Irwindale City Council
July 27, 2022

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

AMENDED
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
JULY 27, 2022
SPECIAL MEETING ‐ 5:00 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. 2022‐68‐3318
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
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
July 27, 2022

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

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

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

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

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

July 27, 2022

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

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

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

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

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

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

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

Irwindale City Council

July 27, 2022

*AMENDED*
SPECIAL MEETING– 5:00 P.M.

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
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 July 27, 2022 through August 26, 2022 (Joint City Council, Successor Agency and Housing Authority item)
Department:  Administration
Recommendation:    Staff  recommends  City  Council,  Successor  Agency,  and  Housing Authority  adopt  Resolution  No.  2022‐75‐3325,  Resolution  No.  SA  2022‐76‐3326,  and Resolution No. HA 2022‐15‐125, entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF  THE  CITY  OF  IRWINDALE,  SUCCESSOR  AGENCY  TO  THE  IRWINDALE  COMMUNITY REDEVELOPMENT  AGENCY,  AND  THE  BOARD  OF  THE  HOUSING  AUTHORITY,  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 JULY 27, 2022 THROUGH AUGUST 26, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361”.

2.  Irwindale  Housing  Authority  Guidelines,  Policies,  and  Procedures  for  Senior  Low  / Moderate Income Housing Apartment Rental Program (Housing Authority Item) Department:  Community Development
Recommendation:  Approve the revised Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program Las Casitas.

July 27, 2022

D.  REPORT FROM CLOSED SESSION – 6:15 PM SPECIAL MEETING ON JULY 13, 2022 CONFERENCE WITH LEGAL COUNSEL ‐ ANTICIPATED LITIGATION
California Government Code Section 54956.9(d)(2), (e)(1) E.  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
B)  Case Name: City of Irwindale As Successor Agency to the Irwindale Community Redevelopment Agency, et al. v. County of Los Angeles
Case Number: Ventura County Superior Court Case No. 56‐2015‐00464100‐CU‐WM‐ VTA

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

Property: Olive Pit (APN 8415‐001‐906, 908)
Agency negotiator: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
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 F.  RECONVENE IN OPEN SESSION
G.  REPORT FROM CLOSED SESSION
H.  ADJOURNMENT
*Special meeting agenda amended on Tuesday, July 26th to include item C2, which is highlighted and italicized.  Correction made on page 1 to reflect the special meeting start time of 5:00 p.m.

July 27, 2022

OPEN SESSION – 6:30 P.M.

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

1.  Introduction of Interim Chief Robert M. Castro
I.  PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS

1. Chamber of Commerce Business of the Month – The Print Spot

2.  Certificate of Recognition to Vincent Familiari
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
July 27, 2022

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
Recommendation:  Approve the following minutes:

1.  Special meeting held July 13, 2022

2.  Regular meeting held July 13, 2022

B.  Warrants/Demands/Payroll
Recommendation:  Approve
C.  Investment Quarterly Report for June 30, 2022
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for June 30, 2022.

D.  4th of July Community Events
Department:  Public Services
Recommendation:    Approve  the  4th  of  July  Community  Events  as  permanent  events provided by the Irwindale Recreation.

E.  Cancellation of the August 10, 2022 City Council Meeting Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐73‐3323 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, CANCELLING THE AUGUST 10, 2022 REGULAR CITY COUNCIL MEETING”.

F.  Rejection of Claim:  Maggie Guzman vs. City of Irwindale Department:  Administration

Recommendation:  (1)  Reject the claim of Maggie Guzman vs. City of Irwindale, and (2) direct staff to send a letter of rejection.

July 27, 2022

G.  Approve  a  Contract  with  California  Consulting,  Inc.  for  Grant  Writing  Management Services on a Month to Month, Retainer Basis
Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐72‐3322 entitled, “A RESOLUTION OF THE CITY  OF  IRWINDALE,  WAIVING  THE  FORMAL  BIDDING  REQUIREMENTS,  APPROVING  A PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA CONSULTING, INC. FOR GRANT WRITING MANAGEMENT SERVICES, AND APPROPRIATING MONIES FROM THE GENERAL FUND’S UNASSIGNED FUND BALANCE”.

H.  Deed Restriction Required for Prop 68 Grants
Department:  Public Services

Recommendation:  Authorize the City Clerk to record a deed restriction to the Alfred F.

Herrera  Memorial  Field  in  Irwindale  Park  as  part  of  the  installation  of  a  new  lighting system and the grant funding provided by Prop 68.

I.  A  Resolution  to  Extend  the  Existence  of  a  Local  Emergency  Regarding  the  COVID‐19 Pandemic
Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐74‐3324 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID‐19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44”.

J.  Amendment No. 2 to the Regional Food Recovery Program Memorandum of Agreement between the City of Irwindale and the San Gabriel Valley Council of Governments Department:  Public Services

Recommendation:  Adopt Resolution No. 2022‐79‐3329 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  APPROVING  AMENDMENT  NO.  2  TO  THE MEMORANDUM  OF  AGREEMENT  BETWEEN  THE  SAN  GABRIEL  VALLEY  COUNCIL  OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM, AND AUTHORIZING THE CITY MANAGER TO  EXECUTE  AMENDMENT  NO.  2  TO  THE  MEMORANDUM  OF  AGREEMENT  FOR  THE REGIONAL FOOD RECOVERY PROGRAM AS REQUIRED BY SENATE BILL 1383 (LARA) AND CALRECYCLE REGULATIONS”.

July 27, 2022

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

A.  Adopt  Resolution  No.  2022‐77‐3327  Appointing  a  Business  Member  to  the  Irwindale Community Foundation Board of Directors for Term ending June 30, 2024 Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐77‐3327 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPOINTING A MEMBER TO THE IRWINDALE  COMMUNITY  FOUNDATION  BOARD OF DIRECTORS  FOR  A TERM EXPIRING JUNE 30, 2024”.

B.  Adopt  Resolution  No.  2022‐78‐3328  Appointing  a  Voting  Delegate  for  2022  League  of California Cities Annual Conference – Annual Business Meeting Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐78‐3328 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  APPOINTING  A  VOTING  DELEGATE  AND ALTERNATE(S) FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE”.

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

4.   CITY MANAGER’S REPORT

5.  AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
A.  Survey  of  city‐owned  parking  lots  on  Morada  Street  (Requested  by  Mayor  Pro  Tem Ambriz)
B.  Surveying  along  Panattoni  property and Morada  Street  /  potential  Town Hall meeting (Requested by Councilmember Ortiz)

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
July 27, 2022

A.  Minutes
Recommendation:  Approve the following minutes:

1.  Special meeting held July 13, 2022

2.  Regular meeting held July 13, 2022
B.  Warrants
None for approval
C.  Investment Quarterly Report for June 30, 2022
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for June 30, 2022.

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

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

4.  ADJOURN

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:

1.  Special meeting held July 13, 2022

2.  Regular meeting held July 13, 2022
B.  Investment Quarterly Report for June 30, 2022
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for June 30, 2022.

C.  Consideration of Approval – Subordination of Home Purchase Loan at 15850 Juarez Street Department:  Community Development
July 27, 2022

Recommendation: (1) Approve the request by Iris E. Espino for the Housing Authority to subordinate  its  loan  to  a  new  loan  made  in  a  refinancing,  subject  to  all  conditions established by the Irwindale Housing Authority’s Subordination Policy; and (2) Authorize the  Executive  Director  to  execute  the  Subordination  Agreement  subject  to  Authority Counsel approval as to form, along with other ancillary documents to further protect the Housing Authority, as presented with this Agenda Report.

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

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

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

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
IZJCity Council
IZl Successor Agency
ISi Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 27, 2022
Cityo/

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
ASP Item C-1
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing 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 July 27, 2022 through August 26, 2022 City Manager/Executive Director's Recommendation:

Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2022-75-3325, Resolution No. SA 2022-76-3326, and Resolution No.

HA 2022-15-125, entitled, "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, AND THE BOARD OF THE IRWINDALE HOUSING

AUTHORITY, 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 JULY 27, 2022 THROUGH AUGUST 26, 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:
lectronically Approved
Electronically Approved
Julian A. Miranda, City Manager I Executive Director Electronically Approved 01005.0001/806011.1 Page 1
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. Various remaining orders that were previously set to expire on June 30, 2022, were extended on June 17, 2022 for the duration of the state of emergency. The State's declared emergency continues to be in effect. 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 declare an exemption under AB 361 as (1) there is an existing state of emergency declared by the Governor and (2) the Los Angeles County Department of Public Health's guidance recommends to social distance (about 6 feet away) from people outside your household or when vaccination status is unknown.

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

a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allows 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 as normally required under the Brown Act (California Government Code 54950 et seq.) and 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 July 27, 2022 through August 26, 2022 is estimated to be approximately $900.

Attachment:

1. Joint Resolution No. 2022-75-3325, Resolution No. SA 2022-76-3326, Resolution No.

HA 2022-15-125
01005.0001/806011.1 Page3
RESOLUTION NO. 2022-75-3325
RESOLUTION NO. SA 2022-76-3326
RESOLUTION NO. HA 2022-15-125

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

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE IRWINDALE HOUSING AUTHORITY, RERATIFYING 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 JULY 27, 2022 THROUGH AUGUST 26, 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 01005.0001/806012.1
Resolution No. 2022-75-3325
Resolution No. SA 2022-76-3326
Resolution No. HA 2022-15-125

to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting 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. 2022-75-3325
Resolution No. SA 2022-76-3326
Resolution No. HA2022-15-125

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), May 11, 2022 Uoint Resolution No. 2022-45-3295, SA Resolution No. 2022-46-3296 and Resolution No. HA 2022-10-120), June 8, 2022 Uoint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123, and Resolution No.

RA 2022-06-033); July 13, 2022 (Resolution No. 2022-68-3318, Resolution No. SA 2022- 69-3319 and Resolution No. HA 2022-14-124) 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 IRWINDALE HOUSING AUTHORITY BOARD, 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. 01005.0001/806012.1
Resolution No. 2022-75-3325
Resolution No. SA 2022-76-3326
Resolution No. HA 2022-15-125

SECTION 3. The City Council, Successor Agency Board, and Housing Authority Board hereby find that the state of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, and Housing Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council Successor Agency Board, and Housing Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, 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, allows 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 as normally required under the Brown Act (California Government Code 54950 et seq.)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 inResolution No. 2022-75-3325 Resolution No. SA 2022-76-3326
Resolution No. HA2022-15-125

person shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

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 July 27, 2022 and shall be effective until the earlier of (i) August 26, 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 27th day of July 2022. 01005.0001/806012.1
Resolution No. 2022-75-3325
Resolution No. SA 2022-76-3326
Resolution No. HA2022-15-125

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
Resolution No. 2022-75-3325
Resolution No. SA 2022-76-3326
Resolution No. HA 2022-15-125

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 joint Resolution No. 2022-75-3325, Resolution No. SA 2022-76-3326, and Resolution No. HA 2022-15- 125 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 27th day of July 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
01005.0001/806012.1
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Resolution No. SA 2022-76-3326
Resolution No. HA 2022-15-125

Assembly Bill No. 361
CHAPTER165
Ao act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 1113 3 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor Septeinber 16, 2021. Filed with
Secretary of State September 16, 2021, J

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

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

Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility require1nents are met, the public 1nembers are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch.165 -2-
resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 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 manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

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

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

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

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

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

SECTION I. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5- Ch.165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (I) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(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 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 tirneframes 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 co1nment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
( f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
( c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7- Ch.165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(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 communication available at the time. Advertising the means of public observation and comment using the most rapid means of conunuuication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch.165 -8-
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (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 otherwise applicable requirements ofthis 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 reco1nmendation for a final action on the salaries, salary schedules, or compensation paid in the fonn of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3 511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the reco1nmendation.
92 -9- Ch.165
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference nmnber, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near tbe 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 ( cmnmencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory c01nmittee has 12 or more members. ( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of 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 public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public 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 hy 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 connnent, 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. 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 (I), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article I (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January I, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Goverument Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch.165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, 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.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territ01y 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 92 -13- Ch.165

2.2 (commencing with Section I 340J of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
( e J (I J A local agency may use teleconferencing without complying with the requirements of paragraph (3J of subdivision (bJ ifthe legislative body complies with the requirements of paragraph (2J of this subdivision in any of the following circumstances:
(AJ 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.
(BJ 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.
(CJ 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.
(2J 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.
(BJ 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.
(CJ 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 ite1ns during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(EJ The legislative body shall not require public cmmnents 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 connnent period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or reco1nmended 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 I (commencing with Section 8550) of Chapter 7 of Division I of Title 2).
(t) This section shall remain in effect only until January I, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 -15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject 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 sha]] 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 frnal.
(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 frnal action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the fonn of fringe benefits of a local agency executive, as defrned in subdivision ( d) of Section 3 511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, 92 Ch.165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when 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 colilfllittee to a county-sponsored health plan licensed pursuaut to Chapter

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

SEC. 4.1. Section 54953 is added to the Goverument 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 of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body ofa local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the paiiies 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 fue public. During fue teleconference, at least a quorum of fue members of the legislative body shall participate from locations within fue boundaries of fue territory over which 1he local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of fue public to address fue legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For fue purposes offuis section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, counected by electronic means, furough either audio or video, or bofu.

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, whefuer preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on 1hat 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 fue public's right under fue 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 fue recommendation.
( d) ( 1) Notwithstanding fue provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa healfu aufuority conducts a teleconference meeting, members who are outside the jurisdiction of fue authority may be counted toward the establishment of a quorum when participating in fue teleconference if at least 50 percent of the number of members that would establish a quorum are present within fue boundaries of the territory over which the authority exercises jurisdiction, and fue healfu authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in fue meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nofuing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site wifuin the jurisdiction of fue aufuority or from using teleconference locations wifuin or near the jurisdiction of the aufuority. A teleconference meeting for which a quomm is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health aufuority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 offue Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuant to Article 1 ( coruruencing 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 coruruittee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (coruruencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory coruruittee 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 Govermnent Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Govermnent Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the GovermnentCode, 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 Legislatnre in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

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

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

SEC. 8. (a) The Legislatnre finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 ( coruruencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Govermnent Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares that Section I 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 irmnediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92
DCity Council
DSuccessor Agency
IZl Housing Authority
D Reclamation Authority
O Joint Powers Authority
Date: July 27, 2022
City if
IR\VINDALE

AGENDA REPORT
ASP Item C-2
To:

From:

Honorable Chair and Members of the Housing Authority Board Julian A. Miranda, Executive Director
Issue: Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program
City Manager's Recommendation:

Approve the revised Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program Las Casitas.

Administrative Action:

Prepared by:

Jamie Traxler, Assistant General Counsel
Submitted by:

Marilyn Simpson, Community Development Director
(626) 430-2209
Reviewed by:

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

Julian A. Miranda, Executive Director
Background and Analysis:

Electronically Approved
Electronically Approvea
As requested by the Irwindale Housing Authority ("IHA") Board ("Board") at the meeting of July 21, 2022, this matter is placed on the agenda for the Board to approve the final changes to the IHA Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (Guidelines).

The attached Redline Version and Final Version of the Guidelines encompass the following summarized changes:
• Procedures for maintaining a waiting list
• Gives Veterans a priority rating of 1 for the Second Priority Category • Adds a priority rating of 1 for people who are Homeless or Displaced for the Third Priority Category
• Adds a definition for Displaced and Homeless; A person who is displaced is tantamount to a person who is homeless.
• Reduces Category A Continuous Resident Priority from 15 years to 5 years for the Final Priority Category.

It is therefore recommended that the Board approve the July 27, 2022 revised Guidelines.

Fiscal Impact:

None
Attachment2:

1. Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (Revised: July 27, 2022 - Redline Version

2. Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (Revised: July 27, 2022 - Final Version

Attachment 1

IRWINDALE HOUSING AUTHORITY

GUIDELINES, POLICIES AND

PROCEDURES FOR

SENIOR LOW/MODERATE INCOME

HOUSING APARTMENT RENTAL

PROGRAM
Redline version
Adopted by the:

Irwindale Housing Authority
Approved: March 9, 2011
Revised: May 26, 2021
Revised: November 10, 2021
Revised: July 21, 2022
-1-

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

SECTION 2. PROGRAM GUIDELINES, POLICIES AND PROCEDURES
A. Definitions
Redline version

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

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

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

4. Continuous Resident
A "Continuous. Resident(s)" shall be placed in two (2) subcategories thereof: Those persons/families continuously residing in Irwindale siflee-for at least si_fifteen five (-l-5) year period immediately preceding the Application Deadline shall be identified as "Category A" Continuous Resident. Those persons/families continuously residing in Irwindale for at least thirty-six (3 6) months but establishing residence on or after fifteen ( 15) year period immediately preceding the Application Deadline shall be identified as "Category B 11 Continuous Resident.

