§ 150.235 INSURANCE REQUIRED.
The person named in the application as the person who will move the building or structure to be moved shall furnish evidence of public liability and property damage insurance in an amount to be approved by the Director. The city shall be named as co-insured in this policy.
§ 150.236 CONDITIONS OF APPROVAL.
Upon such an application being made and the fee being paid, the Director shall issue a permit if he finds that compliance with this chapter shall be had, and that the route is feasible and will not pose a threat to vehicular and/or pedestrian traffic. The Director may, where circumstances warrant, condition permit approval, so as to ensure compliance with the pro- visions of this subchapter, including, but not limited to, a good and sufficient surety or a cash deposit in an amount to be determined by the Director to protect the city against damage to public property.
The permit shall describe the streets along and over which the building shall be moved and the days and hours for such moving.
§ 150.237 BUILDING RELOCATION.
(A) Prohibition. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location without the city's boundaries to a location within the city's boundaries.
(B) Structures which may be relocated. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location within the city's boundaries to any other location within the city's boundaries unless all of the following requirements are met.
(1) The structure is a detached single family residential structure (which may include its associated accessory structures);
(2) The structure is currently existing and located within the city.
(3) The structural integrity of the structure has not been compromised and has been certified by a City Inspector.
(4) The applicant has demonstrated that there exists an involuntary and external hardship that necessitates the move of the structure. Economic hardship and financial speculation do not constitute hardship for this purpose.
(5) The applicant has demonstrated there is an imminent threat of demolition of the structure.
(6) The relocation of the structure will not cause a non-conforming situation.
Exhibit A to Ordinance No. 14411471*****
(7) The relocation of the structure will not require any deviations from applicable development standards.
(C) Process for approval. A structure proposed for relocation shall be treated as a new structure and all approvals required for new construction shall first be obtained and all applicable fees paid before a house moving permit may be issued.
(D) Fees. Fees to obtain approval to relocate a building within the city shall be as established by resolution of the City Council.
§ 150.238 EXCEPTION.
The provisions of this subchapter shall not apply to new modular or prefabricated buildings or structures.
VACANT AND ABANDONED PROPERTY REGISTRATION
§ 150.250 PURPOSE; SCOPE.
It is the purpose and intent of the City Council, through the adoption of this subchapter, to establish an abandoned or vacant property registration program as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties.
§ 150.251 DEFINITIONS.
For the purposes of this subchapter, certain words and phrases used in this subchapter are defined as follows:
ABANDONED. A property that is:
(1) Vacant;
(2) Under a current notice of default;
(3) Pending a tax assessor’s lien sale;
(4) Under a notice of trustee’s sale;
(5) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or
(6) Has been transferred under a deed in lieu of foreclosure.
ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached window, gate, fence, wall, etc.
Exhibit A to Ordinance No. 14411471*****
ACCESSIBLE STRUCTURE. A structure/ building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
AGREEMENT. Any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
BENEFICIARY. A lender or holder of a note secured by a deed of trust.
BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this subchapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, they both must provide such information.
BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this sectionSection.
DAYS. Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional.
DISTRESSED. A property that is under a current notice of default or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent Exhibit A to Ordinance No. 14411471*****
with residential habitation, or statements by neighbors, passersby, delivery agents, government employees the property is vacant.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
LOCAL. Within 40-road/driving miles distance of the subject property.
NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority.
NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.
OUT OF AREA. In excess of 40-road/driving miles distance of the subject property.
OWNER. Any person, co-partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property.
OWNER OF RECORD. The person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorder’s Office.
PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.
RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use.
RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property.
SECURING. Such measures as may be directed by the Planning Manager or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
TRUSTEE. The person, firm or corporation holding a deed of trust on a property.
TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
Exhibit A to Ordinance No. 14411471*****
VACANT. A building/structure that is not legally occupied. (
§ 150.252 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF RENTS.
Within ten days after the purchase or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Los Angeles County Recorder's Office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/ trustee responsible for receiving payments associated with the loan/deed of trust.
§ 150.253 REGISTRATION.
Any beneficiary/trustee who holds a deed of trust secured by a property located within the city which is abandoned shall, within ten days, register the property with the Planning Manager, or his/her designee, on forms provided by the city.
(A) If the property is occupied but remains in default, then it shall be inspected by the beneficiary/trustee, or an agent/designee of the
beneficiary/ trustee and shall be deemed abandoned, and the beneficiary/trustee shall, within ten days register the property with the Planning Manager, or his/her designee, on forms provided by the city.
