Agenda — Irwindale City Council, January 25, 2023 (part 2 of 2)

City Staff and Five Points have been working together for the past year to come to a settlement of the litigation. The parties have now agreed to a conceptual settlement framework, subject to approval by the City Council of a formal settlement agreement. As part of settlement discussions, Five Points has designed and proposed a revised version of the Project that reduces the square footage of the proposed structure to 495,000 square feet and includes additional features to address concerns raised during prior City hearings (the "Revised Project").

The attached settlement agreement encompasses the following terms of the proposed settlement:

1. The parties agreed to continue the demurrer hearing date, which was set for January 11 , 2023. The City reserved March 27, 2023 as the new hearing date for the demurrer and withdrew the January 11, 2023 date to allow finalization of the settlement terms. The City will re-file its demurrer under the March 27, 2023 date. The parties have agreed that the demurrer date can be continued thereafter as needed to accommodate the settlement.

2. Pursuant to the Parties' stipulation, the trial date for this matter was continued to November 27, 2023 and litigation was stayed until March 22, 2023.

3. The City agrees to consider the Revised Project under the following schedule:
a) The City's CEQA consultant will prepare an amended air quality analysis and produce a Revised Final Environmental Impact Report ("Revised FEIR") that does not require recirculation.
b) On March 15, 2023, the Planning Commission will hold a duly noticed public hearing and consider whether to recommend approval or denial of the Revised Project to the City Council.
c) On April 12, 2023, the City Council will hold a duly noticed public hearing and consider whether to approve or deny the Revised Project. d) Five Points agrees that the City will utilize its best efforts to meet these dates, however these dates may be continued a total of four times due to the discretion and police power authority of the Planning Commission and/or City Council.

4. Five Points agrees to indemnify the City for any challenges to the settlement and project, and continue its legal obligations to cover and reimburse the City for any and all CEQA costs, and costs of processing the Revised Project, including consultants on behalf of the City, and agrees to continue its indemnity obligations for any challenge to the City's approval of the Revised Project.

5. Five Points will hold a community outreach meeting sometime prior to City Council consideration of the project.
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6. Upon the City Council's approval of the Revised Project, Five Points will dismiss the lawsuit with prejudice.

7. The terms of the PSDA remain intact.

8. Both parties bear their own attorneys' fees and costs.

It is recommended that the City Council approve the proposed settlement agreement.

Following approval of the settlement agreement, the City will commence processing the Revised Project in accordance with the agreed upon schedule. All associated costs regarding the development will be reimbursed by Five Points.

Fiscal Impact:

None
Attachments:

Settlement Agreement between Five Points and City of Irwindale Page4

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made by and between Five Points, LP, formerly known as Five Points, LLC ("Five Points"), on the one hand, and the City of Irwindale (the "City"), on the other hand. Each party individually is referred to as a "Party" and collectively they are referred to as the "Parties."

RECITALS
A. On or about November 15, 2015, the City and M&A Gabaee, a California limited partnership (M&A), entered into the Agreement for Purchase, Sale & Development of Real Property and Joint Escrow Instructions (the "PSDA") under which M&A agreed to purchase 25.4 acres in the City of Irwindale more particularly described and depicted in Exhibit A thereto (the "Property") pursuant to the terms and conditions of the PSDA.

B. M&A assigned its interest in the PSDA to Five Points prior to the close of escrow.

C. Pursuant to the PSDA, in our around May and September 2017, Five Points submitted to the City applications for entitlements for the development of a new concrete tilt-up warehouse/office building of approximately 545,735 square feet with dock loadings on the east and west sides of the structure (the "Project"). The entitlement applications included a Land Use, Development & Subdivision Application with a Site Plan and Design Review Supplemental Form seeking approval of a site plan and design review; a Legislative Action Application seeking approval of a General Plan Amendment to amend the land use designation for a portion of the Property; and an Environmental Assessment for environmental review under the California Environmental Quality Act ("CEQA") (collectively, the "Entitlement Applications").

D. The City prepared an Environmental Impact Report ("EIR"), SCH #2018121056, to analyze the environmental impacts of the Project under CEQA.

E. On August 9, 2021, the City's Planning Commission conducted a duly noticed public hearing on the Project and the Entitlement Applications. The Planning Commission found that the Project benefits do not outweigh the significant and unavoidable air quality impact disclosed in the EIR and recommended that the EIR not be certified and directed City staff to prepare resolutions for a recommendation of denial of the Entitlement Applications.

F. On October 13, 2021, the City Council conducted a duly noticed public hearing on the Project and the Entitlement Applications. At the conclusion of the hearing, the City Council upheld the recommendation of the Planning Commission, declined to certify the EIR and thus declined to approve the Project and the Entitlement Applications.

G. On January 12, 2022, Five Points filed suit against the City in Los Angeles County Superior Comi, Case No. 22STCV01394, alleging various claims arising out the facts set forth in Recitals A-F (the "Lawsuit").

H. The Lawsuit remains pending. The trial date is cutTently scheduled forwas continued to June 26November 27, 2023 pursuant to the Parties' stipulation filed in the Lawsuit-:
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That Parties ha'1e agreed to stipulate to coRtiRue the trial date to facilitate the settlement procedures set fo1th in this Agreement.

I. As part of settlement discussions, Five Points has designed and proposed a revised version of the Project that reduces the square footage of the proposed structure to 495,000 square feet and includes additional features to address concerns raised during prior City hearings (the "Revised Project").

