Irwindale City Council
June 8, 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
RECLAMATION AUTHORITY
JUNE 8, 2022
SPECIAL MEETING ‐ 6:00 P.M.

REGULAR MEETING ‐ 6:30 P.M.

IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No. Resolution No. 2022‐45‐3295 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
June 8, 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).

June 8, 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

June 8, 2022

SPECIAL MEETING ‐ CLOSED SESSION – 6:00 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. CONSENT CALENDAR

1.  A  Resolution  to  Re‐Ratify  the  Existence  of  a  Local  Emergency  and  Authorize  Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30‐Day Period Beginning June 8, 2022 through July 8, 2022
Recommendation:  City Council, Successor Agency, Housing Authority and Reclamation Authority  adopt  Resolution  No.  2022‐57‐3307,  Resolution  No.  SA  2022‐58‐3308, Resolution No. HA 2022‐13‐123 and Resolution No. RA 2022‐06‐033, entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, THE BOARD OF THE HOUSING AUTHORITY  OF  THE  CITY  OF  IRWINDALE,  AND  THE  BOARD  OF  THE  RECLAMATION 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 JUNE 8, 2022 THROUGH JULY 8, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361”.

D.  RECESS TO CLOSED SESSION

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

June 8, 2022

2.  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

3.  Liability Claims
Pursuant to Government Code Section 54956.95:

Claimant: Fred & Becky Barbosa
Agency claimed against: City of Irwindale, Irwindale Housing Authority E.  RECONVENE IN OPEN SESSION
F.  REPORT FROM CLOSED SESSION
G.  ADJOURNMENT
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.  CHANGES TO THE AGENDA
F.  COUNCIL MEMBER TRAVEL REPORTS
G.  COUNCILMEMBER COMMENTS
H.  INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

June 8, 2022

I.  PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS

1.  Recognition of Irwindale Police Officer Cesar Nunez and Irwindale Dispatcher Avila

2.  Presentation by Valley County Water District General Manager Jose Martinez on District Water Conservation requirements
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:

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
None for approval

B.  Warrants/Demands/Payroll
Department: Finance
Recommendation:  Approve

June 8, 2022

C.  Investment  Policy  Review  and Delegation  of  Investment  Authority  (Joint  Item  on  City Council, Successor Agency, Housing Authority and Reclamation Authority agendas) Department:  Finance
Recommendation:    That  the  City  Council  /  Successor  Agency  /  Housing  Authority  / Reclamation  Authority  adopt  Joint  Resolution  No.  2022‐54‐3304,  Resolution  No.  SA 2022‐55‐3305,  Resolution  No.  HA  2022‐12‐122  and  Resolution  No.  RA  2022‐03‐030 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE  SUCCESSOR  AGENCY,  IRWINDALE  HOUSING  AUTHORITY,  AND  IRWINDALE RECLAMATION AUTHORITY”.

D.  Resolution to Accept a Donation from the Irwindale Community Foundation Department:  Finance
Recommendation:  Adopt Resolution No. 2022‐56‐3306 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  ACCEPTING  AND  APPROVING  THE APPROPRIATION  OF  DONATED  FUNDS  FROM  THE  IRWINDALE  COMMUNITY FOUNDATION FOR FISCAL YEAR 2022‐2023”.

E.  Request  to Conduct Fireworks Sales – Irwindale Sister Cities Association and Irwindale Lions Club
Department:  Administration
Recommendation:    Approve  the  requests  of  the  following  non‐profit  organizations  / corporations / associations that met the criteria established by the Irwindale Municipal Code  to conduct  fireworks sales, subject  to compliance with all City, County and State regulations:  Irwindale Sister City Association and Irwindale Lions Club.

F.  Award  of  Contract  to  provide  Professional  Surveying  Services  for  a  Jurisdictional  City Boundary  Survey  of  Missing  City  Boundary  Markers  and  Blue  Line  Striping  of  City Boundary Markers; P‐1037
Department:  Engineering
Recommendation:  (1) Approve and authorize the City Manager to execute an agreement, subject to City Attorney approval as to form, with Chris Nelson & Associates, Inc. in the amount  of  $39,600.00  for  professional  services  for  the  preparation  of  a  jurisdictional boundary  survey  of  missing  city  boundary  markers  and  blue  line striping  of  the  city boundary markers; and  (2) approve a  15% contingency in  the amount  of  $5,940.00  to cover  additional  services  required  to  address  any  unforeseen  site  conditions  during installation.

June 8, 2022

G.  Appropriation of Supplemental Law Enforcement Services Funds  for the Citizen Option for Public Safety Program (COPS) AB3229
Department:  Police
Recommendation:  Adopt Resolution No. 2022‐59‐3309 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RECORDING REVENUES, INTEREST, AND AN APPROPRIATION  IN  THE  AMOUNT  OF  $161,836.96  FOR  FISCAL  YEAR  2021‐22  OF SUPPLEMENTAL  LAW  ENFORCEMENT  SERVICES  FUNDS  FOR  THE  CITIZEN’S  OPTION PUBLIC  SAFETY  PROGRAM”  reading  by  title  only  and  waiving  further  reading  thereof, thereby appropriating supplemental law enforcement services funds.

H.  Approve Appropriation of Asset Forfeiture Funds
Department:  Police
Recommendation:  Adopt Resolution No. 2022‐60‐3310 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT” reading by title only and waiving further reading thereof, thereby appropriating asset forfeiture funds.

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.

A.  Adoption of Fiscal Year 2022‐2023 Budget and Establishing the Appropriations Limit for Fiscal Year  2022‐2023  (Joint Item on City Council, Housing Authority, and Reclamation Authority agendas)
Department:  Finance
Recommendation:  It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently  to conduct  the duly noticed public hearing on the proposed budgets.

Following conclusion of the public hearing, the City Council should introduce Ordinance No. 761, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2022‐23 Budget, as listed below:

That the City Council introduce City Ordinance No. 761 entitled: “AN ORDINANCE OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  ADOPTING  THE  BUDGET  FOR  FISCAL  YEAR 2022‐2023,” reading by title only and waiving further reading thereof June 8, 2022

That the City Council adopt Resolution No. 2022‐51‐3301 entitled:  “A RESOLUTION OF CITY COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022‐2023”
That the Irwindale Housing Authority adopt Resolution No. HA 2022‐11‐121 entitled:  “A RESOLUTION  OF  THE  IRWINDALE  HOUSING  AUTHORITY  ADOPTING  THE  BUDGET  FOR FISCAL YEAR 2022‐2023”
That the Irwindale Reclamation Authority adopt Resolution No. RA 2022‐02‐029 entitled:
“A RESOLUTION OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022‐2023”.

4.   CITY MANAGER’S REPORT

5.  AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS

6.   ADJOURN

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
None for approval

B.  Warrants
None for approval

C.  Investment  Policy  Review  and Delegation  of  Investment  Authority  (Joint  Item  on  City Council, Successor Agency, Housing Authority and Reclamation Authority agendas) Department:  Finance
Recommendation:    That  the  City  Council  /  Successor  Agency  /  Housing  Authority  / Reclamation  Authority  adopt  Joint  Resolution  No.  2022‐54‐3304,  Resolution  No.  SA June 8, 2022

2022‐55‐3305,  Resolution  No.  HA  2022‐12‐122  and  Resolution  No.  RA  2022‐03‐030 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE  SUCCESSOR  AGENCY,  IRWINDALE  HOUSING  AUTHORITY,  AND  IRWINDALE RECLAMATION AUTHORITY”.

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

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
Recommendation:  Approve the following minutes:

B.  Consideration of Approval of Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 4612 Fraijo Avenue to Implement Equity Sharing Policy
Department:  Authority Counsel
Recommendation:    (1)  Approve  Amendment  No.  1  to  Affordable  Housing  Agreement, Option to Purchase and Declaration of Covenants Running with Land between Irwindale Housing Authority and Rudy Gallardo; and (2) Authorize the Executive Director to execute Amendment No. 1 subject to Authority Counsel approval as to form.

June 8, 2022

C.  Investment  Policy  Review  and Delegation  of  Investment  Authority  (Joint  Item  on  City Council, Successor Agency, Housing Authority and Reclamation Authority agendas) Department:  Finance
Recommendation:    That  the  City  Council  /  Successor  Agency  /  Housing  Authority  / Reclamation  Authority  adopt  Joint  Resolution  No.  2022‐54‐3304,  Resolution  No.  SA 2022‐55‐3305,  Resolution  No.  HA  2022‐12‐122  and  Resolution  No.  RA  2022‐03‐030 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE  SUCCESSOR  AGENCY,  IRWINDALE  HOUSING  AUTHORITY,  AND  IRWINDALE RECLAMATION AUTHORITY”.

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

A.  Equity Sharing Policy
Department:  Authority Counsel

Recommendation:  Receive summary of equity sharing policy and discuss.

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

A.  Adoption of Fiscal Year 2022‐2023 Budget and Establishing the Appropriations Limit for Fiscal Year  2022‐2023  (Joint Item on City Council, Housing Authority, and Reclamation Authority agendas)
Department:  Finance
Recommendation:  It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently  to conduct  the duly noticed public hearing on the proposed budgets.

Following conclusion of the public hearing, the City Council should introduce Ordinance No. 761, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2022‐23 Budget, as listed below:

That the City Council introduce City Ordinance No. 761 entitled: “AN ORDINANCE OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  ADOPTING  THE  BUDGET  FOR  FISCAL  YEAR 2022‐2023,” reading by title only and waiving further reading thereof June 8, 2022

That the City Council adopt Resolution No. 2022‐51‐3301 entitled:  “A RESOLUTION OF CITY COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022‐2023”
That the Irwindale Housing Authority adopt Resolution No. HA 2022‐11‐121 entitled:  “A RESOLUTION  OF  THE  IRWINDALE  HOUSING  AUTHORITY  ADOPTING  THE  BUDGET  FOR FISCAL YEAR 2022‐2023”
That the Irwindale Reclamation Authority adopt Resolution No. RA 2022‐02‐029 entitled:
“A RESOLUTION OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022‐2023”.

4.  ADJOURN

RECLAMATION AUTHORITY
As required by Government Code section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting 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 Reclamation 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 March 9, 2022
B.  2022 2nd Quarter Mining Report of Nine (9) SMARA Pits Department:  Engineering

Recommendation:  Receive and file the report.

June 8, 2022

C. Investment  Policy  Review  and  Delegation  of  Investment  Authority  (Joint  Item  on  City Council, Successor Agency, Housing Authority and Reclamation Authority agendas) Department:  Finance
Recommendation:    That  the  City  Council  /  Successor  Agency  /  Housing  Authority  / Reclamation  Authority  adopt  Joint  Resolution  No.  2022‐54‐3304,  Resolution  No.  SA 2022‐55‐3305,  Resolution  No.  HA  2022‐12‐122  and  Resolution  No.  RA  2022‐03‐030 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE  SUCCESSOR  AGENCY,  IRWINDALE  HOUSING  AUTHORITY,  AND  IRWINDALE RECLAMATION AUTHORITY”.

D.  Investment Quarterly Report – March 31, 2022
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for March 31, 2022.

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

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

A.  Adoption of Fiscal Year 2022‐2023 Budget and Establishing the Appropriations Limit for Fiscal Year  2022‐2023  (Joint Item on City Council, Housing Authority, and Reclamation Authority agendas)
Department:  Finance
Recommendation:  It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently  to conduct  the duly noticed public hearing on the proposed budgets.

Following conclusion of the public hearing, the City Council should introduce Ordinance No. 761, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2022‐23 Budget, as listed below:

That the City Council introduce City Ordinance No. 761 entitled: “AN ORDINANCE OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  ADOPTING  THE  BUDGET  FOR  FISCAL  YEAR 2022‐2023,” reading by title only and waiving further reading thereof June 8, 2022

That the City Council adopt Resolution No. 2022‐51‐3301 entitled:  “A RESOLUTION OF CITY COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022‐2023”
That the Irwindale Housing Authority adopt Resolution No. HA 2022‐11‐121 entitled:  “A RESOLUTION  OF  THE  IRWINDALE  HOUSING  AUTHORITY  ADOPTING  THE  BUDGET  FOR FISCAL YEAR 2022‐2023”
That the Irwindale Reclamation Authority adopt Resolution No. RA 2022‐02‐029 entitled:
“A RESOLUTION OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022‐2023”.

4.  ADJOURNMENT
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, Housing and Reclamation Authorities, to be held on June 8, 2022, be posted at the City Hall, Library, and Post Office on June 3, 2022.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
ISlCity Council City()/
Special Meeting Agenda
Item C-1
l3J Successor Agency
r8l Housing Authority
r8l Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director A Resolution to Re-Ratify the Existence of a Local Emergency and Authorize Issue: Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30- Day Period Beginning June 8,. 2022 through July 8, 2022 Staff recommends City Council, Successor Agency, Housing Authority and Reclamation Authority adopt Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123 and Resolution No. RA 2022-06-033, entitled, "A

JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT

AGENCY, THE BOARD OF THE HOUSING AUTHORITY OF THE CITY OF

IRWINDALE, AND THE BOARD OF THE RECLAMATION 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 JUNE 8, 2022 THROUGH JULY 8, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361".

Administrative Action:

Submitted I Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager I Executive Director
01005.0001/795052.1
Electronically Approved
Electronicalty App1uv1;;u ~~~~~~~~~~~~

Background and Analysis:

Since September 29, 2021, the City Council, jointly with the Successor Agency and Housing Authority have adopted resolutions declaring an exemption under AB361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing. The City Council, Successor Agency and Housing Authority (collectively, "City") have reviewed and adopted joint resolutions every month, ratifying the existence of a local emergency and authorizing remote hybrid meetings for all legislative bodies.

The State of California has implemented a phased rollback of the executive orders that were implemented due to COVID-19, and 15 of the remaining orders will expire on June 30, 2022. However, the State's declared emergency will continue after June 30, 2022.

Additionally, current guidance provided by the Los Angeles County Department of Public Health for reducing the risk of COVID-19 recommends social distancing from people outside your household when their vaccination status is unknown. As a result, the findings exist for the City to continue to conduct the public meetings under the AB 361 exemption, should this be the City's desire.

The attached joint resolution for the City Council, Successor Agency, and Housing Authority, make the findings necessary for the legislative bodies to continue to declare an exemption under AB 361 as (1) the state of emergency declared by the Governor remains active and (2) the Los Angeles County Department of Public Health's guidance recommends to social distance (about 6 feet away) from people outside your household or when vaccination status is unknown.

As a result, joint Resolution modifies public meetings as follows:

Page2
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

Fiscal Impact:

Conducting remote hybrid public meetings will require city staff to assist with the meeting and public participation, remotely or in-person. The fiscal impact will be based on the amount of staff required and the duration of the meeting. The fiscal impact for all Council and Commission meetings for the 30-day period beginning June 8, 2022 through July 8, 2022 is estimated to be approximately $900.

Attachment:

1. Joint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No.

HA 2022-13-123, and Resolution No. RA 2022-06-033
01005.0001/795052.1 Page 3
RESOLUTION NO. 2022-57-3307
RESOLUTION NO. SA 2022-58-3308
RESOLUTION NO. HA 2022-13-123
RESOLUTION NO. RA 2022-06-033

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

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT

AGENCY, THE BOARD OF THE HOUSING AUTHORITY OF THE CITY OF

IRWINDALE, AND THE BOARD OF THE RECLAMATION 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-DA Y PERIOD BEGINNING JUNE 8, 2022 THROUGH JULY 8, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361
WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29-20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2021, Governor Newsom issued Executive Order N-35-20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15- 21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

WHEREAS, on October 27, 2021 Uoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Uoint Resolution No. 2021- 100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106), December 8, 2021 Uoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- 3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Uoint Resolution No. 2022-02-3251, SA Resolution No. 2022-03-3252 and HA Resolution No. 2022-01-111), February 9, 2022 Uoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), March 9, 2022 Uoint Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028), April 13, 2022 Uoint Resolution No. 2022-30-3280, SA Resolution No. 2022-31-3281 and Resolution No. HA 2022-06-116), and May 11, 2022 Uoint Resolution No. 2022-45-3295, SA Resolution No. 2022-46-3296 and Resolution No. HA 2022-10-120) respectively the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board reviewed and declared an exemption under AB 361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR

AGENCY TO THE FORMER IRWINDALE COMMUNITY REDEVELOPMENT AGENCY,

AND HOUSING AUTHORITY BOARD OF THE CITY OF IRWINDALE, CALIFORNIA DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council, Successor Agency Board, and Housing Authority Board determine that each of the findings set forth above is true and correct and incorporated herein by this reference.

SECTION 2. The City Council, Successor Agency Board, and Housing Authority Board hereby consider the conditions of the state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City of Irwindale, and reaffirm, reauthorize, and continue the existence of a local emergency throughout the City.

SECTION 3. The City Council, Successor Agency Board, Housing Authority and Reclamation Authority Boards hereby find that the state of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

Agency Board, and Housing Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council Successor Agency Board, and Housing Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, Irwindale Housing Authority Board of Commissioners, Irwindale Reclamation Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953(e). As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements allowing City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

to a new date and time when an unresolved issue exceeds the 10-minute time period.

SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings in-person and remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.

SECTION 6. Pursuant to Government Code section 54953(e)(4), the local legislative body will verify every 30 days that the exemption from traditional teleconference requirements under the Brown Act is still necessary. The legislative body must make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
a. The legislative body has reconsidered the state of emergency circumstances; and b. Either (1) the state of emergency continues to directly impact the ability to meet safely in person, or (2) state or local officials continue to impose or recommend measures to promote social distancing.

SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on June 8, 2022 and shall be effective until the earlier of (i) July 8, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED, APPROVED AND ADOPTED this 81h day of June 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing joint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123 and Resolution No. 2022-06-033 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 8th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Resolution No. 2022-57-3307
Resolution No. SA 2022-58-3308
Resolution No. HA 2022-13-123
Resolution No. RA 2022-06-033

~
(!;\~~ 5TAH OF CALIFORNIA
lt'::t,'¢1ii" AUTHENTICATED BUOL\U ELECTRONIC LEGAL MATERlAl Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor Septe1nber 16, 2021. Filed with
Secretary of State September 16, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for 1neetings to occur via teleconferencing subject to ce1iain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations withln the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch.165 -2-
resolving requests for reasonable accormnodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a mauner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 -3- Ch.165
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the require1nents that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 -4-
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and ( e ), a legislative body may hold public meetings through teleconferencing 92 -5- Ch.165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to thls section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to thls section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(I) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e). ( e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch.165 -6-
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and ( e ), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (I) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
( c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7- Ch.165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of co1mnunicatiOn available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sonnd discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only nntil January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch.165 -8-
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body ofa local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 -9- Ch.165
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) ifthe legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 -10-
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the pnblic appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the pnblic agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public connnent period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public connnent. (iii) A legislative body that provides a timed general public cmmnent period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11- Ch.165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1 ), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in thls chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision oflaw, the legislative body ofa local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting withln the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch.165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportnnity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a sururnary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recormnendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a connnon physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article I ( connnencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 -13- Ch.165

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) (!) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the einergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (BJ, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(AJ The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (DJ In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch.165 -14-
the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) !fa state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (I), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be pennitted to attend any meeting 92 -15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body ofa local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each 1ne1nber present for the action.
(3) Prior to taking final action, the legislative body shall orally report a smnmary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3 .5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, 92 Ch. 165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present withln the boundaries of the territory over which the authority exercises jurisdiction, and the health autbority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothlng in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for whlch a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes ofthls subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
(e) Thls section shall become operative January l, 2024.