5. Disabled Family
(a) Any person or his/her family member who has a disability or handicap recognized under the Americans with Disabilities Act of 1990, as amended, which includes:
-2-
Redline version
(i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; . (ii) a record of such an impairment; or
(iii) being regarded as having such an impairment ( 42 U.S.C. §12102.)
(b) A handicap does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. (24 C.F.R. § 100.201) As used in this definition:
( c) "Physical or mental impairment" includes:
(i) Any physiological disorder or condition, cosmetic;
disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs, cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, · heart disease, diabetes, Human Immunodeficiency Virus
infection, mental retardation, emotional illness, drug
addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
(d) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
( e) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical . impairment that substantially limits one or more major life activities. (f) "Is regarded as having an impairment" means:
(i) Has a physical or mental impai1ment that does not
substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; -3-
Redline version
(ii) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or
(iii) Has none of the impairments defined in paragraph (i) of this definition but is treated by another person as having such an impairment.

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

6. Displaced
A person that moves from a place of real property, or removes their personal property from the place of real property, permanently, as a direct result of the acquisition, rehabilitation or demolition of such real property, in whole or in part by public or private action.

6.7. Former Resident
Persons who previously resided within Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately preceding the Application Deadline, but who do not currently reside in Irwindale, shall be considered to be Former Residents.
+.L_Handicapped Person
A person having a disability or handicap, which (a) is expected to be oflong continued and indefinite duration, (b) substantially impedes the person's ability to live independently, and ( c) is of such a nature that such ability could not be improved by more suitable housing. Any. member of a family who is handicapped qualifies that family as a Disabled Family, (See:
"Disabled Family".)

9. Homeless
(a)
A person who is homeless is:

An individual lacking a primary nighttime, fixed, regular, and adequate residence fit for human habitation and who is currently residing in a public or private pace not meant for human habitation within the jurisdictional boundaries of Irwindale; or
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Redline version
(b) An individual at imminent risk of homelessness within the jurisdictional boundaries of Irwindale who:

Ci) has not had a lease, ownership interest, or occupancy agreement for permanent housing during the 90 days prior to the submission of the Application;
(ii) has not identified or obtained any other subsequent or permanent residence; and
(iii) during the same 90-day period prior to submission of the Application lacked the financial resow-ces needed to obtain other permanent housing based on the Affordable Rent
requirements as set forth in the Disposition and
Development Agreement and Regulatory Agreement by and
between the Irwindale Housing Authority and the
Northridge Group, Inc.
(c) An Applicant may qualify for the homeless preference by providing either of the following documentation:

Ci) A notarized affidavit signed under penalty of perjury by the Applicant and one reference familiar with the Applicant's situation certifying that the Applicant is homeless or at imminent risk of homelessness within the jurisdictional boundaries of Irwindale, that no pennanent or subsequent residence has been identified or obtained, and that within the 90-day period prior to submitting the Application, the
individual lacked the financial resources needed to obtain other permanent housing;
(ii) Written confirmation by a third-party non-profit
organization or any public service agency or outreach
program certifying that the Applicant is homeless or at imminent risk of homelessness within the jurisdictional boundaries of Irwindale; or
(iii) A notice of eviction or a court order resulting from an eviction for an address located within the jurisdictional boundaries of Irwindale.
(d) An applicant who wishes to qualify as homeless must provide corresponding bank statements and tax returns (if applicable) necessary to verify income and lack of financial resources for the 90-days prior to application submittal.

S.!!h__Immediate Family Member
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B.

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

9.-.!!.:__Income Qualification Criteria
Extremely low, very low, low and moderate income qualification criteria shall be as set forth in Exhibit "A" hereto, which may be amended from time to time without formal action by the Authority or CRA to be consistent with state laws and regulations (Subchapter 2 of Chapter 6.5 of Division 1 of Title 25, California Code of Regulations; see also: California Health and Safety Code§§ 50106, 50105, 50079.5 and 50093.)
1-0.12. Interrupted Resident
Any person (or family) who resided in Irwindale for at least thi1iy-six (36) consecutive months within the fifteen (15) year period immediately . preceding the Application Deadline, moved away for a period of time, but has reestablished a bona fide residence within the City limits of Irwindale for at least one year prior to the Application Deadline shall be considered to be an Inten-upted Resident.
-l-hl3. Non-resident
Any person (or family) who is not now and has not been a resident of Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately preceding the Application Deadline. !b14. Renter
An applicant successfully completing the application process and renting an apartment hereunder.

A Senior is a person who is at least sixty-two (62) years of age or older. -14.16. Shared Renter
Persons sharing rental accommodations with unrelated persons. 1-S.-17. Veteran
Any person who has been honorably discharged from one of the military services of the United States shall be considered a Veteran.

Eligibility Criteria
-6-
Since the Senior Apartment Rental Program is an apartment rental program, there are two (2) primary criteria which must be met to determine eligibility:

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

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

C. Priorities
Eligible applications from persons/families meeting basic income (extremely low, very low, low or moderate income) criteria, shall be processed based upon the following priority schedule and the application procedures in Section 2.D. The following priorities are used to establish the order of placement on the waiting list:

1. First Priority Criteria
(a) Extremely low income persons/family - nine (9) apartment units [subject to modification]
(b) Very low income persons/family - six (6) apartment units [subject to modification]
(c) Low income persons/families - five (5) apartment units [subject to modification]
( d) Moderate income persons/families - five (5) apartment units [subject to modification]
A primary goal of the Authority is to create, to the extent feasible, sufficient new rental units to meet the projected needs oflrwindale Seniors. Accordingly, and notwithstanding the initial allocations established in § 2. C. 1, above, pertaining to the number of units allocated among the income categories, the Authority reserves the right to reallocate the final number of units specified for each income category, if deemed necessary and appropriate, to meet the quantified needs of Irwindale Seniors.

2. Second Priority Criteria
(a) Disabled Family or Veteran Priority 1
(b) None of the aboveVeteran Priority 2
None of the above Priority 3

3. Third Priority Criteria
(a) Persons who are Homeless or Displaced
Redline version -7-
faj{QLShared Renter for longer than one (1) year prior to Application - Priority 1.
f91(£LShared Renter for less than (1) year prior to Application - Priority 2. fej@LPersons residing in rental accommodations (single/married) for longer than one (1) year prior to Application - Priority 3.

W~Perso s residing in rental accommodations (single/married) for less than one (1) year prior to Application - Priority 4.

Eej.ill_Persons owning residence or other residential real property - Priority

5. ft){g)_None of the above - Priority 6.

4. Final Priority Criteria
(a) Category A Continuous Irwindale Resident - Priority 1 (b) Category B Continuous Resident - Priority 2
( c) Interrupted Resident - Priority 3
(d) Former Resident - Priority 4
(e) Immediate Family Member - Priority 5
(f) None of the above - Priority 6
D. Application Procedure
Redline version

1. Applications
(a)
(b)
Upon commencement of the application process, interested persons will be required to complete and sign an Application. As a material part of the Application, interested persons will be required to execute an authorization and waiver form for release of info1mation from persons, firms, public entities and others who may retain data necessary for a complete analysis of the Application. Data needed will include name, address, telephone number, family composition and ages, declaration of income and assets, declaration of outstanding financial obligations, veteran status, declaration of physical status (with appropriate medical confirmation), declaration of home ownership status. (See:§ 2.D.l(i).). Appropriate assistance in completing the Application will be provided to interested persons, if requested.

Applications shall be submitted for review and screening. -8-
( c) Applications will then be assigned to the appropriate First Priority classification under § 2.C.1.
( d) Within each primary eligibility classification (or priority), the Applications will be further prioritized according to the Second Priority Criteria set forth in § 2.C.2, above.
(e) Applications will be further prioritized with each category by the Third Priority Criteria set forth in§ 2.C.3, above.
(f) Applications will be finally prioritized within each classification by the Final Eligibility Criteria set forth in § 2.C.4.
(g) Within the numerical allotments provided by the First Eligibility Criteria(§ 2.C.1), the final order of priority will be established by adding the numerical priority rating assigned to each Application.

The Applications will be ranked, in order of descending priority, with the smallest total number assigned being the highest priority.

For example, an Applicant who is a Displaced Person (Priority 1), Shared Renter (Priority 1) and a Continuous Resident (Priority 1) will have a total Priority Rating of 3 and would be ranked higher than a person who is a "none of the above" (Priority 4), Property Owner (Priority 5) and an Immediate Family Member (Priority 5) with a total Priority Rating of 13.
(h) The Executive Director shall be vested with the authority to make the final determination of priority ratings which will be presented to the Board for informational purposes only. In the event a tie occurs between two (2) or more Applicants, the total Priority Rating rank order will be assigned by chronological order based on the time stamp of receipt by the Authority on the Applicant's complete Application. by a random blind dra·11ing publicly conducted by the Board dur.ng a duly noticed Board meeting.
(i) The Authority staff will verify the following data:
(i) name and address
(ii) residence requirement
(iii) employment
(iv) mcome
(v) existing equity/assets (if applicable)
(vi) credit history
Redline version -9-
(vii) property ownership
U) Documentation necessary to verify income, age, handicap (disability), and residency requirements shall be submitted with application documents and may include, but is not limited to: birth certificates, current pay check stubs, income tax returns, employment/salary verification, bank statements for all checking and/or savings accounts, telephone records and utility records, hospital admittance records, medica~ care records, and records of educational institutions and public agencies as the same are relevant to matters pertaining to verification of information submitted. (k) If Authority staff is unable to verify necessary info1mation through Documentation as described in Section (D)(l)U) herein, Authority staff may request and accept a submitted affidavit signed under penalty of perjury to verify any such required information. (1) All data submitted shall be verified as true and correct under penalty of perjury of the laws of the State of California. Failure to so verify shall result in application rejection.
(m) Ineligible Applicants shall be notified, in writing, with a statement indicating why the Applicant has been denied and advising the Applicant of his or her right to appeal the determination in writing within ten (10) days of the letter of denial. Appeals will be heard by the Authority Board and the Authority Board's determination shall be final.
(n) Eligible Applicants shaY-will be notified andbe placed on a waiting list in order of p1i ority. The waiting list will be maintained by the Authority for one year, and may be opened or closed upon the discretion of the Authority. The waiting list may be purged by mailing a notice to all Applicants requesting current information and confomation of continued interest in the program. Applicants who fail to respond within thirty (30) calendar days will be removed from the waiting list.
(o) Applicants will be awarded a unit based upon availability and priority ranking. Applicants who are awarded a unit may be required to re-certify information at the time of award to ensure that the information submitted to the Authority is accurate and current.

Applicants who are awarded a unit will be mailed the necessary rental agreement documents to begin processing the rental application. The Authority will provide such assistance as may be necessary to ensure timely and complete submissions.

Redline version -10-
Redline version
mailed the necessary rental agreement documents to begin processing the rental application. The Authority will provide such assistance as may be necessary to ensure timely and complete submissions.

2. Insufficient Eligible Applications
(a) If there are insufficient eligible Applicants during the first thirty (30) days of the Application Deadline, the Board may authorize additional time for further applications which will be processed in accordance with the procedures set forth in § 2.D.1, above. (b) Priority for Applicants shall be strictly maintained in accordance with the waiting list for the application period during which submittal occurred. Additional Applicants authorized by the Board after the first thi11y (30) days shall not be included with the first group of Applicants.
( c) Once rental agreement documents have been approved, then a move-in date will be established.

3. Hearing Procedures
(a) Matters Subject to a Hearing. The following matters shall be subject to a hearing under these guidelines:
(b)
(i) Appeals by an Applicant whom has been deemed ineligible for the housing Program;
(ii) Revocation or Termination of any housing award given under this housing program due to improper determinations of Applicant eligibility including:
(A) Failure to provide accurate statements of all
information requested in the application, including,
but not limited to, address, residency, income, assets, expenses, and family composition at the time of the
application such that, the Applicant was ineligible
for the housing program at the time of the award;
(B) Housing awards that are inconsistent with, or not
authorized by, policy.

Notice Requirements. Irwindale Housing Authority staff is authorized and shall provide an Applicant a minimum ten (10) calendar days written notice of a hearing scheduled to take place under these Guidelines. Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered or action to be -11-
taken by the Irwindale Housing Authority, and a general description of the location of the real property, if any, that is the subject of the hearing.

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

The hearing shall be open to public observation and nothing herein shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Hearing Panel. (i) The Irwindale Housing Authority shall make available a copy of these governing procedures to the Applicant whom the action is directed.
(ii) Each party shall have the opportunity to provide testimony and evidence in support of his or her case. The evidentiary record submitted by the parties shall be accepted by the Hearing Panel as prima facie evidence of the respective facts contained in therein. Any document or evidence not
submitted at the hearing may not be relied upon by the
Hearing Panel in rendering a decision. The Hearing Panel may only consider evidence that is made part of the record at the hearing and relevant to the issues raised in the notice and may disregard any other matter.
(iii) The failure of any applicant to appear at the hearing will constitute a forfeiture of the hearing, a failure to exhaust administrative remedies, and the order of the Hearing Panel will become the final determination.

Redline version -12-
Redline version
(iv) An audio recording or transcript shall be taken of any hearing which takes place under these guidelines. A copy of any such audio recording or transcript shall be provided to the Appellant upon request, and the Irwindale Housing
Authority may charge a fee sufficient to cover the actual cost of copying said transcript or audio recording.
(e) Written Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Panel must issue a written decision within seven (7) business days of the hearing. The written decision may be in the form of a resolution adopted by the Housing Authority Board. The Hearing Panel will use
preponderance of the evidence as the standard of evidence in deciding issues. The written decision shall include a statement of the factual and legal basis for the decision.
(f)
(i) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the
proceeding and on matters officially noticed in the
proceeding. The written decision shall include a reference to judicial review of the Hearing Panel's final decision
pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. The decision of the Hearing Panel shall be final when issued.
(ii) The written decision shall be sent to all parties by certified mail, return receipt requested. The written decision shall be deemed issued and final when mailed.

Judicial Review. A final decision issued by the Hearing Panel may be subject to judicial review within ninety (90) days following the date of the final decision pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6. Computation of the time to appeal shall be governed by the Code of Civil Procedure. -13-
Attachment 2

IRWINDALE HOUSING AUTHORITY

GUIDELINES, POLICIES AND

PROCEDURES FOR

SENIOR LOW/MODERATE INCOME

HOUSING APARTMENT RENTAL

PROGRAM
Final Version
Adopted by the:

Irwindale Housing Authority
Approved: March 9, 2011
Revised: May 26, 2021
Revised: November 10, 2021
Revised: July 27, 2022
-1-

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

SECTION 2. PROGRAM GUIDELINES, POLICIES AND PROCEDURES
A. Definitions
Final Version

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

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

3. Conflict of Interest
Authority Board members and officers, or management level employees of the Authority are deemed to have a conflict of interest and may not part1c1pate in this program. Persons who exercise operational responsibilities relative to any financing pertaining to the apartment project are similarly deemed to have a conflict of interest.

4. Continuous Resident
A "Continuous. Resident(s)" shall be placed in two (2) subcategories thereof: Those persons/families continuously residing in Irwindale for at least a five (5) year period immediately preceding the Application Deadline shall be identified as "Category A" Continuous Resident. Those persons/families continuously residing in Irwindale for at least thirty-six (36) months but establishing residence on or after fifteen (15) year period immediately preceding the Application Deadline shall be identified as "Category B" Continuous Resident.

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

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

6. Displaced
A person that moves from a place of real property, or removes their personal property from the place of real property, permanently, as a direct result of the acquisition, rehabilitation or demolition of such real property, in whole or in part by public or private action.

