Agenda — Irwindale City Council, April 13, 2022 (part 2 of 2)

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 social distancing amongst people not of the same household where vaccination status is unknown, 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 Qoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Qoint Resolution No. 2021- 100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106), December 8, 2021 Qoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- Resolution No. 2022-30-3280
Resolution No. SA 2022-31-3281
Resolution No. HA 2022-06-116

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3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Uoint Resolution No. 2022-02-3251, SA Resolution No. 2022-03-3252 and HA Resolution No. 2022-01-111), February 9, 2022 Uoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), and March 9, 2022 Uoint Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028) respectively the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board reviewed and declared an exemption under AB 361, allowing the legislative bodies 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.

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.

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council Successor Agency Board, and Housing Authority Board authorize staff to conduct remote 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 01005.0001/781541.1 Resolution No. 2022-30-3280
Resolution No. SA 2022-31-3281
Resolution No. HA 2022-06-116

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Chambers under the provisions of Government Code Section 54953(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 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:

Resolution No. 2022-30-3280
Resolution No. SA 2022-31-3281
Resolution No. HA 2022-06-116

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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 April 13, 2022 and shall be effective until the earlier of (i) May 13, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b}(3).

PASSED, APPROVED AND ADOPTED this 13th of April 2022.

Larry G. Burrola, Mayor/Chair
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
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. 2022-30-3280, Resolution No. SA 2022-31-3281, and Resolution No. HA 2022-06- 116 was duly adopted by the City Council of the City of Irwindale at a regular scheduled meeting thereof held on the 13th day of April 2022, by the following vote:

AYES: Councilmembers/Agency Members:

NOES: Councilmembers/Agency Members:

ABSTAIN: Councilmembers/Agency Members:
01005.0001/781541.1 Resolution No. 2022-30-3280
Resolution No. SA 2022-31-3281
Resolution No. HA 2022-06-116

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ABSENT: Councilmembers/Agency Members:

Resolution No. 2022-30-3280
Resolution No. SA 2022-31-3281
Resolution No. HA 2022-06-116

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Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Assembly Bill No. 361
CHAPTERl65
An 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 I I I 3 3 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor Septe1nber 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 defioed, be open and public and that all persons be permitted 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 1neetings 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 mandamus or injunction for the purpose of obtaining a judicial determination 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 requirements are met, the public members 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.

Tbis 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 measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present irmninent 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 of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public cormnent 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 hnposed or recormnended 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, witb 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 adininistration 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 telephon:ically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative 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 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 loca!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 amends 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) (1) 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 othe1wise 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 the 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:
(I) 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 legislative 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.
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 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 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 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 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 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 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 Government 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:
(I) 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 communication 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 Govermuent Code is amended to read:
92 Ch. 165 -8-
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, 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 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 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) (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 me1nber 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 3 511.1, 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.
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( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a 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 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 require1nents 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 committee has 12 or more members.
( e) (I) 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 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 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. 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 1neeting 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 persous to attend via a call-in option or an internet-based service option. This subparagraph shall not be consttued to require 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 1neeting 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 connnents to be submitted in advance of the meeting and must provide an oppo1iunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be consttued 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 co1mnent through the use of an internet website, or other online platfonn, 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 cmmnent 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 otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public cmmnent period that does not correspond to a specific agenda item shall not close the public comment period oi 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 reco1nmended measures to pro1note 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 pursuant to subparagraph (A), (B), or (C) of paragraph (I), 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 ofthis subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article l (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only nntil 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 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 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, counected 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.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a 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 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 92 -13- Ch.165

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 c01mnent. The agenda shall identify and iuclude 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 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 nntil 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 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, 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 otherwise 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. (3) If a state of emergency remains active, or state or local officials have iinposed or reconnnended measures 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 pursuant to subparagraph (A), (B ), or ( C) of paragraph (I), 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 (commencing with Section 8550) of Chapter 7 of Division I of Title 2).
(f) This section shall remain in effect only until January I, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Goverrunent 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 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 law, 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 1natter 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 1neetings 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 paiiicipate 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 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 1neans, 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 smmnary 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 reco1nmendation.
( d) ( 1) Notwithstanding the provisions relating to a qnorurn in paragraph (3) of subdivision (b ), if a 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 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 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 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 committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Goverrnnent 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 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) (1) 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 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 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 recommendation.
( d) ( 1) 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 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 92 Ch.165 -18-
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 if the advisory committee has 12 or more 1nembers. (e) This section shall become operative January l, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Govermnent 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 Section 54953 of the Govermnent Code, as amended by Sections 3 and 4 of this bil!, 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 enhance public access to state and local agency meetings during the COVID-19 pandemic and 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 Govermnent 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 and notice requirements allowing for greater public paiiicipation 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 servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares that Section I ofthis act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) 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 the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings 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 this act take effect immediately. 0 92
Attachment "A"
RESOLUTION 2022-23-3273

