HomeMy WebLinkAbout2017 12 06AMENDED
NOTICE AND CALL
OFA
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, DECEMBER 6, 2017 at 4:30 PM. at City Hall — 31d 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: December 5, 2017
AFFIDAVIT OF POSTING
Manuel Lozano
Mayor
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on December 6, 2017.
Alejandra Avila
City Clerk
1
AGENDA
BALDWIN PARK
CITY COUNCIL
SPECIAL MEETING
DECEMBER 6, 2017.
4:30 PM
CITY HALL - 3' Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
Mayor
- Mayor Pro Tem
- Council member
- Council member
- Council member
Please note
time and
meeting
location
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y B'EEP'ER'S' DURANTE LA JUNTA
PUBLIC COMMENTS
The aublic is encouraged to address the City
Council or any of its Agencies listed on this
agenda, but only on any matter posted on this
agenda. If you wish to address the City Council
or any of its Agencies, you may do so during the
PUBLIC COMMUNICATIONS aeriod noted on
the agenda. Each person is allowed three (3)
minutes speaking time. A Spanish-speaking
iote rpreter is available for of convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
Dara hablar solamente sobre asunto ,nublicado en esta
agenda. Si usted desea la oportunidad de dirigirse al
Concilio o alguna de sus Agencias, podra hacerlo
durante el oeriodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A
cada persona se le permite hablar por tres (3)
minutos I lay un rrrt�r� ��aPr� �sA�r�� su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 4:30 P.M.
CALL TO ORDER,
ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tem Susan Rubio 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 DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVIC/OS DEL ITEPETE
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. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaracidnes 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]
OPEN SESSION/STUDY SESSION
None,
RECESS TO CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8:
A. Property: 4145 Puente Avenue (CAN 17-01)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Edward Avakyan, Jenome Research
Under Negotiation: Price and terms of payment
B. Property: 14551 Joanbridge Street (CAN 17-02)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Lih Ping Henry Liou, Baldwin Park TALE Corp.
Under Negotiation: Price and terms of payment
C. Property: 1453 Virginia Avenue (CAN 17-03)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC
Under Negotiation: Price and terms of payment
D. Property:
15480 Arrow Highway (CAN 17-04)
Agency Negotiators
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Lynn Metrow and Todd Hill, Bud King's Weed Club
Under Negotiation:
Price and terms of payment
E. Property:
4507 Littlejohn Street (CAN 17-05)
Agency Negotiators:
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Tina Honglin Guan, Lucky Medical Cannabis Development, Inc.
Under Negotiation:
Price and terms of payment
F. Property: 14824 Ramona Boulevard (CAN 17-06)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Shaun Bershatski, RUKLI, Inc.
Under Negotiation: Price and terms of payment
G. Property: 13111 Spring Street (CAN 17-07)
Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Ming Hong Huang, 428 Cloverleaf, LLC
Under Negotiation: Price and terms of payment
H. Property: 5117 Calmview Avenue (CAN 17-08)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Victor Chevez and Helen Chau, Casa Verde Group
Under Negotiation: Price and terms of payment
I. Property: 13467 Dalewood Street (CAN 17-09)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties Darrin Oganesian and Ryan Oganesian, RD Baldwin Park
Under Negotiation: Price and terms of payment
J. Property: 14837 Ramona Boulevard and
14841 Ramona Boulevard (CAN 17-10)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties; Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC
Under Negotiation: Price and terms of payment
K. Property: 1453 Virginia Avenue, Suite "O" (CAN 17-11)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Chris Coogan, Therapy Crafted Brands, LLC
Under Negotiation: Price and terms of payment
L. Property: 5148 Bleecker Street (CAN 17-12)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Sergio Torres, Enrique Vega and Moses Acosta
Medical Grade Farms BP
Under Negotiation: Price and terms of payment
M. Property: 15023 Ramona Boulevard (CAN 17-13)
Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Shaun Szameit, Joshua Pierce and Kevin Huebner
Kultiv8 Group, LLC
Under Negotiation: Price and terms of payment
N. Property: 5010 Calmview Avenue (CAN 17-14)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Erika Villarruel and Art Castillo, Baldwin Park Caregivers
Under Negotiation: Price and terms of payment
O. Property:
14832 Arrow Highway (CAN 17-15)
Agency Negotiators:
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Teresa Tsai, GSC Capital Group, LLC
Under Negotiation:
Price and terms of payment
P. Property:
5129 Bleecker Street (CAN 17-16)
Agency Negotiators:
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Michael Daniel Healy and Chad Everett LaChance,
High Point Distribution, Inc.
Under Negotiation:
Price and terms of payment
Q. Property: 5157 Azusa Canyon Road (CAN 17-17)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Mike Sandoval and Ed Barraza, Elite Green Cultivators
Under Negotiation: Price and terms of payment
R. Property: 5175 Commerce Drive (CAN 17-18)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Linda Thong, Pacific Cultivation, LLC
Under Negotiation: Price and terms of payment
S. Property: 14808 Arrow Highway (CAN 17-19)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Behnam Rodd, Jasper Rodd, and Luis Franco, Emerald
Connection, LLC
Under Negotiation: Price and terms of payment
T. Property: 13409 Garvey Ave. (CAN 17-20)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Valentina Ambarchyan, Edvin Sanatgar, and Robert Harutyunyan,
Checkpoint Distribution, Inc.
Under Negotiation: Price and terms of payment
U. Property: 428 Cloverleaf Drive (CAN 17-21)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Steve Yazeji, SCS Processing, Inc.
Under Negotiation: Price and terms of payment
V. Property:
15115 Ramona Blvd. AND 15004 Ramona Blvd. (CAN 17-22)
Agency Negotiators:
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Rogelio Magana, Rancho Adelanto Development Enterprises
Under Negotiation:
Price and terms of payment
W. Property:
14712 Arrow Highway (CAN 17-23)
Agency Negotiators:
Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties:
Steve Chan, Manuel Suarez, and Gershom Luh, The Grown
Folks, Inc.
Under Negotiation:
Price and terms of payment
X. Property: 13450 Brooks Drive, Units A and C (CAN 17-24)
Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Anthony Samuel and AvShalom Cohen, NRD, LLC
Under Negotiation: Price and terms of payment
Y. Property: 13460 Brooks Drive (CAN 17-25)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Ruben Kachian, Vertical Bliss, Inc. (Kushy Punch)
Under Negotiation: Price and terms of payment
Z. Property: 4802 Littlejohn Street (CAN 17-26)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Rodolfo Aguilar, SGV Caregivers, Inc.
Under Negotiation: Price and terms of payment
AA. Property: 13450 Brooks Drive, Units A and C (CAN 17-27)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Jonathan Yuan Kai, Jefferson Liou, and Jerrell Austin Shepp,
Cloud Control, Inc.
Under Negotiation: Price and terms of payment
BB. Property: 4802 Littlejohn Street (CAN 17-28)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Marco Perez and Ren Yoneyama, VRD, Inc.
Under Negotiation: Price and terms of payment
CC. Property: 4276 Elton Street (CAN 17-29)
(APNs: 8437-016-005, 8437-016-015, and 8437-016-016)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties;. Yichang Bai, W&F International Corporation
Under Negotiation: Price and terms of payment
DD. Property: 14726 Arrow Highway (CAN 17-30)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Anthony Willoughby, Tier One Consulting
Under Negotiation: Price and terms of payment
EE. Property: 13460 Brooks Drive (CAN 17-31)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Sigrid Lopez and Artem Karapetyan, Green Health Industries,
LLC
Under Negotiation: Price and terms of payment
FF. Property: 5151 Azusa Canyon Rd. (CAN 17-32)
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: David Morgan, Jorge Garcia, Paul Granada, Fausto Alex Chavez,
Electric Atom Distribution
Under Negotiation: Price and terms of payment
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
|. Alejandra /\Vi|@. City Clerk Of the City of B@|dvviD Park hereby that, certify under penalty Of
perjury under the |GvVS of the State of California, the foregoing agenda was posted OD the City
Hall bulletin board not less than 24 hours prior to the meeting on December 6, 2017.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 960-4011 ext. 466 or e-mail w�t corn.
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 /1)
�'1 -M"- - I I 9
NOTICE 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, DECEMBER 6, 2017 at 6:00 PM. at City Hall — V 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- December 5, 2017
AFFIDAVIT OF POSTING
Manuel Lozano
Mayor
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on December 6, 2017.
Alejandra Avila
City Clerk
U3.171141 1
AGENDA
BALDWIN PARK CITY COUNCIL
SPECIAL MEETING
Tease note
time and
DECEMBER 6, 2017 _ -- —_w_... ocat�on
6:00 PM
CITY HALL - 3' Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
- Mayor
Susan Rubio
- Mayor Pro Tem
Cruz Baca
- Council member
Monica Garcia
- Council member
Ricardo Pacheco
- Council member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES 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, but only on any matter posted on this
agenda. 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
intorpreter 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,
Dara hablar solamente sobre asunto publicado en esta
agenda. 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)
minutos. Hay un interorete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 6:00 P.M.
CALL TO ORDE
ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tem Susan Rubio 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 DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. EI 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]
OPEN SESSION/STUDY SESSION
1. CODE PROHIBITION AND CONDITIONAL USE PERMIT REQUIREMENTS FOR
WAREHOUSE USES IN COMMERCIAL/INDUSTRIAL ZONES
Presentation by Community Development Director Gus Romo regarding code requirements
in commercial and commercial industrial zoned areas
RECESS TO CLOSED SESSION
2. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
,an y d gp tqd representatives- Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney, and Sean Gibbons, Coleman Frost LLP
Enol y e w t rsizgtions: General Unit of Maintenance Employees, SEIU Local 721; Police
Officer Association; Professional and Technical Employees Association; Clerical
Employees Association; Police Management Employees Association; Classified
Confidential Employees Association; Classified Management Employees Association
Unre r) re see
n4gd Er plo y (): City Planner; Housing Authority Manager; Human Resource
Manager; Chief Deputy City Clerk; Community Development Director; Police Chief; Finance
Director; Public Works Director; Recreation and Community Services Director
3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8.
Property: 13100 Brooks Drive
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Joseph White, Becker Boards
Under Negotiation: Price and terms of payment
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400
Case Name: Tuttle v City of Baldwin Park Case No. 2:16 cv 09167 CAS GJS
5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): One (1)
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on December 6, 2017.
Alejandra Avila
City Clerk
PLEASE NOTE Copies of staff reports and supporling cocumentCalion perttarrai"nfl to each item can this agenda are
arvadable for public viewing and inspection at City Hall, 2111° Floorl i e7bby re � i at the Lias ngta es C aunty l�l'rabli t r'brary
in the Cit of Baldwin Park. For further information regarding agenda items, to L%ise c,•onliac^t alae office of arca Cit Clad( gat
(626) 960-4011 ext. 466 or email&itrAla,baPdwinjmfR,m.m..gat
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting
will enable staff to make reasonableo ensure accessibility to this meeting.i CFR 34.102.104ADA
AMENDED
AGENDA
BALDWIN PARK CITY COUNCIL
REGULAR MEETING
DECEMBER 6, 2017
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
Mayor
- Mayor Pro Tem
- 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 aeriod 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 jurisdiccidn. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacedo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the City Council
that is distributed to the City Council less than 72 hours prior to that meeting will be available for public insaection
at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday
- Thursday, 7:30 a.m. - 6:00 p.m.)
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
COUNCIL REORGANIZATION
1. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE
Staff recommends that the City Council complete the reorganization of the City Council, and
follow the procedure as suggested for the selection of Mayor Pro Tempore as follows:
1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any
Councilmember may nominate and no second to the nomination is required;
2) After receiving all nominations, the City Clerk closes the nominations;
3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If
there is more than one nomination, a roll call vote is conducted in the order in which
nominations are received until a Mayor Pro Tempore is elected by majority vote.
PROCLAMATIONS COMMENDATIONS & PRESENTATIONS
• Introduction of the new Human Resources / Risk Manager Laura Thomas
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 accidn en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracidnes 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 §54954.21
City Council Agenda 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.
2, WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.:
1 REJECTION OF CLAIMS
Staff recommends that Council reject the following claim(s) and direct staff to send
appropriate notice of rejection to claimant(s):
Garcia, David Claimant alleges he was attacked by a
Baldwin Park Police K-9 while working at
the car wash.
4. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Housing Authority, Finance Authority, Special and
Regular City Council Meetings held on November 15, 2017.
5. DESIGNATE REPRESENTATIVES AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY AS MEMBERS OF THE GOVERNING
BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
(ICRMA)
Staff recommends that Council:
1. Reappoint Council member Ricardo Pacheco as Representative, appoint Chief
Executive Officer Shannon Yauchzee as Alternate, and appoint Human
Resource -Risk Manager Laura Thomas as Substitute Alternate as
representatives of the City of Baldwin Park on the Governing Board of the
Independent Cities Risk Management Authority (ICRMA); and
2. Approve Resolution No. 2017-208, entitled "A Resolution of the City Council of
the City of Baldwin Park, California, Appointing Representatives and Alternates
as Official Representatives of the City as Members of the Governing Board of the
Independent Cities Risk Management Authority (ICRMA)."
6.. APPROVE AND ADOPT A RESOLUTION APPROVING THE 4TH AMENDMENT
TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, (SGVCOG)
JOINT POWERS AGREEMENT (JPA)
Staff recommends that Council approve and adopt Resolution 2017-216, entitled
"Resolution of the City Council of the City of the City of Baldwin Park, California,
Approving the Fourth Amendment to the San Gabriel Valley Council Of
Governments Joint Powers Authority Agreement," approving the 4th Amendment to
the San Gabriel Valley Council of Governments' (SGVCOG) Joint Powers
Agreement (JPA).
City Council Agenda
Page 3
7. ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF UNDERSTANDING
BETWEEN CITY OF BALDWIN PARK AND BALDWIN PARK CITY EMPLOYEES
ASSOCIATION (CEA), THE BALDWIN PARK CLASSIFIED CONFIDENTIAL
EMPLOYEES ASSOCIATION (CCEA), AND THE BALDWIN PARK CLASSIFIED
MANAGEMENT EMPLOYEES ASSOCIATION (CMEA), AND ADOPT
RESOUTIONS AMENDING EXECUTIVE AND UNCLASSIFIED MANAGEMENT
BENEFITS MATRIX; AND APPROVE A RESOLUTION TO UPDATE THE PAY
SCHEDULE REFLECTING SALARY AND BENEFIT ADJUSTMENTS IN
ACCORDANCE WITH CALPERS ESTABLISHED GUIDELINES
Staff recommends that Council approve and adopt:
1. Resolution No. 2017-209 to approve the MOU with the Baldwin Park City
Employees Association; and
2. Resolution No. 2017-210, to approve the MOU with the Baldwin Park Classified
Confidential Employees Association; and
3. Resolution No. 2017-211, to approve the MOU with the Classified Management
Employees Association; and
4. Resolution No. 2017-212, amending the Executive Employees and Unclassified
Managers Benefits Matrices; and
5. Resolution No. 2017-213, updating the comprehensive City of Baldwin Park
Pay Schedule to reflect salary adjustments retroactive to July 1, 2017, in
accordance with approved Memorandum of Understandings, respectively,
amended benefit matrices and State mandated wage adjustments; and
6. Resolution No. 2017-214, updating the comprehensive City of Baldwin Park
Pay Schedule to reflect salary adjustments retroactive to December 1, 2017, in
accordance with approved Memorandum of Understandings, respectively,
amended benefit matrices and State mandated wage adjustments; and
7. Resolution No. 2017-215, updating the comprehensive City of Baldwin Park
Pay Schedule to reflect salary adjustments effective January 1, 2018, in
accordance with approved Memorandum of Understandings, respectively,
amended benefit matrices and State mandated wage adjustments; and
8. To authorize the Finance Director to complete a budget amendments and
appropriations.
PUBLIC HEARING
8. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE
AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 127
(COMMERCIAL CANNABIS) TO INCREASE THE NUMBER OF PERMITS
PERMITTED FROM FIFTEEN TO TWENTY
Staff recommends that Council conduct a Public Hearing and, thereafter, waive the
reading and adopt by title only Urgency Ordinance entitled, "An Urgency Ordinance
of the City Council of the City of Baldwin Park, California, Amending Chapter 127,
Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to
the City of Baldwin Park Municipal Code."
City Council Agenda Page 4
REPORTS OF OFFICERS
9* A REQUEST FOR THE CONSIDERATION OF APPROVAL OF DEVELOPMENT
AGREEMENTS FOR COMMERCIAL USE OF CANNABIS (MANUFACTURING,
CULTIVATION, AND DISTRIBUTION)
Staff recommends that, after consideration of the proposed Development
Agreements, that the City Council approve up to twenty Development Agreements
for Commercial Cannabis Manufacturing, Cultivation, and Distribution.
10. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF
APPOINTMENT OF MEMBERS FOR THE HOUSING COMMISSION OF THE CITY
OF BALDWIN PARK
Staff recommends that Council review the submitted Commission applications,
accept nominations, authorize staff to initiate the appropriate background checks
through the Department of Justice (DOJ) and, contingent upon satisfactory
clearance by the DOJ, appoint individuals to the respective City Commissions and
adopt Resolution No. 2017-166, entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPOINTING QUALIFIED INDIVIDUALS TO
THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE
NUMBERS 1, 2, 3, 4, 5 and 6."
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
• Request by Mayor Pro Tem Rubio for discussion and consideration:
Mayor Pro Tem Rubio is requesting that Council consider launching an aggressive
"shop local" campaign with the following components:
1. Engage the Baldwin Park Business Association to assist with promoting local
businesses.
2. Partner with the School District to promote local businesses within local schools and
offer sponsorship opportunities - all monies going to support after-school programs.
3. Include social media "Shop Local" video component.
• Request by Mayor Pro Tem Rubio to discuss conducting a Special Meeting to consider the
following.-
1.
ollowing:
1. Create a "Cannabis Safety Master Plan" to address the safety issues related to the
new cannabis ordinance.
2. Discuss the public safety mitigation fees and their immediate use to increase the
number of police officers; set up a security room with new equipment to monitor
designated areas; and train field officers to focus on "high-risk" industrial/commercial
areas.
3. Seek subject -matter expert to guide the process.
4. Create a Cannabis Association to maintain good communication with city staff;
address concerns on both sides as they arise; and become good community
partners.
City Council Agenda
Page 5
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of
perjury under the laws of the State of California, the foregoing AMENDED agenda was posted
on the City Hall bulletin board this 5th day of December, 2017.
,AleJ21 Avila
City Clerk
PL-E4,SE NOTE: Copies if 6taff rep; r�'
Libraryinspection at City Hall, 2 "d Fkmr Lobby Atea; or at the Los Angeles County Publ ic
0'�Wrding agenda items, please". contact Hie office of the City Clerk at (626) 960-4011 ext. ..
accessibilityI n compliance with the Amerk;an.,,� Wfl'i Disabilities Act, if you need special assistance to pai 0cipate in It iis meeting, please contact the Public
Works Department or Risk Mai ogement at (626) 960-4011. Notffif,.aflon 48 hours prior to 111"w meeting will enable staff to make reasonable
arrangements to ensure t
City Council Agenda
STAFF RE PORT
AlArco
rok
THE
SAKI GA13RIEL
TO:
FROM:
DATE:
ITEM NO.'
Honorable Mayor and City Councilmembers
Shannon Yauchzee, Chief Executive Officer
December 6, 2017
SUBJECT: REORGANIZATION OF THE CITY COUNCIL — SELECTION OF
MAYOR PRO TEMPORE
SUMMARY
The purpose of this report is to complete the reorganization of the City Council with the selection of a new
Mayor Pro Tempore as spelled out in the Baldwin Park Municipal Code.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff recommends City Council complete the reorganization of the City Council and follow procedures as
suggested for the selection of Mayor Pro Tempore as follows:
1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember
may nominate and no second to the nomination is required;
2) After receiving nominations, the City Clerk closes the nominations;
3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is
more than one nomination, a roll call vote is conducted in the order in which nominations are
received until a Mayor Pro Tempore is elected by majority vote.
BACKGROUND
In accordance with Ordinance No. 1249, which established section 30.02 it is appropriate at this time to
reorganize the City Council and select one of its members as Mayor Pro Tempore. Attachment 1 shows the
recent rotation of Mayor Pro Tem.
§ 30.02 COUNCIL REORGANIZATION.
The Council shall reorganize and select one of its members as Mayor Pro Tempore, on the following
occasions:
(A) In even -numbered years at the Council meeting at which the canvass of the results of the general
municipal election are declared.
(B) In odd -numbered years at the first regular meeting conducted in the month of December.
(C) At such other times as a majority of the City Council shall order.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney.
ATTACHMENTS
#I — Mayor Pro Tempore Roster
Reorganization of Council
December 6, 2017
ATTACHMENT
Mavor
lection
Magor Pro n--"".........T.erm
.............
-
Manuel Lozano
—E
November 8, 2005
David J. 01ivas
December 21, 2005
Marlen Garcia
December 6,'2006
Manuel Lozano
November 6, 2007
Anthony J. Bejarano
December 5, 2007
Monica Garcia
December 17, 2008
Manuel Lozano
November 3, 2009
Ricardo Pacheco
December 16, 2009
Marlen Garcia
December 1, 2010
Manuel Lozano
November 8, 2011
Susan Rubio
December 7, 2011
Monica Garcia
December 5, 2012
Manuel Lozano
November 5, 2013
...........
Ricardo Pacheco
December 4, ,2013
Cruz Baca
December 3, 2014
. . ... ..........
Manuel Lozano
November 3, 2015
Monica Garcia
December 2, 2015
Susan Rubio
December 7, 2016
.Manuel Lozano
NovemberN'-6v�6`mb—er3, 2- 015*
December 6, 2017
December 5, 2018
*City Election Year changed from 2017 to 2018
ITEM NO.
S A F REPORT
�'
�A 0
TO:
Honorable Mayor and City Councilmembers
,%,,jcs off'
FROM:
Rose Tam , Director of Finance
oi� r
DATE:
December 6, 2017
LII
l � '� ° '
SUBJECT:
WARRANTS AND DEMANDS.
SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.
FISCAL IMPACT
The payroll for the last two pay periods were $919,486.68 and the attached General Warrants Register were
$661,019.39 for a total amount of $1,580,506.07
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register,
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the
demands hereinafter referred. Payments released since the previous City Council meeting and the following is a
summary of the payment released:
1. The payroll of the City of Baldwin Park consist of check numbers 199053 to 199133. Additionally,
Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from
control number 3282 to 3814 For the period of October 22, 2017 through November 18,2017, inclusive;
these are presented and hereby ratified in the amount of $919,486.68
2. General Warrants, including check numbers 217226 to 217387, in the total amount of $661,019.39
constituting of 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.
Payment Number
217226
217226
217226
217226
217226
217226
217227
217227
217227
217227
217227
217227
217228
217229
217229
217229
217230
217231
217232
217232
217233
217234
217235
217235
217236
217237
217238
217239
217239
217240
217241
217242
217243
217244
217245
217246
217247
217248
217249
217250
217251
217252
217253
217255
217256
217257
217258
217259
217260
217261
217262
217263
217264
217265
City of Baldwin Park, CA
Payment Date
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/07/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/08/2017
11/09/2017
11/09/2017
11/09/2017
11/09/2017
11/09/2017
11/09/2017
11/09/2017
CHECK REGISTER
By Segment (Select Below)
Payment Dates 11/07/2017 - 11/22/2017
Vendor Name Description (Item) Account Number Amount
CITY EMPLOYEES ASSOCIATES
DUES CMEA
100-00-000-21226-00000
CITY EMPLOYEES ASSOCIATES
DUES CONFIDENTIAL/CEA
100-00-000-21227-00000
CITY EMPLOYEES ASSOCIATES
DUES CMEA
100-00-000-21226-00000
CITY EMPLOYEES ASSOCIATES
DUES CONFIDENTIAL/CEA
100-00-000-21227-00000
CITY EMPLOYEES ASSOCIATES
DUES CMEA
100-00-000-21226-00000
CITY EMPLOYEES ASSOCIATES
DUES CONFIDENTIAL/CEA
100-00-000-21227-00000
P.T.E.A.
PTEA DUES
100-00-000-21220-00000
P.T.E.A.
CLERICAL DUES
100-00-000-21224-00000
P.T.E.A.
PTEA DUES
100-00-000-21220-00000
P.T. E.A.
CLERICAL DUES
100-00-000-21224-00000
P.T.E.A.
PTEA DUES
100-00-000-21220-00000
P.T.E.A.
CLERICAL DUES
100-00-000-21224-00000
CALIFORNIA EXCURSIONS & T
ADA MOTORCOACH FOR DOD
244-60-630-51100-15540
CARLOS VALLE
CLEANING OF OUTSIDE RESTR
100-60-620-53371-00000
CARLOS VALLE
CLEANING OF OUTSIDE RESTR
245-60-620-53371-15882
CARLOS VALLE
CLEANING OF OUTSIDE RESTR
252-60-620-53371-00000
FEDEX OFFICE
PRINTING SERVICES FOR SENI
501-60-000-22328-00000
IVETTE TORREZ
CASH ADVANCE FOR VETERA
100-60-610-53100-16149
J & A FORMAL WEAR
STAFF TUX RENTAL FOR SENIO
100-60-630-53100-00000
J & A FORMAL WEAR
STAFF TUX RENTAL FOR SENIO
100-60-630-53100-00000
JOHN CARRILLO
BASIC CARTOON DRAWING CL
501-60-000-22328-00000
LA BALLOONS
BALLOONS FOR SENIOR PRO
100-60-630-53100-00000
NADA BUS INC
TRANSPORTATION SERVICES F
244-60-630-51100-15540
NADA BUS INC
TRANSPORTATION SERVICES F
244-60-630-51100-15540
SOUTHERN CALIFORNIA SWI
SWIMTEAM AND COACH ME
501-60-000-22329-00000
SPORT SUPPLY GROUP INC
SPORTS EQUIPMENT FOR YOU
501-60-000-22326-00000
TIME WARNER CABLE
INTERNETSERVICE
100-60-670-51101-15100
TIME WARNER CABLE
INTERNETSERVICE
100-60-610-51100-00000
TIME WARNER CABLE
INTERNETSERVICE
100-60-630-51101-00000
TIME WARNER CABLE
INTERNET SERVICE
100-60-670-51101-15100
TROPHY WORLD
BASKETBALL TROPHIES, 120/E
501-60-000-22326-00000
UNITED STATES POSTAL SERVI
POSTAGE FOR BP NOW CITY N
230-60-610-51100-11400
CALIFORNIA HIGHWAY PATRO
VEHICLE THEFT INVESTIGATO
271-30-350-53200-17233
FEDEX OFFICE
PRINTING SERVICES
230-60-610-53100-16148
HELEN H HERNANDEZ
CUPCAKES REIMBURSEMENT
100-60-680-53100-00000
INTER -CITY ENERGY SYSTEMS,
REFUND 3358 MANGUM ST
100-40-000-43400-00000
IRMA GARCIA
REIMB FOR SR PROM
100-60-630-53100-00000
JENNIFER PEDRAZA
RFND. ELECTRICITY NOT WOR
100-60-000-45601-00000
JIANJUN WANG
RFND 13336 EARL AVE
100-40-000-43400-00000
JOSE CASTRO
VEHICLE THEFT INVESTIGATO
271-30-350-53200-17233
MANAGED HEALTH NETWORK
EAP
100-10-150-53370-00000
MELISSA TRUJILLO
ICRMA TRNG 10/23 & 10/26/
100-10-150-53350-00000
RIGHT TIME HOME SERVICES
RFND. 3742 PUENTE AVE
100-40-000-43400-00000
SOLAR CITY CORP
FRND. 3615 PADDY LANE
100-40-000-43400-00000
THE SHREDDERS
SHREDDING SERVICES
100-20-210-51101-00000
TIME WARNER CABLE
CABLE SERVICE @ TEEN CTR
100-60-660-51101-00000
VANESSA CARBAJAL
HALLOWEEN 2017 REIMBURS
100-25-299-53100-00000
AMERICAN LEGION POST 241
8/6/17 and 10/31/17
501-20-000-22000-00000
BALDWIN PARK AMERICAN LI
08/6/17 and 10/31/17
501-20-000-22000-00000
BALDWIN PARK HIGH SCHOOL
8/6/17-10/31/17
501-20-000-22000-00000
BALDWIN PARK SISTER CITIES
08/06/17 and 10/31/17
501-20-000-22000-00000
BALDWIN PARK YOUTH ATHLE
08/06/17-10/31/17
501-20-000-22000-00000
EASTSIDE LITTLE LEAGUE
08/06/17
501-20-000-22000-00000
L.U.C.H.A.
08/06/17
501-20-000-22000-00000
9.00
36.00
9.50
9.00
18.50
45.00
247.00
76.00
47.50
9.50
294.50
85.50
1,428.75
4,992.50
1,000.00
4,992.50
311.36
200.00
60.00
60.00
85.40
255.11
1,030.00
887.50
282.00
707.14
89.97
25.86
25.86
2.49
852.15
3,200.00
247.00
49.68
20.16
10.40
15.32
62.50
47.20
288.00
355.20
41.52
47.20
10.40
637.50
10.63
30.00
500.00
500.00
500.00
500.00
500.00
250.00
250.00
IV.p-' � '011 ,, V .:0 'i i'''a P11"o IP01:11l k rtA `i)
CHECK REGISTER
500.00
501-20-000-22000-00000
500.00
Payment Number
Payment Date
Vendor Name
Description (Item)
217266
11/09/2017
SIERRA VISTA DONS
08/17/17-10/31/17
217267
11/09/2017
SO CAL FURY WRESTLING CLU
08/06/17 and 10/31/17
217268
11/09/2017
TUFF KIDZ
08/6/17 and 10/31/17
217269
11/09/2017
ANA VALDIVIA
DEDUCTION
217270
11/09/2017
CALIF DEPT OF CONSERVATIO
SMI -STRONG MOTION INSTR
217270
11/09/2017
CALIF DEPT OF CONSERVATIO
SMI -STRONG MOTION INSTR
217271
11/09/2017
CALIF DEPT OF CONSERVATIO
SMI -STRONG MOTION INSTR
217271
11/09/2017
CALIF DEPT OF CONSERVATIO
SMI -STRONG MOTION INSTR
217272
11/09/2017
CALIFORNIA BUILDING STAND
SB1473-BLDG STANDARDS AD
217273
11/09/2017
CALIFORNIA BUILDING STAND
SB1473-BLDG STANDARD AD
217274
11/09/2017
CALIFORNIA BUILDING STAND
SB1473-BLDG STANDARDS AD
217275
11/09/2017
DIVISION OF THE
DISAB ACCESS/EDUCATION SB
217276
11/09/2017
DIVISION OF THE
DISAB ACCESS/EDUCATION SB
217277
11/09/2017
EMPLOYMENT DEV DEPT
UI BENEFIT 7/1/17-9/30/17
217278
11/09/2017
HDL, COREN & CONE
PROP TX OCT-DEC'17
217279
11/09/2017
LYNDA C SALAS
DEDUCTION
217280
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217281
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217282
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217283
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217284
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217285
11/09/2017
STATE DISBURSEMENT
DEDUCTION
217286
11/09/2017
CREATIVE SERVICES OF NEW E
JUNIOR OFFICER BADGE STICK
217287
11/09/2017
DELL COMPUTER CORP
OPTIPLEX 3050 SFF COMPUTE
217288
11/09/2017
SAN GABRIEL VALLEY WATER
WATER COST FOR CITY BUILDI
217289
11/09/2017
SECRETARY OF STATE
NOTARY RENEWAL
217290
11/09/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
217290
11/09/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
217291
11/09/2017
STERICYCLE, INC.
DISPOSAL OF BIOHAZARD MA
217291
11/09/2017
STERICYCLE, INC.
DISPOSAL OF BIOHAZARD MA
217291
11/09/2017
STERICYCLE, INC.
DISPOSAL OF BIOHAZARD MA
217291
11/09/2017
STERICYCLE, INC.
DISPOSAL OF BIOHAZARD MA
217291
11/09/2017
STERICYCLE, INC.
DISPOSAL OF BIOHAZARD MA
217291
11/09/2017
STERICYCLE, INC.
COLLECTION OF BIOHAZARD
217292
11/09/2017
VALLEY COUNTY WATER DIST
WATER COST FOR CITY PARKS
217292
11/09/2017
VALLEY COUNTY WATER DIST
WATER COST FOR SPRINKLERS
217292
11/09/2017
VALLEY COUNTY WATER DIST
WATER COST FOR CITY BUILDI
217292
11/09/2017
VALLEY COUNTY WATER DIST
WATER COST FOR CITY HALL T
217293
11/09/2017
YAKAR GENERAL CONTRACTO
CONTINUED CENTER MEDIAN
217293
11/09/2017
YAKAR GENERAL CONTRACTO
CENTER MEDIAN LANDSCAPE
217294
11/13/2017
ADLERHORST INTERNATIONAL
SUPPLIES FOR OFFICER HERRE
217294
11/13/2017
ADLERHORST INTERNATIONAL
SUPPLIES FOR OFFICER HERRE
217295
11/13/2017
ALLSTATE POLICE EQUIPMEN
SAFETY VESTS FOR OFFICERS
217295
11/13/2017
ALLSTATE POLICE EQUIPMEN
SAFETY VESTS FOR OFFICERS
217295
11/13/2017
ALLSTATE POLICE EQUIPMEN
SAFETY VESTS FOR OFFICERS
217295
11/13/2017
ALLSTATE POLICE EQUIPMEN
SAFETY VESTS FOR OFFICERS
217296
11/13/2017
ARROYO BACKGROUND INVES
MARIJUANA PERMIT APPLICA
217296
11/13/2017
ARROYO BACKGROUND INVES
MARIJUANA PERMIT APPLICA
217297
11/13/2017
BLACK & WHITE EMERGENCY
STRIP EMERGENCY EQUIPME
217298
11/13/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
217299
11/13/2017
DE LAGE LANDEN
MAINTENANCE FOR SHARP M
217299
11/13/2017
DE LAGE LANDEN
LEASE FOR SHARP MXM654N
217300
11/13/2017
FRONTIER COMMUNICATION
FIOS SERVICE FOR COUNCILM
217301
11/13/2017
FRONTIER COMMUNICATION
LOCAL CALLS USAGE
217302
11/13/2017
FRONTIER COMMUNICATION
DSL INTERNET SERVICE FOR F
217303
11/13/2017
PCM SALES INC
GENERAL IT EQUIPMENT
217304
11/13/2017
SAN GABRIEL VALLEY WATER
WATER COST FOR CITY PARKS
217304
11/13/2017
SAN GABRIEL VALLEY WATER
WATER COST FOR SPRINKLERS
217305
11/13/2017
THE GAS COMPANY
GAS COST FOR CITY BUILDING
217306
11/14/2017
AAE INCORPORATED
PLAN CHECK SERVICES
Payment Dates: 11/07/2017 - 11/22/2017
Account Number Amount
501-20-000-22000-00000
500.00
501-20-000-22000-00000
500.00
501-20-000-22000-00000
500.00
100-00-000-21225-00000
346.15
100-00-000-20016-00000
342.15
100-00-000-20017-00000
1,166.19
100-00-000-20016-00000
434.38
100-00-000-20017-00000
493.39
100-40-000-43405-00000
511.20
100-40-000-43405-00000
597.60
100-40-000-43405-00000
1,420.20
100-20-000-40231-00000
249.90
100-20-000-40231-00000
282.00
403-10-160-54120-00000
1,727.28
100-25-299-51100-00000
2,635.77
100-00-000-21225-00000
450.00
100-00-000-21225-00000
398.30
100-00-000-21225-00000
361.84
100-00-000-21225-00000
131.53
100-00-000-21225-00000
309.69
100-00-000-21225-00000
617.08
100-00-000-21225-00000
67.38
100-30-310-53100-00000
749.00
205-30-310-53100-00000
944.12
100-60-620-53402-00000
1,481.07
100-10-120-53200-00000
40.00
251-50-530-53401-00000
2,821.53
251-50-530-53401-00000
34,643.19
100-30-310-51100-00000
85.83
100-30-310-51100-00000
85.83
100-30-310-51100-00000
85.83
100-30-310-51100-00000
85.83
100-30-310-51100-00000
89.69
100-30-310-51100-00000
85.83
252-60-620-53402-00000
1,158.50
251-50-560-53402-00000
4,782.66
100-60-620-53402-00000
1,991.83
100-60-620-53402-15882
828.64
240-50-520-58100-15055
138, 469.80
254-50-520-58100-15055
29,366.51
100-30-340-53100-00000
44.50
100-30-340-53100-00000
258.60
100-30-340-53100-00000
971.23
100-30-340-53100-00000
971.23
100-30-340-53100-00000
971.23
100-30-340-53100-00000
971.23
100-30-310-51100-14070
9,750.00
100-30-310-51100-14070
3,000.00
100-30-360-51100-00000
250.00
240-50-530-51100-00000
3,635.00
401-10-141-53371-11504
135.27
401-10-141-58140-11504
247.43
401-10-141-53403-11506
102.00
401-10-141-53403-11506
1,162.61
401-10-141-53403-11506
70.98
401-10-140-53390-00000
265.07
252-60-620-53402-00000
6,135.89
251-50-560-53402-00000
967.78
100-60-620-53400-00000
581.41
100-50-510-51100-00000
5,139.75
CHECK REGISTER
Payment Number
217307
217308
217309
217310
217311
217312
217313
217313
217313
217314
217314
217315
217316
217317
217318
217319
217319
217319
217319
217319
217319
217319
217319
217319
217319
217319
217319
217319
217319
217320
217320
217320
217321
217322
217323
217324
217325
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
217326
Payment Date
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/14/2017
11/15/2017
11/15/2017
11/15/2017
11/15/2017
11/15/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
11/16/2017
Vendor Name
ANA PEREZ
BALDWIN PARK PIZZA
CINTAS FIRST AID & SAFETY
CLAUDIA S. HERNANDEZ
CRYSTAL MARQUEZ
DAVID VILLEGAS
HOME DEPOT
HOME DEPOT
HOME DEPOT
IRON MOUNTAIN
IRON MOUNTAIN
IRON MOUNTAIN
JANET MENDEZ
LEWIS ENGRAVING INC
VASQUEZ & COMPANY LLP
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
PERS-RETIREMENT
COLEMAN FROST LLP
DANTE ANSAGAY
KIMBERLY NGUYEN
RYAN FELTON
SAN BERNARDINO CO SHERIF
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
COMPUTER SERVICES COMPA
Description (Item)
RND DPST 10/27/2017
MEAL FOR SR CTR STAFF
FIRST AID SUPPLIES
RFND DPST 10/29/2017
RFND DPST 10/28/2017
ACH RETURNED FROM DIREC
MISC SUPPLIES
MISC SUPPLIES
MISC SUPPLIES
STORAGE
STORAGE
STORAGE
RFND DPST 10/28/2017
NEW BADGES FOR COUNCIL &
PROF SERV - AUDIT 6/30/201
PERS SURVIVOR
PERS ADDITIONAL RETIREE SV
PERS REDEPOSIT
SWORN - 344
PERS - 350
PERS - 351
PERS - 352
PERS SWORN CITY PAID - PEP
PERS SWORN ER REG PAY
PT PERS MISC CITY PAID
PERS MISC CITY PAID
PERS MISC CITY PAID - PEPRA
PERS - 350
PERS MISC CITY PAID
ID#2485886186.10/1-10/31/
ID#2485886186.10/1-10/31/
ID#2485886186.10/1-10/31/
LABOR NEGOTIATIONS-JLY SR
REFUND -BARNES 11/12/17
CATERING -4TH OFJULY'17
EMPLOYEE PC LOAN
E PARRA-TRAFF COLLISON INV
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
TRAFFIC SIGNAL & STREET LIG
Payment Dates: 11/07/2017 - 11/22/2017
Account Number Amount
501-60-000-22333-00000
100-60-630-53100-00000
100-10-150-53100-00000
501-60-000-22333-00000
501-60-000-22333-00000
999-00-000-10010-00000
901-40-410-53100-14310
905-40-410-53100-14305
901-40-410-53100-14310
100-10-120-51101-00000
100-10-120-51101-00000
100-10-120-51101-00000
501-60-000-22333-00000
100-10-100-53100-00000
100-20-210-51100-00000
100-00-000-21207-00000
100-00-000-21206-00000
100-00-000-21206-00000
100-00-000-21206-00000
100-00-000-21206-00000
100-00-000-21206-00000
100-00-000-21206-00000
100-00-000-21256-00000
100-00-000-21256-00000
100-00-000-21256-00000
100-00-000-21256-00000
100-00-000-21256-00000
100-00-000-21206-00000
100-00-000-21256-00000
100-00-000-21206-00000
100-00-000-21207-00000
100-00-000-21256-00000
100-10-131-51102-11103
501-60-000-22333-00000
501-60-000-22328-00000
100-00-000-11031-00000
271-30-350-53200-17233
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
240-50-530-51100-00000
500.00
28.35
239.73
100.00
150.00
300.00
69.83
8.32
32.73
134.80
33.46
13.66
500.00
170.82
20,000.00
194.37
345.93
31.85
4,610.79
16,110.29
20,316.00
2,886.30
4,807.22
44,522.25
928.43
17,787.55
4,864.24
185.48
374.81
369.17
14.00
315.13
5,742.00
100.00
955.94
1,500.00
389.00
428.36
199.50
266.32
538.95
119.33
100.50
103.01
921.93
346.69
103.00
618.00
51.50
708.97
67.83
242.47
108.03
170.83
376.00
452.23
163.32
119.34
103.00
103.00
IIla^lqe fi of 9
CHECK REGISTER
Payment Dates: 11/07/2017 - 11/22/2017
Payment Number
Payment Date
Vendor Name
Description (Item)
Account Number
Amount
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
172.04
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
443.47
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
444.00
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
790.51
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
199.50
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
444.00
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
51.50
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
444.00
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
293.97
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
368.06
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
51.50
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
154.50
217326
11/16/2017
COMPUTER SERVICES COMPA
TRAFFIC SIGNAL & STREET LIG
240-50-530-51100-00000
51.50
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
FUNDS MANAGEMENT SERVI
245-50-520-58100-15698
2,400.00
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
FUNDS MANAGEMENT SERVI
245-50-520-58100-15698
300.00
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
FUNDS MANAGEMENT SERVI
245-50-520-58100-15698
120.00
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
FUNDS MANAGEMENT SERVI
245-50-520-58100-15698
3,555.00
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
COMMUTER CONNECTOR EXP
270-50-520-58100-15508
1,900.00
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
FUNDS ADMINISTRATION RE-
245-50-520-58100-15698
1,170.40
217329
11/16/2017
EVAN BROOKS ASSOCIATES, I
PROJECT MANAGEMENT & NE
254-50-510-51100-15045
860.00
217330
11/16/2017
F.S. CONTRACTORS INC
BUS STOP IMPROVEMENTS PR
245-50-580-58110-15547
38,380.00
217331
11/16/2017
OFFICE DEPOT INC
OFFICE SUPPLIES
100-50-500-53100-00000
15.43
217331
11/16/2017
OFFICE DEPOT INC
OFFICE SUPPLIES
100-50-500-53100-00000
0.66
217331
11/16/2017
OFFICE DEPOT INC
OFFICE SUPPLIES
100-50-500-53100-00000
3.83
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR TEEN CENTER
100-60-660-53100-00000
73.04
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR TEEN CENTER
100-60-660-53100-00000
31.77
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
256.73
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SPECIAL EVENT
501-60-000-22328-00000
68.43
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
306.80
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR TRIPS & TOURS
501-60-000-22327-00000
12.99
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR ARC
100-60-680-53100-00000
27.57
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR FAMILY SERVIC
100-60-640-53100-00000
59.85
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR FAMILY SERVIC
100-60-640-53100-00000
59.85
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
3.92
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
59.44
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
49.98
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SENIOR CENTE
100-60-630-53100-00000
18.87
217332
11/16/2017
SMART & FINAL
SUPPLIES FOR SPECIAL EVENT
501-60-000-22328-00000
83.64
217333
11/16/2017
TERMINIX INTERNATIONAL
SERVICES FOR MCNEILL MAN
905-40-410-53371-14305
180.00
217333
11/16/2017
TERMINIX INTERNATIONAL
SERVICES FOR MCNEILL MAN
905-40-410-53371-14305
80.00
217333
11/16/2017
TERMINIX INTERNATIONAL
SERVICES FOR MCNEILL MAN
905-40-410-53371-14305
80.00
217334
11/16/2017
DANIEL RODRIGUEZ
EMERGENCY SERVICES MANA
100-30-380-51100-00000
3,733.50
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-560-53401-00000
27.10
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-530-53401-00000
46.01
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-530-53401-00000
48.48
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-530-53401-00000
44.62
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-530-53401-00000
78.06
217335
11/16/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
251-50-530-53401-00000
1,953.09
217336
11/20/2017
AAE INCORPORATED
OFF-SITE PLAN CHECK SERVIC
100-40-450-51100-00000
3,638.93
217337
11/20/2017
ACCESS CONTROL SECURITY I
SECURITY GUARD SERVICES
501-60-000-22328-00000
150.00
217338
11/20/2017
BRENDA RAZO
TINY TOTS CLASSES
501-60-000-22328-00000
919.10
217339
11/20/2017
BROWNSTEIN HYATT FARBER
LEGAL SERVICES FOR REVIEW
100-10-130-51103-14103
1,594.90
217340
11/20/2017
BROWNSTEIN HYATT FARBER
LEGAL SERVICES FOR REVIEW
100-10-130-51103-14103
3,978.54
217340
11/20/2017
BROWNSTEIN HYATT FARBER
LEGAL SERVICES FOR REVIEW
100-10-130-51103-14103
18,041.98
217341
11/20/2017
EXPERIAN
CREDIT REPORTS FOR SECTIO
220-40-420-51101-14700
39.36
217341
11/20/2017
EXPERIAN
CREDIT REPORTS FOR SECTIO
901-40-410-51101-00000
39.36
217342
11/20/2017
IRON MOUNTAIN
OFFSITE FILE STORAGE
901-40-410-51101-14310
504.43
217343
11/20/2017
ROSANNA MEDIA
HAWAIIAN DANCE CLASSES
501-60-000-22328-00000
273.00
217344
11/20/2017
ROYAL COACHES AUTO BODY
COLLISION DAMAGE REPAIRS
402-50-590-53100-00000
4,250.00
217345
11/20/2017
SOUTHERN CALIFORNIA EDIS
ENERGY COST
100-60-620-53401-15882
2,668.56
_
tl. :S5 Plll
_ ....... .....................----
--- ..... .................................. .--'_--l ------
............ -_ ......
... .......................
P'V o4 9
CHECK REGISTER
Payment Dates: 11/07/2017 -11/22/2017
Payment Number
Payment Date
Vendor Name
Description (Item)
Account Number
Amount
217346
11/20/2017
UNITED SITE SERVICES OF CA,
MISCELLANEOUS EQUIPMENT
100-60-610-53391-16144
1,815.00
217347
11/20/2017
VALLEY COUNTY WATER DIST
SERVICE FOR MCNEILL MANO
905-40-410-53402-14305
142.37
217348
11/20/2017
WASTE MANAGEMENT OF
TRASH SERVICE FOR MCNEILL
905-40-410-53405-14305
233.66
217349
11/20/2017
WRIGHT CONSTRUCTION ENG
MTD 1854 CORAK STORM DR
254-50-520-58100-14889
21,854.68
217350
11/21/2017
A-1 EVENT & PARTY RENTALS
RENTAL OF BEVERAGE
100-60-610-53391-16105
43.59
217350
11/21/2017
A-1 EVENT & PARTY RENTALS
RENTAL OF BEVERAGE
100-60-610-53391-16150
43.58
217351
11/21/2017
AAE INCORPORATED
CITY ENGINEERING SERVICES
100-40-000-42415-00000
5,960.00
217352
11/21/2017
BUSINESS CARD
HALLOWEEN LUNCHEON
100-25-299-53100-00000
768.55
217352
11/21/2017
BUSINESS CARD
FIRST AID SUPPLIES
100-60-610-53100-00000
92.18
217352
11/21/2017
BUSINESS CARD
TOO BOOTH
100-60-610-53100-16130
26.85
217352
11/21/2017
BUSINESS CARD
TILE PURCHASE
100-60-620-53100-00000
211.14
217352
11/21/2017
BUSINESS CARD
NETFLIX FEE
100-60-630-53330-00000
2.50
217352
11/21/2017
BUSINESS CARD
INTERNET SERVICES
100-60-660-53100-00000
188.98
217352
11/21/2017
BUSINESS CARD
NETFLIX FEE
100-60-660-53330-00000
2.49
217352
11/21/2017
BUSINESS CARD
NETFLIX FEE
100-60-670-53330-15100
2.50
217352
11/21/2017
BUSINESS CARD
PRINTING SERVICES
100-60-680-53320-00000
103.16
217352
11/21/2017
BUSINESS CARD
NETFLIX FEE
100-60-680-53330-00000
2.50
217352
11/21/2017
BUSINESS CARD
PRINTING SERVICES
230-60-610-53320-16148
639.43
217352
11/21/2017
BUSINESS CARD
M.CARRILLO 10/5-11/04/201
501-60-000-22329-00000
19.00
217352
11/21/2017
BUSINESS CARD
BACKGROUND CHECKS
501-60-000-22329-00000
38.00
217353
11/21/2017
BUSINESS CARD
PARKING FEE
100-10-110-53350-00000
15.00
217353
11/21/2017
BUSINESS CARD
CITY MANGERS MEETING
100-10-110-53350-00000
650.00
217353
11/21/2017
BUSINESS CARD
CITY MANAGERS MEETING
100-10-110-53350-00000
39.00
217354
11/21/2017
BUSINESS CARD
AMAZON - HP 4250 ROLLER
401-10-140-53390-00000
11.43
217354
11/21/2017
BUSINESS CARD
MARK HSU 10/5-11/04/17
401-10-140-53390-00000
23.57
217354
11/21/2017
BUSINESS CARD
AMAZON - VGA CONVERTER
401-10-140-53390-00000
31.96
217354
11/21/2017
BUSINESS CARD
AMAZON - DELL POWER SUPP
401-10-140-53390-00000
108.44
217355
11/21/2017
ALL CITY MANAGEMENT SERV
CROSSING GUARD SERVICES
100-30-390-51100-13200
10,819.49
217356
11/21/2017
ALLSTATE POLICE EQUIPMEN
UNIFORMS AND EQUIPMENT
100-30-310-53100-00000
273.76
217356
11/21/2017
ALLSTATE POLICE EQUIPMEN
UNIFORMS AND EQUIPMENT
100-30-310-53100-00000
182.32
217356
11/21/2017
ALLSTATE POLICE EQUIPMEN
UNIFORMS AND EQUIPMENT
100-30-310-53100-00000
566.11
217356
11/21/2017
ALLSTATE POLICE EQUIPMEN
UNIFORMS AND EQUIPMENT
100-30-310-53100-00000
213.53
217357
11/21/2017
ARROYO BACKGROUND INVES
BACKGROUND INVESTIGATIO
100-30-310-51100-00000
900.00
217358
11/21/2017
AT&T MOBILITY
SERVICE FOR FRAME RELAY Cl
100-30-310-53403-00000
123.32
217358
11/21/2017
AT&T MOBILITY
SERVICE FOR FRAME RELAY Cl
100-30-340-53403-00000
328.86
217359
11/21/2017
BURRO CANYON
SWAT TEAM PRACTICE SHOOT
205-30-310-51100-00000
10.00
217360
11/21/2017
CITY OF WEST COVINA
BOOKING OF FEMALE ARREST
100-30-310-51100-00000
450.00
217361
11/21/2017
COMMUNITY MEDIA OF
PEG CHANNEL SERVICES
270-10-140-51101-17510
2,441.66
217362
11/22/2017
ANA VALDIVIA
DEDUCTION
100-00-000-21225-00000
346.15
217363
11/22/2017
LYNDA C SALAS
DEDUCTION
100-00-000-21225-00000
450.00
217364
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
361.84
217365
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
131.53
217366
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
67.38
217367
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
617.08
217368
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
309.69
217369
11/22/2017
STATE DISBURSEMENT
DEDUCTION
100-00-000-21225-00000
398.30
217370
11/22/2017
TIME WARNER CABLE
INTERNET 10/11-11/10/2017
100-60-660-53100-00000
79.97
217371
11/22/2017
VEHICLE REGISTRATION COLL
DEDUCTION
100-00-000-21225-00000
923.90
217372
11/22/2017
AAE INCORPORATED
INTERIM BUILDING OFFICIAL
100-40-450-51100-00000
10,800.00
217373
11/22/2017
AT&T
PRIVATE PHONE LINE FOR DIS
100-30-310-53403-00000
50.31
217374
11/22/2017
FRONTIER COMMUNICATION
ACCOUNT #209-150-4860-05
100-30-310-53403-00000
112.85
217375
11/22/2017
FRONTIER COMMUNICATION
ACCOUNT #626-337-5795-03
100-30-310-53403-00000
124.70
217376
11/22/2017
OFFICE DEPOT INC
INVOICE #974485025001 DAT
100-30-340-53100-00000
86.46
217376
11/22/2017
OFFICE DEPOT INC
INVOICE #975138166001 DAT
100-30-340-53100-00000
25.94
217376
11/22/2017
OFFICE DEPOT INC
INVOICE #975138257001 DAT
100-30-340-53100-00000
98.01
217376
11/22/2017
OFFICE DEPOT INC
INVOICE #976294022001 DAT
100-30-340-53100-00000
238.69
217377
11/22/2017
PACIFIC COAST RACE TIMING
DITRIBUTION OF 5K RUN FLYE
501-60-000-22328-16146
980.00
217378
11/22/2017
RODOLFO CARDENAS
MUSIC FOR SENIOR BIRTHDAY
501-60-000-22328-00000
175.00
217378
11/22/2017
RODOLFO CARDENAS
MUSIC FOR SENIOR BIRTHDAY
501-60-000-22328-00000
175.00
217379
11/22/2017
TIME WARNER CABLE
ACCOUNT#8448 30 020 0466
100-30-310-53403-00000
262.47
CHECK REGISTER
Payment Dates: 11/07/2017 -11/22/2017
Payment Number
Payment Date
Vendor Name
Description (Item)
Account Number
Amount
217380
11/22/2017
TIME WARNER CABLE
INTERNET SERVICE
100-60-670-51101-15100
89.98
217381
11/22/2017
TIME WARNER CABLE
CABLE SERVICES FOR POLICE
100-30-310-53405-00000
171.32
217382
11/22/2017
TIME WARNER CABLE
TV SERVICES
100-60-670-51101-15100
2.49
217383
11/22/2017
TIME WARNER CABLE
INTERNET SERVICE
100-60-680-51100-00000
89.99
217384
11/22/2017
TROPHY WORLD
TROPHIES FOR ANNIVERSARY
230-60-610-51100-16148
1,221.40
217385
11/22/2017
VERIZON BUSINESS
INTERNET ACCESS FOR CITY
401-10-141-53403-11506
2,140.12
217386
11/22/2017
VERIZON WIRELESS
ACCOUNT #870914792-00002
100-30-310-53403-00000
2,431.81
217386
11/22/2017
VERIZON WIRELESS
SERVICE FOR CAPTAINS, LIEUT
206-30-310-53403-00000
273.26
217387
11/22/2017
YAKAR GENERAL CONTRACTO
CENTER MEDIAN LANDSCAPE
254-50-520-58100-15055
42,547.58
661,019.39
Grand Total: 661,019.39
I u./2 1,120 d i H 59.x"i ps44 pa c 6 0; ;iu
STAFF REPORT
HUB of 'cy
THE
k
TO:
ITEM NO.