SEC. 4.1. Section 54953 is added to the Govermnent Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of thls chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by thls section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17- Ch.165
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding. and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directlypursuantto Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (!) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (conunencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuaot to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuaot to Section 14087.3 of the Welfare aod Institutions Code, and any advisory committee to a county-sponsored health plao licensed pursuant to Chapter

2.2 ( connnencing with Section 1340) of Division 2 of the Health aod Safety Code ifthe advisory committee has 12 or more members.
( e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state aod local agency meetings during the COVID-19 paodemic aod future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 paodemic.

SEC. 7. The Legislature finds aod declares that Sections 3 and 4 of this act, which amend, repeal, aod add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials aod local agencies. Pursuaot to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum staodards for public participation aod notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds aod declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Govennnent Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state aod ability to travel to physical meeting locations, have protected the health aod safety of civil servants aod the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares that Section I of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(I) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including fro1n the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business.

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

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92
Payroll Batch

DATE OF ISSUE
5/5/22
Payroll Batch

DATE OF ISSUE
5/11 /22
Payroll Batch

DATE OF ISSUE
5/19/22

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
May 2022
430-05-22, 431-05-22, 432-05-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
405-05-22

DEPARTMENT
44 Library
414-05-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC Item 18
AMOUNT
1,731.15
51, 148.84
18,784.14
509,612.43
23,539.23
6,804.75
16,292.51
14,302.98
25, 101.43
31,641.62
47,515.99
746,475.07
(224,363.27)
(17,277.22)
504,834.58
AMOUNT
136.43
136.43
(13.71)
122.72
AMOUNT
7,873.77
51,004.13
24,747.35
187,923.84
23,503.85
8,251.02
16,456.48
13,953.00
24,668.95
30,849.65
48,722.90
437,954.94
(125,204.97)
(18,920.16)
293,829.81
Electronic Pay1nents
May2022
May 16- 31, 2022 IR VV-INDALE
Nuinbcr
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
Vendor Name
Ca!PERS
EDD
Federal Tax
Nationwide-457 Plan & Trust
Nationwide-Roth Cotribution-457 Plan & Trust
ICMA

PARS-FT

PARS-PT
Date
5/25/2022
512512022
5/25/2022
5/19/2022
5/19/2022
511912022
5/19/2022
5/19/2022
Report Total:

Amount
57,354.47
23,882.26
63,044.46
15,387.27
3,482.00

23.89 25,977.18
I,662.76
190,814.29
Accounts Payable
Checks by Date - Summary by Check Nmnber
User: imarin
Printed: 6/1/2022 5:27 PM

IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
77000 CALIF056 California State Disbursement Unit 05/19/2022 604.15 77001 CALIF057 California State Disbursement Unit 05/19/2022 143.07 77002 CITYOI City of Hope 05/19/2022 54.00
77003 FRANC06 Franchise Tax Board 05/19/2022 842.67
77004 !CEA Irwindale City Employee Assoc. 05/19/2022 748.00 77005 IMEA Irwindale Mgmt Employee Assoc. 05/19/2022 480.00 77006 IRWIND02 hwindale Police Officers Assoc. 05/19/2022 3,168.10 77007 AMAZON Amazon 05/19/2022 3,240.82
77008 AMERIC34 American Fidelity Assurance Co 05/19/2022 2,733.64 77009 BURROL08 Larry Burrola 05/19/2022 180,82
77010 CARMOOI Noritza Carmona 05/19/2022 75.00
77011 CEBAIO Elsy Ceballos 05/19/2022 300.00
77012 CUSTOMOI Custom Signs, Inc. 05/19/2022 165.38
77013 ESPIN020 Cynthia Espinoza 05/19/2022 75.00
77014 FRAEROl Laura Fraer Snyder 05/19/2022 1,500.00
77015 FRONTOI Frontier Communications 05/19/2022 16.04
77016 GARCIA41 Luz Garcia 05/19/2022 75.00
77017 JOHNSO! Glen Johnsen 05/19/2022 440.63
77018 LEGAL03 Legal Shield 05/19/2022 37.90
77019 MARINJ Jose Marin Jr. 05/19/2022 75.00
77020 MCCAOI McCarthy Holdings, Inc. 05/19/2022 30,000.00 77021 PETTYC05 City oflrwindale Petty Cash 05/19/2022 604.15 77022 STRASSE Strasse SportAutobody and Collision 05/19/2022 8,030.72 77023 TAPIAOI Matthew Tapia 05/19/2022 48.97
77024 TAPIO! Regina Tapia 05/19/2022 300.00
77025 TEXASOI Texas Life Insurance Co. 05/19/2022 3,463.34 77026 verizonw Verizon Wireless 05/19/2022 3,706.90
77027 AMERIFID American Fidelity Assurance 05/26/2022 7,111.86 77028 AT&T02 AT&T 05/26/2022 31.30
77029 AT&T06 AT&T 05/26/2022 1,712.56
77030 CINGULAR AT & T Mobility 05/26/2022 1,666.16
77031 BALLIOI Shayna Balli 05/26/2022 299.70
77032 NESTOI Blue Triton Brands, Inc. 05/26/2022 459.02 77033 PMIDEN Delta Dental Insurance Company 05/26/2022 944.68 77034 PMIDENOI Delta Dental of California 05/26/2022 13,230.63 77035 DIVISIOI Division of the State Architect 05/26/2022 101.33 77036 EDDCAS Employment Development Dept. 05/26/2022 5,543.00 77037 FRONTOI Frontier Communications 05/26/2022 850.94 77038 IRWIND21 Irwindale Hand Wash & Auto Detail 05/26/2022 1, 139.58 77039 NATION23 National Union Fire Insurance 05/26/2022 740.19 77040 OPTUMOI OptumRx, Inc. 05/26/2022 31,592.91
77041 PONCE04 Delicia Ponce 05/26/2022 120.00
77042 PURCHA Purchase Power 05/26/2022 2,172.13
77043 PYROSP Pyre-Spectaculars, Inc. 05/26/2022 16,675.00 77044 ROMOOI Richard Romo 05/26/2022 75.00
77045 SC FUELS SC Fuels 05/26/2022 7,996.09
77046 STAND AO! Standard Insurance Co. RV 05/26/2022 459.95 AP Checks by Date - Summary by Check Number (6/1/2022 5:27 PM) Page I Check No Vendor No Vendor Name Check Date Check Amount
77047 STANDA03 Standard Insurance Company 0512612022 2,433.19 77048 STATEOO! State Of California 05/26/2022 64.00
77049 TPXO! TPX Communications 05/26/2022 2,482.38
77050 verizonw Verizon Wireless 05/26/2022 229.29
77051 VISIONOl Vision Service Plan - (CA) 05/26/2022 1,520.82 77052 VISIONO! Vision Service Plan - (CA) 05/26/2022 4,527.27 77053 ZEPEDA07 Priscilla Zepeda 05/26/2022 562.10
77054 ACRYLAOl Acrylatex Coating & Recycling Incorp. 06/08/2022 67.91 77055 AFFORDO! Affordable Generator Services, Ihc. 06/08/2022 600.00 77056 ALLC!Ol All City Management Services, Inc 06/08/2022 825.30 77057 ALLISOO! Allison Mechanical, Inc 06/08/2022 692.58 77058 BAKERO! Baker & Taylor Books 06/08/2022 462.76
77059 SANGABll California Newspapers Partnership 06/08/2022 298.89 77060 CASCO! CASC Engineering & Consulting 06/08/2022 310.00 77061 CHARTE03 Charter Communications 06/08/2022 4,437.62 77062 CINTAS Cintas Corporation #693 06/08/2022 137.35
77063 LACOUN02 County of Los Angeles 06/08/2022 2,079.00 77064 LOSANG33 County of Los Angeles 06/08/2022 16,160.98 77065 BALLOO Carol Diess 06/08/2022 30.00
77066 DUDEKOl Dudek 06/08/2022 130.00
77067 EBSCOS EBSCO Subscription Services 06/08/2022 1,589.95 77068 ECOLABOl ECOLAB 06/08/2022 57.36
77069 FCGO! FCG Consultants Inc. 06/08/2022 25,438.80
77070 FED EX FedEx 06/08/2022 15.08
77071 FIFTHO! Fifth Asset, Inc. 06/08/2022 5,850.00
77072 JACOO! Jacob Green and Associates Inc. 06/08/2022 3,000.00 77073 JO EA GO Joe A. Gonsalves & Son 06/08/2022 2,375.00 77074 COO RYE Samir M. Khoury 06/08/2022 8,821.00
77075 HARLOl Laidlaw's Harley Davidson Sales, Inc. 06/08/2022 38,008.08 77076 LAKESHO! Lakeshore Leaming Materials 06/08/2022 101.17 77077 LAND SC Landscape Warehouse III Inc. 06/08/2022 479.59 77078 LG2WB01 LG2WB Engineers, Inc 06/08/2022 4,693.00
77079 LINCOL03 Lincoln Aquatics 06/08/2022 469.73
77080 CALIBEOl Lawrence E. Marino 06/08/2022 15,964.74
77081 MARXBR Marx Bros Fire Extinguisher Co 06/08/2022 338.98 77082 MATTSOl Matt1
s Motor Sports Inc. 06/08/2022 1,100.59
77083 OFFICE03 Office Depot 06/08/2022 655.70
77084 ORKINP Orkin Pest Control 06/08/2022 492.00
77085 OVERO! OverDrive, Inc. 06/08/2022 1,500.00
77086 PAPER03 Paper Recycling & Shredding Specialist, In 06/08/2022 1,000.00 77087 PAPER02 PaperCut Software 06/08/2022 435.00
77088 PHASE II PARS 06/08/2022 1,750.00
77089 PLACEO! Place Works, Inc. 06/08/2022 9,463.12
77090 PRO PRINT Pro Printing, Inc. 06/08/2022 191.08
77091 RECOO! Records Control Services, Inc. 06/08/2022 4,773.75 77092 RICOH02 Ricoh USA, Inc 06/08/2022 1,673.13
77093 ROS ENO Rosenow Spevacek Group Inc 06/08/2022 675.00 77094 SIERRAOl Sierra Chevrolet 06/08/2022 200.00
77095 SPRING Springbrook Software, Inc. 06/08/2022 1,268.01 77096 TRANOl Transtech Engineers, Inc. 06/08/2022 742.50 77097 UNITED15 United Refrigeration Inc 06/08/2022 175.90 77098 UNITEDll United Site Services of CA Inc 06/08/2022 589.40 77099 WILLDAN Willdan Financial Services 06/08/2022 8,610.00 Report Total (100 checks): 334,580.43
AP Checks by Date - Summary by Check Number (6/1/2022 5:27 PM) Page 2 IZICity Council
IZl Successor Agency
IZl Housing Authority
IZl Reclamation Authority
OJoint Powers Authority
Date: June 8, 2022
Cityo/

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
Successor Agency Board
Housing Authority Board
Reclamation Authority Board
From: Julian A. Miranda, City Manager/Executive Director

CC, SA, HA, RA
Item 1C
Issue: Investment Policy Review and Delegation of Investment Authority City Manager/Executive Director's Recommendation:

It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2022-54-3304, SA 2022-55-3305, HA 2022-12-122, and RA 2022-03-030 entitled, "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY

BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF

IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY

TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE,

IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY".

Administrative Action:

Submitted by:

Kambiz Borhani, Finance Director/Treasurer
(626) 430-2221
Reviewed by:

Adrian R. Guerra, City Attorney/Agency Counsel
Kambiz Borhani, Finance Director/Treasurer
Approved by:

Julian A. Miranda, City Manager/Executive Director
01005.00071795176.1
Electronically Approved
Electronically Approved

Background and Analysis:

The City Treasurer is required by the State of California Government Code Section 53646, to present to the City Council the City's Investment Policy on an annual basis. Appropriate revisions to the policy can be made at this time if deemed necessary.

The City of lrwindale's Investment Policy was last reviewed and approved on June 9, 2021.

The City Treasurer has reviewed the current Investment Policy and has recommended changes to the policy, as shown in the redlined policy, attached hereto as Exhibit "A.".

Changes include a modification to the definition of "prudent investor standard" in accordance with Government Code section 53600.3; the addition of Irwindale Reclamation Authority in Authorized Investments, section O; and minor typographical clean-up. The Investment Policy continues adhering to the City's objectives of safety, liquidity and yield, and continues delegating investment authority to the City Treasurer.

The Investment Policy requires that an Investment Report be presented to the City Council/Boardmembers on a quarterly basis, which shall present the status of the City's current investment portfolio. In accordance with this requirement, an Investment Report is presented to the City Council/Boardmembers on a quarterly basis.

The next Investment Report will be presented to the City Council/Boardmembers at their regularly scheduled meeting on July 27, 2022, and it will list the combined investment portfolio for the City of Irwindale, Successor Agency, Housing Authority, and Reclamation Authority as of the quarter ending June 30, 2022.

Fiscal Impact:

None
Attachment:

Resolution No. 2022-54-3304, Joint with
Resolution No. SA 2022-55-3305
Resolution No. HA 2022-12-122
Resolution No. RA 2022-03-030
Exhibit A - Redlined City of Irwindale Investment Policy June 2022 and Final City of Irwindale Investment Policy June 2022
Page2
RESOLUTION NO. 2022-54-3304
RESOLUTION NO. SA 2022-55-3305
RESOLUTION NO. HA 2022-12-122
RESOLUTION NO. RA 2022-03-030

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

SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD,

AND RECLAMATION AUTHORITY BOARD RATIFYING THE

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO

THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE

CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING

AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY
WHEREAS, Section 53646 of the State of California Government Code requires that the City Treasurer render annually to the City Council a statement of investment policy for consideration at a public meeting; and
WHEREAS, the policy was presented by the City Treasurer as a joint item to the City Council, and Boards of the Successor Agency, Housing Authority, and Reclamation Authority at the public meeting held on June 8, 2022; and WHEREAS, Government Code section 53646 also requires that any change in the policy shall also be reviewed and approved at a public meeting; and WHEREAS, the City Treasurer, after review of the policy, recommended changes to the policy; and
WHEREAS, the City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority desire to approve the City of Irwindale Investment Policy, incorporating the recommended changes by the City Treasurer, by adopting Resolution Numbers 2022-54-3304, SA 2022-55-3305, HA 2022-12-122, and RA 2022-03-030 respectively, and delegate investment authority to the City Treasurer,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND
RECLAMATION AUTHORITY BOARD DO HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority have reviewed and hereby approves the Investment Policy attached as Exhibit "A" and made a part hereof.
01005.0007/795175.1 Resolution No. 2022-54-3304
SA 2022-55-3305
HA 2022-12-122
RA 2022-03-030

SECTION 3. The City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority delegate the authority to invest the surplus funds of the City of Irwindale, Irwindale Successor Agency, Irwindale Housing Authority, and Irwindale Reclamation Authority to the City Treasurer consistent with the attached Investment Policy.

SECTION 4. The Deputy City Clerk/Agency and Authority 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 81h day of June 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk/Secretary
Resolution No. 2022-54-3304
SA 2022-55-3305
HA 2022-12-122
RA 2022-03-030

Larry G. Burrola, Mayor/Chair
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 Nos. 2022-54-3304, SA 2022-55-3305, HA 2022-12-122, and RA 2022-03-030 were adopted jointly at a regular meeting of the City Council of the City of Irwindale held on June 81h 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
01005.00071795175.1
Laura M. Nieto, CMC
Chief Deputy City Clerk/Secretary
Resolution No. 2022-54-3304
SA 2022-55-3305
HA 2022-12-122
RA 2022-03-030

~ IRWINDALE
POLICY

EXHIBIT A

CITY OF IRWINDALE

INVESTMENT POLICY
JUNE2022
The investment of the funds of the City of Irwindale ("City) is directed toward the goals of safety, liquidity and yield. The State of California authority governing investments for municipal governments is set forth in the California Government Code, Sections 53601 through 53659.

The primary objective of the investment policy ("Policy") of the City is SAFETY OF PRINCIPAL. Investments shall be placed in securities as outlined in the authorized investments and maturity sections of this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City monitors cash flow on a daily basis and reports results to City Council quarterly to help ensure that liquidity is never threatened. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City the optimum combination of necessary liquidity and yield based on cash flow projections.

SCOPE
The investment policy applies to all financial assets of the City as accounted for the Annual Comprehensive Financial Report (ACFR). Policy statements outlined in this document focus on the City's pooled funds, but will also apply to all other funds under the City Treasurer's span of control unless specifically exempted by resolution. This includes funds of the City of Irwindale, as well as the Irwindale Successor Agency, Irwindale Housing Authority, and the Irwindale Reclamation Authority. Retirement, Pension and Deferred Compensation Funds are excluded from this Policy. Funds held by a fiscal agent or trustee and pledged to payment for or security of bonds or other obligations of the City may be invested pursuant to the provisions governing the issuance of the bonds, debt or obligation of the City.
01005.0007/795162.1 Page 1 of 8

PRUDENCE
The standard to be used by investment officials shall be that of a "prudent investor" and shall be applied in the context of managing all aspects of the overall portfolio.

The "prudent investor" standard is defined as: Investments shall be made 'Nith judgment and care, under circumstances then prevailing, which persons of prudence, direction and intelligence eJCercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to. the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

The City Treasurer and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVES
Safety of Principal
Safety of principal is the foremost objective of the City. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk, defined below:

Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio.

Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average 01005.0007/795162.1 Page 2 of 8
maturity of the City's investment portfolio to three years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, thereby eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation.

Liquidity
The City's investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). A portion of the portfolio may be placed in money market mutual funds or local government investment pools that offer same day liquidity for short-term funds. Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).

Yield: Return on Investments
The City's investment portfolio shall be designed with the objective of attaining a market rate of return through budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above.

INVESTMENT MATURITY
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase. At no point in time, shall more than one third of the investment portfolio have a maturity date in excess of three years into the future.

Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.

AUTHORIZED BANKS AND SECURITY DEALERS
In selecting financial institutions for the deposit or investment of City funds, the Treasurer shall consider the credit-worthiness of institutions, and utilize only those depositories that are qualified public depositories as established by state law. In 01005.0007/795162.1 Page 3 of 8
addition, only broker-dealers that are authorized in the state of California will be utilized. The Treasurer shall continue to monitor financial institutions' credit characteristics and financial history throughout the period in which City funds are deposited or invested.

All broker-dealers who desire to become qualified bidders for investment transactions must supply the Treasurer with the following items: audited financial statements; National Association of Securities Dealers (NASO) certification; proof of state registration; and certification of awareness of, and familiarity with lrwindale's investment policy. A competitive bid process will be used when practical to select broker-dealers.

AUTHORIZED INVESTMENTS
Purchase of investments will be made with surplus funds available. Investments will be paid for, in full, as soon as practical after the time of trade. Purchases will not be made using leverage, margin accounts, reverse repurchase agreement, or other unfunded mechanisms. No investments shall conflict with Government Code section 53601.

Eligible vehicles for the investment of funds shall be limited to:
a) The State of California Local Agency Investment Fund (LAIF). b) Bonds issued by the City of Irwindale, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department board, agency, or authority of the City.
c) Bonds, notes, and similar securities issued by the United States Treasury.

