Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Jeanette Duran, Interim Finance Director I City
Treasurer
Approved by:
William K. Tam, City Manager
Background and Analysis:
Electronically Approved
Electronically Approved
Electronically Approved
1. At its special meeting held September 29, 2021, the City Council adopted Resolution No. 2021-86-3298, declaring an exemption under AB 361 which allowed the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access, and quorum requirements for teleconferencing for the month of October 2021.
2. On October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council.
3. On October 13, 2021, the City Council directed staff to take the necessary steps to resume hybrid public meetings, thereby allowing the public to participate in a public meeting via teleconference or in-person, and foregoing the Brown Act's traditional agenda posting, physical access, and quorum requirements for teleconferencing for the month of November 2021.
4. On October 27, 2021, the City Council, Successor Agency and the Irwindale Housing Authority adopted Joint Resolution No. 2021-94-3306, Resolution No. SA 2021-95- 3307, and HA 2021-06-105, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the month of November.
5. On November 10, 2021, the City Council, Successor Agency and the Irwindale Housing Authority adopted Joint Resolution No. 2021-100-3312, Resolution No. SA Page2
2021-101-3313 and HA Resolution No. 2021-07-106, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the month of December.
6. On December 8, 2021, the City Council, Successor Agency, Housing Authority and Reclamation Authority adopted joint Resolution No. 2021-109-3321, SA Resolution No. 2021-110-3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the thirty day period beginning December 9, 2021 through January 8, 2022; and
7. The attached joint resolutions, Options 1 & 2, for the City Council, Successor Agency, and Housing Authority, make the findings necessary for the the legislative bodies to declare an exemption under AB 361 as (1) there is an existing state of emergency declared by the Governor and (2) the Los Angeles County Department of Public Health's guidance recommends to social distance (about 6 feet away) from people outside your household or when vaccination status is unknown.
8. As a result, Resolution Option 1 modifies public meetings as follows:
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold public meetings by teleconferencing or electronically, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, or an internet-based service provider;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting
to a new date and time when an unresolved issue exceeds the 10-minute time period.
9. Alternatively, Resolution Option 2 would modify public meetings as follows (changes bolded and italicized):
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting in-person shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing; d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.
Fiscal Impact:
Conducting fully remote or hybrid public meetings will require city staff to assist with the meeting and public participation, remotely or in-person. The fiscal impact will be based on the amount of staff required and the duration of the meeting. The fiscal impact for all Council and Commission meetings for the 30-day period beginning January 13, 2022 through February 12, 2022 is estimated to be approximately $900.
Page4
Attachment:
1. Joint Resolution No. 2022-02-3251, Resolution No. SA 2022-03-3252, Resolution No.
HA 2022-01-111 Option 1
2. Joint Resolution No. 2022-02-3251, Resolution No. SA 2022-03-3252, Resolution No.
HA 2022-01-111 Option 2
Page5
OPTION 1
RESOLUTION NO. 2022-02-3251
RESOLUTION NO. SA 2022-03-3252
RESOLUTION NO. HA 2022-01-111
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT
AGENCY, AND THE BOARD OF THE HOUSING AUTHORITY OF THE CITY OF
IRWINDALE, CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING
REMOTE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING JANUARY 13, 2022 THROUGH FEBRUARY 12, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361
WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29-20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2021, Governor Newsom issued Executive Order N-35-20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b )(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15- 21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends implementing policies and practices that support physical distancing amongst members of the public, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
WHEREAS, on October 27, 2021, the City Council, Successor Agency Board, and Housing Authority Board adopted Joint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the month on November; and
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
Page2
WHEREAS, on November 10, 2021, the City Council, Successor Agency Board, and Housing Authority Board adopted joint Resolution No. 2021-100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the month of December; and WHEREAS, on December 8, 2021, the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board adopted joint Resolution No. 2021-109- 3321, SA Resolution No. 2021-110-3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the thirty day period beginning December 9, 2021 through January 8, 2022; and
WHEREAS, the City Council, Successor Agency Board, and Housing Authority Board desire to declare an exemption under AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period beginning January 13, 2022 through February 12, 2022~~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR
AGENCY TO THE FORMER IRWINDALE COMMUNITY REDEVELOPMENT AGENCY,
AND HOUSING AUTHORITY BOARD OF THE CITY OF IRWINDALE, CALIFORNIA DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council, Successor Agency Board, and Housing Authority Board determine that each of the findings set forth above is true and correct and incorporated herein by this reference.
SECTION 2. The City Council, Successor Agency Board, and Housing Authority Board hereby raconsider the conditions of the state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City of Irwindale, and reaffirms, reauthorizes, and continues the existence of a local emergency throughout the City.
SECTION 3. The City Council, Successor Agency Board, and Housing Authority Board hereby find that the slate of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to the Delta and Oemicron variants of COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, and Housing Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends implementing policies and practices that support physical distancing. Based on such facts, findings, and determinations, the City Council Successor Agency Board, and Housing Authority Board authorize staff to conduct fully remote meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, and Irwindale Housing Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings -that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953 subsection E. As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold -public meetings by teleconferencing or electronically-, ,--without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, or an internet-based service provider.
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.
SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings remotely in Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
Page4
accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.
SECTION 6. Pursuant to Government Code section 54953(e)(4), the local legislative body will verify every 30 days that the exemption from traditional teleconference requirements under the Brown Act is still necessary. The legislative body must make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
a. The legislative body has reconsidered the state of emergency circumstances; and b. Either (1) the state of emergency continues to directly impact the ability to meet safely in person, or (2) state or local officials continue to impose or recommend measures to promote social distancing.
SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on January 13, 2022.
PASSED, APPROVED AND ADOPTED this 121h of January 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing joint Resolution No. 2022-02-3251, Resolution No. SA 2022-03-3252, and Resolution No. HA 2022-01- 111 was duly adopted by the City Council of the City of Irwindale at a regular scheduled meeting thereof held on the 12th day of January 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
OPTION 2
RESOLUTION NO. 2022-02-3251
RESOLUTION NO. SA 2022-03-3252
RESOLUTION NO. HA 2022-01-111
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT
AGENCY, AND THE BOARD OF THE HOUSING AUTHORITY OF THE CITY OF
IRWINDALE, CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING
REMOTE HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING JANUARY 13, 2022 THROUGH FEBRUARY 12, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASS EMBLY BILL NO. 361
WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29-20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2021, Governor Newsom issued Executive Order N-35-20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15- 21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends implementing policies and practices that support physical distancing amongst members of the public, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
WHEREAS, on October 27, 2021, the City Council, Successor Agency Board, and Housing Authority Board adopted Joint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies ofthe City of Irwindale for the month on November; and
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
WHEREAS, on November 10, 2021, the City Council, Successor Agency Board, and Housing Authority Board adopted joint Resolution No. 2021-100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the month of December; and WHEREAS, on December 8, 2021, the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board adopted joint Resolution No. 2021-109- 3321, SA Resolution No. 2021-110-3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028, respectively, which re-ratified the existence of a local emergency and authorized remote hybrid meetings for all legislative bodies of the City of Irwindale for the thirty day period beginning December 9, 2021 through January 8, 2022; and
WHEREAS, the City Council, Successor Agency Board, and Housing Authority Board desire to declare an exemption under AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period beginning January 13, 2022 through February 12, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR
AGENCY TO THE FORMER IRWINDALE COMMUNITY REDEVELOPMENT AGENCY,
AND HOUSING AUTHORITY BOARD OF THE CITY OF IRWINDALE, CALIFORNIA DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council, Successor Agency Board, and Housing Authority Board determine that each of the findings set forth above is true and correct and incorporated herein by this reference.
SECTION 2. The City Council, Successor Agency Board, and Housing Authority Board hereby consider the conditions of the state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City of Irwindale, and reaffirm, reauthorize, and continue the existence of a local emergency throughout the City.
SECTION 3. The City Council, Successor Agency Board, and Housing Authority Board hereby find that the state of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to the Delta and Omicron variants of COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, and Housing Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends implementing policies and practices that support physical distancing. Based on such facts, findings, and determinations, the City Council Successor Agency Board, and Housing Authority Board authorize staff to conduct hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, and Irwindale Housing Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953 subsection E. As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.
SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings in-person and Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
Page4
remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.