Honorable Mayor and City Councilmembers
FROM: Shannon Yauchzee, Chief Executive Officer..
Laura J. Thomas, Human Resources/Risk Mana,..
DATE: December 6, 2017
SUBJECT: CLAIM REJECTION
SUMMARY
This report requests the City Council reject the Claims for Damages to person or property received for filing
against the City of Baldwin Park.
FISCAL IMPACT
Fiscal impact is unknown at this time.
RECOMMENDATION
Staff recommends that City Council reject the following claim and direct staff to send the appropriate notice of
rejection to claimant(s):
Garcia, David Claimant alleges he was attacked by a Baldwin Park Police
K9 while working at the car wash.
This government claim, and all government claims, should be considered as potential lawsuits in the future.
Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements,
whether public or private in nature. It is important that no statements be made so as to not prejudice this claim
in any way which can happen if public or private comments are made about this claim by City staff or
Councilmembers.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to
reject the claims by order of motion and that the claimants are sent written notification of said action.
LEGAL REVIEW
Any specific questions should be referred to the City Attorney.
ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the
Statute of Limitations to begin on the claims received.
MINUTES ITEM NO.
BALDWIN PARK FINANCE AUTHORITY
NOVEMBER 15, 2017, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 9:14 p.m..
ROLL CALL
Board Members respt:
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Ricardo Pacheco
Vice Chair Susan Rubio
Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Chair Lozano opened Public Communications at 9:14 p.m. and seeing no one wishing to
speak, Public Communications closed at 9:14 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT: AUGUST AND SEPTEMBER 2017
Staff recommends that the Board receive and file the August and September
2017 Treasurer's Reports.
A motion was made by Lozano, seconded by Garcia, and carried (5-.— 0)
to receive and file the Treasurer's Report.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:14 p.m.
Chair
ATTEST:
Secretary
APPROVED:
MINUTES
BALDWIN PARK HOUSING AUTHORITY
NOVEMBER 15, 2017,7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Chair Lozano at 9:14 p.m.
ROLL CALL
Board Members resent:
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Ricardo Pacheco
Vice Chair Susan Rubio
Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Chair Lozano opened Public Communications at 9:14 p.m. and seeing no one wishing to
speak, Public Communications closed at 9:14 p.m.
CONSENT CALENDAR
1. WARRANTS AND DEMANDS
Staff recommends that the Board ratify the Warrants and Demands.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0)
to receive and file the Warrants and Demands.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None
2. TREASURER'S REPORT: AUGUST AND SEPTEMBER 2017
Staff recommends that the Board receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0)
to receive and file the Treasurer's Report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:15 p.m.
Chair
ATTEST:
Secretary
Approved:
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
NOVEMBER 15, 2017, 5:30 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 5:35 p.m. by Mayor Lozano.
ROLL CALL
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 5:35 p.m.
Seeing no one wishing to speak, Public Communications closed at 5:35 p.m.
OPEN SESSION
1. CODE ENFORCEMENT REORGANIZATION
Presentation by Community Development Director Gus Romo regarding the organizational
status of the Code Enforcement Division
Lt. Chris Hofford began the presentation by narrating a PowerPoint presentation which
illustrated various statistics regarding the types of calls received by Code Enforcement,
the number of cases resolved and other relevant information; Community Development
Director Gus Romo spoke of various actions that could be taken to enhance the
relationship with the community and Code Enforcement; both staff members responded
to questions from Council.
Council expressed the desire for Code Enforcement to, among other things, move
forward with community outreach efforts and to re -implement the "Baldwin Park
Beautiful' program.
RECESS TO, CLOSED SESSION
2. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8:
Property: 14349 Pacific Avenue — APN #8553-011-902;
14349 Pacific Avenue — APN #8553-011-903;
4001 Maine Avenue — APN #8553-011-904; and
14349 Pacific Avenue — APN #8553-011-901
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: BP Development Partners I (aka Walbern Developments)
Under Negotiation: Disposition and Development Agreement
3,. PUBLIC EMPLOYEE APPOINTMENT (GC §54957):
Chief of Police
Special Meeting of 11/15/17 Page 1 of 4
4. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
e� desic natedrepresentatives: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
EMpjge iz ti i : General Unit of Maintenance Employees, SEIU Local 721; Police
Officer Association; Professional and Technical Employees Association; Clerical Employees
Association; Police Management Employees Association; Classified Confidential Employees
Association; Classified Management Employees Association
U rre r_ E__p _e J: City Planner; Housing Authority Manager; Community
Development Director; Human Resource Manager; Police Chief; Finance Director; Public
Works Director; Recreation and Community Services Director
5. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8:'
A. Property: 14551 Joanbridge Street
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Lih Ping Henry Liou, Baldwin Park TALE Corp.
Under Negotiation: Price and terms of payment
B. Property: 4145 Puente Street
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Edward Avakyan, Jenome Research
Under Negotiation: Price and terms of payment
C. Property: 1453 Virginia Avenue
Agency Negotiators Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC
Under Negotiation: Price and terms of payment
D. Property: 15480 Arrow Highway
Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Lynn Metrow and Todd Hill, Bud King's Weed Club
Under Negotiation: Price and terms of payment
E. Property: 418 Cloverleaf Drive, Units A and B
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Tina Honglin Guan, Lucky Medical Cannabis Development, Inc.
Under Negotiation: Price and terms of payment
F. Property: 14824 Ramona Boulevard
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Shaun Bershatski, RUKLI, Inc.
Under Negotiation: Price and terms of payment
G. Property: 428 Cloverleaf Drive
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Ming Hong Huang
Under Negotiation: Price and terms of payment
Special Meeting of 11/15/17 Page 2 of 4
H. Property: 5117 Calmview Avenue
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Victor Chavez and Helen Chau, Casa Verde Group
Under Negotiation: Price and terms of payment
I. Property: 13467 Dalewood Street
Agency Negotiators:, Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Darrin Oganesian and Ryan Oganesian, RD Baldwin Park
Under Negotiation: Price and terms of payment
J. Property: 14837 Ramona Boulevard and
14841 Ramona Boulevard
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Phil Reyes, Alexis Reyes, Lilia Cuervas and Maria Alarcon
Organic Management Solutions, LLC
Under Negotiation: Price and terms of payment
K. Property: 1453 Virginia Avenue, Suite "O"
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert
Tafoya, City Attorney
Negotiating Parties: Chris Coogan, Therapy Crafted Brands, LLC
Under Negotiation: Price and terms of payment
L. Property: 5148 Bleecker Street
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert
Tafoya, City Attorney
Negotiating Parties: Sergio Torres, Enrique Vega and Moses Acosta
Medical Grade Farms BP
Under Negotiation: Price and terms of payment
M. Property: 15023 Ramona Boulevard
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Shaun Szameit, Joshua Pierce and Kevin Huebner
Kultiv8 Group, LLC
Under Negotiation: Price and terms of payment
N. Property: 5010 Calmview Avenue
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Erika Villarruel, Baldwin Park Caregivers
Under Negotiation: Price and terms of payment
6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400
Case Name: Murillo v City of Baldwin Park Case No. 2:16 cv 05265 R (AJWX)
Case Name: Flores v City of Baldwin Park, et al Case No. BC658780
Special Meeting of 11/15/17 Page 3 of 4
7. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Three (3)
8. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8:
Property: 13100 Brooks Drive
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Joseph White, Becker Boards
Under Negotiation: Price and terms of payment
ADJOURNMENT
Mayor Lozano adjourned Closed Session at 7:10 p.m., noting that Council would reconvene to
Closed Session following the Regular Meeting.
RECONVENED TO CLOSED SESSION
Council reconvened Closed Session at 9:30 p.m.
ADJOURNMENT
There being no further business, Council adjourn the meeting at 11:01 p.m.
REPORT ON CLOSED SESSION
It was reported out of Closed Session that:
By a vote of 3 – 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that the
City would explore "mixed-use" development on the property across from City Hall, generally
located at the corner of Pacific Avenue and Maine Avenue.
By a vote of 3 – 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that
Michael Taylor would be hired as the Chief of Police for a period of one year.
By a vote of 5 – 0, Council directed the City Attorney to negotiate Development Agreements
with any applicant that submits for the Cannabis Business Permit.
Mayor
ATTEST:
City Clerk
APPROVED:
Special Meeting of 11/15/17 Page 4 of 4
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
NOVEMBER 15, 2017, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:10 p.m.
INVOCATION
The invocation was provided by Pastor Jackson and Pastor Flores.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano..
ROLL CALL
MEMBERS PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano stated that Council would be reconvening to Closed Session following the
Regular Meeting but that the following could be reported out of Closed Session:
By a vote of 3 — 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that the
City would explore "mixed-use" development on the property across from City Hall, generally
located at the corner of Pacific Avenue and Maine Avenue.
By a vote of 3 — 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that
Michael Taylor would be hired as the Chief of Police for a period of one year.
By a vote of 5 — 0, Council directed the City Attorney to negotiate Development Agreements
with any applicant that submits for the Cannabis Business Permit.
ANNOUNCEMENTS
Mayor Lozano congratulated Sandra Salcedo on her retirement, noting that she had been
employed with the City for over 35 years, and extended wishes for happiness and enjoyment.
Council member Baca asked that the meeting be closed in memory of her cousin and long-time
Baldwin Park resident, Raymond Ruiz, who passed last week; extended condolences to friends
and family.
Mayor Pro Tem Rubio commented on the successful and enjoyable Veterans Day Celebration,
and thanked Recreation and Community Services staff for putting together such a wonderful
event.
Council member Pacheco extended thanks to staff for the successful event and thanked
veterans for their service.
A representative for the American Legion Post 241 explained that the kitchen facility in the
American Legion building is in dire need of repairs and improvements; stated that the cost for
permits for the installation of a fire suppression unit is prohibitive and that the Legion is seeking
any assistance with waiving the permit fees.
Emer enc Itern Added
Mayor Lozano made a motion, seconded by Council member Baca, and carried (5 — 0) to
agendize the following:
Consideration of the waiver of permit fees for the installation of an exhaust fan in the
kitchen facility at the American Legion building located at 4725 Maine Avenue.
Mayor Lozano made a motion, seconded by Council member Baca, and carried
(5 — 0) to waive all permit fees for the installation of a fire suppression unit in the
kitchen facility at the American Legion Post 241 building located at 4725 Maine
Avenue.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
• Presentation of a Plaque in Recognition of 2017 Teacher of the Year Raquel Viramontes
Mayor Lozano presented Ms. Viramontes with a Plaque in recognition of her being
designated at the 2017 Teacher of the Year.
• Recognition of Annual Drug Take Back Day 2017 with Presentation by Lou Ortega,
Pharmacy Operations Manager, Kaiser Permanente Baldwin Park Medical Center.
Kaiser Permanente Pharmacy Operations Manager Lou Ortega spoke of the success of
the 2017 Drug Take Back Day, noting that over 500 pounds of medications were turned
in; thanked Council and the Community for participating and noted that this is a
tremendous help in disposing of harmful drugs.
• Presentation of Main Street Complete Project Update by Interim Public Works Director Sam
Gutierrez.
Interim Public Works Director Sam Gutierrez narrated a PowerPoint presentation and
responded to questions from Council.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:53 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Teri Muse, Baldwin Park resident, expressed support for the proposed street improvements and
the addition of bike lanes throughout the city but asked that attention be given to street lighting,
particularly around the Adult School and Performing Arts Center; noted that reduction in lanes
could. have a detrimental effect on ingress and egress at the Adult School,
Regular Meeting of 11/15/17 Page 2 of 13
LL an Rios, Baldwin Park resident, opined that it took far too long for the broken equipment at
Walnut Creek Nature Park to be repaired and noted that there are still items there that need
attention; stated that residents that use Barnes Park feel that the soccer leagues are taking over
the park and that there is a problem with drug use in the area.
Christina Larios, Baldwin Park Library Manager, announced some of the upcoming programs at
the library and encouraged the community to come enjoy story reading events.
Daniel Luevanos, representing One Legacy, extended an invitation to elected officials10 place a
rose on the One Legacy Rose Float that will be appearing in the 2018 Rose Parade; spoke of
the benefits and gift of life that organ donors provide to those in need.
Arturo Luna, Baldwin Park resident, commented on Item No. 13 on this evening's agenda,
noting that public hearings are useless and voice his objection to the sign ordinance.
Gre-q Tuttle, Baldwin Park business owner, stated that he has been approached by Cannabis
Business Permit applicants who told him that they are having to pay excessive amounts of
money for consideration; opined that certain people are trying to "line their pockets."
Seeing no others wishing to speak, Public Communications closed at 8:07 p.m.
Mayor Lozano commented on a meeting that was recently held at Baldwin Park High
School, at which Council was criticized for not being in attendance; noted that Council had
not been invited to the meeting in question and that the subject matter pertained to matters
under the School District's jurisdiction, not that of City Council.
CONSENT CALENDAR
Council pulled Item Nos. 6, 10, 11 and 12 from Consent Calendar for further discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify
the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
2. TREASURER'S REPORT — AUGUST AND SEPTEMBER 2017
Staff recommends that Council receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
receive and file the Treasurer's Reports.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Regular Meeting of 11/15/17 Page 3 of 13
3. REJECTION OF CLAIMS
Staff recommends that Council reject the following claim(s) and direct staff to send
appropriate notice of rejection to claimant(s):
Martinez, Desiree Claimant alleges the police department
caused damage to her front door been
injured.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to reject
the claims and direct staff to send appropriate notice of rejection to claimants.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
4. APPROVAL OF MEETING MINUTES
Receive and file:
A. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City
Council Meetings held on October 18, 2017.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
receive and file the minutes.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
5. APPROVE A RESOLUTION REVISING THE CITY OF BALDWIN PARK SALARY
MATRIX TO REFLECT THE INCREASE IN THE STATE MINIMUM WAGE EFFECTIVE
JANUARY 1, 2018
Staff recommends that Council approve Resolution No. 2017-205 to update the salary
ranges and steps for part-time employees to comply with the California minimum wage
increase effective January 1, 2018, and direct the Executive Team to place incumbent
part-time employees into the closest salary step for their position in the new schedule that
does not result in a decreased hourly rate for the employee..
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
approve Resolution No. 2017-205 to update the salary ranges and steps for part-
time employees to comply with the California minimum wage increase effective
January 1, 2018, and direct the Executive Team to place incumbent part-time
employees into the closest salary step for their position in the new schedule that
does not result in a decreased hourly rate for the employee.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
6.. SELECTION AND APPROVAL OF BUILDING OFFICIAL AND BUILDING PLAN CHECK
SERVICES PROPOSAL
Staff recommends that Council approve the selection of Infrastructure Engineers and
direct staff and the City Attorney to negotiate and prepare a contract for Building Official
and Building Plan Check Services, and authorize the Mayor to sign the resulting contract.
Council member Baca asked that Community Development Director Gus Romo
Regular Meeting of 11/15/17 Page 4 of 13
provide clarification as to the difference between the Wildan proposal and the
Infrastructures proposal, noting that it appears that service and costs illustrated are
not aligned to provide accurate comparison.
Mayor Pro Tem Rubio also expressed concern about the lack of unity in the data
presented for comparison; opined that the matrix lacks clarity.
Council member Pacheco commended staff on the content of the staff report, stating
that the notations provide the additional information needed to understand the
content.
Council member Baca made a motion, seconded by Mayor Pro Tem Rubio, to
bring this item back to Council in January 2018 to allow time for staff to provide
more details on the two proposals and for Council to further consider the two
firms. Council member Pacheco voice objection.
Council member Garcia mad a substitute motion that Council approve the
selection of Infrastructure Engineers and direct staff and the City Attorney to
negotiate and prepare a contract for Building Official and Building Plan Check
Services, and authorize the Mayor to sign the resulting contract. Council
member Pacheco seconded the motion and Council member Baca voiced
objection.
With that objection, Mayor Lozano directed the City Clerk to conduct a roll call
vote. The results of the roll call were as follows:
Baca: No
Garcia: Yes
Lozano: Yes
Pacheco: Yes
Rubio: No
The motion made by Garcia, seconded by Pacheco, carried by a 3 — 2 vote
(Council member Baca and Mayor Pro Tem Rubio voting no) to approve the
selection of Infrastructure Engineers and direct staff and the City Attorney to
negotiate and prepare a contract for Building Official and Building Plan Check
Services, and authorize the Mayor to sign the resulting contract.
AYES:
Garcia, Lozano, Pacheco
NOES:
Baca, Rubio
ABSENT:
None.
ABSTAIN:
None.
7. ACCEPT AND APPROVE ADDITIONAL MAINTANANCE WORK TO PAINT INTERIOR
WALLS AND RE -PLASTER SWIMMING POOL AT THE MORGAN PARK AQUATIC
CENTER FACILITY AND RE -APPROPRIATE QUIMBY FEE FUNDS TO CITY PROJECT
NO. 2016-0135 TO COVER THE COST OF THE WORK
Staff recommends that Council:
1. Accept and approve the additional maintenance work to be performed by Lucas
Builders, Inc., in the amount of $88,550 and authorize the Mayor to approve the
additional work and;
2. Authorize the Director of Finance to re -appropriate CIP No. 86 for $50,000 from Acct
#234-60-620-58100-16211 to Acct #234-60-620-58100-16200 and CIP No. 87 for
$22,000 from Acct #234-60-620-58100-16212 to Acct #234-60-620-58100-16200.
Regular Meeting of 11/15/17 Page 5 of 13
A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to:
1. Accept and approve the additional maintenance work to be performed by
Lucas Builders, Inc., in the amount of $88,550 and authorize the Mayor to
approve the additional work and;
2. Authorize the Director of Finance to re -appropriate CIP No. 86 for $50,000
from Acct #234-60-620-58100-16211 to Acct #234-60-620-58100-16200 and
CIP No. 87 for $22,000 from Acct #234-60-620-58100-16212 to Acct #234-
60-620-58100-16200.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
8. NOTICE OF COMPLETION FOR CITY PROJECT NO. 2017-0185 ALLEY WAYS
STREET IMPROVEMENTS PROJECT VARIOUS LOCATIONS CITY WIDE
Staff recommends that Council:
1. Accept the construction improvements by Gentry Brothers, Inc., and authorize the
recordation of a Notice of Completion; and
2. Authorize the payment of $13,334.75 in retention funds to Gentry Brothers, Inc., upon
the expiration of the 35 -day notice period.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to:
1. Accept the construction improvements by Gentry Brothers, Inc., and
authorize the recordation of a Notice of Completion; and
2. Authorize the payment of $13,334.75 in retention funds to Gentry Brothers,
Inc., upon the expiration of the 35 -day notice period.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
9. NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0165 CENTER MEDIAN
LANDSCAPE IMPROVEMENTS CIP PROJECT NO. 23
Staff recommends that Council:
1. Accept the construction Improvements by Yakar General Contractors, Inc., and
authorize the recordation of a Notice of Completion with the Los Angeles County
Recorder's Office; and
2. Authorize payment of $85,095.12 (5%) construction retention funds to Yakar General
Contractors, Inc., upon expiration of the 35 day lien period.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to:
1. Accept the construction Improvements by Yakar General Contractors, Inc.,
and authorize the recordation of a Notice of Completion with the Los Angeles
County Recorder's Office; and
2. Authorize payment of $85,095.12 (5%) construction retention funds to Yakar
General Contractors, Inc., upon expiration of the 35 day lien period.
Regular Meeting of 11/15/17 Page 6 of 13
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
10. REQUEST FOR APPROVAL OF UPDATES TO POLICE AND PUBLIC WORKS
.DEPARTMENTS RADIO SYSTEMS
Staff recommends that Council:
1. Waive the formal bidding process for the purchase of new radio equipment pursuant to
§34.23 (B) of the Baldwin Park Municipal Code; and
2. Authorize the Police Department to work in conjunction with the Public Works
Department to purchase the new equipment; and
3. Authorize the Finance Director to complete a budget amendment for amounts not to
exceed the following:
A. $214,579 from account #240.50.520.58110.13020
B. $200,000 from account #206.30.340.58110.00000
C. $150,000 from account #271.30.350.58110.13020
D. $ 79,157 from account #205.30.340.58110.13020
E. $ 24,000 from account #205.30.340.51101.13020
F. $ 12,000 from account #240.50.520.51101.13020
and designate $679,736.00 for the restricted purchase and installation of new radio
equipment, the upgrading of existing radio equipment, and Joint Powers. Authority
membership costs; and,
4. Authorize the Chief of Police and Director of Public Works, or their designees, to
complete all appropriate documentation to complete the purchase of new equipment,
the upgrading of existing equipment, and Joint Powers Authority membership
documentation and fee payment.
Council member Baca asked for clarification regarding the costs associated with this
item since it is not in alignment with what was presented during the budget
presentation earlier in the year; expressed concern about waiver of competitive
bidding for the equipment and noted that she would like staff to provide a copy of the
contract and the referenced Joint Powers Authority (JPA) agreement; suggested that
staff provide additional information and bring this item back to Council for
consideration at the second meeting in December.
Mayor Pro Tem expressed concern that staff report language can be too vague and
the lack of back up documents can make it difficult to make informed decisions;
asked Chief Executive Officer Yauchzee to direct staff to include as. standard
practice back up materials, including all pertinent contracts and related materials.
Council member Baca made a motion, seconded by Mayor Pro Tem Rubio, to
bring this item back to allow time for staff to provide and Council to review a copy
of the JPA.
Council member Pacheco asked that staff address some of the concerns prior to
moving forward with the final vote.
Police Chief Taylor explained that the current system is antiquated and replacement
parts are manufactured or unavailable; noted that the original estimate of $450,000
as was presented during budget hearings did not include the cost of joining the
Regular Meeting of 11/15/17 Page 7 of 13
11.
associated JPA; also pointed out that the [new] costs quote will include the additional
purchase of radio equipment for Public Works and for the expanded service; pointed
out that the project was unexpectedly set aside earlier in the year due to extenuating
circumstances and that time is of the essence because the current quote will expire
at the end of November.
Lt. Chris Hofford narrated a PowerPoint presentation, noting that the City's current
radio system (both that of the Police Department and Public Works Department) is
outdated and has limited range; briefly explained the JPA membership, pointed to
other cities that current participants and added that there will be a significant
expansion of radio range by joining the JPA.
Chief Taylor responded to addition questions from Council member Baca regarding
the cost and funding allocations for the initial membership to the JPA and for
maintenance costs going forward.
A motion was made by Garcia, seconded by Pacheco, and carried (4 — 1;
Council member Baca voting no) to:
1. Waive the formal bidding process for the purchase of new radio equipment
pursuant to §34.23 (B) of the Baldwin Park Municipal Code; and
2. Authorize the Police Department to work in conjunction with the Public Works
Department to purchase the new equipment; and
3. Authorize the Finance Director to complete a budget amendment for amounts
not to exceed the following:
G. $214,579 from account #240.50.520.58110.13020
H. $200,000 from account #206.30.340.58110.00000
I. $150,000 from account #271.30.350.58110.13020
J. $ 79,157 from account #205.30.340.58110.13020
K. $ 24,000 from account #205.30.340.51101.13020
L. $ 12,000 from account #240.50.520.51101.13020
and designate $679,736.00 for the restricted purchase and installation of new
radio equipment, the upgrading of existing radio equipment, and Joint Powers
Authority membership costs; and,
4. Authorize the Chief of Police and Director of Public Works, or their designees,
to complete all appropriate documentation to complete the purchase of
new equipment, the upgrading of existing equipment, and Joint Powers
Authority membership documentation and fee payment.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
APPROVAL OF EMPLOYMENT CONTRACT WITH MICHAEL TAYLOR FOR THE
POSITION OF CHIEF OF POLICE
Staff recommends that Council approve the
the Position of Chief of Police.
Employment Contract with Michael Taylor for
Council member Baca expressed her supports the appointment of Michael Taylor as
the Chief of Police, but voiced concern regarding the current financial position of the
City and the long term costs associated with approval of this contract; noted that the
Regular Meeting of 11/15/17 Page 8 of 13
City is in the middle of labor negotiations and is concerned about the impact the
financial commitment of this contract will have.
Mayor Pro Tem Rubio also voice her support for appointing Mr. Taylor to the position
but is concerned because the Chief of Police position was previously an "at will'
position and this new contract eliminates that clause; fears that the salary being
agreed upon is distorted in relation to other executive positions; feels that -this could
create an issue with bring other salaries into alignment.
Council member Garcia stated for the record that, given the options today, she
believes that the additional $15,000 cost to the City will provide stability for a year in
a position in light of the turn -over of the position has recently experienced.
Council member Pacheco made a motion, seconded by Council member Garcia,
to approve the Employment Contract. Mayor Pro Tem Rubio voiced objection.
With that objection, Mayor Lozano directed the City Clerk to conduct• a roll call
vote. The results of the roll call were as follows:
Baca: No
Garcia: Yes
Lozano: Yes
Pacheco: Yes
Rubio: No
A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2) to
approve the Employment Contract with Michael Taylor for the Position of Chief of
Police.
AYES: Garcia, Lozano, Pacheco
NOES: Baca, Rubio
ABSENT: None.
ABSTAIN: None.
12. AUTHORIZE THE DIRECTION TO PROCEED WITH THE COMPLETION OF PLANS
AND SPECIFICATIONS FOR THE BIDDING AND CONSTRUCTION OF THE CIVIC
CENTER PLAZA PROJECT
Staff recommends that Council:
1. Direct the Director of Public Works to proceed with the completion of the plans and
specifications for the bidding and construction of the Civic Center Plaza Project; and
2. Authorize the Director of Finance to make the necessary transfers and adjustments.
3. Direct staff to bring back reports that identify funds to complete the construction of this
project.
Mayor Pro Tem Rubio stated that this item being proposed for removal was placed
on the agenda because the Exclusive Negotiation Agreement associated with that
property had expired and this item was to consider moving forward with development
of a civic center plaza, carrying forward with work previously performed on
preparation of plans and specifications.
Council member Pacheco made a motion, seconded by Council member Garcia,
to remove this item from the agenda without future consideration. Mayor Pro
Tem Rubio voiced objection.
With that objection, Mayor Lozano directed the City Clerk to conduct a roll call
Regular Meeting of 11/15/17 Page 9 of 13
vote. The results of the roll call were as follows:
Baca: No
Garcia: Yes
Lozano: Yes
Pacheco: Yes
Rubio: No
A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2;
Council member Baca and Mayor Pro Tem Rubio voting no) to remove this item
from the agenda given the decision made during Closed Session to explore
"mixed-use" development on the property across from City Hall, generally located
at the corner of Pacific Avenue and Maine Avenue.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Council member Pacheco explained that his motion to remove this item was based
on the County's Park Assessment which did not identify this site as a recommended
location for a park; opined that the funds and grant monies would be better used in
other parts of the city; noted that the City has suggested working with the School
District to identify sites and that other firms may be invited to consider development
of this site.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT
COMMISSION
CONSENT CALENDAR
SA -1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
ratify the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
SA -2 TREASURER'S REPORT — AUGUST AND SEPTEMBER 2017
Staff recommends that Council receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
receive and file the Treasurer's Reports.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Regular Meeting of 11/15/17 Page 10 of 13
PUBLIC HEARING
13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE
AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 153.170 (SIGN
REGULATIONS) INCLUDING AMENDMENT TO THE FOLLOWING SECTIONS:
153.170.040 (EXEMPT SIGNS), 153.170.060 (TEMPORARY SIGNS), 153.210.090.A
(APPLICATION PROCESSING AND 153.210.265 (TIME FOR DETERMINATION) AND
153.220.200 (DEFINITIONS), TABLE 153.170.080; AND THE DELETION OF SECTIONS
153.170.040.C.2.3 AND 153.170.040.C.2.4 (FLAGS NEAR HOLIDAYS AND
ELECTIONS) PURSUANT TO SECTION 153.210 PART 15 OF THE CITY'S MUNICIPAL
CODE (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE
NUMBER: AZC-187)
Staff recommends that the Council conduct a Public Hearing and, thereafter, waive the
reading and adopt by title only Urgency Ordinance No. 1402 entitled, "An Urgency
Ordinance of the City Council of the City of Baldwin Park California, Amending the
Municipal Code Subchapter 153.170 — Sign Regulations"
Mayor Lozano opened the public hearing at 9:03 p.m. and invited those wishing to speak
in opposition to the item to come forward and be heard.
Seeing no one wishing to speak in opposition, the Mayor invited those wishing to speak
in support of the item to come forward and be heard.
Seeing no one come forward, Mayor Lozano closed the public hearing at 9:03 p.m.
A motion was made by Pacheco, seconded by Garcia, and carried (5 — 0) to
waive the reading and adopt by title only Urgency Ordinance No. 1402 entitled,
"An Urgency Ordinance of the City Council of the City of Baldwin Park California,
Amending the Municipal Code Subchapter 153.170 — Sign Regulations"
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
REPORTS OF OFFICERS
14. CALIFORNIA CONTRACT CITIES ASSOCIATION MEMBERSHIP AND DELEGATES
Staff recommends that Council approve joining CCCA, appoint a delegate and an
alternate, and adopt Resolution No. 2017-207 entitled, "A Resolution of the City Council of
the City of Baldwin Park, California, Appointing Representatives and Alternates to the
California Contract Cities Association (CCCA) as Official Representatives of the City.
Following Council discussion, Council member Garcia was selected as the
representative and Mayor Pro Tem Rubio was selected as the alternate.
A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to
approve joining CCCA, appoint Council member Monica Garcia as delegate and
Mayor Pro Tem Susan Rubio as alternate, and adopt Resolution No. 2017-207
entitled, "A Resolution of the City Council of the City of Baldwin Park, California,
Appointing Representatives and Alternates to the California Contract Cities
Association (CCCA) as Official Representatives of the City."
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Regular Meeting of 11/15/17 Page 11 of 13
15. REVIEW OF APPLICATIONS AND CONSIDERATION OF APPOINTMENT FOR THE
VACANT SEATS ON THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK
Staff recommends that Council review the submitted Commission application(s), accept
nominations, authorize staff to initiate the appropriate background checks through the
Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ,
appoint individuals to the respective City Commissions and adopt Resolution No. 2017-
166, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park Appointing
Qualified Individuals To The Housing Commission Of The City Of Baldwin Park For Office
Seat Numbers 1, 2, 3, 4, 5, 6 And 7."
Mayor Lozano requested that this item be held over until the next Regular
Council meeting.
16. REVIEW OF APPLICATIONS AND CONSIDERATION OF APPOINTMENT FOR THE
VACANT SEATS ON THE RECREATION AND COMMUNITY SERVICES COMMISSION
OF THE CITY OF BALDWIN PARK
Staff recommends that Council review the submitted Commission application(s), accept
nominations, authorize staff to initiate the appropriate background checks through the
Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ,
appoint individuals to the respective City Commissions and adopt Resolution No. 2017-
199, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park Appointing
Qualified Individuals To The Recreation and Community Services Commission Of The City
Of Baldwin Park For Office Seat Numbers 1 And 2."
Mayor Lozano nominated incumbents Jean Ayala and Deanna Roles to Office Seats 1
and 2, respectively, and nominated Alejandra Cervantes to recently vacated Office Seat
3. Office Seat 3 was vacated when the Chris Saenz was selected to serve on the
Planning Commission.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to and
adopt the revised Resolution No. 2017-199, entitled, "A Resolution Of The City
Council Of The City Of Baldwin Park Appointing Qualified Individuals To The
Recreation and Community Services Commission Of The City Of Baldwin Park
For Office Seat Numbers 1, 2 and 3."
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Mayor Pro Tem Rubio for discussion and consideration:
Mayor Pro Tem Rubio is requesting that Council consider a new ordinance that would
provide for equality to women on the City Boards and commissions. The suggested
ordinance would include language which provides an equal number of board and
commission positions for men and women.
Mayor Pro Tem Rubio would like to propose that an ordinance be introduced that
would provide for an equal number of male and female representatives on the City
Commissions and Committees whenever possible.
Regular Meeting of 11/15/17 Page 12 of 13
ADJOURNMENT
There being no other business to discuss, and
motion was made by Lozano, seconded by Garcia,
ATTEST:
Alejandra Avila, City Clerk
ITT:7UY61VA:I
all other matters having been addressed, a
to adjourn the meeting at 9:13 p.m.
Mayor
Manuel Lozano, Mayor
Regular Meeting of 11/15/17 Page 13 of 13
ITEM NO.
S Ali F REPORT
TO: Honorable Mayor and Council
HUB ray FROMOF 4
: Shannon Yauchzee, Chief Executive Officer
DATE: December 6, 2017
L �Ey A SUBJECT: DESIGNATE REPRESENTATIVES AND ALTERNATES AS
,�tb JAS OFFICIAL REPRESENTATIVES OF THE CITY AS MEMBERS OF THE
GOVERNING BOARD OF THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY (ICRMA)
SUMMARY
This report is to request that City Council designate representatives and alternates as official representatives of
the City as members of the governing board of the Independent Cities Risk Management Authority (ICRMA).
FISCAL IMPACT
None by,this action.
'RECOMMENDATION
Staff recommends that Council:
1. Reappoint Council member Ricardo Pacheco as Representative, appoint Chief Executive Officer
Shannon Yauchzee as Alternate, and appoint Human Resource -Risk Manager Laura Thomas as
Substitute Alternate as representatives of the City of Baldwin Park on the Governing Board of the
Independent Cities Risk Management Authority (ICRMA); and
2. Approve Resolution No. 2017-208, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND
ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AS MEMBERS OF THE
GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
(ICRMA)."
LEGAL REVIEW
The City Attorney has reviewed and approved this Resolution.
BACKGROUND
The ICRMA requires that the primary representative be an elected official and that the alternate and substitute
alternate may be members of staff.
Currently, Council member Ricardo Pacheco is designated as the primary ICRMA Representative with Mayor
Manual Lozano designated as the Alternate and Chief Executive Officer Shannon Yauchzee as the Substitute
Alternate. Traditionally, one of the City's alternate representatives would be the Human Resource -Risk
Manager, however this position has been vacant for several months and was only recently filled.
Since the ICRMA is directly related to and has impact on Risk Management matter within the City, staff is
recommending that Chief Executive Officer be designated as the Alternate and the new Human Resource -Risk
Manager be designated as the Substitute Alternate.
ALTERNATIVES
The City Council may choose to 1) change the appointments to all positions, or 2) make no changes at this time,
ATTACHMENT
#1 — Resolution No. 2017-208
RESOLUTION NO. 2017-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES
AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE
CITY AS MEMBERS OF THE GOVERNING BOARD OF THE
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)
The City Council of the City of Baldwin Park, California, does hereby resolve as
follows:.
WHEREAS, it is the Council's desire to review and/or amend the existing
appointments; and
WHEREAS, it is the Council's desire to amend the representative and alternate
members of the Independent Cities Risk Management Authority (ICRMA) as approved and
adopted in Resolution No. 2016-127; and
WHEREAS, all other appointments identified in Resolution No. 2016-127 as
adopted August 3, 2016, shall remain unchanged.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Baldwin Park does hereby appoint the
following persons as its representative, alternate and substitute alternate representative to
the Governing Board of the Independent Cities Risk Management Authority (ICRMA) —
2nd Thursday, bi-monthly at various locations
(MEMBERS RECEIVE A STIPEND — NO)
Existing Appointees New Appointees
presentative: Cour
cilmember Ricardo Pacheco Councilmember Ricardo Pacheco
((Must be Elected Official _
Alternate:. . ._�.. Mayor Manuel L...� __�.. .em.... _.� ...�._�. _�.....
ozano Chief Executive Officer
(May be staff
Substitute Alternate:
Chief Executive Officer Human Resources/Risk g
Manaer ✓r
(Mav be staff member) Shannon Yauchzee Laura Thomas
Section 2. That the City Clerk shall certify to the adoption of this Resolution and
shall forward copies hereof to said committees and organizations.
APPROVED and ADOPTED this 6t" day of December, 2017,.
MANUEL LOZANO
MAYOR
Resolution No. 2017-208
Page 2
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 No. 2017-208 was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at a regular meeting held December 6, 2017 by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALEJANDRA AVILA
CITY CLERK
ITEM NO. (D
STAFF E�PORT
"`'"' TO: Honorable Mayor and City Councilmembers
HU6 or
rr1 �vo FROM: Shannon Yauchzee, Chief Executive Officer
SAV GABRIE� DATE: December 6, 2017
VALLEY "
' SUBJECT: APPROVE AND ADOPT A RESOLUTION APPROVING THE 4TH
AMENDMENT TO THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS' (SGVCOG) JOINT POWERS AGREEMENT (JPA)
SUMMARY
This report seeks City Council consideration and approval of a Resolution approving the 41h Amendment to the
San Gabriel Valley Council of Governments' (SGVCOG) Joint Powers Agreement (JPA).
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
It is recommended that the City Council approve and adopt Resolution 2017-216, entitled "Resolution of the
City Council of the City of the City of Baldwin Park, California, Approving the Fourth Amendment to the San
Gabriel Valley Council Of Governments Joint Powers Authority Agreement," approving the 4th Amendment to
the San Gabriel Valley Council of Governments' (SGVCOG) Joint Powers Agreement (JPA).
BACKGROUND
The Alameda Corridor -East Construction Authority (ACE) was created by the San Gabriel Valley Council of
Governments (SGVCOG) in 1998 as a subsidiary of the SGVCOG, with a narrow mission to address the traffic
congestion caused by the expansion of freight rail traffic from the Ports of Los Angeles and Long Beach. For
the past 18 years, ACE has had great success in securing more than $1.6 billion in funding to construct grade
separations to facilitate freight railroad movement through the southern portion of the San Gabriel Valley.
With the passage of Measure M, Measure A and SB 1, there is extensive opportunity for the SGVCOG to assist
with the planning, design, and construction of numerous large capital projects across the San Gabriel Valley.
The expertise and excellent reputation of the ACE organization presented an opportunity to address an
expanded and new scope of projects.
As part of its Strategic Planning process in early 2016, the SGVCOG Governing Board identified the need to
conduct an assessment regarding the future of ACE and the role of the SGVCOG in planning, funding, and
constructing large capital projects.
After extensive discussion and review, the SGVCOG Governing Board approved the full integration of ACE
into the SGVCOG to accomplish the following objectives:
• Restructure ACE so it will be an ongoing operation as a division of SGVCOG and not expire at the end
of its mission (currently estimated to be in FY 2022-23).
• Expand the jurisdiction of ACE as a construction and projects entity that can serve all of the San Gabriel
Valley.
SGVCOG JPA 4th Amendment
Page 2
December 6, 2017
Restructure the ACE Board so that it has representation from the entire San Gabriel Valley and revise its role so
it is no longer a separate Board with management control over ACE but instead will be a standing committee
advisory to the Governing Board regarding the ACE operation.
• Integrate SGVCOG and ACE staff under a single personnel system reporting to the Executive Director
of SGVCOG.
In undertaking any projects, the SGVCOG has adopted the following guiding principles;
Threshold Criteria & Member Benefit
• SGVCOG action will result in a measurable benefit to the region and member cities and/or non -action
will result in a measurable disadvantage or loss to the San Gabriel Valley region.
• Collaborative relationships with impacted communities, L.A. Metro, Caltrans, L.A. County and/or other
entities are explored before SGVCOG acts to plan or implement a program or project.
• Majority support from SGVCOG members is secured before a major program or project is undertaken.)
Liability & Risk
• Structures are in place, including proper insurance and indemnification, to ensure there is no financial
exposure or increased legal liability to member cities as a result of SGVCOG taking action.
• Agreements have been defined for long term ownership and maintenance by a responsible entity of the
completed project.
Financial Impact
• SGVCOG may pursue funding for planning activities that may or may not result in programs or projects,
but could fund staff costs.
• SGVCOG will not proceed with a program or project without securing all funding sources necessary to
complete the phase.
Member agencies may volunteer to fund a program, project, or study through an assessment in which
only the participating members benefit from the work.
• SGVCOG may secure short term financing to fund start-up costs or accelerate a program or project with
approval of a majority of SGVCOG members.
Legal Authority & Project Oversight
• Action will conform to SGVCOG's existing legal authority. If it does not, all legal risks and changes to
authority will be identified before taking action.
Oversight may be performed by a new organization created by SGVCOG that could plan, program or
implement projects in the San Gabriel Valley, and the SGVCOG might enter into agreements with this
organization for the completion of those programs or projects.
Preliminary concept planning is considered part of normal administration as part of assembling information for the SGVCOG
Governing Board to consider as part of their review and approval of a program or project.
SGVCOG JPA 4th Amendment
Page 3
December 6, 2017
A first step in this integration process is the revision of the SGVCOG JPA and bylaws. Any revision of the JPA
requires the approval of the governing bodies of a majority of the member agencies. The bylaws are revised by
the SGVCOG Governing Board. The SGVCOG Governing Board approved the revised JPA on October 19,
2017, and directed staff to distribute the JPA to all member agencies for adoption. Aside from minor
modifications for clarification, the primary revisions to the JPA are as follows:
• Expands the jurisdiction of the SGVCOG's construction scope to include projects anywhere in the San
Gabriel Valley;
Modify all references to the ACE Construction Authority to instead reference Capital Projects and
Construction Committee (Committee); and
• Strike all details regarding the operations and authority of the Committee with all of that information
being moved to the SGVCOG bylaws.
BENEFITS OF MEMBERSHIP
Our agency benefits in numerous ways from participating in the SGVCOG. The SGVCOG serves as a unified
voice representing the cities in the San Gabriel Valley on County, regional and statewide level. The most recent
update to the SGVCOG's Strategic Plan identified the following priority areas:
• Large Capital Transportation Projects
• Active Transportation (i.e. Bicycle and Pedestrian Improvements)
• Storm Water
• Homelessness
• Legislative Advocacy
Recent accomplishments related to those issues include the following:
• Secured a $4.5 million grant from the California Transportation Commission to implement a regional
bike share program.
• Supported cities' applications to develop city -level homelessness plans, resulting in a total of $890,000
being awarded to 23 participating cities.
• In partnership with 10 cities, awarded $798,000 in funding for five projects submitted under SCAG's
Sustainability Planning Grant program (i.e. Greenway Network Feasibility Plan; Arrow Highway
Demonstration Project; Bike Friendly Business District - El Monte/South El Monte; Bike Friendly
Business District - Baldwin Park; and Ramona Boulevard Complete Streets - El Monte).
• Awarded $594,000 by Metro for the Open Street event in partnership with cities of San Dimas, Pomona,
La Verne, and Claremont.
• Initiated ATP Cycle 1 Grant to undertake the Greenway Network Feasibility Study, which will complete
the Greenway Network Feasibility Study and Active Transportation Plans for five cities (Glendora,
Monrovia, La Puente, Irwindale and Montebello), provide educational workshops, and develop a
wayfinding/signage coordination plan.
• Secured $1.36 million for Greenway Network projects in the cities of Baldwin Park and West Covina,
which will design and develop bicycle and pedestrian paths along the existing flood control channel.
SGVCOG JPA 4th Amendment
Page 4
December 6, 2017
• Working with the San Gabriel Energy Wise Partnership, San Gabriel Valley cities have achieved over
5.1 million kWh in municipal energy savings and $1.2 million in cash incentive payments over the past
five years.
• Supported passage of Measure A, which will provide over $92.7 million annually for open space and
trail projects including the SGV Greenway Network.
• Developed a Storm Water Policy and Legislative Platform that was adopted by the Governing Board
which resulted in five initiatives from the SGVCOG Legislative Platform being introduced in 2017 as
follows:
• AB 1180 (Holden): Creates a new tire fee to address storm water pollution
• SB 589 (Hernandez): Adopts Financial Capability Analysis (FCA) as a component of Municipal
Separate Sewer Storm Water System (MS4) permits
• SB 541 (Allen): Addresses school construction water capture design standards
• SB 633 (Portantino): Allows use of existing infrastructure to convey storm water for capture and
infiltration
Ultimately, SB 541 (Allen) was signed into law in October 2017.
• Supported Measure H which will provide over $3.55 million annually over the next 10 years for
homeless services.
• Supported passage of Measure M, which will provide over $3.3 billion in funding to San Gabriel Valley
over next 40 years.
• Working with Gateway COG, secured $34 million in funding for the environmental and final project
approval phases of the 605/60 improvement project.
Additionally, participation in the SGVCOG is critical because the COG will be directly responsible for
programming $1.48 billion in Measure M funding for various transportation programs as follows:
• Active Transportation / Greenway Network ($231 million)
• Bus System Improvement ($55 million)
• First/last Mile and Complete Streets ($198 million)
• Highway Demand ($231 million)
• Goods Movement ($33 million)
• Highway Efficiency ($534 million)
• Sub -regional Equity Funds ($199 million)
LEGAL REVIEW
Reviewed not required for this item.
ALTERNATIVES
The City Council may choose not to support this Resolution.
ATTACHMENTS
#I — Resolution No. 2017-216
#2-4 1h Amendment to the SGVCOG JPA
Attachment #1
RESOLUTION NO. 2017-216
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE CITY OF BALDWIN PARK, CALIFORNIA,
APPROVING THE FOURTH AMENDMENT TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS
JOINT POWERS AUTHORITY AGREEMENT
WHEREAS, the San Gabriel Valley Council of Governments (the "SGVCOG") is
a Joint Powers Authority, which was established pursuant to Chapter 5 of Division 7,
Title 1 of the Government Code of the State of California (Sections 6500, et seq.); and
WHEREAS, the City of City of Baldwin Park is one of the member agencies of
the SGVCOG; and
WHEREAS, the SGVCOG is currently governed by the Third Amended and
Restated Joint Exercise of Powers Agreement, effective March 12, 2007, which was
entered into, and modified from time to time, by its public entity members (the
"Agreement"); and
WHEREAS, the City Council desires to approve modifications to the Agreement,
as adopted by the Council of Government's Governing Board, in order to revise the
structure of the Council and extend the role of the Council in developing and constructing
projects in the San Gabriel Valley, and to restructure and integrate the Alameda Corridor
East Construction Authority ("ACE Construction Authority"), as well as to clarify
member tort liability and indemnification obligations of member agencies under the
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Baldwin Park as follows:
Section 1. The City Council adopts, ratifies, and approves the modifications to
the Agreement, namely the Fourth Amended and Restated Joint Exercise of Powers
Agreement, approved by the Governing Board of the Council on October 19, 2017,
relating to the extension of the Council of Government's role in developing and
constructing projects throughout the San Gabriel Valley, to establish the Capital Projects
and Construction Committee, and to clarify the agreement regarding tort liability and
indemnification of member agencies, which Amendment is attached hereto and
incorporated herein by reference;
�e t�ioii 2. The City Council expressly states its intent that the City not be
responsible for the debts, liabilities and obligations of the Council to the maximum extent
permitted by law, and that each member agency shall indemnify other member agencies
to the extent of any agency liability, as specified in the revisions adopted and ratified
hereby.
Resolution No. 2017-216
Page 2
Section -1,, This Resolution shall take effect immediately upon its adoption. The
City Clerk of the City of Baldwin Park is directed to send a certified copy of this
resolution to the Secretary of the San Gabriel Valley Council of Governments upon
adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Baldwin Park, in the County of Los Angeles, state of California, on this 6th day of
December, 2017.
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 No. 2017-216 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 December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A JOINT POWERS AUTHORITY
FOURTH AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
EFFECTIVE
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FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT OF THE "SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This Fourth Amended and Restated Joint Exercise of Powers Agreement ("Agreement") is
made and entered into by and between the public entities (individually, "Member" and collectively,
"Members") whose names are set forth on Exhibit A, attached hereto and incorporated herein by
this reference, pursuant to Section 6500, et seq. of the Government Code and other applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. Reci.t,als.., This Agreement is made and entered into with respect to the following
facts:
a. Historically, the San Gabriel Valley Council of Governments, formerly known as the San
Gabriel Valley Association of Cities, an unincorporated association, played a valuable role in serving as a
forum for the exchange of ideas and information among its Member cities; however, the growing need for
the cities in the San Gabriel Valley to develop and implement their own subregional policies and plans and
voluntarily and cooperatively resolve differences among themselves required a more representative and
formal structure;
b. There is further a growing need for the cities in the San Gabriel Valley to involve the
unincorporated areas of Los Angeles County (the "County") and other public agencies located in the San
Gabriel Valley in the development and implementation of subregional policies, plans, and projects, and in
the voluntary and cooperative resolution of differences between the cities, public agencies and the
unincorporated areas.
c. The public interest requires a joint powers agency to conduct studies and projects designed
to improve and coordinate the common governmental responsibilities and services on an area -wide and
subregional basis through the establishment of a council of governments;
d. The public interest requires that an agency explore areas of inter -governmental
cooperation and coordination of government programs and provide recommendations and solutions to
problems of common and general concern to its Members;
e. The public interest requires that an agency with the aforementioned goals not possess the
authority to compel any of its Members to conduct any activities or implement any plans or strategies that
they do not wish to undertake (except for the payment of dues);
f. Each Member is a public agency as defined by Section 6500 of the Government Code;
g. Each Member, by and through its legislative body, has determined that a subregional
organization in the San Gabriel Valley is required in furtherance of the public interest, necessity and
Fourth Amended JPA.2017 -I-
convenience to assist in planning, voluntary coordination and implementing projects among the cities,
unincorporated areas and other public agencies; and
h. Each Member, by and through its legislative body, has independently determined that the
public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each
such Member.
i. This Fourth Amended and Restated Joint Exercise of Powers Agreement of the San
Gabriel Valley Council of Governments is intended to supersede and replace the Third Amended and
Restated Joint Exercise of Powers Agreement dated March 12, 2007, as amended by Amendment One,
effective on May 9, 2008.
Section 2 Creation o1 ep arate Legal Entity. It is the intention of the Members to create,
by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the
Government Code. Accordingly, there is hereby created a separate legal entity which shall
exercise its powers in accordance with the provisions of this Agreement and applicable law.
Section 3. Name. The name of the said separate legal entity shall be the San Gabriel
Valley Council of Governments ("Council").
Section 4. Purpose and Powers of the Council.
a. P iMose of"Council. The purpose of the creation of the Council is to provide a vehicle for
the Members to voluntarily engage in regional and cooperative planning and coordination of government
services and responsibilities to assist the Members in the conduct of their affairs, including the ability to
design and construct public works projects to benefit the region or individual Members. It is the clear intent
among Members that the Council shall not possess the authority to compel any of its Members to conduct
any activities or implement any plans or strategies that they do not wish to undertake (except for the payment
of dues). The goal and intent of the Council is one of voluntary cooperation among Members for the
collective benefit of cities, other public agencies and unincorporated areas in the San Gabriel Valley.
b. Common Powers. The Council shall have, and may exercise, the following powers:
(1) Serve as an advocate in representing the Members of the Council at
the regional, state and federal levels on issues of importance to the
San Gabriel Valley;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of public policies and plans with regional
significance;
(3) Assemble information helpful in the consideration of problems
peculiar to the Members;
(4) Utilize Member resources or presently existing single purpose
public and public/private groups to carry out its programs and
projects;
Fourth Amended JPA.2017 -2-
(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action in the interest of local public
welfare and improving the administration of governmental services;
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities, other public agencies, and unincorporated
areas in the San Gabriel Valley as they work toward achieving
planning goals;
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional
issues;
(8) Serve as a mechanism for obtaining state, federal and regional grants
to assist in financing the expenditures of the Council;
(9) Make and enter into contracts, including contracts for the services
of engineers, consultants, planners, attorneys, contractors, and
single purpose public/private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or grants under any
federal, state, or regional programs;
(12) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms,
corporations and any governmental entity;
(13) Lease, manage, maintain, and operate any buildings, works, or
improvements;
(14) Delegate some or all of its powers to the Executive Director as
hereinafter provided; and
(15) To make and enter into contracts for the services of engineers,
consultants, planners, and single purpose public or private groups,
including contracts for design, materials and public works
construction contracts, on behalf of and in the name of the Council;
(16) To acquire, by purchase or eminent domain, construct, reconstruct,
rehabilitate, maintain in whole or in part, dispose of in whole or part
on behalf of and in the name of the Council, land, facilities and
appurtenances necessary or convenient for the completion of the
public works construction projects approved by the Governing
Board of the Council;
Fourth Amended JPA.2017 -3-
(17) To provide for or obtain insurance for the Council and its Members,
and their agents, officers, and employees and contract for risk
management services;
(18) Borrow money, incur indebtedness and/or issue bonds pursuant to
the Constitution of the State of California and any of the laws of the
State of California and to exercise any implied power necessary to
exercise the express powers provided for in this subparagraph 15,
provided, however, that any borrowing hereunder shall be for the
purpose of financing construction projects approved by the
Governing Board and shall be repaid solely from funds pledged or
otherwise designated for such projects. Borrowings authorized
hereunder shall be in the name of the Council and shall be subject to
Section 16 of this Agreement.
c. Excrcisc of Powers. The Council shall, in addition, have all implied powers necessary to
perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable
law, this Agreement and the Bylaws. For the purposes of determining the restrictions to be imposed on the
Council in its manner of exercising its powers pursuant to Government Code section 6509, reference shall
be made to, and the Council shall observe, the restrictions imposed upon the City of West Covina, a general
law city.
