Agenda — Irwindale City Council, February 8, 2023 (part 1 of 2)

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

NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
FEBRUARY 8, 2023
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. Resolution No. 2023‐05‐3383 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

H. MANUEL ORTIZ
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
Councilmember
LARRY G. BURROLA
councilmember

MANUEL R. GARCIA
Councilmember
February 8, 2023

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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 and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website:
https://www.irwindaleca.gov/DocumentCenter/View/8075/AB‐2449‐Reasonable‐Accommodation‐Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430‐2200. 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).

February 8, 2023

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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

February 8, 2023

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SPECIAL MEETING– 5:30 P.M.

A. CALL TO ORDER
B. ROLL CALL: Councilmembers: Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

C. CONSENT CALENDAR

1. A Resolution to Re‐Ratify the Existence of a Local Emergency and Authorize Remote Meetings of the Legislative Bodies of the City of Irwindale for the Period Beginning February 8, 2023 through February 28, 2023
Department: Administration / City Clerk
Recommendation: Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2023‐10‐3388, Resolution No. SA 2023‐11‐3389, and Resolution No.

HA 2023‐02‐133 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 PERIOD BEGINNING FEBRUARY 8, 2023 THROUGH FEBRUARY 28, 2023 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361”.

D. RECESS TO CLOSED SESSION

1. Conference with Legal Counsel – Existing Litigation Pursuant to California Government Code Section 54956.9
A) Name of Case: Five Points, LP vs. City of Irwindale Case Number: 22STCV01394
B) Name of Case: Mariela Isabel Avila vs. City of Irwindale Case Number: 23STCV0093
February 8, 2023

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E. RECONVENE IN OPEN SESSION
F. REPORT FROM CLOSED SESSION
G. ADJOURNMENT
OPEN SESSION – 6:30 P.M.

A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances E. ROLL CALL: Councilmembers: Mark A. Breceda, Larry G. Burrola , Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
F. CHANGES TO THE AGENDA
G. COUNCIL MEMBER TRAVEL REPORTS
H. COUNCILMEMBER COMMENTS
I. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
Introduction of Police Services Specialist – Lisa Amaya J. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
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 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:

February 8, 2023

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Tier 1:  In‐person attendees
Tier 2:  Teleconference attendees
Tier 3:  In‐person attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
Tier 4: Teleconference attendees who have not previously provide comments on the matter(s) being discussed by the legislative body

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

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

1. Special Joint Meeting held January 11, 2023

2. Regular Meeting held January 11, 2023

3.  Special Meeting held January 12, 2023
B. Warrants/Demands/Payroll
Department:  Finance
Recommendation: Approve
C. Acceptance of Citywide Residential Curb Address Painting Project Department:  Public Services
Recommendation:  (1) Accept the Citywide Residential Curb Address Painting Project; (2) approve the final project amount of $2,828; and (3) authorize the City Clerk to record the Notice of Completion.

D. Approval of Memorandums of Understanding with all Employee Groups Recommendation: (1) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale City Employees Association (ICEA) July 1, 2021 – June 30, 2024; and (2) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Management Employees Association (IMEA) July 1, 2021 – June 30, 2024; and (3) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Police Officers’ Association (IPOA) July 1, 2020 – June 30, 2024.

February 8, 2023

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E. Rejection of Claim – Herman David Bravo, a minor against City of Irwindale Department: Administration
Recommendation: (1) Reject the claim of Herman David Bravo, a minor against the City of Irwindale; and (2) Direct staff to send a letter of rejection.

F. Rejection of Claim – Mariela Avila against City of Irwindale Department: Administration
Recommendation: (1) Reject the claim of Mariela Avila against the City of Irwindale; and (2) Direct staff to send a letter of rejection.

G. Rejection of Claim – Robert Avila against City of Irwindale Department: Administration
Recommendation: (1) Reject the claim of Robert Avila against the City of Irwindale; and (2) Direct staff to send a letter of rejection.

H. Proposed Internal Office Clean‐Up Day
Department: Administration
Recommendation: Approve the annual closure of some City facilities on the second Monday of October (Indigenous Peoples’ Day) for an internal clean‐up day, and authorize the City Manager to implement said closure.

I. Declaration of Surplus Equipment
Department: Administration / IT
Recommendation: Adopt Resolution No. 2023‐14‐3392 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DECLARING CERTAIN PROPERTY SURPLUS, FINDING THAT THE PROPERTY HAS NOMINAL OR NO RE‐SALE VALUE AND IS THEREFORE EXEMPT FROM THE REQUIREMENTS OF IRWINDALE MUNICIPAL CODE SECTION 3.44.150, AND AUTHORIZING THE CITY MANAGER TO PROVIDE FOR THE IMMEDIATE DISPOSITION OF SAID PROPERTY”.

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

A. Annual Comprehensive Financial Report (Joint with Successor Agency and Housing Authority)
Department: Finance
Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.

February 8, 2023

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B. Adopt Resolution No. 2023‐12‐3390 Appointing a Resident Representative to the Irwindale Community Foundation for a Term Expiring June 30, 2024 Department:  Administration
Recommendation:  Adopt Resolution No. 2023‐12‐3390 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING A RESIDENT REPRESENTATIVE MEMBER TO THE IRWINDALE COMMUNITY FOUNDATION FOR A TERM EXPIRING JUNE 30, 2024.”
C. Veterans Monument Ad Hoc Committee Update
Department:  Administration
Recommendation: (1) Receive an update from the Veterans Monument Ad Hoc Committee; and (2) Discuss and provide direction regarding display of flags at the Veterans Monument.

D. Consideration of Resolution Appointing Interim Director of Engineering / Building Official for a Limited Duration of Time Under Government Code Sections 7522.56(c) and 21221(h) Department: Human Resources
Recommendation: Adopt Resolution No. 2023‐13‐3391 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE APPOINTMENT OF AN INTERIM DIRECTOR OF ENGINEERING/BUILDING OFFICIAL FOR A LIMITED DURATION UNDER GOVERNMENT CODE SECTIONS 7522.56(C) AND 21221(H).” E. Regulation of Unmanned Aircraft Systems (UAS)/Drones Department: City Attorney
Recommendation: Discuss and provide direction regarding regulation of Unmanned Aircraft Systems (UAS)/Drones.

F. Adoption of the 2023 Legislative Platform
Department: Administration
Recommendation: Approve the 2023‐2024 Legislative Platform.

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

4. CITY MANAGER’S REPORT

5. AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS

6. ADJOURN
February 8, 2023

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SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances 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. Special Joint meeting held January 11, 2023

2. Regular meeting held January 11, 2023
B. Warrants
Department: Finance
None for Approval

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

A. Annual Comprehensive Financial Report (Joint with Successor Agency and Housing Authority)
Department: Finance
Recommendation: Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.