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

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

9. Homeless
(a)
A person who is homeless is:

An individual lacking a primary nighttime, fixed, regular, and adequate residence fit for human habitation and who is currently residing in a public or private pace not meant for human habitation within the jurisdictional boundaries of Irwindale; or
-4-

10. Final Version
(b) An individual at imminent risk of homelessness within the jurisdictional boundaries of Irwindale who:
(i) has not had a lease, ownership interest, or occupancy agreement for permanent housing during the 90 days prior to the submission of the Application;
(ii) has not identified or obtained any other subsequent or permanent residence; and
(iii) during the same 90-day period prior to submission of the Application lacked the financial resources needed to obtain other permanent housing based on the Affordable Rent
requirements as set fo1ih in the Disposition and
Development Agreement and Regulatory Agreement by and
between the Irwindale Housing Authority and the
Northridge Group, Inc. ·
( c) An Applicant may qualify for the homeless preference by providing either of the following documentation:
(i) A notarized affidavit signed under penalty of perjury by the Applicant and one reference familiar with the Applicant's situation certifying that the Applicant is homeless or at imminent risk of homelessness within the jurisdictional boundaries of Irwindale, that no permanent or subsequent residence has been identified or obtained, and that within the 90-day period prior to submitting the Application, the
individual lacked the financial resources needed to obtain other permanent housing;
(ii) Written confirmation by a third-party non-profit
organization or any public service agency or outreach
program certifying that the Applicant is homeless or at imminent risk of homelessness within the jurisdictional boundaries of Irwindale; or
(iii) A notice of eviction or a court order resulting from an eviction for an address located within the jurisdictional boundaries of Irwindale.
( d) An applicant who wishes to qualify as homeless must provide cotTesponding bank statements and tax returns (if applicable) necessary to verify income and lack of financial resources for the 90-days prior to application submittal.

Immediate Family Member
-5-
B.

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

11. Income Qualification Criteria
Extremely low, very low, low and moderate income qualification criteria shall be as set forth in Exhibit "A" hereto, which may be amended from time to time without formal action by the Authority or CRA to be consistent with state laws and regulations (Subchapter 2 of Chapter 6.5 of Division 1 of Title 25, California Code of Regulations; see also: California Health and Safety Code§§ 50106, 50105, 50079.5 and 50093.)

12. Interrupted Resident
Any person (or family) who resided in Irwindale for at least thirty-six (36) consecutive months within the fifteen (15) year period immediately . preceding the Application Deadline, moved away for a period of time, but has reestablished a bona fide residence within the City limits of hwindale for at least one year prior to the Application Deadline shall be considered to be an Interrupted Resident.

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

14. Renter
An applicant successfully completing the application process and renting an apaiiment hereunder.

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

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

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

Eligibility Criteria
-6-
Since the Senior Apartment Rental Program is an apartment rental program, there are two (2) primary criteria which must be met to determine eligibility:

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

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

C. Priorities
Eligible applications from persons/families meeting basic income (extremely low, very low, low or moderate income) criteria, shall be processed based upon the following priority schedule and the application procedures in Section 2.D. The following priorities are used to establish the order of placement on the waiting list:

1. First Priority Criteria
(a) Extremely low income persons/family - nine (9) apartment units [subject to modification]
(b) Very low income persons/family - six ( 6) apartment units [subject to modification]
(c) Low income persons/families - five (5) apartment units [subject to modification]
(d) Moderate income persons/families - five (5) apartment units [subject to modification]
A primary goal of the Authority is to create, to the extent feasible, sufficient new rental units to meet the projected needs ofirwindale Seniors. Accordingly, and notwithstanding the initial allocations established in § 2. C. 1, above, pertaining to the number of units allocated among the income categories, the Authority reserves the right to reallocate the final number of units specified for each income category, if deemed necessary and appropriate, to meet the quantified needs of Irwindale Seniors.

2. Second Priority Criteria
(a) Disabled Family or Veteran Priority 1
(b) None of the above Priority 2

3. Third Priority Criteria
(a) Persons who are Homeless or Displaced
Final Version -7-
(b) Shared Renter for longer than one (1) year prior to Application - Priority 1.
(c) Shared Renter for less than (1) year prior to Application - Priority 2. ( d) Persons residing in rental accommodations (single/married) for longer than one (1) year prior to Application - Priority 3. (e) Persons residing in rental accommodations (single/married) for less than one (1) year prior to Application - Priority 4.
(f) Persons owning residence or other residential real property - Priority

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

4. Final Priority Criteria
(a) Category A Continuous Irwindale Resident - Priority 1 (b) Category B Continuous Resident - Priority 2
( c) Interrupted Resident - Priority 3
(d) Former Resident - Priority 4
(e) Immediate Family Member - Priority 5
(f) None of the above - Priority 6
D. Application Procedure
Final Version

1. Applications
(a)
(b)
Upon commencement of the application process, interested persons will be required to complete and sign an Application. As a material part of the Application, interested persons will be required to execute an authorization and waiver form for release of infmmation from persons, firms, public entities and others who may retain data necessary for a complete analysis of the Application. Data needed will include name, address, telephone number, family composition and ages, declaration of income and assets, declaration of outstanding financial obligations, veteran status, declaration of physical status (with appropriate medical confirmation), declaration of home ownership status. (See: § 2.D.1 (i).). Appropriate assistance in completing the Application will be provided to interested persons, if requested.

Applications shall be submitted for review and screening. -8-
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Final Version
Applications will then be assigned to the appropriate First Priority classification under§ 2.C. l.

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

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

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

Within the numerical allotments provided by the First Eligibility Criteria (§ 2.C. 1 ), the final order of priority will be established by adding the numerical priority rating assigned to each Application.

The Applications will be ranked, in order of descending priority, with the smallest total number assigned being the highest priority.

For example, an Applicant who is a Displaced Person (Priority 1 ), Shared Renter (Priority 1) and a Continuous Resident (Priority 1) will have a total Priority Rating of 3 and would be ranked higher than a person who is a "none of the above" (Priority 4), Property Owner (Priority 5) and an Immediate Family Member (Priority 5) with a total Priority Rating of 13.

The Executive Director shall be vested with the authority to make the final determination of priority ratings which will be presented to the Board for informational purposes only. In the event a tie occurs between two (2) or more Applicants, the total Priority Rating rank order will be assigned by chronological order based on the time stamp of receipt by the Authority on the Applicant's complete Application.

The Authority staff will verify the following data:
(i) name and address
(ii) residence requirement
(iii) employment
(iv) mcome
(v) existing equity/assets (if applicable)
(vi) credit history
(vii) property ownership
-9-

2. Final Version
(j) Documentation necessary to verify income, age, handicap (disability), and residency requirements shall be submitted with application documents and may include, but is not limited to: birth certificates, current pay check stubs, income tax returns, employment/salary verification, bank statements for all checking and/or savings accounts, telephone records and utility records, hospital admittance records, medical care records, and records of educational institutions and public agencies as the same are relevant to matters pertaining to verification of information submitted. (k) If Authority staff is unable to verify necessary information through Documentation as described in Section (D)(l)(j) herein, Authority staff may request and accept a submitted affidavit signed under penalty of perjury to verify any such required information. (1) All data submitted shall be verified as true and correct under penalty of perjury of the laws of the State of California. Failure to so verify shall result in application rejection.
(m) Ineligible Applicants shall be notified, in writing, with a statement indicating why the Applicant has been denied and advising the Applicant of his or her right to appeal the determination in writing within ten (10) days of the letter of denial. Appeals will be heard by the Authority Board and the Authority Board's dete1mination shall be final.
(n) Eligible Applicants will be notified and placed on a waiting list in order of priority. The waiting list will be maintained by the Authority for one year, and may be opened or closed upon the discretion of the Authority. The waiting list may be purged by mailing a notice to all Applicants requesting current information and confirmation of continued interest in the program. Applicants who fail to respond within thirty (30) calendar days will be removed from the waiting list.
( o) Applicants will be awarded a unit based upon availability and priority ranking. Applicants who are awarded a unit may be required to re-certify information at the time of award to ensure that the information submitted to the Authority is accurate and current.

Applicants who are awarded a unit will be mailed the necessary rental agreement documents to begin processing the rental application. The Authority will provide such assistance as may be necessary to ensure timely and complete submissions.

Insufficient Eligible Applications
-10-
Final Version
(a) If there are insufficient eligible Applicants during the first thirty (30) days of the Application Deadline, the Board may authorize additional time for further applications which will be processed in accordance with the procedures set foiih in§ 2.D.l, above. (b) Priority for Applicants shall be strictly maintained in accordance with the waiting list for the application period during which submittal occurred.
( c) Once rental agreement documents have been approved, then a move-in date will be established.

3. Hearing Procedures
(a) Matters Subject to a Hearing. The following matters shall be subject to a hearing under these guidelines:
(i) Appeals by an Applicant whom has been deemed ineligible for the housing Program;
(ii) Revocation or Termination of any housing award given under this housing program due to improper determinations of Applicant eligibility including:
(A) Failure to provide accurate statements of all
inf01mation requested in the application, including,
but not limited to, address, residency, income, assets, expenses, and family composition at the time of the
application such that, the Applicant was ineligible
for the housing program at the time of the award;
(B) Housing awards that are inconsistent with, or not
authorized by, policy.
(b) Notice Requirements. Irwindale Housing Authority staff is authorized and shall provide an Applicant a minimum ten (10) calendar days written notice of a hearing scheduled to take place under these Guidelines. Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered or action to be taken by the Irwindale Housing Authority, and a general description of the location of the real property, if any, that is the subject of the hearing.

The Irwindale Housing Authority will provide reasonable accommodation for persons with disabilities to participate in the hearing. The Housing Authority must be notified within three (3) -11-
calendar days of the scheduled time of the hearing if special accommodations are required.
( c) Administrative Hearing Panel. The Irwindale Housing Authority Board shall be the designated Hearing Panel presiding over a hearing under this section. In order to conduct a hearing under these guidelines, a quorum of the Irwindale Housing Authority Board must be present on the Hearing Panel at all times in accordance with Irwindale Municipal Code section 2.32.050. The Board shall have the option, in its sole discretion, to designate a different hearing officer or panel. All procedures described herein shall apply to the designated hearing officer or panel.
( d) Hearing Procedures and Evidence. The hearing shall be informal in nature, and formal rules of evidence and discovery do not apply.

The hearing shall be open to public observation and nothing herein shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Hearing Panel. (i) The Irwindale Housing Authority shall make available a copy of these governing procedures to the Applicant whom the action is directed.
(ii) Each party shall have the opportunity to provide testimony and evidence in support of his or her case. The evidentiary record submitted by the parties shall be accepted by the Hearing Panel as prima facie evidence of the respective facts contained in therein. Any document or evidence not
submitted at the hearing may not be relied upon by the
Hearing Panel in rendering a decision. The Hearing Panel may only consider evidence that is made part of the record at the hearing and relevant to the issues raised in the notice and may disregard any other matter.
(iii) The failure of any applicant to appear at the hearing will constitute a forfeiture of the hearing, a failure to exhaust administrative remedies, and the order of the Hearing Panel will become the final determination.
(iv) An audio recording or transcript shall be taken of any hearing which takes place under these guidelines. A copy of any such audio recording or transcript shall be provided to the Appellant upon request, and the Irwindale Housing
Authority may charge a fee sufficient to cover the actual cost of copying said transcript or audio recording.

Final Version -12-
Final Version
( e) Written Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Panel must issue a written decision within seven (7) business days of the hearing. The written decision may be in the form of a resolution adopted by the Housing Authority Board. The Hearing Panel will use
preponderance of the evidence as the standard of evidence in deciding issues. The written decision shall include a statement of the factual and legal basis for the decision.
(f)
(i) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the
proceeding and on matters officially noticed in the
proceeding. The written decision shall include a reference to judicial review of the Hearing Panel's final decision
pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. The decision of the Hearing Panel shall be final when issued.
(ii) The written decision shall be sent to all parties by certified mail, return receipt requested. The written decision shall be deemed issued and final when mailed.

Judicial Review. A final decision issued by the Hearing Panel may be subject to judicial review within ninety (90) days following the date of the final decision pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6. Computation of the time to appeal shall be governed by the Code of Civil Procedure. -13-

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706

CC, SA& HA
Item 1A1
JULY 13, 2022

WEDNESDAY
5:08 P.M.

The Irwindale CITY COUNCIL, SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY, and HOUSING AUTHORITY met in special joint session at the above time and place.

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

CONSENT CALENDAR
MOTION
ITEM NO. 1A

A RESOLUTION TO

RE-RATIFY THE

EXISTENCE OF A

LOCAL EMERGENCY

AND AUTHORIZE

REMOTE MEETINGS

FOR THE LEGISLATIVE

BODIES OF THE CITY

OF IRWINDALE FOR
THE 30-DAY PERIOD
BEGINNING JULY 13,
2022 THROUGH
AUGUST 12, 2022

RESOLUTIONS

ADOPTED

Present: Councilmembers I Board Members Mark A. Breceda; Manuel R. Garcia, H. Manuel Ortiz;
Mayor Pro Tern I Vice Chair Albert F. Ambriz;
Mayor I Chair Larry G. Burrola
Also Present: Julian A. Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel
There were no speakers.

A motion was made by Councilmember Breceda, seconded by Mayor Pro Tern Ambriz, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Ortiz absent at the time of the Roll Call vote.

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 JULY 13, 2022 THROUGH
AUGUST 12, 2022
Joint Resolution Nos. 2022-68-3318, SA 2022-69-3319, and HA 2022-14-124, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF

THE HOUSING AUTHORITY OF THE CITY OF IRWINDALE 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

CC, SA, AND HA MINUTES

SPECIAL MEETING
JULY 13, 2022
PAGE2

RECESS TO

CLOSED SESSION
OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING JULY 13,
2022, THROUGH AUGUST 12, 2022, PURSUANT TO THE RALPH
M. BROWN ACT AND ASSEMBLY BILL NO. 361," was adopted.

At 5:12 p.m., the City Council, Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority met in Closed Session to discuss the following:

Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, direction provided; no reportable action taken.

Councilmember Breceda declared a potential conflict of interest, abstained from discussing this item, and exited the meeting room.

Name of Case: City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency, et al. v. County of Los Angeles Case Number: Ventura County Superior Court Case No. 56-2015- 00464100-CU-WM-VTA
ACTION: Discussed; no reportable action taken. Councilmember Breceda declared a potential conflict of interest, abstained from discussing this item, and exited the meeting room.

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

Under Negotiation: Sublease Price and Terms
ACTION: Discussed, direction provided; no reportable action taken Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Fred & Becky Barbosa
Agency Claimed Against: City of Irwindale, Irwindale Housing Authority
ACTION: Discussed; direction provided; no reportable action taken

CC, SA, AND HA MINUTES

SPECIAL MEETING
JULY 13, 2022
PAGE3

RECONVENE IN

OPEN SESSION

ADJOURNMENT
Public Employee Discipline I Dismissal I Release
Pursuant to Government Code Section 54954.5(e)
(No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee).

ACTION: Discussed; no reportable action taken
At 6:41 p.m., the City Council reconvened in Open Session.

There being no further business to conduct, the meeting was adjourned at 6:43 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
CC Item 1A2 JULY 13, 2022

WEDNESDAY
6:44 P.M.

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

ROLL CALL:

CHANGES TO THE
AGENDA

CITY MANAGER

MIRANDA

COUNCILMEMBER

TRAVEL REPORTS

COUNCILMEMBER

COMMENTS

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA

COUNCILMEMBER

BRECEDA

INTRODUCTION OF

NEW EMPLOYEES I

PROMOTIONS

OATH OF OFFICE

TO IRWINDALE

POLICE OFFICER

LUIS AMESOLA

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

Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Jamie Traxler, Assistant City Attorney Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Iris Espino, Assistant to the City Manager; Priscilla Zepeda, Recreation Manager; and Laura Nieto, Chief Deputy City Clerk
City Manager Miranda noted that Item No. 1 F would be pulled from the agenda and will be continued to a future meeting.

None.

Mayor Pro Tern Ambriz congratulated Recreation Department staff on the success of the 4th of July activities.

Mayor Burrola spoke on the wonderful activities of the Red, White, and You BBQ and thanked staff and all involved in its success. He also congratulated the recipients of the scholarships offered by United Rock: Noemi Torres, Rudy Gallardo Jr., and Jessica Fraijo. He then requested that the meeting be adjourned in memory of Joseph Vela.

Councilmember Breceda reminded the Council of an open house to be held tomorrow at 600 Live Oak Avenue.

OATH OF OFFICE TO IRWINDALE POLICE OFFICER LUIS

AME SOLA
Brief background information was provided on Officer Amesola and Mayor Burrola administered the Oath of Office.

CITY COUNCIL MINUTES

REGULAR MEETING

PROCLAMATIONS I

PRESENTATIONS I

COMMENDATIONS

PROCLAMATION

PROCLAIMING

PARKS & RECREATION
MONTH

CERTIFICATE OF

RECOGNITION -

KHALALAH TODD

SPONTANEOUS

COMMUNICATIONS

VERONICA BARBOSA
LARA

DENA ZEPEDA

CARMEN ROMAN

FRED BARBOSA

BECKY BARBOSA
JULY 13, 2022
PAGE2

PROCLAMATION PROCLAIMING PARKS & RECREATION
MONTH
The proclamation was made.