J. The Parties believe that it is in their respective best interests to establish a process for the City to consider the Revised Project and thereby potentially resolve the claims by and between them related to the Project, the Entitlement Applications, and the Lawsuit in order to avoid the burden, expense, uncertainty, risk, and delay associated with litigation, as set fo1th below.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the following consideration, provisions, mutual promises, and agreements contained herein, the Parties agree to the following terms:

1. Continuance of Trial Date and Stay of Lawsuit: CoRcurreRtly with the drafting of this Agreement, tihe Parties ~ a Stipulation and [Proposed] Order to_, subject to the approval of the Court, stay all proceedings and deadlines in the Lawsuit and continue the trial date to November 27, 2023 to facilitate the City hearings contemplated by this Agreement. +he Parties agree that they shall use their best effo11s to ensure that the Stipulation is entered as an order of the Court. The City shall also ensure that the demun-er hearing, curreRtly scheduled to take place on January 11 , 2023 is continued. The City has reserved March 27, 2023, for the continued demurrer hearing and will continue the hearing date further as needed to accommodate the hearings contemplated by this Agreement.

2. City Hearings on Revised Project and Entitlement Applications: The City agrees that through approval of this Agreement, the City Council is directing the Planning Commission to consider the Revised Project under the original Entitlement Applications in accordance with applicable laws and regulations. The City shall notice and hold public hearings before the Planning Commission and City Council to consider approving the Revised Project under the original Entitlement Applications. The City agrees that it shall use its best effo1ts to ensure that the Planning Commission hearing take place by February 27March 15, 2023, and the City Council hearing by March 22April 12, 2023. The Patties agree and understand that circumstances may occur beyond the City's control and thus the Parties agree that, in those circumstances, continuances of such City hearings may occur up to a total of four times for the Planning Commission and City Council. The City cannot promise or guarantee any general or particulru· outcome of the hearings or final decision on the Revised Project and Entitlement Applications, which are within the discretion of the Planning Commission and City Council, including in accordance with the PSDA and applicable law. Nothing herein shall commit the City Council to any specific discretionary decision.
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In order for the City to consider the Revised Project per the schedule set forth in this Agreement, Five Points agrees that it will deliver to the City in a reasonable time period the following for the Revised Project: (1) ten sets of conceptual plans, size 11" x 17" in addition to one set of full size (24" x 36") plan set, to include the site plan, floor plan, elevations, landscaping; (2) an additional site plan that includes the surrounding land uses - not just labels - but drawing the areas (the purpose of which is to provide a visual setting of the project within the area); (3) color set of documents for the meetings. Five Points further agrees that it will submit plans directly to Los Angeles County Fire Depaiiment via EPIC LA necessary for the Revised Project, as well as provide to the City a 500" Radius map and property owner labels (2 sets) for mailing.

3. Dismissal of the Lawsuit with Prejudice: In the event that the City Council approves at the hearing required by Pai·agraph 2 of this Agreement the Revised Project and Entitlement Applications, or a version of the Revised Project and Entitlement Applications substantially similar to that which is currently proposed by Five Points and is acceptable to Five Points, Five Points agrees that it shall file a dismissal of the Lawsuit with prejudice within five business days of the adoption by the City Council of a binding and final Resolution approving the Entitlement Applications.

4. Community Outreach Meeting. Five Points agrees that it shall hold one community outreach meeting to present the Modified Project prior to the City Council hearing required by Paragraph 2 of this Agreement. Five Points agrees to provide at the Community Outreach Meeting an information sheet listing the differences between the original site plan and the reduced size of the project.

5. Environmental Review, Reimbursement Costs, and Indemnification. The Parties agree and understand that the City intends to conduct additional environmental review to supplement the EIR for presentation at the Planning Commission and City Council hearings.

Five Points agrees that it shall be responsible for, and shall reimburse the City for, the costs of such additional environmental review on the same terms and conditions as the preparation of the original EIR including CEQA consultant costs and preparation of a supplemental environmental analysis. Five Points further understands that it shall be responsible for reimbursing the City for all other costs for the City's review and processing of the Revised Project consistent with the manner and types of costs previously reimbursed by Five Points for the Entitlement Applications.

Five Points agrees to defend, indemnify, and hold harmless the City its officers, employees, agents and representatives, heirs, and successors from and against any and all legal challenges related to the City's approval of discretionary entitlements including in connection with the Revised Project, Entitlement Applications, and/or this Settlement Agreement Five Points also understands that standard conditions of project approval include a condition requiring that the applicant defend, indemnify, and hold harmless the City against legal challenges to the approval of discretionary entitlements including in connection with the Revised Project and/or this Settlement Agreement. Five Points has no objection to such a condition and, in the event the City Council approves the Project and the Entitlement Applications, agrees that it shall comply with the condition if a legal challenge is filed. 01005.0003/851579.1 3
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6. No Amendment of PDSA. Nothing in this Agreement is intended nor shall be construed to amend any part of the PDSA, which shall survive the execution of this Agreement and the Releases of Paragraph 8 hereto.

7. Resolution of Dispute Without Admission of Fault or Liability. The Parties agree that the terms of this Agreement shall in no way be construed to be an admission of fault or liability, whatsoever, by any Party.

8. Release and Discharge: Effective only in the event of a dismissal of the Lawsuit pursuant to Paragraph 3 above, in consideration of the mutually dependent promises and representations herein, and except for the obligations created by this Agreement, the Parties hereby waive its rights pursuant to California Civil Code section 1542 and fully release and forever discharge each other and each other's respective successors, assigns, employees, agents, representatives, and attorneys from and against any and all claims, demands, actions, causes of action, proceedings, obligations, liabilities, damages, losses, costs, and expenses of any nature whatsoever, in law or in equity, known or unknown, foreseen or unforeseen, contingent or noncontingent, that the Parties now have based upon or in any way arising out of or in connection with the City's disapproval of the original Project, the consideration of the Revised Project, and/or this Settlement Agreement. Civil Code section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HA VE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR THE RELEASED PARTY.