SECTION 6. Pursuant to Government Code section 54953(e)(4), the local legislative body will verify every 30 days that the exemption from traditional teleconference requirements under the Brown Act is still necessary. The legislative body must make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
a. The legislative body has reconsidered the state of emergency circumstances; and b. Either (1) the state of emergency continues to directly impact the ability to meet safely in person, or (2) state or local officials continue to impose or recommend measures to promote social distancing.
SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on January 13, 2022.
PASSED, APPROVED AND ADOPTED this 12th of January 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing joint Resolution No. 2022-02-3251, Resolution No. SA 2022-03-3252, and Resolution No. HA 2022-01- 111 was duly adopted by the City Council of the City of Irwindale at a regular scheduled meeting thereof held on the 121h day of January 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Councilmembers/Agency Members:
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Resolution No. 2022-02-3251
Resolution No. SA 2022-03-3252
Resolution No. HA 2022-01-111
(J;;\_~
~ STAHOfCALlfORNlll
ti-:;~: \il,'i'' AUTHENTICATED •l<IL!'AI• ElECrnoNICtEGAlMATERIAL Assembly Bill No. 361
CHAPTER 165
Ao act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Govemment Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be pennitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by 1nandamus or injunction for the purpose of obtaining a judicial detennination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility require1nents are met, the public ine1nbers are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch.165 -2-
resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January I, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended 1neasures to pro1note social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance ofthe meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer connnent in real time. The bill would prohibit the legislative body from closing the public connnent period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 -3- Ch.165
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons. be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch.165 -4-
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe aud to address the legislative body. With respect to a legislative body holding a public meeting pursuaut to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that ainends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION I. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5- Ch.165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (I) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow members of the public to attend tbe meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swifrly resolving requests for reasonable modification or acconnnodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(I) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch.165 -6-
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public connuent. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and connuent, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and connuent using the most rapid means of connuunication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
( f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adbere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Govennuent Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
( c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7- Ch.165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of connnunication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
( f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch.165 -8-
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the pnblic. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the teITitory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunily for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
( c) (I) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the reco1nmendation.
92 -9- Ch. 165
( d) (1) Notwithstanding the provisions relating to a quorum iu paragraph (3) of subdivision (b ), if a health authori1y conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the nnmber of members that would establish a quorum are present withln the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the nnmber and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory connnittee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of detennining, by majority vote, whether as a result of the emergency, meeting in person would present hnminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch.165 -10-
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or commeut.
( C) The legislative body shall conduct telecouference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953 .3, an individual desiring to provide public connnent through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or othe1wise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11- Ch.165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body sball, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article I (cmmnencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3 .1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body ofa local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch.165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
( c) (I) No legislative body shall take action by secret ballot, wbetber preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salaiy schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the reco1nmendation.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference nu1nber, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quonun is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory cmmnittee to a county-sponsored health plan licensed pursuant to Chapter 92 -13- Ch.165
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advismy committee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) ifthe legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of einergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be consttued to reqnire the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda ite1ns during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not reqnire public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch.165 -14-
the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pnrsuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pnrsuant to subparagraph (F), or otherwise be recognized for the pnrpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public cmmnent period has elapsed. (3) !fa state of emergency remains active, or state or local officials have imposed or recommended 1neasures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pnrsuant to subparagraph (A), (B), or (C) of paragraph(!), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circnmstances of the state of emergency.
(B) Any of the following circnmstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or reco1mnend measures to pro1note social distancing.
( 4) For the pnrposes of this subdivision, "state of emergency" means a state of emergency proclaimed pnrsuant to Section 8625 of the California Emergency Services Act (Article 1 ( conunencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 -15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of!aw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directlypursuantto Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a surmnary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, 92 Ch.165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when paiiicipating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory connnittee has 12 or more members.
(e) This section shall become operative January I, 2024.
SEC. 4.1. Section 54953 is added to the Goverrnnent Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrhnination obligations.
(b) (I) Notwithstanding any other provision oflaw, the legislative body ofa local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17- Ch.165
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directlypursuantto Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (I) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the fonn of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference nmnber, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a conunon physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuaut to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, aud any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health aud Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative Jauuary 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhauce public access to state and local agency meetings during the COVID-19 pandemic aud future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation aud notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Govermnent Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servauts and the public, aud have reduced travel costs incurred by members of state bodies aud reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares 1hat Section I of thls act, which adds and repeals Section 89305.6 of1he Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of thls act, which amend, repeal, and add Section 54953 of 1he Government Code, all increase and potentially limit 1he public's right ofaccess to 1he meetings of public bodies or the writings of public officials and agencies within 1he meaning of Section 3 of Article I of the California Constitution. Pursuant to 1hat constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by 1his limitation and the need for protecting that interest:
(I) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of 1he public who might be able to attend a meeting in a physical location over members of 1he public who cannot travel or attend 1hat meeting in a physical location. (2) By removing 1he requirement for agendas to be placed at 1he location of each public official participating in a public meeting remotely, including from 1he member's private home or hotel room, this act protects the personal, private information of public officials and 1heir families while preserving the public's right to access information concerning 1he conduct of the people's business.
SEC. 9. This act is an urgency statute necessary for the ilmnediate preservation of 1he public peace, health, or safety within the meaning of Article IV oftbe California Constitution and shall go into immediate effect.
The facts constituting tbe necessity are:
In order to ensure !bat state and local agencies can continue holding public 1neetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that !bis act take effect immediately. 0 92
ISJCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: January 12, 2022
Cityo/
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: William K. Tam, City Manager
Issue: Proposed Use of CDBG Allocation for FY 2022-2023 City Manager's Recommendation:
That the City Council:
CC Item 3A
1) Adopt Resolution No. 2022-01-3250, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PROPOSED USE OF THE CITY'S FISCAL YEAR 2022-2023 LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION," reading by title only and waving further reading thereof:
Administrative Action:
Submitted by:
Jeanette Duran, Interim Finance Director/City
Treasurer
(626) 430-2268
Prepared by:
Claudia Carlos, Finance Analyst
Reviewed by:
Adrian R. Guerra, City Attorney
Jeanette Duran, Interim Finance Director/City
Treasurer
Approved by:
William K. Tam, City Manager
Approved Electronically
Background and Analysis:
1) The CDBG Program is funded directly by the federal government's Department of Housing and Urban Development (HUD), whose objectives include the development of suitable living environments. The amount of the CDBG grant to each participating city is allocated based upon population. Due to the City of lrwindale's very low population, its annual CDBG allocations are relatively low. In Fiscal Year 2022-2023, the CDBG grant allocation is estimated at $9,470. 2) The new Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provisions are continuing to allow revisions to existing CDBG administrative requirements that apply to the City's current and FY 2022-2023 CDBG allocation.
The revisions to the CDBG administrative requirements are as follows:
a. Suspend the 15% cap on public services;
b. Allows virtual hearings as long as national or local health authorities recommend social distancing and limit public gatherings for public health reasons; and
c. Allows the public comment period for substantial amendments and for the Action Plan to be reduced from 30 days to five (5) days. 3) The City has been proactive in responding to the COVID-19 Emergency by implementing city-wide actions to respond to and prevent the spread of COVID19, including requiring social distancing and face masks, canceling large gatherings and implementing virtual city meetings.
4) One of the most important City programs that helps safeguard the City's most vulnerable population during this COVID-19 pandemic is the expansion of the Senior Citizen Meal Program. Currently, this program is providing over 30 meals per weekday to senior citizens throughout the City.
5) The activities and programs eligible to be funded by CDBG allocations have been expanded to include "meal programs modified to include additional deliveries", making the Senior Citizen Meal Program eligible as a CDBG funded program. 6) The proposed use of the CDBG grant is for the continued support of the Senior Citizen Meal Program.
7) The Public Hearing Notice for the proposed use of the CDBG Allocation for FY 2022-2023 has been duly noticed in accordance with applicable laws.
Page2
Fiscal Impact:
The CDBG estimated allocation for FY 2022-2023 is approximately $9,470, and the use of these funds for the Senior Citizen Meal Program will avoid the need to use funds from the General Fund for approximately 6 months of the program.
Approval of Resolution No. 2022-01-3250 will serve to formally approve the use of CDBG allocations for this program, and the FY 2022-2023 allocation of approximately $9,470 in federal funds will be appropriated as part of the budget process for the FY 2022-2023 Annual Budget.
