BURBANK CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 15, 2026
5:00 p.m. – Closed Session
6:00 p.m. – Open Session
Council Chamber
275 E. Olive Avenue, Second Floor
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that a Regular City Council Meeting will be held in the Council Chamber – 275 East Olive Avenue, Second Floor, on Tuesday, September 15, 2026, at 5:00 p.m., to discuss matters on the attached agenda.
Members of the public have the option to participate in the meeting in-person or remotely.
They may also
submit their written comments regarding City business using the eComment feature on the City website.
Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48- hour notice is required). For more information, please contact the ADA Coordinator at (818) 238-5051.
Interpretation Requests
:
If you would like to participate in Public Comments and require an interpreter, please telephone the City Clerk's Office at (818) 238-5851 at least 48 hours in advance of the meeting.
Si desea participar en los comentarios públicos y necesita un intérprete, por favor llame a la Oficina de la Secretaria Municipal al (818) 238-5851 al menos 48 horas antes de la reunión.
How to View the Meeting
:
Local Cable: Spectrum Channel 6 or AT&T Uverse Channel 99.
YouTube Live Streaming Channel:
Click here
.
City Website Live Streaming:
Click here
.
Public Comment Options
:
1 .
Written comments:
Submit comments through eComment on the City website
(
https://www.burbankca.gov/web/city-clerks-office/ecomment ) from the time the agenda is posted
until 4:00 p.m. the day of the meeting. eComments will be distributed to the City Council in advance of the meeting.
2 .
In-person
: Attend and provide comments in the Council Chamber.
3 .
Remote participation via Zoom (Audio Only, No Video):
Option A – Telephone
Call
(818) 238-3335
Press *9 to raise or lower your hand
The City Clerk will identify callers by the last
four
digits of their phone number
When allowed to speak, you may be prompted to unmute by pressing *6
Burbank City Council Meeting Agenda
September 15, 2026
1 A.
Public Comment
: (On Closed Session only) To comment in person, a
PINK
Public Comment Card
must be completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335).
Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
B.
Closed Session
in City Hall First Floor Conference Room
:
Option B – Web Browser or Mobile Device
Click
HERE
to join via Zoom.com
Enter Meeting ID:
824 4125 6228
To request to speak during public comment, use the Raise Hand feature in Zoom.
For instructions on how to raise your hand during the meeting, please click HERE
.
Speaker time limits will be determined by the Presiding Officer, depending on how many public comment cards are received and how many
remote participants
are in the queue at the commencement of each
public comment period (as shown below).
Additional public comment cards and
remote comments
will
not be accepted once the public comment period commences. 1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
The Presiding Officer has the discretion to reduce speaking time for each speaker in order to ensure that City business can be completed at a reasonable hour.
Public Disclosure
:
Please be advised that any communication submitted to the City of Burbank, its officials, staff or City consultants, may be considered a public record under the Brown Act and California Public Records Act.
This means that any information contained in the communication, including personal information, may be subject to public disclosure. The City reserves the right to disclose such information in accordance with the law.
This agenda contains a summary of each item of business which the City Council may discuss or act on at this meeting. The agenda packet consisting of the staff reports and all other documentation relating to each item on this agenda will be posted on the City's website at www.burbankca.gov
. Any writings or
documents provided to the City Council regarding any item on this agenda subsequent to distribution of the agenda packet will be posted on the City's website at www.burbankca.gov
. If you have a question
about any matter on the agenda, please call the Office of the City Clerk at (818) 238-5851. The Council Chamber is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48-hour notice is required). Please contact the ADA Coordinator at (818) 238-5051 with questions or concerns.
1. Conference with Legal Counsel – Existing Litigation
a
.
Pursuant to Govt. Code §54956.9(d)(1)
b
.
Name of Case: Teri Eileen Desmarais v. City of Burbank
c
.
Case No.: 26NNCV00936
d
.
Brief description and nature of case: Trip and fall on sidewalk
2. Conference with Legal Counsel – Existing Litigation
a
.
Pursuant to Govt. Code §54956.9(d)(1)
b
.
Name of Case: Friends of the Equestrian Bridge v. City of Burbank, et al. c
.
Case No.: 25STCP00645
d
.
Brief description and nature of case: Development project at 910 S. Mariposa St.
Burbank City Council Meeting Agenda
September 15, 2026
2 C.
Call to Order
: 6:00 p.m.
D.
Moment of Reflection
:
E.
Flag Salute
:
F.
Roll Call
:
G.
Announcements
: (The Mayor will make announcements on various topics in addition to any listed) H.
Council Presentations/Recognitions
:
(The Mayor will make presentations to various
groups/persons)
1. Presentation of a Proclamation Declaring September 15, 2026, as "National Voter Registration Day" in the City of Burbank – City Council
2. Presentation of a Proclamation Declaring September 20–26, 2026, as “National Forensic Science Week” in the City of Burbank – City Council
3. Presentation of a Proclamation Declaring September 20, 2026, as “National Crime and Intelligence Analyst Appreciation Day” in the City of Burbank – City Council
4. Presentation of a Proclamation Declaring October 4–10, 2026, as “Fire Prevention Week” in the City of Burbank – City Council
I.
City Manager Report
: (Updates on Notable Events, if any)
J.
Reporting on Closed Session
: (The City Attorney will report the Closed Session items and report out actions taken)
K.
General Public Comment
: To comment in person, a
YELLOW
Public Comment Card must be
completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335). Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
L.
Council, City Manager, and/or City Attorney Comment
: (Responses to General Public
Comment, if any, shall be brief and in accordance with the Ralph M. Brown Act) M.
Consent Calendar
: (Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)
1. Council Minutes – City Clerk's Office
3. Conference with Legal Counsel – Existing Litigation
a
.
Pursuant to Govt. Code §54956.9(d)(1)
b
.
Name of Case: Los Angeles County Metropolitan Transportation Authority v. City of Burbank c
.
Case No.: 26STCP01904
d
.
Brief description and nature of case: CEQA and Breach of Contract
Recommendation
:
Approve the City Council Minutes of the Joint Meeting of August 25, 2026, and the Dark Meetings of September 1 and September 8, 2026.
Attachments
:
Council Minutes
Dark Meeting Minutes 9.1
Burbank City Council Meeting Agenda
September 15, 2026
3 2.
Adoption of a Resolution Approving Contract Documents, Plans and Specifications, Authorizing Execution of a Contract for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project to International Line Builders, Inc., and Finding of CEQA Exemption (14 CCR §15301) – Public Works Department
3. Adoption of a Resolution Authorizing the Execution of the 2025 Grant Agreement with the United States Department of Justice for Law Enforcement Equipment, Acceptance of Grant Funds in the Amount of $20,918, and Amending the Fiscal Year 2026-27 Budget by Appropriating Funds – Police Department
4. Adoption of a Resolution Designating the City Manager or Assistant City Manager as the Authorized Agent for the State of California Governor’s Office of Emergency Services – Fire Department
Dark Meeting Minutes 9.8
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING
CONTRACT DOCUMENTS, PLANS, AND SPECIFICATIONS, AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1537 - I-5 CORRIDOR ARTERIAL SIGNAL IMPROVEMENTS – PHASE 3 PROJECT [METRO MR310.55] TO INTERNATIONAL LINE BUILDERS, INC., AND FINDING OF CEQA EXEMPTION.
Attachments
:
SR - BS 1537
Att1 - Resolution
Att2 - Funding Agreement
Att3 - CIP Budget
Att4 - Location Map
Att5 - Bid Summary
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE 2025 GRANT AGREEMENT WITH
THE UNITED STATES DEPARTMENT OF JUSTICE FOR LAW ENFORCEMENT EQUIPMENT, AND ANY FUTURE AMENDMENTS, ACCEPTANCE OF $20,918 IN GRANT FUNDS, AND AMENDING THE FISCAL YEAR 2026-27 BUDGET BY APPROPRIATING FUNDS.
Attachments
:
SR - JAG Grant Agreement
Att1 - Resolution
Att2 - Agreement
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DESIGNATING THE
CITY MANAGER OR ASSISTANT CITY MANAGER AS THE AUTHORIZED AGENT FOR THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES.
Attachments
:
SR - Authorized Agent for Cal OES
Att1 - Resolution
Att2 - Cal OES Form 89
Att3 - Cal OES Form 130
Burbank City Council Meeting Agenda
September 15, 2026
4 5.
Adoption of a Resolution Acknowledging Receipt of the Fiscal Year 2025-26 Fire Inspection Performance Report – Fire Department
6. Authorization to Accept a Donation in the Amount of $5,000 from The Strickland Family Foundation and Amend the Fiscal Year 2026-27 Budget by Appropriating Funds Towards the Burbank Fire Department’s Health and Wellness Program – Fire Department
7. Approval of a Support Position on a Resolution to be Considered at the 2026 League of California Cities Conference Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions – City Manager's Office
N.
Reports to Council
: (Items listed under this section will have an oral report provided)
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 2025-26 FIRE INSPECTION PERFORMANCE REPORT
REGARDING REQUIRED ANNUAL INSPECTIONS IN OCCUPANCIES PURSUANT TO SECTIONS 13146.2, 13146.3, AND 13146.4 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
Attachments
:
SR - Fire Inspection Performance Report
Att1 - Resolution
Att2 - Performance Report
Recommendation
:
Accept a monetary donation in the amount of $5,000 from The Strickland Family Foundation and amend the Fiscal Year 2026-27 Budget to appropriate funds towards the Burbank Fire Department’s Health and Wellness Program.
Attachments
:
SR - Strickland Family Donation
Recommendation
:
Direct the City of Burbank’s voting delegate to vote in support of a resolution of the General Assembly of the League of California Cities calling for a working group to consider a state constitutional amendment or other form of initiative to ensure final local authority over housing and land use decisions at the 2026 League of California Cities Conference.
Attachments
:
SR - Cal Cities Resolution
Att1- Cal Cities Resolution Packet
Burbank City Council Meeting Agenda
September 15, 2026
5 1.
Update on the City of Burbank Greenhouse Gas Reduction Plan Implementation and 2024 Greenhouse Gas Inventory – Burbank Water and Power Department O.
Council Comments
: (Including reporting on Council committee assignments, attendance at conferences, regional meetings, and community events)
P.
Consideration of Previously Introduced Additional Agenda Items : (Council Members may
briefly discuss future agenda item requests)
1. Council Member Perez’s request to agendize a discussion on banning Flock and Automated License Plate Reader systems in Burbank (August 25, 2026) Q.
Introduction of Additional Agenda Items
: (Council Members may request future agenda items)
R.
Adjournment
: To Tuesday, September 29, 2026 for a Regular Meeting in the Council Chamber –
275 East Olive Avenue, Second Floor.
Recommendation
:
1 .
Provide input and/or policy direction on the findings from the Greenhouse Gas Inventory Update and the Greenhouse Gas Reduction Plan Status Report; and 2 .
Note and file.
Public Comment
: To comment in person, a
YELLOW
Public Comment Card must be
completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335).
Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
Council Action
:
Attachments
:
SR - GGRP Status Update
Att1 - 2024 GHG Inventory Update
Att2 - GGRP Status Report
Burbank City Council Meeting Agenda
September 15, 2026
6 1
CITY OF BURBANK
CITY COUNCIL MINUTES
JOINT MEETING WITH THE HOUSING AUTHORITY
AND PARKING AUTHORITY
TUESDAY, AUGUST 25, 2026
Call to Order:
A Closed Session Meeting of the City Council of the City of Burbank was held in the Council Chamber, 275 East Olive Avenue, on the above date. The meeting was called to order at 5:03 p.m. by Mayor Takahashi.
Closed Session Public Comment:
There being no response to the Mayor's invitation for Public Comment on Closed Session matters, the City Council recessed at this time to the City Hall First Floor Conference Room to hold a Closed Session on the following:
1. Conference with Legal Counsel – Existing Litigation
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Los Angeles County Metropolitan Transportation Authority v.
City of Burbank
c. Case No.: 26STCP01904
d. Brief description and nature of case: CEQA and Breach of Contract Call to Order:
A Joint Meeting of the City Council and the Housing Authority and the Parking Authority of the City of Burbank was held in the Council Chamber, 275 East Olive Avenue, on the above date. The meeting was called to order at 6:05 p.m. by Mayor Takahashi.
Moment of Reflection:
Mayor Takahashi held a Moment of Reflection to begin the meeting with positive and collective support for our beloved community.
Flag Salute:
The Pledge of Allegiance was led by Mayor Takahashi.
Roll Call:
Present: Council Member(s) Anthony, Perez, Rizzotti, Vice Mayor Mullins, and Mayor Takahashi
Absent: None
Also Present: City Attorney McDougall, City Manager Hess, and City Clerk Clark Mayor Takahashi indicated there would be four (4) periods of Public Comment at this evening's meeting and those who wish to participate in the public comment periods may join via Zoom or call in at (818) 238-3335. Members of the public may comment in person or remotely for all public comment periods.
Consent Calendar
Item #1
7 2
Announcements:
Mayor Takahashi displayed a PowerPoint presentation announcing the following: (1) Downtown Transit-Oriented Development Open Houses; (2) Clear the Shelters Pet Adoption Campaign; (3) Earthquake Multi-Unit Retrofit Program; and (4) eComment.
Council Presentations/Recognitions:
1. Presentation of a Proclamation Declaring August 26, 2026, as "Women’s Equality Day" in the City of Burbank
Mayor Takahashi presented a proclamation declaring August 26, 2026, as "Women's Equality Day" in the City of Burbank and welcomed Britt Vaughan and Janet Diel, who made remarks.
City Manager Report:
City Manager Hess indicated there were no items to report.
Reporting on Closed Session:
City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session item and City Council took no reportable action.
Joint General Public Comment:
Appearing to comment were: Eddy Polon, Mark Scroggs, Gerry Flores, Ron Bax, Diana Pulver, Mike Van Gorder, Kristen Gish, Britta Romanov, Thom Davis, John Lehman, Tobey Bays, Carole Nolls, Andrea Padilla, Louie Meza, Rachel Hobbs, Jo Pimienta, Maxine, Jorge Negrete, Valerie Taylor, Janet Diel, Gloria Salas, Cameron Tennyson, David James Henry, Dan Kleiman, Corey Mensing, JoMo, and Emily Hunter.
One (1) speaker commented remotely.
Antonio Mendez submitted a comment card but did not wish to speak.
Council, City Manager, and/or City Attorney Comment:
Council Members and Staff responded to Public Comment.
Consent Calendar:
It was moved by Council Member Anthony, seconded by Vice Mayor Mullins, to approve the Consent Calendar. For Item Nos. 1–5 and 8–10, the motion carried 5-0 with the following roll call vote: AYES: Anthony, Perez, Rizzotti, Mullins, and Takahashi. NOES:
None. For Item Nos. 6 and 7, the motion carried 4-0-1 with the following roll call vote:
AYES: Perez, Rizzotti, Mullins, and Takahashi. NOES: None. ABSTAIN: Anthony.
