Irwindale City Council
October 12, 2022

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

*AMENDED*
NOTICE AND AGENDA FOR THE
SPECIAL AND REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
OCTOBER 12, 2022
SPECIAL MEETING – 5:30 P.M.

REGULAR MEETING ‐ 6:30 P.M.

IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No. 2022‐90‐3340
The Irwindale City Council has authorized the conduct of hybrid meetings of the City Council, including all City Commissions and committee meetings, and all regularly scheduled meetings that would normally take place in the City Council Chambers, under the provisions of Government Code Section 54956 § E, as authorized by AB 361.

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

In‐Person at the City Council Chambers
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389

LARRY G. BURROLA
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
Councilmember
MANUEL R. GARCIA
Councilmember
H. MANUEL ORTIZ
Councilmember
October 12, 2022

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

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

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

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

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

October 12, 2022

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

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

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

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

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

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

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

Irwindale City Council

October 12, 2022

SPECIAL MEETING – 5:30 P.M.

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

C.  RECESS TO CLOSED SESSION
A.  Liability Claims
Pursuant to Government Code Section 54956.95:
1) Claimant: Maggie Guzman
Agency claimed against: City of Irwindale, Irwindale Housing Authority 2)   Claimants: Fred & Becky Barbosa
Agency claimed against: City of Irwindale, Irwindale Housing Authority B.  Conference with Real Property Negotiators
Pursuant to California Government Code Section 54956.8
Property:  South Manning Pit (APNs 8417‐034‐905; 8417‐034‐907, 8417‐007‐908) Agency Negotiators:  Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
Negotiating Parties:  Los Angeles County Flood Control District Under Negotiation:  Price and Terms
Property:     Las Casitas at 5164 Ayon Avenue
Agency Negotiator:  Julian Miranda, Executive Director
Parties:    Housing Authority, Northridge Group, and Potential Lessor Under Negotiation:  Price and terms of potential sale
C.  Conference with Legal Counsel—Anticipated Litigation (City Council) Significant Exposure to Litigation
[Pursuant to Government Code section 54956.9 (d)(2), e(1)] A point has been reached where, in the opinion of the legislative body of the local agency, upon the advice of its legal counsel based on existing facts and circumstances, that there is significant exposure to litigation against the local agency. The facts and circumstances October 12, 2022

are those that might result in litigation against the local agency but which the local agency believes  are  not  yet  known  to  a  potential  plaintiff  or  plaintiffs,  which  facts  and circumstances need not be disclosed.

Number of cases: 1
D.   Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation pursuant to California Government Code Section 54956.9(d)(4) Number of Cases: 1
D.  CONSENT CALENDAR

1. A Resolution to Re‐Ratify the Existence of a Local Emergency and Authorize Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30‐Day Period Beginning October 12, 2022 through November 11, 2022
Department:  Administration / City Clerk
Recommendation:  Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2022‐97‐3347, Resolution No. SA 2022‐98‐3348, and Resolution No.

HA  2022‐19‐129,  entitled,  “A  JOINT  RESOLUTION  OF  THE  CITY  COUNCIL  OF  THE  CITY  OF IRWINDALE,  SUCCESSOR  AGENCY  TO  THE  IRWINDALE  COMMUNITY  REDEVELOPMENT AGENCY,  AND  THE  BOARD  OF  THE  IRWINDALE  HOUSING  AUTHORITY,  RE‐RATIFYING  THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30‐DAY PERIOD BEGINNING OCTOBER 12, 2022 THROUGH NOVEMBER 11, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361”.

2.  Approval of Settlement Agreement and Release of All Claims – Fred Barbosa and Rebecca Barbosa
Department:  Administration
Recommendation:  That the Irwindale City Council and Irwindale Housing Authority Board approve and authorize the City Manager to execute the Settlement Agreement and Release of All Claims with Fred Barbosa and Rebecca Barbosa  for  full and  final  settlement of all claims against the City of Irwindale and the Irwindale Housing Authority in the amount of $66,505.50.

October 12, 2022

3.  Approval Settlement Agreement and Release of All Claims – Maggie Guzman Department:  Administration
Recommendation:  That the Irwindale City Council and Irwindale Housing Authority Board approve and authorize the City Manager to execute the Settlement Agreement and Release of All Claims with Maggie Guzman for full and final settlement of all claims against the City of Irwindale and the Irwindale Housing Authority in the amount of $2,807.07.

E.  RECONVENE IN OPEN SESSION
F.  REPORT FROM CLOSED SESSION
G.  ADJOURNMENT
*Special Meeting agenda amended on Tuesday, October 11, 2022 at 3:30 p.m. to add the bolded, italicized and highlighted items.

October 12, 2022

OPEN SESSION – 6:30 P.M.

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

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

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

Tier 1:  In‐person attendees
Tier 2:  Teleconference attendees
Tier 3:  In‐person attendees who have not previously provide comments on  the matter(s)  being discussed by the legislative body
October 12, 2022

Tier  4:   Teleconference attendees who  have  not  previously  provide  comments  on  the matter(s) being discussed by the legislative body

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

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

1. Special Joint Meeting held September 28, 2022

2. Regular meeting held September 28, 2022

B.  Warrants/Demands/Payroll
Department:  Finance
Recommendation:  Approve
C. Claim Rejection – Saavedra v. City of Irwindale
Department:  Administration / City Clerk
Recommendation:  Staff recommends City Council (1) Reject the claim of John Saavedra vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

D. Fee Waiver for Use of City Facility for a Four‐Day Vote Center Department:  Administration / City Clerk
Recommendation:  Adopt Resolution No. 2022‐94‐3344 entitled, “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  APPROVING  A  FEE  WAIVER  FOR  THE  LOS ANGELES COUNTY REGISTRAR RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE  CENTER  FOR  THE  NOVEMBER  8,  2022  GENERAL  MUNICIPAL  ELECTION  AND AUTHORIZING  THE  CITY  MANAGER  TO  EXECUTE  THE  VOTE  CENTER  FACILITY  USE AGREEMENT AND VOTE CENTER ELECTION PLAN.”
E. Acceptance of California Office of Traffic Safety (OTS) Federal Grant Funds in the amount of $80,000 for Traffic Safety Education , and Impaired driving enforcement Department:  Police
Recommendation:   (1) Approve and authorize  the City Manager  to sign  the 2022‐2023 (STEP) Selective Traffic Enforcement Program Sub‐recipient agreement between California Office of Traffic Safety (OTS) and the City of Irwindale; and (2) Adopt Resolution No. 2022‐ October 12, 2022

95‐3345  entitled:  “A  RESOLUTION  OF  THE  CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE APPROVING THE  ACCEPTANCE OF THE  CALIFORNIA OFFICE OF TRAFFIC  SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT $80,000.00 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP).

F. Resolution No. 2022‐99‐3349 Excusing Councilmember Mark A. Breceda from City Council Meetings
Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐99‐3349, entitled:  “A RESOLUTION OF THE CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  EXCUSING  COUNCIL  MEMBER  MARK  A.

BRECEDA FROM THE CITY COUNCIL MEETINGS OF SEPTEMBER 14, 2022 THROUGH AND INCLUDING OCTOBER 12, 2022” reading by title only and waiving further reading thereof.

G. Reimbursement Agreement with LIT Reliance II, LP (Clarion & Trammel Crow) Department:  Community Development
Recommendation:  Approve Reimbursement Agreement between  the City of Irwindale and LIT Reliance II, LP for the City’s consideration and processing of Reliance II Specific Plan development applications.

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

A. Verbal Report – Citywide Residential Curb Painting (Requested by Councilmember Ortiz) B. Verbal  Report  ‐  RFP  for  Installation  of  Military  Flags  near  the  Veterans  Monument (Requested by Mayor Burrola)
C. Verbal Report ‐ Founding Mothers Monument (Requested by Mayor Burrola) D. Verbal  Update  on  Allen  Drive  Parking  Conditions  related  to  the  Irwindale  Car  Wash (Requested by Mayor Pro Tem Ambriz)
E. Verbal Report ‐ Speedway Report (Requested by Mayor Pro Tem Ambriz) F. Verbal Report –  Parkways in Front of  Privately‐Owned  Properties Including  Painting of Address Numbers (Requested by Councilmember Ortiz)

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

4.   CITY MANAGER’S REPORT
October 12, 2022

5.  AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS

6.   ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE

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

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

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

1. Regular meeting held September 28, 2022
B.  Warrants
Department:  Finance
Recommendation:  Approve

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

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

4.  ADJOURN

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

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

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

October 12, 2022

1. Special Joint Meeting held September 28, 2022

2. Regular meeting held September 28, 2022

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

A. Approval of Issuance of Request for Proposals (RFP) for Property Management and Maintenance Services for Las Casitas Affordable Senior Apartment Complex Department:  Community Development
Recommendation: Authorize the issuance of a request for proposals for property management and maintenance services for Las Casitas affordable senior apartment complex.

B. Verbal Update on the 45‐Year Covenant and Equity Sharing Policy Department:  Community Development

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

4.  ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority, to be held on October 12, 2022, be posted at the City Hall, Library, and Post Office on October 6, 2022.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
IZICity Council
0Successor Agency
lZI Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: October 12, 2022
Cityo/

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
CC ITEM C1
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager/Executive Director A Resolution to Re-Ratify the Existence of a Local Emergency and Authorize Issue: Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30- Day Period Beginning October 12, 2022 through November 11, 2022 City Manager/Executive Director's Recommendation:

Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2022-97-3347, Resolution No. SA 2022-98-3348, and Resolution No.

HA 2022-19-129, entitled, "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, AND THE BOARD OF THE IRWINDALE HOUSING

AUTHORITY, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING OCTOBER 12, 2022 THROUGH NOVEMBER 11, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361".

Administrative Action:

Submitted I Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager I
Director
01005.0001/824742.1
Executive V-::.,
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Background and Analysis:

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

The State of California has implemented a phased rollback of the executive orders that were implemented due to COVID-19. Various remaining orders that were previously set to expire on June 30, 2022, were extended on June 17, 2022 for the duration of the state of emergency. The State's declared emergency continues to be in effect. Additionally, current guidance provided by the Los Angeles County Department of Public Health for reducing the risk of COVID-19 recommends social distancing from people outside your household when their vaccination status is unknown. As a result, the findings exist for the City to continue to conduct the public meetings under the AB 361 exemption, should this be the City's desire.

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

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

Page2
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations within the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) and indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

Fiscal Impact:

Conducting remote hybrid public meetings will require city staff to assist with the meeting and public participation, remotely or in-person. The fiscal impact will be based on the amount of staff required and the duration of the meeting. The fiscal impact for all Council and Commission meetings for the 30-day period beginning October 12, 2022 through November 11, 2022 is estimated to be approximately $900.

Attachment:

1. Joint Resolution No. 2022-97-3347, Resolution No. SA 2022-98-3348, and Resolution No. HA 2022-19-129
01005.0001/824742.1 Page 3
RESOLUTION NO. 2022-97-3347
RESOLUTION NO. SA 2022-98-3348
RESOLUTION NO. HA 2022-19-129

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

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE IRWINDALE HOUSING AUTHORITY, RERATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DA Y PERIOD BEGINNING OCTOBER 12, 2022 THROUGH NOVEMBER 11, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29- 20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and 01005.0001/824743.1 Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA2022-19-129

WHEREAS, on March 21, 2021, Governor Newsom issued Executive Order N-35- 20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15-21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
WHEREAS, on October 27, 2021 Qoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Qoint Resolution No. 2021-100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106), December 8, 2021 Qoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- 3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Qoint Resolution No. 2022-02-3251, SA Resolution No. 2022-03-3252 and HA Resolution No. 2022-01-111), February 9, 2022 Qoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), March 9, 2022 Qoint Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA 2022-19-129

Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028), April 13, 2022 Ooint Resolution No. 2022-30-3280, SA Resolution No. 2022-31-3281 and Resolution No. HA 2022-06-116), May 11, 2022 Ooint Resolution No. 2022-45-3295, SA Resolution No. 2022-46-3296 and Resolution No. HA 2022-10-120), June 8, 2022 Ooint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123, and Resolution No.

RA 2022-06-033); July 13, 2022 (Resolution No. 2022-68-3318, Resolution No. SA 2022- 69-3319 and Resolution No. HA 2022-14-124), July 27, 2022 (Resolution No. 2022-75- 3325, Resolution No. SA 2022-76-3326 and Resolution No. HA 2022-15-125), August 24, 2022 (Resolution No. 2022-80-3331, Resolution No. SA 2022-81-3332 and Resolution No. HA 2022-16-126), and September 14, 2022 (Resolution No. 2022-90-3340, Resolution No. SA 2022-91-3341, Resolution No. HA 2022-18-128, and Resolution No.

RA 2022-07-034) respectively the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board reviewed and declared an exemption under AB 361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period.

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

SUCCESSOR AGENCY TO THE FORMER IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, AND THE IRWINDALE HOUSING AUTHORITY BOARD DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

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

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

SECTION 3. The City Council, Successor Agency Board, and Housing Authority Board hereby find that the state of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953( e) et seq.
01005.0001/824743.1 Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA 2022-19-129

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council Successor Agency Board, Housing Authority Board and Reclamation Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, Irwindale Housing Authority Board of Commissioners, Irwindale Reclamation Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953(e). As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements, allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA 2022-19-129
Page4
SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings in-person and remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.

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

SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on October 12, 2022 and shall be effective until the earlier of (i) November 11, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED, APPROVED AND ADOPTED this 121h day of October 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
01005.0001/824743.1
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA 2022-19-129

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing joint Resolution No. 2022-97-3347, Resolution No. SA 2022-98-3348, and Resolution No. HA 2022-19- 129 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 121h day of October 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Resolution No. 2022-97-3347
Resolution No. SA 2022-98-3348
Resolution No. HA 2022-19-129

Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Govermnent Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State Septe1nber 16, 2021.]

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

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

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

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

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

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

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amonnt of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended 1neasures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

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

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

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

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

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

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

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

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

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

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

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

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

Nothing in this section shall prohibit a local agency from providing tbe public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a surmnary of a recommendation for a final action on tbe salaries, salary schedules, or compensation paid in the fonn of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.l, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 -9- Ch.165
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference nnmber, and associated access codes, if any, that allows any person to call in to participate in the meeting and the nnmber and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose ofcontracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or reco1nmended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of detennining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present itmninent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch.165 -10-
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda nntil public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer connnent in real time.

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

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

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

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present irmninent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

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

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

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

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recormnendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) ( 1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a telecouference meeting, 92 Ch. 165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishmeut of a quorum when participatiug in the teleconference if at least 50 percent of the nmuber of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the nmuber and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

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

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each 1nember present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a conunon physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Goverurnent Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (I) both bills are enacted and become effective on or before January I, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Goverurnent Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Goverurnent Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1and4.1 ofthis bill shall become operative.

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

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

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

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

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

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92
IZI City Council
DSuccessor Agency
IZI Housing Authority
I ~SP Item D2
City ef .,,,,..,,=-------- IR WIND ALE
D Reclamation Authority AGENDA REPORT
DJoint Powers Authority
Date: October 12, 2022
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager I Executive Director Issue: Approval of Settlement Agreement and Release of All Claims - Fred Barbosa and Rebecca Barbosa
City Manager I Executive Director's Recommendation:

That the Irwindale City Council and Irwindale Housing Authority Board approve and authorize the City Manager to execute the attached Settlement Agreement and Release of All Claims with Fred Barbosa and Rebecca Barbosa for full and final settlement of all claims against the City of Irwindale and the Irwindale Housing Authority for the amount of $66,505.50.

Administrative Action:

Prepared /Submitted by:

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

Adrian R. Guerra, City Attorney I General Counsel
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
/ . - /J "' 'A Julian A. Miranda, City Manager I Executive Director ~ n. c... =--I- ~-·
Background and Analysis:

On April 14, 2022, Mr. Fred Barbosa and Mrs. Rebecca Barbosa submitted a Claim for Damages against the City of Irwindale and Irwindale Housing Authority pursuant to the Government Claims Act (Government Code section 810 et seq.) for property damages related Mr. and Mrs. Barbosa's residence located at 16164 Calle de Paseo, Irwindale,

California ("Residence"). The Barbosas' claim alleges that in 2004, a former City building inspector and the Housing Authority approved faulty work on the Residence requiring improvements to the insulation, HVAC system, roof, and texture coating of the Residence. Additionally, the Barbosas submitted an additional request to the City and Housing Authority for additional alleged damages to their Residence in 2016 resulting from ground movements associated with the Manning Pit backfilling operations.

Together, these allegations are collectively referred to as the "Claim". The Claim submitted by the Barbosas totaled $88,674 and on May 26, 2022, the City Council and Board of the Housing Authority directed staff to return the claim due to its untimely filing and directed the City Manager I Executive Director to speak to the Barbosas' regarding their claim.

After further discussions, the City Council and Board of the Housing Authority directed Staff to negotiate a resolution of the Claim. City staff have negotiated the Claim and the attached Settlement Agreement and Release of All Claims is a global settlement between the City, Housing Authority, and Mr. and Mrs. Barbosa for all claims arising out of or relating to Mr. and Mrs. Barbosa's Claim. Staff is recommending the settlement be paid by the City's General Fund for the amount of $66,505.50.

Fiscal Impact:

There are sufficient funds in the City's Risk Management operating budget for the settlement payment of $66,505.50 to settle all matters.

Attachment:

Settlement Agreement and Release of All Claims
Page2

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into on this 12'h day of October, 2022 ("Effective Date") by and between Fred Barbosa and Rebecca Barbosa ("Mr. and Mrs. Barbosa" or "the Barbosas"), two individuals, the City of Irwindale (the "City"), a charter city and municipal corporation, and the Irwindale Housing Authority (the "Housing Authority"), a public body, corporate and politic. Hereinafter, "Party" shall refer individually to each of the foregoing named parties, and "Parties" shall refer collectively to all of the foregoing named parties.

RECITALS
WHEREAS, on April 14, 2022, Mr. and Mrs. Barbosa submitted a Claim For Damages against the City and Housing Authority pursuant to the Government Claims Act (Government Code section 810 et seq.) for property damages related the Barbosas' residence at 16164 Calle de Paseo in the City of Irwindale, California ("Residence").

WHEREAS, the Claim alleges that in 2004, a former City inspector and the Housing Authority approved faulty work on the Barbosas' Residence, causing damage that required improvement on the insulation, HVAC system, roof, and texture coating of the Residence.

WHEREAS, the Barbosas allege that the work done on their residence was faulty, and that the City and Housing Authority were negligent in approving the work done to the Barbosa's Residence.