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to an outbreak of a respiratory illness known as a coronavirus ("COVID-19"); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors declared a local and public health emergency in response to the increased spread of COVID-19 across the country; and
WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 2020-18- 3178, pursuant to Chapter 2.44 of the Irwindale Municipal Code, confirming the proclamation of the existence of a local emergency due to COVID-19, as declared by the City's Director of Emergency Services on March 12, 2020; and
WHEREAS, On May 13, 2020 (Resolution No. 2020-32-3137), July 22, 2020 (Resolution No. 2020-58-3218), September 9, 2020 (Resolution No. 2020-71-3231), October 28, 2020 (Resolution No. 2020-81-3241), January 10, 2021 (Resolution No. 2021-02-3264), March 10, 2021 (Resolution No. 2021-22-3234), April 28, 2021 (Resolution No. 2021-26- 3248), June 23, 2021 (Resolution No. 2021-57-3269), and August 25, 2021 (Resolution No. 2021-70-3282), October 13, 2021 (Resolution No. 2021-90-3302), December 8, 2021 (Resolution No. 2021-124-3246), and January 26, 2022 (Resolution No. 2022-08-3257), the City Council reviewed and extended the local emergency due to the continued existence of conditions of extreme peril caused by the effects of COVID-19; and WHEREAS, after consideration of all items before it, the City Council of the City of Irwindale desires to extend the existence of a local emergency related to the COVID-19 Pandemic for 60 days to continue to make resources available to address the continuing effects of COVI D-19.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals are true and incorporated as findings herein.

SECTION 2. The City Council does hereby extend the City's proclamation of local emergency due to COVID-19, as last ratified by the City Council in Resolution No. 2022-08- 3257 on January 26, 2022, for a period of 60 days.
01005.00011743359.1 Resolution No. 2022-23-3273

Page 1 ends

SECTION 3. For the duration of the statewide emergency, Governor Newsom has waived the requirement of Government Code Section 8630 that the City Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. If this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for City Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable.

The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, parts, or portions thereof be declared invalid or unconstitutional.

SECTION 5. This Resolution shall take effect immediately and shall be published and promulgated in a widespread manner as is reasonably feasible under the conditions prevailing during this local emergency. A copy of this Resolution shall be forwarded to the Los Angeles County Operational Area Coordinator for transmission to California Emergency Management Agency.

PASSED, APPROVED, AND ADOPTED this 9th day of March 2022 . . Nieto, MMC
eputy City Clerk
Resolution No. 2022-23-3273

Page 2 ends

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 Resolution No. 2022-23-3273 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 9th day of March 2022 by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
01 005.000117 43359.1
Ambriz, Breceda, Garcia, Ortiz, Mayor Burrola
None
None
None
Resolution No. 2022-23-3273
Page3
The following information is to help people understand who is most at risk of getting infected and sick from COVID-19 and which situations are riskier. It outlines what steps people can take to stay safe and slow the spread of COVID-19.

To see what the current LA County community COVID-19 level is click here.

People who are not vaccinated are at the highest risk of getting infected with COVID-19. Unvaccinated adults who are older or who have certain medical conditions are at highest risk of severe COVID-19 disease. In addition, some people with severely weakened immune systems can get very sick from COVID-19 even if they are vaccinated.

Most people who are fully vaccinated are well protected from getting very sick and dying from COVID-19. Booster doses provide added protection. When vaccinated people get infected with COVID-19, they usually get mild symptoms, if any. But they can still spread the virus to other people. '*':1t;:11;a1ns;c.1~tf!i;JJ;j~1a1a&
Understanding how the COVID-19 virus is spread is important. It will help you to assess your risk and take steps to protect yourself in different situations.

The virus spreads from person to person mainly through respiratory droplets that are released into the air by a person who has COVID-19. For example, when they speak, sing, cough, shout, sneeze, or breathe heavily. These droplets are then breathed in by other people or land on their eyes, nose, or mouth. A person's risk of getting infected goes up the closer they are to someone with COVID-19. Enclosed places with poor air flow can also increase the risk of getting infected. This is because the droplets that have the virus can concentrate and spread in the air past 6 feet. They can even stay floating in the air after an infected person has left the room.

This is why masks are important. They lower the number of respiratory droplets people release into the air AND also the number that they breathe in.

It is also possible, but less common, for the virus to spread by touching a surface with droplets on it and then touching your eyes, nose, or mouth.