1. Council Minutes
Approve the City Council Minutes of the Regular Meeting of August 11, 2026, and the Dark Meeting of August 18, 2026.
2. Housing Authority Minutes
Approve the Housing Authority Minutes of the Joint Meeting of June 16, 2026. 8 3
3. Parking Authority Minutes
Approve the Parking Authority Minutes of the Joint Meeting of June 30, 2026.
4. Adoption of Resolutions Continuing Appropriations from Fiscal Year 2025-26 to Fiscal Year 2026-27 (with Housing Authority and Parking Authority)
1. RESOLUTION NO. 26-29,733
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2026-2027 BUDGET FOR THE
PURPOSE OF CONTINUING APPROPRIATIONS FROM FISCAL YEAR
2025-2026.
2. RESOLUTION NO. H-26-284
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2026-2027 BUDGET FOR
THE PURPOSE OF CONTINUING APPROPRIATIONS FROM THE
FISCAL YEAR 2025-2026.
3. RESOLUTION NO. P-26-131
Adopt A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2026-2027 BUDGET FOR
THE PURPOSE OF CONTINUING APPROPRIATIONS FROM THE
FISCAL YEAR 2025-2026.
5. Adoption of a Resolution Authorizing the Execution of a Grant Agreement with Firehouse Subs Public Safety Foundation Grant, Acceptance of Grant Funds in the Amount of $14,928.55, and Amending the Fiscal Year 2026-27 Budget by Appropriating Funds Towards the Burbank Fire Department's Wildland Program RESOLUTION NO. 26-29,734
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH
FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION, ACCEPTANCE OF
GRANT FUNDS IN THE AMOUNT OF $14,928.55, AND AMENDING THE FISCAL YEAR 2026-27 BUDGET BY APPROPRIATING FUNDS TOWARDS THE BURBANK FIRE DEPARTMENT'S WILDLAND PROGRAM.
6. Adoption of a Resolution Authorizing Acceptance of the Department of California Highway Patrol Cannabis Tax Fund Grant for $131,650 and Amending the Fiscal Year 2026-27 Budget by Appropriating Funds
RESOLUTION NO. 26-29,735
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND 9 4
GRANT PROGRAM AGREEMENT AND ANY FUTURE AMENDMENTS,
ACCEPTING $131,650 IN GRANT FUNDS, AND AMENDING THE FISCAL YEAR (FY) 2026-27 BUDGET BY APPROPRIATING FUNDS.
7. Adoption of a Resolution Enabling Property Assessed Clean Energy Financing Options for Eligible Energy Efficiency, Renewable Energy, Water Conservation, and Seismic Improvements
RESOLUTION NO. 26-29,736
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY IN THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY (CSCDA) OPEN PROPERTY ASSESSED
CLEAN ENERGY (PACE) PROGRAMS; AUTHORIZING THE CSCDA TO
ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS.
8. Approval of a Joint Powers Agreement Establishing the Southern California Regional Water Authority and Authorizing the Burbank Water and Power General Manager to Designate a Governing Board Representative
Approve the Joint Powers Agreement (Agreement) establishing the Southern California Regional Water Authority and authorizing the Burbank Water and Power (BWP) General Manager, as the City Manager's designee, to execute the Agreement and any ancillary documents necessary to implement the Agreement, including minor amendments, in a form acceptable to the City Attorney's Office and authorizing the BWP General Manager to appoint a Governing Board Representative to serve on the board of the newly formed Authority.
9. Approval of the Exchange Water Delivery Agreement between the San Diego County Water Authority and the City of Burbank
Approve the Exchange Water Delivery Agreement (Agreement) between the San Diego County Water Authority and the City of Burbank and authorize the Burbank Water and Power General Manager, as the City Manager's designee, to execute the Agreement and any other ancillary documents, including amendments, in form and substance satisfactory to the City Attorney's Office.
10.Approval of an Eighth Amendment to a Professional Services Agreement with Elizabeth Moule & Stefanos Polyzoides, Architects and Urbanists, for the Downtown Burbank Transit Oriented Development Specific Plan; and Amending the Fiscal Year 2025-26 Budget
1. Approve an Eighth Amendment to Professional Services Agreement with Elizabeth Moule & Stefanos Polyzoides, Architects and Urbanists for the 10 5
Downtown Burbank Transit Oriented Development Specific Plan.
2. Amend Fiscal Year 2025-26 Budget by appropriating $249,834.
Public Hearing:
1. Adoption of a Resolution Approving an Amendment to the Burbank Public Housing Agency Fiscal Year 2026-2027 Annual Plan and Updates to the Section 8 Administrative Plan to Implement Housing Opportunities Through Modernization Act Requirements (with Housing Authority) The Public Hearing was opened at 7:34 p.m. There were no Conflict-of-Interest disclosures. City Clerk Clark affirmed receipt of Proof of Publication; confirmed there was a complete file of exhibits and correspondence including emails and other documents, and indicated that no written correspondence was received.
Odet Ayvazyan, Housing Development Manager, presented the PowerPoint Presentation and responded to City Council inquiries. Alejandro Mendoza, Housing Assistant, also responded to Council inquiries.
Joint Public Hearing Public Comment:
Appearing to comment was: None.
Commenting remotely was: None.
The Public Hearing was closed at 7:46 p.m.
Council Action:
It was moved by Council Member Anthony, seconded by Vice Mayor Mullins, to:
RESOLUTION NO. H-26-285
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BURBANK APPROVING: 1) THE PUBLIC HOUSING AGENCY REVISED ANNUAL PLAN FOR FISCAL YEAR 2026-2027; 2) UPDATES TO THE SECTION 8 ADMINISTRATIVE PLAN TO IMPLEMENT HOUSING
OPPORTUNITIES THROUGH MODERNIZATION ACT; AND 3) AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE THE CERTIFICATIONS
REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
The motion carried 4-0-1 with the following roll call vote: AYES: Anthony, Rizzotti, Mullins, and Takahashi. NOES: None. ABSTAIN: Perez.
Reports to Council:
1. Appointment to Fill One Vacancy on the Community Development Block Grant Committee for an Unexpired Term
Kimberley Clark, City Clerk, presented the report and responded to City Council inquiries.
11 6
Public Comment:
Appearing to comment was: Eric McBride and Erick Mora.
Commenting remotely was: None.
Council Action:
It was unanimously approved 5-0 by a show of hands vote to appoint Eric McBride to the Community Development Block Grant Committee to fill an unexpired term ending July 31, 2028.
2. Overview and Evaluation of Project Labor Agreements Related to the City of Burbank's Capital Improvement Program
Damian Skinner, presented the PowerPoint Presentation and responded to City Council inquiries. Joseph McDougall, City Attorney, and Justin Hess, City Manager, also responded to Council inquiries.
Public Comment:
Appearing to comment were: Jerry Vlach, Terry Norton, Malakhi Simmons, Matthew Gaines, Chris Robins, Rene Palacios, Kyle Budrick, Matthew Duran, Diana Limon, Greg Lewis, Eddie Alvarez, Cameron Tennyson, Josh Christensen, Dustin Blankenship, Joe Sullivan, Julio Parra, Robert Skaggs, and Hovhannes Demirchyan.
Council Member Anthony left the dais at 8:23 p.m. and returned to the dais at 8:41 p.m.
Commenting remotely was: None.
Council Action:
It was moved by Council Member Perez, seconded by Council Member Anthony to direct staff to negotiate a community work force agreement with the Los Angeles/Orange County Building Trades and provide a comprehensive outline of the process and potential timeline; an option sheet or option package for thresholds, trades involved, and types of projects; and information regarding the City's resource need and potential impacts.
Vice Mayor Mullins offered a substitute motion, seconded by Council Member Rizzotti, to direct staff to return with a second step report including parameters for negotiations and information regarding other cities. The motion failed 2-3 with the following roll call vote: AYES: Rizzotti and Mullins. NOES: Anthony, Perez, and Takahashi.
Mayor Takahashi offered a friendly amendment to include the Western States Regional Council of Carpenters in the community work force agreement.
Council Member Perez accepted the friendly amendment.
12 7
It was moved by Council Member Perez, seconded by Council Member Anthony to direct staff to negotiate a community work force agreement with the Los Angeles/Orange County Building Trades and Western States Regional Council of Carpenters and provide a comprehensive outline of the process and potential timeline; an option sheet or option package for thresholds, trades involved, types of projects; and information regarding the City's resource need and potential impacts.
The motion carried 3-2 with the following roll call vote: AYES: Anthony, Perez, and Takahashi. NOES: Rizzotti and Mullins.
Council Member Anthony left the meeting at 10:34 p.m.
Council Comments:
Council Members reported out on Council committee assignments and attendance at conferences, regional meetings, and community events.
Consideration of Previously Introduced Additional Agenda Items:
1. Mayor Takahashi’s request for a letter of support from the Council for Assembly Bill 1267, which would enact a minimum age of 18 for marriage in California (August 11, 2026).
Council Action:
It was approved by Council consensus to approve a letter of support from the Council for Assembly Bill 1267, which would enact a minimum age of 18 for marriage in California.
Introduction of Additional Agenda Items:
Council Member Perez requested a first step report on banning Flock and automatic license plate reader (ALPR) systems in Burbank.
Adjournment:
There being no further business to come before the City Council, the meeting was adjourned at 10:43 p.m. to Tuesday, September 15, 2026 for a Regular Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
__________________________
Kimberley Clark
City Clerk
__________________________
Tamala Takahashi
Mayor
APPROVED DATE:
13 CITY COUNCIL REGULAR MEETING MINUTES
DARK MEETING
TUESDAY, SEPTEMBER 1, 2026
A Regular Meeting of the Council of the City of Burbank was not held on the above date.
_________________________________
Kimberley Clark
City Clerk
__________________________________
Tamala Takahashi
Mayor
APPROVED DATE:
14 CITY COUNCIL REGULAR MEETING MINUTES
DARK MEETING
TUESDAY, SEPTEMBER 8, 2026
A Regular Meeting of the Council of the City of Burbank was not held on the above date.
_________________________________
Kimberley Clark
City Clerk
__________________________________
Tamala Takahashi
Mayor
APPROVED DATE:
15 1
STAFF REPORT
DATE: September 15, 2026
TO: Justin Hess, City Manager
FROM: Damian Skinner, Public Works Director
VIA: Lifan Xu, Chief Assistant Public Works Director - City Engineer BY: Vikki Davtian, Principal Traffic Engineer
SUBJECT: Adoption of a Resolution Approving Contract Documents, Plans and Specifications, Authorizing Execution of a Contract for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project to International Line Builders, Inc., and Finding of CEQA Exemption (14 CCR §15301)
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING
CONTRACT DOCUMENTS, PLANS, AND SPECIFICATIONS, AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1537 - I- 5 CORRIDOR ARTERIAL SIGNAL IMPROVEMENTS – PHASE 3 PROJECT [METRO MR310.55] TO INTERNATIONAL LINE BUILDERS, INC., AND FINDING OF CEQA EXEMPTION (Attachment 1).
BACKGROUND
On January 23, 2020, the Los Angeles Metropolitan Transportation Authority (LACMTA) Board programmed $1,400,000 in Measure R funds for the City of Burbank to complete Plans, Specifications, and Estimates (PS&E) and construct the I-5 Corridor Arterial Signal Improvements – Phase 3 [Metro MR310.55] (Project) (Attachment 2). On July 25, 2024, the LACMTA Board increased the Project funding from $1,400,000 to $2,900,000. In June 2025, City Council (Council) continued appropriations for the Project in the Fiscal Year 2025-26 Capital Improvement Program Adopted Budget (Attachment 3).
The Project is located within the City of Burbank, with project limits on Magnolia Boulevard between Screenland Drive and Victory Boulevard, and on Victory Boulevard between PUBLIC
WORKS
Consent Calendar
Item #2
16 2
Magnolia Boulevard and Alameda Avenue (Attachment 4). The Project will upgrade traffic signals to alleviate congestion and improve traffic progression along Magnolia Boulevard and Victory Boulevard.
The Project will benefit bicyclists, pedestrians, and motorists at four signalized intersections through the following improvements:
• Installation of new traffic signal poles;
• Installation of bicycle, pedestrian, and vehicle detection to reduce user delays and improve signal efficiency;
• Installation of light-emitting diode (LED) intersection lighting to enhance pedestrian visibility;
• Installation of accessible pedestrian signal (APS) buttons to improve accessibility; • Installation of new intersection wiring and electrical cabinets to improve electrical reliability;
• Installation of traffic cameras to monitor traffic conditions in real time; and • Construction of new curb ramps to improve pedestrian mobility.
The Project achieves several of the City’s goals for transportation, including the following Burbank2035 General Plan Mobility Element Policy items:
• Policy 1.6: Use technology and intelligent transportation systems to increase street system capacity and efficiency as an alternative to street widening; • Policy 5.1: Maximize pedestrian and bicycle safety, accessibility, connectivity, and education throughout Burbank to create neighborhoods where people choose to walk or ride between nearby destinations; and
• Policy 9.2: Address the needs of people with disabilities and comply with the requirements of the Americans with Disabilities Act during the planning and implementation of transportation improvement projects.
DISCUSSION
On April 29 and May 6, 2026, the City advertised Bid Schedule No. 1537 in the Los Angeles Times. Additionally, on April 29, 2026, the City issued the bid documents on the City’s PlanetBids online platform. Bids were opened on June 3, 2026. The City received six responsive bids ranging from $1,597,169 to $1,927,707 (Attachment 5). International Line Builders, Inc. of Corona, California, submitted the lowest responsive and responsible bid in the amount of $1,597,169. International Line Builders, Inc. previously completed similar work for the City with satisfactory results.
If approved by Council, c onstruction is anticipated to begin in January 2027 and be completed in June 2027. The contractor will be responsible for coordinating with 17 3
potentially affected businesses, schools, and residents. Additionally, the contractor must provide written notice at least five working days before beginning construction in each specific area.
Project plans and specifications are available for review at the Public Works Department located at 150 N. Third Street, Burbank, California 91502 and the City Council Office located in Burbank City Hall, 275 E. Olive Avenue, Burbank, California 91502.
ENVIRONMENTAL REVIEW
Staff recommends Council find the Projec t Categorically Exempt from environmental review under California Code of Regulations, Title 14, Section 15301 (c). Section 15301 that exempts the operation, repair, maintenance, permitting, leasing, licensing, and minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, when the work involves negligible or no expansion of an existing or former use.
The Project consists of maintaining and upgrading existing traffic signal equipment for continued use within the public right -of-way and making alterations to accommodate bicycle and pedestrian uses without adding vehicle lanes. No exceptions or unique circumstances apply that would preclude the use of this exemption. The Project will involve negligible or no expansion of capacity.
FISCAL IMPACT
The City of Burbank Fiscal Year 2025-26 Capital Improvement Program identifies this project, Bid Schedule No.1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project, with a total expenditure plan of $2,900,000. The Project is 100% funded by Metro Measure R funds.