There will be no options or like instruments purchased. d) Bonds, notes and similar securities issued by United States government agencies. There will be no options or like instruments purchased. e) Notwithstanding the above limitations, purchase of callable bonds and notes is permissible
f) Registered state warrants or treasury notes or bonds issued by the State of California.
g) Bonds, notes, warrants or other evidence of debt issued by a local agency 01005.0007/795162.1 Page 4 of 8
within the State of California, including pooled investment accounts sponsored by the State of California, County Treasurers, other local agencies or Joint Powers Agencies.
h) Medium term notes (not to exceed 5 years) of US corporations rated "A" or better by Moody's or S&P. Not more than 30% of surplus funds can be invested in medium term notes.
i) Negotiable certificates of deposit which are fully insured by the Federal Deposit of Insurance Corporation (FDIC).
j) Collateralized bank deposits with a perfected security interest in accordance with the Uniform Commercial Code (UCC) or applicable federal security regulations.
k) Banker's acceptances, accepted by domestic banks, which are members of the Federal Reserve System and are eligible for purchase or discount by the Federal Reserve System. Must have a commercial paper rating of A1 or P1.

Purchases of banker's acceptances may not exceed 180 days maturity or 20% of the City's investment portfolio. No more than 10% of the investment portfolio may be invested in the banker's acceptances of any one commercial bank.

I) Repurchase/Reverse Repurchase Agreements of any securities authorized by this Section. Investment in Repurchase Agreements may not exceed a term of one year and the market value of the securities that underlay a Repurchase Agreement shall be no less than 102% of the funds borrowed against those securities because Repurchase Agreement limitations are set forth in California Government Code 53601tij+ffi.
m) Medium term notes (remaining term not to exceed five years) of U. S. corporations rated "A" or better by Moody's or Standard & Poor's Corporation. Not more than 30% of the market value of the portfolio and no more than 15% of the market value of the portfolio many be invested in notes issued by one corporation.
n) Other investment instruments whose principal is guaranteed by the US government through programs such as the Temporary Liquidity Guarantee Program. Thus, corporate bonds are allowable investments if they are insured by the federal government or FDIC (TLGP).
o) Loans between the City of Irwindale funds and other City Agency funds, 01005.0007/795162.1 Page 5 of 8
which include the Housing Authority, Successor Agency, and the Reclamation Authority. Any loans made shall be approved by resolution which shall describe the purpose of the inter-agency fund loan, and include a Promissory Note that stipulates all terms of the loan. The Interest for any inter-agency fund loan shall be in line with the customary interest rate of investments for similar terms as exhibited in the latest City Treasurer's Quarterly Report of Investments.

DER/VA TIVE INVESTMENTS
Derivatives are investments whose value is "derived" from a benchmark or index.

That benchmark can be almost any financial measure from interest rates to commodity and stock prices. The City's investment policy shall be in compliance with California State Government Code which, effective January 1996, prohibits the purchase of inverse floaters, range notes, interest only strips or securities that could result in zero interest accrual at any point in the life of the security.

Future purchases of securities classified as derivative securities must be issued by an agency or entity authorized by this investment policy and must receive prior approval from the Governing Body.

COLLATERAL REQUIREMENTS
Collateral is required for investments in certificates of deposits, repurchase agreements and reverse repurchase agreements. In order to reduce market risk, the collateral level will be at least 102% of market value principal and accrued interest.

The only securities acceptable as collateral shall be direct obligations of, or fully guaranteed as to principal and interest by, the United States or any agency of the United States.

SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement, or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement or Public Securities Association agreement (repurchase agreement collateral). All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent.

Securities held in custody for the City shall be independently audited on an annual 01005.0007/795162.1 Page 6 of 8
basis to verify investment holdings.

All exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in monthly reporting to City Council.

PERFORMANCE EVALUATION
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs.

The City's investment strategy is passive. Passive investment portfolio management generally indicates that the Treasurer will purchase an instrument and hold it through to call or maturity, and then reinvest the monies. Although the City's investment strategy is passive, this will not restrict the Treasurer from evaluating when swaps are appropriate or if the sale of an instrument is prudent prior to final maturity. Given this strategy, the basis used by the Treasurer to determine whether market yields are being achieved shall be the Local Agency Investment Funds (LAIF).

DELEGATION OF AUTHORITY
The Charter of the City assigns the custody of all City funds to the City Treasurer.

Pursuant to the Government Code, the City Council may delegate to the Treasurer for a one-year period the authority to invest or to reinvest all funds of the City. The City Treasurer shall establish procedures for the operation consistent with this investment policy. The City Treasurer may authorize other Finance Department staff to initiate investment transactions.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions.

Additionally, the City Treasurer is required to annually file applicable financial disclosures as required by the Fair Political Practices Commission.

INTERNAL CONTROL
The Treasurer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with the City's Investment Policy and for establishing internal controls that are 01005.0007/795162.1 Page 7 of 8
designed to prevent losses due to fraud, negligence, and third-party misrepresentation. Accordingly, the City Treasurer shall establish procedures for the operation of the City's investment program that are consistent with the provisions of this Investment Policy.

Internal controls deemed most important shall include (but not limited to):
avoidance of collusion; separation of duties and administrative controls; separating transaction authority from accounting and record keeping; custodial safekeeping; clear delegation of authority; management approval and review of investment transactions; specific limitations regarding securities losses and remedial action; written confirmation of telephone transactions; documentation of investment transactions and strategies; and monitoring of results.

REPORTING
The City Treasurer shall provide the City Council/Boardmembers quarterly investment reports which provide a clear picture of the status of the current investment portfolio. The treasurer's report shall include the type of investments, the issuers, maturity dates, par values, and the current market values of each component of the portfolio, including funds managed for the City by third party safekeeping custodians. The report will also include the source of the portfolio valuation. The report must also include a certification that the City will meet its expenditure obligations for the next six months as required by California Government Code Section 53646(b)(3). The City Treasurer shall maintain a complete and timely record of all investment transactions.

LEGISLATIVE CHANGES
Any State of California legislative action, that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into the City's Investment Policy and supersede any and all previous applicable language.

POLICY REVIEW
The Statement of Investment Policy shall be updated annually in the month of June by the City Treasurer and submitted to the City Council for review and adoption. 01005.0007/795162.1 Page 8 of 8
llilCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022
Cityo/

IRWINDALE

AGENDA REPORT
CC Item 10
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: RESOLUTION TO ACCEPT A DONATION FROM THE IRWINDALE

COMMUNITY FOUNDATION
City Manager's Recommendation:

It is recommended that the City Council adopt Resolution No. 2022-56-3306 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ACCEPTING

AND APPROVING THE APPROPRIATION OF DONATED FUNDS FROM THE IRWINDALE COMMUNITY FOUNDATION FOR Fiscal Year 2022-2023".

Administrative Action:

Submitted by:

Kambiz Borhani, Finance Director I City Treasurer
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
'
Approved by:

Julian A. Miranda, City Manager Electronically Approveo 01005.0007/795134.1 Page 1
Background and Analysis:

1. On May 17, 2022, the Irwindale Community Foundation approved a donation to the City in the amount of $36,370. The City Council accepted and approved the donation via adoption of Resolution No. 2022-50-3300 on May 26, 2022.

2. On May 24, 2022, the Irwindale Community Foundation approved an additional donation to the City in the amount of $78,850, distributed to the following departments:

Recreation
Aquatics
Senior Center
Total
$50,700
8,800
19,350
$78,850

3. Of the $50, 700 allocated to the Recreation Department, $9,600 is deducted for the previously budgeted contract Fitness Trainer. This program was part of the $24,000 appropriation approved by the City Council on May 26, 2022 (Attachment "A"), however the program was not identified as an expense request when the matter was presented to the Irwindale Community Foundation. At the City Council Budget Workshop #2, held on May 26, 2022, the City Council approved fitness training for five City employees, eliminating the fitness trainer request. Staff will inform the Irwindale Community Foundation Board of this change at its next regularly scheduled meeting.

4. It would be appropriate at this time for the City Council to formally accept the generous donation of $69,250 ($78,850 - 9,600) from the Irwindale Community Foundation on behalf of the City and appropriate these funds for use in Fiscal Year 2022/2023.

Fiscal Impact:

Approving Resolution No. 2022-56-3306, and thereby accepting this donation, will make it possible for the Public Services Departments to offer certain events, programs, and activities not currently budgeted. This will provide a benefit to the community while also saving General Fund monies. A budget request itemizing how the corresponding donations to each department are planned to be utilized was presented to the City Council at the Budget Workshop #2 held on May 26, 2022.

Attachment:

1. Resolution No. 2022-56-3306

2. Attachment "A"
Page2
RESOLUTION NO. 2022-56-3306

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING AND APPROVING THE APPROPRIATION

OF DONATED FUNDS FROM THE IRWINDALE COMMUNITY
FOUNDATION FOR FISCAL YEAR 2022-2023
WHEREAS, the Irwindale Community Foundation is a 501 (c)(3) non-profit organization in the City of Irwindale, which serves an important public purpose by raising funds to benefit the Irwindale community; and
WHEREAS, the Irwindale Community Foundation will receive a generous donation in the amount of $250,000 for FY 2022-2023; and WHEREAS, during the board meeting on May 17, 2022, the Irwindale Community Foundation Board approved the FY 2022-2023 Budget, which included a donation of $36,370 to the City of Irwindale; and
WHEREAS, during the board meeting on May 24, 2022, the Irwindale Community Foundation Board approved an additional donation of $78,850 to the City of Irwindale; and
WHEREAS, the City Council previously approved a donation from the Irwindale Community Foundation totaling $24,000, including $9,600 for a Fitness Trainer, which is eliminated due to the City Council's approval to train five City employees; and WHEREAS, the City Council hereby accepts the donation of $69,250 ($78,850 - $9,600) and shall appropriate the donated funds to the departments/divisions of Recreation ($41, 100), Aquatics ($8,800), and Senior Center ($19,350); and WHEREAS, the intended use of the funding for the Recreation and Aquatics departments/divisions have been reviewed and approved by the Parks and Recreation Commission.

NOW, THEREFORE, the City Council of the City of Irwindale, California, hereby resolves, determines and orders as follows:

Section 1. The City Council finds the above recitals to be true and correct, and incorporates them herein by this reference.

Section 2. The City Council hereby formally accepts the donation of $69,250 from the Irwindale Community Foundation on behalf of the City, and the same shall be recorded in the City's donated revenue budget. 01005.0007/795138.1 Resolution No. 2022-56-3306

Section 3. The City Council hereby approves and appropriates the donated funds as approved by the Irwindale Community Foundation, and as itemized on Attachment "A". City Staff shall coordinate with the Irwindale Community Foundation, and are authorized to take all actions reasonably necessary to carry out the intent and purpose of this Resolution.

Section 4. That the Chief Deputy City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this Sth day of June 2022.

ATTEST
Laura M. Nieto, MMC
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. 2022-56-3306 was duly adopted by the City Council of the City of the City of Irwindale, at a regular meeting held on the ath day of June 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers
Resolution No. 2022-56-3306

Laura M. Nieto, MMC
Chief Deputy City Clerk

RECREATION
Item
"Attachment A11

IRWINOALE COMMUNITY FOUNDATION
FY 2022-2023 DONATIONS
Additional Requests Presented to the Board - May 17, 2022, Meeting pescription Ongoing·-------
----·--~mN• --"'-"'"~--·-·-·-·-~~~-~-"'~'"''" ~"~""~"----"-""'-•~-... ~·-·- ~.e~~i,~!. -~~e!l_~~- .... _ ------------·t\1Jar[~~~-f9!.~~-~-~ -~_?_1 --~9.!!~~ ~E!_E!m a-~-~.eJ?.!~E:!-~f~L~~Ei_~-~~Lf~~! _ ---------- _ ........... _ -~-$.._ .. ____ ... ? , 700 Classes
~!nd1_1~15!~~~------·------~-~.P~£<-~-~~~.i~-~-:~f'.!? ... r ...s/, yo~h, te_e_1_11 __ o!_ ho!!!i:~~~L-~-~------·~-- ---~--~ .. ~--,,-- "'------~ ... ·---~----- ...

AQUATICS
!!fill!
""Cream Truck.

TOTAL RECREATION
B-~~~Wh!te, a!:!..'!_'0~!<:!~L<: ..... --~~.i:!~ .... ~ank, dec?!~!!9_ns, sup2_~~~--~--~ ... ·~---·~·~"'~--~-.. ~-- End of Summer Luau _________ ... f()99!_._~~-~'?_r~~!()_l1_~L~-l_l.~E!.r:t:~!~'!l.E!.11.~·--~-19~-~-.<:lf ... ~~-l'!!!n.!.l'!l,t_

TOTAL AQUATICS
SENIOR CENTER - ~--- ~"'~""'"''"'"'"'
Item
'""'"
LESS: CONTRACT FITNESS TRAINER "''"'""'"'"""''"'""'"'"-""" "'""""'' $ 50,700
s 'nnn
$ 8,800
""""'""
s '"'"'
Q ""
~~?Eg
4,700
$ 19,350
/Q.nOO
0City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022
City if

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1E
Issue: Request to Conduct Fireworks Sales -Irwindale Sister Cities Association and Irwindale Lions Club
City Manager's Recommendation:

Approve the requests of the following non-profit organizations I corporations I associations that met the criteria established by the Irwindale Municipal Code to conduct fireworks sales, subject to compliance with all City, County and State regulations: Irwindale Sister City Association and Irwindale Lions Club
Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:

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

Fireworks sales are permitted by non-profit organizations, corporations, or associations, (1) organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, (2) with the principal and permanent meeting place, office, or place of worship within the city, (3) established and organized within the City of Irwindale for a minimum period of one year (Chapter 8.16 of the Irwindale Municipal Code). This activity is a primary 01005.0001/795166.1 Page 1
source of funds for these organizations and allows them to provide assistance to the community throughout the year.

The Irwindale Sister City Association and the Irwindale Lions Club have submitted applications for fireworks sales. The Irwindale Sister City Association is qualified to sell fireworks because they have been organized for the purpose of enhancing and informing future residents of the cultural and heritage connections with a community in the Republic of Mexico; and the Irwindale Lions Club is qualified to sell fireworks because they have been organized to educate, restore vision and prevent blindness for disadvantaged men, women and children. Both organizations have (1) been established in the city for a minimum period of one year, continuously, preceding the filing of their application for permit and (2) conduct their meetings in Irwindale.

The organizations have provided the required documentation and refundable deposit. (A copy of the application forms submitted by Irwindale Sister City Association and the Irwindale Lions Club are attached hereto. Confidential documentation, e.g., sales tax information, is on file in the office of the Chief Deputy City Clerk).

Applications require the exact location of the stand, as proposed. For the Irwindale Sister .City Association, the stand is proposed to be located at 16000-16030 Arrow Highway; for the Irwindale Lions Club, the stand is proposed to be located at 15814 E. Arrow Highway.

Pursuant to Section 8.16.060 of the Irwindale Municipal Code, "All applications for fireworks stands shall be referred to the city council for approval, conditional approval or denial. The city council shall deny any fireworks stand permit if it finds that the public interest or safety is, or would be, jeopardized by the issuance thereof. The decision of the council shall, in all cases, be final and conclusive."
Here, based on staff's review, there are no public interest or safety reasons that have been identified which would warrant denial of the applications. Accordingly, staff recommends approval of the applications for fireworks sales.

Fiscal Impact:

A $50 refundable security deposit is paid by the organizations when the application is filed. Upon final inspection by the Chief of Police, the deposit is refunded to the organization.

Attachments:

Application submitted by:

Irwindale Sister City Association
Irwindale Lions Club
Page2
Request to Conduct Fireworks Sales
City of Irwindale
IRWINDALE 5050 North Irwindale Avenue, lrWindale, California 91706 (626) 430-2200 Fax (626) 430-2269
Attn: Deputy City Clerk

RECEIVED
APR 2 7 2022

CITY OF IRWINDALE
CITY CLERKS DEPT.

FIREWORKS SALES PERMIT APPLICATION
*PERMIT TO BE ON LOCATION AT ALL TIMES
General Conditions

1. The City of Irwindale requires that prior to the issuance of a permit for the sale of fireworks, the permit shall be approved by the City Council. This application must be completed in full and submitted to the Deputy City Clerk's office no later than June 151 of the applicable year (or the Thursday preceding when June 1•1 falls on a Friday, Saturday, Sunday, or holiday).

2. A $50.00 deposit of a cashier's check or cash must be attached to this application.

3. A copy of the current year's SBOE Temporary Seller's Permit and proof of payment of the previous year's sales tax must be attached to this application.

4. Enclosed is a copy of Irwindale Municipal Code Section 8.16 authorizing and regulating the sale of fireworks. Any violation of said regulations will result in immediate revocation of the temporary sales permit granted.

Organization Status 0Veteran .DPatriotic 0Welfare ~Charitable 0Civic Betterment 0Religious Name of Organization X W / N dR ~ Si~e...r : i f\.t C~l:> r.

Organization Address\?. 0. _ ()\{ 2-_? ?i ~ I . / tree{ A dress 'J:·Y- \II/ I Nd It LE I Cs;f.\ 9 ~IP 7 0 <o
Phone 1b7-bi 5CJ.3-ZZ 1:8 Fax E-Mail c My-b re_ l ecl(;;JsJI\•:

LocationofMeetingPlace 50,50 MT'CwiNJA(~ Ave_, Qd(~1d-e . Street Address '1-rw \N~i\--LE. C?r 9 I 7 O lo ~ ~
Location of Fireworks Stand
Emergency Contact
Name and Addresses of Officers of Org~ization ~ ~ (attach additional sheets, n ded) -.....: -.::!// .. H - r. I "?I - "i ~ ., ""> ~ Officer's Name Lv Sli:- e~ c_.e, res Phone(~ Ci<><...:>-.?-.CHome Address ;Jl(-3 7 Al"(kbse.... A,ve._ J l-ru ~ {-N c:b.Z 'b cR 910 I 0 Officer's Namebolc'l'es 'AM-~~v ~Ti!!--~f!:Jl,Phone cf:;Zb33Z-//7SHome Address 2!./15f(ueJ~S Sr ,k-v=wit.l l'E: c_p. CjttJ/O Officer's Name GrACe.- L Co:t- Title f;-e,!)def Phone rb?.h) 't&+!JL(C}j HomeAddress //ZP/ /;_'>-s¢ '-s! C-.J12_1udoiA. ft> <j !7fD / City ofirwindale Fireworks Application.doc Page 1 of3
IR WIND ALE City of Irwindale
Permission to use Property for Sale of Fireworks
(This completed form must be attached to Fireworks Sales Permit Application) In accordance with City oflrwindale's Municipal Code Section 8.16.040 I hereby give permission for I Y-uJ I tJDAl£ s.·5-/e,r{J,+-i to use the property located at I bOOO-/y5 ~ame or
ofgganization), roa.Jl-fwy;Jvwi!I). .-.-- ~
~he purpose of selling
(Address)-. I -.- 1 l
fireworks on the following dates(s) \.) vfl/e_ 29, ZrJU /v-, V j 't Zo~ I/We agree to save harmless said City of Irwindale, its officers and employees from any and all claims, damages or losses to persons or property resulting from use of the above mentioned property by applicant, their invitees, or anyone attending the event whether or not caused by negligence of such person.