Section 5 ""r atioan of Governing Board. There is hereby created a Governing Board for
the Council ("Governing Board") to conduct the affairs of the Council. The Governing Board
shall be constituted as follows:
a. l esianation of (.aovcrnir_ � hoard Re resentatives. Except with regard to the County, one
person, who is a resident of the San Gabriel Valley, shall be designated as a representative to the Governing
Board by the legislative body of each of the Members ("Governing Board Representative"). The County, in
its sole discretion but subject to the requirement that it shall pay dues and assume all obligations under this
Agreement in proportion to the number of its Representatives, shall have one, two or three Governing Board
Representatives. The Governing Board Representative(s) for the County shall reside in and/or represent one
of the First, Fourth or Fifth Supervisorial Districts and shall be selected by the respective County Supervisor.
No Member shall be entitled to "ex officio' non-voting representation on the Governing Board; however,
the Governing Board, at its sole discretion, may allow "ex officio' non-voting representation from public
entities that are not Members.
b. Designation of Alternate oovei,ning l oro E ,2!:��sgntittivcs. Except with regard to the
County, one person, who shall be a resident of the San Gabriel Valley, shall be designated as an alternate
representative to the Governing Board by the legislative body of each of the Members ("Alternate Governing
Board Representative"), The County shall have one, two or three Alternate Governing Board
Representatives, each acting as an alternate for only one of the First, Fourth and/or Fifth Supervisorial
Districts. The Alternate Governing Board Representative(s) for the County shall be selected by the respective
County Supervisor(s) for the First, Fourth or Fifth Supervisorial Districts and shall reside in and/or represent
that same Supervisorial District.
Fourth Amended JPA.2017 4-
c. 'Bli,,ibflity No person shall be eligible to serve as a Governing Board Representative or
an Alternate Governing Board Representative unless that person is, at all times during the tenure of that
person as a Governing Board Representative or Alternate Governing Board Representative, either a member
of the legislative body of the appointing Members for city Members or an elected official of a public agency
for public agency Members, except that Governing Board Representatives and Alternate Governing Board
Representatives for the County do not have to be members of any legislative body but shall serve at the
pleasure of their respective County Supervisors. Should any person serving on the Governing Board fail to
maintain the status as required by this Section 5, that person's position on the Governing Board shall be
deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and
the Member shall be entitled to appoint a qualified replacement.
Section 6. Use of Public Funds and Pro !t ". The Council shall be empowered to utilize
for its purposes, public and/or private funds, property and other resources received from the
Members and/or from other sources. Subject to the approval of the Governing Board of the
Council, the Members shall participate in the funding of the Council in such a manner as the
Governing Board shall prescribe, subject to the provisions of Section 23 of this Agreement. Where
applicable, the Governing Board of the Council may permit one or more of the Members to provide
in kind services, including the use of property, in lieu of devoting cash to the funding of the
Council's activities.
Section 7. l^`unctionin olm_Governit Board.
a. Votim, and Partrc ivat%on. Each Member may cast only one vote for each issue before the
Governing Board through its representative except that each Governing Board Representative for the County
may cast one vote which shall be independent of and separate from the vote of any other Governing Board
Representative for the County. An Alternate Governing Board Representative may participate or vote in the
proceedings of the Governing Board only in the absence of the respective Governing Board Representative.
Governing Board Representatives and Alternate Governing Board Representatives seated on the Governing
Board shall be entitled to participate in and vote on matters pending before the Governing Board only if such
person is physically present at the meeting of the Governing Board and if the Member which that Governing
Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues
as required by this Agreement and the Bylaws. Each Governing Board Representative (or the Alternate
Governing Board Representative) for the County who is physically present at the meeting of the Governing
Board shall be entitled to participate in and vote on matters pending before the Governing Board .without
regard to the attendance or vote of any of the other Governing Board Representatives for the County if all
dues owed by the County for the Supervisorial District of said Governing Board Representative are timely
and fully paid as required by this Agreement and the Bylaws.
b, i'ro LV c lrw. No absentee or proxy voting shall be permitted.
c, Quorum. A quorum of the Governing Board shall consist of not less than fifty percent
(50%) plus one (1) of its total voting membership.
d. + oiTi'in'(tis,. As needed, the Governing Board may create permanent or ad hoc advisory
committees to give advice to the Governing Board on such matters as may be referred to such committees
by the Governing Board. All committees shall have a stated purpose before they are formed. Such a
committee shall remain in existence until it is dissolved by the Governing Board. Qualified persons shall be
Fourth Amended JPA.2017 -5-
appointed to such committees by the pleasure of the Governing Board. Committees, unless otherwise
provided by law, this Agreement, the Bylaws or by direction of the Governing Board, may be composed of
representatives to the Governing Board and non -representatives to the Governing Board.
e. Aclions. Actions taken by the Governing Board shall be by not less than fifty percent
(50%) plus one (1) of the voting Governing Board Representatives who are present with a quorum in
attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the
Governing Board, a higher number of votes is required to carry a particular motion.
Section 8. Duties of thy. Governi1i13cparci'. The Governing Board shall be deemed, for all
purposes, the policy making body of the Council. All of the powers of the Council, except as may
be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the
Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing
Board.
Section 9. Robert's Rules of Order. The substance of Robert's Rules of Order shall apply
to proceedings of the Governing Board, except as may otherwise be provided by provisions of
applicable law, this Agreement, the Bylaws or by direction of the Governing Board.
Section 10. Meetin rs,ol Governing Board. The Governing Board shall, by means of the
adoption of Bylaws, establish the dates and times of regular meetings of the Governing Board.
The location of each such meeting shall be as directed by the Governing Board.
Section 11. Election of President and Vice -President. The President shall be the
chairperson of the Governing Board, shall conduct all meetings of the Governing Board and
perform such other duties and functions as required of such person by provisions of applicable
law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice -President
shall serve as President in the absence of the President and shall perform such duties as may be
required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the
Governing Board or the President. Additional officers of the Governing Board shall be as provided
in the Bylaws.
A Governing Board Representative shall be elected to the position of President of the
Governing Board, and a different Governing Board Representative shall be elected to the position
of Vice -President of the Governing Board at the first regular meeting of the Governing Board held
in May of each calendar year. The terms of office of the President and Vice -President shall
commence and expire on July 1.
If there is a vacancy, for any reason, in the position of President or Vice -President, the
officer in the next successive position shall fill that position for the remainder of the term, and
every successive officer below shall accordingly move up one position. Except as the Governing
Board by two thirds (2/3) vote may otherwise decide, the Governing Board shall forthwith conduct
an election to fill any remaining vacancy for the unexpired term of such prior incumbent, unless
the remaining term to be filled is three month or less.
Section 12. Executiv'ewwwDirector. The Governing Board may appoint by a vote of fifty
percent (50%) plus one (1) of the total voting membership a qualified person to be Executive
Fourth Amended JPA.2017 -6-
Director on any basis it desires including, but not limited to, a contract or employee basis. The
Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing
Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section
21 (c) of this Agreement). The Executive Director shall be the chief administrative officer of the
Council. The Executive Director shall serve at the pleasure of the Governing Board and may be
relieved from such position at any time, without cause, by a vote of fifty percent (50%) plus one
(1) of the total voting membership of the Governing Board taken at a regular, adjourned regular or
special meeting of the Governing Board. The Executive Director shall perform such duties as may
be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, or by
the direction of the Governing Board.
Section 13 Designation of Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to act as the Treasurer for the Council
and a qualified person to act as the Auditor of the Council. If the Governing Board so designates,
and in accordance with provisions of applicable law, a qualified person may hold both the office
of Treasurer and the office of Auditor of the Council. The compensation, if any, of a person or
persons holding the offices of Treasurer and/or Auditor shall be set by the Governing Board.
Section 14 C"OLUIcil�'l Treasurer. The person holding the position of Treasurer of the
Council shall have charge of the depositing and custody of all funds held by the Council. The
Treasurer shall perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code, and such duties as
may be required by the Governing Board. The Council's Auditor shall perform such functions as
may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction
of the Governing Board.
Section 15. D si nation of then Officers and Ertl?lrr ees. The Governing Board may
employ such other officers or employees as it deems appropriate and necessary to conduct the
affairs of the Council.
Section 16. Obli tions of-Couned. The debts, liabilities and obligations of the Council
shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall
be responsible, directly or indirectly, for any obligation, debt or liability of the Council,
whatsoever, to the fullest extent allowed by law. No Member of the Council shall be responsible
for the debts or liabilities of any other Member solely by reason of Membership on the Council.
Implementation Agreements to provide for the design and/or construction of projects with
Members or other agencies ("Implementation Agreement") shall provide for indemnification of
the individual Members of the Council who are not parties to the Contracts.
Section 17. Control and Investment of Council Funds,. The Governing Board shall adopt
a policy for the control and investment of its funds and shall require strict compliance with such
policy. The policy shall comply, in all respects, with all provisions of applicable law.
Section 18. Implen'ientation Agro natWnts. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the purpose of authorizing the
Council to implement, manage and administer area -wide and regional programs or projects in the
interest of the local public welfare. The costs incurred by the Council in implementing a program
Fourth Amended JPA.2017 -7-
or projects, including indirect costs, shall be assessed only to those Members who are parties to
that Implementation Agreement. Such Implementation Agreements shall provide for appropriate
insurance and indemnification by the parties to the Agreement for whom the local project is being
designed and/or built to protect the Council and all of its Members who are not parties to the
Implementation Agreement.
Section 19. Term,. The Council created pursuant to this Agreement shall continue in
existence until such time as this Agreement is terminated. This Agreement may not be terminated
except by an affirmative vote of not less than fifty percent (50%) plus one (1) of the then total
voting membership of the Governing Board.
Section 20. Application ofL,aws to Council Functions. The Council shall comply with all
applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown
Act. (Section 54950, et seq., of the Government Code.)
Section 21. Members.
a. Withdrawal. A Member may withdraw from the Council by filing its written notice of
withdrawal with the President of the Governing Board 60 days before the actual withdrawal. Such
withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60 -day period. The withdrawal of
a Member shall not in any way discharge, impair or modify the voluntarily -assumed obligations for the
withdrawn Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall
not affect the remaining Members. Withdrawn Members shall not be entitled to any reimbursement of annual
dues paid. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the
Council. At a minimum, withdrawal from an Implementation Agreement shall not relieve the withdrawing
party from liability or obligations for any work undertaken pursuant to the Implementation Agreement
already completed, or partially completed. In addition to being entitled to completely withdraw from the
Council, the County may also partially withdraw and prospectively reduce its annual dues with a
corresponding reduction in its ability to participate in and vote on matters before the Governing Board by
filing a written notice of partial withdrawal with the President of the Governing Board 60 days before the
actual partial withdrawal. Such notice of partial withdrawal shall indicate which Supervisorial District(s)
shall remain active in the Council and which are being withdrawn and shall be effective at 12:00 o'clock a.m.
on the last day of that 60 -day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County shall no longer be able to participate in or vote on behalf
of the withdrawn Supervisorial District(s) on any matter before the Governing Board or Council committees.
b. Non -Payment of�Dues. If a Member fails to pay dues within three months of its annual
dues assessment as required under Section 23 of this Agreement and the Bylaws, and after a 30 -day written
notice is provided to that Member, the Member shall be deemed to be suspended from this Agreement and
the Council. When a Member is suspended, no representative of that Member shall participate or vote on
the Governing Board or any committee. Such a Member shall be readmitted only upon the payment of all
dues then owed by the Member, including dues incurred prior to the suspension and during the suspension.
In the case of the County, if the County fails to pay dues for one or more of its Supervisorial Districts within
three months of the County's annual dues assessment as required under Section 23 of this Agreement and
the Bylaws, and after a 30 -day written notice is provided to the County, no representative of the delinquent
Supervisorial District(s) shall participate or vote on the Governing Board. The delinquent Supervisorial
District(s) shall be able to resume participation and voting on the Governing Board only upon the payment
Fourth Amended JPA.2017 -8-
of all dues then owed by the County on behalf of the delinquent Supervisorial District including dues incurred
prior to and during the period of non-payment by the County.
c. Admittln and -Readmitting Lliter %Ig Menib rs. Eligible public entities whose names are
set forth on Exhibit A to this Agreement ("Eligible Public Entities") shall be admitted to the Council by:
adopting this Agreement by majority vote of the legislative body of the Eligible Public Entity; properly
signing this Agreement; and paying in full all dues owed for the then current fiscal year. Since the'County
may be admitted to the Council with voting representatives from one, two or three Supervisorial Districts,
the dues to be paid by County will be based upon the number of Supervisorial Districts that will represent
the County in the Council. County, in its sole discretion, may be admitted to the Council with representation
from fewer than three Supervisorial Districts and may subsequently increase County's representation by one
or more additional Supervisorial Districts contingent only on payment in full at the time that any additional
Supervisorial District commences representation of the County of all dues for the then current fiscal year for
said Supervisorial District. An Eligible Public Entity may be admitted regardless of whether it adopted and
signed this Agreement before or after the Effective Date (as defined in Section 26 of this Agreement). An
Eligible Public Entity that has withdrawn from the Council in accordance with Section 21 may be readmitted
to the Council by adopting this Agreement or any subsequent version of this Agreement by a majority vote
of the legislative body of the Eligible Public Entity; properly signing this Agreement or any subsequent
version of this Agreement and paying in full all dues owed for the current fiscal year and any fiscal years for
which the Eligible Public Entity had been withdrawn from the Council. No vote of the Governing Board
shall be required to admit or readmit an Eligible Public Entity. County may reactivate representation by any
withdrawn Supervisorial District (as defined in this Section 21) by paying in full all dues owed for the then
current fiscal year and any fiscal years for which the Supervisorial District has been withdrawn and no vote
of the Governing Board shall be required for said reactivation.
d. Adqiitting Ncwv Menbers. New Members who are not Eligible Public Entities may be
admitted to the Council upon an affirmative vote of not less than fifty percent (50%) plus one (1) of the total
voting membership of the Governing Board provided that such a proposed new Member is a city or public
entity whose jurisdiction, or part thereof, lies within and/or immediately adjacent to, the San Gabriel Valley.
Admission shall be subject to such terms and conditions as the Governing Board may deem appropriate.
Section 22. IntcrfF rcdice with Function of Mem.be.rs. The Governing Board shall not take
any action which constitutes an interference with the exercise of lawful powers by a Member of
the Council.
Section 23. Dues of Members. The Members of the Council shall be responsible for the
payment to the Council, annually, of dues for each fiscal year in the amounts periodically budgeted
by the Governing Board, as and for the operating costs of the Council as provided in the Bylaws.
The dues of any non -city and non -County Members of the Council shall be no more than the
maximum dues assessed to any of the city Members of the Council. An annual dues assessment
will be issued to all Members in July of each calendar year except that the annual dues assessment
for the County will be issued in July of each calendar year for those Supervisorial Districts whose
representation of the County began in the first six months of a Council fiscal year and in January
of the following calendar year for those whose representation of the County began in the last six
months of a Council fiscal year. Further, the annual dues assessment will also be issued each
January for any new Members, including Eligible Public Entities and other entities, who have
Fourth Amended JPA.2017 -9-
become Members of the Council for the first time and whose membership commenced in the last
six months of a Council fiscal year.
Section 24, DisDosition cal' .ssets. Upon termination of this Agreement, after the payment
of -all obligations of the Council, and subject to any grant funding restrictions or other funding
agreements, any assets remaining shall be distributed to the Members in proportion to the then
obligation of those Members' obligation to participate in the funding of the Council as provided
in Section 23 hereof.
Section 25. 'Ani"endi crit. This Agreement may be amended at any time with the consent
of fifty percent (50%) plus one (1) of all of the legislative bodies of the then parties hereto.
Section 26. Effective Date. The effective date ("Effective Date") of this Amended and
Restated Agreement shall be the first date on which fifty percent (50%) plus one (1) of the Eligible
Public Entities, whose names are set forth in Exhibit A, adopt this Agreement by a majority vote
of the legislative body of each Eligible Public Entity and sign this Agreement.
Section 27itai._Ptmand Construction.
a. The Council shall have the authority to plan, review, design, manage, oversee, monitor
and/or construct projects throughout the San Gabriel Valley as authorized in Section 4 of this Agreement. In
addition, the Council may contract with other public agencies within or outside of the San Gabriel Valley to
perform these functions outside of the San Gabriel Valley. Such projects will be determined by the
Governing Board. The management and implementation of these projects will be the ultimate responsibility
of the Executive Director.
b. The Governing Board of the Council previously formed the Alameda Corridor — East,
Gateway to America Construction Authority (the "ACE Construction Authority") to_implement a Project
known as the Alameda Corridor — East, Gateway to America Project (the "Project"), which was expected to
be of limited scope and duration. All responsibilities of the construction authority previously known as
Alameda Corridor — East, Gateway to America Construction Authority shall continue to • be the
responsibilities of the Council. The ACE Project shall continue to completion and the Council will continue
to use the name ACE in connection with its capital projects until such time as the Governing Board takes
action to change identification of the Council's construction activities.
c. The Governing Board shall be advised regarding capital project and construction activities
by a Standing Policy Committee established pursuant to the Council By -Laws. Such capital project and
construction policy committee shall have a membership comprised of Council Governing Board members
selected to represent the Council as provided in the By -Laws.
d. Implementation Agreements between the Council and any of its Members or other
agencies shall provide for the agency or entity which will accept the project upon completion to properly
approve the plans and specifications for any such project designed by Council employees, agents or
contractors in order to ensure that all defenses and immunities available to public entities are fully preserved.
Insurance shall be purchased for any such project.
Fourth Amended JPA.2017 -10-
That the Members of this Joint Powers Agreement have caused this Fourth Amended and
Restated Agreement to be executed on their behalf, respectively, as follows:
PUBLIC AGENCY
Supervisor/Mayor/Chairperson
ATTEST
Clerk
DATE
Fourth Amended JPA.2017 -11-
EXHIBIT A
Eligible Public Entities
Alhambra
Arcadia
Azusa
Baldwin Park
Bradbury
Claremont
County of Los Angeles
Covina
Diamond Bar
Duarte
E1 Monte
Glendora
Industry
Irwindale
La Canada-Flintridge
La Puente
La Verne
Monrovia
Montebello
Monterey Park
Pasadena
Pomona
Rosemead
San Dimas
San Gabriel
San Gabriel Valley Water
Districts Joint Powers
Authority
Sierra Madre
South El Monte
South Pasadena
Temple City
Walnut
West Covina
STAFF REPORT
SAN GABRIEL
vA LLCY
TO:
ITEM NO. .,_...................... /
Honorable Mayor and City Councilmembers
FROM: Shannon Yauchzee, Chief Executive Officer
Laura J. Thomas, Human Resource/Risk Manager
DATE: December 6, 2017
SUBJECT: ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS
OF UNDERSTANDING BETWEEN CITY OF BALDWIN PARK AND
BALDWIN PARK CITY EMPLOYEES ASSOCIATION (CEA), THE
BALDWIN PARK CLASSIFIED CONFIDENTIAL EMPLOYEES
ASSOCIATION (CCEA), AND THE BALDWIN PARK CLASSIFIED
MANAGEMENT EMPLOYEES ASSOCIATION (CMEA); AND
ADOPT RESOUTIONS AMENDING THE EXECUTIVE AND
UNCLASSIFIED MANAGERS BENEFITS MATRICES; AND
APPROVE RESOLUTIONS TO UPDATE THE PAY SCHEDULE
REFLECTING SALARY AND BENEFIT ADJUSTMENTS IN
ACCORDANCE WITH CALPERS ESTABLISHED GUIDELINES
SUMMARY
This report seeks City Council consideration and adoptions of Resolutions approving:
A. Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin
Park City Employees Association (CEA);
B. Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin
Park Classified Confidential Employees Association (CCEA);
C. Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin
Park Classified Management Employees Association (CMEA);
D. The City Council of the City of Baldwin Park Amending the Executive and Unclassified
Managers Benefits Matrices.
E. Updates to the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments
and employee benefit changes.
FISCAL IMPACT
The new MOUs and Benefits Matrices are structured and will be implemented over a three year period
effective July 1, 2017. The estimated fiscal impact is as follows:
F�sca,,..._ �..�...�_�_� �,_,., . � 19-20..
,,,.,_,,,_ 1 Impact FY 2017-18 FY 20,
19 FY 20.1 Total Q yrss
General Fund $ 90,031 $250,517 $298,628 $ 639,176
Special Revenue and Other Funds $ 88,796 $182,827 $251,994 $ 523,617
Jotal by � y.� mmm mmm 178,827 $433,344 $550,622 $1,162,793
Fund T e $
RECOMMENDATION
Staff recommends that Council approve and adopt:
1. Resolution No. 2017-209 to approve the MOU with the Baldwin Park City Employees
Association; and
2. Resolution No. 2017-210, to approve the MOU with the Baldwin Park Classified Confidential
Employees Association; and
Approval of Memorandum of Understanding
And Other Labor Related Resolutions
December 6, 2017
Page 2
3. Resolution No. 2017-211, to approve the MOU with the Classified Management Employees
Association; and
4. Resolution No. 2017-212, amending the Executive Employees and Unclassified Managers
Benefits Matrices; and
5. Resolution No. 2017-213, updating the comprehensive City of Baldwin Park Pay Schedule to
reflect salary adjustments retroactive to July 1, 2017, in accordance with approved
Memorandum of Understandings, respectively, amended benefit matrices and State mandated
wage adjustments; and
6. Resolution No. 2017-214, updating the comprehensive City of Baldwin Park Pay Schedule to
reflect salary adjustments retroactive to December 1, 2017, in accordance with approved
Memorandum of Understandings, respectively, amended benefit matrices and State mandated
wage adjustments; and
7. Resolution No. 2017-215, updating the comprehensive City of Baldwin Park Pay Schedule to
reflect salary adjustments effective January 1, 2018, in accordance with approved
Memorandum of Understandings, respectively, amended benefit matrices and State mandated
wage adjustments; and
8. Authorize the Finance Director to complete budget amendments and appropriations.
BACKGROUND
Per the City Council's direction, staff met and conferred with representatives of the City Employees
Association, Classified Confidential Employees Association and the Classified Management
Employees Association. As approved by the City Council, the negotiation process has been concluded
and a majority of the members of the subject bargaining groups have ratified the proposed changes in
the respective Memorandum of Understanding for their units.
Upon adoption of Resolution Nos. 2017-209, 2017-210 and 2017-211, respectively, the MOUs with
each group will implement the terms and conditions of employment through and including June 30,
2020, as negotiated.
The following are the significant changes to the City's current agreements in the proposed MOU:
Cl! ily.,E,r J lc s A sao. Q J,<4i 0� .
1. Cost of Living Adjustment: +2% retroactive to the first full pay period of Fiscal Year 2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-20
2. One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time
for December 27 and 28, 2017
3. Medical Insurance: $950 cap for cafeteria cash/cash in lieu
City to increase premium contribution by $100 on 12/01/17
City to increase premium contribution by $50 on 12/01/18
City to increase premium contribution by $100 on 12/01/19
4. Tuition Reimbursement Increase maximum by $500/year effective 0 1/0 1/18
Approval of Memorandum of Understanding
And Other Labor Related Resolutions
December 6, 2017
Page 3
tv 11tsstl. �aticnztl--� t�l?lgyw?rtin.
1. All the above benefits afforded to the City Employees Association members.
2. Administrative Leave increase of 10 hours for exempt employees; grandfathered 30 hours for
non-exempt.
% las, ifwk!msli7�t
1. All the above benefits afforded to the City Employees Association members.
2. Administrative Leave increase of 10 hours for exempt employees.
1 x c-u1t�yc an.
Upon adoption of Resolution Nos. 2017-212, the City Council will amend Benefit Matrices to provide
for the following:
i i ,wler i i p�� lifcinager w wl c ram xCITIT c lri,
1. Cost of Living Adjustment: +2% retroactive to the first full pay period of Fiscal Year 2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-20
2. One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time
for December 27 and 28, 2017.
3. Medical Insurance: $1,000 cap for cafeteria cash/cash in lieu
City to increase premium contribution by $50 on 12/01/17
City to increase premium contribution by $100 on 12/01/18
City to increase premium contribution by $100 on 12/01/19
4. Administrative Leave increase of 10 hours for exempt employees.
E'.,.vec rfive Beq it Matrix
1. Cost of Living Adjustment: +2% retroactive to the first full pay period of Fiscal Year 2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-20
2. One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time
for December 27 and 28, 2017.
3. Bereavement Leave: Each Executive employee shall receive the equivalent of their workweek per
incident, as needed, for a death in his or her immediate family.
Furthermore, in accordance with an approved contract which increases the salary for the position of
Chief of Police, effective December 1, 2017, an extended five step salary range will be adopted and
allow the City Council to place an applicant at a step in alignment with the candidate's qualifications
allowing growth and progression within a range.
Approval of Memorandum of Understanding
And Other Labor Related Resolutions
December 6, 2017
Page 4
Per Ca1PERS regulations, any changes to one or more pay rates requires a Resolution be presented to
City Council for review and approval of such updates. These CalPERS requirements are intended to
enhance the disclosure and transparency of public employee compensation by requiring that the pay
rates be listed on a single pay schedule or single document.
Due to these requirements, Pay Schedule updates must be prepared individually to reflect each effective
date (retroactive and future wage data), July 1, 2017, December 1, 2017, and January 1, 2018,
respectively.
To accomplish this, three Resolutions have been prepared for Council review and approval:
Resolution No. 2017-213 will approve the Comprehensive Pay Schedule to incorporate the agreed upon
changes based on the MOUs and the Benefits Matrices presented herein, with the retroactive effective
date of July 1, 2017.
Resolution No. 2017-214 will approve the Comprehensive Pay Schedule to incorporate the salary
adjustment based upon the MOUs and the Benefits Matrices presented herein, and the five step salary
range for the Chief of Police position with the retroactive effective date of December 1, 2017.
Resolution No. 2017-215 will approve the Comprehensive Pay Schedule for the salary adjustment
based upon the approved MOUS, the updated Chief of Police step salary range, and Benefits Matrices
presented herein, and will update the State mandated increase to the Minimum Wage, all of which
becomes effective January 1, 2018.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Council may choose to provide staff alternatives or direct staff to negotiate further. This would likely
require the item to be held over and discussed again in Closed Session. However, this is not
recommended as both the bargaining units and the City have tentatively agreed upon these provisions.
ATTACHMENTS
#1. Resolution No. 2017-209 with attached CEA Memorandum of Understanding
#2. Resolution No. 2017-210 with attached CCEA Memorandum of Understanding
#3. Resolution No. 2017-211 with attached CMEA Memorandum of Understanding
#4. Resolution No. 2017-212 with attached Executive and Unclassified Managers Benefits Matrices
#5. Resolution No. 2017-213 with attached Comprehensive Pay Schedule effective July 1, 2017
#6. Resolution No. 2017-213 with attached Comprehensive Pay Schedule effective December 1, 201,7
#7. Resolution No. 2017-213 with attached Comprehensive Pay Schedule effective January 1, 2018
RESOLUTION NO. 2017-209
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BALDWIN PARK AND THE BALDWIN
PARK CITY EMPLOYEES ASSOCIATION (CEA)
YEARS 2017 - 2020
WHEREAS, representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Baldwin Park City Employees
Association to make equitable adjustments to wages and other terms and conditions of
employment; and
WHEREAS, a Memorandum of Understanding prepared by said representatives has
been presented to the City Council for consideration and approval; and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the Mayor of
the City of Baldwin Park to sign the "Memorandum of Understanding" between the City of
Baldwin Park and the Baldwin Park City Employees Association (CEA), attached hereto as
Exhibit A. The Memorandum of Understanding for employees represented by the Baldwin
Park City Employees Association is hereby effective for the period from July 1, 2017, through
June 30, 2020.
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause
this Resolution to become in full effect upon approval. The City Clerk shall forward'a certified
copy of this adopted Resolution to each Department Head and Human Resources Manager
upon execution.
PASSED, APPROVED, AND ADOPTED this 6t" day of December, 2017.
MANUEL LOZANO
MAYOR
Resolution No. 2017-209
CEA MOU 2017-2020
Page 2
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 No. 2017-209 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 December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
JULY 19 2017 THROUGH JUNE 309 2020
TABLE OF CONTENTS
PREAMBLE.......... _........... ...... ___ ........ .......................... ........... ............... .......,...................,....4
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING..... �...........................4
ARTICLE II PARTIES AND RECOGNITION.....,,.... .... ........ ._ ........4
Section A.
Appropriate Unit- Professional/Technical Unit..............................................4
Section B.
Appropriate Unit- Clerical Unit.....................................................................5
SectionC.
Terms of Agreement ............... .... , ..,................. ,M.,...., ,....... ..,.,.. ......,.......5
Section D.
Separability Provision......................................................................................5
Section E.
No Strikeout/Lockout Clause..,,.. ............ ............. ,. ,.......,.....5
Section F.
Non -Discrimination . ......... .......................................................................6
ARTICLE III ASSOCIATION RIGHTS,...,. ........................... .......................... ...............7
Section A. Agency Shop Agreement ................... „ ...,,..,. .................. ....... ..,..,...7
Section B. Association Representatives...... .......... ...........M......, ,,...,....,........,...,,..,....8
ARTICLE IV MANAGEMENT RIGHTS ..................................... ........ ...,.........,.,........,,.....10
SectionA. General,.......... .......... ............ ..... ......... ....... ........................... .............10
ARTICLE V COMPENSATION AND SALARIES.............................................«...,.,...,..„11
SectionA. Retirement ......................... .................. ....... ......... ...............................11
SectionB. Salaries,,,,,, ..................__......,,.........,...,...,,.., ...,........ ,,W.......... ,,.,.....12
SectionC. Bilingual Pay ........................................... ...... ....... .................. .............13
SectionE. Acting Pay ..... ......... ................................................ ............ ...M._.., .......... 13
ARTICLEVI BENEFITS ....... ...... .. ........... ....... ......... ......... ......... ..__ ..,........... ,,..,..,....:13
Section A. Health Benefits/Cafeteria Plan................................................„.,..,........,,....,.13
SectionB. Life Insurance ............................................. ................. .......................14
Section C. Short Term/Long Term Disability ........ .........____ ........................... ,..._ 14
Section D. Deferred Compensation...............................................................................15
SectionE. Child Care .,.... �......................................................, , ............,... ........,...15
Section F. Retiree Health Care........,,.. .......... ..................................... ............15
ARTICLEVI HOURS ........ ..............-................ ,.....M, ,. ,,. ,...., ..., ................,.. ,.. ,.......16
SectionA. Work Period ............................,..., ...,,......., ........,,.... .,..... ..,,...,.,..16
SectionB. Hours of Work......... ................................... ......a„,.....,.., ., ..........16
SectionC. Workday-, ......... ......... .............................,....,.....,,..,....................16
Section D. Compensatory Time — Designated Classifications.....................................18
SectionE. Overtime ..............................................................,. .....,.., ......,.,.............18
Section F. Holidays.... ....... .. ...................... ...... ,..,,....,...21
Section G. Holiday Bank ............. I—— .... ........ .,....,., .. .., ...........,,.,..,.....22
ARTICLEVII LEAVES.... ..... . ................ ..... ............ ....... ................ ........... ............23
SectionA. Sick Leave ............. ................ ............................ ................... ............23
SectionB. Vacation .......................... .. ........ ......... ................. .. .. ..........................23
Section C. Bereavement Leave 25
SectionD. Military Leave ............................................... ...... ................... ............25
SectionE. Jury Duty ................ ................................... .............. .........................25
Section F. Training/Conference Leave .......... .................,................ ............ ...,.,.....25
SectionG. Injury on Duty ...,......................................... ..............a,... ,.,.,_,.....26
ARTICLE VIII POLICIES AND PROCEDURES ..... ____ .....................................................26
Section A. Written Warnings/Reprimands....................................................................26
Section B. Layoff Policy ........... .. ...... ......... ......................26
Section C. Emergency Preparedness Policy...................................................................27
Section D. Personnel Rules ...................................................... .................. .............27
Section E. Labor/Management Committee.... ......... ...... .... 27
Section F. Pre -Employment Drug and Alcohol Testing_,.. ........ ................ 27
Section G. "Y" Rating ........ ...... .. . .... .................. ......... ... ...........................27
Section H. Salary Survey .............................. __.......... ,...... ,.,........,..., ,.,..............,.._27
ARTICLE IX GRIEVANCE PROCEDURE..........................................................................27
Section A. Definition__ ............ ..........a...,........ .................., ............,........27
SectionB. Procedure ................ ................ . .........................................................28
ARTICLE X AMERICANS WITH DISABILITIES ACT ..................... ...w,.,,,......,............30
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY..................................................30
SectionA. Purpose.....,__.... ...................................................................... ............30
SectionB. Policy,...,, .... .................................................. ...........30
ARTICLE XII SMOKE FREE WORKPLACE .............. .......... -... ,...................... ..... .... ..... .... 33
Section A. Purpose_.... ....... .........., .,...., ......... ,...,,......33
SectionB. Procedure ....... .................. .w,.,..,. .,...,........................,.............. ....,.__,34
ARTICLE XIII LIMITED REOPENER ................. ........ ........................., ..,..................34
3
PREAMBLE
The City of Baldwin Park, a municipal corporation, and the Baldwin Park City Employees
Association, a recognized employee organization, have been meeting and conferring in good
faith consistent with Section 3500 et seq., of the Government Code and have reached agreement
as a result of such meetings.
ARTICIX [ SCOPE OFNIFMORA:NDUM OF UNDERSTANDING
It is the intent and purpose of the Memorandum to set forth mutually beneficial working and
economic relations between the parties hereto and to provide an orderly and peaceful means of
resolving any misunderstandings which may arise, and to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms and
conditions of employment.
ARTICLE II PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management
representatives of the City of Baldwin Park, hereinafter referred to as the "City" and
representatives of the Baldwin Park City Employees Association, hereinafter referred to as the
"Association", a formally recognized exclusive representative of the general unit of City
employees pursuant to the Meyers-Milias-Brown Act.
Section A. Appropriate Unit- Professional/Technical Unit
The classifications covered by this unit are:
Accountant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
Building Official
Code Enforcement Officer
Economic Development Projects Coordinator
Engineering Technician
Engineering Assistant
Housing Quality Standards Inspector
Housing Programs Coordinator
Information Systems Analyst
Information Systems Supervisor
Information Systems Support Technician
Lead Code Enforcement Officer
Management Assistant
Management Analyst
11
Plan Check Engineer
Planning Technician
Program' Coordinator
Program Supervisor
Public Works Inspector
Public Works Operations Supervisor
Redevelopment Projects Coordinator
Rehabilitation Housing Specialist
Senior Accountant
Senior Finance Clerk
Senior Housing Specialist
Senior Redevelopment Projects Coordinator
Section B. Appropriate Unit- Clerical Unit
The classifications covered by this unit are:
Administrative Clerk
Administrative Clerk II
Construction Clerk
Finance Clerk
Housing Specialist
Housing Technician
Imaging Specialist
Section C. Terms of Agreement
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective upon ratification of the City
Council and ending on June 30th, 2020.
Section D. Separability Provision
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court action of
competent jurisdiction, the remaining sections of this agreement shall remain in
full force and effect for the duration of said agreement. In the event any section of
this Memorandum is declared invalid, the City agrees to meet and confer with the
Association regarding the impact or implementation of the court order.
Section E. No Strikeout/Lockout Clause
1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any
strike, walkout, slowdown, sickout, or any other job action withholding or
refusing to perform services.
2. Any employee who participates in any conduct prohibited in part 1 above
may be subject to disciplinary action up to and including discharge.
3. The City agrees that it will not lock out any employee at any time.
4. In the event that anyone or more officers, agents, representatives, or
members of the Association engage in any of the conduct prohibited in
part 1 above, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this MOU
and is unlawful and they must immediately cease engaging in conduct
prohibited in part above and return to work.
Section F. Non -Discrimination
The provisions of the Memorandum shall be applied equally to all employees
without unlawful discrimination as to age, gender, marital status, race, color,
ancestry, religious creed, national origin, political affiliation or (when the nature
of work permits) physical handicap. Any violation of this by the recognized
employee organization shall also be subject to immediate correction and possible
loss of recognition.
All references to employees in this Memorandum designate all genders, and
whenever one gender is used it shall be construed to include both, where
appropriate.
Section G. Full Understanding, Modification, and Waiver
It is intended that this agreement sets forth the full and entire understanding of the
parties regarding matters set forth herein, and any other prior or existing
understanding or agreements by the parties, whether formal or informal, regarding
any such matters are superseded or terminated in their entirety.
Except as specifically provided herein; it is agreed and understood that both
parties voluntarily and unqualifiedly waives their right, and agree that the other
party shall not be required to negotiate with respect to any subject or matter
covered herein during the tenn of this agreement. Nothing contained herein shall
preclude the parties from mutually agreeing to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of
any of the terms or provisions contained herein shall not be binding upon the
parties hereto unless made and executed in writing by all parties hereto, and if
required, approved and implemented by the City Council.
G
The waiver of any breach, term and or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE III ASSOCIATION RIGHTS
Section A. Agency Shop Agreement
The City and Association mutually understand and agree that in accordance with
State of California law, per adoption of SS 739, and the Agency Shop election
previously held, a simple majority of ballots cast by regular employees in
classifications represented by the Association voted to be covered by an Agency
Shop agreement. As a result of the Agency Shop election, as a condition of
continued employment, this Agency Shop agreement hereby requires that all
bargaining unit employees:
a) Elect to join the Association and pay Association dues
b) Pay an agency fee for representation
c) Or with a religious exemption, pay a fee equal to the agency fee to be
donated to selected charities.
The following agency shop provision will be implemented, in conformity with
California Government Code Section 3502.5 and applicable law.
Association DueslA geoc lee Coll�
During the term of this MOU, the City agrees to collect, through payroll
deduction, Association dues, agency fees and religious exemption fees from all
employees who have signed a written authorization and a copy of that
authorization has been provided to the Human Resources Department. The City
shall be held harmless by the Association in performing this responsibility.
New Hire Notification
All new hires in the Association shall be informed by the Human Resources
Department, at the time of hire that an Agency Shop agreement is in effect for this
classification.
In addition, the City will comply with AB 119 requirements as passed by the
California State Legislature and signed into law by Governor Brown on June 27,
2017.
Reli mous ExeWtio1
Any employee who is a member of a bonafide religion, body, or sect who has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund
7
exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
Those fees shall be remitted by the City, at the choice of the employee, to one of
the following non -labor, non -religious charitable organizations: American Red
Cross or United Way.
To qualify, the employee must provide the Association, with a copy to the City, a
written statement of objection, along with verifiable evidence of membership in a
religious body as described above. The City will implement the change in status
within thirty (30) days unless notified by the Association that the requested
exemption is not valid.
Leave witl�:r ut Pa �'y ieni orar �Assi �� ��ient )tit of"(JI n,it
Employees on an unpaid leave of absence or temporarily assigned out of the unit
shall be excused from paying dues, agency shop fees, or charitable contributions.
Indemnification
The Association agrees to fully indemnify, defend, and hold harmless, the City, its
officers, employees, and agents against any claim, action, liability judgment or
settlement as a result of implementing and maintaining the agency shop
agreement.
Records
The Association shall keep an itemized record of its financial transactions and
shall make a detailed written annual financial report available to the City and all
the unit members. The Association certifies that is has adopted, implemented, and
will maintain constitutionally acceptable procedures to enable non-member
agency shop fee payers to meaningfully challenge the propriety of the uses to
which service fee funds are put in accordance with applicable law.
Section B. Association Representatives
1. The Association may designate one officer, board member and
representative, who shall be permitted to assist bargaining unit members in
the investigation, processing and presentation of grievances, disciplinary
actions, the meet and confer process and all activity necessary to facilitate
the efficient resolution of any labor-management dispute.
2. The Association shall notify the City in writing of the names of all board
members, officers, and representatives who are authorized to represent the
employees in the bargaining unit.
3. The City agrees to grant reasonable access to employee work locations of
officially designated representatives for the purpose of processing
grievances in accordance with this Memorandum of Understanding. Each
representative, upon notification to his/her immediate supervisor, may be
permitted to leave his/her regular work location during work hours, for
reasonable periods of time to perform the following functions with pay:
a. To represent to a supervisor, a request for a grievance which the
representative has been requested by any employee, or group of
employees, to present to such a supervisor.
b. Investigate any request for adjustment of grievance in the
representative's division, and present such request for adjustment to
the supervisor of the employee who initiated the grievance request.
C. Attend meetings with management when the representative's
presence is necessary to present the grievance for adjustment.
4. No representative shall leave his/her job or area of assignment while his/her
presence is necessary for the safe and effective operation of his/her job; the
determination to be made by the representative's immediate supervisor or
appointing authority.
5. Each representative shall report to his/her supervisor the time leaving his/her
work location to perform such duties as set forth herein. The representative
shall report to the supervisor immediately upon completion of these duties.
6. When the presence of a representative is desired by an employee, or group of
employees, for the presentation, investigation, and/or adjustment of a
grievance and/or dispute, the employee or group of employees shall make a
request to their immediate supervisor. The supervisor shall arrange for a
representative to be present as soon as possible, consistent with safe and
efficient operating requirements.
7. Prior to entering any area in the fulfillment of their duties set forth herein, the
representative shall notify the supervisor of that area of his/her presence and
the reason for his/her business in that area.
8. The City agrees that the representative shall not be hindered, coerced,
restrained or interfered with in the performance of their duties and
responsibilities provided in the Memorandum of Understanding.
9. The Association and the employer agree hereto that each will cooperate with
the other and reduce to a minimum the actual time spent by representatives in
the performance of their duties under this Memorandum of Understanding.
ARTICLE JY MA A(')"rE GENT RIGHTS
Section A. General
All management rights and functions, except those which are clearly and
expressly limited in this Memorandum of Understanding, shall remain vested
exclusively in the City. It is expressly recognized merely by way of illustration
and not by way of limitation that such rights and functions include, but are not
limited to:
1. Manage the City
2. Schedule work hours
3. Establish, modify, or change work schedules or standards
4. Institute changes in procedures
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline, or discharge any employee
6. Determine the location of any new facilities, buildings, departments,
divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing
of facilities, departments, or subdivisions thereof.
7. Determine services to be rendered
8. Determine the layout of buildings and equipment and materials to be used
therein
9. Determine processes, techniques, methods, and means of performing work
10. Determine the size and characteristics of the work force
11. Determine financial policy including accounting procedures
12. Determine the administrative organization of the system
13. Determine the process of selection, promotion, or transfer of employees
14. Determine the allocation and assignment of work to employees
15. Determine policy affecting the selection of new employees
16. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required
17. Determine administration of discipline
18. Determine control and use of City property, materials and equipment
19. Schedule work periods and determine the number and duration of work
periods
20. Establish, modify, eliminate or enforce rules and regulations
21. Place work with outside firms
22. Determine the methods and means by which such operations are to be
conducted
23. Require employees, where necessary, to take in-service training courses
during work hours
24. Determine duties to be included in any job classification
25. Determine the necessity of overtime and the amount of overtime required
26. Take any necessary action to carry out the mission of the City in cases of an
emergency
27. Prescribe a uniform dress to be worn by designated employees
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The exercise of the foregoing powers, rights, authority, duties and responsibilities
by the City, the adoption of policies, rules, regulations, and practices in
furtherance thereof, and the use of judgment and discretion in connection
therewith, shall be limited only by the specific and express terms of this contract,
and then only to the extent such specific and express terms are in conformance
with law.
Any dispute arising out of or in any way connected with either the existence of or
the exercise of any of the above described rights of the City is not subject to the
grievance provision unless any such dispute is otherwise grievable under another
Article of this agreement.
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of
management's rights shall impact on employees in the bargaining unit, the City
agrees to meet and confer with representatives of the Association, upon request by
the Association, regarding the impact of the exercise of such rights, unless the
mater of the exercise of such rights is provided for in this Memorandum of
Understanding or in Personnel Rules and Salary Resolutions.
ARTICLE V COMPENSATION AND SALAI :IF'S
Section A. Retirement
LI.q ees Hired Before JanuaiN 1 2013
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2.7% @ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Military service credit as public service option (Government Code
§21024);
4. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents ($.93) per pay period (Government Code §21571);
5. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. The City agrees to contract with Ca1PERS to include 1959 Survivors
Benefit Level IV;
8. $500 Retired Death Benefit
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The City will pay 100% of the employer's contribution to the Ca1PERS
retirement program and provide retirement benefits as currently specified under
the City's contract with the California Public Employees' Retirement System.
Ca1PERS
In accordance with City Resolution 2015-094, effective October 25, 2015,
employees will pay 100% of the employee's member contribution to the
California Public Employees Retirement System (Ca1PERS). All such employee
contributions shall be deposited in the member's retirement account.
New CAPERSMembers HiredOn or Afte Jgri, aty ,"201;
The City contracts with the State of California Public Employees Retirement
System (CalPERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2% at 62 formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
4. Military Service Credit as Public Service (Government Code §21024)
5. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents ($.93) per pay period (Government Code §21571);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. Employees will pay 50% of the normal cost, currently 6.25% member
contribution to Ca1PERS;
8. The City agrees to contract with Ca1PERS to include 1959 Survivors
Benefit Level IV
9. $500 Retired Death Benefit
Section B. Salaries
The City adopted a Seven Step Compensation Plan (5% between steps), which is
made a part hereof, and is on file with the Human Resources/ Risk Manager or
their designated representative(s) in the Human Resources Department. Such
Compensation Plan may be amended or revised at the discretion of the City
Council subject to the meet and confer process.
Ca1PERSThe following unadjusted base salary increases shall be provided to all
represented employees of this Association:
a) Retro -active to the first payroll period commencing on or after July 1,
2017-2%
b) Effective the first payroll period commencing on or after July 1, 2018 —
2%
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c) Effective the first payroll period commencing on or after July 1, 2019 —
2%
Section C. Bilingual Pay
The City shall pay an additional $100.00 per month to a person who is capable of
speaking reading and writing and/or interpreting the languages of Spanish,
Chinese, Japanese, Vietnamese, Tagalog, and American Sign Language.
Determination of capability shall be made by qualifying tests established by the
City. Re -testing of individuals will be required to determine bilingual capability in
the above stated languages. Only those individuals who score at the level of
"Good" or better will be eligible for bilingual pay.
Section D. Tuition Reimbursement
Section 2.8 of the City's Personnel Rules and Regulations shall be amended to
provide that the tuition reimbursement described therein shall allow for
reimbursement eligibility for full time employees who have passed original
probation shall be in the amount not to exceed $1,500 per fiscal year.
Personnel Rules §2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only for courses provided by an accredited
college or university and in a field of study reasonably related to the employee's
duties and which are deemed appropriate by the Executive Team.
Effective January 1, 2018, the maximum amount of tuition reimbursement shall
be increased to $2,000 per fiscal year.
Section E. Acting Pay
Section 4.4 of the City's Personnel Rules and Regulations shall be modified by
this agreement to provide acting pay after twenty (20) continuous working days.
All other provisions of Section 4.4 shall remain in their current form. This
amendment shall apply only to members of the City Employees Association,
Professional Technical Employees Unit and Clerical Unit.
ARTICLE VI BENEFITS
Section A. Health Benefits/Cafeteria Plan
Medical and Dental
The City will contribute to each employee in the bargaining group a sum not to
exceed $950.00 per month towards benefits as detailed in this section. The
employee is required to maintain a minimum coverage for him/herself in a plan of
their choice unless the employee can show proof that they have adequate health
insurance coverage through another source. In instances where the employee's
13
medical insurance premium is less than the City's monthly allowance, such
employee will have an option to have the excess monies placed towards an
existing benefit program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or
family coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Effective the first payperiod that includes January 1, 2018, the maximum amount
of monies that are eligible for cash out shall be capped at $950 per month.
Effective the first payperiod that includes December 1, 2017, the City's
contribution to medical and dental premiums shall be increased to $1050 per
month.
Effective the first payperiod that includes December 1, 2018, the City's
contribution to medical and dental premiums shall be increased to $1100 per
month.
Effective the first payperiod that includes December 1, 2019, the City's
contribution to medical and dental premiums shall be increased to $1200 per
month.
Vision3Lp Cgv r v
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $34.05 per month. Any premium increase in
excess of $34.05 per month shall be absorbed by the employee.
Section B. Life Insurance
The City shall provide a $50,000 term life and AD&D insurance for each
employee.
Section C. Short Term/Long Term Disability
The City will pay 100% of the employee premium towards a short-term and long-
term disability program as provided by the City of Baldwin Park. The Plan
provides benefits commencing on the 31 St day of a non -work related injury or
illness, and employees will be eligible to receive a maximum benefit of 66 2/3 of
their current base salary up to a maximum of $5,000 per month.
14
Section D. Deferred Compensation
The City currently offers two (2) established deferred compensation providers to
its employees. Deferred compensation is a voluntary program wherein employees
may elect to allocate salary to the City's 457 plans on a pre-tax basis in
accordance with the provisions of the plan. Effective upon ratification of this
contract, the City shall contribute $100.00 per month into a City sponsored
deferred compensation plan. Prior to any changes in the current
program/providers, the City agrees to meet in good faith with the CEA as part of
the meet and confer process.
Section E. Child Care
The City's Before and After School Care (Latch Key) Program shall provide same
privileges to employees as residents of Baldwin Park. Section 125 Plan is
available for employee's use.
Section F. Retiree Health Care
I'na :�lo ees flired Beforc . 4, 1 21
For all employees hired prior to July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that.is required by Government Code section
22892. In addition, the City will also pay into the retiree's individual health
reimbursement account, or similar reimbursement plan, an amount equal to the
difference of the City's minimum employer contribution required by Government
Code section 22892 and the premium cost for retiree -only coverage in the retiree's
chosen medical plan
ni l.o ees Hired. On or Aller Jif -015
For all employees hired on or after July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
22892. In addition, the City will make a contribution to the retiree's individual
health reimbursement account, or similar reimbursement plan, based upon the
employee's years of service to the City as follows:
6 to 10 full years of service: 20% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
11 to 15 full years of service: 40% of the premium cost for retiree only
coverage in the retiree's chosen medical
15
plan, less the City's minimum employer
contribution paid to CalPERS.
16 to 20 full years of service: 60% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
21 to 25 full years of service: 80% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
26 full years of service or more: 100% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
ART IC LE VI HOURS
Section A. Work Period
The work period for all employees within the bargaining group shall be seven (7)
days in length commencing on Sunday, at 12:01 a.m.
Section B. Hours of Work
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday 7:30a.m. to 6:OOp.m., however, employees may work a flexible 4/10
plan dependent upon their work assignment.
Employees assigned to a 9/80 work week shall normally work Monday through
Thursday, 6:30a.m. to 4:OOp.m. and on each scheduled Friday shall work 6:30a.m.
to 3:OOp.m., however, employees may work a flexible 9/80 plan dependent upon
their assignment.
Employees assigned to a 5/40 workweek shall normally work Monday through
Friday and the actual hours worked will be dependent upon their work
assignment.
Section C. Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one-half (10 1/2) hours with nine hours and fifty minutes of work time and forty
(40) minutes as a non -paid unrestricted meal period. Meal periods shall be in
accordance with department administrative guidelines.
16
Employees working the 4/10 will be provided with two (2) ten (10) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest time is not cumulative beyond the scheduled workday within
which the break period occurs nor may it be used to extend lunch or shorten the
workday.
Employees working the 9/80 shall have a standard four (4) days consisting of nine
and one-half (9 1/2) hours, nine (9) hours of work time and thirty (30) minutes as
a non -paid unrestricted meal period. Employees shall have a standard fifth day
consisting of eight and one-half (8 1/2) hours, eight (8) hour of work time and
thirty (30) minutes as a non -paid unrestricted meal period.
Employees working the 9/80 will be provided two (2) fifteen (15) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest time is not cumulative beyond the half scheduled workday within
which the break period occurs nor may it be used to extend lunch or shorten the
workday.
Employees working the 5/40 shall have a standard workday consisting of nine (9)
hours, eight (8) hours of work time and one (1) hour as a non -paid unrestricted
meal period. Meal periods shall be in accordance with department administrative
guidelines.