WHEREAS, thereafter, the Barbosas submitted an additional request that the City and Housing Authority pay for additional alleged damages to their Residence incurred in 2016 as an alleged result of ground movements associated with the Manning Pit backfilling operations.

Together, these allegations are collectively referred to herein as the "Claim".

WHEREAS, the Claim alleges total damages in the amount of$88,674.

WHEREAS, the City Council and Board of the Housing Authority have considered the Claim and directed Staff to negotiate a resolution of the Claim with Mr. and Mrs. Barbosa.

WHEREAS, the Parties, in good faith, now deem it in their best interests and advantage to settle any and all disputes between them, and to provide for releases in accordance with the terms, covenants and conditions of this Agreement as hereinafter set forth. 01005.0001/824288.3 Page 1 of6

AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the Parties agree as follows:

1. Recitals are Part of Agreement. The preceding Recitals are true and correct, part of this Agreement, and incorporated herein by reference.

2. Settlement Payment. Within ten (I 0) business days after the Effective Date of this Agreement, the City and Housing Authority shall cause to be paid to Mr. and Mrs. Barbosa Sixty-Six Thousand Five Hundred and Five Dollars and Fifty Cents ($66,505.50) total in full consideration and settlement of the Claim by Mr. and Mrs. Barbosa (the "Settlement Sum").

Said Settlement Sum constitutes a full complete settlement and compromise of any and all disputed claims arising out of or related to any damages to the Residence knowo or unknown, any future damages to the residence, and any damages arising out of or related to the Claim whether knowo or unknown, against either the City or the Housing Authority by Mr. and Mrs.

Barbosa. Payment will be made in the form of a check made payable to "Fred and Rebecca Barbosa."

3. Release of Claims by the Barbosas. As of the Effective Date of this Agreement, Mr. and Mrs. Barbosa hereby fully and forever release, discharge, and covenant not to sue the City and/or the Housing Authority, their members, officials, consultants, attorneys, agents and any current or past employees (collectively, "Releasees") from and against any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, or expenses, fixed or contingent, whether presently knowo or unknown, which Mr. and Mrs. Barbosa now have or may hereafter have against the Releasees arising from, or in any way related to, any damages to their Residence, the Claim, or which could have been filed in any action or suit arising from said subject matter. The Parties acknowledge and agree that the payment of said Settlement Sum shall and does hereby fully and totally compensate Mr. and Mrs. Barbosa for any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, or expenses, fixed or contingent, whether presently known or unknown, which Mr. and Mrs.

Barbosa now have or may hereafter have against the Releasees arising from, or in any way related to, any damages to the Residence knowo or unknowo, any future causes of damages to the Residence, any damages arising out of the Claim known or unknown, or this Agreement.

4. Discovery of Different or Additional Facts. Mr. and Mrs. Barbosa acknowledge that they may hereafter discover facts different from or in addition to those that they now know or believe to be true with respect to the Claim, that is the subject of the Release set forth in Paragraph 3 of this Agreement, and expressly agree to assume the risk of the possible discovery of additional or different facts. Mr. and Mrs. Barbosa expressly agree that this Agreement shall 01005.0001/824288.3 Page 2 of6
be and remain effective in full settlement of their Claim in all respects regardless of any such discovery of additional or different facts.

5. Waiver of Unknown Claims. Mr. and Mrs. Barbosa agree that this Agreement is a release of ALL claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever arising from, or in any way related to, the Claim and the release in Paragraph 3 of this Agreement is intended to encompass all known and unknown, foreseen and unforeseen claims that Mr. and Mrs. Barbosa may have as a result of the Claim, including any claims that may arise from the terms of this Agreement. To that end, Mr. and Mrs. Barbosa recognize that they may have some claim, demand, or cause of action against the City and/or Housing Authority relating to or arising from the facts on which this Agreement is based of which they is totally unaware and unsuspecting, and which they hereby intend to relinquish. In furtherance of this intent, the Mr. and Mrs. Barbosa expressly agree to waive and relinquish all rights and benefits they may have against Releasees arising out of or relating to, any causes of damages to the Residence known or unknown, any future causes of damages to the Residence, and any damages arising out of the Claim !mown or unlmown, by the provisions of Section 1542 of the Civil Code of the State of California which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HA VE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
Initials
Initials

6. Indemnification. To the full extent permitted by law, Mr. and Mrs. Barbosa agree to indemnify, defend and hold harmless the City and Housing Authority, their 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 Claim or this Agreement. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

7. No Pending Actions. Each Party represents that it has not filed any complaints or charges against the other Party with any local, state, or federal agency or court with regard to the Claim; and that if any such agency or court assumes jurisdiction of any complaint or charge arising out of or relating to, the Claim, the Party will request such agency or court to withdraw and dismiss the matter forthwith.
0 I 005.0001/824288.3 Page 3 of6

8. No Assignment or Transfer. The Parties acknowledge that they have not heretofore assigned or transferred, or purported to assign or transfer, and will not assign or transfer to any person any released matter, or any part or portion thereof, and that no other person or entity of any kind has or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims referred to herein. The Parties also agree that if, contrary to the foregoing representation, there has been such assignment or transfer, the Party who has made this misrepresentation shall indemnify, defend, and hold harmless the other from and against any rights, actions, claims, causes of action, and demands of whatever nature or description, in law or equity, whether now known or unknown, suspected or unsuspected, based on, in connection with, or arising out of any such undisclosed assignment or transfer.

9. Attorneys' Fees and Costs. Each Party shall bear its own attorneys' fees and costs incurred in connection with the Claim and the negotiation and drafting of this Agreement.

10. Successors and Assigns. This Agreement and all conditions, terms, covenants and releases herein shall be binding upon and shall inure to the benefit of the Parties, and their respective legal representatives, heirs, successors, and assigns.

11. No Admission. This Agreement constitutes a compromise of disputed claims and nothing contained herein is to be construed as an admission of liability on the part of any Party or the absence of liability of any Party for any purpose.

12. Complete Defense. The Parties agree that they will not sue each other pertaining to anything asserted in, arising out of, related to, or based on the Claim or this Agreement, except as to any claims as may arise in enforcing this Agreement. The Parties agree that this Agreement may be pleaded as a complete defense to any subsequent action brought by any of the Parties regarding or relating to the subject matter of the Claim.

13. Investigation of Facts and Relevant Matters. Each of the Parties acknowledges that it has made such investigation of the facts pertaining to this Agreement and all matters pertaining hereto as it has deemed reasonable and/or necessary. The Parties warrant that ifthe facts upon which this Agreement is based are found to be different from the facts now believed to be true, this Agreement will remain binding and effective.

14. No Reliance on Outside Parties. Each of the Parties acknowledges that it has not relied upon any statement or representation by any other Party or any representative of any other Party, in making or executing this Agreement, except as expressly stated herein.

15. Advice of Counsel. Each of the Parties acknowledges that it has received, or has had the opportunity to receive, independent legal advice from an attorney with respect to the advisability of making this Agreement and with respect to the advisability of executing this Agreement. The Parties aclmowledge that they have read this Agreement and each is fully aware 01005.0001/824288.3 Page 4 of6
of, and understands its terms, and the legal consequences thereof, and is voluntarily and freely executing this Agreement.

16. Governing Law. This Agreement shall be construed and enforced pursuant to the laws of the State of California.

17. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.

18. Interpretation. Should it be necessary for a court to interpret this Agreement, the Parties agree that it has been prepared by a joint effort of all Parties. Accordingly, neither Party shall be deemed the drafter and the rule of construction providing for the interpretation of an agreement against the drafter shall not apply.

19. Modification. This Agreement cannot be modified except by an instrument in writing signed by each Party.

20. Further Acts. Each of the Parties agrees to take such further action and to execute and deliver such additional documents as any other Party may reasonably request in order to effectuate or perfect this Agreement.

21. Waiver of Breach. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.

22. Severability. The provisions of this Agreement are severable, and if one or more provisions or subcomponents should be determined to be unconstitutional, illegal, or judicially unenforceable, in whole or in part, then, unless such unenforceability would make it impossible to effectuate the original intent of the Parties, the remaining provisions or subcomponents hereof shall remain binding and enforceable.

23. Expression of Entire Agreement. This Agreement constitutes a single, integrated written contract, and as such, expresses the entire Agreement of the Parties with respect to the matters contained herein and supersedes all prior negotiations, discussions, correspondence and other communications regarding the terms and conditions hereof.

24. Full aud Complete Settlement. This Agreement constitutes a full and complete settlement of all claims arising out of, related to, or based on the Claim, whatsoever, with no reservation of any rights or claims either stated or implied. 01005.0001/824288.3 Page 5 of6

25. 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.

26. Authority to Bind. Each of the Parties represents, warrants and agrees that any person executing this Agreement on its behalf has the full right and authority to enter this Agreement on behalf of that Party and has the full right and authority to execute this Agreement and to fully bind that Party to the terms and obligations of this Agreement and that the execution and consummation of this Agreement will not result in any breach of, contravene any provision of, violate or constitute a default under any article of incorporation, charter, bylaw, mortgage, indenture, contract, agreement, instrument, judgment, statute, rule, or regulation to which that Party is subject, and there is no claim or assertion or potential claim or assertion to the contrary.

Each of the persons signing this Agreement on behalf of one or more of the Parties hereto makes the same warranties reference above.

27. Execution. This Agreement is executed on behalf of the respective Parties below. [SIGNATURES ON FOLLOWING PAGE]
01005.0001/824288.3 Page 6 of6
Dated: / / /// / > >-- ' I
Dated: / O /tr h '-- ~........,,r........,,1-----~
Dated: ________ _
ATTEST:

By: ___________ _
FRED BARBOSA:

By:~6.!~ Fred Barbosa, an Individual
REBECCA BARBOSA:

By:
1 Ak"'""'l Tf Jfk,:4 ,~ Rebecca Ba;bosa, an Individual
CITY:

CITY OF IRWINDALE
a California Municipal Corporation
By: ___________ ~
Julian A. Miranda, City Manager
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO LEGAL FORM:

By: ------------ Adrian R. Guerra, City Attorney
Dated: --------~
01005.0001/824288.3
HOUSING AUTHORITY:

IRWINDALE HOUSING AUTHORITY
a public body, corporate and politic
By: ____________ ~
Julian A. Miranda, Executive Director

ATTEST:

By: ~~~~~~~~~~~~-
Laur a M. Nieto, Chief Assistant Authority
Secretary
APPROVED AS TO LEGAL FORM:

Adrian R. Guerra, General Counsel
01005.0001/824288.3 Page 8 of6
!SI City Council
DSuccessor Agency
!SJ Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 12, 2022
cttvef

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
ASP Item D3
Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager I Executive Director Issue: Approval of Settlement Agreement and Release of All Claims - Maggie Guzman
City Manager I Executive Director's Recommendation:

That the Irwindale City Council and Irwindale Housing Authority Board approve and authorize the City Manager to execute the attached Settlement Agreement and Release of All Claims with Maggie Guzman for full and final settlement of all claims against the City of Irwindale and the Irwindale Housing Authority for the amount of $2,807.07.

Administrative Action:

Prepared /Submitted by:

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

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

Electronically Approved
Julian A. Miranda, City Manager I Executive Director
?
~ /1 ~
Background and Analysis:

On May 23, 2022, Ms. Maggie Guzman submitted a Claim for Damages against the City of Irwindale and Irwindale Housing Authority ("Claim") pursuant to the Government Claims Act (Government Code section 810 et seq.) for property damages related Ms.

Guzman's residence within the Las Casitas Senior Housing Complex, located at 5164 Ayon Avenue, Irwindale, California ("Las Casitas"). Ms. Guzman's Claim alleges that on

August 1, 2021, her apartment unit flooded causing property damages totaling $2,807.07. On July 27, 2022, the City Council and Board of the Housing Authority considered Ms. Guzman's Claim and directed Staff to negotiate a resolution with Ms.

Guzman.

City staff have negotiated the Claim and the attached Settlement Agreement and Release of All Claims is a global settlement between the City, Housing Authority, and Ms. Guzman for all claims arising out of or relating to Ms. Guzman's Claim. The settlement will be paid by California JPIA for the amount of $2,807.07.

Fiscal Impact:

None
Attachment:

Settlement Agreement and Release of All Claims
Page2

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into on this 121h day of October, 2022 ("Effective Date") by and between Maggie Guzman ("Ms. Guzman"), an individual, the City of Irwindale (the "City"), a charter city and municipal corporation, and the Irwindale Housing Authority (the "Housing Authority"), a public body, corporate and politic. Hereinafter, "Party" shall refer individually to each of the foregoing named parties, and "Parties" shall refer collectively to all of the foregoing named parties.

RECITALS
WHEREAS, on May 23, 2022, Ms. Guzman submitted a Claim For Damages against the City and Housing Authority ("Claim") pursuant to the Government Claims Act (Government Code section 810 et seq.) for property damages related Ms. Guzman's residence within the Las Casitas Senior Housing Complex, located at 5164 Ayon Avenue in the City oflrwindale, California ("Las Casitas").

WHEREAS, the Claim alleges that on August 1, 2021, Ms. Guzman's apartment unit flooded and she sustained property damages in the amount of$2,807.07.

WHEREAS, at the regular meeting of July 27, 2022, the City Council and Board of the Housing Authority considered the Claim and directed Staff to negotiate a resolution of the Claim with Ms. Guzman.

WHEREAS, the Parties, in good faith, now deem it in their best interests and advantage to settle any and all disputes between them, and to provide for releases in accordance with the terms, covenants and conditions of this Agreement as hereinafter set forth.

AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the Parties agree as follows:

1. Recitals are Part of Agreement. The preceding Recitals are true and correct, part of this Agreement, and incorporated herein by reference.

2. Settlement Payment. Within ten (I 0) business days after the Effective Date of this Agreement, the City and Housing Authority shall cause to be paid to Ms. Guzman Two Thousand Eight Hundred and Seven Dollars and Seven Cents ($2,807.07) in full consideration and settlement of the Claim by Ms. Guzman (the "Settlement Sum"). City and Housing Authority shall each contribute half of the total Settlement Sum. Said Settlement Sum constitutes a full complete settlement and compromise of any and all disputed claims arising out of or 0 !005.0001/821670.3 Page 1 of6
related to the Claim by Ms. Guzman. Payment will be made in the form of a check made payable to "Maggie Guzman."

3. Release of Claims by Ms. Guzman. Ms. Guzman hereby fully and forever releases, discharges, and covenants not to sue the City and/or the Housing Authority, their members, officials, consultants, attorneys, agents and employees (collectively, "Releasees") from and against any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, or expenses, fixed or contingent, whether presently known or unknown, which Ms.

Guzman now has or may hereafter have against the Releasees arising from, or in any way related to, the Claim, or which could have been filed in any action or suit arising from the Claim. The Parties acknowledge and agree that the payment of said Settlement Sum shall and does hereby fully and totally compensate Ms. Guzman for any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, or expenses, fixed or contingent, whether presently known or unknown, which Ms. Guzman now has or may hereafter have against the Releasees arising from, or in any way related to, the Claim or this Agreement.

4. Discovery of Different or Additional Facts. Ms. Guzman acknowledges that she may hereafter discover facts different from or in addition to those that she now knows or believes to be true with respect to the Claim, that is the subject of the Release set forth in Paragraph 3 of this Agreement, and expressly agrees to assume the risk of the possible discovery of additional or different facts. Ms. Guzman expressly agrees that this Agreement shall be and remain effective in full settlement of her Claim in all respects regardless of any such discovery of additional or different facts.

5. Waiver of Unknown Claims. Ms. Guzman agrees that this Agreement is a release of ALL claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever arising from, or in any way related to, the Claim and the release in Paragraph 3 of this Agreement is intended to encompass all known and unknown, foreseen and unforeseen claims that Ms. Guzman may have as a result of the Claim, including any claims that may arise from the terms of this Agreement. To that end, Ms. Guzman recognizes that she may have some claim, demand, or cause of action against the City and/or Housing Authority relating to or arising from the facts on which this Agreement is based of which she is totally unaware and unsuspecting, and which she hereby intends to relinquish. In furtherance of this intent, the Ms.

Guzman expressly agrees to waive and relinquish all rights and benefits she may have against Releasees arising out of or relating to, the Claim, by the provisions of Section 1542 of the Civil Code of the State of California which provides as follows:
01005.0001/821670.3
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
7~ Initials

6. Indemnification. To the full extent permitted by law, Ms. Guzman agrees to indemnify, defend and hold harmless the City and Housing Authority, their 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 Claim or this Agreement. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

7. No Pending Actions. Each Party represents that it has not filed any complaints or charges against the other Party with any local, state, or federal agency or court with regard to the Claim; and that if any such agency or court assumes jurisdiction of any complaint or charge arising out of or relating to, the Claim, the Party will request such agency or court to withdraw and dismiss the matter forthwith.

8. No Assignment or Transfer. The Parties acknowledge that they have not heretofore assigned or transferred, or purported to assign or transfer, and will not assign or transfer to any person any released matter, or any part or portion thereof, and that no other person or entity of any kind has or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims referred to herein. The Parties also agree that if, contrary to the foregoing representation, there has been such assignment or transfer, the Party who has made this misrepresentation shall indemnify, defend, and hold harmless the other from and against any rights, actions, claims, causes of action, and demands of whatever nature or description, in law or equity, whether now known or unknown, suspected or unsuspected, based on, in connection with, or arising out of any such undisclosed assignment or transfer.

9. Attorneys' Fees and Costs. Each Party shall bear its own attorneys' fees and costs incurred in connection with the Claim and the negotiation and drafting of this Agreement.

10. Successors and Assigns. This Agreement and all conditions, terms, covenants and releases herein shall be binding upon and shall inure to the benefit of the Parties, and their respective legal representatives, heirs, successors, and assigns.

11. No Admission. This Agreement constitutes a compromise of disputed claims and nothing contained herein is to be construed as an admission of liability on the part of any Party or the absence of liability of any Party for any purpose.
01005.0001/821670.3 Page 3 of6

12. Complete Defense. The Parties agree that they will not sue each other pertaining to anything asserted in, arising out of, related to, or based on the Claim or this Agreement, except as to any claims as may arise in enforcing this Agreement. The Parties agree that this Agreement may be pleaded as a complete defense to any subsequent action brought by any of the Parties regarding or relating to the subject matter of the Claim.

13. Investigation of Facts and Relevant Matters. Each of the Parties acknowledges that it has made such investigation of the facts pertaining to this Agreement and all matters pertaining hereto as it has deemed reasonable and/or necessary. The Parties warrant that ifthe facts upon which this Agreement is based are found to be different from the facts now believed to be true, this Agreement will remain binding and effective.