9. Termination of Agreement. This Agreement shall terminate in the event that the City Council declines to approve the Revised Project and Entitlement Applications at the hearing required by Paragraph 2 of this Agreement or a version of the Modified Project and Entitlement Applications substantially similar to that which is currently proposed by Five Points and is acceptable to Five Points. In such event, Five Points shall have no obligation to dismiss the Lawsuit, the Releases provided by Paragraph 5 of this Agreement shall have no force or effect, the stay of the Lawsuit shall immediately be deemed lifted, and the Parties shall have no further obligation hereunder.

10. Police Power. The City shall maintain its police powers at all times with respect to its consideration of the Revised Project and Entitlement Applications. Nothing contained in this Agreement shall be deemed to limit, restrict, amend or modify, or to constitute a waiver or release of, any valid and applicable ordinances, resolutions, notices, orders, rules, regulations, or requirements of the City, including its departments, commissions, agencies, and boards, and the officers thereof, or any of the City's duties, obligations, rights, or remedies, or the general police powers, rights, privileges, and discretion of the City in furtherance of the public health, welfare, and safety of the inhabitants thereof, including any code enforcement actions. In the event of any conflict, inconsistency, or contradiction between any terms, conditions, or provisions ofthis Agreement on the one hand, and any of the aforementioned City's rules and powers on the other hand, the provisions of the latter shall prevail and govern in each case. 01005.0003/851 579.1 4
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11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties, and their respective employees, agents, attorneys, successors, devises, executors, administrators, assigns, and insurance carriers.

12. Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the Parties hereto and recites the sole consideration of the promises and agreements contained within it. The Parties have read this Agreement and are fully aware of its contents and legal effect. It is expressly understood and agreed that this Agreement may not be altered, amended, modified, or otherwise changed in any respect except by a writing duly executed and authorized by each of the Parties.

13. Attorneys' Fees and Costs. Effective only in the event of a dismissal of the Lawsuit pursuant to Paragraph 3 above, each Party shall bear their own attorneys' fees and/or costs in connection with the Lawsuit and this Settlement Agreement.

14. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The title headings of the respective paragraphs of this Agreement are inserted for convenience only, and shall not be deemed to be part of this Agreement or considered in construing this Agreement. In the event of any dispute concerning this Agreement, the prevailing party shall be entitled to recover its court costs and attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

15. Waiver. No provision of this Agreement may be waived unless in a writing signed by each Party. Waiver of any one provision shall not be deemed to be a waiver of any other prov1s10n.

16. California Law and Venue. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Paiiies shall be governed by, and construed and enforced in accordance with, the laws of the State of California. The Parties further agree that the venue for all legal proceedings concerning this Agreement shall be in the Superior Comi of California of the County of Los Angeles.

17. Agreement Is Voluntary. The Parties acknowledge and agree that they have read this Agreement, that they fully understand their rights, privileges and duties under this Agreement and that they entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contained in this Agreement.

18. Legal Representation and Construction. Each Party acknowledges that it has been represented by counsel, or has had counsel available to it, throughout the pendency of the negotiations of this Agreement. The Parties agree that this Agreement is the product of armslength negotiations between them, and that this Agreement is executed voluntarily by each of them without being subjected to any duress or undue influence. The Parties further agree that they are to be considered mutual authors of this Agreement.

19. Authority to Execute. Each individual executing this Agreement represents and warrants that it is duly authorized to execute this Agreement and that it is binding in accordance 01005.0003/851579.l 5
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with its terms. Each Party warrants that it is the true holder of all rights and remedies which it purports to release, and that it has not assigned or transferred any of those rights or remedies to any other individuals and/or entities. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

20. Good Faith and Further Assurances. The Parties agree that they will act in good faith in abiding by the terms of this Agreement, and in carrying out the obligations of each Party set forth herein and shall not do anything to interfere with or inhibit the ability of the other Paiiy to comply with their respective obligations under the terms of this Agreement. So long as authorized by applicable laws to do so, each of the Parties to this Agreement will do such further acts and execute, acknowledge, and deliver all further documents as may be necessary to fully effectuate the provisions of this Agreement.

21. Notices. Any notice or communication required hereunder between the Parties must be in writing to the following addresses:

For Five Points:

JEFFER MANGELS BUTLER & MITCHELL LLP
Attn: Matthew D. Hinks, Esq.
1900 A venue of the Stars, 7th Floor
Los Angeles, California 90067
Email: [email protected]
For the City:

ALESHIRE & WYNDER LLP
Attn: Adrian R. Guerra, Esq., City Attorney
18881 Von Karman A venue, Suite 1700
Irvine, California 92612
Email: [email protected]
All notices must be in writing and delivered by email, mail (postage prepaid), or by a recognized courier service to the appropriate Party's address or email address set out in this Agreement.

22. Severability: If a court of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be effected.

23. Execution: This Agreement may be executed in counterparts which, when taken together, shall constitute one original agreement. An electronic or facsimile signature shall be deemed the same as, and valid as if it were, an original signature.

24. Effectiveness of Agreement. This Agreement shall be effective upon the execution of this Agreement by all Parties.
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DATED: January _ _ , 2023
DATED: January __ , 2023

APPROVED AS TO FORM
DATED: January_, 2023
DATED: January _ , 2023
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[Signatures on following page]

FIVE POINTS, LP
:~--- ----------
Name:
-------------- -
Title: ------------~

CITY OF IRWINDALE
By: ________ _____ ~
Name: ~----- -- --~
Title:
~-------------~

JEFFER MANGELS BUTLER & MITCHELL LLP
By:~---- ------- Matthew D. Hinks, Esq.