Attachment:
Resolution No. 2022-01-3250
RESOLUTION NO. 2022-01-3250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING THE PROPOSED USE OF THE CITY'S FISCAL
YEAR 2022-2023 LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT ALLOCATION
WHEREAS, the City of lrwindale's CDBG allocation from the County of Los Angeles for Fiscal Year 2022-2023 is estimated to be $9,470 ("CDBG Allocation"); and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provisions allow revisions to existing CDBG requirements that apply to the City's estimated FY 2022-2023 CDBG allocation of $9,470; and WHEREAS, the Senior Citizen Meal Program is an eligible activity to be funded by CDBG funds during the COVID-19 Pandemic to help safeguard the City's most vulnerable population which provides over 30 meals per weekday to senior citizens throughout the City; and
WHEREAS, the City of Irwindale has held a duly noticed public hearing on the proposed use of the City's FY 2022-2023 CDBG Allocation.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines, and orders as follows:
1. The City Council hereby approves the proposed use of the estimated FY 2022-2023 CDBG allocation of $9,470 to the Senior Citizen Meal Program during the COVID-19 Emergency.
2. The City Council hereby authorizes the City Manager and the Finance Director to take all actions and execute all documents necessary to carry out the provisions of this Resolution.
3. This resolution shall be effective upon adoption.
Resolution No. 2022-01-3250
PASSED, APPROVED, AND ADOPTED this 13th day of January 2022.
ATTEST:
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
Lawrence G. Burrola, Mayor
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-01-3250 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of January 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2022-01-3250
Laura Nieto, MMC
Chief Deputy City Clerk
IZICity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
D Joint Powers Authority
Date: January 12, 2022
Cityty
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
William K. Tam, City Manager
Issue: Discuss City of Irwindale Expense Reimbursement Policy City Manager's Recommendation:
CC Item 5A
Discuss and provide direction regarding the City of Irwindale Expense Reimbursement Policy.
Administrative Action:
Prepared /Submitted by:
Theresa Olivares, Assistant City Manager
(626) 430-2294
Reviewed by:
Adrian R. Guerra, City Attorney
Jeanette Duran, Interim Finance Director I City
Treasurer
Approved by:
William K. Tam, City Manager
Background and Analysis:
Electronically Approved
Electronically Approved
As requested by Mayor Pro Tern Ambriz at the meeting of November 10, 2021, this matter has been placed on the agenda for the City Council to discuss and provide direction regarding the City of Irwindale Expense Reimbursement Policy.
On July 13, 2016, the Council approved the attached City of Irwindale Expense Reimbursement Policy ("Policy"), which provides a uniform policy and procedures for all City Officials and City Employees to seek reimbursement for eligible expenses incurred related to travel on official City business. This Policy is consistent with requirements under California Government Codes Sections 53232-53232.4 and Section 53234 which
are applicable to members of the legislative body and its commissions. The Policy details the requirements and types of activities for which a City Employee/Official is eligible to be reimbursed for travel, meals, lodging, and other actual and necessary expenses incurred while carrying out their duties on behalf of the City. The types of eligible reimbursable activities are listed in Section V-8 of the Expense Reimbursement Policy, and include the following:
1. Meetings with government and business leaders.
2. Conferences, training, and educational trips, including visiting other governments and government officials.
3. Lobbying trips.
4. Communicating with regional, state and national government officials to advocate policy positions adopted by the City.
5. Attending seminars and workshops intended to improve the Employee/Official's skill and informational level.
6. Participating or attending events organized by regional, state or national organizations or governmental entities where the City has a direct interest.
7. Attending events within the City where the event is sponsored by an officially recognized City organization, association or club, where the official is an invited guest.
All travel requests are subject to prior approval of the Department Head and City Manager. The requests for travel must be submitted on a completed Travel Authorization request form which shall include the purpose of the travel, the estimate of all reimbursable expenses, a copy of the conference/seminar agenda and registration form, and the account in which funds for the travel expense is budgeted. Reimbursable expenses must be actual and necessary expenses. The location and duration of the conference/seminar shall be considered in determining whether overnight lodging will be permitted. Generally, events within 35 miles of the City are considered "local" and shall not require overnight lodging.
Fiscal Impact:
None
Attachment:
City of Irwindale Expense Reimbursement Policy
Page2
Exhibit "A"
IRWINDALE
CITY OFJRWINJ)~~< ··.
EXPENSE lU)l~~;~~~~i~~~~~~i\\.';~\
Adopted:
July 13, 2016
TABLE OF CONTENTS
I. PURPOSE ..... ....................................................................................... .2 II. SCOPE ............................................................................................... .. 2 ill. DEFINITIONS ...................................................................................... 2 IV. FLATMONTHLYREIMBURSEMENTS .................................................... 3 V. AUTHORIZATION FORREIMBURSEMENT AND ACTIVITIES ................... 4 VI. SPECIFIC REIMBURSABLE EXPENSES & PROTOCOL .............................. 5 Vll. EXCEPTIONS ....................................................................................... 9 VIII. RECORDKEEPING ............................................................................... 9 IX. VIOLATIONS OF TIDS POLICY AND ENFORCEMENT AUTHORITY .......... 10 ATTACHMENT "A" -PERDIEMRATESFOR CALIFORNIA CITIES ............................... 11 ATTACHMENT "B" -MEALS&INCIDENTALEXPENSESBREAKDOWN ........................... 12 ATTACHMENT "C" -SAMPLECREDITCARDRECEIPTS .......................................... 13 GENERALINSTRUCTIONSFORCOMPLETINGREQUIREDFORMS .................... 14 SAMPLE FORMS-TRA VELAUTHORIZATION & RECONCILIATIONFORMS .......................... 17 Page I l
CITY OF IRWINDALE
EXPENSE REIMBURSEMENT POLICY
I. PURPOSE
To provide a uniform policy and procedure for travel on City business for all City Employees and Officials who may incur out-of-pocket expenses in the course of their duties. To assure the appropriate use of City funds, provide accountability of related expenditures, and ensure an efficient process for approval and proper adherences to IRS regulations. This policy may not explicitly address every issue or contingency that may arise in the course of City travel.
However, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources.
This policy is consistent with California Government Code sections 53232.2 - 53232.4.
II. SCOPE
This policy is applicable to the Members of all City boards, commissions, and committees that are subject to tl1e Brown Act as well as all City Employees. This includes, but is not limited to, the Council, Successor Agency to the Irwindale Community Redevelopment Agency Board, Housing Authority Board, Irwindale Joint Powers Authority Board, Reclamation Authority Board, Planning Commission, Parks and Recreation Commission, and Senior Citizens Commission.
III. DEFINITIONS
For the purpose of this policy, the following definitions apply:
A. Agency: Any Body subject to this policy, including the Mayor and Council, Successor Agency to the Irwindale Community Redevelopment Agency Board, Housing Auth01ity Board, Irwindale Joint Powers Authority Board, Reclamation Authority Board, and all committees, commissions, and boards created by the Council. If the City creates additional boards, committee, commissions or other bodies whose Members are subject to the Brown Act, this policy shall equally apply to these Agencies.
B. Appointed Officials: Members of all City Commissions, Boards, and Agencies, who are appointed and subject to the Brown Act.
C. Elected Official: Mayor and Council Members, whether or not they were elected by the people or appointed to fill a vacancy.
D. Employee: Any person deemed by the City to be a full or patt-tinle employee, not including Elected Officials or Appointed Officials.
E. Local Travel: Travel requhfag an Employee/Official to be present at a reinlbursable event or activity that is located 35 miles or less from City Hall.
Page I 2
F. Member: Any Elected or Appointed Official, or Employee of the City.
G. Employee/Official: Any Elected or Appointed Official, or Employee of the City.
H. Out-of-State Travel: Travel requiring an Employee/Official to be present at a reimbursable event or activity that is located outside the State of California.
I. Out-of-Town Travel: Travel requiring the Employee/Official to be present at a reimbursable event or activity that is located more than 35 miles from City Hall.
J. Maximum Daily Allowance: The daily maximum dollar amount that may be reimbursed for meals and incidental expenses. The amount shall be equal to the prevailing federal Meals and Incidental Expense rates as published on the United States General Services Administration (USGSA) website.