14. No Reliance on Outside Parties. Each of the Parties acknowledges that it has not relied upon any statement or representation by any other Party or any representative of any other Party, in making or executing this Agreement, except as expressly stated herein.

15. Advice of Counsel. Each of the Parties acknowledges that it has received, or has had the opportunity to receive, independent legal advice from an attorney with respect to the advisability of making this Agreement and with respect to the advisability of executing this Agreement. The Parties acknowledge that they have read this Agreement and each is fully aware of, and understands its terms, and the legal consequences thereof, and is voluntarily and freely executing this Agreement.

16. Governing Law. This Agreement shall be construed and enforced pursuant to the laws of the State of California.

17. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.

18. Interpretation. Should it be necessary for a court to interpret this Agreement, the Parties agree that it has been prepared by a joint effort of all Parties. Accordingly, neither Party shall be deemed the drafter and the rule of construction providing for the interpretation of an agreement against the drafter shall not apply.

19. Modification. This Agreement cannot be modified except by an instrument in writing signed by each Party.

20. Further Acts. Each of the Parties agrees to take such further action and to execute and deliver such additional documents as any other Party may reasonably request in order to effectuate or perfect this Agreement.
01005.0001/821670.3 Page 4 of6

21. Waiver of Breach. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.

22. Severability. The provisions of this Agreement are severable, and if one or more provisions or subcomponents should be determined to be unconstitutional, illegal, or judicially unenforceable, in whole or in part, then, unless such unenforceability would make it impossible to effectuate the original intent of the Parties, the remaining provisions or subcomponents hereof shall remain binding and enforceable.

23. Expression of Entire Agreement. This Agreement constitutes a single, integrated written contract, and as such, expresses the entire Agreement of the Parties with respect to the matters contained herein and supersedes all prior negotiations, discussions, correspondence and other communications regarding the terms and conditions hereof.

24. Full and Complete Settlement. This Agreement constitutes a full and complete settlement of all claims arising out of, related to, or based on the Claim, whatsoever, with no reservation of any rights or claims either stated or implied.

25. 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.

26. Authority to Bind. Each of the Parties represents, warrants and agrees that any person executing this Agreement on its behalf has the full right and authority to enter this Agreement on behalf of that Party and has the full right and authority to execute this Agreement and to fully bind that Party to the terms and obligations of this Agreement and that the execution and consummation of this Agreement will not result in any breach of, contravene any provision of, violate or constitute a default under any article of incorporation, charter, bylaw, mortgage, indenture, contract, agreement, instrument, judgment, statute, rule, or regulation to which that Party is subject, and there is no claim or assertion or potential claim or assertion to the contrary.

Each of the persons signing this Agreement on behalf of one or more of the Parties hereto makes the same warranties reference above.

27. Execution. This Agreement is executed on behalf of the respective Parties below. [SIGNATURES ON FOLLOWING PAGE]
0 I 005.0001/821670.3 Page 5 of6
Dated: /(7 - /; ~ .'.J- ":2-.
'
Dated: ___________ _
ATTEST:

By: ___________ ~
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO LEGAL FORM:

By: ___________ ~
Adrian R. Guerra, City Attorney
Dated: ___________ _
GUZMAN:

By: fl/9Jk~,,xP'~ &/Vµ .-
Maggie Guzman, an Individual
CITY:

CITY OF IRWINDALE
a California Municipal Corporation
By: ___________ ~
Julian A. Miranda, City Manager
HOUSING AUTHORITY:

IRWINDALE HOUSING AUTHORITY
a public body, corporate and politic
By: ___________ ~
Julian A. Miranda, Executive Director
0 !005.00011821670.3 Page 6 of6
ATTEST:

By:_~~~~~~~~~~~
Laura M. Nieto, Chief Assistant Authority
Secretary
APPROVED AS TO LEGAL FORM:

By: ___________ _
Adrian R. Guerra, General Counsel
01005.00011821670.3 Page 7 of6
CC and HA ITEM 1A1

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

WEDNESDAY
5:31 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: 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/ Board Member Mark A. Breceda
Also Present: Julian A. Miranda, City Manager I Executive Director; Jamie Traxler, Assistant City Attorney I General Counsel There were no speakers.

At 5:33 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
A) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, direction given to staff; no reportable action taken
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
A) 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 given to staff; no reportable action taken
B) Property: South Manning Pit (APNs 8417-034-905; 8417-034, 907, 8417-007-908)
Agency Negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering I Building Official Negotiating Parties: Los Angeles County Flood Control District Under Negotiation: Price and Terms

CC AND HA MINUTES

SPECIAL MEETING

RECONVENE IN

OPEN SESSION

ADJOURNMENT
SEPTEMBER 28, 2022
PAGE2
ACTION: Discussed, direction given to staff; no reportable action taken (Mayor Burrola announced a conflict, did not participate in the discussion, and exited the room).

Liability Claims
Pursuant to Government Code Section 54956.95
A) Claimant: Maggie Guzman
Agency Claimed Against: City of Irwindale, Irwindale Housing Authority
ACTION: Direction given to staff; no reportable action taken B) Claimants: Fred & Becky Barbosa
Agency Claimed Against: City of Irwindale, Irwindale Housing Authority
ACTION: Direction given to staff; no reportable action taken At 6:45 p.m., the City Council reconvened in Open Session.

There being no further business to conduct, the meeting was adjourned at 6:47 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
I cc ITEM 1A2 I
IRWINDALE CITY COUNCIL CHAMBER+ SEPTEMBER 28, 2022
5050 N. IRWINDALE AVENUE ...._ _______ _. WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:47 P.M.

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

ROLL CALL:

CHANGES TO THE
AGENDA

CITY MANAGER

MIRANDA

COUNCILMEMBER

TRAVEL REPORTS

COUNCILMEMBER

COMMENTS

MAYOR PRO TEM
AMBRIZ

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

Absent: Councilmember Mark A Breceda

Present: Julian A Miranda, City Manager; Jamie Traxler, Assistant City Attorney; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Deputy City Clerk City Manager Miranda noted that Item No. 1 C was revised to include Assistant City Manager Olivares' signature instead of his since he has a conflict of interest on the item.

There were none.

Mayor Pro Tern Ambriz requested that Chief Castro express his thoughts on street takeovers and asked that he speak on an event he participated in last week, to which Chief Castro advised that he and the Irwindale Police Department participated in a press conference at the Irwindale Speedway organized by the LA Co. Sheriff's Dept., the CA Highway Patrol, and the Speedway, to discuss street racing in the County. The family members of individuals that passed away due to illegal street racing spoke at the event, as did members of the District Attorney's Office that prosecute illegal street racing. However, those eager to race their vehicles can do so at the Irwindale Speedway in a safe environment. Officers can issue speeding tickets inviting individuals to race at the Speedway for free, with the hope of gaining their voluntary compliance. Officers are also working on deterring illegal street racing and street takeovers.

CITY COUNCIL MINUTES SEPTEMBER 28, 2022
REGULAR MEETING PAGE 2
COUNCILMEMBER Responding to a question by Councilmember Garcia, Chief Castro GARCIA advised that officers have not yet issued those tickets to speeders, though staff continues working with the Speedway and with officers so that they can be issued.

MAYOR BURROLA Mayor Burrola acknowledged the Irwindale Police Department's two new vehicles and stated his hope that more could be obtained next year.

DENA ZEPEDA Dena Zepeda stated her opinion that visitors that race at the Speedway will leave the site excited and eager to race on Irwindale streets, which will lead to accidents and deaths. She also spoke against noise and air pollution.

CHIEF CASTRO Chief Castro indicated that the Irwindale Speedway is a properly zoned private business that has events on Thursday nights. He noted that the efforts he spoke about are an attempt to get the individuals that use Irwindale streets to try out Irwindale Speedway instead for racing. He further noted that the Irwindale Police Department is diligent in preventing individuals from leaving the Speedway to race on surface streets.

INTRODUCTION OF

NEW EMPLOYEES I
PROMOTIONS There were none.

PROCLAMATIONS I

PRESENTATIONS I

COMMENDATIONS

RECOGNITION OF RECOGNITION OF IRWINDALE SERGEANT RUDY GATTO, LOS

IRWINDALE SERGEANT ANGELES REGIONAL CRIME STOPPERS LAW ENFORCEMENT

RUDY GATTO, LOS PARTNER OF THE YEAR

ANGELES REGIONAL
CRIME STOPPERS The presentation was made.

LAW ENFORCEMENT

PARTNER OF THE
YEAR

CHAMBER OF CHAMBER OF COMMERCE BUSINESS OF THE MONTH -

COMMERCE YELLOW IRON

BUSINESS OF THE
MONTH - YELLOW The presentation was made.

IRON

CHAMBER OF CHAMBER OF COMMERCE QUARTERLY UPDATE

COMMERCE
QUARTERLY UPDATE The presentation was made.

CITY COUNCIL MINUTES

REGULAR MEETING

SPONTANEOUS

COMMUNICATIONS
SEPTEMBER 28, 2022
PAGE3
MARIANA QUINONES Mariana Quinones acknowledgment the Recreation Department for its positive and proactive programs.

CARMEN ROMAN Carmen Roman asked about the Irwindale Speedway program that Chief Castro mentioned, asked if tickets will be given to Irwindale residents only, and whether additional funding for more patrols would be needed. She also thanked staff, residents, and family for an event honoring James "Jimbo" Ysais at the park.

DENA ZEPEDA Dena Zepeda thanked staff and family for the event at the park honoring James Ysais, asked questions about the 45-year covenant attached to the city housing programs, noted that residents complain about noise and air pollution issues caused by the Speedway, and thanked Jeff Cameron at United Rock Products for addressing her dust complaints.

ROBERT DIAZ Robert Diaz made zoning recommendations, including rezoning the Durbin site to commercial. He also requested that "regional commercial" be redefined.

FRED BARBOSA Fred Barbosa suggested charging people to race in Irwindale, and spoke against the construction of truck bays and warehouses.

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar, with the exception of Item No. 1C, which was removed from the agenda for separate consideration. The motion was unanimously approved; Councilmember Breceda absent.

MINUTES
The following minutes were approved:
1) Special joint meeting held September 14, 2022
2) Regular meeting held September 14, 2022
3) Special joint meeting held September 19, 2022
ITEM NO. 1 B WARRANTS I DEMANDS I PAYROLL

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

END OF CONSENT CALENDAR
ITEM NO. 1C

ACCEPTANCE OF
ACCEPTANCE OF ALFRED F. HERRERA SOFTBALL FIELD

LIGHTING IMPROVEMENT PROJECT

CITY COUNCIL MINUTES

REGULAR MEETING
ALFRED F. HERRERA

SOFTBALL FIELD

LIGHTING

IMPROVEMENT

PROJECT

COUNCILMEMBER

GARCIA AND CITY

MANAGER MIRANDA
MOTION

COUNCILMEMBER

GARCIA AND CITY

MANAGER MIRANDA

NEW BUSINESS

PUBLIC HEARINGS

CITY MANAGER'S
REPORT

CITY MANAGER

MIRANDA

AGENDA ITEMS

REQUESTED BY

COUNCILMEMBERS

COUNCILMEMBER
GARCIA
RECESS
SEPTEMBER 28, 2022
PAGE4
Councilmember Garcia and City Manager Miranda declared potential conflicts of interest on this item and exited the Council Chambers at 7:41 p.m.

A motion was made by Council member Ortiz, seconded by Mayor Pro Tern Ambriz, to ratify the changes in the work and accept the improvements and maintenance responsibility for the Alfred F.

Herrera Softball Field Lighting Improvement Projected located in Irwindale Park, approve the final construction amount of $555,277.93, and authorize the City Clerk to record the Notice of Completion. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.

Councilmember Garcia and City Manager Miranda returned to the Council Chambers at 7:41 p.m.

None.

None.

City Manager Miranda reported the following:
1) The first annual Business Expo and Taste of Irwindale will be held on October 13.
2) The final MariachiFest event for this season is scheduled for Friday, September 30.
3) The Recreation Department is offering a trip to Descanso Gardens on October 14 and a Teen Trip to Universal Studios Halloween Haunt on October 15.
4) Registrations for fall events are now being accepted by the Recreation Department.

Councilmember Garcia excused himself from the meeting at 7:44 p.m.

At 7:44 p.m., Mayor Burrola requested a short recess.

CITY COUNCIL MINUTES

REGULAR MEETING

RECONVENE
ITEM NO. 4A

DISCUSSION

REGARDING THE

INSTALLATION OF

MILITARY FLAGS

NEAR VETERANS

MONUMENT

MAYOR BURROLA

CITY MANAGER

MIRANDA

MAYOR PRO TEM
AMBRIZ

MAYOR BURROLA
ITEM NO. 4B

DISCUSSION

REGARDING A

FOUNDING MOTHERS

MONUMENT IN THE

MEMORIAL GARDEN

MAYOR BURROLA

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

DENA ZEPEDA

CITY MANAGER

MIRANDA
The City Council reconvened at 7:52 p.m.

SEPTEMBER 28, 2022
PAGE5

DISCUSSION REGARDING THE INSTALLATION OF MILITARY
FLAGS NEAR VETERANS MONUMENT (requested by Mayor
Burrola)
Mayor Burrola requested that staff prepare and release a Request for Proposals for the installation of military flags on the Veterans Monument.

City Manager Miranda asked clarifying questions regarding the request, to which Mayor Burrola indicated that he was interested in constructing a structure with 25-foot flagpoles for the military flags, including spotlight lighting.

Mayor Pro Tern Ambriz expressed his support for the creation of a permanent flag structure with lighting.

Mayor Burrola requested that a report on his request be prepared and presented to the Council as soon as possible.

DISCUSSION REGARDING A FOUNDING MOTHERS MONUMENT
IN THE MEMORIAL GARDEN (requested by Mayor Burrola)
Mayor Burrola noted that many residents have requested that a monument be created to honor the city's founding mothers in recognition of the many contributions they have made to the city. He asked about the potential for establishing an application process, to include the candidate's contributions and their history.

Councilmember Ortiz agreed with the concept. He inquired whether the intent was to create a wall with plaques.

Mayor Pro Tern Ambriz supported the idea and suggested that Council give direction to staff to inquire with the community to gauge their interest in the Council's suggestions, and to give them an opportunity to make further suggestions.

Dena Zepeda agreed with the suggestions made.

City Manager Miranda advised that staff will look into the request and will present a verbal update at the next meeting.

CITY COUNCIL MINUTES

REGULAR MEETING
ITEM NO. 4C

DISCUSSION

REGARDING PARKING

CONCERNS ALONG

ALLEN DRIVE

MAYOR PRO TEM
AMBRIZ

COUNCILMEMBER
ORTIZ

MAYOR BURROLA

CITY MANAGER

MIRANDA

DENA ZEPEDA
ITEM NO. 4D

DISCUSSION

REGARDING THE

PARKWAY AT
IRWINDALE AVE. AND

CALLE DE PASEO

PARKWAY

COUNCILMEMBER
ORTIZ
SEPTEMBER 28, 2022
PAGE6

DISCUSSION REGARDING PARKING CONCERNS ALONG ALLEN
DRIVE (requested by Mayor Pro Tern Ambriz)
Mayor Pro Tern Ambriz indicated that residents have complained that employees of the Irwindale Car Wash are parking their vehicles along Allen Drive, leaving little parking availability for friends and family of the Allen Drive residents when they visit. He acknowledged that Allen Drive is a public street, but suggested that the business provide parking for their employees. He stated that residents have asked the employees to park their vehicles elsewhere, only to be told that they have the right to park on the public street. He requested that staff look into the concern and return with a report.

Mayor Pro Tern Ambriz also requested that the issue relating to street racing and street takeovers be placed on the agenda for the next meeting for further discussion.

Councilmember Ortiz agreed with Mayor Pro Tern Ambriz and noted that he has previously discussed the Allen Drive parking concerns with former City Manager William Tam. He suggested potentially placing parking restrictions on the street so that residents can utilize the available parking spots, or asking the business to have their employees park across Arrow Highway or Allen Drive.

Mayor Burrola stated that the business' employees ignore the residents' requests that they park elsewhere and indicated that residents have resorted to placing their trashcans on the street to block parking availability.

City Manager Miranda indicated that staff would look into the concern and report back.

Dena Zepeda suggested working with the business to come up with a solution.

DISCUSSION REGARDING THE PARKWAY AT IRWINDALE
AVENUE AND CALLE DE PASEO PARKWAY (requested by
Councilmember Ortiz)
Councilmember Ortiz noted a request he received from the resident living at the corner of Irwindale Avenue and Calle de Paseo to pour concrete in a section of the sidewalk to cover up the dead grass. He added that, if this is approved, perhaps other residents would be

CITY COUNCIL MINUTES

REGULAR MEETING

DIRECTOR

RODRIGUEZ

COUNCILMEMBER
ORTIZ

MAYOR BURROLA

COUNCILMEMBER
ORTIZ

DENA ZEPEDA
SEPTEMBER 28, 2022
PAGE?
interested in doing the same, and inquired whether this is something that the city would pay for, to which City Manager Miranda advised that parkways are generally the residents' responsibility to maintain.

Director Rodriguez noted that the Street and Highway Code states that parkways are the responsibility of the homeowners. Additionally, staff has researched the request and has found that past City Councils, City Managers, and City Attorneys have consistently indicated that parkways are the responsibility of the homeowners.

Staff has also received requests from residents for the city to maintain their parkways, and have been informed of the same. Also, the houses built under the Olson project all have Covenants, Conditions, and Restrictions advising the homeowners of their responsibility to maintain their parkways. She further noted that there are 73 households in the city where the homeowners are responsible for maintaining their parkways and cautioned that, if the subject request were approved, then the city would be responsible for offering the same services to all 73 households, which would require the city to allocate funds and staff or contractors to perform the work.

Councilmember Ortiz stated that the city might not necessarily receive requests to fill parkways from all 73 homeowners.

Responding to an additional question by Councilmember Ortiz, Director Rodriguez indicated that Chapter 17 of the Planning Code requires parkways to be landscaped, which could include drought tolerant plants. She noted that drip-watering systems would be required to be tied-in to the resident's property. She reiterated that, if the request were granted for one resident, it would need to be offered to all.

Councilmember Ortiz asked whether the resident would be permitted to fill the parkway himself, to which Director Rodriguez advised that she would have to look into whether this is permissible.

Mayor Burrola asked whether the parkway-landscaping requirement would be met with the placement of decorative rocks, to which Director Rodriguez indicated that the landscaping could include mulch, rocks, permeable bricks, and drought-tolerant plants, and that it does not necessarily require grass.