International Line Builders, Inc.’s bid is $1,597,169. Staff recommends a 15% contingency of $239,575.35, resulting in a total construction cost of $1,836,744.35. The remaining $1,063,255.65 of the Project expenditure plan is allocated for construction support services and reimbursement of City staff costs associated with project management and administration. Any unexpended Project funds remaining upon completion a nd closeout of the Project will be returned to Metro in accordance with Measure R funding requirements. Sufficient funds are available in the following project accounts:
• 370.PW22A.70002.0000.23779 (General City Capital Projects Fund, Traffic Section, Interstate 5-Arterial Phase 3)
• 107.CD33A.70002.0000.23779 (Measure R Transportation Fund, Public Improvements-Transportation, Interstate 5-Arterial Phase 3)
CONCLUSION
Staff respectfully recommends that Council adopt the attached resolution approving the 18 4
contract documents, plans, and specifications and authorizing execution of a construction contract with International Line Builders, Inc. for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Metro Measure R Funding Agreement and Attachments Attachment 3 – CIP Budget FY 2025-26
Attachment 4 – Project Location Map
Attachment 5 – Bid Summary
19 ATTACHMENT 1
1 RESOLUTION NO. _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING CONTRACT DOCUMENTS, PLANS,
AND SPECIFICATIONS, AUTHORIZING EXECUTION OF A
CONSTRUCTION CONTRACT FOR BID SCHEDULE NO.
1537 - I-5 CORRIDOR ARTERIAL SIGNAL IMPROVEMENTS
– PHASE 3 PROJECT [METRO MR310.55] TO
INTERNATIONAL LINE BUILDERS, INC., AND FINDING OF
CEQA EXEMPTION
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Under the Charter for the City of Burbank Section 1205 and Burbank Municipal Code Section 2-2-116, public works construction contracts are awarded by the City Council after a formal bidding procedure and after compliance with the California Environmental Quality Act (“CEQA”).
B. Pursuant to notice provided according to law , bids for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project [Metro MR310.55] (“Project”) have been received, publicly opened, declared, and evaluated.
C. The City Manager reports that the lowest responsive and responsible bid for the Project was received from International Line Builders Inc., that the bid is as set forth below, and recommends that the bid be accepted.
D. The Plans and Specification s for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project [Metro MR310.55] , are on file at the Public Works Department and the City Council Office. The City Council has reviewed and considered the Plans and Specifications for the Project and approves the Plans and Specifications (hereafter “Plans and Specifications”).
E. Under the California CEQA Guidelines, 14 CCR §15301 exempts activities involving the operation, repair, maintenance, permitting, leasing, licensing , and minor alteration of existing public facilities, including existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities , that involve negligible or no expansion of existing or former use . This project qualifies for this exemption because it updates existing traffic signals, streets, and similar facilities to current state codes and standards and alterations to accommodate bicycle and pedestrian uses that do not create additional automobile lanes, and additional traffic safety devices that do not change the existing use of the facilities. In addition, there are no exceptions or unique circumstances that apply that would affect the application of this exemption.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Contract Documents consisting of all the documents within Bid 20 ATTACHMENT 1
2 Schedule No. 1537, including but not limited to the Notice Inviting Bids, Instructions to Bidders, Bidder's Proposal, Bidder’s Performance and Payment Bonds, Agreement, City of Burbank Additions and Amendments to the Standard Specifications for Public Works Construction, Special Provisions, Plans and Specifications , and Appendices for Bid Schedule No. 1537 - I-5 Corridor Arterial Signal Improvements – Phase 3 Project [Metro MR310.55], all of which Contract Documents are on file in the Public Works Department and City Council Office , are approved and adopted as the Contract Documents, Bid Schedule No. 1537 with such non-substantive changes as may be approved by the City Attorney. Reference is made to these Contract Documents for further particulars.
2. The lowest responsive and responsible bidder for the Project is International Line Builders Inc. , whose address is 3955 Temescal Canyon Road, Corona , California 92883, and whose total lump sum price of $1,597,169 is set forth in the Bidder's Proposal included in the Contract Documents, on file in the Purchasing Division. This bid is accepted, and the City Manager or his designee is authorized to reject all other bids once the lowest responsive and responsible bidder has executed and forwarded all the necessary Contract Documents to the City.
3. The City Council has reviewed and considered the Plans and Specifications for the Project, Bid Schedule No. 1537, and approves the Plans and Specifications. The Public Works Director, or his designee, is authorized to approve any changes to the Plans and Specifications.
4. This Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR §15301 , which exempts activities involving the operation, repair, maintenance, permitting, leasing, licensing , and minor alteration of existing public facilities, including existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, that involve negligible or no expansion of existing or former use . Staff is authorized to file a notice of exemption (NOE) in accordance with applicable law.
5. The total construction budget for Bid Schedule No. 1537 shall be $1,836,744.35, which includes a construction cost of $1,597,169 for Bid Schedule No. 1537 and a 15% construction contingency in the amount of $239,575.35.
21 ATTACHMENT 1
3 6. The City Manager or his designee is further authorized to execute all necessary Contract Documents under Bid Schedule No. 1537 and future change orders (if any) up to the amount budgeted for the Project with such non-substantive changes as may be approved by the City Attorney and the City Clerk is authorized to attest.
PASSED and ADOPTED this ____day of September, 2026.
__________________________
Tamala Takahashi
Mayor
Attest: Approved as to Form:
Office of the City Attorney
____________________________ By: _______________________ Kimberley Clark, City Clerk Catherine Kim
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of September, 2026, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
22 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 1 Measure R Funding Agreement – Highways – General
MEASURE R FUNDING AGREEMENT
HIGHWAY PROGRAM (General)
This Funding Agreement (“FA”) is made and entered into effective as of September 1, 2024 (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Burbank ("GRANTEE") for I-5 Corridor Arterial Signal Improvements-Phase 3, LACMTA Project ID# MR310.55 and FTIP#LA9918844 (the "Project"). This Project is eligible for funding under Line 31 of the Measure R Expenditure Plan.
WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as “Measure R” and became effective on January 2, 2009.
WHEREAS, the funding set forth herein is intended to fund only Construction of the Project.
WHEREAS, the LACMTA Board, at its January 23, 2020 meeting, programmed $1,400,000 in Measure R Funds to GRANTEE for Plans, Specifications, and Estimates (PS&E) and Construction, subject to the terms and conditions contained in this FA.
WHEREAS, the LACMTA Board, at its July 22, 2021 reprogrammed the Measure R Funds to Fiscal Years (FY)2022-23 and FY2023-24 for Project Approval/Environmental Document (PAED), Plans, Specifications, and Estimates (PS&E) and Construction.
WHEREAS, the LACMTA Board, at its June 23, 2022 reprogrammed the Measure R Funds to FY2022-23 and FY2023-24 for Project Approval/Environmental Document (PAED), Plans, Specifications, and Estimates (PS&E) and Construction.
WHEREAS, the LACMTA Board, at its July 25, 2024 meeting approved the increase of the Measure R funds by $1,500,000, from $1,400,000 to $2,900,000 for Construction.
WHEREAS, the LACTMA Board, at its July 25, 2024 meeting reprogrammed the Measure R Funds to FY2024-25 and FY2025-26 for Design and Construction; and WHEREAS, the funds are currently programmed as follows: $1,000,000 in FY2024-25 and $1,900,000 in FY2025-26. The total designated amount for Design and Construction of the Project is $2,900,000.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I – Specific Terms of the FA
2. Part II – General Terms of the FA
ATTACHMENT 2 - PAGE 1
23 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 2 Measure R Funding Agreement – Highways – General
3. Attachment A – Project Funding
4. Attachment B – Measure R Expenditure Plan Guidelines
5. Attachment B-1 – Expenditure Plan Cost & Cash Flow Budget
6. Attachment C – Scope of Work
7. Attachment D – Project Reporting and Expenditure Guidelines
8. Attachment D-2 – Quarterly Progress/Expenditure Report
9. Attachment E – Federal Transportation Improvement Program (FTIP) Sheet
10. Attachment F – Bond Requirements
11. Attachment G-1 – Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-certification Policy Form
12. Attachment G-2 – Special Grant Conditions: Signal Synchronization, Intelligent Transportation Systems (ITS), And Transportation Technology Improvements
13. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.
ATTACHMENT 2 - PAGE 2
24 ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
ATTACHMENT 2 - PAGE 3
FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY i ()
Digitally signed by Fanny Pan
nm\ Yan Date: 2025.05.07 14:42:32
By: 4 97°°
for Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
GRANTEE:
City of Bu
���������������
Joseph McDougall
City Attorney
Approved as to Form
- 2° Sc-z 5i., Date: ¢/7/2t
Rev: 05.16.2023 3
Date: 05/07/2025
3/3/25 Date: _
Date: //4/25
Date:
CITY OF BURBANK
Asr,Datt 5· § . 202 5
Measure R Funding Agreement - Highways
General
25 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 4 Measure R Funding Agreement – Highways – General
PART I
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project"): I-5 Corridor Arterial Signal Improvements - Phase
3. LACMTA Project ID# MR310.55, FTIP# 9918844.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R Funds.
2.2 To the extent the Measure R Funds are available; LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $2,900,000 (the “Funds”) for the Project. LACMTA Board of Directors’ action of January 23, 2020, granted the Measure R Funds for the Project. LACMTA Board of Directors’ action of July 22, 2021 and June 23, 2022 reprogrammed the Measure R Funds. LACMTA Board of Directors’ action on July 25, 2024 approved additional Measure R Funds and reprogrammed the Funds for the Project. The funds have been reprogrammed over two Fiscal Years FY2024-25 and FY2025-26.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.
GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter’s expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.
4. Attachment A the “Project Funding” documents all sources of funds programmed for the Project as approved by LACMTA. The Project Funding includes the total programmed funds for the Project, including the Funds programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than December 31, and such update shall be submitted to LACMTA’s Executive Officer of Countywide Planning, Complete Streets & Highway in writing. If the LACMTA’s Executive Officer of Countywide Planning, Complete Streets & Highway concurs with such updated Expenditure Plan in writing, Attachment B-1 shall be replaced with the new Attachment B-1 setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B-1 as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.
ATTACHMENT 2 - PAGE 4
26 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 5 Measure R Funding Agreement – Highways – General
6. Attachment C is the “Scope of Work”. The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits, if applicable. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Work shall be delivered in accordance with the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes and can show documentation acceptable to LACMTA supporting GRANTEE’S ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure Report.
7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties.
8. Attachment D is the “Project Reporting & Expenditure Guidelines”. GRANTEE shall complete the “Quarterly Progress/Expenditure Report”. The Quarterly Progress/ Expenditure Report which are attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.
9. Attachment E, the "FTIP PROJECT SHEET (PDF)", is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section at https://programmetro.ecointeractive.com/secure2/login.asp. All projects that receive funding through Measure R must be programmed into the FTIP, which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed.
10. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the 'Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds ATTACHMENT 2 - PAGE 5
27 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 6 Measure R Funding Agreement – Highways – General
disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, the Federal subsidy payment or the tax credit, as applicable, as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such bonds tax status.
11. GRANTEE shall comply with the “Special Grant Conditions” attached as Attachment G, if any.
12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or non- material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.
13. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Eva Moir
LACMTA Project Manager
Mail Stop 99-18-2
Phone (213) 922-2961
E-mail: [email protected]
14. GRANTEE's Address:
City of Burbank
275 E Olive Ave Burbank CA, 91502
Vikki Davtian
Title: Principal Engineer-Traffic
Phone: (818)238-3915
Email: [email protected]
ATTACHMENT 2 - PAGE 6
28 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 7 Measure R Funding Agreement – Highways – General
PART II
GENERAL TERMS OF THE FA
1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing.
2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) to return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or terminate the construction contractor’s control over the Project. LACMTA’s share of these costs will be consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Progress/ Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has been pre-approved by LACMTA, all as described in Part II, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment the LACMTA pre-approved Quarterly Progress/ Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.
Submit invoice with supporting documentation to:
[email protected] (preferable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:
Re: LACMTA Project ID#MR310.55 and FA# FA9200000000MR31055 [Eva Moir; Mail Stop 99-18-2]
ATTACHMENT 2 - PAGE 7
29 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 8 Measure R Funding Agreement – Highways – General
4. USE OF FUNDS
4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the specifications for use for the transportation purposes described in the Ordinance.
4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.
4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE’s contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay “in-house” staff time. This effective use of funds provision will be verified by LACMTA through on- going Project monitoring and through any LACMTA interim and final audits.
4.5 GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.
4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.
4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with the Regional ITS Architecture. Attachment G-1, the Los Angeles County Regional ITS ATTACHMENT 2 - PAGE 8
30 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 9 Measure R Funding Agreement – Highways – General
Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.
4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.
For the parking policy, see
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must register in LACMTA’s iSupplier portal and submit an application before grant payments can be made.
The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter’s payment.
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Reports within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable ATTACHMENT 2 - PAGE 9
31 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 10 Measure R Funding Agreement – Highways – General
within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.
6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.
6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre- award audits, performance audits and final audits. LACMTA will commence a final audit within six (6) months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).
GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE’s own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE’s contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE’s Quarterly Progress/Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.
6.4 GRANTEE’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs (including overhead allocations) as they may apply to costs associated with the Project.
These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.
6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.
ATTACHMENT 2 - PAGE 10
32 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 11 Measure R Funding Agreement – Highways – General
6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’S records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.
6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.
6.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service (IRS), as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance.
6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.12 In addition to LACMTA’s other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.
7. GRANT
This is a one-time only grant of the Measure R Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
ATTACHMENT 2 - PAGE 11
33 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 12 Measure R Funding Agreement – Highways – General
8. SOURCES AND DISPOSITION OF FUNDS
8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE may request additional Measure R funds from its sub-region earmark pending support of the sub-region’s Governing Board. A particular sub-region’s Measure R funds are limited to the amount specified in the Ordinance and is still subject to approval of the LACMTA Board. Nothing in this FA shall obligate, or be construed to obligate, the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.
Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE’s own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.
8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS
ATTACHMENT 2 - PAGE 12
34 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 13 Measure R Funding Agreement – Highways – General
9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) months from completion of environmental clearance, if appropriate.
(iii) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (iv) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C (Scope of Work) of this FA; and
(v) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and
(vi) Expending the Funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY2025-26 are subject to lapse by June 30, 2028.
9.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.
10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA’s prior written consent or approval as provided herein.
11. REMEDIES
11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further ATTACHMENT 2 - PAGE 13
35 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 14 Measure R Funding Agreement – Highways – General
disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
12. COMMUNICATIONS
12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available online at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.
12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.
12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.
12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.
12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
13. OTHER TERMS AND CONDITIONS
ATTACHMENT 2 - PAGE 14
36 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 15 Measure R Funding Agreement – Highways – General
13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.
13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) breach of GRANTEE’s obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.
ATTACHMENT 2 - PAGE 15
37 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.16.2023 16 Measure R Funding Agreement – Highways – General
13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.
13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.
13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable.
13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
13.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
13.11 GRANTEE will advise LACMTA prior to any key Project staffing changes.
Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address.