Attorneys for FIVE POINTS, LP

ALESHIRE & WYNDER LLP
By: _ __________ _ _ __ _
Adrian Guerra, Esq., City Attorney
Attorneys for CITY OF IRWINDALE
7 SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made by and between Five Points, LP, formerly known as Five Points, LLC ("Five Points"), on the one hand, and the City of Irwindale (the "City"), on the other hand. Each party individually is referred to as a "Party" and collectively they are referred to as the "Parties."

B. M&A assigned its interest in the PSDA to Five Points prior to the close of escrow.

D. The City prepared an Environmental Impact Report ("EIR"), SCH #2018121056, to analyze the environmental impacts of the Project under CEQA.

G. On January 12, 2022, Five Points filed suit against the City in Los Angeles County Superior Court, Case No. 22STCV01394, alleging various claims arising out the facts set forth in Recitals A-F (the "Lawsuit").

H. The Lawsuit remains pending. The trial date was continued to November 27, 2023 pursuant to the Parties' stipulation filed in the Lawsuit to facilitate the settlement procedures set forth in this Agreement.
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I. As part of settlement discussions, Five Points has designed and proposed a revised version of the Project that reduces the square footage of the proposed structure to 495,000 square feet and includes additional features to address concerns raised during prior City hearings (the "Revised Project").

1. Continuance of Trial Date and Stay of Lawsuit: The Parties filed a Stipulation and [Proposed] Order to stay all proceedings and deadlines in the Lawsuit and continue the trial date to November 27, 2023 to facilitate the City hearings contemplated by this Agreement. The City has reserved March 27, 2023, for the continued demuner hearing and will continue the hearing date further as needed to accommodate the hearings contemplated by this Agreement.

The City cannot promise or guarantee any general or particular outcome of the hearings or final decision on the Revised Project and Entitlement Applications, which are within the discretion of the Planning Commission and City Council, including in accordance with the PSDA and applicable law. Nothing herein shall commit the City Council to any specific discretionary decision.

In order for the City to consider the Revised Project per the schedule set forth in this Agreement, Five Points agrees that it will deliver to the City in a reasonable time period the following for the Revised Project: (1) ten sets of conceptual plans, size 11" x 17" in addition to one set of full size (24" x 36") plan set, to include the site plan, floor plan, elevations, landscaping; (2) an additional site plan that includes the surrounding land uses - not just labels - but drawing the areas (the purpose of which is to provide a visual setting of the project within the area); (3) color set of documents for the meetings. Five Points further agrees that it will submit plans directly to Los Angeles County Fire Department via EPIC LA necessary for the Revised 01005.0003/851579.l 2
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Project, as well as provide to the City a 500" Radius map and property owner labels (2 sets) for mailing.

3. Dismissal of the Lawsuit with Prejudice: In the event that the City Council approves at the hearing required by Paragraph 2 of this Agreement the Revised Project and Entitlement Applications, or a version of the Revised Project and Entitlement Applications substantially similar to that which is currently proposed by Five Points and is acceptable to Five Points, Five Points agrees that it shall file a dismissal of the Lawsuit with prejudice within five business days of the adoption by the City Council of a binding and final Resolution approving the Entitlement Applications.

4. Community Outreach Meeting. Five Points agrees that it shall hold one community outreach meeting to present the Modified Project prior to the City Council hearing required by Paragraph 2 ofthis Agreement. Five Points agrees to provide at the Community Outreach Meeting an information sheet listing the differences between the original site plan and the reduced size of the project.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HA VE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR THE RELEASED PARTY.

10. Police Power. The City shall maintain its police powers at all times with respect to its consideration of the Revised Project and Entitlement Applications. Nothing contained in this Agreement shall be deemed to limit, restrict, amend or modify, or to constitute a waiver or release of, any valid and applicable ordinances, resolutions, notices, orders, rules, regulations, or requirements of the City, including its departments, commissions, agencies, and boards, and the officers thereof, or any of the City's duties, obligations, rights, or remedies, or the general police powers, rights, privileges, and discretion of the City in furtherance of the public health, welfare, and safety of the inhabitants thereof, including any code enforcement actions. In the event of any conflict, inconsistency, or contradiction between any terms, conditions, or provisions of this Agreement on the one hand, and any of the aforementioned City's rules and powers on the other hand, the provisions of the latter shall prevail and govern in each case.

12. Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the Parties hereto and recites the sole consideration of the promises and agreements contained within it. The Parties have read this Agreement and are fully aware of its 0 I 005.0003/851579.1 4
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contents and legal effect. It is expressly understood and agreed that this Agreement may not be altered, amended, modified, or otherwise changed in any respect except by a writing duly executed and authorized by each of the Parties.

14. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The title headings of the respective paragraphs of this Agreement are inserted for convenience only, and shall not be deemed to be part ofthis Agreement or considered in construing this Agreement. In the event of any dispute concerning this Agreement, the prevailing party shall be entitled to recover its court costs and attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

15. Waiver. No provision of this Agreement may be waived unless in a writing signed by each Party. Waiver of any one provision shall not be deemed to be a waiver of any other prov1s1on.

16. California Law and Venue. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. The Parties further agree that the venue for all legal proceedings concerning this Agreement shall be in the Superior Court of California of the County of Los Angeles.