(B) The beneficiary/trustee shall also register any property which becomes vacant after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant after being transferred under a deed in lieu of foreclosure/sale.
(C) Such registration shall contain the following information for both the beneficiary and the trustee: name (corporation or individual); the street/office address (not a P.O. box) and if different, the mailing address; a direct contact name and phone number for the person handling the deed of trust and/or foreclosure; and, in the case of a corporation or out-of-area beneficiary or trustee, the local property manager responsible for the security, marketing and maintenance of the property.
(D) The annual registration fee established by City Council resolution, shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due.
(E) Persons required to register properties pursuant to this subchapter shall keep such properties registered and all required information updated, comply with the annual registration requirement and all of the security and maintenance requirements of this subchapter for the entire time such properties remain vacant. When such properties become occupied or title is Exhibit A to Ordinance No. 14411471*****
transferred, the beneficiary/trustee or prior responsible person shall notify the Planning Manager, or her or his designee in writing.
(F) Any person, firm or corporation required to register a property pursuant to this subchapter must report any change of information contained in the registration within ten days after the change.
§ 150.254 INSPECTION AND REGISTRATION OF PREVIOUSLY ABANDONED PROPERTIES.
Any beneficiary/trustee who holds a deed of trust on a property located within the city, which property, on or before May 15, 2009 is: under a current notice of default; under a current notice of trustee's sale; pending a tax assessor's lien sale; has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or has been transferred under a deed in lieu of foreclosure/sale, shall, on or before July 14, 2009, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, then it is, by this subchapter, deemed abandoned and the beneficiary/trustee shall, within ten days after the inspection, register, on forms provided by the city, the property with the Planner Manager or her or his designee.
§ 150.255 MAINTENANCE REQUIREMENTS.
Responsible persons, including beneficiaries/ trustees, shall maintain properties subject to inspection or registration pursuant to this subchapter, and any other applicable provisions of federal, state or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to prevent giving the appearance the property is abandoned, including but not limited to the following:
(A) The property shall be kept free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
(B) Front and side yards visible from the public rights-of-way or neighboring private or public property shall be landscaped and maintained in accordance with city requirements and the neighborhood standard applicable at the time registration was required.
(C) Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.
(D) Permitted landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, indoor-outdoor carpet or any similar material.
(E) Required maintenance includes but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.
Exhibit A to Ordinance No. 14411471*****
(F) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.
(G) Adherence to this section Section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property.
§ 150.256 SECURITY REQUIREMENTS.
Responsible persons, including beneficiaries/ trustees, shall secure properties subject to inspection and/or registration pursuant to this subchapter, in a manner to prevent access by unauthorized persons, including but not limited to the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the re-glazing or boarding of the window. Responsible persons shall do the following:
(A) If the responsible person is a corporation and/or out-of-area beneficiary/trustee/owner, a local property manager shall be hired to perform weekly inspections to verify that the requirements of this subchapter, and any other applicable laws, are being met.
(B) The property shall be posted with the name and 24-hour contact phone number of the local property manager. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY", "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS, CONTACT CODE ENFORCEMENT AT (626) 813-5238." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/ structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather- resistant materials.
(C) The responsible person or local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this subchapter.
§ 150.257 ADDITIONAL AUTHORITY.
In addition to the enforcement remedies established in Chapters 10, 15 and 95 of this Code, the Planner Manager, her or his designee, shall have the authority to require the responsible person of any property affected by this section Section to implement additional maintenance and security measures, including, but not limited to, securing each door, window or other opening, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities and removing the meter boxes, or other measures Exhibit A to Ordinance No. 14411471*****
as may be reasonably required to arrest the decline of the property and prevent unauthorized entry.
§ 150.258 ENFORCEMENT.
Violations of this subchapter may be enforced as allowed in Chapters 10, 15 and 95 of this Code or any combination thereof.
§ 150.259 VIOLATION; PENALTY.
Violations of this subchapter shall be treated as a strict liability offense regardless of intent. Any person, firm or corporation that violates any portion of this subchapter shall be subject to prosecution and administrative enforcement as provided in Chapters 10 and 15 of this Code and subject to the penalties set forth therein. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this subchapter is committed, continued, or permitted by any person, and such person shall be punished accordingly.
§ 150.260 FEES.
The fee for registering an abandoned residential property shall be set by resolution of the City Council.
§ 150.261 APPEALS.