13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
ATTACHMENT 2 - PAGE 16
38 FTIP #: LA9918844
SOURCES OF FUNDS Prior Years FY2020-21 FY2021-22 FY2022-23 FY20223-24 FY2024-25 FY2025-26 Total Budget
% of Budget
LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS 1,000,000$ 1,900,000$ 2,900,000$
LACMTA PROGRAMMED FUNDS BY
YEAR SUBTOTAL -$ -$ -$ -$ -$ 1,000,000$ 1,900,000$ 2,900,000$ 100% OTHER SOURCES OF FUNDING:
LOCAL: -$ 0%
STATE: -$ 0%
FEDERAL: -$ 0%
PRIVATE OR OTHER: -$ 0% OTHER FUNDING SUBTOTAL -$ -$ -$ -$ -$ -$ -$ -$ 0% TOTAL PROJECT FUNDS -$ -$ -$ -$ -$ 1,000,000$ 1,900,000$ 2,900,000$ 100%
ATTACHMENT A - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 9200000000MR310.55 Project Title: I-5 Corridor Arterial Signal Improvements - Phase 3 Project#: MR310.55
PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Hwys Gen Attachment A Project Funds ATTACHMENT 2 - PAGE 17
39 FTIP #: LA918844
Project#:MR310.55
FA# 9200000000MR31055
Rev: 11-1-14 1 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
ATTACHMENT B
MEASURE R EXPENDITURE PLAN GUIDELINES
PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Submit an Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity.
Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and below-ground subways versus any other rights-of-way or above-ground work;
o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right- of-way, surety, energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3% local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expenditure dollars;
ATTACHMENT 2 - PAGE 18
40 FTIP #: LA918844
Project#:MR310.55
FA# 9200000000MR31055
Rev: 11-1-14 2 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and;
o The expected completion by month and year of project or program completion.
Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the expenditure plan.
What AB 2321 (2008, Feuer) Says About the Expenditure Plan:
Section b (3) B
(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to te MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as "Attachment A" in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following:
(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following:
(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan.
ATTACHMENT 2 - PAGE 19
41 SOURCES OF FUNDS FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction (labor, material, inspection) $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 SUM PROG LACMTA FUNDS: $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0
PROJECT FUNDING
FY24-25 and FY25-26 $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000
SUMMARY OF ALL FUNDS
PAED $0 $0 $0 $0 $0 $0 $0 $0 $0
PS&E $0 $0 $0 $0 $0 $0 $0 $0 $0
RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $0 $0 $0 $0 $0 $0 $0 $0 $0
RW $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction (labor, material, inspection) $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 TOTAL MILESTONES $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 SUM PROG LACMTA FUNDS $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $250,000 $250,000 $250,000 $250,000 $600,000 $600,000 $600,000 $100,000 $2,900,000 ATTACHMENT B-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR310.55 Project Title: I-5 Corridor Arterial Signal Improvements - Phase 3 Project#: MR310.55
PROGRAMMED SOURCES OF FUNDS
ATTACHMENT 2 - PAGE 20
42 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
Rev: 11.1.14 1 FA Attachment C
Scope of Work
ATTACHMENT C
SCOPE OF WORK
PROJECT TITLE:
I-5 Corridor Arterial Signal Improvements - Phase 3
PROJECT LOCATION:
The Project is located within the City of Burbank in the Arroyo Verdugo Subregion.
PROJECT LIMITS:
The Project limits are on:
• Magnolia Boulevard between Screenland Drive and Victory Boulevard • Victory Boulevard between Magnolia Boulevard and Alameda Avenue
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
This Project is a traffic signal upgrade Project aimed at alleviating congestion and improving progression along Magnolia Boulevard and Victory Boulevard. These streets are within one mile of the I- 5 freeway and connect the I-5 to North Hollywood and the North Rancho neighborhood. This is an eligible highway operational improvement Project which will enhance traffic operations by upgrading traffic signals and installing traffic surveillance infrastructure along 4 existing signalized intersections. Upon completion, the Project will synchronize and dynamically operate traffic signals to reduce vehicle hours of delay and improve traffic flow, public transit efficiency, and pedestrian safety.
PROJECT BACKGROUND:
The Magnolia Boulevard and Victory Boulevard are key corridors connecting to the I-5 freeway that serve residential and commercial centers in North Hollywood and the North Rancho neighborhood.
The current Average Daily Traffic (ADT) on these corridors range from 19,000 to 26,000 vehicles a day. The City of Burbank will reconstruct these traffic signals to enable real time signal synchronization plans and monitoring of traffic.
The City has finished PS&E for the four traffic signals within the Project. The Project is ready to advertise for construction.
ATTACHMENT 2 - PAGE 21
43 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
Rev: 11.1.14 2 FA Attachment C
Scope of Work
PROJECT BUDGET:
COMPONENT AMOUNT
PA/ED $0
PS and E $0
R/W Support $0
R/W Capital $0
Construction $2,900,000
Total Budget $2,900,000
A detailed budget breakdown is provided below.
DESCRIPTION QTY UNIT ESTIMATE
Mobilization 1 LS $90,000
Temporary Traffic Control 1 LS $60,000
Environmental (Best Management Practices) 1 LS $8,000
Public Notification 1 LS $6,000
Civil Work (surveying, utility location,
concrete, AC pavement, restoration, signing
and striping) 1 LS
$400,000
Material (long lead items) 1 LS $380,000
Magnolia/Mariposa Signal Upgrade 1 LS $320,000
Magnolia/Reese Signal Upgrade 1 LS $320,000
Magnolia/Screenland Signal Upgrade 1 LS $320,000
Victory/Elmwood Signal Upgrade 1 LS $320,000
Construction Engineering and Support 1 LS $180,000
Utility Coordination and Support 1 LS $220,000
SUBTOTAL $2,624,000
CONTINGENCY $276,000
TOTAL $2,900,000
SCOPE:
The Project will reconstruct four traffic signals on Magnolia Boulevard and Victory Boulevard.
Upgrades to the traffic signal infrastructure include traffic signal poles, signal gears, signal cabinets, controllers, safety lighting, signal wiring, electrical cabinets, and ADA ramps. Cameras and vehicle detectors will be installed for real-time traffic surveillance and monitoring. The 4 traffic signals to be upgraded along the Project limits are listed below:
Intersection
ID Intersection
206 MAGNOLIA & MARIPOSA
208 MAGNOLIA & REESE
209 MAGNOLIA & SCREENLAND
ATTACHMENT 2 - PAGE 22
44 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
Rev: 11.1.14 3 FA Attachment C
Scope of Work
Intersection
ID Intersection
161 VICTORY & ELMWOOD
DESIGN:
Design is complete. Funding will not be used for Design.
CONSTRUCTION:
Grantee expects to provide construction oversight, procure a consultant for construction management, award a contract for construction, and to perform the following tasks:
A. Procure long lead items for construction use.
B. Contract with a professional engineering firm to provide Construction Management for the Project as needed. This will be accomplished through an RFP/RFQ.
C. Contract with a Contractor for construction.
Meetings expected between the Consultant and Grantee shall include, but not be limited to, Pre- Construction Meeting, progress meetings and preparation of responses to RFIs.
MILESTONES:
The implementation schedule for this Project will be as follows.
START DATE COMPLETION
DATE
Construction Solicitation (Bid/Proposal)
Develop Solicitation Package Jan-25 July-25
Solicitation Response July-25 Aug-25
Evaluations Aug-25 Sep-25
Selection Sep-25 Sep-25
Board Approval Process Oct-25 Oct-25
Contract Award Oct-25
Fully Executed Contract Nov-25
Construction
Materials Procurement Nov-24 Feb-25
Utility Research Nov-25 Dec-25
Excavation Nov-25 Dec-25
Underground Work Dec-25 Mar-26
Electrical Work Mar-26 May-26
Civil Work May-26 Jun-26
Notice Of Completion (NOC)
July-26
Project Close Out
Balancing Change Order Aug-26
Final Payment Sep-26
Release of Retention Nov-26
ATTACHMENT 2 - PAGE 23
45 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
Rev: 11.1.14 4 FA Attachment C
Scope of Work
ATTACHMENT C - Location Map
ATTACHMENT 2 - PAGE 24
FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
Rev: 11.1.14 4 FA Attachment C
Scope of Work
ATTACHMENT C - Location Map
ATTACHMENT 2 - PAGE 24
FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
ATTACHMENT 2 - PAGE 24
Project#: MR310.55
Funding Agreement#: 920000000MR310.55
ATTACHMENT C - Location Map
Winona Av e . ..}±
Vanpwen St.
Rev: 11.1.14 4
LEGEND
Signal Upgrade
FA Attachment C
Scope of Work
46 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 06.18.2020 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
1 FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment D-2) are required for all projects.
The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project-reporting requirements. In addition, GRANTEE will submit the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager’s acceptance of the draft report, at
[email protected] or by mail to Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. O. Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form.
• The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provides complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
• In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • GRANTEE is required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter.
• The draft Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year:
Quarter
Report Due Date
July –September November 30
October - December February 28
January - March May 31
April - June August 31
LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.
ATTACHMENT 2 - PAGE 25
47 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 06.18.2020 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
2 Upon completion of the Project a final report that includes project’s final evaluation must be submitted.
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
• Any expense charged to the grant must be clearly and directly related to the project. • Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope of Work (Attachment C). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. • LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
DEFINITIONS
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification.
• Excessive Cost: Any expense deemed “excessive” by LACMTA staff would be adjusted to reflect a “reasonable and customary” level. For detail definition of “reasonable cost”, please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit Organizations. • Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope of Work is considered ineligible.
ATTACHMENT 2 - PAGE 26
48 Invoice #
QUARTERLY PROGRESS / EXPENSE REPORT Invoice Date
FA#9000000031055
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information.
Balance Remaining
% of Project Budget Expended to Date
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
Retention Amount
This Quarter Expenditure
Project Quarter Expenditure
Net Invoice Amount (Less Retention)
LACMTA Measure R Grant $
Grantee To Complete
LACMTA FA MEASURE R ATTACHMENT D-2
SECTION 1: QUARTERLY EXPENSE REPORT
Total Project Budget
-$
Project-to-Date Expenditure
Funds Expended to Date (Include this
Quarter)
Rev: 05.28.21 1 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ATTACHMENT 2 - PAGE 27
49 PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year : 2020-2021 2021-2022 2022-2023
2023-2024 2024-2025 2025-2026
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
RSTI Pedestrian
TDM Goods Movement
Transit
Phone Number:
E-mail:
Job Title:
Bicycle
Name:
FA #:
LACMTA Project Manager
Project Sponsor Contact / Project
Manager
Phone Number:
Mailing Address:
City / Agency:
Department:
Highways
90000000031055
Signal Synchronization
I-5 Corridor Arterial Signal Improvements-Phase 3
SECTION 2: GENERAL INFORMATION
Contact Name:
E-mail:
Rev: 05.28.21 2 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ATTACHMENT 2 - PAGE 28
50 Start Date End Date
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
Construction
Ground Breaking Event
Design Bid & Award
Environmental Clearance
Right-of-Way Acquisition
Start Date
Construction Bid & Award
Design
FA Milestones
SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of Work
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay.
If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re-calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
2. PROJECT COMPLETION
Total Project Duration (Months)
Ribbon Cutting Event
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
Rev: 05.28.21 3 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ATTACHMENT 2 - PAGE 29
51 4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
5. ACTION ITEMS TO RESOLVE DELAY
List tasks or milestones accomplished and progress made this quarter.
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
Rev: 05.28.21 4 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ATTACHMENT 2 - PAGE 30
52 1
2 3
4 5
6 7
8 9
10 11
12 13
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
Name Title
TOTAL
TOTAL EXPENSES CHARGED TO LACMTA MEASURE R GRANT
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
ITEM
stated in this report is true and correct.
All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
Note:
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of Rev: 05.28.21 5 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ATTACHMENT 2 - PAGE 31
53 ATTACHMENT E ATTACHMENT 2 - PAGE 32
54 FTIP #: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
Rev: 05.15.19 FA Measure R Hwys Gen Attachment F
Bond Requirements
1 ATTACHMENT F
BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by the LACMTA in consultation with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations.
ATTACHMENT 2 - PAGE 33
55 ATTACHMENT G‐1
SPECIAL GRANT CONDITIONS
LOS ANGELES COUNTY REGIONAL ITS ARCHITECTURE (CONNECT-IT)
CONSISTENCY SELF-CERTIFICATION POLICY FORM
This Los Angeles County Regional ITS Architecture (CONNECT-IT) consistency self- certification form should be completed and executed for all ITS Projects or Projects with ITS elements. The form should be sent to LACMTA for any planned ITS projects or proposed funding involving Local, State or Federal funds programmed or administered through the LACMTA.
1. Project Title: I-5 Corridor Arterial Signal Improvements - Phase 3
2. Name of Sponsoring Agency: City of Burbank
3. Contact Name: Vikki Davtian, Principal Engineer-Traffic
4. Contact Phone: 818-238-3922
5. Contact Email: [email protected]
6. Project Description:
The Project will reconstruct four (4) traffic signals on Magnolia Boulevard and Victory Boulevard. Upgrades to the traffic signal infrastructure include traffic signal poles, signal gears, signal cabinets, controllers, safety lighting, new conduits, new electrical wiring, vehicle detections, surveillance cameras, sidewalk, ADA ramps, landscape restoration, and striping.
7. Identify the ITS elements being implemented and the relevant CONNECT-IT Service Package(s), see Exhibit A.
TM02, TM03 Traffic Signal Control
8. Outline of the concept of operations for the project.
This Project is a traffic signal upgrade Project aimed at alleviating congestion and improving progression along Magnolia Boulevard and Victory Boulevard. Project which will enhance traffic operations by upgrading traffic signals and installing traffic surveillance infrastructure along 4 existing signalized intersections. Cameras and vehicle detectors will be installed for real-time traffic surveillance and monitoring. Upon completion, the Project will synchronize and dynamically operate traffic signals to reduce vehicle hours of delay and improve traffic flow, public transit efficiency, and pedestrian safety.
9. Identify participating agencies roles and responsibilities.
City of Burbank (Grantee) expects to provide construction oversight, procure a consultant for construction management, award a contract for construction, and to perform the following tasks:
ATTACHMENT 2 - PAGE 34
56 a. Procure long lead items for construction use.
b. Contract with a professional engineering firm to provide Construction Management for the Project as needed. This will be accomplished through an RFP/RFQ.
c. Contract with a Contractor for construction.
d. Pre-Construction Meeting, progress meetings and preparation of responses to RFIs.
By signing and self-certifying this form, the agency commits itself to follow the ITS requirements listed below during project design and implementation. Please be advised that your project may be subject to further review and documentation by Metro and the CONNECT-IT Maintenance Team during project design and implementation phases:
• Perform a lifecycle analysis for the ITS project elements and incorporate these costs into the Operations and Maintenance plan as part of the system engineering process, • Maintain and operate the system according to the recommendations of the operations and Maintenance plan upon project completion,
• Use the systems engineering process and document the system engineering steps, and • Use the CONNECT-IT interface standards, if required, and conform to the regional configuration management process.