19. Authority to Execute. Each individual executing this Agreement represents and warrants that it is duly authorized to execute this Agreement and that it is binding in accordance with its terms. Each Party warrants that it is the true holder of all rights and remedies which it purpo1ts to release, and that it has not assigned or transferred any of those rights or remedies to any other individuals and/or entities. Further, by entering into this Agreement, neither Paity hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon. 01005.0003/851579.1 5
7092459lvl

20. Good Faith and Further Assurances. The Parties agree that they will act in good faith in abiding by the terms of this Agreement, and in canying out the obligations of each Paity set forth herein and shall not do anything to interfere with or inhibit the ability of the other Party to comply with their respective obligations under the terms of this Agreement. So long as authorized by applicable laws to do so, each of the Parties to this Agreement will do such further acts and execute, acknowledge, and deliver all further documents as may be necessary to fully effectuate the provisions of this Agreement.

21. Notices. Any notice or communication required hereunder between the Parties must be in writing to the following addresses:

For Five Points:

JEFFER MANGELS BUTLER & MITCHELL LLP
Attn: Matthew D. Hinks, Esq.
1900 A venue of the Stars, 7th Floor
Los Angeles, California 90067
Email: [email protected]
For the City:

ALESHIRE & WYNDER LLP
Attn: Adrian R. Guena, Esq., City Attorney
18881 Von Kannan A venue, Suite 1700
Irvine, California 92612
Email: [email protected]
All notices must be in writing and delivered by email, mail (postage prepaid), or by a recognized courier service to the appropriate Party's address or email address set out in this Agreement.

24. Effectiveness of Agreement. This Agreement shall be effective upon the execution of this Agreement by all Parties.
[Signatures on following page]
DATED: January __ , 2023 FIVE POINTS, LP
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DATED: January __ , 2023

APPROVED AS TO FORM
DATED: January _ , 2023
DATED: January _ , 2023
0 I 005.0003/851579. l
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Name: ------ ------- - -
Title: ---------------

CITY OF IRWINDALE
By: _______________ _
Name: ---------------
Title:
- --- -----------

JEFFER MANGELS BUTLER & MITCHELL LLP
By: _______________ _
Matthew D. Hinks, Esq.

Attorneys for FIVE POINTS, LP

ALESHIRE & WYNDER LLP
By: _ _____________ _ _
Adrian Guena, Esq., City Attorney
Attorneys for CITY OF IRWINDALE
7 0City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: January 25, 2023
atyef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 2C
Issue: Request to approve Amendment No. 3 to the professional consulting contract with De Novo Planning Group for the preparation of additional air quality analysis for the Environmental Impact Report for the construction of a ±495,000 square-foot concrete tilt-up building and associated parking at 5175 Vincent Avenue [APNS: 8417-034-015 and 8417-034-016 as per the 2018 Assessor's Parcel Map. (Formerly APNS: 8417-034-904, 8417-034-910, 8417-034-911)].

City Manager's Recommendation:
1) Approve the attached contract amendment No. 3 with De Novo Planning Group for the preparation of additional air quality analysis for the proposed project at 5175 Vincent Avenue. This analysis is being prepared as part of the Environmental Impact Report.

Administrative Action:

Submitted & Prepared by:

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

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

Julian A. Miranda, City Manager
Background and Analysis:

Page 1 ends

On March 28, 2018, the City Council approved a professional consulting contract with De Novo Planning Group to prepare an Initial Study and Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) for a proposed project at 5175 Vincent Avenue. An MND was prepared for the project. Staff received comments from several agencies. Staff and the consultant carefully considered the comments received and determined that an EIR should be prepared for the project.

The original contract amount was $144,545.00 to cover the cost for preparation of an EIR.

Upon the decision that an EIR should be prepared for the project, it was determined that the scope of work needed to be revised and on April 24, 2019, the City Council approved Amendment No. 1 to the original professional consulting contract with De Novo Planning Group for a budget increase of $56,900.00 for a contract total of $201,445.00 to complete the preparation of the EIR. Additional analyses included an update to the traffic study with an expanded traffic impact analysis and detailed alternatives analysis.

On April 22, 2020, the City Council approved Amendment No. 2 to the professional consulting contract with De Novo Planning Group for a budget increase of $24,900 for a contract total of $226,345. The increase was required as a result of the updated CEQA guidelines pertaining to traffic analysis. The preparation of a Vehicle Miles Traveled (VMT) Impact Assessment was prepared in addition to Level of Service (LOS) analysis.

The applicant has been working with City staff and has designed and proposed a revised version of the Project that reduces the square footage of the proposed building to 495,000 square feet and includes additional features to address concerns raised during prior City hearings. Amendment No. 3 with De Novo Planning Group will reanalyze air quality implications and update the Final EIR. The cost for the analysis is $45,450, bringing the cumulative contract total to $271,795.00.

Fiscal Impact:

The entire cost for this consultant work will be covered by the Applicant/Developer. There will be no impact on the City's budget.

Attachment:

A - Contract Amendment No. 3 for services with De Novo Planning Group

Page 2 ends

ATTACHMENT "A"
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT FOR

ENVIRONMENTAL CONSUL TING

BETWEEN THE CITY OF IRWINDALE AND DE NOVO PLANNING GROUP THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 25th day of January 2023 by and between the City of Irwindale, a California municipal corporation ("City") and De Novo Planning Group ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, on or about March 28, 2018, the City and Consultant entered into that certain Contract Services Agreement for environmental consulting services ("Agreement") for the preparation of an Initial Study and subsequent environmental document required to process; and
WHEREAS, pursuant to the City of lrwindale's Municipal Code, City has authority to enter into and execute this Agreement; and
WHEREAS, on or about April 15, 2019, Consultant requested an additional increase in the contract sum of fifty-six thousand nine hundred dollars ($56,900.00) to pay for additional analyses to be included in the preparation of a Draft and Final Environmental Impact Report (EIR). These analyses included an update to the traffic study with an expanded traffic impact analysis and detailed alternatives analysis; and WHEREAS, on or about April 24, 2019, the City and the Consultant amended the Agreement to increase the contract sum by the aforementioned $56,900.00 to allow for the timely completion of the Draft EIR and specify the additional duties to be performed by Consultant.