Any person aggrieved by any of the requirements of this subchapter may appeal insofar as such appeal is allowed in Chapter 15 or 95 of this Code.
STAFF REPORT
ITEM NO. ________10_________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Finance Director
DATE: November 16, 2022
SUBJECT: Adopt Resolution No. 2022-062 Appointing Best Best & Krieger, LLP (BBK) as the City’s Permanent City Attorney and Approving a Legal Services Agreement for Legal
Services
SUMMARY
In appointing BBK as the Interim City Attorney, the City Council directed the Chief Executive Officer (CEO) to present for City Council consideration the appointment of BBK as the Permanent City Attorney and negotiation of a legal services agreement.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-062 Appointing Best Best & Krieger as the City’s Permanent City Attorney, effective as of the date of the execution of the Agreement; and
2. Approve the Agreement between the City of Baldwin Park and Best Best and Krieger for Permanent City Attorney Legal Services and the rates contained therein; and
3. Authorize the Mayor to execute the Agreement; and
4. Declare the Agreement for Interim City Attorney Legal Services between the City of Baldwin Park and Best Best and Krieger null and void upon the execution of the Permanent Agreement.
FISCAL IMPACT
Currently, the FY 2022- 23 City Attorney Legal Services are budgeted for $269,000 in the General Fund. This budget was based on the former Robert Tafoya Group’s hourly rate. If BBK is appointed as the permanent City Attorney, due to the slightly higher negotiated rate there may be a minor increase in cost for the remainder of the fiscal year. However, given BBK’s economies of scale, it is expected that the City’s legal work will be done more efficiently and result in mitigating the overall cost. Thus, no increase in appropriation is requested at this time and will be revisited during the FY 2022-23 mid-year budget.
BACKGROUND
Following the acceptance by the City Council of the resignation and withdrawal as City Attorney of the Robert Tafoya Law Group, BBK quickly and very responsively stepped in as Acting City Attorney on an emergency basis, followed by the City Council’s formal appointment at its meeting of November 2, 2022, of BBK as the City’s Interim City Attorney. City Council further directed the CEO to negotiate terms with BBK for Permanent City Attorney Legal Services and to present it for City Council’s consideration at its meeting of November 16, 2022.
DISCUSSION
Section 31.16 of the Baldwin Park Municipal Code provides that “[T]he City Council shall appoint a qualified person to position of City Attorney…” Having a reliable, effective, efficient, and trusted City Attorney is a fundamental and critical requisite for the City Council functioning as the legislative and governing body of the City; and it is essential for City Staff to have ready access to legal advice, analysis and guidance as they carry -out the city’s work. BBK has a well -established reputation for being responsive, forthright, very capable, removed from any political affiliations and resourced with a multiplicity of subject matter expert attorneys in- house that enable their staff city attorney to provide speedy yet thorough legal analysis in a most efficient and cost-effective way for the client.
Staff had had the opportunity to interact with BBK in a number of programs in their role as special counsel, specifically in the City’s decertification and decommissioning of its Baldwin Park Resident Owned Utility District (BPROUD) program, and in the many pre -elections cycle preparation activities.
BBK attorneys were very responsive, knowledgeable, and thorough, yet very judicious, prudent, and conscientious with their use of billable time. This has been exactly the same experience for staff in dealing with BBK in their role as Acting and Interim City Attorney. We have full confidence that the same will remain true in their role as Permanent City Attorney.
Staff was able to negotiate a further discount on the applicable hourly rates from BBK in consideration of their potential designation and appointment as Permanent City Attorney. The Rates under the Permanent City Attorney Agreement are as follow:
Basic Legal Services
Attorneys: $230 per hour (meeting coverage, office hours, travel time) Paralegals/Clerks/Analysts: $155 per hour
Other Basic Legal Services
: $265 per hour
Special Legal Services
Attorneys: $330 per hour
Paralegals/Clerks/Analysts: $165 per hour
For reference, the new legal services agreement proposes rates that are lower than the interim agreement rates by approximately $15 per hour. For that reason, it would be in the City’s best interest to have the rates be applied retroactively to November 1 st and BBK has agreed to do so.
Section 31.20 of the Baldwin Park Municipal Code requires that compensation paid to the City Attorney be memorialized in a Resolution. That Resolution is attached and the legal services agreement is an exhibit to the Resolution.