Employees working the 5/40 will be provided two (2) fifteen (15) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest tune is not cumulative beyond the half scheduled workday within
which the break period occurs nor may it be used to extend lunch or shorten the
workday.
Experiniental Alternative Work Schedules
The City agrees to implement an experimental 4/10 plan for all employees
assigned to City Hall and for all professional and technical employees assigned to
the Community Center, The City agrees to implement an experimental 9/80 plan
for all employees assigned to the Maintenance Facility.
The Association recognizes that the City may, at its sole discretion, end the 4/10
and/or 9/80 plan upon reasonable notification to the Association. The termination
of such plan(s) is not subject to the grievance process or any other administrative
review. The Association recognizes that the 4/10 and/or 9/80 plan is not a vested
right in any manner, and that the termination of such 4/10 and/or 9/80 plan is not
subject to the meet and confer process or meet and consult process.
The Association further recognizes that the implementation of the 4/10 and/or
9/80 plan does not create any additional overtime obligation for the City under the
Fair Labor Standards Act,
17
The City may adjust employees work periods as necessary so that their forty (40)
hours of scheduled work does not overlap into another work period to avoid an
overtime obligation.
The City does agree however, that should 9/80 experimental work schedule be
terminated, that benefit levels/accruals and working conditions that were modified
to accommodate the alternate work schedule(s) will revert to the levels/accruals
and working conditions in existence prior to September 27, 1992 or April 12,
1993.
The Association does agree, that as a result of the reorganization of the Public
Works Department, the positions of Public Works Operations Supervisor and
Public Works Inspector are now represented by the Association, and that these
positions will be assigned to a 9/80 schedule, whether assigned to the City Flail or
the Maintenance Facility.
Section D. Compensatory Time — Designated Classifications
Although the following classifications are part of the Professional and Technical
Employees Association, for purposes of the Fair Labor Standards Act, they are
designated to only receive compensatory time.
Accountant
Accounting Supervisor
Assistant Planner
Associate Planner
Building Official
Engineering Assistant
Engineering Associate
Housing Programs Coordinator
Information Services Technician
Information Systems Supervisor
Plan Check Engineer
Program Supervisor
Senior Accountant
Section E. Overtime
All employees, (except those designated to only receive compensatory time)
required to perform in excess of the standard work period of forty (40) hours in a
seven (7) day cycle shall receive compensation at the rate of time and one-half
his/her base pay of pay, plus bilingual pay.
In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee may elect the option of
18
earning compensatory time, and shall have a cap of eighty (80) hours placed on
the accrual of compensatory time off.
Positions designated in Article II Section B of this agreement may, in lieu of
receiving cash payment for hours worked in excess of forty (40) hours during the
seven (7) day work period, elect the option of earning compensatory time, and
shall have a cap of forty (40) hours placed on the accrual of compensatory time
off.
Employees designated to only receive compensatory time shall have a cap of
eighty (80) hours placed on the accrual of the compensatory time off. Hours in
excess of eighty (80) shall receive compensation at the rate of time and one-half
in accordance with the overtime provisions of this MOU.
The times during which an employee may take his/her compensatory time shall be
approved by the department head with due regard for the wishes of the employee
and for the needs of the service.
Lla o�lir<o v sion
On or before December 31 of each year, an employee shall reduce his/her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty
(40) hours shall be paid at the employee's current straight time rate unless
advance, written approval of the employee's department head and the Chief
Executive Officer is obtained to carry over all or part of the excess of forty (40)
hours.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty (80) hours or less at his/her straight time
hourly base rate.
I=�'ligibility fob Overtinie Coijjpensation
In determining an employee's eligibility for overtime compensation or accrual
of compensatory time in a work period, paid leaves of absences and unpaid
leaves of absences shall be excluded from the total hours worked. Paid leave of
absences include, but are not limited to, the following:
Vacation Holiday Leave
Jury Duty Administrative Leave
Bereavement Leave Sick Leave
Military Leave Worker's Compensation Leave (IOD)
Compensatory Leave
All overtime requests must have the prior written authorization of a supervisor
prior to the commencement of such overtime work. Where prior written
authorization is not feasible, explicit verbal authorization must be obtained.
19
Where verbal authorization is obtained, written authorization must be obtained
as soon thereafter as practicable. Dispatched calls beyond the end of duty time
are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal
authorization followed by written authorization, will result in the denial of the
overtime request.
"all B k,
Call back duty occurs when an employee is ordered to return.to duty on a non -
regularly scheduled work shift. Call back does not occur when an employee is
held over from his/her prior shift or is working prior to his/her regularly
scheduled shift. An employee called back to duty shall be credited with a
minimum of two (2) hours work commencing one-half (1/2) hour before he/she
reports to duty. Airy hours worked in excess of two (2) hours shall be credited
on an hour for hour basis for actual time worked. Travel time shall not be
considered hours worked and shall not be compensated in any manner
whatsoever. However any time that involves driving after reporting to the work
site will be compensable under this Agreement. Call back duty hours will be
compensated at a premium overtime rate, irrespective of the total paid leave
exclusion for the work period.
Work performed at the Baldwin Park Anniversary Parade, 4th of July and
Community Picnic annual events will also be compensated at a premium
overtime rate, irrespective of the total paid leave exclusions for the work
period.
Non M.and.ato ym Training...
Non -mandatory attendance at training schools/facilities, which improves the
performance of regular tasks and/or prepares for job advancement are not
compensable for hours in excess of the employee's normal work shift. Any
time spent in excess of the normal work shift will not be counted as working
time and is not compensable in any manner whatsoever.
Time spent in studying and other personal pursuits is not compensable hours
of work, even though the employee may be confined to campus twenty four
(24) hours a day.
Travel Time
Travel time to and from the training facility outside an employee's normal work
shift is not compensable hours of work.
Qog,nh g,/Dofr
Time spent in changing clothes before or after a shift, or during lunch, is not
considered hours worked and is not compensable in any manner whatsoever.
RE
Section F.
Employees may be provided with a locker for their own personal convenience. An
employee may or may not utilize the locker for storage and changing purposes at
his/her own discretion.
Holidays
The City shall observe the following holidays:
New Year's Day- January 1 st
President's Day- The third Monday in February
Memorial Day- The last Monday in May
Independence Day- July 4th
Labor Day- The first Monday in September
Veteran's Day- November 11th
Thanksgiving Day- The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80
schedules only)
Christmas Eve- December 24th
Christmas Day- December 25th
Er Flo secs assigned to a f 10 Work Su]i,edule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will
not be observed on the preceding Wednesday or Thursday. If any of the holidays
fall on a Sunday, the Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited with ten (10)
hours of leave for observance of Martin Luther King Day and ten (10) hours
leave, for a total of twenty (20) hours.
l,nip1g es assi )ped _to a 9/80 Work Schedule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will
not be observed on the preceding Wednesday or Thursday. If any of the holidays
fall on a Sunday, the Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited with nine (9)
hours of leave for observance of Martin Luther King Day and ten (9) hours leave,
for a total of eighteen (18) hours.
1np1e,i &off ml40 Work Schedule
If any of the before mentioned holidays fall on a Saturday, the preceding Friday
will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the
Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited three (3) eight
(8) hour days of floating leave, for a total of twenty-four (24) hours.
21
''ity Hx11losui°e 2017:
There will be a one-time closure of City Hall on December 25-29, 2017. The
provided holiday hours for Christmas Eve and Christmas Day will be applied to
December 25 & 26, 2017 respectively.
The City will provide an additional 20 hours of holiday time for use on December
27 & 28, 2017 only. Exceptions may be made at Supervisor's discretion for the 20
hours to be used in payperiods 2 & 3 (ending January 27, 2018) if the employee is
unable to use the additional holiday hours on the specified dates due to work
assignments. The additional 20 hours of holiday time will not be accrued or
cashed out under any circumstances.
Section G. Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on non -regularly scheduled work days, as determined by an
employee's assigned work schedule. An employee will be credited with an
equivalent number of hours of holiday time ("holiday bank").
The actual date for the use of such leave shall be subject to the approval of the
employee's department head. For employees working a 4/10 work schedule this
leave shall be used in increments of ten (10) hours. For employees working a 9/80
work schedule this leave shall be used in increments equivalent to the work day
being requested for time off, i.e., a standard nine (9) hour work day or a "Friday"
eight (8) hour work day.
However, upon implementation by the City of accounting procedures and
methods whereby use of holiday leave in increments of one (1) hour or more can
be reasonably documented, affected employees shall be provided the option of
using holiday leave in such amounts of time. Although the City shall endeavor in
good faith to institute such an accounting process, it shall remain in the sole
discretion of the City to determine when such a modified accounting can be
reasonably implemented.
Employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time.
Payout
If an employee, because of business necessity, is not able to utilize excess accrued
holiday bank hours, upon written request to, and approval of the department head,
an employee may be paid for any excess hours over their maximum holiday bank
hours accrual. Each January 1, such excess hours will be removed from the
employee's holiday bank hours accrual, calculated at their then straight time
hourly rate and placed in a holiday hours bank to be paid no later than June 30 of
the same year.
0,
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he/she will have his/her
vacation leave and/or final paycheck reduced to reflect the excess holiday bank
time used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time
at his/her straight time rate.
ARTICLE VII' LEAVES
Section A. Sick Leave
Every full-time employee represented by this agreement shall accrue sick leave
beginning the first full pay period of employment at the rate of 3.693 hours for
each pay period of service completed with the City.
In centive ProgLq n
Each eligible employee shall elect their maximum sick leave hours accrual.
Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level
that is at a higher level than their closest currently accrued sick leave hours, they
may do so. The maximum accrual elected by the eligible employee will be
irrevocable.
Once the election is made by the employee, such excess hours will be removed
from the employee's sick leave hours accrual, calculated at their then straight time
hourly rate and placed into a sick leave hours bank to be paid at 75% of the total
value, with the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Section B. Vacation
All affected employees shall accrue vacation leave in accordance with the
following:
a. Employees having less than five (5) years employment (vacation accrual =
96 hours per year), the maximum amount of vacation that may be
accumulated shall be 192 hours.
b. Employees having more than five (5) years but less than ten (10) years of
employment {vacation accrual = 120 hours per year), the maximum
amount of vacation hat may be accumulated shall be 240 hours.
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c. Employees having more than ten (10) years but less than fifteen (15) years
of employment (vacation accrual = 144 hours per year) the maximum
amount of vacation that may be accumulated shall be 288 hours.
d. Employees having more than fifteen (15) years but less than twenty (20)
years of employment (vacation accrual = 168 hours per year), the
maximum amount of vacation that may be accumulated shall be 336
hours.
e. Employees having over twenty (20) years of employment (vacation
accrual = 192 hours per year) the maximum amount of vacation that may
be accumulated shall be 384 hours.
Employees will be entitled to utilize accrued vacation leave after completion of
six (6) months continuous employment with the City. Employees may be eligible
to utilize accrued vacation leave at an earlier time, upon written request to and
approval of their department head.
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the
employee and for the needs of the City.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of
the department head use vacation leave in lesser increments during the calendar
year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave with approval of the
department head. A vacation period is defined as the maximum amount of
vacation leave accrued by an employee in any calendar year, in accordance with
Subsections (a), (b), (c), (d) and (e), as stated above.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an
employee may be paid for any excess hours over their maximum vacation hours
accrual. Each January 1, such excess hours will be removed from the employee's
vacation hours accrual, calculated at their then straight time hourly rate and
placed into a vacation hours bank to be paid no later than June 30 of the same
year.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
24
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Section C. Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent
of their workweek per incident, as needed, because of a death in their immediate
family.
Immediate family shall mean and include only:
Employee's: spouse, children, brothers, sisters, parents, grandparents, step-
children, foster children, grandchildren, and State registered domestic
partners.
Spouse's: Parents, and grandparents
Said time will not be cumulative from one twelve (12) month period to another
nor will pay in lieu of unused leave for bereavement is provided.
Section D. Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leaves extends
beyond the employee's regularly scheduled workweek.
Section E. Jury Duty
An employee granted jury duty leave pursuant to Section 11,7 of the Personnel
Rules shall not be granted additional compensation when such leave extends
beyond the employee's regularly scheduled workweek.
Section F. Training/Conference Leave
When an employee is scheduled to attend a conference or training program
Monday through Friday, his/her work hours will be 8:00am to 5:00pm Monday
through Friday so there is no issue that he/she is eligible for overtime while
attending the conference or training.
25
Section G. Injury on Duty
Any employee who is injured within the scope of employment with the City will
receive workers' compensation benefits as provided under the California Labor
Code. While any employee is on an injury on duty (IOD) status, his/her work
hours will be consistent with their regular scheduled work shift, so there will not
be an issue or conflict regarding said employee's eligibility for overtime while
receiving treatment or keeping doctor's appointments.
lndusjj ql 1 � e1il
This language shall supersede the language in City Personnel Rule Section 11.5
which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Any non -sworn (non -peace officer) employee injured in the course and scope of
employment and whose injuries are subject to the Workers' Compensation laws of
the State of California, shall be eligible to receive only those benefits provided to
non -sworn (non -peace officer) employees by the Workers' Compensation laws.
ARTICLE "'VIII POLICIES AND PROCEDI:: R1,S
Section A. Written Warnings/Reprimands
Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of
administrative appeal shall be the Executive Team. An employee shall have the
right to attach a written rebuttal to any written warning/reprimand placed in
his/her personnel file.
A written warning/reprimand may be removed from an employee's personnel file,
upon written request to and written approval from their department head, if lie/she
has not been involved in any subsequent incidents that resulted in written
corrective counseling or other management action for a period of five {5) years
from the date the most recent notice was issued or management action taken.
Section B. Layoff Policy
The parties agree to continue the meet and confer process on the City's current
Layoff Policy, contained in Section 13 of the Personnel .Rules. Any language
changes to the current Section will be submitted by the Association prior to the
commencement of the meet and confer process.
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees in the CEA will be entitled to a minimum of three (3) months
health, dental and vision benefits paid for by the City, if a layoff takes place.
26
Section C. Emergency Preparedness Policy
The parties agree to continue the meet and confer process on the "Emergency
Preparedness Policy", including specifics as to when bargaining unit members
should respond before or after their normal work shift.
Section D. Personnel Rules
During the term of this agreement, both parties agree to meet and confer on the
content and implementation of new and/or revised Personnel Rules and
Regulations as needed.
Section E. Labor/Management Committee
The City agrees to maintain a labor/management committee for discussion of
general issues of mutual concern to the City and the Association.
Section F. Pre -Employment Drug and Alcohol Testing
The parties agree that all new hires, effective the date this agreement is signed,
will be subject to pre-employment alcohol and drug testing. Employment will be
contingent upon the results of this testing.
Section G. "Y" Rating
"Y" rate exists when an employee's salary is frozen at the present level until such
time as subsequent general salary increases catch up with or exceed the
employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at
"step Y" until such time as the position is assigned to a salary range in which the
last step is equivalent to or higher than the "step Y". Such employee shall not
receive salary adjustments until such time as "Step Y" is equivalent or less than
Step 7 of the salary range of the employee's position.
Section H. Salary Survey
The City and Association agree, during the term of this MOU, to collect and
compile salary survey data on classifications represented by the Association with
respect to agencies comparable to Baldwin Park.
ARTICLE IX GRIEVANCE PROCEDURE
Section A. Definition
A "grievance" is a formal, written allegation by a grievant that he/she has been
adversely affected by an existing violation, misinterpretation or misapplication of
27
the specific provisions of the Memorandum of Understanding and/or provisions of
the Personnel Rules and Regulations. Other matters for which a special method of
review is provided by law, ordinance, resolution, or by administrative regulations
and procedures of this City, are not within the scope of this procedure.
Section 15 of the Personnel Rules shall be modified by this agreement to provide
the utilization of the grievance procedure for those employees who receive
performance evaluations rated at the level of marginal and/or unsatisfactory. This
amendment of Section 15 shall apply only to the members of the General Unit of
Clerical Employees Association.
Section B. Procedure
Informal Resolution
Every effort shall be made to resolve a grievance through discussion between the
employee and his/her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any subsequent
discrimination against employees who may seek to adjust a grievance. Every
effort should be made to find an acceptable solution at the lowest level of
supervisor. Within fifteen (15) calendar days after a grievant knew, or by
reasonable diligence should have known, of the condition upon which a grievance
may be based, the grievant shall attempt to resolve it by an informal conference
with the grievant' s immediate supervisor. The immediate supervisor shall
respond, in writing, within (7) calendar days of the discussion with the grievant. If
the immediate supervisor does not respond within such time lime the grievant
shall be entitled to process the grievance to the next step.
If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) calendar days from the date of receiving the
answer from his/her supervisor, request and be granted an interview with the
division head, if one exists, in order to discuss the grievance. The Division Head
shall schedule an interview within (5) calendar days of the grievant's request.
After the interview, the Division Head shall respond, in writing, within seven (7)
calendar days of the interview with the Grievant. If the Division Head does not
respond within such time limit the grievant shall be entitled to process the
grievance to the next step.
If the division head and employee cannot reach a solution to the grievance, the
employee may, within seven (7) calendar days from the date of receiving the
answer from the division manager, request, in writing, and be granted an
interview with the appointing authority. The appointing authority, or its
representative, shall schedule an interview within five (5) calendar days of the
grievant's request.
The appointing authority shall render his/her decision in writing within fifteen
(15) calendar days of receiving the appeal. If the appointing authority and
28
employee are unable to arrive at a satisfactory solution, the employee may, within
ten (10) calendar days from the date of the decision by the appointing authority,
submit a written appeal to the Executive Team.
The Executive Team shall review the grievance and respond to the employee
within twenty (20) calendar days of receiving the appeal. The response shall be in
writing and will be considered an expression of management's viewpoint, and
shall be the final administrative state of review.
If the time limits for employees' appeals at any step should elapse, the grievance
shall be considered withdrawn. Time limits may be extended by mutual consent.
If the City fails to respond within the prescribed time limits, the grievance will be
deemed to have been denied and the employee may go to the next step. If the
Executive Team fails to respond within the prescribed time limit, the grievance
will be deemed to have been denied and the employee will be deemed to have
exhausted his/her administrative remedy.
The employee may request the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level of review.
Employees shall be assured freedom from reprisal for using the grievance
procedure.
Standard Grievance Form
The City and the Association agree to create, prepare and implement a standard
grievance form for use by all affected classifications represented by the
Association.
Grievance Mediation
Either the employee or the Association may request the grievance be submitted to
mediation prior to a decision being issued by the Executive Team. Upon request
to mediate the grievance, the City shall make the formal, written request for a
mediator from the California State Mediation and Conciliation Service. The
choice of a mediator must be approved by both the Association and City before
mediation may begin.
If the employee or the Association requests that the grievance be submitted to
mediation prior to a decision being issued by the Executive Team, then the
employee and/or Association shall pay any costs associated with the mediation.
If the grievance was mediated and resolved, the mediator shall be requested to
provide a written summary of the outcome; a description of the dispute and the
resolution reached by the parties.
If the grievance was mediated and not resolved, the mediator shall be requested to
render a written, advisory opinion letter to the Association and City within 15
calendar days of the final mediation session. This opinion is non-binding and is
29
intended to advise the Association and City of the mediator's recommendation to
settle the grievance.
ARTICLE ICLE AMERICANS WITH I ISABILITIES ACT
Because the ADA requires accommodations for individuals protected under the Act, and because
these accommodations must be determined on an individual, case-by-case basis, the parties
agreed that the provisions of this agreement may be set aside in order for the City to avoid
discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment,
termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits,
training opportunities, hours of work or other terms and privileges of employment.
The Association recognizes that the City has the legal obligation to meet with the individual
employee to be accommodated before any adjustment is made in working conditions. The
Association will be notified of these proposed accommodations prior to implementation.
Any accommodation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Association
with written notice of its intent to set aside the provision, and will allow the Association the
opportunity to discuss options to setting aside of any provision.
ARTICLE E I DRUG AND ALCOHOL ABUSE POLICY
Section A. Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties
safely and efficiently, in the interests of their fellow workers and the public as
well as themselves.
Section B. Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or while
on duty; shall not utilize such substances when they have a reasonable expectation
of call in for duty; shall not possess, provide or sell illegal drugs to any other
employee or to any person while on duty; nor have their ability to work impaired
as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation
of this policy, the employee must notify his/her supervisor, before beginning
work, when taking medications or drugs (including the possible effects of taking
such medication and drugs) which could foreseeably interfere with the safe and
effective performance of duties or operation of equipment. In the event there is a
30
question regarding an ' employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from their
physician may be required.
The Association and the City specifically understand and agree that marijuana
remains a Class I controlled substance under federal law. The parties further
agree that despite the existence of conflicting state law, the City is entitled to
discipline an employee who tests positive for marijuana on a drug test imposed
pursuant to City policy, regulations, or federal/state law.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped
under federal and/or state law. Persons whose use of drugs or alcohol prohibits
them from performing the duties of their position, or whose use constitutes a
direct threat to property or the safety of others, are not considered handicapped
under federal or state law.
Section C. Application
This policy applies to all employees of the City of Baldwin Park. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal,
which could impair an employee's ability to effectively and safely perform the
functions of the job.
l anima ee ResWiL�LbLh ie,s: An employee must:
1. Refrain from the use of, or possession of, illegal drugs, including
marijuana or narcotics while on duty;
2. Not report to work while his/her ability to perform job duties is impaired
due to alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs, including
marijuana and prescription drugs without a prescription) during working
hours or at any time while on City property;
4. Not directly or through a third party sell or provide illegal drugs, including
marijuana to any person, including any employee, while either employee
or both employees are on duty;
5. Notify his/her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, including marijuana
prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of equipment;
31
6. Report to their supervisor of any criminal drug statute conviction no later
than five (5) days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs, including
marijuana or alcohol or engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance through their medical plans or
through other resources available in their community. While the City will be
supportive of those who seek help voluntarily, the City will be equally firm in
identifying and disciplining those who continue to be substance abusers and do
not seek help.
M�la,r��ent 1�.ta��t�sibila�i
1. Managers and supervisors are responsible for reasonable enforcement of
this policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute .to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already
underway as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the
provision of this policy. Medical information, if necessitated, will be
maintained by Personnel Services in separate, secured files. Information
will only be shared where there is a bona fide "need to know" by
management in instances where referrals, rehabilitation, medical leaves,
work accommodation, discipline or other employment related decisions
are affected.
6. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary
cases, Decisions made on such cases under this policy will be subject to
review by an individual's department head, and Personnel/Risk Manager.
32
ARTICLE XII SMOKE FREE WORKPLACE
Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace
will be amended to read as follows:
Section A. Purpose
The purpose of this policy is to set forth City Council direction in regard to
smoking by City employees in City facilities and to encourage non-smoking by
City employees in the workplace. This policy is necessary because such smoking
is recognized as a hazard to the health of smokers and non-smokers alike.
All employees must be aware of the provisions of City Council Ordinance No.
1232 which prohibits smoking by anyone in and around City -owned premises and
public parks and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or
leased and occupied, by the City of Baldwin Park for any municipal function, and
includes the entire site of the City -owned premises and all structures thereon. City
owned premises shall not include any public sidewalk adjacent to the site of City -
owned premises, nor any building owned in part by the Baldwin Park Successor
Agency (formerly Redevelopment Agency) which is also partly owned by private
individuals or Owner Participation Agreement. City -owned premises include, but
are not limited to, City Hall, the City Yard, and the site occupied by the City
Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled
by the City, and includes the entire site of the public park, all structures thereon,
and any public sidewalk adjacent to that site. Public park includes, but is not
limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center,
Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the
Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas
would include employee offices; rooms or hallways not normally open to the
public, employee lounges, and kitchens, lunchrooms and employee break rooms,
workstations, locker rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe,
cigar or cigarette or any other device used for the burning of tobacco or other
similar combustible material, so that the person in possession thereof can inhale
and exhale the smoke there from.. This definition specifically includes vaping,
the use of electronic cigarettes, or any equivalents thereto.
33
Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of City -owned buildings and City -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall
be directed to the Executive Team.
Section B. Procedure
The Maintenance Division shall be responsible for posting and maintaining all
signs in accordance with the standards approved by the Executive Team. Signs in
private offices shall be the responsibility of the office occupant. "No smoking"
signs shall be available from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby
charged with the implementation of and compliance with this policy. The
Executive Team is ultimately responsible for such implementation and
compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any
employee because such employee exercises any rights afforded by this policy.
Al TICLE X111 LIMITED RE4 OPENER,
ER,
The purpose of this reopener shall be limited, except as provided below, to proposed
modifications in existing MOU language. The reopener shall not result in any increase or
decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non -
compensation related policies and procedures. Notwithstanding the above limitations to the
subject matter of a reopener, a reopener may be requested where another City bargaining unit has
had a Cost of Living Adjustment.
The City shall provide written notice to the Association of its intent to invoke this section, and a
description of the precise language changes that are proposed. City -proposed language changes
shall not be implemented without completion of the meet and confer process and as appropriate,
completion -of any impasse -resolution procedures.
34
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum of Understanding the day, month and year noted.
GENERAL UNIT OF CITY
EMPLOYEES ASSOCIATION
Michael galas I re sca to we
David Morten
. ....._.., � _.._.....
sen, Representative
Date
35
CITY OF BALDIWN PARK
Manuel Lozano, Mayor
Date
Attachment #2
RESOLUTION NO. 2017-210
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BALDWIN PARK AND THE BALDWIN
PARK CLASSIFIED CONFIDENTIAL EMPLOYEES
ASSOCIATION (CCEA)
YEARS 2017 - 2020
WHEREAS, representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Baldwin Park Classified Confidential
Employees Association to make equitable adjustments to wages and other terms and
conditions of employment; and
WHEREAS, a Memorandum of Understanding prepared by said representatives has
been presented to the City Council for consideration and approval; and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the Mayor of
the City of Baldwin Park to sign the "Memorandum of Understanding" between the City of
Baldwin Park and the Baldwin Park Classified Confidential Employees Association (CCEA),
attached hereto as Exhibit A. The Memorandum of Understanding for employees
represented by the Baldwin Park Classified Confidential Employees Association is hereby
effective for the period from July 1, 2017, through June 30, 2020.
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause
this Resolution to become in full effect upon approval. The City Clerk shall forward a certified
copy of this adopted Resolution to each Department Head and Human Resources Manager
upon execution.
PASSED, APPROVED, AND ADOPTED this 6th day of December, 2017.
MANUEL LOZANO
MAYOR
Resolution No. 2017-210
CCEA MOU 2017-2020
Page 2
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 No. 2017-210 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 December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
CITY OVBALDWIN PARK
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TABLE OF CONTENTS
PREAMBLE..............................................................................,..............................................4
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING .................... .,... 4
ARTICLE II PARTIES AND RECOGNITION.................................................................4
Section A. Appropriate Unit ............................. ................ . . .. ...... .............. ..... 4
Section B. Terms of Agreement ...................... ....... . ......... .................. .......... ....... .. ...........4
Section C. Separability Provision ......... ......... ......... ........ ....o.... .............,,,,, ..,.v..,., ...,,..,,...4
Section D. No Strikeout/Lockout Clause........ ....... ..... ..............5
Section E. Non -Discrimination ............................. a.........,, , ...... ...,.,,,.., . ,,.... ........., ... ,,.,..,.5
ARTICLE III ASSOCIATION RIGHTS............................................................................6
SectionA. General-, ........ ......... ... ......,.. .,,..,..,,,.,,,.., ......,,, .,.,, ,,.. ,,.....,
Section B. Association Representatives 7
ARTICLE IV MANAGEMENT RIGHTS..........................................................................8
Section A. General ..................... , ...... ,.,,,,,,., , ,....,. ........, .... ,.,,.....,.8
ARTICLE V COMPENSATION AND SALARIES......................................................10
SectionA. Retirement ...................... ............ ......_......... . <..,,.,.. ..,,.,.,..., ...... ..,...,..,,,,10
SectionB. Salaries ................................. ......... ..... ............ ...___ ........... ...................... . ........11
SectionC. Bilingual Pay ..... ... .. ............ ..... ......... .................... ......... ........... . ...... ............11
Section D. Tuition Reimbursement....,, ..,..,d .. ......... ......... ....»,,,. ,.....,............ .,.,.,,,,.,..,.. ,...,.11
ARTICLEVI BENEFITS.................................................................................................12
Section A. Health Benefits/Cafeteria Plan,,,,,, ,,,,,,,,, ,,,,,,,,, ,,, . .........,,.12
SectionB. Life Insurance ............................... ..... ........ ......... ......... . ........ ......... .............13
Section C. Short Term/Long Term Disability ........... ......... ...........13
Section D. Deferred Compensation ......... ......... ......... ................. ............ 13
SectionE. Child Care ................. .................. ......... ........„....., ..... ,,.,,.. ..,,,,,,, .,,,..,.. 13
Section F. Retiree Health Care,. ..................... ......... ......... ..................... ................. ............13
ARTICLEVI HOURS............................................,........................,...,...................14
SectionA. Work Period ........................ ......... ......... ......... ......... ........ ....... .,,,,,,..14
Section B. Hours of Work ............... .. ................ ......... ........ ... ............... .......,15
Section C. Workday .................... 15
Section D. Overtime, Compensatory Time and Administrative Leave........................................15
SectionE. Holidays ..... ...... ....... ........,.,..,, ..., ......,.. ....,..., ....,.... ,..,.... .........................17
SectionF. Holiday Bank .............„.,.» ..,,.....,,.,, ,., ,,,,..,,,.,,.,,,,..,. ,... ......,,. ..,,.,...,,..,... .......... .w.18
ARTICLEII LEAVES........................................................................................................19
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SectionA. Sick Leave.. . . ..... ............. ... . . ........ ......... . ......w. ,,,,.,.... ,,....,. 19
SectionB. Vacation ................. .............p ,,.. .,..,,,rd,..., ...,...,.. ..,.,..., ,,,,,,..........,.., ,.,,,....,,,,19
Section C. Bereavement Leave . ......... ......... ................ ............. ......... ......... ....... ,.,,..21
Section D. Military Leave ........................ ..... ................ . ......... 21
SectionE. Jury Duty .............. I ................ ,.,,..... ........ ,,,,... ,... ... ..,,,.,,,. ,, .. , ,.,..., ,,..,.... ,...,,.21
Section F. Training/Conference Leave.... .......... ......... ........ ...... ,.... 21
SectionG. Injury on Duty ......... ......... . .................... ... .. .......,,.,,.... .,...,,.....,.........,,21
ARTICLE VIII POLICIES AND PROCEDURES.............................................................22
Section A.
Section B.
Section C.
Section D.
Section E.
Section F.
Section G.
Section H.
Written Warnings/Reprimands......................................
LayoffPolicy............................................................ ...
Emergency Preparedness Policy,.,.. ..
PersonnelRules .................. ......... ......... ......................
Labor/Management Committee....................................m
Pre -Employment Drug and Alcohol Testing ................a
..Y.. Rating ... ................. . ............». ,.., .......,, .....,,. , ,., .,..,..,,..,.. , ..,,..,.....
SalarySurvey....... ............ ... ........ . ............... . . . ........ ...... .............23
........... ,,.,,,22
......... .............22
........ ........ ...........23
.................................23
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ARTICLE IX GRIEVANCE PROCEDURE....................................................................23
SectionA. Definition..... .... ....................................................... . ....... ............. ...... ,...,....,.... ,23
SectionB. Procedure,__...... .... ......... ......... ............................................... ..................„..,..24
ARTICLE X AMERICANS WITH DISABILITIES ACT»...........................................26
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY............................................26
SectionA. Purpose ............................. ......... ......... ...... ........... ................. ............ ............26
SectionB. Policy ............. ......... ................... ................ . ... m..,.,,.................,.. .,.... .,.,........ ..,.,.26
SectionC. Application ............ .............. .............. ...a..,,.,,...,,. ......... ....____ ......... ..,.,..... .,,27
ARTICLE XII SMOKE FREE WORKPLACE................................................................28
SectionA. Purpose ........................... ............ ......... ......... ......... ........ ... .. .... .............29
Section B. Procedure. .... ........... ....... ......... .................... ,..,.... .......30
ARTICLE XIII LIMITED REOPENER ................. ........ .........................................30
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PREAMBLE
The City of Baldwin Park, a municipal corporation, and the Baldwin Park Classified
Confidential Employees Association, a recognized employee organization, have been meeting
and conferring in good faith consistent with -Section 3500 et seq., of the Government Code and
have reached agreement as a result of such meetings.
A 1111:JE I SCOPE OF MEMORANDUM OF Uri ERSTAN IN
It is the intent and purpose of the Memorandum to set forth mutually beneficial working and
economic relations between the parties hereto and to provide an orderly and peaceful means of
resolving any misunderstandings which may arise, and to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms and
conditions of employment.
AR 1,Q, , II PARTIES AND ECOGNITION
The Memorandum of Understanding is made and entered into between the Management
representatives of the City of Baldwin Park, hereinafter referred to as the "City" and
representatives of the Baldwin Park Classified Confidential Employees Association, hereinafter
referred to as the "Association", a formally recognized exclusive representative of the general
unit of City employees pursuant to the Meyers-Milias-Brown Act.
Section A. Appropriate Unit
The classifications covered by this unit are:
Executive Secretary
Human Resources Analyst II
Personnel Technician
Section B. Terms of Agreement
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective upon ratification of the City
Council and ending on June 30"', 2020.
Section C. Separability Provision
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court action of
competent jurisdiction, the remaining sections of this agreement shall remain in
full force and effect for the duration of said agreement. In the event any section of
this Memorandum is declared invalid, the City agrees to meet and confer with the
Association regarding the impact or implementation of the court order.
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Section D. No Strikeout/Lockout Clause
1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sickout, or any other job action withholding or refusing
to perform services.
2. Any employee who participates in any conduct prohibited in part 1 above
may be subject to disciplinary action up to and including discharge.
3. The City agrees that it will not lock out any employee at any time.
4. In the event that anyone or more officers, agents, representatives, or
members of the Association engage in any of the conduct prohibited in part
1 above, the Association shall immediately instruct any persons engaging in
such conduct that their conduct is in violation of this MOU and is unlawful
and they must immediately cease engaging in conduct prohibited in part 1
above and return to work.
Section E. Non -Discrimination
The provisions of the Memorandum shall be applied equally to all employees
without unlawful discrimination as to age, gender, marital status, race, color,
ancestry, religious creed, national origin, political affiliation or (when the nature
of work permits) physical handicap. Any violation of this by the recognized
employee organization shall also be subject to immediate correction and possible
loss of recognition.
All references to employees in this Memorandum designate all genders, and
whenever one gender is used it shall be construed to include both, where
appropriate.
Section F. Full Understanding, Modification, and Waiver
It is intended that this agreement sets forth the full and entire understanding of the
parties regarding matters set forth herein, and any other prior or existing
understanding or agreements by the parties, whether formal or informal, regarding
any such matters are superseded or terminated in their entirety.
Except as specifically provided herein; it is agreed and understood that both
parties voluntarily and unqualifiedly waives their right, and agree that the other
party shall not be required to negotiate with respect to any subject or matter
covered herein during the term of this agreement. Nothing contained herein shall
preclude the parties from mutually agreeing to meet and confer.
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Any agreement, alteration, understanding, variation, waiver, or modification of
any of the terms or provisions contained herein shall not be binding upon the
parties hereto unless made and executed in writing by all parties hereto, and if
required, approved and implemented by the City Council.
The waiver of any breach, term and or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE III ASSOCIATION RIGHTS
Section A. General
AssociatipLi_Qq l genc I�Collectio
During the term of this MOU, the City agrees to collect, through payroll
deduction, Association dues, agency fees and religious exemption fees from all
employees who have signed a written authorization and a copy of that
authorization has been provided to the Human Resources Department, The City
shall be held harmless by the Association in performing this responsibility.
New Hire Notification
All new hires in the Association shall be informed by the Human Resources
Department, at the time of hire that an Agency Shop agreement is in effect for this
classification.
In addition, the City will comply with AB 119 requirements as passed by the
California State Legislature and signed into law by Governor Brown on June 27,
2017.
Relit ous Exemption
Any employee who is a member of a bonafide religion, body, or sect who has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund
exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
Those fees shall be remitted by the City, at the choice of the employee, to one of
the following non -labor, non -religious charitable organizations: American Red
Cross or United Way.
To qualify, the employee must provide the Association; with a copy to the City, a
written statement of objection, along with verifiable evidence of membership in a
religious body as described above. The City will implement the change in status
within thirty (30) days unless notified by the Association that the requested
exemption is not valid.
n
i�tliout yl"f"cn orq , iD'lentOutoaf'D'it
Employees
m_ on an unpaid leave of absence or temporarily assigned out of the unit
shall be excused from paying dues, agency shop fees, or charitable contributions.
Inderniiification
The Association agrees to fully indemnify, defend, and hold harmless, the City, its
officers, employees, and agents against any claim, action, liability judgment or
settlement as a result of implementing and maintaining the agency shop
agreement.
Records
The Association shall keep an itemized record of its financial transactions and
shall make a detailed written annual financial report available to the City and all
the unit members. The Association certifies that is has adopted, implemented, and
will maintain constitutionally acceptable procedures to enable non-member
agency shop fee payers to meaningfully challenge the propriety of the uses to
which service fee funds are put in accordance with applicable law.
Section B. Association Representatives
1. The Association may designate one officer, board member and
representative, who shall be permitted to assist bargaining unit members in
the investigation, processing and presentation of grievances, disciplinary
actions, the meet and confer. process and all activity necessary to facilitate
the efficient resolution of any labor-management dispute.
2. The Association shall notify the City in writing of the names of all board
members, officers, and representatives who are authorized to represent the
employees in the bargaining unit.
3. The City agrees to grant reasonable access to employee work locations of
officially designated representatives for the purpose of processing
grievances in accordance with this Memorandum of Understanding. Each
representative, upon notification to his/her immediate supervisor, may be
permitted to leave his/her regular work location during work hours, for
reasonable periods of time to perform the following functions with pay:
a. To represent to a supervisor, a request for a grievance which the
representative has been requested by any employee, or group of
employees, to present to such a supervisor.
b. Investigate any request for adjustment of grievance in the
representative's division, and present such request for adjustment to
the supervisor of the employee who initiated the grievance request.
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C. Attend meetings with management when the representative's presence
is necessary to present the grievance for adjustment.
4. No representative shall leave his/her job or area of assignment while his/her
presence is necessary for the safe and effective operation of his/her job; the
determination to be made by the representative's immediate supervisor or
appointing authority.
5. Each representative shall report to his/her supervisor the time leaving his/her
work location to perform such duties as set forth herein. The representative
shall report to the supervisor immediately upon completion of these duties.
6. When the presence of a representative is desired by an employee, or group
of employees, for the presentation, investigation, and/or adjustment of a
grievance and/or dispute, the employee or group of employees shall make a
request to their immediate supervisor. The supervisor shall arrange for a
representative to be present as soon as possible, consistent with safe and
efficient operating requirements.
7, Prior to entering any area in the fulfillment of their duties set forth herein,
the representative shall notify the supervisor of that area of his/her presence
and the reason for his/her business in that area.
8. The City agrees that the representative shall not be hindered, coerced,
restrained or interfered with in the performance of their duties and
responsibilities provided in the Memorandum of Understanding.
9. The Association and the employer agree hereto that each will cooperate with
the other and reduce to a minimum the actual time spent by representatives
in the performance of their duties under this Memorandum of
Understanding.
ARTICLE IV MANAGEMENT RIGHTS
Section A. General
All management rights and functions, except those which are clearly and
expressly limited in this Memorandum of Understanding, shall remain vested
exclusively in the City. It is expressly recognized merely by way of illustration
and not by way of limitation that such rights and functions include, but are not
limited to:
1. Manage the City
2. Schedule work hours
3. Establish, modify, or change work schedules or standards
4. Institute changes in procedures
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5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline, or discharge any employee
6. Determine the location of any new facilities, buildings, departments,
divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing
of facilities, departments, or subdivisions thereof,
7. Determine services to be rendered
8. Determine the layout of buildings and equipment and materials to be used
therein
9. Determine processes, techniques, methods, and means of performing work
10. Determine the size and characteristics of the work force
11. Determine financial policy including accounting procedures
12. Determine the administrative organization of the system
13. Determine the process of selection, promotion, or transfer of employees
14. Determine the allocation and assignment of work to employees
15. Determine policy affecting the selection of new employees
16. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required
17. Determine administration of discipline
18. Determine control and use of City property, materials and equipment
19. Schedule work periods and determine the number and duration of work
periods
20. Establish, modify, eliminate or enforce rules and regulations
21. Place work with outside firms
22. Determine the methods and means by which such operations are to be
conducted
23. Require employees, where necessary, to take in-service training courses
during work hours
24. Determine duties to be included in any new and/or vacant job classification
25. Determine the necessity of overtime and the amount of overtime required
26. Take any necessary action to carry out the mission of the City in cases of an
emergency
27. Prescribe a uniform dress to be worn by designated employees
The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City,
the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of
judgment and discretion in connection therewith, shall be limited only by the specific and
express terms of this contract, and then only to the extent such specific and express terms are in
conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the exercise of
any of the above described rights of the City is not subject to the grievance provision unless any
such dispute is otherwise grievable under another Article of this agreement.
Except in emergencies, or where the City is required to make changes in its operations because
of the requirements of law, whenever the exercise of management's rights shall impact on
employees in the bargaining unit, the City agrees to meet and confer with representatives of the
Association, upon request by the Association, regarding the impact of the exercise of such rights,
unless the mater of the exercise of such rights is provided for in this Memorandum of
Understanding or in Personnel Rules and Salary Resolutions.
ARTICLE V COMPENSATION AND SALARIES
Section A. Retirement
L:,j ij2loyees hired Before :1anu°�2Qjj,
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2.7% @ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Military service credit as public service option (Government Code §21024);
4. 1959 Survivors Benefit Level I for which each employee contributes ninety-
three cents ($.93) per pay period (Government Code §21571);
5. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
6. 2% Annual Cost of Living Allowance (Government Code §21329)'
7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit
Level IV
8. $500 Retired Death Benefit
The City will pay 100% of the employer's contribution to the Ca1PERS retirement
program and provide retirement benefits as currently specified under the City's
contract with the California Public Employees' Retirement System.
In accordance with City Resolution 2015-094, effective October 25, 2015,
employees will pay 100% of the employee's member contribution to the
California Public Employees Retirement System (Ca1PERS). All such employee
contributions shall be deposited in the member's retirement account.
New CaIPERS Members Hired On or Aber January 1, 2013
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2% at 62 formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
4. Military Service Credit as Public Service (Government Code §21024)
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5. 1959 Survivors Benefit Level I for which each employee contributes ninety-
three cents ($.93) per pay period (Government Code §21571);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. Employees will pay 50% of the normal cost, currently 6.25% member
contribution to Ca1PERS;
8. The City agrees to contract with CaIPERS to include 1959 Survivors Benefit
Level IV
9. $500 Retired Death Benefit
Section B. Salaries
The City adopted a Seven Step Compensation Plan (5% between steps), which is
made a part hereof, and is on file with the Human Resources/ Risk Manager or
their designated representative(s) in the Human Resources Department. Such
Compensation Plan may be amended or revised at the discretion of the City
Council subject to the meet and confer process.
The following unadjusted base salary increases shall be provided to all
represented employees of this Association:
a) Retro -active to the first payroll period commencing on or after July
1,2017-2%
b) Effective the first payroll period commencing on or after July 1,
2018-2%
c) Effective the first payroll period commencing on or after July 1,
2019-2%
Section C. Bilingual Pay
The City shall pay an additional $100.00 per month to a person who is capable of
speaking reading and writing and/or interpreting the languages of Spanish,
Chinese, Japanese, Vietnamese, Tagalog, and American Sign Language.
Determination of capability shall be made by qualifying tests established by the
City. Re -testing of individuals will be required to determine bilingual capability in
the above stated languages. Only those individuals who score at the level of
"Good" or- better will be eligible for bilingual pay.
Section D. Tuition Reimbursement
Section 2.8 of the City's Personnel Rules and Regulations shall be amended to
provide that the tuition reimbursement described therein shall allow for
reimbursement eligibility for full time employees who have passed original
probation shall be in the amount not to exceed $1,500 per fiscal year.
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Personnel Rules §2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only for courses provided by an accredited
college or university and in a field of study reasonably related to the employee's
duties and which are deemed appropriate by the Executive Team.
Effective January 1, 2018, the maximum amount of tuition reimbursement shall
be increased to $2,000 per fiscal year.
ARTICLE VI BENEFITS
Section A. Health Benefits/Cafeteria Plan
Medical and Dental
The City will contribute to each employee in the bargaining group a sum not to
exceed $950.00 per month towards benefits as detailed in this section.
The employee is required to maintain a minimum coverage for him/herself in a
plan of their choice unless the employee can show proof that they have adequate
health insurance coverage through another source. In instances where the
employee's medical insurance premium is less than the City's monthly allowance,
such employee will have an option to have the excess monies placed towards an
existing benefit program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or family
coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Effective the first payperiod that includes January 1, 2018, the maximum amount
of monies that are eligible for cash out shall be capped at $950 per month.
Effective the first payperiod that includes December 1, 2017, the City's
contribution to medical and dental premiums shall be increased to $1050 per
month.
Effective the first payperiod that includes December 1, 2018, the City's
contribution to medical and dental premiums shall be increased to $1100 per
month.
Effective the first payperiod that includes December 1, 2019, the City's
contribution to medical and dental premiums shall be increased to $1200 per
month.
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Vision Plan Covera
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $34.05 per month. Any premium increase in
excess of $34.05 per month shall be absorbed by the employee.
Section B. Life Insurance
The City shall provide a $50,000 term life and AD&D insurance for each
employee.
Section C. Short Term/Long Term Disability
The City will pay 100% of the employee premium towards a short-term and long-
term disability program as provided by the City of Baldwin Park. The Plan
provides benefits commencing on the 31St day of a non -work related injury or
illness, and employees will be eligible to receive a maximum benefit of 66 2/3 of
their current base salary up to a maximum of $5,000 per month.
Section D. Deferred Compensation
The City currently offers two (2) established deferred compensation providers to
its employees. Deferred compensation is a voluntary program wherein employees
may elect to allocate salary to the City's 457 plans on a pre-tax basis in
accordance with the provisions of the plan. Effective upon ratification of this
contract, the City shall contribute $100.00 per month into a City sponsored
deferred compensation plan. Prior to any changes in the current
program/providers, the City agrees to meet in good faith with the CCEA as part of
the meet and confer process.
Section E. Child Care
The City's Before and After School Care (Latch Key) Program shall provide same
privileges to employees as residents of Baldwin Park. Section 125 Plan is
available for employee's use.
Section F. Retiree Health Care
L7'rnplpyggs 1fir d Before ,JUI rY 11.2015
For all employees hired prior to July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
22892. In addition, the City will also pay into the retiree's individual health
reimbursement account, or similar reimbursement plan, an amount equal to the
difference of the City's minimum employer contribution required by Government
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Code section 22892 and the premium cost for retiree -only coverage in the retiree's
chosen medical plan.
Eki to ees Hired 0 oI°.Iler_�CL,L�OL5
For all employees hired on or after July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to CalPERS that is required by Government Code section
22892. In addition, the City will make a contribution to the retiree's individual
health reimbursement account, or similar reimbursement plan, based upon the
employee's years of service to the City as follows:
6 to 10 full years of service: 20% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
11 to 15 full years of service: 40% of the premium cost for retiree only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
16 to 20 full years of service: 60% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
21 to 25 full years of service: 80% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to CaIPERS.
26 full years of service or more: 100% of the premium cost for retiree -only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
ARTI:CI.X V1 HOURS
Section A. Work Period
The work period for all employees within the bargaining group shall be seven (7)
days in length commencing on Sunday, at 12:O1a.m.
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Section B. Hours of Work
Employees assigned to a 4/10 work week shall work Monday through Thursday
7:30a,m, to 6:00p.m.
Section C. Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one-half (10 1/2) hours with nine hours and fifty minutes of work time and forty
(40) minutes as a non -paid unrestricted meal period. Meal periods shall be in
accordance with department administrative guidelines.
Employees working the 4/10 will be provided with two (2) ten (10) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest time is not cumulative beyond the scheduled workday within
which the break period occurs nor may it be used to extend lunch or shorten the
workday.
�sper.z ental Alterfl,atiye Work Scliedifles
The City agrees to implement an experimental 4/10 plan for all employees
assigned to City Hall.
The Association recognizes that the City may, at its sole discretion, end the 4/10
plan at any time. The termination of such 4/10 plan is not subject to the grievance
process or any other administrative review. The Association recognizes that the
4/10 plan is not a vested right in any manner, and that the termination of such
4/10 plan is not subject to the grievance process or any other administrative
review.
The parties have agreed that although the City shall have an unrestricted
management right to terminate any of the work schedules described in the MOU,
implementation of that management right shall result in the City engaging the
meet and confer process as to the effects of exercising its management rights.
Section D. Overtime, Compensatory Time and Administrative Leave
Overtime:
Positions in this unit that are not designated as FLSA-exempt are eligible for
overtime and will receive overtime pay or earn compensatory time in compliance
with FLSA regulations at the rate of 1.5 times the employee's base hourly salary
for authorized hours worked in excess of 40 in a 7 -day work week. Positions that
do not meet the standards for FLSA-exemption and are therefore eligible to
receive overtime are: Executive Secretary, Personnel (Human Resources)
Technicians.
15
In determining an employee's eligibility for overtime compensation or accrual
of compensatory time in a work period, paid leaves of absences and unpaid
leaves of absences shall be excluded from the total hours worked. Paid leave of
absences include, but are not limited to, the following:
Vacation Holiday Leave
Jury Duty Administrative Leave
Bereavement Leave Sick Leave
Military Leave Workers Compensation Leave (IOD)
Compensatory Leave
All overtime requests must have the prior written authorization of a supervisor
prior to the commencement of such overtime work. Where prior written
authorization is not feasible, explicit verbal authorization must be obtained.
Where verbal authorization is obtained, written authorization must be obtained
as soon thereafter as practicable. Dispatched calls beyond the end of duty time
are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal
authorization followed by written authorization, will result in the denial of the
overtime request.
Administrative Leave:
Exempt positions: Positions in this unit that are designated as FLSA-exempt will
not receive overtime. In recognition of this exemption, employees in FLSA-
exempt administrative positions will be provided forty (40) hours of
Administrative Leave on the first pay period of the fiscal year. The position that
meets the standards and is designated as FLSA-exempt is: Human Resources
Analyst II.
Unused administrative leave time balances at the end of each fiscal year, June 30,
will be paid during the following month of July with said time being calculated at
their then straight time hourly rate.
Non-exempt positions: Employees appointed to non-exempt confidential positions
before 07/01/17 will accrue thirty (30) hours of Administrative Leave at the
beginning of every fiscal year only while they hold the non-exempt confidential
position. They will not continue to accrue the leave when they transfer or
separate from said non-exempt confidential positions. Employees appointed to
non-exempt confidential positions after 07/01/17 will not accrue Administrative
Leave.
Unused administrative leave balances accrued by non-exempt confidential
positions will not carry-over to the next fiscal year, and not be subject to any cash
out whatsoever.
In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee in a non-exempt position may
elect the option of earning compensatory time, and shall have a cap of eighty (80)
hours placed on the accrual of compensatory time off.
The times during which an employee may take his/her compensatory time shall be
approved by the department head with due regard for the wishes of the employee
and for the needs of the service.
Payout Provision
On or before December 31 of each year, an employee shall reduce his/her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty
(40) hours shall be paid at the employee's current straight time rate unless
advance, written approval of the employee's department head and the Chief
Executive Officer is obtained to carry over all or part of the excess of forty (40)
hours.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty (80) hours or less at his/her straight time
hourly base rate.
Section E. Holidays
The City shall observe the following holidays:
New Year's Day- January 1st
President's Day- The third Monday in February
Memorial Day- The last Monday in May
Independence Day- July 4th
Labor :Day- The t'irst Monday in September
Veteran's Day- November l lth
Thanksgiving Day- The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80
schedules only)
Christmas Eve- December 24th
Christmas Day- December 25th
RlkomegmgSLJ ned to a 4/10 Work Schedule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will
not be observed on the preceding Wednesday or Thursday. If any of the holidays
fall on a Sunday, the Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited with ten (10)
hours of leave for observance of Martin Luther King Day and ten (10) hours
leave, for a total of twenty (20) hours.
17
C, its- I Nl Closure 2017:
There will be a one-time closure of City Hall on December 25-29, 2017. The
provided holiday hours for Christmas Eve and Christmas Day will be applied to
December 25 & 26, 2017 respectively.
The City will provide an additional 20 hours of holiday time for use on December
27 & 28, 2017 only. Exceptions may be made at Supervisor's discretion for the 20
hours to be used in payperiods 2 & 3 (ending January 27, 2018) if the employee is
unable to use the additional holiday hours on the specified dates due to work
assignments. The additional 20 hours of holiday time will not be accrued or
cashed out under any circumstances.
Section F. Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above stated set holidays fall on a Friday and/or Saturday. An employee will be
credited with an equivalent number of hours of holiday time ("holiday bank").
The above stated Floating Holidays will also be credited to the "holiday bank".
The above times during which an employee may take his/her holiday bank hours
shall be approved by the department head with due regard for the wishes of the
employee and for the needs of service. This leave shall be used in increments of
the employee's work schedule, e.g. 8, 9, 10, or 12 hours. Employees may also be
permitted to take holiday leave in hourly increments. Employees may accumulate
up to a maximum of one hundred (100) hours of holiday bank time.
