Agenda — Irwindale City Council, September 14, 2022 (part 2 of 2)

Background and Analysis:

As Lead Agency under SMARA, the City of Irwindale Public Works Engineering Department's Mining and Reclamation Division conducts regular inspections of SMARA pits to ensure public safety and compliance within the operators' permit conditions.

A current and detailed topographic and/or hydrographic survey map will provide critical data for the monitoring of the following:

1. Permitted mining depth.

2. Amount of material extracted from the active mine sites.

3. Amount of material imported to backfill mine sites, which are currently being reclaimed.

4. Mining slopes above water and below water level.

The Mining and Reclamation Division prepared a Request for Proposals (RFP) for the Hydrographic and/or Topographic surveys of all active mining pits subject to SMARA regulations, including volume calculations for mining and reclamation activities. The RFP included two separate bid items, the topographic/hydrographic survey and the volume calculations. Although Kincaid Pit is grading site, not a mining site, because major earthwork has occurred on the site, it is being added to the sites list for a topographic survey only.

The RFP was sent to four engineering/surveying consulting firms with survey capabilities who have performed similar work for the City in the past. On July 28, 2022, three bids were received with the following results:

Consultant Base Bid Rankin~
JOHNSON-FRANK & ASSOCIATES, INC. $135,400.00 1
CHRIS NELSON &ASSOCIATES, INC. $133,312.00 2
WESTLAND GROUP, INC. $161,000.00 3
COORY ENGINEERING No Bid 4
Irwindale Municipal Code (IMC) 3.44.020 Definition of "Services" exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements. Based on a review of the proposals submitted, Staff have chosen to recommend Johnson-Frank and Associates, Inc. be awarded the 2022 Topographic and Hydrographic Survey Project based on the firm's direct project team's qualifications, experience, availability, and general thoroughness of the proposal. The City Engineer's past practice and experience for better quality of work has been to alternate the award of project amongst the most qualified bidders. Johnson-Frank and Associates, Inc. possesses a high degree of

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professional, unique, specialized, or technical skill or expertise related to Topographic and or Hydrographic survey services, such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and

3.44.080(0).

Fiscal Impact:

Funding in the amount of $135,400.00 for the Topographic and/or Hydrographic survey of the SMARA pits is to be paid for by the mining operators. Account No. 13-00-000- 25100-4222 was created to collect all funds from the mining operators.

Attachment(s):
• Professional Services Contract Agreement
01005.0006/817609.1 Page 3
121City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City if
IRWINDALt

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1K
Issue: Request to Extend the Hours of Operation for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products' Pit No. 2 Until December 31, 2022
City Manager's Recommendation:

That the City Council approve the request from United Rock Products, Inc. (United) to extend the hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 (URP-2) until December 31, 2022 and re-evaluate United's request before granting another extension period. The extended hours of operation during this time period would be:

Monday to Friday 7 a.m. to 3 p.m.

Saturday 7 a.m. to 5 p.m. (Only 2nd and 4th Saturday of each month) Administrative Action:

Submitted by:

Arsanious Hanna
Director of Engineering/Building Official
(626) 430-2200
Marilyn Simpson
Community Development Director
(626) 430-2209
Prepared by:

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

Adrian R. Guerra, City Attorney
Electronically Approved by
Director of Engineering/Building Official
Electronically Approved by
City Attorney

Page 1 ends

Kambiz Borhani,
Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On July 3, 2022, United Rock Products, Inc. (United) requested the City of Irwindale extend the hours of operation for transportation of excavated aggregates from the Olive Pit to URP-2. The request was made because of hardships for the trucking companies due to the increase in fuel costs and limited income earnings due to the reduced number of hours of operation (currently 6 hours per weekday). United stated they were having difficulty keeping hauling truck companies interested in this line of work and are at risk of losing trucks that meet air quality standards.

Per the Development Agreement (DA) for the Olive Pit, the hours of operation for transportation of excavated aggregates to URP-2 are:

Monday through Saturday 7 a.m. to 5 p.m.

Currently, United has operated at the following reduced hours which are consistent with the DA:

Monday to Friday
Saturday
9 a.m. to 3 p.m.
7 a.m. to 5 p.m.
(Shutting down 1 Saturday per Month when possible).

The difference in hours of operation from current vs what is allowed per the DA is due to the lack of a new traffic signal that is required per the DA to allow safe ingress and egress to the Site. United has completed design of the traffic signal at the Olive Pit entrance and Los Angeles Street which was approved by City staff on August 22, 2022 and United is in the process of applying for an encroachment permit for the construction phase. Also, United is working in finalizing the design of the signal light at the intersection of Azusa Canyon Road and Los Angeles Street.

United is proposing the following hours of operation:

Page2
Monday to Friday
Saturday
7 a.m. to 3 p.m. (which is 2 hours less than the DA allows) 7 a.m. to 5 p.m. (Only 2nct and 4th Saturday of each month) Based on staff assessment of United's request and in anticipation of the installation of the new traffic signal, Staff recommends approval of United's request to extend the hours of operation as indicated above until December 31, 2022. Staff also recommends that the City Council direct staff re-evaluate United's request for the period on and after January 1, 2023. United shall submit a new request or in the event no request is made, United shall revert to the current hours of operation:

Monday to Friday
Saturday
Fiscal Impact: None
9 a.m. to 3 p.m.
7 a.m. to 5 p.m.
(Shutting down 1 Saturday per Month when possible).

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ll'JCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
I ~c Item 1L
Cityef .. ________ ......

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A Miranda, City Manager
Issue: Approval of California Automated Permit Processing (CalAPP) Grant Agreement between City of Irwindale and California Energy Commission City Manager's Recommendation:

That the City Council (1) approve the grant agreement with the California Energy Commission (CEC) for the California Automated Permit Processing (CalAPP) Grant Award; (2) authorize the City Manager to execute the same upon approval as to form by the City Attorney; and (3) adopt Resolution No. 2022-86-3336 Authorizing the Appropriation of $40,000 to a new account within Fund 35 (California State Grant Fund), which will be reimbursed up to $40,000 by the CEC with the CalAPP Grant.

Administrative Action:

Submitted by:

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

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

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

Julian A Miranda, City Manager
Electronically Approved by
Director of Engineering/Building Official
Electronically Approved by
Assistant City Engineer
Electronically Approved by
City Attorney

Page 1 ends

Background and Analysis:

California law, AB 2188 mandates every city, county, or city and county to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems, and to administratively approve applications to install such systems through the issuance of a building permit or similar nondiscretionary permit.

In 2021, California Senate Bill 129 included an appropriation of $20 million to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

To meet its clean energy goals, California needs new renewable and storage resources, including rooftop solar and storage projects. The CalAPP grant intends to encourage local government agencies to further enhance permitting processes and accelerate processing and turnaround time, particularly regarding plan review.

The City intends to implement an online, automated solar permitting platform such as SolarAPP+, which automates project plan review and produces code-compliant approvals to support building departments in quickly issuing permits for residential solar energy system installations. Up to $40,000 of CalAPP funding is reimbursed to cities for adopting and implementing an online, automated permitting platform.

Upon approval by the City Council, the CalAPP Grant Agreement and a copy of adopted Resolution No. 2022-86-3336 will be submitted to the California Energy Commission as required to be eligible for CalAPP grant paid costs reimbursement.

Fiscal Impact:

Sufficient funding for this project will be made available by an appropriation of $40,000 to a new account within Fund 35 (California State Grant Fund) upon the City Council's approval of the attached resolution. The City of Irwindale will be eligible to receive reimbursement of up to $40,000 from the CalAPP Grant.