CERTIFICATE OF RECOGNITION - KHALALAH TODD
The certificate was presented.

Veronica Barbosa Lara submitted a written statement wherein she noted rising costs and ongoing inflation, and requested that the Council consider providing resident seniors with solutions to meet their needs, such as hosting food drives.

Dena Zepeda spoke on an incident with the Recreation Department wherein she alleges that a child was not allowed to participate in an activity, and stated that the residents have a right to know the status of the Chief of Police and Police Lieutenant who are away from the office on leave.

Carmen Roman agreed with Dena Zepeda and requested that the City Manager and Director Rodriguez address the situation that Dena Zepeda mentioned regarding the Recreation Department. She also asked that the city provide information regarding the status of the Chief of Police and Police Lieutenant.

Fred Barbosa made claims that the city has breached a contract that it has entered into with him to improve his house. He then spoke on his expenditures in repairing his home, which he felt should be covered by the city. He made allegations of corruption by staff, and noted that the Council previously reimbursed another individual who conducted unpermitted work on the curb fronting his house.

Becky Barbosa reiterated Mr. Barbosa's claims and stated that she felt discriminated against as a female resident.

DIRECTOR RODRIGUEZ Director Rodriguez noted that the Irwindale Educational Foundation has been renamed to "Irwindale Education Fund," and invited all to a Casino Night fund raiser to be held at the Irwindale Brew Yard on July

22. CITY COUNCIL MINUTES

REGULAR MEETING

BECKY BARBOSA

TONY NARANJO

TERESA ORTIZ

DENA ZEPEDA

LINDA MAREZ

COUNCILMEMBER

BRECEDA

CITY ATTORNEY
GUERRA

CONSENT CALENDAR
MOTION
JULY 13, 2022
PAGE3
Becky Barbosa commended the Police Department for its patrols on the 4th of July.

Tony Naranjo thanked Councilmember Ortiz, City Manager Miranda, and representatives of the Police Department for following-up on issues on Morada Street, which resulted from work performed by Panattoni. He noted that the parking lots at the site have conditions that render them unsafe, including the presence of homeless individuals, and requested Council follow-up on his concerns.

Teresa Ortiz commended Recreation Department staff for their hard work on the 4th of July festivities, particularly Manager Zepeda. She also thanked Ms. Khalalah Todd for organizing the non-resident vendor booths and the Parks and Recreation Commission for its participation.

Dena Zepeda made allegations against housing staff and stated that she was forced to remove her husband's name from the title of her home. She further alleged that housing funding has gone missing and suggested that staff follow-up on the issues at Morada Street brought up by Mr. Naranjo.

Linda Marez noted the high turnout of the 4th of July activities and spoke highly of the event. She also stated that the personnel matters involving the Chief of Police and Police Lieutenant are confidential and that the public is not entitled to know their details.

Councilmember Breceda spoke on his efforts to assist in alleviating the concerns of the Morada Street residents.

City Attorney Guerra stated that the city respects, understands, and appreciates the public's desire for information regarding the Police Department, and noted that the city takes its obligation seriously to ensure transparency and ensure the public's trust in Irwindale and its Police Department. However, for the integrity of employees and internal protocols and procedures relating to personnel matters, information cannot be disclosed at this time, though information will be disclosed at the appropriate time.

A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved, with the exception of Item No. 1 F, which was removed from the agenda.

CITY COUNCIL MINUTES JULY 13, 2022
REGULAR MEETING PAGE 4
ITEM NO. 1A MINUTES

MINUTES
ITEM NO. 1B

WARRANTS/

DEMANDS I PAYROLL
ITEM NO. 1C

PROPOSED END OF

YEAR CLOSURE OF

CITY FACILITIES FOR
2022
ITEM NO. 1D

MEASURE A GRANT
FUNDS
RESOLUTION NO.
2022-67-3317

ADOPTED
ITEM NO. 1E

CLAIMS TIME

TOLLING POLICY
RESOLUTION NO.
2022-71-3321

ADOPTED
ITEM NO. 1F

RELEASE OF BONDS

FOR PARCEL MAP
72864-16203-16233

ARROW HIGHWAY
The following minutes were approved:
1) Special meeting held June 22, 2022
2) Regular meeting held June 22, 2022

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

PROPOSED END-OF-YEAR CLOSURE OF CITY FACILITIES FOR
2022
The closure of some city facilities during the period of Monday, December 26, 2022, through and including Sunday, January 8, 2023, was approved and the City Manager was authorized to implement said closure.

MEASURE A GRANT FUNDS
The City Manager, Assistant City Manager, and Public Services Director were appointed as City Representatives and were authorized to apply for, accept, and administer all Measure A grant funds, and, Resolution No. 2022-67-3317, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE RESCINDING RESOLUTION NO. 2020-12-3172 IN ITS

ENTIRETY, AND AUTHORIZING CITY STAFF TO APPLY FOR,

ACCEPT, AND ADMINISTER ANY AND ALL MEASURE A GRANT
FUNDS FOR THE CITY OF IRWINDALE," was adopted.

CLAIMS TIME TOLLING POLICY
Resolution No. 2022-71-3321, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, DELEGATING JOINT AUTHORITY TO THE CITY

MANAGER AND THE CITY ATTORNEY TO ENTER INTO

AGREEMENTS TO TOLL THE TIME FOR RESPONSE TO CLAIMS
UNDER THE GOVERNMENT CLAIMS ACT," was adopted.

RELEASE OF BONDS FOR PARCEL MAP 72864 -16203-16233

ARROW HIGHWAY
This item was removed from the agenda.

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 13, 2022
PAGE 5

END OF CONSENT CALENDAR

NEW BUSINESS
ITEM NO. 2A

CONSIDERATION OF

RESOLUTION

APPROVING THE

HIRING OF A RETIRED

ANNUITANT AS

INTERIM CHIEF OF

POLICE FORA

LIMITED DURATION

OF TIME

CITY MANAGER

MIRANDA

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

DENA ZEPEDA

AND CARMEN ROMAN
RESOLUTION NO.
2022-70-3320

ADOPTED
ITEM NO. 2B

POTENTIAL HOUSING

SITES AND DENSITIES

FOR COMPLIANCE
WITH THE 2021-2029
SCAG 5rH CYCLE

REGIONAL HOUSING

NEEDS ASSESSMENT

FOR THE HOUSING

ELEMENT & GENERAL

PLAN UPDATE

CONSIDERATION OF RESOLUTION APPROVING THE HIRING

OF A RETIRED ANNUITANT AS INTERIM CHIEF OF POLICE FOR

A LIMITED DURATION OF TIME
City Manager Miranda presented the report.

Councilmember Ortiz stated that, after reviewing the staff report and in speaking with Mr. Robert Castro, he felt comfortable in approving the contract.

Mayor Pro Tern Ambriz spoke in favor of approving the contract.

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

Resolution No. 2022-70-3320, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE HIRING OF A RETIRED

ANNUITANT AS INTERIM CHIEF OF POLICE FOR A LIMITED
DURATION UNDER GOVERNMENT CODE SECTIONS 7522.56(C)
AND 21221 (G)," was adopted on the motion of Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, and approved, with
Councilmember Breceda opposed, Councilmember Garcia
abstaining, and Mayor Burrola in favor.

POTENTIAL HOUSING SITES AND DENSITIES FOR
COMPLIANCE WITH THE 2021-2029 SCAG 5TH CYCLE REGIONAL

HOUSING NEEDS ASSESSMENT FOR THE HOUSING ELEMENT
& GENERAL PLAN UPDATE (Joint Housing Authority Item)

CITY COUNCIL MINUTES

REGULAR MEETING

CITY ATTORNEY
GUERRA

DIRECTOR SIMPSON

CITY ATTORNEY
GUERRA

COUNCILMEMBER

BRECEDA AND CITY

MANAGER MIRANDA

DIRECTOR SIMPSON

MAYOR PRO TEM
AMBRIZ

DIRECTOR SIMPSON

COUNCILMEMBER
ORTIZ

DIRECTOR SIMPSON
JULY 13, 2022
PAGE6
City Attorney Guerra advised that staff will make an overall presentation regarding all sites, and once individual sites are considered, those Councilmembers that have conflicts of interest with those specific sites may exit the Council Chambers and refrain from participating in discussing said properties.

Director Simpson presented the staff report and made a PowerPoint presentation. She added that the owner of the Mt. Olive Storage property would like to comment that they are satisfied with the site's current use but would like to have a residential zoning overlay considered at the site as well.

Director Simpson then noted that she would begin presenting information relating to the Allen Drive site.

City Attorney Guerra asked that Councilmember Breceda and City Manager Miranda exit the Council Chambers since they have conflicts of interest with this specific site. He added that the site will be discussed, after which the Council and members of the public will have the opportunity to discuss it, and once direction on the site is provided, Councilmember Breceda and City Manager Miranda may return to the Council Chambers.

Councilmember Breceda and City Manager Miranda declared potential conflicts of interest with this site and exited the Council Chambers at 7:59 p.m.

Director Simpson then began discussing the Allen Drive site, and spoke on its density capacity.

Mayor Pro Tern Ambriz recommended constructing 12 homes per acre on seven of the 10 available acres. He recommended designating the remaining three acres as a buffer, a small park, or some other future use. He noted that the seven houses built at Ambriz Street will factor into the 119 RHNA numbers, and further suggested the possibility of constructing senior apartments or 28 homes near Avenida Padilla due to its proximity to the Gold Line station.

Director Simpson noted that the city has already committed in the 5th Cycle RHNA to designate three acres of the Allen Drive site for the construction of 21 units per acre.

Councilmember Ortiz suggested using eight acres of the site for housing. After Director Simpson responded to several clarifying questions from Councilmember Ortiz, he expressed his preference for the development of 12 units per acre.

Director Simpson reiterated that the city has already committed to designating three acres, with 21 units per acre. She added that HCD has ready adopted the proposal, and as such, the city would need to

CITY COUNCIL MINUTES

REGULAR MEETING

MAYOR BURROLA

CITY ATTORNEY
GUERRA

MAYOR BURROLA

COUNCILMEMBER
GARCIA

DIRECTOR SIMPSON

MAYOR BURROLA

MAYOR PRO TEM
AMBRIZ

CITY ATTORNEY
GUERRA
JULY 13, 2022
PAGE?
identify another four or five acres, for a total of eight acres to be used, to which Councilmember Ortiz suggested building single-family residences at the remaining four or five acres. He noted that residents are not interested in apartments, with the exception of senior apartments, and suggested potentially locating the 63 units that the city already committed to at the Mt. Olive Storage site, to which Director Simpson said that staff would need to contact the HCD to inquire whether the location could be changed as requested.

Responding to a question by Mayor Burrola, Director Simpson indicated that the Council does not necessarily have to determine the type of housing that should be developed at this time. Rather, the Council needs to determine the housing density for the sites.

City Attorney Guerra noted that it is not necessary to accommodate all 119 homes on one property. He suggested that the Council first identify how many acres they would like to utilize, recognizing that three of the 10 acres on Allen Drive have already been designated.

Of those remaining seven acres, the Council should determine how many to use for housing and how many for future use.

Mayor Burrola suggested utilizing six acres for housing and leaving the remaining four acres for future use. He added that condominiums are not desired, and noted that in-fill housing may also be developed throughout the city.

Councilmember Garcia concurred, noting that consideration should also be given to the amount of space needed for open spaces, walkways, streets, etc.

Director Simpson indicated that the vacant lots throughout town would be considered for moderate-income level homes since they are individual parcels. She also spoke on the need to identify other sites in addition to Allen Drive, since the HCD may decide that some of the acreage may not be suitable for development.

Mayor Burrola suggested focusing on Allen Drive. He then asked whether the previous allocation already dedicated in the 5th cycle RHNA numbers could be modified, to which Director Simpson advised that it would be difficult at this point since the city has already committed to them.

Mayor Pro Tern Ambriz stated that the community does not want apartments.

City Attorney Guerra reiterated that staff would reach out to HCD to see if the three acres previously designated could be modified.

CITY COUNCIL MINUTES

REGULAR MEETING

VERONICA BARBOSA
LARA

TONY NARANJO

SUZANNE GOMEZ

MAYOR PRO TEM
AMBRIZ

COUNCILMEMBER
GARCIA

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA

CITY ATTORNEY
GUERRA

COUNCILMEMBER

BRECEDA AND CITY

MANAGER MIRANDA

DIRECTOR SIMPSON
JULY 13, 2022
PAGES
Veronica Barbosa Lara urged the Council to address the needs of local seniors by dedicating a portion of Allen Drive for the development of senior housing.

Tony Naranjo expressed concern that the state may impose its preferences on housing issues if the Council fails to act quickly.

Suzanne Gomez spoke on lrwindale's uniqueness and encouraged the Council to "stay the course." She stated that many local cities are also struggling to fulfill their RHNA obligation, which the Governor acknowledges. She urged the Council to stand up for what the city represents, and encouraged the development of apartments near the Gold Line station.

Mayor Pro Tern Ambriz disagreed with the comment that the Council is not acting quickly enough, and stated that the Council is doing its best to make sure the residents' needs are met.

Councilmember Garcia expressed his understanding that the three acres on Allen Drive that have already been committed were designated for mixed use and senior housing. He stated that this likely remains the best use for the acreage.

Replying to a question by Mayor Pro Tern Ambriz, Director Simpson indicated that high-density apartments or condominiums would typically be what is developed at the three acres. However, a developer may suggest something else.

Mayor Burrola spoke against townhouses and condominiums, noting that these types of developments typically require their homeowners to pay home association fees, which may be too difficult for lowincome residents to pay.

City Attorney Guerra repeated that staff would reach out to HCD regarding the three acres the city has already designated.

Additionally, per the input received by the Council, three additional acres at Allen Drive will be zoned R1, and the remaining four units would be reserved for potential future use. Since the discussion on this item completed, he stated that Councilmember Breceda and City Manager Miranda may return to the Council Chambers to resume discussing the remaining properties.

Councilmember Breceda and City Manager Miranda then returned to the Council Chambers at 9:08 p.m.

Director Simpson then discussed the characteristics of 12861 Schabarum Avenue. She proposed R3 zoning, heavy residential, with apartments or condominiums, with a capacity of approximately 21 units for the acre of land. She noted that it is located near a medical

CITY COUNCIL MINUTES

REGULAR MEETING

MAYOR PRO TEM
AMBRIZ

COUNCILMEMBER
ORTIZ
JULY 13, 2022
PAGE 9
facility, financial institutions, college, schools, grocery stores, and transit.

Mayor Pro Tern Ambriz suggested against utilizing this site for housing.

Councilmember Ortiz concurred with Mayor Pro Tern Ambriz.

COUNCIL CONSENSUS Council consensus was reached to reject the Schabarum site for housing.

DIRECTOR SIMPSON Director Simpson then began discussing the Irwindale Avenue & Avenida Padilla site and provided site characteristics. She advised there is a capacity for about 33 units on two acres. She added that staff has spoken to a property owner in the area who expressed interest in a zoning overlay to allow for the development of housing at the site.

COUNCIL CONSENSUS Council consensus was reached to agree with staff's recommendations regarding this site.

DIRECTOR SIMPSON

MAYOR PRO TEM
AMBRIZ

DOMINIC BEA

DIRECTOR SIMPSON
Director Simpson then discussed the Gold Line Reliance II I 15990 Foothill Boulevard site and provided site characteristics. She noted that this site has an adopted, applicable Specific Plan. Staff recommended zoning that would allow for mixed density units, potentially developing 23 units at one acre of the site. The site is near the Gold Line.

Responding to a questions by Mayor Pro Tern Ambriz, Director Simpson advised that the family that owns Mt. Olive Storage had expressed concern over the city's eminent domain powers. However, after discussing the concerns with staff, the family is happy that the city is under consideration. She noted that the family is not considering scrapping their business, but is happy with the possibility of a zoning overlay at the site to allow for the development of housing.

Dominic Bea, who identified himself as the son of Mt. Olive Storage's founder, provided brief background information on the business, and noted his family's willingness for a zoning overlay to be used at the site.

Director Simpson stated that, although the site is over 20 acres in size, staff proposes a density of 57 units over 10 acres. She then discussed 13201 Ramona Boulevard and its four acres. Staff proposes zoning this site as R1 and R2, mixed commercial and residential uses. She noted that if mixed use is approved for the site, it could potentially hold more than 27 units.