PPout
If an employee, because of business necessity, is not able to utilize excess accrued
holiday bank hours, upon written request to, and approval of the department head,
an employee may be paid for any excess hours over their maximum holiday bank
hours accrual. Each January 1, such excess hours will be removed from the
employee's holiday bank hours accrual, calculated at their then straight time
hourly rate and placed in a holiday hours bank to be paid no later than June 30 of
the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he/she will have his/her
vacation leave and/or final paycheck reduced to reflect the excess holiday bank
time used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time
at his/her straight time rate.
18
ARTICLE E VII: LEAVES
Section A. Sick Leave
Every full-time employee represented by this agreement shall accrue sick leave
beginning the first full pay period of employment at the rate of 3.693 hours for
each pay period of service completed with the City.
In cnCivc Paaq Li
Each eligible employee shall elect their maximum sick leave hours accrual.
Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level
that is at a higher level than their closest currently accrued sick leave hours, they
may do so. The maximum accrual elected by the eligible employee will be
irrevocable.
Once the election is made by the employee, such excess hours will be removed
from the employee's sick leave hours accrual, calculated at their then straight time
hourly rate and placed into a sick leave hours bank to be paid at 75% of the total
value, with the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Section B. Vacation
Employees will be entitled to utilize accrued vacation leave after completion of
six (6) months continuous employment with the City. Employees may be eligible
to utilize accrued vacation leave at an earlier time, upon written request to and
approval of their department head.
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the
employee and for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of
the department head use vacation leave in lesser increments during the calendar
year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave with approval of the
department head. A vacation period is defined as the maximum amount of
vacation leave accrued by an employee in any calendar year.
M1
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
1. Employees having less than five (5) years of employment (vacation
accrual = 96 hours per year-), the maximum amount of vacation that may
be accumulated shall be 192 hours.
2. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual = 120 hours per year), the maximum
amount of vacation that may be accumulated shall be 240 hours.
3, Employees having more than ten (10) years but less than fifteen (15) years
of employment (vacation accrual = 144 hours per year), the maximum
amount of vacation that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15) years but less than twenty (20)
years of employment (vacation accrual = 168 hours per year), the
maximum amount of vacation that may be accumulated shall be 336
hours.
Employees having more than twenty (20) years of employment (vacation
accrual = 192 hours per year), the maximum amount of vacation that may
be accumulated shall be 3 84 hours.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an
employee will be given an extension in order to take his/her vacation. In cases
where the employee forfeits vacation leave time at the request of the City, upon
approval of the Chief Executive Officer or designated representative(s), said
employee shall be compensated for forfeited vacation leave time at the employee's
current rate of pay. It is the employee's responsibility to schedule vacation time
well in advance to avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours accrual for the calendar year to assist them in the
reduction of excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
20
Section C. Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent
of their workweek per incident, as needed, because of a death in their immediate
family.
Immediate family shall mean and include only:
Employee's: spouse, children, brothers, sisters, parents, grandparents, step-
children, foster children, grandchildren, and State registered domestic partners.
Spouse's: Parents, and grandparents
Said time will not be cumulative from one twelve (12) month period to another
nor will pay in lieu of unused leave for bereavement is provided.
Section D. Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leaves extends
beyond the employee's regularly scheduled workweek.
Section E. Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel
Rules shall not be granted additional compensation when such leave extends
beyond the employee's regularly scheduled workweek.
Section F. Training/Conference Leave
When an employee is scheduled to attend a conference or training program
Monday through Friday, his/her work hours will be 8:OOam to S:OOpm Monday
through Friday so there is no issue that he/she is eligible for overtime while
attending the conference or training.
Section G. Injury on Duty
Any employee who is injured within the scope of employment with the City will
receive workers' compensation benefits as provided under the California Labor
Code. While any employee is on an injury on duty (IOD) status, his/her work
hours will be consistent with their regular scheduled work shift, so there will not
be an issue or conflict regarding said employee's eligibility for overtime while
receiving treatment or keeping doctor's appointments.
21
1 idtistrial Cnjoir...Betiefits
This language shall supersede the language in City Personnel Rule Section 11.5
which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Any non -sworn (non -peace officer) employee injured in the course and scope of
employment and whose injuries are subject to the Workers' Compensation laws of
the State of California, shall be eligible to receive only those benefits provided to
non -sworn (non -peace officer) employees by the Workers' Compensation laws.
AR 1`lf: LE VIII POLE." S AND PROCEDURES
Section A. Written Warnings/Reprimands
Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of
administrative appeal shall be the Executive Team. An employee shall have the
right to attach a written rebuttal to any written warning/reprimand placed in
his/her personnel file.
A written warning/reprimand may be removed from an employee's personnel file,
upon written request to and written approval from their department head, if he/she
has not been involved in any subsequent incidents that resulted in written
corrective counseling or other management action for a period of five (5) years
from the date the most recent notice was issued or management action taken.
Section B. Layoff Policy
The parties agree to continue the meet and confer process on the City's current
Layoff Policy, contained in Section 13 of the Personnel Rules. Any language
changes to the current Section will be submitted by the Association prior to the
commencement of the meet and confer process.
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees in the CCEA will be entitled to a minimum of three (3)
months health, dental and vision benefits paid for by the City, if a layoff takes
place.
Section C. Emergency Preparedness Policy
The parties agree to continue the meet and confer process on the "Emergency
Preparedness Policy", including specifics as to when bargaining unit members
should respond before or after their normal work shift.
22
Section D. Personnel Rules
During the term of this agreement, both parties agree to meet and confer on the
content and implementation of new and/or revised Personnel Rules and
Regulations as needed.
Section E. Labor/Management Committee
The City agrees to maintain a labor/management committee for discussion of
general issues of mutual concern to the City and the Association.
Section F. Pre -Employment Drug and Alcohol Testing
The parties agree that all new hires, effective the date this agreement is signed,
will be subject to pre-employment alcohol and drug testing. Employment will be
contingent upon the results of this testing.
Section G. "Y" Rating
"Y" rate exists when an employee's salary is frozen at the present level until such
time as subsequent general salary increases catch up with or exceed the
employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at
"step Y" until such time as the position is assigned to a salary range in which the
last step is equivalent to or higher than the "step V. Such employee shall not
receive salary adjustments until such time as "Step Y" is equivalent or less than
Step 7 of the salary range of the employee's position.
Section H. Salary Survey
The City and Association agree, during the term of this MOU, to collect and
compile salary survey data on classifications represented by the Association with
respect to agencies comparable to Baldwin Park.
ARTICLE IX GRIEVANCE CE PRO EDU .
Section A. Definition
A "grievance" is a formal, written allegation by a grievant that he/she has been
adversely affected by an existing violation, misinterpretation or misapplication of
the specific provisions of the Memorandum of Understanding and/or provisions of
the Personnel Rules and Regulations. Other matters for which a special method of
review is provided by law, ordinance, resolution, or by administrative regulations
and procedures of this City, are not within the scope of this procedure.
23
Section 15 of the Personnel Rules shall be modified by this agreement to provide
the utilization of the grievance procedure for those employees who receive
performance evaluations rated at the level of marginal and/or unsatisfactory. This
amendment of Section 15 shall apply only to the members of the General Unit of
Clerical Employees Association.
Section B. Procedure
Informal Resolution
Every effort shall be made to resolve a grievance through discussion between the
employee and his/her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any subsequent
discrimination against employees who may seek to adjust a grievance. Every
effort should be made to find an acceptable solution at the lowest level of
supervisor. Within fifteen (15) calendar days after a grievant knew, or by
reasonable diligence should have known, of the condition upon which a grievance
may be based, the grievant shall attempt to resolve it by an informal conference
with 'the grievant' s immediate supervisor. The immediate supervisor shall
respond, in writing, within (7) calendar days of the discussion with the grievant. If
the immediate supervisor does not respond within such time lime the grievant
shall be entitled to process the grievance to the next step.
If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) calendar days from the date of receiving the
answer from his/her supervisor, request and be granted an interview with the
division head, if one exists, in order to discuss the grievance. The Division Head
shall schedule an interview within (5) calendar days of the grievant's request.
After the interview, the Division Head shall respond, in writing, within seven (7)
calendar days of the interview with the Grievant. If the Division Head does not
respond within such time limit the grievant shall be entitled to process the
grievance to the next step.
If the division head and employee cannot reach a solution to the grievance, the
employee may, within seven (7) calendar days from the date of receiving the
answer from the division manager, request, in writing, and be granted an
interview with the appointing authority. The appointing authority, or its
representative, shall schedule an interview within five (5) calendar days of the
grievant's request.
The appointing authority shall render his/her decision in writing within fifteen
(15) calendar days of receiving the appeal. If the appointing authority and
employee are unable to arrive at a satisfactory solution, the employee may, within
ten (10) calendar days from the date of the decision by the appointing authority,
submit a written appeal to the Executive Team.
24
The Executive Team shall review the grievance and respond to the employee
within twenty (20) calendar days of receiving the appeal. The response shall be in
writing and will be considered an expression of management's viewpoint, and
shall be the final administrative state of review.
If the time limits for employees' appeals at any step should elapse, the grievance
shall be considered withdrawn. Time limits may be extended by mutual consent.
If the City fails to respond within the prescribed time limits, the grievance will be
deemed to have been denied and the employee may go to the next step. If the
Executive Team fails to respond within the prescribed time limit, the grievance
will be deemed to have been denied and the employee will be deemed to have
exhausted his/her administrative remedy.
The employee may request the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level of review.
Employees shall be assured freedom from reprisal for using the grievance
procedure.
Standard Grievance. Morin
The City and the Association agree to create, prepare and implement a standard
grievance form for use by all affected classifications represented by the
Association.
Grievance Mediation
Either the employee or the Association may request the grievance be submitted to
mediation prior to a decision being issued by the Executive Team. Upon request
to mediate the grievance, the City shall make the formal, written request for a
mediator from the California State Mediation and Conciliation Service. The
choice of a mediator must be approved by both the Association and City before
mediation may begin.
If the employee or the Association requests that the grievance be submitted to
mediation prior to a decision being issued by the Executive Team, then the
employee and/or Association shall pay any costs associated with the mediation.
If the grievance was mediated and resolved, the mediator shall be requested to
provide a written summary of the outcome; a description of the dispute and the
resolution reached by the parties.
If the grievance was mediated and not resolved, the mediator shall be requested to
render a written, advisory opinion letter to the Association and City .within 15
calendar days of the final mediation session. This opinion is non-binding and is
intended to advise the Association and City of the mediator's recommendation to
settle the grievance.
25
ARTICLE E AMERICANS TII.DISABILITIES ACT
Because the ADA requires accommodations for individuals protected under the Act, and because
these accommodations must be determined on an individual, case-by-case basis, the parties
agreed that the provisions of this agreement may be set aside in order for the City to avoid
discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment,
termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits,
training opportunities, hours of work or other terms and privileges of employment.
The Association recognizes that the City has the legal obligation to meet with the individual
employee to be accommodated before any adjustment is made in working conditions, The
Association will be notified of these proposed accommodations prior to implementation.
Any accommodation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Association
with written notice of its intent to set aside the provision, and will allow the Association the
opportunity to discuss options to setting aside of any provision.
ARTICLE X1 DRUG AND ALCOHOL ABUSE POLICY
Section A. Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties
safely and efficiently, in the interests of their fellow workers and the public as
well as themselves.
Section B. Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or while
on duty; shall not utilize such substances when they have a reasonable expectation
of call in for duty; shall not possess, provide or sell illegal drugs to any other
employee or to any person while on duty; nor have their ability to work impaired
as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation
of this policy, the employee must notify his/her supervisor, before beginning
work, when taking medications or drugs (including the possible effects of taking
such medication and drugs) which could foreseeably interfere with the safe and
effective performance of duties or operation of equipment. In the event there is a
question regarding an employee's ability to safely and effectively perform
26
assigned duties while using such medications or drugs, clearance from their
physician may be required.
The Association and the City specifically understand and agree that marijuana
remains a Class I controlled substance under federal law. The parties further
agree that despite the existence of conflicting state law, the City is entitled to
discipline an employee who tests positive for marijuana on a drug test imposed
pursuant to City policy, regulations, or federal/state law.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped
under federal and/or state law. Persons whose use of drugs or alcohol prohibits
them from performing the duties of their position, or whose use constitutes a
direct threat to property or the safety of others, are not considered handicapped
under federal or state law.
Section C. Application
This policy applies to all employees of the City of Baldwin Park. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal,
which could impair an employee's ability to effectively and safely perform the
functions of the job.
LgnFlo cc l:.consib litITs: An employee must:
1. Refrain from the use of, or possession of, illegal drugs, including marijuana
or narcotics while on duty;
2. Not report to work while his/her ability to perform job duties is impaired due
to alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs, including
marijuana and prescription drugs without a prescription) during working
hours or at any time while on City property;
4. Not directly or through a third party sell or provide illegal drugs, including
marijuana to any person, including any employee, while either employee or
both employees are on duty;
5. Notify his/her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, including marijuana,
prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later
than five (5) days after such conviction;
27
7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs, including
marijuana or alcohol or engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance through their medical plans or
through other resources available in their community. While the City will be
supportive of those who seek help voluntarily, the City will be equally firm in
identifying and disciplining those who continue to be substance abusers and do
not seek help.
1 �
.!,,gement Responsibilities
1. Managers and supervisors are responsible for reasonable enforcement of this
policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already underway
as a medical situation, subject to current medical leave policies.
To maintain strict confidentiality on all matters arising under the provision of
this policy. Medical information, if necessitated, will be maintained by
Personnel Services in separate, secured files. Information will only be shared
where there is a bona fide "need to know" by management in instances where
referrals, rehabilitation, medical leaves, work accommodation, discipline or
other employment related decisions are affected.
6. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases.
Decisions made on such cases under this policy will be subject to review by
an individual's department head, and Personnel/Risk Manager.
ARTICLE XII SMOKE FREE WORKPLACE
Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace
will be amended to read as follows:
28
Section A. Purpose
The purpose of this policy is to set forth City Council direction in regard to
smoking by City employees in City facilities and to encourage non-smoking by
City employees in the workplace. This policy is necessary because such smoking
is recognized as a hazard to the health of smokers and non-smokers alike.
All employees must be aware of the provisions of City Council Ordinance No.
1232 which prohibits smoking by anyone in and around City -owned premises and
public parks and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or
leased and occupied, by the City of Baldwin Park for any municipal function, and
includes the entire site of the City -owned premises and all structures thereon. City
owned premises shall not include any public sidewalk adjacent to the sit of City -
owned premises, nor any building owned in part by the Baldwin Park
Redevelopment Agency which ios also partly owned by a private individuals or
Owner Participation Agreement. City -owned premises include, but are not limited
to, City Hall, the City Yard, and the site occupied by the City Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled
by the City, and includes the entire site of the public park, all structures thereon,
and any public sidewalk adjacent to that site. Public park includes, but is not
limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center,
Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the
Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas
would include employee offices; rooms or hallways not normally open to the
public, employee lounges, and kitchens, lunchrooms and employee break rooms,
workstations, locker rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe,
cigar or cigarette or any other device used for the burning of tobacco or other
similar combustible material, so that the person in possession thereof can inhale
and exhale the smoke there from. This definition specifically includes vaping, the
use of electronic cigarettes, or any equivalents thereto.
Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of City -owned buildings and City -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall
be directed to the Executive Team.
29
Section B. Procedure
The Maintenance Division shall be responsible for posting and maintaining all
signs in accordance with the standards approved by the Executive Team. Signs in
private offices shall be the responsibility of the office occupant. "No smoking"
signs shall be available from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby
charged with the implementation of and compliance with this policy. The
Executive Team is ultimately responsible 'for such implementation and
compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or, in any manner retaliate against any
employee because such employee exercises any rights afforded by this policy.
ARTICLE XIII LIMFrED IIEOPENF.R
The purpose of this reopener shall be limited, except as provided below, to proposed
modifications in existing MOU language. The reopener shall not result in any increase or
decrease in compensation, but shall be utilized to address any' MOU ambiguities and/or non -
compensation related policies and procedures. Notwithstanding the above limitations to the
subject matter of a reopener, a reopener may be requested where another City bargaining unit has
had a Cost of Living Adjustment.
The City shall provide written notice to the Association of its intent to invoke this section, and a
description of the precise language changes that are proposed. City -proposed language changes
shall not be implemented without completion of the meet and confer process and as appropriate,
completion of any impasse -resolution procedures.
Wil]
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum of Understanding the day, month and year noted.
CLASSIFIED CONFIDENTIAL
EMPLOYEES ASSOCIATION
Joan a Espinosa, presentative
_....
Melissa 7 rtrjtilo, Representative
Dat:
31
CITY OF BALDWIN PARK
Manuel Lozano, Mayor
Date
��� *�;: ,.W�,.
RESOLUTION NO. 2017-211
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BALDWIN PARK AND THE BALDWIN
PARK CLASSIFIED MANAGEMENT EMPLOYEES
ASSOCIATION (CMEA)
YEARS 2017 - 2020
WHEREAS, representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Baldwin Park Classified
Management Employees Association to make equitable adjustments to wages and other terms
and conditions of employment; and
WHEREAS, a Memorandum of Understanding prepared by said representatives has
been presented to the City Council for consideration and approval; and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the Mayor of
the City of Baldwin Park to sign the "Memorandum of Understanding" between the City of
Baldwin Park and the Baldwin Park Classified Management Employees Association (CMEA),
attached hereto as Exhibit A. The Memorandum of Understanding for employees
represented by the Baldwin Park Classified Management Employees Association is hereby
effective for the period from July 1, 2017, through June 30, 2020.
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause
this Resolution to become in full effect upon approval. The City Clerk shall forward a certified
copy of this adopted Resolution to each Department Head and Human Resources Manager
upon execution.
PASSED, APPROVED, AND ADOPTED this 6th day of December, 2017,
MANUEL LOZANO
MAYOR
Resolution No. 2017-211
CMEA MOU 2017-2020
Page 2
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 No. 2017-211 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 December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:.
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
am:
BALDWIN PARK CLASSIFIED
MANAGEMENT EMPLOYEES
ASSOCIATION (CME A)
0 F
SANG ,R,,,iEL
Y',
V'A L E
J ASO
wtil-w-alwill) NO 11,11. ho -1
TABLE OF CONTENTS
PREAMBLE................................................................................................................................... 4
ARTICLE I
SCOPE OF MEMORANDUM OF UNDERSTANDING ..............................4
ARTICLE II
PARTIES AND RECOGNITION.................................................................4
SectionA.
Appropriate Unit............................................................................................4
Section B.
Terms of Agreement ............... .„........... ... ,., .,...,.,.... ,....... ............ ___ .......4
Section C.
Separability Provision .......................... ...,........,M,,...,............. ____ ...............4
Section D.
No Strikeout/Lockout Clause.........................................................................5
Section E.
Non-Discrimination......................................................................................5
Section F.
Full Understanding, Modification, and Waiver............................................5
ARTICLE III
ASSOCIATION RIGHTS.............................................................................6
SectionA.
Agency Shop Agreement................................................................................6
Section B.
Association Representatives ....................................,....,. .................. _.___7
ARTICLE IV
MANAGEMENT RIGHTS...........................................................................9
SectionA.______ ................. ................................................................... ...... ........9
ARTICLE V
COMPENSATION AND SALARIES........................................................10
SectionA.
Retirement ............... ........................................ .............. ..........................
10
SectionB.
Salaries . .......................................................................... ....................11
SectionC.
Bilingual Pay__ ......................... ...... .................... ,,.,,..,............ .........
11
Section D.
Tuition Reimbursement ............................ ........ ................. ............12
Section E.
Monthly Phone Allowance .................... ..,, ........,. ,.,..........,.... ...,.,..,12
ARTICLEVI
BENEFITS....................................................................................................12
Section A.
Health Benefits/Cafeteria Plan.,.. ... ................... ........ ,. ...12
Section B.
Life Insurance.,,.. .......... ............. ................................13
Section C.
Short Term/Long Term Disability ......... ................ .......„.......... .....W......13
Section D.
Deferred Compensation .......................... ,...,.,, ........ _____13
SectionE.
Child Care .................................... ........................... .............. ...., ........,..„.14
Section F.
Retiree Health Care.. ...... .......... ........
ARTICLEVI
HOURS..........................................................................................................15
SectionA.
Work Period ...,..... ..... _ ..., ,...,. .. ............................................15
SectionB.
Hours of Work............................................................................... ..............15
SectionC.
Workday ........................... ......... . ...............,,.......,.., ..,...... ,..,,..,.,.,...., ....15
Section D.
Administrative Leave, .... ........... ............ ...........................
16
SectionE.
Holidays ............................... ............................ .... ...........................16
Section F.
Holiday Bank_ .................. ........... ...... .. .......m........................17
ARTICLEVII
LEAVES........................................................................................................18
SectionA.
Sick Leave....................................................................................................18
SectionB.
Vacation .................................................... ....................... ......... ...........18
SectionC.
Bereavement Leave ............ ..............M....,..,, .. ,..,..,. ,.,,........... ...,.......20
Section D.
Military Leave .................. .................. ................... ......... ......................20
SectionE.
Jury Duty ................................... .......... .................. ..............................20
Section F.
Training/Conference Leave ,...,.... „........ .................. ......... ......... ..........20
SectionG.
Injury on Duty .......... .... ... .................w .„..,........,..., ......... ,....,, ..,,,.,,...,.21
ARTICLE VIII
POLICIES AND PROCEDURES.............................................................21
Section A.
Written Warnings/Reprimands............ ......... ........ ...........„...,.............,..®21
SectionB.
Layoff Policy .................................................. ......... .......„, .,..,..... ,.,........21
►J
Section C. Emergency Preparedness Policy., . ........ ...... ___ .... ......... __ ..... _ ...... 22
Section D.
Personnel Rules ........ ...... _... ...... ,....... ...,....,...., ..........w......,,.. ,..... ..........22
Section E.
Labor/Management Committee...................................................................22
Section F.
Pre -Employment Drug and Alcohol Testing...............................................22
SectionG.
"Y" Rating....................................................................................................22
Section H.
Salary Survey ............................. .........„,...,,........,...,,..,...,........ ...........22
ARTICLE IX
GRIEVANCE PROCEDURE.....................................................................23
SectionA.
Definition..............................................................................................®..,......23
SectionB.
Procedure .................. ............................. .................. ........ ,............23
ARTICLE X
AMERICAN'S WITH DISABILITIES ACT............................................25
ARTICLE XI
DRUG AND ALCOHOL ABUSE POLICY..............................................25
SectionA.
Purpose............................................................... ................. ......... ..........25
SectionB.
Policy...,.....,_.., .............. ......... ......... ,..,.....,..,...... .,.w.,..,.......,..,..26
SectionC.
Application ................................................................ ......... ...... ............26
ARTICLE XII
SMOKE FREE WORKPLACE..................................................................28
SectionA.
Purpose...........................................................................................................28
SectionB.
Procedure... .... __ .......... __ ..................,,...,........... ....... ___ .................,29
ARTICLE XIII
LIMITED REOPENER..............................................................................29
0
PREAMBLE
The City of Baldwin Park, a municipal corporation, and the Baldwin Park Classified
Management Employees Association, a recognized employee organization, have been meeting
and conferring in good faith consistent with Section 3500 et seq., of the Government Code and
have reached agreement as a result of such meetings.
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING
It is the intent and purpose of the Memorandum to set forth mutually beneficial working and
economic relations between the parties hereto and to provide an orderly and peaceful means of
resolving any misunderstandings which may arise, and to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms and
conditions of employment.
ARTICLE' 1J, PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management
representatives of the City of Baldwin Park, hereinafter referred to as the "City" and
representatives of the Baldwin Park Classified Management Employees Association, hereinafter
referred to as the "Association", a formally recognized exclusive representative of the general
unit of City employees pursuant to the Meyers-Milias-Brown Act.
Section A. Appropriate Unit
The classifications covered by this unit are:
Assistant Accounting Manager
Building Official/ Plan Check Supervisor
Engineering Manager
Section B. Terms of Agreement
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective upon ratification of the City
Council and ending on June 30", 2020,
Section C. Separability Provision
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court action of
competent jurisdiction, the remaining sections of this agreement shall remain in
full force and effect for the duration of said agreement. In the event any section of
4
this Memorandum is declared invalid, the City agrees to meet and confer with the
Association regarding the impact or implementation of the court order,
Section D. No Strikeout/Lockout Clause
1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sickout, or any other job action withholding or refusing to
perform services.
2. Any employee who participates in any conduct prohibited in part 1 above may
be subject to disciplinary action up to and including discharge.
3. The City agrees that it will not lock out any employee at any time.
4. In the event that anyone or more officers, agents, representatives, or members
of the Association engage in any of the conduct prohibited in part 1 above, the
Association shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this MOU and is unlawful and they must
immediately cease engaging in conduct prohibited in part 1 above and return
to work.
Section E. Non -Discrimination
The provisions of the Memorandum shall be applied equally to all employees
without unlawful discrimination as to age, gender, marital status, race, color,
ancestry, religious creed, national origin, political affiliation or (when the nature
of work permits) physical handicap. Any violation of this by the recognized
employee organization shall also be subject to immediate correction and possible
loss of recognition.
All references to employees in this Memorandum designate all genders, and
whenever one gender is used it shall be construed to include both, where
appropriate.
Section F. Full Understanding, Modification, and Waiver
It is intended that this agreement sets forth the full and entire understanding of the
parties regarding matters set forth herein, and any other prior or existing
understanding or agreements by the parties, whether formal or informal, regarding
any such matters are superseded or terminated in their entirety.
Except as specifically provided herein; it is agreed and understood that both
parties voluntarily and unqualifiedly waives their right, and agree that the other
party shall not be required to negotiate with respect to any subject or matter
covered herein during the term of this agreement. Nothing contained herein shall
preclude the parties from mutually agreeing to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of
any of the terms or provisions contained herein shall not be binding upon the
parties hereto unless made and executed in writing by all parties hereto, and if
required, approved and implemented by the City Council.
The waiver of any breach, term and or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
A "11:''LE III ASSOC1A`I'If)l" 1 1G1-1TS
Section A. Agency Shop Agreement
The City and Association mutually understand and agree that in accordance with
State of California law, per adoption of SB 739, and the Agency Shop election
previously held, a simple majority of ballots cast by regular employees in
classifications represented by the Association voted to be covered by an Agency
Shop agreement. As a result of the Agency Shop election, as a condition of
continued employment, this Agency Shop agreement hereby requires that all
bargaining unit employees:
a) Elect to join the Association and pay Association dues
b) Pay an agency fee for representation
c) Or with a religious exemption, pay a fee equal to the agency fee to be
donated to selected charities.
The following agency shop provision will be implemented, in conformity with
California Government Code Section 3502.5 and applicable law.
Association 1: ues1A&l e�llec ion
During the term of this MOU, the City agrees to collect, through payroll
deduction, Association dues, agency fees and religious exemption fees from all
employees who have signed a written authorization and a copy of that
authorization has been provided to the Human Resources Department. The City
shall be held harmless by the Association in performing this responsibility.
New Hire Notification
All new hires in the Association shall be informed by the Human Resources
Department, at the time of hire that an Agency Shop agreement is in effect for this
classification.
In addition, the City will comply with A131 19 requirements as passed by the
California State Legislature and signed into law by Governor Brown on June 27,
2017.
RA 8_i2aL E'_IXeMpt 011
Any employee who is a member of a bonafide religion, body, or sect who has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund
exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
Those fees shall be remitted by the City, at the choice of the employee, to one of
the following non -labor, non -religious charitable organizations: American Red
Cross or United Way.
To qualify, the employee must provide the Association, with a copy to the City, a
written statement of objection, along with verifiable evidence of membership in a
religious body as described above. The City will implement the change in status
within thirty (30) days unless notified by the Association that the requested
exemption is not valid.
J:.eave ith m�;,it Tay 'Tei, �
rorgt A ,si _e Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit
shall be excused from paying dues, agency shop fees, or charitable contributions
Indemnification
The Association agrees to fully indemnify, defend, and hold harmless, the City, its
officers, employees, and agents against any claim, action, liability judgment or
settlement as a result of implementing and maintaining the agency shop
agreement.
Records
The Association shall keep an itemized record of its financial transactions and
shall make a detailed written annual financial report available to the City and all
the unit members. The Association certifies that is has adopted, implemented, and
will maintain constitutionally acceptable procedures to enable non-member
agency shop fee payers to meaningfully challenge the propriety of the uses to
which service fee funds are put in accordance with applicable law.
Section B. Association Representatives
1. The Association may designate one officer, board member and representative,
who shall be permitted to assist bargaining unit members in the investigation,
processing and presentation of grievances, disciplinary actions, the meet and
confer process and all activity necessary to facilitate the efficient resolution of
any labor-management dispute.
2. The Association shall notify the City in writing of the names of all board
members, officers, and representatives who are authorized to represent the
employees in the bargaining unit.
3. The City agrees to grant reasonable access to employee work locations of
officially designated representatives for the purpose of processing grievances
in accordance with this Memorandum of Understanding. Each representative,
upon notification to his/her immediate supervisor, may be permitted to leave
his/her regular work location during work hours, for reasonable periods of
time to perform the following functions with pay:
a. To represent to a supervisor, a request for a grievance which the
representative has been requested by any employee, or group of
employees, to present to such a supervisor.
b. Investigate any request for adjustment of grievance in the
representative's division, and present such request for adjustment to
the supervisor of the employee who initiated the grievance request.
c. Attend meetings with management when the representative's presence
is necessary to present the grievance for adjustment.
4. No representative shall leave his/her job or area of assignment while his/her
presence is necessary for the safe and effective operation of his/her job; the
determination to be made by the representative's immediate supervisor or
appointing authority.
5. Each representative shall report to his/her supervisor the time leaving his/her
work location to perform such duties as set forth herein. The representative
shall report to the supervisor immediately upon completion of these duties.
6. When the presence of a representative is desired by an employee, or group of
employees, for the presentation, investigation, and/or adjustment of a
grievance and/or dispute, the employee or group of employees shall make a
request to their immediate supervisor. The supervisor shall arrange for a
representative to be present as soon as possible, consistent with safe and
efficient operating requirements.
7. Prior to entering any area in the fulfillment of their duties set forth herein, the
representative shall notify the supervisor of that area of his/her presence and
the reason for his/her business in that area.
8. The City agrees that the representative shall not be hindered, coerced,
restrained or interfered with in the performance of their duties and
responsibilities provided in the Memorandum of Understanding.
9. The Association and the employer agree hereto that each will cooperate with
the other and reduce to a minimum the actual time spent by representatives in
the performance of their duties under this Memorandum of Understanding.
8
ARTICLE IV MA; AGEMEN NIGHTS
Section A. General
All management rights and functions, except those which are clearly and
expressly limited in this Memorandum of Understanding, shall remain vested
exclusively in the City. It is expressly recognized merely by way of illustration
and not by way of limitation that such rights and functions include, but are not
limited to:
1. Manage the City
2. Schedule work hours
3. Establish, modify, or change work schedules or standards
4. Institute changes in procedures
5. Direct the work force, including the right to hire, promote, demote,
transfer, suspend, discipline, or discharge any employee
6. Determine the location of any new facilities, buildings, departments,
divisions, or subdivisions thereof, and the relocation, sale, leasing, or
closing of facilities, departments, or subdivisions thereof.
7. Determine services to be rendered
8. Determine the layout of buildings and equipment and materials to be used
therein
9. Determine processes, techniques, methods, and means of performing work
10. Determine the size and characteristics of the work force
11. Determine financial policy including accounting procedures
12. Determine the administrative organization of the system
13. Determine the process of selection, promotion, or transfer of employees
14. Determine the allocation and assignment of work to employees
15. Determine policy affecting the selection of new employees
16. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required
17. Determine administration of discipline
18. Determine control and use of City property, materials and equipment
19. Schedule work periods and determine the number and duration of work
periods
20. Establish, modify, eliminate or enforce rules and regulations
21. Place work with outside firms
22. 24, Determine the methods and means by which such operations are to be
conducted
23. Require employees, where necessary, to take in-service training courses
during work hours
24. Determine duties to be included in any job classification
25. Determine the necessity of overtime and the amount of overtime required
26. Take any necessary action to carry out the mission of the City in cases of
an emergency
27. Prescribe a uniform dress to be worn by designated employees
0
The exercise of the foregoing powers, rights, authority, duties and responsibilities
by the City, the adoption of policies, rules, regulations, and practices in furtherance
thereof, and the use of judgment and discretion in connection therewith, shall be limited
only by the specific and express terms of this contract, and then only to the extent such
specific and express terms are in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or
the exercise of any of the above described rights of the City is not subject to the
grievance provision unless any such dispute is otherwise grievable under another Article
of this agreement.
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of management's
rights shall impact on employees in the bargaining unit, the City agrees to meet and
confer with representatives of the Association, upon request by the Association,
regarding the impact of the exercise of such rights, unless the mater of the exercise of
such rights is provided for in this Memorandum of Understanding or in Personnel Rules
and Salary Resolutions.
ARTICLE V COMPENSATION AND SALARIES
Section A. Retirement
ILL to ees Hired Before Jan ary 1�.3
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2.7% @ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Military service credit as public service option (Government Code
§21024);
4. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents ($.93) per pay period (Government Code §21571);
5. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. The City agrees to contract with Ca1PERS to include 1959 Survivors
Benefit Level IV
8. $500 Retired Death Benefit
The City will pay 100% of the employer's contribution to the CalPERS retirement
program and provide retirement benefits as currently specified under the City's
contract with the California Public Employees' Retirement System.
10
In accordance with City Resolution 2015-094, effective October 25, 2015,
employees will pay 100% of the employee's membership contribution to the
California Public Employees Retirement System (Ca1PERS). All such employee
contributions shall be deposited in the member's retirement account.
r ew Ca1PLRS Members rITs Hired On or After Januar r 1 X01.3
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2% at 62 formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
4. Military Service Credit as Public Service (Government Code §21024)
5. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents ($.93) per pay period (Government Code §21571);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. Employees will pay 50% of the normal cost, currently 6.25% member
contribution to Ca1PERS;
8. The City agrees to contract with Ca1PERS to include 1959 Survivors
Benefit Level IV
9. $500 Retired Death Benefit
Section B. Salaries
The City adopted a Seven Step Compensation Plan (5% between steps), which is
made a part hereof, and is on file with the Human Resources/ Risk Manager or
their designated representative(s) in the Human Resources Department. Such
Compensation Plan may be amended or revised at the discretion of the City
Council subject to the meet and confer process.
The following unadjusted base salary increases shall be provided to all
represented employees of this Association:
a) Retro -active to the first payroll period commencing on or after July 1, 2017 —
2%
b) Effective the first payroll period commencing on or after July 1, 2018 — 2%
c) Effective the first payroll period commencing on or after July 1, 2019 — 2%
Section C. Bilingual Pay
The City shall pay an additional $100.00 per month to a person who is capable of
speaking reading and writing and/or interpreting the languages of Spanish,
Chinese, Japanese, * Vietnamese, Tagalog, and American Sign Language.
Determination of capability shall be made by qualifying tests established by the
11
City, Re -testing of individuals will be required to determine bilingual capability in
the above stated languages. Only those individuals who score at the level of
"Good" or better will be eligible for bilingual pay.
Section D. Tuition Reimbursement
Section 2.8 of the City's Personnel Rules and Regulations shall be amended to
provide that the tuition reimbursement described therein shall allow for
reimbursement eligibility for full time employees who have passed original
probation shall be in the amount not to exceed $1,500 per fiscal year.
Personnel Rules §2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only for courses provided by an accredited
college or university and in a field of study reasonably related to the employee's
duties and which are deemed appropriate by the Executive Team.
Effective January 1, 2018, the maximum amount of tuition reimbursement shall
be increased to $2,000 per fiscal year.
Section E. Monthly Phone Allowance
Effective July 1, 2004 the City agrees to implement a monthly cellular telephone
allowance of $40.00 per month.
ARTICLE V1, BENEFITS
Section A. Health Benefits/Cafeteria Plan
Medical and Dental.
The City will contribute to each employee in the bargaining group a sum not to
exceed $950.00 per month towards benefits as detailed in this section.
The employee is required to maintain a minimum coverage for him/herself in a
plan of their choice unless the employee can show proof that they have adequate
health insurance coverage through another source. In instances where the
employee's medical insurance premium is less than the City's monthly allowance,
such employee will have an option to have the excess monies placed towards an
existing benefit program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or
family coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage
3. Placement spread over a combination of the options listed above.
M
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
Elect to place the excess cash monies in a City provided deferred
compensation program.
Effective the first payperiod that includes January 1, 2018, the maximum amount
of monies that are eligible for cash out shall be capped at $950 per month.
Effective the first payperiod that includes December 1, 2017, the City's
contribution to medical and dental premiums shall be increased to $1050 per
month.
Effective the first payperiod that includes December 1, 2018, the City's
contribution to medical and dental premiums shall be increased to $1100 per
month.
Effective the first payperiod that includes December 1, 2019, the City's
contribution to medical and dental premiums shall be increased to $1200 per
month.
Vision J lLgq t:�ove�a: e
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $34.05 per month. Any premium increase in
excess of $34.05 per month shall be absorbed by the employee.
Section B. Life Insurance
The City shall provide a $50,000 term life and AD&D insurance for each
employee.
Section C. Short Term/Long Term Disability
The City will pay 100% of the employee premium towards a short-term and long-
term disability program as provided by the City of Baldwin Park. The Plan
provides benefits commencing on the 31st day of a non -work related injury or
illness, and employees will be eligible to receive a maximum benefit of 66 2/3 of
their current base salary up to a maximum of $5,000 per month.
Section D. Deferred Compensation
The City currently offers two (2) established deferred compensation providers to
its employees. Deferred compensation is a voluntary program wherein employees
may elect to allocate salary to the City's 457 plans on a pre-tax basis in
accordance with the provisions of the plan. Effective upon ratification of this
13
Section E.
Section F.
contract, the City shall contribute $100.00 per month into a City sponsored
deferred compensation plan. Prior to any changes in the current
program/providers, the City agrees to meet in good faith with the CMEA as part
of the meet and confer process.
Child Care
The City's Before and After School Care (Latch Key) Program shall provide same
privileges to employees as residents of Baldwin Park. Section 125 Plan is
available for employee's use.
Retiree Health Care
E'niplovees Hired Befor ;1 y 1_2QI.15
For all employees hired prior to July 1, 2015; if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
22892. In addition, the City will also pay into the retiree's individual health
reimbursement account, or similar reimbursement plan, an amount equal to the
difference of the City's minimum employer contribution required by Government
Code section 22892 and the premium cost for retiree -only coverage in the retiree's
chosen medical plan.
Employees 14iaed On or After July �, (d15
For all employees hired on or after July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
22892. In addition, the City will make a contribution to the retiree's individual
health reimbursement account, or similar reimbursement plan, based upon the
employee's years of service to the City as follows:
6 to 10 full years of service:
11 to 15 full years of service:
16 to 20 full years of service:
14
20% of the premium cost for retiree -
only coverage in the retiree's chosen
medical plan, less the City's
minimum employer contribution
paid to Ca1PERS.
40% of the premium cost for retiree
only coverage in the retiree's chosen
medical plan, less the City's
minimum employer contribution
paid to Ca1PERS.
60% of the premium cost for retiree -
only coverage in the retiree's chosen
medical plan, less the City's
ARTICLE VI
Section A.
Section B.
Section C.
21 to 25 full years of service:
26 full years of service or more:
HOURS
Work Period
minimum employer contribution
paid to Ca1PERS.
80% of the premium cost for retiree -
only coverage in the retiree's chosen
medical plan, less the City's
minimum employer contribution
paid to Ca1PERS.
100% of the premium cost for
retiree -only coverage in the retiree's
chosen medical plan, less the City's
minimum employer contribution
paid to Ca1PERS.
The work period for all employees within the bargaining group shall be seven (7)
days in length commencing on Sunday, at 12:01 a.m.
Hours of Work
Employees assigned to a 4/10 work week shall work Monday through Thursday
7:30a.m. to 6:OOp.m.
Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one-half (10 1/2) hours with nine hours and fifty minutes of work time and forty
(40) minutes as a non -paid unrestricted meal period. Meal periods shall be in
accordance with department administrative guidelines.
Employees working the 4/10 will be provided with two (2) ten (10) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest time is not cumulative beyond the scheduled workday within
which the break period occurs nor may it be used to extend lunch or shorten the
workday.
Exiierini nta➢ Alternative Work Schedules
The City agrees to implement an experimental 4/10 plan for all employees
assigned to City Hall.
The Association recognizes that the City may, at its sole discretion, end the 4/10
plan at any time. The termination of such 4/10 plan is not subject to the grievance
process or any other administrative review. The Association recognizes that the
15
4/10 plan is not a vested right in any manner, and that the termination of such
4/10 plan is not subject to the grievance process or any other administrative
review.
The parties have agreed that although the City shall have an unrestricted
management right to terminate any of the work schedules described in the MOU,
implementation of that management right shall result in the City engaging the
meet and confer process as to the effects of exercising its management rights.
Section D. Administrative Leave
Effective July 1, 2004 each employee shall receive a maximum of fifty (50) hours
of administrative leave with pay each fiscal year, the use of such leave shall be at
the reasonable discretion of the employee. Unused time at the end of each fiscal
year, June 30, will be paid during the following month of July with said time
being calculated at their then straight time hourly rate.
Effective July 1, 2017, administrative leave shall be increased to a maximum of
sixty (60) hours per fiscal year.
Section E. Holidays
The City shall observe the following holidays:
New Year's Day- January 1St
President's Day- The third Monday in February
Men orial Doty- The last Monday in May
Independeti.ee Day.. July 4th
Labor Day- The first Monday in September
Veteran's Day- November 11th
Thanksgiving Day- The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80 schedules
only) -
Christmas Eve- December 24th
Christmas Day- December 25th
mrJwlome,� agsi. c to 4/10 Work Schedule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will
not be observed on the preceding Wednesday or Thursday. If any of the holidays
fall on a Sunday, the Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited with ten (10)
hours of leave for observance of Martin Luther King Day and ten (10) hours
leave, for a total of twenty (20) hours.
16
City JE � 1(2s e 24 17:
There will be a one-time closure of City Hall on December 25-29, 2017. The
provided holiday hours for Christmas Eve and Christmas Day will be applied to
December 25 & 26, 2017 respectively.
The City will provide an additional 20 hours of holiday time for use on December
27 & 28, 2017 only. Exceptions may be made at Supervisor's discretion for the 20
hours to be used in payperiods 2 & 3 (ending January 27, 2018) if the employee is
unable to use the additional holiday hours on the specified dates due to work
assignments. The additional 20 hours of holiday time will not be accrued or
cashed out under any circumstances.
Section F. Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on non -regularly scheduled work days, as determined by an
employee's assigned work schedule. An employee will be credited with an
equivalent number of hours of holiday time ("holiday bank").
The actual date for the use of such leave shall be subject to the approval of the
employee's department head. For employees working a 4/10 work schedule this
leave shall be used in increments of ten (10) hours. For employees working a 9/80
work schedule this leave shall be used in increments equivalent to the work day
being requested for time off, i.e., a standard nine (9) hour work day or a "Friday"
eight (8) hour work day.
However, upon implementation by the City of accounting procedures and
methods whereby use of holiday leave in increments of one (1) hour or more can
be reasonable documented, affected employees shall be provided the option of
using holiday leave in such increments of time. Although the City shall endeavor
in good faith to institute such an accounting process, it shall remain in the sole
discretion of the City to determine when such a modified accounting can be
reasonable implemented.
Payout
If an employee, because of business necessity, is not able to utilize excess accrued
holiday bank hours, upon written request to, and approval of the department head,
an employee may be paid for any excess hours over their maximum holiday bank
hours accrual. Each January 1, such excess hours will be removed from the
employee's holiday bank hours accrual, calculated at their then straight time
hourly rate and placed in a holiday hours bank to be paid no later than June 30 of
the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he/she will have his/her
17
vacation leave and/or final paycheck reduced to reflect the excess holiday bank
time used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time
at his/her straight time rate.
AIS"I"ICLE VII LEAVES
Section A. Sick Leave
Every full-time employee represented by this agreement shall accrue sick leave
beginning the first full pay period of employment at the rate of 3.693 hours for
each pay period of service completed with the City.
Incentive, PI-pgraiij
Each eligible employee shall elect their maximum sick leave hours accrual.
Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level
that is at a higher level than their closest currently accrued sick leave hours, they
may do so. The maximum accrual elected by the eligible employee will be
irrevocable.
Once the election is made by the employee, such excess hours will be removed
from the employee's sick leave hours accrual, calculated at their then straight time
hourly rate and placed into a sick leave hours bank to be paid 75% of the total
value, with the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Section B. Vacation
Employees will be entitled to utilize accrued vacation leave after completion of
six (6) months continuous employment with the City. Employees may be eligible
to utilize accrued vacation leave at an earlier time, upon written request to and
approval of their department head.
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the
employee and for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of
18
the department head use vacation leave in lesser increments during the calendar
year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave with approval of the
department head. A vacation period is defined as the maximum amount of
vacation leave accrued by an employee in any calendar year.
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
1. Employees having less than five (5) years of employment (vacation
accrual = 96 hours per year), the maximum amount of vacation that may
be accumulated shall be 192 hours.
2. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual = 120 hours per year), the maximum
amount of vacation that may be accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15) years
of employment (vacation accrual = 144 hours per year), the maximum
amount of vacation that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15) years but less than twenty (20)
years of employment (vacation accrual = 168 hours per year), the
maximum amount of vacation that may be accumulated shall be 336
hours.
5. Employees having more than twenty (20) years of employment (vacation
accrual = 192 hours per year), the maximum amount of vacation that may
be accumulated shall be 3 84 hours.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an
employee will be given an extension in order to take his/her vacation. In cases
where the employee forfeits vacation leave time at the request of the City, upon
approval of the Chief Executive Officer or designated representative(s), said
employee shall be compensated for forfeited vacation leave time at the employee's
current rate of pay. It is the employee's responsibility to schedule vacation time
well in advance to avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours accrual for the calendar year to assist them in the
reduction of excess accrued vacation hours.
19
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Section C. Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent
of their workweek per incident, as needed, because of a death in their immediate
family.
Immediate family shall mean and include only:
Employee's: spouse, children, brothers, sisters, parents, grandparents, step-
children, foster children, grandchildren, and State registered domestic
partners.
Spouse's: Parents, and grandparents
Said time will not be cumulative from one twelve (12) month period to another
nor will pay in lieu of unused leave for bereavement is provided.
Section D. Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leaves extends
beyond the employee's regularly scheduled workweek.
Section E. Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel
Rules shall not be granted additional compensation when such leave extends
beyond the employee's regularly scheduled workweek.
Section F. Training/Conference Leave
When an employee is scheduled to attend a conference
Monday through Friday, his/her work hours will be 8:00
through Friday so there is no issue that he/she is eligible
attending the conference or training.
20
or training program
am to 5:00pm Monday
for overtime while
Section G. Injury on Duty
Any employee who is injured within the scope of employment with the City will
receive workers' compensation benefits as provided under the California Labor
Code. While any employee is on an injury on duty (IOD) status, his/her work
hours will be consistent with their regular scheduled work shift, so there will not
be an issue or conflict regarding said employee's eligibility for overtime while
receiving treatment or keeping doctor's appointments.
Ind u t:rial jpiLi yll�,Iie t
This language shall supersede the language in City Personnel Rule Section 11.5
which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Any non -sworn (non -peace officer) employee injured in the course and scope of
employment and whose injuries are subject to the Workers' Compensation laws of
the State of California, shall be eligible to receive only those benefits provided to
non -sworn (non -peace officer) employees by the Workers' Compensation laws.
ARTICLE VIII POLICIES AND PROCEDURES
Section A. Written Warnings/Reprimands
Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of
administrative appeal shall be the Executive Team. An employee shall have the
right to attach a written rebuttal to any written warning/reprimand placed in
his/her personnel file.
A written warning/reprimand may be removed from an employee's personnel file,
upon written request to and written approval from their department head, if he/she
has not been involved in any subsequent incidents that resulted in written
corrective counseling or other management action for a period of five (5) years
from the date the most recent notice was issued or management action taken.
Section B. Layoff Policy
The parties agree to continue the meet and confer process on the City's current
Layoff Policy, contained in Section 13 of the Personnel Rules. Any language
changes to the current Section will be submitted by the Association prior to the
commencement of the meet and confer process.
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees in the CMEA will be entitled to a minimum of three (3)
21
months health, dental and vision benefits paid for by the City, if a layoff takes
place.
Section C. Emergency Preparedness Policy
The parties agree to continue the meet and confer process on the "Emergency
Preparedness Policy", including specifics as to when bargaining unit members
should respond before or after their normal work shift.
Section D. Personnel Rules
During the term of this agreement, both parties agree to meet and confer on the
content and implementation of new and/or revised Personnel Rules and
Regulations as needed.
Section E. Labor/Management Committee
The City agrees to maintain a labor/management committee for discussion of
general issues of mutual concern to the City and the Association.
Section F. Pre -Employment Drug and Alcohol Testing
The parties agree that all new hires, effective the date this agreement is signed,
will be subject to pre-employment alcohol and drug testing. Employment will be
contingent upon the results of this testing.
Section G. "Y" Rating
"Y" rate exists when an employee's salary is frozen at the present level until such
time as subsequent general salary increases catch up with or exceed the
employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at
"step Y" until such time as the position is assigned to a salary range in which the
last step is equivalent to or higher than the "step Y". Such employee shall not
receive salary adjustments until such time as "Step Y" is equivalent or less than
Step 7 of the salary range of the employee's position.
Section H. Salary Survey
The City and Association agree, during the term of this MOU, to collect and
compile salary survey data on classifications represented by the Association with
respect to agencies comparable to Baldwin Park.
22
ARTICLE IX GRIEVANCE :w.E PR+IIf"E1:II. RE
Section A. Definition
A "grievance" is a formal, written allegation by a grievant that he/she has been
adversely affected by an existing violation, misinterpretation or misapplication of
the specific provisions of the Memorandum of Understanding and/or provisions of
the Personnel Rules and Regulations. Other matters for which a special method of
review is provided by law, ordinance, resolution, or by administrative regulations
and procedures of this City, are not within the scope of this procedure.
Section 15 of the Personnel Rules shall be modified by this agreement to provide
the utilization of the grievance procedure for those employees who receive
performance evaluations rated at the level of marginal and/or unsatisfactory. This
amendment of Section 15 shall apply only to the members of the General Unit of
Clerical Employees Association.
Section B. Procedure
Informal Resolution
Every effort shall be made to resolve a grievance through discussion between the
employee and his/her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any subsequent
discrimination against employees who may seek to adjust a grievance. Every
effort should be made to find an acceptable solution at the lowest level of
supervisor. Within fifteen (15) calendar days after a grievant knew, or by
reasonable diligence should have known, of the condition upon which a grievance
may be based, the grievant shall attempt to resolve it by an informal conference
with the grievant' s immediate supervisor. The immediate supervisor shall
respond, in writing, within (7) calendar days of the discussion with the grievant. If
the immediate supervisor does not respond within such time lime the grievant
shall be entitled to process the grievance to the next step.
If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) calendar days from the date of receiving the
answer from his/her supervisor, request and be granted an interview with the
division head, if one exists, in order to discuss the grievance. The Division Head
shall schedule an interview within (5) calendar days of the grievant's request.
After the interview, the Division Head shall respond, in writing, within seven (7)
calendar days of the interview with the Grievant. If the Division Head does not
respond within such time limit the grievant shall be entitled to process the
grievance to the next step.
If the division head and employee cannot reach a solution to the grievance, the
employee may, within seven (7) calendar days from the date of receiving the
answer from the division manager, request, in writing, and be granted an
23
interview with the appointing authority. The appointing authority, or its
representative, shall schedule an interview within five (5) calendar days of the
grievant's request.
The appointing authority shall render his/her decision in writing within fifteen
(15) calendar days of receiving the appeal. If the appointing authority and
employee are unable to arrive at a satisfactory solution, the employee may, within
ten (10) calendar days from the date of the decision by the appointing authority,
submit a written appeal to the Executive Team.
The Executive Team shall review the grievance and respond to the employee
within twenty (20) calendar days of receiving the appeal. The response shall be in
writing and will be considered an expression of management's viewpoint, and
shall be the final administrative state of review.
If the time limits for employees' appeals at any step should elapse, the grievance
shall be considered withdrawn. Time limits may be extended by mutual consent.
If the City fails to respond within the prescribed time limits, the grievance will be
deemed to have been denied and the employee may go to the next step. If the
Executive Team fails to respond within the prescribed time limit, the grievance
will be deemed to have been denied and the employee will be deemed to have
exhausted his/her administrative remedy.
The employee may request the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level of review.
Employees shall be assured freedom from reprisal for using the grievance
procedure.
Standard Grievance Form
The City and the Association agree to create, prepare and implement a standard
grievance form for use by all affected classifications represented by the
Association.
Grievance Mediation
Either the employee or the Association may request the grievance be submitted to
mediation prior to a decision being issued by the Executive Team. Upon request
to mediate the grievance, the City shall make the formal, written request for a
mediator from the California State Mediation and Conciliation Service. The
choice of a mediator must be approved by both the Association and City before
mediation may begin.
If the employee or the Association requests that the grievance be submitted to
mediation prior to a decision being issued by the Executive Team, then the
employee and/or Association shall pay any costs associated with the mediation.
24
If the grievance was mediated and resolved, the mediator shall be requested to
provide a written summary of the outcome; a description of the dispute and the
resolution reached by the parties.