Attachment(s ):
• California Automated Permit Processing (CalAPP) Grant Agreement • Resolution No. 2022-86-3336
Page2

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 312019)

RECIPIENT
City of Irwindale

ADDRESS
16102 Arrow Hwy
Irwindale, CA 91706

PROJECT DESCRIPTION

CALIFORNIA ENERGY COMMISSION

AGREEMENT NUMBER
APP-22-002

AGREEMENT TERM
07/13/2022 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the !ast party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A - Application with Scope of Work
Exhibit B -APP General Terms and Conditions
Exhibit C - Contact List
Page(s): 4
------ Page(s): 5
------ Page(s): 1
------

REIMBURSABLE AMOUNT
$ 40,000

MINIMUM MATCH SHARE REQUIRED
$ 0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 40,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Adrienne Winuk TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
RESOLUTION NO. 2022-86-3336

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY

COMMISSION FOR THE CALAPP GRANT AWARD AND AUTHORIZING THE APPROPRIATION OF $40,000 TO A NEW ACCOUNT WITHIN FUND 35 (CALIFORNIA STATE GRANT FUND), WHICH WILL BE REIMBURSED UP TO $40,000 BY THE CALIFORNIA ENERGY COMMISSION WITH THE CALIFORNIA

AUTOMATED PERMIT PROCESSING GRANT
WHEREAS, California law, AB 2188, requires every city, county, or city and county to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems, and to administratively approve applications to install such systems through the issuance of a building permit or similar nondiscretionary permit; and WHEREAS, in 2021, California Senate Bill 129 included an appropriation of $20 million to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting; and WHEREAS, to meet its clean energy goals, California needs new renewable and storage resources, including rooftop solar and storage projects. The CalAPP grant intends to encourage local government agencies to further enhance permitting processes and accelerate processing and turnaround time, particularly regarding plan review; and WHEREAS, the City of Irwindale shall implement an online, automated solar permitting platform such as SolarAPP+, which automates project plan review and produces code-compliant approvals to support building departments in quickly issuing permits for residential solar energy system installations; and
WHEREAS, up to $40,000 of CalAPP funding is reimbursed to cities for adopting and implementing an online, automated permitting platform.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The City Council of the City of Irwindale hereby approves the grant agreement with the California Energy Commission for the CalAPP Grant Award; and SECTION 2. The City Council of the City of Irwindale hereby authorizes the City Manager, or his/her designee, to execute the same upon approval as to form by the City Attorney; and
SECTION 3. The City Council of the City of Irwindale hereby authorizes the Appropriation of $40,000 to a new account within Fund 35 (California State Grant Fund), which will be reimbursed up to $40,000 by the CEC with the CalAPP Grant; and SECTION 4. That the Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect.

Resolution No. 2022-86-336

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PASSED, APPROVED and ADOPTED this 14th day of September 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. 2022-86-3336 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of September 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Resolution No. 2022-86-3336

Page 2 ends

Laura M. Nieto, MMC
Chief Deputy City Clerk
0City Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
I CC Item 1M
Cityo/ ._ ________ __.

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Award of Contract to provide Professional Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services
City Manager's Recommendation:

That the City Council (1) approve the award of contract and authorize the City Manager to execute an agreement, subject to City Attorney approval as to form, with CWE in the amount of $132, 122 for professional environmental services for the management of the National Pollutant Discharge Elimination System (NPDES) permit and other related services; (2) approve a 15% contingency in the amount of $19,818.30 to cover any additional unforeseen services required; and (3) adopt Resolution No. 2022-87-3337 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE TRANSFER AND APPROPRIATION OF $44,515.30 FROM THE

MEASURE W FUND TRANSFER OUT ACCOUNT TO THE MEASURE W FUND CONTRACTRUAL SERVICES ACCOUNT"
Administrative Action:

Submitted by:

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

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

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

Julian A. Miranda, City Manager
Electronically Approved by
Director of Engineering/Building Official
I
Electronically Approved by
Assistant City Engineer
Electronically Approved by
City Attorney

Page 1 ends

Background and Analysis:

The City of Irwindale is subject to the Los Angeles Countywide National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Water Sewer Permit (MS4 Permit), Order No. R4-2021-0175, from the California Regional Water Quality Board. The MS4 Permit requires permittees to develop and implement water quality control programs within their jurisdictions. These include NPDES storm water inspections at commercial and industrial facilities, public education, assisting property and business owners with applicable MS4 Permit(s) compliance, County and State storm water regulations, and appropriate document compliance requirements for existing and new development.

On March 8, 2022, staff issued a Request for Proposal (RFP) for Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services. Staff received proposals from six qualified professional environmental/water quality/civil engineering firms on May 2, 2022 with the following results:

CONSULTANT RANKING FEE PROPOSAL
CWE 1 $132,122.00
CASC 2 $ 144,893.00
NV5 3 $ 147,056.09
TECS 4 $ 113,950.00
Watearth 5 $ 799,505.39
Lanqan 6 $ 2,052,740.00
Irwindale Municipal Code (IMC) 3.44.020 Definition of "Services" exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy, which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and 3.44.080(D). Staff evaluated each proposal received by ranking each consultant based on technical competency, project understanding, experience, staff qualifications and availability. CWE was determined to be the most qualified firm for the program based on their submitted proposal and in-person team interview.

CWE has immense experience in providing public agencies assistance with their LA County MS4 permit. Of the firms who submitted proposals, CWE's team has the most interagency collaboration and grant applicant experience for the Safe Clean Water Program.

Staff recommends awarding the contract to CWE to provide environmental services for the National Pollutant Discharge Elimination System (NPDES) and other related services.

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

Page2
The initial contract term of this agreement will be one (1) year with an option to extend the contract for two (2) additional extended terms of two (2) years each. The total maximum contract term will be five (5) years.

In 2018, Los Angeles County voters passed the Safe Clean Water Program (Measure W) which provides cities with direct funding from revenues generated within their boundaries to improve water quality, continue water quality monitoring, implement public education and outreach, and further regional water resilience planning. The City anticipates receiving $440,000 Measure W funds for Fiscal Year (FY) 2022-2023.

The City's NPDES and MS4 Permit Management Program manages, enforces, inspects, and maintains water quality projects and regional water resilience planning, and therefore, is eligible for Measure W funding per Los Angeles County Flood Control District Code of Ordinance 16.05 A.2.d.

Fiscal Impact:

The adopted budget for FY 2022-2023 includes sufficient amounts for this professional service contract. The total service fee will be $151,940.30, of which, $107,425 (71 %) will be funded through General Fund (Storm Drain I NPDES account 01-52-523-42381-0000), and $44,515.30 by Measure W Fund which requires a budget transfer from (Transfer Out account 30-52-555-49100-0000 to Contract Services account 30-52-555-42300-0000.) This transfer will also reduce Capital Improvement Program budget for SCWP Arrow Hwy Project account 48-80-800-8707-0000 from $918,200 to $873,684.70.

Attachment(s):
• Contract Agreement for Professional Consultant Services • Resolution No. 2022-87-3337
Page3

AGREEMENT FOR CONTRACT SERVICES BETWEEN

THE CITY OF IRWINDALE & CWE
FOR

ENVIRONMENTAL SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE

ELIMINATION SYSTEM (NPDES) AND OTHER RELATED SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 14th day of September, 2022 and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and CWE, 1561 E. Orangethorpe Ave Suite 240, Fullerton, CA 92831-5202 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

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

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

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

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
2, COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Thirty Two Thousand One Hundred Twenty Two and 00/100 Dollars ($132,122) ("Contract Sum").
01005.0006/817706.1 1

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant aclmowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

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

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to 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 fifteen percent (15%) of the Contract Sum but not exceeding a total amount of Nineteen Thousand Eight Hundred Eighteen and 30/100 Dollars ($19,818.30) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE
3 .1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the "Schedule of 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 01005.0006/817706.1 -2-
the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (I 0) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and ifin the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for the initial contract term of one (1) year with an option to extend the contract for two (2) additional extended terms of two (2) years each. The total maximum contract term will be five (5) years. Contract term extension is contingent upon the Director of Engineering/Building Official approval. Contract term extension will be exercised based upon the level of satisfaction with services provided by the Consultant.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Ms. Nan Jia, PE, QSD/P, Project Manager 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. Julian A. Miranda [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

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

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
01005.0006/817706.1 -3-

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CGOOOl or eguivalent). 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) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence ofthis 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 Reguirements.
01005.0006/817706. l -4-
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5 .1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates 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.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract 01005.0006/817706.1 -5-
Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release oflnformation.
(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 sunnnons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
01005.0006/817706. l -6-

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event 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.