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

4. ADJOURN

February 8, 2023

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HOUSING AUTHORITY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances 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:

1. Special Joint Meeting held January 11, 2023

2. Regular Meeting held January 11, 2023

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

A. Annual Comprehensive Financial Report (Joint with City Council and Successor Agency) Department: Finance
Recommendation: Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.

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

3. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency and Housing Authority, to be held on February 8, 2023, be posted at the City Hall, Library, and Post Office on February 3, 2023.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
ISi City Council
0Successor Agency
ISi Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cityef

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
ASP Item C-1
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager/Executive Director Issue:

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 Period Beginning February 8, 2023 through February 28, 2023 City Manager/Executive Director's Recommendation:

Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2023-10-3388, Resolution No. SA 2023-11-3389, and Resolution No.

HA 2023-02-133 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 PERIOD BEGINNING FEBRUARY 8, 2023 THROUGH FEBRUARY 28, 2023 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361".

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
/); (~l (
\;;VUJ~>eL_~
;JLw )1k/o I ' "--_)
Electronically Approved
Julian A. Miranda, City Manager I Executive Director p II -~

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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 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. The City Council, Successor Agency, and Housing Authority (collectively, "City'') have reviewed and adopted joint resolutions every month, ratifying the existence of a local emergency and authorizing remote hybrid meetings for all legislative bodies.

The State of California has implemented a phased rollback of the executive orders that were implemented due to COVID-19. Various remaining orders that were previously set to expire on June 30, 2022, were extended on June 17, 2022 for the duration of the state of emergency. The State's declared emergency will end on February 28, 2023. 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 period beginning February 8, 2023 through February 28, 2023 is estimated to be approximately $900.

Attachment:

1. Joint Resolution No. 2023-10-3388, Resolution No. SA 2023-11-3389, and Resolution No. HA 2023-02-133
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RESOLUTION NO. 2023-10-3388
RESOLUTION NO. SA 2023-11-3389
RESOLUTION NO. HA 2023-02-133

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 PERIOD BEGINNING FEBRUARY 8, 2023 THROUGH FEBRUARY 28, 2023 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 01005.00011855603.1
RESOLUTION NO. 2023-10-3388
RESOLUTION NO. SA 2023-11-3389
RESOLUTION NO. HA 2023-02-133

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participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2020, 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 Uoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Uoint Resolution No. 2021-100-3312, Resolution No. SA2021-101-3313 and Resolution No. HA2021-07-106), December 8, 2021 Uoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- RESOLUTION NO. 2023-10-338
RESOLUTION NO. SA 2023-11-3389
RESOLUTION NO. HA 2023-02-133

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3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Uoint Resolution No. 2022-02-3251, Resolution No. SA 2022-03-3252 and Resolution No. HA 2022-01-111), February 9, 2022 Uoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), March 9, 2022 Uoint Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028), April 13, 2022 Uoint Resolution No. 2022-30-3280, Resolution No. SA 2022-31-3281 and Resolution No. HA 2022-06-116), May 11, 2022 Uoint Resolution No. 2022-45-3295, Resolution No. SA 2022-46-3296 and Resolution No. HA 2022-10-120), June 8, 2022 Uoint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123, and Resolution No.

RA 2022-06-033); July 13, 2022 (Resolution No. 2022-68-3318, Resolution No. SA 2022- 69-3319 and Resolution No. HA 2022-14-124), 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), 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 ), October 12, 2022 (Resolution No. 2022-97-3347, Resolution No. SA 2022-98-3348 and Resolution No. HA 2022-19-129), November 9, 2022 (Resolution No. 2022-105- 3355, Resolution No. SA 2022-106-3356, and Resolution No. HA 2022-20-130); December 14, 2022 (Resolution No. 2022-112-3362, Resolution No. SA 2022-113-3363, Resolution No. HA 2022-21-131 and Resolution No. RA 2022-08-035); January 11, 2023 (Resolution No. 2023-05-3383, Resolution No. SA 2023-06-3384 and Resolution No. HA 2023-02-132) 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. 01005.0001/855603.1
RESOLUTION NO. 2023-10-3388
RESOLUTION NO. SA 2023-11-3389
RESOLUTION NO. HA 2023-02-133

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

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council, Successor Agency Board, and Housing Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, and Irwindale Housing Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953(e). As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements, allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inRESOLUTION NO. 2023-10-338 RESOLUTION NO. SA 2023-11-3389
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person shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

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

SECTION 6. Pursuantto 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 February 8, 2023 and shall be effective until the earlier of (i) February 28, 2023, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b )(3).

PASSED, APPROVED AND ADOPTED this 81h day of February 2023. 01005.0001/855603.1
H. Manuel Ortiz, Mayor/Chair
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ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
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. 2023-10-3388, Resolution No. SA 2023-11-3389, and Resolution No. HA 2023-02- 133 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 81h day of February 2023, by the following vote:

AYES: Councilmembers/Agency Members:

NOES: Councilmembers/Agency Members:

ABSTAIN: Councilmembers/Agency Members:

ABSENT: Councilmembers/Agency Members:

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Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 202 L]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the time lines 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 commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

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

Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 RESOLUTION NO. 2023-10-3388
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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

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

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

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

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.

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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other on line 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 acconunodation 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 othetwise 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 RESOLUTION NO. 2023-10-3388
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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 Govermnent 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 RESOLUTION NO. 2023-10-338
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the follo\ving requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
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(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes othe!Wise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) fueach instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of 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) Tiris 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:
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54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with alI otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions C.ode, 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 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 circwnstances:
(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 pui:pose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B ), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 RESOLUTION NO. 2023-10-3388
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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) Jn the event ofa disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

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(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph(A), (B), or (C) of paragraph (1 ), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3. 1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in 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 of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otheiwise 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 RESOLUTION NO. 2023-10-3388
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, tluough 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 351L1, 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 establislunent of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter RESOLUTION NO. 2023-10-338
RESOLUTION NO. SA 2023-11-3389
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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 circwnstances:
(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 inuninent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B ), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is othetwise 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 RESOLUTION NO. 2023-10-3388
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Ch.165 -14-
the public to address the legislative body and offer comment in real time.

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

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting RESOLUTION NO. 2023-10-338
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n
-15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (I) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all puiposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
( c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each 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) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, 92 RESOLUTION NO. 2023-10-3388
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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the 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 Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 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 of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the RESOLUTION NO. 2023-10-338
RESOLUTION NO. SA 2023-11-3389
RESOLUTION NO. HA 2023-02-133

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"
-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 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. 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.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a he.alth 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 ofthis 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 RESOLUTION NO. 2023-10-3388
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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 if the advisory committee has 12 or more members.
( e) This section shall become operative January 1, 2024.