OWNER OF PROPERTY
Signature(s)
Name (Please type or print)
Telephone Number
City of Irwindale Fireworks Application.doc Page 3 of3
OFFICE USE ONLY cQ
Date Application Received If jJ:tg !~d-- Received By----;[f~""M~~=-i-~---------- (Please attach a COP. of the receipt) 01711 I. 3 5 q \
Date $50.00 Refun le Permit Fee Paid V lli 0 Cltash Ocashier's Check Received By __ A-.JL'-1'-'"4-"------------------
Approvals and onditions:

Planning ____________________________________ _
Public Works __________________________________ _
Police _____________________________________ _
City Manager __________________________________ _
City Council _____________ (Date)
Attachlilents: ____________________________________ _
Permittee agrees to comply with all applicable laws and to maintain the premises in good condition and to return said premises in the same condition as they were before said use.

Unless greater or lesser coverage is requested, permittee agrees to furnish the City ofirwindale evidence of liability insurance in the amounts of FIFTY THOUSAND DOLLARS ($50,000) for Public Liability and ONE HUNDRED THOUSAND DOLLARS ($100,000) for Property Damage, in the form of a certificate, covering the entire period of this permit, naming the City ofirwindale as additional insured. Permittee waives all claims against the City oflrwindale, its officers, agents and employees, for fees or damage caused by, arising out of, or in any way connected with the exercise of this permit and permittee agrees to save harmless, indemnify and defend city, its officers, agents and employees from any and all loss, damage of liability which may be suffered or incurred by City, its officers, agents and employees caused by, arising out of or in any way connected with exercise by permittee of the rights hereby permitted, except those arising out of the sole negligence of City.

City of Irwindale Fireworks Application.doc Page2 of3

IRWINDALE SISTER CITY
P.O. Box 2023, Irwindale, California
May 2, 2022
Honorable Mayor and City Council
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
The Irwindale Sister City group is requesting that we be granted permission to sell 41h of July 2020 fireworks in the City of Irwindale. The sales will be from June 29th through July 4, 2022 and will be located at 16004 Arrow Highway.

Your favorable response would be greatly appreciated.

Sincerely,
Rosalv . Breceda
Vice President

RECEIVED
APR 2 6 2022

CITY OF IRWINDALE
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AC ORY CERTIFICATE OF LIABILITY INSURANCE 111112022 I DATE (Mlll'ODJVYVY} ....__...-- 10/29/2021
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERllACATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the policy{ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WANED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cerlfficate holder in lieu of such endorsernent(sl.

PRODUCER Lockton Companies NAME:-
3280 Peachtree Road NE, Suite #250 PHON~0 ' lf~Nol: Atlanta GA 30305 l~o~Ls: (404) 460-3600 c INSU...,..1Sl AFFORDING COVERAGE
INSURER A: Everest lndemni .... ,. Insurance Comoan11 -· 10851 IN.SURED Am . Pr ti 1 E ts In msuR£RB:Arch ..._ ...... ecialtv Insurance Comnanv 21199 1359665 encan omo ona ven , c. DBA 1NT Fireworks, Inc. INSURER c: Berkshire Hathawav Homestate Ins Co 20044 555 North Gilbert Avenue JNSUR£RD:

Fullerton CA 92833 INSURERE:

XXX0261 INSURE.RF:

COVERAGES CERTIFICATE NUMBER· 12253695 REVISION NUMBER· xxxxxxx lHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAlED. NOlWJJHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF AJIN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, lHE INSURANCE AFFORDED BY lHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAJO CLAIMS . ... TYPE OF INSURANCE ..... ••• 1 .. ~~!5&~ ~,&%"~ UMrrs "" POLICY NUMBER A J'- COMMERctAl. GENERAL UABIUTY y N S18GL00242-211 11/112021 1111/2022 EACH OCCURRENCE $ 1.000.000 ~
=:=] ClAIMS.MADE [i] OCCUR ! g,,;=u,;;f'.Jn;~, ' 500 000 I- MED EXP •A- one person\ '5000
I- PERSONAL & ADV INJURY s I 000 000
GEN'LAGGREGATE LIMIT APPLIES PER; GENffiALAGGREGArE '2000000 Fl POLICY o r~& CXJ LOC PRODUCTS-COMPJOP AGG '2000000 OTHER: ' AUTOMOBILE UABturV NOT APPLICABLE ! ~MBIJ:V;~.~INGLE LIMIT ~ •xxxxxxx ANY At1'0 BODILY INJURY (f'er pe1¥0R) •xxxxxxx I- OWNED - SCHEDULED I- AUTOS ONLY I- AUTOS BODlL Y INJURY (Per aocidenl) •xxxxxxx HIRED NON-OWNED ! fp'!s~~E~'Z.J?AMAGE 'xxxxxxx - AUTOS ONLY - AUTOS ONLY 'xxxxxxx B x UMBRELlA UA8 fxj OCCUR y N UXP005618_9--08 11/1/202) 11/112022 EACH OCCURRENCE $ 5.000.000 EXCESSUAB Clll<MSMJ\DE AGGREGATE ' 5 000000 OED j I RETENTION $ sXXXXXXX WORKERS COMPENSATION. N X l ~~TIITE I !OTI-1- c AND EJ4PLO'IERS' llABIUTY YIN AM\VC243357 11/112021 1111/2022 ER MN PROPRIETOWPARTNERIEXECUTIVE llil NIA E.L. EACH ACCIDENT ' I 000000 OfACERnAEMBER EXCLUDED? (llandatoly kl NH) EL DISEASE- EA EMf>tOVEI ' I 000000 lf yas, describe under DESCRIPTION Of OPERATIONS beloW E.L DISEASE - POLICY L!Mrr • 1.nno ooo DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10f, AdditlomU Rom:afb Seh&dul&, may be attaclled if 111oro spac& is required) Property Located @ SEC hwindale & Arrow Hwy., lrwiruhle, CA 91706 (XXX0261) Certificate holder is an additional insured on the General Liability as required by written contract subject to policy tcnns, cnnditians, and cia:lusions.

CERTIFICATE HOLDER CANCELLATION
12253695
Sister Cities Association- Irwindale & the City of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Irwindale, their officers, agents and employees THE EXPIRATION DATE THEREOF, NOTICE Will. SE DELIVERED IN when acting in 1heir official capacities as such ACCORDANCE WITH THE POLICY PROVISIONS. 5050 North Irwindale Avenue
Irwindale CA 91706 AU1110R!ZB> REPRESen:~
~ L /"'....... ~ ,Z:/ ~x /.,{ ' /l"ln1 / / •
© 1988 RD CORPOKATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

SALES ASSOCIATE BENNETT CITY IRWINDALE
LOCATION# XXX0261 ORGANIZATION IRWINDALE SISTER CITIES ASSOC.

SIZE 32x8 TYPE OPW BACK DOORS """'0 __ _ A-FRAMES ~1 __ SET-UP 6/22 DOWN DATE 7/10 LIGHTS OPW -----~ ~---- --------~-- ADDRESS 16000-16030 ARROW HWY

INTERSECTION SEC ARROW HWY & IRWINDALE AVENUE
THOMAS GUIDE - COUNTY LA PAGE GRID ~---~ --- SPECIAL INSTRUCTIONS FACE STAND TO STREET WITH BACK OF THE

STAND INLINE WITH THE PARKING STRIPES
'

STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
~~~~~ ~~~~~~f LICENSE APPLICATION
Complete and return all copies to the Office of State Fire Marshal with the required fee of $50.00 made payable to "CAL FIRE". Applications must be received prior to June 15th of the current year.

LICENSEE INFORMATION
Fire Engineering
Office of the State Fire Marshal
PO Box 944246, Sacramento, CA
94244-2460
(916) 568-2948
Name (last, First): Deeth, Terese Phone Number.

Mailing Address (Street Address, City, CA, Zip): 555 N. Gilbert St., Fullerton, CA, 92833 Local Contact Person and Phone Number (if different from Licensee above): STEVE BENNETT, (626) 607-4868

STAND INFORMATION
Group Name: SISTER CITIES ASSOCIATION - XXX0261
Physical Address (Street Address, City, CA, Zip): 16000-16034 ARROW HWY, IRWINDALE, CA, 91706 County of Stand Location: Los Angeles

WHOLE SALE FIREWORK VENDOR INFORMATION
Business Name: AMERICAN PROMOTIONAL EVENTS-WEST License No.: W-1081 Contact Name: Deeth, Terese Phone Number. 714-738-1002

FIRE AUTHORITY HAVING JURISDICTION
Fire Department: Los Angeles County Fire Dept
Physical Address (Street Address, City, CA, Zip): 1320 N. Eastern Ave, LOS ANGELES, CA, 90063
Signature of Fireworks p,.ogram Coordinator Signature of Licensee -NOTICECAL Fire Validation No.
1741
Valid Through
06/28/2022-07/06/2022
04/19/2022
Date

COPY OF THIS NOTICE MUST BE POSTED AT STAND WITH A COPY OF THE LOCAL PERMIT A validated license has been issued to the organization shown above for the sale of Safe and Sane fireworks at the location indicated. After a permit has been issued by the authority having jurisdiction this license allows the sale of only classified "Safe and Sane" fireworks at the approved location from NOON, June 28th to NOON, July 6th, of the year indicated. NOTE: Retail licensees are required to be atleast 21 years of age, employees of fireworks stand must be at least 18 and fireworks may not be sold to anyone under age of 16 for CAL FIRE DAO Use Only: lndex-5942, PCA-59420, Soun::e Code- 4129400 City of Irwindale RECEIVED
IRWINDALE 5050 North Irwindale Avenue, Irwindale, California 91706 (626) 430-2200 Fax (626) 430-2269
Attn: Deputy City Clerk
FIREWORKS SALES PERMIT APPLICATION SDEPT.
*PERMIT TO BE ON LOCATION AT ALL TIMES
General Conditions

1. The City of Irwindale requires that prior to the issuance of a permit for the sale of fireworks, the permit shall be approved by the City Council. This application must be completed in full and submitted to the Deputy City Clerk's office no later than June 1s• of the applicable year (or the Thursday preceding when June 1st falls on a Friday, Saturday, Sunday, or holiday).

2. A $50.00 deposit of a cashier's check or cash must be attached to this application.

3. A copy of the current year's SBOE Temporary Seller's Permit and proof of payment of the previous year's sales tax must be attached to this application.

4. Enclosed is a copy of Irwindale Municipal Code Section 8.16 authorizing and regulating the sale of fireworks. Any violation of said regulations will result in immediate revocation of the temporary sales permit granted.

Organization Status 0Veteran 0Patriotic 0Welfare llCharitable 0Civic Betterment 0Religious Name of Organization I QJ;-1 I ~L.£ tJ\O ~ C .WB
Organization Address PO fut( 2Cl16
Street Address
Zip
f')(!tmcti 1, QoVYJ
Location of Meeting Place
ity State Zip
Location of Fireworks Stand
Street Address
Emergency Contact GMC£ &Y-.,
Name and Addresses of Officers of Organization
(attach additional sheets, ff needed) (.\
Officer's Name LPi L\Rf-1 '&Pi !0TD~ Title 1<'./21$$H:::@;rJ:f Phone (}p2J.p) Home Address ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
Officer's Name G \..£:.~NI \?wW>A-Ll..<3J Ir\- Titlef\'LmiSurg~hone ( ~U) ·15/-l l C\g' Home Address~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
Officer's Name ~[lALE. CGXl Title 9i1G.tT:/ Phone(IP2&) l\i4-0Y45 Home Address~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
City oflrwindale Fireworks Application.doc Page I of3
OFFICE USE ONL~
Date Application Received ii) '{J-tp \ Ctef Received By-+_,,i/i\1~$+=------------- (Please attach a copy of the receipt;
Date $50.00 Refundable Permit Fee Paid Ocash Ocashier's Check Received By ______________________ _
Approvals and Conditions:

Planning ______________________________________ _
Public Works -------------------------------------
Police ---------------------------------------- City JVI an ager __________________________________ _ City Council _____________ (Date)
Attachments: -------------------------------------
Permittee agrees to comply with all applicable laws and to maintain the premises in good condition and to return said premises in the same condition as they were before said use, Unless greater or lesser coverage is requested, permittee agrees to furnish the City ofirwindale evidence of liability insurance in the amounts of FIFTY THOUSAND DOLLARS ($50,000) for Public Liability and ONE HUNDRED THOUSAND DOLLARS ($100,000) for Property Damage, in the form of a certificate, covering the entire period of this permit, naming the City ofirwindale as additional insured, Permittee waives all claims against the City ofirwindale, its officers, agents and employees, for fees or damage caused by, arising out of, or in any way connected with the exercise of this permit and pennittee agrees to save harmless, indemnify and defend city, its officers, agents and employees from any and all loss, damage of liability which may be suffered or incurred by City, its officers, agents and employees caused by, arising out of or in any way connected with exercise by permittee of the rights hereby permitted, except those arising out of the sole negligence of City,
Permittee agrees to all the terms and conditions of this permit including any provisions listed and any attachments.

Applk••"• s;g.,m~~ n.re, ~C\ v.J I 2iYl2--
City oflrwindale Fireworks Application,doc Page 2 of3
IRWINDALE City of Irwindale
Permission to use Property for Sale of Fireworks
(This completed form must be attached to Fireworks Sales Permit Application) In accordance with City oflrwindale's Municipal Code Section 8.16.040 I hereby give permission for \RA;J I NOlilf: LION) lLLt8 to use the property CNAJ-me of Qrganiza~ipn)
located at \Si I Y E . µ!W.01.D /M~ for the purpose of selling (Address)
fireworks on the following dates(s) JUNE .3()- JLl LY !.j. I 2.C) Z.'2....

VWe agree to save harmless said City of Irwindale, its officers and employees from any and all claims, damages or losses to persons or property resulting from use of the above mentioned property by applicant, their invitees, or anyone attending the event whether or not caused by negligence of such person.

Signature(s)
£J>w lfl2.D R,, b irf ·z__-
Name (Please type or print)
6'26 ~5·7;g~3 Telephone Number
City ofirwindale Fireworks Application.doc Page 3 of3
~RD® CERTIFICATE OF LIABILITY INSURANCE 111112022 I DATE {MMIDD/YvYY) 5/27/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}.

PRODUCER Lockton Companies CONTACT
NAME:
3280 Peachtree Road NE, Suite #250 PHONE ,A, ... No Extl: I fffc Nol:

Atlanta GA 30305 E-MAIL
(404) 460-3600 ADDRESS:
!NSURER(Sl AFFORDING COVERAGE NAIC#
INSURER A Everest Indernnitv Insurance Comoanv 10851
INSURED American Promotional Events, Inc. 1NsuRER B : Arch Soecialtv Insurance Comoanv 21199 1359665 DBA TNT Fjreworks, Inc. INSURER c: Berkshire Hathawav Homestate Ins Co 20044 555 North Gilbert Avenue INSURERO:

Fullerton CA 92833 lNSURERE:

CSR290! !NSURERF:

COVERAGES CERTIFICATE NUMBER· 12253691 REVISION NUMBER: xxxxxxx THIS rs TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT!Fl9ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA!MS.

INSR AOOL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER IMM/DONYYYI IMM!OONYYYI LIMITS A eX- COMMERCIAL GENERAL LIABILITY y N Sl8GL00242-21 I 11/I/2021 I I/I/2022 EACH OCCURRENCE s I 000 000 f--=:J CLAIMS-MADE [i] OCCUR ~~~~~~J9E~~~~~ni:e\ $ 500 000 ~
MED EXP (Any one parson) $ 5 000
PERSONAL & ADV INJURY ~
$ I 000.000
R'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2 000.000 POLICY DPRO· JECT [Kl LDC PRODUCTS - COMP/OP AGG $ 2.000.000 OTHER: $
AUTOMOBILE LIABILITY NOT APPLICABLE Pe~~~~~~tflNGLE LIMIT $ xxxxxxx - ANY AUTO BODILY INJURY (Per person} $ xxxxxxx - OWNED r- SCHEDULED AUTOS ONLY AUTOS BODILY !NJURY (Per accident) $ xxxxxxx - HIRED f- NON-OWNED AUTOS ONLY rp~~:;:~gAMAGE f- AUTOS ONLY $ xxxxxxx - $ xxxxxxx B x UMBRELLA LIAB nOCCUR y N UXP0056l 89-08 1 l/I/2021 11/I/2022 EACH OCCURRENCE $ 5.000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 000 000 OED I [ RETENTION$ $ xxxxxxx WORKERS COMPENSATION N x I ~f~TUTE I I OTH· c AND EMPLOYERS' LIABILITY AMWC243357 I I/I/2021 11/I/2022 ER YIN ANY PROPRJETOR/PARTNER/EXECUTJVE [l!J NIA E.L EACH ACCIDENT $ I 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1000000 !f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ I 000 000 DESCRIPTION OF OPERATIONS f LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR nns HOLDER, APPLICABLE TO THE CARRIERS LISfED AND THE POLICY TERM(S) REFERENCED.

Property Located@ 15814 Arrow Hwy., Irwindale, CA 91706 (CSR290 l) Certificate holder is an additional insured on the General Liability as required by written contract subject to policy tenns, conditions, and exclusions.

CERTIFICATE HOLDER
12253691
Lions Club Irwindale and the City ofirwindale
their officers, agents and employees when acting
in their official capacities as such
5050 North Irwindale Avenue

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Irwindale CA 91706 AUTHORJzeo REPRESENTATIVE
'--~~_,_~~~~~~~~~~~~~~~~~.1.--~~~-©~{~~~D~C~O~R=Po="--=""'"-:-::-:--:-:-~~--::-1 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD INSPECTION DATE: 6/26 TNT FIREWORKS MC GILLS

SALES ASSOCIATE BENNETT CITY IRWINDALE
LOCATION# CSR2901 ORGANIZATION IRWINDALE LIONS CLUB
SIZE 24x8
SET-UP 6/22
TYPE OPM BACK DOORS 0 A-FRAMES 2 ~~- -~~- ---
DOWN DATE 717 LIGHTS OPM
ADDRESS 15814 ARROW HIGHWAY

INTERSECTION W OF SWC ARROW HIGHWAY & IRWINDALE AVENUE

THOMAS GUIDE - COUNTY LA PAGE GRID

SPECIAL INSTRUCTIONS STAND TO FACE STREET-SET NEAR SMALL STRUCTURE.

STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

RETAIL FIREWORKS LICENSE APPLICATION
FWX-15 (REV. 12/18)
Complete and return all copies to the Office of State Fire Marshal with the required fee of $50.00 made payable to "CAL FIRE". Applications must be received prior to June 15th of the current year.

LICENSEE INFORMATION
Fire Engineering
Office of the State Fire Marshal
PO Box 944246, Sacramento, CA
94244-2460
(916) 568-2948
Name (Last, First): Deeth, Terese !Phone Number:

Mailing Address (Street Address, City, CA, Zip): 555 N. Gilbert St., Fullerton, CA, 92833 Local Contact Person and Phone Number (if different from Licensee above): STEVE BENNETT, (626) 607-4868

STAND INFORMATION
Group Name: IRWINDALE LIONS CLUB - CSR2901
Physical Address (Street Address, City, CA, Zip): 15814 ARROW HIGHWAY, IRWINDALE, CA, 91706 County of Stand Location: Los Angeles

WHOLE SALE FIREWORK VENDOR INFORMATION
Business Name: AMERICAN PROMOTIONAL EVENTS-WEST License No.: W-1081 Contact Name: Deeth, Terese Phone Number: 714-738-1002

FIRE AUTHORITY HAVING JURISDICTION
Fire Department: Los Angeles County Fire Dept.

Physical Address (Street Address, City, CA, Zip): 1320 N. Eastern Ave, LOS ANGELES, CA, 90063
Signature of Fireworks Program Coordinator Signature of Licensee -NOTICECAL Fire Validation No.
1739
Valid Through
06/28/2022-07/06/2022
04/19/2022
Date

COPV OF THIS NOTICE MUST BE POSTED AT STAND WITH A COPY OF THE LOCAL PERMIT A validated license has been issued to the organization shown above for the sale of Safe and Sane fireworks at the location indicated. After a permit has been issued by the authority having jurisdiction this license allows the sale of only classified "Safe and Sane" fireworks at the approved location from NOON, June 28th to NOON, July 6th, of the year indicated. NOTE: Retail licensees are required to be atleast 21 years of age, employees of fireworks stand must be at least 18 and fireworks may not be sold to anyone under age of 16 For CAL FIRE DAO Use Only: lndex-5942, PCA-59420, Source Code- 4129400 IZJCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022
Cityef

IRWINDALE

AGENDA REPORT
CC Item 1F
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Award of Contract to provide Professional Surveying Services for a Jurisdictional City Boundary Survey of Missing City Boundary Markers and Blue Line Striping of City Boundary Markers; P-1037
City Manager's Recommendation:

That the City Council (1) approve and authorize the City Manager to execute an agreement, subject to City Attorney approval as to form, with Chris Nelson & Associates, Inc. in the amount of $39,600.00 for professional services for the preparation of a jurisdictional boundary survey of missing city boundary markers and blue line striping of the city boundary markers; and (2) approve a 15% contingency in the amount of $5,940.00 to cover additional services required to address any unforeseen site conditions during installation.

Administrative Action:

Submitted by:

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

Luis Pimentel,
Assistant Engineer
(626) 430-2259
Reviewed by:

Adrian Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Electronically Approved
Electronically Approved

Background and Analysis:

The Irwindale Police Department references the City's jurisdictional boundary line when completing police reports in the field. When the City's boundary line is located on a public road and is shared with a neighboring City, it is sometimes difficult for police officers to distinguish where the City boundary line is and which jurisdiction an incident occurred.

Therefore, the Irwindale Police Department requested that the city boundary lines be identified and painted at certain locations. Public Works Engineering staff will contract professional surveying services to assist with identifying the City's boundaries, installing boundary markers and painting the boundary line with blue paint.

On March 24, 2022, staff issued a Request for Proposal (RFP) for professional surveying services for the preparation of a jurisdictional boundary survey, installation of 19 missing boundary markers and painting of the blue lines. Staff received proposals from three qualified professional surveying firms on April 20, 2022 with the following results:

CONSULTANT RANKING FEE PROPOSAL COMMENTS
Chris Nelson Associates, Inc. 1 $ 39,600.00
Coory Engineering 2 $ 57,900.00
Johnson-Frank & Associates, Inc. 3 $ 87,745.00
Westland Group, Inc. No Proposal
Submitted
Staff evaluated each proposal received and ranked each consultant based on technical competency, project understanding, experience, staff qualifications and availability. Chris Nelson & Associates, Inc. was determined to be the most qualified firm for the project.

Staff recommends awarding the contract to Chris Nelson & Associates, Inc. for Professional Surveying Services for a Jurisdictional City Boundary Survey for Missing City Boundary Markers & Blue Paint Striping for this project.

It is expected that the services will be completed within two (2) months of the execution of the agreement.

The attached contract agreement has been reviewed and approved by the City Attorney's office.

Fiscal Impact:

Sufficient funding for this project is available in CIP Budget Account 48-80-800-45200- 8237. The fee for this service will be funded 60% ($23,760) through the General Fund and 40% ($15,840) through the Mining Impact Fund.

Attachment(s):
• Contract Agreement for Professional Consultant Services Page2

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND

CHRIS NELSON & ASSOCIATES, INC
FOR

PROFESSIONAL SERVICES FOR A JURISDICTIONAL CITY BOUNDARY SURVEY

OF MISSING CITY BOUNDARY MARKERS & BLUE LINE STRIPING OF CITY BOUNDARY MARKERS; P-1037
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 8th day of June, 2022 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and Chris Nelson and Associates Inc., 28118 Agoura Road, Suite 100, Agoura Hills, CA 91301 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
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. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
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" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Nine Thousand Six Hundred and 00/100 Dollars ($39,600) ("Contract Sum").
01005.0006/795241.1 1

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 tbe following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by tbe 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 aclmowledges 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 tbe 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 fifteen percent (15%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Nine Hundred Forty Dollars ($5,940) 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 tbe essence m the perfo1mance 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 Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to tbe 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 01005.0006/795241.l -2-
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, if the 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 ifin 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 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 (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

4. COORDINATION OF WORK

4.1 Representative of Consultant. Mr. Chris Nelson, PLS 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 counection 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 persounel 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. Julian A. Miranda [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 malce 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 Consultant. 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.
01005.00061795241.l -3-

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure 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 which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CGOOOl or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or ifa general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.
01005.0006/795241.1 -4-
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates oflnsurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.

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, 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 perfonnance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indernnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indernnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. 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 01005.00061795241.I -5-
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 from 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.
01005.0006/795241.1 -6-

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, 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 or remedies, 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 01005.0006/795241.1 -7-
the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". 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 perfonnance of this Agreement. Consultant shall talce 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 tenns of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication 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 91706t 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 Integration; 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 instrnment 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 01005.0006/795241.1 -8-
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 nondefaulting 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 defend 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 Interpretation. 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 Counterparts. 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 being 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 ---

8.11 Corporate 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 01005.0006/795241.l -9-
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.]
01005.0006/795241.1 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy 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:

Chris Nelson & Associates Inc.

Name:

Title:

Name:

Title:

Address: 28118 Agoura Road, Suite 100
Agoura Hills, CA 91301
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) 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. 01005.0006/795241.1 -11-

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 instru1nent.

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 fonn.

CAPACITY 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 01005.0006/795241.1

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/tbeir 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 fonn

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORA TE 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 01005.0006/79524 L1
EXHIBIT "A"

SCOPE OF SERVICES
I. Consnltant will perform the following Services:

A. Assist with defining the jurisdictional boundaries over locations at Ramona Blvd., Live Oak A venue, Azusa Canyon Road, Irwindale A venue, Vincent A venue, Olive Street, Gladstone Street and Peck Road, as specified by Client, and based upon a field survey.

B. Replace or recover nineteen (19) markers along the jurisdictional boundary lines along Ramona Blvd., Live Oak Avenue, Azusa Canyon Road, Irwindale Avenue, Vincent Avenue, Olive Street, Gladstone Street and Peck Road to enable the painting contractor to paint the jurisdictional boundaries with four-inch ( 4") wide blue lines, as shown on the provided diagram, including traffic control.

C. Retain a striping sub-contractor to paint the blue lines along the jurisdictional boundary lines
D. Prepare a map delineating the information used to establish the boundary lines and prepare a Record of Survey. The Record of Survey shall be submitted to the County Surveyor's Office as required by State law. The exterior boundary shall be shown on a Record of Survey without any site improvements delineated.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Replacement or recovery of nineteen (19) jurisdictional boundary markers.

B. Blue line striping of the jurisdictional boundary markers.

C. A map delineating the information used to establish the boundary lines.

D. A Record of Survey that will be submitted to County Surveyor's Office.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01005.0006/795241.1 A-1
01005.0006/795241.1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

PREVAILING WAGE

SCHEDULE OF FEES AND BILLING PROCEDURE
STANDARD HOURLY RATES -2022

CIVIL ENGINEERING, LAND SURVEYING & MAPPING SERVICES

OFFICE SERVICES
Prlncip:al Land Surveyor
Principal Civil Engineer ..

Professional Land Surveyor II..

Professional Civil Engineer !I. ...................... .

Professional Land Surveyor 1.

Professional Civil Engineer I..

Senior Project Manager .............................. .

Project Manager ............ .

Senior Survey Technician
Survey Technician ................... .

Senior Civil Engineer Tech
Assistant Civil Engineer Tech ...................... .

Clerical. ............................................. .

Court AppearancefDeposltlon.

FIELD SERVICES
Field Calculations
Survey Field Manager..

One-Person Survey Crew.

Two-Person Survey Crev..r.

Three-Person Survey Crew
$255
$255
$210
$210
$190
$190
$180
$170
$150
$140
$150
$140
$95
$475
$160
$190
$250•
$315•
$365•
"'Minimum blllln,g rate for field survey crews for any time spent In the field on a ,eiven day Is four (4) hours based onthe!r hourly rate. For Instance, the minimum char,ge for a Two-Person Survey Crew for anytime les.s than four (4) hours spent In the field on any ,eiven day Is $!,260.00 {$315.00 x 4hr.s.).

II, The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2,2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

C-1
01005.00061795241.l