If the grievance was mediated and not resolved, the mediator shall be requested to
render a written, advisory opinion letter to the Association and City within 15
calendar days of the final mediation session. This opinion is non-binding and is
intended to advise the Association and City of the mediator's recommendation to
settle the grievance.
ARTICLE X AMERICANS WITH DISABILITIES ACT
Because the ADA requires accommodations for individuals protected under the Act, and
because these accommodations must be determined on an individual, case-by-case basis,
the parties agreed that the provisions of this agreement may be set aside in order for the
City to avoid discrimination relating to hiring, promotion, granting permanency, transfer,
layoff, reassignment, termination, rehire, rates of pay, job and duty classification,
seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and
privileges of employment.
The Association recognizes that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. The Association will be notified of these proposed accommodations prior to
implementation.
Any accommodation provided to an individual protected by the ADA shall not establish a
past practice, nor shall it be cited or used as evidence of a past practice in the grievance
procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the
Association with written notice of its intent to set aside the provision, and will allow the
Association the opportunity to discuss options to setting aside of any provision.
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY
Section A. Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties
safely and efficiently, in the interests of their fellow workers and the public as
well as themselves.
W
Section B. Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or while
on duty; shall not utilize such substances when they have a reasonable expectation
of call in for duty; shall not possess, provide or sell illegal drugs to any other
employee or to any person while on duty; nor have their ability to work impaired
as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation
of this policy, the employee must notify his/her supervisor, before beginning
work, when taking medications or drugs (including the possible effects of taking
such medication and drugs) which could foreseeably interfere with the safe and
effective performance of duties or operation of equipment. In the event there is a
question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from their
physician may be required.
The Association and the City specifically understand and agree that marijuana
remains a Class I controlled substance under federal law. The parties further
agree that despite the existence of conflicting state law, the City is entitled to
discipline an employee who tests positive for marijuana on a drug test imposed
pursuant to City policy, regulations, or federal/state law.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped
under federal and/or state law. Persons whose use of drugs or alcohol prohibits
them from performing the duties of their position, or whose use constitutes a
direct threat to property or the safety of others, are not considered handicapped
under federal or state law.
Section C. Application
This policy applies to all employees of the City of Baldwin Park. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal,
which could impair an employee's ability to effectively and safely perform the
functions of the job.
1�IjilLJO y�e Rqs)ns bilit
An employee must:
1. Refrain from the use of, or possession of, illegal drugs, including
marijuana or narcotics while on duty;
26
2. Not report to work while his/her ability to perform job duties is impaired
due to alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs, including
marijuana and prescription drugs without a prescription) during working
hours or at any time while on City property;
4. Not directly or through a third party sell or provide illegal drugs, including
marijuana to any person, including any employee, while either employee
or both employees are on duty;
Notify his/her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, including marijuana,
prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later
than five (5) days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs, including
marijuana or alcohol or engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance through their medical plans or
through other resources available in their community. While the City will be
supportive of those who seek help voluntarily, the City will be equally firm in
identifying and disciplining those who continue to be substance abusers and do
not seek help.
M rxra pie.` t R,,!c s icansibi itie5
1. Managers and supervisors are responsible for reasonable enforcement of
this policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already
underway as a medical situation, subject to current medical leave policies.
5. To maintain strict, confidentiality on all matters arising under the provision
of this policy. Medical information, if necessitated, will be maintained by
27
Personnel Services in separate, secured files. Information will only be
shared where there is a bona fide "need to know" by management in
instances where referrals, rehabilitation, medical leaves, work
accommodation, discipline or other employment related decisions are
affected.
6. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary
cases. Decisions made on such cases under this policy will be subject to
review by an individual's department head, and Personnel/Risk Manager.
ARTICLE XII SMOKE FREE WORKPLACE
Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace
will be amended to read as follows:
Section A. Purpose
The purpose of this policy is to set forth City Council direction in regard to
smoking by City employees in City facilities and to encourage non-smoking by
City employees in the workplace. This policy is necessary because such smoking
is recognized as a hazard to the health of smokers and non-smokers alike.
All employees must be aware of the provisions of City Council Ordinance No.
1232 which prohibits smoking by anyone in and around City -owned premises and
public parks and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or
leased and occupied, by the City of Baldwin Park for any municipal function, and
includes the entire site of the City -owned premises and all structures thereon. City
owned premises shall not include any public sidewalk adjacent to the site of City -
owned premises, nor any building owned in part by the Baldwin Park Successor
Agency (formerly Redevelopment Agency which is also partly owned by private
individuals or Owner Participation Agreement. City -owned premises include, but
are not limited to, City Hall, the City Yard, and the site occupied by the City
Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled
by the City, and includes the entire site of the public park, all structures thereon,
and any public sidewalk adjacent to that site. Public park includes, but is not
limited to, the Julia McNeil Senior Center, the Esther Snyder Community Center,
Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the
Baldwin Park Teen Center and Skate Park.
28
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas
would include employee offices; rooms or hallways not normally open to the
public, employee lounges, and kitchens, lunchrooms and employee break rooms,
workstations, locker rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe,
cigar or cigarette or any other device used for the burning of tobacco or other
similar combustible material, so that the person in possession thereof can inhale
and exhale the smoke there from. This definition specifically includes vaping, the
use of electronic cigarettes, or any equivalents thereto
Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of City -owned buildings and City -
owned vehicles, is prohibited, Should any dispute arise from this policy, it shall
be directed to the Executive Team.
Section B. Procedure
The Maintenance Division shall be responsible for posting and maintaining all
signs in accordance with the standards approved by the Executive Team. Signs in
private offices shall be the responsibility of the office occupant. "No smoking"
signs shall be available from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby
charged with the implementation of and compliance with this policy. The
Executive Team is ultimately responsible for such implementation and
compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any
employee because such employee exercises any rights afforded by this policy.
ARTICLE XIII LIMITED REOPENER
The purpose of this reopener shall be limited, except as provided below, to proposed
modifications in existing MOU language. The reopener shall not result in any increase or
decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non -
compensation related policies and procedures. Notwithstanding the above limitations to the
subject matter of a reopener, a reopener may be requested where another City bargaining unit has
had a Cost of Living Adjustment.
29
The City shall provide written notice to the Association of its intent to invoke this section, and a
description of the precise language changes that are proposed. City -proposed language changes
shall not be implemented without completion of the meet and confer process and as appropriate,
completion of any impasse -resolution procedures.
30
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum of Understanding the day, month and year noted.
CLASSIFIED MANAGEMENT
EMPLOYEES' ASSOCIATION
Pi
Tsita Anson, Representative
,Q
t r"
Sanigel Gutierrez, 1 epresentatiW�-``
31
CITY OF BALDWIN PARK
Manuel Lozano, Mayor
Date
Attachment #
RESOLUTION NO. 2017-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, APPROVING AMENDMENTS TO THE
EXECUTIVE EMPLOYEE BENEFITS MATRIX AND
UNCLASSIFIED MANAGERS BENEFITS MATRIX
WHEREAS, on April 6, 2016, the City Council adopted Resolution No. 2016-120
approving the Executive Employee Benefits Matrix and the Unclassified Managers
Benefits Matrix; and
WHEREAS, the City is desirous of amending specified benefits in both the
Executive Employee Benefits Matrix and the Unclassified Managers Benefits Matrix.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council does hereby approve the Executive
Employee Benefits Matrix attached hereto as Exhibit A.
SECTION 2. That this City Council does hereby approve the Unclassified
Managers Benefits Matrix attached hereto as Exhibit B.
SECTION 3. That all Resolutions or portions thereof, or any previous contract
or agreement, in conflict are hereby repealed and superseded by the attached Exhibits
A and B.
SECTION 4. That the City Clerk shall certify to the adoption of this Resolution
and shall cause this Resolution to become in full effect upon approval. The City Clerk
shall forward a certified copy of this adopted Resolution to the Chief Executive Officer
and Human Resources Manager upon execution.
PASSED, APPROVED, AND ADOPTED this 6t" day of December, 2017.
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 Bald
that the foregoing Resolution No. 2017-212 was duly ar
adopted by the City Council of the City of Baldwin Park at a
Council held on December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
Resolution No. 2017-212
Executive and Unclassified
Managers Benefits Matrices
Page 2
vin Park, do hereby certify
d regularly approved and
regular meeting of the City
EXECUTIVE EMPLOYEES
BENEFIT MATRIX
ATTACHMENT "A"
The following unadjusted base salary increases shall be provided to all Executive
Employees:
+2% retroactive to the first full pay period of Fiscal Year 2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-20
Benefits Plan
Effective April 6, 2016, the City will contribute a sum not to exceed $1,700.00 per month
for each Executive employee towards benefits as detailed below:
The employee is required to maintain a minimum coverage for himself/herself in a plan
of his or her choice, unless the employee can show proof of adequate health insurance
coverage through another source. In instances where the employee's medical insurance
premium is less than the City's monthly contribution, such employee will have an option to
have the excess monies placed toward an existing benefit program. These options include:
1. Placement in a City provided health insurance plan for self, two (2) party or family
coverage.
2. Placement in a City provided dental insurance plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as taxable
income, or
5. Elect to place the excess cash monies in a City provided deferred compensation
program.
Vision Plan
Effective January 1, 2014, the City will provide a vision plan, and will contribute up to a
maximum premium cost of $32.12 per month.
Dental Plan Enhancement
Effective June 1, 1993, the City will provide for the dental plan enhancement of
orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. Additional
cost for this enhancement will be paid for by the City. Those affected individuals currently
enrolled in the "Pre -paid Plan Choice" presently receive this benefit.
Resolution 2017-213
Executive and Managers Matrix
Page 2
Life Insurance
The City will provide term life insurance in the face amount of $100,000.
Lon -Terms Liisabilit and Short Term Disabilit
The City will provide long-term and short-term disability insurance coverage as set forth
in the plan on file in the Personnel Services Office.
Retirement
Retirement — Miscellaneous EmIp oyees
In accordance with City Resolution 2015-094, effective October 25, 2015, employees
will pay 100% of the employee's membership contribution to the California Public
Employees Retirement System (CaIPERS). All such employee contributions shall be
deposited in the member's retirement.
Retirement — Sworn EffTLoyees
In accordance with City Resolution 2015-094, effective October 25, 2015, employees
will pay 100% of the employee's membership contribution to the California Public Employees
Retirement System (CaIPERS). All such employee contributions shall be deposited in the
member's retirement account.
Retiree Health Care
For all Unclassified Employees, if upon retirement the employee enrolls in the City's
CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS
that is'required by Government Code section 22892. In addition, the City will also pay into the
retiree's individual health reimbursement account, or similar reimbursement plan, an amount
equal to the difference of the City's minimum employer contribution required by Government
Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen
medical plan.
Vehicle/Vehicle Allowance
Effective April 6, 2016, the City will provide an Executive employee the choice to receive
a City -owned vehicle or will provide an amount of $400.00 per month vehicle allowance for
those Executive employees who choose to utilize their own personal vehicle for City business.
MonthIv Phone Allowance
Effective April 6, 2016, the City will provide an Executive employee an amount of
$100.00 per month for use of a personal cell phone for City business.
Attendance and Leaves
Sick Leave
The general policy for sick leave will be as set forth, for all full-time employees, in
Section 11.4 of the Personnel Rules.
Resolution 2017-213
Executive and Managers Matrix
Page 3
Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be
debited on an hourly basis.
Effective September 7, 1994, each eligible employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave hours,
the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If
an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher
level than their closest currently accrued sick leave hours, they may do so. The maximum
accrual elected by the eligible employee will be irrevocable.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive
Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited
on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick
leave hours above their prior elected sick leave hours bank (300, 600 or 900).
At the close of the calendar year, each eligible employee will receive 75% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly rate.
Payment will be made at the next closest pay period.
Vacation
All Executive employees shall accrue vacation leave in accordance with the following:
a. Employees having less than five (5) years service with the City: 3.6923 hours on a
biweekly basis for time actually worked.
b. Employees having more than five (5) years service but less than ten (10) years
service with the City 4.6154 hours on a biweekly basis for time actually worked.
c. Employees having more than ten (10) years but less than fifteen (15) years service
with the City: 5.5385 hours on a biweekly basis for time actually worked.
d. Employees having more than fifteen (15) years but less than twenty (20) years
service with the City: 6.4615 hours on a biweekly basis for time actually worked.
e. Employees having over twenty (20) years service with the City: 7.3846 hours on a
biweekly basis for time actually worked.
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City.
Bereavement Leave
Each Executive employee shall receive the equivalent of their workweek per incident,
as needed, for a death in his or her immediate family. Immediately family shall mean and
include only the employee's spouse, children, step -children, parents, spouse's parents,
grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative
Resolution 2017-213
Executive and Managers Matrix
Page 4
from one twelve month period to another nor will pay in lieu of unused leave for bereavement
be provided.
Administrative Leave
Effective July 1, 2004, each Executive employee shall receive a maximum of seventy-
two (72) hours of administrative leave with pay each fiscal year. Unused time at the end of
each fiscal year, June 30, will be paid during the following month of July with said time being
calculated at their then straight time hourly rate.
_Holida s
All Executive employees are currently working on an alternate work schedule of four
(4) days, ten (10) hours. While assigned to such work schedule, the following days shall be
observed as holidays:
January 1St, the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th; the fourth Thursday in November; December
24th; December 25th; and such other days as may be designated as holidays by motion
of the City Council.
If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be
observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday,
the Monday following is the holiday in lieu thereof.
Floating Holidays
For each Executive employee working the 4/10 plan such employee will receive two (2)
ten (10) hour days of floating leave, for a total of 20 hours.
Hol�
At the beginning of each calendar year, the City will determine how many of the set
holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent
number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited
with the above floating holidays. For Executive Employees working the four (4) day, ten (10)
hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday.
Employees may accumulate up to a maximum of one hundred (100) hours of holiday
bank time. Each January 1, such excess hours will be removed form the employee's holiday
bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday
hours bank to be paid no later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank time
prior to the occurrence of the actual holiday, he/she will have his/her vacation bank,
administrative leave and/or final paycheck reduced to reflect the excess holiday bank time
used.
Resolution 2017-213
Executive and Managers Matrix
Page 5
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her
straight time rate.
oTpgnsatio_n for Accrued Leave Time
Notwithstanding the maximum accruals established for vacation, administrative leave
and holiday bank, Executive employees may accrue up to a maximum of three (3) months of
additional paid leave time composed of a combination of vacation, administrative leave and/or
holiday bank time.
Cit Hall One -Time Closure
One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday
time for December 27 and 28, 2017.
Deferred Compensation
Effective April 6, 2016, the City will contribute $100.00 per month to each employee into
a City sponsored 457 Plan on a pre-tax basis.
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 1
UNCLASSIFIED MANAGERS'
BENEFITS MATRIX
ATTACHMENT B
LO -03M r111;,w
The following unadjusted base salary increases shall be provided to all
Unclassified Managers:
+2% retroactive to the first full pay period of Fiscal Year 2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-20
Insurances/Su lemental'h'a a Pa rrcns
Benefits Plan
Effective the first pay period that includes January 1, 2018, the maximum amount
of monies that are eligible for cash out shall be capped at $1,000 per month.
Effective the first pay period that includes December 1, 2017, the City's
contribution to medical and dental premiums shall be increased to $1,050 per month.
Effective the first pay period that includes December 1, 2018, the City's
contribution to medical and dental premiums shall be increased to $1,100 per month.
Effective the first pay period that includes December 1, 2019, the City's
contribution to medical and dental premiums shall be increased to $1,200 per month.
The employee is required to maintain a minimum coverage for himself/herself in a
plan of their choice unless the employee can show proof they have adequate health
insurance coverage through another source. In instances where the employee's medical
insurance premium is less than the City's monthly contribution, such employee will have
an option to have the excess monies placed toward an existing benefit program. These
options include:
Placement in a City provided health insurance plan for self, two (2) party or family
coverage;
2. Placement in a City provided dental insurance plan for self, two (2) party or family
coverage;
1 Placement spread over a combination of the options listed above;
4. Elect to receive any excess monies in cash, which will be considered as taxable
income; or
5. Elect to place the excess cash monies in a City provided deferred compensation
program.
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 2
Vision Plan
The City will provide a vision plan to all affected employees, and will contribute up
to a maximum premium cost of $34.05 per month. If the premium exceeds the amount,
then'the employee shall be responsible to pay the difference in excess of $34.05.
Dental Plan Enhancement
Effective June 1, 1993, the City will provide for the dental plan enhancement of
orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan.
Additional cost for this enhancement will be paid for by the City. Those affected individuals
currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit.
Life Insurance
The City will provide term life insurance in the face amount of $60,000 effective
April 6, 2016.
The City will provide a supplemental life insurance program to enable employees
to purchase additional life insurance at the employee's cost and no contribution from the
City.
Lan -Term Disabilitv and Short Term Disability
The City will provide each employee with long-term disability insurance coverage
as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993,
affected employees will be eligible to receive benefits commencing on the 31St day of non -
work related injury or illness, and employees will be eligible to receive a maximum benefit
of 66 2/3% of their current base salary up to a maximum of $5,000 per month.
Retirement
Em to ees Hired Before Januar 1 � 2013
The City contracts with the State of California Public Employees Retirement
System (CaIPERS) for the classifications contained in this agreement. The plan shall
include the following options:
1. 2.7% @ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Military service credit as public service option (Government Code §21024);
4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three
cents ($.93) per pay period (Government Code §21571);
5. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. The City agrees to contract with CaIPERS to include 1959 Survivors Benefit Level
IV; and
8. $500 Retired Death Benefits.
In accordance with City Resolution 2015-094, effective October 25, 2015,
employees will pay 100% of the employee's membership contribution to the California
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 3
Public Employees Retirement System (CaIPERS). All such employee contributions shall
be deposited in the member's retirement account.
New CaIPERS Members Hired On or After J nua__ 1.,_2013
The City contracts with the State of California Public Employees Retirement
System (CaIPERS) for the classifications contained in this agreement. The plan shall
include the following options:
1. 2% at 62 formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code §20037);
3. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
4. Military Service Credit as Public Service (Government Code §21024);
5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three
cents ($.93) per pay period (Government Code §21571);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. Employees will pay 50% of the normal cost, currently 6.25% member contribution
to CalPERS;
8. The City agrees to contract with CaIPERS to include 1959 Survivors Benefit Level
IV; and
9. $500 Retired Death Benefits.
Retiree Health Care
For all Unclassified Employees, if upon retirement the employee enrolls in the
City's CaIPERS medical care plan, the City will pay the minimum employer contribution
to CaIPERS that is required by Government Code section 22892. In addition, the City will
also pay into the retiree's individual health reimbursement account, or similar
reimbursement plan, an amount equal to the difference of the City's minimum employer
contribution required by Government Code section 22892 and the premium cost for
retiree -only coverage in the retiree's chosen medical plan.
Bilincuual Pau
Effective July 5, 2005, the City agrees to increase the bilingual pay amount from
seventy-five dollars ($75.00) to one hundred dollars ($100.00) per month to a person who
is capable of speaking, reading, writing and/or interpreting the language of Spanish,
Chinese, Japanese, Vietnamese, Tagalog and Signing. Qualifying tests established by
the City shall make determination of capability. Re -testing of individuals will be required
to determine bilingual capability in the above stated languages. Only those individuals
who score at the level of "Good" or better will be eligible for Bi -lingual pay.
onthl Phone Allowance
Effective April 6, 2016, the City agrees to implement a monthly cellular telephone
allowance of $50.00 per month.
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 4
Attendance and Leaves
Sick Leave
The general policy for sick leave will be as set forth, for all full-time employees, in
Section 11.4 of the Personnel Rules.
Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be
debited on an hourly basis.
Each eligible employee shall elect his/her maximum sick leave hours accrual.
Dependent upon the total number of currently accrued sick leave hours, the maximum
sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible
employee wishes to elect a maximum sick leave accrual level that is at a higher level than
their closest currently accrued sick leave hours, they may do so. The maximum accrual
elected by the eligible employee will be irrevocable. Once the election is made by the
employee, such excess hours will be removed from the employee's sick leave hours
accrual, calculated at their then straight time hourly rate and placed into a sick leave hours
bank to be paid at 75% of the total value, with the timing and method of payment to be
determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave.
Annual Sick Leave Incentive
Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be
debited on an hourly usage basis. Each January 1, eligible employees will commence to
accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900).
At the close of the calendar year, each eligible employee will receive 75% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Bereavement Leave
Each classification represented by the Association shall receive the equivalent of
their workweek per incident, as needed, for a death in their immediate family. Immediate
family shall mean and include only the employee's spouse, children, stepchildren, foster
children, grandchildren, parents, grandparents, brothers, sisters, State Registered
Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be
cumulative from one twelve month period to another nor will pay in lieu of unused leave
for bereavement is provided.
Vacation
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 5
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the employee and
for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
appointing authority, use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave. A vacation period is defined as
the maximum amount of vacation leave accrued by an employee in any calendar year, in
accordance with Subsections (a), (b), (c), (d) and (e), as stated below.
a. Employees having less than five (5) years of employment (vacation accrual = 96
hours per year) the maximum amount of vacation that may be accumulated shall
be 192 hours.
b. Employees having more than five (5) years of service but less than ten (10) years
of employment (vacation accrual = 120 hours per year), the maximum amount of
vacation that may be accumulated shall be 240 hours.
c. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual = 144 hours per year), the maximum amount of
vacation that may be accumulated shall be 288 hours.
d. Employees having more than fifteen (15) years but less than twenty (20) years of
employment (vacation accrual = 168 hours per year), the maximum amount of
vacation that may be accumulated shall be 336 hours.
e. Employees having over twenty (20) years of employment (vacation accrual — 192
hours per year). The maximum amount of vacation that may be accumulated shall
be 384 hours.
If the employee, because of business necessity, is not able to utilize excess
accrued vacation hours, upon written request to and approval of the Department Head,
an employee will be given an extension in order to take his/her vacation. In cases where
the employee forfeits vacation leave time at the request of the City, upon approval of the
Chief Executive Officer or designated representative(s), said employee shall be
compensated for forfeited vacation leave time at the employee's current rate of pay. It is
the employee's responsibility to schedule vacation time well in advance to avoid forfeiting
his/her vacation or to avoid any conflicts.
Employees will be entitled to utilize accrued vacation leave after completion of (6)
months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 6
The times during which an employee may take his/her vacation leave shall be
determined by the appointing authority with due regard for the wishes of the employee
and for the needs of the service.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave, and the vacation leave shall be extended or accredited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Administrative Leave
Effective the first pay period including July 1, 2017, each employee shall receive a
maximum of sixty (60) hours of administrative leave with pay each fiscal year. The use of
such leave shall be at the reasonable discretion of the employee
Unused time at the end of each fiscal year, June 30, will be paid during the
following month of July with said time being calculated at their then straight time hourly
rate.
l-lolidM
For employees working a 4/10 plan, the following days shall be observed as
holidays:
January 1St, the third Monday in February; the last Monday in May; July
4th; the first Monday in September; November 11th; the fourth Thursday
in November; December 24th; December 25th; and such other days as
may be designated as holidays by motion of the City Council.
If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will
not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on
a Sunday, the Monday following is the holiday in lieu thereof.
Floating Holidays
Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating
leave, for a total of twenty (20) hours.
l plida Sank
At the beginning of each calendar year, the City will determine how many of the
set holidays fall on a Friday and/or Saturday. An employee will be credited with an
equivalent number of hours of holiday time ("holiday bank"). Each affected employee will
also be credited with the above floating holidays. The actual date for the use of such
leave shall be subject to the approval of the Chief Executive Officer. This holiday bank
UNCLASSIFIED MANAGERS BENEFIT MATRIX
EFFECTIVE JULY 1, 2017
Page 7
leave can be used in hourly increments and combined with other leave. Employees may
accumulate up to a maximum of one hundred (100) hours of holiday bank time.
If an employee, because of business necessity, is not able to utilize accrued
holiday bank hours, upon written request to, and approval of the Chief Executive Officer,
the employee will be paid for any excess hours over his/her maximum holiday bank hours
accrual. Each January 1, such excess hours will be removed from the employee's holiday
bank hours accrual, calculated at their then straight time hourly rate and placed in a
holiday hours bank to be paid not later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank,
administrative leave and/or final paycheck reduced to reflect the excess holiday bank time
used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time at
his/her straight time rate.
City Hall One -Time Closure
One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of
holiday time for December 27 and 28, 2017.
Deterred Compensation
Effective April 6, 2016, the City will contribute $100 per month to each employee
into a City sponsored 457 plan on a pre-tax basis.
Attachment #5
RESOLUTION NO. 2017-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION TO
ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR
ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES
AND ELECTED OFFICIALS IN ACCORDANCE WITH
CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CaIPERS) does require all
government agencies to provide and make available to the public the salary of all full-
time employees, part-time employees and Elected Officials in a single salary format
specified by CalPERS; and
WHEREAS, the City of Baldwin Park
create a single salary schedule required
CaIPERS and has attached said report to
retroactive to and effective on July 1, 2017.
has compiled the necessary salary data to
in compliance with the requirements of
this resolution as Exhibit A, with the date
NOW, THEREFORE, the City Council of the City of Baldwin Park does
hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit A to be effective on July 1, 2017.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
Resolution 2017-213
Comprehensive Pay Schedule
Page 2
APPROVED AND ADOPTED THIS 6th day of December, 2017.
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 No. 2017-213 was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at its regular meeting of the 6th day of December
2017, by the following vote:
AYES: COUNCIL MEMBERS:.
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
Alejandra Avila
CITY CLERK
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EXHIBIT A
RESOLUTION NO. 2017-213
RESOLUTION NO. 2017-214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION TO
ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR
ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES
AND ELECTED OFFICIALS IN ACCORDANCE WITH
CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CaIPERS) does require all
government agencies to provide and make available to the public the salary of all full-
time employees, part-time employees and Elected Officials in a single salary format
specified by CaIPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of
CaIPERS and has attached said report to this resolution as Exhibit A, with the date
retroactive to and effective as of December 1, 2017.
NOW, THEREFORE, the City Council of the City of Baldwin Park does
hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit A to be effective on December 1, 2017.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
Resolution 2017-214
Comprehensive Pay Schedule
Page 2
APPROVED AND ADOPTED THIS 6th day of December, 2017.
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 No. 2017-214 was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at its regular meeting of the 6th day of December
2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
Alejandra Avila
CITY CLERK
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EXHIBIT A
RESOLUTION NO. 2017-214
Attachment #7
RESOLUTION NO. 2017-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION TO
ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR
ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES
AND ELECTED OFFICIALS IN ACCORDANCE WITH
CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CaIPERS) does require all
government agencies to provide and make available to the public the salary of all full-
time employees, part-time employees and Elected Officials in a single salary format
specified by CaIPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of
CaIPERS and has attached said report to this resolution as Exhibit A, with the date
effective date of January 1, 2018.
NOW, THEREFORE, the City Council of the City of Baldwin Park does
hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit A to be effective on January 1, 2018.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
Resolution 2017-215
Comprehensive Pay Schedule
Page 2
APPROVED AND ADOPTED THIS 6th day of December, 2017.
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 No. 2017-215 was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at its regular meeting of the 6th day of December
2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
Alejandra Avila
CITY CLERK
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ITEM NO.
STAFFREPORT
" %/��
LD TO: Honorable Mayor and City Councilmembers
-1'0'.1U�0114OF FROM: Robert N. Tafoya, City Attorney
THE
sa DATE: December 6, 2017
VALLEY
' SUBJECT: A REQUEST FOR CONSIDERATION OF A MUNICIPAL
,ftr'°'"`%`� (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY
CHAPTER 127 (COMMERCIAL CANNABIS) TO INCREASE THE NUMBER
OF PERMITS PERMITTED FROM FIFTEEN TO TWENTY
SUMMARY
The proposed amendment to Chapter 127 in the zoning code will be minor in nature. The number of allowed
permits for Commercial Cannabis Use will be increased from fifteen to twenty in number. This amendment to
the Commercial Cannabis will be adopted as an Urgency Ordinance and will go into effect immediately if
approved by a 4/5th vote of the City Council.
FISCAL IMPACT
This Urgency Ordinance has an unspecified Fiscal Impact on the General Fund in that five additional permittees
will pay mitigation fees.
RECOMMENDATION
Staff recommends that the City Council conduct a Public Hearing and, thereafter, waive the reading and adopt
by title only Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin
Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business
Regulations to the City of Baldwin Park Municipal Code."
CEOA
In accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3)
of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an
impact upon the environment.
BACKGROUND/D1S+t" JSSION
Pursuant to California Government Code Section 36937 an ordinance may be adopted without the need to bring
it back for a second reading. By adopting the ordinance as an urgency ordinance, the proposed amendments to
the ordinance will go into effect immediately upon adoption. The City must make a finding that the urgency
ordinance is necessary for the immediate preservation of the public peace, health or safety and must pass the
urgency ordinance by at least a 4/5th vote. The factual basis for approving this amended zoning code is that the
State of California has set a deadline for the end of 2017 for Commercial Cannabis local issuance of Permits for
the Manufacturing, Cultivation, and Distribution of Commercial Cannabis. Based on this factual background
adopting this urgency ordinance is necessary for the immediate preservation of the public peace, health and
safety in that the residents of Baldwin Park requires this minor amendment to the Ordinance.
LEGAL REVIEW
This Staff Report and the Urgency Ordinance has been reviewed by the City Attorney's Office as to form and
content.
ALTERNATIVES
The City Council may determine that the current limit of 15 permits is desirable.
ATTACHMENTS
1. - Ordinance No. 1403
URGENCY ORDINANCE NO. 1403
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING
CHAPTER 127, MEDICAL AND ADULT USE COMMERCIAL
CANNABIS, OF TITLE XI, BUSINESS REGULATIONS TO
THE CITY OF BALDWIN PARK MUNICIPAL CODE
WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code
(BPMC) currently does not allow medical and adult commercial cannabis cultivation,
manufacturing, and distribution uses; and
WHEREAS, since early 2017, in several City Council Study Sessions, there has
been discussion about amending the City's Municipal Code to allow and regulate
Cannabis Cultivation, Manufacturing and Distribution uses within the City of Baldwin Park,
provided development standards and a Development Agreement are included; and
WHEREAS, the City of Baldwin Park held five (5) educational and public outreach
sessions at various locations throughout the City to bring awareness to the community;
and
WHEREAS, the educational and public outreach sessions were held at the Baldwin
Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin Park Arts
and Recreation Center; and
WHEREAS, each educational and public outreach session had speakers from the
City as well as industry experts who presented information and were available to answer
any questions; and
WHEREAS; Sections 153.120.330.0 and 153.120.330.D should be deleted
because they are in conflict with the proposal to allow Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution uses as proposed; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in. question
may have a significant effect on the environment, the activity is not subject to CEQA; and
zoning regulations do not constitute the approval of any development project, and will
therefore not result in any physical change in the environment; and
WHEREAS, on August 9, 2017, after conducting a properly noticed public hearing,
the Planning Commission adopted Resolution No. PC 17-13 recommending that the City
Council update the BPMC as it pertains to Medical and Adult Cannabis Cultivation,
Manufacturing and Distribution Uses; and
Ordinance No. 1403
Paqe 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 127, Medical and Adult Use of Commercial Cannabis, of
Title XI, Business Regulations shall hereby be added to the Baldwin Park Municipal Code
as follows:
CHAPTER 127. Medical and Adult Use Commercial Cannabis
127.01: Purpose
A. The purpose of this chapter is to regulate all commercial cannabis activity
in the City of Baldwin Park, as defined in Section 26000 et seq. of the California Business
and Professions Code, to the extent authorized by state law and in a manner designed to
minimize negative impact on the City, and to promote the health, safety, morals, and
general welfare of residents and businesses within the city.
B. This article is further adopted and established pursuant to the specific
authority granted to the City of Baldwin Park in Section 7 of Article XI of the California
Constitution and Section 26000 of the California Business and Professions Code. These
regulations shall govern all commercial cannabis activity that occurs within the jurisdiction
of the City.
127.02: Definitions
Unless otherwise defined herein, the terms in this article shall have the same
meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation
and Safety Act") and any rules promulgated under it. In addition, the following terms shall
be defined as follows:
A. "Adult -Use Cannabis" means the use of cannabis for creational purposes
as distinguished from cannabis for medicinal purposes.
B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A -
licensee" as defined by Section 26001(f) of the California Business and Professions
Code.
C. "Applicant" has the same meaning as that terms is defined by Section
26001(c) of the California Business and Professions Code.
D. "Cannabis" has the same meaning as that terms is defined by Section
26001(f) of the California Business and Professions Code.
E. "City" means the City of Baldwin Park, California.
F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City
or a duly authorized designee.
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G. "Code" means the Baldwin Park Municipal Code.
H. "Commercial cannabis activity" has the same meaning as that term is
defined by Section 26001(k) of the California Business and Professions Code.
I. "Cultivation site" has the same meaning as that term is defined by Section
26001(m) of the California Business and Professions Code.
J. "Day-care" means any child day care facility other than a family day care
home and includes infant centers, preschools, extended day care facilities, and school-
age child care centers.
K. "Distribution" has the same meaning as that term is defined by Section
26001(r) of the California Business and Professions Code.
L. "Enclosed locked structure" means a structure that(1) does not allow for the
visibility of the interior from the outside; (2) is secured with a non-residential lock; (3) is
completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed.
Enclosed locked structures may include greenhouses, provided that only the roof of the
greenhouse is made of transparent glass. All enclosed locked structures shall comply
with the city and state building codes, city and state fire codes, and all other applicable
laws.
M. "Good cause" for purposes of denying an initial license under this chapter,
for revoking a permit, or for denying a permit renewal or reinstatement, means at least
one of the following:
1. The applicant has not obtained approval by the city council of a
development agreement setting forth the general terms for the operation of a business
under this chapter or a licensee breaches the terms of an applicable development
agreement.
2. The applicant or licensee has violated any of the terms, conditions,
or provisions of this chapter, state law, any regulations promulgated under state law, any
applicable local ordinances or rules, or any special terms or conditions placed upon its
state license, local license, or permit;
3. The licensed premises has been or is operated in a manner that
adversely affects the public health, safety, or welfare of the immediate neighborhood in
which the establishment is located;
4. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or any
other document submitted to the City;
5. The applicant or licensee's criminal history does not indicate that the
applicant or licensee is of good moral character; or the applicant or licensee has been
convicted of an offense that is substantially related to the qualifications, functions, or
Ordinance No. 1403
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duties of the business or profession for which the application is made, except that, if the
local licensing authority has issued a local license to the applicant or licensee, the City
shall not consider any criminal history of the applicant or licensee that was disclosed to
or discovered by the local licensing authority prior to the issuance of the local license and
is confirmed by the applicant. For any criminal history that was not disclosed to or
discovered by the local licensing authority prior to the issuance of the local license or that
arose after the issuance of the local license, the City shall conduct a thorough review of
the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the
applicant or licensee and shall evaluate the suitability of the applicant or licensee to be
issued a permit based on the evidence found through the review. In determining which
offenses are substantially related to the qualifications, functions, or duties of the business
or profession for which the application is made, the City shall consider the factors as set
forth in Section 26057(b)(4) of the California Business and Professions Code;
6. The applicant or licensee is employing or allowing to volunteer any
person whose criminal history indicates that person is not of good moral character;
7. The applicant or licensee fails to allow inspection of the security
recordings, activity logs, or business records of the licensed premises by city officials; or
8. An applicant or licensee is a licensed physician providing written
recommendations to patients for cannabis.
N. "Good moral character" means having a personal history that demonstrates
the propensity to serve the public in the licensed area in a manner that reflects openness,
honesty, fairness, and respect for the rights of others and for the law. In determining good
moral character, the following standards apply:
1. A judgment of guilt in a criminal prosecution or a judgment in a civil
action shall not be used, in and of itself, as proof of an individual's lack of good moral
character. Such judgment may be used as evidence in the determination, and when so
used, the individual shall be notified and shall be permitted to rebut the evidence by
showing that, at the current time, he or she has the ability to and is likely to serve the
public in a fair, honest and open manner, that he or she is rehabilitated, or that the
substance of the former offense is not substantially related to the occupation or profession
for which he or she seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the California Business
and Professions Code, a prior conviction where the sentence, including any term of
probation, incarceration, or supervised release is completed for possession of,
possession for sale, sale, manufacture, transportation, or cultivation of a controlled
substance, is not considered substantially related, and shall not be the sole ground for
denial of a local license, except that any of the following convictions shall be deemed
substantially related and may be the sole grounds for denying a local license or permit:
Ordinance No. 1403
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a. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled
substance; or
b. A felony conviction for selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor; or
C. A felony conviction for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code.
d. Conviction for any controlled substance felony subsequent to
issuance of a permit shall be grounds for revocation of a permit or denial of the renewal
of a permit.
O. "Immature cannabis plant" means a cannabis plant, whether male or
female, that has not yet flowered and that does not yet have buds that are readily
observed by unaided visual examination. This is distinguished from a "mature" plant,
which has flowered and has buds.
P. "Licensed Premises" means the designated area on a single or immediately
adjoining parcel(s), as identified by valid street address and Assessor Parcel Number,
specified in an application for a permit under this chapter, which is owned or in the
possession of the applicant or licensee and within which the applicant or licensee is
applying for authorization to cultivate, manufacture, distribute, test, or is applying for
multiple permitted uses, in accordance with the provisions of this chapter, the MAUCRSA,
any development agreement approved by city council, and any rules adopted -pursuant
thereto.
Q. "Licensee" means a person who has been issued a commercial cannabis
business permit under this chapter for a Licensed Premises.
R. "Limited access area" means a building, room, or, other area that is part of
the licensed premises whose access is limited to certain authorized persons.
S. "Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
T. "Manufacturer" means a licensee that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis at a fixed location that packages or
repackages cannabis or cannabis products or labels or relabels its container.
U. "Medicinal cannabis" has the same meaning as that term is defined by
Section 26001(ai) of the California Business and Professions Code.
V. "Medical cannabis business" means any person engaged in commercial
cannabis activity.
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W. "Medicinal and Adult -Use Cannabis Regulation and Safety, Act" or
"MAUCRSA" means Division 10 of the California Business and Professions Code.
"Outdoors" means any location within the City that is not within an enclosed
structure.
Y. "Owner" means any of the following, pursuant to Section 26001(al) of the
California Business and Professions Code:
1. A person with an aggregate ownership interest of 20 percent or more
in the person applying for a license or a licensee, unless the interest is solely a security,
lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or
management of the person applying for a license.
Z. "Person" has the same meaning as that term is defined by Section
26001 (an) of the California Business and Professions Code.
AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct
commercial cannabis activity under this chapter.
BB. "Physician" as used in this chapter, shall mean an individual who possesses
a license in good standing to practice medicine or osteopathy from the State of California.
CC. "State law" means and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections
11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney General's
Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use issued
in August, 2008, as such guidelines may be revised from time to time by action of the
Attorney General; MAUCRSA, and all other applicable laws of the state of California.
DD. "State license" has the same meaning as that term is defined by Section
26001(y) of the California Business and Professions Code.
EE. "State licensing authority" shall mean the Bureau of Cannabis Control within
the State Department of Consumer Affairs, the State Department of Public Health, State
Department of Food and Agriculture, or any other State agency responsible for the
issuance, renewal, or reinstatement of a State license issued pursuant to Division 10 of
the California Business and Professions Code or any state agency authorized to take
disciplinary action against such local license.
FF. "Written documentation" shall have the meaning set forth in Section
11362.7(i) of the California Health and Safety Code.
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GG. "Youth center" means any public or private facility that is primarily used to
host social activities for minors, including, but not limited to, social service teenage club
facilities, video arcades, or similar amusement park facilities.
127.03: Relationship to Other Laws
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in Division 10 (commencing with Section 26000)
of the California Business and Professions Code. In the event of a conflict between the
provisions of this chapter and state statutes or regulations, State law controls.
127.04: Outdoor Cultivation
It is hereby declared to be unlawful, a public nuisance, and a violation of this
chapter for any person owning, leasing, occupying, or having charge or possession of
any parcel within any zoning district in the City to use or allow such premises to be used
for the outdoor cultivation of cannabis plants.
127.05: Permitted Use
A. Cannabis businesses shall only be permitted to operate in the city following
issuance of a Permit approved by the City Council or staff designee and a business
license issued by the City in accordance with the criteria and procedures set forth in
Chapter 127 of this code and in compliance with the Baldwin Park Municipal Code. No
land -use entitlement, permit (including building permit) approval, site plan, certificate of
occupancy, zoning clearance, or other land -use authorization for a medical cannabis
business shall be granted or permitted unless it complies with the provisions of this
chapter and the applicable building standards and the Baldwin Park Municipal Code. If
there is a conflict between the requirements of another chapter in the Code and this
chapter, the requirements of this Chapter 127 prevail.
B. All persons who are engaged in or who are attempting to engage in
commercial cannabis activity in any form shall do so only in strict compliance with the
terms, conditions, and restrictions of the MAUCRSA, regulations promulgated under
MAUCRSA, the provisions of this Chapter 127, and all other applicable state and local
laws.
C. The Chief Executive Officer is authorized to make policies and procedures
consistent with the intent and spirit of this chapter concerning the applications, the
application process, the information required of applicants, the application procedures,
and the administration and procedures to be used and followed in the application and
process.
127.06: Development Agreement Required
Prior to operating in the City and as a condition of issuance of a Permit, the
applicant shall enter into a development agreement with the City setting forth the terms
and conditions under which the facility will operate that is in addition to the requirements
Ordinance No. 1403
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of this chapter, including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed upon, approval of
architectural plans (including site plan, floor plan, and elevation, to conform with
manufacturing uses under the Baldwin Park Municipal Code), and such other terms and
conditions that will protect and promote the public health, safety, and welfare of all
persons in the City.
127.07: Permitted Zones: Distance and Other Conditions for Approval
No more than 20 (twenty) Licensed Premises for each permitted use may be
allowed, maintained, or operated in the City at any time. If there is a conflict between the
requirements of this chapter and any other chapter, the requirements of this chapter shall
prevail.
A. Manufacturing Site.
1. No manufacturing shall be located within 600 feet of a school,
day-care center, or youth center or within 50 feet of a residential zone.
2. Subject to the distance and other requirements of this chapter and
the Code, a licensed premises may only be located on a property within the Industrial (1)
and Industrial -Commercial (I -C) zones, and following the application for and granting of a
development agreement by the city council and a business permit in accordance with this
chapter. The proposed use shall comply with the minimum requirements set forth in this
chapter for distance separations between manufacturing sites and other specific land
uses.
3. All manufacturing of cannabis shall occur in an enclosed structure.
4. Licensed sites shall not exceed the 22,000 square feet authorized
pursuant to the controlling development agreement.
5. From a public right-of-way, there should be no exterior evidence of
the manufacturing of cannabis or manufactured cannabis except for any signage
authorized by this Code.
6. All licensed sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of the manufacturing• site shall
be appropriately secured and all cannabis securely stored.
8. A licensed site, all operations conducted therein, and all equipment
used must be in compliance with all applicable state and local laws, including all building,
electrical, and fire codes.
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9. If hazardous materials, flammable gas, flammable liquefied gas,
flammable and combustible liquids, or other flammable material, as those terms are
defined in CFC Section 202, are to be used in the processing of medical cannabis or adult
use, then the provisions of CFC Section 407 shall be applicable where hazardous
materials subject to permits under CFC Section 50 (Hazardous Materials) are located on
the licensed premises.
10. Storage, use, and handling of compressed gases in compressed gas
containers, cylinders, tanks and systems shall comply with CFC Chapter 53. Partially full
compressed gas containers, cylinders or tanks containing residual gases shall be
considered as full for the purposes of the controls required. Compressed gases classified
as hazardous materials shall also comply with CFC Chapter 50 for general requirements
and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable
Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers,
Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric
Materials). A manufacturer shall prevent, control and mitigate dangerous conditions
related to storage, use, dispensing, mixing and handling of flammable and combustible
liquids shall be in accordance with CFC Chapters 50 and 57.
11. Licensed sites are permitted under this chapter under a Group F-1
(Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new
construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will be
sited in an existing structure, an automatic sprinkler system shall be provided throughout
all buildings containing a Group F-1 occupancy where one of the following conditions
exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above
grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
12. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the building
or commitment to do so before operating.
B. Cultivation Sites.
1. No cultivation site shall be located within 600 feet of a school, day-
care center, park, or youth center, or within 50 feet of a residential zone.
2. Subject to the distance and other requirements of this chapter and
the Code, a cultivation site may only be located on a property within the Industrial (1) and
Industrial -Commercial (I -C) zones, and following the application for and granting of a
development agreement by the city council and a business permit in accordance with this
chapter. The proposed use will comply with the minimum requirements set forth in this
Ordinance No. 1403
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chapter for distance separations between manufacturing sites and other specific land
uses.
3. All cultivation of cannabis shall occur in an enclosed locked structure.
4. Cultivation sites shall not exceed the 22,000 square feet authorized
pursuant to the permit.
5. From a public right-of-way, there should be no exterior evidence of
the cultivation of medical and adult use cannabis except for any signage authorized by
this chapter.
6. All cultivation sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of a cultivation site shall be
appropriately secured and all cannabis securely stored.
8. Areas where cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of
the National Electric Code, City and California building codes, fire codes, electrical codes,
and all other applicable laws.
9. Cultivation sites are under a Group F-1 (Factory Industrial Moderate -
Hazard) Occupancy under the Fire Code. All new construction is required to be fire
sprinkled under the Fire Code. For cultivation sites that will be sited in an existing
structure, an automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than 3 stories above
grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
10. In addition to a Manufacturing or Cultivation permit, a cannabis
business applicant may apply for another use as permitted by MAUCRSA, a development
agreement approved by City council, this chapter, and any rules adopted pursuant
thereto.
11. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the building
or commitment to do so before operating.
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C. Distribution of Cannabis. A cannabis distribution Licensee may carry or
move cannabis within the city in accordance with MAUCRSA and State regulations.
D. Nonconforming Use. Any cannabis business or cannabis dispensary
established or operating in the city in violation of this Chapter or the ban established by
Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall not
be considered a lawful or permitted nonconforming use, and no cannabis 'business
operating unlawfully is eligible for a cannabis business permit. Further, any such
unlawfully established cannabis business shall constitute a public nuisance subject to
abatement by the City, pursuant to Chapter 95, Section 95.09.
E. Distances. All distances specified in this section shall be measured in the
following manner:
1. For schools, day-care centers, parks, or youth centers, the distance
shall be measured in a straight line from the subject property line to the closest property
line of the lot on which the cannabis business is to be located without regard to intervening
structures.
2. For determining distance to residential zones, the distance shall be
measured from the nearest point of the parcel or property in a residential zone to the
closest property line of the lot on which the cannabis business is to be located without
regard to intervening structures.
F. Factors Considered for Permit Approval. Approval of a permit shall take
into account the safety of the public, including, but not limited to, the following factors:
1. Suitability of the proposed property;
2. Suitability of security plan;
3. Suitability of business plan and financial record keeping;
4. Criminal history;
5. Regulatory compliance history;
6. Good legal standing;
7. Community engagement;
8. Environmental impact; and
9. Labor relations.
127.08: No Transfer or Change in Ownership or Location.
An owner of a cannabis business who obtains a permit under this chapter may not
sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership
Ordinance No. 1403
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interest in the medical cannabis business covered by any permit issued under this
chapter.
127.09: Changing, Altering, or Modifying Licensed Premises
A. Persons permitted pursuant to the provisions of this chapter or those
making application for such permits, must demonstrate proof of lawful possession of the
Licensed Premises. Evidence of lawful possession consists of properly executed deeds
of trust, leases, or other written documents.
B. The Licensed Premises shall only be the geographical area that is
specifically and accurately described in executed documents verifying lawful possession.
No Licensee is authorized to relocate to other areas or units within a building structure
without first filing a change of location application and obtaining approval from the city
council, regardless of any possessory interest or right to possession to such additional
space. No Licensee shall add additional units or areas, thereby altering the initially
approved premises, without filing an application to modify the Licensed Premises on
forms prepared by the Chief Executive Officer and paying any applicable processing fees.
C. Subletting Not Authorized. No Licensee is authorized to sublet any portion
of any Licensed Premises for any purpose, unless all necessary forms and application to
modify the existing location to accomplish any subletting have been approved by the city
council.
D. Application Required to Alter or Modify Licensed Premises. After
issuance of a permit, the licensee shall not make any physical change, alteration, or
modification of the Licensed Premises that materially or substantially alters the premises,
production estimates, or the usage of the premises from the plans originally approved
with the development agreement, without the prior written approval of the city council or
its designee. The Licensee whose premises are to be materially or substantially changed
is responsible for filing an application for approval on current forms provided by the City.
E. What Constitutes a Material Change. Material or substantial changes,
alterations, or modifications requiring approval include, but are not limited to, the
following:
1. Any increase or decrease in the total physical size or capacity of the
location;
2. The sealing off, creation of, or relocation of a common entryway,
doorway, passage, or other such means of public ingress and/or egress, when such
common entryway, doorway, or passage alters or changes limited access areas, such as
the cultivation within the Licensed Premises;
3. The installation or replacement of electric fixtures or equipment, the
lowering of a ceiling, or electrical modifications made for the purpose of increasing power
usage to enhance cultivation activities.
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F. Application. The city council or its designee may grant approval for the
types of changes, alterations, or modifications described herein upon the filing of an
application by the Licensee and payment of any applicable fee. The Licensee must submit
all information requested by the city council or its designee including but not limited to
documents that verify the following:
1. The Licensee will continue to have exclusive possession of the
premises, as changed, by ownership, lease, or rental agreement, and sole control of all
production; and
2. The proposed change conforms to any and all City restrictions
related to the time, manner, and place of regulation of the commercial cannabis activity.
127.10: Grounds for Denial of Permit: Additional Conditions Imposed
A. The Chief Executive Officer or designee may reject an application upon
making any of the following findings:
1. The applicant made one or more false or misleading statements or
omissions on the registration application or during the application process;
2. The applicant's business entity, if applicable, is not. properly
organized in strict compliance pursuant to the applicable law, rules, and regulations;
3. The applicant fails to meet the requirements of this chapter or any
regulation adopted pursuant to this chapter;
4. The applicant's facility or its location is in violation of any building,
zoning, health, safety, or other provision of this Code, or of any state or local law or the
facility or its location is not permitted in the proposed area, or the issuing or continuation
of a permit would be contrary to the public health, welfare, safety, or morals;
5. The applicant, or any of its officers, directors, owners, managers, or
employees is under twenty-one (21) years of age;
6. The applicant, or any of its officers, directors, or owners, or any
person who is managing or is otherwise responsible for the activities of the Licensed
Premise, or any employee who participates in the dispensing, cultivation, processing,
manufacturing, delivery, or transporting of medical marijuana or who participates in the
daily operations of the medical and adult use marijuana facility, has been convicted of a
violent felony, a felony, or misdemeanor involving fraud, deceit, embezzlement, or moral
turpitude;
7. The applicant or any of its officers, directors, owners, or managers is
a licensed physician making patient recommendations for cannabis;
8. The applicant or any of its officers, directors, owners, or managers
has been sanctioned by the City, the State of California, or any county for unregistered
Ordinance No. 1403
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medical cannabis activities or has had a registration revoked under this chapter in the
three prior (3) years;
9. The applicant did not pay to the City the required application and
processing fees;
10. Good cause exists to deny the application, as defined in this chapter.
11. Applicant's application does not reflect the purpose of this chapter,
to promote the health, safety, morals, and general welfare of residents and businesses
within the City.
127.11: Security
A. General Security Requirements
1. Security cameras shall be installed and maintained in good working
condition, and used in an on-going manner with at least 240 continuous hours of digitally
recorded documentation in a format approved by the Chief of Police and/or his designee.
The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered
by the security cameras include, but are not limited to, the storage areas, manufacturing
or cultivation areas, all doors and windows, and any other areas as determined by the
Chief of Police and/or his designee.
2. Entrances to any storage areas shall be locked at all times and under
the control of Licensee's staff.
3. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etc., and secure the
necessary approvals and permits as needed.
4. All windows on the Licensee's building shall be unopenable or locked
and all product securely stored.
5. Each Licensee shall implement a system to track the cultivation and
manufacturing of cannabis in order to prevent the Licensee from diverting or transporting
cannabis to any location not authorized by state laws or any local law.
6. All waste and disposal containers shall be stored in a secure area
and be under the control of the Licensee's staff.
B. Security Alarm Systems - Minimum Requirements
1. Each Licensed Premises shall have a Security Alarm System,
installed by a licensed alarm company, which alerts the alarm monitoring company on all
premises entry points and windows.
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2. Each Licensed Premises must be continuously monitored by an
alarm monitoring company.
3. The Licensed Premises shall maintain up-to-date records and
existing contracts on the premises that describe the location and operation of each
security alarm system, a schematic of security zones, the name of the licensed alarm
company, and the name of any vendor monitoring the premises.
4. Upon request, each Licensee shall make available to the Chief
Executive Officer or any state or local law enforcement agency, for a purpose authorized
by this chapter or state or local law enforcement purpose, all information related to
security alarm systems, recordings, monitoring, and alarm activity.
C. Lock Standards -Minimum Requirement. On all doors, the Licensee shall
ensure the use of commercial -grade, nonresidential door locks.
D. Video Surveillance Requirements:
1. Prior to exercising the privileges of a permit under this chapter, an
applicant must install fully operational video surveillance and camera recording system.
The recording system must record in digital format and meet the requirements outlined in
this Section.
2. All video surveillance records must be stored in a secure area that is
only accessible to the management staff of the Licensed Premises.
3. Video surveillance records and all recordings must be made
available upon request to the Chief of Police or any other state or local law enforcement
agency for a purpose authorized by this chapter or for any other state or local law
enforcement purpose.