WHEREAS, on or about March 25, 2020, the Consultant requested an additional increase in the contract sum of twenty-four thousand nine hundred dollars ($24,900.00) to pay for the preparation of a Vehicle Miles Traveled (VMT) Impact Assessment for compliance with recently updated CEQA guidelines that require VMT as the primary metric for transportation impact analysis by July 1, 2020. This analysis was prepared as part of the Environmental Impact Report.

WHEREAS, on or about April 22, 2020, the City and the Consultant amended the Agreement to increase the contract sum by the aforementioned $24,900.00 to allow for the timely preparation and completion of the VMT analysis.

WHEREAS, on or about October 13, 2021, the City Council voted to deny the Project and not certify the Final EIR prepared by the Consultant due to impacts associated with Air Quality emissions;
01005.0005/851742.l
WHEREAS, the Applicant for the Project (Five Points) has filed a lawsuit against the City, and in settlement discussions, they have considered an option to reduce the square footage of the industrial building and add enhanced mitigation measures to reduce the Air Quality emissions of the Project;
WHEREAS, the City has requested that the Consultant reanalyze Air Quality emissions based on the reduced square footage of the industrial building and based on additional enhanced mitigation measures, for a total cost of $45,450.00.

WHEREAS, the City and the Consultant wish to amend the Agreement to increase the contract sum by the aforementioned $45,450.00 to allow for the timely preparation and completion of the revised Final EIR, and to modify the agreement language to limit the Consultant's indemnity to technical analysis performed.

WHEREAS, the payment obligation for the aforementioned amount is addressed in the Settlement Agreement between Five Points and City of Irwindale.

NOW, THEREFORE, the parties hereto agree as follows:

1. Section 2. 1 of the Agreement entitled "Compensation and Method of Payment" shall be amended in its entirety to increase the Contract Sum by $45,450.00 to read as follows:

2. 1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation/Budget" attached hereto as Exhibit "B" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed TWO HUNDRED AND SEVENTY ONE THOUSAND SEVEN HUNDRED AND NINETY FIVE DOLLARS ($271,795.00.) (the "Contract Sum"), for the completion of a Final EIR, unless additional compensation is approved pursuant to Section 1 .9.

2. Section 3.4 of the Agreement entitled "Term" shall be amended in its entirety to read as follows:
"3.4 Term. Unless earlier terminated in accordance with Article 7, "Enforcement of Agreement and Termination" of the contract, this Agreement shall continue in full force and effect until completion of the services but not to exceed August 1, 2023.

3. Exhibit "A" of the Agreement entitled "Scope of Services" shall be supplemented to include the Scope of Services and Budget Amendment contained in Exhibit "A" hereto.

4. Exhibit "B" of the Agreement entitled "Schedule of Compensation" shall be supplemented to include the Budget Amendment contained in Exhibit "B" hereto.

5. . Exhibit "C" of the Agreement entitled "Schedule of Performance" shall be supplemented to include the Schedule of Performance contained in Exhibit "C" hereto. - 2 - 01005.0005/851742.1

6. Article 5, Section 5.4 of the Agreement entitled "Indemnification" shall be amended to add Subsection (c) as follows:

5.4 Indemnification.
(cl Indemnity from any Liability. Consultant's indemnity under Section 5.4 (a) and (b) shall not extend to procedural or scheduling decisions made by the City as the lead agency.

7. Full Force and Effect. Except as expressly modified herein all other provisions of the Agreement shall remain unmodified and in full force and effect.

8. Corporate Authority. The person executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
- 3 - 0 l 005.0005/851742. l
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

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

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

CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
CONSUL TANT:

De Novo Planning Group
180 E. Main Street, Suite 108
Tustin, CA 92780
By: ____________ _
Name:

Title:

Ben Ritchie, Principal
President
By: ____________ _
Name: Steve McMurtry, Principal
Title: Chief Financial Officer
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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01005.0005/851742.1
EXHIBIT "A"

SCOPE OF SERVICES
Proposal Dated January 19, 2023
Scope of Work and Approach
TASK 1 - PROJECT {NIT/AT/ON
Within one week of project commencement, the De Novo team will hold a conference call with City Staff to discuss the following:
• Define the Enhanced Mitigation Measures
• Define the updated Project/Alternative and other proposed revisions; • Refinement of project work scope and schedule,
TASK 2 UPDATED HEALTH RISK ASSESSMENT (HRA)
We will update the existing HRA to reflect the enhanced mitigation measures and any updates to the Project/Alternative. The objective of the HRA is to determine the public health risks from existing emissions from nearby rail and other toxic air sources, combined with the new public health risks from project-related traffic. The HRA consists of two main tasks: 1.

Exposure Assessment, and 2. Risk Calculations. This section will provide an analysis including the methodology, thresholds of significance, a consistency analysis, cumulative impact analysis, and a discussion of feasible mitigation measures that should be implemented to reduce impacts on air quality.