IV. FLATMONTHLYREIMBURSEMENT(MAYOR&COUNCILMEMBERS
ONLY)
A. Flat Reimbursement for Local Expenses
The Mayor and City Council Members shall receive a flat monthly reimbursement of one hundred dollars ($100.00). This shall constitute full reimbursement for all City-related expenses incurred within the boundaries of the City, including but not limited to vehicle maintenance and mileage for personal automobile used for events in the City, local telephone calls and faxes using personal phone lines, meals, incidental expenses, etc. All such local expenses shall be the responsibility of the elected official who incurred the cost and shall not be paid by the City or submitted to the City for reimbursement, even if City-related expenses incurred within the City exceed the amount allowed under this paragraph. (Authority: Irwindale City Charter section 604; Irwindale Municipal Code section 2.04.031.)
B. Flat Reimbursement for Cell Phones
In addition to the reimbursement described above, the Mayor and City Council Members shall receive a flat monthly reimbursement of ninety dollars ($90.00) to defray the cost of maintaining a cell phone, wireless card, PDA or similar communication device to malce and receive City-related phone calls or e-mails. The Mayor and City Council Members are expected to be readily accessible by fueir cell phones in case the City Manager needs to reach him or her.
The billing address for cell phones maintained by the Mayor and City Council Members shall not be City Hall. All such local expenses shall be the responsibility of the elected official who incurred the cost and shall not be paid by the City or submitted to the City for reimbursement, even if City-related cell phone expenses exceed the amount allowed under this paragraph. (Authority: Irwindale City Charter section 604; Irwindale Municipal Code section 2.04.031.) Page I 3
V. AUTHORIZATION FOR REIMBURSABLE EVENTS AND ACTIVITIES A. General Policy
It is the policy of the City that no Employee/Official shall sustain personal monetary loss as a result of duties performed in the service of the City, as provided in this Reimbursement Policy. However, all expenditures and requests for reimbursement shall logically relate to the conduct of City business and shall be "necessary" to accomplish the purposes of such business and shall be "reasonable" in amount. Employees/Officials are expected to exercise good judgment and show proper regard for economy when incurring expenses in connection with official City business.
All expenses related to Employee/Official travel must be included in the budget.
Departments are required to forecast such travel costs and incorporate those costs into their budget proposals. Travel and training will only be approved if there are sufficient funds in the departmental budget.
Tlie most economical mode and class of transportation reasonably consistent with scheduling needs must be used.
The City Council of the City of Irwindale shall have authority to make the final decision regarding compliance with this policy for Appointed and Elected officials. The City Manager shall have authority to make the final decision regarding compliance with this policy for Employees.
B. Types of Reimbursable Activities
The types of events and activities that typically qualify an Employee/Official to receive reimbursement are included below. If there is an event or activity for which ru1 Employee/Official wishes reimbursement, and it is not described below, the Employee/Official should have the matter approved in advance by the City Council:
Page\ 4
1. Meetings with govetnnlent and business leaders.
2. Conferences, training, and educational trips, including visiting other govetnnlents and government officials.
3. Lobbying trips.
4. Communicating with regional, state and national government officials to advocate policy positions adopted by the City.
5. Attending seminars and workshops intended to improve the Employee/Official's skill and informational level
6. Participating or attending events organized by regional, state or national organizations or govetnnlental entities where the City has a direct interest.
I
I
7. Attending events within the City where the event is sponsored by an officially recognized City organization, association or club, where the official is an invited guest.
C. Types of Non-Reimbursable Activities
Any questions regarding the propriety of a particular expense should be resolved by the approving authority before the expense is incurred.
Examples of expenses the City will not reimburse include, but are not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Fanrily expenses, including partner's and/or children's expenses incurred when accompanying Official/Employee on City-related business;
4. Entertainment expenses, including alcohol, sightseeing, theater, movies (in-room or theater), sporting events (including golf, gym, and massage expenses) or other cultural events;
5. Non-mileage personal automobile expenses including repairs, traffic citations, insurance; and
6. Personal medical expenses or losses incurred while on City business.
VI. SPECIFIC REIMBURSABLE EXPENSES & PROTOCOL
A. The following protocols shall apply when incurring certain expenses while performing City-related business:
Page I 5
1. Authorization for Travel. Prior to committing the expenditure of City funds for travel, the Employee must obtain the approval of his or her department head, as well as the City Manager or designee on the approved travel request form. The duration of the meeting may be considered (with approval from the City Manager) in determining whether overnight lodging will be permitted.
Generally, meetings/conferences within 35 miles of the City will not require overnight lodging.
The request shall include an estimate of all expenses. A copy of the conference or meeting notice and agenda and registration form(s) are to be attached. Any special arrangements such as side trips or extra days for personal business should be included in the request.
Page I 6
All out-of-state travel, for either Officials or Employees, shall require City Council approval. Such approval shall be given on the City Council's (or relevant legislative body) Consent Calendar.
2. Air Travel. When traveling by air, travel should be by commercial airline in coach or tourist class accommodations. Reservations should be made far enough in advance to take advantage of available discounts. Increased fees related to late booking may be disallowed without a sound business reason.
Employees/Officials may pay to upgrade their airline accommodations at their own expense .
3. Private Automobile for Out-of-Town Travel. Employees/Officials will be reimbursed actual mileage for the use of their private cars in travel to and from designated place(s) on City business outside the City. The Employee/Official will be reimbursed at the standard mileage rate established in IRS guidelines.
4. Private Automobile for Local Travel. Provided an Employee is not issued a vehicle at City expense, Employee will be reimbursed actual mileage for the use of their private car for local travel (within 3 5 miles of City Hall) while conducting City business. If the Employee receives a fixed monthly automobile allowance, they will be reimbursed for the mileage beyond 35 miles. All travel will be reimbursed at the standard mileage rate established in IRS guidelines.
5. Garage and Parking Expenses. Expenses for necessary parking and storage of private vehicles may be authorized. Receipts or other evidence must be provided to obtain reimbursement.
6. Vehicle Rentals, Taxi, and Transit Fare. Out-of-town expenses for such transportation may be authorized where reasonable and necessary to conduct City business. Receipts or other evidence must be provided to obtain reimbursement. When vehicle rental is chosen over taxi or shuttle service, there should be a business reason or economic benefit to the City to support the rental decision, and such business reason or economic benefit shall be identified on the travel authorization to be approved in advance. A cost estimate for any vehicle rental shall also be included with the travel authorization. Attempts should be made to acquire the lowest rate through competitive shopping and advance reservations.
7. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Whenever possible, Employees/Officials are encouraged to use lower cost lodging in order to minimize the cost to the City, unless doing so will be inefficient and/or uneconomical. Local lodging, defined as less than 3 5 miles from City Hall, will generally not be reimbursed.
(a) Conferences. If such lodging is in connection with a conference, Employees/Officials are expected to utilize the conference lodging at the group rate published by the conference sponsor. If other I
~
Page J 7
lodging accommodations are used, the City shall pay/reimburse only up to the amount of the conference group rate.
If a conference starts by 9:00 a.m., the attendee may be allowed to begin the trip one day earlier, with costs for the extra day paid by the City, upon approval of the City Manager.
(b) Other Lodging. Employees/Officials must request government rates, when available. A listing of hotels offering rates in different areas is available through the State of California's "Lodging Guide Program." Lodging rates that are equal to or less than comparable government rates are presumed to be reasonable and reimbursable for the purposes of this policy.
8. Meals and Incidentals. Reasonable and customary expenses for meals are authorized for Employees/Officials as required to conduct official City duties.
Employees/Officials traveling on City business shall be entitled to reimbursement of expenses incmTed for necessary meals not to exceed breakfast, lunch, and dinner in any one day. Detailed receipts, listing the items purchased, are required for all reimbursable expenses.
Employees/Officials shall be reimbm·sed for meals and incidental expenses at a maximum rate as allowed under the annually-published US GSA rate table by location. (see Attachment A hereto for the USGSA rates for select destinations in California for Fiscal Year 2016). The Maximum Daily Allowance shall be reduced as described below for less than full days. If a full meal is provided as part of the meeting, conference, event, or training session, appropriate deductions must be made from the meal allowance.
Reimbursement for meals not incurred as part of ont-of-town or overnight travel are limited to activities outside normal duties, snch as business-related meetings held before or after regular worldng hours (including worldng lunches where this is the only time available).