Councilmember Ortiz requested that staff analyze the code to determine which options are available.

Dena Zepeda suggested offering grants to beautify streets with drought tolerant landscaping.

CITY COUNCIL MINUTES

REGULAR MEETING
RECESS

RECONVENE

COUNCILMEMBER
ORTIZ

ADJOURNMENT
SEPTEMBER 28, 2022
PAGES
At 8:23 p.m., Mayor Pro Tern Ambriz walked out of the Council Chambers, which prompted Mayor Burrola to call a recess until Mayor Pro Tern Ambriz's return due to the lack of Council quorum.

At 8:25 p.m., Mayor Pro Tern Ambriz returned to the Council Chambers and the meeting was reconvened.

Councilmember Ortiz reiterated his request for Director Rodriguez to report back to the Council with the available options, which Director Rodriguez agreed to do.

There being no further business to conduct, the meeting was adjourned at 8:27 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Payroll Batch

DATE OF ISSUE
9/8/22
Payroll Batch

DATE OF ISSUE
9/22/22

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
September 2022
403-09-22, 404-09-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
417-09-22, 418-09-22-419-09-22,420-09-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC ITEM 18
AMOUNT
1,731.15
50,783.83
29,154.37
221,331.31
23,720.88
10,666.43
17,643.04
13,331.36
29,708.86
30,576.55
57,132.07
485,779.85
(140,732.57)
(16,516.14)
328,531.14
AMOUNT
7,123.77
48,672.47
26,011.06
200,794.58
24,657.40
11,610.39
17,720.93
13,349.59
29,216.61
30,199.08
51,731.48
461,087.36
(127,736.28)
(18,109.01)
315,242.07
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 10/5/2022 9:34 PM

IRWINDALE ----------- --------
Check No Vendor No Vendor Name Check Date Check Amount
78034 AMBRIZ05 Albert Ambriz 09/22/2022 7.50
78035 AMERIC34 American Fidelity Assurance Co 09/22/2022 2,733.64 78036 AT&T02 AT&T 09/22/2022 33.64
78037 AT&T06 AT&T 09/22/2022 1,669.36
78038 NESTOl Blue Triton Brands, Inc. 09/22/2022 271.83 78039 CALPOLOI Cal Poly Pomona Foundation, Inc. 09/22/2022 300,00 78040 SANGABll California Newspapers Partnership 09/22/2022 655.08 78041 PMIDEN Delta Dental Insurance Company 09/22/2022 991.77 78042 PMIDENOI Delta Dental of California 09/22/2022 13,727.49 78043 FRONTOI Frontier Communications 09/22/2022 46.51
78044 GALVAN02 Claudia Galvan 09/22/2022 240.00
78045 GARCIA03 Manuel Garcia 09/22/2022 2,101.41
78046 GOVERN05 Government Tax Seminars, LLC 09/22/2022 475.00 78047 HDLCOR HdL Coren & Cone 09/22/2022 1,575.00
78048 HO YEN Noelle Hoye 09/22/2022 210.00
78049 LEGAL03 Legal Shield 09/22/2022 37.90
78050 MARIO! Mariachi Lindas Mexicanas Inc. 09/22/2022 1,500.00 78051 MCIWOR MCI Comm Service 09/22/2022 38.83
78052 NATION23 National Union Fire Insurance 09/22/2022 722.78 78053 PEARSOOI NCS Pearson, Inc 09/22/2022 33.00
78054 OFFICE03 Office Depot 09/22/2022 3,274.92
78055 OPTUMOI OptumRx, Inc. 09/22/2022 28,774.14
78056 PETTYC05 City oflrwindale Petty Cash 09/22/2022 477.99 78057 RANCHOOl Rancho Duarte Florist 09/22/2022 75.00
78058 SCFUELS SC Fuels 09/22/2022 8,955.25
78059 SCFUELS SC Fuels 09/22/2022 17,200.60
78060 SMART& Smart & Final 09/22/2022 1,419.58
78061 STANDA03 Standard Insurance Company 09/22/2022 2,306.73 78062 VISIONOl Vision Service Plan - (CA) 09/22/2022 1,724.31 78063 VISIONOI Vision Service Plan - (CA) 09/22/2022 4,664.46 78064 GALLARDC Claudia Carlos 09/22/2022 328.00
78065 GARCIA03 Manuel Garcia 09/22/2022 146.36
78066 RANCHOOI Rancho Duarte Florist 09/22/2022 384.24
78067 TAP!All Sylvia Tapia 09/22/2022 457.00
78068 CALIF056 California State Disbursement Unit 09/22/2022 604.15 78069 CALIF057 California State Disbursement Unit 09/22/2022 143.07 78070 CITYOI City of Hope 09/22/2022 54.00
78071 !CEA Irwindale City Employee Assoc, 09/22/2022 726.00 78072 IMEA Irwindale Mgn1t Employee Assoc. 09/22/2022 520.00 78073 IRWIND02 Irwindale Police Officers Assoc. 09/22/2022 3,288.10 78074 OSTERHOI Delfina Osterheim 09/26/2022 96.00
78075 ZEPEDA07 Priscilla Zepeda 09/26/2022 143.00
78077 VARGAS03 Jose Vargas 09/29/2022 2,012.93
78078 HDLCOR HdL Coren & Cone 09/29/2022 795.00
78079 HINDER Hinderliter, De Llamas & Assoc 09/29/2022 3,870.75 78080 AGUILA06 Luz Aguilar 09/29/2022 236.50
78081 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 09/29/2022 1,327.00 AP Checks by Date - Summary by Check Number (10/5/2022 9:34 PM) Pagel Check No Vendor No Vendor Name Check Date Check Amount
78082 AMERIFID American Fidelity Assurance 09/29/2022 7,025.04 78083 AP!Ol Rey Apita 09/29/2022 58.50
78084 ARIASO! Michael Arias 09/29/2022 362.28
78085 AyalaOl Leonor Ayala 09/29/2022 438.00
78086 BARBOS04 Dolores Barbosa 09/29/2022 235.00
78087 BRIGHT02 Bright Stars Academy 09/29/2022 450.00
78088 BURGUAOl Rene Burguan 09/29/2022 5,450.00
78089 CALIF003 California JPIA 09/29/2022 14,800.00
78090 CALl22 CAP IO 09/29/2022 55.00
78091 GALLARDC Claudia Carlos 09/29/2022 25.00
78092 CHH!Ol Satonny Chhin 09/29/2022 75.00
78093 CONCEOl Concentra 09/29/2022 115.00
78094 EVANS02 Gloria Evans 09/29/2022 300.00
78095 GOMEZG Greg Gomez 09/29/2022 33.43
78096 GOMEZS Suzanne Gomez 09/29/2022 31.63
78097 GUTIE02 Olivia Gutierrez 09/29/2022 75.00
78098 HANNAOl Arsanious Hanna 09/29/2022 1,415.20
78099 HO MEDE Home Depot Credit Services 09/29/2022 1,446.00 78100 ABELOl Abel Jimenez 09/29/2022 600.00
78101 MART!Ol Elodia Martinez 09/29/2022 75.00
78102 MMASC MMASC 09/29/2022 90.00
78103 OROSCON Natalie Orosco 09/29/2022 75.00
78104 PUBLOl Public Safety Consulting, Inc. 09/29/2022 28,764.73 78105 ROCHO! Sarah Rocha 09/29/2022 145.46
78106 SCPLRCOl SCPLRC Membership 09/29/2022 300.00
78107 STANDAOl Standard Insurance Co. RV 09/29/2022 459.95 78108 TEXASOl Texas Life Insurance Co. 09/2912022 3,558.59 78109 TRUJ!Ol Jessica Trujillo 09/29/2022 75.00
78110 VISIONO! Vision Service Plan - (CA) 0912912022 341.03 78111 WAGONER Pamela Wagoner 09/29/2022 200.00
78112 ZEPEDA07 Priscilla Zepeda 09/29/2022 213.89
78113 CITYOF18 City of Santa Fe Springs 10/12/2022 26,076.27 78114 COUNTY04 County of Los Angeles 10/12/2022 23,787.08 78115 DEPTOF04 Dept Of Transportation 10/12/2022 11,060.71 78116 DEPTOF04 Dept Of Transportation 10/12/2022 13,460,95 78117 FCGOl FCG Consultants Inc. 10/12/2022 5,237.40
78119 CALIBEOl Lawrence E. Marino 10/12/2022 5,310.09
78120 HARDY02 Hardy & Harper 10/12/2022 186,101.36
78121 ALESHIRE Aleshire & Wynder, LLP 10/12/2022 69,970.07 78122 ALLC!Ol All City Management Services, Inc 10/12/2022 807.82 78123 ASCAPOl AS CAP 10/12/2022 409.46
78124 B&BTIR B & B Tires Service 10/12/2022 60.00
78125 BAK.ERO! Baker & Taylor Books 10/12/2022 733.43
78126 BLACKA Black & White Emergency Vehicles 10/12/2022 1,998.35 78127 BM!Ol BM! 10/12/2022 391.00
78128 BRITEW BriteWorks, Inc. 10/12/2022 13,539.95
78129 CALl12 California Consulting Inc. 10/12/2022 9,000.00 78130 CASTA02 Esteban Castaneda 10/12/2022 180.00
Report Total (95 checks): 546,788.49
AP Checks by Date - Summary by Check Number (I 0/5/2022 9:34 PM) Page2 Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 10/5/2022 9:35 PM

IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
78164 CINTAS Cintas Corporation #693 10/12/2022 271.32
78165 CIVIC02 CivicPlus, LLC 10/12/2022 4,725.00
78166 COSTAO! Costar Realty Information, Inc. 10/12/2022 400.00 78167 DEPTOF02 County of LA Dept of Animal Care & Cont 10/12/2022 4,806.45 78168 COUNTY04 County of Los Angeles 10/12/2022 15,076.33 78169 CPRSCA CPRS Park & Recreation 10/12/2022 300,00
78170 DUDEKOl Dudek 10/12/2022 7,410.00
78171 ECOLABOl ECOLAB 10/12/2022 282.91
78172 BATEOl Elior Inc. 10/12/2022 3,889.88
78173 FCGOl FCG Consultants Inc. 10/12/2022 30,800.90
78174 FED EX FedEx 10/12/2022 86.47
78175 GARVEY Garvey Equipment Co 10/12/2022 1,077.45
78176 GEO LOG Geologic Associates 10/12/2022 28,348.38
78177 IRWIND07 Irwindale Auto & Truck Elec. 10/12/2022 200,00 78178 IRWIND04 Irwindale Chamber Of Commerce 10/12/2022 7,500.00 78179 IRWIND03 Irwindale Tire Shop 10/12/2022 22.00
78180 JU STIRE Just Tires 10/12/2022 635.59
78181 LANDSC Landscape Warehouse III Inc. 10/12/2022 10.62 78182 LAWEOI Law Enforcement Medical Services, Inc. 10/12/2022 150.00 78183 MOTOROI Motorola Solutions, Inc. 10/12/2022 566.59 78184 OFFICE03 Office Depot 10/12/2022 737.92
78185 ORKINP Orkin Pest Control 10/12/2022 492.00
78186 POWERMOl Power Muffler & Brakes Inc. 10/12/2022 3,103.45 78187 PRO PRINT Pro Printing, Inc. 10/12/2022 4,076.91
78188 PROFOROI ProF orce Law Enforcement 10/12/2022 4,685.05 78189 PACIFil3 Rene David LTD 10/12/2022 572.02
78190 SIERRAOI Sierra Chevrolet 10/12/2022 122.97
78191 NORTHR The Northridge Group, Inc. 10/12/2022 5,689.31 78192 TUCKER Tucker Tire Company, Inc. 10/12/2022 503.58 78193 WALTO! Walters Wholesale Electric Co. 10/12/2022 6.48 Report Total (30 checks): 126,549.58
AP Checks by Date. Summary by Check Number (10/5/2022 9:35 PM) Page I 0City Council
DSucces_sor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 12, 2022
Otyef

IRWINDALE

AGENDA REPORT
CC ITEM 1C
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Rejection of Claim: John Saavedra vs. City of Irwindale City Manager's Recommendation:

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

Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

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

On September 22, 2022, the City received a claim for damages from claimant John Saavedra. Claimant Saavedra alleges that his vehicle was damaged by uneven pavement on Rivergrade Road and Live Oak Avenue.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim because the City did not have notice of the defect in the roadway until after the claim had been filed. Accordingly, staff recommends that the City Council reject the claim because the City is not liable for maintaining a dangerous condition of public property. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Rejection Notice to City from Carl Warren & Co.

Claim for Damages received September 22, 2022

Rejection of Claim
John Saavedra vs. City of Irwindale
A@VENSROOK Company
9/26/'}fJ'l2
TO: City of Irwindale
ATTENTION: laura Nieto
RE: Qaim : John Saavedra V. City of Irwindale
Claimant : John Saavedra
Member : City of Irwindale
Date Rec'd byMbr :09-22-2022
Date of Event : 09-J 8-2022
CW Ale Number : 3038462 JBV
Please allow this correspondence to acknowtedge receipt of the captioned cfaim_ Please take the following action:
• CLAIM REJECTION: Smtl. i111 stamlartl r~n lMtu kJ fflg ilaiJrumt Please include a proof of mailing with your rejection notice to the claimant. Please provide us with a copy of 1he Notice of Rejection and copy of Proof of Mailing. If you have any questions. feel free to contact the assigned adjuster or the undersigned claims speciarr:st
Very truly you,.,,
?-*- "»"'-;Hr
Janice Baluyut
Clafmio Examiner
Cart Wonen & Company. LLC I A Venbfook Company
Direct: 657 .622.4326
Emait [email protected]
PO Box 2411, !urlin. CA '92781
T: 657-622-4200 I F: 866--254-4423 I www.cart.....oarren.com CA Lic.ense #~607296

Rejection of Claim
John Saavedra vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

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

RECEIVED

2. Claims for damages to real property must be filed not later than 1 year after occurrence. 12 'JS-pro
SEP 2 2 202;~
CITY OF IRWINDXlE
CITY CLERKS DEPT.

3. Read entire claim before filing.

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

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

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

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 Clerk's Official
Filing Stamp
To: City of Irwindale Claimant's Date of Birth
Name of Claimant
Home Address of Claimant
Name and address to which you desire notices or communications to be sent regarding this claim:

When did DAMAGE or INJURY occur?
Date: q · I Cf, Z ? Time: ~(,,~: _l._(c~--­
lf claim is for Equitable Indemnity, give date
claimant served with complaint: _____ _
Names of any City employees involved in INJURY or DAMAGE Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:
~'" • .-9 {'A""' R 4
L Cl/ ~ Cl (\. \!:..

Describe in detail how the DAMAGE or INJURY occurred.

Why do you claim the City of Irwindale Is responsible?
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed. \~l\l"ovl v-.,\.5,~v"\t>I\\ ()fP oif\ CV'IZ
Claimant's Name:

State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation.

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

Was damage and/or injury investigated by the police? ~f\~O~ __ If yes, what City? ------------- Were paramedics or ambulance called? -"~0~ __ If yes, name City or ambulance _____________ _ If injured, give name and address of your doctor and the date and time of your first visit:

Doctors and Hospitals:

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

Address, _____________ _ Phone
Name __________ ~Address _____________ _ Phone _____ _

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

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

If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J lndic••Q North LJ
71\\ II
Sig:71aimant (if other than claimant, indicate relationship) Typed Name Date ~t)\\I'\ J:"' A Ve '/::-.V't> 'I - L l 7 '- .~.

Note: Clatms must be filed With the City Clerk. Presentation of a false claim 1s a felony (Penal Code Section 72)

BILL TO
John Saavedra

SALES REP
ZM
'I '' . ,, \' !
Sonic Motor
4981 Irwindale Ave. #100
Irwindale, CA 91706
(626)363-9036
[email protected]
www.sonicmotor.com
INVOICE# 13256
DATE 06/17/2020

CUSTOMER PHONE
(HY H1\li f\1\11\ 1lll'I:

Ml JNC004 17x8.5 + 15 5x120 Hyper Bl~\Machined 4 131.88 527.52T Lip . ~
BAR# 303306
<f)) \\>~ \f~UBTOTAL ~ TAX(9%)
TOTAL

DEPOSIT

PAYMENT

BALANCE DUE
527.52

47.48 575.00
475.00
100.00
$0.00

BILL TO
John Saavedra

SALES REP
ZM
Ml
I)!:~:~(;! ill) f"!()l\I
NEXEN 205/40/17
BAR#303306
Sonic Motor
4981 Irwindale Ave. #100
Irwindale, CA 91706
(626)363-9036
[email protected]
www.sonicmotor.com
INVOICE # 13738
DATE 08/24/2021
\\);Q.OTAL
<t)J \S TAX (10.25%)
~ TOTAL

PAYMENT

BALANCE DUE
OTY Fl/\Tt: !\iVl\llli\11
4 74.38 297.52T
297.52

30.50 328.02
328.02
$0.00
..
'"

13lCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: October 12, 2022
Cityef

IRWINDALE

AGENDA REPORT
CC ITEM 1D
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Fee Waiver for Use of City Facility for a Four-Day Vote Center City Manager's Recommendation:

Adopt Resolution No. 2022-94-3344 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE LOS

ANGELES COUNTY REGISTRAR RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE CENTER FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL

ELECTION AND APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE VOTE CENTER FACILITY USE AGREEMENT AND VOTE CENTER ELECTION PLAN."
Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

The Los Angeles County Registrar/Recorder will be conducting the General Municipal Election on Tuesday, November 8, 2022. In prior elections, the outer City Council Chambers had been made available to the County as a voting precinct. The County has implemented a new vote center model, to include multi-day access to voting and new ballot marking devices. Additional protocols related to room size have been established to ensure the continued health and safety of the voters and vote center staff due to the COVID-19 pandemic, resulting in the outer City Council Chambers no longer being a viable venue as a vote center.

City staff and representatives from the Los Angeles County Registrar Recorder I County Clerk's office have worked collaboratively to identify a new location for a vote center within the City limits. The Dan Diaz Recreation Center Gymnasium has been identified as the only City facility that meets the County's vote center requirements.

In November 2020, the Dan Diaz Recreation Center Gymnasium was utilized as a vote center with the entire gym floor used for voting equipment and vote center staff. The gym was not open to the public at that time due to state and countywide COVID-19 orders.

Because programming has resumed at the facility, and in an effort to cause as minimal disruption as possible, only the west side of the gym floor will be used for the vote center equipment.

The following dates have been tentatively identified by the County in the Vote Center Election Plan and will mean that the west side of the gym floor will be for the exclusive use of the County during this time. While it cannot be guaranteed, staff has expressed to the County that the earliest possible pick up date is preferred. It is expected that there will be approximately 600 vote centers County-wide.