CITY COUNCIL MINUTES

REGULAR MEETING

COUNCILMEMBER
ORTIZ

MAYOR BURROLA
ITEM NO. 2C
RECAP ON 4TH OF JULY

ACTIVITIES -

VERBAL UPDATE

MANAGER ZEPEDA

COUNCILMEMBER

ORTIZ, MAYOR PRO

TEMAMBRIZ,

COUNCILMEMBER

BRECEDA, AND

MAYOR BURROLA

SUZANNE GOMEZ

KHALALAH TODD

LINDA MAREZ

PAT GONZALEZ
JULY 13, 2022
PAGE10
Director Simpson then spoke on 12881 Ramona Boulevard and described its characteristics. Staff proposes developing 21 R3 units.

Responding to a comment by Councilmember Ortiz, Director Simpson reminded the Council that the HCD may still reject some of the sites proposed for housing. However, she advised that she would continue working with the consultants to put the information together and present the package to the Council.

Mayor Burrola asked about the deadline to submit the information to HCD, to which Director Simpson acknowledged that the original deadline has since passed, though October 15 has been marked as the new deadline. She added that, although the HCD may reject some of the properties, it would provide a justification for the rejection and would provide the city the opportunity to respond.

RECAP ON 4TH OF JULY ACTIVITIES - VERBAL UPDATE
Manager Zepeda made a PowerPoint presentation on the 4th of July activities, which included a "Red, White, and You BBQ", a fireworks show, music, games, food, vendors, photo opportunities, information booths, and crafts. She thanked Ms. Khalalah Todd for setting up non-resident vendor booths, and thanked staff, the Council, and the Parks and Recreation Commission for their participation.

Councilmember Ortiz, Mayor Pro Tern Ambriz, Councilmember Breceda, and Mayor Burrola all congratulated Recreation staff and all the participants for such wonderful and well-attended activities.

Suzanne Gomez thanked staff, seniors, and the Police Department for their help. She also complained about illegal fireworks.

Khalalah Todd thanked the city for allowing her "Make Magic Happen" Market occur at the Park, and stated her joy to see so many people enjoying it. She thanked everyone that participated in it.

Linda Marez praised the Recreation Department for the event and noted that a large number of people were using illegal fireworks throughout the city, and hoped the Police Department can determine a way to eliminate their use.

Pat Gonzalez also thanked the Recreation Department for the event and concurred about the use of illegal fireworks. She suggested increasing police patrols to discourage their use.

CITY COUNCIL MINUTES

REGULAR MEETING

CITY MANAGER

MIRANDA

PUBLIC HEARINGS

CITY MANAGER'S
REPORT

CITY MANAGER

MIRANDA

AGENDA ITEMS

REQUESTED BY
JULY 13, 2022
PAGE 11
City Manager Miranda read the Police Department's narrative on patrol efforts for the 4th of July, wherein it was noted that this 4th of July's activities were split over several days, and many officers took the day off to enjoy it with their families. Officers seized a large amount of illegal fireworks from individuals attempting to use them inside the park. About 26 calls of disturbances were made.

Additionally, detectives conducted undercover operations and seized about 100 pounds of illegal fireworks. In the future, staff will prepare to address those concerns expressed tonight.

None.

City Manager Miranda reported the following:
1) The nomination period for the upcoming General Municipal Election begins July 18 and closes August 12.
2) The CA Dept. of Transportation updated its westbound 1-210 closure, which is scheduled for July 20-July 26. The second closure is scheduled for August 10 -August 16.
3) The city is hosting a blood drive with the American Red Cross on August 2.
4) The SGV Mosquito Vector Control District detected mosquitos carrying the West Nile virus in Irwindale. He provided tips to reduce the presence of mosquitos.
5) Recruitment for Community Development Office Specialist opens on July 18 and closes July 31 or until 50 qualified applications are received.
6) Recruitment for a part-time tutor is now open. The deadline to apply is July 28.
7) The Irwindale Police Officers Association will be hosting a "Menudo with a Cop" event on July 17 at Irwindale Park. 8) National Night Out will be held August 2.
9) No parking signs on Azusa Canyon Road have been revised to prohibit parking on Wednesdays due to scheduled trash pickup from Baldwin Park.
10)The Sunset Cinema and Music in the Park activities will continue this week.
11) The Mighty Coyotes will resume soccer games next week at Irwindale Park. Game location and dates are subject to change.

COUNCILMEMBERS None.

CITY COUNCIL MINUTES JULY 13, 2022
REGULAR MEETING PAGE 12
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:57 p.m., in memory of Joseph Vela.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable 18
Checks by Date - Summary by Check Number
User: irnarin
Printed: 7/20/2022 5:33 PM

IRWINDALE - - -----------
Check No Vendor No Vendor Name Check Date Check Amount
77369 ABREO! Alicia Abrego 07/07/2022 75.00
77370 AGUILA07 Berlyn Aguila 07/07/2022 84.39
77371 ALMAO! Jose Almaguer 07/07/2022 75.00
77372 AT&T06 AT&T 07/07/2022 1,648.59
77373 AyalaO! Leonor Ayala 07/07/2022 189.00
77374 BARAO! Frank Barajas 07/07/2022 75.00
77375 BRIGHT02 Bright Stars Academy 07/07/2022 900.00
77376 BRINKO! Larissa Brinko 07/07/2022 75.00
77377 WOOD02 Nathaniel Burrola-Woodard 07/07/2022 75.00 77378 CANONGO! Debbie Canongo 07/07/2022 75.00
77379 CHARTEO! Charter Communications 07/07/2022 109.16 77380 FLOREO! Karla Flores 07/07/2022 455.00
77381 FRONTO! Frontier Communications 07/07/2022 97.08
77382 GRIJALO! Dan Grijalva 07/07/2022 300.00
77383 MCMIO! Emily McMillen 07/07/2022 75.00
77384 OPTUMOI OptumRx, Inc. 07/07/2022 29,145.67
77385 ORELLAO! Blanca Orellano 07/07/2022 75.00
77386 0RTIZ09 Ariana Ortiz 07/07/2022 47.00
77387 ORTIZH H. Manuel Ortiz 07/07/2022 98.48
77388 P!TNEY06 Pitney Bowes, Inc 07/07/2022 243.63
77389 REEPOI Brian Reep 07/07/2022 75.00
77390 SCFUELS SC Fuels 07/07/2022 16,033.91
77391 STROBE03 Gary Strobehn 07/07/2022 151.99
77392 verizonw Verizon Wireless 07/07/2022 779.34
77393 VISIONOI Vision Service Plan - (CA) 07/07/2022 1,226.17 77394 WAGONER Pamela Wagoner 07/07/2022 400.00
77395 AMERIFID American Fidelity Assurance 07/07/2022 7,111.86 77396 CHARTED! Charter Communications 07/07/2022 417.11 77397 PMIDEN Delta Dental Insurance Company 07/07/2022 991.77 77398 PMIDENO! Delta Dental of California 07/07/2022 13,553.82 77399 DOMING04 Alva Dominguez 07/07/2022 12.00
77400 FORDO! Bradley Ford 07/07/2022 2,000,00
77401 FRONTO! Frontier Communications 07/07/2022 388.04 77402 JOHNO! Johnson Investigations 07/07/2022 1,600.00 77403 LIEBERT Liebert Cassidy Whitmore 07/07/2022 4,830.00 77404 NATION23 National Union Fire Insurance 07/07/2022 745.74 77405 STANDAO! Standard Insurance Co. RV 07/07/2022 459.95 77406 STANDA03 Standard Insurance Company 07/07/2022 2,458.99 77407 VISIONOl Vision Service Plan - (CA) 07/07/2022 1,581.51 77408 VISIONO! Vision Service Plan - (CA) 07/07/2022 4,664.46 77409 MOREO! Danny Moreno 07/14/2022 325.00
77410 CALIF056 California State Disbursement Unit 07/14/2022 604.15 77411 CALIF057 California State Disbursement Unit 07/14/2022 143.07 77412 AL LIAN Alliant Insurance Services, Inc. 07/14/2022 1,748.00 77413 AyalaO! Leonor Ayala 07/14/2022 150.00
77414 FIGUERO! Maria Figueroa 07/14/2022 75.00
77415 HENSHAO! Ty Henshaw 07/14/2022 658.64
AP Checks by Date~ Summary by Check Number (7/20/2022 5:33 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
77416 HO MEDE Home Depot Credit Services 07/14/2022 2,952.22 77417 HO YEN Noelle Hoye 07/14/2022 480.00
77418 IRWIND21 Irwindale Hand Wash & Auto Detail 07/14/2022 1,398.45 77419 MAREZL Linda S. Marez 07/14/2022 150.00
77420 PADILLAM Melissa Marez 07/14/2022 2,864.00
77421 ORTIZH H. Manuel Ortiz 07/14/2022 10.00
77422 PAIKOI Sumako Paik 07/14/2022 240.00
77423 PETTYC05 City of Irwindale Petty Cash 07/14/2022 610.13 77424 SCFUELS SC Fuels 07/14/2022 8,381.91
77425 STATEOOl State Of California 07/14/2022 194.00
77426 TAPIA05 Priscilla Tapia 07/14/2022 37.44
77427 WAGN02 Jeanette Wagner 07/14/2022 300.00
77428 AMERJC34 American Fidelity Assurance Co 07/14/2022 2,733.64 77429 BARBOS04 Dolores Barbosa 07/14/2022 300.00
77430 OROSC005 Rebecca Bardales 07/14/2022 227.00
77431 CALPEL Calpelra 07/14/2022 380.00
77432 CARDENOl Rudy Cardenas 07/14/2022 150.00
77433 CMTA02 CMTA 07/14/2022 95.00
77434 DFOl D.F. Polygraph 07/14/2022 200.00
77435 DOMING09 Graciela Dominguez 07/14/2022 75.00
77436 FRONTOl Frontier Communications 07/14/2022 350.66 77437 GARC03 Carmen Susana Garcia-Torres 07/14/2022 1,800.00 77438 LAKE02 Susan Lake 07/14/2022 300.00
77439 LEGAL03 Legal Shield 07/14/2022 37.90
77440 LOGANOl Barbara Logan 07/14/2022 162.00
77441 PETTYC05 City oflrwindale Petty Cash 07/14/2022 77.84 77442 PARMAOl Public Agency Risk Managers 07/14/2022 150.00 77443 PYROSP Pyro-Spectaculars, Inc. 07/14/2022 16,675.00 77444 REINOSO! Javier Reinosa 07/14/2022 75.00
77445 WAGN02 Jeanette Wagner 07/14/2022 600.00
77446 ALCOTA Alco Target Co 07/27/2022 81.59
77447 ALESHIRE Aleshire & Wynder, LLP 07/27/2022 70,215.78 77448 ALLC!Ol All City Management Services, Inc 07/27/2022 247.59 77449 ALLISOOl Allison Mechanical, Inc 07/27/2022 1,287.10 77450 ARC03 ARC Document Solutions, Inc. 07/27/2022 85.82 77451 AZUSAPO! Azusa Plumbing Supply 07/27/2022 1,138.49 77452 BAKEROl Baker & Taylor Books 07/27/2022 94.85
77453 BARNEY Bamey1
s Locksmith Service 07/27/2022 206.72
77454 BILLST Biltts Truck Repair, Inc. 07/27/2022 159.00 77455 CALIF042 California Building Standards 07/27/2022 229.50 77456 CAR QUEST Carquest 07/27/2022 27.30
77457 Cat Spec Cat Specialities Inc 07/27/2022 314.48
77458 LOSANG33 County of Los Angeles 07/27/2022 582.82
77459 DELONG Delong Unlimited 07/27/2022 2,799.25
77460 DEPART06 Department Of Animal Care 07/27/2022 6,863.23 77461 BALLOO Carol Diess 07/27/2022 15.00
77462 ECOLABOl ECOLAB 07/27/2022 307.60
77463 BATEOl Elior Inc. 07/27/2022 3,263.70
77464 ENVIR005 Environmental Science Associates (ESA) 07/27/2022 36,214.27 77465 FOOTHOl Foothill Communications, Inc. 07/27/2022 300.00 77466 GEO LOG Geologic Associates 07/27/2022 17,758.50
77467 HASAOl Hasa Inc. 07/27/2022 1.449.93
77468 HOSEMA Hose-Man, The 07/27/2022 78.20
77469 INTELLO! lntelli-tech, Inc. 07/27/2022 724.00
77470 ITERJS lteris, Inc. 07/27/2022 900.00
77471 COOR YE Samir M. Khoury 07/27/2022 2,995.00
77472 KJSERVOl KJ Services Enviromental Consulting LLC 07/27/2022 1,041.25 AP Checks by Date - Summary by Check Number (7/20/2022 5:33 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
77473 LAND SC Landscape Warehouse III Inc. 07/27/2022 733.34 77474 LAWEOI Law Enforcement Medical Services, Inc. 07/27/2022 150.00 77475 LEXI SN LexisNexis Risk Solutions 07/27/2022 151.50 77476 LINCOL03 Lincoln Aquatics 0712712022 8,953.29
77477 LINNOI Deborah Linn 07/27/2022 1,875.00
77478 MAINTEOI Maintex 07/27/2022 1,108.16
77479 MARJPO Mariposa Landscapes, Inc. 07/27/2022 8,796.00 77480 MERCUR Mercury Fence Co., Inc. 07/27/2022 985.00
77481 MOTOROI Motorola Solutions, Inc. 07/27/2022 13,577.05 77482 NATION25 National Auto Fleet Group 07/27/2022 54,306.80 77483 NORMOI Norm's Refrigeration, LLC 07/27/2022 350.64 77484 OFFICE03 Office Depot 07/27/2022 1,791.36
77485 PHASEII PARS 07/27/2022 1,750.00
77486 PERF03 Performance Elevator Contractors, Inc. 07/27/2022 720.00 77487 RJGHTO! Right of Way, Inc. 07/27/2022 2,533.65
77488 SHIOI SHI International Corp. 07/27/2022 294.46
77489 SIERRA02 Sierra Chrysler/Dodge/Jeep/Ram 07/27/2022 1,556.90 77490 STOTZOI Stotz Equipment 07/27/2022 2,206.11
77491 ULTRAS Ultrasystems Environmental Inc 07/27/2022 6,842.49 77492 WALTO! Walters Wholesale Electric Co. 07/27/2022 2,746.19 77493 WESTC005 West Coast Arborists, Inc. 07/27/2022 7,000.00 77494 AD VANT Advantage Ford 07/27/2022 208.32
77495 B&BTIR B & B Tires Service 07/27/2022 149.94
77496 BAK.ERO! Baker & Taylor Books 07/27/2022 7.38
77497 DUDEOI Brightly Software, Inc. 07/27/2022 4,199.10 77498 DELONG Delong Unlimited 07/27/2022 1,074.94
77499 BALLOO Carol Diess 07/27/2022 15.00
77500 DOGWASOI Dog Waste Depot 07/27/2022 302.18
77501 HDLOI Hdl Software, LLC 07/27/2022 10,372.23
77502 LAOPIN!O IMPREMEDIA OPERATING COMPANY, 07/27/2022 667.50 77503 INTERS02 Interstate Batteries 07/27/2022 169.16
77504 JOHNNY02 Johnny 1s Pool Service 07/27/2022 81.53
77505 LANCES Lance, Soll & Lunghard LLP 07/27/2022 13,000.00 77506 LAND SC Landscape Warehouse III Inc. 07/27/2022 199.21 77507 MIDAS Manuel C Muratalla 07/27/2022 1,206.61
77508 MO UNTO I MNRO Holdings, LLC 07/27/2022 114.24
77509 MOBI02 Mobile Citizen, LLC 07/27/2022 1,200.00
77510 PRO PRINT Pro Printing, Inc. 07/27/2022 1,961.45
77511 PACIFI13 Rene David LTD 07/27/2022 323.80
77512 RJCOH02 Ricoh USA, Inc 07/27/2022 1,673.13
77513 SANGAB13 San Gabriel Valley Council 07/27/2022 10,140.45 77514 SIR CHI Sirchie Finger Print Lab. Inc 07/27/2022 64.86 77515 SWANKO! Swank Motion Pictures, Inc. 07/27/2022 465.00 77516 XAVOI Xavus Solutions LLC 07/27/2022 2,299.50
Report Total (148 checks): 456,815.15
AP Checks by Date~ Summary by Check Number (7/20/2022 5:33 PM) Page3 Cityef
CC & SA Item 1C
HA Item 18 IZICity Council
IZISuccessor Agency
IZI Housing Authority IRWINDALE....___ ___ ____,
D Reclamation Authority
D Joint Powers Authority
Date: July 27, 2022

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
Successor Agency Board
Housing Authority Board
From:

Issue:

Julian A. Miranda, City Manager/Executive Director
Investment Quarterly Report for June 30, 2022
City Manager/Executive Director's Recommendation:

Receive and file the Investment Quarterly Report for June 30, 2022.