4. Video surveillance records shall be held in confidence by all
employees and representatives of the Chief Executive Officer, except that the Chief of
Police or his designee may provide such records and recordings to a state or local law
enforcement agency for a purpose authorized by this Chapter or for a state or local law
enforcement purpose.
5. A sign shall be posted in a conspicuous place near each point of
public access that shall be not less than 12 inches wide and 12 inches high, composed
of letters not less than one inch in height, stating "All Activities Monitored by Video
Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all
persons entering the Licensed Premises that a video surveillance and camera recording
system is in operation at the Licensed Premises and recording all activity as provided in
this Chapter.
6. The Licensed Premises should use video surveillance equipment
and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park
Police Department and the City, as specified in each development agreement.
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E. Video Surveillance Equipment
1. Video surveillance equipment shall, at a minimum, consist of digital
or video recorders, cameras capable of meeting the recording requirements described in
this section, video monitors, digital archiving devices, and a color printer capable of
delivering still photos.
2. All video surveillance systems must be equipped with a failure
notification system that provides prompt notification to the Licensed Premises of any
prolonged surveillance interruption or the complete failure of the surveillance system.
3. Licensed Premises are responsible for ensuring that all surveillance
equipment is properly functioning and maintained so that the playback quality is suitable
for viewing and the surveillance equipment is capable of capturing the identity of all
individuals and activities in the monitored areas.
4. All video surveillance equipment shall have sufficient battery backup
to support a minimum of 4 hours of recording in the event of a power outage.
F. Placement of Cameras and Required Camera Coverage
1. Camera placement shall be capable of identifying activity occurring
within 20 feet of all points of ingress and egress and shall allow for the clear and certain
identification of any individual and activities on the Licensed Premises.
2. All entrances and exits to the facility shall be recorded from both
indoor and outdoor vantage points.
3. The system shall be capable of recording all pre -determined
surveillance areas in any lighting conditions. If the Licensed Premises has a 'cannabis
cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur
as long as ingress and egress points to those areas remain constantly illuminated for
recording purposes.
4. Areas in which cannabis is grown, tested, cured, manufactured, or
stored shall have camera placement in the room facing the primary entry door at a height
that provides a clear, unobstructed view of activity without sight blockage from lighting
hoods, fixtures, or other equipment.
5. Cameras shall also be placed at each location where weighing,
packaging, transport, preparation, or tagging activities occur.
6. At least one camera must be dedicated to record the access points
to the secured surveillance recording area.
Ordinance No. 1403
Paae 17
G. Location and Maintenance of Surveillance Equipment
1. Surveillance recording equipment must be housed in a designated
locked and secured room or other enclosure with access limited to authorized employees,
agents of the Chief Executive Officer, state or local law enforcement agencies for a
purpose authorized by this chapter or for any other state or local law enforcement
purpose, and service personnel or contractors.
2. The Licensee must keep a current list of all authorized employees
and service Personnel who have access to the surveillance system and/or room on the
Licensed Premises. Licensed Premises must keep a surveillance equipment
maintenance activity log on the Licensed Premises to record all service activity, with the
identity of the individual(s) performing the service, the service date and time., and the
reason for service to the surveillance system.
3. Off-site monitoring and video recording storage of the Licensed
Premises or by an independent third -party is authorized as long as standards exercised
at the remote location meet or exceed all standards for on-site monitoring.
4. Each Licensed Premises located in a shared building must have a
separate surveillance room/area that is dedicated to that specific Licensed Premises. All
minimum requirements for equipment and security standards as set forth in the section
apply to the review station.
H. Video Recording and Retention Requirements
1. All camera views of all recorded areas must be continuously
recorded 24 hours a day.
2. All surveillance recordings must be kept for a minimum of 90 days
and be in a format that can be easily accessed for viewing on premises. Video recordings
must be archived in a format that ensures authentication of the recording as legitimately -
captured video and guarantees that no alteration of the recorded image has taken place.
3. The surveillance system or equipment must have the capabilities to
produce a color still photograph from any camera image, live or recorded.
4. The date and time must be embedded on all surveillance recordings
Without significantly obscuring the picture.
5. Time is to be measured in Pacific Standard Time in accordance with
the U.S. National Institute of Standards and Technology.
6. After the 90 -day surveillance video retention schedule has lapsed,
surveillance video recordings must be erased or destroyed prior to being discarded or
disposed of for any other purpose. Surveillance video recordings may not be destroyed if
the Licensed Premises knows or should have known of a pending criminal, civil, or
Ordinance No. 1403
Paqe 18
administrative investigation or any other proceeding for which the recording may contain
relevant information.
Other Records
All records applicable to the surveillance system and cannabis tracking system
shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall
maintain a map of the camera locations, direction of coverage, camera numbers,
surveillance equipment maintenance activity log, user authorization list, and operating
instructions for the surveillance equipment.
J. Suitability of Security Plan
The Applicant's security plan includes the presence of security personnel on
premises or patrolling the premises twenty-four (24) hours per day.
127.12: Fees and Charges.
A. Prior to operating in the City, the operator of each Licensed Premises shall
timely and fully pay all fees associated with the establishment of that business. The fees
shall be as set forth in the schedule of fees and charges established by resolution of the
city council, including, but not limited to, the following:
1. Application fee for accepting a registration application, due and
payable in full at the time an application is submitted;
2. Processing fee for the cost to the city of processing an application
and reviewing, investigating, and scoring each application in accordance with any
evaluation system to determine eligibility for issuance of a Permit, due and payable in full
at the time a registration application is submitted;
3. Permit issuance fee for the cost to the City of preparing a
development agreement, city council review and approval of the development agreement
and the Permit, and preparation and issuance of the Permit as authorized by the city
council, due and payable in full at the time the city issues a Permit;
4. Amended registration fee for the cost to the city of reviewing
amendments or changes to the registration form previously filed on behalf of the Licensed
Premises; due and payable in full at the time amendments or changes to any Permit form
is submitted to the city;
5. Permit renewal fee for the cost to the city of processing an application
to renew a Permit; due and payable in full at the time application is made to renew a
Permit;
6. Any fees for inspection or investigation that are not included within
the other fees associated with registration, due and payable in full upon request of the
city; and
Ordinance No. 1403
Paae 19
7. Any fees set forth in the applicable development agreement.
127.13: Limitations on City's liability
A. To the fullest extent permitted by law, the City does not assume any liability
whatsoever, with respect to approving any permit pursuant to this chapter or the operation
of any cannabis facility approved under to this chapter.
B. As a condition of approval of a permit as provided in this chapter, the
applicant or its legal representative shall do the following:
1. Execute an agreement indemnifying the City from any claims,
damages, injuries, or liabilities of any kind associated with the registration or operation of
the cannabis facility or the prosecution of the cannabis facility or its owners, managers,
directors, officers, employees, or its qualified patients or primary caregivers or customers
for violation of federal or state laws;
2. Maintain insurance in the amounts and of the types that are
acceptable to the City Council or designee;
3. Name the City as an additional insured on all City -required insurance
policies;
4. Agree to defend, at its sole expense, any action against the City, its
agents, officers, and employees related to the approval of the Licensee's regulatory
permit; and
5. Agree to reimburse the City for any court costs and attorney fees that
the city may be required to pay as a result of any legal challenge related to the city's
approval of the Licensee's regulatory permit. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such participation
shall not relieve the operator of its obligation hereunder.
127.14. Inspections
A. The Chief Executive Officer, law enforcement, or their designees shall have
the right to enter all Licensed Premises from time to time unannounced during the facility's
hours of operation for the purpose of making reasonable inspections to observe and
enforce compliance with this chapter, to inspect and copy records required to be
maintained under this chapter, or to inspect, view, and copy recordings made by security
cameras, all without requirement for a search warrant, subpoena, or court order, and
subject to appropriate fees as specified in the development agreement.
B. Operation of a Licensed Premises in noncompliance with any conditions of
approval or the provisions of this chapter shall constitute a violation of the Code,and shall
be enforced pursuant to the provisions of this Code.
Ordinance No. 1403
Paae 20
C. The Chief Executive Officer or designee may summarily suspend or revoke
a Permit, or disqualify an applicant from the registration process, or elect not to renew a
regulatory permit if any of the following, singularly or in combination, occurs:
1. The Chief Executive Officer or designee determines that the
cannabis facility has failed to comply with any requirement of this chapter or the approved
development agreement or any condition of approval or a circumstance or a situation has
been created that would have permitted the Chief Executive Officer or designee to deny
the regulatory permit under this chapter or elect not to renew or revoke the permit under
this chapter;
2. The Licensee or applicant has conducted itself or is being conducted
in a manner that creates or results in a public nuisance;
3. The Licensee Premises ceased operations for more than 90
calendar days, including during change -of -ownership proceedings;
4. Ownership is changed without the new owners applying for and
securing a new permit under this chapter;
5. The Licensee relocates to a different location or premises; or
6. The Licensee fails to allow inspection or copying of the security
recordings or, the activity logs or records required to be kept under this chapter or denies
entry to the premises to city officials authorized to inspect the premises.
D. Abatement
The City shall initiate abatement proceedings as authorized by the Code if
necessary to correct any violation of this chapter or Code.
E. Violation Deemed Misdemeanor: Penalty
Any person violating any of the provisions of this chapter or any applicable rule in
this chapter or Code shall be guilty of a misdemeanor, and upon conviction thereof shall
be punishable by the maximum penalties provided for in the Penal Code section 19.
1.27.15: Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge of any parcel within the City to create a public
nuisance in the course of cultivating cannabis or any part thereof in any location, indoor
or outdoor. A public nuisance may be deemed to exist if such activity produces one or
more of the following:
A. Odors which are disturbing to people of reasonable sensitivity or present on
adjacent or nearby property or areas open to the public.
Ordinance No. 1403
Paae 21
B. Repeated responses to the Premises by law enforcement personnel.
C. A repeated disruption to the free passage of persons or vehicles in the
neighborhood, excessive noise which is disturbing to people of normal sensitivity on
adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood that are disruptive of normal activity
in the area including, but not limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near dwelling, and excessive noise
emanating from the dwelling.
E. Outdoor growing and cultivation of cannabis.
127.16: Appeals
Any decision regarding or pertaining to the permit process set forth in this
chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto,
may be appealed to the city council. Such appeal shall be taken by filing with the city
clerk, within ten (10) days after notice of the action or decision complained of has been
issued, a written statement setting forth the grounds for the appeal. The city clerk shall
transmit the written statement to the city council, and at its next regular meeting, the
council shall set a time and place for a hearing on the appeal. Notice of the time and place
of such hearing shall be mailed to the appellant. The decision of the city council on such
appeal shall be final and binding on all parties concerned.
127.17: Statewide Regulation.
This chapter, and the provisions herein, shall be read consistent with any statewide
regulation of cannabis now and in the future.. This ordinance shall govern the conduct of
a business allowed to operate a commercial cannabis activity in the City.
127.18: Interpretation.
The provisions of this chapter shall be read to be consistent with State laws, this
chapter, and this Code. At no time shall a commercial cannabis business in compliance
with state law and this Code be deemed to be an unlawful business.
127.19: Severability.
Should any provision of this chapter, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
Ordinance No. 1403
Paqe 22
SECTION 3. Except as expressly modified pursuant to this Ordinance, all other
provisions of the Municipal Code, except where expressly modified by ordinance, shall
remain unmodified and in full force and effect. All ordinances in conflict with the provisions
hereof are superseded to the extent of such conflict.
SECTION 4. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion or the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. Pursuant to California Government Code Section 36937 an ordinance
may be adopted without the need to bring it back for a second reading. By adopting the
ordinance as an urgency ordinance, the proposed amendments to the ordinance will go
into effect immediately upon adoption. The City must make a finding that the urgency
ordinance is necessary for the immediate preservation of the public peace, health or
safety and must pass the urgency ordinance by at least 4/5th vote. The factual basis for
approving this amended zoning code is that the State of California has set a deadline for
the end of 2017 for Commercial Cannabis local issuance of Permits for the Manufacturing,
Cultivation, and Distribution of Commercial Cannabis. Based on this factual background
adopting this urgency ordinance is necessary for the immediate preservation of the public
peace, health and safety in that the residents of Baldwin Park requires this minor
amendment to the Ordinance.
SECTION 6. This Ordinance shall be effective immediately upon adoption.
PASSED AND APPROVED ON THE 6th day of DECEMBER, 2017.
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
Ordinance No. 1403
Page 23
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 Ordinance No. 1403 was adopted as an urgency matter at a regular meeting
of the City Council held on December 6, 2017, by the following vote:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
ITEM NO.
/
STAFF REPORT„
CSAWGAIWEL
TO: Honorable Mayor and City Councilmembers
4 FROM: Robert N. Tafoya, City Attorney
DATE: December 6,2017
�'SUBJECT: A REQUEST FOR THE CONSIDERATION OF APPROVAL OF
DEVELOPMENT AGREEMENTS FOR COMMERCIAL USE .OF CANNABIS
MANUFACTURING, CULTIVATION, AND DISTRIBUTION
'SUMMARY
This report seeks City Council consideration of the approval of Development Agreements with twenty
Applicants for Commercial Cannabis Manufacturing, Cultivation and Distribution.
FISCAL IMPACT
The expected revenue to the City is dependent on the number of permits issued and the development fees that
are negotiated but it could be as much as several million dollars per year after agreements get put in place and
the business prove successful.
RECOMMENDATION
Staff recommends that, after consideration of the proposed Development Agreements, that the City Council
approve up to twenty Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and
Distribution.
BACKGROUND/DISCUSSION
CALIFORNIA ENVIRONMEWT A 71.IA1 Il "1 I ('I `f D I Y
In accordance with the provisions of the California Environment Quality Act (CEQA), CEQA is not applicable
to the approval of Development Agreements pursuant to Section 15061.13.3 as the Development Agreements
will not have the potential for causing a significant impact upon the environment. Since there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not subject to
CEQA.
PUBLIC OUTREACH TO THE COMMUNITY
As part of the process, the City held several community meetings to receive input on the proposed changes to
the Municipal Code.
DATE
MEETING
MEETING LOCATION
TE # OF
APPROXIMATE
T_IME
ATTENDEES
_
June 19, 2017
11 am
_
Baldwin Park Senior Center
a_....
46 ._ .
..... 19, 2017
June
7 m
p
Baldwin Park Senior Center
2
June 26, 2017
�m
n Park Performing Arts Center
Baldwin _
27
� __ ., m
July 10, 2017
7 pm
Baldwin Park Arts & Recreation Center
14
July 17, 2017
7 pm
Baldwin Park Arts &Recreation Center
8
Cannabis Permit Development Agreements
December 6, 2017
Paee 2
Each community meeting was advertised by the City. It is important to note that there was no significant
opposition from any community members or residents at any of these informational meetings. At each of the
community meetings, a variety of staff and individuals in the cannabis community presented including the
following:
_........... ... na....... �... m _ ,.,. ...............
..ee.. PRESENTERecutiTOPIC
Shannon Yauchzee, Chief Executive
Benefit to the community, Economic Development
..... _ ..... ve Officer wmBene y
_.. .. t.. m, nt perspective, proposed security measures
Mike Ta l�ntertm Police Chief Police Department
Amy Harbin, City Planner Planning process, proposed conditions of approval,
additional public hearings, proposed zoning/locations
Robert Tafoya, Cit
.,
y Attorney Legal background of issue
Overview on commercial cannabis businesses, operations,
Various Industry leaders and experts on Cannabis cultivation, manufacturing and distribution Legal History
of Cannabis
LEGALHISTORYOF CANNABIS
In 1996, the voters of the state of California approved Proposition 215 (codified as Health and Safety Code
Section 11362.5 and entitled "The Compassionate Use Act of 1996"). The intent of the Compassionate Use Act
("CUA") was to enable persons in need of marijuana for medical purposes to obtain and use marijuana without
the threat of criminal prosecution under limited and specific circumstances. Under the ' CUA, "qualified
caregivers" are exempted from being prosecuted under Health and Safety Code Section 11357 (possession of
marijuana) and 11358 (cultivation of marijuana) for specified amounts.
On January 1, 2004, the California State Legislature enacted Senate Bill 420 (the "Medical Marijuana Program
Act" or "MMPA") to clarify the scope of the CUA to allow cities and other governing bodies to adopt and to
enforce rules, regulations, and laws consistent with Senate Bill 420.
The California Supreme Court has made it clear that neither the CUA or MMPA expressly or impliedly
preempts the authority of cities or counties, under their traditional land use nor police powers, to allow, restrict,
limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. The MMPA allows
cities and counties to adopt local ordinances that regulate the location, operation or establishment of medical
marijuana collectives and to enforce such ordinances. The safe distribution of marijuana, as contemplated by
the CUA and the safe the safe distribution of marijuana edibles should include consideration of the safety of all
residents and businesses, not just the users of marijuana or the consumer of marijuana edibles. The proposed
ordinance is designed to address safety and professional management in the operation of any proposed cannabis
business.
On October 9, 2015, the Governor signed three pieces of state legislation which comprise the "Medical
Marijuana Regulation and Safety Act" ("MMRSA"): Assembly Bill (AB) 266, Assembly Bill (AB) 243, and
Senate Bill (SB) 643.
AB 266 Establishes a dual licensing structure requiring a state license and a local license or land use
permit. The Department of Consumer Affairs will coordinate the overall regulatory structure
establishing minimum health and safety and testing standards.
Cannabis Permit Development Agreements
December 6, 2017
Page 3
2. AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of
Food and Agriculture.
3. SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and
recognizes local authority to levy taxes and fees.
Generally and altogether, the MMSRA governs the licensing and control of all medical marijuana business in
the state and approves criminal immunity for licensees. The legislation protects local control in several ways: it
requires dual licensing; local governments may enforce state law in addition to local ordinance (upon request by
the local jurisdiction); and civil and criminal penalties are available for unlicensed activity.
PROPOSITION 64 AND ITS AFTERMATH
In November 2016, California voters passed Proposition 64, hereafter referred to as the "Control, Regulate &
Tax Adult Use of Marijuana Act" ("AUMA"'), allowing the use and cultivation of recreational marijuana in
certain circumstances. On November 8, 2016, the AUMA was approved by California voters with the passage
of Proposition 64.
The AUMA legalizes for persons 21 years or older the right to: (1) smoke or ingest marijuana or marijuana
products; (2)- possess, process, transport, purchase, obtain, give away without compensation to persons 21 years
or older, 28.5 grams of marijuana or 8 grams of concentrated marijuana; and (3) possess, plant, cultivate,
harvest, dry, or process up to six (6) living marijuana plants per legal dwelling unit for personal use.
The AUMA permits local jurisdictions to reasonably regulate, but not ban, indoor cultivation of up to six living
marijuana plants within a private residence for personal use. Private residences include a house, apartment unit,
mobile home, or similar dwelling unit. Permitted cultivation activities are not limited to the residence, but may
also be in a greenhouse on the same property, provided it is fully enclosed, secure, and not visible from a public
space. Smoking remains illegal while driving a vehicle, anywhere where smoking tobacco is- illegal, and in all
public spaces.
Businesses may sell cannabis for recreational use by acquiring a state and local license. However, under the
existing zoning and regulatory Ordinances, all dispensaries remain pro ibited ire Baldwin Park.
The measure creates two new taxes, one on cultivation and the other on retail price. Revenues from these taxes
will be used on research, treatment, enforcement, health and safety grants addressing marijuana, youth
programs, and preventing environmental damage caused by illegal cannabis production. The tax is $9.25 per
ounce for flowers and $2.75 per ounce for leaves, with the exception of some medical marijuana sales and
cultivation. The second is a 15 percent tax on the retail price of marijuana. Taxes will be adjusted for inflation
starting in 2020.
The United States Justice Department, in 2013, proclaimed it would not target lawful marijuana businesses or
cannabis use in states that legalized marijuana use and also enacted and enforced "robust" regulations
permitting marijuana industries. Local jurisdictions are permitted to regulate and ban outdoor cultivation, until
such time as -the United States Attorney General determines that the use of non-medical marijuana is lawful in
California under Federal law.
Cannabis Permit Development Agreements
December 6, 2017
Page 4
Additionally, the AUMA creates a California regulatory and licensing system governing the commercial
cultivation, testing, distribution, transportation, manufacturing, and sale of non-medical marijuana and non-
medical marijuana products. No firm timeframe has been established for this licensing system, however,
January 1, 2018, has been indicated as the date by which the State will begin to issue licenses. Additionally,
under the AVMA, the State will have a comprehensive regulatory system for commercial activities (versus
personal) related to non-medical marijuana. The State-run Bureau of Marijuana Control, currently known as the
Bureau of Medical Cannabis Regulation, will have primary oversight for enforcing the AVMA. A State
marijuana license will be valid for one year. A separate State license will be required for each commercial
marijuana business location. With the exception of testing facilities, any person or entity licensed under
AUMA may apply for and be issued more than one type of State license.
On April 28, 2017, the State released draft regulations for businesses to track medical marijuana and medical
marijuana products from seed to sale, for how medical marijuana can be transported, and required security
measures for medical marijuana dispensaries. The comment period is a minimum of 45 days and staff
anticipates it will take some time before the regulations are finalized. Additionally, the Bureau of Medical
Cannabis Regulation is in the process of developing the State's first Cannabis Advisory Committee, which will
help to finalize regulations for medical and non-medical marijuana. As of May 2017, there were 56 pending
State laws regarding marijuana.
MEDICAL AND ADULT -USE CANNABL` REGULATIONAND SAFETYACT
Recently, the Governor signed a new bill, SB 94, entitled the "Medical and Adult -Use Cannabis Regulation and
Safety Act" ("MAUCRSA"), which took effect immediately. MAUCRSA melds the State's medical -only
regulations passed by the legislature (a.k.a. MCRSA) with the adult -use rules approved by the voters under
Prop. 64. For the most part, MAUCRSA follows the more flexible, industry -friendly rules of AUMA, such as
allowing applicants to get licenses in different phases of the industry—cultivation, manufacture, distribution
and retailing — rather than restrict so-called "vertical integration" by allowing just a single kind of license, as
under MCRSA. It also eliminates MCRSA's independent distributor requirement, authorizes the issuance of
temporary special -event licenses, and drops the California residency requirement for license applicants.
Under MAUCRSA, applicants have the choice of applying for a medical "Type M" or adult -use "Type A"
license in any category (cultivating, manufacture, etc.). It requires medical and adult -use businesses to operate
separately, however a provision to allow co -location of adult and medical use facilities has been incorporated in
a separate regulatory clean-up bill. AB 64 would: (1) allow medical and adult -use licenses to operate on the
same premises; (2) amend California's Model State Trademark Law to allow trademarks for cannabis products,
and (3) allow existing medical collectives, which must still operate as not -for -profits under SB 420 pending
state regulation, to operate on a for-profit basis immediately.
Currently, California Business & Professions Code §26000, et seq., provides the State's comprehensive system
to control and regulate the cultivation, distribution, manufacturing, processing, and sale of medical marijuana
and adult use marijuana for persons 21 years old and over.
CITY'S REGULATION OF CANNABIS
In addition to adding Medical and Adult Use Cannabis to Industrial and Industrial Commercial zones with a
Permit and Development Agreement, the City added Chapter 127 of Title XI of the Municipal Code. The
Cannabis Permit Development Agreements
December 6, 2017
Page 5
ordinance contains many safeguards to assure that the City and its citizens are protected and that any marijuana
licensees conduct their businesses safely. Among the safeguards are:
a) No manufacturing or cultivation site will be located with six hundred (600) feet of a school, daycare
center, or youth center. No manufacturing or cultivation site will be within fifty (50) feet of a residential
zone;
b) All manufacturing and cultivation sites will be limited to certain city Industrial (I) and Industrial
Commercial (IC) zones;
c) All manufacturing and cultivation will occur in enclosed, locked structures;
d) All manufacturing and cultivation sites, and operations therein, and all equipment used, must be in
compliance with all applicable state and local laws, including all building, electrical, and fire codes;
e) The use and storage of hazardous materials, including flammable gas, flammable liquefied gas, and
combustible materials, must comply with all the Fire Code standards;
f) All manufacture and cultivation sites are required to be fire sprinkled under the Fire Code standards;
g) From a public right-of-way, there should be no exterior evidence of the manufacture or cultivation of
cannabis, except for any authorized signage;
h) All transportation of cannabis must comply with state law;
i) High standards for granting permits, with many grounds for denial of a permit;
j) Requirements for security cameras to be installed and maintained on sites;
k) Alarm system requirements for sites;
1) Requirements that licensees implement a system to track the cultivation and manufacturing of cannabis,
in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by
state law;
m) Video surveillance requirements;
n) All applicants must execute an agreement indemnifying the City from any claims, damages, injuries, or
liabilities of any kinds associated with operation of the marijuana facilities;
o) Requirements that the facilities maintain insurance, in amounts and types acceptable to the City;
including naming the City as an additional insured;
p) Requiring inspections by the Chief Executive Officer or his designee, law enforcement or their
designees, of the facilities;
q) Control and regulation of noxious odors; and
Cannabis Permit Development Agreements
December 6, 2017
Page 6
r) Provide the City-wide powers to summarily suspend or revoke permits, or disqualify an applicant from
the registration process.
TIME -IS OF THE ESSENCE
It is important that the City begin the processes related to permitting businesses to manufacture and cultivate
cannabis within its jurisdiction as soon as possible. The City has adopted an aggressive schedule to get the
ordinance effective because any cannabis businesses with a local permit and in operation by January 1,. 2018
will receive preferential treatment by the State when the State begins issuing licenses on January 1, 2018. If a
cannabis business does not have a local permit and be in operation by January 1, 2017, that business will go to
the back of the line for State permits and could wait 12-24 months after January 1, 2018 before getting a State
permit to operate. Therefore, it is critical to have the systems in place for selecting permittees and for issuing
permits by mid-September in order to allow our applicants to get "up and running" by January 1, 2018. It is
believed that the applicants will need several months to build their facility, install cameras and ventilation
systems and perform all the necessary tasks to allow the business to be "in operation."
REVENUE TO CITY
The expected revenue to the City is dependent on the number of permits issued and the development fees that
are negotiated but it could be as much as several million dollars per year after agreements get put in place and
the business prove successful.
DEVELOPMENT AGREEMENTS
The Application Process included the Planning Department's review of applications for completeness, a City
Subcommittee review of the Applications, and finally negotiations for Development Agreements with the
Applicants for Manufacturing, Cultivation, and/or Distribution of Commercial Cannabis. After the
Subcommittee's review, the Applicants negotiated with the City Attorney's Office for terms of the
Development Agreement. A form Development Agreement is attached for public review. The City Council
reviewed the proposed terms of the Development Agreement; however, will not make any decision until the
Agreements are made public at this duly noticed public meeting. Consistent and pursuant to Chapter 127 of the
Baldwin Park Municipal Code Development Agreements must be approved by the City Council prior to
issuance of permits for commercial use of Cannabis for Manufacturing, Cultivation and/or Distribution.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Council may choose to set another meeting to consider the proposed Development Agreement; however the
deadline for approval is prior to January 1, 2018.
ATTACHMENTS
1. Form Development Agreement
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF BALDWIN PARK AND
ARTICLE 1. PARTIES AND DATE.
This Development Agreement ("Agreement") is dated November , 2017 for
references purposes only and is entered into between (i) the City of Baldwin Park
("City"), a California municipal corporation, and (ii) , a California
("Owner"). This Agreement shall become effective on the Effective Date defined in
Section 3.1.11 below.
ARTICLE 2. RECITALS.
2.1 WHEREAS, the City is authorized to enter into binding development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
2.2 WHEREAS, Owner commenced its efforts to obtain approvals and
clearances to cultivate, manufacture, and distribute medical and adult use cannabis in
September 2017; and at that time the City determined that the uses authorized in this
Agreement were lawfully permitted and authorized to occur on Owner's Property,
subject to Owner's acquisition of various entitlements, as discussed herein; and
2.3 WHEREAS, Owner voluntarily enters into this Agreement and after
extensive negotiations and proceedings have been taken in accordance with the rules
and regulations of the City, Owner has elected to execute this Agreement as it provides
Owner with important economic and development benefits; and
2.4 WHEREAS, this Agreement and the Project are consistent with the City's
General Plan and Zoning Code and applicable provisions of the City's applicable Zoning
Map as of the Agreement Date; and
2.5 WHEREAS, all actions taken and approvals given by the City have been
duly taken or approved in accordance with all applicable legal requirements for notice,
public hearings, findings, votes, and other procedural matters; and
2.6 WHEREAS, this Agreement will eliminate uncertainty in planning and
provide for the orderly development of the Property, ensure progressive installation of
necessary improvements, and provide for public services appropriate to the
development of the Project; and
2.7 WHEREAS, in implementation of the promulgated state policy to promote
private participation in comprehensive planning and to strengthen the public planning
process and to reduce the economic risk of development, the City deems the
implementation of this Agreement to be in the public interest and intends that the
adoption of this Agreement be considered an exercise of the City's police powers to
regulate the development of the Property during the Term of this Agreement; and
2.8 WHEREAS, this Agreement is consistent with the public health, safety and
welfare needs of the residents of the City and the surrounding region and the City has
specifically considered and approved the impact and benefits of the development of the
Property in accordance with this Agreement upon the welfare of the region; and
2.9 WHEREAS, Owner intends to develop a Cannabis Cultivation Facility
pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable
state laws, rules, and regulations; and
2.10 WHEREAS, concurrently with execution of this Agreement, City
acknowledges that Owner has been authorized to cultivate, manufacture, and distribute
cannabis and cannabis related products at its facility or facilities up to 22,000 square
feet.
ARTICLE 3. GENERAL TERMS.
3.1 Definitions and Exhibits. The following terms when used in this
Agreement shall be defined as follows:
corporation.
3.1.1 "Agreement" means this Development Agreement.
3.1.2 "City" means the City of Baldwin Park, a California municipal
3.1.3 "Days" mean calendar days unless otherwise specified.
3.1.4 "Dedicate" means to offer the subject land for dedication and to
post sufficient bonds or other security if necessary for the improvements to be
constructed including, but not limited to: grading, the construction of infrastructure and
public facilities related to the Project whether located within or outside the Property, the
construction of buildings and structures, and the installation of landscaping.
3.1.5 "Development" includes grading, construction or installation of
public and private facilities and the right to maintain, repair or reconstruct any private
building, structure, improvement or facility after the construction and completion thereof;
provided, however, that such maintenance, repair, or reconstruction take place within
the Term of this Agreement on the Property.
3.1.6 "Development Approvals" means all permits, licenses, and/or other
entitlements for the Development of the Property, including any and all conditions of
approval, subject to approval or issuance by the City in connection with Development of
the Property.
3.1.7 "Development Approvals" specifically include this Agreement.
"Development Approvals" also include both the Existing Development Approvals and
the Subsequent Development Approvals approved or issued by the City that are
consistent with this Agreement.
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3.1.8 "Development Plan" means the Existing Development Approvals
and the Existing Land Use Regulations applicable to development of the Property for
the Project, as modified and supplemented by Subsequent Development Approvals.
3.1.9 "BPMC" means the City of Baldwin Park Municipal Code.
3.1.10 "Effective Date" means the day this Development Agreement is
approved and adopted by the Baldwin Park City Council.
3.1.11 "Existing Development Approvals" means all Development
Approvals approved or issued prior to or on the Effective Date. Existing Development
Approvals include the approvals set forth in Section 3.1.6 and all other approvals which
are a matter of public record prior to or on the Effective Date.
3.1.12 "Existing Land Use
in effect on the Effective Date. Existing
that are a matter of public record on the
Existing Development Approvals.
Regulations" means all Land Use Regulations
Land Use Regulations include all regulations
Effective Date as they may be modified by the
3.1.13 "Land Use Regulations" means all ordinances, resolutions and
codes adopted by the City governing the development and use of land, including the
permitted use of land, the density or intensity of use, subdivision requirements, the
maximum height and size of proposed buildings, the provisions for reservation or
Dedication of land for public purposes, and the design, improvement and construction
and initial occupancy standards and specifications applicable to the Development of the
Property.
"Land Use Regulations" do not include any City or City -agency ordinance, resolution or
code governing any of the following:
(i) The conduct, licensing or taxation of businesses,
professions, and occupations;
(ii) Taxes and assessments of general application upon all
residents of the City;
(iii) The control and abatement of nuisances;
(iv) The granting of encroachment permits and the conveyance
of rights and interests that provide for the use of or the entry upon public property; and
(v) The exercise of the power of eminent domain.
3.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary
under a deed of trust or any other security -device lender and its successors -in interest.
3.1.15 "Owner" means a CA, and its permitted successors in
interest to all or any part of the Property.
3.1.16 "Processing Fees" means the normal and customary application,
filing, plan check, permit fees for land use approvals, design review, tree removal
permits, building permits, demolition permits, grading permits, and other similar permits
and entitlements, and inspection fees, which fees are charged to reimburse the City's
expenses attributable to such applications, processing, permitting, review and
inspection and which are in force and effect on a general basis at such time as said
approvals, permits, review, inspection or entitlements are granted or conducted by the
City.
3.1.17 "Project" means the Development of the Property contemplated by
the Development Plan, as such Development Plan may be further defined, enhanced or
modified pursuant to the provisions of this Agreement. The Project shall consist of this
Agreement, the Development Plans, any and all entitlements licenses, and permits
related to the Project, any and all licenses.
3.1.18 "Property" means the real property described on Exhibit A and
shown on Exhibit B, both attached hereto and incorporated herein by this reference.
Owner may modify the location or locations of the Property subject to City approval and
all applicable zoning and distance requirements.
3.1.20.1 "Reasonable" means using due diligence to accomplish a stated
objective that the subject party is capable of performing or providing under the
circumstances in a manner that is consistent with the intent and objectives of the
Agreement.
3.1.19 "Reservations of Authority" means the rights and authority
excepted from the assurances and rights provided to Owner under this Agreement and
reserved to the City as described in Section 4.4.
3.1.20 "Space" shall mean any space or ground, floor or other surface
area (whether horizontal or vertical) which is used during the marijuana germination,
seedling, vegetative, pre -flowering, flowering and harvesting phases, including without
limitation any space used for activities such as growing, planting, seeding, germinating,
lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching,
cropping, curing or drying marijuana or any such space used for storing any products,
supplies or equipment related to any such activities, no matter where such storage may
take place or such storage space may be located.
3.1.21 "Subsequent Development Approvals" means all future
discretionary approvals and all ministerial Development Approvals required subsequent
to the Effective Date in connection with development of the Property, including without
limitation, subdivision improvement agreements that require the provision of bonds or
other securities. Subsequent Development Approvals include, without limitation, all
excavation, grading, building, construction, demolition, encroachment or street
improvement permits, occupancy certificates, utility connection authorizations, or other
permits or approvals necessary, convenient or appropriate for the grading, construction,
marketing, use and occupancy of the Project within the Property at such times and in
such sequences as Owner may choose consistent with the Development Plan and this
Agreement.
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3.1.22 "Subsequent Land Use Regulations" means any Land Use
Regulations defined in Section 4.4 that are adopted and effective after the,. Effective
Date of this Agreement.
3.2 Exhibits. The following documents are attached to and, by this
reference, made part of this Agreement:
Exhibit A — Legal Description of the Property.
Exhibit B — Map showing Property and its location.
3.3 Binding Effect of Agreement. The Property is hereby made subject to
this
Agreement. Subject to Owner's receipt of all Development Approvals relative thereto,
the Development of the Property is hereby authorized and shall, except as otherwise
provided in this Agreement, be carried out only in accordance with the terms of this
Agreement and the Development Plan. In the event of conflict or uncertainty between
this Agreement and the Development Plan, the provisions of this Agreement shall
control.
3.4 Ownership of Property. Owner represents and covenants that it has a legal
or equitable interest in the Property, which has an Assessor's Parcel Number of
and is more particularly described in Exhibit A attached hereto and
incorporated herein.
3.5 Term. The parties agree that the Term of this Agreement shall be fifteen
(15) years commencing on the Effective Date subject to the extension and early
termination provisions described in this Agreement, with the Term subject to possible
tolling pursuant to Section 11.10 of this Agreement. Upon termination of this
Agreement, this Agreement shall be deemed terminated and of no further force and
effect without the need of further documentation from the parties hereto. The
Agreement's Mitigation Fee is subject to renegotiation after every five years.
3.5.1 Term Extension. This Agreement may be extended by mutual
agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin
Park.
3.6 Automatic Termination. This Agreement shall automatically terminate
upon the occurrence of any of the following events:
(i) Expiration of the Term of this Agreement as set forth in
Section 3.5;
(ii) The entry of a final judgment (or a decision on any appeal
therefrom) voiding the City's General Plan or any element thereof, which judgment or
decision would preclude development of the Project, but only if the City is unable to cure
such defect in the General Plan or element within one hundred and eighty (180) days
from the later of entry of final judgment or decision on appeal.
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3.6.1 Effect of Termination. Termination of this Agreement shall
constitute termination of all land use entitlements approved for the Property. Upon the
termination of this Agreement, no party shall have any further right or obligation
hereunder except with respect to any obligation to have been performed prior to such
termination, or with respect to any default in the performance of the provisions of this
Agreement which has occurred prior to such termination, or with respect to any
obligations which are specifically and expressly set forth as surviving this Agreement.
3.7 Notices.
3.7.1 Notice Defined. As used in this Agreement, notice includes, without
limitation, the communication of notice, request, demand, approval, statement, report,
acceptance, consent, waiver, appointment or other communication required or permitted
hereunder.
3.7.2 Written Notice and Delivery. All notices shall be in writing and shall
be considered given:
(i) when delivered in person to the recipient named below; or
(ii) three days after deposit in the United States mail, postage
prepaid, addressed to the recipient named below; or
(iii) on the date of delivery shown in the records of the delivery
company after delivery to the recipient named below; or
(iv) on the date of delivery by facsimile transmission to the
recipient named below if a hard copy of the notice is deposited in the United States
mail, postage prepaid, addressed to the recipient named below. All notices shall be
addressed as follows:
If to the City: Chief Executive Officer
14403 E. Pacific Avenue
Baldwin Park, CA 91706
If to Owner:
3.7.3 Address Changes. Either party may, by notice given at any time,
require subsequent notices to be given to another person or entity, whether a party or
an officer or representative of a party or to a different address, or both. Notices given
before actual receipt of notice of change shall not be invalidated by the change.
3.8 Validity of this Agreement. Owner and the City each acknowledge that
neither party has made any representations to the other concerning the enforceability
or validity of any one or more provisions of this Agreement. The parties acknowledge
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and agree that neither party shall allege in any administrative or judicial proceeding
that the entering into or the performance of any obligations created in this Agreement
violates federal or state law, with respect to all federal, state and local statutes,
ordinances or regulations in effect as of the Effective Date.
ARTICLE 4. DEVELOPMENT OF THE PROPERTY.
4.1 Right to Develop. Owner shall, subject to the terms of this Agreement,
develop the Property with a commercial cannabis facility in accordance with and to
the extent of the Development Plan. The Property shall remain subject to all
Subsequent Development Approvals required to complete the Project as
contemplated by the Development Plan.
4.2 Effect of Agreement on Land Use Regulations. Except as otherwise
provided by this Agreement, the rules, regulations and official policies and conditions
of approval governing permitted uses of the Property, the density and intensity of use
of the Property, the maximum height and size of proposed buildings, and the design,
improvement, occupancy and construction standards and specifications applicable to
development of the Property shall be the Development Plan. Provided, however, that
in approving tentative subdivision maps, the City may impose ordinary and necessary
dedications for rights-of-way or easements for public access, utilities, water, sewers
and drainage, having a nexus with the particular subdivision; provided, further, that
the City may impose and will require normal and customary subdivision improvement
agreements and commensurate security to secure performance of Owner's
obligations thereunder.
4.3 Changes to Project. The parties acknowledge that changes to the
Project or Development Approvals may be appropriate and mutually desirable. The
City shall act on such applications, if any, in accordance with the Existing Land Use
Regulations, subject to the Reservations of Authority, or except as otherwise
provided by this Agreement. If approved, any such change in the Existing
Development Approvals shall be considered an additional Existing Development
Approval.
4.4 Reservations of Authority. Any other provision of this Agreement to the
contrary notwithstanding, the Development of the Property shall be subject to
subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations"
or sometimes referred to as "Reservation of Authority") on the following topics:
(i) Processing Fees imposed by the City to cover the estimated or
actual costs to the City of processing applications for Development Approvals or for
monitoring compliance with any Development Approvals granted or issued, which fees
are charged to reimburse the City's lawful expenses attributable to such applications,
processing, permitting, review and inspection and which are in force and effect on a
general basis at such time as said approvals, permits, review, inspection or entitlement
are granted or conducted by the City.
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(ii) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations; appeals
and any other matter of procedure.
(iii) Regulations governing engineering and construction standards and
specifications including, any and all uniform codes adopted by the State of California
and subsequently adopted by the City.
(iv) Regulations which may be in conflict with the Development Plan but
which are reasonably necessary to protect the public health and safety; provided,
however, the following shall apply:
(a) That to the extent possible, such regulations shall be applied
and construed so as to provide Owner with the rights and assurances provided in this
Agreement;
(b) That such regulations apply uniformly to all new
development projects of the same uses within the City; and
(v) Regulations that do not conflict with the Development Plan. The
term "do not conflict" means new rules, regulations, and policies which: (a) do not
modify the Development Plan, including, without limitation, the permitted land uses, the
density or intensity of use, the phasing or timing of Development of the Project, the
maximum height and size of proposed buildings on the Property, provisions for
Dedication of land for public purposes and Development Exactions, except as expressly
permitted elsewhere in this Agreement, and standards for design, development and
construction of the Project; (b) do not prevent Owner from obtaining any Subsequent
Development Approvals, including, without limitation, all necessary approvals, permits,
certificates, and the like, at such dates and under such circumstances as Owner would
otherwise be entitled by the Development Plan; or (c) do not prevent Owner from
commencing, prosecuting, and finishing grading of the land, constructing public and
private improvements, and occupying the Property, or any portion thereof, all at such
dates and schedules as Owner would otherwise be entitled to do so by the
Development Plan.
(vi) The City shall not be prohibited from applying to the Project
Subsequent Land Use Regulations that do not affect permitted uses of the land, density,
design, public improvements (including construction standards and specifications) or the
rate of development of the Development, nor shall the City be prohibited from denying
or conditionally approving any Subsequent Development applications on the basis of
such subsequent Land Use Regulations.
4.5 Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of the City possess authority to regulate
aspects of the development of the Property separately from or jointly with the City,
and this Agreement does not limit the authority of such other public agencies. The
City shall reasonably cooperate with other public agencies processing Development
Approvals for the Project.
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4.6 Tentative Subdivision Map and Development Approvals Lifespan. The
term of any tentative subdivision map shall be in effect for a period of ten (10) years,
and may be extended pursuant to the provisions of the California Subdivision Map
Act (Government Code §§ 66410 of seq.) All Development Approvals shall not expire
if Owner commences substantial construction of the Project within three (3) years
from the Effective Date of this Agreement. "Substantial Construction" means the
issuance of a building permit in furtherance of the Project.
4.7 Satisfaction of Conditions of Approval. Owner shall comply'with any
and all conditions of approval for any entitlement, permit, or license it receives from
the City.
4.8 Subsequent Entitlements. Prior to commencement of construction of
the Project, Owner shall be required to submit applications for any and all subsequent
entitlements, if any, consistent with the terms and conditions set forth in this
Agreement.
4.9 City Records Inspection. Owner acknowledges and agrees that the City
is empowered to examine Owner's books and records, including tax returns: The City
has the power and authority to examine such books and records at any reasonable
time, including but not limited to, during normal business hours. If the City wishes to
inspect the areas of the Property where the cannabis is being cultivated, City must
provide Owner written notice, with such notice being provided in a reasonable time,
requesting entry into the cultivation, manufacturing, distribution and curing areas. In
addition, City agrees that all of its employees or agents which enter the cultivation
and curing areas shall follow all of the policies and guidelines imposed on Owner's
employees, including without limitation, the wearing of any clothing or equipment to
insure that no pests or impurities shall enter the cultivation and curing areas.
ARTICLE 5. PUBLIC BENEFITS.
5.1 Intent. The parties acknowledge and agree that development of the
Property will result in substantial public needs which will not be fully met by the
Development Plan and further acknowledge and agree that this Agreement confers
substantial private benefits on Owner which should be balanced by commensurate
public benefits. Accordingly, the parties intend to provide consideration to the public
to balance the private benefits conferred on Owner by providing more fully for the
satisfaction of the public needs resulting from the Project.
5.2 For the first year, Owner will pay the City a total of $220,000 as a
Mitigation Fee. This fee is calculated based on $10.00 a square foot of permit space
and a permit which allows up to 22,000 sq. feet.
5.3 In year two and year three, the Mitigation Fee will increase to $12.50
per sq. foot for a total of $275,000 per year
5.4 At the beginning of year four and year five, Owner will pay a Mitigation
Fee of $15.00 per sq. foot for a total of $330,000 per year.
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5.5 The Mitigation Fee schedule is as follows: payment is due at the close
of each quarter. Therefore, the first payment will be due on the last day of March, the
second payment due on the last day of June, the third payment due on the last day of
September, and the final payment due by the last day of December.
5.6 The Mitigation Fee is subject to reassessment by the City every five
years. At the end of year five, the City will set a new per sq. ft. rate as applied in
years 6 through 10. At the end of year 10, the City will set new per sq. ft. rate as
applied in years 11 through 15. The City may take into consideration various factors
including, but not limited to, current market conditions, and the Owner's unique
circumstances. However, no one factor is dispositive in the City's determination of
the per sq. ft. rate. The Medical Cannabis permit will expire at the close of the 15th
year and will require the Owner to reapply with the City for a new permit.
5.7 Further, Owner will pay a yearly payment of $50,000 to the City that can
be used to pay a part of a police officer's salary and benefits. This $50,000 amount
will be due at the time the permit is issued. Subsequent annual payments will be due
on the permit issuance anniversary date.
5.8 Jobs and Wage Creation.
5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire
qualified City residents for jobs at the Project. Owner shall also use reasonable efforts
to retain the services of qualified contractors and suppliers who are located in the City
or who employ a significant number of City residents. At least 20 percent of the Pro"ect"s
workforce shall consist of residents of the Cit . Job announcements shall be posted at
City Hall, along with proof that the job announcements were advertised in at least two
newspapers published, printed or distributed in the City and on various social media sites
accessible to the general public. In addition, Owner shall make a good faith effort to
advertise job announcements at local job fairs, on local radio and through public agencies
and organizations.
5.9 Development Agreement Administrative Fee Deposit. Owner shall be
responsible for all of the City's actual costs associated with processing Development
Approvals for the Project including, but not limited to, costs associated with the City's
review and processing of the Project, including but not limited to reviewing the
Project's entitlements, including all environmental clearance documents, permits,
licenses and all documents evidencing compliance with state and local law. As such,
Owner must deposit $15,000 with the City for the purpose of reimbursing the City for
any associated costs with processing the Project, as detailed above and reimbursing
the City for its actual costs incurred in drafting and processing this Agreement.
Owner will not be liable for the City's actual costs incurred in processing future
Development Approval applications. City acknowledges and agrees that this
payment is not merely a deposit, but is a cap on the amount of the City's actual costs
incurred in processing this Agreement.
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ARTICLE 6. [RESERVED]
ARTICLE 7. REVIEW FOR COMPLIANCE.
7.1 Periodic Review. The City Council shall review this Agreement
annually, on or before each anniversary of the Effective Date, in order to ascertain
Owner's good faith compliance with this Agreement. During the periodic review,
Owner shall be required to demonstrate good faith compliance with all the terms of
the Agreement.
7.2 Special Review. The City Council may order a special review of
compliance with this Agreement at any time, if the City determines that Owner is in
breach of this Agreement.
7.3 Review Hearing. At the time and place set for the review hearing,
Owner shall be given an opportunity to be heard. If the City Council finds, based
upon substantial evidence, that Owner has not complied in good faith with the terms
or conditions of this Agreement, the City Council may terminate this Agreement
notwithstanding any other provision of this Agreement to the contrary, or modify this
Agreement and impose such conditions as are reasonably necessary to protect the
interests of the City. The decision of the City Council shall be final, subject only to
judicial review.
7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic
or special review, the City Council determines that Owner is in compliance with this
Agreement, the City shall issue a Certificate of Agreement Compliance ("Certificate")
to Owner stating that after the most recent periodic or special review, and based
upon the information known or made known to the City Council, that (i) this
Agreement remains in effect and (ii) Owner is not in default. The City shall not be
bound by a Certificate if a default existed at the time of the periodic or special review,
but was concealed from or otherwise not known to the City Council, regardless of
whether or not the Certificate is relied upon by assignees or other transferees or
Owner.
7.5 Failure to Conduct Review. The Cit 's failure to conduct a eriodic
review of this ,Agreement shall not constitute a breach of this Agreement.
7.6 Cost of Review. The costs incurred by City in connection with the
periodic reviews shall be borne by the City. The Owner is not liable for any costs
associated with any City periodic review of this Agreement. The Owner is not liable
for costs incurred for reviews.
ARTICLE 8. DEFAULTS AND REMEDIES.
8.1 Remedies in General. It is acknowledged by the parties that the City
would not have entered into this Agreement if it were to be liable in damages under
this Agreement, or with respect to this Agreement or the application thereof, except
as hereinafter expressly provided. Subject to extensions of time by mutual consent in
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writing, failure or delay by either party to perform any term or provision of this
Agreement shall constitute a default. In the event of alleged default or breach of any
terms or conditions of this Agreement, the party alleging such default or breach shall
give the other party not less than thirty (30) days' notice in writing specifying the
nature of the alleged default and the manner in which said default may be
satisfactorily cured during any such thirty (30) day period, the party charged shall not
be considered in default for purposes of termination or institution of legal
proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of
such a nature that it cannot be cured within thirty (30) days, the alleged defaulting
party shall not be deemed in default as long as such party commences to cure such
default within such thirty (30) day period and thereafter diligently prosecutes such
cure to completion.
In general, each of the parties hereto may pursue any remedy at law or equity available
for the breach of any provision of this Agreement through any state court, except that
the City shall not be liable in monetary damages, unless expressly provided for in this
Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of
Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf
of itself and all successors in interest to the Property or any portion thereof, not to sue
for damages or claim any damages:
(i) For any breach of this Agreement or for any cause of action which
arises out of this Agreement; or
(ii) For the impairment or restriction of any right or interest conveyed or
provided under, with, or pursuant to this Agreement, including, without limitation, any
impairment or restriction which Owner characterizes as a regulatory taking or inverse
condemnation; or
(iii) Arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement.
Nothing contained herein shall modify or abridge Owner's rights or remedies (including
its rights for damages, if any) resulting from the exercise by the City of its power of
eminent domain. Nothing contained herein shall modify or abridge Owner's rights or
remedies (including its rights for damages, if any) resulting from the grossly negligent or
malicious acts of the City and its officials, officers, agents and employees. Nothing
herein shall modify or abridge any defenses or immunities available to the City and its
employees pursuant to the Government Tort Liability Act and all other applicable
statutes and decisional law.
Except as set forth in the preceding paragraph relating to eminent domain, Owner's
remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and
Section 8.3.
Notwithstanding anything to the contrary contained herein, the City covenants as
provided in Civil Code Section 3300 not to sue for or claim any consequential damages
or, in the event all or a portion of the Property is not developed, for lost profits or
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revenues which would have accrued to the City as a result of the development of the
Property.
8.2 Specific Performance. The parties acknowledge that money damages
and remedies at law are inadequate, and specific performance and other non -
monetary relief are particularly appropriate remedies for the enforcement of this
Agreement and should be available to all parties for the following reasons:
(i) Except as provided in Sections 8.1 and 8.5, money damages are
unavailable against the City as provided in Section 8.1 above.
(ii) Due to the size, nature and scope of the Project, it may not be
practical or possible to restore the Property to its natural condition once implementation
of this Agreement has begun. After such implementation, Owner may be foreclosed
from other choices it may have had to use the Property or portions thereof. Owner has
invested significant time and resources and performed extensive planning and
processing of the Project in agreeing to the terms of this Agreement and will be
investing even more significant time and resources in implementing the Project in
reliance upon the terms of this Agreement, and it is not possible to determine the sum of
money which would adequately compensate Owner for such efforts; the parties
acknowledge and agree that any injunctive relief may be ordered on an expedited,
priority basis.
8.3 Termination of Agreement for Default of the City. Owner may terminate
this Agreement only in the event of a default by the City in the performance of a
material term of this Agreement and only after providing written notice to the City of
default setting forth the nature of the default and the actions, if any, required by the
City to cure such default and, where the default can be cured, the City has failed to
take such actions and cure such default within sixty (60) days after the effective date
of such notice or, in the event that such default cannot be cured within such sixty
(60) day period but can be cured within a longer time, has failed to commence the
actions necessary to cure such default within such sixty (60) day period and to
diligently proceed to complete such actions and cure such default. In such a
situation, notwithstanding the termination of this Agreement, all Development
Approvals shall remain in full force and effect.
8.4 Attorneys' Fees and Costs. In any action or proceeding between the
City and Owner brought to interpret or enforce this Agreement, or which in any way
arises out of the existence of this Agreement or is based upon any term or provision
contained herein, the "prevailing party" in such action or proceeding shall be entitled
to ' recover from the non -prevailing party, in addition to all other relief to which the
prevailing party may be entitled pursuant to this Agreement, the prevailing party's
reasonable attorneys' fees and litigation costs, in an amount to be determined by the
court. The prevailing party shall be determined by the court in accordance with
California Code of Civil Procedure Section 1032. Fees and costs recoverable
pursuant to this Section 9.4 include those incurred during any appeal from an
underlying judgment and in the enforcement of any judgment rendered in any such
action or proceeding.