Equipment Delivery & Set Up Tuesday, November 1, 2022; 8:00AM to 8:00PM
Election Worker Pre-check Day Friday, November 4, 2022; 12:00PM to . 5:00PM
Early Voting Period Saturday November 5- Monday, November 7, 2022; 9:00AM to 8:00PM
Election Day Tuesday, November 8, 2022; 6:00AM to
9:00PM
Vote Center Breakdown & Equipment Friday, November 11, 2022; 8:00AM to Pick-up 8:00PM
The County has submitted a request to the City to waive facility rental fees. The County's request to waive facility rental fees meets the criteria for consideration of a fee waiver according to the City of lrwindale's Fee Adjustment Policy by way of serving the public purpose of providing voting accessibility to the community, including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the vote center in Irwindale.

Page2
The Vote Center Facility Use Agreement and Vote Center Election Plan have been reviewed by the City Attorney's office. As a public entity, the County is self-insured and has provided a copy of Certificate of Self Insurance Coverage with this report.

Fiscal Impact:

The approval of this item will result in a fee waiver of approximately $7,700. This fee would have otherwise been collected as revenue to the General Fund.

Attachment(s):

Resolution No. 2022-94-3344
Application for Fee Adjustment
Vote Center Facility Use Agreement
Vote Center Election Plan

RESOLUTION NO. 2022-94-3344

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A FEE WAIVER FOR THE LOS ANGELES COUNTY REGISTRAR

RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE CENTER FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION AND APPROVING

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOTE CENTER

FACILITY USE AGREEMENT AND VOTE CENTER ELECTION PLAN
WHEREAS, the Los Angeles County Registrar Recorder will be conducting the General Municipal Election on Tuesday, November 8, 2022; and WHEREAS, the outer City Council Chambers have been previously utilized as the City's only voting precinct; and
WHEREAS, the Los Angeles County Registrar Recorder I County Clerk has implemented a "vote center" model for the elections it conducts, and has established protocols to ensure continued health and safety of the voters due to the COVID-19 pandemic, including minimum room size; and
WHEREAS, the outer City Council Chambers can no longer be utilized as a voting precinct as it does not meet the specifications required for a vote center; and WHEREAS, City staff and County representatives identified the Dan Diaz Recreation Gymnasium as the only City facility that meets the required specifications for a vote center; and
WHEREAS, equipment delivery, set up and breakdown are tentatively proposed to commence on Tuesday, November 1, 2022 and conclude on Friday, November 11, 2022, respectively; and
WHEREAS, the City of Irwindale will be hosting a four-day vote center period beginning Saturday, November 5, 2022 through Tuesday, November 8, 2022 at the Dan Diaz Recreation Gymnasium; and
WHEREAS, the use of this facility for the election meets the criteria for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy" because it serves the public purpose of providing safe voting accessibility to the community including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the flex vote center in Irwindale; and
WHEREAS, the City Council desires to approve the Vote Center Facility Use Agreement and Vote Center Election Plan and authorize execution of the same.

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

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Resolution No. 2022-94-3344

Section 1. The City Council finds the above recitals true and correct. and they are incorporated herein by this reference.

Section 2. The City Council hereby waives the rental fee of $7,700 for the Dan Diaz Recreation Gymnasium for use as a four-day vote center period beginning Saturday, November 5, 2022 through and including Tuesday, November 8, 2022, with equipment delivery and set up, and breakdown to commence on Tuesday, November 1, 2022 and conclude on Friday, November 11, 2022, respectively. The City Council hereby finds that waiving the fee of $7,700 for the City facility rental serves the valid public purpose of providing safe voting accessibility to the community including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the 4-day vote center in Irwindale.

Section 3. The City Council hereby approves, and the City Manager is hereby authorized to execute, the Vote Center Facility Use Agreement and Vote Center Election Plan. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent and purposes of this resolution.

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

PASSED, APPROVED and ADOPTED this 121h of October 2022.

ATTEST
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-94-3344
Page2
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 hwindale, do hereby certify that the foregoing Resolution No. 2022-94-3344 duly adopted by the City Council of the City of the City of Irwindale, at a regular meeting held on the 121h day of October 2022, by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-94-3344

CITY OF IRWINDALE

FEE ADJUSTMENT POLICY FOR CITY RENTAL FACILITIES
The City of hwindale would like to alleviate some financial difficulties associated with using City facilities and wish to use the City facilities to serve a public purpose. To achieve this goal, the City is implementing this "Fee Adjus1ment Policy for Rental Facilities" to encourage the residents of Irwindale and not-for-profit organizations located in the City to participate and promote events that are beneficial to the community or otherwise provide a public service. The City will approve fee waivers or reductions for those Irwindale residents and not-for-profit organizations located in. the City that meet the criteria below.

I. ADJUSTMENTS ARE AVAILABLE FOR THE FOLLOWING FEES
To achieve the City's goal of assisting the residents of Irwindale and not-for-profit organizations located in the City, the following fees are available for waiver or reduction in an amount deemed appropriate by the City Council or the City Manager pursuant to the criteria In this Policy:

A Community Center facility use fee
B. Our Lady of Guadalupe Mission facility use fee
C. Dan Diaz Recreation Banquet Room and Kitchen facility use fee D. Picnic Shelter facility use fee
E. Fred Herrera Softball Field use fee
F. Dan Diaz Recreation Facility use fee
G. Any other public facility as the City Manager or City Council, as appropriate, may approve
II. CRITERIA FOR CONSIDERATION
The following criteria must be established to qualify for a fee waiver or fee reduction by the City Council:

1. Applicants for fee waivers or reductions must be:
a. Resident of Irwindale; or
b. Recognized by the Internal Revenue Service as a not-for-profit organization or charitable organization organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which has a principal and permanent meeting place, office, or place of worship within the City , and has Rev2

05.22.19 - 1 -
been organized and established in the City for a minimum of period of one year, continuously, preceding the filing of a fee waiver application.

2. Fee waivers or reductions may be granted for City fees where it can be shown, through documentary proof:
a. A financial hardship exists as follows:

1. For an individual resident, a financial hardship may include, but not be limited to, an unexpected need of assistance arising from illness, casualty loss, or other such unforeseeable occurrence, or difficulty paying essential costs to provide for the individual's health and welfare based on income; and

2. For a non-profit organization, a financial hardship may include a significant portion of annual revenues dedicated towards the use of the facility.
b. Serve a public purpose by demonstrating that use of the City facility will:
i. Benefit the community. This includes, but is not limited to, circumstances where the applicant:

1. Supports civic or community programs for the City's residents or businesses; or,

2. Provides financial assistance to the City's residents or businesses. ii. Provide a public service or otherwise promote the public health, safety and welfare. This includes, but is not limited to, circumstances where the entity provides needed donations or other assistance to residents and businesses of the City in areas such as:

1. Health care;

2. Counseling services;

3. Abatement of dangerous or unhealthful living or working conditions, including, but not limited to, those constituting violations of the Irwindale Municipal Code;

4. Transportation needs of residents;

5. Nutrition needs of residents; or

6. Educational assistance.

Ill. PROCESS FOR CONSIDERATION
An Irwindale resident, individual or organization who would like to be considered for a fee waiver or adjustment should complete an "Application for Fee Adjustment of City Rev2

05.22.19 -2-
Rental Facilities" and submit it to the City Clerk's Office. The City Manager will review the request and, if it meets the criteria of this Policy, and the request is for five hundred dollars ($500) or less, the City Manager will provide the applicant with a response within fifteen (15) days. If the City Manager's decision is adverse to the applicant, the decision can be appealed to the City Council.

If the applicant requests a fee adjustment in excess of five hundred dollars ($500), and meets the criteria of this policy, the City Manager will agendize the item for City Council review and consideration under the guidelines of this Policy. If the City Council finds that all the requirements have been met, the waiver will be granted and process along with any Facility Use Agreement or Permit Application. Alternatively, the City Council may reduce such fee in an amount ii deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any fee waiver or reduction shall be final.

Rev2

05.22.19 -3-
OFFICE USE ONLY:
~ IRWINDALE
Received By:--------
Date:-----

CITY OF IRWINDALE

APPLICATION FOR FEE ADJUSTMENT

OF CITY RENTAL FACILITIES
APPLICANT _L_o_s A_n_g_e1_es_c_o_u_n1_y_R_eg_is_1r_ar_-R_e_co_r_de_r_i c_o_u_n1_y_c_1._rk _____________ _ D Resident rs/ Not-for-Profit Organization*
ADDRESS _1_24_0_0_1m_P_•r_1a_1 H_i_gh_w_a_y,_N_o_rw_a_lk_, c_A __________________ _ TELEPHONE 562-229-8865 e-mail: Votecenter@rrcc.!acounty.gov --------- Dan Diaz Recreation Center {Gym)
CITY RENTAL FACILITY:------------------
Rental Fees
FEE(S) REQUESTING TO BE WAIVED:--------------
STATEMENT OF FINANCIAL HARDSHIP AND PUBLIC PURPOSE:

The waiver is requested so that the Dan Diaz Recreation Center can be ut!!ized as a 4~day vote center for the November 8, 2022 General Municipal Election. The public interest is served as the vote center will facilitate the community's ability to vote over a four day period, as well as having a venue to securely drop off their vote by mail ballots. Los Angeles County cities have been asked to collaborate with their registrars to provide facilities for purposes of voting.

Evidence of financial hardship and public purpose served (to support assertion of financial hardship, attach all documents establishing current financial situation, including all bank statements, most current tax forms, and essential expenses):

By signing below, I confirm that all of the above and attached information is true and correct. By signing below I also attest to the fact that payment of City fees for the City's rental facilities is a financial hardship and will serve a public purpose.

See Vote Center Facility Use Agreement
Applicant Signature Date
*Must provide evidence of Internal Revenue Serv1ce NonwProfit sta[us, principal and permanent meeting place, and length of time established at this location,
Rev2

05.22. 19 -4-
DEAN C. LOGAN
Registrar-Recorder /County Clerk

VOTE CENTER FACILITY USE AGREEMENT
Agreement and authorization is granted by City of Irwindale ('Host') to the Los Angeles County Registrar-Recorder/County Clerk ('RRCC') for the use of the designated facility space specified below:

Dan Diaz Recreation Center-14160
Gymnasium
16053 Calle De Paseo
Irwindale, CA 91706
For and in consideration of the following conditions, both parties hereby agree as follows:

Term: This Agreement is entered into this 21th day of August 2022 upon the execution hereof by the Parties and shall expire on November 30, 2022, unless sooner terminated or extended, in whole or in part, as provided in this agreement.

Use of the Facility: Host permits access to the agreed upon designated space during the access schedule unless otherwise stated in the Vote Center Election Plan to be completed and mutually agreed upon prior to each and every election.

Facility Requirements: Host will ensure the designated space is free from any activity during the mutually agreed upon access schedule included in the Vote Center Election Plan and provide a means of entry, electricity, air conditioning/heating (if available), and restroom access (if available) for RR/CC staff.

Host will ensure the designated space is free from tables, chairs, electronic equipment, exercise equipment, musical instruments, movable cabinets, appliances and other similar large items prior to the first day of the access schedule unless use of existing furniture or equipment is mutually agreed upon by both parties in the Vote Center Election Plan.

Host will remove any floor coverings such as tarps and mats that may potentially cause tripping or injuries. Host will ensure that at times RR/CC is not on premises, access to the designated space is restricted only to those RR/CC has given prior approval.

Host will ensure that any network configuration and technical equipment installed in preparation for the election remains unmodified for the period designated in the access schedule of the Vote Center Election Plan.
12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
Primary Contacts:

The Host's Primary Contact for this Agreement is Laura Nieto, (626) 430-2225 Ext. 202 and [email protected].

The RR/CC's Primary Contact for this Agreement is Jaime Young, Assistant Division Manager, Vote Center Assessment and Recruitment, 12680 Corral Place, Santa Fe Springs, CA 90670, (877) 728- 0235, [email protected].

In addition, Host and RR/CC will designate contacts for both business and weekend/non-business hours related to facility access and technical operations to be included in the Vote Center Election Plan for each election.

Parking Requirements: Host agrees to provide sufficient parking, including accessible spaces, and a waiver of any parking fees for RR/CC staff and voters.

Public Voting Period: Host agrees to provide RR/CC staff access to the designated space as detailed in the Vote Center Election Plan, unless a revised schedule is mutually agreed upon prior to the specific election.

Promotions and Political Material: Host agrees to remove any political campaign signage or literature and not engage in audible dissemination of electioneering information within 100 feet of the designated voting space and not conduct any promotional activity tied to the public voting period without prior authorization from RR/CC.

Termination of the Agreement: Host shall not cancel or change the location outside of a natural disaster or unforeseen building/structural damage. For avoidance of doubt, Host and RR/CC stipulate that the novel coronavirus COVID-19 pandemic is excluded as a natural disaster or ground for termination for purposes of this Agreement. This Agreement shall remain in effect, with all conditions set forth. RR/CC may at any time and without reason, revoke its request to use the designated facility space. In the event any provision of this Agreement contradicts County of Los Angeles Board policies or any applicable laws, rules, and regulations, RR/CC may terminate this Agreement, effective immediately upon written notice.

Amendment of the Agreement: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties. This Agreement may be modified or amended only upon the mutual written consent of both the Host and the RR/CC. Any amendment shall become effective upon the mutual written consent of both the Host and the RR/CC.

Certificate of Self-Insurance: RR/CC will provide certificate upon request.

Indemnity Agreement: Host shall indemnify, defend and hold harmless County, its trustees, elected and appointed officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the Host, its trustees, officers, agents, employees, or volunteers. 12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
County shall indemnify, defend and hold harmless Host, its trustees, officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the County, its trustees, officers, agents, employees, or volunteers.

Electronic Signatures: The Host and RR/CC agree to facsimile and electronic scanned versions of original signatures of authorized signatures of each party have the same force and effect as original signatures such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions.

THE ABOVE SITE INDEMNITY AGREEMENT APPLIES TO ONLY ELECTIONS CONDUCTED

BY LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK
IN WITNESS WHEREOF, and executed as the date first above written above, the Parties to this agreement do hereby agree and consent to all terms and conditions provided herein.

Los Angeles County
Registrar-Recorder/County Clerk
08/21/2022
Jaime Young. Assistant Division Manager
Printed Name and Title
City of Irwindale
Signature and Date
Printed Name and Title
12400 IMPERIAL HIGHWAY, NORWALK. CA 90650 LAVOTE.GOV
DEAN C. LOGAN
Registrar-Recorder/County Clerk

VOTE CENTER ELECTION PLAN
November 8, 2022 Statewide General Election
The following constitutes the mutually agreed upon Vote Center Election Plan for the November 8, 2022 Statewide General Election by City of Irwindale ('Host') and the Los Angeles County Registrar-Recorder/County Clerk ('RRCC') for the use of the facility space specified below:

Contact List -Host . Primary Contact Name . ....

Email Address
Dan Diaz Recreation Center -14160
Gymnasium
16053 Calle De Paseo
Irwindale, CA91706
Laura Nieto Phone#
· [email protected] Alternate Phone#
On-Site Access Contact Name PRISCILLA ZEPEDA Phone# . . . .

Email Address [email protected] Alternate Phone # . .

Custodial Service Contact Phone# Name .

Email Address ·. .·. Alternate Phone# .
.

IT Contact Name Phone# . . ...

Email Address Alternate Phone# ·.

After Hours/Emergency Phone# Contact Name . . . .

Email Address Alternate Phone.# .

Contact List -RR/CC .

Primary Contact Name Iris Carnero Pho.ne# . ..·. .

Email Address [email protected] Alternate Phone # . · ..· . (626) 430-2225 Ext.
202
(626) 848-4292
(626) 430-2226
(626) 848-4066
(562) 347-2444
(213) 278-5554
12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
IT Contact Name Shannon Gadson Phone# 562-462-2826
Email Address [email protected] Alternate Phone # 562-277-2118 After Hours/Emergency Jaime Young Phone# 562-34 7-244 7 Contact Name Email Address [email protected] Alternate Phone# 562-229-8865 Access Schedule
Host has agreed to grant access to the designated voting space for the following dates and times:

Equipment Delivery & Set-Up (exclusive access November 01, 2022; 8:00AM to 8:00PM begins) Election Worker Pre-check Day November 4, 2022; 12:00PM to 5:00PM Early Voting Period November 5-7, 2022; 9:00AM to 8:00PM Election Day November 8, 2022; 6:00AM to 9:00PM
Vote Center Breakdown & Equipment Pick-up November 11, 2022; 8:00AM to 8:00PM (exclusive access ends) A deployment schedule for vote center equipment delivery/set-up and breakdown/pick-up is tentatively scheduled for the above dates. RR/CC will contact Host within two weeks of the equipment delivery & set-up date to confirm access to the designated space.

During the public voting period, RR/CC staff shall have access to the designated space during the dates and times listed above.

Voting hours are from 10:00AM to ?:OOPM during the Early Voting and ?:OOAM to 8:00PM on Election Day. Host acknowledges that public voting hours may be extended due to long lines. Pursuant to California Elections Code, any voter in line at the time of closing shall be provided the opportunity to receive and cast a ballot.

Health and Safety Plan
The Safe Election Plan (Attachment A) describes how RR/CC will ensure that public health guidelines are adhered to in all vote centers across LA County from the beginning of equipment set-up, during the voting period and through the breakdown of the vote center. COVID-19 Responsibilities (Attachment B) outlines the expectations for RR/CC and facility staff in maintaining the cleanliness of the vote center and to safeguard the health of voters, election workers, and facility staff/users. 12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
Designated Space, Parking, and Public Access
RR/CC agrees to make best efforts to limit voting traffic to the mutually agreed upon areas.

Voting Space {Check one and write your Initials to acknowledge):
n The designated voting space/s will be free from tables, chairs, printers, electronic equipment, exercise equipment, musical instruments, movable cabinets, appliances, and other large items prior to the set-up day.

Host Initials: ---
n The items specified below may be left in the designated voting space/s are mutually agreed upon by both RR/CC and Host.

Host Initials: --- RR/CC Initials: __ _
Floor Coverings {Check one and write your Initials to acknowledge):
r; The designated voting space/swill be free from any floor coverings such as tarps and mats that may potentially cause tripping or injuries prior to the set-up day.

Host Initials: ---
n The floor covering below may be used/remain in place in the designated voting space.