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 Govermnent Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

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

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for 01005.00061817706.1 -7-
the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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

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

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

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

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

8.4 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 01005.0006/817706.1 -8-
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091or1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly 01005.0006/817706.1 -9-
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions ofthis Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
01005.0006/817706.1 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

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

CITY OF IR WIND ALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:

CWE
By: ______________ _
Name:

Title:

By: ______________ _
Name:

Title:

Address: 1561 E. Orangethm;pe Ave, Suite 240
Fullerton CA 92831-5202
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. 01005.0006/817706.1 -11-

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORA TE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE( SJ

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/817706.1

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORA TE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/817706.l
EXHIBIT "A"

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

Consultant will provide the required National Pollutant Discharge Elimination System (NPDES) Program Management services, including, but not limited to, the following Tasks (herein after referred to collectively as "Services"):

TASK 1: National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Sewer Storm Drain System (MS4) Permit management and oversight for water quality and regional water resilience planning.

1. Develop a plan outlining how the City will stay in compliance with Baseline Requirements per the 2021 Municipal Separate Sewer Storm Drain System (MS4) permit, or the most recently approved Los Angeles Regional Water Quality Control Board, Municipal Separate Sewer Storm Drain System (MS4) Permit; and schedule a meeting with the City to discuss the developed plan.

2. Prepare an Implementation Plan Technical Memorandum (TM) that identifies required tasks and associated deadlines, implementation steps, program an implementation timeline, and provide record keeping and reporting recommendations to prepare the City for any potential audits.

3. Lead coordination; perform task scheduling, budget tracking, and invoicing.

4. Project management efforts include administration and management of the contract; coordination and communication with the City, and participation in monthly project status update meetings.

5. Prepare receiving water and outfall monitoring results in California Environmental Data Exchange Network (CEDEN) format semi-annually no later than December 15th and June 15th for the preceding January 1st to June 30th and July 1st to December 31st reporting period. Prepare individual annual report, watershed annual report, and Trash TMDL annual report no later than December 15th for the preceding July 1st to June 30th reporting period. Reports must be provided to the City as an editable document to allow for easy commenting and revision tracking prior to finalizing the report and submission to the LARWQCB.

TASK 2: Implement the City's Integrated Monitoring Program in accordance with the SCWP Handbook for Municipalities consistent with SCWP goals.

1. Receiving Water Monitoring: Consultant will assist the City with establishing a cost share agreement with the RH/SOR WQO for receiving water monitoring at Peck Road Park Lalce, coordination efforts for the existing cost share agreement with the USOR CIMP group, and receiving water monitoring data request and reporting. The cost share agreement with the RH/SOR WQO must be in place before the 2023-24 storm water season, unless the cost share agreement is denied by collaborating entities. CWE will provide a not-to-exceed cost estimate for performing the receiving water monitoring at Peck Road Park Lake for the 2022-23 storm season. Additional Receiving Water Monitoring will be performed by the USOR CIMP group at in01005.0006/817706.1 B-1 stream mass emission stations; additional receiving water compliance points approved by the Regional Board's Executive Officer; and additional locations that are representative of impacts from Municipal Separate Sewer Storm Drain System (MS4) discharges. The City has identified the following locations that would best comply with receiving water monitoring:

1. Los Angeles River Rio Hondo Reach 2 - Pending Coordination with the Rio Hondo/San Gabriel River Watershed Management Group
• Peck Road Park Lake (RHSGR _PRP _LAKE)

11. San Gabriel River Reach 3 in Coordination with the Upper San Gabriel River Watershed Group's Coordinated Integrated Monitoring Program • San Gabriel Reach 3 (S 14)
• Walnut Creek Wash (USGR_ WCW _BP)
• San Gabriel Reach 4 (USGR_R4_RAM)
m. San Gabriel River Monitoring Station (Mass Emissions Station 14)

2. Storm Water Outfall Based Monitoring: Consultant shall prepare a schedule and constituent list for outfall monitoring at sites in the approved IMP, based on regulatory requirements, including applicable TMDLs, Basin Plan, and California Toxics Rule. Outfalls monitoring locations from which samples are collected are:

1. Los Angeles River Rio Hondo Reach 2
• Sawpit Wash (SA WPW-074A)

11. San Gabriel River Reach 3
• San Gabriel River (SGR-077)
• Big Dalton Wash (BDW-027A)
* Consultant may perform sampling such as grab sampling but send their samples to a testing lab. Please ensure all costs including any outside agencies are accounted for in the proposal.

TASK 3: Industrial and Commercial Facility Control Program to improve water quality and contribute to the attainment of water-quality requirements.

1. Conduct inspections on approximately 150 identified industrial and commercial facilities. Utilize CloudCompli software to create new inspection report and fill in general site information prior to assessing site conditions.

2. Take note of BMPs implemented, assess BMP effectiveness, identify BMP deficiencies, document non-storm water discharges and illicit connections, comment on missing BMPs identified in facility's SWPPP and photograph areas of concern.

Work with facility manager/responsible party to identify deficiencies and provide examples ofBMP solutions to implement and mitigate deficient conditions. 01005.00061817706.1

3. When deficiencies are identified, inspector will add deficiency and provide detailed descriptions, photo documentation, corrective actions and a correction due date on the facilities report on CloudCompli.

4. Monitor and provide enforcement services, including distributing Notice of Correction (NOC) the first time a facility is identified as incompliant and Notice of Violation (NOV) with associated fines after (1) follow-up inspection. Following the enforcement actions, facilities will be revisited to ensure continuation of implemented BMPs and illicit connection/discharge elimination. Consultant must keep the City informed of major findings, violations, and/or discharge violations immediately ensure appropriate steps and enforcement actions.

TASK 4: Illicit Connections and Illicit Discharge (IC/ID) Program to reinforce improve water quality and contribute to the attainment of water-quality requirements by detecting and eliminating IC/ID.

1. Implement an illicit connection/discharge Program to detect and facilitate the elimination of illicit discharges and improper disposal into storm drains. Update the City's IC/ID program and identify additional mechanisms for public reporting.

TASK 5: New Development and Re-Development Effectiveness Tracking implementation to improve water quality and contribute to the attainment of water-quality requirements by addressing pollutant rnnoff from development projects.

1. Inspect new and re-development for post-construction BMPs to verify the proper functionality and maintenance activities. Prior to the field inspection, inspector will review the approved LID plan to determine the post-constrnction strnctural BMP type(s) and location(s) onsite. City to provide approved LID plan, including the Operations and Maintenance (O&M) Plan and Maintenance Agreement.

2. Inspector will utilize CloudCompli application on iPad during field inspection to upload photo documentation, record observations and comments, and indicate observed deficiencies to complete the facility inspection report.

3. Consultant must keep the City project manager informed of major deficiencies, discharge violations, and actions that will require City enforcement. Enfacement actions will be incorporated into the CloudCompli inspection report after City approval.

TASK 6: Public Information and Participation & Public Agency Activities Programs in accordance with the SCWP Handbook for Municipalities. Ensure storm water programs such as public education and BMP programs are consistent with SCWP goals.

Public Agency Activities Program: Assist the City with reviewing and evaluating the City of Irwindale's Public Agency Activities Program on an as-needed basis. The following elements will be discussed and evaluated for City owned and/or operated facilities:
• Public Constrnction Activities Management
01005.0006/817706.1
• Public Facility Inventory and Inspections
• Inventory of Existing Development for Retrofitting Opportunities • BMPs for Public Agency Facilities and Activities
o Vehicle and equipment washing
o Storm drain operation and maintenance
o Road reconstruction
o Streets and roads pollutant management
o Parking facilities maintenance
o Emergency procedures
• Landscape, Park, and Recreational Facilities Management TASK 7: Conditional Waiver for Peck Road Park
Follow and meet the LARWQCB Conditional Waiver of Waste Discharges of Trash from Nonpoint Sources in Waterbodies Subject to Total Maximum Daily Loads for Trash Requirements for reinforcement of regional water quality planning and coordination. Coordinate with the Rio Hondo and San Gabriel River Water Quality Group to meet the requirements of implementing BMPs and a Minimum Frequency of Assessment and Collection (MF AC) program, and submit a new trash monitoring and reporting program (TMRP).