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

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state 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 Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials 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) TheLegislaturefindsanddeclaresthatduringtheCOVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter l of Part 1 of Division 3 of Title 2 of the Government 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.

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-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 thef oil owing 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 immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92
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IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706

CC, SA, HA
Item 1A1 JANUARY 11, 2023
'--~~~~~~_. WEDNESDAY
5:35 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

RECESS TO

CLOSED SESSION

Present: Council/Board Members Mark A. Breceda, Manuel R.

Garcia, Larry G. Burrola; Mayor Pro Tern I Vice Chair Albert F.

Ambriz; Mayor I Chair H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel ·
There were no speakers.

At 5:37 p.m., the City Council met in Closed Session to discuss the following:

Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed; update provided, no action taken
(Councilmember Breceda exited the Closed Session room and did not participate due to a conflict of interest).

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

Under Negotiation: Sublease Price and Terms
ACTION: Item removed from the agenda and not discussed
Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
ACTION: Discussed; no action taken

CC, SA, AND HA MINUTES

SPECIAL JOINT MEETING
JANUARY 11, 2023
PAGE2

RECONVENE IN

OPEN SESSION

CONSENT CALENDAR
MOTION
ITEM NO. F1

A RESOLUTION TO

RE-RATIFY THE

EXISTENCE OF A

LOCAL EMERGENCY

AND AUTHORIZE

REMOTE MEETINGS

FOR THE LEGISLATIVE

BODIES OF THE CITY

OF IRWINDALE FOR
THE 30-DAY PERIOD

BEGINNING
JANUARY 11, 2023

THROUGH
FEBRUARY 12, 2023

RESOLUTIONS

ADOPTED
Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Robert Avila
Agency claimed against: City of Irwindale
ACTION: Discussed, update provided; no action taken
At 6:35 p.m., the City Council reconvened in Open Session with all members present.

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

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 JANUARY 11, 2023 THROUGH
FEBRUARY 12, 2023
Resolution Nos. 2023-05-3383, SA 2023-06-3384, and
HA 2023-01-132 entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF

THE HOUSING AUTHORITY RE-RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING JANUARY
11, 2023, THROUGH FEBRUARY 12, 2023, PURSUANT TO THE
RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361," was
adopted.

CC, SA, AND HA MINUTES

SPECIAL JOINT MEETING
JANUARY 11, 2023
PAGE3
ITEM NO. F2

AGREEMENT WITH

COUNTY OF
LOS .ANGELES -
2020 STATE

HOMELAND SECURITY

SUB-RECIPIENT
GRANT YEAR 2020
RESOLUTION NO.
2023-02-3380

ADOPTED

AGREEMENT WITH THE COUNTY OF LOS ANGELES ENTITLED
2020 STATE HOMELAND SECURITY PROGRAM SUB-RECIPIENT

AGREEMENT AND APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT WITH AT&T TO PROVIDE CYBERSECURITY
SERVICES USING 2020 STATE HOMELAND SECURITY

PROGRAM FUNDS
Resolution No. 2023-02-3380, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, APPROVING THE STATE HOMELAND SECURITY
SUB-RECIPIENT GRANT YEAR 2020 AGREEMENT BETWEEN

THE CITY OF IRWINDALE AND COUNTY OF LOS ANGELES,

DISPENSING WITH FORMAL BIDDING REQUIREMENTS AND

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

AT&T TO CONDUCT A CYBERSECURITY ASSESSMENT, AND

APPROVING AN AMENDMENT TO THE REVENUE BUDGET AND
APPROPRIATING $67,518 INTO THE FEDERAL GRANT FUND,"
was adopted.

END OF CONSENT CALENDAR

NEW BUSINESS
ITEM NO. G1

DISCUSSION OF

RECOGNITION

LUNCHEON FOR

OUTGOING

COMMISSIONERS

MAYOR PRO TEM
AMBRIZ

FRED BARBOSA

COUNCILMEMBER

BRECEDA

CITY ATTORNEY
GUERRA

DISCUSSION OF RECOGNITION LUNCHEON FOR OUTGOING

COMMISSIONERS (REQUESTED BY MAYOR PRO TEM AMBRIZ)
Mayor Pro Tern Ambriz stated that outgoing Commissioners should be recognized with a luncheon in appreciation of the time they dedicated to their meetings.

Fred Barbosa stated his opinion that the Planning Commission and City Council have let the community down by approving a project that would cause air pollution.

Councilmember Breceda suggested contacting the outgoing commissioners to gauge their interest in a luncheon, to which Mayor Pro Tern Ambriz stated that the City Council could make the decision to have the luncheon, and that commissioners would not be required to attend if they are not interested.

City Attorney Guerra requested Council input as to the dollar limit for the event so that staff can prepare a resolution for a budgetary appropriation for Council consideration.

CC, SA, AND HA MINUTES

SPECIAL JOINT MEETING
JANUARY 11, 2023
PAGE4

MAYOR PRO TEM
AMBRIZ

CITY ATTORNEY
GUERRA
Mayor Pro Tern Ambriz stated that the Council would rely on staff to determine the budgetary amount needed.

City Attorney Guerra stated that staff could prepare options for presentation to the Council.

COUNCIL CONSENSUS Council consensus was reached to have staff prepare a staff report with options for an event to recognize outgoing commissioners.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:40 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1A2

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
~ANUARY 11, 2023
----------'· WEDNESDAY
6:40 P.M.

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

ROLL CALL: Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz;
Mayor H. Manuel Ortiz
Also 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, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA None.

COUNCILMEMBER
TRAVEL REPORT None.

COUNCILMEMBER

COMMENTS

COUNCILMEMBER

BURROLA

INTRODUCTION OF

NEW EMPLOYEES I

PROMOTIONS
· Councilmember Burrola reflected on the city's accomplishments in 2022 and wished everyone a happy new year.

INTRODUCTION OF INTRODUCTION OF KAREN RUIZ, OFFICE SPECIALIST,

KAREN RUIZ, COMMUNITY DEVELOPMENT DEPARTMENT

OFFICE SPECIALIST,
COMMUNITY The introduction was made.

DEVELOPMENT

DEPARTMENT
PROMOTION OF PROMOTION OF IRWINDALE POLICE SGT. DIEGO CORNEJO

IRWINDALE POLICE
SGT. DIEGO CORNEJO The introduction was made.