Host Initials: --- RR/CC Initials: ---
Additional Access Considerations
The following details below represent any additional considerations necessary in providing RR/CC access to the designated space (check all that apply):
n On-site staff will open and lock the facility on days noted in the Access Schedule. n Facility key or key card, alarm code or access badge will be provided to RR/CC staff for direct access to the voting area.
n Parking permits will be provided to RR/CC staff.

Items Provided by Host
Host aqrees to provide the followinq items bvthe start date of the Access Schedule:

Item Quantity .
tables (6ft rectangular) 8
adult-size chairs 16
The number of tables and chairs will be finalized closer to the election once allocation is finalized. 12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
Internet Connection {Check one and write your Initials to acknowledge):
r Host agrees to provide hardwire connection at the start of the Access Schedule. An active data port will be available and security passwords (if any) will be provided to RR/CC staff.

Host Initials: __ _
n Host will not provide hardwire connection at the start of the Access Schedule.

Host Initials: __ _
Facility Use Payment {Check one and write your Initials to acknowledge):
r For private buildings: Host agrees to waive any payment for use of the facility.

Host Initials: __ _
n For public buildings: Host agrees to waive any payment for use of the facility pursuant to California Elections Code.

Host Initials: __ _
r RR/CC agrees to pay Host for use of the facility in the amount of$ . This payment covers all associated costs including, but not limited to, staff and custodial fees, hired security fees, cleaning fees and purchase of items, etc. used during the Access Schedule. Private facilities must provide their W-9 to RR/CC before payment is processed. The payee name and mailing address is based on the information from the W-9.

Host Initials: __ _
Other Costs
Applicable to public buildings only, RR/CC agrees to pay reasonable costs for staff hours and custodial costs incurred during the Access Schedule. An official invoice containing Agency letterhead must be submitted to RR/CC after the election showing the breakdown of costs.

In the event that any unforeseen additional cost or fees are incurred by Host in connection with RR/CC's access to designated facility space, Host shall notify RR/CC in advance of said fees/costs.

Host shall provide RR/CC with detailed invoices of said costs. If practicable, a negotiated amendment shall be executed between both Host and RR/CC to reflect such costs.

Electronic Signatures
The Host and RR/CC agree to facsimile and electronic scanned versions of original signatures of authorized signatures of each party have the same force and effect as original signatures such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions.

THE ABOVE ELECTION PLAN APPLIES ONLY TO ELECTIONS CONDUCTED BY LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK.
12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this agreement and it is effective as of the date of last signature below.

Los Angeles County
Registrar-Recorder/County Clerk
08/21/2022
Sigr~ature--and -Date.--.

Jaime Young. Assistant Division Manager
Printed Name and Title
City of Irwindale
Signature and Date
Printed Name and Title

ATIACHMENTB
COVID-19 RESPONSIBILITIES
LA County RRJCC staff is responsible for:
• Disinfecting the surfaces of all voting equipment including, but not limited to the Ballot Marking Devices, electronic pollbooks, and central ballot box after voter use. • Disinfecting the chairs and tables found inside the voting space. • Wiping high touch areas inside the voting room such as door handles, light switches, counter tops, etc.

Facility staff is responsible for:
• Daily/frequent cleaning of the restrooms
• Wiping high touch surfaces outside of the voting space including but not limited to exterior door handles, water/drinking fountain, elevator buttons, etc. • Cleaning the path of travel from the parking lot to the entrance of the vote center • Providing extra trash receptacles at the stop station, vote center exit and for election workers • Daily/frequent trash pick-up
• Assistance with identifying a space outside of the vote center for curbside voting • Provide additional signage, if needed, to direct voters to the vote center.

Additional considerations:
• Wherever feasible, doors and windows should be open during hours where election workers are present to increase airflow.
• Where possible, any lines should be maintained outdoors. Where not feasible, lines will be socially distanced.
• Floor markings will be used to assist voters with social distancing inside the vote center and where Ii nes are present.
• Signs will be posted inside and outside the vote center to assist voters with COVID-19 protocols. 12400 IMPERIAL HIGHWAY, NORWALK, CA 90650 LAVOTE.GOV
"
i" \ COUNTY OF LOS ANGELES ,, 1:( j+) 04-01-2022
\' /) " <t . CERTIFICATE OF SELF-INSURANCE COVERAGE
PRODUCER/INSURED This certificate is provided for informational purposes only, and does not affect, or expand any of the County's obligations pursuant to the COUNTY OF LOS ANGELES Agreement. This Certificate also confirms that the County is not an insurance company, and that no insurance obligation or relationship exists, CHIEF EXECUTIVE OFFICE or will be established in any manner whatsoever between the County and RISK MANAGEMENT BRANCH any individual, contractor, vendor and public or private entity/organization. 320 WEST TEMPLE STREET, 7TH FLOOR ENTITIES AFFORDING COVERAGE LOS ANGELES, CA 90010

COUNTY OF LOS ANGELES PARTICIPATION
100%

COVERAGES
This Certificate of County Self-Funding Insurance Obligation {Certificate) is the County of Los Angeles (County) authorized Statement that is elected to self-fund its financial obligations. This self-funding of liability is in lieu of commercial insurance coverage, and applies only to the extent permitted by State Law.

The County is permitted to self-fund its liabilities arising from acts or omissions of the County; its appointed and elected officers, employees and volunteers (except actual fraud, corruption, or malice), by virtue of California Government Code Sections 989-991.2, County Code 5.32 and Articles 1 and 2 of the County Charter. The liabilities that the County self-funds include general, automobile, property and workers' compensation.

POLICY POLICY POLICY

TYPE OF INSURANCE NUMBER EFFECTIVE EXPIRATION LIMITS

DATE DATE
181 Commercial General Liability Self Insured 04/01/2022 04/01/2023 Occurrence Amount - $2,000,000 Aggregate Amount - $4,000,000
181 Automobile Liability Self Insured 04/01/2022 04/01/2023 Occurrence Amount- $1,000,000 Aggregate Amount - $2,000,000
l8J Property Liability Self Insured 04/01/2022 04/01/2023 Occurrence Amount - $2,000,000 Aggregate Amount - $4,000,000
!El Workers' Compensation Self Insured 04/01/2022 04/01/2023 Occurence Amount - Statutory and Employers Liability Statutory aggregate

DEPARTMENT OF OPERATIONS/LOCATIONS
County Department Registrar-Recorder /County Clerk
Facility Use Agreement 2022 Statewide Direct Primary Election and Statewide General Election Certificate Holder CANCELLATION
City of Irwindale SHOULD THE COUNTY ELECT TO DISCONTINUE SELF-INSURING

ITS LIABILITIES, THE COUNTY WILL NOTIFY THE HOLDERS ON
Dan Diaz Rec Center - 16053 Calle De Paseo ITS RISK MANAGEMENT WEBSITE Irwindale, CA, 91706 BY: c-..:,-__ :?_...,,,._

STEVE ROBLES, COUNTY RISK MANAGER
181 City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 12, 2022
my ef I CC ITEM 1E

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of California Office of Traffic Safety (OTS) Federal Grant Funds in the amount of $80,000 for Traffic Safety Education and Impaired driving enforcement.

City Manager's Recommendation:

Adopt Resolution No. 2022-95-3345 entitled: "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF IRWINDALE APPROVING THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) SUB-RECIPIENT AGREEMENT BETWEEN

CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AND THE CITY OF IRWINDALE,

AND APPROVING THE ACCEPTANCE AND APPROPRIATION OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT $80,000.00 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP).

Administrative Action:

Submitted by:

Robert Castro, Interim Police Chief
(626) 430-2234
Prepared by:

Manny Campos, Police Sergeant
Reviewed by:

Adrian R. Guerra, City Attorney

ELECTRON/CALLY APPROVED
aLfl
Kam biz Borhani, Finance Director I City Treasurer Electronically Approved Approved by:

Julian A. Miranda, City Manager
~~~~~~~~~~~
~/)./~ /I

Background and Analysis:

The Irwindale Police Department applied and participated in a competitive grant process offered through the California Office of Traffic Safety (OTS). The Board of Directors approved our grant request in June of 2022 for $80,000.

The funding program titled, Selective Traffic Enforcement Program (STEP), will fund officers on an overtime basis to enforce drunk/impaired driving, distracted driving, and court sting operations and provides educational presentations to our community. The grant also includes training for officers in drug recognition, standardized field sobriety testing and advanced roadside impaired driving enforcement. The grant will also allow Irwindale Police Officers to focus on deadly street racing.

The goal of the Irwindale Police Department is to reduce the amount of injuries and deaths caused by drunk and impaired drivers and to improve the quality of life of those who drive our streets every day. It will also help officers enforce intersection takeovers by street racers.

STEP is scheduled to begin after City Council adoption, and will operate for one year.

Fiscal Impact:

There will be no fiscal impact to the General Fund as the grant operations are fully funded through the Federal OTS grant for $80,000.

Attachments:

Proposed Resolution No. 2022-95-3345
STEP Grant Agreement

RESOLUTION NO. 2022-95-3345

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING

THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) SUB-RECIPIENT

AGREEMENT BETWEEN CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AND

THE CITY OF IRWINDALE, AND APPROVING THE ACCEPTANCE AND

APPROPRIATION OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT $80,000 FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP)
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking grant funds to supplement the Police Departments budget; and
WHEREAS, the Irwindale Police Department applied and participated in a competitive grant process offered through the California Office of Traffic Safety (OTS); and WHEREAS, the City of Irwindale Police Department was approved for funding in the amount of $80,000 through a federal grant by the State of California Office of Traffic Safety for the enforcement of drunk and impaired driving, distracted driving, court sting operations and provides educational presentations to the community. The program also seeks to prevent street racers through the city streets of Irwindale; and WHEREAS, the Irwindale Police Department will utilize the funding over a period of one year to administer the grant and implement educational and enforcement programs designed to reduce the amount of injuries and deaths caused by drunk and impaired drivers. This grant with also help Irwindale Police Officers improve the quality of life of those who drive our streets every day.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES DETERMINES, AND ORDERS AS FOLLOWS:

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

SECTION 2. The City Council of the City of Irwindale hereby approves and accepts the grant of $80,000 from the California Office of Traffic Safety. The FY 2022- 2023 Office of Traffic Safety Federal Grant funds are hereby appropriated to be used for grant management and administration, and the implementation of educational and enforcement programs designed to deter drunk and impaired drivers. Of the $80,000 federal grant award, $76,500 will be overtime expenses and $3,500 will be for training expenses.

SECTION 3. The City Council hereby approves, and the City Manager is authorized to sign the 2022-2023 Selective Traffic Enforcement Program (STEP) Subrecipient agreement between California Office of Traffic Safety (OTS) and the City of Irwindale, attached hereto as Exhibit "A". City staff are hereby authorized to take all steps necessary to carry out the intent and purposes of this resolution.

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

PASSED, APPROVED AND ADOPTED this 121h day of October, 2022 Larry G. Burrola, Mayor
ATTEST:

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

CITY OF IRWINDALE }
I Laura Nieto, Chief Deputy Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-95-3345 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 121h day of October, 2022, by the following vote:

Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

State of California - Office of Traffic Safety

GRANT AGREEMENT

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY
Irwindale

4. AGENCY UNIT TO ADMINISTER GRANT
Irwindale Police Department

5. GRANT DESCRIPTION

3. Grant Period
From: 10/01/2022
To: 09/30/2023

GRANT NUMBER
PT23114
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $80,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A- Problem Statement, Goals and Objectives and Method of Procedure • Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A - Certifications and Assurances
• Exhibit B* - OTS Grant Program Manual
• Exhibit C - Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Manuel Campos ADDRESS: Jose Vargas
T!TLE: Sergeant Lieutenant
EMAIL: [email protected] [email protected]
PHONE: (626) 533-0718 (626) 430-2242
ADDRESS: 5050 N. liwindale Avenue 5050 N. liwindale Avenue liwindale, CA 91706 liwindale, CA 91706
~ .. ~._.,,,-,,,; Sep 23, 2022 io.~v'Gl.WIJ.'i.
i'"·'-'"'"'i'"'"·"''"'"'"''--,11 Sep 26, 2022
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Jeanette Duran ADDRESS: Barbara Rooney
Finance Man~ger Director
[email protected] [email protected]
(626)430-2268 (916) 509-3030
5050 N. liwindale Avenue 2208 Kausen Drive, Suite 300
liwindale, CA 91706 Elk Grove, CA 95758
P~ Sep 26, 2022 6"~· ~. il-r Sep 30, 2022
(Signature) (Date) (Signature) (Date)
9/16/2022 8:05:02 AM Page 1 of 18
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES

FUND CFDA ITEM/APPROPRIATION
164AL-23 20.608 0521-0890-101
402PT-23 20.600 0521-0890-101
SAM#: E9J2S6RNLAC1

REGISTERED
ADDRESS: 5050 N Irwindale Avenue
CITY: Irwindale
ZIP+4: 91706-2133
F.Y. CHAPTER STATUTE
2022 43/22 BA/22
2022 43/22 BA/22

AGREEMENT
TOTAL

PROJECTED

EXPENDITURES
$45,000.00
$35,000.00
$80,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
$80,000.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and purpose of the expenditure stated above. AGREEMENT
$ 0.00

OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE e,.,rv· Sep 26, 2022 $80,000.00
9/16/2022 8:05:02 AM Page 2of18
State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule A

1. PROBLEM STATEMENT

GRANT NUMBER
PT23114
The City of Irwindale has an estimated population of 1,394 (U.S. Census Bureau: 2019 estimate) The City of Irwindale is unique in the sense that although our population of residents is low, the city has a large population of people during the daytime hours because of the enormous commercial population. We are directly surrounded by five major cities that are heavily populated. Irwindale Avenue and Arrow Highway are major thoroughfares that connect Los Angeles to the San Gabriel Valley. Over the last three years we have increased our commercial district by new construction of new warehouse buildings.

In March of 2016 the implementation of the Metro Gold Line was introduced to the City of Irwindale. The Metro Gold line has caused the City of Irwindale to face some challenges as relates to traffic. The Metro Gold Line is an extension railway from Pasadena to the City of Azusa, however, it travels west to downtown Los Angeles Union Station and where it finally stops in the City of East Los Angeles. Since the implementation of the Metro Gold Line to the City of Irwindale, we have seen the increase in pedestrian traffic in the area and significant increase in commuter traffic. We have also seen the increase in the homeless population. Three of our fatalities were a homeless that used the gold line for transportation and were struck in the early mornings. Since the Metro Gold Line opened in the City of Irwindale, it has increased commuter traffic related issues as well. Traffic congestion along Foothill Boulevard, Live Oak Avenue, and Irwindale Avenue has become a problem as many commuters use the northern part of the San Gabriel Valley Cities as a route to make access to Downtown Los Angeles because of the heavily congested 21 O freeway and 605 freeway. Commuters use Arrow Highway, Live Oak Avenue, Foothill Boulevard and Irwindale Avenue as a shortcut to bypass the 210 freeway and the 605 freeway congestion. The complaints of speeding commuters have been confirmed through our CAD/Stats and surveys.

We are also being impacted on the roadways due to high volume of new businesses in the city. We have 24- hour mining in our city that requires heavy equipment and semi bottom dump trucks to travel through our streets 24 hours a day creating heavy congestion.

We also seen an increase of DU l's that impact our city not only in traffic crashes but injury traffic crashes.

The legalization of marijuana use in California continues to increase DUls in the inner-city. We have prepared our officers with ARIDE training to help with DUI related stops and traffic crashes.

What is impacting our traffic problems as well as the large events that we have at the Irwindale Raceway Center. We have major movie/shows filming at the Irwindale Raceway Center causing congestion. Every Thursday we have drag racing at the Irwindale Speedway and during the holidays in December, we are bombarded with the Christmas Lights Show at the Irwindale Raceway Center which attracts thousands of people every day. In season we have the drag races on Thursdays, and we also have the oval track racing on weekends. The Speedway also hosts large events like Mooneyes, the Color Run 3K/5K which attracts thousands of pedestrians and vehicles causing congestion. During these events, thousands of commuters make Live Oak Avenue a heavy congested street causing crashes. Because of the congestion, people park along the north and south side of Live Oak Avenue creating the problem of pedestrians walking in the roadway. Several years ago we had a fatality on Live Oak Avenue because of pedestrians in the roadway. We also have a large attendance to the Renaissance Faire in the City of Irwindale that becomes a traffic hazard. The Renaissance Faire sells alcohol and in past years we have had alcohol related crashes resulting of people attending the Faire. The Irwindale Brewery/Miller Brewing Company also host concerts at their facility which requires fans to park across the street from Irwindale Avenue which is one of our major and busiest streets in the city. During these events we have large amounts of pedestrians jaywalking and failing to obey posted signs throughout the event center. The City of Irwindale also host numerous events throughout the year including Fourth of July downtown, the walking of our Lady of Guadalupe Virgin Mary and National Night Out which requires closures of city streets. Irwindale Avenue and Vincent Avenue are the two main streets that connect the northern part of the San Gabriel Valley Cities to the West Covina Mall which is the only mall in the area, which attracts thousands of people on the daily basis. Across from the mall is the Los Angeles County Superior Court, East District. Irwindale Avenue is the main course of travel from northern cities in the San Gabriel to the courthouse. The Irwindale Police Department prepares officers with certified DRE's and utilizing them during the proposed grant operations to help curb the potential for injurv related DUI traffic crashes during previous vears. With the help of OTS, we were able to 9/16/2022 8:05:02 AM Page 3of18
send officers to ARIDE certification courses and continue to recertify those officers and new officers to our department. We are grateful that we have one DRE officer on staff who completes his recertification yearly.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.

2. Participate and report data (as required) in the following campaigns; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safetv Week, and California's Pedestrian Safetv Month.

3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthlv.

4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 2 Testing (SFST) (minimum 16 hours) POST-certified training.

5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST-certified training.

6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Conduct DUl/DL Checkpoints. A minimum of 1 checkpoint should be conducted 2 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUl/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUl/DL checkpoint. Signs for DUl/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUl/DL Checkpoint screeners should be DRE- or ARI DE-trained.

8. Conduct DUI Saturation Patrol operation(s). 10
9/16/2022 8:05:02 AM Page 4of18

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary 10 crash factor violations.

10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 2 drivers usinq hand held cell phones and texting.

11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 3 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.

12. Conduct Traffic Safety educational presentation(s) with an effort to reach 2 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

13. Participate in highly visible collaborative DUI Enforcement operations. 4

14. Participate in highly visible collaborative Traffic Enforcement operations. 2

15. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training.

16. Conduct specialized enforcement operations focusing specifically on street racing 3 and sideshow activities.

3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation (1•' Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter . • All grant related purchases needed to implement the program should be made this quarter . • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
• Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
• Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media oost. The OTS-sunnlied kick-off press release templates and anv kickoff press releases 9/16/2022 8:05:02 AM Page 5of18
are an exception to this policy and require prior approval before distribution to the media and public.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 - Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and reoort auarterlv, aoorooriate data that sunnorts the oroaress of aoals and obiectives. 9/16/2022 8:05:02 AM Page 6of18
• Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives .

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether aoals and obiectives were met, exceeded, or an explanation of whv objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule B

FUND NUMBER CATALOG

NUMBER (CFDA)
164AL-23 20.608
402PT-23 20.600

COST CATEGORY
A. PERSONNEL COSTS
Straight Time
Overtime
DUl/DL Checkooints
DUI Saturation Patrols
Collaborative DU I Enforcement
Benefits for 164AL OT (a) 1.45%
Traffic Enforcement
Distracted Drivina
Street Racing and Sideshow Enforcement
Operations
Pedestrian and Bicycle Enforcement
Collaborative Traffic Enforcement
Traffic Safety Education
Benefits for 402PT OT (a) 1.45%
Category Sub-Total

8. TRAVEL EXPENSES
In State Travel
Category Sub-Total
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Category Sub-Total
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
Phlebotomist
Educational Materials
Category Sub-Total
F. INDIRECT COSTS
Category Sub-Total

GRANT TOTAL
9/16/2022 8:05:02 AM

FUND DESCRIPTION
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
State and Community Highway
Safety

FUND UNIT COST OR UNITS

NUMBER RATE
164AL-23 $9, 100.00 2
164AL-23 $1,800.00 10
164AL-23 $1,300.00 4
164AL-23 $41,400.00 1
402PT-23 $1,500.00 10
402PT-23 $1,250.00 2
402PT-23 $1,800.00 3
402PT-23 $1,250.00 3
402PT-23 $1,250.00 2
402PT-23 $500.00 2
402PT-23 $30, 150.00 1
402PT-23 $3,500.00 1
164AL-23 $2,500.00 1
164AL-23 $500.00 1
402PT-23 $913.00 1

GRANT NUMBER
PT23114

TOTAL AMOUNT
$45,000.00
$35,000.00

TOTAL COST TO
GRANT
$0.00
$18,200.00
$18,000.00
$5,200.00
$600.00
$15,000.00
$2,500.00
$5,400.00
$3,750.00
$2,500.00
$1,000.00
$437.00
$72,587.00
$3,500.00
$0.00
$3,500.00
$0.00
$0.00
$0.00
$0.00
$2,500.00
$500.00
$913.00
$3,913.00
$0.00
$0.00
$80,000.00

State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23114

BUDGET NARRATIVE

PERSONNEL COSTS
DUl/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 1.45% - Benefit breakdown:

Medicare @ 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appronriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @ 1.45% - Benefit breakdown:

Medicare @ 1.45%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Law Enforcement Traffic Safety Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when reaistration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Phlebotomist - To draw and collect blood samples from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items mav be purchased if approved bv OTS.
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INDIRECT COSTS

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straiqht time or overtime hours charqed to the qrant. 9/16/2022 8:05:02 AM Page 10of18
State of California - Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS

GRANT NUMBER
PT23114
(23 U.S.C. Chapter4; Sec.1906, Pub. L.109-59, As Amended By Sec. 4011, Pub. L.114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
• 23 U.S.C. Chapter 4- Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
• 2 CFR part 1201-Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONPISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
• Titles II and Ill of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee9/16/2022 8:05:02 AM Page 11of18
• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o "During the performance of this contract/funding agreement, the contractor/funding recipient agreesa. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 141 U.S.C. 81031
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
1 . Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 9/16/2022 8:05:02 AM Page 12 of 18
employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY IHATCH ACT\
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
9/16/2022 8:05:02 AM Page 13 of18
Instructions for Primarv Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment. Suspension. and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 9/16/2022 8:05:02 AM Page 14of18
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph ( 1 )(b) of this certification; and
( d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment. Suspension, lneligibilitv and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/1612022 8:05:02 AM Page 16of18
State of California - Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
I. Each agency is allowed a total of FIVE (5) GEMS Users.

GRANT NUMBER
PT23114

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number:

Agency Name:

Grant Title:

Agreement Total:

Authorizing Official:

Fiscal Official:

Grant Director:

I CURRENT GEMS USER(S)

1. Manuel Campos
Title: Sergeant
Phone: (626) 533-0718
PT23114
Irwindale Police Department
Selective Traffic Enforcement Program (STEP)
$80,000.00
Jose Vargas
Jeanette Duran
Manuel Campos
Media Contact: Yes
Email: [email protected]

2. Rudolph Gatto
Title: Sergeant
Phone: (626) 430-2245
Email: [email protected]
9/16/2022 8:05:02 AM
Media Contact: Yes

Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes D NoO
Add/Change D Remove Access D
Name Job Title
Email address Phone number
GEMS User2 Add as a media contact? YesO NoO
Add/Change D Remove Access D
Name Job Title
Email address Phone number
GEMS User3 Add as a media contact? YesD NoO
Add/Change D Remove Access D
Name Job Title
Email address Phone number
GEMS User4 Add as a media contact? YesO NoO
Add/Change D Remove Access D
Name Job Title
Email address Phone number
GEMS User5 Add as a media contact? YesO NoO
Add/Change D Remove Access D
Name Job Title
Email address Phone number
Form completed by: :/!#'f£P!lf#if:!,,,., Date: Sep 18, 2022 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. ,~fff;ft¥ltffL.,1·D~i Manuel Campos
Signature Name
Sep 23, 2022 Grant Director
Date Title
9/16/2022 8:05:02 AM Page 18 of 18
Grant Agreement - PT23114
Final Audit Report 2022-09-30
Created: 2022-09-16
By: Stephanie Spaid ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAcEOvS04fnWOkWv2Uta-XMdDhoobUee7d "Grant Agreement - PT23114" History
ti Document created by Stephanie Spaid ([email protected]) 2022-09-16-3:05:16 PM GMT
Document emailed to [email protected] for signature 2022-09-16- 3:05:23 PM GMT
ti Email viewed by [email protected]
2022-09-18-12:56:39 PM GMT
6(. Signer [email protected] entered name at signing as Manuel Campos 2022-09-18- 12:57:29 PM GMT
&,. Document e-signed by Manuel Campos ([email protected]) Signature Date: 2022-09-18-12:57:30 PM GMT-Time Source: server Document emailed to [email protected] for signature 2022-09-18-12:57:32 PM GMT
ti Email viewed by [email protected]
2022-09-20- 9:17:42 AM GMT
6(. Signer [email protected] entered name at signing as Manuel Campos 2022-09-24 - 5:08:03 AM GMT
@.; Document e-signed by Manuel Campos ([email protected]) Signature Date: 2022-09-24 - 5:08:05 AM GMT - Time Source: server Document emailed to [email protected] for signature 2022-09-24 - 5:08:07 AM GMT
ti Email viewed by [email protected]
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De Signer [email protected] entered name at signing as Jeanette Duran 2022-09-26 • 2:47:34 PM GMT
D"c; Document e-signed by Jeanette Duran [email protected]) Signature Date: 2022-09-26 - 2:47:35 PM GMT - Time Source: server Document emailed to [email protected] for signature 2022-09-26 - 2:47:37 PM GMT
Email viewed by [email protected]
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@@ Signer [email protected] entered name at signing as jose vargas 2022-09-26 • 3:12:25 PM GMT
&c; Document e-signed by jose vargas [email protected]) Signature Date: 2022-09-26 - 3:12:26 PM GMT -Time Source: server Document emailed to Carolyn Vu ([email protected]) for signature 2022-09-26 - 3:12:28 PM GMT
f'.l Email viewed by Carolyn Vu ( [email protected]) 2022-09-26 - 3:19:44 PM GMT
De Document e-signed by Carolyn Vu ([email protected]) Signature Date: 2022-09-26-3:19:53 PM GMT-Time Source: server Document emailed to Barbara Rooney ([email protected]) for signature 2022-09-26 - 3:19:55 PM GMT
f'.l Email viewed by Barbara Rooney ([email protected]) 2022-09-30 • 5:10:16 PM GMT
@@ Document e-signed by Barbara Rooney ([email protected]) Signature Date: 2022-09-30 - 5:10:55 PM GMT- Time Source: server IC Agreement completed.
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I
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0City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 12, 2022
Cftyo/

IRWINDALE

AGENDA REPORT
CC ITEM 1F
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Resolution No. 2022-99-3349 Excusing Councilmember Mark A. Breceda from City Council Meetings
City Manager's Recommendation:

Adopt Resolution No. 2022-99-3349, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE EXCUSING COUNCIL MEMBER MARK A. BRECEDA FROM THE CITY COUNCIL MEETINGS OF SEPTEMBER 14, 2022 THROUGH AND INCLUDING OCTOBER 12, 2022" reading by title only and waiving further reading thereof.

Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Due to unforeseen circumstances, Council Member Mark A. Breceda has been unable to attend the past two City Council meetings on September 14, 2022, and September 28, 2022. The last regular meeting attended by Council Member Breceda was August 24, 2022.

The Irwindale Charter, at Article V Section 505(d) provides that:
"if a City Councilman absents himself, without the consent of the City Council, from all regular City Council meetings for a period of sixty (60) consecutive days from the last regular meeting of the Council he attended, his office shall be deemed vacant; provided that the consent of the City Council shall be given only for good cause, but shall not be unreasonably withheld"
If Council concurs, it would be in order to make the finding that pursuant to the Irwindale Charter, Article V, Section 505(d), that the absences of the Council Member Breceda are excused for each of City Council meetings between and including September 14, 2022 and October 12, 2022.

Attachment:

Proposed Resolution No. 2022-99-3349

RESOLUTION NO. 2022-99-3349

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE EXCUSING COUNCIL MEMBER MARK A. BRECEDA FROM THE CITY
COUNCIL MEETINGS OF SEPTEMBER 14, 2022 THROUGH AND
INCLUDING OCTOBER 12, 2022
WHEREAS, the City Council of the City of Irwindale recognizes that Council Member Mark A Breceda has experienced unforeseen circumstances, which have prevented him from attending the City Council meetings of September 14, 2022 through and including October 12, 2022; and
WHEREAS, the Irwindale Charter, at Article V, Section 505 (d) provides that:
"if a City Councilman absents himself, without the consent of the City Council, from all regular City Council meetings for a period of sixty (60) consecutive days from the last regular meeting of the Council he attended, his office shall be deemed vacant; provided that the consent of the City Council shall be given only for good cause, but shall not be unreasonably withheld;" and
WHEREAS, by this Resolution, the City Council wishes to formally find that good cause exists for Council Member Breceda's absences from the aforementioned meetings and excuse such absences.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. Council Member Mark A Breceda has had good cause for being absent from each City Council meeting between and including September 14, 2022 and October 12, 2022, in light of the unforeseen circumstances he has experienced during such times.

SECTION 2. The City Council hereby finds and determines that, pursuant to Irwindale Charter provision, Article V, Section 505 (d), Council Member Mark A Breceda's absences are excused for each City Council meeting between and including September 14, 2022 and October 12, 2022.

SECTION 3. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall in turn be effective immediately.

PASSED, APPROVED AND ADOPTED this 121h day of October 2022. 01005.0001/824354.1
Larry G. Burrola, Mayor
Resolution No. 2022-99-3349

ATTEST:

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

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-99-3349 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 121h day of October 2022, by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Resolution No. 2022-99-3349

Laura M. Nieto, MMC
Chief Deputy City Clerk
ISJCity Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 12, 2022
Cityoj

IRWINDALE

AGENDA REPORT
CC ITEM 1G
To: Honorable Mayor and Members of the City Council
From: Marilyn Simpson, Community Development Director
Issue: Reimbursement Agreement with LIT Reliance II, LP (Clarion & Trammel Crow)
City Manager's Recommendation:

Approve Reimbursement Agreement between the City of Irwindale and LIT Reliance II, LP for the City's consideration and processing of Reliance II Specific Plan development applications.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP
Community Development Director
Prepared by:

Robert Lee, Assistant City Attorney
Reviewed by:

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

Julian Miranda, City Manager
Background and Analysis:
d ,\ ·.J
Electronically Approved
Electronically Approved
ElectronlcaHy Approved
Clarion/Trammel Crow, dba LIT, is the current owner of the ±92-acre former mining site The Reliance II Landfill site was previously owned by the Calmat Co., dba Vulcan Materials Company, Western Division. The site is now named the Irwindale Business Park North. The property On August 9, 2017, the City Council approved a Reimbursement Agreement between the City and Vulcan Materials Company that included reimbursement for costs incurred by the City related to development, related agreements, and consultant and attorney fees. Vulcan partnered with the Trammel Crow Company to construct a business park on the site. On November 8, 2017, the City Council approved Resolution

No. 2017-88-2896 for the Reliance II Specific Plan which was adopted via the Initiative process pursuant to Elections Code Section 9214(a). The site is subject to the development standards and processes in the Reliance II Specific Plan.

On March 15, 2021, Vulcan conveyed the project site to LIT.

LIT has agreed to reimburse the City the full reasonable costs incurred by the City related to development of the site. The attached Reimbursement Agreement establishes the rights and responsibilities of each party for the approvals and review for the development.

The terms of the Reimbursement Agreement include the following key points:
• LIT agrees to reimburse the City the full reasonable costs, fees and expenses incurred in connection with the processing of applications and plans for the Project and the Improvements, including but not limited to staff time, design engineer costs, costs related to contract agreements between City and Consultants, costs related to contract agreements between the City and other agencies, attorney time, plan check and review costs, and inspection costs (collectively, "Expenses"). • Expenses include but are not limited to costs associated with the City Attorney's negotiation and review of the Consultant Contracts and Agency Contracts and associated documents, expenses of hiring the Consultants and the reimbursement of the associated costs.
• LIT agrees to pay the City a lump sum deposit of $200,000 within five (5) days of the City's approval of the Reimbursement Agreement.
• LIT agrees to replenish the deposit when it falls below $50,000. • The Agreement shall expire three (3) years after the effective date with a one (1) year extension.
• The Developer agrees to indemnify the City.

Fiscal Impact:

There is no fiscal impact. LIT will reimburse the City for all costs incurred.

Attachments:

A. LIT Reliance II, LP Project Reimbursement Agreement

Attachment "A"

REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT ("Agreement") is executed this __ day of ______ , 2022 ("Effective Date"), by and between the CITY OF IRWINDALE, a California municipal corporation ("City"), and LIT RELIANCE II, LP, a Delaware limited partnership ("Developer"). City and Developer may be referred to, individually or collectively, as "Party" or "Parties."

RECITALS
WHEREAS, on August 9, 2017, the City and CalMat Co., a Delaware Corporation, dba Vulcan Materials Company, Western Division ("Vulcan") entered into that certain Project Reimbursement Agreement (the "Original Vulcan Agreement") to provide for the reimbursement of City by Vulcan for the full reasonable costs incurred by City related to the development of the Project, and all related agreements, consultant fees, and any other costs, fees, and expenses and to establish the rights and responsibilities of each party related to legislative approvals for the Project ("Project"), as that term is defined in the Original Vulcan Agreement.

WHEREAS, on August 14, 2017, the City and Vulcan (the "Original Parties") entered into that certain Amendment No. I to Project Reimbursement Agreement (the "First Amended Agreement") to clarify and memorialize the respective obligations of the Original Parties with respect to the planning, design, bidding and construction of certain traffic improvements related to the Project.

WHEREAS, pursuant to the Original Vulcan Agreement and First Amended Agreement (collectively, the "Vulcan Agreement"), Vulcan deposited with City certain monies ("Vulcan Deposit") to provide for the reimbursement of City by Vulcan for the full reasonable costs incurred by City related to the development of the Project, and all related agreements, consultant fees, and any other costs, fees, and expenses and to establish the rights and responsibilities of each party related to legislative approvals for the Project, which monies City was permitted to draw down in accordance with the terms agreed to by the Parties.

WHEREAS, on November 8, 2017, the Irwindale City Council adopted Resolution No. 2017-88-2896, a resolution adopting an initiative measure (the "Initiative") amending the Irwindale Municipal Code and the Irwindale zoning map and adopting the Reliance II Specific Plan (the "Specific Plan") to permit development of the Project, in lieu of calling an election for said purpose, pursuant to California Elections Code section 9214 and 9215; WHEREAS, on March 15, 2021, Vulcan(!) conveyed the site upon which the Project will be completed ("Site"), together with all privileges, rights and easements appurtenant to the Site, to Developer, and (2) attempted to assign the Vulcan Agreement to Developer, pursuant to that certain Assignment and Assumption Agreement dated March 15, 2021 (the "Assignment"). The Assignment cannot be effectuated without City's consent and City has not consented to the Assigument. Instead, rather than the Vulcan Agreement being assigned to Developer, the City, Vulcan, and Developer now believe it is in all three parties' best interest to terminate the Vulcan LIT Reliance II Reimbursement Agreement
October 12, 2022
Agreement after a full and final reconciliation of all costs and expenses, while City and Developer enter into this Agreement to set out Developer's obligations to the City with respect to the Project.

WHEREAS, all development under the Specific Plan is subject to a Substantial Conformance Determination, considered and approved by the City's Development Services Director or designee in accordance with the provisions of Section V of the Specific Plan ("Substantial Conformance Determination"). In addition to a Substantial Conformance Determination, the Project will require various other permits and administrative approvals from the City (collectively, the "Approvals"). Developer is also required to complete certain on-site and off-site traffic and utility infrastructure improvements ("Improvements") related to the Project in substantial conformance with the requirements of the Specific Plan, and City has agreed to undertake the responsibilities for planning, design, and permitting for the Improvements.

WHEREAS, Section 4 of City Council Resolution No. 2017-88-2896 states that adopting the Initiative in lieu of placing it on an election is exempt from the California Environmental Quality Act ("CEQA"), as CEQA only applies to the "discretionary" actions of the City that may have a direct or indirect effect on the environment. Further, the California Supreme Court has held that adopting a land use initiative, as has been done by the City in the form of the Initiative, that has qualified through citizens' petition in lieu of placing it on an election is not a "discretionary" action and is therefore exempt from CEQA (Tuolumne Jobs & Small Business Alliance v. Superior Court, 59 Cal. 4th 1029 (2014)). The Parties do not presently anticipate that the Project will require any discretionary approval by the City that would trigger the requirements of CEQA, but acknowledge that in the event there are aspects of the Project that eventually do trigger CEQA, an environmental analysis under CEQA must be conducted in accordance with applicable CEQA laws and regulations.

WHEREAS, City has agreed to hire one or more consultants ("Consultants," and individually a "Consultant") to assist in processing applications and plans submitted by Developer for the Project, including consultants to assist with the Improvements and the Approvals, which may or may not include an analysis and approval required under CEQA laws and regulations. City will also utilize its own staff to oversee and coordinate the processing of such applications and plans, and will use the City Attorney for review and negotiation of documents related to the Project.

WHEREAS, as of the date of execution of this Agreement, the City has already incurred certain costs and attorney's fees in connection with the Improvements and the Approvals, and such costs and fees are intended to be included as reimbursable costs pursuant to this Agreement.

WHEREAS, the City and Developer desire to enter into this Agreement to provide for Developer to be responsible for all direct and indirect City costs related to the Improvements and the Approvals for the Project, and for Developer to deposit funds with City in advance to reimburse City for such costs, and to establish procedures therefor. In connection herewith, the Parties also intend to terminate the Vulcan Agreement, with City returning to Vulcan the portions of the Vulcan Deposit to which City is not entitled under the terms of the Vulcan Agreement. 2 NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1. Incorporation of Recitals. The Parties hereby incorporate the Recitals as though fully set forth herein.

2. Developer Responsibility for City Costs. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City's undertaking of the planning, design, and permitting for the Improvements, inclusive of any City efforts to facilitate the review and approval of Improvements by other agencies such as Union Pacific Railroad, the Los Angeles Metropolitan Transportation Authority and the California Public Utilities Commission, as may be needed, and the processing of the Approvals which, depending on the nature of the Approvals, may or may not include an analysis and approval required under CEQA laws and regulations (the "City Costs"). City Costs include, but are not limited to: (a) City Attorneys' fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with Consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Improvements, and for the processing of the Approvals, (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with Consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Improvements, and for the processing of the Approvals; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; ( d) all costs related to studies, reports and design services for the development of any Project-related infrastructure; ( e) all costs related to investigations of the Property or the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the Improvements, the Project, and the Approvals. City Costs will not include costs that have been incurred by the City prior to Developer's acquisition of the Site on May 15, 2021. Developer's obligation to deposit and reimburse City Costs are in addition to Developer's duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.

2.1 Deposit. In furtherance of the foregoing, Developer has or shall, within ten (10) days of the Effective Date, deposit with City an initial sum of $200,000 against which any City Costs will be drawn down ("Deposit"). The Deposit represents City's best estimate of Developer's ultimate financial obligation to City under this Agreement. At no point in time shall the minimum balance of the Deposit fall below $50,000, and Developer shall make such additional deposit(s) required under Section 2.2, below.

2.2 Additional Deposits by Developer. Developer shall make additional deposits to the City within ten (10) days of City's written request to the Developer up to an additional aggregate amount not exceeding $200,000. City's written requests for additional deposits shall state what costs have been incurred to date, additional costs anticipated, and how 3 City intends to apply any needed additional Developer deposits. If deposited sums exceed the costs incurred by City, City shall refund the difference as soon as City determines the amount of such excess.

2.3 City's Right to Cease Work. In the event that Developer does not promptly pay or reimburse the City Costs, including by failing to reimburse amounts incurred or timely pay any additional requested deposits, City may immediately cease all work related to or concerning the hnprovements, the Approvals, and/or the Project, and may take such further action as City deems appropriate, including deeming any Developer application( s) abandoned and any development permit issued by City to Developer null and void.

2.4 Interest on Deposit. Any amounts deposited by Developer shall be maintained by City in an interest-bearing account of City's choice, and may be co-mingled with other City funds in such account. Interest accruing upon any such deposits shall inure to and be created for the benefit of City.

2.5 Accounting. City shall keep an accounting of the City Costs and all deposits made by Developer. Upon written request, City shall provide statements of these accounts to Developer, which shall include descriptions of the City Costs, including the date, amount, and the type of activity for which the cost was incurred. Failure of City to provide any accounting shall not excuse Developer's duty to perform any act, including the duty to make full and timely deposits required under this Section 2. Developer may question or challenge any use of funds set forth in the accounting and may appeal same to the City Council.

2.6 Unexpended Funds. Upon completion of City's assistance in connection with Developer's completion of the Improvements, the granting or issuance of all necessary Project Approvals, the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the Approvals, then upon the resolution of such challenge, City shall return any then-unexpended portion of the deposit to Developer, without interest, less an amount equal to any unpaid expenses previously incurred by the City.

3. Additional Taxes, Fee, and Charges. Notwithstanding any prov1s10n to the contrary, Developer shall pay all normal and customary fees and charges applicable to all permits and Approvals necessary for the Project, and any taxes, fees, and charges hereafter imposed by City, which are standard and uniformly-applied to similar projects in the City.

4. City Release; Expiration. This Agreement shall expire three (3) years after the Effective Date unless Developer has outstanding reimbursement obligations to the City at such time or City reasonably determines that the Project has not been abandoned and/or City will incur additional reimbursable costs after such date, in which event this Agreement will be automatically extended for additional one (1) year terms until Developer has reimbursed all City Costs.

5. Remedies. In the event of a breach by Developer, City may, in addition to any other remedies, seek to recover the City Costs plus reasonable attorneys' fees in enforcing this Agreement. This provision will not be interpreted to curtail any of City's remedies at law or equity 4 against Developer for any violation of its codes, nor shall it be interpreted as a waiver of any defense of Developer.

6. Conflicts of Interest.

6.1 No Financial Relationship. Developer acknowledges the requirements of Govermnent Code Sections 1090 et seq. (the "1090 Laws") and warrants that it has not entered into any financial or transactional relationships or arrangements that would violate the 1090 Laws, nor shall Developer solicit, participate in, or facilitate a violation of the 1090 Laws.

6.2 Developer's Representations and Warranties. Developer represents and warrants that it is duly authorized to do business in the State of California. Developer further represents and warrants that, for the 12-month period preceding the Effective Date of this Agreement, it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Govermnent Code sections 87100 et seq.).

7. Developer Acknowledgements. Subject to the reimbursement obligations set forth in this Agreement, Developer acknowledges and agrees that, with respect to the work concerning the Improvements, the Approvals, and the Project:
7 .1 City has sole discretion to select which of its employees and contractors are assigned to the work.
7 .2 City has sole discretion to direct the work and evaluate the performance of the employees and contractors assigned to the work, and City retains the right to terminate or replace at any time any such person.
7 .3 City has sole discretion to determine the amount of compensation paid to employees or contractors assigned to the work.

7.4 City, not Developer, shall pay employees and contractors assigned to the work from a City account.

8. Indemnification and Hold Harmless.

8.1 Agreement Not Liability or Debt of City. The Parties acknowledge that there may be challenges to the legality, validity and adequacy of this Agreement, the Improvements, the Approvals for the Project, the Project itself, or other City actions related to the same. If such ehallenges are successful, such challenges could delay or prevent the performance ofthis Agreement, the Approvals, or implementation of the Project. City shall have no liability whatsoever for the inability of Developer to complete the Improvements, obtain the Approvals, or implement the Project, as the result of any judicial determination that some or all of the Improvements, Project, the Approvals, or any other City action related to any of the same are invalid or inadequate or not in compliance with law. No official, officer, employee 5 or agent of the City shall be personally liable hereunder to any extent. The Parties further acknowledge and agree that this Agreement is not a debt of the City. The City shall not in any event be liable hereunder other than to return the unexpended and uncommitted portions of the deposit as provided in Section 2.6 above, and to provide an accounting under Section 2.5 above. The City shall not be obligated to advance any of its own funds for any reason whatsoever.

8.2 Indemnification. Developer agrees to indemnify, protect, defend, and hold harmless the City and its officials, officers, employees, agents, elected boards, commissions, departments, agencies, and instrumentalities thereof, from any and all actions, suits, claims, demands, writs of mandamus, liabilities, losses, damages, penalties, obligations, expenses, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures) asserted by third parties against the City that challenge, or seek to void, set aside, or otherwise modify or annul, the action of, or any approval by, the City for or concerning this Agreement, the Improvements, the Approvals, the Project, or any other City action related to any of the foregoing (including, but not limited to, reasonable attorneys' fees and costs) (herein the "Claims and Liabilities") whether such Claims and Liabilities arise under planning and zoning laws, the Subdivision Map Act, CEQA, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. In the event any action for any Claims and Liabilities is brought against the City and/or related parties, upon City's notification to Developer of the pendency of a claim or suit, Developer shall make a minimum deposit sufficient to pay all of Developer's indemnification obligations for the following ninety (90) days, which includes legal costs and fees anticipated to be incurred as reasonably determined by the City. Developer shall make deposits ("Indemnity Deposit") required under this section within five (5) days of the City's written request. At no point during the pendency of such claim or suit shall the minimum balance of the Indemnity Deposit fall below One Hundred Thousand Dollars ($100,000).

If Developer fails to timely pay such funds, the City may abandon the action without liability to Developer and may recover from Developer any attorneys' fees and other costs for which the City may be liable as a result of abandonment of the action. It is expressly agreed that the City shall have the right to utilize the City Attorney's office or use other legal counsel of its choosing. Developer's obligation to pay the defense costs of the City shall extend until final judgment, including any appeals. City agrees to fully cooperate with Developer in the defense of any matter in which Developer is defending and/or holding the City harmless. The City may malce all reasonable decisions with respect to its representation in any legal proceeding, including its inherent right to abandon or to settle any litigation brought against it in its sole and absolute discretion, and City's reasonable decision to settle or abandon a matter, including but not limited to following an adverse judgment or failure to appeal, shall not cause a waiver of the City's indemnification rights. Any decision by the City to settle litigation shall not, without the written consent of Developer, bind Developer. City shall discuss litigation strategy with Developer in good faith, but shall retain absolute discretion to malce strategy decisions.

8.3 Exception. The obligations of Developer under this Section shall not apply to any claims, actions, or proceedings arising through the sole negligence or willful misconduct of the City, its members, officers, or employees.
6 8.4 Period of Indemnification. The obligations for indemnity under Section

8.2 shall begin upon the Effective Date and shall survive termination or expiration of this Agreement.

9. Developer's Rights Concerning Review of Documents. City shall give Developer at least ten (IO) days' notice along with copies of any proposed contract with a Consultant and related documents so that Developer shall have the opportunity to provide comments or objections thereto, prior to the City finalizing, filing, or otherwise releasing any of the foregoing. The City shall also provide Developer with draft copies of all other reports and studies funded through this Agreement. Developer may discuss issues with the City or its consultants and may malce comments orally or in writing. The City shall also use reasonable efforts to permit Developer's review with respect to agendas and staff reports for all open City Council, Planning Commission and other public body meetings at which the Project or related matters are to be considered, and by providing Developer with draft copies thereof prior to or concurrently with the transmission of such documents to the appropriate body. It is expressly understood that any and all City consultants retained hereunder are under contract solely with the City, and the City is free to disregard the comments of Developer and exercise its independent judgment in making payments to the Consultant or revising or accepting the Consultant's work product, without any liability whatsoever to Developer therefor.

10. No Obligation to Approve Project. The provisions of this Agreement shall in no way obligate the City to grant any Approvals or talce any particular action related to an application for any Approvals.

11. Assignment. Developer may not assign this Agreement to any other entity nnless agreed to in writing by City and upon proof of the financial viability of the successor entity to fulfill the Agreement's obligations. City's consent to assignment shall not be unreasonably withheld.

12. Relationship Between the Parties. The Parties agree that this Agreement does not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Nothing herein shall be deemed to malce Developer an agent of City.

13. Authority to Enter Agreement. Developer warrants that it has the legal capacity to enter into the Agreement. Each Party wanants that the individuals who have signed the Agreement have the legal power, right, and authority to malce this Agreement and bind each respective Party.

14. Notices. All notices, demands, invoices, and communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To City: City oflrwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
7 Copy to:

To Developer:

Attn: Julian Miranda, City Manager
Aleshire & Wynder, LLP
18881 Von Kannan Ave. Suite 1700
Irvine, CA 92612
Attn: Adrian Guerra, City Attorney
Email: [email protected]
LIT Reliance II, LP
c/o Clarion Partners
601 S. Figueroa Street, Suite 3 600
Los Angeles, CA 90017
Attn: Michael Marrone
Email: [email protected]
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; by U.S. Mail first class postage prepaid, as of72 hours after deposit in the U.S. Mail; and by email, upon the sender's receipt of an email from the recipient acknowledging receipt.

15. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes ofthis Agreement.

16. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the langnage of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified, any term referencing time, days, or period for performance shall be deemed calendar days and not business days, provided, however that any deadline that falls on a weekend or holiday shall be extended to the next City business day. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, appointed boards and commissions, officers, employees, agents, and volunteers. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

17. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

18. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

19. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or 8 assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

21. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and shall be construed so as to effectuate the intent of the Parties.

22. Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a govermuental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure section 394.

23. Time is of the Essence. Time is of the essence with respect to this Agreement.

24. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

25. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer with respect to the subject matter of this Agreement. [SIGNATURES OF PARTIES ON NEXT PAGE]
9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF IR WIND ALE, a California municipal corporation By: _____________ _
Julian Miranda, City Manager
ATTEST:

By: ______________ _
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

By: _____________ _
Adrian Guerra, City Attorney
DEVELOPER:

LIT RELIANCE II, LP, a Delaware limited partnership
By: ______________ _
Name:

Title:

By: ------------------
Name:

Title:

Two corporate officer signatures required when Developer 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. DEVELOPER'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 DEVELOPER'S BUSINESS ENTITY.

IO

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.

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

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

WITNESS my hand and official seal.

Signature: ··-

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

CAPACITY CLAIMED BY SIGNER

D INDIVIDUAL

D CORPORATE OFFICER

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
LIT Reliance II Reimbursement Agreement
October 12, 2022

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

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.

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

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

WITNESS my hand and official seal.

Signature:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT

TITLE(S) NUMBER OF PAGES

D PARTNER(S) D LIMITED DATE OF DOCUMENT D GENERAL

D ATTORNEY-IN-FACT SIGNER(S) OTHER THAN NAMED ABOVE

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
2 IRWINDALE CITY COUNCIL CHAMBElS
5050 N. IRWINDALE AVENUE ,___ _______ _.

SA ITEM 1A1
SEPTEMBER 28, 2022

WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:27 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: Councilmember H. Manuel Ortiz; Mayor Pro Tern
Albert F. Ambriz; Mayor Larry G. Burrola

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

Present: Julian A. Miranda, City Manager; Jamie Traxler, Assistant City Attorney; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Deputy City Clerk There were no speakers.

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

MINUTES
The following minutes were approved:
1) Special joint meeting held September 14, 2022
2) Regular meeting held September 14, 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 8:28 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
CheckNo Vendor No
78033 USBANK03
Vendor Name
US Bank Trust N.A.

SA ITEM 18

IRWINDALE
Check Date
09/22/2022
Report Total (I checks):

Check Amount
3,900.00
3,900.00
HA ITEM 1A2

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
~PTEMBER 28, 2022 ....._~~~~~~~--'· WEDNESDAY
8:28 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

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

Absent: Board Members Mark A. Breceda, Manuel R. Garcia Also present: Julian A. Miranda, Executive Director; Jamie Traxler, Assistant General Counsel; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Assistant Authority Secretary
DENA ZEPEDA Dena Zepeda asked where applications for the Las Casitas Senior Apartments program could be picked up, and requested that flyers be sent to residents informing them of the status of the 45-year covenants placed on their homes.

DIRECTOR SIMPSON Director Simpson advised that applications for Las Casitas could be picked up at the Community Development Department.

BOARD CONSENSUS Board consensus was reached to place an item on the next agenda to discuss the 45-year covenants placed on housing program properties.

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
ITEM N0.1B

RELEASE OF

CONSTRUCTION
A motion was made by Vice Chair Ambriz, seconded by Board Member Ortiz, to approve Consent Calendar. The motion was unanimously approved; Board Members Breceda and Garcia absent.

MINUTES
The following minutes were approved:
1) Special joint meeting held September 14, 2022
2) Regular meeting held September 14, 2022
3) Special joint meeting held September 19, 2022
RELEASE OF CONSTRUCTION COVENANTS- 16203-16233

ARROW HIGHWAY

HOUSING AUTHORITY MINUTES

REGULAR MEETING
SEPTEMBER 28, 2022
PAGE2
COVENANTS16203-16233

ARROW HIGHWAY

NEW BUSINESS
ITEM NO. 2A

LAS CASIT AS RFP -

VERBAL UPDATE

DIRECTOR SIMPSON

DENA ZEPEDA

PUBLIC HEARINGS

ADJOURNMENT
The release of Construction Covenants for the completion of construction and development of the business park development at 16203-16233 Arrow Highway, was approved.

LAS CASITAS RFP- VERBAL UPDATE
Director Simpson provided the update, wherein she advised that the Board has previously directed staff to prepare a Request for Proposals ("RFP") for property management and maintenance services at Las Casitas senior apartments. The site is currently being leased to North ridge, which is currently providing said services. The goal of the RFP is to request proposals for these services from companies that are familiar with senior affordable complexes. Additional services to be provided include lease executions, rent collection, property maintenance, vacancy turnaround, and others. The Housing Authority's legal counsel is looking into a few technical details, but staff plans to report on this item at the October 12 meeting.

Dena Zepeda thanked Director Simpson for the report and stated that the carpets at the senior apartments are loose.

None.

There being no further business to conduct, the meeting was adjourned at 8:36 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
D Successor Agency
IL'J Housing Authority
D Reclamation Authority
D Joint Powers Authority
Date: October 12, 2022
Cdyif
IR \/VINDALE

AGENDA REPORT
HA ITEM 2A
To:

From:

Honorable Chair and Members of the Housing Authority Board Julian A. Miranda, Executive Director
Issue: Approval of Issuance of Request for Proposals (RFP) for Property Management and Maintenance Services for Las Casitas Affordable Senior Apartment Complex
Executive Director's Recommendation:

That the Irwindale Housing Authority Board authorize the issuance of a request for proposals for property management and maintenance services for Las Casitas affordable senior center apartment complex.

Administrative Action:

Prepared /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

ELECTRONICALLY

APPROVED
In January 2022, the Irwindale Housing Authority Board directed staff to prepare a Request for Proposal (RFP) for Property Management and Maintenance Services for Las Casitas Affordable Senior Apartment Complex. The two-story, 26-unit apartment complex is located at 5164 Ayon Avenue, Irwindale, CA (Property). The Property is currently owned by the Irwindale Housing Authority and is leased to the Northridge Group.

The RFP seeks to solicit proposals from property management companies to provide full service, comprehensive property management and maintenance services necessary to