TASK 8: Trash TMDL Compliance - DOR Trash Study
Conduct a Trash TMDL Daily Generation Rate (DOR) Study as part of the annual LA River Trash TMDL Compliance Report and in compliance with SCWP trash capturing program goals on an annual basis. The DOR is determined from direct measurement of trash deposited in the drainage are during a 30-day period between June 22nd to September 22nd. Use method for a DOR study provided in the Los Angeles River Trash TMDL Staff Report. Prepare DOR report to summarize the method, field observations, and results.

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

TASKl:

1. Initial schedule for permit schedule, quarterly updates of permit compliance, annual report with associated watershed report.

11. Prepare and provide City with National Pollutant Discharge Elimination System (NPDES) Program Implementation Plan TM.
111. One (!) kickoff meeting and eleven (I I) monthly meetings. 1v. One (1) annual report with associated watershed report and two (2) semi-annual CEDEN submittals.

TASK2:

1. CIMP group and MES coordination and communication. Cost share agreement with San Gabriel River Watershed entities for receiving water monitoring.

11. Four wet-weather sampling events and associated summary emails; LACFCD Access Permit if possible. Copies of receiving water monitoring data for the 2022-23 storm water season for Peck Road Park Lake, copies of mass emissions stations monitoring data, 01005.0006/817706.1
updates on cost share agreements and yearly monitoring.

TASK 3: Utilize City software system database, CloudCompli, to inspect industrial/commercial facilities and provide the City with inspection forms and photo documentation of facilities.

Follow-up documentation and correspondence with facility ifrequired.

TASK 4: Updated City IC/ID Program procedures for conducting source investigation, IC/ID elimination and identifying mechanisms for public reporting all on editable Word documents.

TASK 5: Utilize City software system database, CloudCompli, to conduct post construction BMP inspections, reports and photo documentation. Follow-up documentation, enforcement actions and correspondence with facility if required.

TASK 6: Updated public facility and activity inventory and GIS database; public agency activities program review TM.

TASK 7: Conditional Waiver requirements for Peck Road Park Lake.

TASK 8: Completed DGR Report, ready to submit.

Ill. 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 fouud satisfactory and accepted by City.

IV. Consultant will utilize the following personnel to accomplish the Services:
a. Principal-in-Charge/QA-QC Manager - Jason Pereira, PE, CPSWQ, QSD/P, QISP, CGP/IGP-ToR
b. Project Manager - Nan Jia, PE, QSD/P
c. Assistant Project Manager- Ryan Kearns
d. Technical Resources - Gerry Greene, DEnv, PE, QEP, QSD/P e. Technical Resources - Alexa Reasoner
01005.0006/817706.1
01005.0006/817706. l
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
EXIITBIT "C"

SCHEDULE OF COMPENSATION
In connection with the Services provided pursuant to the terms of this Agreement, Consultant shall provide the Services at the cost and hourly rate as provided below. Expenses not listed below will not be reimbursed by the City, and no hourly fees or mileage will be charged for travel to and from City Hall.

I. Consultant shall perform the following Services at the following rates:
fee Schedule
EngineerfScient!st
P11ncipal (Jason Pereira)
Senior Project Manager (Gerald Greene)
Project Manager (Nan Jia)
Technlcal Manager
Task Leader
Principal Engineer
Senior Engtneer {Chtis Pendroy)
Project Engineer (steven Bel!}
Staff Engineer (Tammy Takigawa)
Assistant Engineer (Angelrque Silvestre, Aa1un Esparza-Almaraz) Senior Environmental Scientist (Allen Xfe)
Environmental Scientist (Ryan Ke.ams)
Environmental Analyst (Alexa Reasoner}
Construction services
Construction Manager
Senior Construction Inspector
Construction Inspector
Field Survey
Licensed Surveyor
3-Person Su1vey Crew
2-Person Smvey Crew
Support Services
Landscape Architect
GIS Specialist (Carlos Wlldeiman)
Senior Engineering Technician
Enginee1ing Technician (Luis O·uz)
CADD Designer (William Boeck)
Project Coordinator (Diane caballero, Lidia Se1rano}
Administrative Assistant (Sidney Acero)
General
Direct Expenses
subcontract Services
SpedalJzed Computer AppUcations {per hour)
MileaQe
Reid Vehicle - Hourly
Reid Vehicle - Dally
Reid Vehicle - Monthly
B&W Photocopies (per page)
Color Photocopies (per page)
Batp/Hn11r
$283
$270
$237
$223
$197
$190
$167
$161
$139
$112
$169
$135
$101
$197
$150
$133
$183
$294
$208
$185
$132
$106
$93
$87
$130
$90
Cost+ 100/o
Cost+ 10010
$15
Cun-ent IRS Rate
$12./hour
$80/day
$1,500/month
$0.10
$o.50
Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index fur All Urban Consumers.

Rates for field equipment, health and safety eQUipment, and graphical supplies presented upon reciuest.

Based on CWE maintaining General liability Insurance for bodily injuiy and property damage with an aggregate limit of $2,000,000 per oc:cun-ence. In the event the client desires additional coverage, CWE will, upon the client's written request, obtaln additional insurance and adjust the above bllHng rates accordingly.

C-1
01005.0006/817706.1
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 total compensation for the Services shall not exceed $132,122, as provided in Section 2.1 of this Agreement.

IV. Consultant's billing rates for all personnel are attached as Exhibit C-1. 01005.00061817706.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for the initial contract term of one (1) year with an option to extend the contract for two (2) additional extended terms of two (2) years each. The total maximum contract term will be five (5) years. Contract term extension is contingent upon the Director of Engineering/Building Official approval. Contract term extension will be exercised based upon the level of satisfaction with services provided by the Consultant.

D-1
01005.0006/817706.1
RESOLUTION NO. 2022-87-3337

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE TRANSFER AND APPROPRIATION OF $44,515.30 FROM THE

MEASURE W FUND TRANSFER OUT ACCOUNT TO THE MEASURE W FUND

CONTRACT SERVICES ACCOUNT
WHEREAS, on November 6, 2018, Los Angeles County voters passed the Safe, Clean Water Program (Measure W) which provides local, dedicated funding for stormwater and urban runoff to increase local water supply, improve water quality, and protect public health by implementing a parcel tax; and WHEREAS, the Municipal Program of Measure W will receive 40% of the funding collected and provides cities with direct funding from revenues generated within their boundaries to improve water quality, continue water quality monitoring, implement public education and outreach, and further regional water resilience planning; and WHEREAS, as its meeting of July 22, 2020, the City Council of the City of Irwindale approved the transfer agreement for the Municipal Program between the City of Irwindale and the Los Angeles County Flood Control District to receive Measure W funds and established a new revenue fund to track the new funding source; and WHEREAS, the City anticipates receiving Measure W funds for Fiscal Year (FY) 2022-2023 totaling $440,000; and the division of Measure W funds shall be at least 70% for Measure W projects and up to 30% for approved maintenance; and WHEREAS, on March 8, 2022, staff issued a Request for Proposal (RFP) for Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services. CWE was determined to be the most qualified firm for the program based on their submitted proposal and in person team interview with an agreement amount of $132,122 and a 15% contingency of $19,818.30, for a total of $151,940.30 for FY 2022-2023; and
WHEREAS, the City's adopted budget for FY2022-2023 includes sufficient funding for this professional service contract. General Fund (Storm Drain I NPDES account 01- 52-523-42381-0000) will fund $107,425 (71 %), and the remaining $44,515.30 will require a budget transfer from Measure W Fund (Transfer Out account 30-52-555-49100-0000 to Contract Services account 30-52-555-42300-0000.) This budget transfer will result in the reduction of Capital Improvement Program overall budget of SCWP Arrow Hwy Project account 48-80-800-8707-0000 from $918,200 to $873,684.70.