Meal reimbursements are not allowed as part ofroutine daily work assignments or training within City limits, unless part of the registration cost, or the meal is served on site as part of the program to keep all participants together and not have them disperse for meals.
Meals incurred during training held outside City limits are only allowable when the training (including travel time) spans the normal meal period. For example, if training is held outside the City limited from 9:00 a.m. to 10:30 a.m. at a location that is an hour away from the City Hall, meal costs for lunch would not be reimbursable. However, if the training is held from 9:00 a.m. to 3:00 p.m., the meal would be reimbursable. ·
Page I 8
The amount to be reimbursed for meal costs in these circumstances is subject to the City's meal cost guidelines for overnight travel. (See Attachment B for the breakdown of the Maximum Daily Allowance for each meal) In order to determine the amount of the Maximum Daily Allowance for less than full days of out-of-town travel, the following shall be used to determine the partial day allowance for meals:
Departure:
(a) After 8 a.m. - Deduct breakfast
(b) After 1 p.m. - Deduct breakfast and lunch
(c) After 7 p.m. - No meal allowance
Re tum:
(a) After 8 a.m. - Claim breakfast
(b) After 1 p.m. - Claim brealcfast and lunch
( c) After 7 p.m. - Claim full meal allowance
9. Reimbursement of Travel Expenses. Employees/Officials shall submit expense reports within a reasonable time after incurring the expense, not to exceed 30 days, and the reports shall be accompanied by the receipts documenting each expense. All Expense Repotis shall be submitted to the City Manager for review and approval.
Documentation should include, if applicable:
(a) All meal receipts
(b) Hotelreceipt
( c) Conference brochure
(d) Meeting agenda
( e) Trip or meeting purpose
(:!) Taxi, shuttle, airfare, parking receipts
10. Tips and Gratuities. Reasonable expenses for tips and gratuities (not to exceed 18%) are allowable for meals, hotel, and transportation purposes.
11. Registration Fees. Conference/meeting registration fees qualify for reimbursement. The City will pre-pay conference registrations prior to the date of the event In cases where early registration is not possible, a receipt or registration form illustrating the fee amount must be provided with the reimbursement request. In all cases, a brochure or registration document must accompany the payment voucher.
Registration fees will be paid directly to the conference organization for the expenses indicated on the published information attached to the approved travel request. Any deadlines for receipt of the registration fee should be prominently noted on the face of the request to assure timely payment. Advance registration discounts are to be taken advantage of where possible.
12. Telephone. Internet Access, and Fax. Telephone, internet access and fax expenses may be inculTed only for the conduct of City business.
13. No Shows/Late Cancellation. If an Employee/Official is unable to attend a planned trip, including a conference or general business meeting, it is the Employee/Official's responsibility to provide early notice in order to obtain all refunds possible.
14. Public Trip/Meeting Report. Upon return from a reimbursable event, an Elected Official shall provide a brief report on meetings attended at the next meeting of the City Council (or relevant legislative body). It is anticipated that routine meetings may be addressed in writing on the consent calendar of the agenda.
15. Miscellaneous. All items of expense otherwise unclassified shall be considered in this category. Examples of such expenses which may be authorized are duplicating expenses and the cost of publications of value to the City. Other expenses as necessary when traveling on City business may be allowed and should be included within this classification when requesting reimbursement.
VII. EXCEPTIONS
There shall be no exceptions to this policy. To the extent this policy conflicts with any other policy or procedure previously approved by the City, this policy shall prevail. Otherwise, this policy is intended to supplement and be read in conjunction with other policies and rules in existence at the time this policy is adopted.
VIII. RECORDKEEPING
A. All expenses submitted for reimbursement shall be sufficiently described as to the nature of the expense.
B. Receipts must be provided for each individual expense. If a reimbursable expense is incurred for which no receipt is given or where the receipt is lost or stolen, the Employee/Official requesting reimbursement must provide other evidence, such as a verified statement with description oftbe expense. Expense reimbursements should be itemized and presented to the Finance Director on a form approved by the City Manager.
C. All expenditures are public records subject to disclosure under the Public Records Act.
Page I 9
IX. VIOLATIONS OF TIDS POLICY AND ENFORCEMENT AUTHORITY A. Violations. Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City reporting the expenses as income to county, state and/or federal authorities'
4. Prosecution for misuse of public resources;
5. Disciplinary action, up to and including termination, where applicable, dependent on upon the severity and frequency.
B. Enforcement Authority. It shall be the duty and responsibility of the City Council to enforce the provisions of this policy with regards to Elected and Appointed Officials. It shall be the duty and responsibility of the City Manager to enforce the provisions of this policy with regards to Employees.
C. Compliance with the Laws. Elected and Appointed Officials and Employees should recognize that some expenditures may be subject to reporting under the Political Reform Act and/or other laws or may be prohibited altogether. All City expenditures are public records subject to disclosure under the Public Records Act.
Page\ 10
I
I
ATTACHMENT "A"
United States General Services
Administration Per Diem Rates for
California Cities for Fiscal Year 2016
Primary Destination M&IE*
Bakersfield $ 59
Barstow I Ontario I Victorville $ 54
Fresno $ 64
Los Angeles $ 64
Modesto $ 51
Monterey $ 74
Oaldand $ 69
Palm Springs $ 64
Sacramento $ 64
SanDie1ro $ 64
San Francisco $ 74
San Luis Obispo $ 64
San Mateo I Foster City I Belmont $ 69
Santa Barbara $ 74
Santa Cruz $ 59
Santa Monica $ 64
Stockton $ 64
*M & IE (Miscellaneous & Incidental Expenses)
Other per diem rates can be found at the United States General Services Administration website (www.gsa.gov)
Page\ 11
ATTACHMENT "B"
United States General Services Administration Meals and Incidental Expenses Breakdown for Fiscal Year 2016
Total Breakfast Lunch Dinner IE
- $51 $11 $12 $23 $5
$54 $12 $13 $24 $5
$59 $13 $15 $26 $5
$64 $15 $16 $28 $5
$69 $16 $17 $31 $5
$74 $17 $18 $34 $5
USGSA Meals and Incidental Expenses Breakdowns for other years can be found at the USGSA website (www.gsa.gov).
ATTACHMENT "C"
Sample Credit Card Receipts
NOT ACCEPTABLE
(credit card total only}
Customer Copy
Casa Moreno
MllXICAN RESTAURANT llAR II. GRILL
223 H. C1trus Ave
Covina, CA 91723
(626) 339-9496
Date/Time:(
Order N.umber:lB:
EDC Tran 10:0023
server :Martha R
Table:4
Card Humber:***********~
Card Type: Visa
Cardholder Name:·
Approval Code:040509
Reference Number:0023
Subtotal: $20.BB
Tax: $1.88
Gratuity (1f added): $0.00
Page I 13
TOTAL: $11.38
3--'
Grand Tota 1; J Cf~ .. '"5?J
ACCEPTABLE
(Includes order detail)
tTONfflld
,, . GRILL
F-0092 TABLE ii 28
ANDREA F SvrCk: 14
DINE IN
Takeout Left (#4)
1 Petite South/Borner 6.99
1 Beverage Special 1.69
SUb Total: 8.68
Tax: 0.78
09/06 12:32 TOT AL.: 9. 4fi
m tips are divided amrn•"<l all non~supervisorY team members! We thank yau! t
473 N • Rosemead Blvd
Pasadena, CA 91107
www.sfonefiregri11.com
YOUR # IS>>>; 28
AMHENO TIP/CHNG TALLY
VISA
(Rec:67) Memo:
9.46 09/06/13 12:31
AMOREA F
11.46 2.00 9.46
9.46 General Instructions for Completing the City of Irwindale Travel Authorization Form, and the City of Irwindale Travel Expense and Reconciliation to Travel Advance Report
The Travel Authorization ("TA") and the Travel Expense and Reconciliation to Travel Advance Report ("Travel Expense Report") are to assist in insuring that travel by City Employees and Officials is conducted in accordance with the City of ltwindale Expense Reimbursement Policy.
The following charts and tables provide an overview of the City's travel procedures, instructions for completing the TA and Travel Expense Report forms, and completed samples.
OVERVIEW OF TRAVEL PROCEDURES
Step 1 - Travel Authorization
Who What
Traveler • Consult with Department Head on the need for travel . • Plan itinerary, transportation, and lodging .
• Complete Travel Authorization (TA) form and Supporting Detail form and attach all sunnorting documents.