Signature:
_______________________________________________________ _____________________ Agency Representative Date
Vikki Davtian, Principal Traffic Engineer
5/28/25
ATTACHMENT 2 - PAGE 35
57 Exhibit A
Architecture Reference for CONNECT-IT Service Packages
The table below is the architecture reference for the CONNECT-IT service packages. For additional information on the service packages below, to view interconnect diagrams for each service package or to suggest updates to CONNECT-IT, visit www.laconnect-it.com.
Service Package Area Short Name Name
Commercial Vehicle
Operations
CVO01 Carrier Operations and Fleet Management
CVO02 Freight Administration
CVO03 Electronic Clearance
CVO04 CV Administrative Processes
CVO05 International Border Electronic Clearance
CVO06 Freight Signal Priority
CVO07 Roadside CVO Safety
CVO08 Smart Roadside and Virtual WIM
CVO09 Freight-Specific Dynamic Travel Planning
CVO11 Freight Drayage Optimization
CVO12 HAZMAT Management
CVO14 CV Driver Security Authentication
CVO15 Fleet and Freight Security
Data Management DM01 ITS Data Warehouse
DM02 Performance Monitoring
Maintenance and
Construction
MC01 Maintenance and Construction Vehicle and Equipment Tracking
MC02 Maintenance and Construction Vehicle Maintenance
MC05 Roadway Maintenance and Construction
MC06 Work Zone Management
MC07 Work Zone Safety Monitoring
MC08 Maintenance and Construction Activity Coordination Parking Management PM01 Parking Space Management
PM02 Smart Park and Ride System
PM03 Parking Electronic Payment
PM04 Regional Parking Management
PM05 Loading Zone Management
Public Safety PS01 Emergency Call-Taking and Dispatch
PS02 Routing Support for Emergency Responders
PS03 Emergency Vehicle Preemption
PS04 Mayday Notification
PS05 Vehicle Emergency Response
PS06 Incident Scene Pre-Arrival Staging Guidance for Emergency Responders
PS07 Incident Scene Safety Monitoring
ATTACHMENT 2 - PAGE 36
58 Service Package Area Short Name Name
PS08 Roadway Service Patrols
PS10 Wide-Area Alert
PS11 Early Warning System
PS12 Disaster Response and Recovery
PS13 Evacuation and Reentry Management
PS14 Disaster Traveler Information
Public Transportation PT01 Transit Vehicle Tracking
PT02 Transit Fixed-Route Operations
PT03 Dynamic Transit Operations
PT04 Transit Fare Collection Management
PT05 Transit Security
PT06 Transit Fleet Management
PT07 Transit Passenger Counting
PT08 Transit Traveler Information
PT09 Transit Signal Priority
PT10 Intermittent Bus Lanes
PT11 Transit Pedestrian Indication
PT14 Multi-modal Coordination
PT16 Route ID for the Visually Impaired
PT17 Transit Connection Protection
PT18 Integrated Multi-Modal Electronic Payment
Support SU01 Connected Vehicle System Monitoring and Management SU02 Core Authorization
SU03 Data Distribution
SU04 Map Management
SU05 Location and Time
SU06 Object Registration and Discovery
SU07 Privacy Protection
SU08 Security and Credentials Management
SU09 Center Maintenance
SU10 Field Equipment Maintenance
SU11 Vehicle Maintenance
SU12 Traveler Device Maintenance
Sustainable Travel ST01 Emissions Monitoring
ST02 Eco-Traffic Signal Timing
ST03 Eco-Traffic Metering
ST04 Roadside Lighting
ST05 Electric Charging Stations Management
ST06 HOV/HOT Lane Management
ST08 Eco-Approach and Departure at Signalized Intersections ST09 Connected Eco-Driving
Traffic Management TM01 Infrastructure-Based Traffic Surveillance ATTACHMENT 2 - PAGE 37
59 Service Package Area Short Name Name
TM02 Vehicle-Based Traffic Surveillance
TM03 Traffic Signal Control
TM04 Connected Vehicle Traffic Signal System
TM05 Traffic Metering
TM06 Traffic Information Dissemination
TM07 Regional Traffic Management
TM08 Traffic Incident Management System
TM09 Integrated Decision Support and Demand Management
TM10 Electronic Toll Collection
TM11 Road Use Charging
TM12 Dynamic Roadway Warning
TM13 Standard Railroad Grade Crossing
TM14 Advanced Railroad Grade Crossing
TM15 Railroad Operations Coordination
TM16 Reversible Lane Management
TM17 Speed Warning and Enforcement
TM19 Roadway Closure Management
TM20 Variable Speed Limits
TM21 Speed Harmonization
TM22 Dynamic Lane Management and Shoulder Use
Traveler Information TI01 Broadcast Traveler Information TI02 Personalized Traveler Information
TI03 Dynamic Route Guidance
TI04 Infrastructure-Provided Trip Planning and Route Guidance TI05 Travel Services Information and Reservation
TI06 Dynamic Ridesharing and Shared Use Transportation
TI07 In-Vehicle Signage
Vehicle Safety VS01 Autonomous Vehicle Safety Systems
VS02 V2V Basic Safety
VS03 V2V Situational Awareness
VS04 V2V Special Vehicle Alert
VS05 Curve Speed Warning
VS08 Queue Warning
VS09 Reduced Speed Zone Warning / Lane Closure
VS10 Restricted Lane Warnings
VS11 Oversize Vehicle Warning
VS12 Pedestrian and Cyclist Safety
VS13 Intersection Safety Warning and Collision Avoidance VS14 Cooperative Adaptive Cruise Control
VS15 Infrastructure Enhanced Cooperative Adaptive Cruise Control VS16 Automated Vehicle Operations
VS17 Traffic Code Dissemination
ATTACHMENT 2 - PAGE 38
60 Service Package Area Short Name Name
Note: CONNECT-IT service packages may differ from service packages identified in the National ITS Reference Architecture (ARC-IT). For any service packages not represented in CONNECT-IT, refer to ARC-IT by accessing www.arc-it.net. Contact the administrator at [email protected] for questions regarding CONNECT-IT.
ATTACHMENT 2 - PAGE 39
61 Rev: 01.23.24 1 FA Measure R Hwys Gen Attachment G-2 Special Grant Conditions
FTIP#: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
ATTACHMENT G-2
SPECIAL GRANT CONDITIONS
SIGNAL SYNCHRONIZATION, INTELLIGENT TRANSPORTATION SYSTEMS (ITS),
AND TRANSPORTATION TECHNOLOGY IMPROVEMENTS
1. Grantee is required to attend the LACMTA Arterial ITS Committee Meetings quarterly.
Grantee shall coordinate through the Arterial ITS Committee, the Coalition for Transportation Technology and/or other appropriate and recognized forums to ensure consistency with local, subregional and regional ITS plans. Grantee shall provide the opportunity to LACMTA staff and other affected agencies to review, comment and participate on all aspects of the Project implementation to achieve multi-jurisdictional consensus, including, but not limited to, scope of work, consultant selection, PS&E, system design, bid documents and Project deliverables.
2. Grantee shall coordinate with LA County Public Works when applicable and shall not advertise the Project for bid to begin construction before all affected agencies have fully executed an agreement regarding the maintenance and operation of traffic signal synchronization system(s) along multi-jurisdictional corridor(s). Grantee shall deliver or email a copy of the fully executed agreement to LACMTA within seven (7) days from the date of full execution.
3. Grantee shall commit and/or secure non-LACMTA funds to maintain and operate the Project improvements. Operations and maintenance plans shall be developed for all ITS projects. For multi‐jurisdictional projects, multi‐agency agreements shall be executed committing to the long‐term operations and maintenance of shared project elements.
4. Grantee’s Project shall not make major equipment or timing-plan changes on other Metro funded projects, within the first two years of Grantee’s Project implementation/system operation without LACMTA or lead agency prior written approval.
5. For all central traffic control system projects, Grantee shall coordinate the system design through LACMTA staff to allow communication with the Regional Integration of ITS (RIITS) to facilitate multi‐jurisdictional traffic management and data sharing.
6. Grantee shall ensure Countywide Signal Priority (CSP) capabilities are maintained when Grantee’s Project is in an existing and planned CSP corridor.
7. Grantee shall ensure Integrated Corridor Management (ICM) capabilities are maintained when Grantee’s Project is in an existing and planned corridor.
8. Grantee shall make available all data from the Project, including, without limitation, improvements and inventory data, to LACMTA upon request.
Grantee shall:
a. provide real-time traffic data from the Project, if available, to the Regional Integration of ITS (RIITS)
ATTACHMENT 2 - PAGE 40
62 Rev: 01.23.24 2 FA Measure R Hwys Gen Attachment G-2 Special Grant Conditions
FTIP#: LA9918844
Subregion ID: Arroyo Verdugo
Project#: MR310.55
FA# 9200000000MR31055
b. allow for archiving through the Regional Integration of ITS (RIITS) Network or any regional ITS software to support regional transportation planning and operations
c. populate ITS Field Inventory Resource Sharing Tool (ITS FIRST) with data upon completion of project
9. Grantee shall ensure that the project uses a generally accepted system engineering approach to maintain the integrity and quality of completed projects.
10. Grantee’s project shall adhere to existing Metro guidelines for specific subprograms as applicable.
The obligations set forth in this section shall survive the expiration or termination of this Agreement.
ATTACHMENT 2 - PAGE 41
63 FY 2025-26 City of Burbank CIP
Traffic, Transportation, and Pedestrian Access
Expenditure Plan
Funding Source Prior Years FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 Years 6-11 Totals Measure R Highway
Operations 700,000 1,500,000 - - - - - 2,200,000
Measure R Local Return 700,000 - - - - - - 700,000
Totals $1,400,000 $1,500,000 - - - - - $2,900,000
Project Description
This project will reconstruct four of the eight traffic signals that were designed in FY 2023-24 as a part of the Alameda Signal Sync Project. The four signals to be reconstructed are: Victory Boulevard/Elmwood Avenue, Magnolia Boulevard/Reese Place, Magnolia Boulevard/Mariposa Street, and Magnolia Boulevard/Screenland Drive. The project is 100 percent funded by Metro Measure R Highway funds.
Project Status
The design is complete as part of the MR310.55 Alameda Signal Sync Project. Traffic signal equipment procurement (for signal poles, controllers, cabinets, etc.) began in December 2024. Construction is scheduled to begin in November 2025 and be completed by June 2026. In July 2024, the Los Angeles Metro approved a project funding increase from $1.4 million to $2.9 million. The project cost for traffic signal improvements increased from $1.4 million to $2.9 million due to inflation that impacted material and labor costs. In addition, workforce shortages and high contractor demand have caused bids to increase.
Prioritization Score N/A Estimated Annual O&M
Impact/(Savings) -
Project Name: Interstate-5 Arterial Phase 3
Managing Department: Public Works
Project Number: 23779
Project Status: Ongoing
Estimated Completion Date: June 2026
Funding Source: 370.PW22A.70002.0000.23779.00000
107.CD33A.70002.0000.23779.00000
ATTACHMENT 3
64 ATTACHMENT 4
Project Location Map
ATTACHMENT 4
Project Location Map
ATTACHMENT 4
Project Location Map
Winona Ave. I4II11ILI32J
Vanpwen St.
LEGEND
Slgnal Upgrade
65 ATTACHMENT 5
BID SUMMARY
BID SCHEDULE NO. 1537
I-5 CORRIDOR ARTERIAL SIGNAL IMPROVEMENTS – PHASE 3
[METRO MR310.55]
Bid Schedule No. 1537 advertised in the Los Angeles Times on April 29 & May 6, 2026.
Fifty-Nine (59) copies of the bid were downloaded, of which Eighteen (18) identified themselves as Prime Contractors and Nine (9) were received at the bid opening. There were no responses from the following Prime Contractors:
• All American Asphalt
• Allied Solutions
• Calpromax Engineering
• Comet Electric, Inc.
• Construction Software Technologies
• Hart Design Build Inc.
• Macadee Electrical
• PTM General Engineering Services, Inc.
• Taft Electric Company
Bid opening was held on June 3, 2026. The six (6) bids that were received at bid opening are listed in the table below.
BIDDER
TOTAL LUMP SUM BID
International Line Builders, Inc. $1,597,169.00
Alfaro Communications Construction, Inc. $1,701,430.63 Crosstown Electrical & Data, Inc. $1,769,857.00
Elecnor Belco Electric, Inc. $1,817,818.00
California Professional Engineering, Inc. $1,838,322.50 Select Electric, Inc. $1,927,707.00
Baker Electric & Renewables LLC NON-RESPONSIVE
Ferreira Construction co., Inc. dba Ferreira Coastal
Construction NON-RESPONSIVE
DBX, Inc. NON-RESPONSIVE
66 1
STAFF REPORT
DAT
E: September 15, 2026
T
O: Justin Hess, City Manager
F
ROM: Rafael Quintero, Chief of Police
VIA: Viviana Garzon, Police Administrator
BY: Nazeli Ekimyan, Administrative Analyst II
S
UBJECT: Adoption of a Resolution Authorizing the Execution of the 202 5 Grant Agreement with the United States Department of Justice for Law Enforcement Equipment , Acceptance of Grant Funds in the A mount of $20,918, and Amending the Fiscal Year 202 6-27 Budget by Appropriating Funds
RE
COMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE 202 5 GRANT
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR LAW
ENFORCEMENT EQUIPMENT, AND ANY FUTURE AMENDMENTS, ACCEPTANCE OF $20,918 IN GRANT FUNDS , AND AMENDING THE FISCAL YEAR 202 6-27 BUDGET BY APPROPRIATING FUNDS.
BACKG
ROUND
The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) provides grants, training, technical assistance, and other resources to enhance the nation’s ability to prevent and reduce crime, support victims, and improve processes within the criminal justice system. The BJA Edward Byrne Memorial Justice Assistance Grant (JAG) program serves as the primary source of federal criminal justice funding for state and local jurisdictions. JAG funds support various components of the criminal justice system, including multi-jurisdictional drug and gang task forces , crime prevention and domestic violence programs, courts , corrections, treatment, and justice information - sharing initiatives. JAG-funded projects focus on improving the effectiveness and efficiency of criminal justice systems, processes, and procedures.
POLICE
DEPARTMENT
Consent Calendar
Item #3
67 2
DISCUSSION
The Police Department (Department) has been awarded $20,918 in grant funding to be used exclusively for the purchase and deployment of thirty -five (35) replacement anti- ballistic helmets and associated accessories to ensure that officers are prepared for potential threats as they participate in tactical operations and respond to dangerous calls for service.
Sworn officers within the Department are assigned anti-ballistic helmets, which are critical personal protective equipment used during high-risk incidents, tactical operations, active threat responses, warrant service, civil disturbances, and other dangerous calls for service. Head injuries caused by ballistic threats, fragmentation, or blunt force trauma can be catastrophic or fatal. Proper protective headgear is essential to reducing these risks.
The helmets currently being used by officers must be replaced before they exceed their recommended service life.