Administrative Action:

Submitted and Prepared by:

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

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

Julian A. Miranda, City Manager/Executive Director
Background and Analysis:

Electronically Approved
California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City's adopted investment policy (City's Investment Policy). 01005.00011693677.1 Page 1
The City's Investment Policy applies to all funds held by the City, Housing Authority, Successor Agency, and Reclamation Authority. The Reclamation Authority's funds are included in the City's cash and investment balances.

The attached Investment Report summarizes the cash balances and investments as of June 30, 2022 for each agency. The City of lrwindale's balances include investments of all funds of the City and its agencies, which are pooled to maximize the interest yield. The cash balances in the general account with Bank of the West also include all funds of the City and its agencies, which also earn interest on the pooled cash balances.

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

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation Authority are pooled to maximize interest yields. The Reclamation Authority Board is not scheduled to meet again until September 14, 2022. Therefore, this same Investment Report will be included in the Reclamation Authority's Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

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

Attachment:

City of Irwindale Investment Report - June 30, 2022
Page2

DESCRIPTION OF SECURITY

CITY OF IRWINDALE

INVESTMENT REPORT
June 30, 2022

PAR VALUE/

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE MATURITY

DATE DATE
CITY OF IRWINDALE (POOLED ·ALL FUNDS. INCLUDING RECLAMATION AUTHORITY) BANK OF THE WEST GENERAL ACCOUNT $ 5,413,789 0.36%
LOCAL AGENCY INVESTMENT FUND (LAIF) $ 49,633,344 0.86%

US GOVERNMENT AGENCIES

FEDERAL HOME LN BKS CONS BD (FHLB)
FEDERAL FARM CR BKS CONS SYSTEM\/\llDE (FFCB)
FEDERAL FARM CR BKS CONS SYSTEM\/\llDE (FFCB)

FEDERAL HOME LN BKS CONS BD (FHLB)

FEDERAL HOME LN BKS CONS BD (FHLB)
FEDERAL FARM CR BKS CONS SYSTEM\/\llDE (FFCB)

FEDERAL HOME LN BKS (FHLB)
SubaTotal US Government Agencies:

Total City of Irwindale Investments (Pooled Funds):

HOUSING AUTHORITY (Funds 11 & 121

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)
SUCCESSOR AGENCY <Funds 50-661

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)

GRAND TOT AL OF INVESTMENTS
$ 5,000,000 0.52o/o
5,000,000 0.58o/a
3,000,000 0.90o/o
5,000,000 1.00o/o
5,000,000 0.50°/c
5,000,000 0.87o/o
5 000 000 0.50o/o
$ 33,000,000
$ 88,047,133
$ 474,855 0.36°/o
7 425 364 0.86o/o
$ 7,900,219
$ 203,377 0.36o/o
13 309 493 0.86o/o
$ 13,512,870
$109,460,222
07/28/21 01/28/25
06/23/21 06/23/25
06/15/21 06/15/26
06/30/21 06/26/26
06/30/21 06/30/26
07/28/21 07/28/26
07/29/21 07129126
MARKET
VALUE
$ 5,413,789
$ 49,633,344
$ 4,694,700
4,632,000
2,766,330
4,623,800
4,621,400
4,608,950
4 665 000
$ 30,612,180
$ 85,659,313
$ 474,855
7 425 364
$ 7,900,219
$ 203,377
13 309 493
$ 13,512,870
$107,072,402

INVESTMENT
RATING
AAA
AA+
AAA
AAA
AAA
AAA
AAA
This investment portfolio is in conformity with the City of lrwindale's Investment Policy which was approved by City Council on June 8, 2022.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1. 1 O years, and the weighted average yield of the City's pooled investments at cost is 0. 780°/o. Market prices of securities are obtained directly through Bank of the West. Due to timing, Bank of the West General Account balances are pre-reconciled and yield rates are based on the prior month account analysis statement.

Approved by Kambiz Borhani, Finance Director I City Treasurer 121 City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: July 27, 2022
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: 4th of July Community Events
City Manager's Recommendation:

CC Item 10
That the City Council approve the 4th of July Community Events as permanent events provided by the Irwindale Recreation.

Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

On February 23, 2022, City Council approved three separate community events in celebration of the 4th of July in lieu of the one day celebration the Irwindale Recreation hosts each year. As part of the approval, the City Council requested staff provide a review of all three festivities upon culmination to determine the success of these events and to decide whether to continue these events on three separate days in years to come.

The Irwindale Recreation debuted the Red, White and You BBQ (BBQ), the first event, on Saturday, July 2, 2022. The BBQ provided the community with fun filled activities such as gunny sack races, performances, and contests including the Safe and Sane Poster contest, Patriotic Home Decorating Contest, watermelon eating contest, and a patriotic 01005.0001/804995.1 Page 1
pet contest. There were free games, crafts, and jumpers for children, photo opportunities, Community Service information booths, and over 50 arts and crafts and food vendors.

The second event occurred on Monday, July 4th, where residents and visitors alike were treated to the annual 4th of July Fireworks Spectacular.

An additional Music in the Park featuring Fortunate Son, a Creedance Clearwater Revival cover band, was added to this year's lineup on Thursday, July 7, 2022 as the third event.

Staff recommends these three events continue on a permanent basis under the leadership of the Irwindale Recreation. The Red, White and You BBQ will continue on the Saturday before 4th of July with the Fireworks Spectacular continuing on the 4th of July.

Music in the Park will be held on the Thursday during the week of 4th of July. When 4th of July lands on a Thursday, Music in the Park will not be offered that day. July 4th will land on a Thursday in 2024 and 2030.

Fiscal Impact:

The funding for future events along with additional program activities, supplies and/or entertainment offerings will be appropriated during the corresponding annual budget development.

Page2
'2JCity Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 27, 2022
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1E
Issue: Cancellation of the August 10, 2022 City Council meeting City Manager's Recommendation:

Adopt Resolution No. 2022-73-3323 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, CANCELLING THE AUGUST 10, 2022 REGULAR CITY COUNCIL MEETING."
Administrative Action:

Prepared I Submitted 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
Background and Analysis:

Staff is proposing a summer legislative recess, cancelling the August 10, 2022 City Council meeting. The cancellation of this meeting affords additional time for planning and review of current projects and programs, as well as providing an opportunity for elected officials and staff to better manage their respective workloads. It is not an uncommon practice in neighboring cities to cancel one or more meetings a year with proper notice to the members of the public.

Fiscal Impact:

There will be a cost-savings as no additional staff time will be utilized for overtime.

Attachment:

Proposed Resolution No. 2022-73-3323

RESOLUTION NO. 2022-73-3323

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, CANCELLING THE AUGUST 10,
2022 REGULAR CITY COUNCIL MEETING
WHEREAS, the Regular City Council Meetings are held on the second and fourth Wednesday of every month, beginning at 6:30 p.m.; and WHEREAS, staff is proposing a summer legislative recess by cancelling the August 10, 2022 regular City Council meeting;
WHEREAS, the cancellation of this meeting affords additional time for planning and review of current projects and programs; and WHEREAS, considering these factors, the City Council finds that it would be prudent to cancel the meeting of August 10, 2022.

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

SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution.

SECTION 2. The City Council of the City of Irwindale hereby cancels the regular City Council meeting scheduled for August 10, 2022.

SECTION 3. The Chief City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Irwindale at a regular meeting held on the 27th day of July 2022.

Larry G. Burrola, Mayor
Resolution No. 2022-73-3323

ATTEST:

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

CITY OF IRWINDALE }
I Laura Nieto, Chief Deputy Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-73-3323 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 27th day of July 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-73-3323

lZI City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 27, 2022
City of

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1F
Issue: Rejection of Claim: Maggie Guzman vs. City of Irwindale.

City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Maggie Guzman vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

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
Background and Analysis:

On May 23, 2022, the City received a claim for damages from claimant Maggie Guzman.

Claimant Guzman alleges that damages were caused in her apartment from a faulty water heater in another apartment unit.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim on the basis that Northridge Corporation owns and maintains the building's involved water heater, and there is no liability on behalf of 01005.0001/805379.1 Page 1
the City of Irwindale. Accordingly, staff is recommending that the City Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Rejection Notice to City from Carl Warren & Co.

Claim for Damages received May 23, 2022
Page2
Rejection of Claim
Guzman, Maggie vs. City of hwindale
A @vENBROOK Company
Iuly&,2022
TO: City of Irwindale
ATIENTION: Lama Nieto
RE: Claim
Claimant
Member
Date Rec'd by Mbr
Date of Event
CW File Number
Guzman vs_ Irwindale
Maggie Guzman
City of Irwindale
5124122
811121
30331671.MV
Please allow 1his correspondence to acknowledge receipt of the captioned claim. Please take the following aclion:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejeclion notice to the claimant. An exemplar copy of a Proofof Mailing is attacbed. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel ftee to contact the assigned adjnster or the undersigned claims specialist
01005.0001/805379.1
Vety Truly Yoms,
CARL WARREN & co_
T~ fv(. Va.row
Timothy M. Varon
Claims Supervisor
PO Box2411, Tustin, CA 92781
T: 657-622-4200 ! F: 866-254-4423 f www.cartwarren.com
CA license 112607296

Rejection of Claim
Lopez Robledo vs_ City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

1. Claims for death, injury to person or to personal property must be filed not later than 6 months after the occurrence.

2. Claims for damages to real property must be filed not later than 1 year after occurrence.

RECEIVED
MAY 2 3 2022

3. Read entire claim before filing. CITY OF IRWINDALE

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 ro: City of Irwindale
Name of Claimant
Business Addr;Ji;~· of Claimant
Clerk's Official
Filing Stamp
Claimant's Date of Birth
Claimant's Occupation "12e. +; rec.I. R
tri6a\e... SaNDiL ~ssi e:. IL
Home Telephone Number
Business Telephone Number
1\5/ AName and address to which you desire notices or communications to be sent regarding this claim:
/\ln 66:1:'£'. b lJl ::b{'{'Qn
When did DAMAGE or INJURY occur?
Date:D& -0/ - d..t:d/ Time: J: DD A-fL ');:_,
If claim is for Equitable Indemnity, give date
claimant served with complaint: _____ _
Name~ of any City employees involve'1111 INJURY or DAMAGE Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names. addresses. anrl mP.asurements from landmarks:
:Iiliu; \\ dck )&.1. . C{ l --=i-blo
LLlLLY WM ,lfllLlli (tq -bM ilir Lord; h611.&IL.--t daM.a~,,,J, J.Li. ruj fw.,-~ 1 v'\ ~··. \M\\W:L~~ ~ ~O.~v't'.DtY\ Cl~ \o_a_J,IDD«l <
Claimant's Name:

Uv'.\G_tilG G.u::DfY\a"'
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation. \ll c£)) '61:> 1. ~ "".'jze: a_~~ u2L'..&(fs ~Q (.L)crz.L ~FY.

Give estimated amount of future losses due to INJURY or DAMAGE:

Was damage and/or injury investigated by the police? i\ 10 If yes, what City? Were paramedics or ambulance called? !:\~!> If yes, name City or ambulance If injured, give name and address of your doctor and the date and time of your first visit: /oJ[o, '1 L::Q - f.a?S.t l biJL d~~ q~~ -;;:,, ~k ~2.D-::f ~ Coo, i"l.12. C A Ci 1-:}q b fZ;C[ ,!]
Doctors and Hospitals:

Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:

Name f\f\il ~£, Address_ --· -- PhonE
Name Li!'.lClQ Dclh.f\\_ Address Phone

READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street corners.

If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1 ". Mark the point of impact with an "X". Note:

If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J
7/\\ II
LJ !ndicateQ
North
Si;r~of Claima~t ~er th:;;;::ndicate relationship) ~=: ~ibfMrl ;~j'. ,;Jade; Note: CJ m must be filed · h the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72) How doers
get more done ..

RE MAMAGER LESLIE STE\·/ART · mnlIDAD
IE A STEWART·TRIMlDAD®HUMEDEPoT,COM
; 00010 56845
: CASHIER RESA
08/29/21 10: rn AM ..
185051068 INT PAINT <A>
:EHR PPI 2050 EGG UPW 12802
!@28. 98 57. 96
1-999-832 GL Reeve$ <A, U>
'AINTCARE FEE
'®0. 75 1.50
177443804 3G SW WH <A> 1. 62
IG WHT TOGGLE S\/ITC~i WALLPL T
177086926 1G SW 11H <A>
iG WHT SWITCH WALLPLT
[email protected] 1.14
!77212042 3G WP, WH <A> 2. 68
lG \/HT NYL MIDWAY SWITCH WALLPl.T
177211892 1G WP, \IH <A>
lG 11HT NYL MIDWAY OUTLET \IALLPLT
[email protected] 7.04
1Ali REFUND VALUE $5.98/11
-------Instant Vol Savings-----···-··-···
1 Instant Vol Savings -1.06
f RETURN ALL ITEMS FOR A FULL Fil:FUNIJ
>IXX8022
1 CODE 008976

SUBTOTAL
SALES TAll
TOTAL
CHECK
· NON-DISCOUNTABLE ITEM

70.88 7.27
$78.15

78.15 TA
·~1111~1~~1~~1~~1~1111~1~1111~11 A
1845 10 56845 08/29/2021 2125

RETURN POLICY DEFINITIONS
POLICY ID DAYS POLICY EXPIRES Oi'
1 90 11/27 /2021
hen you pr·ov i de a chE:c.:k a5 1:.ia.yme:nt , authorize us to use the i rrformert i 011 om yarn~ check to pr·oce::is a one-time
Electronic Funds T1~ar1sfer~ (EFT) or
draft drawn ·r1~0111 your acc:ount, or~
proct1ss t1·1e paJ/ment as a c!1eck
ansaction. You also ctlltho(·ize us to p1~00ess cr·edit adjustm&nts, jf • . . ·'·,. .,...., ....... ·--· ·~~--+ . - How doers
get more done ..