Resolution No. 2022-87-3337

Page 3 ends

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

SECTION 1. The City Council of the City of Irwindale hereby approves the budget transfer of $44,515.30 from Measure W Fund (Transfer Out account 30-52-555-49100- 0000 to Contract Services account 30-52-555-42300-0000); and SECTION 2. 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 14th day of September 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-87-3337

Page 2 ends

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

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-87-3337 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of September 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-87-3337

Page 3 ends

SA Item 1A1

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
AUGUST 24, 2022

WEDNESDAY
8:42 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

CONSENT CALENDAR
MOTION
ITEM NO. 1A1

MINUTES
ITEM NO. 1B

WARRANTS

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

Present: Julian A. Miranda, City Manager; 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; and Laura Nieto, Chief Deputy City Clerk
There were no speakers.

A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Special Joint Meeting held July 13, 2022
2) Special Joint Meeting held July 27, 2022
3) Regular Meeting held July 27, 2022

WARRANTS
None for approval

END OF CONSENT CALENDAR

NEW BUSINESS

PUBLIC HEARINGS

ADJOURNMENT
None.

None.

There being no further business to conduct, the meeting was adjourned at 8:42 p.m.

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

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

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
Approved by the City Council and Successor Agency as submitted at the meetings held July 27, 2022.

HA Item 1A2

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 27, 2022

WEDNESDAY
5:02 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
MOTION
ITEM NO. 1

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-DA Y PERIOD
BEGINNING JULY 27,
2022 THROUGH
AUGUST 26, 2022

RESOLUTIONS

ADOPTED

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

Absent: Councilmember I Board Member Mark A. Breceda
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 Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved; Councilmembers Breceda and Garcia

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 Resolution Nos. 2022-75-3325, SA 2022-76-3326, and 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 ASS EMBLY BILL NO. 361," was adopted.

CC, SA, AND HA MINUTES

SPECIAL MEETING
JULY 27, 2022
PAGE2
ITEM NO. 2

IRWINDALE HOUSING

AUTHORITY

GUIDELINES,

POLICIES, AND

PROCEDURES FOR

SENIOR LOW I

MODERATE INCOME

HOUSING APARTMENT

RENTAL PROGRAM

RECESS TO

CLOSED SESSION

IRWINDALE HOUSING AUTHORITY GUIDELINES, POLICIES,

AND PROCEDURES FOR SENIOR LOW I MODERATE INCOME
HOUSING APARTMENT RENTAL PROGRAM (Housing Authority
Item)
The revised Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low I Moderate Income Housing Apartment Rental Program "Las Casitas", was approved.

At 5:35 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 to staff; no reportable action taken
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, direction provided to staff; no reportable action taken
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 I Building Official
Negotiating Parties: United Rock Products Corp.

CC, SA, AND HA MINUTES

SPECIAL MEETING
JULY 27, 2022
PAGE3

RECONVENE IN

OPEN SESSION

ADJOURNMENT
ACTION: Discussed, direction provided; no reportable action taken At 6:16 p.m., the City Council reconvened in Open Session.

There being no further business to conduct, the meeting was adjourned at 6:37 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Approved as submitted by the City Council and Successor Agency held at their meetings held August 24, 2022.

HA Item 1A3

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 27, 2022

WEDNESDAY
7:48 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

FRED BARBOSA

CONSENT CALENDAR
MOTION
ITEM N0.1A

MINUTES
ITEM NO. 1B

INVESTMENT

QUARTERLY REPORT
FOR JUNE 30, 2022
ITEM NO. 1C

CONSIDERATION OF
APPROVALSUBORDINATION OF

HOME PURCHASE

LOAN AT
15850 JUAREZ ST.

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

Absent: Board Members Mark A. Breceda and Manuel R. Garcia Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Jamie Traxler, Assistant General Counsel; 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 Executive Director; and Laura Nieto, Chief Assistant Authority Secretary
Responding to questions by Fred Barbosa, General Counsel Guerra stated that the Board is doing its job and recommended that he seek his own legal counsel if he has legal questions regarding his claim.

A motion was made by Board Member Ortiz, seconded by Vice Chair Ambriz, to approve Consent Calendar. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Special Joint meeting held July 13, 2022
2) Regular meeting held July 13, 2022
INVESTMENT QUARTERLY REPORT FOR JUNE 30, 2022
The Investment Quarterly Report for June 30, 2022, was received and filed.

CONSIDERATION OF APPROVAL - SUBORDINATION OF HOME
PURCHASE LOAN AT 15850 JUAREZ STREET
The request by Iris E. Espino for the Housing Authority to subordinate its loan to a new loan made in a refinancing was approved, subject to all conditions established by the Irwindale Housing Authority's Subordination Policy, and the Executive Director was authorized to

HOUSING AUTHORITY MINUTES

REGULAR MEETING
JULY 27, 2022
PAGE2

NEW BUSINESS

PUBLIC HEARINGS

ADJOURNMENT
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 the agenda report.

None.

There being no further business to conduct, the meeting was adjourned at 7:50 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
81RWINDALE CITY COUNCIL CHAMBERJ
5050 N. IRWINDALE AVENUE ...._ ______ _,
HA Item 1A4
AUGUST 15, 2022
MONDAY
IRWINDALE, CALIFORNIA 91706 5:30 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

RECESS TO

CLOSED SESSION

Present: Councilmember I Board Member H. Manuel Ortiz;
Mayor Pro Tern /Vice Chair Albert F. Ambriz;
Mayor I Chair Larry G. Burrola

Absent: Councilmembers I Board Members Mark A. Breceda, Manuel R. Garcia
Also Present: Julian A. Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel
There were no speakers.

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

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 I Building Official
Negotiating Parties: United Rock Products Corp.

Under Negotiation: Sublease Price and Terms
ACTION: Discussed, direction provided; no reportable action 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

CC AND HA MINUTES

SPECIAL MEETING

RECONVENE IN

OPEN SESSION

ADJOURNMENT
AUGUST 15, 2022
PAGE2
At 6:45 p.m., the City Council/Housing Authority reconvened in Open Session.

There being no further business to conduct, the meeting was adjourned at 6:46 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Approved as submitted by the City Council at its meeting held August 24, 2022.

D City Council
DSuccessor Agency
IZl Housing Authority
DReclamation Authority
OJoint Powers Authority
Date: September 14, 2022
HA Item 1C
City ef
IRWINDALc.

AGENDA REPORT
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 Approved
On July 27, 2022, the Irwindale Housing Authority Board approved revised Guidelines for the Las Casitas Senior Housing Program ("Guidelines"). Authority Staff have been in the process of updating the application forms and process, in accordance with the revised Guidelines in preparation for the new application period.

Page 1 ends

During this process, Authority Staff have reviewed and prepared proposed revisions to the Guidelines to add clarifying and clean-up language, in an effort to better and more clearly implement the Board's most recent changes to the Guidelines. These changes will help Authority Staff administer- and applicants understand- the Guidelines and application procedures. The revisions are proposed to clarify the priority categories and application procedures, as last approved and implemented by the Board on July 27, 2022.

Upon the Housing Authority's approval of the revised Guidelines, the Housing Coordinator will prepare the application packet for distribution. The anticipated date is October 10, 2022.