Knowing the level of spread in your area can help you decide what protective measures to take. Everyone needs to take extra precautions when the risk is high. When the risk is low, you can make decisions based on personal preference and comfort level. You should also consider your own level of risk and the level of risk to others in your household or workplace. Consider the following:
• Do you live with others who have a health condition that puts them at higher risk for severe illness from COVID?
Los Angeles County Department of Public Health
ph. lacounty.gov/ coronavirus
Reducing Risk Guidance (English) 3/4/22

Page 1 ends

.
'tt.· ..-.fFCOUMTY Of Los ANGEUS ':: · ".:: ~Public Health '•c,;:0-;;..-'
• Do you live with anyone who is unvaccinated? This includes young children who are not yet eligible for vaccines.
• Does anyone in your home work in a setting with vulnerable people who are at higher risk of severe illness from COVID?
To learn about the current situation in LA County, see COVID-19 community risk level.

There are certain places where COVID-19 spreads more easily • Closed spaces with poor air flow.
• Crowded places with many people nearby
• Close contact settings especially where people are talking (or breathing heavily) close together
1:t.l§ii•l;J@·l•t31;:11st1fi0lii0Wi·IV
•
•
•
•
•
•
•
Get vaccinated and get a booster when you are eligible. It is the best way to protect against COVID-19 (see Vaccination below).

Wear a mask that fits and filters well. See ph.lacounty.gov/masks for more information on the types of masks and mask wearing rules and recommendations in Los Angeles County. If you are at high risk for severe disease or if you are around people who are at high risk, it is very important to wear a highly effective mask indoors and in crowded outdoor places. Children under the age of 2 should not wear a mask.

Get medicine to prevent COVID-19. lfyou cannot receive a COVID-19 vaccine for medical reasons or your immune system is not strong enough to mount a response to the vaccine, talk to your doctor about treatment to help prevent you from getting COVID-19. See ph.lacounty.gov/covidmedicines for more information.

Avoid crowded places. Being in crowds, especially indoors, puts you at a higher risk. If you need to be indoors, try to go during non-peak hours and wear a more protective mask. Limit how long you are there.

Improve air flow. Go outside. Avoid indoor spaces with poor air flow as much as possible. Open windows and doors, use fans and portable air cleaners, run heating and air, and upgrade filters. (See CDC Improving Ventilation in Your Home.)
Choose outdoor spaces for social and fitness activities .

Get a COVID-19 viral test before gathering indoors with others who are not in your household. This is most important if you will be with people who are at high risk of severe illness, especially if you are not fully vaccinated and boosted or have been in crowded indoor places in the past two weeks. Visit ph.lacounty.gov/covidtests to learn more about when to get a test. • Keep your distance. Use two arms lengths as your guide (about 6 feet) for social distancing with people outside your household when you are not sure that they are vaccinated. • Socialize with the same set of friends and relatives rather than mixing with many different people who are not vaccinated.

Los Angeles County Department of Public Health
publichea lth.lacounty .gov /coronavirus
Reducing Risk Guidance (English) 3/4/22

Page 2 ends

·.,,,;....,..:'
• Be flexible. Be willing to change your plans or leave if you find yourself in a place where COVID-19 can spread more easily. For example, indoors in a loud crowded restaurant with a lot of people who are not wearing masks.
• Wash your hands and/or use hand sanitizer often - especially after being in public spaces where surfaces are touched by many people. Avoid eating and touching your face with unwashed hands. • Stay home when sick. If you have symptoms 1 of COVID-19, talk to a doctor, and get a test. You should stay home and away from others until you get the result of your COVID-19 test or until your provider tells you that you don't have COVID19. Contact a doctor right away if you are at high risk of getting very sick from COVID-19 and you test positive, even if your symptoms are mild. You may be eligible for medicines that help keep people with COVID-19 out of the hospital.

Don't delay: the medicines work best when they are given as soon as possible after symptoms start. To learn about symptoms and what to do if you are sick see ph.lacounty.gov/covidcare.
• Delay travel until you and the people you are traveling with are fully vaccinated and have received their booster, if eligible. Be sure to review and follow the CDC domestic and international travel guidance. See LAC DPH Travel Advisory and Guidance for more information.

VACCINATION
Vaccination is the best way to protect yourself and your loved ones from COVID-19. It will slow the spread of COVID-19 including variants of the virus.
• If you are already vaccinated, encourage your family, friends, coworkers, and neighbors to get vaccinated. This includes recommended additional doses or booster doses. See COVID-19 Vaccine Schedules.
• If you are not yet fully vaccinated, consider getting vaccinated now. Vaccines are safe, effective, and free to everyone regardless of immigration status. Talk with your doctor about any concerns.