STORE MANAGER LESLIE STEWART·TRINIDAD
l ESLIE A STEWART· TRlN][JViJ@HUMEDEPOT. COM
1845 00010 70861 09/04/21 10:41 AM

SALE CASHIER SUSAMNA
4712947801645 58X64 \·/HITE <A>
58)164 PVC MB CDRDLESS-~/HITE
[email protected]
4719867349493 29X64 WHITF <.~-
29X64 PVC MB CORDLESS-WHITE
4719867349585 46X6'1 \'/HITE <A>
46X64 PVC MB CORDLESS· WHITE
[email protected]
672288061365 Rl. RAGS 1 LB ,A, ROLL·O·RAGS 1LB
077089003116 4PCTRAYK1T <A>
BETTER 4 IN TRAY SET
078477086933 1Ci DUP WH <A>
1G WHT DUPLEX WALi.PU
[email protected]
078477772973 2G SW/DUP flH ,,,, 2G WHT SWITCH/DllPLE>< f/,1L.LPL T [email protected]
078477086926 lG S~I 11H <A>
1G WHT SWITCH \'IALLPLT

SUBTOTAL
SALES TA>I
TOTAL
llXX>OOOIX>IX)IJ(7491 DEBIT
G2, 00

7.98 36. 74
'I. 98

5.78 0.75

2.40 0.:18
121. 02
12,40 $1'.~3.42
USO$ 133.42
AUTH CODE 000556
Cl1i p Reacl
AID A0000000042203
Ve1"ifiecl By PJN
Del.lit
184
11111~1~~,~~1~i1~1~1111~1rn1111m l AM
1845 10 70861 09/04/2021 7661

RETURN POLICY DEFINITIONS
POLICY lD DAYS POLICY EllPIRES ON
A 1 90 12/03/2021
i~AAk~~~~••Ak~~~AkX~lKX7k*K~~~~xxxx~~n~
DID WE NAIL IT?
Take a short srn-vev "for- El l.:1"1anco TO \·/IN
A $5. 000 HOME llEPO I LiIFT CAl<D
Opine en espa1"10 I
www. l1otnedepot. t;Om/survey
How doers
get rnore done
STORE MANAGER LESLIE STEWART·TRHIIDAD
LE'SLJ E A STEWART· TRINJDAD@HOMEOEPOT COM
18~5 00012 12083 08/28/21 09: 56 Al

SALE CASHIER SANDRA
678885051068 INT PAINT <A>
BEHR PPI 2050 EGG IJPW 12802
[email protected] 57.96
0000·999·8'.l2 GL Recyc$ <A U>

PAINTCARE FEE '
[email protected] 1.50
670885051280 rnr PAINT <A> 33.98 ... BEHR PPI 3050 SG UPW 12802 UUU0-999-332 GI. f(ec11c$ <A U> 0, 75

PAINTCARE FEE '
051141320328 1.5" Ml.JU EL <A>_ 8.48
SCl1TCHBLUE 1.41" SHARP LINES 20'13EL

SUBTOTAL

SALES TAX
TOTAL
XXJIXXXlOIXllX)C7491 DEBIT
102. 57

10.52 :"113,19
AUTH CODE 001'174
Cnip Reaci
USO$ 113.19
AID AOOOOOOOO'i2203
Ver·i fi ed By Pm
Debit
.<U> · NON·DISCOUNTABLE ITEM
184
i1111~1M~i~1~1~1~1111~1~1l1111 1845 12 12083 08/28/2021 6460 AM

RETURN POLICY DEFINITIONS

POLICY ID DAYS POLICY EXPIRES ON
A 1 90 11126/2021
*ll:**********"N***********k*******x******
DID WE NAIL IT?
Take Cl ":>ho1t sur·vt!y for a chance ro \'/IN
A $5,UOO HOME DEPOT GIFT CARD
Opine en esparlol
www. homedepot . com/ sur ve\1
Entr:ies rnu::.t be completed within 14 days nT f\Jtr·r·ho·o.;:(, C,-..~, .. ....,, .. +,_ _,,,~ ... I~- -<n ... 000
~ f5 3? m z m
~ !!! ~ " 0 ~ " " o m 0
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-
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c::

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Ciel
.er;::-
Cl
Uo
MAGGIE S. GtJizMAN
IRWINDALE, CA 91706-2185
(
90-382.0/1~ . '
!'~· f 1773
DATE '(}:&.Cf. _2o:;;:v
Reference
::iAYABLETO

PURCHASER'S RECEIPT - RETAIN FOR YOUR RECORDS
* PACIFIC WESTERN BANK
Beverly Hills, CA 902U

MEMORANDUM
862228
90-3820/1222
CASE NO.,"-}_--'-------
CATI!: SUSSEQUENTVISfTS ANCt FlNDINGS

MO CAY YA
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STAILEY STEEMER.
>lAME
\DD RES~
~lTY I STATE I ZIP
2ND#

COMMENTS I INSTRUCTIONS
' PERSONAL H©ME A.NiABXiSIS
D What is the approximate age of the carpet I
upholstery to be cleaned? ______ _
D Have you ever had your carpet I upholstery
cleaned professionally? Yes D No 0
D Ho'\v often do you clean your carpet I
upholstery? 6 Mo. O 1 Yr. D Other __
D Have you ever had your carpet f upholstery
treated with a protector? Yes D No 0
D Have you ever used any type of carpet I
upholstery deodorizer? Yes D No D
O Do you have a product to treat accidental
spills? Yes 0 No D
D Are there any difficult spots or areas that
need special attention on any of your
carpet or upholstery? Yes D No D
0 Do you have pets? Yes D No O
D Explained protection.

D Sun fading of carpet D Excessive carpet wear
or upholstery.

D Stains on baseboards.

D Carpet splitting and
separation of seams due
to poor installation.

D Excessive soap prior lo
our cleaning.

D Mildew stains.

D Assorted colored spots
pennanent discoloration
soda orange juice
cosmetics
and fiber breakdown.

D Furniture stains.

D Animal stains/pet odor.

D Carpet swells or ripples
due to poor instatlation.

D Carpet nap runs in
opposite direction. May
show up as dirty.

D Other:

D Raked all cleaned areas.

D Protective coasters
and blocks put in place.

Leave in place for
____ days.

Customer initials ___ _
!Inv.#:

NIJLEAGE METER 0 Cash
0 Check#-------- 1----t-----+-----I
1-----1-----1-----1
0 Credit
App#
Card:
-------
V MC D L Office:

Ref# ________ _
1---.,----+---i----+-----i D On Account
0 Tax Exempt#

ITEMS /AREA CLEAN PROTECT
Carpets loose at seams or along walls or concrete floors, or that have been incorrectly or defectively installed, are cleaned at customer's risk. Carpets that have been exposed to pets may sometimes not be able to deordorize effectively.

Any questions concerning our workmanship must be reported within 10 days after completion of work or will be subject to a service charge at our option.

WARNING: Customer acknowledges being informed and understands that carpet is damp during and aftercleaningand that care should be taken in stepping onto non~carpeted surfaces. to. avoid ~liJ!pi~ig) and he~eby releases. Stanley Steemer from any and all hab11ity for mJur1es which might be sustained as a result thereof. I HAVE READ AND FULLY UNDERSTAND THE ABOVE. x
Customer's Signature Tumu: P.1)·m•nl due uron C<Jmplo1ion or work.

DEODORIZE TOTAL

SUBTOTAL

DISCOUNT AMOUNT
TAX
76446
Your next cleaning is due on: That date has been: D Scheduled D Not Scheduled CC Item 1G
GJCity Council atv o/ D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority

IRWINDALE

AGENDA REPORT
Date: July 27, 2022
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve a Contract with California Consulting, Inc. for Grant Writing Management Services on a Month to Month, Retainer Basis.

City Manager's Recommendation:

That the City Council adopt Resolution No. 2022-72-3322 entitled, "A RESOLUTION OF

THE CITY OF IRWINDALE, WAIVING THE FORMAL BIDDING REQUIREMENTS,

APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA CONSUL TING, INC. FOR GRANT WRITING MANAGEMENT SERVICES, AND

APPROPRIATING MONIES FROM THE GENERAL FUND'S UNASSIGNED FUND BALANCE".

Administrative Action:

Prepared /Submitted by:

Theresa Olivares, Assistant City Manager
(626) 430-2294
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:
~
at L£--~-­ /U_ -
Successful grant writing requires a specific level of expertise and familiarity with various grant writing processes and procedures. City staff has actively sought out grant opportunities, however; the grants received have been very limited.

California Consulting CEO, Steven Samuelian met with City staff on July 11, 2022.

California Consulting provides comprehensive grant writing, management and evaluation services for many municipalities and school districts throughout the State of California.

The process begins with a comprehensive Needs Assessment, where the Consultant's staff meets with City staff to identify high priority funding areas. A team of grant writing professionals will identify and apply for funding opportunities that meets the City's identified needs. City Staff works hand in hand with the consultant to provide the necessary data to complete and submit competitive grant applications on behalf of the City.

As the community needs increase and viable revenue sources decrease, it has become more important to capture alternative funding sources. Based on discussions with California Consulting and a cursory review of their weekly grant opportunities list, there are numerous grant opportunities for the City of Irwindale, depending on eligibility. Of particular interest is grant opportunities for the Irwindale Park Improvements Project Phases IV and V, the Recreation Capital Improvement Project, and the Library Capital Improvement Project. California Consulting has worked with neighboring agencies and has successfully completed grant applications on behalf of the cities they represent.

The City of Irwindale would benefit from utilizing California Consulting in the following ways:

1. Prioritization of projects in need of grant funding;

2. Expertise in applying for various grant opportunities (Federal, State, County and private foundation); and

3. Assistance in the long-term development of an effective grant-writing program.

California Consulting will provide monthly reports to the City, which will include grants in progress, grants submitted, grants pending and grants awarded. In addition, they will provide the City with a monthly email list of current and upcoming grant opportunities specific to our needs.

Section 3.44.080(0) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining" Because successful grant writing requires a specific level of expertise and familiarity with grant writing processes and procedures, the contract with the consultant would be a unique service provided to the City, such that the City Council may waive formal bidding requirements. Staff is requesting the City Council consider this contract in order to allow the City to apply for various grant opportunities.

Fiscal Impact:
$4,500.00 per month plus a not to exceed amount of $300 per month for reimbursable of out of pocket expenses, for a total contract amount of $57,600.00 from the General Fund's Unassigned Fund Balance. Out of pocket expenses are actual costs expended for grants to include, mileage costs for grant writers to attend meetings with and behalf of the City, conference calls at the request of the City, cost for copies and/or mailing costs for grant applications where agency requires hard copies be submitted rather than online. The Agreement has a 30-day cancellation notice requirement.

Attachment:

1. Resolution No. 2022-72-3322

2. Grant Writing Proposal
01005.0001/805205.1 Page3
Attachment #1
RESOLUTION 2022-72-3322

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

WAIVING THE FORMAL BIDDING REQUIREMENTS, APPROVING A

PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA CONSUL TING, INC. FOR GRANT WRITING MANAGEMENT SERVICES, AND

APPROPRIATING MONIES FROM THE GENERAL FUND'S UNASSIGNED

FUND BALANCE
WHEREAS, successful grant writing requires a specific level of expertise and familiarity with various grant writing processes and procedures; and WHEREAS, it has become more important to capture alternative funding sources as the community needs increase and viable revenue sources decrease; and WHEREAS, California Consulting, Inc., provides comprehensive grant writing, management and evaluation services for many municipalities and school districts throughout the State of California, and
WHEREAS, the month to month retainer of $4,500.00 plus a not to exceed amount of $300 per month for reimbursable out of pocket expenses will not exceed an annual total of $57,600; and
WHEREAS, the City Council desires to approve the appropriation from the City's General Fund Reserve Balance in an amount not to exceed $57,600; and WHEREAS, Section 3.44.080(0) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining."

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

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

SECTION 2. The City Council, pursuant to Paragraph D, of Section 3.44.080 of the Irwindale Municipal Code finds that successful grant writing requires a specific level of expertise and familiarity with grant writing processes and procedures such that the Agreement for Professional Services with the California Consulting, Inc. would be a unique service provided to the City, and the formal bidding requirements are hereby waived. 01005.0001/805204.1 Resolution No. 2022-72-3322

SECTION 3. The Agreement for Professional Services for grant writing management services with California Consulting, Inc. attached hereto as Exhibit "A" is hereby approved and the City Manager is authorized to execute the same.

SECTION 4. The City Council hereby appropriates $57,600.00 from the General Fund Unassigned Fund Balance for purpose of entering into an agreement with California Consulting, Inc. for grant writing management services.

SECTION 5. That 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 27th of July, 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. 2022-72-3322 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of July 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: · Councilmembers:

Resolution No. 2022-72-3322

Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibit "A"

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND
CALIFORNIA CONSULTING, INC.

This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 1'1 day of August, 2022 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and CALIFORNIA CONSUL TING, INC., a California corporation ("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:
a) 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.
b) 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 Fifty-Seven Thousand Six Hundred Dollars and No Cent ($57,600.00) ("Contract Sum").

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall 01005.0001/805143.1 1
detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), 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 the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

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

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. c) PERFORMANCE SCHEDULE
3 .1 Time of Essence. Time is of the essence in the performance of this Agreement.
3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, 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 01005.0001/805143.l -2-
ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for 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").
d) COORDINATION OF WORK

4.1 Representative of Consultant. Steve N. Samuelian, CEO is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

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

4.3 Prohibition Against Subcontracting or Assigmnent. 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 assigmnent 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.
e) 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:
01005.0001/805143.l -3-
(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 if a 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) inclucling "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 Liabilitv. 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.

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 01005.00011805143.1 -4-
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 of Insurance 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 performance 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 ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, 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. f) 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 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.
01005.0001/805143.1 -5-

6.3 Confidentiality 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 assigmnent 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. § IOI, such documents and materials are hereby deemed "works made for hire" for the City.
g) ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to perfonnance 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 of litigation 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. 01005.0001/805143.1 -6-

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 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 non-terminating 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 01005.0001/805143.l -7-
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.
h) MISCELLANEOUS

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

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

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

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in 0 l 005.0001/805143.1 -8-
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 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.]
01005.0001/805143.1 -9-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura M. 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:

CALIFORNIA CONSULTING, INC.

By: ______________ _
Name: Steven N. Samuelian
Title: CEO
By: ______________ _
Name:

Title:

Address: 214 Main Street, Suite 102
El Segundo, CA 90245
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0001/805143.1 -10-

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature:

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

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 01005.0001/805143.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary pnblic 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, accnracy 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 signatnre(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 nnder the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signatnre:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0001/805143.1
EXHIBIT "A"

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

A. Needs Assessment (Meetings with Department Heads to review priorities and funding needs): Consultant to conduct an in-depth Needs Assessment for the City.

Consultant will assign City with a lead Project Manager. The Project Manager will communicate regularly with the City and on an ongoing basis. This relationship building between the City and the Consultant is key to keeping the grants pursued on target with the City's overall goals. Sample questions asked during the Needs Assessment:

1. List and describe any program initiatives or priority projects.

2. What needs, projects, or content areas would you like to target for funding? You can list specific projects or general areas in which you have funding needs.

3. List any grants for which you are considering applying or have decided to apply.

In addition, please list what kind of grant-writing support would be helpful for each grant.

4. List past grants that your agency has received.

5. List past grant applications you would like to revise and submit again.

B. Facilitation of Department Decision Making Processes: Consultant's Project Managers are experts on grant identification. With years of experience, City's assigned Project Manager shall assist City staff in deciding which grants make the most sense to meet the funding needs identified.

C. Grant Research and Identification: Consultant's Project Manager's conduct thorough research on an ongoing basis. Consultant will track current and upcoming grants, advising City on available grants and recommend grants based on City's needs. By regularly tracking grant announcements, Consultant is able to present grant opportunities to the City as soon as they are released. Consultant will provide City with a monthly Grant Activity Report detailing the grants available, grants in progress and grants submitted. Consultant will provide City with available grant opportunities on an ongoing basis.

D. Client Commitment: As Consultant identifies grants that meet the City's needs and funding priorities, the Consultant's Project Manager will advise the City of the estimated time commitment required from City staff.

E. Grant Preparation Process: When City staff and Consultant agree to pursue a grant, a checklist and schedule will be developed. The checklist and schedule will include City responsibilities and submission deadlines. Consultant requires City staff to be involved in the grant preparation process and to provide the requested and required information. The Consultant's Project Manager will provide the City with grant portions along the way to review for content accuracy. City engagement in this process results in a higher quality application. Consultant retains copies of all grants submitted. Successful grant applications are used by the Consultant as a guide for future grants. Below is a list of general tasks for the Consultant's grant process:
01005.0001/805143.1 B-1

1. Create a task timeline with due dates

2. Ensure the proposed project meets the City's requirements

3. Review similar successful grant applications and apply where possible

4. Collect information on the project

5. Meet with City staff to create an accurate scope of work, budget, time line, narratives, and cost analysis

6. Obtain letters of support when necessary

7. Draft proposals and send to City for review

8. Incorporate City edits in final drafts

9. Submit completed application timely

10. Monitor funding agency until grant awards are announced.

F. Quality Assurance: Consultant's Grant Managers will meet individually with its Project Manager to review the City's needs. These meetings will thoroughly discuss the City's needs, what grants are being worked on and what additional grants may be a good fit.

Consultant ensures the best quality product before the grant application is submitted.

G. Facilitation of Partnership Meetings: Consultant's Project Managers will arrange and schedule meetings with key City personnel to review all grants prior to submission to ensure application accuracy.

H. Timely Submission: Consultant will create a precise timeline to ensure the grant is submitted on time. This timeline captures the submission deadline, and other deadlines in order to obtain the information needed for a quality submission.

I. Funding Agency Monitoring: Consultant will monitor the Funding Agency until grant awards are announced.

J. Grant Administration: Some grants require post award compliance, reporting and administration. Consultant will prepare required reports and submit them by the required due date. The Contract Sum includes grant administration services by the Consultant. If the grant award includes post award compliance funding, the City may 1) perform the grant administration using the post award compliance funding; or 2) solicit bids or proposals from vendors to perform the grant administration using the post award compliance funding.

K. Monthly Progress Reporting: Consultant will prepare a monthly report reflecting grants in progress, grants submitted and grants awarded. This will provide the City with a clear report of the Consultant's work.

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

A. Copies of all post-grant award filing of documents required by the awarding entity.
0 I 005.0001/805143. l
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.

IV. Consultant will utilize the following personnel to accomplish the Services:

A. Steven N. Samuelian, CEO
01005.00011805143.1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

1. Section 8.12 is added to this agreement by adding the following language:
"8.12 No Guaranteed Result: City acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results.