Fiscal Impact:

None
Attachment:

1. Redlined Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (Revised September 14, 2022)

2. Clean Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program (Revised September 14, 2022)
Page2
Attachment 1

IRWINDALE HOUSING AUTHORITY

GUIDELINES, POLICIES AND

PROCEDURES FOR

SENIOR LOW/MODERATE INCOME

HOUSING APARTMENT RENTAL

PROGRAM
01005.0013/813609 .3
Adopted by the:

Irwindale Housing Authority
Approved: March 9, 2011
Revised: May 26, 2021
Revised: November 10, 2021
Revised: July 27, 2022
-1-
Revised: September 14, 2022

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
0 l 005.0013/813609.3

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

5. A "Continuous, Resident(s)" shall be placed in one of 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 (3 6) months but establishing residence on or after fifteen ( 15) year period immediately preceding the Application Deadline shall be identified as "Category B" Continuous Resident.

Disabled Family
-2-
01005.0013/813609 .3
(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:
(i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; 7 (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. § 100.20 I) As used in this definition:
( c) "Physical or mental impairment" includes:
(d)
(e)
(f)
(i) Any physiological disorder or condition, cosmetict
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.
"Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
"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. "Is regarded as having an impairment" means:
-3-
01005.00131813609.3
(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; (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 residential real property located in Irwindale which was actually and lawfully occupied by the person as a regular or pennanent dwelling place, or removes their personal property from the place of residential real property located in Irwindale which was actually and lawfully occupied by the person as a regular or permanent dwelling place, permanently, as a direct result of the acquisition, rehabilitation, eF-demolition, or other displacing activity of such residential real property, in whole or in part by public or private action. Displaced shall not apply to any person who has been determined to be in unlawful occupancy of the real property.
8-.7. Former Resident
Persons who previously resided within Irwindale for at least thirty-six (36) consecutive months within the fivefteett (+5) year period immediately preceding the Application Deadline, but who do not currently reside in Irwindale, shall be considered to be Former Residents.

9.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 -4-
01005.0013/813609 .3
who is handicapped qualifies that family as a Disabled Family, (See:
"Disabled Family".)
1-0.9. Homeless
A person who is homeless is:
(a) 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 place not meant for human habitation within the jurisdictional boundaries of Irwindale; or
(b) An individual at imminent risk of homelessness within the jurisdictional boundaries oflrwindale who:
(i) has not had a lease, ownership interest, or occupancy agreement for permanent housing during the 90 days
immediately 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 immediately prior to submission of the Application, lacked the financial resources 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:
(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
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01005.0013/813609 .3
(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.
±1.10. Immediate Family Member
Parents, grandparents, siblings, or children of Continuous Residents are considered to be Immediate Family Members.
1-2.!LJncome 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.)
H.!b_Jnterrupted Resident
Any person (or family) who resided in Irwindale for at least thirty-six (36) consecutive months within the fifteen five (-Vi) 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 immediately prior to the Application Deadline shall be considered to be an Interrupted Resident.

14. li_ 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 five (+5) year period immediately preceding the Application Deadline. !.§..14. 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. !+.!!!.,_Shared Renter
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Persons sharing rental accommodations with unrelated persons. ±8.17. Veteran
Any person who has been honorably discharged, verified by documentation, from one of the military services of the United States shall be considered a Veteran.

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

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

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

C. Priorities
Eligible applications from persons/families meeting basic income (extremely low, very low, low or moderate income) criteria, shall be processed based upon the following priority schedule and the application procedures in Section 2.D. 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 [snbject 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.l, above, pertaining to the number of units allocated among the income categories, the Authority reserves the right to reallocate the final number of units specified for each income category, if deemed necessary and appropriate, to meet the quantified needs of Irwindale Seniors.

2. Second Priority Criteria
01005.00131813609.3 -7-
(a) Disabled Family or Veteran_:_:Priority I
(b) None of the above - ----Priority 2

3. Third Priority Criteria
(a) Persons who are Homeless or Displaced - Priority 0. (b) Shared Renter for longer than one (1) year prior to Application - Priority I.
( 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
01005.0013/813609.3

1. Applications
(a) Upon commencement of the application JlFOeessperiod, interested persons will be required to complete and sign an Application. As a material part of the Application, interested persons will be required to execute an authorization and waiver form for release of information from persons, firms, public entities and others who may -8-
(b)
(c)
(d)
(e)
(f)
(g)
(h)
0l005.0013/813609.3
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 or residential status. (See: § 2.D.l(i).).

Appropriate assistance in completing the Application will be provided to interested persons, if requested.

Application Deadline. The Application period shall expire within thi1iy (30) days of its commencement. This shall be the Application deadline. Upon the expiration of the Application period, Authority staff shall commence Applications shall be submitted for review and screening of all Applications received by the Application deadline.

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

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

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

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

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

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

For example, an Applicant who is a Displaced Disabled Person (Priority 1 ), Shared RenterDisplaced (Priority 1) and a Category 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 24), Property Owner (Priority 5) and an Immediate Family Member (Priority 5) with a total Priority Rating of H 12.

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.
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0I005.0013/813609.3
(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)
eredit history
Evm~<v~il~ __ property ownership
(j) Documentation necessary to verify veteran status and honorable discharge, 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 the military, educational institutions, and public agencies as the same are relevant to matters pertaining to verification of information submitted.
(kl 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 notarized affidavit signed under penalty of perjury to verify any such required information. (i) The City ofirwindale provides free notarization services for Irwindale residents. Non-resident applicants may utilize the City's notary services for a fee. Applicants who require notary services in connection with submitting their
Application may contact the Community Development
Department at 626-430-22087
EJ.tjill_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.
(-B.Cml.Jneligible 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 -10-
01005.0013/813609 .3
the Authority Board and the Authority Board's determination shall be final.

Eligible Appliearns will be notified and plaeed on a waiting list in order of priority. The '.vaiting list will be maintained by the /,uthority for one year, and may be opened or elosed HpOn the diseretion of the /,uthority. The waiting list may be purged by mailing a notiee to all /,pplioarns requesting eurrent information and eonfinnation of eontinued interest in the program. Applieants vlho fail to respond within thirty (3 0) calendar days will be removed from the waiting list.
(n) Eligible Applicants will be notified and placed on a ranking list in order of priority. Eligible 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 prior to being awarded a unit. Applicants who are awarded a unit will be mailed contacted by the Property Management Company to complete 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.
(o) Upon the final award of units, the remaining eligible applicants will be notified and placed on a waiting list. The waiting list will be maintained by the Authority (from the wnard of the unit or from the filplioation Deagline?), and may be opened or closed upon the discretion of the Authority Board. Subsequent vacant units may be filled by Eligible Applicants who are on the waitlist. Applicants may be required to re-certify Application information to ensure that information is accurate and current prior to being awarded a unit.

EBj(p) The waiting list may be purged by mailing a notice to all Eligible Applicants on the list, requesting confirmation of continued interest in the program. Applicants who fail to respond to the waitlist notice within thirty (30) calendar days from the date of the notice will be removed from the waiting list and notified of their removal.

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. -11-
01005.0013/813609 .3
(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 Procednres
(a) Matters Snbject 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 Programm;
(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.
(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.
(c)
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.

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 -12-
01005.0013/813609 .3
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. (e)
(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.

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 -13-
(f)
01005.00131813609.3
deciding issues. The written decision shall include a statement of the factual and legal basis for the decision.
(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. -14-

IRWINDALE HOUSING AUTHORITY

GUIDELINES, POLICIES AND

PROCEDURES FOR

SENIOR LOW/MODERATE INCOME

HOUSING APARTMENT RENTAL

PROGRAM
Las Casitas Guidelines
Revised 9.14.22
Adopted by the:

Irwindale Housing Authority
Approved: March 9, 2011
Revised: May 26, 2021
Revised: November 10, 2021
Revised: July 27, 2022
-1-
Attachment 2
Revised: September 14, 2022

SECTION 2. PROGRAM GUIDELINES, POLICIES AND PROCEDURES
A. Definitions
Las Casitas Guidelines
Revised 9.14.22

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.

4. Continuous Resident
A "Continuous Resident(s)" shall be placed in one of two (2) subcategories:

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 immediately preceding the Application Deadline shall be identified as "Category B" Continuous Resident.