III. The total compensation for the Services shall not exceed $39,600, as provided in Section 2.1 of this Agreement.

IV. Consultant's billing rates for all personnel are attached as Exhibit C-1.

C-2
01005.0006/795241.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
Unless earlier terminated in accordance with this Agreement, the Agreement shall continue in full force and effect until completion of the Services, or December 31, 2022, whichever comes first.

The term of this agreement can be extended for a twelve-month period with written notice issued by the City Engineer.

D-1
01005.0006/795241.1
121City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: June 8, 2022
Dtyo/

IRWINDALE

AGENDA REPORT
CC Item 1G
To: Honorable Mayor and Members of the City Council
From: Julian A Miranda, City Manager
Issue: Appropriation of Supplemental Law Enforcement Services Funds for the Citizen Option for Public Safety Program (COPS) AB3229
City Manager's Recommendation:

Adopt Resolution No. 2022-59-3309 entitled: "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF IRWINDALE RECORDING REVENUES, INTEREST AND AN APPROPRIATION IN THE AMOUNT OF $161,836.96 FOR FISCAL YEAR 2021-22 OF

SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR THE CITIZEN'S OPTION PUBLIC SAFETY PROGRAM (COPS)," reading by title only and waiving further reading thereof, thereby appropriating supplemental law enforcement services funds.

Administrative Action:

Submitted by:

Ty Henshaw, Police Chief
(626) 430-2200
Prepared by:

John Fraijo, Police Captain
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Electronically Approved
Electronically App1 ovt::u
Electronically Approved
Electronically Approved

Background and Analysis:

The State of California Citizen Option for Public Safety (COPS) Program was enacted pursuant to AB 3229. The COPS Program provides a supplemental funding source for local governments for the purpose of ensuring public safety. There is no guarantee that this will be a continued funding source for the long term. For FY 2021-22, the City of Irwindale Police Department received $161,284.85 which is required to be used for "frontline municipal police services." These funds must supplement existing services, and cannot be used to supplant any existing funding for law enforcement services. COPS funding for the prior fiscal year FY 2020-21 has earned interest in the amount of $552.11 from the City's pooled investment accounts, which also has to be allocated for "front-line municipal police services."
California Government Code Sections 30061 through 30065 establishes guidelines for the receipt and expenditure of COPS funding. This Code requires the City Council to certify approval of the COPS expenditure plan separate from the normal City budget process.

The following is the proposed COPS expenditure plan for FY2021-22, with some of these items presented as part of the police department's Capital Improvement Plan:
• The purchase of police service vehicles and outfitting the vehicles with emergency lighting equipment, radios, computers, and public safety supplies. • The purchase of police dispatch radio consoles and computer system maintenance costs.

The COPS funding received from the state, plus the interest allocated at year-end total $161,836.96. Appropriation of these funds will allow the police department to expend these monies in FY 2021-22 and carry over any unexpended funds to FY 2022-23.

Fiscal Impact:

Appropriating the COPS funding received in FY 2021-2022 will allow the Police Department to use these funds for supplemental technological and other equipment for its patrol operations. These expenditures would otherwise need to be funded by the General Fund, thereby resulting in a savings of General Fund monies.

Attachment: Resolution No. 2022-59-3309
Page2
RESOLUTION NO. 2022-59-3309

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

RECORDING REVENUES AND AN APPROPRIATION IN THE AMOUNT OF $161,836.96 FOR FISCAL YEAR 2021-22

OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS

FOR THE CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAM (COPS) WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by using funds from the Citizens Option for Public Safety (COPS) Program to supplement the Police Department budget; and WHEREAS, the City of Irwindale has received $161,284.85 from the State of California COPS Program, which is funded for the 2021-22 fiscal year, and COPS funding has earned interest amounting to $552.11; and
WHEREAS, the COPS funds must be utilized by the Police Department for "frontline municipal law enforcement services" and cannot be used to supplant funding for other law enforcement services or programs; and
WHEREAS, the Police Department proposes to utilize these funds for the purchase of police service vehicles and outfitting those vehicles with emergency lighting equipment, radios, computers and public safety supplies; and WHEREAS, in total, COPS funding received from the state in conjunction with property tax allocations throughout the year, as well as the interest allocated at year-end, amounts to $161,836.96. Any remaining funds after any capital expenditures forthe proposed police service equipment and supplies will be invested in accordance with COPS requirements.

NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:

SECTION 1. The State of California COPS Program funds and earned interest from such funds shall be recorded as revenue and be appropriated to expenditure account(s):
• 36-35-371-44400-0000 (Vehicles and Equipment) in the amount of $28,100.00
• 36-35-371-44300-0000 (Computer Systems) in the amount of $133,736.96 SECTION 2. COPS proceeds will be utilized for police service vehicles and outfitting the vehicles with emergency lighting equipment, radios, computers and public safety supplies.

Resolution No. 2022-59-3309

SECTION 3. Any remaining COPS funds after any capital expenditures for the proposed police service equipment and supplies described in Section 2 herein will be invested in accordance with COPS requirements.

SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 81h day of June, 2022.

Larry G. Burrola, Mayor
ATTEST:

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

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-59-3309 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 81h day of June, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Resolution No. 2022-59-3309

Laura Nieto
Chief Deputy City Clerk
t:SJCity Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: June 8, 2022
City of

IRWINDALE

AGENDA REPORT
CC Item 1H
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Appropriation of Asset Forfeiture Funds
City Manager's Recommendation:

Adopt Resolution No. 2022-60-3310, entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT," reading by title only and waiving further reading thereof, thereby appropriating asset forfeiture funds.

Administrative Action:

Submitted by:

Ty Henshaw, Police Chief
(626) 430-2200
Prepared by:

John Fraijo, Police Captain
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Electronically Approved
Electronically Approved
Electronically Approved
Electronically Approvea

Background and Analysis:

The Department of Justice (DOJ) Equitable Sharing Program (Asset Forfeiture) was federally enacted in 1984. The primary purpose of this program is to assist law enforcement in the deterrence of crime by depriving criminals of the profits and proceeds of their criminal activities and to weaken criminal enterprises by removing the instrumentalities of crime. An ancillary purpose of this program is to enhance cooperation among federal, state and local law enforcement agencies through the equitable sharing of federal forfeiture proceeds.

The Irwindale Police Department in cooperation with federal, state, and local agencies, has participated in several investigations over the past four years that have resulted in the seizure of personal property to include automobiles and U.S. currency. Through the Equitable Sharing Program, the police department applied for and received a portion of funds from each related investigation from both federal and state equitable sharing programs. Allocations of funds through these programs are determined by the percentage of time and effort that a participating agency puts toward the case investigation that resulted in seized property.

Federal and state laws dictate permissible and non-permissible purchases that can be made with the received asset forfeiture funds under the asset forfeiture program.

Permissible items for purchase with the received funds include law enforcement training in any area that is necessary to perform official law enforcement duties, equipment and operations for investigations and official law enforcement duties, telecommunications equipment, and law enforcement facilities and related items to include government furniture.

Asset forfeiture funds cannot be used for regular salaries of existing police officers, but may be used for the salary of police officers assigned to a specific task force for a specified period of time or under certain other conditions. The permissible appropriation of funds will include:

Page2
• Salary and overtime costs associated with asset forfeiture investigations • Law enforcement training
• Hardware, software, wireless connectivity and other required equipment related to the department's reporting and telecommunications infrastructure • Radio Communication Systems/ In-car camera system I MDC-Mobile Data Video surveillance equipment
Equipment and operations related to investigations
• Executive Conferences - In State/Out of State
Fiscal Impact:

Federal Asset Forfeiture funds are received, appropriated, and spent out of Funds 16.

These funds are separate from the General Fund.

The police department has received $94, 142.23 for fiscal year 2021-2022 - for federal asset forfeiture which is held in the Federal Treasury Funds (Fund 16).

If approved, the attached resolution allows for an appropriation of $94, 142.23 in federal asset forfeiture revenue to be distributed for expenditure accounts as follows:
- $92,582.77 to Operating Supplies 16-35-370-42200-0000 - $1,559.46 to Program Supplies 16-35-370-42240-0000
Attachment: Resolution No. 2022-60-3310
01005. 0010/795412.1 Page 3
RESOLUTION NO. 2022-60-3310

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE

BY THE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and WHEREAS, the City of Irwindale Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past years; and
WHEREAS, the United States Department of Justice and the California Department of Justice have an Equitable Sharing Program that allows law enforcement agencies to share in federal forfeiture proceeds from property seized during these investigations; and WHEREAS, federal and state laws dictate that these funds must be utilized by the Police Department for investigations and operations related to asset forfeiture investigations and/or training and equipment related to official law enforcement duties; and WHEREAS, the Police Department has received an additional $94, 142.23 in federal asset forfeiture proceeds, which is ready for use by the Police Department in accordance with the requirements.

NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:

SECTION 1. Asset forfeiture funds obtained through the U.S. Department of Justice Equitable Sharing Program in the amount of $94, 142.23 is available to be appropriated.

SECTION 2. These funds shall be used in accordance with federal and state law for law enforcement training, computer hardware, computer software, mobile video computers, and in-carcamera system equipment.

SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 8th day of June, 2022.

Resolution No. 2022-60-3310

ATTEST:

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

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-60-3310 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 8th day of June, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-60-3310

18JCity Council
D Successor Agency
l8l Housing Authority
l8l Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022
lYtyef

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
Housing Authority Board
Reclamation Authority Board
From: Julian A. Miranda, City Manager/Executive Director CC, HA, RA Item 3A
Issue: Adoption of the Fiscal Year 2022-23 Budget and
Establishing the Appropriations Limit for Fiscal Year 2022-23 City Manager/Executive Director's Recommendation:

It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently to conduct the duly noticed public hearing on the proposed budgets.

Following conclusion of the public hearing, the City Council should introduce Ordinance No. 761, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2022-23 Budget, as listed below:

That the City Council introduce City Ordinance No. 761 entitled: "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023," reading by title only and waiving further reading thereof That the City Council adopt Resolution No. 2022-51-3301 entitled: "A RESOLUTION OF

CITY COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023"
That the Irwindale Housing Authority adopt Resolution No. HA 2022-11-121 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023"
That the Irwindale Reclamation Authority adopt Resolution No. RA 2022-02-029 entitled:
"A RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023"
Administrative Action:

Submitted by:

Kambiz Borhani, Finance Director/ City Treasurer
(626) 430-2221
01005.00071795253.1
/C:&/___·
'

Reviewed by:

Adrian R. Guerra, City Attorney/Agency Counsel Electronically Approved Kambiz Borhani, Finance Director/ City Treasurer
Approved by:

Julian A. Miranda, City Manager/Executive Director
Background and Analysis
In accordance with Section 901 of the Irwindale Charter, which requires that a proposed budget be submitted to the City Council at least 35 days prior to the beginning of each fiscal year, the City Council and Boards for the Housing Authority and Reclamation Authority (collectively referred to herein as "Boards") have been provided with the Proposed Budget for Fiscal Year (FY) 2022-2023. In addition, Section 901 requires the City Council to select a date and time for a public hearing on the proposed budget. Staff recommended the public hearing be set for its first reading on June 8, 2022, and second reading on June 22, 2022 at 6:30 p.m. or as soon thereafter as the matter may be heard.

Prior to the abovementioned Public Hearings, the City Manager/Executive Director and Finance Director held two budget workshops providing the City Council and Boards, as well as the Community with a presentation on the proposed requests, programs and activities. The City Council and Boards thoroughly reviewed the information presented, held detailed discussions with respective departments about their requests, and also provided an opportunity for interested person(s) to express their concerns regarding any or all items contained in the proposed budget.

Departmental requests and financial highlights of General Fund were as follows:

Budget Workshop #1
On May 9, 2022, Budget Workshop, the City Council and Boards were presented with the initial (FY) 2022-2023 Budget. The table below shows the preliminary budget summary for the General Fund:

Page2
Surplus I
General Fund Revenues Expenditures (Deficit)
'
Operating Budget $ 24,022,440 $(23,621,140) $ 401,300
Capital/One-Time Items 4,139,970 (86,000)1 4,053,970
Capital Projects Transfers - (4,542,770); (4,542,770)
American Rescue Plan Act - (126,000), (126,000)
Irwindale Community Foundation 32,870 (32,870)1 -
TOTAL $ 28,195,280 $ (28,408,780) I $ (213,500) . ..

Operating Budget Requests:

During the Budget Workshop, the City Council was also presented with all budget items requested by departments to be added to the FY 2022-2023 Budget.

Dept/Div
Housing
Housing
City Clerk
City Clerk
City Clerk
Operations Budget Requests
I
j Legal Ser.ices
·1Fuel
!
I
lkJenda Management Software I
I social Media Archi"ng 1 ..
!Adobe Sign Migration Related to Lasefiche
City Attorney [Legal Ser.ices· Manning Pitw/Five Points Econ. Dev.

Econ. Dev.

IT
IT
IT
IT
HR
Police Dept
Police Dept
I Memberships & Subscriptions· Costar
I Memberships & Subscriptions· MMASC
I Mobile De"ce Management Software
I council Chamber AudioMdeo Upgrades
lwreless Access Point Replacements
i I Office 365 License Subscription (25%) I
icALPELRA Training
!
! ;WatchGuard Server !
iVehicle ·One Patrol Car with required Safety Equipment '
01005.00071795253.1
General Fund
Ongoing One-Time
6,500
3,000
4,800
90 3,250
1,920
3,200 I
25,000 !
30,000 •
Mining
Impact
Fund
630
Housing
Fund
50,000
600
American
Rescue
Plan Act
10,000
1,600
21,000
3,600
8,000
75,000

General Fund Mining Housing American
Impact Rescue
Ongoing One~Time Fund Fund
DepUOiv Operations Budget Requests Plan Act
i
PW - Engineering jEnviornmenta! Compliance Software 6,000 PW- Engineering !NPDES - Internet Ser.Ace for Field Inspection 800 . ' Public Services jResidential Waste- Funding for Waste and Bins ' 200,000
Public Services !Mirna! Control i 11,000 i
' Public Services j Street Signage Supplies 4,400 i
Public Services !Training - General/Building Operator Certification i 2,500:

Public Services icPRS Conference 1,750:

Public Services
i i Public Notices 2,000
i
Public Services I Street Repair Supplies 2,150 i
Public Services !vehicle Purchase - Paint Truck Ford F-350 68,000 i 102,000 i, - Public Services !vehicle Purchase- ChevySilverado 18,000 ! 27,000 Public Services ; Contract Services - Rent Bus Service in Emergencies 2,500.

Senior Center I Billiards/Pool Table Maintenance 2,000
' Senior Center I Contracted Instructor - Sewing Class 3,525 i Senior Center !contracted lnstructor-Genti~ Mat Yoga 2,700: 3,200:

Senior Center !Contracted Instructor- Zumba Gold
' 2,925 i
Senior Center I Special Events - Valentines Dance 3,700 Senior Center I Contracted Instructor- Ceramic, Canvas, etc. 3,500 Senior Center [Certificate of Insurance- To Cover Events 6,000 ! ! Senior Center !Vehicle Maintenance (Honda Van 2014) 3,000 i -- -- I Senior Center I Special Events - New Year's Dance 1,000 i
Recreation ]_Special Events - Mariachi for week 5 2,200 I
Recreation !_Sound System 5,000
Recreation jfldditional Supplies 500
Recreation i Special Events - Sunset Cinema 3,500 i
Recreation I Special Events - Locks of Love 1,000
i
Recreation I Special Events - Scarecrow Alley 1,000
Recreation I Special Events - Jacko Lantern Walk 1,000 i Recreation I Special Events - Dia de Los M.Jertos Altar 500 Recreation I Special Events - Cookies and Milk with Santa 1,000:

Recreation I contracted Instructor- Yoga Classes (2nd Offering) 5,600' Recreation I Fitness Trainer 9,600:
'
Recreation lsn_owZone for Christmas Spectacular
I
5,000:

Pquatics !Training -CPRS & CArv'IS 4,000
Pquatics !Memberships & Subscriptions -CPRS 250 i
' Pquatics i-~uildin~ ~e~-~irs (Pool) 10,000 i
TOTAL $ 321,360 i $ 150,400 ! $ 12a,63o I $ 50,600 i $ 126,000 I
Page4
Irwindale Community Foundation
The following table lists budgetary items which was initially approved to be funded by Irwindale Community Foundation donations:

Irwindale Community Foundation
Dept/Div Operations Budget Requests Ongoing One-Time
Senior Center I Replace 2 donated Treadmills with 2 commercial grade Treadmills ' . 5,000
2,000
5,000
Senior Center I.Replace 25 Chairsfor exercie classes (Zumba & Yoga) Senior Center 13 Laptop computers to use for instruction classes '
Public Ser\Aces I Bus Pass Scan System
Public Serlices i2 Mobile & 4 Portable Radios for school buses Public Ser\Aces I Bus parking for beach trips and other events Library ! Internet data ser\Ace for hotspot devices
Library ITumblebook subscription for grades K-6
3,000
3,200
1,200
2,520
1,300
SUB-TOTAL: $23,220
Recreation j Pop up Canopy tents with ICF logo
Public Ser\Aces I Christmas lights for the front of City Hall Library
Library
I New Tables (8) and Chairs (40) for Learning Center
!Chromebook charging station
Capital Projects
TOTAL: $32,870
5,000
2,500
1,650
500
The following table lists the budget requests for City's Capital Improvement Projects:

Capital Projects
Recreation/Library Building Improvements
Irwindale Park Phase II
Irwindale Police Station
Residential Resurfacing Project- Phase II
Vincent Ave. Signalized Bicycle Crossing
Arrow Hwy & Live Oak (East) Intersection Traffic Safety SCWP Arrow Hwy Beautification Project
GF - General Fund
M IF - Mining Impact Fund
Funding
Source
GF
GF
GF

MIF /SRF

GF /MIF

GF /MIF
MeasureW
TOTAL
Capital I
One-Time
$1,400,000
2,300,000
630,000
600,000
60,000
80,000
302,890
$5,372,890
SRF - Special Revenue Funds which include Gas Tax, Prep C, Measures R & M, and TDA Article 3 01005.00071795253.1 Pages
Budget Workshop #2
On May 26, 2022, Budget Workshop, the City Council and Boards were presented with the below follow up items from Budget Workshop #1:

General Fund ARPA AQMD Irwindale
Communify
DepUDiv Operations Budget Requests Ongoing One-Time Fund Fund Foundation I ' ! I i '
Recreation !Gator™ UtilifyVehicle '
I ! 7,330 6,000 I
'
Recreation I Certified trainer courses for (5) employees 1 i 580 i 2,675 i I ' Recreation !Portable stage rental ! 23,500
Recreation I Additional pop up canopy tents with ICF logo i 3,500 ' Police Dept. jAdditional cost to patrol vehicle & required safefy equip. ' ' i ! 7,700 i I i
' I
!
i TOTAL !$ 5so I $ 33,5o5 ; $ 1,100 i $ s,ooo I $ 3,500 i ' ! I 1 • ' I ! '
Irwindale Community Foundation
The following table lists additional budgetary items which was approved to be funded by Irwindale Community Foundation donations:

RECREATION
Item
Special Events
Minor Special Events
Classes
Kindness Krew

AQUATICS
Item
Description
Mariachi for week #5, sound system and supplies for mariachi fest _ -~!'.'P~-~<?l_'l~_f()_r_~hristrn_iilli.~PE!ct"acu~ar
Red, White and You BBQ - Inflatables and activities
...................... Ongoing
7,700
_s,_~_o_
5,000
Sunset Cinema, Locks of Love, Scarecrow Alley, Jacko Lantern Walk, Dia de Los Muertos Alt03_~•_i::'.O_Cl~-~!!_s __ a_i_i~_r>,,1i_lk_ ~-i_t~-~-a_nta -~!-~(_) _ 24,000 1,000
_ Second yoga class. Tennis, Adult Fitness, Health_y Ufesty_le, Self Defense, Dog_ Obedience -~a-~~_ p_a_c_~<iS':!S,_J~:~~ _ ~~«:'.~~-r~~. y_~!J.~.tl~. ~~-~llt ~~ !:i()_m_el~s~ }_

TOTAL RECREATION
Description _o~~~ifl_f!
Annual Aquatics Expo Ice Cream Truck, Promotional Items, Decorations 2,000 _ 1~~~
5,000
i;t~-~-~ .. ~-l'i~-~~! -~i:'-~.!~u -~i~_nlc C?,ull~-~~f1_k_Lt;!~co_r,at_IC?.fl~!- S_tJ_p_p_l_!e_s" End of Summer Luau

SENIOR CENTER
Item
Biiiiard/Pooi Table
Classes - Exercise
Classes
Page6
Food, decoratlo_ns, entertainment, block of swimming
TOTAL AQUATICS 8,800
Description O~goi_ng _
f\epai_r billla_rd/pool tables 2,000
S_ewing__Cl_a_~S,· G_en_tl_e_IV!atYo~a_. Zum_ba __ G()l_d ________ !:J~.1:!i:? -ceramic-Pa1nt1ng: canvas·painilng;· creating Sreetlng cards, rock painting, and Wine bottle painting 3,500
_v_~l~fl!~l_l~_'_s __ f:_J_a,:i:c~,-~tJ~-~~r,_L~_a_~~--~-i;:ud<;~n_lfl~-~Ple_fl<'.i_e_nc:~ ~~-"-~-e~-~-N-~-~-:'!'.~~(S,_~~ry-~- 4,700 TOTAL SENIOR CENTER 19,350
TOTAL REQUESTS APPROVED~ @ May 24, 2022 MEETING $ 78,850 Of the $50,700 allocated to the Recreation Department, $9,600 is deducted (see below) for the previously budgeted contract Fitness Trainer. This program was part of the $24,000 appropriation approved by the City Council on May 26, 2022 (Attachment "A"), however the program was not identified as an expense request when the matter was presented to the Irwindale Community Foundation. At the Budget Workshop #2, held on May 26, 2022, the City Council approved fitness training for five City employees, eliminating the fitness trainer request. Staff will inform the Irwindale Community Foundation Board of this change at its next regularly scheduled meeting.

Additional Changes
The City Council also requested the following changes be made to the Budget:

General Fund
Dept/Div Operations Budget Requests Ongoing
Remove:

Recreation Fitness Trainer $ (9,600)
i !
Change Description:

Recreation Mariachi (4 weeks) & other (1 week paid by ICF) '