PROCLAMATIONS I

PRESENTATIONS I

COMMENDATIONS

CITY COUNCIL MINUTES

REGULAR MEETING

ADMINISTRATION OF

OATHS OF OFFICE

TO COMMISSIONERS

RECOGNITION OF

OUTGOING

COMMISSIONERS

SPONTANEOUS

COMMUNICATIONS

PAT GONZALES

DENA ZEPEDA

FRED BARBOSA

CARMEN ROMAN

DENA ZEPEDA

FRED BARBOSA

CONSENT CALENDAR
MOTION
JANUARY 11, 2023
PAGE2

ADMINISTRATION OF OATHS OF OFFICE TO COMMISSIONERS
The administration of oaths of office were conducted with Commissioners Carmen Roman, Maricela Frymark, Suzanne
Gomez, and Christina Fraijo; Commissioner Michelle Duran was not in attendance.

RECOGNITION OF OUTGOING COMMISSIONERS
Outgoing Senior Citizen Commissioner Virginia DiaZ, who was in attendance, was recognized. Mayor Ortiz read the certificates for outgoing Parks & Recreation Commissioner Marguerite S. Sapien and Planning Commissioner Robert Hartman.

Pat Gonzales noted water pooling near the speed bump in front of the Dan Diaz Recreation Center and stated that the existing drain pipe is not large enough to drain all the water from the recent storms.

Dena Zepeda congratulated the newly reappointed commissioners and thanked outgoing commissioners for their service. She also addressed allegations of misconduct occurring at the Police Department and questioned how employees can engage in such acts during work hours, and recommended that the accused individuals be disciplined.

Fred Barbosa complained about receiving meeting agendas late, and questioned the actions that the City has taken thus far with regard to the Five Points lawsuit. He stated that the residents do not want any type of development that would impact their lives, and threatened to recall the Councilmembers.

Carmen Roman concurred with Mr. Barbosa and stated that residents oppose big buildings and pollution. She also stated that the residents want 10 acres reserved for housing. She also concurred with Mrs.

Zepeda's comments regarding the Police Department.

Dena Zepeda stated that the City needs a new law firm to represent its interests.

Fred Barbosa stated his belief that Five Points is suing the City since the City changed their property's zoning.

A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved.

CITY COUNCIL MINUTES JANUARY 11, 2023
REGULAR MEETING PAGE 3
ITEM NO. 1A MINUTES

MINUTES
ITEM NO. 1B

WARRANTS
ITEM NO. 1C

AWARD OF

CONTRACT FOR

DEVELOPMENT OF

A FEASIBILITY STUDY

FOR THE ARROW HWY

BEAUTIFICATION
PROJECT; P-1040
ITEM NO. 1D
AMENDMENT NO. 1

TO CONTRACT
SERVICES AGMT.

WITH COORY

ENGINEERING
ITEM NO. 1E

DECLARATION OF

SURPLUS EQUIPMENT
RESOLUTION NO.
2023-03-3381

ADOPTED
ITEM NO. 1F

AMENDEDAND

RESTATED CAL TRANS

LANDSCAPE
The following minutes were approved:
1) Special meeting held December 7, 2022

WARRANTS
The warrants were approved.

AWARD OF CONTRACT FOR DEVELOPMENT OF A FEASIBILITY

STUDY FOR THE ARROW HIGHWAY BEAUTIFICATION
PROJECT; P-1040
1) The City Manager was authorized to enter into an agreement with Craftwater Engineering, Inc., in the amount of $106,314 to develop a feasibility study for the Arrow Highway Beautification Project, and 2) a 20% project contingency in the amount of $21,263 was approved to cover any unforeseeable changes that may arise during design.

AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT

WITH COORY ENGINEERING FOR PROFESSIONAL DESIGN

SERVICES FOR THE PREPARATION OF PLANS,

SPECIFICATIONS AND ESTIMATE OF A VITRIFIED CLAY PIPE
SEWER LINE EXTENSION ON ARROW HIGHWAY; P-1035
Amendment No. 1 to Contract Services Agreement with Coory Engineering was approved and the City Manager was authorized to execute Amendment No. 1 to Contract Services Agreement with Coory Engineering for Professional Design Services for the preparation of Plans, Specifications, and Estimate (PS&E) of a Vitrified Clay Pipe (VCP) Sewer Line Extension on Arrow Highway (P1035) to increase the contract amount from $50,800 to $78,000, an increase of $27,200.

DECLARATION OF SURPLUS EQUIPMENT
Resolution No. 2023-03-3381, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE DECLARING CERTAIN VEHICLES AS SURPLUS,

AUTHORIZING DISPOSITION OF THE SURPLUS VEHICLES, AND
CREDITING AND APPROPRIATING PROCEEDS," was adopted.

AMENDED AND RESTATED CAL TRANS LANDSCAPE

MAINTENANCE AGREEMENT
The Mayor and City Manager were authorized to execute an

CITY COUNCIL MINUTES

REGULAR MEETING

LANDSCAPE

MAINTENANCE

AGREEMENT
JANUARY 11, 2023
PAGE4
The Mayor and City Manager were authorized to execute an Amended and Restated Landscape Maintenance Agreement
between the City of Irwindale and the California Department of Transportation (Caltrans).

END OF CONSENT CALENDAR

NEW BUSINESS
ITEM NO. 2A

VERBAL UPDATE ON

CALLE DE PASEO

RED CURB

DIRECTOR HANNA

MAYOR PRO TEM
AMBRIZ

CITY MANAGER

MIRANDA

FRED BARBOSA
ITEM NO. 2B

VERBAL UPDATE ON

MORADA WALL
UPDATE

DIRECTOR HANNA

VERBAL UPDATE ON CALLE DE PASEO RED CURB
Director Hanna presented the report. He advised that the study that was presented to the Council on November 17, 2022 consisted of an line of sight analysis for drivers and a speed survey for the street. The study suggested locations along Calle de Paseo to be removed and for red curbs to be installed. Another study would determine whether the crosswalk would be removed, along with a few of the red curbs.

He noted that the speed hump was requested due to the new school bus stop. He also addressed the comment made during Spontaneous Communications regarding the curb level, and advised that it remained low due to accessibility issues; there was no accessible path between south and north to head toward the Recreation Center.

The speed bump was designed to be at the level of the curb so that individuals with limited mobility can cross safely. He indicated that the existing pipe that transfers water has limits, but noted that they will install a second pipe. Another study will be done to see if the crosswalk could be eliminated, though it may not be initiated until next week.

Responding to a question by Mayor Pro Tern Ambriz, Director Hanna advised that he has not submitted a request to the Public Works Services Department to repaint the curbs.

City Manager Miranda added that the curbs along Calle de Paseo appear exactly as they did prior to the first red curb installation.

Fred Barbosa stated that "red curbs are the only handicap parking" some have, to which Director Hanna advised that staff will check with the consultant to determine if blue curbs could be installed.