It is foreseeable that after a period of time of engagement under this agreement, that as a business engagement model based on a fixed amount monthly retainer and not on an hourly rate basis, may be best suitable for the City. Such provision is included in the Agreement to allow for both parties to negotiate the terms, as an option in the future.
The Office of the Chief Executive Officer (CEO) will be the administrator of the proposed contract.
ALTERNATIVES
City Council may choose not to approve this agreement.
LEGAL REVIEW
Counsel has reviewed for form only. No legal advice has been provided to prevent any conflict of interest.
ATTACHMENTS
1. Resolution No. 2022-062.
2. Agreement for Permanent City Attorney Services between the City of Baldwin Park and Best Best & Krieger, LLP.
3. List of Existing Legal Services Rate Proposals from Surrounding Cities.
RESOLUTION NO. 2022-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APP OINTING BEST BEST & KRIEGER
LLP AS CITY ATTORNEY OF THE CITY OF BALDWIN
PARK AND APPROVING A LEGAL SERVICES
AGREEMENT
WHEREAS, Best Best & Krieger LLP was appointe d as Interim City Attorney by the City Council on October 26, 2022; and
WHEREAS, as part of that appointment, the City Council directed the Chief Executive Officer to review proposals for legal rates and negotiate a legal services agreement to for the appointment of BBK as the permanent City Attorney ; and
WHEREAS, Section 31.16 of the Baldwin Park Municipal Code provides that “[T]he City Council shall appoint a qualified person to t he position of City Attorney…”; and
WHEREAS, BBBK, through its partne r – Marco A. Martinez – (“BBK”) have the demonstrated qualifications and experience to serve as City Attorney of the City of Baldwin Park; and
WHEREAS, Section 31.20 of the Baldwin Park Municipal Code requires any compensation paid for the position of City Attorney shall be set forth in a resolution of the City Council; and
WHEREAS, all other legal prerequisites to the action have been satisfied.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The recitals contained in this Resolution are true and correct and are hereby adopted as if fully set forth herein.
SECTION 2: The City Council of the City of Baldwin Park hereby:
A. Appoints BBK as the City’s Permanent City Attorney, effective as of the date of the execution of the agreement; and
B. Approves the Legal Services Agreement between the City of Baldwin Park and Best Best and Krieger LLP for Permanent City Attorney Legal Services and the rates contained therein as shown on the attached Exhibit A; and
C. Authorizes the Mayor to execute the Agreement; and
D. Declare the Agreement for Interim City Attorney Legal Services between the City of Baldwin Park and Best Best and Krieger LLP null and void upon the execution of the
Permanent agreement.
Resolution 2022-062
PASSED AND APPROVED this 16th day of November 2022.
______________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the f oregoing Resolution No. 2022- 062 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 16
th day of November 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
MARLEN GARCIA
CITY CLERK
65431.00007\40837438.3
1 AGREEMENT FOR
CITY ATTORNEY LEGAL SERVICES
BETWEEN
THE CITY OF BALDWIN PARK &
BEST BEST & KRIEGER LLP
1. Parties and Date.
This Agreement for City Attorney Legal Services is made and entered into as of the 1st day of December, 2022, by and between the City of Baldwin Park, a California municipal corporation (“City”), and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”).
2. Recitals.
2.1 City appointed BB&K as Interim City Attorney on October 26, 2022.
2.2 City wishes to continue to engage the services of BB&K as its permanent City Attorney to perform all necessary legal services for the City on the terms set forth below. For purposes of this Agreement, the term “City” shall include all other entities where the City Council serves as the governing board and any other affiliated entities.
3. Terms.
3.1 Term
. The term of this Agreement shall commence on November 17, 2022 and shall continue in full force and effect unless terminated in accordance with Section 3.12.
However, the rates provided in this Agreement shall be retroactive to November 1, 2022. During the term of this Agreement, City and BBK shall review the services and rates provided to determine if any changes are required.