Replacing these helmets will improve officer safety, readiness, and operational effectiveness, while ensuring personnel have reliable ballistic head protection consistent with modern law enforcement needs. The new helmets will meet recognized safety standards and provide reliable protection against handgun rounds, shrapnel, and impact hazards. They will also include modern retention systems, adjustable suspension components, and are compatible with communications eq uipment, hearing protection, and mounted accessories such as lights and face shields.
ENVIRONMENTAL REVIEW
Approval to accept this grant has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
This is a reimbursement grant with no requirement for matching funds. Staff is requesting Council authority to accept $20,918 in United States Department of Justice 2025 JAG funding and amend the Fiscal Year (FY) 2026 -27 Adopted Budget to appropriate the funds as follows:
• $20,918 from revenue account number 121.PD000.48010.1037.25403 (General City Grants, Police Department General, Other Intergovernmental Revenues, DOJ Block Grant, JAG 202 5) to expenditure account 121.PD91B.62300.0000.25403 (General City Grants, Police Department Grants – DOJ, Special Departmental Supplies, JAG 2025).
68 3
Funds will initially be drawn from account 121.ND000.30011.0000.00000 (General City Grant Fund, Non-Departmental, Assigned Fund Balance) until reimbursed.
CONCLUSION
The acceptance of the JAG grant will enhance officer safety during dangerous calls for service and ensure that their assigned anti -ballistic helmets meet current safety and comfort standards. This investment provides substantial value to the Burbank community by ensuring that officers are fully prepared and protected as they, in turn, protect the residents of the City during hi gh-risk situations. Approval of this resolution will allow the Department to allocate resources strategically by investing in personnel protection and community safety.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – 2025 Justice Assistance Grant Agreement
69 ATTACHMENT 1
Attachment 1
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE 2025 GRANT AGREEMENT
WITH THE UNITED STATES DEPARTMENT OF JUSTICE
FOR LAW ENFORCEMENT EQUIPMENT, AND ANY
FUTURE AMENDMENTS, ACCEPTANCE OF $ 20,918 IN
GRANT FUNDS, AND AMENDING THE FISCAL YEAR 2026-
27 BUDGET BY APPROPRIATING FUNDS
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The Burbank Police Department has been notified that its grant application through the Department of Justice, Bureau of Justice Assistance - Justice Assistance Grant (JAG) Program was approved in the amount of $20,918.
B. Grant funds will be used for the purchase and deployment of thirty-five (35) replacement anti-ballistic helmets and associated accessories to ensure that officers are prepared for potential threats as they participate in tactical operations and respond to dangerous calls for service.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. City Council hereby approves the execution of the 202 5 JAG Grant Agreement between the Department of Justice, Bureau of Justice Assistance, and the City of Burbank.
2. The City Manager, or designee, is hereby authorized to execute the 202 5 JAG Grant agreement between the Department of Justice, Bureau of Justice Assistance and the City of Burbank.
3. The City accepts the 2025 JAG grant in the amount of $20,918. This grant is retroactive, allowing the Department to reimburse expenses incurred for approved equipment.
4. The City’s Fiscal Year 2026-27 Annual Budget is amended by appropriating $20,918 from revenue account number 121.PD000.48010.1037.25403 (General City Grants, Police Department General, Other Intergovernmental Revenues, DOJ Block Grant, JAG 202 5) to expenditure account 121.PD91B.62300.0000.25403 (General City Grants, Police Department Grants – DOJ, Special Departmental Supplies, JAG 2025).
5. The Financial Services Director , or designee, is authorized to make such revisions, changes in summaries, fund amounts, totals, and other portions of the budget document as necessary to reflect and implement the appropriations specified in this resolution.
70 ATTACHMENT 1 Page 2
6. The City Manager , or designee, is authorized to execute all necessary documents and other matters relating to this grant.
PASSED and ADOPTED this ____ day of September, 2026.
___________________________
Tamala Takahashi
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: ________________________ Kimberley Clark, City Clerk Jina Oh
Chief Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the ___ day of September, 2026, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
71 Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF BURBANK
200 N 3RD ST
City, State and Zip: BURBANK, CA 91502
Recipient UEI: M6MJVWJ4RF89
Project Title: Anti-Ballistics Helmets for
Police Officers. Award Number: 15PBJA-25-GG-03008-JAGX Solicitation Title: BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Formula Federal Award Amount: $20,918.00 Federal Award Date: 7/31/26 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Award Type:
Initial
Funding Instrument Type: Grant
Opportunity Category: M
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/24 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/24 Budget Period End Date: 9/30/27 Project Description:
The Burbank Police Department respectfully is requesting $20,918 in funding through the Bureau of Justice Assistance (BJA) to replace aging and outdated anti-ballistic helmets currently assigned to sworn officers. These helmets are critical personal protective equipment used during high-risk incidents, tactical operations, active threat responses, warrant service, civil disturbances, and other dangerous calls for service.
Several currently issued helmets have exceeded recommended service life, show signs of wear, or no longer meet current safety and comfort standards. Replacement of these helmets will improve officer safety, readiness, and operational effectiveness while ensuring personnel have reliable ballistic head protection consistent with modern law enforcement needs.
Funding will be used exclusively for the purchase and deployment of replacement anti-ballistic helmets and associated fitment accessories.
Award Letter
July 31, 2026
Dear Viviana Garzon,
On behalf of the Attorney General, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved Page: 1 of 25
ATTACHMENT 2
72 the application submitted by CITY OF BURBANK for an award under the funding opportunity entitled 2025 BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Formula. The approved award amount is $20,918.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen A. Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints.
In addition, OCR conducts compliance reviews of DOJ
recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees Page: 2 of 25
ATTACHMENT 2
73 or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
All BJA awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and other related federal laws (including the National Historic Preservation Act), if applicable. Award recipients (and subrecipients, as applicable) must support BJA’s compliance with NEPA by providing details about their project, its location, and any resources that might be affected. BJA complies with NEPA (and other related federal laws) for an award-funded activity by evaluating the environmental impacts of the activity in one of three levels of analysis: a Categorical Exclusion (CATEX), an Environmental Assessment (EA), or an Environmental Impact Statement (EIS). See https:// bja.ojp.gov/funding/nepa-guidance for additional information regarding NEPA implementation.
Carefully review the conditions on this award for information about any requirements specific to NEPA compliance for this award.
After completion of any required environmental analysis, throughout the term of this award the recipient must inform BJA of (1) any change(s) that it is considering making to the previously assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation. The recipient may not implement a proposed change or new activity until BJA, with the assistance of the recipient, has determined whether the proposed change or new activity (or changed circumstances) will require additional review under NEPA. Approval for implementation will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an approved environmental impact review process.
Questions about NEPA compliance may be directed to your grant manager.
NEPA Coordinator
First Name
Chris
Middle Name
no value
Last Name
Casto
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
UEI
M6MJVWJ4RF89
Street 1
200 N 3RD ST Street 2
City
BURBANK
State/U.S. Territory
California
Page: 3 of 25
ATTACHMENT 2
74 Zip/Postal Code
91502
Country
United States
County/Parish Province
Award Details
Federal Award Date
7/31/26
Award Type
Initial
Award Number
15PBJA-25-GG-03008-JAGX
Supplement Number
00 Federal Award Amount
$20,918.00
Funding Instrument Type
Grant
Assistance Listing
Number Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2025 BJA FY25 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program – Local Formula
Application Number
GRANT14618906
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Erin Feeley
Phone Number
202-598-6508
E-mail Address
[email protected]
Project Title
Anti-Ballistics Helmets for Police Officers.
Performance Period Start
Date
10/01/2024
Performance Period End Date
09/30/2027
Page: 4 of 25
ATTACHMENT 2
75 Budget Period Start Date
10/01/2024
Budget Period End Date
09/30/2027
Project Description
The Burbank Police Department respectfully is requesting $20,918 in funding through the Bureau of Justice Assistance (BJA) to replace aging and outdated anti-ballistic helmets currently assigned to sworn officers. These helmets are critical personal protective equipment used during high-risk incidents, tactical operations, active threat responses, warrant service, civil disturbances, and other dangerous calls for service.
Several currently issued helmets have exceeded recommended service life, show signs of wear, or no longer meet current safety and comfort standards. Replacement of these helmets will improve officer safety, readiness, and operational effectiveness while ensuring personnel have reliable ballistic head protection consistent with modern law enforcement needs.
Funding will be used exclusively for the purchase and deployment of replacement anti-ballistic helmets and associated fitment accessories.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Condition 1
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2025) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Page: 5 of 25
ATTACHMENT 2
76 Department of Justice to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment to the U.S. Constitution and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice or in outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates in a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, see “Nondiscrimination provisions and the Religious Freedom Restoration Act,” accessible at https://www.ojp.gov/funding/explore/legaloverview2025/ civilrightsrequirements.
Condition 3
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Condition 4
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP website at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Condition 5
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold, as set forth in the Federal Acquisition Regulations (FAR). See the definition of simplified acquisition threshold in the FAR at 48 CFR part 2, subpart 2.1. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
Page: 6 of 25
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77 The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP website at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed Simplified Acquisition Threshold)), and are incorporated by reference here.
Condition 6
Federal Civil Rights and Nondiscrimination Laws (certification) The recipient agrees that its compliance with all applicable Federal civil rights and nondiscrimination laws is material to the government's decision to make this award and any payment thereunder, including for purposes of the False Claims Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any applicable Federal civil rights or nondiscrimination laws.
Condition 7
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that a legal notice regarding award requirements is necessary or that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such notice or exception regarding enforcement, including any such notice or exception made during the period of performance, is (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
Condition 8
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, Page: 7 of 25
ATTACHMENT 2
78 investigations, or reviews of DOJ awards.
Condition 9
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), including, without limitation, the provisions regarding termination in 2 C.F.R. 200.340, apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Condition 10
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Fraud Detection Office, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Condition 11
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Condition 12
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
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79 Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Condition 13
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Condition 14
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Condition 15
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f), which contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 16
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Condition 17
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Condition 18
Employment eligibility verification for hiring under the award Page: 9 of 25
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80 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E- Page: 10 of 25
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81 [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 19
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Condition 20
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 21
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds Page: 11 of 25
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82 (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Condition 22
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Condition 23
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
Condition 24
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Condition 25
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 Page: 12 of 25
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83 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 26
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.
Condition 27
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
Condition 28
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any Page: 13 of 25
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84 subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 30
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 31
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
Condition 32
Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.
Condition 33
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are set forth in 2 C.F.R. part 170, Appendix A (“Award Term”) and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Note: In early March 2025, the reporting system that had been used for subaward reporting, the FFATA (Federal Funding Accountability and Transparency Act) Subaward Reporting System (FSRS) was retired and functionality moved to SAM.gov. For more information, including steps on how to connect your FSRS account to SAM.gov, visit https://sam.gov/fsrs.
Condition 34
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
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85 Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
Condition 35
Any publication (e.g., curricula, training materials, publications, reports, videos, or any other written, web-based, or audio-visual, or other materials) funded in whole or in part under this award, (with the exception of press releases, websites, and mobile applications), shall contain the following statement: “This project was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." Any website or mobile application that is funded in whole or in part under this award must include the following statement where most practicable: "This website [or application] was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S.
Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website [or application] (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible. The statement may also be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
Upon specific request by BJA, the recipient must submit to BJA for review and approval (or, for recipients or subrecipients that are institutions of higher education, review and comment) any publication or product developed under this award at least 30 working days prior to the targeted dissemination date.
The current edition of the DOJ Grants Financial Guide provides additional guidance on allowable printing and publication activities.
Condition 36
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23 for any applicable project.
Condition 37
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
Condition 38
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
Condition 39
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
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86 Condition 40
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://bja.ojp.gov/program/it/gsp- grant-condition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
Condition 41
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems that involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
Condition 42
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
Condition 43
Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to determine if any of the following activities will be funded by the grant prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA, and follow instructions regarding NEPA compliance.
The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or Page: 16 of 25
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87 education environments;
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories; and f. Any extraordinary or unusual project with potential to have a significant environmental impact.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
Condition 44
The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by accredited government-owned laboratories, or (2) through an accredited fee-for-service vendor. The accreditation must be by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement. Any laboratory conducting STR, Y-STR, or mitochondrial DNA testing undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the Federal Bureau of Investigation.
If award funds are used for DNA testing of evidentiary materials, recipients shall ensure that any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS, and, where applicable, uploaded to the National DNA Index System (NDIS). Award funds may be used for forensic genetic genealogy in accordance with United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and program requirements.
With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
The recipient shall ensure that each DNA analysis conducted and each DNA profile generated under this award, and each stored DNA sample that results from this award, are maintained in accordance with any applicable federal privacy requirements and restrictions on disclosure.
Condition 45
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.
Condition 46
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(11)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
Condition 47
As of the first day of the period of performance for the award, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from expending or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- Page: 17 of 25
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88 risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
Condition 48
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
Condition 49
Compliance with trauma kit standards
If the recipient uses funds under this award to purchase trauma kits or trauma kit components, the recipient must ensure that the trauma kits purchased meet the performance standards established consistent with 34 U.S.C. § 10202(d), as such standards are in effect at the time of purchase.
Condition 50
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG, the initial period of performance of the award will be less than four years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total period of performance of four years, pursuant to 34 U.S.C. 10152(f) and in accordance with the Notice of Funding Opportunity (NOFO) associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of OJP.
Condition 51
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield.
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
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89 2. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consistent with federal law as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.
5. Rules of construction.
A. For purposes of this condition—
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));
(2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, agency, or official, through any means, including, without limitation—
(a) through any database,
(b) in connection with any law enforcement partnership or task-force, (c) in connection with any request for law enforcement assistance or -cooperation, or (d) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity;
(3) the term "law-enforcement-sensitive information" means records or information compiled for any law-enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one— (a) within the recipient, or
(b) to any subrecipient (at any tier) that is a government entity.
B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.
C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.
Condition 52
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:
information-communication restrictions
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).
1. Throughout the entire award period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to or from DHS; or
(2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding immigration status to, from, or with DHS, or from maintaining such information.
Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award.
2. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local government entity, agency, or official may implement an “information-communication restriction.”
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government incurs to implement this condition.
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90 5. Rules of Construction.
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe.
(2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (4) “DHS” means the U.S. Department of Homeland Security.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.
Condition 53
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward at any tier.
1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time.
Consonant with federal law enforcement statutes—including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens")—no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide (as early as practicable (see para. 5.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may interfere with the "removal" process by failing to provide (as early as practicable (see para. 4.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.
5. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released.
B. Applicability.
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose—to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of Page: 20 of 25
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91 any federal law, or of any judicial ruling, governing or applicable to the award.
D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.
Condition 54
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere with statutory law enforcement access to correctional facilities.
Consonant with federal law enforcement statutes and regulations—including 8 U.S.C. 1357(a) (under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the United States), and 8 C.F.R. 287.5(a) (under which that power may be exercised "anywhere in or outside” the United States)—no State or local government entity, agency, or official within the funded program or activity may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."