Senior Center Zumba Gold- ($65hr x 1 hour weeklyx45 weeks) at 6:00 PM ! !
City Staff will provide an update on the above additional changes seeking further direction from the City Council.

Fiscal Impact:

Ordinance No. 761 adopting the FY 2022-2023 Budget includes Exhibit A which lists the proposed revenue and expenditure budgets for all funds of the City, Housing Authority and Reclamation Authority.

The table below recaps the General Fund FY 2022-2023 Budget Summary:
01005.00071795253.1 Page 7
Surplus I
General Fund Revenues Expenditures (Deficit)
Operating Budget $ 24,022,440 $ (23,608,480) $ 413,960
Capital/One-Time Items 4,139,970 i (86,000) 4,053,970
Capital Projects Transfers - (4,542,770) (4,542,770)
American Rescue Plan Act - (133,700) (133,700)
Irwindale Community Foundation 105,620 . (105,620): -
TOTAL $ 28,268,030 i $ (28,476,570): $ (208,540) .

The FY 2022-2023 General Fund Operating Budget reflects an operating surplus of $413,960. However, the substantial One-Time and Capital Project budgets will cause an overall deficit of $489 thousand.

The General Fund Reserve balance is currently projected to be $26 million at the end of FY 2021-2022. Adoption of the proposed FY 2022-2023 Budget will reduce the fund balance by the $209 thousand deficit, resulting in a projected General Fund Reserve balance of $25.8 million as of June 30, 2023.

Resolution No. 2022-51-3301 will establish the City's Appropriations limit for FY 2022- 2023 in the amount of $13, 110,944,054.

Attachments:

Ordinance No. 761
Resolution No. 2022-51-3301
Resolution No. HA 2022-11-121
Resolution No. RA 2022-02-029
ORDINANCE NO. 761

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, a copy of the Proposed Budget for FY 2022-23 has been posted electronically with the City Council Agenda for public review and in the Office of the Deputy City Clerk; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider the proposed budget on June 8, 2022.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The budget for the City of Irwindale for Fiscal Year 2022-23, was prepared and submitted by the City Manager, and as modified by the City Council, is hereby approved and adopted. The operating and capital budget amounts are hereby authorized for the fiscal year within departments by fund, as listed on Exhibit A.

SECTION 3. From the effective date of said budget, the total amount as stated therein for each departmental activity account shall be appropriated subject to expenditure pursuant to all applicable ordinances of the City and statutes of the State.

The operating budget may be reallocated by the City Manager providing there is no change in the total appropriations within any funds as authorized by the City Council.

SECTION 4. At the close of the fiscal year, unexpended appropriations in the operating budget will be unencumbered as necessary to underwrite the expense of outstanding purchase commitments. Unexpended appropriations for authorized, but uncompleted projects may be carried forward to the next succeeding budget upon approval by the City Manager.

SECTION 5. Total appropriations within the funds will be increased only by amendment of the budget by resolution approved by the City Council.

SECTION 6. The City Manager may reduce expenditure appropriations within funds as a method of fiscal control, and the Director of Finance may decrease revenue estimates to reflect economic change during the fiscal period.

SECTION 7. The Director of Finance is hereby authorized to transfer monies in accordance with the interfund transfers listed in said budget, and to transfer monies to cover operational expenditures of the City through transfers of funds in such amounts, 01005.0007/795259.1 Ordinance No. 761

and at such times during the fiscal year as may be determined necessary to the competent operation and control of City business, or to provide adequate cash flow, except that no such transfer shall be made in contravention of State law or City ordinances.

SECTION 8. Adjustments made by the City Council during the budget hearing and documented in the minutes for this action will be incorporated with the final printed budget document. The City Manager is hereby authorized to approve any corrections in the budget document that are clerical in nature. Additionally, the City Council may amend the budget at any time by adoption of appropriate budget resolutions.

SECTION 9. The Chief Deputy City Clerk shall certify the passage of this Ordinance and shall cause the same to be posted in accordance with law.

PASSED, APPROVED, AND ADOPTED this 22nd day of June 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
Ordinance No. 761

Larry G. Burrola, Mayor
State of California }
County of Los Angeles } ss.

City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 761 was duly introduced at a regular City Council meeting held on the ath day of June 2022, and adopted at a regular meeting of the City Council held on the 22nd day of June 2022, by the following roll call vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, CMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 761, adopted by the City Council of the City of Irwindale at its regular meeting held June 22, 2022, to be posted at the City Hall, Library, and Post Office on June 22, 2022.

Laura M. Nieto, CMC
Deputy City Clerk
01005.0007/795259. 1
Dated: June 22, 2022
Ordinance No. 761

Exhibit A
City of Irwindale
FY 2022-2023
Budget Summary
Fund FY 2022-23 FY 2022-23 Surplus
No Fund Revenues Expenditures (Deficit)
FY 2022-23
General Fund
01 General Fund On-Going Budget $ 24,022,440 $ (23,608,480) $ 413,960 Capital/One-Time Items $ 4, 139,970 $ (86,000) $ 4,053,970 Capital Projects Transfers $ $ (4,542,770) $ (4,542,770) American Rescue Plan Act (ARPA) $ $ (133,700) $ (133,700) Irwindale Community Foundation (ICF) $ 105,620 $ (105,620) $ TOTAL GENERAL FUND $ 28,268,030 $ (28,476,570) $ (208,540) Irwindale Housing Authorit~ Fund
11 Irwindale Housing Authority $ 400 $ (7,330) $ (6,930) 12 IHA-Low/Mod Housing Asset Fund $ 25,000 $ (538,270) $ (513,270) TOTAL HOUSING AUTHORITY FUNDS $ 25,400 $ (545,600) $ (520,200) Mining lmgact Fund
13 Mining Impact On-Going Budget $ 4,475,000 $ (5,882,590) $ (1,407,590) Capital/One-Time Items $ $ (129,000) $ (129,000)
Capital Project Transfers $ $ (418,970) $ (418,970)
TOTAL MINING IMPACT FUND $ 4,475,000 $ (6,430,560) $ (1,955,560) Reclamation Authorit~
14 Reclamation Fund $ 62,260 $ (48,970) $ 13,290
19 Olive Pit Royalty Fund $ 2,000,500 $ (2,000,000) $ 500 TOTAL RECLAMATION AUTHORITY FUNDS $ 2,062,760 $ (2,048,970) $ 13,790 Grants & Sgecial Revenue Funds
15 AB939 Recycling Fund $ 261,000 $ (285,610) $ (24,610) 21 State Gas Tax Fund $ 80,020 $ (80,020) $
22 Air Quality Improvement Fund $ 1,700 $ (6,000) $ (4,300) 25 Proposition A Fund $ 35,200 $ (35,200) $
26 Proposition C Fund $ 29,160 $ (29, 160) $
27 Measure R Fund $ 21,870 $ (21,870) $
28 TDA Article 3 Fund $ 5,000 $ (5,000) $
29 Measure M Fund $ 24,780 $ (24,780) $
30 Measure W Fund $ 432,700 $ (432,700) $
32 Community Development Block Grant Fund $ 8,500 $ (8,500) $ TOTAL GRANT & SPECIAL REVENUE FUNDS $ 899,930 $ (928,840) $ (28,910) Assessment Districts
44 Street Light Assmt District-IBC Fund $ 15,370 $ (15,370) $ 45 Sewer Maintenance Assmt District-IBC Fund $ 120,780 $ (45,780) $ 75,000 TOTAL ASSESSMENT DISTRICT FUNDS $ 136,150 $ (61,150) $ 75,000 Ca12ital Projects Fund
47 Development Impact Fund $ 365,600 $ (365,600) $
48 Capital Projects Fund $ 5,372,890 $ (5,372,890) $
TOTAL CAPITAL PROJECT FUNDS $ 5,738,490 $ (5,738,490) $ TOTAL BUDGET-ALL FUNDS: $ 41,605,760 $ (44,230,180) $ (2,624,420) RESOLUTION NO. 2022-51-3301

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2022-2023
WHEREAS, Article XlllB of the California Constitution requires that each entity of government establish an appropriations limit each year; and WHEREAS, Article XlllB, as amended by Proposition 111, allows cities to annually increase the appropriations limit by two factors: (1) either the city population change or the population growth of the entire county and (2) either the change in California per capita income or the change in the local assessment roll due to non-residential construction; and WHEREAS, Article XlllB, as amended, further provides that the current year's appropriations limit for each city shall be the 1986-87 appropriations limit adjusted from that year forward by growth factors as provided by Proposition 111; and
WHEREAS, a city must select by a vote of the City Council the cost-of-living factors to compute its appropriations limit. The city may select either the percentage change in California per capita income or the percentage change in local assessment roll due to non-residential new construction, and either the city's own population growth or that of the county as the adjustment options;
NOW THEREFORE, be it resolved by the City Council of the City of Irwindale, California, as follows:

SECTION 1. That the percentage change in the Per Capita Personal Income Factor, and the population growth in the city are selected as the adjustment factors to compute the appropriations limit, as presented in Exhibit A.

SECTION 2. That the appropriations limit for Fiscal Year 2022-23 is determined to be $13, 110,944,054.

PASSED, APPROVED AND ADOPTED this 81h day of June 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
01005.00071795262.1
Larry G. Burrola, Mayor
Resolution No. 2022-51-3301

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. 2022-51-3301 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the ath day of June 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

Laura M. Nieto, CMC
Chief Deputy City Clerk
Resolution No. 2022-51-3301

"Exhibit A"

CITY OF IRWINDALE
FISCAL YEAR 2022-23
CALCULATION OF APPROPRIATIONS LIMIT FY 2022-23
A. Percentage Change in Per Capita Personal Income for State FY 22/23 Over Prior Year
B. Irwindale City Population Percentage Change 1/1/2021 - 1/1/2022 C. LA County Population Percentage Change 1/1/2021 -1/1/2022 D. % change in local assm't roll due to nonresidential construction 2021/2022 E. Per Capita Personal Income coverted to a factor
(A +100)/100 =
F. Irwindale City Population Change converted to a factor (B +100)/100 =
G. Change in local assmt roll due to nonresidential construction factor (D+100)/100=
H. LA County Population Change converted to a factor
(C+100)/100=
I. Calculation of Factor
Option1. ExF=
(Per Capita Personal Income Factor x Irwindale City Pop. Change factor) Option 2. E x H =
(Per Capita Personal Income Factor x LA County Pop. Change factor) J. Appropriation Limit for FY 22/23:

Option 1. FY 21/22 Appropriations Limit x Option 1 factor Option 2. FY 21/22 Appropriations Limit x Option 2 factor

7.5500 (a)

0.5400 (a)
(0.7100) (a)
(148.1100) (b)

1.0755

1.0054
NA

0.9929

1.08130770

1.06786395
13,110,944,054
12,947,937,489
(a) State of CA Dept of Finance, Demographic Unit, May 2022 Price & Population Information Repori. (b) Los Angeles County Assessors Office as reported by Hdl Coren & Cone, 2020-21 to 2021-22 Property Tax Reports.

T:\Budget\FY 22~23\Agendas & ResolutionsV\pprop Limit Cale FY22~23, Exhibit A RESOLUTION NO. HA 2022-11-121

A RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Irwindale Housing Authority received the Proposed Budget for FY 2022-23 ("Proposed Budget"); and
WHEREAS, a copy of the Proposed Budget for FY 2022-23 has been posted electronically with the Housing Authority Agenda for public review and in the Office of the Deputy City Clerk, and
WHEREAS, the Proposed Budget for the Irwindale Housing Authority is included as part of the FY 2022-23 Annual Budget document for the City of Irwindale, and will be reviewed by the Housing Authority Board during the joint meeting on June 8, 2022.

NOW, THEREFORE, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The Proposed Budget, on file in the Office of the City Clerk of the City of Irwindale, incorporated herein by reference, and attached hereto, is hereby adopted, as listed on Exhibit A.

SECTION 3. The Housing Authority Assistant Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 81h day of June 2022.

ATTEST:

Laura M. Nieto, CMC
Assistant Secretary
01005.00071795265.1
Larry G. Burrola, Chair
Resolution No. HA 2022-11-121

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Assistant Secretary of the Irwindale Housing Authority, do hereby certify that the foregoing Resolution No. HA 2022-11-121 was adopted at a regular meeting of the Irwindale Housing Authority held on June 8, 2022, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:

Resolution No. HA 2022-11-121

Laura M. Nieto, CMC
Assistant Secretary
Irwindale Housing Authority
Exhibit A
City of Irwindale
FY 2022-2023
Budget Summary
Fund FY 2022-23 FY 2022-23 Surplus
No Fund Revenues Expenditures (Deficit)
FY 2022-23
General Fund
01 General Fund On-Going Budget $ 24,022,440 $ (23,608,480) $ 413,960 Capital/One-Time Items $ 4,139,970 $ (86,000) $ 4,053,970 Capital Projects Transfers $ $ (4,542,770) $ (4,542,770) American Rescue Plan Act (ARPA) $ $ (133,700) $ (133,700) Irwindale Community Foundation (ICF) $ 105,620 $ (105,620) $ TOTAL GENERAL FUND $ 28,268,030 $ (28,476,570) $ (208,540) Irwindale Housing Authority: Fund
11 Irwindale Housing Authority $ 400 $ (7,330) $ (6,930) 12 IHA-Low/Mod Housing Asset Fund $ 25,000 $ (538,270) $ (513,270) TOTAL HOUSING AUTHORITY FUNDS $ 25,400 $ (545,600) $ (520,200) Mining lmg;act Fund
13 Mining Impact On-Going Budget $ 4,475,000 $ (5,882,590) $ (1,407,590) Capital/One-Time Items $ $ (129,000) $ (129,000)
Capital Project Transfers $ $ (418,970) $ (418,970)
TOTAL MINING IMPACT FUND $ 4,475,000 $ (6,430,560) $ (1,955,560) Reclamation Authority:
14 Reclamation Fund $ 62,260 $ (48,970) $ 13,290
19 Olive Pit Royalty Fund $ 2,000,500 $ (2,000,000) $ 500 TOTAL RECLAMATION AUTHORITY FUNDS $ 2,062,760 $ (2,048,970) $ 13,790 Grants & S12ecial Revenue Funds
15 AB939 Recycling Fund $ 261,000 $ (285,610) $ (24,610) 21 State Gas Tax Fund $ 80,Q20 $ (80,020) $
22 Air Quality Improvement Fund $ 1,700 $ (6,000) $ (4,300) 25 Proposition A Fund $ 35,200 $ (35,200) $
26 Proposition C Fund $ 29,160 $ (29, 160) $
27 Measure R Fund $ 21,870 $ (21,870) $
28 TDA Article 3 Fund $ 5,000 $ (5,000) $
29 Measure M Fund $ 24,780 $ (24,780) $
30 Measure W Fund $ 432,700 $ (432,700) $
32 Community Development Block Grant Fund $ 8,500 $ (8,500) $ TOTAL GRANT & SPECIAL REVENUE FUNDS $ 899,930 $ (928,840) $ (28,910) Assessment Districts
44 Street Light Assmt District-IBC Fund $ 15,370 $ (15,370) $ 45 Sewer Maintenance Assmt District-IBC Fund $ 120,780 $ (45,780) $ 75,000 TOTAL ASSESSMENT DISTRICT FUNDS $ 136,150 $ (61,150) $ 75,000 CaQital Projects Fund
47 Development Impact Fund $ 365,600 $ (365,600) $
48 Capital Projects Fund $ 5,372,890 $ (5,372,890) $
TOTAL CAPITAL PROJECT FUNDS $ 5,738,490 $ (5,738,490) $ TOTAL BUDGET -ALL FUNDS: $ 41,605,760 $ (44,230,180) $ (2,624,420) RESOLUTION NO. RA 2022-02-029

A RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Irwindale Reclamation Authority received the proposed budget for FY 2022-23 ("Proposed Budget"); and
WHEREAS, a copy of the Proposed Budget has been on file in the Office of the City Clerk and the Library for public review; and
WHEREAS, the Proposed Budget for the Irwindale Reclamation Authority is included as part of the FY 2022-23 Annual Budget document for the City of Irwindale, and will be reviewed by the Reclamation Authority Board during the joint meeting on June 8, 2022.

NOW, THEREFORE, THE BOARD OF THE IRWINDALE RECLAMATION
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The Proposed Budget, on file in the Office of the City Clerk of the City of Irwindale, incorporated herein by reference, and attached hereto, is hereby adopted, as listed on Exhibit A.

SECTION 3. The Reclamation Authority Acting Assistant Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 81h day of June 2022.

ATTEST:

Laura M. Nieto, CMC
Assistant Secretary
01005.0007/795264.1
Larry G. Burrola, Chair
Resolution No. RA 2022-02-029

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Assistant Secretary of the Irwindale Reclamation Authority, do hereby certify that the foregoing Resolution No. RA 2022-02-029 was adopted at a regular meeting of the Irwindale Reclamation Authority held on June 8, 2022, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:

Resolution No. RA 2022-02-029

Laura M. Nieto
Assistant Secretary
Irwindale Reclamation Authority
Exhibit A
City of Irwindale
FY 2022-2023
Budget Summary
Fund FY 2022-23 FY 2022-23 Surplus
No Fund Revenues Expenditures (Deficit)
FY 2022-23
General Fund
01 General Fund On-Going Budget $ 24,022,440 $ (23,608,480) $ 413,960 Capital/One-Time Items $ 4,139,970 $ (86,000) $ 4,053,970 Capital Projects Transfers $ $ (4,542,770) $ (4,542,770) American Rescue Plan Act (ARPA) $ $ (133,700) $ (133,700) Irwindale Community Foundation (ICF) $ 105,620 $ (105,620) $ TOTAL GENERAL FUND $ 28,268,030 $ (28,476,570) $ (208,540) Irwindale Housing Authoritll Fund
11 Irwindale Housing Authority $ 400 $ (7,330) $ (6,930) 12 IHA-Low/Mod Housing Asset Fund $ 25,000 $ (538,270) $ (513,270) TOTAL HOUSING AUTHORITY FUNDS $ 25,400 $ (545,600) $ (520,200) Mining lmg;act Fund
13 Mining Impact On-Going Budget $ 4,475,000 $ (5,882,590) $ (1,407,590) Capital/One-Time Items $ $ (129,000) $ (129,000)
Capital Project Transfers $ $ (418,970) $ (418,970)
TOTAL MINING IMPACT FUND $ 4,475,000 $ (6,430,560) $ (1,955,560) Reclamation Authoritll
14 Reclamation Fund $ 62,260 $ (48,970) $ 13,290
19 Olive Pit Royalty Fund $ 2,000,500 $ (2,000,000) $ 500 TOTAL RECLAMATION AUTHORITY FUNDS $ 2,062,760 $ (2,048,970) $ 13,790 Grants & S('!ecial Revenue Funds
15 AB939 Recycling Fund $ 261,000 $ (285,610) $ (24,610) 21 State Gas Tax Fund $ 80,020 $ (80,020) $
22 Air Quality Improvement Fund $ 1,700 $ (6,000) $ (4,300) 25 Proposition A Fund $ 35,200 $ (35,200) $
26 Proposition C Fund $ 29, 160 $ (29,160) $
27 Measure R Fund $ 21,870 $ (21,870) $
28 TDA Article 3 Fund $ 5,000 $ (5,000) $
29 Measure M Fund $ 24,780 $ (24,780) $
30 Measure W Fund $ 432,700 $ (432,700) $
32 Community Development Block Grant Fund $ 8,500 $ (8,500) $ TOTAL GRANT & SPECIAL REVENUE FUNDS $ 899,930 $ (928,840) $ (28,910) Assessment Districts
44 Street Light Assmt District-IBC Fund $ 15,370 $ (15,370) $ 45 Sewer Maintenance Assmt District-IBC Fund $ 120,780 $ (45,780) $ 75,000 TOTAL ASSESSMENT DISTRICT FUNDS $ 136,150 $ (61,150) $ 75,000 CaQ:ital Projects Fund
47 Development Impact Fund $ 365,600 $ (365,600) $
48 Capital Projects Fund $ 5,372,890 $ (5,372,890) $
TOTAL CAPITAL PROJECT FUNDS $ 5,738,490 $ (5, 738,490) $ TOTAL BUDGET· ALL FUNDS: $ 41,605,760 $ (44,230,180) $ (2,624,420) DCity Council
DSuccessor Agency
l!llHousing Authority
I HAl!em1B I
Cityef
IRWINDALE~------'
D Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022 ·

AGENDA REPORT
To: Honorable Chair and Members of the Housing Authority From: Julian Miranda, Executive Director
Issue: Consideration of Approval of Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 4612 Fraijo Avenue to Implement Equity Sharing Policy City Manager's Recommendation:
1) Approve Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land between Irwindale Housing Authority and Rudy Gallardo; and
2) Authorize the Executive Director to execute Amendment No. 1 subject to Authority Counsel approval as to form.

Prepared and Submitted by:

Robert J. Lee, Assistant Authority Counsel Electronically Approved Reviewed by:

Adrian Guerra, Authority Counsel Electronically Approved Kam biz Borhani, Finance Director I City Treasurer ~ ~, Approved by:

Julian Miranda, Executive Director

Background and Analysis:

Historically, the equity sharing practices of the Irwindale Housing Authority ("Authority") provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 of the 45-year affordable housing period. Accordingly, it was very difficult for affordable homeowners in the City of Irwindale to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of the Authority's affordable housing programs.

As part of the Substantial Rehabilitation Program, Rudy Gallardo ("Owner") and the former Irwindale Community Redevelopment Agency ("ICRA") entered into that certain Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land dated August 11, 2005 and recorded on April 23, 2007 as document no. 20070971173 ("Agreement"), whereby ICRA provided Owner a loan for the substantial rehabilitation of Owner's property located at 4612 Fraijo Avenue in exchange for Owner's promise to maintain the property as an affordable housing unit for a period of 45 years.

Specifically, Equity Sharing permits retention by owner/seller of a portion of excess sale proceeds based on the length of occupancy, after the agency loan is repaid. The amount of the excess sale proceeds is the difference between the sale price that is in excess of the affordable housing price of what is allowable under the an affordable housing agreement and the original purchase price of the home paid by the affordable homeowner. The Agreement's equity sharing provisions are triggered when there's been a "Prohibited Transfer" as defined in the Agreement; put another way, equity sharing is invoked when there's a sale of the home where the sale does not qualify as a "Permitted Transfer" under the Agreement. Permitted Transfers include but are not limited to the following:
(i) transfer by gift, devise, or inheritance to the Owner's spouse; (ii) transfer by devise or inheritance to the Owner's children; (iii) transfer of title by an Owner's death to a surviving joint tenant, tenant by entireties, or a surviving spouse of community property; and (iv) transfer of title to a spouse as part of divorce or dissolution proceedings or in conjunction with marriage.

On July 14, 2021, the Authority Board approved and adopted an equity sharing policy ("Policy") for the Authority's Substantial Rehabilitation and First Time Homebuyer affordable housing programs so that the percentage of the equity sharing appreciation amount retained by homeowners is now much larger than the amount allowed previously for those homeowners who elect to take advantage of the increased Policy benefits. The application of the Policy with regards to any homeowner who is part of the Authority's affordable housing programs requires a formal amendment to any affordable housing agreement's existing equity sharing provisions; the calculations for the new equity sharing differ under the Policy depending on whether the homeowner is under the First Time Homebuyer Program or Substantial Rehabilitation Program.

Now, Owner and the Authority (as successor to ICRA) desire to formally amend the Page2
Equity Shartng
4612 Fraijo Avenue
Agreement to incorporate the increased equity sharing benefits available to Owner under the Policy. However, it should be underscored that amending the Agreement in and of itself does not vest Owner with any equity sharing benefit conferred under the Policy other than to allow Owner to place himself in position to possibly retain a greater share of equity sharing appreciation in the event a "Prohibited Sale" should occur in the future. This Amendment No. 1 modifies the Agreement and is only a first step towards Owner availing himself of the increased benefits under the new Policy. The 45-year affordability covenant remains in place and there is no financial equity distribution at this time because there is no sale of the home.

Fiscal Impact:

Currently none, but if Owner sells the home and the equity sharing provisions are triggered, Authority will retain a smaller percentage of the equity sharing appreciation.

Attachment:
1: Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 4612 Fraijo Avenue to Implement Equity Sharing Policy.

Page3
Equtty Sharing
4612 Fraijo Avenue
Attachment "1"

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Irwindale Housing Authority
5050 North Irwindale Avenue
Irwindale, California 91706
Attention: Executive Director
Exempt from payment of a recording fee pursuant to Government Code Section 6103, AMENDMENT NO. 1