Department Head • Review TA for conformance with City travel guidelines and department priorities.
• Verify that adequate funding exists in the appropriate travel budget to cover all costs.
• Annrove TA and forward to the City Manager for approval .
City Manager • Review TA and approve or disapprove and return to the Department Head
Department Head • If approved malce travel arrangements . • Malce copy for your records and forward the TA and all supporting documents to Finance Department for processing not later than the Monday before the Thursday when the check is to be issued.
Finance • Issue travel advance check to Employee/Official and issue check(s) to third party vendor, if any requested.
• Have traveler sign Agreement with City of Irwindale to Complete the Traveler Expense and Reconciliation to Travel Advance prior to releasing the travel advance to traveler.
• File TA in Employee's/Official's vendor file and copy in the Finance travel folder.
Traveler • It is the traveler's responsibility to pick up their travel advance from the Finance Department on Thmsday after 5 p.m., when the processing of the demand warrant register is normally expected to have been completed.
Page I 14
Step 2 - Travel Expense Reporting
Who What
Traveler • Complete and submit Travel Expense Report accounting for all expenses to the Department Head. Attach all required receipts. • Sign report attesting to its accuracy .
• Attached a check or money order if a balance is due to the City . • Forward to Department Head
Department Head • Review expense report for conformance with City Expense Reimbursement policy.
• Verify accuracy of balances and disposition .
• Approve Travel Expense report and forward to the City Manager wi1hln 30 days of when the expenses were incurred.
City Manager • Review Travel Expense report for conformance with City Expense Reimbursement policy.
• Approve Travel Expense report .
• Forward to Finance Denartment for processinl2' .
Finance • Review Travel Expense report for accuracy and conformance with City travel guidelines.
• Process any payment due to the Employee/Official if requested . • File Travel Expense report in Employee's/Official's vendor file and a copy in travel folder.
COMPLETING THE TRAVEL AUTHORIZATION l<'ORM
The TA form summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for travel advances, vendor payments, and credit card purchases. The TA form is the mechanism by which travel expenses are to be submitted for review and approval.
Completing the form itself is largely self-explanatory, and a completed sample is provided for your information.
The TA form is organized into five major sections:
1. General lnfomiation. Identifies who is going, where the meeting or conference will be held, how long the Employee/Official will be gone, how much it will cost, and the account number in which funds for the travel have been budgeted and are available.
2. Purpose. Describes the reason for the trip.
3. Cost and Payment Summary. Outlines the estimated cost of the trip by expense type (registration, transportation, lodging, meals, mileage; spaces are provided to add categories not pre-listed), vendors to whom payment will be made (including travel advances to the Employee/Official), method of payment (voucher, purchase order, credit card), and arnmmt. A summary is then provided of the payments to be made to the Employee/Official, vendors, or by credit card. The back of the TA form should be Page I 15
completed and appropriate vouches, purchase orders or credit card charges should be attached to the TA when it is submitted to Finance for processing.
4. Itinerary. Summarizes when and where the Employee/Official will be traveling.
5. Approvals. Provides a signature box for the Employee/Official, the department head, and the City Manager.
COMPLETING THE TRAVEL EXPENSE REPORT
The Travel Expense Report is for reporting actual expenses incurred upon completion of travel and reconciling the total expense amount to any travel advance issued to the Employee/ Official.
The Travel Expense Report is organized into five major sections:
1. General Information. Identifies who has gone, where the meeting or conference was held, how long the Employee/Official was gone.
2. Actual Expense Detail. Itemizes actual expenses by type for each day of travel (space is provided for dates, expense categories, and additional unlisted expense categories).
3. Mileage Detail-Personal Vehicle. Summarizes miles traveled if you were authorized to use a personal vehicle for the travel.
4. Reimbursable Travel Expense Summary. Totals expenses for the travel and reconciles them with any travel advance received, resulting in either a balance due to the Employee/Official or due to the City.
5. Approvals. Provides a signature box for the Employee/Official, the department head and the City Manager. After all signatures are acquired the Travel Expense and Reconciliation to Travel Advance Report are to be forwarded to Finance to be processed.
Sample Reports
Travel Authorization
Supporting Detail to Cost Summary of Travel Authorization Travel Expense and Reconciliation to Travel Authorization Pagel 17
CITY OF IRWINDALE
TRAVEL AUTHORIZATION
This form should be completed in legible handwriting or typewritten.
I Employee I Department
I Destination I No. of Days
PURPOSE
COST SUMMARY
Description Vendor
Registration
Air fare
Lodging
Meals
Mileage-personal vehicle
PAYMENT SUMMARY
Travel advance to Employee
Direct Vendor Payments
I Position
Account No. $Amount
Pavment Method $Amount
TOTAL
$
$
TOTAL $
fTINERARY (Attach co ofitinerary
De arture Date De arture"'Tc.-im-e~-,-----=R:--ec-tnrn-=D-atc-e---,---=R-etnrn--T=llllo-. -e----, Employee Date Department Head Date
City Manager Date
T:\Travel\Travel Authorization and Reconciliation Forms 2016.doc Page 1 of3
CITY OF IRWINDALE
SUPPORTING DETAIL TO COST SUMMARY OF TRAVEL AUTHORIZATION T rave I Ad vance R equeste df or M ea I s au d In c1 "d en t a IE X' 1enses Date Total Per
Category
Breakfast
Lunch
Dinner
Incidentals
Total Per Day
Mil eae:e R. b enn ursement f or T rave lbP"tlO y r1va e1v wne dV e h" re I e Departure/Return Date Destination Trio Miles
.
Total miles-personal vehicle
Reimbursement using current IRS mileage rate @ .540 cents per mile 0th er E xpenses --
Insert Summary dollar amounts and data on to the Cost Summary section on the Travel Authorization Form.
T:\Travel\Travel Authorization and Reconciliation Fonns 2016.doc Page2 of3
CITY OF IRWINDALE
TRAVEL EXPENSE AND RECONCILIATION TO TRAVEL ADVANCE REPORT This form should be comnleted in le12:ible handwriting or tvnewritten.
Employee Department I Position
I
I Purpose/Destination Date of Travel
REIMBURSABLE EXPENSE DETAIL
Description Date $Total
Registration
Air fare
Lodging .. Breakfast
Lunch
Dinner
Olher - water
Incidentals
Parking
* Included in registration Receipts for each expensed item must be attached TOTAL
MILEAGE DETAIL-PERSONAL VEIDCLE
Departure/Retnm Date Destination Trio Miles
··-
Total miles-personal vehicle
Reimbursement using cunent IRS mileage rate @ .540 cents per mile $
REIMBURSABLE TRAVEL EXPENSE SUMMARY
By signing !his expense report, Total Travel Expense
lhe employee certifies 1hat 1he
ammmts listed were incurred in - Total Paid to Vendor
conformance with the City's
Cash Advance to Council/Employee travel guidelines and 1hat no part - is claimed for reimbursement of a ( ) Amount due employee personal nature. ( ) Amount due City
Employee Date I Department Head Date
I
City Manager Date
T:\Travel\Travel Authorization and Reconciliation Fonns 2016,doc Page3 of3 SA Item 1A1
IRWINDALE CITY COUNCIL CHAMBEf S
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
OCTOBER 13, 2021
WEDNESDAY
11:15 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA
CONSENT CALENDAR
MOTION
ITEM NO. 1A1
MINUTES
ITEM NO. 1B
WARRANTS
ITEM NO. 1C
RATIFICATION OF
CITY COUNCIL
RESOLUTION
RESOLUTION NO.
HA 2021-92-3304
ADOPTED
Present: Councilmembers Albert F. Ambriz,
Mayor Pro Tern Larry G. Burrola, Mayor H. Manuel Ortiz
Absent: Councilmembers Mark A. Breceda and Manuel R. Garcia
Present: William Tam, City Manager; Theresa Olivares, Assistant City Manager; Adrian Guerra, City Attorney; Ty Henshaw, Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; Eva Carreon, Finance Director I City Treasurer; Jeanette Duran, Finance Manager; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Deputy City Clerk
Dena Zepeda thanked the City Council.