TASK 3 UPDATE AIR QUALITY ANALYSIS
The previous analysis included extensive coordination with the APCD. Our intention is to update the existing model to reflect the enhanced mitigation measures and any updates to the Project/Alternative. We do not intend to perform coordination with the APCD on the enhanced mitigation measures, as it is presumed that they would be agreeable to improvements to the project to reduce air emissions. However, at the City's request we can take the additional time to coordinate these updates with the APCD prior to publication. The previous analysis was presented as an EIR Section, as opposed to a standalone report. As such, we will update the AQ Section of the EIR in track changes which can be incorporated into an El R errata.

TASK 4 UPDATED ADMINISTRATIVE FINAL E/R
We intend to update the Final EIR that was previously prepared by De Novo. Below is a discussion of the updates.

Section 1.0 Introduction: This would include updates to Section 1.0 Introduction to provide a background summary of the hearing process at Planning Commission and City Council, including their concerns over the Air Quality emissions generated from the proposed Project.

We will describe the desire of the City and Applicant to respond to the Planning Commission and City Council's concerns in the updated Final EIR by incorporated enhanced mitigation to reduce air emissions.

Section 2.0 Response to Comments: We will include updates to Section 2.0 Response to Comments that will incorporate the Planning Commission and City Council's comments - 5 - 01005.0005/851742.1
related to Air Quality impacts. Here we will present mitigation enhancements that are intended to reduce air quality impacts. We will discuss the results of the Updated HRA and Air Quality Analysis.

Section 3.0 Errata: We will include updates to Section 3.0 Errata that will include track change revisions to the Air Quality Chapter, as well as tracked change revisions to the HRA included as an appendix to the Draft EIR.

Section 4.0 Mitigation Monitoring and Reporting Program: We will include updates to Section 4.0 MMRP to reflect any changes to mitigation measures as a result of the enhanced mitigation.

Deliverables:
• Updated Administrative Final EIR, inclusive of the Task 2 and 3 documents (One electronic copy)
TASK 5 UPDATED PUBLIC FINAL EIR
Comments received from City staff regarding the Updated Administrative Final EIR will be incorporated into the Final EIR for public circulation. De Novo will generate a "Screen-check" Final EIR for a final staff review before we finalize the document for public review. After the document is finalized, we will deliver an electronic copy of the document to the City for distribution and production of any hard copies that the City may desire.

Deliverables:
• Updated Final EIR (One electronic copy)
TASK 6 UPDATED FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS De Novo will update the existing Findings of Fact and Statement of Overriding Considerations to reflect the enhanced mitigation and updated analysis update the Air Quality topic.

Deliverables:
• Updated Findings of Fact/Statement of Overriding Considerations (One electronic copy)
TASK 7 NOTICE OF DETERMINATION
If the City Council approves the proposed Project and certifies the EIR, De Novo will prepare a Notice of Determination for filing with the State Clearinghouse. The City will be responsible for paying the CDFW filing fee and the Clerk fee and filing the NOD at the County Clerk.

Deliverables:
• Notice of Determination (One electronic copy)
OPTIONAL TASK-Attendance at Planning Commission/City Council Meetings As an optional task we can attend public hearings at the Planning Commission and one with City Council. The cost of attendance will vary depending on whether we are requested to be present in person or via Zoom.
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01005.0005/851742.1
EXHIBIT "B"

SCHEDULE OF COMPENSATION/BUDGET
Cost and Fee
McMurtry Smith DeNovo Direct .

Admin
Task Task Project -Senior GIS Costs Totals Manager Planoer .. # Descrl.ution , ,, ,, .. $175 $195 ' $125 .
1 Project Initiation

1.1 Define Enhanced Mitigation, 0.5 0.5 updated Project

1.2 Call with City /Refine 0.5 0.5 scope/ schedule
Subtotal 1.0 0.0 0.0 1.0
Task 1 $175.00 $- $- $- $175.00
2 UpdateHRA

2.1 HRA Update 8.0 75.0 83.0
Subtotal 8.0 75.0 0.0 83.0
Task2 $1,400.00 $14,625.00 $- $- $16,025
3 Update Air Quality Analvsis

3.1 AQ Analysis Update 8.0 28.0 36.0
Subtotal 8.0 28.0 0.0 36.0
Task3 $1,400.00 $ 5,460.00 $- $- $6,860
4 Updated Admin Final EIR

4.1 Prepare Admin FEIR 18.0 28.0 8.0 54.0
Subtotal 18.0 28.0 8.0 54.0
Task4 $ 3,150.00 $ 5,460.00 $1,000.00 $- $9,610
5 Updated Public Final EIR

5.1 Document 6.0 10.0 2.0 18.0 Revisions/Screencheck

5.2 Document Preparation 4.0 2.0 1.0 7.0
Subtotal 10.0 12.0 3.0 25.0
Tasks $1,750.00 $ 2,340.00 $ 375.00 $- $4,465
6 Updated FOF/SOC

6.1 Prepare Admin FOF /SOC 2.0 2.0 4.0

6.2 Document Revisions 1.0 1.0 2.0
Subtotal 3.0 3.0 0.0 6.0
Task 6 $ 525.00 $ 585.00 $- $- $1,110.00
7 NOD

7.1 Planning Commission 16.0 $ 200.00 16.0 Hearings (2 in person)

7.2 City Council Hearings (2 in 16.0 $200.00 16.0 person)

7.3 Prepare NOD 0.5 0.5 1.0
Subtotal 32.5 0.5 0.0 33.0
Task 7 $ 5,687.50 $ 97.50 $- $ 400.00 $ 6,185.00
8 Administration/Management