3.2 Scope of Services. BB&K shall serve as City Attorney and shall perform legal services (“Services”) as may be required from time to time by the City as set forth by this Agreement, unless otherwise agreed to by the City and BB&K. As part of the Services to be performed hereunder, BB&K shall be responsible for the following:
3.2.1 Preparation for, and attendance at, regular and special meetings of the City;
3.2.2 Provision of legal counsel at such other meetings as directed by the City, including the availability of once per week office hours as requested by the Chief Executive Officer;
3.2.3 Preparation or review of City ordinances and resolutions, together with such staff reports, orders, agreements, forms, notices, declarations, certificates, deeds, leases and other documents as requested by the City;
65431.00007\40837438.3
2 3.2.4 Rendering to the officers and employees of the City legal advice and opinions on all legal matters affecting the City, including new legislation and court decisions, as directed by the City;
3.2.5 Researching and interpreting laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the City on legal matters pertaining to City operations, as directed by the City;
3.2.6 Performing legal work pertaining to property acquisition, property disposal, public improvements, public rights-of-way and easements, as directed by the City;
3.2.7 Responding to inquiries and review for legal sufficiency of ordinances, resolutions, contracts, and administrative and personnel matters, as directed by the City;
3.2.8 Representing and assisting on litigation matters, as directed by the City.
Such services shall include, but shall not be limited to, the preparation for and making of appearances, including preparing pleadings and petitions, making oral presentations, and preparing answers, briefs or other documents on behalf of the City, and any officer or employee of the City, in all federal and state courts of this State, and before any governmental board or commission, including reviewing, defending or assisting any insurer of the City or its agents or attorneys with respect to any lawsuit filed against the City or any officer or employee thereof, for money or damages.
3.3 Designated City Attorney
. Marco A. Martinez shall be designated as City
Attorney, and shall be responsible for the performance of all Services under this Agreement, including the supervision of Services performed by other members of BB&K. Other attorneys may, from time to time, also provide services to the City as needed.
3.4 Time of Performance. The Services of BB&K shall be performed expeditiously in the time frames and as reasonably directed by the City.
3.5 Assistance. The City agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement.
3.6 Independent Contractor. BB&K shall perform all legal services required under this Agreement as an independent contractor of the City and shall remain, at all times as to the City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the City, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The City shall have no voice in the selection, discharge, supervision or control of BB&K’s employees, representatives or agents, or in fixing their number, compensation, or hours of service.
3.7 Fees and Costs. BB&K shall render and bill for legal services in the following categories and at rates set forth in Exhibit “A” and in accordance with the BB&K Billing Policies set forth in Exhibit “B”, both of which are attached hereto and incorporated herein by reference.
In addition, the City shall reimburse BB&K for reasonable and necessary expenses incurred by it in the performance of the Services under this Agreement, including travel time charged at Basic 65431.00007\40837438.3
3 Services rates. Authorized reimbursable expenses shall include, but are not limited to, printing and copying expenses, mileage expenses at the rate allowed by the Internal Revenue Service, toll road expenses, long distance telephone and facsimile tolls, computerized research time (e.g.
Lexis or Westlaw), research services performed by BB&K’s library staff, extraordinary mail or delivery costs (e.g. courier, overnight and express delivery), court fees and similar costs relating to the Services that are generally chargeable to a City. No separate charge shall be made by BB&K for secretarial or word processing services.
3.8 Billing
. BB&K shall submit monthly to the City a detailed statement of account for Services. The City shall review BB&K’s monthly statements and pay BB&K for Services rendered and costs incurred, as provided for in this Agreement, on a monthly basis.
3.9 Annual Reviews. The City and BB&K agree that a review of performance and the compensation amounts referenced in this Agreement should occur at least annually, at the discretion of the City Council.
3.10 Insurance. BB&K carries errors and omissions insurance with Lloyd’s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. A separate schedule containing BB&K’s insurance policies will be available for inspection upon City’s request.
3.11 Attorney-Client Privilege. Confidential communication between the City and BB&K shall be covered by the attorney-client privilege. As used in this article, “confidential communication” means information transmitted between the City and BB&K in the course of the relationship covered by this Agreement and in confidence by a means that, so far as the City is aware, discloses the information to no third persons other than those who are present to further the interests of the City in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which BB&K is consulted, and includes any legal opinion formed and advice given by BB&K in the course of this relationship.
3.12 Termination of Agreement and Legal Services. This Agreement and the Services rendered under it may be terminated at any time upon thirty (30) days’ prior written notice from either party, with or without cause in accordance with the City’s Municipal Code and California law. In the event of such termination, BB&K shall be paid for all Services authorized by the City and performed up through and including the effective date of termination.
3.13 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
3.15 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 65431.00007\40837438.3
4 3.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
3.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.18 Delivery of Notices. All notices permitted or required under this Agreement notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City: City of Baldwin Park
14403 Pacific Avenue
Baldwin Park, CA 91706
Attention: Chief Executive Officer
BB&K BB&K:
Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Marco A. Martinez, Partner
3.19 Counterparts
. This Agreement may be signed in counterparts, each of which shall constitute an original.