5. Disabled Family
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Las Casitas Guidelines
Revised9.14.22
(a) Any person or his/her family member who has a disability or handicap recognized nnder the Americans with Disabilities Act of 1990, as amended, which includes:
(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 Immnnodeficiency 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:
-3-
(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; (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 govermnental authority. Any such amendments that modify the definitions contained herein shall be automatically incorporated without formal action by the Authority.

6. Displaced

7. A person that moves from a place of residential real property located in Irwindale which was actually and lawfully occupied by the person as a regular or permanent dwelling place, or removes their personal property from the place of residential real property located in Irwindale which was actually and lawfully occupied by the person as a regular or permanent dwelling place, permanently, as a direct result of the acquisition, rehabilitation, demolition, or other displacing activity of such residential real property, in whole or in part by public or private action. Displaced shall not apply to any person who has been determined to be in unlawful occupancy of the real property. Former Resident La<; Casitas Guidelines
Revised 9.14.22
Persons who previously resided within Irwindale for at least thirty-six (36) consecutive months within the five ( 5) 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 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
-4-
Las Casitas Guidelines
Revised 9.14.22
A person who is homeless is:
(a) 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 place not meant for human habitation within the jurisdictional boundaries of Irwindale; or
(b) An individual at imminent risk of homelessness within the jurisdictional boundaries oflrwindale who:
(i) has not had a lease, ownership interest, or occupancy agreement for permanent housing during the 90 days
immediately 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 immediately prior to submission of the Application, lacked the financial resources 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:
(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.
-5-
Las Casitas Guidelines
Revised 9.14.22
( 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.

10. Immediate Family Member
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 five ( 5) 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 immediately 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 five (5) year period immediately preceding the Application Deadline.

14. Renter
An applicant successfully completing the application process and renting an apartment 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
-6-
Any person who has been honorably discharged, verified by documentation, from one of the military services of the United States shall be considered a Veteran.

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

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

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

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. l, above, pertaining to the number of units allocated among the income categories, the Authority reserves the right to reallocate the final number of units specified for each income category, if deemed necessary and appropriate, to meet the quantified needs of Irwindale Seniors.

Las Casitas Guidelines
Revised 9 .14 .22

2. Second Priority Criteria
(a) Disabled Family or Veteran - Priority 1
(b) None of the above - Priority 2
-7-

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

1. Applications
(a) Upon commencement of the application period, interested persons will be required to complete and sign an Application. As a material part of the Application, interested persons will be required to execute an authorization and waiver form for release of information from persons, firms, public entities and others who may retain data necessary for a complete analysis of the Application. Data needed will include name, address, telephone number, family composition and ages, declaration of income and assets, declaration of outstanding financial obligations, veteran status, declaration of -8-
Las Casitas Guidelines
Revised9.14.22
physical status (with appropriate medical confirmation), declaration of home ownership or residential status. (See: § 2.D. l (i).).

Appropriate assistance in completing the Application will be provided to interested persons, if requested.
(b) Application Deadline. The Application period shall expire within thirty (30) days of its commencement. This shall be the Application deadline. Upon the expiration of the Application period, Authority staff shall commence review and screening of all Applications received by the Application deadline.
( 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 Disabled Person (Priority 1 ), Displaced (Priority 1) and a Category A Continuous Resident (Priority 1) will have a total Priority Rating of3 and would be ranked higher than a person who is a "none of the above" (Priority 2), Property Owner (Priority 5) and an Immediate Family Member (Priority 5) with a total Priority Rating of 12.
(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.
(i) The Authority staff will verify the following data:
(i) name and address
-9-
Las Casitas Guidelines
Revised9.14.22
(ii) residence requirement
(iii) employment
(iv) mcome
(v) existing equity/assets (if applicable)
(vi) property ownership
G) Documentation necessary to verify veteran status and honorable discharge, 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 the military, 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 notarized affidavit signed under penalty of perjury to verify any such required information. (i) The City oflrwindale provides free notarization services for Irwindale residents. Non-resident applicants may utilize the City's notary services for a fee. Applicants who require notary services in connection with submitting their
Application may contact the Commnnity Development
Department at 626-430-2208
(!) 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.
-10-
Las Casitas Guidelines
Revised 9. 14 .22
(n) Eligible Applicants will be notified and placed on a ranking list in order of priority. Eligible Applicants will be awarded a unit based upon availability and priority ranking. Applicants who are awarded a mrit may be required to re-certify information at the time of award to ensme that the information submitted to the Authority is accurate and current prior to being awarded a unit. Applicants who are awarded a unit will be contacted by the Property Management Company to complete 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.
( o) Upon the final award of units, the remaining eligible applicants will be notified and placed on a waiting list. The waiting list will be maintained by the Authority , and may be opened or closed upon the discretion of the Authority Board. Subsequent vacant units may be filled by Eligible Applicants who are on the waitlist. Applicants may be required to re-certify Application information to ensure that information is accurate and current prior to being awarded a unit. (p) The waiting list may be purged by mailing a notice to all Eligible Applicants on the list, requesting confirmation of continued interest in the program. Applicants who fail to respond to the waitlist notice within thirty (30) calendar days from the date of the notice will be removed from the waiting list and notified of their removal.

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. I, 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:
-11-
Las Casitas Guidelines
Revised 9 .14 .22
(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.
(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) 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 -12-
Las Casitas Guidelines
Revised 9.14.22
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.
( 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.
(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.
-13-
Las Casitas Guidelines
Revised 9.14.22
(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.
(f) 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 pmsuant to California Code of Civil Procedme sections 1094.5 and 1094.6. Computation of the time to appeal shall be governed by the Code of Civil Procedme. -14-
IRWINDALE CITY COUNCIL CHAMBERS!
5050 N. IRWINDALE AVENUE '---------'
RA Item 1A1
JUNE 8, 2022

WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:52 P.M.

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

ROLL CALL:

ANNOUNCEMENT

CHIEF ASSISTANT

AUTHORITY

SECRETARY NIETO

SPONTANEOUS

COMMUNICATIONS

DENA ZEPEDA

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES

Present: Board Members Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Chair Larry G. Burrola Also present: Julian A. Miranda, Executive Director; Adrian Guerra, Board Attorney; Theresa Olivares, Assistant Executive Director; Ty Henshaw, Police Chief; Arsanious Hanna, Director of Engineering I Building Official; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Works Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the Executive Director; and Laura Nieto, Chief Assistant Authority Secretary
Chief Assistant Authority Secretary Nieto announced the following:
"As required by Government Code Section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting."
Dena Zepeda asked about housing monies that she believes have gone missing.

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

MINUTES
The following minutes were approved:
1) Regular meeting held March 9, 2022

RECLAMATION AUTHORITY MINUTES

REGULAR MEETING
JUNE 8, 2022
PAGE2
ITEM NO. 1B
2022 2nd QUARTER

MINING REPORT OF
NINE (9) SMARA PITS
ITEM N0.1C

INVESTMENT POLICY

REVIEW AND

DELEGATION OF

INVESTMENT

AUTHORITY

RESOLUTIONS

ADOPTED
2022 2nd QUARTER MINING REPORT OF NINE (9) SMARA PITS
The report was received and filed.

INVESTMENT POLICY REVIEW AND DELEGATION OF
INVESTMENT AUTHORITY (Joint Item on City Council, Successor Agency, Housing Authority, and Reclamation Authority agendas) Joint Resolution Nos. 2022-54-3304, SA 2022-55-3305, HA 2022- 12-122, and RA 2022-03-030, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING

AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD

RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY,

AND DELEGATING AUTHORITY TO THE CITY TREASURER TO

INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE,

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

ITEM NO. 1 D INVESTMENT QUARTERLY REPORT - MARCH 31, 2022

INVESTMENT
QUARTERLY REPORT - The Investment Quarterly Report for March 31, 2022, was MARCH 31, 2022 received and filed.

NEW BUSINESS None.