A motion was made by Mayor Pro Tern Burrola, seconded by Councilmember Ambriz, to approve Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
MINUTES
None for approval
WARRANTS
None for approval
RATIFICATION OF CITY COUNCIL RESOLUTION 2021-86-3298
(Joint Item with HA Item 1 C)
Resolution No. SA 2021-92-3304, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL ACTING AS
IRWINDALE SUCCESSOR AGENCY AND BOARD OF THE
IRWINDALE HOUSING AUTHORITY RATIFYING RESOLUTION
NO. 2021-86-3298 OF THE CITY OF IRWINDALE, CALIFORNIA,
SUCCESSOR AGENCY MINUTES
REGULAR MEETING
OCTOBER 13, 2021
PAGE2
RE-RATIFYING THE PROCLAMATION OF A STATE OF
EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,
AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF
IRWINDALE FOR THE 30-DAY PERIOD BEGINNING OCTOBER 1,
2021, THROUGH OCTOBER 30, 2021, PURSUANT TO THE RALPH
M. BROWN ACT AND ASSEMBLY BILL NO. 361," was adopted.
END OF CONSENT CALENDAR
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
None.
None.
There being no further business to conduct, the meeting was adjourned at 11:18 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
SA Item 1A2 NOVEMBER 10, 2021
WEDNESDAY
9:22 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
ART TAPIA
CONSENT CALENDAR
MOTION
ITEM NO. 1A1
MINUTES
ITEM NO. 1B
WARRANTS
ITEM N0.1C
A RESOLUTION TO
RE-RATIFY THE
EXISTENCE OF A
LOCAL EMERGENCY
LEGISLATIVE
BODIES OF THE CITY
Present: Councilmembers Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia; Mayor Pro Tern Larry G. Burrola,
Mayor H. Manuel Ortiz
Present: William Tam, City Manager; Theresa Olivares, Assistant City Manager; Adrian Guerra, City Attorney; Robert Avila, Police Sergeant; Arsanious Hanna, Director of Engineering I Building Official; Eva Carreon, Finance Director I City Treasurer; Jeanette Duran, Finance Manager; Marilyn Simpson, Community
Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Deputy City Clerk
Art Tapia submitted a written request to invite Mr. Dan Diaz, former Chairman of the Parks & Recreation Commission, to the annual Employee Christmas Luncheon.
A motion was made by Mayor Pro Tern Burrola, seconded by Mayor Ortiz, to approve Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Regular meeting held September 8, 2021
2) Regular meeting held September 22, 2021
WARRANTS
The warrants were approved.
A RESOLUTION TO RE-RATIFY THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZE REMOTE HYBRID MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR
THE MONTH OF DECEMBER 2021
AND AUTHORIZE REMOTE HYBRID MEETINGS OF THE
SUCCESSOR AGENCY MINUTES
REGULAR MEETING
NOVEMBER 10, 2021
PAGE2
OF IRWINDALE FOR
THE MONTH OF
DECEMBER 2021
RESOLUTION NO.
SA 2021-101-3313
ADOPTED
Resolution No. SA 2021-101-3313, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF
THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,
CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,
AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING DECEMBER 1, 2021, THROUGH
DECEMBER 30, 2021, PURSUANT TO THE RALPH M. BROWN
ACT AND ASSEMBLY BILL NO. 361," was adopted.
END OF CONSENT CALENDAR
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
None.
None.
There being no further business to conduct, the meeting was adjourned at 9:23 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
CheckNo Vendor No
75679 USBANK03
Vendor Name
US Bank Trust N.A.
SA Item 1B
IRWINDALE
Check Date
12/09/2021
Report Total (1 checks):
Check Amount
3,850.00
3,850.00
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Check No Vendor No
75712 LANCES
Vendor Name
Lance, Soll & Lunghard LLP
IRWINDALE
Check Date
12/15/2021
Report Total (! checks):
Check Amount
5,979.00
5,979.00
HA Item 1A1
IRWINDALE CITY COUNCIL CHAM' ERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
OCTOBER 13, 2021
WEDNESDAY
5:30 P.M.
The Irwindale HOUSING AUTHORITY met in special session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
RECESS TO
CLOSED SESSION
ADJOURNMENT
Present: Board Members Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia; Vice Chair Larry G. Burrola;
Chair H. Manuel Ortiz
Present: William Tam, Executive Director; and Adrian Guerra, Board Attorney
None.
At 5:32 p.m., the Housing Authority met in Closed Session to discuss the following:
Public Employee Performance Evaluation (City Council and Housing Authority Item)
Pursuant to Government Code Section 54957 (b)(1)
Title: City Manager I Executive Director of the Housing Authority ACTION: Discussion held; no reportable action taken.
There being no further business to conduct, the meeting was adjourned at 6:32 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
HA Item 1A2 OCTOBER 13, 2021
WEDNESDAY
6:45 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA
BOARD MEMBER
GARCIA
CARMEN ROMAN
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
ITEM NO. 1B
CONSIDERATION OF
APPROVALSUBORDINATION OF
Present: Board Members Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Vice Chair Larry G. Burrola; Chair H. Manuel Ortiz Also present: William Tam, Executive Director; Theresa Olivares, Assistant Executive Director; Adrian Guerra, Board Attorney; Robert Avila, Police Sergeant; Arsanious Hanna, Director of Engineering I Building Official; Eva Carreon, Finance Director I City Treasurer; Jeanette Duran, Finance Manager; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Assistant Authority Secretary Dena Zepeda made allegations of improprieties and corruption of housing staff. She also made allegations that the former Board Attorney is conspiring with housing staff and that the Northridge Management group, which manages the Las Casitas senior
apartments, is abusive to seniors.
Board Member Garcia asked whether members of the public could be requested to refer to city staff by their positions rather than their names.
Carmen Roman made allegations of inadequate repairs at Las Casitas apartments and made allegations of illegal activity by city staff.
A motion was made by Vice Chair Burrola, seconded by Board Member Ambriz, to approve Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved; Board Member Breceda
abstaining on Item No. 1 B.
MINUTES
None for approval.
CONSIDERATION OF APPROVAL - SUBORDINATION OF HOME
PURCHASE LOAN AT 16135 PEPPERTREE LANE
1) The request by Jaime C. and Enedina H. Renteria for the
HOUSING AUTHORITY MINUTES
REGULAR MEETING
OCTOBER 13, 2021
PAGE2
HOME PURCHASE
LOAN AT 16135
PEPPERTREE LANE
ITEM NO. 1C
RATIFICATION OF
CITY COUNCIL
RESOLUTION
RESOLUTION NO.
HA 2021-05-104
ADOPTED
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
Housing Authority to subordinate its loan to a new loan made in a refinancing, subject to all conditions established by the Irwindale Community Redevelopment Agency Low & Moderate Home
Improvement Program (Substantial Rehabilitation Housing Improvement Program) dated May 23, 2007; was approved, and 2) the Executive Director was authorized to execute the Subordination Agreement subject to Authority Counsel approval as to form.
RATIFICATION OF CITY COUNCIL RESOLUTION 2021-86-3298
(Joint Item with SA Item 1C)
Resolution No. HA 2021-05-104, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL ACTING AS
IRWINDALE SUCCESSOR AGENCY AND BOARD OF THE
IRWINDALE HOUSING AUTHORITY RATIFYING RESOLUTION
NO. 2021-86-3298 OF THE CITY OF IRWINDALE, CALIFORNIA, RERATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING OCTOBER 1, 2021, THROUGH
OCTOBER 30, 2021, PURSUANT TO THE RALPH M. BROWN ACT
AND ASSEMBLY BILL NO. 361," was adopted.
None.
None.
There being no further business to conduct, the meeting was adjourned at 6:55 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
HA Item 1A3 NOVEMBER 10, 2021
WEDNESDAY
9:23 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
ITEM NO. 1B
A RESOLUTION TO
RE-RATIFY THE
EXISTENCE OF A
LOCAL EMERGENCY
AND AUTHORIZE
REMOTE HYBRID
MEETINGS OF THE
LEGISLATIVE BODIES
OF THE CITY OF
IRWINDALE FOR THE
MONTH OF
DECEMBER 2021
Present: Board Members Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Vice Chair Larry G. Burrola; Chair H. Manuel Ortiz Also present: William Tam, Executive Director; Theresa Olivares, Assistant Executive Director; Adrian Guerra, Board Attorney; Ty Henshaw, Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; Eva Carreon, Finance Director I City Treasurer; Jeanette Duran, Finance Manager; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Assistant Authority Secretary There were no speakers.