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8.5 Owner Default. No building permit shall be issued or building permit
application accepted for any structure on the Property after Owner is determined by
the City to be in default of the terms and conditions of this Agreement until such
default thereafter is cured by Owner or is waived by the City. If the City terminates
this Agreement because of Owner's default, then the City shall retain any and all
benefits, including money or land received by the City hereunder.
ARTICLE 9. THIRD PARTY LITIGATION.
9.1 General Plan Litigation. The City has determined that this Agreement is
consistent with its General Plan. Owner has reviewed the General Plan and concurs
with the City's determination. The City shall have no liability under this Agreement or
otherwise for any failure of the City to perform under this Agreement, or for the
inability of Owner to develop the Property as contemplated by the Development Plan,
which failure to perform or inability to develop is as the result of a judicial
determination that the General Plan, or portions thereof, are invalid or inadequate or
not in compliance with law, or that this Agreement or any of the City's actions in
adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding
the foregoing, neither party shall contend in any administrative or judicial proceeding
that the Agreement or any Development Approval is unenforceable based upon
federal, state or local statutes, ordinances or regulations in effect on the Effective
Date.
9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold
City, its elective and appointive boards, commissions, officers, agents, and
employees harmless from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property damage which may arise
from Owner or Owner's contractors, subcontractors, agents, or employees operations
under this Agreement, whether such operations be by Owner, or by any of Owner's
contractors, subcontractors, agents, or employees operations under this Agreement,
whether such operations be by Owner, or by any of Owner's contractors,
subcontractors, or by any one or more persons directly or indirectly employed by, or
acting as agent for Owner or any of Owner's contractors or subcontractors. Owner
agrees to and shall defend City and its elective and appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity for
damage caused, or alleged to have been caused, by reason of any of the aforesaid
operations.
9.3 Indemnification. Owner shall defend, indemnify and hold harmless City
and its agents, officers and employees against and from any and all liabilities,
demands, claims, actions or proceedings and costs and expenses incidental thereto
(including costs of defense, settlement and reasonable attorneys' fees), which any or
all of them may suffer, incur, be responsible for or pay out as a result of or in
connection with any challenge to the legality, validity or adequacy of any of the
following: (i) this Agreement and the concurrent and subsequent permits, licenses
and entitlements approved for the Project or Property; (ii) the environmental impact
report, mitigated negative declaration or negative declaration, as the case may be,
prepared in connection with the development of the Property; and (iii) the
proceedings undertaken in connection with the adoption or approval of any of the
-14-
above. In the event of any legal or equitable action or other proceeding instituted by
any third party (including a governmental entity or official) challenging the validity of
any provision of this Agreement or any portion thereof as set forth herein, the parties
shall mutually cooperate with each other in defense of said action or proceeding.
Notwithstanding the above, the City, at is sole option, may tender the complete
defense of any third party challenge as described herein. In the event the City elects
to'contract with special counsel to provide for such a defense, the City shall meet and
confer with Owner regarding the selection of counsel, and Owner shall pay all costs
related to retention of such counsel.
9.4 Environmental Contamination. Owner shall indemnify and hold the City,
its officers, agents, and employees free and harmless from any liability, based or
asserted, upon any act or omission of the Owner, its officers, agents, employees,
subcontractors, predecessors in interest, successors, assigns and independent
contractors, excepting any acts or omissions of City as successor to any portions of
the Property dedicated or transferred to City by Owner, for any violation of any
federal, state or local law, ordinance or regulation relating to industrial hygiene or to
environmental conditions on, under or about the Property, including, but not limited
to, soil and groundwater conditions, and Owner shall defend, at its expense, including
attorneys' fees, the City, its officers, agents and employees in any action based or
asserted upon any such alleged act or omission. The City may in its discretion
participate in the defense of any such claim, action or proceeding. The provisions of
this Section 10.4 do not apply to environmental conditions that predate' Owner's
ownership or control of the Property or applicable portion; provided, however, that the
foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or
equitable obligations as an owner or seller of the Property.
9.5 The City to Approve Counsel. With respect to Sections 9.1 through 9.4,
the City reserves the right to approve the attorney(s) which Owner selects, hires or
otherwise engages to defend the City hereunder, which approval shall not be
unreasonably withheld.
9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9,
the City shall not reject any reasonable good faith settlement. Before accepting any
such settlement offer, City shall notify Owner of the offer and provide Owner with a
copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior
to the City's response to any offer, the parties shall meet and confer in order to
attempt to resolve the parties' differences. If the City does reject a reasonable, good
faith settlement that is acceptable to Owner, Owner may enter into a settlement of the
action, as it relates to Owner, and the City shall thereafter defend such action
(including appeals) at its own cost and be solely responsible for any judgments
rendered in connection with such action. This Section 9.6 applies exclusively to
settlements pertaining to monetary damages or damages which are remedial by the
payment of monetary compensation. Owner and the City expressly agree that this
Section 9.6 does not apply to any settlement that requires an exercise of the City's
police powers, limits the City's exercise of its police powers, or affects the conduct of
the City's municipal operations.
M
9.7 Administrative Actions. The parties acknowledge that in the future there
could be claims, enforcement actions, requests for information, subpoenas, criminal
or civil actions initiated or served by either the Federal Government or the State
Government in connection with Owner's development, operation and use of the
Property (collectively, "Actions"). The City shall not disclose information and
documents to the Federal Government or State Government, its officers, or agents
regarding any party to this agreement absent a grand jury subpoena, civil or
administrative subpoena, warrant, discovery request, summons, court order or similar
process authorized under law hereinafter called "Governmental Notice". If any Action
is brought by either the Federal or State Government, City shall immediately notify
Owner of the nature of the Claim including all correspondence or documents
submitted to the City. Prior to responding to the Governmental Notice, City shall
provide Owner ten (10) days from the date of such notice subpoena or the like to
serve and obtain on the City a protective order, or the like, from a court of competent
jurisdiction.
9.8 Survival. The provisions of Sections 4.7 and Sections 9.1 through 9.7
inclusive, shall survive the termination or expiration of this Agreement, until such time
as the uses of the Property established in the Development Plan are permanently
terminated.
ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE.
10.1 Encumbrances. The parties hereto agree that this Agreement shall not
prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering
the Property or any portion thereof or any improvement thereon by any mortgage,
deed of trust or other security device securing financing with respect to the Property.
10.2 Lender Requested Modification/Interpretation. The City acknowledges
that the lenders providing such financing may request certain interpretations and
modifications of this Agreement and agrees upon request, from time to time, to meet
with Owner and representatives of such lenders to negotiate in good faith any such
request for interpretation or modification. The City will not unreasonably withhold its
consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this
Agreement, provided, further, that any modifications of this Agreement are subject to
the provisions of Section 10.5.
10.3 Mortgagee Privileges/Rights. Any Mortgagee shall be entitled to the
following rights and privileges:
(i) Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on
the Property made in good faith and for value; and
(ii) Any Mortgagee that has submitted
the manner specified herein for giving notices shall
notification from the City of any default by Owner in
obligations under this Agreement.
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a written request to the City in
be entitled to receive written
the performance of Owner's
(iii) If the City timely receives a request from a Mortgagee requesting a
copy of any notice of default given to Owner under the terms of this Agreement, the City
shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the
notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to
cure the default during the remaining cure period allowed Owner under this Agreement.
ARTICLE 11. MISCELLANEOUS PROVISIONS.
11.1 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or written
representations, understandings or ancillary covenants, undertakings or agreements
that are not contained or expressly referred to herein. No testimony or evidence of
any such representations, understandings or covenants shall be admissible in any
proceeding of any kind or nature to interpret or determine the terms or conditions of
this Agreement, provided, however, City at its option may rely on statements by
Owner's agents at the public hearings leading to the City's approval of the project or
on written documents by Owner's agents that are a part of the public record.
11.2 Severability. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, by a court of
competent jurisdiction, the remainder of this Agreement shall not be affected thereby
to the extent such remaining provisions are not rendered impractical to perform taking
into consideration the purposes of this Agreement. The foregoing notwithstanding,
the provision of the public benefits set forth in Article 5, including the payment of the
fees set forth therein, are essential elements of this Agreement and the City would
not have entered into this Agreement but for such provisions, and therefore in the
event that any portion of such provisions are determined to be invalid, void or
unenforceable, at the City's option this entire Agreement shall terminate and from that
point on be null and void and of no force and effect whatsoever. The foregoing
notwithstanding, the development rights set forth in Article 4 of this Agreement are
essential elements of this Agreement and Owner would not have entered into this
Agreement but for such provisions, and therefore in the event that any portion of such
provisions are determined to be invalid, void or unenforceable, at Owner's option this
entire Agreement shall terminate and from that point on be null and void and of no
force and effect whatsoever.
11.3 Interpretation and Governing Law. This Agreement and any dispute
arising hereunder shall be governed and interpreted in accordance with the laws of
the State of California. This Agreement shall be construed as a whole according to
its fair language and common meaning to achieve the objectives and purposes of the
parties hereto, and the rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not be employed in interpreting this
Agreement, since all parties were represented by counsel in the negotiation and
preparation hereof.
11.4 Section Headings. All section headings and subheadings are inserted
for convenience only and shall not affect any construction or interpretation of this
Agreement.
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11.5 Singular and Plural; Gender, and Person. Except where the context
requires otherwise, the singular of any word shall include the plural and vice versa,
and pronouns inferring the masculine gender shall include the feminine gender and
neuter, and vice versa, and a reference to "person" shall include, in addition to a
natural person, any governmental entity and any partnership, corporation, joint
venture or any other form of business entity.
11.6 Time of Essence. Time is of the essence in the performance of the
provisions of this Agreement as to which time is an element.
11.7 Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, or the failure by a party to
exercise its rights upon the default of the other party, shall not constitute a waiver of
such party's right to insist and demand strict compliance by the other party with the
terms of this Agreement thereafter.
11.8 No Third Party Beneficiaries. The only parties to this Agreement are
Owner and the City. This Agreement is made and entered into for the sole protection
and benefit of the parties and their successors and assigns. There are no third party
beneficiaries and this Agreement is not intended, and shall not be construed, to
benefit, or be enforceable by any other person whatsoever.
11.9 Force Majeure. If delays are caused by unforeseen events beyond the
control of Owner, such delays will entitle Owner to an extension of time as provided in
this Section and Article 7. Such unforeseen events ("Force Majeure") shall mean
war, insurrection, acts of God, local, state or national emergencies, third party
litigation, strikes and other labor difficulties beyond the party's control, any litigation
filed by a third party, any Action initiated by the Federal Government or State
Government, or any default by the City hereunder, which Force Majeure event
substantially interferes with the development or construction of the Project.
11.10 In the case of a Force Majeure event, any and all time periods referred
to in this Agreement shall be extended for a period equal to any delay to the Project
caused by any such Force Majeure event; provided, however, that no such time
period shall be extended beyond a cumulative total of five (5) years.
Extensions of time, when granted, will be based upon the effect of delays on the
Project. They will not be granted for: (1) delays of three days or less or (2) for delays
due to Owner's inability to obtain financing with respect to the Development of the
Project.
Owner shall in writing promptly notify Chief Executive Officer upon learning of any such
Force Majeure event. The Chief Executive Officer or his or her designee shall ascertain
the facts and the extent of the delay and his findings thereon shall be included in
Owner's annual monitoring report unless Owner disputes the findings and requests that
the period of delay be heard and determined as a part of the annual review process.
11.11 Mutual Covenants. The covenants contained herein are mutual
covenants and also constitute conditions to the concurrent or subsequent
5".
performance by the party benefited thereby of the covenants to be performed
hereunder by such benefited party.
11.12 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to
the parties to this Agreement. All provisions of this Agreement shall be enforceable
as equitable servitudes and constitute covenants running with the land. Each
covenant to do or refrain from doing some act hereunder with regard to development
of the Property:
Property;
(i) is for the benefit of and is a burden upon every portion of the
(ii) runs with the Property and each portion thereof; and
(iii) is binding upon each party and each successor in interest during
ownership of the Property or any portion thereof from and after recordation of this
Agreement, it shall impute such notice to all persons as is afforded by the recording
laws of this State.
The burdens of the Agreement shall be binding upon, and the benefits of the Agreement
shall inure to all successors in interest to the parties to this Agreement.
11.13 Counterparts. This Agreement may be executed by the parties in
counterparts, which counterparts shall be construed together and have the same
effect as if all of the parties had executed the same instrument.
11.14 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by a party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Agreement shall be filed and
prosecuted in the Superior Court of the County of Los Angeles, State of California,
and the parties hereto waive all provisions of federal or state law or judicial decision
providing for the filing, removal or change of venue to any other state or federal court,
including, without limitation, Code of Civil Procedure Section 394.
11.15 Project as a Private Undertaking. It is specifically understood and
agreed by and between the parties hereto that the development of the Project is a
private development, that neither party is acting as the agent of the other in any
respect hereunder, and that each party is an independent contracting entity with
respect to the terms, covenants and conditions contained in this Agreement. No
partnership, joint venture or other association of any kind is formed 'by this
Agreement. The only relationship between the City and Owner is that of a
government entity regulating the development of private property and the owner of
such property.
11.16 Further Actions and Instruments. Each of the parties shall cooperate
with and provide reasonable assistance to the other to the extent contemplated
hereunder in the performance of all obligations under this Agreement and the
satisfaction of the conditions of this Agreement. Upon the request of either party at
any time, the other party shall promptly execute, with acknowledgment or affidavit if
-19-
reasonably required, and file or record such required instruments and writings and
take any actions as may be reasonably necessary under the terms of this Agreement
to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
11.17 Eminent Domain. No provision of this Agreement shall be construed to
limit or restrict the exercise by the City of its power of eminent domain.
11.18 Agent for Service of Process. In the event Owner is not a resident of
the State of California or it is an association, partnership or joint venture without a
member, partner or joint venturer, resident of the State of California, or if it is a
foreign corporation, then Owner shall file, upon its execution of this Agreement, with
the Chief Executive Officer or his or her designee, upon its execution of this
Agreement, a designation of a natural person residing in the State of California,
giving his or her name, residence and business addresses, as its agent for the
purpose of service of process in any court action arising out of or based upon this
Agreement, and the delivery to such agent of a copy of any process in any such
action shall constitute valid service upon Owner. If for any reason service of such
process upon such agent is not feasible, then in such event Owner may be personally
served with such process out of the County of Los Angeles and such service shall
constitute valid service upon Owner. Owner is amenable to the process so
described, submits to the jurisdiction of the Court so obtained, and waives any and all
objections and protests thereto.
11.19 Authority to Execute. The person or persons executing this Agreement
on behalf of Owner warrants and represents that he/she/they have the authority to
execute this Agreement on behalf of his/her/their corporation, partnership or business
entity and warrants and represents that he/she/they has/have the authority to bind
Owner to the performance of its obligations hereunder. Owner shall each deliver to
City on execution of this Agreement a certified copy of a resolution and or minute
order of their respective board of directors or appropriate governing body authorizing
the execution of this Agreement and naming the officers that are authorized to
execute this Agreement on its behalf. Each individual executing this Agreement on
behalf of his or her respective company or entity shall represent and warrant that:
(i) The individual is authorized to execute and deliver this Agreement
on behalf of that company or entity in accordance with a duly adopted resolution of the
company's board of directors or appropriate governing body and in accordance with that
company's or entity's articles of incorporation or charter and bylaws or applicable
formation documents; and
(ii) This Agreement is binding on that company or entity in accordance
with its terms; and
(iii) The company or entity is a duly organized and legally existing
company or entity in good standing; and
(iv) The execution and delivery of this Agreement by that company or
entity shall not result in any breach of or constitute a default under any mortgage, deed
IN
of trust, loan agreement, credit agreement, partnership agreement, or other contract or
instrument to which that company or entity is party or by which that company or entity
may be bound.
11.20 Nexus/Reasonable Relationship Challenges. Owner consents to, and
waives any rights it may have now or in the future to challenge the legal validity of,
the conditions, requirements, policies or programs set forth in this Agreement
including, without limitation, any claim that they constitute an abuse of the police
power, violate substantive due process, deny equal protection of the laws, effect a
taking of property without payment of just compensation, or impose an unlawful tax.
11.21 [RESERVED]
11.22 No Damages Relief Against City. The parties acknowledge that the City
would not have entered into this Agreement had it been exposed to damage claims
from Owner, or Owners successors in interest, assigns, partners, or anyone acting on
behalf of Owner for any breach thereof. As such, the parties agree that in no event
shall Owner, or Owners successors in interest, assigns, partners, or anyone acting on
behalf of Owner be entitled to recover damages against City for breach of this
Agreement.
11.23 Laws. Owner agrees to comply with all applicable state, regional, and
local laws, regulations, polices and rules. In addition, Owner further agrees to comply
with all issued entitlements, permits, licenses, including any and all applicable
development standards. Specifically, Owner agrees to comply with all applicable
provisions of BPMC.
11.24 Compliance with Conditions of Approval. Owner agrees to comply with
and fulfill all conditions of approval for any and all entitlement, permits, and/or
licenses it receives from the City. All conditions of approval for all entitlements,
permits and/or licenses are attached hereto and incorporated herein by this
reference.
11.25 The City acknowledges that this Agreement shall be read consistent
with any statewide or national regulation of commercial cannabis that is promulgated
in the future, either by legislative action or voter approval. In the event national or
statewide regulations are promulgated which decriminalize or legalize the adult -use
of marijuana for recreational use, this Agreement shall govern the conduct of the
property under such future regulations.
-21-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the dates written above.
CITY OF BALDWIN PARK
By:
Manual Lozano, Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Robert N. Tafoya,
City Attorney
By:
President
APPROVED AS TO FORM:
By:
Legal Counsel for
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT A
-1-
EXHIBIT B
MAP DEPICTING PROPERTY
[TO BE ATTACHED]
EXHIBIT B
-1-
ITEM NO. 10
STAFF REPORT
%f%� �' fl IllliBiiiiiiiiiiiii llllllll6 u�
�. TO: Honorable Mayor and City Councilmembers
)iUB""oF 00 4' FROM: Gus Romo, Director of Community Development.,
SAS GA RI EL DATE: December 6, 2017
SUBJECT: REVIEW OF CURRENT APPLICATIONS AND
7'D JANO CONSIDERATION OF APPOINTMENT OF MEMBERS FOR THE
HOUSING COMMISSION OF THE CITY OF BALDWIN PARK
SUMMARY
This report requests that Council review the submitted applications for appointment to serve on the
Housing Commission to fill the currently vacant Office Numbers 1 through 6.
FISCAL IMPACT
Commissioners serving on City Commissions receive a stipend of $50 for each Commission meeting
attended.
RECOMMENDATION
Staff recommends that Council review the submitted Commission applications, accept nominations,
authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ)
and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City
Commissions and adopt Resolution No. 2017-166, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING QUALIFIED INDIVIDUALS TO
THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 1, 2,
3, 4, 5 and 6."
LEGAL REVIEW
This report and the associated Resolution has been reviewed and approved by the City Attorney as to
legal form and content.
BACKGROUND
Pursuant to Chapter 32 of the Baldwin Park Municipal Code and in response to the vacant office seats
of the Housing Commissions, staff advertised vacant office seats in the following locations throughout
the city: City Hall, Julia McNeill Senior Center, Esther Snyder Community Center, Baldwin Park
Library and Baldwin Park Arts & Recreation Center, as well as an interactive banner on the City web
site. Staff has been accepting applications on an on-going basis and has received eight applications for
consideration and selection to fill the seats on the Housing Commission.
The applications for the Housing Commission were received and reviewed for completion of required
information, residency was confirmed and voter registration was verified as applicable. Copies of the
applications were also provided to the departments for review and to further qualify applicants.
Staff respectfully request that Council review the applications and select those individuals they wish to
appoint to the Housing Commission.
ALTERNATIVE
Council may choose to not select either applicant and allow the seats to remain vacant until additional
applications are received and presented for consideration.
ATTACHMENTS
#1 — Summary of Applicants
#2 — Commissioner Applicants
#3 — Resolution No. 2017-166
Attachment #
Baldwin Park
Housing Commission
Currentpositions:
Applicants for vacantpositions:
Position
_ ...........
. -m- --m-__._.............�_..N........�am�A.
Commissioner
Term Ending
_ ---
1. Commissioner
.
Open
Commissioner
06/30/18
2. Commissioner
Open
Commissioner
06/30/18
3. Commissioner..... . . .... ....
Open .. .....
Commissioner
...._.._ ..._......._..'
06/30/19
--------------- - �.,,. ......�..
4. Commissioner
_ ......,.m�..m.,m_____,. ____
Open
06/30/19
..._.a_ ��..... ..........���........
5 CommissionerOpen
06/30/19
6. Commissioner (Section 8) �..................�. �....O.p.en
��...................A................_.�..,,
�..�............�_,�....................�._....�......m...........
06/30/19
7. Commissioner (Section 8 over 62 yrs)
Open
06/30/18
Applicants for vacantpositions:
Position
_ ...........
. -m- --m-__._.............�_..N........�am�A.
Commissioner
�
A w...__........n...y�... �....., ,...n,._.,....,,�_�._.._m....... _.�...........
ola
ire........................
._e
.._,_
Commissioner _ . �...............
Alice Ting
,.. �_ .,,,.m....�.,,,,,,..,m m..,m .m,.....e,...............
Commissioner
John De Leon
Commissioner (Section 8 qualified)
Luis Montano
Commissioner
Luz Dajero
Commissioner
Marvin Lara
Commissioner
Peter Ho
Commissioner
Rene Lara
Attachment #2
ADRIAN ARREOLA
wre
rr " It
,� r
CITY OF BALDWIN PARK
APPLICATION FOR CITY COMMISSION
And
STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
m tiara e aiO l d tion !s rot caireof for each ooirrrrnisslorr� .........
_... .
PERSONAL INFORMATION:
Name Aq
Residence Address 1°1:� f a.f , (' ,4 r^ e.
-LJJ� qa i.tltfG 3(1 ls)It4110 Wo
)I'oVd NlMCti` V9 Af') kL'D
9602 I z 330
Home Phone Nr�), � �: (� �E-mail
Length of time at this Address: E-mail ...__..... .F,
LL� .0 ._... _ _.......�..__ � Cell/Message Phone No ,; �.tr
Are you 18 years of age or older? 5 ; 7 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? N I k ,
If yes, name of agency and position:,--......
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 d2' High School Graduate? i � G.E,D.? .r
INs,�nnra �e�,rd i c�r^caiinv^v ni �";nl6ono nr l Inhrnreity
EMPLOYMENT INFORMATION I EXPERIENCE:
o
r
k
X y ^1
n�..�.
t_ ..�v ��r" ��''��... �"�¢ �..3 °"fl "� A vt, ,QwBdV V�w.I✓r'Y.� yv� �, k�Yt�°ro oy r.�.,a' �^�r�"k�i" W�" '�"i����d �s., 6� :�`aW'-.A _.. �j''y.,�. <i°a
. G... �"'Y,' �, w r4vi ✓� '_\ ( t!vw.-] /1-c 7 717
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,
Address
No.
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointmenl. Each case is
considered on Its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? N U
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOW LEDGEMENTICERTIFICATION:
I understand that upon flung, this apptir a0on tmcornes a public record. I certify
under permit of perjury under the,laws of Ihs tato of California that the foregoing
is true ari'd rocl
Date Signature W
Residehcy verification:
❑ Yes
❑ No Date:
Voter Registration Verification: ❑ Yes ❑ No
Residency veriFcation:
❑ Yes
❑ No Date. ._.
Appointment date: „
Residency verification:
❑ Yes
No Date;
Terni extalMIS:
I F'
6 �w
Name. __._......� �c �r: ���,. �w � Commission Requo s'te'd:��
s'
STATEFVI NT OF Ct,la tw,IF!9 kMONS:
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.
..+�, p."
<.���el� r c� i�,�9 i" r� rA�
✓a AA'., a^ si ",, r;, P R v CL C.: r �.;::rbw„@'' ; .
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Date:
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 su), mit current goof of residency at the time
of said recruitment. Failure to provide current proof of r+ siden y Witt? each recruitment will invalidate this
application.
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COMMUNICATIONS
ACCOUNTSUM WMARY
ACCOUNT NUMBER: PIN NUMBERt
626 -338 -
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Billing Date
New Charges Due Date
Previous Balance
Payments Received Thru 12/02/16
Balance Forward
New Charges
TOTAL AMOUNf OU9
COMMUNICNVIONG
P.O. Box 5157, Tampa, FL 33675
AV 02 024466 81001 B116 A*`6bgT
III -III III InII1IIn1 III IIIII vIIIn1111.1In1111IIn11111111111
CORNELI.O ARREOLA
CLYDEWOOD ST
BALDWIN PARK, CA 91706-6422
PAGk 1 Oh b
To,Pay Your Bill
'. Online: Frontlercom 0 Pay by Mail
MyFrontierApp 1,800,801,6652
Pay in Person:
. Frontier.com/walkinpay for locations
To Contact Us
, Chat: Frontlercom
Q) 1.800-M .8101
PAYMENT STUB
Total Amount Due
12/10/16
1/03/17
344,07
-341,77
2.30
171.72
$174.02
t Online: Frontlercom/helpcenter
gi For the hearing Impaired
, TTY- 1,877,462,6606
WIM
$174.02
New Charges Due Date 1/03/17
Account Number 626 -338 -
Please CIO not send correspondencewlth your payment. Make checks payable to Frontler.
Amount Enclosed It
To change your billing address, call 1.800.921.8101
FRONTIER
PO BOX 740407
CINCINNATI OH 45274.0407
1IIIII111111111IIIII111111IIIIIIIIIIIIIu111II1I111IIIlI1Il1IIIn
242039620338391407309600000002300000174005
Adrian Arreoia
Clydewood St, Baldwin Park, CA 91706
Email: ®gmail.com
Tel: (626)
• Work well alone and with others in any task given
• Fluent in English, and speak Spanish
• Outstanding Attitude and Motivation to succeed
• Goal Driven
• Eager to Learn and Progress with knowledge given
EDUCATION:
• Baldwin Park High School. Graduate.
• Citrus College 2011 -Present: Working on A.S Kinesiology and A.A in Business
Administration.
Champ Sports. Sales Associate (November 2011 -June 2013)
• Received 100% on a Mystery Shop for great customer service and communication.
• 1 have contributed to great sales goals for the store and have had great reviews from
customers to the manager on numerous occasions.
• Managed registers, completed end of day cash wraps for store.
Finishline/Macys. Sales Associate (June 2013- May 2015)
• Contributing stellar numbers in sales to boost the productivity of the store.
• Came in 1g' place for having highest sales percentage of accessories for multiple weeks
• Managed registers, completed end of day cash wraps for store.
Conexion. Community Manager and Blogger (February 2014- May 2015)
• Manage social media pages for California chambers and other small businesses in LA
• Part of social media team for the America's Small Business ss Summit in Washington
D.0 in the US Chamber of Commerce.
• Attend networking events in LA, Orange County, etc.
SCE Federal Credit Union. Bank Teller (May 2015- Present)
• Perform full service banking transactions while in compliance with credit union policies
and procedures.
• Provide accurate and friendly customer service in a timely fashion.
• Achieve and exceed required sales goals
Esther Snyder Community Center and Teen Center
0 1 participated in Keep Baldwin Park Beautiful to rid the streets of debris, and helped
clean a house for a disabled woman. (2008)
Volunteered to set up and take Thanksgiving baskets for the homeless on Skid Row.
(2008-2009)
• Volunteered for the Tree Lighting Ceremony to set up the equipment. (2009)
• Santa Clothes Program (2016)
LUZ DA JERO
RECEIVED
PLEASE ATTACH A CITY OF BALDWIN PARD APR 19, @17
CURRENT COPY OF APPLICATION FOR CITY COMMISSION
A UTILITY BILL ANp ," And CM0FDALOWIN PARK
A COPY TOFID STATEMENT OF QUALIFICATIONS Cmc RKsrIrAi r`+ ttNr
APPLICATION IS FOR THE FOLLOWING COMMISSION:
AA sonarate crnwivaflea Is r'eawrod for- oaclr r orrrrrrla alcrril
PERSONAL INFORMATION:
Residence Add
X/ "Z -)"If JF_X�
Length of time at this Address;f, � ,mSE mail address:
Home Phone No, Coll/Mossage Phone No,
Are you 18 years of age or older? l ° ` a.„ Are you registered to vote In the Oily of Baldwin Park? ........ M
Do you currently serve as an elected or appointod official for any board and/or agency within the Olty of Baldwin Piu k o AP _ ..._.
If yes, name of agency and posltbon. .._.. ___
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 6 9 10 11 12
High School Graduate? O.E,D,?_
�I...„,..
EMPLOYMENT INFORMATION 1 EXPERIENCE:
r Welts— X'0 4^ y ";i _ '&0 ✓ 1 lz 4.
ftEf l l iI I n c l cfv9d 9ro Maines of two ((d) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
IMPORTANT: Read the following carefully and answer completely. A conviction Is not an aulorvatio bar to appointment, Each case Is
considered on its Individual morils.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VI'OLXI"ION?,��
if yes, Please list all offenses, date and place of offense(s), and sentence/line received;
AC KNOW LE DGEMENTICERTI FI CATI O N:
I understand that upon filing, this application becomes a public record, I cerllfy
under penally of penury under the laws of the Stale of California that the foregoing
Is true and correct.
Date
' lIo70 0,k±�Itd kbiuV9t711=rNo� F4�Y �iltel ,: ._ ..w,`' `
Rosidency verification: ❑ Yes ❑ No Date: _ Voter Registration Verification: ❑ Yes ❑ No
Residency verification; ❑ Yes ❑ No (Date: Appointment date;
Residency verification; CJ Yes ❑ No .Date: Term c: i lwc r
Commission Req
Name
p,(
JJj:
kflmr NLqE_gUA1. -jMrL N , QA
Use, this space to list yourguals and objectives and why you fool you should be appointed to the
(,*r1,vnJuIon for which you are opPlylng, Pleas,e Include any addiflonai Information you feel will be
beneficial to the Council In consideration of your appointment to this commission,
ZdOU Z -Z
3WL9
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Applicalloti and S1010100111 of Qualffication will bo kept oil filo fel- two (p) years. 1)urilly this tirrw, should 0,
va(movy occur In the cornallssioll fol- which you have roquostod consIdgralloii of appointment, your application
will be Inoludod /h the pool of appilcatlt$ provided howovef; thal you submil curimil proofof residency at the time
of said recruilillont. Failure to provioe ourront proof of re-sidency with each recrultmetit will Invalidate this
application,
3WL9
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Applicalloti and S1010100111 of Qualffication will bo kept oil filo fel- two (p) years. 1)urilly this tirrw, should 0,
va(movy occur In the cornallssioll fol- which you have roquostod consIdgralloii of appointment, your application
will be Inoludod /h the pool of appilcatlt$ provided howovef; thal you submil curimil proofof residency at the time
of said recruilillont. Failure to provioe ourront proof of re-sidency with each recrultmetit will Invalidate this
application,
Mill y f P i'7ln ,1 tl��, ,I:
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d {, � MP OVONJI 1R44, CA 0174'444
vo
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33 M g mr rw�wa wJ-+�kop,§$A,,
Go paperless; at www.sce.com/0bliling. It's fast, easy, and Secure.
r SOUTHERN CALIFORNIA P.0, BOX 600
,E I SO N" Rosemead, CA Your electricity bil1l
flf771.0001
An ctDjl INrBRNA7110ill Company www,Sce.00m C, DAJERO, LUZ VIMINDA l Page 1 of 6
For bllling and service Inqulrles call 1-800-684-8123,
Date blll prepared: Mar 1817
Your account summary
Previous Balance ff0,80
q0.0,
Bi lalrw:o forward
Notal amount you owo by Apr 6'17 $43.95
Compare the electricity you are using
For meter 222010-346642 from Feb 15'17 to Mar 17'17
Total electricity you used this month in kWh 360
Your dally average electricity usage (kWh)
2 Years ago: 8.68 Last year: 8.00 This year: 12.00
Customer account 2-23-767.7886
Service account
BALDWIN PARK, CA 91706
Rotating outage Group N001
Your next bllling cycle will and on or about Apr 98'1T
Your rnorathly usage may be higher than usill.
fl'ased on your ldsforkrrrl usage pallern, yourmordlil ly
usage Is trending higher than normal, As a result, you
may notice an Increase In your bill. If you would like
Information on tips and programs that can help you
lower your energy usage and your blll, please visit
www. sce.com/blllhelper,
JOHN DE LEON
...................... _.__....
PLEASE ATTACH A
CITY OF BALDWIN PARK
CURRENT cILLY
APPLICATION FOR CITY COMMIS °� ° °`
A UTILITY BILL ANDND
❑ Yes
A COPY OF YOUR
And
011-I0TO 1C - -
STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE
_._i..
FOLLOWING COMMISSION:
(A s r emm rli zttlon !s r ggire d for each cointrids don) ._._..- _ ,,,,,..r
PERSONAL INFORMATION:
�dAA &
Le -vi MAR' jrt
Narno
r
Residence Address---., -.. \A/ ,cA
Length of time at this Address: 51 mail address:_
Home Phone No I
Cell/Message Phone No
Are you 18 years of age or older? P! 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:•
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 1112 High School Graduate? G. E, D.
EMPLOYMENT INFORMATION / EXPERIENCE:
an.1' Lt�aa,r r,�k. fit tv �' iy
w•"� Court t w Lula Gvr�Mis�I 12
WZ-' F C»t r rH i G!a 41 I46i
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.
No.
MAI i],.,;,A WAC'k-' /Ar
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 VIOLATIONZ
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOW LEDGEMENTICERTIFICATION:
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 an co"
Date .._._�. Silo ttr.
Residency verification:
❑ Yes
❑ No Date:,_.,_ .................... .
, Voter Registration Verification: ❑ Yes ❑ No
Residency verification:
❑ Yes
❑ No Date:.,-- _ ___
Appointment date:
tea sidency verification:
0 Yes
0 No Date; -- --
Tenn expil---- _------
Name O .i �-(o� _� Commission Requested
STATEMENT OF Q'UALI'FICATIONS;
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,
Ik lS a"S4rjgr�l'
� k:
9"'" "r��
.� .,
�,: O (� QO CA rr-
e- y, ...."-Ae«.» ....., ..... .�..'." ....-... IF,.�.l..�,".:.,6 �..�..,...." ,.:ekq..,....p
Date
................ _4
do �
z
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 Quallfication 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.
Time
Warner
Cable°
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CITY OF INDUSTRY CA 91745.1130
0440 3000 NO RP 04 03052010 YNNYNNNN 01 005730 0021
JOHN B. DE LEON
13ALDWIN PARK, CA 91706-2946
III lltll'1111111IIIIt1111111111tltt111111llttttll1lt1lll1ll1ll11l
844830020046869900034991
Customer service
Call US anytime 1-888-892.2253
Visit us at twc„com
Page 3 of 4
Account number
8441830
Due date Service period Amount due
Mar 24, 2016 03/14- 04/13 $34.99
Service address
John B, DE Leon
Baldwin Park CA 91706.2906
Previous balance & payments
Balance last statement 34.99
Payments received as of Mar 4, 2016 •34.99
Current month
Monthly services 34.99
Total due by AUTOPAY $34.99
Please enclose this coupon wllh your payment.
Payment due date Total amount due
Mar 24, 2016 $34.99
Account number Amount enclosed
844830, ZT;Z
You are an AUTOPAY customer. Thank you!
Your Automatic Payment Will Be Made 03121/16
PETER HO
PLEASE ATTACH A. �
CITY OF BALDWIN PARK
CURRENT COPS! t
APPLICATION FOR CITY COMMISSION
A uTILIT'/ SILL AND,
A COPY OF YOUR',
And
P140TOID
STATEMENT OF QUALIFICATIONS
G COMMISSION: ��� FH�USIN�COMMIS�lON
APPLICATION IScFORiT THE FOLLOWING
( se rir unissfrir C ��
m E` w �.�
PERSONAL INFORMATION:
Peter J. Ho
Name
Residence Address E. Pacific Ave.
Length of time at this Address; 26 yea' E -mall addruas: rnail.corn
Home Phone No. (626) Cell/Message Phone No.(626)
Are you 18 years of age or older?. Yes Are you registered to vote In the City of Baldwin Park? yes
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? no
If yes, name of agency and position �ITITIT� �mww,
EDUCATION: ���
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? ..�.^L...........I G.E.D.?,
California State U., L.B.
Civil Engineering
M
California State U., L.B. I Civil Engineering lme—e E
EMPLOYMENT INFORMATION 1 EXPERIENCE:
City of Baldwin Park
City of Baldwin Park
Plan Check Engineer
Plan Check Engineer
3/06/90 - 3/2006
3/06/90 - 3/2006
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.
t�;a,markedrire��a Phnaao No,
Harbin
Michael Teran
wo
E. Pacific Ave.
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:
ACKNOWLEDGEMENT/CERTIFICATION:
I un(lerslaand lhat upon fllinfl, this application becomes a public record. I certify
undar pa mity of poriwary so vi ar Ilia laws of lAte of Callfon ' sat the foregoing
Is true and (mireq �µ
Cate nraYtlre
%0071' �. �..._.._�
Residency verification: ❑ Yes ❑ No Date: --------- _m_, Voter Registration Verification: ❑ Yes 0 No
Residency verification: ❑ Yes ❑ No Date:, Appointment date:
Name Peter J. Ho _... ,. �....... m_ Commission Requested:; HOUSING COMMISSION
BTATE ISN F tl t i MONS:
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.
I am extremely familiar with the housing situation In the City of Baldwin Park and I am a
long time resident of the City of Baldwin Park. Besides, I have been working in the City
of Baldwin Park for 16 years with the Building Division.
My goal is to improve Baldwin Park's housing affordability and availability and to beautify
the City's environment.
My objective is to advance our City into a model city for the rest of San Gabriel Valley city.
aato:._ .. 2_.�.:?. ........
lnaturt�
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 ont'd ranrvtitmonf Foiliiro to nrnvirin neirront nrnnf of raoirinnnv with eonh ronruitr ant Peiill irniolldohni thio
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PLEASE ATTACHA. CITY OF BALDWIN PARK
cuRR COPYN
A UTILfT'APPLICATION FOR CITY COMMISSION
fY Y fi�.1.LL AND D
A COPY OF YOUR And
PHOTO, 10 STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
--
tA ,soroarate anDllcatioff is reaulmd for each cotnmi sfoft' wu.
PERSONAL INFORMATION.
Dame Ctf tr% it Ii l".
Residence Ad -fires»; 1�w+=fou+ h1"
Length of time at this Address: E-mail address;—.------—_,,�__..,_.L- , 1y) - ,a P I
Home Phone No. Cell/Message Phone Pio. eb. Z('03
Are you 18 years of age or older?°i I'2 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? AQ
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 110 High School Graduate? �3 G.P,fi,?_
EMPLOYMENT INFORMATION 1 EXPERIENCE:
t9kN 1 :+Aro'lYmarirr PA. �IYeaswt.� Wit"" 1bt
k 12441
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.
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?PQ
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 cadify
under penalty of perjury under the laws of the State of Calllomla that the foregoing
Is true and correct.
oh 6
..
Date � Signature
� (a
77
u r A u _ 3C, .'�.,�,�,x... �^"�k`N, ..... i".:. ._... ,�.._. .9 Y� i o$daw....'� ...w� .� Y-.ai;�:u— ate.,. ` �4 •'ba.,�,.�
Residency verification: ❑ Yes ❑ No Date:--- _ Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: .......... Appointment date:
Residrf)ov verification: E3 Yes 0 No 17atc:_. .__.,_... IT.1eWM_
Term
S� l - IiWT C tNJt tFt"ftl�t'S:
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 additioriaf Information you feet will be
beneficial to the Council in consideration of your appointment to this commission.
d
In
t tie
17'�✓'J�� GUroti�s�StUv� 1Nr �� G�u"� i1�►t "�1�.'C ,�� �,v�
Date:--.
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. Curing this time, ,should a
v rcenc y occin, in tiro c ornowh9vlon tcir° which you havo r que,stod oonsldom ion raf appolnlinonl, yrrcrr° application
will bre included In the pool of applicants provided however, that you submit current proof" of residency at 1179 time
of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this
application.
Ix- 1AN,,V,8.
In
t tie
17'�✓'J�� GUroti�s�StUv� 1Nr �� G�u"� i1�►t "�1�.'C ,�� �,v�
Date:--.
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. Curing this time, ,should a
v rcenc y occin, in tiro c ornowh9vlon tcir° which you havo r que,stod oonsldom ion raf appolnlinonl, yrrcrr° application
will bre included In the pool of applicants provided however, that you submit current proof" of residency at 1179 time
of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this
application.
Oli"
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151 West 34th Street
New York, NY 10001
PRESORTED
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S926 ****AUT0**5-D1G1T 91706
F1R4A-0873762 213 68/1864/2392
Marvin Lara
Bresee PI
Baldwin Park, CA 91706-5469
NOV16PP
If addressee Is no longer with your organization, please route to his or her replacement or supervisor.
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MARVIN LARA
BRESEE PL
BALDWIN PARK CA 91706-5469
T149 P1
-28909
RENE LARA
PLEASE ATTACH A CITY OF BALDWIN PARK
URR Nor COPY OF APPLICATION FOR CITY COMMISSION
A U"TILIT"Y BILL AND
A +DOPY OF YOUR And
._
P TO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION: ---.--♦
.�..,_� . _ cl�ajrrrllsslrirr
f�V a araF+e a „ llafllrl Is ra tlted for each, „ _
30NAL INFORMATION:
Norno
Residence Address_,
Length of time at this Address: E-mail
Home Phone Nm _-4N J _,.-Cell/Message Phone
Are you 18 years of age or older? g s 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? . ��%,Qp._,.._._. -
If yes, name of agency and
_
EDUCATION;
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate? QS G,E.D.? J1J t
(p
EMPLOYMENT INFORMATION / EXPERIENCE:
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,
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? e_
If yes, Please list all offenses, date and place of offense(s), and sentencelfine received:
EM
ACKNOW LEDGEMENTICERTIFICATION:
understand that upon filing, tibia apptruation becomes a public iecerd. I cortify
under penalty of porlwy under the laws of the SMle of Callfomia lttal the foregoing
is true and correct.
Date
Residency verification:
❑ Yes
❑ No Date:. .
w.,....
Voter Registration Verification: C1 Yes C1 No
Residency verification:
El Yes
11 No Date:-,----.,
,,_ Appoint=nt date: u_
ftosidoncv verification:
❑ Yes
❑ No late: ..._,_
Term crtlrires w,. „r o
Name ��`. m � Commission Requested:
STATEMENT OF UAL I t MPNS:
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.
uAp 4 na
41 7
pc w
7
Au
Date: y
iign f'a'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,
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Your next blWhg cycle will end on or about Jan 17 '17.
Tt fat k fectrlctty you qs6o tbls mo tier In Ml
21.8
Your OaltY averagq 011oc;trtcity usage (Icy h)
2 Years ago: 6.06 I. W year: 6.13 `This year,: 7.27
12
Dec Dec Jan Feb Mar Apr May Jun Jul Aug $0p Oct Nov Doc
114 115 '16 '16 '16 '16 '16 '16 '16 '16 '16 '16 '1t) '111
Please return the payment atub below with your payyment and make your check payable to Southern California Edison.
(14.574) Tear here It you veani to pay In parson„ cell 1-6tif1-7116'»06 for locations, or you can pay-nline aiwww-sce-com. r r Tear here
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0 D 0 * to Please wdle this number on your check. Make your
C 1 �I check payable to Southern Califomla Edison.
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STMT 12172016 P1 CO3 T0080 014941 01 AV 0,3730 C030
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LARA, RENE ADRIAN
VINELAND AVE APT
BALDWIN PARK, CA 91706-5030
Amount due by Jan 5'17 $36.14
Amount enclosed $
P.O. BOX 600
ROSEMEAD, CA 91771-0001
36 306 4429 00000067 0DaGUM0000001213614000003614
Go paperless at www.sce.com/ebilling. it's fast, easy and secure.
LUIS MONTANO
(Section 8 Qualified)
RECEIVED
PLEASE ATTACH A CITY OF BALDWIN PARK
A UTILITY
COPY N APPLICATION FOR CITY COMMISSION JAN 2'3 YOiI
A N�ITILIT HII,.L ,�r�I
A COPY OF YOUR And CITY OF BALDWIN PARK
PHOTO _ STATEMENT OF QUALIFICATIONS CITY CLERKS DEPARTMENT
APPLICATION IS FOR THE FOLLOWING COMMISSION:
IA sevarate aoWlcat on is reauireaf for each commission)
PERSONAL INFORMATION:
Nam p . t l WV _),-7 ww_.
Residence Address
Length of time at this Address: E-mail address: A 6
Home Phone No. „0/! _ .. ..... Cell/Message Phone No ..�_�.
._.�....�
Are you 18 years of age or older? _ �/ Are you registered to vote in the City of Baldwin Park?— Va
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 l!b' High School Graduate? _= G.E.D.?
EMPLOYMENT INFORMATION / EXPERIENCE:
REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
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? AA)
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOW LEDGEMENTICERTIFICATI ON:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the Slate of California that the foregoing
Is true and correc ,
zo —/7a ,
Date Signature
rein
E, r 'a'. v=ir;" „ra ar! ryi4iO! D 1itts 1 ".,; ..' fix a+,ll,t,;" c }a + w! zkiG
�^ . _.. _� .__... _ _ _�_ zx.
Residency verification: El Yes No Date:-------, _ _
Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residcncv verification: ❑ Yes ❑ No fate: Term expires:
Narne L t_.+ °, W_.® Commission Requested. C
STATEMENT OFQUALIFICATIONS:
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: / 7
i) A
Ngnatur
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.
Go paperless at www.sce.com/obilling. It's fast, easy and secure.
SOUTHERN CALIFORNIA P,O, Box 600
HASON® Rosemead, CA
91771-0001
An EDISON INTERNATIONAL® Company www.sce.com MONTANO, LUIS / Page 1 of 6
For billing and service Inquiries
Call 1-800-255-2365,
Date bill prepared: Dec 3'16
Deposit receipt - Do not ear
Deposit requested amount
Payment Received 11/13
Payment Received 12/01
Deposit customer account 2-39-
RAMONA BLVD
BALDWIN PARK, CA
91706-3763
$100.00
450.00
-$50.00
This receipt Is for your Information. Your deposit will be held as security for your account In accordance to the terms described
In the following paragraphs.
Residential customer deposits are refunded when all bills are paid before the past due date for 12 months or you close all your
customer accounts.
Non-residential customer deposits will be refunded when all bills are paid before the past due date for 12 months, and/or In the
opinion of the Company, the conditions of service or basis which credit was originally established has not materially changed,
or you close all your customer accounts.
The deposit will not earn Interest until the deposit Is paid in full. Your cash deposit, Including Interest, will be refunded by
applying it to your unpaid bills and/or by check. Interest on the deposit will be earned for each month the bill Is paid before
becoming past due.
Endorsement of a refund check will acknowledge receipt of refund and will release Southern California Edlsorl from further
claims against the deposit,
(14.659) Tear here Tear here
.---------------------------------------------------------------------------------
SOUIHERN CALIFORNIA
EDISON°
An EOISON INTRRNATIONAI.0 Oompny
DEPO 12032016 P5 C01 T0002 000249 01 AT 0.3960 C016
1111111111111[Joel fill III IllIll,I111111111111111111111111
MONTANO, LUIS
RAMONA BLVD I
BALDWIN PARK, CA 91706-3763
Go oaoerless at www.ace.com/ebillina. It's fast. easv and secure.
ALICE TING
�.FCEIVED
CITY OF BALDWIN PARK
APPLICATION FOR CITY COMMISSION DEC 26 1016
And
STATEMENT OF QUALIFICATIONS �;lirarau?p?
APPLICATION IS FOR THE FOLLOWING COMMISSION: --- o
A sqp r to a jk t�qn Js rrr i re for each r rarrrrrpfssfarr
__ _.....
_
PERSONAL INFORMATION:
Residence Address r- ...._.iffy
Length of time at this Address: E-mail address:A
Home Phone No... , �Le4i assage Picone No.
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:_mm_
EDUCATION:
Circle Highest grade you completed; 1 2 3 4 5 6 7 8 9 1..0 .._ _.... _......
11 12 High School Graduate? _\AA1 G.E.D.?._ ,IT_..
tea.. IAAII
,, tr)( M IA.
EMPLOYMENT INFORMATION / EXPERIENCE:
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.
IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appolntmonl. Each caso 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:
ACKNOW LEDGEMENTICERTIFICATION:
I understand that upon riling, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
\�WIA
Is true and correct.
Date
FIg 11
So nater
mom=
MEM
Residency verification: ❑ Yes ❑ No Date:,_
Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Dates
ummr,,,................. Appointment date:
Residency verification: ❑ Yes ❑ No D ato:
........- Term casirires;.�
Commission Requested
Nar°rs a
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.
71
Dat........... _. .. ___ _,..._
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.
1732-11L11. 07
Valley County Water District
14521 Ramona Boulevard
' BALDWIN PARK, CA 91706
SERVICE ADDRE$$ ZONE
-VINELAND AVE - � 03 -
—__ - ..
AGCOUN I NUMriER DUE DATE
308- 12/30/16
B165N(3 PERIOD MTALAMOUNTDUE
10/04/16 to 12/07/16 25,70 -
Billing Inquiries (626) 338-7301
Office Hours: Monday - Friday 8am-5pm III I I Illil�llil I III II III II �� SII AMOUNT PAID MUP DALAWLO_�
dt _1117 -3
saw VC31214A AUTO 5 -DIGIT 91706
7000000853 00,0003,0243 049/1
Ill 1111111111MEM 111
Al ICF_ H TING
VINELAND AVE:
to BALDWIN PARK CA 91706-5000
Valley County Water District
14521 Ramona Boulevard
- BALDWIN PARK, CA 91706
� J1
NAM'E]SERVICF ADDRESS
ALICEH TING
VINELAND AVE
METER NO:
METER SIZE:
PREVIOUS READ:
CURRENT READ:
CONSUMPTION:
DAYS IN BILLING CYCLE:
USAGE SAME PERIOD LAST YEAR:
111111111"111111'111'1111111 11111111ll'�'II�II
VALLEY COUNTY WATER DISTRICT
PO BOX 7806
BALDWIN PARK, CA 91706-7806
EM
ACCOUNTNUMBER
308- 10� W
°
PREVIOINCE:
CREDIT BALANCE:
WATER CONSUMPTION CHARGE:
.READY TO SERVE CHARGE:
CAPITAL IMPROVEMENT CHARGE:
UTILITY TAX:
SUB -TOTAL CHARGES:
*** DO NOT PAY - CREDIT BALANCE ***
30/16
$59, 80-
59. 80-
2. 34
21.54
9. 22
1.00
$34.10
TOTAL AMOUNT DUE: $25 .70 -
IMPORTANT: Valley County Wafter District's new utility rates became effective September 1, 2016. For a complete list of
the rates, please call the District office during our normal business hours, or you can visit our website at www.vcwd,org
and click on Services to download the Water Service Rates (Resolution 07-12-717) in English.
24 HOUR EMERGENCY PHONE:
(626)336-7301
READINGS AND USAGE ARE
MEASURED IN CUBIC FEET
1 UNIT = 100 CUBIC FEET = 748 GAL
Attachment #3
RESOLUTION NO. 2017-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPOINTING QUALIFIED INDIVIDUALS TO
THE HOUSING COMMISSION OF THE CITY OF BALDWIN
PARK TO OFFICE NUMBERS 1, 2, 3, 4, 5, 6 AND 7
WHEREAS, Baldwin Park Housing Commission consists of seven (7) members
and Office Numbers 1 through 5 are appointed for a two-year term, Office Number 6
(Section 8 Tenant) is appointed for a two-year term and Office Number 7 (Section 8
Tenant over the age of 62) is appointed for a one-year term; and
WHEREAS, the application process for all City Commissions is ongoing; and
WHEREAS, a Notice of Vacancies on the Housing Commission was posted at
the following locations: City Hall, Esther Snyder Senior Center, Morgan Park
Community Center, Baldwin Park Public Library, Baldwin Park Arts & Recreation Center
and on the City of Baldwin Park website, and the City Clerk's Office is accepting
applications from the date of advertisement until all seats are filled; and
WHEREAS, the City Council desires to fill vacant Offices 1, 2, 3, 4, 5, 6 and 7
due to the vacancies of each office; and
WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.08,
appointments to Office Number 1, 2, 3, 4, 5, 6 and 7, are made and entered onto this
resolution for 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. On February 17, 2016, City Council voted for the termination of all
commissioners from the Housing Commission Office Numbers 1, 2, 3, 4, 5, 6 and 7, and
directed staff to advertise for the vacancies.
Section 2. All Commissioners serve at the pleasure of and are subject to Council
discretion. Pursuant to BPMC Section 32.09 if a Commissioner is removed, it is
standard to advertise and accept applications to fill the position. With the advertisement
of the existing vacancies, applications were received and presented to the City Council
for consideration to appoint applicants for Office Numbers 1, 2, 3, 4, 5, 6 and 7 of the
Housing Commission and such appointees shall hold office at the pleasure of the City
Council and serve for the term as follows:
Resolution No. 2017-166
Page 2
Section 3. 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.
PASSED, APPROVED and ADOPTED this day of _.......... _ 2017.
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 2017-166 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 ........ , 2017, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK