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City of Bell
Memorandum

DATE: JUNE 7,2010

TO: MAYORAND MEMBERS OF COUNCIL

FROM: ROBERT A. RIZZO,

CHIEF ADMINISTRATIVEOFFICER

SUBJECT: CONSIDERATION OF THE JOINT POWERS

AGREEMENT FOR THE RANCHO SAN ANTONIO
POLICE AUTHORITY
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Recommendation:

It is recommended that City Council approves the Joint Power Agreement

for the Rancho San Antonio Police Authority.

Background:

On April 27, 2010, the City of Bell approved Resolution 2010-09

authorizing the Chief Administrative Officer to cooperate with the cities of
Cudahy, Huntington Park, Maywood and South Gate to explore the
feasibility of a regional law enforcement authority.

For many years, the concept of regionalized law enforcement services has
been discussed, with the accepted belief that regionalization can enhance
service delivery at a more affordable cost.

The cities of Bell and Maywood are hereby taking a step forward to
demonstrate this belief by regionalizing police services into a newly
formed police department governed under the authority of this Joint
Powers Agreement.

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 JOINT POWERS AGREEMENT FOR POLICE SERVICES
BY AND BETWEEN THE CITY OF BELL AND THE CITY OF MAYWOOD

THE AGREEMENT: Dated July 1,2010, is by and between the City of

Bell and the City of Maywood, municipal corporations duly organized and
existing in the County of Los Angeles, State of California, collectively referred to
herein as the Agencies.

RECITALS

WHEREAS, each of the Agencies is legally responsible for providing police

protection within its jurisdiction; and

WHEREAS, the jurisdictional areas of the Agencies are contiguous to

each other, are primarily residential in character, and lend themselves to being
provided with police protection services under common administration and
management; and

WHEREAS, for many years, the concept of regionalized law enforcement

services has been discussed, with the accepted belief that regionalization can
enhance service delivery at a more affordable cost; and

WHEREAS, the cities of Bell and Maywood are taking a bold step forward
to demonstrate this belief by regionalizing police services into a newly formed
police department governed under the authority of this Joint Powers
Agreement; and

WHEREAS, it is the Agencies' desire to insure that the joint Police

Department remains at all times administratively and operationally sensitive,
responsive and conscious of the individual police service philosophies and
priorities of the City Councils of Bell and
Maywood; and

WHEREAS, the Agencies desire to promptly identify police service

differences that may arise from time to time between them and to resolve same
in a timely and equitable manner; and

WHEREAS, with the successful operation of this Joint Powers

Agreement, it is hoped that other cities within the southeast Los Angeles area
will join the Joint Powers Agreement to further expand and enhance the
efficiency and cost effective delivery of police services to the Rancho San
Antonio area;

NOW, THEREFORE, in consideration of the foregoing and of the mutual

covenants contained herein, the Agencies do hereby agree as follows:
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 ARTICLE I - DEFINITION OF TERMS

Section 1. 1. General. Wherever the following terms are used in this

agreement they shall have the following meaning unless otherwise specifically
indicated by the context in which they appear.

Section 1.2. "Act." "Act" means the provisions of Chapter 5 of

Division 7 of Title 1 of the California Government Code (commencing with
Section 6500) pertaining to joint powers agreement.

Section 1.3. "Agencies" and "Agency." "Agencies" means both of the

parties to this agreement and "Agency" means either party to the agreement.

Section 1.4. "Agreement." "Agreement" means this Agreement.

Section 1.5. "Area." "Area" means the combined aggregate

jurisdictional service areas of the Agencies as they now exist and as they may
be hereafter modified by annexation of territory or the exclusion of territory
from the boundaries of either Agency.

Section 1.6. "Authority." "Authority" means the Rancho San

Antonio Police Authority, a public entity.

Section 1.7. "Fiscal Year." "Fiscal Year" means the period from July
1st of each year to and including the following June 30th.

Section 1.8. "Fiscal Officer." "Fiscal Officer" means one of the

Managers or their joint designee.

Section 1.9. "Management Committee." "Management Committee"

means the Manager of the City of Bell and the Manager of the City of Maywood.

Section 1.10 "Police Chief." "Police Chief' means the Chief

Executive Officer of the Authority.

Section 1.11 "Board." "Board" means the Rancho San Antonio

Police Authority governing body.

ARTICLE II - GENERAL PROVISIONS

Section 2.1. Purpose. This Agreement is made pursuant to the Act

providing for the joint exercise of powers common to the Agencies. The purpose
of this Agreement is to create and provide for the operation and management of
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the Rancho San Antonio Police Authority, which will render police services to
the communities of Bell and Maywood.

Section 2.2. Creation of Authority. Pursuant to the Act, there is

hereby created a public entity to be known as the "Rancho San Antonio Police
Authority," hereinafter called the "Authority." The Authority is a public entity
separate from Bell and Maywood, and shall administer this agreement.

Section 2.3. Term. This Agreement shall be effective on the date

hereof and shall continue in effect until such time as terminated pursuant to
Article IX.

Section 2.4. Rancho San Antonio Police Authority.

The Authority shall be governed by a Board of four (4) members. Two (2)
members shall be Council members of Bell appointed by the City Council of
Bell; and two (2) members shall be Council members of Maywood appointed by
the City Council of Maywood. All voting power of the Authority shall reside in
the Rancho San Antonio Police Authority. Each member of the Rancho San
Antonio Police Authority shall serve at the pleasure of the Agency which
appoints such member. Vacancies on the Rancho San Antonio Police Authority
shall be filled by the respective appointing Agencies.

Section 2.5. Meetings of the Rancho San Antonio Police Authority.

a) Regular Meetings. The Rancho San Antonio Police Authority shall

provide for its regular meetings; provided, however, that at least one regular
meeting shall be held each year. The date, hour, and place of the regular
meetings shall be fixed by resolution of the Board, and a copy of such
resolution shall be filed with the Manager of each of the Agencies.

b) Call, Notice and Conduct of Meetings. All meetings of the Board shall
be called, noticed, held, and conducted in accordance with the provisions of the
California Government Code.

Section 2.6. Minutes. The Secretary of the Rancho San Antonio

Police Authority shall cause to be kept minutes of the meetings of the Rancho
San Antonio Police Authority and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Board and
to the Manager of each of the Agencies and the Police Chief.

Section 2.7. Voting. Each member of the Rancho San Antonio

Police Authority shall have one vote.

Section 2.8. Quorum; Required Votes; Approvals. Three members

of the Board shall constitute a quorum for the transaction of business, except
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that less than a quorum may adjourn from time to time. The affirmative votes
of three members shall be required to take any action.

Section 2.9. Bylaws. The Rancho San Antonio Police Authority may
adopt, from time to time, such bylaws, rules, and regulations for the conduct of
its meetings and affairs as are necessary for the purposes hereof, provided that
the same shall not be inconsistent herewith.

ARTICLE III - OFFICERS AND EMPLOYEES

Section 3.1. Chairperson, Vice-Chairperson, and Secretary. The

Board shall annually elect a Chairperson and Vice-Chairperson from among its
members, and shall appoint a Secretary who may, but need not, be a member
of the Rancho San Antonio Police Authority. These officers shall perform the
duties normal to said officers; and

a) The Chairperson shall preside at all meetings of the Police

Council and shall perform such other duties as may be imposed by the Police
Council; and

b) The Vice-Chairperson shall act and perform all of the Chairperson's

duties in the absence of the Chairperson; and

c) The Secretary shall keep accurate minutes of all Board meetings and
shall perform such other duties as may be imposed by the Board and cause a
copy of this Agreement to be filed with the California Secretary of State
pursuant to the Act.

Section 3.2. Fiscal Officer. The Fiscal Officer shall be the depository
for and shall have custody of all of the accounts, funds, and money of the
Authority from whatever source. The Fiscal Officer shall have the duties and
obligations set forth in the Act, and shall assure that there shall be strict
accountability of all funds and reporting of all receipts and disbursements of
the Authority. The Fiscal Officer shall be appointed by the Management
Committee.

Section 3.3. Officers in Charge of Records and Property. Pursuant

to the Act, the Fiscal Officer shall have charge of, handle, and have access to
all records relating to accounts, funds, and money of the Authority; and the
Management Committee shall have charge of, handle, and have access to all
physical properties of the Authority; and the Secretary shall have charge of,
handle, and have access to all other records of the Authority.

Section 3.4. Management. The management of the Authority shall

be vested in the Police Chief in consultation with the Management Committee.
The Police Chief shall be appointed by the Board. The Police Chief, subject to
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such rules and regulations that the Board may prescribe, shall have full charge
of the police force of the Authority and be vested with the authority and duty:

a) To execute any contract for capital costs of special services,

equipment, materials, supplies, maintenance or repair that involves an
expenditure by the Authority within budgetary limits approved by the Rancho
San Antonio Police Authority; .

b) To employ all personnel of the Authority authorized by the Board;

c] To have direct control, management and direction of all officers and

employees of the Authority and power to detail them to such public service as
may, in his/her judgment, be necessary, always looking to the best interests of
the community that the Authority serves and the efficiency of the Authority.

d) To expend funds of the Authority and enter into contracts, whenever

required, in the combined judgment of the Management Committee, for the
immediate preservation of the public peace, health, or safety;

e) To sell any personal property of the Authority of a value less than

$10,000 or in an amount determined by resolution of the Rancho San Antonio
Police Authority;

f) To authorize the settlement or compromise of damage clams against

the Authority in the maximum amount provided for in the Government Code,
and to recommend settlement or rejection of claims beyond said amount;

g) To represent the Authority in meet-and-confer sessions;

h) To act as personnel officer, including hiring and firing of all employees

in accordance with applicable personnel regulations adopted by the Rancho
San Antonio Police Authority;

i) To administer the priorities and policies established by the Board for

police services of the Agencies. The Police Chief shall perform such other
duties as may be imposed upon it by the Rancho San Antonio Police Authority,
and shall report at such times and concerning such matters as the Rancho San
Antonio Police Authority may require.

Section 3.5. Legal Advisor. The Board shall appoint a legal advisor
to the Authority, who shall perform such duties as may be prescribed by the
Board.

Section 3.6. Other Employees. The Police Chief as the Executive

Officer shall have the power to appoint and employ such other consultants,

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independent contractors or employees as may be necessary for the purposes of
this Agreement.

ARTICLE IV - POWERS

Section 4.1. General Powers. The Authority shall exercise in the

manner herein provided the powers common to each of the Agencies and
necessary to the accomplishment of the purposes of this Agreement. As
provided in the Act, the Authority shall be a public entity separate from the
Agencies. The Authority shall have the power to manage, maintain, and operate
the police facility of each Agency, subject to the following exclusions, which
must receive prior approval from the Council of each Agency:

a) Closing existing facilities;

b) The issuance of any bonds.

Section 4.2. Specific Powers. The Authority is hereby authorized in

its own name, to do all acts necessary for the exercise of the foregoing powers,
including but not limited to any or all of the following:

a) To make and enter into contracts;

b) To employ agents or employees;

c) To acquire, construct, manage, maintain, or operate any buildings,

works, or improvements;

d) To acquire, hold, or dispose of property;

e) To sue and be sued in its own name;

f) To incur debts, liabilities, or obligations;

g) To apply for, accept, receive and disburse grants, loans and other aids
from any private or public agency;

h) To invest any Authority funds not required for immediate necessities of

the Authority, in the same manner and upon the same conditions as local
agencies;

i) To carry out and enforce all the provisions of this Agreement.

Section 4.3. Obligations of Authority. The debt, liabilities, and

obligations of the Authority shall not be the debts, liabilities, or obligations of
either of the Agencies.
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ARTICLE V - METHODS OF PROCEDURE

Section 5.1. Assumption of Responsibilities by the Authority.

Within 45 days after the date of this Agreement, the respective Agencies shall
appoint the members of the Board and the City Manager of Bell shall give
notice of the organizational meeting of the Board. At said meeting Board shall
provide for its regular meetings and elect a Chairperson and Vice-Chairperson
and appoint a Secretary, and carry out such further business, consistent
herewith, as it deems proper.

Section 5.2. Delegation of Powers; Transfer of Records, Accounts.

Each of the Agencies hereby delegates to the Authority the power and duty to
maintain, operate, manage and control all of the police protection facilities,
equipment, resources, and property of each of the Agencies within its
respective territorial jurisdictions, including without limitation all police
stations, land, buildings, and police equipment, and to employ the necessary
personnel to do any and all other things necessary or desirable to provide
continued efficient and economical police services to the communities. Real
property ownership will remain with the respective Agencies. Each Agency shall
transfer to the Authority all police records including personnel, accounts, and
property (see Exhibit A) which relates to the providing of police services and
which are necessary or desirable in the judgment of the Management
Committee to allow the Authority to function.

Section 5.3. Funding. Each of the Agencies shall pay the Authority
its share in the maintenance and operation costs of the Rancho San Antonio
Police Authority Budget computed on the basis set forth in this Agreement.

Section 5.4. By-Laws. The Board shall have the authority to adopt
By-Laws in order to provide for the efficient operation of the Rancho San
Antonio Police Authority.

ARTICLE VI - BUDGET: MAINTENANCE AND OPERATION COSTS: OTHER

COSTS

Section 6.1. Annual Budget. The Authority shall adopt a budget for
. maintenance and operation costs, capital costs, and costs of special services in
time to allow approval by the Agencies prior to June 30 of each fiscal year,
beginning in July of 2010. The annual budget will be prepared by the Police
Chief in conjunction with the Management Committee. The preliminary budget
shall have a recommended allocation of costs between the Agencies, and the
final adopted budget shall state the actual allocation formula.

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 Section 6.2. Records and Accounts. The Authority shall cause to be
kept accurate and correct books of account, showing capital costs, special
services costs, and maintenance and operation costs of the Authority, and all
financial transactions relating to the police facilities, which books of account
shall correctly show any receipts and also any costs, expenses, or charges to be
paid by the Authority. Said books and records shall be open to inspection at all
times during normal business hours by either Agency. The Fiscal Officer shall
cause all financial records of the Authority to be audited by an independent
public accountant or certified public accountant and a copy of the audit to be
delivered promptly to each Agency.

Section 6.3. Allocation of Expenses: As a general rule,

administrative, investigation, and communication costs, and the cost of
Authority administration will be shared on a 50/50 basis. Patrol activities,
related training and support costs will be shared on a basis to be approved by
the Rancho San Antonio Police Authority, which shall include consideration of
at least:

a) The most current population available through the State Finance

Department of each Agency;

b) The most current County-prepared assessed valuation of each Agency;

c) Calls for service within each Agency;

d) Identification of expenses attributed solely to one Agency;

e) Recognition of individual agency revenue-producing activities.

Section 6.4. Method and Timing of Payments. Beginning on July 1,

2010, each Agency agrees to pay to the Authority its allocated share of the total
budgeted annual costs and expenses of the Authority in four (4) equal
installment payments on or before the first day of July, the first day of October,
the first day of January, and the first day of April of each fiscal year or in a
manner acceptable to the Management Committee. The Authority shall submit
to each of the Agencies a final statement of the costs and expenses for the fiscal
year, allocated in the same manner as estimated expenses were allocated,
within three (3) months after the dose of each fiscal year, whereupon final
adjustments shall be made by the Authority and the Agencies. If the amount of
any allocated share of any estimated item of expense due from either Agency
was less than the final allocation of such item to such Agency, such Agency
shall pay the difference to the Authority prior to the fifteenth day of October. If
the amount of any allocated share of any estimated item of expense due from
either Agency was in excess of the final allocation of such item to such Agency,
the Authority shall apply such excess toward the next installment payment of
such Agency. .

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·.
Section 6.2. Records and Accounts. The Authority shall cause to be
kept accurate and correct books of account, showing capital costs, special
services costs, and maintenance and operation costs of the Authority, and all
financial transactions relating to the police facilities, which books of account
shall correctly show any receipts and also any costs, expenses, or charges to be
paid by the Authority. Said books and records shall be open to inspection at all
times during normal business hours by either Agency. The Fiscal Officer shall
cause all financial records of the Authority to be audited by an independent
public accountant or certified public accountant and a copy of the audit to be
delivered promptly to each Agency.

Section 6.3. Allocation of Expenses: As a general rule,

administrative, investigation, and communication costs, and the cost of
Authority administration will be shared on a 50/50 basis. Patrol activities,
related training and support costs will be shared on a basis to be approved by
the Rancho San Antonio Police Authority, which shall include consideration of
at least:

a) The most current population available through the State Finance

Department of each Agency;

b) The most current County-prepared assessed valuation of each Agency;

c) Calls for service within each Agency;

d) Identification of expenses attributed solely to one Agency;

e) Recognition of individual agency revenue-producing activities.