65431.00007\40837438.3
5 IN WITNESS WHEREOF, the City and BB&K have executed this AMENDED AND RESTATED Agreement for City Attorney Legal Services as of the date first written above.
CITY OF BALDWIN PARK
By: ____________________________________ Date:______________ Emmanuel J. Estrada, Mayor
By: ____________________________________ Date:______________ Enrique C. Zaldivar, Chief Executive Officer
BEST BEST & KRIEGER LLP
By: ___________________________________ Date:_____________ Marco A. Martinez
Partner
65431.00007\40837438.3
A-1
EXHIBIT “A”
Basic, Reduced, Special and Reimbursable Legal Service Rates
1. Basic Legal Services – Description and Rates. Basic Legal Services shall include all services provided to City that are not otherwise specifically identified below as either Enterprise Fund Legal Services, Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services. The City shall pay for Basic Legal Services at the following hourly rates:
Attorneys: $230 per hour blended (For Meeting Coverage, Office Hours, Travel Time only)
Attorneys: $265 per hour blended (For All Other Basic Legal Services) Paralegals, Clerks & Analysts: $155 per hour blended (For All Matters)
2. Special Legal Services - Description. Special Legal Services shall include the following types of services:
2.1 Litigation and formal administrative or other adjudicatory hearing matters
2.2 Labor relations and employment matters
2.3 Non-routine real estate matters (e.g. Development Agreements, Disposition & Development Agreements, CC&R’s, deed or title work)
2.4 Land acquisition and disposal matters (including pre-condemnation)
2.5 Successor Agency and housing matters
2.6 Taxes, fees and charges matters (e.g. Prop. 218 & Mitigation Fee Act)
2.7 Public construction disputes
2.8 Non-routine contract negotiation matters (including non-BB&K model agreements and franchise agreements)
2.9 Non-routine land use and development matters (including general plan updates, Williamson Act issues, annexations and development agreements)
2.10 Environmental matters (e.g. CEQA, NEPA, endangered species)
2.11 Water law matters (e.g. water rights & quality)
2.12 Tax and ERISA related matters
2.13 Toxic substances matters (e.g. CERCLA, RCRA)
65431.00007\40837438.3
A-2
2.14 Complex public utility matters (e.g. electric, natural gas, telecommunications, water, rail or transit that involve state or federal regulatory issues)
2.15 Renewable energy and energy efficiency project contracts and power purchase agreements
2.16 Intergovernmental Relations and Advocacy efforts (e.g. legislative and regulatory representation) at the federal and state level.
2.17 Non-routine election law matters, including election law litigation.
2.18 PRA Policy drafting including reviewing, assessing, and updating records-related policies to reflect current legal standards and best practices.
2.19 Other matters mutually agreed upon between BBK and the City Manager / General Manager.
The City shall pay for Special Legal Services at the following blended hourly rates Attorneys: $330 per hour
Paralegals, Clerks & Analysts: $165 per hour
If a matter falls within the list above, BBK shall submit a letter/email to City’s Chief Executive Officer informing him/her of the general nature of the matter, the scope of BBK’s representation and the attorney(s) that will be assigned.
3. Specialized Attorney & Third Party Reimbursable Legal Services - Description. Third Party Reimbursable Legal Services shall include legal services provided to the City for which the City receives reimbursement from a developer or other third party. These reimbursable legal services typically include litigation for which the City is indemnified by a project applicant, CEQA and land use planning review, review of CC&Rs; establishment of financing districts (i.e., Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance Districts); and land use/environmental projects for which the City is entitled to reimbursement.
In addition, any matters handled by attorneys with specialized legal expertise shall also be billed at the Third Party Reimbursable Rates. Currently, these include the following BB&K attorneys and their specialties: Eric Garner (Water Law), Jeffrey Chang & Isabel Safie (PERS & Employee Benefits).
The City shall pay for Specialized Attorneys & Third Party Reimbursable Legal Services at the following hourly rates: Private rates for each attorney/paralegal assigned, minus ten percent (10%) as discount.