8.1 Admin/Management 4.0 1.0 1.0 6.0
Subtotal 4.0 1.0 1.0 6.0
Task 7 $ 700.00 $195.00 $125.00 $- $1,020.00
Project Totals
Project Hours 84.5 147.5 12.0 244.0
Project Cost $14,787.50 $ 28,762.50 $1,500.00 $ 400.00 $ 45,450.00 - 7 - 01005.00051851742.1
EXHIBIT "C"

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated January 19, 2023

1. Schedule
Task 1 - Project Initiation
Define Enhanced Mitigation, updated 2 19-Jon-23 Project Coll with City/Refine scope/schedule 1 21-Jon-23
Task 2 - Updated HRA
HRA Update 24 22-Jan-23
Task 3 - Update Air Quality Analysis
AQ Analysis Update 24 22-Jan-23
Task 4 - Updated Admin Final EIR
Prepare Adm in FEIR 7 15-Feb-23
City Staff Administrative Review 1 22-Feb-23
Task 5 - Updated Public Final EIR
Prepare Screencheck FEIR 6 23-Feb-23
City Staff Administrative Review 1 1-Mor-23
Prepare Public FEIR 3 2-Mar-23
City Public Release of FEIR 5-Mar-23
Task 6- Updated FOF/SOC
Prepare Adm in FOF/SOC 6 23-Feb-23
City Staff Administrative Review 1 1-Mar-23
Prepare Public FOF/SOC 3 2-Mar-23
City Public Release of FOF/SOC 5-Mar-23
Task 7 - Notice of Determination
Planning Commission 10 15-Mar-23
City Council TBD TBD
File NOD with SCH/County Clerk TBD TBD
- 8 - 01005.0005/851742.1
21-Jon-23
22-Jan-23
15-Feb-23
15-Feb-23
22-Feb-23
23-Feb-23
1-Mar-23
2-Mar-23
5-Mar-23
5-Mar-23
1-Mar-23
2-Mar-23
5-Mar-23
5-Mar-23
15-Mar-23
TBD
TBD

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
SA Item iAZ DE1 EMBER 14, 2022

WEDNESDAY
8:53 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
ITEM NO. 1C

RESOLUTION

APPROVING A ROPS

AND ADMINISTRATIVE
BUDGET
RESOLUTION NO.

SA 2022-124-3374

ADOPTED

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

Present: Julian A. Miranda, City Manager; Adrian Guerra, 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 Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Special Joint Meeting held November 9, 2022
2) Regular meeting held November 9, 2022
3) Special Joint Meeting held November 17, 2022

WARRANTS
The warrants were approved.

CONSIDERATION OF RESOLUTION NO. SA 2022-124-3374 OF

THE CITY OF IRWINDALE AS SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

APPROVING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE AND ADMINISTRATIVE BUDGET FOR JULY 1, 2023,
THROUGH JUNE 30, 2024
Resolution No. SA 2022-124-3374, entitled:
"A RESOLUTION OF THE CITY OF IRWINDALE AS SUCCESSOR

AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT

AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT

SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE TWELVE-

SUCCESSOR AGENCY MINUTES

REGULAR MEETING
DECEMBER 14, 2022
PAGE2
MONTH FISCAL PERIOD BEGINNING JULY 1, 2023, AND ENDING
JUNE 30, 2024," was adopted.

END OF CONSENT CALENDAR

NEW BUSINESS

PUBLIC HEARINGS

ADJOURNMENT
None.

None.

There being no further business to conduct, the meeting was adjourned at 8:54 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
78688 ROSENO
Vendor Name
Rosenow Spevacek Group Inc
SA Item 18
Check Date
12/15/2022
Report Total (l checks):

Check Amount

50.00 50.00
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Check No Vendor No
78825 USBANK03
Vendor Name
US Bank Trust N.A.

IRWINDALE
Check Date
01/12/2023
Report Total (I checks):

Check Amount
4,235.00
4,235.00

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
HA Item 1A2 DECEMBER 14, 2022

WEDNESDAY
8:54 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

DENA ZEPEDA

CHAIR ORTIZ

CONSENT CALENDAR
MOTION
ITEM N0.1A

MINUTES
ITEM NO. 1B

IRWINDALE HOUSING

AUTHORITY ANNUAL

REPORT FOR FY

Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz Also present: Julian A. Miranda, Executive Director; Adrian Guerra, 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
Responding to several questions by Dena Zepeda, Housing Coordinator Lopez provided a brief update on the status of the processing of the applications received for the vacant "Las Casitas" senior apartments. He noted that staff is providing seniors with ample time to submit any pending documentation, and that staff anticipates awarding the vacant apartments around February or March.

Chair Ortiz requested that staff try to expedite the process, to which Coordinator Lopez stated that staff is moving forward as quickly as possible, while simultaneously looking out for the best interests of the applicants.

A motion was made by Board Member Breceda, seconded by Board Member Garcia, to approve Consent Calendar. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Regular meeting held August 25, 2021
2) Special Joint Meeting held November 9, 2022

IRWINDALE HOUSING AUTHORITY ANNUAL REPORT FOR
FISCAL YEAR (FY) 2021-2022

HOUSING AUTHORITY MINUTES

REGULAR MEETING
DECEMBER 14, 2022
PAGE2
2021-2022

NEW BUSINESS

PUBLIC HEARINGS

ADJOURNMENT
The FY 2021-2022 Irwindale Housing Authority Annual Report was received and filed and the Board directed that such report be filed with the City of Irwindale City Clerk's Office and the Department of Housing and Community Development.

None.

There being no further business to conduct, the meeting was adjourned at 8:58 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary

Irwindale City CouncilJanuary 25, 2023

Irwindale City Council
January 25, 2023