2. Noninterference with statutory law enforcement access to correctional facilities within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.
5. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 C.F.R. 31.304(f) (as in effect on Jan. 1, 2026.) (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 U.S.C. 1227(a)(2), or
(b) conduct described in 8 U.S.C. 1227(a)(4).
(4) The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7)) as of Jan. 1, 2026. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that—
(a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe.
(8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.
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92 Condition 55
The recipient understands and agrees that no award funds may be used for any expenses related to public awareness campaigns for an extreme risk protection program.
Condition 56
Extreme risk protection order (ERPO) programs funded under this award must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.
Condition 57
No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any C- UAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any C-UAS purchased with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section. The certification also requires that the award recipient consult qualified legal counsel to review the proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant authorities as required. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the C- UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.
Condition 58
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Funds proposed for the purchase of prohibited items may be withheld, pending confirmation of compliance with the terms of this award.
Condition 59
No funds may be used for UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only UAS verified by the Defense Contract Monitoring Agency's “Blue UAS Cleared List” or any successor list (available at https:/ /bluelist.appsplatformportals.us/) as not manufactured by a “covered foreign entity” may be purchased or operated Page: 22 of 25
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93 under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS funded by the award. The purchased UAS may not be used to process, store, or transmit Federal information. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.
Condition 60
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras (BWCs) or related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs or related expenses. Funds proposed for the purchase of BWCs or related expenses may be withheld, pending confirmation of compliance with the terms of this award.
Condition 61
Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If the recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Funds proposed for the purchase of body armor may be withheld, pending confirmation of compliance with the terms of this award.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and- technology/body-armor
Condition 62
Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification (ACM) has been issued to remove this condition.
Condition 63
The recipient agrees to promptly provide, upon request, financial or programmatic-related documentation related to this award, including documentation of expenditures and achievements. The recipient understands that it will be subject to additional financial and programmatic in-depth or on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. The recipient agrees to develop or maintain effective internal controls to manage federal awards (see 2 C.F.R. 200.303) and effective financial management policies and procedures to manage federal awards (see 2 C.F.R. 200.302).
Condition 64
Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down more than 10% of the award funds until-- (1) OJP determines that the recipient's Grant Award Administrator and all Financial Managers for this award have successfully completed Page: 23 of 25
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94 an "OJP financial management and grant administration training" on or after January 1, 2022, and (2) OJP issues an Award Condition Modification (ACM) to modify or remove this condition.
Once both the Grant Award Administrator and Financial Manager have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of an ACM to remove this condition. Obligations, expenditures, and drawdowns prior to the ACM are made at the recipient's risk and may be disallowed if not in compliance with program requirements or approved budget.
A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Deputy Assistant Attorney General
Name of Approving Official
Maureen A. Henneberg
Signed Date And Time
7/30/26 2:37 AM
Authorized Representative
Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
no value
Signed Date And Time
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95 no value
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96 STAFF REPORT
FIRE
DEPARTMENT
DATE: September 15, 2026
TO: Justin Hess, City Manager
FROM: Danny Alvarez, Fire Chief
VIA: Eric Baumgardner, Emergency Management Administrator BY: Brigitte Le, Administrative Analyst I
SUBJECT: Adoption of a Resolution Designating the City Manager or Assistant City Manager as the Authorized Agent for the State of California Governor’s Office of Emergency Services
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DESIGNATING
THE CITY MANAGER OR ASSISTANT CITY MANAGER AS THE AUTHORIZED AGENT FOR THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES. (Attachment 1)
BACKGROUND
The State of California Governor’s Office of Emergency Services (Cal OES) is responsible for the coordination of the state response to major disasters and assuring the State’s readiness to respond and recover from all hazards . In addition, Cal OES assists local governments in their emergency preparedness, response, recovery, and hazard mitigation efforts.
As part of the recovery efforts, Cal OES receives state and federal assistance, as a pass- through agency, and allocates financial assistance to local agencies, as a subrecip ient, on a project-by-project basis.
In order to become eligible for disaster-related public assistance from Cal OES or the federal government under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 and/or the California Disaster 1 Consent Calendar
Item #4
97 Assistance Act, local agencies in the State of California must designate an Authorized Agent and submit Cal OES Forms 89 (Attachment 2) and 130 (Attachment 3). The Authorized Agent must be designated by a Resolution of the governing body. The Authorized Agent will be the person allowed to provide assurances and complete forms as required by Cal OES and the Federal Emergency Management Agency for all matters pertaining to state and federal disaster assistance.
DISCUSSION
On October 17, 2023, the City Council adopted Resolution 23-29,475, which designated the City Manager as the Authorized Agent for the State of California Governor’s Office of Emergency Services (Cal OES). This designation is effective until October 16, 2026, and must be renewed every three years. This designation applies to any disaster such as the COVID-19 pandemic, a wildfire, or a mudslide.
Cal OES has notified the City of the need to update its authorized agent list. Such authorization is accomplished through the adoption of the attached resolution and the execution of the standard Cal OES forms. If approved, the designation is effective for all open and future disasters for three years, from September 15, 2026, through September 14, 2029.
Approval of the proposed resolution will allow for timely processing of current and future projects related to disaster preparedness, response, recovery, and mitigation.
ENVIRONMENTAL REVIEW
Designating the Authorized Agent has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact directly related to this report.
CONCLUSION
Staff recommends adoption of the Resolution for the City to be eligible for disaster-related public assistance from Cal OES or the federal government.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Cal OES Form 89
Attachment 3 – Cal OES Form 130
2 98
ATTACHMENT 1
1 RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK DESIGNATING THE CITY MANAGER OR
ASSISTANT CITY MANAGER AS THE AUTHORIZED
AGENT FOR THE CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICES
THE COUNCIL OF THE CITY OF BURBANK FINDS:
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) is responsible for the coordination of the state response to major disasters and aids local governments in recovery efforts following emergencies including recovery operations, hazard mitigation, and interagency recovery coordination.
WHEREAS, Cal OES receives state and federal financial assistance as a pass - through agency and allocates funds to local governments as a subrecipient for disaster relief and emergency services in accordance with the California Disaster Assistance Act and Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.
WHEREAS, to be eligible and apply for disaster or emergency related financial assistance from Cal OES, a public agency must designate an Authorized Agent by resolution of the governing body and submit forms OES -FPD-89 and OES -FPD-130 to Cal OES every three years.
WHEREAS, the Authorized Agent shall have the authority to engage with the Federal Emergency Management Agency and Cal OES regarding declared disasters and financial assistance.
WHEREAS, the City of Burbank (City) , by Resolution 23-29,475, designated the City Manager as the Authorized Agent for Cal OES for the period of October 17, 2023 through October 16, 2026.
WHEREAS, a resolution designated the City Manager or Assistant City Manager as an Authorized Agent for Cal OES will allow for timely processing of existing and future projects related to disaster preparedness, response, recovery, and mitigation.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The above findings are true and correct and incorporated herein as if restated in its entirety
2. The City of Burbank is a public agency established under the laws of the State of California.
99 ATTACHMENT 1
2 3. The City Manager or Assistant City Manager is hereby designated as the Authorized Agent to execute, for and on behalf of the City of Burbank, applications with the California Office of Emergency Services (Cal OES) for the purposes of obtaining state financial assistance under California Disaster Assistance Act and federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.
4. The City Manager or Assistant City Manager is hereby authorized to execute Cal OES forms OES-FPD-89, OES-FPD-130, and may execute any other forms required by Cal OES to receive financial assistance related to all existing and future declared disasters, subject to City Attorney approval.
PASSED and ADOPTED this ____ day of _________________, 2026.
_______________________
Tamala Takahashi
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: _______________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the _____ day of _________________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Kimberley Clark, City Clerk
100
STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES--0(Rev. 2022) Disaster No: Cal OES ID No: UEI No: SUBRECIPIENT’S NAME: (Name of Organization) PRIMARY MAILING ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE: FAX NUMBER: CA ASSEMBLY DIST: CA SENATE DIST: U.S. CONGRESSIONAL DIST: Visit sos.ca.gov/elections/who-are-my-representatives to find your district number. AUTHORIZED AGENT: TITLE: EMAIL ADDRESS: Note: Certain of these assurances may not be applicable to all your projects. If you have questions, please contact the California Governor’s Office of Emergency Services. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the subrecipient named above: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, Federal Office of Inspector General 2 CFR 200.336, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Rev. 102022 OES--101 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES-(Rev. 2022) 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance-awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gains. 8. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 9. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd- 3 and 290 ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of Rev. 102022 OES-0102 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES-(Rev. 2022) 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the requirements on any other non-discrimination statute(s) which may apply to the application. 10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.O. 93-205). 13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). Rev. 102022 OES-103 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES--0(Rev. 2022) Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Will disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in accordance with §200.112. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subrecipient application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: The state warrant covering federal financial assistance will be deposited in a special and separate account and will be used to pay only eligible costs for projects described above. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final audit of the federal or state government. In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. The non-Federal entity for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award §200.113. Failure to make required disclosures can result in any of the remedies described in §200.338 Remedies for noncompliance, including suspension or debarment. Rev. 102022 OES-104 STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES-(Rev. 2022) “I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by ____________________________________________________________ (Name of Organization) to enter into this agreement for and on behalf of said subrecipient, and by my signature do bind the subrecipient to the terms thereof.” PRINTED NAME SIGNATURE OF AUTHORIZED AGENT TITLE DATE Rev. 102022 OES-105
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR
-Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), -- Flood Mitigation Assistance Program (FMA)- National Earthquake Hazards Reduction Program (NEHRP) - California Early Earthquake Warning (CEEW) Rev. 2022 OES-106 Please check the appropriate box below
CERTIFICATION
Rev. 2022 OES--107
Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. Resolution Section: Governing BodyName of ApplicantAuthorized Agentand Rev. 2022 OES--108 Checking Universal or Disaster-Specific Box: Governing Body Representativecannot Certification Section: Name and Titlecannot Rev. 2022 OES--109
1 STAFF REPORT
DATE: September 15, 2026
TO: Justin Hess, City Manager
FROM: Danny Alvarez, Fire Chief
VIA: James Moye, Fire Marshal/Battalion Chief
BY: Brigitte Le, Administrative Analyst I
SUBJECT: Adoption of a Resolution Acknowledging Receipt of the Fiscal Year 2025- 26 Fire Inspection Performance Report
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 20 25-26 FIRE INSPECTION
PERFORMANCE REPORT REGARDING REQUIRED ANNUAL INSPECTIONS IN OCCUPANCIES PURSUANT TO SECTIONS 13146.2, 13146.3, AND 13146.4 OF THE CALIFORNIA HEALTH AND SAFETY CODE (Attachment 1).
BACKGROUND
California Health and Safety Code §§13146.2 and 13146.3 require local fire departments to complete annual inspections of certain occupancies, including public and private schools, hotels, motels, lodging houses, apartments, and certain residential care facilities (Health and Safety Code §13235) for compliance with building standards. In response to the deadly Ghost Ship Fire in Oakland, California in 20161, the State Legislature passed Senate Bill (SB) 1205 which added § 13146.4 to the California Health and Safety Code.
Effective January 1, 2019, t he law requires fire departments to annually report their performance of state -mandated fire inspections to their administering authority, wh ich then acknowledges receipt of the report in a resolution. 1 A warehouse was unlawfully converted into living spaces and hosted a concert the night of the incident.
The building was zoned only for industrial purposes; residential and entertainment uses were prohibited.
FI
RE
DEPARTMENT
Consent Calendar
Item #5
110
2 DISCUSSION
The Burbank Fire Department (BFD) is dedicated to protecting lives, property, and the environment through vital community risk reduction initiatives. Initiatives include life safety inspections for commercial and residential structures, permitting and inspection of production facilities, hazardous materials management, and brush clearance inspections, all of which are conducted or overseen by the Fire and Life Safety Division.
BFD provides City Council with its Fiscal Year (FY) 2025-26 Fire Inspection Performance Report (Attachment 2), which summarizes inspection activities for the following categories of occupancies:
• Educational Group E Occupancies : These occupancies are generally defined as public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. During FY 2025-26, BFD completed the annual inspection of 43 of the 49 Group E occupancies in the City, resulting in a compliance rate of 87.76%. Six inspections were completed outside of the fiscal year window in September 2026.
• Residential Group R Occupancies: These occupancies are generally defined as structures containing sleeping units. This includes hotels, motels, apartments (three units or more), and newly licensed prospective community care, elderly residential care, and child day care facilities. These residential care facilities have different sub -classifications and may house residents with needs relating to custodial care, mobility impairments, and cognitive disabilities. During FY 2025-26, BFD completed the annual inspection of all 2,228 Group R occupancies (including sub-categories of new residential care facilities requiring a pre -inspection and clearance) in the City of Burbank, resulting in a 100% compliance rate.
ENVIRONMENTAL REVIEW
This report has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact for this report.
CONCLUSION
BFD will continue to evaluate the performance, staffing, and workflow of the Fire and Life Safety Division to ensure continued compliance with state and local inspection and reporting requirements. Staff recommends that Council adopt a resolution acknowledging 111
3 receipt of the FY 2025-26 Fire Inspection Performance Report regarding required annual inspections in occupancies pursuant to §§ 13146.2 and 13146.3 of the California Health and Safety Code.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – FY 2025-26 Fire Inspection Performance Report 112
ATTACHMENT 1
1 RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL
YEAR 202 5-26 FIRE INSPECTION PERFORMANCE
REPORT REGARDING REQUIRED ANNUAL
INSPECTIONS IN OCCUPANCIES PURSUANT TO
SECTIONS 13146.2 , 13146.3, AND 13146.4 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. California Health and Safety Code Section 13146.4, effective on January 1, 2019, requires all city fire departments that provide fire protection services, which includes the Burbank Fire Department, to report annually to its administering authority on compliance with mandated inspections pursuant to Health and Safety Code Sections 13146.2 and 13146.3.
B. Pursuant to California Health and Safety Code Section 131 46.4(d), the administering authority for the City of Burbank is the City Council.
C. California Health and Safety Code Sections 13146.2 and 13146.3 require annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care fac ilities for compliance with building standards, as provided.
D. Pursuant to Health and Safety Code Section 13235, a local fire department shall conduct only a pre -inspection and final clearance approval of a newly licensed community care facility, residential care facility for the elderly, or child day care facility.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The above findings are true and correct and incorporated herein as if restated in its entirety.
113
ATTACHMENT 1
2 2. The Burbank Fire Department’s Fiscal Year 202 5-26 Fire Inspection Performance Report regarding required annual inspections in occupancies pursuant to California Health and Safety Code Sections 13146.2 and 13146.3 is hereby submitted to, and received by, City Council.
PASSED and ADOPTED this ___ day of September, 2026.