4. Public Finance Legal Services – Description & Rates. BB&K will provide bond counsel, special counsel or disclosure counsel services at the request of the Client. Such bond counsel and special counsel services include the preparation of all legislative approvals and legal documentation relating to the appropriate sale and delivery of the bonds, notes or other obligations. BB&K will also prepare such closing certificates and legal opinions necessary for 65431.00007\40837438.3
A-3
the delivery of the bonds. As disclosure counsel, we will prepare the disclosure documents for the Client and conduct the necessary due diligence related to the transaction. Our fees will be determined based upon the type of financing and the expected involvement of the attorneys involved. We will provide the Client with a detailed description of our services and our fees and reimbursable costs upon the Client’s request. Notwithstanding the foregoing, in those cases where the fees are reimbursable by a third party, at BB&K’s option it may proceed on an hourly basis and utilize the Third Party Reimbursable Legal Services category provided for in this Amendment, including with respect to services rendered for the formation of, or annexation to, a CFD (of either the City or other local public agency of which the City Council acts as governing board), as well as the negotiation and preparation of funding agreements and joint financing agreements. Legal services related to the Client’s compliance with its continuing disclosure covenants and provide such necessary advice on the Client’s compliance shall be billed as Special Legal Services, above.
5. Agreement Regarding Rate Categories
. If BB&K believes that a matter falls within the
Special Legal Services, Complex Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services rate categories, BB&K shall seek inform the Chief Executive Officer or his/her designee. The Chief Executive Officer’s or her designee's approval of such a request from BB&K shall not be unreasonably withheld.
6. Annual Adjustments; Other Mutual Adjustments. The rates or amounts provided for in Sections 1 through 4 shall be automatically increased beginning on July 1, 2024 and every July 1st thereafter during the term of this Agreement, they shall be increased for the change in the cost of living for prior twelve (12) month period published for the month of May, as shown by the U.S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles- Long Beach area; provided, however, that such adjustment shall never be lower than zero percent (0%) nor higher than four percent (4%). In addition to the automatic rate increases, either BB&K or the City may initiate consideration of a rate increase at any time.
65431.00007\40837438.3
B-1
EXHIBIT “B”
BB&K BILLING POLICIES
Our century of experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department ([email protected]). Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.
Invoice and Payment Options
Best Best & Krieger strives to meet our clients’ needs in terms of providing a wide variety of invoice types, delivery and payment options. Please indicate those needs including the preferred method of invoice delivery (Invoice via Email; or USPS). In addition, [email protected] can provide a W-9 upon request and discuss various accepted payment methods.
Fees For Electronically Stored Information (“ESI”) Support and Storage BBK provides Electronically Stored Information (“ESI”) services for matters requiring ESI support – typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data (“GB”) processed and stored:
1GB -250GB: $10 per GB
251GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services available from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. [OPTIONAL BBK also provides advanced ESI processing services at hourly rates for personnel in its Litigation Support Group. A copy of BBK’s current rates for such services will be provided upon request.] BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand.
Fees for Professional Services
Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client’s behalf. In special circumstances which will be discussed with the client and 65431.00007\40837438.3
B-2
agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.
Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of an hour (0.10/hour) or six-minute increments. Our attorneys are currently billed at rates from $235 to $850 per hour, and our administrative assistants, research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to $295 per hour for new work. These rates reflect the ranges in both our public and our private rates. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice.
Non-Attorney Personnel: BBK may employ the services of non-attorney personnel under the supervision of a BBK attorney in order to perform services called for in the legal services agreement. The most common non-attorney personnel utilized are paralegals. Other types of non-attorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty consultants. The client agrees that BBK may use such non-attorney personnel to perform its services when it is reasonably necessary in the judgment of the responsible BBK attorney. Hourly fees for non-attorney personnel will be charged at the rate then in effect for such personnel. A copy of BBK’s current rates and titles for non-attorney personnel will be provided upon request.
Fees For Other Services, Costs and Expenses
We attempt to serve all our clients with the most effective support systems available.
Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates.
We may need to advance costs and incur expenses on your behalf on an ongoing basis.
These items are separate and apart from attorneys’ fees and, as they are out-of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due.
Advance Deposit Toward Fees And Costs
Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement letter. 65431.00007\40837438.3
B-3
Upon receipt, the advance deposit will be deposited into the firm’s client trust account.
Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded.
Monthly Invoices and Payment
Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client’s behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter.
Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account.
It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We reserve the right to terminate our engagement and withdraw as attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee deposits or make deposits for anticipated costs.
From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive the bill so we may address them on a current basis.
Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm’s trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing. 65431.00007\40837438.3
B-4
Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees.