Consultant, however, shall act in good faith toward the performance of its duties described above."
01005.0001/805143.1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Based on the Tasks A through K as described in Section I of Exhibit "A", Consultant shall perform the Services for a fixed rate of Four Thousand Five Hundred dollars ($4,500.00) per month, irrespective of the number of hours that Consultant actually spends providing said services.

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.

III. The City agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the City in an amount not-to-exceed Three Hundred Dollars ($300) per month. Such expenses typically might include but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide City with a receipt and a description of the expense with the invoice.

IV. The total maximum compensation for Services during the twelve (12) month term shall not exceed Fifty-Seven Thousand Six Hundred Dollars and No Cent ($57,600.00), as provided in Section 2.1 of this Agreement, which includes the monthly fixed rate for the Services as specified in Section I above and maximum amount of monthly expenses as specified in Section III above.

C-1
01005.0001/805143.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continne in fnll force and effective until July 31, 2023.

II. The Services, as specified in Section I of Exhibit A, shall be performed in accordance with the following schedule.

Task Deadline
Task 1: Grant Research All times during the term of this Agreement Task 2: Advisory Services As requested by the contract Officer Task 3: Administration As required by awarding entity and any established deadlines; and in a manner to
ensure City has sufficient time to provide any
documentation timely to the awarding entity
when applicable
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.

D-1
01005.0001/805143 .1
Attachment #2
A Proposal for City of Irwindale
History
Founded in 2004, California Consulting has an excellent reputation for hard work and a commitment to success for our clients. California Consulting is the largest grant writing firm in California. With offices in Southern California, Northern California and Central California, we have almost 90 clients statewide. We have 44 members of our team from Chico in the North, to San Diego in the South. California Consulting has developed an expertise in representing public agencies, and non-profit organizations. We have secured over $1.6 billion for our clients since inception. The California Consulting team boasts approximately 39 grant writers. Through years of experience our grant writers have a proven track record of success and have mastered their skills of identifying, researching, and obtaining funding for significant projects at every level of government. California Consulting grant writers have written over 1300 competitive grant applications that have been funded.

Our aggressive, hard-working, and results-oriented style has translated into success for our clients.

Our professional grant writers are diligent and stay current on every Federal and State grant available on a myriad of different topics and public policy areas. Whether it is recreation, education, parks money, or public safety our grants team knows where to locate grant funds and how to successfully write the applications.

Grant Writing and Management Services
California Consulting is a full service grant writing finn. We are experts in the fields of grant research and identification. We prepare comprehensive and concise grant application packages. We submit grants in a timely fashion and follow through after the grant has been submitted to determine the status of the grant. We also conduct post award compliance and administration. California Consulting has a fundamental business philosophy founded on open communication and tailoring the grants we pursue to fit our client's needs.

1. Needs Assessment (Meetings with Department Heads to review priorities and funding needs):

We learn about the client at the outset of the contract by conducting ru1 in-depth Needs Assessment.

Each client is assigned a lead Project Manager. The Project Manager communicates regularly with the client ru1d on an ongoing basis. This relationship building is the key to keeping the grants pursued on target with the client's overall goals.

Sample guestions asked during the Needs Assessment:
a) List and describe any program initiatives or priority projects. b) What needs, projects, or content areas would you like to target for funding? You cru1 list specific projects or general areas in which you have funding needs. c) List any grants for which yon are considering applying or have decided to apply. In addition, please list what kind of grant-writing support would be helpful for each grru1t. d) List past grants that your agency has received.
e) List past grant applications you would like to revise and submit again.

Pagel of 4

2. Facilitation of Department Decision Making Processes: Our Project Managers are experts on grant identification. With years of experience, your Project Manager will be able to assist your Staff in deciding which grants make the most sense to meet the funding needs identified.

3. Grant Research and Identification: Our Project Manager's conduct thorough research on an ongoing basis. We track current and upcoming grants in order to let our client's know what is available and what we recommend would fit their situation. By regularly tracking grant announcements we are able to present these grant opportunities to our clients as soon as they are released. California Consulting will provide you with a Grant Activity Report monthly detailing the grants available, grants in progress and grants submitted. You will also be provided with available grant opportunities on an ongoing basis.

4. Client Commitment: When identifying grants that meet your needs and funding priorities, your Project Manager will advise you of the estimated time commitment required from your staff.

5. Grant Preparation Process: When your staff and California Consulting agree to pursue a grant, we will develop a checklist and schedule. The checklist and schedule will include what things you will be responsible for and when we will need them submitted. We need your staff involved in the grant preparation process to provide required information we don't have access to. The Project Manager will provide you with grant portions along the way to review for content accuracy. The more engaged you are able to be in this process, the higher quality the application will be.

California Consulting retains copies of all grants we've submitted. If the application was successful, we use it as a guide for future grants.

Below is a list of general tasks for our grant process:
a. Create a task timeline with due dates
b. Ensure the proposed project meets the grant agency's requirements c. Review similar successful grant applications and apply where possible d. Collect infonnation on the project
e. Meet with staff to create an accurate scope of work, budget, time line, narratives, and cost analysis
f. Obtain letters of support when necessary
g. Draft proposals and send to staff for review
h. Incorporate staff edits in final drafts
i. Submit completed application timely
j. Monitor funding agency until grant awards are announced.

6. Quality Assnrance: California Consulting takes pride in our impeccable grant applications. We are successful in this area due to our thorough quality assurance measures. Our Grant Mangers conduct group meetings with all Project Managers regularly. In addition, our Grant Managers meet individually with each Project Manager to review each client. These meetings thoroughly discuss each client's needs, what grants are being worked on and what additional grants may be a good fit.

We ensure the best quality product before the grant application is submitted.

7. Facilitation of Partnership Meetings: Our Project Managers will arrange and schedule meetings with key personnel to review all grants prior to submission to ensure application accuracy.

8. Timely Submission: We create a precise timeline to ensure the grant is submitted on time. This timeline not only captures the submission deadline, but we create other deadlines in order to obtain the information needed for a quality submission. We believe if everyone is on the same page and is aware of what needs to be done, we can limit scrambling at the last minute.

9. Funding Agency Monitoring: California Consulting will monitor the Funding Agency until grant awards are announced.

10. Grant Administration: Some grants require post award compliance, reporting and administration. California Consulting will prepare required agency reports and submit them by the required due date. We propose that to the extent legally allowed, the Client hire California

Consulting as grant administrators when dollars are available from within the grant (at no additional cost to you). When grant dollars from the grant are not available for administration, reporting and evaluation purposes we will provide these services to the Client for a monthly fee, or a one-time fee based on the Client's preference. If the Client chooses the monthly retainer option, grant administration services are included.

11. Monthly Progress Reporting: California Consulting will prepare a monthly report reflecting grants in progress, grants submitted and grants awarded. This will provide you and yonr Council/Board with a clear report on our work.

References
California Consulting references include key leaders from around the State. All of our current clients are references. California Consulting currently has contracts with over 40 cities across California, almost 40 School Districts, Non-Profits and others. A full client list can be obtained at www.californiaconsulting.org.

Pricing
California Consulting offers two different pricing options for Grant Writing services.

Pricing Option I: Monthlv Retainer
California Consnlting' s monthly retainer services include all grant research, grant identification, grant writing, and post award administration as needed. Items 1 - 11 under Grant Writing is included in the Monthly Retainer Services. Below is a more detailed scope of work:

Task Included
in Price
Meet with Client Staff to ascertain needs and <'oals
Conduct back<'round research as reauested bv Client
Provide advice on best grants for Client to pursue based on project and grant requirements , and o-uidelines
Attend meetino-s in nerson or bv teleconference as necessarv Develon schedule for ~ants chosen bv Client "
Prenarino- and writino- all ~ant annlications chosen bv Client " Develon evaluation strateP"ies in accordance with funding agency's instructions " Adhere to decisions made bv Client relatino- to ~ants " Write all sections of o-rant annlications and nronosals " Draft and fmalize o-rant lan<'UaP-e with direction of Client " Ensure timelines for o-rant submittal are met "
Monthlv renorts to inclode <'rants in nroP-ress, o-rants submitted, and ~ants awarded " Reo-ular communication via email and/or nhone reP-ardinP" uncomin<' ~ant onnortnnities " Grant administration and nos! award comnliance as needed " " We propose a flat monthly rate of $4,500.00, plus reimbursement of out-of-pocket expenses for services explained above.

Pricing Option 2: Per Grant
We propose an agreement for a Per Grant basis, plus reimbursement of out of pocket expenses. Items I - 11 under Grant Writing are not included in the Per Grant Services. The following is a breakdown of cost per grant:

Grant Amount Request Cost
Up to $10,000 $1,500
$10,001 - $50,000 $4,000
$50,001 - $100,000 $5,500
$100,001 - $250,000 $7,500
*Over $250,000 $9,000 - $12,000
*Cost will be determined based on complexity of grant preparation for grant requests exceeding $250,000 Grant research, grant identification, and grant administration can be provided at an hourly rate of$125.00. For research completed at an hourly rate, client may specify a "not to exceed" amount.

lZI City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 27, 2022
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Deed Restriction Required for Prop 68 Grants
City Manager's Recommendation:

CC Item 1H
That the City Council authorize the City Clerk to record a deed restriction to the Alfred F.

Herrera Memorial Field in Irwindale Park as part of the installation of a new lighting system and the grant funding provided by Prop 68.

Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
{/
Background and Analysis:

On June 5, 2018, Senate Bill 5 (Deloeon, Chapter 852, statutes of 2017)/Proposition 68, also known as the Parks, Environment, and Water Bond Act of 2018, was passed by 57.6 percent of voters to provide $4 billion in funds for local park rehabilitation, creation, and improvement. Prop 68 Per Capita provides funds to jurisdictions throughout California under its general per capita program for renovating, creating and improving parks. The urban county per capita is for jurisdictions that provides park and recreation services. Both programs base their funding allocation on the jurisdiction's population. Each jurisdiction that falls under a population of 200,000 or less will receive $177,952 under the general per capita program. This includes the City of Irwindale. Additionally, under the urban county per capita, the City of lrwindale's allocation is $894.
01005.0005/768647.1 Page 1
On October 14, 2020, City Council approved Resolution No. 2020-79-3239 entitled, "A Resolution of the City Council of the City of Irwindale Approving Application(s) for Per Capita Grant Funds." This Resolution provided the City Manager, or his designee, authorization to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s).

In 2021, Staff met with the Office of Grants and Local Services (OGALS) to discuss and finalize an eligible project. It was determined the best project to use this funding would be for the installation of a new lighting system at the Alfred F. Herrera Memorial Field. Staff submitted the grant application for this project in December 2021.

In May of 2022, OGALS approved the project and funding under Prop 68 and sent two grant contract agreements for the 2018 Parks Bond Act Per Capita Grant Program, one in the amount of $894 and the other in the amount of $177,952. The City Manager signed both contracts on May 2, 2022.

OGALS informed staff on July 12, 2022 that these grants require that a deed restriction be recorded on the title to the property in order to protect the State of California's interest in the property and ensure that the property will be used for purposes consistent with the grant contract. No payments will be made by OGALS until a copy of the recorded deed restriction is received.

The City Attorney's office has reviewed and approved the Deed Restriction document provided by OGALs.

Fiscal Impact:

The two Prop 68 grants totaling $178,846 will be used towards the installation of a new lighting system at the Alfred F. Herrera Memorial Field. The total project cost for this project is $596,003, which includes a 10% contingency.

Attachment(s):

Deed Restriction
Page2
RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Stephanie Schiechl

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DEED RESTRICTION
I. WHEREAS, the City oflrwindale, 5050 N. Irwindale Avenue, Irwindale, CA 91706 (hereinafter referred to as "Owner(s)") is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"); and III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for "Installation of a new lighting system" on the Property; and
IV. WHEREAS, on July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-19-173 (hereinafter referred to as "Grant") for "Installation of a new lighting system" on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s) to receive the Grant funds and perfonn the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herse1£'themselves and for his/her/their heirs, assigns, and successorsin-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) I through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

I. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period rurming from July I, 2018 through June 30, 2048.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthe1more, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.

5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: _________ _, 20
Business Name (if property is owned by a business): __________________ _ Owner(s) Name(s): ____________________________ _
Signed: -------------~
PRJNTfTYPE NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORJZED REPRESENTATIVE)
Signed: _____________ ~
PRJNTfTYPE NAME & TITLE OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docwnent 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature -------------- (Seal)
4 GJCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
OJoint Powers Authority
Date: July 27, 2022
City o/

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 11
Issue: A RESOLUTION TO EXTEND THE EXISTENCE OF A LOCAL
EMERGENCY REGARDING THE COVID-19 PANDEMIC
City Manager's Recommendation:

It is recommended that the City Council:
1) ADOPT RESOLUTION NO. 2022-74-3324 ENTITLED "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA

EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44"
Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

On March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to an outbreak of a respiratory illness known as a coronavirus ("COVID-19"). On March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency in response to the increased spread of COVID-19 across the country.

On March 18, 2020, the City Council adopted Resolution No. 2020-18-3178, pursuant to Chapter 2.44 of the Irwindale Municipal Code, confirming the proclamation of the existence of a local emergency due to COVID-19, as declared by the City's Director of Emergency Services on March 12, 2020.

On May 13, 2020 (Resolution No. 2020-32-3137), July 22, 2020 (Resolution No. 2020- 58-3218), September 9, 2020 (Resolution No. 2020-71-3231), October 28, 2020 (Resolution No. 2020-81-3241), January 10, 2021 (Resolution No. 2021-02-3264), March 10, 2021 (Resolution No. 2021-22-3234), April 28, 2021 (Resolution No. 2021-26-3248), June 23, 2021 (Resolution No. 2021-57-3269), August 25, 2021 (Resolution No. 2021- 70-3282), and October 13, 2021 (Resolution No. 2021-90-3302), December 8, 2021 (Resolution No. 2021-124-3246), January 26, 2022 (Resolution No. 2022-08-3257), March 9, 2022 (Resolution No. 2022-23-3273), and June 22, 2022 (Resolution No. 2022- 66-3316), the City Council reviewed and extended the local emergency due to the continued existence of conditions of extreme peril caused by the effects of COVID-19.

Los Angeles County's coronavirus metrics have entered the high community COVID-19 community level. It is recommended that the City Council extend the local emergency for an additional period of 60 days to continue to make resources available to address the continuing effects of the COVID-19 highly transmissible BA.5 variant.

Fiscal Impact:

There is no fiscal impact at this time in approving the 60-day extension of the COVID-19 local emergency.

Attachment: Resolution No. 2022-74-3324
Page2
RESOLUTION 2022-74-3324

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

CALIFORNIA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to an outbreak of a respiratory illness known as a coronavirus ("COVID-19"); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors declared a local and public health emergency in response to the increased spread of COVID-19 across the country; and
WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 2020-18- 3178, pursuant to Chapter 2.44 of the Irwindale Municipal Code, confirming the proclamation of the existence of a local emergency due to COVID-19, as declared by the City's Director of Emergency Services on March 12, 2020; and
WHEREAS, On May 13, 2020 (Resolution No. 2020-32-3137), July 22, 2020 (Resolution No. 2020-58-3218), September 9, 2020 (Resolution No. 2020-71-3231), October 28, 2020 (Resolution No. 2020-81-3241), January 10, 2021 (Resolution No. 2021-02-3264), March 10, 2021 (Resolution No. 2021-22-3234), April 28, 2021 (Resolution No. 2021-26- 3248), June 23, 2021 (Resolution No. 2021-57-3269), and August 25, 2021 (Resolution No. 2021-70-3282), October 13, 2021 (Resolution No. 2021-90-3302), December 8, 2021 (Resolution No. 2021-124-3246), January 26, 2022 (Resolution No. 2022-08-3257), and March 9, 2022 (Resolution No. 2022-23-3273), and June 22, 2022 (Resolution No. 2022-66- 3316), the City Council reviewed and extended the local emergency due to the continued existence of conditions of extreme peril caused by the effects of COVID-19; and WHEREAS, after consideration of all items before it, the City Council of the City of Irwindale desires to extend the existence of a local emergency related to the COVID-19 Pandemic for 60 days to continue to make resources available to address the continuing effects of COVID-19.

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

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

SECTION 2. The City Council does hereby extend the City's proclamation of local emergency due to COVID-19, as last ratified by the City Council in Resolution No. 2022-66- 3316 on June 22, 2022, for a period of 60 days.
01005.0001/805377.1 Resolution No. 2022-74-3324