VERBAL UPDATE ON MORADA WALL UPDATE (Joint with Housing Authority
Director Hanna advised that Assistant to the City Manager Espino has arranged for him and City Manager Miranda to meet with residents to

CITY COUNCIL MINUTES

REGULAR MEETING

PUBLIC HEARINGS
ITEM NO. 3A

PROPOSED USE OF

COMMUNITY

DEVELOPMENT

BLOCK GRANT

ALLOCATION FOR

FISCAL YEAR
2023-2024

FINANCE ANALYST
CARLOS
OPEN

PUBLIC HEARING

FRED BARBOSA

PATSY GONZALES
CLOSE

PUBLIC HEARING
RESOLUTION NO.
2023-01-3379

ADOPTED
ITEM NO. 3B

PUBLIC HEARING AND

SECOND READING OF
ORDINANCE NO. 764
JANUARY 11, 2023
PAGE5
discuss the location of the walls as well as the structure plans before proceeding with the construction of the walls.

PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT ALLOCATION FOR FISCAL YEAR 2023-2024
Finance Analyst Carlos presented the staff report.

At 7:30 p.m., Mayor Ortiz opened the public hearing.

Responding to a question by Fred Barbosa, Finance Manager Duran advised that the Community Development Block Grant is federal money that the City would receive to perform specific projects. She noted that the city may accumulate up to three years' worth of the funding.

Patsy Gonzales noted her experience working with CDBG funding during her employment at another city, and concurred that the funding should be used to purchase meals for seniors, if it falls within CDBG guidelines.

There being no additional speakers, Mayor Ortiz closed the public hearing at 7:32 p.m.

Resolution No. 2023-01-3379, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE PROPOSED USE OF THE CITY'S
FISCAL YEAR 2023-2024 LOS ANGELES URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION,"
was adopted on the motion of Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, and unanimously approved.

PUBLIC HEARING AND SECOND READING OF ORDINANCE NO.
764, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE REPEALING ORDINANCE NOS. 709 AND 743 IN
THEIR ENTIRETY, AMENDING TITLE 15 OF THE IRWINDALE
MUNICIPAL CODE BY ADDING CHAPTER 15.07 - "EXISTING
BUILDING CODE," AND ADOPTING BY REFERENCE THE LOS
ANGELES COUNTY BUILDING CODE (2023 EDITION) WITH

CITY COUNCIL MINUTES

REGULAR MEETING

DIRECTOR HANNA
OPEN

PUBLIC HEARING
CLOSE

PUBLIC HEARING
ORDINANCE NO. 764

ADOPTED ON

SECOND READING

CITY MANAGER'S
REPORT

CITY MANAGER

MIRANDA
JANUARY 11, 2023
PAGE6

IRWINDALE AMENDMENTS, LOS ANGELES COUNTY
ELECTRICAL CODE (2023 EDITION), LOS ANGELES COUNTY
PLUMBING CODE (2023 EDITION), LOS ANGELES COUNTY
MECHANICAL CODE (2023 EDITION), LOS ANGELES COUNTY
GREEN BUILDING STANDARDS CODE (2023 EDITION), LOS
ANGELES COUNTY RESIDENTIAL CODE (2023 EDITION),
EXISTING BUILDING CODE (2023 EDITION), AND ADOPTING

LOCAL AMENDMENTS THERETO, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2 ET SEQ."
Director Hanna presented the staff report.

At 7:35 p.m., Mayor Ortiz opened the public hearing.

There being no speakers, Mayor Ortiz closed the public hearing at 7:36 p.m.

Ordinance No. 764, entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE REPEALING ORDINANCE NOS. 709 AND 743 IN
THEIR ENTIRETY, AMENDING TITLE 15 OF THE IRWINDALE
MUNICIPAL CODE BY ADDING CHAPTER 15.07 - "EXISTING
BUILDING CODE," AND ADOPTING BY REFERENCE THE LOS
ANGELES COUNTY BUILDING CODE (2023 EDITION) WITH

LOCAL AMENDMENTS THERETO, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2 ET SEQ," was passed,
approved, and adopted, reading by title only and waiving further reading thereof, on the motion of Councilmember Burrola, seconded by Councilmember Breceda, and unanimously approved.

City Manager Miranda reported the following:
1) The Finance Department has achieved the Government Finance Officers Association award for the 121h consecutive year for its annual Comprehensive Financial Report for FY ending June 30, 2021.
2) A visioning workshop for the new Library has been scheduled for January 19.

CITY COUNCIL MINUTES

REGULAR MEETING

AGENDA ITEMS

REQUESTED BY

COUNCILMEMBERS
ITEM NO. 5A

REQUEST BY

COUNCILMEMBER

BURROLA REGARDING

THE INSTALLATION OF

A DIGITAL BILLBOARD

IN FRONT OF CITY HALL

COUNCILMEMBER

BURROLA

FRED BARBOSA

COUNCILMEMBER

BRECEDA

MAYOR ORTIZ

PAT GONZALES

MAYOR ORTIZ
JANUARY 11, 2023
PAGE?
3) Over 40 children participated in the Cookies and Milk with Santa event. He thanked all volunteers and donors.
4) He briefly reviewed upcoming events and activities of the Senior Center and Recreation Departments.

REQUEST BY COUNCILMEMBER BURROLA REGARDING THE

INSTALLATION OF A DIGITAL BILLBOARD IN FRONT OF CITY
HALL
Councilmember Burrola stated that he was approached by several residents who have inquired about installing a digital billboard in front of City Hall, and said that the current digital sign is the type mostly commonly used to inform motorists about traffic or road conditions.

He then requested that a report be prepared detailing the condition of the existing fountain at the front of City Hall, and whether it could be removed to install a digital billboard.

Fred Barbosa said that the fountain has not worked for many years and putting an electrical sign near it would not be a good idea.

Councilmember Breceda agreed with Councilmember Burrola. He stated that the cities of Baldwin Park and West Covina have digital signs that may work for Irwindale. He also wondered whether a water feature could be installed at the site of the existing fountain.

Mayor Ortiz concurred that a permanent digital sign should be installed, to which City Manager Miranda stated that staff would look into the available options and present ideas in a future report.

Pat Gonzales agreed that a digital sign would be nice and agreed with the ideas presented by the Council.

Mayor Ortiz reminded that he has previously requested the installation of speed limit signs with radar on Irwindale Avenue, similar to the one installed at Cypress and Azusa Canyon Road, as well as illuminated crosswalks and a bump on the street at Rivergrade Road near Live Oak Avenue, and reiterated his request that staff look into the requests.