__________________________
Tamala Takahashi
Mayor
Approved as to Form:
Attest: Office of the City Attorney
________________________ By:________________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank, at its regular meeting held on the ___ day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
114
ATTACHMENT 2
Type
# of
Annual
Inspections for
FY 2025-26
# of Inspections
Completed
% of
Inspections
Completed
Description
Educational*
(Annual State Mandate) 49 43 87.76%
Public and private schools, used by
more than 6 persons at any one time
for educational purposes
(California Senate Bill 1205 (SB 1205); HSC
§13146.2, Group E)
Residential*
(Annual State Mandate) 2,228 2,228 100.00%
Hotels, motels, apartments (3 units or
more), newly licensed prospective
community care, elderly residential
care, and child day care facilities
(California Senate Bill 1205 (SB 1205); HSC
§13146.3, Group R-1/R-2)
Total 2,277 2,271 99.74%
Burbank Fire Department
FY 2025-26 Fire Inspection Performance Report
*Senate Bill 1205 requires that inspections of this occupancy type must be annually reported to the administering authority. 115
1 STAFF REPORT
DAT
E: September 15, 2026
T
O: Justin Hess, City Manager
F
ROM: D anny Alvarez, Fire Chief
BY: Channing Reyes, Administrative Analyst II
S
UBJECT: Authorization to Accept a Donation in the Amount of $5,000 from The Strickland Family Foundation and Amend the Fiscal Year 2026- 27 Budget by Appropriating Funds Towards the Burbank Fire Department’s Health and Wellness Program
RE
COMMENDATION
Accept a monetary donation in the amount of $5,000 from The Strickland Family Foundation and amend the Fiscal Year 2026-27 Budget to appropriate funds towards the Burbank Fire Department’s Health and Wellness Program.
BACKG
ROUND
On July 30, 2026, the Burbank Fire Department (Department) received a generous donation of $5,000 from The Strickland Family Foundation for the purpose of firefighter support. The funds will be utilized for the Department’s Health and Wellness Program, which focuses on firefighter peer support and training, psychological assistance, and critical incident stress management.
DI
SCUSSION
The Burbank Fire Department operates a Health and Wellness Program (Program) under the Emergency Medical Services (EMS) Division to provide mental, emotional, and spiritual care for Department personnel and their families, as well as surrounding fire agencies as needed. The Program is managed by the Peer Support Team , which is composed of 25 active Department members.
T
he Chaplain Program was established as a component of these health and wellness initiatives to provide non- denominational spiritual care and guidanc e for personnel and FIRE
DEPARTMENT
Consent Calendar
Item #6
116
2 their families in times of crisis. T here are currently three designated Department Chaplains: two active-duty members and one retired member. These personnel provide family notifications, visit sick or injured personnel, and offer invocations and benedictions at Department functions. During the 2025 Eaton Fire, the Chaplains were requested to provide care to those affected by the incident. More recently, they provided support to the Glendale Fire Department for a significant incident that occurred within their membership.
The Chaplains continue to complete education and training specifically related to crisis intervention and critical stress incident management.
The Program also includes professional services administered by Psychological Consulting Associates, Inc. , which includes training and consultation services, psychological evaluations, psychotherapy, and emergency on-call assistance for Critical Incident Stress Debriefings. Personnel have utilized these services for advanced peer support training, scheduling one-on-one consultations for assistance, and debriefing after a critical incident to ensure mental and emotional well-being. This monetary donation will be used to subsidize the professional services agreement with Psychological Consulting Associates, Inc. and continue the efforts in serving the total health and wellness of fire personnel, including training for new Peer Support Team members.
ENVIRONMENTAL REVIEW
The acceptance of this Donation has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirement of the California Environmental Quality Act 9CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
Staff is requesting City Council authority to accept the funds and amend the Fiscal Year 2026-27 Adopted Budget by appropriating $5,000 from revenue account number 001.FD000.58999.0000.00000 (General Fund, Fire Department General, Miscellaneous Revenue) to expenditure account number 001.FD03A.62300.1018.00000 (General Fund, Emergency Medical Services, Special Department Supplies, Wellness).
CONCLUSION
Staff recommends City Council authorize staff to accept thi s monetary donation and appropriate funds to support the Department’s Health and Wellness Program.
ATTACHMENT
None.
117
STAFF REPORT
D
ATE: September 15, 2026
T
O: Justin Hess, City Manager
F
ROM: Courtney Padgett, Assistant City Manager
BY: Cathryn LaBrado, Assistant to the City Manager
S
UBJECT: Approval of a Support Position on a Resolution to be Considered at the 2026 League of California Cities Conference Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions RE
COMMENDATION
Direct the City of Burbank’s voting delegate to vote in support of a r esolution of the General Assembly of the League of California Cities calling for a working group to consider a state constitutional amendment or other form of initiative to ensure final local authority over housing and land use decisions at the 2026 League of California Cities Conference.
BACKG
ROUND
The City of Burbank is a member of the League of California Cities, a nonprofit advocacy organization that represents the interests of over 400 municipalities across the state. The Cal Cities 202 6 Annual Conference is scheduled for September 23- 25, 2026, at the Anaheim Convention Center and presents an opportunity for city officials to attend informative sessions, learn about the challenges that California’s cities face, collaborate on solutions, and celebrate the accomplishments of Cal Cities and member jurisdictions.
The Annual Business Meeting occurs during the General Assembly on the last day of the conference where member cities take action on conference resolutions. Resolutions serve as policy guidance for Cal Cities and are meant to improve the quality, responsiveness, and vitality of local government in California. This year, one resolution has been submitted for consideration along with background materials, supporting letters, and analyses (Attachment 1).
CITY MANAGER’S
OFFICE
Consent Calendar
Item #7
118
DISCUSSION
Per Cal Cities bylaws , proposed r esolutions are referred to an appropriate policy committee for review and recommendation to the General Resolutions Committee before being presented to the General Assembly for a vote. This year’s r esolution was referred to the Cal Cities Housing, Community, and Economic Development Policy Committee (Policy Committee). The Policy Committee will meet virtually on September 17 at 10:00 a.m. to review the resolution and make a recommendation that will be sent to the Cal Cities Resolutions Committee. The Resolutions Committee will meet on September 24 at 1:00 p.m. to review the resolution and the recommendation from the Policy Committee.
The following r esolution was submitted for consideration at the Cal Cities 2026 Annual Conference by the City of Murrieta:
A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA
CITIES CALLING FOR A WORKING GROUP TO CONSIDER A STATE
CONSTITUTIONAL AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE
FINAL LOCAL AUTHORITY OVER HOUSING AND LAND USE DECISIONS
The resolution aims to address concerns related to the large number of state laws enacted since 2010 that increasingly shift housing and land use authority away from local governments. Specifically, the resolution calls for Cal Cities to consider pursuing a state constitutional amendment or legislative, policy, or ballot-based strategy to address these concerns. The resolution also recommends establishing a working group or other committee to develop a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life -safety, and environmental requirements, while restoring meaningful local authority. This approach would allow cities to determine how statewide housing objectives should be implemented in a manner that reflects local conditions and community priorities, while continuing to support responsible housing production.
Letters of concurrence with the resolution were submitted by the cities of Banning, Calimesa, Canyon Lake, Moreno Valley, Norco, Torrance, the Mayor of San Jacinto, and the Mayor of Temecula.
Burbank Voting Delegate
Cal Cities encourages each City Council to consider the proposed resolution, determine a city position, and direct the appointed voting delegate to represent the City accordingly at the General Assembly set to convene on Friday, September 25, 2026, at 8:30 a.m.
Each member city has the right to cast one vote per resolution. At the January 13, 2026, Burbank City Council meeting, Council appointed Mayor Takahashi as the annual statewide voting delegate for Cal Cities, followed by Vice Mayor Mullins as the primary alternate, and Council Members Anthony, Perez, and Rizzotti as second alternates. The 119
voting delegate and alternate must be registered to attend the conference and attend the Annual Business Meeting. As of September 15, 2026, Mayor Takahashi, Vice Mayor Mullins, and Council Member Perez are scheduled to attend this year’s annual conference.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact associated with this action.
CONCLUSION
The City of Burbank is an active member of Cal Cities and utilizes the Annual Conference to advocate on behalf of the community. It is vital that the City of Burbank be represented at the Annual Business Meeting and cast a vote on the proposed resolution in accordance with City Council direction. Staff recommends, through City Council’s approval of this report, the voting delegate submit a support position on the proposed r esolution in alignment with the majority decision of City Council. Abstaining, opposing, or supporting this resolution will not commit Burbank into adopting or implementing any of Cal Cities’ policy positions.
ATTACHMENT
Attachment 1 – League of California Cities 2026 Resolution Packet
120
2025-2026
CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito
First Vice President
Teresa Acosta
Council Member
Carlsbad
Second Vice President
David Cohen
Council Member
San Jose
Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 10, 2026
TO: Cal Ci
ties Members
RE: Cal Ci
ties 2026 Resolution Packet
Sixt
y days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.
The at
tached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.
We e
ncourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.
Voti
ng Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.
The 2026 G
eneral Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.
For q
uestions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
ATTACHMENT 1-1
121
2026
Resolution
Packet
ATTACHMENT 1-2 122
2026 Resolution Packet
Information on 2026 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, Cal Cities President Gabe Quinto has referred the submitted resolution to the Housing, Community, and Economic Development Committee. The committee will meet on Thursday, Sept. 17, at 10 a.m. via Zoom to review
the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting is on page two of this packet.
Consideration by Resolutions Committee (during conference) On Thursday, Sept. 24, at 1:00 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consist of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting is on page two of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Friday, Sept. 25, at 8:30 a.m. to consider any resolutions the Resolutions Committee has forwarded. To vote during the General Assembly, voting d elegates must have checked in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Thursday, Sept. 24. For more information on voting and discussion procedures during the General Assembly, see page three of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 ATTACHMENT 1-3
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Policy Committee and Resolutions Committee Actions
The su
bmitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The table below shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a
resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 2 ATTACHMENT 1-4
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General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For
General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For
Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Item
s on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. If an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome, a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
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2026 Resolution
1. Resolution No. 1 submitted by City of Murrieta
• Letters of concurrence submitted by:
i. City of Banning;
ii. City of Calimesa;
iii. City of Canyon Lake;
iv. City of Moreno Valley;
v. City of Norco;
vi. City of Torrance;
vii. Crystal Ruiz, Mayor, City of San Jacinto;
viii. Jessica Alexander, Mayor, City of Temecula
• Referred to Housing, Community, and Economic Development Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
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Res
olution No. 1
Submitted by City of Murietta
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1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES
CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL
AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER
HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdict ion in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED , by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amend ment or other legislative, policy, or ballot- based strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
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BE I
T FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life -safety standards, and gen erally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zonin g or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT
FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.
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Resolu
tion No. 1: Background
Information
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Background Information for Resolution
Source: Ci
ty of Murrieta
Background:
Ca
lifornia cities are responsible for planning residential growth, adopting general plans and zoning regulations, reviewing development proposals, and providing or coordinating the infrastructure and public services necessary to support new housing. Since 2010, the State has enacted more than 500 housing-related laws that have increasingly shifted housing and land use authority away from local governments. These laws have expanded by-right development, limited locally adopted standards and review processes, and established enforcement mechanisms, including the builder’s remedy, that may override local plans and zoning. Although these measures are frequently presented as solutions to housing affordability, many increase development capacity or restrict local review without delivering the meaningful production of housing needed to address the housing crisis.
At the same time, the State has continued to prioritize increased development capacity without adequately accounting for the infrastructure, public services, economic realities, and safety measures necessary to support housing growth.
State mandates often fail to reflect local conditions, including roadway and utility capacity, water availability, wildfire exposure, environmental limitations, fiscal impacts, and the availability of essential services. Cities are consequently required to accommodate additional housing while receiving no funding or assistance to address the resulting infrastructure and service demands.
Local elected officials are directly accountable to the residents who experience the effects of development decisions and are responsible for balancing housing production with infrastructure capacity, public safety, environmental protection, fiscal sustainability, and community needs. Cities of all types in California have been grappling with this dynamic, ranging from urban to rural, coastal to inland, small to large, northern to southern, voicing concerns to legislative representatives with minimal responsiveness. This is an issue of statewide concern that needs the strength and diversity of the League of California Cities to pursue a long-term solution.
The proposed resolution directs the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. The working group would be tasked with developing a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life-safety, and environmental requirements, while restoring meaningful local authority to allow cities to determine how statewide housing 9 ATTACHMENT 1-11 131
2026 Resolution Packet
objectives should be implemented in a manner that reflects local conditions and community priorities while continuing to support responsible housing production.
As the primary statewide organization representing California cities, the League is uniquely positioned to lead this effort. Its established policy, legal, legislative, communications, and advocacy networks enable it to convene municipalities, evaluate potential strategies, conduct legal and fiscal analyses, build consensus, engage stakeholders, and coordinate with statewide decision-makers. League leadership would help ensure that any recommendation reflects the collective interests of California municipalities and would provide the credibility, organizational capacity, and statewide reach necessary to advance a viable strategy.
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Res
olution No. 1: Letters of
Concurrence
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July 23, 2026
Pre
sident Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Sub
ject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear
President Quinto,
The C
ity of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot -based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and
25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf of the City of Can yon Lake, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sin
cerely,
Arron Bro
wn
City Manager
City of Canyon Lake
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136
July 23, 2026
Pres
ident Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject
: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear P
resident Quinto,
The Cit
y of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed
resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches to address increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf
of the City of Moreno Valley, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sinc
erely,
Bri
an Mohan
City Manager
City of Moreno Valley
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July
22, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject
: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority
Dear P
resident Quinto,
The Ci
ty of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed
resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf
of the City of the Norco, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sinc
erely,
Kevi
n Bash
City Council Member
(951) 768-8981
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July 23, 2026
Mr. Gabe Quinto, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for the City of Murrieta's Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto:
I am writing in my individual capacity as Mayor of the City of Temecula to express my strong support for the City of Murrieta's proposed resolution for consideration by the General Assembly of the League of California Cities at the 2026 Annual Conference.
The proposed resolution presents an important opportunity to thoughtfully evaluate the appropriate balance between California's statewide housing objectives and the constitutional principle of local governance. Establishing a statewide working group to examine a potential constitutional amendment, legislative reforms, or other policy initiatives will provide a meaningful forum to assess how local authority over housing and land use decisions can be strengthened while continuing to address the State's housing challenges.
Cities are uniquely positioned to understand the needs, opportunities, and constraints of their communities. Local elected officials are accountable to the residents they serve and are best equipped to make land use decisions that reflect a community's character, infrastructure capacity, economic development goals, environmental stewardship, and long-term vision. Equally important, local governments bear the primary responsibility for protecting public safety. Decisions regarding housing density, transportation, emergency access, wildfire preparedness, evacuation routes, police and fire service capacity, water availability, and critical infrastructure are inherently local matters that require the knowledge and judgment of those who serve their communities every day.
While the State has an important role in addressing California's housing needs, a collaborative approach that respects local expertise and preserves meaningful local discretion will produce stronger, safer, and more sustainable communities. The proposed working group offers an opportunity to evaluate policies that achieve these shared objectives while restoring an appropriate balance between state direction and local authority.
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Mr. Gabe Quinto, President
League of California Cities
July 23, 2026