PUBLIC HEARINGS
ITEM NO. 3A

ADOPTION OF FY
2022-2023 BUDGET

AND ESTABLISHING

THE APPROPRIATIONS

LIMIT FOR FY
2022-2023

DIRECTOR BORHANI
ADOPTION OF FISCAL YEAR 2022-2023 BUDGET AND

ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2022-2023 (Joint Item on City Council, Housing Authority, and Reclamation Authority agendas)
Director Borhani presented the staff report and noted that staff would remove an erroneous paragraph from the report, and made a correction to Operations Budget Requests and the deficit to the General Fund.

DIRECTOR RODRIGUEZ Director Rodriguez noted that staff would need Council direction in order to move forward with adding another week to Mariachi Fest.

RECLAMATION AUTHORITY MINUTES

REGULAR MEETING
JUNE 8, 2022
PAGE3

BOARD MEMBER
ORTIZ
MOTION

DIRECTOR BORHANI

BOARD ATTORNEY
GUERRA

CHAIR BURROLA

BOARD MEMBER
ORTIZ
OPEN

PUBLIC HEARING
CLOSE

PUBLIC HEARING

ADJOURNMENT
She added that staff is also checking with the Zumba Gold instructor to determine if she is available to provide instruction at 6 p.m. She further noted that, should the instructor hold classes at 6 p.m., staff would also need to stay past their usual quitting time, which would require a "meet and confer" process with that employee's bargaining unit.

Responding to a question by Board Member Ortiz, Director Rodriguez indicated that the extra Zumba Gold class would be offered at the Senior Center's dining room or multi-purpose room, and would be a new service that is offered.

A motion was made by Board Member Breceda, seconded by Vice Chair Ambriz, to approve the Operations Budget Requests to add one additional week to Mariachi Fest and one additional hour of Zumba Gold per week beginning at 6:00 p.m. The motion was unanimously approved.

Director Borhani advised that, with these approvals, the new total deficit for the city is $199,600. He added that the second reading to approve the budget ordinance is scheduled for June 22.

Replying to a question by Board Attorney Guerra, Director Borhani advised that the detail sheets within the budget books would be revised as explained earlier, including a change to a table in Attachment A of the ordinance.

Chair Burrola thanked staff for the report and for advising that the deficit has shrunk to nearly $200,000 from $3 million.

Board Member Ortiz asked about park patrol on the 4th of July, to which Chief Henshaw advised that extra patrol would be made available. He also noted that undercover operations will be patrolling the streets in search of illegal fireworks.

At 8:05 p.m., Chair Burrola opened the public hearing.

There being no speakers, Chair Burrola closed the public hearing at 8:05 p.m.

There being no further business to conduct, the meeting was adjourned at 8:52 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
D Successor Agency
D Housing Authority
IZl Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
I
Cityo/

IRWINDALE

AGENDA REPORT
RA Item 1B
To:

From:

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

That the Irwindale Reclamation Authority receive and file this report.

Administrative Action:

Submitted by:

Arsanious M. Hanna
Authority Engineer/Building Official
Prepared by:

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

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

Julian A Miranda, Executive Director
01005.0020/815869.1
Electronically Approved by
Authority Engineer I Building Official
"'--"Flectronically Approved by
Authority Counsel

Page 1 ends

Background and Analysis:

The table below summarizes the 2022 third quarter estimated mining production of five (5) pits governed by the Surface Mining and Reclamation Act of 1975 (SMARA Pits) currently conducting mining activity in the City.

Mine Site Estimated Production Estimated Remaining
June 2022 through Reserve (Tons)
August 2022 (Tons)
Lehigh Hanson Pit 642,906 52,425,317
Peck Road Gravel Pit 15,000 197,000
Vulcan Reliance I 511,042 23,887,170
Vulcan Durbin 619,909 30,790,669
Olive Pit 478,766 29,607,649
A total of approximately 2,267,623 tons of material were produced during the reporting period, June 2022 through August 2022, from the five (5) SMARA Pits listed above. This is approximately 30,383 tons more than reported in the previous quarter.

Below is a summary of the third quarter and current activity of the remaining four (4) SMARA Pits in the City.

Mine Site Status Activity
United Pit No. 2 Under Reclamation Fill Operations for Mine Reclamation
United Pit No. 3 Under IMP Review* Inactive
United Pit No. 4 Active Processing Plant
Azusa Western Pit Idle (IMP) Inactive
*United Pit No. 3 applied for an Interim Management Plan (IMP), which is currently under review. Thus, no production was reported and it is estimated that 370,470 tons of reserves remain for future mining.

During the 2022 third quarter reporting period, reclamation activity was reported from three (3) SMARA Pits. Following is a summary of the reclamation activity at these three SMARA Pits:

Mine Site Estimated Fill Placed
June 2022 through August 2022 (C.Y.)
Lehigh Hanson Pit No Fill Placed - Preparation for next phase United Pit No. 2 315,411
Vulcan Durbin Pit 131,500
Page2
As to the status of the City owned Olive Pit, CA Mine ID# 91-19-0052:

The mining operator, United Rock Products (URP), has completed the design of the traffic signal to be installed at Los Angeles Street and the Olive Pit Driveway, which was approved by the City on August 22, 2022. URP is in the process of applying for an encroachment permit for the construction phase. Negotiations continue with SCRRA-Metrolink for the traffic signal at the intersection of Los Angeles Street and Azusa Canyon Road. Drainage and erosion control plans, as required by the Development Agreement, are currently under review.

Fiscal Impact:

None
01005.0020/815869.1 Page 3
DCity Council
DSuccessor Agency
DHousing Authority
18JReclamation Authority
DJoint Powers Authority
I RA Item 1C
Cityef ~--------' IRWINDALE

AGENDA REPORT
Date:

To:

September 14, 2022
Reclamation Authority Board
From:

Issue:

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

City Manager/Executive Director's Recommendation:

For the Reclamation Board to receive and file the Investment Quarterly Report for June 30, 2022.

Administrative Action:

Submitted & Prepared by:

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

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

Electronically Approved
~!
Julian A, Miranda, City Manager/Executive Director LL_: £ LA 17 Background and Analysis:

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

Page 1 ends

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 Investment Report for the quarter ending June 30, 2022 was presented to the City Council, Housing Authority, and Successor Agency Board on July 27, 2022. The Reclamation Authority was not.scheduled to meet on that date, and therefore it is appropriate to present the same Quarterly Investment Report to the Reclamation Authority during their next regularly scheduled meeting.

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. All investments comply with the City's Investment Policy.

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 INVESTMENTFUND (LAIF) $ 49,633,344 0,86%

US GOVERNMENT AGENCIES

FEDERAL HOME LN BKS CONS BO (FHLB)

FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB)

FEDERAL HOME LN BKS CONS BO (FHLB)

FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB)

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

Total City of Irwindale Investments {Pooled Funds}:

HOUSING AUTHORITY !Funds 11 & 12)

BANK OF THE WEST GENERAL ACCOUNT

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

BANK OF THE WEST GENERAL ACCOUNT

LOCAL AGENCY INVESTMENT FUND (LAIF)

GRAND TOTAL OF INVESTMENTS
$ 5,000,000 0.52'%
5,000,000 0.68%
3,000,000 0.90%
5,000,000 1.00%
5,000,000 0.50%
5,000,000 0.87%
5,ooo,ooo
$ 33,000,000

0.50%
$ 88,047,133
$ 474,855 0.36°/1)
7,425,364 0.86%
$ 7,900,219
$ 203,377 0.36%>
13,309,493 0.86%
$ 13,512,870
$109,480,222
07/28121 01/28/26
06/23/21 06/23/25
06/15/21 06/15126
06130/21 06/26/26
06/30/21 06/30/26
07128121 07/28126
07/29/21 07/29/26
MARKET
VALUE
$ 6,413,789
$ 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 ln conformity with the City of lrwindale's Investment Polley which was approved by City Council on June 81 2022.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient Uquldlty 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 ls 1.1 Cl years, and the weighted average yield of the City's pooled investments at cost is 0.780%. 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 Borhanl, Finance Director I City Treasurer

Irwindale City CouncilSeptember 14, 2022

Irwindale City Council
September 14, 2022