Mayor Ortiz asked whether Michelle Duran would be able to continue serving on the Irwindale Community Foundation now that she has been appointed to the Parks & Recreation Commission, to which City

CITY COUNCIL MINUTES

REGULAR MEETING

ASSISTANT CITY

MANAGER OLIVARES

ADJOURNMENT
JANUARY 11, 2023
PAGES
Manager Miranda advised that she would not continue serving on the Foundation, and added that staff is preparing to accept applications for the Foundation.

Assistant City Manager Olivares added that a flyer would be mailed to residents notifying them of the vacancy on the Foundation's Board and will encourage residents to apply. The applications received will be forwarded to the Council for consideration.

There being no further business to conduct, the meeting was adjourned at 7:51 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
~ANUARY 12, 2023 '--~~~~~~..... THURSDAY
CC Item 1A3
5:45 P.M.

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

ROLL CALL:

SPONTANEOUS

COMMUNICATIONS

FRED BARBOSA

CONSENT CALENDAR
MOTION
ITEM NO. C2

ADOPTING

RESOLUTIONS

RATIFYING THE

PROCLAMATION OF

EXISTENCE OF A

LOCAL EMERGENCY
(SEVERE WINTER

STORMS) BY THE

MAYOR IN HIS

CAPACITY AS

DIRECTOR OF

EMERGENCY

SERVICES AND

APPROPRIATING
FUNDS
RESOLUTION NO.
2023-09-3387

ADOPTED

Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, Larry G. Burrola; Mayor Pro Tern Albert F. Ambriz; Mayor H. Manuel Ortiz Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Marilyn Simpson, Community Services Director; and Laura Nieto, Chief Deputy City Clerk
Fred Barbosa stated that residents have questions regarding a potential settlement agreement between the city and Five Points, and asked that there be dialogue on this matter.

A motion was made by Councilmember Garcia, seconded by
Councilmember Burrola, to approve the Consent Calendar with the exception of Item No. C 1, which was removed for separate consideration. The motion was unanimously approved,

ADOPTING RESOLUTIONS RATIFYING THE PROCLAMATION OF

EXISTENCE OF A LOCAL EMERGENCY (SEVERE WINTER

STORMS) BY THE MAYOR IN HIS CAPACITY AS DIRECTOR OF

EMERGENCY SERVICES AND APPROPRIATING FUNDS
Resolution No. 2023-09-3387, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, APPROVING THE APPROPRIATING

OF FUNDS NECESSARY TO RESPOND TO THE SEVERE

WINTER STORMS EMERGENCY WITHIN THE CITY OF

CITY COUNCIL MINUTES

SPECIAL MEETING
ITEM NO. C3
AMENDMENT NO. 1

TO CONTRACT

SERVICES

AGREEMENT WITH
ITERIS INC.

CITY MANAGER

MIRANDA
RESOLUTION NO.
2023-08-3386

ADOPTED
JANUARY 12, 2023
PAGE2

IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE
CHAPTER 2.44.090," was adopted.

AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
WITH ITERIS INC. FOR ON-CALL AS-NEEDED TRAFFIC

ENGINEERING SERVICES
City Manager Miranda noted corrections to the City Manager's recommendation shown in the staff report.

Resolution No. 2023-08-3386, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING THE APPROPRIATION OF $32,000
FROM THE GENERAL FUND RESERVES FOR ON-CALL ASNEEDED TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF IRWINDALE AND ITERIS, INC.," was adopted.

END OF CONSENT CALENDAR
ITEM NO. C1

APPROVAL OF

SETTLEMENT

AGREEMENT

BETWEEN FIVE

POINTS, LP AND

CITY OF IRWINDALE

COUNCILMEMBER

BRECEDA

CITY ATTORNEY
GUERRA

COUNCILMEMBER

BURROLA

APPROVAL OF SETTLEMENT AGREEMENT BETWEEN FIVE

POINTS, LP AND CITY OF IRWINDALE REGARDING
SETTLEMENT OF THE LAWSUIT FIVE POINTS, LP VS. CITY OF

IRWINDALE, LOS ANGELES COUNTY SUPERIOR COURT, CASE
NO. 22STCV01394
Councilmember Breceda declared a potential conflict of interest with this item and exited the Council Chambers at 5:51 p.m.

City Attorney Guerra presented the staff report.

In reply to several questions by Councilmember Burrola, City Attorney Guerra indicated that the community meeting that the Council is interested in holding would need to take place before the City Council meeting, though that does not necessarily mean that it must be done before the Planning Commission meeting, though it is possible to do so.

In response to a comment by Councilmember Burrola, City Attorney Guerra indicated that, when Five Points initiated its litigation against the City, they stated in their complaint that they are seeking $20 million in damages for the alleged breach of contract and all causes of action. However, by way of the proposed settlement agreement, the City would avoid potentially paying the $20 million in damages.

CITY COUNCIL MINUTES

SPECIAL MEETING

COUNCILMEMBER
GARCIA

MAYOR PRO TEM
AMBRIZ

MAYOR ORTIZ

COUNCILMEMBER

BURROLA

MAYOR ORTIZ

FRED BARBOSA

CARMEN ROMAN
JANUARY 12, 2023
PAGE3
Councilmember Garcia asked whether the 10 acres reserved for housing is compromised, to which City Attorney Guerra confirmed that it is not. The settlement agreement only involves property owned by Five Points, and none of the city-owned properties.

As requested by Mayor Pro Tern Ambriz, City Attorney Guerra noted related lawsuit milestones: as part of the settlement discussions, a demurrer was originally scheduled for December but was continued by the court to January 11. As the parties worked toward a settlement, the parties agreed to continue that date to give both parties time to finalize a draft settlement agreement for consideration. The trial date had been scheduled for June or July, but the city requested that it be pushed to December. He added that, should the City Council deny the project, the case would revert to the demurrer at the end of March or maybe a bit later if more time is necessary.

Mayor Ortiz asked if there is sufficient time for informational documentation to be prepared for the community meeting, to which City Attorney Guerra stated that this is likely the reason that the developer thought about holding the community meeting after the Planning Commission meeting but before the City Council meeting, in order to have all the information needed from the environmental consultant. He added that, if the information is ready in time, staff could work with Five Points to potentially holding the community meeting before the Planning Commission meeting.

Councilmember Burrola expressed his preference in holding the community meeting before the Planning Commission meeting, which City Attorney Guerra indicated that the request would be shared with Five Points.

Mayor Ortiz advised against rushing the project, and stated that the community meeting could be held after the Planning Commission meeting if needed, as long as the entire process is properly documented.

Responding to several questions by Fred Barbosa, City Manager Miranda explained the project has been downsized from the original proposal and discussed the steps the developer is taking to mitigate air pollution. Mr. Barbosa stated his opinion that this project, along with other projects, all contribute to heavy pollution. He also threatened to recall the Councilmembers and alleged that the city has entered into an agreement illegally with Five Points.