Vaccines are widely available across LA without an appointment. Visit www.VaccinateLACounty.com to find a location near you. Call 1-833-540-0473 if you need help making an appointment, need transportation to a vaccination site, or are homebound. Phone lines are open from Barn to 8:30pm 7 days a week. Information is also available in many languages 24/7 by calling 2-1-1. 1 Symptoms may appear 2-14 days after being exposed to the virus and may include: fever or chills, cough, shortness of breath/difficulty breathing, new loss of taste or smell1 fatigue, runny or stuffy nose, muscle or body aches, headache1 sore throat, nausea or vomiting, and diarrhea. This list does not include all possible symptoms of COVID-19. Some people with COVID-19 never get symptoms. Visit ph.lacounty,gov/covidcare to learn more about what to do if you are sick.

Los Angeles County Department of Public Health
p ubl lchea Ith. I acou nty .gov/ co ron avi rus
Reducing Risk Guidance (English) 3/4/22

Page 3 ends

IZJCity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: April 13, 2022
City tJ/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 2C
Issue: Update Regarding the Parking Lots Located at 5223 and 5239 Morada Street City Manager's Recommendation:

1. City Council receive the update regarding the parking lots located at 5223 and 5239 Morada Street.

2. Provide direction to staff regarding signage at the Site.

Administrative Action:

Submitted I Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Jeanette Duran,
Interim Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Electronically Approved
As requested by Councilmember Ortiz, on March 9, 2022, staff provided a verbal update regarding public parking at the two City-owned properties located at 5223 and 5239 Morada Street (Site). Atthis meeting staff indicated that this matter required direction from the City Council and would be considered by the Council at its regularly scheduled April 13, 2022 meeting. Pursuant to the Amended and Restated ODA between the Housing Authority and Panattoni Development, Panattoni is required to improve the Site with parking lots for the benefit of the City. Panattoni has made the necessary improvement to the Site and staff requests the City Council to provide direction regarding the signage.

Page 1 ends

Since the last update, an application has been submitted to SCE for power connection to the Site. SCE's estimated installation response is 4-6 weeks. Staff will provide additional updates as the installation date is confirmed by SCE.

In preparation of utilization of the Site by the public, it is now appropriate for the Council to discuss and provide direction regarding the parking of vehicles at the Site. Staff understands that this Site is to be used by the individuals who reside on Morada Street, guests of the Morada street residents, and guests attending events at the Our Lady of Guadalupe Mission. Identifying the prohibited uses at the Site will enable the Irwindale Police Department to enforce and cite violators. Staff recommends the signage include the following, at a minimum: Per IMC Section 10.28.190, no parking between the hours of 12 am -5 am
If it were the Council's desires to prohibit oversize vehicle parking and auto repairs, the IMC would need to be amended, in order for this to be enforceable by the Police Department. If this is the Council's desire, then the City Attorney's office will need to research this matter.

Staff requests the City Council to provide direction regarding the signage language for the Site.

Fiscal Impact:

Funds are available in the FY 2021-2022 budget for the purchase and installation of the signs at the Site.

Page2
12lCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: April 13, 2022
City of

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Theresa Olivares, Assistant City Manager
Issue: Update on Organizations Requesting a Fireworks Stand City Manager's Recommendation:

CC Item 2b

1. Receive an update on Northview High School's Athletic Department Request to amend the Irwindale Municipal Code to consider the Athletic Department as an eligible organization to conduct fireworks sales in the City of Irwindale.

2. Discuss and provide direction on the Covina Vikings Youth Football and Cheer organization's request to allow the Covina Vikings Youth Football and Cheer organization to sell fireworks in the City of Irwindale.

Administrative Action:

Submitted I Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Jeanette Duran,
Interim Finance Director I City Treasurer
Approved by:

Theresa Olivares, Assistant City Manager
Background and Analysis:

Electronically Approved
The City of Irwindale has received two separate requests to allow organizations located outside of the City to conduct fireworks sales in the City of Irwindale: (1) Northview High School (NHS), and (2) Covina Vikings Youth Football and Cheer (CYFC).

Northview High School
On March 9, 2022, the City Council authorized staff and the City Attorney's office to prepare an amendment to the Irwindale Municipal Code (IMC) Section 8.16 to reflect the addition of NHS as an organization permitted to conduct fireworks sales in the City of Irwindale, waiving the minimum one-year establishment period. Staff has been in communication with the NHS Athletic Directors and the Covina Valley Unified School

Page 1 ends

District (District), requesting the name of the organization to be stated in the IMC amendment. Staff has informed the school representatives that the name identified in the IMC will need to be the name that appears on the fireworks application, State Board of Equalization Seller's Permit, and evidence of insurance.

On April 6, 2022, staff was informed by the District that additional time is needed to identify the name of the organization to include in the IMC, indicating that the district was not aware of an existing non-profit organization at NHS that could be used for this purpose.

The District is aware that a non-profit organization is not a requirement of the City, and is determining how it would like to proceed. Therefore, District is requesting the Council authorize additional time to determine the entity that will be responsible forthe application, seller's permit, and insurance. The District recognizes that this request will not allow NHS conduct fireworks sales in 2022 and would like to preserve its ability to sell fireworks in 2023, indicating that the District will continue to work with staff and the City Attorney to identify the proper entity. The direction received by the City Council on March 9, 2022, was to amend IMC Section 8.16 to include Northview High School sports program, and since the District is requesting additional time to identify the entity's name, there is no current proposed amendment to the IMC for the Council to consider.

Covina Vikings Youth Football and Cheer
Following the Council meeting on March 9, 2022, staff was contacted by CVYFC (Attachment "A"), a non-profit organization, requesting the Council to consider allowing CVYFC to conduct fireworks sales in the City of Irwindale. This organization does not meet the criteria established under IMC Section 8.16.010.D., its principal location is not within the City of Irwindale. Following are options for the Council to consider as it discusses this request:

1. Develop a Policy to allow outside agencies to submit an application to sell fireworks

2. Amend IMC Section 8.16 to allow Covina Vikings Youth Football and Cheer to sell fireworks

3. Deny the request submitted by Covina Vikings Youth Football and Cheer.

1. Policy
The City does not have a policy regarding requests received by organizations located outside of the City who desire to conduct fireworks sales in Irwindale. If it is the desire of the Council to allow organizations outside of the City to conduct fireworks sales, then Council may direct staff and the City Attorney's office to draft a policy including: a fair and transparent application process, establishing limits on the number of fireworks stands, and identify the eligible organizations.

A fair and transparent application process will enable all interested and eligible organizations to submit an application. To date, the Council has received two requests, and there may be more requests forthcoming. Establishing a policy now will provide staff and the Council with a process to accept and review the requests as they are received.

The Council may consider setting limits on the number of fireworks stands allowed to conduct sales. In the past, there have been four (4) non-profit organizations located in Page2
the City who have participated in fireworks sales. On average, these organizations have raised $10,000 to $15,000 in sales. Expanding the eligible organizations to include organizations located outside of the City may affect the sales generated by the Irwindale organizations. Additionally, there are limited sites available for stand locations, which may result in a heavy concentration of stands in one area.

Developing a list of criteria for outside organizations to exhibit will identify which organizations are eligible to submit an application. The Council may desire that the organization have an association with the City of Irwindale. This may be achieved, for example, by requiring a percentage of the organizations membership/enrollment/participants to reside in the Irwindale.

The majority of the cities that allow fireworks sales limit eligible organizations to those that are located within the city, as these organizations support and give back to their community. Staff is aware of a couple of cities who allow outside agencies to submit applications to sell fireworks and these cities have seen an increase in the number of outside organizations requesting fireworks sales in their city.

2. Amend the Irwindale Municipal Code Section 8.16
If the Council chooses this option, allowing CVYFC to sell fireworks, IMC Section 8.16 will need to be amended. The amendment will require two readings of the ordinance and the ordinance will become effective 30 days after the 2nd reading. The Council has two options to consider:

A.Sales in July 2022: In order for CVYFC to participate in the fireworks sales occurring in 2022, the City Council would need to hold a special meeting on Monday, April 18, 2022, to conduct the 1st reading of the ordinance. The 2nd reading has to occur at a regularly scheduled meeting and may occur no sooner than 5 days after the 1st reading, which would occur April 27, 2022. The ordinance would become effective 30 days after the 1st reading, or May 27, 2022. Applications for the 2022 fireworks sales are due by June 1, 2022, allowing CVYFC one day, Tuesday, May 31, 2022 to submit an application (City Hall is closed on Monday, May 30, 2022 - Memorial Day).

B.Sales in July 2023: This would not require a special meeting and would be presented to the Council for consideration when staff has received confirmation from the District on the NHS entity. This would result in one amendment to the IMC as opposed to multiple amendments.

3. Deny Covina Vikings Youth Football and Cheer
This would require a motion by the Council to deny the request. No further action would be required.

Fiscal Impact:

There is no fiscal impact.

Attachments:

1. Letter from Covina Vikings Youth Football and Cheer
01005.0001/782086.1 Page 3
SA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
MARCH 23, 2022

WEDNESDAY
7:13 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

CONSENT CALENDAR
MOTION
ITEM NO. 1A1

MINUTES
ITEM NO. 1B

WARRANTS

Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz;
Mayor Larry G. Burrola

Present: Julian A. Miranda, City Manager; Theresa Olivares, Assistant City Manager; Adrian Guerra, City Attorney; Ty Henshaw, Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; Jeanette Duran, Interim Finance Director I City Treasurer; 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
There were no speakers.

A motion was made by Councilmember Breceda, seconded by Mayor Pro Tern Ambriz, 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) Special Joint meeting held March 9, 2022
2) Regular meeting held March 9, 2022

WARRANTS
None for approval.

END OF CONSENT CALENDAR
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:13 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
Check No Vendor No
76570 ROSENO
Vendor Name
Rosenow Spevacek Group Inc
SA Item 18
IR V\TINDALE
Check Date
03/28/2022
Check Amount
945.00
Report Total (I checks): 945.00
HA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
MARCH 23, 2022

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 Mark A. Breceda, Manuel R. Garcia (arrived at 5:34 p.m.), H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Mayor Larry G. Burrola

Present: Julian A. Miranda, Executive Director, and Adrian Guerra, Board Attorney
None.

At 5:32 p.m., the Housing Authority met in Closed Session to discuss the following:

Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property:

Parties:

Under Negotiation:

Las Casitas
5164 Ayon Avenue
Northridge Group & Housing Authority
Price and terms of potential sale
ACTION: Discussion held; direction given (Board Member Breceda declared a potential conflict of interest, did not participate in the discussion, and left the Closed Session room)
There being no further business to conduct, the meeting was adjourned at 6:52 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
HA Item 1A2

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
MARCH 28, 2022

WEDNESDAY
5:30 P.M.

The Irwindale HOUSING AUTHORITY met in special session at the above time and place.

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS
ITEMC

HEARING TO

CONSIDER

APPLICANT'S APPEAL

OF PROPOSED

DETERMINATION ON

LAS CASITAS

ELIGIBILITY LIST

ASSISTANT BOARD

ATTORNEY TRAXLER

GILBERT GUZMAN

ANNE AMBRIZ

CARMEN ROMAN

AND DENA ZEPEDA

VICE CHAIR AMBRIZ

Present: Board Members Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Chair Larry G. Burrola

Absent: Board Member Mark A. Breceda

Present: Julian A. Miranda, Executive Director, Adrian Guerra, Board Attorney, Jamie Traxler, Assistant Board Attorney; Margaret Akerblom, Board Counsel; Theresa Olivares, Assistant City Manager; Marilyn Simpson, Community Development Director
None.

HEARING TO CONSIDER APPLICANT'S APPEAL OF PROPOSED

DETERMINATION ON LAS CASITAS ELIGIBILITY LIST
Assistant Board Attorney presented the staff report and made a PowerPoint presentation.

Gilbert Guzman stated that he has requested that Annie Ambriz speak on his behalf.

Anne Ambriz spoke in support of approving the appeal and placing Mr. Guzman on the Las Casitas eligibility list.

Carmen Roman and Dena Zepeda also spoke in support of approving the appeal.

Vice Chair Ambriz stated that, although he trusts that staff followed procedure, the Board should show compassion for Mr. Guzman's circumstances. He noted that the application process can be confusing, but Mr. Guzman made every effort to turn in his paperwork and believed that his application was complete. He further stated that the Las Casitas senior apartments were built with the needs of senior Irwindale residents in mind, and made a motion to approve Mr.

Guzman's request for an appeal.

HOUSING AUTHORITY MINUTES

SPECIAL MEETING
MARCH 28, 2022
PAGE2

BOARD COUNSEL

AKERBLOM

BOARD MEMBER
ORTIZ

BOARD MEMBER
GARCIA

CHAIR BURROLA

ASSISTANT BOARD

ATTORNEY TRAXLER

CHAIR BURROLA

VICE CHAIR AMBRIZ

ASSISTANT BOARD

ATTORNEY TRAXLER
Board Counsel Akerblom suggested that the motion be held until after the Board finishes asking any questions it may have.

Board Member Ortiz concurred that Mr. Guzman should be returned to the eligibility list. He then asked whether the vacant units would be awarded to Irwindale residents, to which Assistant Board Counsel Traxler indicated that she did not have that information.

Board Member Ortiz also asked what would occur if Mr. Guzman is permitted to remain on the eligibility list, to which Assistant Board Counsel Traxler advised that this action would not guarantee that Mr.

Guzman would be awarded an apartment; he would just be returned to the eligibility list. She advised that the award of the apartments depends on how the applicants rank.

Board Member Garcia agreed that Mr. Guzman should be allowed to continue in the process, and that his application be reviewed and ranked accordingly.