BEST BEST & KRIEGER LLP
65431.00007\40843521.1
List of Existing Legal Service Rates from Surrounding Cities
City
Law Firm
Rates
LSA Date
City of Azusa BBK Retainer
$23,900 per month
Non-Retainer Special Services &
Enterprise Funds
$301 for partners and $264 for
associates and $183 for paralegals
March 2012
Annual CPI
City of La Palma Rutan & Tucker Retainer
$8,800 per month
Non-Retainer/Litigation
$265
Project Reimbursement
$400
August 2022
City of Whittier Jones & Mayer Retainer
$30,000 per month
Litigation & Special Projects
$230 blended
July 2022
City of Duarte Rutan & Tucker General Services
$220 blended
Litigation
$250 blended
Eminent Domain
$255 per hour blended
March 2022
City of Monrovia Richards Watson Retainer / General Services $20,500 per month
Litigation
Standard hourly rate discounted by
10% not to exceed $335/hr
Employment
$235 blended
Major Projects & Special Services
$235 Shareholders
$220 Associates
November
2021
Beginning
January 1,
2023 and
annually
after, CPI
for previous
year not to
exceed 4%
City of Bell Gardens Atkinson Andelson Special Counsel – Labor Relations & Employment
$316-$350 Partner
$300 Of Counsel
$240-$285 Associates
June 2020
City of Bell Gardens Liebert Cassidy Special Counsel – Labor & Employment $380 Partner
$325 Sr. Counsel
$210-$305 Associates
June 2020
65431.00007\40843521.1
List of Existing Legal Service Rates from Surrounding Cities
City of Vernon Rutan & Tucker Special Services Litigation $370 Partner
$295 Associate
Special Services Advisory
$350 Partner
$275 Associate
May 2020
City of Lynwood Alvarez-Glasman Partners
$220
Associates
$195
Special Matters
$250
September
2019
Source:
City of Bell
Garden’s
benchmark
City of South Gate Alvarado Smith Public, Closed & Special Session $225
Weekly Department Meetings
$250
All Other Time
$275
September
2019
Source:
City of Bell
Garden’s
benchmark
City of Glendora Aleshire & Wynder Retainer
$18,000 per month
Matters/projects over six hours
$240 Partners
$220 Associates
March 2018
STAFF REPORT
ITEM NO. ______SA-1__________
TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Successor Agency To The Dissolved Community
Development Commission of The City of Baldwin
Park Warrants and Demands
SUMMARY
Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $928.13.
.
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 meeting and the following is a summary of the payment released:
1. The October 6 to November 3, 2022, Successor Agency Warrant with check number 13593 in total amount of $928.13 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Check Register
STAFF REPORT
ITEM NO. ________SA-2_________
TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report
AGENDA
BALDWIN PARK FINANCE AUTHORITY
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
FINANCE AUTHORITY
Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila - Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member
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. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público 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
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Munici pal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e- mail at [email protected].
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
REGULAR MEETING – 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
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 ex ist.
The legislative body or its staff may: 1) Briefly respond to statements made or questions a sked 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 tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes t o speak live during the meeting . If you are a non-English Speaker and require translation services in anoth er language other than Spanish, p lease indicate your request in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.
CONSENT CALENDAR
1. Treasurer’s Report – September 2022
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of November, 2022.
Marlen Garcia,
City Clerk
STAFF REPORT
ITEM NO. ________1_________
TO: Honorable Chair and Board Members of the Financing
Authority
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report
AGENDA
BALDWIN PARK HOUSING AUTHORITY
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member
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. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público 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
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
HOUSING AUTHORITY
REGULAR MEETING – 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será 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 staf f 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 tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to [email protected].
You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communic ation up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.
CONSENT CALENDAR
1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.
2. Treasurer’s Report – September 2022
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
ADJOURNMENT
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for pub lic viewing and inspection at City Hall, 2 nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 or via e- mail at [email protected].
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Manage ment at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
CERTIFICATION
I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of November, 2022.
Marlen Garcia,
City Clerk
STAFF REPORT
ITEM NO. _______1__________
TO: Honorable Chair and Board Members of the Housing
Authority
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands
SUMMARY
Attached are the Warrants and Demands Register s for the City of Baldwin Park Housing Authority to be ratified by the Board.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $ 547,858.14.
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 meeting and the following is a summary of the payment released:
1. The October 6 to November 3,2022 Warant check numbers 72642 through 72650 in the amount of $3,344.00 and Automated Clearing House (ACH) In the amount of $5 44,514.14 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Happy Check Register
2. Happy Check Register ACH
STAFF REPORT
ITEM NO. _________________
TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report