Carmen Roman stated that the residents have not been properly informed regarding the project, made general allegations of impropriety, spoke against pollution, and suggested that Five Points be made to set up a fund to guarantee medical and cancer medical care for residents. She also asked what else the residents would receive under this project.

CITY COUNCIL MINUTES

SPECIAL MEETING

DENA ZEPEDA

MAYOR PRO TEM
AMBRIZ

MAYOR ORTIZ

FRED BARBOSA

COUNCILMEMBER

BURROLA

COUNCILMEMBER
GARCIA

PAULA FRAIJO

MAYOR ORTIZ
JANUARY 12, 2023
PAGE4
Dena Zepeda agreed with Carmen Roman and Fred Barbosa in opposing pollution. She also made allegations of impropriety against Councilmember Breceda and City Attorney Galante.

Mayor Pro Tern Ambriz stated his feeling that the proposed timeline is too aggressive and suggested slowing the process down to lessen the likelihood of making mistakes and to ensure that all questions are answered.

Mayor Ortiz shared the preoccupations regarding the environment, and noted that this was the reason that the project was downsized.

He further elaborated on the steps that have been taken to help mitigate environmental impacts and stated that the Council will do the best it can to stop the lawsuit.

Fred Barbosa stated his belief that the city is facing a lawsuit due to a zoning change.

Councilmember Burrola expressed his desire for residents to fully understand the process since its inception, and stated that he understood the residents' concerns over pollution.

Councilmember Garcia concurred with comments made regarding environmental concerns, though he noted that the City has made substantial progress at the subject site. He stated that the City is in the fortunate position of being able to develop the site and retain 10 acres for housing and indicated that the developer has expressed his willingness to develop a facility and remediate environmental impacts as much as possible. He noted that the City Council unanimously approved the project in 2015 and spoke in support of moving the project forward.

Paula Fraijo stated that, although she understands the need for developments to keep a community thriving, businesses tend to prey on low-income minority communities and develop projects that harm its residents. She further stated that remediation efforts do not eliminate health risks posed by large developments and indicated her belief that Irwindale residents already suffer from a high rate of illnesses.

Responding to a question by Mayor Ortiz, City Attorney Guerra advised that, should the Council deny the project again, the existing litigation brought forth by Five Points against the City would continue.

There would be a trial later in 2023. The City would have an existing demurrer to challenge the basis of the lawsuit, scheduled for sometime in the spring or summer. The litigation is currently being held at bay during this review process. If the settlement agreement is approved, the lawsuit would go away; if it is not, the lawsuit continues.

If the city loses the lawsuit, the city would pay damages as determined by the court, though Five Points is seeking $20 million in damages.

CITY COUNCIL MINUTES

SPECIAL MEETING

COUNCILMEMBER

BURROLA

MAYOR PRO TEM
AMBRIZ

MAYOR ORTIZ

DENA ZEPEDA
MOTION

ADJOURNMENT
JANUARY 12, 2023
PAGE5
Further, the agreement approved in 2015 would not be dissolved and the property would not revert to the city. Five Points would keep the property and will get another opportunity to develop it. If the city wins the lawsuit, the city would not have to pay damages to Five Points, though they would retain the right to develop a project.

In reply to a question by Councilmember Burrola, City Attorney Guerra advised that the site is zoned M2, which according to current zoning standards, would permit the development of a light industrial building. City Attorney Guerra further indicated that, should Five Points win the lawsuit, they would retain the right to develop a commercial light industrial building. If the city wins the lawsuit, Five Points would retain the right to develop a commercial light industrial building. He further noted that the item before the Planning Commission and the City Council is a site plan design review; it is not a review of the use as light industrial since that is already permitted per the city's zoning code.

Mayor Pro Tern Ambriz agreed that the Council unanimously approved the project in 2015. However, he stated that the Council based its decision on the limited information that the City Attorney at the time had provided. He stated that, if he knew then what he knows now, he would have voted against the project. He reiterated his desire to slow the process down and spoke against approving the proposed settlement agreement.

Mayor Ortiz noted that this matter has been discussed in Closed Session many times, where the Council has seemingly desired to approve the agreement. He indicated that ifthe settlement agreement is not approved at this time, the Council would need to meet again in Closed Session to discuss further, likely with the same results.

Dena Zepeda made various allegations of conflicts of interest and corruption and suggested that the Council seek a second legal opinion on the matter.

A motion was made by Mayor Ortiz, seconded by Mayor Pro Tern Ambriz, to table this matter until further notice, and meet in Closed Session at a future date to discuss further. The motion was unanimously approved; Councilmember Breceda absent.

There being no further business to conduct, the meeting was adjourned at 6:33 p.m.

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

DATE OF ISSUE
1/12/23
Payroll Batch

DATE OF ISSUE
1/26/23
Payroll Batch

DATE OF ISSUE
1/31/23

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
January 2023
407-01-23, 408-01-23, 409-01-23

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
421-01-23, 422-01-23, 423-01-23, 425-01-23

DEPARTMENT
52 Public Works - Engineering
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC Item 1B
AMOUNT
1,731.15
71,755.42
36,779.68
268,323.56
38,003.54
4,497.66
18,166.93
6,957.28
44,296.70
39,578.31
73,390.09
603,480.32
(145,678.48)
(62, 107.39)
395,694.45
AMOUNT
6,790.82
65,260.93
41,344.26
246,143.14
23,342.57
4,436.73
14,678.58
15, 176.43
48,564.81
51,445.60
73,697.17
590,881.04
(160,619.34)
(18,356.84)
411,904.86
AMOUNT
76,019.26
76,019.26
(32, 148.23)
(7,601.93)
36,269.10
Electronic Payments
January 2023
January 1~31, 2023
Number Vendor Name
5451498 CJPIA Excess Pool
5451043 CJPIA Excess Pool
5451047 CJPIA Excess Pool