Section 6.4. Method and Timing of Payments. Beginning on July 1,

20 10, each Agency agrees to pay to the Authority its allocated share of the total
budgeted annual costs and expenses of the Authority in four (4) equal
installment payments on or before the first day of July, the first day of October,
the first day of January, and the first day of April of each fiscal year or in a
manner acceptable to the Management Committee. The Authority shall submit
to each of the Agencies a final statement of the costs and expenses for the fiscal
year, allocated in the same manner as estimated expenses were allocated,
within three (3) months after the dose of each fiscal year, whereupon final
adjustments shall be made by the Authority and the Agencies. If the amount of
any allocated share of any estimated item of expense due from either Agency
was less than the final allocation of such item to such Agency, such Agency
shall pay the difference to the Authority prior to the fifteenth day of October. If
the amount of any allocated share of any estimated item of expense due from
either Agency was in excess of the final allocation of such item to such Agency,
the Authority shall apply such excess toward the next installment payment of
such Agency. .
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Section 8.1. Ownership of Police Facilities. Each Agency shall

continue to own the police buildings now owned by each, respectively.

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Section 8.2. Agency Contribution. Exhibit A attached hereto is the

existing inventory and valuation as determined by the Management Committee
of the contributions that each Agency will make initially to the Authority.

Section 8.3. Enforcement by Authority. The Authority is hereby

authorized to take any or all legal or equitable actions, including but not
limited to injunction and specific performance, necessary or permitted by law
to enforce this Agreement.

ARTICLE IX - TERMINATION

Section 9.1. Termination. This agreement shall continue until

terminated by either party in the manner herein provided.

Section 9.2. Effective Date of Termination. Upon written notice by

either Agency to the other, termination shall be effective no sooner than nine
months from the date of notice unless by mutual agreement the Agencies agree
to an earlier termination date.

Section 9.3. Disposition of Personnel and Assets. Upon the

termination of this Agreement, any assets acquired by the Authority and still
on hand shall be distributed to the Agencies as determined by mutual
agreement at the time of termination on the basis of appraised value at the
time of termination and in accordance with the allocation formula which was
effective at the time of acquisition. Agency contributions contained in Exhibit
"A"which are still on hand shall be returned to the contributing agency.
Personnel shall be distributed back to each Agency on a lot basis in a manner
. to be determined by the Authority.

Section 9.4. Pending or Outstanding Claims, Demands and

Obligations. Upon termination, the Authority shall to the extent possible
identify all pending and outstanding claims, demands and obligations and
establish a mutually acceptable basis for the future resolution of same if
expenses are to be incurred in the name of the Authority. Claims, demands,
and obligations which are outstanding should be settled in accordance with the
principles of Article VII.

ARTICLE X - MISCELLANEOUS

Section 10.1. Effective Date. The effective date of this Agreement

shall be the day and year first hereinabove written.

Section 10.2. Notices. Notices hereunder shall be in writing and

shall be sufficient if delivered to the Maywood City Manager, City of Maywood,
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4317 Slauson Avenue, Maywood, California 90270, and the Bell City Manager,
City of Bell, 6330 Pine Avenue, Bell, California 90201.

Section 10.3. Section Headings. The section headings are for

convenience only and are not to be construed as modifying or governing the
content of the sections referred to.

Section 10.4. Consent. Whenever in this Agreement any consent or

approval is required the same shall not be unreasonably withheld.

Section 10.5. Law Governing. This Agreement is made in the State of

California under the Constitution and laws thereof, and is to be so construed.

Section 10.6. Amendments. To preserve a reasonable degree of

flexibility, many parts of this Agreement are stated in general terms. It is
understood that the Agencies may from time to time adopt and implement
interpretations, rules and regulations to further define the rights and
obligations of the Agencies and carry out the purpose of this Agreement. This
Agreement may be amended at any time or from time to time by one or more
supplemental agreements in writing as approved by each Agency, either as
required in order to carry out any of the provisions of this Agreement, or for
any other purpose authorized by law.

Section 10.7. Severability. Should any part, term, or provision of this

Agreement be decided in the Courts to be illegal or in conflict with the law of
the State or otherwise be rendered unenforceable or ineffectual, the validity of
the remaining portions or provisions shall not be affected thereby.

Section 10.8. Successors. This Agreement shall be binding upon and

shall inure to the successors of the respective Agencies. Neither Agency may
assign any right or obligation hereunder without the prior written consent of
the other Agency.

IN WITNESS THEREOF, the parties hereto have set their hands the day
and year first hereinabove written.

ATTEST: ATTEST:
(Signature) (Signature)

City Clerk City Clerk

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at
CITY OF MAYWOOD CITY OF BELL
(Signature) (Signature)

Mayor Mayor

APPROVED AS TO FORM APPROVED AS TO FORM:

(Signature) (Signature)

City Attorney City Attorney

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