A motion was made by Board Member Breceda, seconded by Chair Ortiz, to approve Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Regular meeting held September 8, 2021
2) Regular meeting held September 22, 2021
A RESOLUTION TO RE-RATIFY THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZE REMOTE HYBRID MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR
THE MONTH OF DECEMBER 2021 (Joint Item on the City council and Successor Agency)
HOUSING AUTHORITY MINUTES
REGULAR MEETING
NOVEMBER 10, 2021
PAGE2
RESOLUTION NO.
HA 2021-07-106
ADOPTED
NEW BUSINESS
ITEM NO. 2A
UPDATE ON STATUS
OF LAS CASITAS
VACANCIES
DIRECTOR SIMPSON
ITEM NO. 2B
AMENDMENT TO THE
GUIDELINES,
POLICIES, AND
PROCEDURES FOR
SENIOR LOW I
MODERATE INCOME
HOUSING APARTMENT
RENT AL PROGRAM
BOARD MEMBER
BRECEDA
ASSISTANT BOARD
ATTORNEY TRAXLER
BOARD MEMBER
AMBRIZ
Resolution No. HA 2021-07-106, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF
THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,
CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,
AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING DECEMBER 1, 2021, THROUGH
DECEMBER 30, 2021, PURSUANT TO THE RALPH M. BROWN
ACT AND ASSEMBLY BILL NO. 361," was adopted.
UPDATE ON STATUS OF LAS CASITAS VACANCIES (verbal)
Director Simpson provided the update. She advised that, of the 58 applications distributed for the three vacant apartments, 37 were returned. Of those, 23 were complete and met the HA Board approved guidelines. However, some of the applicants did not fit into the existing criteria of the guidelines and, in order to rank the qualified applications, the Board would need to provide direction. This will be discussed in detail during the next agenda item.
AMENDMENT TO THE GUIDELINES, POLICIES, AND
PROCEDURES FOR SENIOR LOW/MODERATE INCOME
HOUSING APARTMENT RENTAL PROGRAM
Board Member Breceda declared a potential conflict of interest and exited the Council Chambers at 9:29 p.m.
Assistant Board Attorney Traxler presented the staff report.
Replying to several question by Board Member Ambriz, Assistant Board Attorney Traxler discussed the requirements under the Guidelines for Continuous Irwindale residents.
HOUSING AUTHORITY MINUTES
REGULAR MEETING
NOVEMBER 10, 2021
PAGE3
CHAIR ORTIZ
BOARD MEMBER
AMBRIZ
CHAIR ORTIZ
EXECUTIVE DIRECTOR
TAM
RESOLUTION NO.
HA 2021-08-107
ADOPTED
Board Member Ambriz suggested shortening the length of time that residents must prove residency through documents in order to qualify for Category A residency, from 15 years down to 5 years.
Chair Ortiz asked about utilizing affidavits under the guidelines, to which Assistant Board Attorney Traxler advised that affidavits could be utilized for any documentation that cannot be verified. She also noted that the documentation of 15 years of residency in order to be classified a Category A resident is applicable to all Irwindale housing programs.
In response to a question by Board Member Ambriz, Assistant Board Attorney Traxler advised that the three vacant apartment units have all been designated for extremely low-income households. She also advised that the complete removal of the moderate-income classification under this program would need to be negotiated with Northridge Management and implemented in the Disposition and Development Agreement as well as the Regulatory Agreement.
Board Member Ambriz asked whether the Board may discuss the purchase of the lease agreement with Northridge, to which Assistant Board Attorney Traxler indicated that it may not since it is not on the agenda. Board Member Ambriz requested that the matter be placed on the next agenda for discussion.
Chair Ortiz concurred with lowering the documentation requirement from 15 years to 5 years. He then asked whether this change would need to be relayed to the current applicants, to which Assistant Board Attorney Traxler advised that changing the guidelines that defines a Category A resident would cause staff to have to re-analyze and rescore the eligible applications, which would cause a delay.
Executive Director Tam reminded the Board that the purpose of this report was to take action that would permit staff to finalize the current application ranking process. The potential to change the residency requirements and the possible removal of eligibility of moderateincome households from the program would be addressed in the future.
Resolution No. HA 2021-08-107, entitled:
"A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
IRWINDALE HOUSING AUTHORITY APPROVING AN
AMENDMENT TO THE GUIDELINES, POLICIES AND
PROCEDURES FOR SENIOR LOW/MODERATE INCOME
HOUSING APARTMENT RENTAL PROGRAM," was passed,
approved, and adopted, with the addition of a "Priority 6" category of "None of the Above" under the Third Priority Criteria, and the Guidelines were amended to provide for an affidavit procedure
HOUSING AUTHORITY MINUTES
REGULAR MEETING
NOVEMBER 10, 2021
PAGE4
ITEM NO. 2C
CONSIDERATION OF
FINANCIAL ASPECTS
OF REQUEST FOR
PROPOSALS FOR
DEVELOPMENT OF
AFFORDABLE
HOUSING UNITS ON
SOUTHERN THREE
(3) ACRES OF LAND
LOCATED AT 5100
ALLEN DRIVE
ITEM NO. 2D
PROJECT
ACCEPTANCE AND
RATIFY THE
CONTRACT CHANGE
ORDERS FOR THE
MAYANS HOUSING
PROJECT PHASE 2,
PHASE 3,
AND PHASE4
whereby applicants may submit an affidavit to verify information under penalty of perjury in order to verify information that cannot be verified through documentation requested, and to provide for an administrative hearing procedure to determine applicant eligibility, if necessary, on the motion of Board Member Ambriz, seconded by Vice Chair Burrola, and unanimously approved.
CONSIDERATION OF FINANCIAL ASPECTS OF REQUEST FOR
PROPOSALS FOR DEVELOPMENT OF AFFORDABLE HOUSING
UNITS ON SOUTHERN THREE (3) ACRES OF LAND LOCATED AT
5100 ALLEN DRIVE
The Board reach consensus to continue this matter to the next meeting.
PROJECT ACCEPTANCE AND RATIFY THE CONTRACT CHANGE
ORDERS (CCOs) FOR THE MAYANS HOUSING PROJECT PHASE
2 (IRWINDALE AVENUE), PHASE 3 (BACA AVENUE) AND PHASE
4 (MOUNTAIN AVENUE I AMBRIZ STREET)
EXECUTIVE DIRECTOR Executive Director Tam presented the staff report.
TAM
CHAIR ORTIZ
MOTION
Replying to a question by Chair Ortiz, Executive Director Tam advised that the Housing Authority pays the fees for the construction as well as for change order items not included in the original project proposal.
Chair Ortiz also asked about the moneys that Mayans still owes, to which Executive Director Tam advised that the amount would be applied toward the closing costs of the final home. He added that the Finance Director will ensure that this is part of the conditions that must be met before the close of escrow.
A motion was made by Vice Chair Burrola, seconded by Chair Ortiz, to: 1) ratify the contract change orders for the Mayans Housing Project Phase 2 (Irwindale Avenue), Phase 3 (Baca Avenue), and Phase 4 (Mountain Avenue I Ambriz Street), and accept the project; 2) approve the final construction contract change orders 1 through 3 for Phase 2
HOUSING AUTHORITY MINUTES
REGULAR MEETING
NOVEMBER 10, 2021
PAGE5
PUBLIC HEARINGS
ADJOURNMENT
(Irwindale Avenue) in the amount of $167,315.00; 3) approve the final construction contract change order 4 for Phase 3 (Baca Avenue) in the amount of $19,229.00; 4) approve the final construction contract change order 5 for Phase 3 (Mountain Avenue I Ambriz Street) in the amount of $386,909.00; 5) accept a construction credit in the amount of $125,032.00 issued by California American Water for construction of a water main to service the seven new homes on Ambriz Street (Phase 4 Mountain Avenue); 6) authorize the Chief Authority Assistant Secretary to file the notice of completion; and 7) authorize the Finance Director to release the project retention amount, including the approved contract change orders, for the Mayans Housing Project Phase 2 (Irwindale Avenue), Phase 3 (Baca Avenue), and Phase 4 (Mountain Avenue I Ambriz Street) at the close of escrow of 704 Ambriz Street. The motion was unanimously approved, with Board Member Garcia abstaining and Board Member Breceda absent.
None.
There being no further business to conduct, the meeting was adjourned at 9:49 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary