Irwindale City Council
April 27, 2022

City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706  • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209

NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
APRIL 27, 2022
SPECIAL MEETING – 5:30 P.M.

REGULAR MEETING ‐ 6:30 P.M.

IRWINDALE CITY COUNCIL CHAMBER
CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No. Resolution No. 2022‐30‐3280 The Irwindale City Council has authorized the conduct of hybrid meetings of the City Council, including all City Commissions and committee meetings, and all regularly scheduled meetings that would normally take place in the City Council Chambers, under the provisions of Government Code Section 54956 § E, as authorized by AB 361.

The public’s health and well‐being are the top priority for the City, and you are urged to take all appropriate health safety precautions.  To facilitate this process, the meeting and opportunities to participate are available through the following:

In‐Person at the City Council Chambers (In‐Chamber Attendance Limited to nine members of the public with overflow seating available in the Outer Council Chamber) Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389

LARRY G. BURROLA
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
MANUEL R. GARCIA
councilmember
H. MANUEL ORTIZ
Councilmember
April 27, 2022

Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction.  The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote.  The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant  to  provisions  of  the Brown Act,  no action may be  taken  on a matter unless it is listed  on  the agenda,  or  unless certain emergency  or  special  circumstances  exist.    The  City  Council  may  direct  staff  to  investigate  and/or  schedule  certain  matters  for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430‐2200.  Assisted listening devices are available at this meeting.

Ask the Chief Deputy City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities.  Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

April 27, 2022

Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good.  We are committed to the principle of an efficient and professional local government.  We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life.  We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest.  We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration.  We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We  will  inform  ourselves  on  public  issues,  listen  attentively  to  public  discussions  before  the  body,  and  focus  on  the business at hand.  We will base our decisions on the merit and substance of that business.  We will be fair and equitable in all actions, claims or transactions.  We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We  shall  not  take advantage  of  services  or  opportunities  for  personal gain  by virtue  of  our  public  office  that are  not available to the public in general.  We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale.  We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official.  In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

April 27, 2022

SPECIAL MEETING ‐ CLOSED SESSION – 5:30 P.M.

A. CALL TO ORDER
B. ROLL CALL:  Councilmembers:  Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

C.  RECESS TO CLOSED SESSION

1.  Conference with Legal Counsel – Existing Litigation Pursuant to California Government Code Section 54956.9
Name of Case:  Five Points, LP vs. City of Irwindale
Case Number:   22STCV01394

2.  Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8

Property: Olive Pit (APN 8415‐001‐906, 908)
Agency negotiator: Julian A. Miranda, City Manager
Negotiating Parties: United Rock Products Corp.

Under negotiation: Sublease Price and Terms

3.  Liability Claims
Pursuant to Government Code Section 54956.95:

Claimant: Fred & Becky Barbosa
Agency claimed against: City of Irwindale, Irwindale Housing Authority

D.  RECONVENE IN OPEN SESSION
E.  REPORT FROM CLOSED SESSION
F.  ADJOURNMENT
April 27, 2022

OPEN SESSION – 6:30 P.M.

A.  CALL TO ORDER
B.  PLEDGE OF ALLEGIANCE
C.  INVOCATION
D.  ROLL CALL:  Councilmembers: Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
E.  REPORT FROM CLOSED SESSION OF APRIL 13, 2022
F.  CHANGES TO THE AGENDA
G.  COUNCIL MEMBER TRAVEL REPORTS
H.  COUNCILMEMBER COMMENTS
I.  INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
J.  PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS

1.  Chamber of Commerce Business of the Month ‐ SCE Federal Credit Union

2.  Veterans Monument Presentation by Seventh Street Development

3.  Proclamation proclaiming Municipal Clerk’s Week

4.  Proclamation proclaiming Public Service Week

5.  Proclamation proclaiming Denim Day
SPONTANEOUS COMMUNICATIONS
This is the time set aside  for members of the audience  to speak on items not on this agenda.  State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days.  Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action.  If a member of the audience feels he or she must proceed tonight, then each speaker will be limited to 3 minutes unless such time limits are extended.

In the hybrid format, both in‐person and hybrid audience members will participate in the following order:

April 27, 2022

Tier 1:  In‐person attendees
Tier 2:  Teleconference attendees
Tier 3:  In‐person attendees who have not previously provide comments on  the matter(s)  being discussed by the legislative body
Tier  4:   Teleconference attendees who  have  not  previously  provide  comments  on  the matter(s) being discussed by the legislative body

1.  CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of  the City Council  requests separate action on a specific item.  At  this  time, members of the audience may ask to be heard regarding an item on the Consent Calendar.

A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:

1.  Special meeting held April 13, 2022

2.  Regular meeting held April 13, 2022

B.  Warrants/Demands/Payroll
Department:  Finance
Recommendation:  Approve
C.  Waive the Formal Bidding Procedures and Authorize the City Manager to Enter into an Agreement with Pyro Spectaculars for the 4th of July Fireworks Show Department:  Public Services
Recommendation:  Adopt Resolution No. 2022‐38‐3288 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE,  CALIFORNIA,  WAIVING  FORMAL  BIDDING PROCEDURES  PURSUANT  TO  IRWINDALE  MUNICIPAL  CODE  SECTION  3.44.080(H), AUTHORIZING  THE  ISSUANCE  OF  A  PURCHASE  ORDER  AND  AUTHORIZING  THE  CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PYRO SPECTACULARS, INC. TO PROVIDE A FIREWORKS DISPLAY SHOW AT THE HOUSING AUTHORITY OWNED 10‐ACRE SITE ON ALLEN DRIVE”.

D.  Investment  Quarterly  Report  –  March  31,  2022  (Joint  Item  on  Successor  Agency  and Housing Authority agendas)
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for March 31, 2022.

April 27, 2022

E.  Approval  of  Extension  of  Contract  for  Annual  Audit  Services  (Joint  Item  on  Successor Agency and Housing Authority agendas)
Department:  Finance
Recommendation:    Approve  the  extension  of  the  existing  contract  with  Lance,  Soll  & Lunghard, LLP, to provide annual audit services for two additional years.

F.  Consideration of Resolution No. 2022‐36‐3286, Amending the City’s Personnel Rules to Modify the Effective Period of Eligibility Lists for Recruitments for Part‐Time Positions Department:  Human Resources
Recommendation:  Adopt Resolution No. 2022‐36‐3286 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2015‐31‐2760, AMENDING SECTION 4.50 OF THE CITY’S PERSONNEL RULES REGARDING THE LENGTH OF ELIGIBILITY LISTS FOR RECRUITMENTS FOR PART‐TIME POSITIONS”.

G.  Approve  Out‐of‐State  Travel  to  the  American  Public Works  Association’s  2022  Annual Conference and Public Works Expo in Charlotte, North Carolina for City Staff Department:  Engineering
Recommendation:  Adopt Resolution No. 2022‐37‐3287 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING OUT‐OF‐STATE TRAVEL TO THE AMERICAN  PUBLIC  WORKS  ASSOCIATION’S  2022  ANNUAL  CONFERENCE  AND  PUBLIC WORKS EXPO IN CHARLOTTE, NORTH CAROLINA FOR ONE CITY STAFF MEMBER”.

2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

A.  School/Charter Bus Video Surveillance System Policy Department:  Public Services
Recommendation:  Adopt Resolution No. 2022‐39‐3289 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE,  ADOPTING  AND  APPROVING  A SCHOOL/CHARTER BUS VIDEO SURVEILLANCE SYSTEM POLICY”.

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.   CITY MANAGER’S REPORT

5.  AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
Request by Mayor Burrola to discuss the Resident ID Program document requirements

6.   ADJOURN
April 27, 2022

SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY
SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

1.  CONSENT CALENDAR
A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:

1.  Regular meeting held April 13, 2022

B.  Warrants
Department:  Finance
Recommendation:  Approve

C.  Investment Quarterly Report – March 31, 2022 (Joint Item on City Council and Housing Authority agendas)
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for March 31, 2022.

D.  Approval of Extension of Contract  for Annual Audit Services (Joint Item on City Council and Housing Authority agendas)
Department:  Finance
Recommendation:    Approve  the  extension  of  the  existing  contract  with  Lance,  Soll  & Lunghard, LLP, to provide annual audit services for two additional years.

2.  NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.  ADJOURN

April 27, 2022

HOUSING AUTHORITY
SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

1.  CONSENT CALENDAR
A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:

1.  Regular meeting held April 13, 2022
B.  Investment Quarterly Report – March 31, 2022 (Joint Item on City Council and Successor Agency agendas)
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for March 31, 2022.

C.  Approval of Extension of Contract  for Annual Audit Services (Joint Item on City Council and Successor Agency agendas)
Department:  Finance
Recommendation:    Approve  the  extension  of  the  existing  contract  with  Lance,  Soll  & Lunghard, LLP, to provide annual audit services for two additional years.

D.  Approving and Authorizing Use of the 10‐Acre Site, Assessor’s Parcel Number 8417‐34‐ 912, for the City of Irwindale’s July 4, 2022 Fireworks Display Spectacular Event Department:  Public Services
Recommendation:  Adopt Resolution No. HA 2022‐07‐117 entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING  THE  USE  OF  THE  10‐ACRE  SITE  ON  ALLEN  DRIVE,  ASSESSOR’S  PARCEL NUMBER 8417‐34‐912, FOR THE CITY OF IRWINDALE’S JULY 4, 2022 FIREWORKS DISPLAY SPECTACULAR EVENT”.

E.  Las Casitas Eligibility Ranking List and Blind Drawing Department:  Administration
Recommendation:  Conduct a random blind drawing to break ties among the Las Casitas Eligibility Ranking List.

April 27, 2022

2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.  ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority, to be held on April 27, 2022, be posted at the City Hall, Library, and Post Office on April 21, 2022.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
APRIL 13, 2022

WEDNESDAY
5:30 P.M.

The Irwindale CITY COUNCIL met in special session at the above time and place.

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

RECESS TO

CLOSED SESSION

RECONVENE IN

OPEN SESSION

ADJOURNMENT

Present: Councilmember H. Manuel Ortiz;
Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola Absent Councilmembers Mark A. Breceda and Manuel R. Garcia Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney.

There were no speakers.

At 5:33 p.m., the City Council met in Closed Session to discuss the following:

Conference with Real Property Negotiators
Pursuant to California Government Code Section 54956.8
Property: Olive Pit (APN 8415-001-906, 908)
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: United Rock Products Corp.

Under Negotiation: Sublease Price and Terms
ACTION: Discussed; no reportable action taken
Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussion held, update provided. No reportable action taken
At 7:05 p.m., the City Council reconvened in Open Session.

There being no further business to conduct, the meeting was adjourned at 7:07 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1A2

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
APRIL 13, 2022

WEDNESDAY
7:07 P.M.

The Irwindale CITY COUNCIL met in regular session, beginning at the above time and place.

ROLL CALL:

CHANGES TO THE

Present: Councilmember H. Manuel Ortiz;
Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola

Absent: Councilmembers Mark A Breceda and Manuel R. Garcia

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 Director of Finance 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
AGENDA None.

COUNCILMEMBER

TRAVEL REPORTS

COUNCILMEMBER

ORTIZ AND

MAYOR BURROLA

COUNCILMEMBER

COMMENTS

MAYOR BURROLA

INTRODUCTION OF

NEW EMPLOYEES I

PROMOTIONS

PROCLAMATIONS I

PRESENTATIONS I

COMMENDATIONS

RECOGNITION OF

ELIJAH BUTLER -
2022 STATE OF
Councilmember Ortiz and Mayor Burrola spoke on their attendance at the California Contract Cities Association conference held in Indian Wells last week.

Mayor Burrola requested that the requirements for the Irwindale Resident ID program be discussed at the next Council meeting.

None.

RECOGNITION OF ELIJAH BUTLER- 2022 STATE OF
CALIFORNIA WRESTLING ALLIANCE FOR THE YOUTH, 15U 80
LB. CHAMPION
The presentation was made.

CITY COUNCIL MINUTES APRIL 13, 2022
REGULAR MEETING PAGE 2

RECOGNITION OF RECOGNITION OF FRANCISCO LOPEZ, ATHENS EMPLOYEE

FRANCISCO LOPEZ, FOR HIS HEROIC DEEDS

ATHENS EMPLOYEE
FOR HIS HEROIC The presentation was made.

DEEDS

PROCLAMATION PROCLAMATION PROCLAIMING APRIL AS NATIONAL LIBRARY

PROCLAIMING APRIL MONTH IN THE CITY OF IRWINDALE

AS NATIONAL LIBRARY
MONTH IN THE CITY The proclamation was made.

OF IRWINDALE

SPONTANEOUS

COMMUNICATIONS

ROBERT DIAZ

DENA ZEPEDA

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
Robert Diaz spoke on behalf of his aunts that live on Morada Street, and of their concern that the contractor hired by Panattoni has caused damage to their garage. He requested that Panattoni conduct the necessary repairs.

Dena Zepeda congratulated Elijah Butler, complained that she was unable to hear Elijah's recognition, and spoke on the needs of the homeless in Irwindale.

A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.

MINUTES
The following minutes were approved:
1) Special meeting held March 23, 2022
2) Regular meeting held March 23, 2022
ITEM NO. 1B WARRANTS I DEMANDS I PAYROLL

WARRANTS/
DEMANDS I PAYROLL The warrants I demands I payroll were approved.

ITEM NO. 1C CONSIDERATION OF RESOLUTION AMENDING THE

CONSIDERATION OF COMPENSATION PLAN

RESOLUTION

AMENDING THE

COMPENSATION PLAN

CITY COUNCIL MINUTES

REGULAR MEETING
RESOLUTION NO.
2022-29-3278

ADOPTED
ITEM NO. 1D

FEE WAIVER FOR

USE OF CITY FACILITY

FOR A FOUR-DAY

VOTE CENTER
RESOLUTION NO.
2022-28-3278

ADOPTED
ITEM N0.1E

APPROVE OUT-OF

STATE TRAVEL TO
THE 2022

INTERNATIONAL

COUNCIL OF

SHOPPING

CENTERS

CONFERENCE IN

LAS VEGAS, NEVADA,

FOR CITY COUNCIL

AND CITY STAFF
RESOLUTION NO.
2022-33-3283

ADOPTED
ITEM NO. 1F

CONSIDERATION OF

A RESOLUTION

APPROVING A
Resolution No. 2022-29-3278, entitled:

APRIL 13, 2022
PAGE3
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ESTABLISHING THE NUMBER OF POSITIONS,

SCHEDULE OF CLASSES AND COMPENSATION FOR CITY
EMPLOYEES," was adopted.

FEE WAIVER FOR USE OF CITY FACILITY FOR A FOUR-DAY

VOTE CENTER
Resolution No. 2022-28-3278, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING A FEE WAIVER FOR THE LOS

ANGELES COUNTY REGISTRAR RECORDER, WAIVING CITY
FACILITY RENTAL FEES FOR A VOTE CENTER FOR JUNE 7,
2022, STATEWIDE DIRECT PRIMARY ELECTION AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOTE

CENTER FACILITY USE AGREEMENT AND VOTE CENTER
ELECTION PLAN," was adopted.

APPROVE OUT OF STATE TRAVEL TO THE 2022

INTERNATIONAL COUNCIL OF SHOPPING CENTERS

CONFERENCE IN LAS VEGAS, NEVADA FOR CITY COUNCIL

AND CITY STAFF
Resolution No. 2022-33-3283, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE OUT-OF-STATE TRAVEL TO THE
2022 INTERNATIONAL COUNCIL OF SHOPPING CENTERS

CONFERENCE IN LAS VEGAS NEVADA FOR THREE CITY
COUNCIL MEMBERS AND TWO STAFF REPRESENTATIVES,"
was adopted.

CONSIDERATION OF RESOLUTION NO. 2022-27-3277

APPROVING A TENTATIVE AGREEMENT FOR SUCCESSOR

MEMORANDUM OF UNDERSTANDING WITH THE IRWINDALE

POLICE OFFICERS' ASSOCIATION (IPOA)

CITY COUNCIL MINUTES

REGULAR MEETING

TENTATIVE

AGREEMENT FOR

SUCCESSOR

MEMORANDUM OF

UNDERSTANDING WITH

THE IRWINDALE POLICE

OFFICERS'

ASSOCIATION
RESOLUTION NO.
2022-27-3277

ADOPTED
ITEM NO. 1G

APPROVE
AMENDMENT NO. 2
Resolution No. 2022-27-3277, entitled:

APRIL 13, 2022
PAGE4
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING A TENTATIVE AGREEMENT FOR A

SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF IRWINDALE AND THE IRWINDALE POLICE
OFFICERS' ASSOCIATION (IPOA), FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2024, AND AUTHORIZING THE

APPROPRIATION OF FUNDS TO COVER THE COST OF THE

INITIAL IMPLEMENTATION OF THE CONTRACT FOR FISCAL
YEAR 2021-2022," was adopted.

APPROVE AMENDMENT NO. 2 TO THE MOA BETWEEN THE

SGVCOG AND DUARTE AND IRWINDALE
TO THE MOA BETWEEN Amendment No. 2 to the Memorandum of Agreement between the THE SGVCOG AND San Gabriel Valley Council of Government and the City of Duarte and DUARTE AND the City of Irwindale was approved, subject to approval as to form by IRWINDALE the City Attorney.

ITEM NO. 1H
2021 GENERAL PLAN

ANNUAL PROGRESS
REPORT
RESOLUTION NO.
2022-35-3285

ADOPTED
ITEM NO. 11

APPROPRIATION

FROM THE SAFE,

CLEAN WATER

PROGRAM(MEASURE
2021 GENERAL PLAN ANNUAL PROGRESS REPORT
Resolution No. 2022-35-3285, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, RECEIVING AND APPROVING THE

ANNUAL HOUSING ELEMENT PROGRESS REPORT

AUTHORIZING STAFF TO SUBMIT THE GENERAL PLAN ANNUAL
PROGRESS REPORT FOR THE 2021 CALENDAR YEAR TO THE

GOVERNOR'S OFFICE OF PLANNING AND RESEARCH (QPR)

AND THE STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD)", was adopted.

APPROPRIATION FROM THE SAFE, CLEAN WATER PROGRAM
(MEASURE W) FUND FOR THE ARROW HIGHWAY

BEAUTIFICATION PROJECT
1) The appropriation of $615,310.14 from the Safe, Clean Water

CITY COUNCIL MINUTES

REGULAR MEETING

W) FUND FOR THE

ARROW HIGHWAY

BEAUTIFICATION

PROJECT
RESOLUTION NO.
2022-34-3284

ADOPTED
APRIL 13, 2022
PAGE 5
Program (Measure W) fund and interest account was authorized for expenses and activities for the Arrow Highway Beautification Project, and 2):

Resolution No. 2022-34-3284, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE TRANSFER AND APPROPRIATION
OF $615,310.14 FROM THE MEASURE W FUND TO THE ARROW
HIGHWAY BEAUTIFICATION PROJECT," was adopted.

END OF CONSENT CALENDAR

NEW BUSINESS
ITEM NO. 2A
ANNUAL

COMPREHENSIVE

FINANCIAL REPORT

FOR FY ENDED
JUNE 30, 2021

DIRECTOR DURAN

MAYOR BURROLA
MOTION

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA

ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FY
ENDED JUNE 30, 2021 (Joint Item with Successor Agency and Housing Authority)
Interim Director Duran introduced Mr. Bryan Gruber of Lance, Soll, and Lunghard LLP, the city's audit team, who presented the staff report.

Mayor Burrola asked about the length of time that the audit process takes, to which Director Duran advised that the auditors are here for a week, though they may have follow-up questions after that week.

A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to receive and accept the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal year ended June 30, 2021.

Councilmember Ortiz thanked the Finance Dept. for their wonderful work.

Mayor Pro Tern Ambriz commended the Finance Dept. staff and the audit firm.

Responding to a question by Mayor Burrola, Director Duran advised that the auditors typically submit a list of items they seek a week before their visit, and that their processes ensure that the city is following general accounting practices.

CITY COUNCIL MINUTES

REGULAR MEETING

ROLL CALL

CITY MANAGER

MIRANDA
ITEM NO. 2B

DISCUSSION ON

HOW PUBLIC

MEETINGS ARE

TO BE CONDUCTED

UNDER THE CURRENT

LOCAL DECLARED

EMERGENCY

ASSISTANT CITY

MANAGER OLIVARES

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA
RESOLUTION NO.
2022-30-3280

ADOPTED
ITEM NO. 2C

UPDATE REGARDING

THE PARKING LOTS
LOCATED AT 5223
AND 5239 MORADA
STREET
APRIL 13, 2022
PAGE6
The above-mentioned motion was unanimously approved.

City Manager Miranda thanked the Finance Dept. for their hard work.

DISCUSSION ON HOW PUBLIC MEETINGS ARE TO BE

CONDUCTED UNDER THE CURRENT LOCAL DECLARED
EMERGENCY (Joint Item with Successor Agency and Housing Authority)
Assistant City Manager Olivares discussed the report and made a PowerPoint presentation.

Councilmember Ortiz suggested continuing to hold meetings under the current process, noting the need to continue to remain vigilant due to the dangers that COVID-19 still poses.

Mayor Pro Tern Ambriz concurred and noted the current process enjoys a larger number of attendees compared to when the meetings were held completely in person.

Mayor Burrola agreed and asked clarifying questions regarding option 1, which Assistant City Manager Olivares expounded on.

Resolution No. 2022-30-3280, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF

THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,

CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,

AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING APRIL 13, 2022, THROUGH MAY 13,
2022, PURSUANT TO THE RALPH M. BROWN ACT AND
ASSEMBLY BILL NO. 361," was adopted on the motion of
Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, and unanimously approved.

UPDATE REGARDING THE PARKING LOTS LOCATED AT 5223
AND 5239 MORADA STREET

CITY COUNCIL MINUTES

REGULAR MEETING

ASSISTANT CITY

MANAGER OLIVARES

ALVIN GOMEZ

ROBERT DIAZ

DENA ZEPEDA

COUNCILMEMBER
ORTIZ

ASSISTANT CITY

ENGINEER CO

COUNCILMEMBER
ORTIZ

ASSISTANT CITY

MANAGER OLIVARES

MAYOR PRO TEM
AMBRIZ

CITY ATTORNEY
GUERRA
APRIL 13, 2022
PAGE?
Assistant City Manager Olivares presented the staff report.

Alvin Gomez asked whether the parking lots could be used overnight by the family members of the residents that live on Morada Street.

Robert Diaz repeated his comments about damages to his aunts' garage and suggested the gate be moved toward the center and that it be widened to accommodate larger vehicles.

Dena Zepeda suggested that the Morada Street residents be consulted to determine their preferences.

In reply to several questions by Councilmember Ortiz, Assistant City Manager Olivares advised that a gate is currently installed at the site.

Assistant City Engineer Co indicated that staff can determine a maintenance schedule for the gate as well as the times that the gate should open and close. He added that staff can look into moving the gate to accommodate larger vehicles, although he noted that the parking spaces are standard size since the site is designed for passenger vehicles.

Councilmember Ortiz stated that the parking lot is for the residents of Morada Street and their guests, and that their suggestions, such as allowing for overnight parking, would be considered. He also indicated that the Council would look to the Engineering Department to come up with the necessary signage and whether the wall that was requested could be built.

Assistant City Manager Olivares spoke on enforcement challenges if the parking lot is restricted to certain individuals. Staff can look into this request, as well as the request to allow for overnight parking.

Mayor Pro Tern Ambriz requested for staff to look into restricting the use of the parking lot to residents of Morada Street as well as their guests and individuals that attend events at the church nearby. He also suggested that Panattoni pay for any damages that their contractor caused at the site.

City Attorney Guerra suggested that he look into the requests made by the Councilmembers and enforcement issues, after which a report can be prepared and presented to the Council.

CITY COUNCIL MINUTES

REGULAR MEETING

MAYOR BURROLA

CITY ATTORNEY
GUERRA

ANTHONY NARANJO
ITEM NO. 2D

UPDATE ON THE

ORGANIZATIONS

REQUESTING A

FIREWORKS STAND

ASSISTANT CITY

MANAGER OLIVARES

JASON COOK,

RONALD RODRIGUEZ,

KIM ALCALA,

RYAN COOK,

JESS MARTINEZ,

RUDY HERNANDEZ

SUZANNE GOMEZ

MAYOR PRO TEM
AMBRIZ

ASSISTANT CITY

MANAGER OLIVARES

COUNCILMEMBER
ORTIZ
APRIL 13, 2022
PAGES
Mayor Burrola spoke on the need to have appropriate signage at the site.

City Attorney Guerra noted that the Council has consensus for staff to look into their requests and provide a report for further Council discussion and direction.

Anthony Naranjo spoke on the challenges in creating a parking lot for Morada Street residents and their guests.

UPDATE ON THE ORGANIZATIONS REQUESTING A

FIREWORKS STAND
Assistant City Manager Olivares presented the staff report and made a PowerPoint presentation.

Jason Cook, Ronald Rodriguez, Kim Alcala, Ryan Cook, Jess Martinez, and Rudy Hernandez, spoke in support of allowing Covina Vikings Youth Football and Cheer to conduct fireworks sales to raise funds for their sports programs and activities.

Suzanne Gomez spoke on the need to develop a comprehensive policy to address future requests to sell fireworks from other non-profit organizations.

Mayor Pro Tern Ambriz spoke on his support of youth sports and noted that, since Northview Vikings would be unable to sell fireworks this year to raise funds, that the Covina Vikings be allowed to take their place.

Assistant City Manager Olivares elaborated on the Council's options with regard to this matter.

Councilmember Ortiz noted the tight timeline for the actions that need to occur in order to permit Covina Vikings to sell fireworks, to which Assistant City Manager Olivares noted that the Council would need to hold a special meeting on April 11 to introduce the applicable ordinance, which would then be adopted at the regular meeting of April 27, and would become effective 30 days after its adoption. She added that the organization would be unable to submit an application to sell fireworks until that day.

CITY COUNCIL MINUTES

REGULAR MEETING

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA
MOTION

CITY ATTORNEY
GUERRA

PUBLIC HEARINGS

CITY MANAGER'S
REPORT

CITY MANAGER

MIRANDA
APRIL 13, 2022
PAGE9
Councilmember Ortiz spoke on the benefits of youth sports, though he suggested working with the organization to allow them to sell fireworks next year so that they have sufficient time to identify a location for the fireworks sales.

Replying to a question by Mayor Pro Tern Ambriz, City Attorney Guerra indicated that the required ordinance would be easily prepared. He requested, however, that the ordinance specify that the provision sunset this year, after which a draft policy could be prepared and reviewed in depth.

In response to several questions by Mayor Burrola, Assistant City Manager Olivares advised that Covina Vikings has not identified a site for their potential sale of fireworks, and that it would be incumbent on the organization to locate one. She also noted that the Covina Vikings organization is not affiliated to a school, and that it serves children ages 5 to 14.

Mayor Burrola spoke in favor of drafting the required ordinance to allow this organization to sell fireworks this year only.

A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to direct staff to draft an ordinance and present it at a special Council meeting on April 18 to allow the Covina Vikings non-profit organization to sell fireworks for the 2022 July 4 holiday season only. The motion was unanimously approved.

City Attorney Guerra noted that, should the organization be unable to find a location for their fireworks sales, then these efforts have been all for naught.

None.

City Manager Miranda reported that:
1) The Planning Department will host an environmental scoping meeting for the Speedway Commerce Center specific plan on April 28.
2) The City is accepting applications for the vacant Lieutenant and Housing Coordinator positions.
3) Applications for the Summer Youth program will begin April 14. 4) The 2021/2022 Residential Street Resurfacing Project will begin phase 1 later this month.
5) The 2022 Easter Eggstravaganza event has been scheduled for April 16.
6) The next bulky-item pickup event has been scheduled for May 6.

CITY COUNCIL MINUTES APRIL 13, 2022
REGULAR MEETING PAGE 10

AGENDA ITEMS

REQUESTED BY
COUNCILMEMBERS None.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:08 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 18
Electronic Payments
IIR~INDALE April 2022
April 1 - 15, 2022
Number Vendor Name Date Amount
ACH CalPERS-Medical 4/1/2022 244,210.20
ACH Cal PERS 4/11/2022 2,252.07
ACH CalPERS 4113/2022 83,318.57
ACH Ca!PERS 4/8/2022 673.00
ACH EDD 4113/2022 22,888.55
ACH Federal Tax 4113/2022 59,874.31
ACH Nationwide-457 Plan & Trust 417/2022 13,472.83
ACH Nationwide-Roth Cotribution-457 Plan & Trust 417/2022 3,322.00 ACH PARS-Public Agency Retirement Services 4/6/2021 5,120.00 ACH ICMA 417/2022 10.39
ACH PARS-FT 417/2022 20,972.28
ACH PARS-PT 417/2022 1,434.74
3821408 CJPIA Excess Pool 23,814.72
Report Tota!: 481,363.66
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 4/21/2022 6:01 PM

IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
76659 ALLIAN Alliant Insurance Services, Inc. 04/07/2022 1,912.00 76660 AMERIC34 American Fidelity Assurance Co 04/07/2022 2,733.64 76661 AyalaOI Leonor Ayala 04/07/2022 438.00
76662 BEASOl Maria Elena Beas 04/07/2022 75.00
76663 CARDENOl Rudy Cardenas 04/07/2022 150.00
76664 FRONTOl Frontier Communications 04/07/2022 277.62 76665 GAME02 Abraham Gamez 04/07/2022 300.00
76666 GASCOM Gas Company, The 04/07/2022 l,339.49
76667 HO YEN Noelle Hoye 04/07/2022 360.00
76668 JACQOl Estevan Jacquez 04/07/2022 300.00
76669 LOGANOI Barbara Logan 04/07/2022 75.00
76670 LOPE02 Juan Lopez 04/07/2022 75.00
76671 MIL!Ol Cynthia Milian 04/07/2022 75.00
76672 MORANO! Rita Moran 04/07/2022 7.50
76673 OPTUMOl OptumRx, Inc. 04/07/2022 32,480.60
76674 ORELLAOl Blanca Orellano 04/07/2022 75.00
76675 PERE03 Tania Perez 04/07/2022 75.00
76676 PETEOl Michael Anthony Peters 04/07/2022 400.00
76677 ROME02 Karen Romero 04/07/2022 400.00
76678 SAAV02 Cynthia Saavedra 04/07/2022 300.00
76679 SMART& Smart & Final 04/07/2022 594.03
76680 SCE02 Southern California Edison 04/07/2022 39,338.71 76681 STGEOOl St. George1s Medical Clinic 04/07/2022 745.00 76682 VALLEYOl Valley County Water District 04/07/2022 233.26 76683 VALLEY09 Valley View Mutual Water Co. 04/07/2022 83.66 76684 VEENOl Louise Van Veenedaal 04/07/2022 750.00
76685 VISIONOl Vision Service Plan - (CA) 04/07/2022 3,046.17 76686 WAGONER Pamela Wagoner 04/07/2022 250.00
76687 ZEPEDA04 Dena Zepeda 04/07/2022 300.00
76688 ZEPEDA07 Priscilla Zepeda 04/07/2022 18.00
76689 CALIF056 California State Disbursement Unit 04/07/2022 604.15 76690 CALIF057 California State Disbursement Unit 04/07/2022 143.07 Report Total (32 checks): 87,954.90
AP Checks by Date - Summary by Check Number ( 4/21/2022 6:01 PM) Page I Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 4/21/2022 6:02 PM

IRWINDALE -- ---------- --------------- -------
Check No Vendor No Vendor Name Check Date Check Amount
76693 ACOSTAOI Carol Acosta 04/14/2022 90.00
76694 AHO! AH Illusions Inc, 04/14/2022 495.00
76695 AT&T06 AT&T 04/14/2022 1,657.09
76696 CA LED CAL ED 04/14/2022 495.00
76697 CALIF002 California American Water 04/14/2022 938.16 76698 CALIFOOI California Contract Cities 04/14/2022 10,500.00 76699 SANGABll California Newspapers Partnership 04/14/2022 501.71 76700 CHARTED! Charter Communications 04/14/2022 191.82 76701 CINTAS Cintas Corporation #693 04/14/2022 160.84
76702 CITYOI City of Hope 04/14/2022 1,500.00
76703 CONCEOI Concentra 04/14/2022 350.00
76704 CPOA CPOA 04/14/2022 930.00
76705 FRONTOI Frontier Communications 04/14/2022 366.70 76706 !her Carol Hernandez 04/14/2022 220.00
76707 IRWIND04 Irwindale Chamber Of Commerce 04/14/2022 15,000.00 76708 JOHNOI Johnson Investigations 04/14/2022 1,000.00 76709 LEGAL03 Legal Shield 04/14/2022 37.90
76710 SC FUELS SC Fuels 04/14/2022 16,684.88
76711 SCE02 Southern California Edison 04/14/2022 819.11 76712 STATEOOI State Of California 04/14/2022 192.00
76713 TAPIO! Regina Tapia 04/14/2022 300.00
76714 TPXOl TPX Communications 04/14/2022 2,482.75
76715 VALLEYOI Valley County Water District 04/14/2022 9,162.74 76716 VEGA03 Beverly Vega 04/14/2022 500.00
76717 verizonw Verizon Wireless 04/14/2022 15,573.37
76718 ALESHIRE Aleshire & Wynder, LLP 04/21/2022 59,072.95 76719 BANKOF03 Bank of The West 04/21/2022 10,824.11
76720 COSTC002 Costco Wholesale 04/21/2022 856.47
76721 ESPINOIO Iris Espino 04/21/2022 255.40
76722 HO MEDE Home Depot Credit Services 04/21/2022 1,609.12 76723 LINNOI Deborah Linn 04/21/2022 1,125.00
76724 OPTUMOI OptumRx, Inc. 04/21/2022 27,403.58
76725 BUCKO! Cameron J Saylor 04/21/2022 246.02
76726 TEXASOI Texas Life Insurance Co. 04/21/2022 3,463.34 76727 VEGA03 Beverly Vega 04/21/2022 3,250.00
76728 ZEPEDA07 Priscilla Zepeda 04/21/2022 1,342.69
76729 CALIF056 California State Disbursement Unit 04/21/2022 604.15 76730 CALIF057 California State Disbursement Unit 04/21/2022 143.07 76731 CITYOI City of Hope 04/21/2022 54.00
76732 FRANC06 Franchise Tax Board 04/21/2022 783.86
76733 !CEA Irwindale City Employee Assoc. 04/21/2022 770.00 76734 IMEA Irwindale Mgmt Employee Assoc. 04/21/2022 480.00 76735 IRWIND02 Irwindale Police Officers Assoc. 04/21/2022 3,168.IO 76736 ADVANT Advantage Ford 04/27/2022 312.48
76737 ALESHIRE Aleshire & Wynder, LLP 04/27/2022 56,821.99 76738 ALLCIOI All City Management Services, fuc 04/27/2022 825.30 76739 ALLENIO Allen Matkins LLP 04/27/2022 2,040.00
AP Checks by Date - Summary by Check Number (4/21/2022 6:02 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
76740 ARAMO! Aramark Unifonn & Career Apparel Group 04/27/2022 1,411.65 76741 B&BTIR B & B Tires Service 04/27/2022 215.53
76742 BAKEROI Baker & Taylor Books 04/27/2022 567.98
76743 BILLST Bill's Truck Repair, Inc. 04/27/2022 159.00 76744 BRJTEW Brite Works, Inc. 04/27/2022 13,539.95
76745 CALIFOOI California Contract Cities 0412712022 3,600.00 76746 CALI22 CAP IO 04/27/2022 25.00
76747 CARQUEST Carquest 04/27/2022 21.69
76748 CASCO! CASC Engineering & Consulting 04/27/2022 16,170.10 76749 CDWOI CDW Government 04/27/2022 1,754.40
76750 CINTAS Cintas Corporation #693 04/27/2022 648.28
76751 LOSANG33 County of Los Angeles 04/27/2022 64,805.20 76752 DAVIDE David Evans & Associates Inc 04/27/2022 751.60 76753 DELONG Delong Unlimited 0412712022 90.00
76754 DOGWASO! Dog Waste Depot 04/27/2022 151.09
76755 BATED! Elior Inc. 04/27/2022 1,745.70
76756 EWING! Ewing Irrigation Products, Inc. 04/27/2022 64.25 76757 FED EX FedEx 04/27/2022 7.54
76758 GAMED! Game Time 04/27/2022 2,997.00
76759 GEO LOG Geologic Associates 04/27/2022 45,250.75
76760 GRAING Grainger 04/27/2022 130.15
76761 IRWIND21 Itwindale Hand Wash & Auto Detail 04/27/2022 1,380.45 76762 ITERJS Iteris, Inc. 04/27/2022 1,700.00
76763 JCSPLU JC1
s Plumbing & Backflow Svc 04/27/2022 602.72
76764 KATZOI Jeff Katz Architecture 04/27/2022 44,936.00 76765 JOEAGO Joe A. Gonsalves & Son 04/27/2022 2,375.00 76766 K.JSERVOI KJ Services Envirornental Consulting LLC 04/27/2022 170.00 76767 LAND SC Landscape Warehouse III Inc. 04/27/2022 3.99 76768 LEVEL02 Level Fitness LLC 04/27/2022 6,161.25
76769 LINCOL03 Lincoln Aquatics 04/27/2022 11,602.31
76770 LSAOI LSA Associates, Inc. 04/27/2022 11,557.50
76771 MAINTEOI Maintex 04/27/2022 2,072.38
76772 MIDAS Manuel C Muratalla 04/27/2022 2,369.98
76773 CALIBEO! Lawrence E. Marino 04/27/2022 4,499.52
76774 MARXBR Marx Bros Fire Extinguisher Co 04/27/2022 3,429.85 76775 OFFICE03 Office Depot 04/27/2022 373.04
76776 PHASEII PARS 04/27/2022 1,750.00
76777 PRO PRINT Pro Printing, Inc, 04/27/2022 2,282.90
76778 RICOHO! Ricoh USA, Inc 04/27/2022 1,268.25
76779 RJOHONOI Rio Hondo College 04/27/2022 493.19
76780 ROSENO Rosenow Spevacek Group Inc 04/27/2022 637.50 76781 SPRJNG Springbrook Software, Inc. 04/27/2022 313.25 76782 STERICO! Stericycle, Inc. 04/27/2022 0.21
76783 STEVEN05 Steven A. Ormenyi & Assoc. 04/27/2022 26,208.44 76784 NORTHR The Northridge Group, Inc. 04/27/2022 6,237.95 76785 TRANSP02 Transportation & Energy Solutions, Inc. 04/27/2022 32,682.85 76786 TUTOROI Tutor.com 04/27/2022 2,000.00
76787 WESTC005 West Coast Arborists, Inc. 04/27/2022 2,720.00 Report Total (95 checks): 579,536.09
AP Checks by Date ~ Summary by Check Number (4/2112022 6:02 PM) Page2 El City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: April 27, 2022
City if

IRWINDALE

AGENDA REPORT
CC Item 1C
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Waive the Formal Bidding Procedures and Authorize the City Manager to enter into an Agreement with Pyro Spectaculars for the 4th of July Fireworks Show
City Manager's Recommendation:
1) Approve Resolution No. 2022-38-3288, entitled, A Resolution of the City Council of the City of Irwindale, California, Waiving Formal Bidding Procedures Pursuant to Irwindale Municipal Code Section 3.44.080(H), Authorizing the Issuance of a Purchase Order and Authorizing the City Manager to Enter into an Agreement with Pyro Spectaculars, Inc. to provide a Fireworks Display Show at the Housing Authority owned 10-acre Site on Allen Drive.

Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:
01005.00011784986.1
Electronically Approved

For almost 20 years, the City of Irwindale has had its annual 4th of July Fireworks Display Show in different sections of the former Manning Pit site with the last few years on Assessor's Parcel No. 8417-34-912, known as the Housing Authority owned 10-acre site on Allen Drive (10-acre Site). The continuation of this show on the 10-acre property requires two approvals. The first is approval from the Housing Authority Board to use the 10-acre Site. On April 27, 2022, the Housing Authority Board adopted Resolution No. 2022-07-117, authorizing and approving the use of the 10-acre Site for the Fireworks Display Spectacular event. The second deals with the required fall zone radius of 420', which encroaches into private property thus requiring the City of Irwindale to obtain approval from the property owner. The City has received approval from the private property owner to allow for encroachment into their property, which enables the City to continue to have the Fireworks Display Show at this location.

The cost of the Fireworks Display Show would exceed $30,000, which required a formal Request for Proposals.

On February 28, 2022, Recreation staff released Request for Proposals No. 2022-REC1 Fireworks Display for the City of Irwindale on the 4th of July. A notice for Requests for Proposals was posted in the San Gabriel Valley Tribune, on the City's website, at City Hall, at the Irwindale Public Library and at the Irwindale Post Office on February 28, 2022.

A mandatory site walk was schedule for Monday, March 14, 2022 at 8:30 am and attended by Recreation Manager Priscilla Zepeda, Public Works Maintenance Supervisor Pedro Rodriguez and a representative of Pyro Spectaculars. No other fireworks companies attended the mandatory site walk. As such, Pyro Spectaculars was the only company to meet the qualifications to submit an RFP. Questions on this RFP were due on Wednesday, March 16, 2022. There were no questions submitted or addenda released for this RFP. The proposals were due on Tuesday, March 29, 2022 at 2:00 pm. Pyro Spectaculars, Inc. submitted an incomplete proposal to the Recreation Division on Tuesday, March 29th in the amount of $33,350. Pyro Spectaculars failed to submit Forms A - D. Therefore, the City of Irwindale must reject Pyro Spectaculars proposal for Request for Proposal No 2022-REC1 Fireworks Display.

Due to time restraints and the immediate need for the City of Irwindale to sign a contract to secure a fireworks company for this popular date across Southern California, staff is requesting the City Council waive the bidding process under Irwindale Municipal Code Section 3.44.080(H}, which states the bidding process can be waived "when the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination." It is in the best interest of the City of Irwindale to dispense with formal bidding, because without doing so, the City would have to forego its 4th of July Fireworks Show. The Fireworks Display Show is a benefit to the community, allowing residents and community members the opportunity to safely celebrate 4th of July in the City Parks with their families and friends while ending the night with a Fireworks Display Spectacular. The 4th of July Spectacular has been the City of lrwindale's annual celebration for more than two decades. The Fireworks Display Show for 2022 was an approved event by the City

Council on February 23, 2022. Pyro Spectacular has provided this service to the City for almost 20 years in the same location, as they are familiar with the site, site conditions, Los Angeles County Fire Department requirements and City Maintenance Staff, who they work with each year to ensure a smooth and spectacular fireworks show. Additionally, over the years, the cost of service has always fallen under the signature authority of the City Manager, which provides a disservice to these companies as they are not familiar with the formal bid process.

Fiscal Impact:

The 2022 Fireworks show costs approximately $33,350 and this cost has been covered annually by a sponsorship from Athens Services. Sufficient funding for this show is available from a donation made from Athens Services.

Attachment(s):

1. Resolution No. 2022-38-3288

2. Pyro Spectaculars, Inc. Proposal & Contract
01005.0001/784986.1 Page 3
RESOLUTION NO. 2022-38-3288

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

CALIFORNIA WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(H), AUTHORIZING THE

ISSUANCE OF A PURCHASE ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH PYRO SPECTACULARS, INC.

TO PROVIDE A FIREWORKS DISPLAY SHOW AT THE HOUSING AUTHORITY OWNED 10-ACRE SITE ON ALLEN DRIVE.

WHEREAS, for almost 20 years, the City of Irwindale has had its annual 4th of July Fireworks Display Show in different sections of the former Manning Pit site with the last few years on Assessor's Parcel No. 8417-34-912, known as the Housing Authority owned 10-Acre Site on Allen Drive (10-acre Site); and
WHEREAS, the Housing Authority must approve and authorize the use of this property for City of Irwindale and Pyro Spectaculars, Inc. use on July 4, 2022 for a Fireworks Display Show; and
WHEREAS, on April 27, 2022, the Housing Authority Board adopted Resolution No. 2022-07-117, authorizing and approving the use of the 10-acre Site for the Fireworks Display Spectacular event; and
WHEREAS, staff was informed that the cost of the Fireworks Display Show for 2022 would be over $30,000, which requires a formal bidding process; and WHEREAS, on February 28, 2022, staff released a formal Request for Proposals (RFP) No. 2022-REC1 Fireworks Display for the City of Irwindale on the 4th of July and posted a notice in the San Gabriel Valley Tribune, on the City of Irwindale website, at City Hall, at the Irwindale Public Library, and at the Irwindale Post Office; and WHEREAS, on Monday, March 14, 2022, a mandatory site walk was held with only City Staff and Pyro Spectaculars in attendance; and
WHEREAS, the proposals were due on Tuesday, March 29, 2022 with Pyro Spectaculars submitting an incomplete proposal when they failed to provide Forms A through D requiring the City to reject their proposal; and WHEREAS, staff is requesting to waive the formal bidding procedures due to time restraints and the need to enter into a contract to secure a July 4, 2022 fireworks show, which is an extremely popular day for fireworks company; and WHEREAS, Irwindale Municipal Code ("IMC") Section 3.44.080(H) states that the City Council may waive the bidding process "when the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination"; and WHEREAS, the City Council desires to waive formal bidding procedures pursuant to IMC section 3.44.080(H) in the best interest of the City and authorize the City Manager 01005.0001/784981.1
to issue a Purchase Order and enter into an Agreement with Pyro Spectaculars, Inc. to provide a Fireworks Display Show.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.

SECTION 2. The City Council hereby finds that it in the best interest of the City to waive the bidding process as authorized pursuant to Irwindale Municipal Code Section

3.44.080(H), because the Fireworks Display Show provides a benefit to the community, allowing residents and community members the opportunity to safely celebrate 4th of July in the City Parks with their families and friends while ending the night with a Fireworks Display Spectacular.

SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process pursuant to Irwindale Municipal Code Section 3.44.080(H) and authorizes the issuance of a purchase order to Pyro Spectaculars, Inc.

SECTION 4. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into a purchase agreement with Pyro Spectaculars, Inc., in the amount of $33,350 to provide a Fireworks Display Show on Assessor's Parcel No. 8417-34-912, also known as the Housing Authority owned 10-Acre Site on Allen Drive.

SECTION 5. 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 any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 6. The Chief Deputy City Clerk shall certify the adoption of this Resolution which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this 27th day of April 2022.

Larry G. Burrola, Mayor
01005.0001/784981.1
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2022-38-3288 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of April 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
01005.0001/784981.1
Laura M. Nieto, MMC
Chief Deputy City Clerk

March 29, 2022
City of Irwindale
Priscilla Zepeda
5050 N. Irwindale Ave.

Irwindale, CA 91706
RFQ 2022-REC1
Dear Ms. Zepeda,
In response to RFQ 2022 REC-1, Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your July 4, 2022, 2023 and 2024 celebrations. The following proposal outlines your Programs "A" and "B" for the amount of $33,350.00. The various fireworks elements provided in Program "A" are prepared to shoot from the open lot at 5000 Allen Drive. The various fireworks elements provided in Program "B" are prepared to shoot from the Alfred F. Herrera Softball Field.

In addition to fireworks, our full service program includes the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and safety equipment used for support and protection. The price also includes insurance coverage, sales tax and delivery. To help ensure public safety, we work directly with the local fire authority while we apply for the necessary fire department permits. Our winning combination of products, people and production capabilities help produce the safest fireworks entertainment package possible.

Your organization will be responsible for payment of all Fire Department permit fees and/ or standby firemen fees, if any. The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location and all necessary security for the display site.

Enclosed you will find a Product Synopsis, plot plans, Production Agreements for signature and Scope of Work. Please have one copy of the fully executed agreement for the display of your choice returned to our office by April 13, 2022 along with your Initial Payment.

Please take the time to review this proposal in detail. If you wish to discuss any changes in your program or need more information, please call either myself or your Customer Service Representative Maria Barajas at (909) 355-8120 ext. 228.

Sincerely,
PYfitiPECT CULARS, INC.

I
Christopher Souza
PYRO Show Producer
CS/mb
Enclosures Pyro Spectaculars, Inc.

P.O. Box 2329 • Rialto, CA 92377 • Phone: (909) 355-8120 or (888) 477-PYRO • Fax: (909) 355-9813 Table of Contents
+ Product Synopsis
+ Plot Plans Site 1 and Site 2
+ Production Agreement (3 year)
+ Scope of Work
Product Synopsis • Pyrotechnic Proposal
City of Irwindale
ROGRAM A - J 4, 2022
5000 Allen Drive Lot
$33,350.00
Main Body - Aerial Shells
Description Quantity
+ 3" Souza Designer Selections 150
+ 4" Souza Designer Selections 120
+ 5" Souza Designer Selections 96
+ 6" Souza Designer Selections 45
Total of Main Body - Aerial Shells 411
Grand Finale
Description
+ 2.5" Souza Designer Bombardment Shells
+ 3" Souza Designer Bombardment Shells
+ 4" Souza Designer Bombardment Shells
Total of Grand Finale
Grand Total
Quantity
144
60 30
234
645
Product Synopsis • Pyrotechnic Proposal
Ci of lrwind le
ROG RAM B - July 202
Alfred F. Herrera Softball Field
$33,350.00
Main Body - Aerial Shells
Description
+ 2.5" Souza Designer Selections
+ 3" Souza Designer Selections
Total of Main Body - Aerial Shells
Pyrotechnic Devices
Description
+ Sousa Platinum Line Custom Multishot Device
+ Sousa Diamond Line Custom Multishot Device
+ Sousa Emerald Line Custom Multishot Device
+ Sousa Ruby Line Custom Multishot Device
+ Sousa Silver Line Custom Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
+ 2" Souza Designer Bombardment Shells
+ 2.5" Souza Designer Bombardment Shells
+ 3" Souza Designer Bombardment Shells
Total of Grand Finale
Grand Total
Quantity
192
310
502
Quantity
500 Shots
1500 Shots
600 Shots
1000 Shots
125 Shots
3,725
Quantity
100
90 120
310
4,537

Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813

PRODUCTION AGREEMENT
(Special)
City oflrwindale
Program A
July 4, 2022, 2023 & 2024
Pagelof4
This agreement(" Agreement11) is made this day of 2022 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and City of Irwindale, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein.

I. Engagement ~ CLIENT hereby engages PYRO to provide to CLIENT three (3) fireworks productions ("Production"). and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference.
l. l PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, all as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
l .2 CLIENT Duties - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any pennission necessary to utilize the Site for the Production, and the other things on its part to be perfonned as more specifically set forth below in this Agreement and in the Scope ofWork. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. AU other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.

2. Time and Place - The Productions shall take place on July 4. 2022. 2023 and 2024 at approximately 9:00 p.m., at Rocle Quarry across the street from the City Hall. 5000 Allen Dr., Irwindale, £d, Site.

3. Fees. Interest. and Expenses -

3. l Fee - CLIENT agrees to pay PYRO a fee of $33.350.00USD (THIRTY-THREE THOUSAND JHREE HUNDRED FIFTY DOLLARS) C1Fee 11) for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee $16,675.00USD (SIXTEEN THOUSAND SIX HUNDRED SEVENTY FIVE DOLLARS) plus estimated pennit and standby tees, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of $16.675.00, upon the execution of this Agreement by both parties but no later than April 13. 2022. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs",) The balance of the Fee shall be paid no later than July s. 2022. CLIENT authorizes PYRO to receive and verify credit and financial infonnation concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.

3.2 Fee-For the July 4, 2023 Production CLIENT agrees to pay PYRO a fee of$34.350.00 USD (THIRTY-FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO $17.175.00 USD (SEVENTEEN THOUSAND ONE HUNDRED SEVENY-FIVE DOLLARS) of the Fee plus estimated pennit and standby fees, specified production costs, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of$17.175.00, as a deposit ("Deposit") no later than April 3. 2023. The balance of the Fee shall be paid no later than Juiy 5. 2023.

3.3 Fee- For the July 4. 2024 Production, CLIENT agrees to pay PYRO a fee of$35.350.00 USD (fHIRTY-FIVE THOUSAND THREE HUNDRED FIFTY DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO $17.675.00 USD (SEVENTEEN THOUSAND SIX HUNDRED SEVENTY-FIVE DOLLARS) of the Fee plus estimated pennit and standby fees, specified production costs, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of$17.675.00, as a deposit ("Deposit") no later than Aprill. 2024. The balance of the Fee shall be paid no later than July 5, 2024.

3.4 Upon mutual written agreement of the Parties, this Agreement may be extended by the Parties for up to two (2) additional one (1) year tenns, the cost of which shall not exceed 10% from year 2024 to 2025 and year 2025 to 2026.

3.5 Interest -In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of I .5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys• fees.

3.6 Expenses-PYRO shall pay all nonnal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work.

4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-partyowned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rigbts in or to CLIENT-owned material and third-party·owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production, PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written pennission of PYRO is prohibited.

PSI V-202!-2
Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813
City of Irwindale
Program A
July 4, 2022, 2023 & 2024
Page2of4

5. Safety - PYRO and CLIENT shall each comply with applicable federa1, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be· discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.

6. ~ - CLIENT shall provide adequate security personnel. barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.
7, ~ - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO, CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.

8. Permits - PYRO agrees to apply for pennits for the firing of pyrotechnics only from the Los Angeles County Fire Department, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these pennits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use pennits or any pennission or pennit required by any Local, Regional, State or Federal Government.

9. Insurance - PYRO shall at all times during the perfonnance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.

The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Pennitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services.

10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold hannless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal iqjury. ancVor damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in perfonning the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.

12. Force Majeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.

13. Rescheduling OfEvent-IfCLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses wil1 be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling win not adversely affect nonnal business operations during those periods.

14. Right To Cancel - CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75o/o if cancellation occurs 15 to 29 days prior to the scheduled date, 3) I 00% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.

PSI V-2021-2
Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813
City of Irwindale
Program A
July 4, 2022, 2023 & 2024

I 5. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.

16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.

It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.

17. Notices - Any Notice to the Parties pennitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO-Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California. 92377, or for overnight delivery to 3196 N.

Locust Avenue, Rialto, California 92377. CLIENT- City of Irwindale. 5050 N. Irwindale Ave .. Irwindale. CA 91706.

18. Modification of Terms-All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.

19. Severabllitv - If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shaJI be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

20. Price Firm - If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 1 S days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.

PRICE FIRM through April 13, 2022
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.

See PRICE FIRM conditions, paragraph 20, above.

EXECUTED as of the date first written above:

PYRO SPECTACULARS, INC. City of Irwindale
Its:
(~~L President
Date 8 ~(, /22-
1 Print Name
Date: ------------
SHOW PRODUCER: Christopher Souza
PSI V-202!-2
Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813

SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of Irwindale ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:

City oflrwindale
Program A
July 4, 2022, 2023 & 2024

• The Pyro Spectaculars, Inc., Productions shall take place on July 4. 2022. 2023 and 2024, at approximately 9:00 p.m., at .R!!£!i Quarry across the street from the City Hall. 5008 Allen Dr .. Irwindale. CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:

Insurance Requirements
Commercial General Liability
Business Auto LiabilityOwned. Non-Owned and Hired Autos Workers' Compensation
Employer Liability
$5,000,000.00
$5,000,000.00
Statutory
$1,000,000
CLIENT shall provide to PYRO the following goods and services:

Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
• All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal govermnent that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all setup and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.

PSI V-2021-2
0City Council
0Successor Agency
0Housing Authority
Cityo/
IRWINDJX:

CC Item 1 D, SA Item 1 C
HA Item 1B
D Reclamation Authority
DJoint Powers Authority

AGENDA REPORT
Date:

To:

From:

Issue:

April 27, 2022
Honorable Mayor and Members of the City Council
Successor Agency Board
Housing Authority Board
Julian A. Miranda, City Manager/Executive Director
Investment Quarterly Report for March 31, 2022
City Manager/Executive Director's Recommendation:

Receive and file the Investment Quarterly Report for March 31, 2022.

Administrative Action:

Submitted by:

Jeanette Duran,
Interim Finance Director/City Treasurer
(626) 430-2268
Prepared by:

Jeanette Duran,
Interim Finance Director/City Treasurer
Reviewed by:

Adrian R. Guerra, City Attorney/Authority Counsel
Electronically Approved
Jeanette Duran,
Interim Finance Director/City Treasurer
Approved by:

Julian A. Miranda, City Manager/Executive Director
01005.0001/693677.1 Page 1
Background and Analysis:

California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City's adopted investment policy (City's Investment Policy).

The City's Investment Policy applies to all funds held by the City, Housing Authority, Successor Agency, and Reclamation Authority. The Reclamation Authority's funds are included in the City's cash and investment balances.

The attached Investment Report summarizes the cash balances and investments as of March 31, 2022 for each agency. The City of lrwindale's balances include investments of all funds of the City and its agencies, which are pooled to maximize the interest yield. The cash balances in the general account with Bank of the West also include all funds of the City and its agencies, which also earn interest on the pooled cash balances.

The Investment Report itemizes how much is invested in the Local Agency Investment Fund (LAIF) accounts, certificates of deposits and federal agency securities. All investments comply with the City's Investment Policy.

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation Authority are pooled to maximize interest yields. The Reclamation Authority Board is not scheduled to meet again until June 8, 2022. Therefore, this same Investment Report will be included in the Reclamation Authority's Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

There is no fiscal impact to receive and file this report.

Attachment:

City of Irwindale Investment Report- March 31, 2022
Page2

DESCRIPTION OF SECURITY

CITY OF IRWINDALE

INVESTMENT REPORT
March 31, 2022

PAR VALUE/

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE MATURITY

DATE DATE
CITY OF IRWINDALE {POOLED - ALL FUNDS, INCLUDING RECLAMATION AUTHORITY)

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)

US GOVERNMENT AGENCIES

FEDERAL HOME LN BKS CONS BD (FHLB)

FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB)

FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB)

FEDERAL HOME LN BKS CONS BD (FHLB)

FEDERAL HOME LN BKS CONS BD (FHLB)

FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB)

FEDERAL HOME LN BKS (FHLB)
Sub-Total US Government Agencies:

CERTIFICATES OF DEPOSIT

FIRST ST BANK (FRSTE)

BRIDGEWATER BK (BRDGW)

MARLIN BUSINESS BK (MRLN)

COMENITY CAP BK (ADSK)
Sub-Total Certificates of Deposit:

Total City of Irwindale Investments (Pooled Funds):

HOUSING AUTHORITY <Funds 11 & 12)

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)
SUCCESSOR AGENCY (Funds 50-66)

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)

GRAND TOTAL OF INVESTMENTS
$ 4,800,665 0.36%
46,498,252 0.37%
5,000,000 0.52% 07/28/21 01/28/25
5,000,000 0.58% 06/23/21 06/23/25
3,000,000 0.90% 06/15/21 06/15/26
5,000,000 1.00% 06/30/21 06126126
5,000,000 0.50% 06/30/21 06/30/26
5,000,000 0.87%1 07/28/21 07128126
5 000,000 o:so% 07/29/21 07129126
33,000,000
240,000 2.00% 06/30/17 04/29/22
240,000 2.00% 06/29/17 06129122
240,000 2.05% 06/29/17 06/29/22
240 000 2.25o/o 06/30/17 06/30/22
960,000
85,258,917
181,938 0.36%
7,669,316 0.37%
7,851,254
164,226 0.36%
13 472 919 0.37%
13,637,144
106,747,315
$
MARKET
VALUE
4,800,665
$ 46,498,252
4,739,450
4,684,400
2,812,560
4,701,900
4,699,400
4,688,850
4 743 350
31,069,910
240,300
240,919
240,948
241 078
963,245
83,332,071
181,938
7 669 316
7,851,254
164,226
13472919
13,637,144
104,820,470
This investment portfolio is in conformity with the City of hwindale's Investment Policy which was approved by City Council on June 9, 2021.

INVESTMENT
RATING
AAA
AA+
AAA
AAA
AAA
AAA
AAA
The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.21 years, and the weighted average yield of the City's pooled investments at cost is 0.479°/o. Market prices of securities are obtained directly through Bank of the West. Due to timing, Bank of the West General Account balances are pre-reconciled and yield rates are based on the prior month account analysis statement.

Approved by --'<fJ""""'°"!J..-1"". """".A"-"-,..CUJ__""'--"'---- Jeanette Duran, Interim Finance Director/City Treasurer 18JCity Council
18JSuccessor Agency
l8J Housing Authority
l8J Reclamation Authority
DJoint Powers Authority
Date: April 27, 2022
City if
CC Item 1 E, SA Item 1 D
HA Item 1C
IRWINDA:+-JOr------'

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From:

Issue:

Honorable Chairman and Members of the Successor Agency Board Honorable Chairman and Members of the Housing Authority Board Julian A. Miranda, City Manager/Executive Director
Approval of Extension of Contract for Annual Audit Services.

City Manager/Executive Director's Recommendation:

Approve the extension of the existing contract with Lance, Soll & Lunghard, LLP, to provide annual audit services for two additional years.

Administrative Action:

Submitted by:

Jeanette Duran
Interim Finance Director/City Treasurer
(626) 430-2268
Reviewed by:

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

Julian A. Miranda, City Manager/Executive Director
Electronically Approved

Background and Analysis:

The City has an existing contract with Lance Soll & Lunghard, LLP, a licensed Certified Public Accountants (LSL), to conduct an audit of the citywide financial operations, and to assist in the preparation of the City's Annual Comprehensive Financial Report (ACFR) and other required reports. The existing contract included the term of three fiscal years ending June 30, 2020 through June 30, 2022, with an option for a two-year extension.

City Staff is recommending the approval of the two year contract extension with LSL. The current audit firm's in-depth knowledge of the City's financial processes and operations provides valuable continuity, particularly with respect to the recent significant changes with the dissolution of the redevelopment agency and pension liability valuation and reporting.

The term extension of two additional years will provide for audit services for fiscal years ending June 30, 2023 and June 30, 2024. The services provided in the annual audit will remain the same as in prior years. These services are listed in the Scope of Services in the existing contract, and include:
• Financial audits of the City's and component unit financial operations; • Preparation of the financial statements and notes to conform with generally accepted financial statements;
• Assistance in preparation of the City of Irwindale CAFR in order to obtain GFOA Award of Excellence;
• Perform a review of the City's Proposition 4 (Gann Limitation) as required by Proposition 111 and issue required report for Appropriations Limit; • Single audit procedures and report if necessary (required only if the City expends Federal funding over $750,000);
• Review, analyze and make recommendations on the internal control structure of the City's financial operations.

Fiscal Impact:

This professional services contract is for citywide financial comprehensive audit services.

As provided in the Schedule of Compensation (Exhibit B of the existing contract), the proposed cost for the two year extension option include a three percent (3%) increase in the annual fees.

Audit services are budgeted every year during the regular budget process. The audit for all funds of the City of Irwindale will be $38,349 for FY 2022-2023 which will take place during FY 2023-2024. The audit services for the Successor Agency will be $6,343, the Housing Authority will be $5,373, and the Irwindale Community Foundation will be $4,917.

The amount listed for a Single Audit of $5, 190 will only be charged if a federally mandated Single Audit is required, which is rare, and will be charged to the fund where the federal expenditures are charged from.

Page2
Attachments:
1) Amendment No 1 To Professional Services Agreement for Auditor Services 2) Professional Services Agreement for Auditor Services dated December 11, 2019 3) Appendix A - Lance, Soll & Lunghard, LLP Quote for Audit Services

AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES

TIITS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES ("Amendment") by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation ("City") and LANCE, SOLL & LUNGHARD, LLP, a California limited liability partnership ("Consultant") is effective as of the 27th day of April, 2022.

RECITALS
A. City and Consultant entered into that certain Professional Services Agreement for Audit Services dated December 11, 2019 ("Agreement") whereby Consultant agreed to provide auditing services to City and related agencies mentioned in Exhibit A of the Agreement ("Services").

B. City and Consultant now desire to amend the existing Agreement pursuant to the terms of this Amendment to extend the services to cover auditing for the 2023 and 2024 Fiscal Years of the City and the aforementioned related agencies and provide for the fees for such services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough. (a) The provisions of Section 2.1 of the Agreement shall be amended in its entirety and shall read as follows:

Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the " Schedule of Compensation and Performance" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of $69,487 for FY 2019-2020, $71, 572 for FY 2020- 2021, am!$ 73, 719 for FY 2021- 2022, $75,929 for FY 2022-2023, and $78,208 for FY 2023-2024, for a total contract sum over three-five fiscal years of Three Hundred Sixty-Eight Thousand, Nine Hundred, and Fifteen Dollars($ 368,915) (" Contract Sum").

2. Continning Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been - 1 - 01005.0001/761283.1
no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
-2-
01005.00011761283.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

ATTEST:

Laura Nieto, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:

By:~~~~~~~~~~~~~~­
Name:

Title:

By:~~~~~~~~~~~~~~­
Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. - 3 - 01005.0001/761283.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE(S) TITLE OR TYPE OF DOCUMENT

D PARTNER(S) D LIMITED

D GENERAL

D ATTORNEY-IN-FACT

D TRUSTEE(S) NUMBER OF PAGES

D GUARDIAN/CONSERVATOR

D OTHER
SIGNER IS REPRESENTING: DA TE OF DOCUMENT
(NAME OF PERSON(S) OR ENTITY(IES))

SIGNER(S) OTHER THAN NAMED ABOVE
01005.0001/761283. I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose narnes(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE(S) TITLE OR TYPE OF DOCUMENT

D PARTNER(S) D LIMITED

D GENERAL

D ATTORNEY-IN-FACT

D TRUSTEE(S) NUMBER OF PAGES

D GUARDIAN/CONSERVATOR

D OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT
(NAME OF PERSON(S) OR ENTITY(IES))

SIGNER(S) OTHER THAN NAMED ABOVE
01005.0001/761283.1

CITY OF IRWINDALE

PROFESSIONAL SERVICES AGREEMENT FOR

AUDIT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreemenf') is made and entered into this 11th day of December, 2019, by and between the CITY OF IRWINDALE, a California municipal corporation ("City") and Lance, Soll and Lunghard, LLC (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses. Permits. Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. There are no additional terms and conditions of to this Agreement.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation and Performance" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of $69,487 for FY 2019-2020, $71,572 for FY 2020- 2021, and $73,719 for FY 2021-2022, for a total contract sum over three fiscal years of Two Hundred Fourteen Thousand, Seven Hundred and Seventy-Eight Dollars ($214,778) ("Contract Sum").

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
01005.0001/295421.! 1 Rev 10/2018
City shall independently review eacll invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five ( 45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting :from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract silln but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Compensation and Performance" attached hereto as Exhibit "B" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, :freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, ifthe Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for 2 01005.0001/295421.l Rev 10/2018
any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.
3 .4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (3) years, with the City's option to extend for two (2) additional one-year periods.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Richard Kikuchi, Managing Partner, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith.

All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. William Tam, City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office 3 01005.0001/295421.1 Rev 10!2018
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injuxy and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than.$1,000,000 combined single limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Ap.y policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. (d) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

5.2 Other Provisions or Requirements.
(a) Proof ofinsurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers' Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers' Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance of services. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of Coverage. Consultant shall procure and maintain each of the insurance policies required in Section 5 .1 for the duration of the Agreement, and any extension thereof.
( c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant's insurance and shall not contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply 4 01005.0001/295421.l Rev 10/2018
on a primary and non-contributory basis for the benefit of City before the City's oWll insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's Rights of Enforcement. fu the event any policy ofinsurancerequired under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium · . paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. ( e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line fusurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nomenewal of coverage for each required coverage.

G) Additional fusured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and 5 01005.00011295421.1 Rev 1012018
volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(1) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City's Right to Revise Specifications. The City reserves the right at anytime during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Deductibles/ Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related investigations, claims a~nistration and defense expense.
(p) Timely Notice of Claims. Consultant shall give City prompt and time! y notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5 .3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents-("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, 6 01005.000l/Z95421.I Rev 1012018
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indenmitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indenmification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indenmity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract 7 O!DOS.0001/295421.1 Rev 1012018
Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6 .3 Confidentialitv and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization fro~ the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

6.5 8
01005.00011295421.1 Rev 10/2018

7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7 .1 California Law. This Agreement shall be inteipreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7 .2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7. 3 Legal Action. In addition to any other rights orremedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights· or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for 9 01005.0001/295421.1 Rev 1012018
the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "B". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section: 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS
8 .1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or comrnunicatlon either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Ave., Irwindale CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Intem:ation; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and.all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement 10 O!OOS.0001/295421J Rev 1012018
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. ·

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defynd or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8. 8 Intetpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Countetparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or beiog awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials __ _
11 OIOOS.0001/295421.1 Rev 10/2018

8.11 Cm;porate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
12 01005.0001/295421.1 Rev 10/2018
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:
corporation
Willi
CONSULTANT:

By: ____________ _
Name:

Title:

Address: ____________ _
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 13 01005.0001/295421.1 Rev 10/2018

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing tlrls certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On 2018 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the .within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that ihe foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment oftlrls fonn.

CAPACITY CLAJMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0001/295421.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On 2018 before me, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAP A CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.00011295421.!
EXHIBIT "A"

SCOPE OF SERVICES
The annual services that would be provided for the City oflrwindale would be as follows:

1. Contractor will perform an audit of all funds of the City of Irwindale that shall include the following oversight and component units:

City oflrwindale
Successor Agency to the Irwindale Community Redevelopment Agency Irwindale Housing Authority
Irwindale Reclamation Authority
Irwindale Community Foundation
The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States.

2. Contractor shall work with the City in preparing the Comprehensive Annual Financial Report (CAFR) will be prepared and word processed by the Contractor. The CAFR will be in full compliance with GASB 34. The audit firm will render their auditors' report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The Contractor will also apply limited audit procedures to Management's Discussion and Analysis (MD&A) and required supplementary information.

3. Contractor will perform a single audit on the expenditures of federal grants in accordance with OMB Circular A-133 and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City's financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133.

The single audit report will include appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses and follow up on prior audit findings where required. As a note, a Single Audit will only be required if federal expenditures exceed the required threshold, currently at $750,000.

4. Contractor shall perform all GASB 68 testwork and reporting for complying with pension liability reporting requirements.

5. Contractor shall perform all GASB 7 5 testwork and reporting for complying with Other Post Employment Benefit liability reporting requirements.

6. Contractor shall perform a review of the City's Proposition 4 (Gann Limitation) as required by Proposition 111. This review shall be conducted according to guidelines established by the 01005.00011295421.l
League of California Cities. Contractor shall prepare and issue the Independent Accountant's Report of Agreed-Upon Procedures Applied to Appropriations Limit Worksheets.

7. Contractor shall prepare a management letter containing comments and recommendations for improving the accounting procedures and the systems for internal controls (control deficiencies not considered material weaknesses)

8. Contractor will prepare a letter to the City Council containing required communications about the audit process.

9. Contractor will deliver the Housing Authority Financial Statements and the Independent Auditors' Report by no later than November 30th of each fiscal year. This of course is assuming City has met all required deadlines as outlined in the Prepared by Client Listing and responded timely to all inquiries and requests.

10. Contractor will deliver the CAFR and all other required reports in order to timely file for the Government Finance Officers' Association Excellence in Financial Reporting Award every fiscal year.

11. Contractor will assist the City with the implementation of new GASB pronouncements required by Governmental Accounting Standards Board.

12. Contractor will review and make recommendations on the internal control structure of the finance operations, and prepare reports to the governing bodies of any findings.

13. Contractor will keep the City informed on state and national developments affecting accounting, audit and financial reporting issues.

14. Contractor will, on an as needed basis, provide basic advice and guidance on financial reporting.
01005.00011295421.1
EXH1BIT "B"

SCHEDULE OF COMPENSATION AND PERFORMANCE
City of Irwindale
LSL Proposed Audit Years and Audit Fees:

Option Years
FY2020 FY2021 FY2022 FY2023 FY2024
City Audit and CAFR Preparation $ 35,095 $ 36,148 $ 37,232 $ 38,349 $ 39,500 Successor Agency 5,805 $ 5,979 $ 6,159 $ 61343 $ 6,534
Single Audit* 4,750 $ 4,893 $ 5,039 $ 5,190 $ 5,346
Housing Successor 4,917 $ 5,065 $ 5,217 $ 5,373 $ 5,534 lrwlndale Community Foundation 4,500 $ 4,635 $ 4,774 $ 4,917 $ 51065 GASB 68 Testwork and Reporting 10,815 $ 11,139 $ 11,474 $ 11,818 $ 12,172 GASB 75 Testwork and Reporting 3,605 $ 3,713 $ 3,825 $ 3,939 $ 4,057 $ 69,487 $ 71,572 $ 73,719 $ 75,931 $ 78,209
*Per Major Program
Contractor will deliver the Housing Authority Financial Statements and the Independent Auditors' Report by no later than November 30th of each fiscal year. This of course is assuming City has met all required deadlines as outlined in the Prepared by Client Listing and responded timely to all inquiries and requests.
01005.00011295421.I
Ls~ ....
•••• ••

CITY OF IRWINDALE
LSL CPAs - Quote for Audit Services
Appendix A
City Audit and ACFR $38,349 $39,500 Preparation
Successor Agency 6,343 6,534
Housing Successor 5,373 5,534
Single Audit Report * 5,190 5,346
Irwindale Community 4,917 5,065 Foundation
GASB 68 Testwork and 11,818 12, 172 Reporting
GASB 75 Testwork and 3,939 4,057 Reportng
Total $75,929 $78,208
IZICity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: April 27, 2022
Dhfo/

IRWINDA

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 1F
Issue: Consideration of Resolution No. 2022-36-3286, Amending the City's Personnel Rules to Modify the Effective Period of Eligibility Lists for Recruitments for Part-Time Positions
City Manager's Recommendation:
1) Adopt Resolution No. 2022-36-3286 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2015-31-2760, AMENDING SECTION 4.50 OF THE CITY'S PERSONNEL RULES REGARDING THE

EFFECTIVE PERIOD OF ELIGIBILITY LISTS FOR RECRUITMENTS FOR PART-TIME POSITIONS."
Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, Human Resources/Risk Manager
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis
The City of lrwindale's Personnel Rules, last amended by Resolution No. 2015-31-2760 on June 24, 2015, establish and facilitate a fair and equitable personnel management system within the

City organization. Personnel Rules provide documented procedures related to human resources practices, including recruitments, job classifications, personnel appointments, compensation practices, benefits, and disciplinary processes.

Section 4.50 of the Personnel Rules sets forth guidelines pertaining to the establishment and effective period of eligibility lists. An eligibility list is a list of qualified applicants who have passed all parts of an examination process and can be considered for employment for a position with the City based on minimum scores. As set forth in Section 4.50, eligibility lists for part-time and fulltime recruitments are effective for a period of twelve (12) months or until exhausted, whichever comes first. Eligibility lists may also be terminated at any time when less than three (3) eligible candidates remain.

At the October 13, 2021 City Council meeting, Council expressed its desire to amend Section

4.50, changing the effective period for eligibility lists for part-time recruitments from twelve (12) months to six (6) months and directed staff to bring back an amendment for consideration.

Per section 2.13.060 of the IMC, the Personnel Rules may be modified by a resolution of the City Council. Except as modified and reflected in Resolution No. 2022-36-3286, all other provisions of the Personnel Rules shall remain unmodified and in full force and effect.

Fiscal Impact:

There is no fiscal impact.

Attachment: Resolution No. 2022-36-3286

RESOLUTION NO. 2022-36-3286

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2015-31-2760, AMENDING SECTION 4.50 OF

THE CITY'S PERSONNEL RULES REGARDING THE DURATION OF

ELIGIBILITY LISTS FOR RECRUITMENTS FOR PART-TIME POSITIONS WHEREAS, the City Council, by Ordinance No. 521, dated March 26, 1996, adopted Chapter 2.13 of the Irwindale Municipal Code, regulating the personnel system within the City; and;
WHEREAS, pursuant to Section 2.13.060 of the Irwindale Municipal Code, the City Council of the City of Irwindale, on June 24, 2015, adopted Resolution No. 2015-31-2760 establishing the most recent version of the City of Irwindale Personnel Rules ("Personnel Rules"); and
WHEREAS, an eligibility list is a list of qualified applicants who have passed all parts of the examination process and can be considered for employment for a position with the City based on minimum established scores; and
WHEREAS, Section 4.50 [Eligibility Lists] of the Personnel Rules sets forth the duration of eligibility lists for both full-time and part-time positions; and WHEREAS, Section 4.50 [Eligibility Lists] of the Personnel Rules sets forth that eligibility lists for both full-time and part-time positions shall remain in effect for twelve ( 12) months; and WHEREAS, the City Council wishes to amend Section 4.50 [Eligibility Lists] of the Personnel Rules to provide that eligibility lists for part-time positions be effective for a period of six (6) months from the date of their establishment.

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

SECTION 1. Section 4.50 of the City's Personnel Rules shall be amended as follows (new text is shown in bold and italics):
"4.50 - Eligibility Lists.

Lists of applicants to be considered for job openings in a particular classification may be established for open competitive or promotional competitive positions. An eligibility list shall be a list of persons who have taken an open competitive or promotional competitive examination for an advertised City position and have qualified for said classification. Each such list shall bear an expiration date. The City will use the rule of three, whereby hiring or promotion selection may be made from the top three candidates on the relevant hire or promotion list. At the time selection is made, in the event one of the candidates is not available for appointment the department head/authority can request an additional (the next) name to replace the unavailable candidate. The hiring department may appoint any of the top three candidates on the eligibility list, regardless of ranking, provided all candidates with higher rankings have been interviewed.

Resolution No. 2022-36-3286

Eligibility lists for full-time employee position recruitment shall remain in effect for twelve (12) months or until exhausted, whichever occurs first. Eligibility lists for part-time employee position recruitment shall be effective for a period of six (6) months from the date of their establishment or until exhausted, whichever comes first. An eligibility list may be terminated at any time when less than three (3) eligible candidates remain.

The Personnel Officer, upon either the Personnel Officer's determination or the recommendation of the Department Director, may remove a name from an eligibility list for any of the following reasons:

A. If the eligible person accepts an appointment with the City to a regular position of the same or higher classification. Acceptance of a temporary appointment at any level will not in itself be cause for removal from an eligibility list. An eligible person may refuse an appointment to a particular position and request to remain on the eligibility list.

B. If the eligible person requests in writing removal from the list.

C. If the eligible person fails to respond within fourteen (14) calendar days to a notification or letter which has been mailed to the person's last address on file with the City.

D. If the eligible person is unable to accept any offered position.

E. If a person on a promotional eligibility list resigns from City employment.

F. If other circumstances, such as conviction of a crime involving moral turpitude or loss of a required license, make the person ineligible.

Placement on an eligibility list does not guarantee employment with the City of Irwindale.

If a vacancy exists in a classification for which there is no appropriate eligibility list, the Personnel Officer may prepare a list from one or more existing related lists by selecting names of eligible from eligibility lists for classifications which are assigned to the same or higher pay range and which have minimum qualifications similar to those of the classifications which the vacancy exists." SECTION 2. Except as so modified herein, all other provisions of the Personnel Rules shall remain unmodified and in full force and effect.

SECTION 3. This resolution shall be effective immediately upon its passage and adoption. The Chief Deputy City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 27th day of April, 2022.

ATTEST:

Resolution No. 2022-36-3286
Page2
Larry G. Burrola, Mayor
Laura M. Nieto, CMC
Chief Deputy City Clerk
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. 2022-36-3286 was duly introduced at a regular meeting of the Irwindale City Council held on April 27 2022, by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Laura M. Nieto, CMC
Chief Deputy City Clerk
Resolution No. 2022-36-3286

0City Council
OSuccessor Agency
0 Housing Authority
0 Reclamation Authority
· OJoint Powers Authority
Date: April 27, 2022
City if
IRWIND1'1....,

AGENDA REPORT
CC Item 1G
To:

From:

Honorable Mayor and Members of the City Council
Julian Miranda, City Manager
Issue: Approve Out-of-State Travel to the American Public Works Association's 2022 Annual Conference and Public Works Expo in Charlotte, North Carolina for City Staff
City Manager's Recommendation:

That the City Council adopt Resolution No. 2022-37-3287 titled "A Resolution of the City Council of the City of Irwindale Approving Out-of-State Travel to the American Public Works Association's 2022 Annual Conference and Public Works Expo in Charlotte, North Carolina for One City Staff Member."
Administrative Action:

Submitted by:

Arsanious Hanna,
Director of Engineering/ Building Official
Prepared by:

Daniel Co, Assistant City Engineer
(626) 430-2296
Reviewed by:

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

Julian Miranda, City Manager

Background and Analysis:

The American Public Works Association's (APWA) Annual Conference and Public Works Expo (PWX) draws thousands of public works professionals from all over the world. It provides over 125 education sessions that address current public works issues-as well as ongoing challenges. APWA's education sessions are based on the very latest learning models: classroom, interactive, and "live" learning labs.

Attendance at this event by the City's Director of Engineering/Building Official will provide up-to-date education and information on topics pertinent to Irwindale. Of particular interest for lrwindale's Public Works Engineering Department at this year's conference are sessions on construction management, emergency management, stormwater, flood control, bridges, and traffic engineering.

The conference also allows for the opportunity to see an extensive gathering of exhibitors that showcase the latest products, services, and technologies specific to public works; as well as opportunities to network with peers, hone leadership abilities, and learn new job skills.

Fiscal Impact:

Estimated costs for the Director's attendance at this conference are $3, 100. This figure includes registration, airfare, hotel, meals, and ground transportation. There are sufficient funds in the Public Works Engineering Department's FY 2021-2022 budget to cover the advance costs of registration, and airfare for this conference. Funding for costs to be incurred at the conference (hotel, meals and ground transportation) in August 2022 are part of FY 2022-23 department budget.

Attachments:
• Resolution No. 2022-37-3287
• APWA 2022 Conference Schedule
Page2
RESOLUTION NO. 2022-37-3287

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING OUT-OF-STATE TRAVEL TO THE AMERICAN PUBLIC WORKS ASSOCIATION'S 2022 ANNUAL CONFERENCE AND PUBLIC WORKS EXPO IN

CHARLOTTE, NORTH CAROLINA FOR ONE CITY STAFF MEMBER
WHEREAS, the American Public Works Association's (APWA) Annual Conference and Public Works Expo draws thousands of public works professionals from all over the world and provides over 125 education sessions that address current public works issues-as well as ongoing challenges; and
WHEREAS, attendance at this event by the City's Director of Engineering/Building Official allows for acquiring up-to-date education and information on topics pertinent to Irwindale, including construction management, emergency management, stormwater, flood control, bridges, and traffic engineering; and
WHEREAS, the Director of Engineering/Building Official will represent the City of Irwindale at the conference and by attending will acquire education and information for the benefit, betterment, and safety of the City and the community it serves.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The City Council finds the above recitals true and correct and they are incorporated herein.

SECTION 2. The City Council hereby finds the City's participation in the 2022 American Public Works Association Annual Conference (APWA) in Charlotte, North Carolina serves the valid public purpose of acquiring education and information for the benefit, betterment, and safety of the City and the community it serves, and approves outof- state travel for one staff member to attend the 2022 APWA Annual Conference and Public Works Expo.

SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall take effect immediately.

PASSED, APPROVED and ADOPTED this 27th day of April 2022.

Larry G. Burrola, Mayor
Resolution No. 2022-37-3287

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2022-37-3287 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of April 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Resolution No. 2022-37-3287

Laura M. Nieto, MMC
Chief Deputy City Clerk
!.~~:~] .. ·
CHARLOTTE ..

PWX2022:

NOTE: All meetings and events are at the Charlotte Convention Center unless otherwise noted.

Registration
6:30 a.m.-5:00 p.m.

First Timers and New Members Meeting
7:00-8:20 a.m.

Education Sessions
8:30-9:45 a.m.

Opening Ceremony and Keynote
10:00 a.m.-noon
Exposition Open
Noon--4:00 p.m. (non-compete: noon-3:00 p.m.)
Exhibitor Solutions Theater #1 and Theater #2
1 :00-3:50 p.m.

Technology Solutions Theater
1 :00-3:50 p.m.

New Product Theater
1 :00-3:50 p.m.

Prize Drawings
2:50 p.m.

APWA Connect LIVE!
Education Sessions
3:00--4:50 p.m.

Get Acquainted Party at NASCAR Hall of Fame
(ticketed event)
6:00-9:00 p.m.

Mon.day, August 29
Registration
7:00 a.m.-5:00 p.m.

Education Sessions
8:00-9:30 a.m.

Monday, August 29
Exposition Open
9:00 a.m.-3:00 p.m. (non-compete: 11 :OO a.m.-2:00
p.m.)
National Equipment Roadeo Competition
9:00-11 :OO a.m.

Education Sessions
9:45-11 :OO a.m.

Fleet Workshop (morning session)
9:45-11 :00 a.m.

Exhibitor Solutions Theater #1 and Theater #2
10:00 a.m.-2:50 p.m.

Technology Solutions Theater
10:00 a.m.-2:50 p.m.

New Product Theater
10:00 a.m.-2:50 p.m
CPWA Luncheon (ticketed event)
Noon-1 :30 p.m.

Prize Drawings
1:50 p.m.

Education Sessions
2:00--4:50 p.m.

Operations and Maintenance Training
2:00--4:50 p.m.

Fleet Workshop (afternoon session)
2:00--4:50 p.m.

Public Works Stormwater Summit (day one)
2:00-5:00 p.m.

Awards & Recognition Ceremony
5:00-6: 15 p.m.

PUBLIC WORKS E¥fi'.:ii

CHARLOTTE
PWX2022:

NOTE: All meetings and events are at the Charlotte Convention Center unless otherwise noted.

SK Run
7:30 a.m.

Coordinated by the North Carolina Chapter
Registration
7:00 a.m.-5:00 p.m.

General Session
8:00-9:30 a.m.

Exposition Open
9:00 a.m.-1 :OO p.m. (non-compete: 11 :OO a.m.-1 :00
p.m.)
Education Sessions
9:45-11 :00 a.m.

Small Cities Rural Communities Brunch (ticketed
event)
10:00-11:30 a.m.

Diversity Brunch (ticketed event)
10:00-11 :30 a.m.

Exhibitor Solutions Theater #1 and Theater #2
10:00 a.m.-1:00 p.m.

Technology Solutions Theater
10:00 a.m.-2:50 p.m.

New Product Theater
1 O:OO a.m.-2:50 p.m.

Prize Drawings
12:50 p.m.

Education Sessions
2:00--4:50 p.m.

Tuesday, August 30
Public Works Stormwater Summit (day two)
2:00-5:00 p.m.

Chapter Dinners
Evening
Wednesclav, August 31
Technical Tours (ticketed events)
7:00-11 :OO a.m.

Registration
7:00 a.m.-noon
Education Sessions and Classroom Workshops
7:30-10:45 a.m.

Closing General Session and Keynote
11:00 a.m.-12:15 p.m.

ISi City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 27, 2022
Cit_vo/

IRWINDALE

AGENDA REPORT
CC Item 2A
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: School/Charter Bus Video Surveillance System Policy City Manager's Recommendation:
1) Adopt Resolution No. 2022-39-3289 entitled, "A Resolution of the City Council of the City of Irwindale, Adopting and Approving a School/Charter Bus Video Surveillance System Policy" by title only, with further reading waived.

Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Electronically Approved
Electronically Approvea
The Parks and Recreation Commission has been an advocate for surveillance cameras on the City of lrwindale's school/charter buses for the past few years. At its June 2, 2021 meeting, the Parks and Recreation Commission once again requested information on the requirements for installing surveillance cameras on the City's school/charter buses. 01005.00091785014.1 Page 1
On June 9, 2021, the City Council adopted Resolution No. 2021-52-3264 entitled, "A Resolution of the City Council of the City of Irwindale Appropriating $400,000 from the City's General Fund Reserve Balance for the Citywide Video Surveillance System." This system included surveillance cameras for the City of lrwindale's two school/charter buses.

As the Information Technology Manager conducted research on the best citywide video surveillance system for the City of Irwindale, it was determined that the school/charter bus video surveillance system should be separate from the citywide system due to the different type of camera required and the length of time required to save the recordings.

After an informal bid process and reviewing camera systems from various vendors, staff awarded the purchase and installation of school/charter bus cameras to Safety Vision in October 2021. Staff received the camera system from Safety Vison in early November and the cameras were installed on Wednesday, November 17 and Thursday, November 18, 2021.

Before the cameras are turned on, a policy is recommended to be drafted and approved by the City Council. A notice and acknowledgment form will be sent to all parent(s)/legal guardian(s) informing them of the installation of these cameras in the City's school/charter buses. An acknowledgement form regarding the policy will also be provided to City employees.

Additionally, as the video recordings and any GPS location and bus sensor information created as a result of the surveillance system may be used for a legitimate purpose related to employment or business functions, including usage in disciplinary proceedings of City employees, the City has met and conferred with the representatives of the affected employee organization (ICEA) regarding the policy pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code§ 3500 et seq.).

The attached School/Charter Bus Video Surveillance System Policy has been reviewed by City staff, the City Attorney's office, California Joint Insurance Powers Authority, the Covina-Valley Unified School District, and the Irwindale City Employees Association. The Policy was brought before the Parks and Recreation Commission for their review, approval, and recommendation to the City Council for approval at its April 6, 2022 meeting.

Fiscal Impact:

The cost to purchase and install the cameras was $8,319.82 and funds were allocated in this year's budget.

Attachment(s):

1. Resolution No. 2022-39-3289 including Exhibit "A" School/Charter Bus Video Surveillance System Policy, Exhibit "B" School/Charter Bus Video Surveillance System Acknowledgement Form - Parents, and Exhibit "C" Acknowledgement of Receipt of School/Charter Bus Video Surveillance System Policy - Employees Page2
RESOLUTION 2022-39-3289

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

CALIFORNIA, ADOPTING A SCHOOL/CHARTER BUS

VIDEO SURVEILLANCE SYSTEM POLICY
WHEREAS, the City of Irwindale (City) maintains two school/charter buses for use by City residents for transportation to school, school-related activities, and other activities organized by the City; and
WHEREAS, the City of Irwindale is committed to the safety and security of students, residents, and staff who ride on such school/charter buses; and WHEREAS, the City recognizes the use of video surveillance systems on school/charter buses as an important tool in the management of safety and security and as an education tool to enhance the performance of all City staff; and
WHEREAS, the City has installed cameras in its two school/charter buses; and WHEREAS, prior to activating such cameras, the City desires to establish a policy to regulate the use of such cameras and protect the legal and privacy interests of the City, its employees, and any passengers of the City's school/charter buses; and WHEREAS, the City has met and conferred with the representatives of the affected employee organization (ICEA) regarding the installation of cameras on the City's school/charter buses and adoption of the related policy pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.).

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

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

SECTION 2. The City Council of the City of Irwindale hereby adopts the School/Charter Bus Video Surveillance System Policy, attached hereto as Exhibit "A".

SECTION 3. The City Council approves School/Charter Bus Video Surveillance System Acknowledgement Form to be sent to parents/legal guardian(s) of students providing notice of the installation of cameras, attached hereto as Exhibit "B", and approves the Acknowledgement of Receipt of School/Charter Bus Video Surveillance System Policy to be provided to City employees, attached hereto as Exhibit "C".

SECTION 4. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall take effect immediately.
01005.0009/785013.1 Resolution No. 2022-39-3289

PASSED, APPROVED AND ADOPTED this 27th day of April 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-39-3289 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of April, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-39-3289

EXHIBIT"A"

IRWINDALE

SCHOOL/CHARTER BUS VIDEO SURVEILLANCE SYSTEM POLICY
I. PURPOSE
This policy is to safeguard student privacy while providing for their safety and security.

The City of Irwindale (City) recognizes the use of video surveillance systems on school/charter buses as an important tool in the management of the security and safety of students and staff and as an educational tool to enhance the performance of all City bus staff. Student data privacy must be maintained in accordance with all federal and state statutes.

II. SCOPE
This policy applies to the City of lrwindale's "school" and "charter" buses. The City has two school buses, which are used for the transportation of students to and from school or school-related activities. The City's school buses are occasionally converted for usage as a "charter" bus and are used to transport City staff and patrons to and from field trips such as sporting events, beach trips, and other recreational activities. The City maintains two other buses, which are not covered by this policy and are exclusively used as a School Pupil Activity Buses (SPAB) by the City's Recreation and Senior Center to transport staff and patrons to and from non-school related events such as field trips.

The City of Irwindale has installed cameras in its two school/charter buses. The school/charter bus video surveillance system utilizes video recording equipment in both school/charter buses for the security and safety of students and staff, and for the purpose of monitoring the behavior of the students. Video recordings are used to support the school/charter bus driver's referral reports, regulations outlined in the California Highway Patrol HPH 82.7 Passenger Transportation Safety Handbook, and the consequences outlined in the City of Irwindale Bus Pass Information and Rules, which are also based on the Thomas Edward Lanni Act of 1997 Safety Plan in compliance with Section 39831.3 added to the California Education Code. No audio recordings will be used as part of the video surveillance system.

Ill. STAFF RESPONSIBILITY
The City of Irwindale will notify parents/legal guardians and staff that the digital video surveillance exists on all school/charter buses and that those video recordings may be used in student disciplinary proceedings and may be a student record. This notification will be located on the revised Bus Pass Information and Rules and included in the City's Resident Newsletter.

Video recordings will only be viewed by the City Manager, Public Services Director, Information Technology Manager, Human Resources/Risk Manager, and appropriate law enforcement (or any of their designees). Whenever a parent or legal guardian disputes or challenges a bus discipline report, and the student was video recorded, it will be the responsibility of the Public Services Director (or designee) to review the recording.

The video recording will be used by the Public Services Director to assist in determining whether or not the incident actually occurred and if so, the severity of the incident.

Neither the parent nor legal guardian of the student that has been video recorded, nor the student, will be allowed to view the video recording in accordance with data privacy laws, unless the student is the only subject of the recording, the Public Services Director has obtained written permission from the parents/legal guardians of all other students on the video recording for them to be viewed, or the other students can be blurred out by the recording system. Upon written request, the Public Services Director will provide a written summary of the recorded incident(s) of a student pictured on a video to the student's parents/legal guardians.

The Pubic Services Director or Information Technology Manager (or their designee) will be responsible for the security of all school/charter bus digital video surveillance equipment and for the handling of video files. If there is a request by the Public Services Director to view a recording, the Information Technology Manager will remove the digital hard drive from its recorder for safeguard until a meeting can be arranged. Digital files retained as part of an individual student's disciplinary record shall be maintained in accordance with law and the City of lrwindale's policy governing the access, review, and release of student records.

IV. USAGE OF VIDEO RECORDINGS OF CITY EMPLOYEES
Video recordings and any GPS location and bus sensor information created as a result of the surveillance system may be used for a legitimate purpose related to employment or busines functions, including usage in disciplinary proceedings of City employees.

Video Recordings and other relevant data may be released in response to a requirement that the footage be presented to law enforcement, or a need for the footage in administrative, civil, or criminal proceedings.

V. PLACEMENT OF VIDEO SURVEILLANCE CAMERAS ON SCHOOL/CHARTER BUSES
There are four cameras on each school/charter bus. The locations of each camera are as follows:

1. Camera One is placed behind the driver and records both the driver's seat and the bus passengers as they enter and exit the bus.

2. Camera Two is placed in the middle right side of the bus and records the middle section of the bus.

3. Camera Three is placed in the middle left side of the bus and records the middle 01005.0009/763001.5
section of the bus.

4. Camera Four is placed at the back right corner of the bus and records the back section of the bus, and allows for the recording of the bus from the back towards the front.

See the Staggered Camera Layout attached to this Policy as Attachment 1 providing an example diagram (not to scale) of the camera locations. The school/charter bus video surveillance cameras provide high definition performance, high capacity storage, passive GPS tracking, custom vehicle sensor inputs, and wireless networking.

VI. OPERATION & REVIEWING OF VIDEO RECORDINGS
A. The school/charter bus video surveillance management system entails the following:

1. There are four (4) cameras on each City of Irwindale school/charter bus for a total of eight (8) cameras. Each camera has a microphone on it to record audio, which will be turned off and not used to record the voices of any bus passenger or bus driver.

2. The school/charter bus video surveillance system will not provide a live stream video option. A wireless network is set up at the facility where the buses are parked, which can allow the recordings to be viewed and downloaded when the bus returns to this facility.

3. The school/charter bus cameras will be in operation during the entire year when the school/charter buses are in operation.

4. The school/charter bus cameras will turn on when the bus turns on and will remain operational for the duration of the trip to and from any destination, including but not limited to, the school, each bus stop, and any field trip location. The cameras will stop recording 25 minutes after the bus ignition turns off. There are three locations when the school/charter bus is required to be turned off for a short period of time: (1) Nora Avenue when the bus driver is required to cross elementary and middle school students; (2) Sabre Lane when the bus driver is required to cross elementary and middle school students; and (3) Alice Rodriguez Circle when the bus driver is required to cross elementary and middle school students. This should not interrupt the recording as the recording will stop after the bus has been off for 25 minutes.

5. All recorded video is synchronized to GPS coordinates and time stamped.

6. The bus driver is able to push a "panic button" when an incident occurs on the bus.

This flags the footage of that moment in time as a critical event incident and allows this moment to be downloaded first when the bus returns to its facility.

7. There are three different exportable video formats/medium. a. Standard - Exported video can be viewed on a city staff member's computer where SafetyVision's ForesightPro software has been installed. The standard export allows for synchronized view of the bus's camera and GPS location and bus sensor information at the time of the recording.
b. Mini - The Mini version is identical to the Standard export; however, a portable version of the ForesightPro software is saved to the exported file path. This format would allow for burning/transferring to CD, DVD, or USB memory stick. 01005.0009/763001.5
c. MP4 - The MP4 format is strictly a video file; playable without the aid of SafetyVision's proprietary software; no GPS or bus sensor information is contained and each camera is exported individually.

VII. RETENTION OF VIDEO RECORDINGS
The school/charter bus video recordings are required to be retained for 365 days. To do so, the City is required to have two (2) interchangeable 2TB storage hard drives that will enable staff to save recordings for 365 days a year. The videos will delete the oldest footage beginning on day 366.

VIII. TRAINING
Training will be provided to the Public Services Director, Information Technology Manager and their designees on how to use the video surveillance system software called Network Video Recorders (NVRs) including but not limited to uploading videos, blurring out student faces, and editing videos to display only certain instances and/or incidents. Additional training will be provided after any software upgrades and changes or new personnel are hired in a position that warrants their use of the system.

IX. PERIODIC MONITORING & INSPECTIONS
The City shall conduct periodic inspections of the school/charter bus video surveillance system to ensure the cameras are working properly on a monthly basis. The periodic inspections will entail turning the system on and randomly clicking on time during bus drop off or pick up hours. The Public Services Director and/or the Information Technology Manager will inspect the system to ensure the cameras are recording visually and ensure the audio is turned off.
01005.0009/763001.5
ATTACHMENT 1
01005.0009/763001.5
EXHIBIT"B"
School/Charter Bus Video Surveillance System
Acknowledgement Form
The School/Charter Bus Video Surveillance System Policy has been drafted by the City of Irwindale (City) to recognize the use of a video surveillance system on its school/charter buses as an important tool in the management of the security and safety of students and staff and to enhance the performance of all City bus staff. Additionally, all recordings may be used in student disciplinary proceedings and may become a part of the student's record. Only authorized City of Irwindale personnel, as determined in the Policy, will be involved in or have access to surveillance camera data, and personnel is required to keep all recordings and proceedings confidential. Student data privacy must be maintained in accordance with all federal and state statutes.

This document provides parent(s)/legal guardian(s) notice of the recent installation of cameras on the City of lrwindale's school/charter buses and requests confirmation that parent(s)/legal guardian(s) understand how the school/charter bus video surveillance system will be used to protect the legal and privacy interests of the City, its employees, and the students using the City's transportation services. This document applies to all City personnel and students riding the City's school/charter buses as it pertains to the use of the school/charter bus video surveillance systems and devices for monitoring and/or recording activity.

By signing this document, you acknowledge that you have received a copy of and read in its entirety the School/Charter Bus Video Surveillance System Policy and understand said policy and its components, specifically the aforementioned statements. Failure to sign or return this form does not affect the parent(s)/legal guardian(s)' or students' knowledge of the cameras nor the students' responsibility to act in accordance with policies outlined in the Bus Pass Information and Rules and School/Charter Bus Video Surveillance Policy.

Signature: __________________ Date: ______ _
City Council Approved: April 27, 2022
01005.0009/763009.2
EXHIBIT"C"

ACKNOWLEDGEMENT OF RECEIPT OF

SCHOOL/CHARTER BUS VIDEO SURVEILLANCE SYSTEM POLICY
This form acknowledges that I understand and agree to the City of lrwindale's School/Charter Bus Video Surveillance System Policy. The City engages in surveillance activities on its school/charter buses, and this form acknowledges that I understand that the City engages in such surveillance, monitoring, and recording practices, and that such recordings may be used for a legitimate purpose related to City employment or business functions, including usage in disciplinary proceedings of employees, to which I give my consent. I further understand that there should be no expectation of privacy on the City's school/charter buses.

Name: _____________ Title:----------------
Signature: ____________ Date:----------------
01005.00091777734.2
SA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
APRIL 13, 2022

WEDNESDAY
9:08 P.M.

The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

DENA ZEPEDA

CONSENT CALENDAR
MOTION
ITEM NO. 1A1

MINUTES
ITEM NO. 1B

WARRANTS

Present: Councilmember H. Manuel Ortiz;
Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola

Absent: Councilmembers Mark A. Breceda and Manuel R. Garcia

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
Dena Zepeda complained about a recent meeting held by the Planning Department and stated that the subject of the meeting was not what she had expected.

A motion was made by Councilmember Ortiz, 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) Regular meeting held March 23, 2022

WARRANTS
None for approval.

END OF CONSENT CALENDAR

NEW BUSINESS
ITEM NO. 2A
ANNUAL

COMPREHENSIVE

ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FY
ENDED JUNE 30, 2021 (Joint Item with Successor Agency and Housing Authority)

SUCCESSOR AGENCY MINUTES

REGULAR MEETING
APRIL 13, 2022
PAGE2

FINANCIAL REPORT

FOR FY ENDED
JUNE 30, 2021

DIRECTOR DURAN

MAYOR BURROLA
MOTION

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA

ROLL CALL

CITY MANAGER

MIRANDA
ITEM NO. 2B

DISCUSSION ON

HOW PUBLIC

MEETINGS ARE

TO BE CONDUCTED

UNDER THE CURRENT

LOCAL DECLARED

EMERGENCY

ASSISTANT CITY

MANAGER OLIVARES

COUNCILMEMBER
ORTIZ
Interim Director Duran introduced Mr. Bryan Gruber of Lance, Soll, and Lunghard LLP, the city's audit team, who presented the staff report.

Mayor Burrola asked about the length of time that the audit process takes, to which Director Duran advised that the auditors are here for a week, though they may have follow-up questions after that week.

A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to receive and accept the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal year ended June 30, 2021.

Councilmember Ortiz thanked the Finance Dept. for their wonderful work.

Mayor Pro Tern Ambriz commended the Finance Dept. staff and the audit firm.

Responding to a question by Mayor Burrola, Director Duran advised that the auditors typically submit a list of items they seek a week before their visit, and that their processes ensure that the city is following general accounting practices.

The above-mentioned motion was unanimously approved.

City Manager Miranda thanked the Finance Dept. for their hard work.

DISCUSSION ON HOW PUBLIC MEETINGS ARE TO BE

CONDUCTED UNDER THE CURRENT LOCAL DECLARED
EMERGENCY (Joint Item with Successor Agency and Housing Authority)
Assistant City Manager Olivares discussed the report and made a PowerPoint presentation.

Councilmember Ortiz suggested continuing to hold meetings under the current process, noting the need to continue to remain vigilant due to the dangers that COVID-19 still poses.

SUCCESSOR AGENCY MINUTES

REGULAR MEETING
APRIL 13, 2022
PAGE3

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA
RESOLUTION NO.
2022-31-3281

ADOPTED

ADJOURNMENT
Mayor Pro Tern Ambriz concurred and noted the current process enjoys a larger number of attendees compared to when the meetings were held completely in person.

Mayor Burrola agreed and asked clarifying questions regarding option 1, which Assistant City Manager Olivares expounded on.

Resolution No. SA 2022-31-3281, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF

THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,

CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,

AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING APRIL 13, 2022, THROUGH MAY 13,
2022, PURSUANT TO THE RALPH M. BROWN ACT AND
ASSEMBLY BILL NO. 361," was adopted on the motion of
Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, and unanimously approved.

There being no further business to conduct, the meeting was adjourned at 9:10 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
76691 ROSENO
76692 WILLDAN
Vendor Name
Rosenow Spevacek Group Inc
Willdan Financial Services
SA Item 18

IRWINDALE
Check Date
04/14/2022
04/14/2022
Report Total (2 checks):

Check Amount
1,980.00
4,250.00
6,230.00
HA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
I
APRIL 13, 2022
......_~~~~~~~~- WEDNESDAY
9:10 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
ITEM NO. 1B

ADOPTION OF

RESOLUTION

GRANTING APPEAL

OF THE INELIGIBILITY

DETERMINATION OF

APPLICANT GILBERT

GUZMAN FOR THE

LAS CASITAS

SENIOR LOW I

MODERATE INCOME

HOUSING APARTMENT

RENTAL PROGRAM

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

Absent: Board Members Mark A. Breceda and Manuel R. Garcia Also present: William Tam, Executive Director; Theresa Olivares, Assistant Executive Director; Adrian Guerra, Board Attorney; Ty Henshaw, Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; 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 Assistant Authority Secretary
There were no speakers.

A motion was made by Vice Chair Ambriz, seconded by Board Member Ortiz, to approve Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Regular meeting held March 23, 2022
2) Special meeting held March 28, 2022

ADOPTION OF RESOLUTION GRANTING APPEAL OF THE

INELIGIBILITY DETERMINATION OF APPLICANT GILBERT

GUZMAN FOR THE LAS CASITAS SENIOR LOW I MODERATE

INCOME HOUSING APARTMENT RENTAL PROGRAM

HOUSING AUTHORITY MINUTES

REGULAR MEETING
APRIL 13, 2022
PAGE2
RESOLUTION NO.

HA 2022-05-115

ADOPTED

NEW BUSINESS
ITEM NO. 2A
ANNUAL

COMPREHENSIVE

FINANCIAL REPORT

FOR FY ENDED
JUNE 30, 2021

DIRECTOR DURAN

CHAIR BURROLA
MOTION

BOARD MEMBER
ORTIZ

VICE CHAIR AMBRIZ

CHAIR BURROLA

ROLL CALL

CITY MANAGER

MIRANDA
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 I MODERATE
INCOME HOUSING APARTMENT RENTAL PROGRAM," was
adopted.

ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FY
ENDED JUNE 30, 2021 (Joint Item with Successor Agency and Housing Authority)
Interim Director Duran introduced Mr. Bryan Gruber of Lance, Soll, and Lunghard LLP, the city's audit team, who presented the staff report.

Chair Burrola asked about the length of time that the audit process takes, to which Director Duran advised that the auditors are here for a week, though they may have follow-up questions after that week.

A motion was made by Board Member Ortiz, seconded by Vice Chair Ambriz, to receive and accept the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal year ended June 30, 2021.

Board Member Ortiz thanked the Finance Dept. for their wonderful work.

Vice Chair Ambriz commended the Finance Dept. staff and the audit firm.

Responding to a question by Chair Burrola, Director Duran advised that the auditors typically submit a list of items they seek a week before their visit, and that their processes ensure that the city is following general accounting practices.

The above-mentioned motion was unanimously approved.

City Manager Miranda thanked the Finance Dept. for their hard work.

HOUSING AUTHORITY MINUTES

REGULAR MEETING
APRIL 13, 2022
PAGE3
ITEM NO. 2B

DISCUSSION ON

HOW PUBLIC

MEETINGS ARE

TO BE CONDUCTED

UNDER THE CURRENT

LOCAL DECLARED

EMERGENCY

DISCUSSION ON HOW PUBLIC MEETINGS ARE TO BE

CONDUCTED UNDER THE CURRENT LOCAL DECLARED
EMERGENCY (Joint Item with Successor Agency and Housing Authority)
ASSISTANT EXECUTIVE Assistant Executive Director Olivares discussed the report and made DIRECTOR OLIVARES a PowerPoint presentation.

BOARD MEMBER
ORTIZ

VICE CHAIR AMBRIZ

CHAIR BURROLA
RESOLUTION NO.

HA 2022-06-116

ADOPTED

PUBLIC HEARINGS

ADJOURNMENT
Board Member Ortiz suggested continuing to hold meetings under the current process, noting the need to continue to remain vigilant due to the dangers that COVID-19 still poses.

Vice Chair Ambriz concurred and noted the current process enjoys a larger number of attendees compared to when the meetings were held completely in person.

Chair Burrola agreed and asked clarifying questions regarding option 1, which Assistant City Manager Olivares expounded on.

Resolution No. HA 2022-06-116, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF

THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,

CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,

AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING APRIL 13, 2022, THROUGH MAY 13,
2022, PURSUANT TO THE RALPH M. BROWN ACT AND
ASSEMBLY BILL NO. 361," was adopted on the motion of Board Member Ortiz, seconded by Vice Chair Ambriz, and unanimously approved.

None.

There being no further business to conduct, the meeting was adjourned at 9:12 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
DSuccessor Agency
IZl Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 27, 2021
Cityef

IRWINDALE

AGENDA REPORT
HA Item 10
To: Honorable Chair and Members of the Housing Authority From: Julian A. Miranda, Executive Director
Issues: Approving and Authorizing Use of the 10-Acre Site, Assessor's Parcel Number 8417-34-912, for the City of lrwindale's July 4, 2022 Fireworks Display Spectacular Event
Executive Director's Recommendation:

That the Housing Authority Board adopt Resolution No. HA 2022-07-117, entitled "A

RESOLUTION OF THE BOARD OF DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10-ACRE SITE ON ALLEN DRIVE, ASSESSOR'S PARCEL NUMBER 8417-34-912, FOR THE CITY OF IRWINDALE'S JULY 4, 2022 FIREWORKS DISPLAY SPECTACULAR EVENT," by title only, with further reading waved.

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

Adrian R. Guerra, Authority Counsel
Electronically Approved
Approved by:

Julian A. Miranda, Executive Director
BACKGROUND AND ANALYSIS:

For almost 20 years, the City of Irwindale has had its annual 4th of July Fireworks Display Show in different sections of the former Manning Pit site with the last few years on Assessor's Parcel Number 8417-34-912, known as the Housing Authority owned 10-acre site on Allen Drive (10-Acre Site). The continuation of this show on the 10-acre property requires approval from the Housing Authority Board to use the 10-Acre Site. 01005.0013/784988.1 Page 1
It is in the best interest of the community to allow for the use of the 10- Acre Site because the City of lrwindale's 4th of July events allow residents and community members the opportunity to safely celebrate 4th of July in the City Parks with their families and friends while ending the night with a Fireworks Display Spectacular. The 4th of July Spectacular has been the City of lrwindale's annual celebration for more than two decades. The Fireworks Display Show for 2022 was an approved event by the Irwindale City Council on February 23, 2022.

It is therefore recommended that the Board of Directors adopt Resolution No. HA 2022- 07-1117, entitled, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10-ACRE SITE ON ALLEN DRIVE, ASSESSOR'S PARCEL NUMBER 8417-34-912, FOR THE CITY OF IRWINDALE'S JULY 4, 2022 FIREWORKS DISPLAY SPECTACULAR EVENT."
FISCAL IMPACT:

None.

ATTACHMENTS:

Resolution No. HA 2022-07-117 A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10-ACRE SITE ON ALLEN DRIVE, ASSESSOR'S PARCEL NUMBER 8417-34- 912, FOR THE CITY OF IRWINDALE'S JULY 4, 2022 FIREWORKS DISPLAY

SPECTACULAR EVENT

RESOLUTION NO. HA 2022-07-117

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10-ACRE SITE ON ALLEN DRIVE, ASSESSOR'S PARCEL NUMBER 8417-34-912, FOR THE CITY OF IRWINDALE'S JULY 4, 2022 FIREWORKS DISPLAY SPECTACULAR EVENT WHEREAS, the Irwindale Housing Authority ("Authority") is the fee owner of a 10- acre parcel of property located on Allen Drive, Assessor's Parcel Number 8417-34-912, commonly referred to as the 10-Acre Site; and
WHEREAS, the City of Irwindale has for the last few years held its annual 4th of July Fireworks Display Show on the 10-Acre Site; and
WHEREAS, it is in the best interest of the community to allow for the use of the 10-Acre Site because the City of lrwindale's 4th of July events allow residents and community members the opportunity to safely celebrate 4th of July in the City Parks with their families and friends while ending the night with a Fireworks Display Spectacular. The 4th of July Spectacular has been the City of lrwindale's annual celebration for more than two decades. The Fireworks Display Show for 2022 was an approved event by the Irwindale City Council on February 23, 2022; and
WHEREAS, the Board of Directors of the Irwindale Housing Authority desires to authorize and approve the use of the 10-Acre Site for the City of lrwindale's July 4, 2022 Fireworks Display Spectacular Event.

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

SECTION 1. The Board of Directors of the Irwindale Housing Authority hereby approves and authorizes the City of Irwindale to use the 10-Acre Site, Assessor's Parcel No. 8417-34-912, for the City's July 4, 2022 Fireworks Display Spectacular Event. Such authorization shall include all required procurement of services and necessary use of the 10-Acre Site for the July 4, 2022 event, including taking all actions reasonably necessary to carry out the intent and purpose of this Resolution.

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 27th day of April 2022. 01005.00131784985.1
Larry G. Burrola, Authority Chair
Resolution No. HA 2022-07-117

ATTEST
Laura M. Nieto, CMC
Chief Authority Assistant Secretary
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 2022-07-117 was adopted at a regular meeting of the Irwindale Housing Authority held on April 27, 2022, by the following vote:

A YES: Authority Member:

NOES: Authority Member:

ABSENT: Authority Member:

ABSTAIN: Authority Member:

Resolution No. HA 2022-07-117

Laura M. Nieto, MMC
Chief Authority Assistant Secretary
Irwindale Housing Authority
D City Council
DSuccessor Agency
0Housing Authority
D Reclamation Authority
OJoint Powers Authority
Date: April 27, 2021
Cityo/

IRWINDALE

AGENDA REPORT
HA Item 1E
To: Honorable Chair and Members of the Housing Authority From: Julian A. Miranda, Executive Director
Issues: Las Casitas Eligibility Ranking List and Blind Drawing Executive Director's Recommendation:

That the Housing Authority Board conduct a random blind drawing to break ties among the Las Casitas Eligibility Ranking List
Submitted by:

Julian A. Miranda, Executive Director
Prepared by:

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

Adrian R. Guerra, Authority Counsel
Electronically Approved
Approved by:

Julian A. Miranda, Executive Director
BACKGROUND AND ANALYSIS:

There are currently three (3) units at the Las Casitas Senior Apartment Complex that are available for rent. All three (3) units are designated as Extremely Low Income units. In June 2021, the Housing Authority opened the application period for the available units.

The deadline to submit all application materials in person was no later than July 15, 2021 at 6:00 p.m., or if mailed, the application packet must have been post marked before midnight on July 15, 2021. •

When the Housing Authority opened the application period, fifty-eight (58) applications were distributed for the three available (3) units. Thirty-seven (37) applications were received. Of the thirty-seven (37) applications, twenty-seven (27) have been deemed complete and eligible according to the Las Casitas Guidelines Policies and Procedures For Senior Low/Moderate Income Housing Apartment Rental Program ("Guidelines") for the Extremely Low Income priority.

Staff have now finalized their review of all applications. In accordance with the Guideline Application Procedures section 0(1 )(h) the Executive Director is vested with the authority to make the final determination of priority ratings. Attached hereto as Exhibit "A" is the current Las Casitas Eligibility Ranking List. Staff will now notify the top three ranked applicants of their eligibility and mail the necessary rental agreement documents to begin processing the rental agreements. The names of the top three ranked applicants are being provided to the Board for informational purposes only. (Guidelines, section 0(1 )(h).) In the event that any of the top three ranked applicants are unable to complete a rental agreement, Staff will need to contact the fourth applicant on the eligibility list but there is currently a tie in the rankings between two or more eligible applicants.

For this reason, and in accordance with the Guidelines, in the event a tie in rankings occurs between two (2) or more applicants, the total priority rank order will be assigned by a random blind drawing publicly conducted by the Board during a duly noticed Board meeting. (Guidelines, section 0(1 )(h).) It is therefore recommended that the Board conduct a blind drawing to finalize priority ranking order among the applicants who are tied for the fourth place ranking. Once the Board conducts the Blind drawing, the list will be final.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Las Casitas Eligibility Ranking List
B. Las Casitas Guidelines Policies and Procedures For Senior Low/Moderate Income Housing Apartment Rental Program ("Guidelines")
Page2
Exhibit "A"
Las Casitas Eligibility Ranking List
Ranking Score Applicant's Name Application Number
1 5 Christina Fraijo 35
2 8 Luis Escoto 26
3 8 Martha Davalos 28
4 10 Linda Armendariz 3
4 10 Maria E. Duenas 6
4 10 Gloria Calderon 12
4 10 Maria Zavala de Nunez 14
4 10 Evangelina Flores 17
4 10 Maria Lourdes Martinez 29
4 10 Antonia Lozano 44
4 10 Luisito V. Arca 45
4 10 Jose Esparza 46
5 11 Veronica S. Lara 9
5 11 Lorene Burrola 25
5 11 Isabel Huanes 34
5 11 Olivia Venegas Maldonado E9
6 12 Gilbert Guzman 16
6 12 Esperanza Verjan 1
6 12 Olga Himenez 7
6 12 Jacqueline Rodriguez 20
6 12 Telma Ramirez 22
6 12 Romel Lopez 39
6 12 Teresa Fraijo Munoz 40
6 12 Patricia Hall 47
6 12 Beatriz Cruz E3
7 13 Jesus Raul Sanchez 15
8 14 Joey Hernandez 10
Exhibit "B"

IRWINDALE HOUSING AUTHORITY

GUIDELINES, POLICIES AND

PROCEDURES FOR

SENIOR LOW/MODERATE INCOME

HOUSING APARTMENT RENTAL

PROGRAM
01005.0013/755666.1
Adopted by the:

Irwindale Housing Authority
Approved: March 9, 2011
Revised: May 26, 2021
Revised: November 10, 2021

GUIDELINES, POLICIES, AND PROCEDURES
-1-
SECTION 1. GENERAL
The Irwindale Housing Authority ("Authority") has a goal of providing a multi-family housing stock for Irwindale residents to replace existing substandard housing units and to create safe and sanitary rental opportunities for seniors.

SECTION 2. PROGRAM GUIDELINES, POLICIES AND PROCEDURES
A. Definitions
01005.00131755666.1

1. Applicant
A person/family submitting a formal application for consideration and determination of eligibility to rent an apartment hereunder.

2. Application Deadline
The Application Deadline shall be the date established by the Authority as the deadline for submitting Applications for each apartment unit that becomes available.

3. Conflict oflnterest
Authority Board members and officers, or management level employees of the Authority are deemed to have a conflict of interest and may not participate in this program. Persons who exercise operational responsibilities relative to any financing pertaining to the apartment project are similarly deemed to have a conflict of interest.

4. Continuous Resident
A "Continuous. Resident(s)" shall be placed in two (2) subcategories thereof: Those persons/families continuously residing in Irwindale since at least fifteen (15) year period immediately preceding the Application Deadline shall be identified as "Category A" Continuous Resident. Those persons/families continuously residing in Irwindale for at least thirty-six (36) months but establishing residence on or after fifteen (15) year period immediately preceding the Application Deadline shall be identified as "Category B" Continuous Resident.

5. Disabled Family
(a) Any person or his/her family member who has a disability or handicap recognized under the Americans with Disabilities Act of 1990, as amended, which includes:
-2-
01005.0013/755666.1
(i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; . (ii) a record of such an impairment; or
(iii) being regarded as having such an impairment (42 U.S.C. §12102.)
(b) A handicap does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. (24 C.F.R. § 100.201) As used in this definition:
( c) "Physical or mental impairment" includes:
(i) Any physiological disorder or condition, cosmetic;
disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs, cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, Human Immunodeficiency Virus
infection, mental retardation, emotional illness, drug
addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
(d) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
( e) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical . impairment that substantially limits one or more major life activities. (f) "ls regarded as having an impairment" means:
(i) Has a physical or mental impairment that does not
substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; -3-
0I005.00131755666.1
(ii) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or
(iii) Has none of the impairments defined in paragraph (i) of this definition but is treated by another person as having such an impairment.

Medical certification of a disability or handicap is required from persons claiming disability who are not recipients of benefits under either 42 U.S.C. § 423 (Social Security Act) or § 102 (b) (5) of .the Development Services and Facilities Construction Amendments of 1970. The laws and regulations cited in this Section may be amended from time to time by the appropriate governmental authority. Any such amendments that modify the definitions contained herein shall be automatically incorporated without formal action by the Authority.

6. Former Resident
Persons who previously resided within Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately preceding the Application Deadline, but who do not currently reside in Irwindale, shall be considered to be Former Residents.

7. Handicapped Person
A person having a disability or handicap, which (a) is expected to be of!ong continued and indefinite duration, (b) substantially impedes the person's ability to live independently, and ( c) is of such a nature that such ability could not be improved by more suitable housing. Any. member of a family who is handicapped qualifies that family as a Disabled Family, (See:
"Disabled Family".)

8. Immediate Family Member
Parents, grandparents, siblings, or children of Continuous Residents are considered to be Immediate Family Members.

9. Income Qualification Criteria

10. Extremely low, very low, low and moderate income qualification criteria shall be as set forth in Exhibit "A" hereto, which may be amended from time to time without formal action by the Authority or CRA to be consistent with state laws and regulations (Subchapter 2 of Chapter 6.5 of Division I of Title 25, California Code of Regulations; see also: California Health and Safety Code§§ 50106, 50105, 50079.5 and 50093.)
Interrupted Resident
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Any person (or family) who resided in Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately . preceding the Application Deadline, moved away for a period of time, but has reestablished a bona fide residence within the City limits of Irwindale for at least one year prior to the Application Deadline shall be considered to be an Interrupted Resident.

11. Non-resident
Any person (or family) who is not now and has not been a resident of Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately preceding the Application Deadline.

12. Renter
An applicant successfully completing the application process and renting an apartment hereunder.

13. Senior
A Senior is a person who is at least sixty-two (62) years of age or older.

14. Shared Renter
Persons sharing rental accommodations with unrelated persons.

15. Veteran
Any person who has been honorably discharged from one of the military services of the United States shall be considered a Veteran.

B. Eligibility Criteria
Since the Senior Apartment Rental Program is an apartment rental program, there are two (2) primary criteria which must be met to determine eligibility:

1. Income eligibility under§ 2.A.9, above.

2. Be a Senior as specified in § 2.A.12, above.

C. Priorities
Eligible applications from persons/families meeting basic income (extremely low, very low, low or moderate income) criteria, shall be processed based upon the following priority schedule and the application procedures in Section 2.D:

1. First Priority Criteria
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(a) Extremely low income persons/family - nine (9) apartment units [subject to modification]
(b) Very low income persons/family - six ( 6) apartment units [subject to modification]
( c) Low income persons/families - five (5) apartment units [subject to modification]
( d) Moderate income persons/families - five (5) apartment units [subject to modification]
A primary goal of the Authority is to create, to the extent feasible, sufficient new rental units to meetthe projected needs oflrwindale Seniors. Accordingly, and notwithstanding the initial allocations established in § 2. C. l, above, pertaining to the number of units allocated among the income categories, the Authority reserves the right to reallocate the final number of units specified for each income category, if deemed necessary and appropriate, to meet the quantified needs of Irwindale Seniors.
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2. Second Priority Criteria
(a)
(b)
(c)
Disabled Family
Veteran
None of the above

3. Third Priority Criteria
Priority I
Priority 2
Priority 3
(a) Shared Renter for longer than one (!)year prior to Application - Priority 1.
(b) Shared Renter for less than (!)year prior to Application - Priority 2. ( c) Persons residing in rental accommodations (single/married) for longer than one (I) year prior to Application - Priority 3. ( d) Persons residing in rental accommodations (single/married) for less than one (!)year prior to Application - Priority 4.
( e) Persons owning residence or other residential real property - Priority

5. (f) None of the above - Priority 6.

4. Final Priority Criteria
(a) Category A Continuous Irwindale Resident - Priority I -6-
(b) Category B Continuous Resident - Priority 2
( c) Interrupted Resident - Priority 3
( d) Former Resident - Priority 4
(e) Immediate Family Member - Priority 5
(f) None of the above - Priority 6
D. Application Procedure
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1. Applications
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Upon commencement of the application process, interested persons will be required to complete and sign an Application. As a material part of the Application, interested persons will be required to execute an authorization and waiver form for release of information from persons, firms, public entities and others who may retain data necessary for a complete analysis of the Application. Data needed will include name, address, telephone number, family composition and ages, declaration of income and assets, declaration of outstanding financial obligations, veteran status, declaration of physical status (with appropriate medical confirmation), declaration of home ownership status. (See: § 2.D. l (i).). Appropriate assistance in completing the Application will be provided to interested persons, if requested.

Applications shall be submitted for review and screening.

Applications will then be assigned to the appropriate First Priority classification under§ 2.C. l.

Within each primary eligibility classification (or priority), the Applications will be further prioritized according to the Second Priority Criteria set forth in § 2.C.2, above.

Applications will be further prioritized with each category by the Third Priority Criteria set forth in § 2.C.3, above.

Applications will be finally prioritized within each classification by the Final Eligibility Criteria set forth in § 2.C.4.

Within the numerical allotments provided by the First Eligibility Criteria (§ 2.C. l ), the final order of priority will be established by adding the numerical priority rating assigned to each Application.

The Applications will be ranked, in order of descending priority, with the smallest total number assigned being the highest priority. -7-
(h)
(i)
(k)
(I)
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For example, an Applicant who is a Displaced Person (Priority 1), Shared Renter (Priority I) and a Continuous Resident (Priority 1) will have a total Priority Rating of 3 and would be ranked higher than a person who is a "none of the above" (Priority 4), Property Owner (Priority 5) and an Immediate Family Member (Priority 5) with a total Priority Rating of 13.

The Executive Director shall be vested with the authority to make the final determination of priority ratings which will be presented to the Board for informational purposes only. In the event a tie occurs between two (2) or more Applicants, the total Priority Rating rank order will be assigned by a random blind drawing publicly conducted by the Board during a duly noticed Board meeting.

The Authority staff will verify the following data:
(i) name and address
(ii) residence requirement
(iii) employment
(iv) income
(v) existing equity/assets (if applicable)
(vi) credit history
(vii) property ownership
Documentation necessary to verify income, age, handicap (disability), and residency requirements shall be submitted with application documents and may include, but is not limited to: birth certificates, current pay check stubs, income tax returns, employment/salary verification, bank statements for all checking and/or savings accounts, telephone records and utility records, hospital admittance records, medical care records, and records of educational institutions and public agencies as the same are relevant to matters pertaining to verification of information submitted.

If Authority staff is unable to verify necessary information through Documentation as described in Section (D)(l )(j) herein, Authority staff may request and accept a submitted affidavit signed under penalty of perjury to verify any such required information.

All data submitted shall be verified as true and correct under penalty of perjury of the laws of the State of California. Failure to so verify shall result in application rejection.
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(m) Ineligible Applicants shall be notified, in writing, with a statement indicating why the Applicant has been denied and advising the Applicant of his or her right to appeal the determination in writing within ten (I 0) days of the letter of denial. Appeals will be heard by the Authority Board and the Authority Board's determination shall be final.
(n) Eligible Applicants shall be mailed the necessary rental agreement documents to begin processing the rental application. The Authority will provide such assistance as may be necessary to ensure timely and complete submissions.

2. Insufficient Eligible Applications
(a) If there are insufficient eligible Applicants during the firstthirty (30) days of the Application Deadline, the Board may authorize additional time for further applications which will be processed in accordance with the procedures set forth in § 2.D. l, above. (b) Priority for Applicants shall be strictly maintained in accordance with the application period during which submittal occurred.

Additional Applicants authorized by the Board after the first thirty (30) days shall not be included with the first group of Applicants. ( c) Once rental agreement documents have been approved, then a move-in date will be established.

3. Hearing Procedures
(a) Matters Subject to a Hearing. The following matters shall be subject to a hearing under these guidelines:
(i) Appeals by an Applicant whom has been deemed ineligible for the housing Program;
(ii) Revocation or Termination of any housing award given under this housing program due to improper determinations of Applicant eligibility including:
(A)
(B)
Failure to provide accurate statements of all
information requested in the application, including,
but not limited to, address, residency, income, assets, expenses, and family composition at the time of the
application such that, the Applicant was ineligible
for the housing program at the time of the award;
Housing awards that are inconsistent with, or not
authorized by, policy.
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(b) Notice Requirements. Irwindale Housing Authority staff is authorized and shall provide an Applicant a minimum ten (I 0) calendar days written notice of a hearing scheduled to take place under these Guidelines. Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered or action to be taken by the Irwindale Housing Authority, and a general description of the location of the real property, if any, that is the subject of the hearing.

The Irwindale Housing Authority will provide reasonable accommodation for persons with disabilities to participate in the hearing. The Housing Authority must be notified within three (3) calendar days of the scheduled time of the hearing if special accommodations are required.
(c) Administrative Hearing Panel. The Irwindale Housing Authority Board shall be the designated Hearing Panel presiding over a hearing under this section. In order to conduct a hearing under these guidelines, a quorum of the Irwindale Housing Authority Board must be present on the Hearing Panel at all times in accordance with Irwindale Municipal Code section 2.32.050. The Board shall have the option, in its sole discretion, to designate a different hearing officer or panel. All procedures described herein shall apply to the designated hearing officer or panel.
( d) Hearing Procedures and Evidence. The hearing shall be informal in nature, and formal rules of evidence and discovery do not apply.

The hearing shall be open to public observation and nothing herein shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Hearing Panel. (i)
(ii)
The Irwindale Housing Authority shall make available a
copy of these governing procedures to the Applicant whom the action is directed.

Each party shall have the opportunity to provide testimony and evidence in support of his or her case. The evidentiary record submitted by the parties shall be accepted by the Hearing Panel as prima facie evidence of the respective facts contained in therein. Any document or evidence not
submitted at the hearing may not be relied upon by the
Hearing Panel in rendering a decision. The Hearing Panel may only consider evidence that is made part of the record at the hearing and relevant to the issues raised in the notice and may disregard any other matter.
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(iii) The failure of any applicant to appear at the hearing will constitute a forfeiture of the hearing, a failure to exhaust administrative remedies, and the order of the Hearing Panel will become the final determination.
(iv) An audio recording or transcript shall be taken of any hearing which takes place under these guidelines. A copy of any such audio recording or transcript shall be provided to the Appellant upon request, and the Irwindale Housing
Authority may charge a fee sufficient to cover the actual cost of copying said transcript or audio recording.
( e) Written Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Panel must issue a written decision within seven (7) business days of the hearing. The written decision may be in the form of a resolution adopted by the Housing Authority Board. The Hearing Panel will use
preponderance of the evidence as the standard of evidence in deciding issues. The written decision shall include a statement of the factual and legal basis for the decision.
(f)
(i) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the
proceeding and on matters officially noticed in the
proceeding. The written decision shall include a reference to judicial review of the Hearing Panel's final decision
pursuant to California Code of Civil Procedure Sections I 094.5 and I 094.6. The decision of the Hearing Panel shall be final when issued.
(ii) The written decision shall be sent to all parties by certified mail, return receipt requested. The written decision shall be deemed issued and final when mailed.

Judicial Review. A final decision issued by the Hearing Panel may be subject to judicial review within ninety (90) days following the date of the final decision 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. -11-