TO

AFFORDABLE HOUSING AGREEMENT, OPTION TO PURCHASE AND

DECLARATION OF COVENANTS RUNNING WITH LAND
(Substantial Rehabilitation Housing Improvement Loan)
THIS AMENDMENT NO. 1 TO THE AFFORDABLE HOUSING AGREEMENT,

OPTION TO PURCHASE AND DECLARATION OF COVENANTS RUNNING WITH LAND ("Amendment No. l ")by and between the IRWINDALE HOUSING AUTHORITY as housing successor to the former Irwindale Community Redevelopment Agency ("Authority") and RUDY GALLARDO ("Owner"), is entered into and made effective as of the __ day of ------~ 2022. Authority and Owner are sometimes referred to collectively as "Parties."

RECITALS
A. Owner and the former Irwindale Community Redevelopment Agency ("ICRA") entered into that certain AFFORDABLE HOUSING AGREEMENT, OPTION TO PURCHASE AND DECLARATION OF COVENANTS RUNNING WITH LAND dated August 11, 2005 and recorded on April 23, 2007 as document no. 20070971173 ("Agreement") whereby the ICRA agreed to provide Owner financial assistance in connection with the residential real property owned by Owner and located at 4612 Fraijo Avenue, Irwindale, California ("Property"). The Property is part of Authority's affordable housing program commonly referred to as the Substantial Rehabilitation Program.

B. On February 1, 2012, pursuant to Assembly Bill lx26 and Health and Safety Code Section 34170 et seq., the ICRA was effectively dissolved and the City of Irwindale ("City") became the Successor Agency to the ICRA.

C. On January 11, 2012, the City Council of the City of Irwindale adopted Resolution No. 2012-09-2548 and elected not to retain the housing :functions and assets of the ICRA, and affirmatively determined and confirmed that the Authority would retain the housing assets and functions of the ICRA.

D. On January 11, 2012, the Board of the Authority adopted Resolution No. 2012-01- 034 which accepted the housing assets and functions of the dissolved ICRA. The Authority thereby Amendment No. I
Substantial Rehab Loan
4612 Fraijo Avenue
is the housing successor agency to the ICRA, vested with all of the rights, powers, duties, assets, liabilities, and obligations of the housing activities of the ICRA.

E. As housing successor to the ICRA, the Authority assumed all of the ICRA's rights, powers, duties and obligations under the Agreement.

F. The Authority implements an affordable housing program through a Low and Moderate Income Housing Fund to assist persons and families of very low, low, and moderate income, as defined by Section 50093 of the California Health and Safety Code to rehabilitate residential property and to increase, improve and preserve very low, low and moderate-income housing available at affordable housing cost (as defined in Health and Safety Code Section 50052.5) within the territorial jurisdiction of the Authority in accordance with Housing Authorities Law (Health and Safety Code Section 34200, et seq.)
G. Pursuant to Health and Safety Code Section 33334.3 and as part of its affordable housing program, the Authority has established an equity sharing program allowing the sale of owner-occupied units prior to expiration of the 45-year affordability period established through an agreement between the Authority and affordable homeowner for a price in excess of the affordable housing price, so long as the Authority's investment of moneys from the Low and Moderate Income Housing Fund is protected, including through implementation of a schedule of equity sharing that permits the seller and the Authority to retain a portion of the sale proceeds based on length of occupancy prior to sale. ·
H. Historically, the equity sharing practices of the Authority provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 ofth:e 45-year affordable housing period. Accordingly, it was very difficult for affordable homeowners in the City to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of the Authority's affordable housing program.

I. On July 14, 2021, the Authority approved and adopted an equity sharing policy ("Policy") for the Authority's Substantial Rehabilitation and First Time Homebuyer affordable housing programs so that the percentage of the equity sharing appreciation amount retained by homeowners is now much larger than the amount allowed previously. The implementation of the policy requires a formal amendment to the Agreement.

J. The Parties now desire to formally amend the Agreement to incorporate the increased benefits available to Owner thereunder to be made effective retroactive to the effective date of the Agreement.

TERMS

1. Contract Changes. The Agreement is amended as provided herein (added text shown in bold, italics, underlined, deleted text shown m strikethroagh).

A. Section 8.2, "Shared Equity Appreciation," of the Agreement is hereby amended effective as of the effective date of the Agreement, to read in its entirety as follows:

Amendment No. 1
Substantial Rehab Loan
4612 Fraijo Avenue
Shared Equity Appreciation. In the event of a Prohibited Transfer during the Affordability Period, in addition to repayment of the balance of the Note Amount, Agency shall receive a share of the sales proceeds that ei<eeedthe value of the Pro]'lerty at the time of the l\geney Loan, of the difference between the sale price that is in excess of the Affordable Housing Cost and the purchase price of the Property paid bv the Owner, in order to recover funds for other low and moderate-income housing pursuant to the Housing Program and state law. The Agency's share of the increase in equity shall be determined based on the length of time the Property has been occupied by an Eligible Person or Family prior to the Prohibited Transfer, pursuant to the table below. The f.geasy's share of the eqmty ioorease 'Nill be lo·Nered ia the 6".'ent the Prohiei!ed Transfer is the result ofdivoree or doatb.
¥ea!' of Pl'ehillited Pe!'eent efE!!Hffi' IneFease
±l'llnsfe!' ,\ftel' :bean Retained by Owe-eF
¥elll'S othill' DiveFee
4l--M (}% (}%
16 18 i% 6-%
19 21 §-% 1).%
;i;i 24 1).% U%
;is 2'+ 13% 1-1%
;is 31) ±'+% U-%
31 33 ~ ~
34 36 ;ii).% J3-%
3'+ 39 4().% 44%
41) 42 69% .'73%
43 48 'l-0()% 'l-0()%
f,s ae- -Hlflle ee-ly:
• Vahle of Prn]'lerty at time ofloaa $150,000
• Value of Pro]'lerty at time of Prohibited Tuaasfer $250, GOO • fuerease ia eqmty $100,000
Amendment No. 1
Substantial Rehab Loan
4612 Fraijo Avenue
Death
(}%
1).%
!;!%
wx.
;!(}%
;!,4%
3ll!Xt
wx.
4'+-%
-'+&%
'l-0()%
• Year of Prohibited Traruifur after Lo au 20
• Amolfilt of Equity Inerease kept by Owner fi% X $100,000) $5,000 • f.cllieuat of Equity Inerease shared with !,gooey- (95% X $100,000) - $95,000 More specifically, the Agency Loan will be forgiven by 1120 on an annual basis (or 20 years a(ler which time the entire loan will be (orgiven. During that 20-year period, the equity sharing ratio ("ESR"I will be 10%, meaning the Agency will retain 10% o(the equity sharing appreciation amount (''ESAA ") and the homeowner will retain 90% o(tlte ESAA; thereafter, until expiration o(tlte 45-year period, the 10% ESR will decrease by 0.4% per annum. The Parties are to consult the Authority's Equity SltaringPolicv (or examples ofthe (oregoing.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. I, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.

3. Counterpart Execution. This Amendment No. 1 may be executed in any number of counterparts, each of which shall be deemed to be au original instrument and all of which together shall constitute a single agreement.

4. Recordation. This Amendment No. 1 shall be recorded as soon as practicable following its mutual execution by the Parties.

Amendment No. I
Substantial Rehab Loan
4612 Fraijo Avenue
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.
"AUTHORITY"

IRWINDALE HOUSING AUTHORITY,
a public body, as Housing Successor
to the Irwindale Community
Redevelopment Agency
Julian Miranda, Executive Director
ATTEST:

Laura M. Nieto, Authority Secretary
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, Authority Counsel
"OWNER"

RUDY GALLARDO
Rudy Gallardo
Amendment No. 1
Substantial Rehab Loan
4{112 Fraijo Avenue
A notary public or other ofiicer 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 ___________ )
On , before me, a Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, 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 of Notary
Amendment No. I
Substantial Rehab Loan
4612 Fraijo Avenue
( Afiix seal here)
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 ___________ )
On ____________ , before me, ______________ a Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, 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, execnted 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 of Notary
Amendment No. 1
Substantial Rehab Loan
4612 FraijoAvenue
(Affix seal here)
DCity Council
DSuccessor Agency
l:><1 Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: June 8, 2022
City of

IRWINDALE

AGENDA REPORT
HA Item 2A
To:

From:

Honorable Chair and Members of the Housing Authority
Julian A. Miranda, Executive Director
Issue: Equity Sharing Policy
Executive Director's Recommendation:

Receive summary of equity sharing policy and discuss.

Prepared and Submitted by:

Jamie Traxler, Assistant Authority Counsel Electronically Approved Reviewed by:

Adrian Guerra, Authority Counsel Electronically Approved Kambiz Borhani, Finance Director I City Treasurer Electronically Approved Approved by:

Julian A. Miranda, Executive Director Electronically Approved 01005.00131795285.1 Page 1
BACKGROUND:

At a recent meeting of the Housing Authority Board, it was requested that the Equity Sharing Policy be presented to the Board for discussion.

On June 3, 2021, the Authority Board approved a concept for modified equity sharing ratios under the Authority's Substantial Rehabilitation Program ("SRP") and First Time Homebuyer Program ("FTHP"). A formal policy was prepared by Authority Counsel consistent with the Board's action of June 3, 2021, and was approved by the Board on July 14, 2021. The July 14, 2021 Staff Report and Formal Equity Sharing Policy adopted by the Board are attached hereto as Exhibit "A".

This staff report provides a brief summary of the Equity Sharing Policy:

Equity sharing is triggered when an affordable homeowner sells their home before expiration of the full 45 year affordability period to a buyer who is either not qualified as an affordable homeowner or to an affordable homeowner for a price that is higher than allowed under the affordable housing laws. It should be underscored here that there must be a sale of the home in order for equity sharing to be triggered.

The Equity Sharing Policy did not modify when equity sharing is triggered, it only changed the formula of calculating equity sharing between the homeowner and the Authority. The Equity Sharing Policy was amended so that the percentage of the equity sharing appreciation amount ("ESAA") retained by homeowners would be much larger than the amount allowed previously. The ESAA is the difference between the sale price that is in excess of the affordable housing price of what is allowable under the Authority's Regulatory Agreement entered into with each affordable homeowner and the original purchase price of the home paid by the affordable homeowner.

FISCAL IMPACT:

None.

ATTACHMENT:

Exhibit A: July 14, 2021 Staff Report and Final Equity Sharing Policy

DCity Council
DSuccessor Agency
181 Housing Authority
D Reclamation Authority
DJoint Powers Authority
I HAltem1B I
Cityef .__ _________ _

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Chair and Members of the Housing Authority
William K. Tam, Executive Director
Issue: Equity Sharing Policy
Executive Director's Recommendation:

Approve Equity Sharing Policy for Substantial Rehabilitation and First Time Homebuyer programs.

Prepared and Submitted by:

Robert J. Lee, Assistant Authority Counsel Electronically Approved Reviewed by:

Adrian Guerra, Authority Counsel
Eva Carreon, Finance Director I City Treasurer
Approved by:

William K. Tam, Executive Director
01005.00131723501.1 Page1
BACKGROUND:

Historically, the equity sharing practices of the Irwindale Housing Authority ("Authority") provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 of the 45-year affordable housing period which, when compared against several other affordable housing programs within the State, was within the highest end of the spectrum. Accordingly, it was very difficult for affordable homeowners in the City of Irwindale to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of affordable housing programs, including the Authority's programs, throughout the State.

On June 3, 2021, the Authority Board approved a concept for modified equity sharing ratios under both the Substantial Rehabilitation Program ("SRP") and First Time Homebuyer Program ("FTHP") so that the percentage of the equity sharing appreciation amount ("ESAA") retained by homeowners is now much larger than the amount allowed previously. The ESAA is the difference between the sale price that is in excess of the affordable housing price of what is allowable under the Authority's Regulatory Agreement entered into with each affordable homeowner and the original purchase price of the home paid by the affordable homeowner. The Board also directed Authority Counsel to prepare a formal policy for approval, consistent with the Board's action of June 3, 2021. The attached Equity Sharing Policy has been prepared to implement such action.

The highlights of the Equity Sharing Policy for both the SRP and FTHP are provided below.

Substantial Rehabilitation Program:

For the SRP, the Authority loan will be forgiven by 1/20 on an annual basis for 20 years after which time the entire loan will be forgiven. During that 20-year period, the equity sharing ratio ("ESR") will be 10%, meaning the Authority will retain 10% of the ESAA and the homeowner will retain 90% of the ESAA; thereafter, until expiration of the 45-year period, the 10% ESR will decrease by 0.4% per annum.

First Time Homebuver Program:

For the FTHP, the Authority loan will be forgiven by 1/30 on an annual basis for 30 years after which time the entire loan will be forgiven. During that 30-year period, the ESR will be 15%, meaning the Authority will retain 15% of the ESAA and the homeowner will retain 85% of the ESAA; thereafter, until expiration of the 45-year period, the 15% ESR will decrease by 1% per annum.

It should be noted that the Equity Sharing Policy, once adopted, will become effective immediately upon Board approval. However, any homeowner seeking to avail himself or herself of the policy would need to formally amend his/her Regulatory Agreement in accordance with the new policy.

Page2
FISCAL IMPACT:

Unknown at this time.

ATTACHMENT:

Equity Sharing Policy
01005.00131723501.1 Page3

EQUITY SHARING POLICY
(SUBSTANTIAL REHABILITATION PROGRAM)
(FIRST TIME HOMEBUYER PROGRAM)
Adopted June 23, 2021
Section 33334.3 of the Health and Safety Code permits equity sharing programs to be ·established allowing sale of owner-occupied units prior to expiration of the 45-year affordability period established through a Regulatory Agreement entered into between an agency and affordable homeowner for a price in excess of the affordable housing price, so long as the agency's investment of moneys from the Low and Moderate Income Housing Fund is protected, including through implementation of a schedule of equity sharing that permits seller and the agency to retain a portion of sale proceeds based on length of occupancy prior to sale. This means that so long as the agency's loan or any current balance of the loan is paid back (including any interest), the agency's investment of moneys from the Low and Moderate Income Housing Fund is protected. Any excess monies collected from the sale retained by the agency are to be deposited in the Low and Moderate Income Housing Fund.

Historically, the equity sharing practices of the Irwindale Housing Authority ("Authority") provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 of the 45-year affordable housing period which, when compared against several other affordable housing programs within the State, was within the highest end of the spectrum. Accordingly, it was very difficult for affordable homeowners in the City of Irwindale to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of affordable housing programs, including the Authority's programs. throughout the State.

The Authority Board has now adopted and established equity sharing ratios under both the Substantial Rehabilitation Program ("SRP") and First Time Homebuyer Program ("FTHP") so that the percentage of the equity sharing appreciation amount ("ESAA") retained by homeowners is now much larger than the amount allowed previously. For purposes of this Equity Sharing Policy, ESM is the difference between the sale price that is in excess of the affordable housing price of what is allowable under the Regulatory Agreement and the original purchase price of the home paid by the affordable homeowner.

Substantial Rehabilitation Program Equity Sharing Ratio:

For the SRP, the Authority loan will be forgiven by 1/20 on an annual basis for 20 years after which time the entire loan will be forgiven. During that 20-year period, the equity sharing ratio ("ESR") will be 10%, meaning the Authority will retain 10% of the ESAA and the homeowner will retain 90% of the ESAA; thereafter, until expiration of the 45-year period, the 10% ESR will decrease by 0.4% per annum.

Ol005.0013m2373.1
First Time Homebuyer Program Equity Sharing Ratio:

For the FTHP, the Authority loan will be forgiven by 1/30 on an annual basis for 30 years after which time the entire loan will be forgiven. During that 30-year period, the ESR will be 15%, meaning the Authority will retain 15% of the ESAA and the homeowner will retain 85% of the ESAA; thereafter, until expiration of the 45-year period, the 15% ESR will decrease by 1% per annum.

Examples of how the foregoing operates follow below. An overarching assumption in the examples is that the loan term for the Authority loan will be 20 years under the SRP and 30 years for the FTHP, the latter being an attempt to align with the typical private 30-year loan obtained by homeowners in a standard purchase of a home.

Assumption for Example 1:

SRP (for sales within first 20 years} and FTHP (for sales within first 30 years):
• $500,000 (sale price) - $400,000 (original purchase price)= $100,000 (ESAA).

Assumption for Example 2:

SRP (for sales after first 20 years) and FTHP (for sales after first 30 years}:
• $600,000 (sale price) - $400,000 (original purchase price)= $200,000 (ESAA).

Substantial Rehabilitation Program Examples:

Loan Details:
• Loan period to be 20 years.
• Principal on the loan to be reduced by 5% (1/20) per annum during the 20-year period.
• The entire loan is forgiven after 20 years.

Equity Sharing Details:
• For the first 20 years of the loan, the ESR to be retained by the Authority is 10% of the ESAA.
• For years 21 through 45, the ESR will decrease by 0.4% per annum starting in year 21 until year 45 is reached.

Example 1: ·
• Assume ESAA of $100,000 and sale during year 5 of 45-year term. Under this assumption:
o The homeowner would need to repay the remaining balance of the Authority loan; and
01005.00!3n22373.1
o After applying a 10% ESR to the $100,000 ESAA, the amount of sale proceeds retained by the Authority will be $10,000 and the homeowner retains the remaining $90,000.

Example2:
• Assume ESAA of $200,000 and sale just after year 25 of 45-year term. Under this assumption:
o The Authority loan has been forgiven after 20 years. Therefore, the homeowner is not required to repay any portion of the loan. o After applying a 8% ESR (10% is reduced by 0.4% per year for 5 years resulting in an ESR of 8%) to the $200,000 ESAA, the amount of sale proceeds retained by the Authority is $16,000 and the homeowner retains the remaining $184,000.

First Time Homebuyer Program Examples:

Loan Details:
• Loan period to be 30 years.
• Principal on the loan to be reduced by 1/30 per annum during the 30-year period. • The entire loan is forgiven after 30 years.

Equity Sharing Details:
• For the first 30 years of the loan, the ESR to be retained by the Authority is 15% of the ESAA.
• For years 31through45, the ESR will decrease by 1% per annum starting in year 31 until year 45 is reached.

Example 1:
• Assume ESAA of $100,000 and sale during year 5 of 45-year term. Under this assumption:
o The homeowner would need to repay the remaining balance of the Authority loan; and
o After applying a 15% ESR to the $100,000 ESAA, the amount of sale proceeds retained by the Authority will be $15,000 and the homeowner retains the remaining $85,000.

Example2:
• Assume ESAA of $200,000 and sale just after year 35 of 45-year term. Under this assumption:
o The Authority loan has been forgiven after 30 years. Therefore, the homeowner is not required to repay any portion of the loan. 01oos.0013n22373,1
o After applying a 10% ESR ( 15% is reduced by 1 % per year for 5 years resulting in an ESR of 10%) to the $200,000 ESAA, the amount of sale proceeds retained by the Authority is $20,000 and the homeowner retains the remaining $180,000.
01005,00131722373.1
RA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
MARCH 9, 2022

WEDNESDAY
10:20 P.M.

The liwindale RECLAMATION AUTHORITY met in regular session at the above time and place.

ROLL CALL:

ANNOUNCEMENT

ASSISTANT

AUTHORITY

SECRETARY NIETO

SPONTANEOUS

COMMUNICATIONS

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
ITEM NO. 1B

INVESTMENT

Present: Board Members Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Chair Larry G. Burrola Also present: Julian A. Miranda, Executive Director; Adrian Guerra, Board Attorney; Theresa Olivares, Assistant Executive Director; Ty Henshaw, Police Chief; Arsanious Hanna, Director of Engineering I Building Official; Jeanette Duran, Interim Director of Finance I City Treasurer; Marilyn Simpson, Community Development Manager; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Works Services Manager; Jeff Wagner, Information Technology Manager; Iris Espino, Economic Development Coordinator; and Laura Nieto, Assistant Authority Secretary
Assistant Authority Secretary Nieto announced the following:
"As required by Government Code Section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting."
There were no speakers.

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

MINUTES
The following minutes were approved:
1) Regular meeting held September 8, 2021
2) Regular meeting held December 8, 2021
INVESTMENT QUARTERLY REPORT - DECEMBER 31, 2021
QUARTERLY REPORT - The Investment Quarterly Report for December 31, 2021, was DECEMBER 31, 2021 received and filed.

RECLAMATION AUTHORITY MINUTES

REGULAR MEETING
MARCH 9, 2022
PAGE2
ITEM NO. 1C 2022 1sr QUARTER MINING REPORT OF NINE (9) SMARA PITS 2022 1sr QUARTER
MINING REPORT OF The report was received and filed.

NINE (9) SMARA PITS

END OF CONSENT CALENDAR

NEW BUSINESS

PUBLIC HEARINGS

ADJOURNMENT
None.

None.

There being no further business to conduct, the meeting was adjourned at 10:22 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
DCity Council
DSuccessor Agency
D Housing Authority
IZIReclamation Authority
DJoint Powers Authority
Date: June 08, 2022
RA Item 18
Cityq/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Chairman and Members of the Irwindale Reclamation Authority Julian A. Miranda, Executive Director
Issue: 2022 Second Quarter Mining Report of Nine (9) SMARA Pits Executive Director's Recommendation:

That the Irwindale Reclamation Authority receive and file this report.

Administrative Action:

Submitted by:

Arsanious Hanna
Authority Engineer/Building Official
Prepared by:

Francisco Carrillo
Construction Compliance Manager
Phone: (626) 430-2251
Reviewed by:

Adrian R. Guerra, Authority Counsel
Kambiz Borhani
Electronically Approved
Authority Finance Director I
Authority Treasurer
Approved by:

Julian A. Miranda, Executive Director
Electronically Approved