Chair Burrola asked about the general rights that homeless individuals have, to which Board Counsel Akerblom advised that staff could advise on how applications submitted by homeless individuals are ranked per the program guidelines. She further indicated that, although she could not advise on the specific rights that homeless individuals have, she noted that this particular program offers specific considerations to homeless individuals, which staff could elaborate upon.

Assistant Board Attorney Traxler reminded the Board that it has amended the program guidelines in November to include a category that would enable staff to rank homeless applicants. Said applicants are now able to submit signed and notarized affidavits where they state under penalty of perjury that they are homeless. Mr. Guzman would now be able to submit said affidavit.

Chair Burrola acknowledged that staff followed the program rules as set by the Housing Authority Board.

Vice Chair Ambriz rephrased his motion to direct staff to bring back a resolution to grant the appeal and overturn staff's determination.

Assistant Board Attorney Traxler noted that the appeal guidelines would require a written decision by the Board within seven days, which in this case would include the adoption of the resolution.

However, the Housing Authority Board does not have another meeting scheduled until April 13. She asked whether Mr. Guzman would agree to waive the seven-day period in order for the resolution to be approved at the April 13 meeting. Mr. Guzman indicated he accepted the request.

HOUSING AUTHORITY MINUTES

SPECIAL MEETING
MARCH 28, 2022
PAGE 3

ROLL CALL

ADJOURNMENT
The above-mentioned motion was seconded by Chair Burrola and the motion was unanimously approved on roll-call vote; Board Member Breceda absent.

There being no further business to conduct, the meeting was adjourned at 6:22 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
DSuccessor Agency
12JHousing Authority
D Reclamation Authority
OJoint Powers Authority
Date: April 13, 2022
Cityo/

IRWINDALE

AGENDA REPORT
To: Honorable Chair and Members of the Housing Authority From: Julian A Miranda, Executive Director
HA Item 18
Issue: Adoption of Resolution Granting Appeal of the Ineligibility Determination of Applicant Gilbert Guzman for the Las Casitas Senior Low/Moderate Income Housing Apartment Rental Program
Executive Director's Recommendation:

1. Adopt Resolution No. HA 2022-05-115, entitled, "A RESOLUTION OF THE BOARD OF

DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY GRANTING THE APPEAL OF

THE INELIGIBILITY DETERMINATION OF APPLICANT GILBERT GUZMAN FOR THE

LAS CASITAS SENIOR LOW/MODERATE INCOME HOUSING APARTMENT RENTAL PROGRAM," reading by title only and waiving further reading thereof.

Administrative Action:

Submitted by:

Marilyn Simpson, Community Development Director -~YtfL_llA~J<\---""ifr'-~Ad~' f1~1'"""\CF-IX1~DD~_ Prepared by:

Electronically Approved
Jamie L. Traxler, Assistant Authority Counsel
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Jeanette Duran, Interim Director of Finance I City tJ,, , ,., ,,, Treasurer ~
Approved by:

Julian A Miranda, Executive Director
I

Page 1 ends

BACKGROUND AND ANALYSIS:

At its special meeting on March 28, 2022, the Housing Authority Board, as the designated hearing panel, conducted a public hearing on Applicant Gilbert Guzman's appeal of Authority Staff's ineligibility determination for the Las Casitas Senior Low/Moderate Income Housing Apartment Rental Program.

The Board opened the public hearing, received evidence from Staff and the Applicant, received and considered public comments, and closed the public hearing, giving Mr.

Guzman the opportunity to present evidence and receive a fair hearing regarding his eligibility determination.

At the conclusion of the hearing, the Board voted to grant the appeal of the Applicant Gilbert Guzman and directed staff to bring back a resolution granting the appeal and directing staff to complete the processing of the application. Pursuant to the Irwindale Housing Authority Guidelines, Policies and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (revised: November 10, 2021) ("Guidelines") Administrative Hearing Procedures, the Board as the Hearing Panel must issue a written decision within seven (7) business days of the hearing. At the hearing on March 28, 2022, the Applicant agreed on the record to waive the 7-day requirement so that the Resolution, which shall constitute the Board's final decision, could be adopted at the next regularly scheduled public meeting on April 13, 2022.

Conclusion
It is therefore recommended that the Board Adopt Resolution No. HA 2022-05-115, entitled, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE IRWINDALE

HOUSING AUTHORITY GRANTING THE APPEAL OF THE INELIGIBILITY

DETERMINATION OF APPLICANT GILBERT GUZMAN FOR THE LAS CASITAS SENIOR LOW/MODERATE INCOME HOUSING APARTMENT RENTAL PROGRAM," FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. HA 2022-05-115, entitled, "A RESOLUTION OF THE BOARD OF

DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY GRANTING THE APPEAL OF

THE INELIGIBILITY DETERMINATION OF APPLICANT GILBERT GUZMAN FOR THE

LAS CASITAS SENIOR LOW/MODERATE INCOME HOUSING APARTMENT RENTAL PROGRAM."
Page2
Attachment "A"
RESOLUTION NO. HA 2022-05-115

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE IRWINDALE HOUSING

AUTHORITY GRANTING THE APPEAL OF THE INELIGIBILITY DETERMINATION OF

APPLICANT GILBERT GUZMAN FOR THE LAS CASITAS SENIOR LOW/MODERATE

INCOME HOUSING APARTMENT RENTAL PROGRAM
WHEREAS, the Irwindale Housing Authority ("Authority'') Las Casitas Senior Low/Moderate Income Housing Apartment Rental Program provides multi-family housing stock for Irwindale senior residents; and
WHEREAS, the Las Casitas Senior Apartment Complex ("Las Casitas") consists of a total of 26 residential rental units, 1 unrestricted manager unit and 25 units that are restricted to rents affordable to extremely low, very low, low and moderate income senior households; and
WHEREAS, when a vacant unit becomes available, the Authority opens up an application period whereby interested applicants may submit an application to the Authority, and will be ranked in accordance with the Authority's Guidelines, Policies and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program ("Guidelines"); and
WHEREAS, in June 2021, the Authority opened up the application period for three (3) available units designated as extremely low income; and WHEREAS, on July 6, 2021, Applicant Gilbert Guzman submitted an application to the Authority; and
WHEREAS, on December 1, 2021, Authority Staff sent Mr. Guzman a Notice if Ineligibility letter informing him that he was an ineligible applicant because his application was incomplete, as it was not submitted with all the required documentation, including his most recent bank statements, necessary to verify income. The letter notified Mr. Guzman of his right to appeal the determination in writing within ten days of the date of the notice; and
WHEREAS, on December 8, 2021, Mr. Guzman submitted a timely appeal and supplemental information to the Authority; and
WHEREAS, on January 4, 2022, Mr. Guzman submitted a follow up letter and packet of documents to the Authority requesting that the packet of financial statements be included to replace the information he submitted in December, 2021; and Resolution No. HA 2022-05-115

Page 1 ends

WHEREAS, on March 15, 2022, the Authority sent Mr. Guzman notice of the appeal hearing set for March 28, 2022; and
WHEREAS, on March 28, 2022, pursuant to the Guidelines, a public hearing was held before the Authority Board, where the Board opened the public hearing, received evidence from Staff and the Applicant, received and considered public comments, and closed the public hearing, giving Mr. Guzman the opportunity to present evidence and receive a fair hearing regarding his eligibility determination.

NOW, THEREFORE, the Board of Directors of the Irwindale Housing Authority does hereby resolve, determine, and order as follows:

SECTION 1. Having considered all relevant evidence presented to the Board at the hearing, and based on preponderance of the evidence, the Board of Directors of the Irwindale Housing Authority hereby grants the appeal of Mr. Guzman and reverses Authority Staff's Determination of Ineligibility. Authority Staff are hereby directed to complete the processing and ranking of Mr. Guzman's application in accordance with the Authority's Guidelines.

SECTION 2. This Resolution shall constitute the final statement of decision of the Authority Board. This final decision may be subject to judicial review within ninety (90) days following the date of its issuance pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6. Computation of the time to appeal shall be governed by the Code of Civil Procedure.

SECTION 3. The Chief Authority Assistant Secretary is hereby directed to mail a copy of this resolution and the statement of decision to all parties by certified mail, return receipt requested.

SECTION 4. The Chief Authority Assistant Secretary shall certify to the passage and adoption of this resolution, and the same shall thereupon take effect and be in force.

PASSED, APPROVED, AND ADOPTED this 13th day of April 2022.

ATTEST
Laura M. Nieto, MMC
Chief Authority Assistant Secretary
Resolution No. HA 2022-05-115

Page 2 ends

Larry G. Burrola, Authority Chair
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Authority Assistant Secretary of the Irwindale Housing Authority, do hereby certify that the foregoing Resolution No. HA 2022-05-115 was adopted at a regular meeting of the Irwindale Housing Authority held on April 13, 2022, by the following vote:

AYES: Authority Member:

NOES: Authority Member:

ABSENT: Authority Member:

ABSTAIN: Authority Member:

Laura M. Nieto, MMC
Chief Authority Assistant Secretary
Irwindale Housing Authority
Resolution No. HA 2022-05-115

Page 3 ends

Irwindale City CouncilApril 13, 2022

Irwindale City Council
April 13, 2022