IRWINDALE
Date Amount
3,150.87
1,981.01
3,645.62
Report Total: 8,777.50
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 21212023 6:51 PM
'IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
78895 AL LIAN Alliant Insurance Services, Inc. 01/19/2023 2,289.00 78896 AMBRIZ05 Albert An1briz 01/19/2023 120.63
78897 AT&T02 AT&T 01/19/2023 32.60
78898 AT&T06 AT&T 01/19/2023 63.99
78899 CINGULAR AT & T Mobility 01/19/2023 1,753.90
78900 NESTOl Blue Triton Brands, Inc. 01/19/2023 1,160.45 78901 CHARTEOl Charter Comn1unications 01/19/2023 280.95 78902 CITYOF23 City Of West Covina 01/19/2023 7,500.00
78903 CONCEOI Concentra 01/19/2023 304.00
78904 CYPHOl Cypherworx, Inc 01/19/2023 1,800.00
78905 EMERGE04 Emergency Response 01/19/2023 375.00
78906 FRAIJ006 Christina Fraijo 01/19/2023 300.00
78907 FRONTOl Frontier Con1munications 01/19/2023 843.14 78908 HICK.MAO! Jason Hickman 01/19/2023 120.63
78909 LANCES Lance, Soll & Lunghard LLP 01/19/2023 517.00 78910 LAWEOl Law Enforcement Medical Services, Inc. 01/19/2023 150.00 78911 LEGAL03 Legal Shield 01/19/2023 37.90
78912 RAMIREOI Rosemary Martinez 01/19/2023 260.31
78913 MCIWOR MCI Comm Service 01/19/2023 37.69
78914 ORTIZH H. Manuel Ortiz 01/19/2023 120.63
78915 PUSEYS Sandra Pusey 01/19/2023 300.00
78916 REGISTOI Registrar-Recorder/County Clerk 01/19/2023 977.80 78917 SCPMA-HR SCPMA-HR 01/19/2023 50.00
78918 SOUTHE24 Southern California Edison 01/19/2023 614.07 78919 STATEOOl State Of California 01/19/2023 64.00
78920 TEXASOI Texas Life Insurance Co. 01/19/2023 4,818.43 78921 verizonw Verizon Wireless 01/19/2023 2,483.77
78922 AMERIC34 An1erican Fidelity Assurance Co 01/26/2023 4,473.16 78923 ANDER02 Nanette Anderson 0112612023 75.00
78924 AT&T06 AT&T 01/26/2023 1,679.53
78925 CHARTEOl Charter Communications 01/26/2023 99.99
78926 COSTCOOl Costco Membership 01/26/2023 120.00
78927 PMIDEN Delta Dental Insurance Con1pany 01/26/2023 852.37 78928 PMIDENOl Delta Dental of California 01/26/2023 11,821.55 78929 FRAEROl Laura Fraer Snyder 01/26/2023 1,500.00
78930 FRONTOl Frontier Communications 01/26/2023 208.94 78931 HANNAOl Arsanious Hanna 01/26/2023 193.80
78932 flMENOl Rodolfo Jin1enez 01/26/2023 75.00
78933 LIEBERT Liebert Cassidy Whitmore 01/26/2023 4,632.50 78934 MoralO Kimberly Morales 01/26/2023 300.00
78935 OPTUMOI OptumRx, Inc. 01/26/2023 27,494.74
78936 PUBLOl Public Safety Consulting, Inc. 01/26/2023 1,820.26 78937 RAMil2 Angelina Ran1irez 01/26/2023 320.00
78938 RODR02 Jorge Rodriguez 01/26/2023 72.06
78939 ROJASOI Jesus Rojas 01/26/2023 300.00
78940 SCFUELS SC Fuels 01/26/2023 16,927.28
78941 SCHEOl Patricia Schery 0112612023 7.50
AP Checks by Date- Summary by Check Number (2/2/2023 6:51 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
78942 SMART& Smart & Final 01/26/2023 922.75
78943 STANDAO! Standard Insurance Co. RV 01/26/2023 475.45 78944 TAPIO! Regina Tapia 01/26/2023 100.00
78945 TORR12 Elisa Torres 01/26/2023 25.00
78946 TPXO! TPX Communications 01/26/2023 2,547.82
78947 verizonw Verizon Wireless 01/26/2023 790.76
78948 V!SIONO! Vision Service Plan - {CA) 01/26/2023 l,538.67 78949 VISIONO! Vision Service Plan - (CA) 01/26/2023 4,48 l.54 78950 VOO! Kim Thi Ahn Vo 01/26/2023 12.99
78951 CALIF056 California State Disbursement Unit 01/26/2023 604.15 78952 CALIF057 California State Disbursement Unit 01/26/2023 143.07 78953 CITYOl City of Hope 01/26/2023 54.00
78954 !CEA Irwindale City Employee Assoc. 01/26/2023 726.00 78955 IMEA Irwindale Mgmt Employee Assoc. 01/26/2023 500.00 78956 IRWIND02 Irwindale Police Officers Assoc. 01/26/2023 3,209.05 78958 BURROL08 Larry Burrola 01/30/2023 854.40
78959 CINTAS Cintas Corporation #693 01/30/2023 135.66
78960 ORTIZH H. Manuel Ortiz 01/30/2023 854.40
78961 PETTYC05 City of Irwindale Petty Cash 01/30/2023 542.70 78962 AFFORD02 Affordable Additions 02/08/2023 3,200.00 78963 ALLCIO! All City Management Services, Inc 02/08/2023 757.49 78964 ARAMO! Aramark Uniform & Career Apparel Group 02/08/2023 l,106.58 78965 AZTECO! Aztec Technology Corp. 02/08/2023 4,996.53 78966 AZUSAPO! Azusa Plumbing Supply 02/08/2023 169.29
78967 BAKERO! Baker & Taylor Books 02/08/2023 837.79
78968 M!JACA Balcon Holdings, Inc. 02/08/2023 406.00
78969 BARNEY Ban1ey1
s Locksmith Service 02/08/2023 14.06
78970 B!LLST Bill's Truck Repair, Inc. 02/08/2023 l,666.96 78971 CALIF042 California Building Standards 02/08/2023 217.80 78972 CAL!l2 California Consulting Inc. 02/08/2023 4,500.00 78973 CALIF025 California Library Association 02/08/2023 270.00 78974 CAREO! Care For The Children 02/08/2023 2,828.00
78975 CASCO! CASC Engineering & Consulting 02/08/2023 3,622.50 78976 Cat Spec Cat Specialities Inc 02/08/2023 529.60
78977 CDWO! CDW Government 02/08/2023 3,583.35
78978 CHARTE03 Charter Communications 02/08/2023 6,238.13 78979 CHRISNO! Chris Nelson & Associates, Inc. 02/08/2023 6,607.50 78980 CINTAS Cintas Corporation #693 02/08/2023 593.28
78981 CIVIC02 CivicPlus, LLC 02/08/2023 900.00
78982 CTCTOl Columbia Telecom1nunications Corporatior 02/08/2023 3,899.70 78983 COSTAO! Costar Realty Infonnation, Inc. 02/08/2023 400.00 78984 DEPTOF02 County of LA Dept of Anin1al Care & Cont 02/08/2023 2,536.25 78985 COUNTY04 County of Los Angeles 02/08/2023 1,257.69 78986 LOSANG33 County of Los Angeles 02/08/2023 93,259.83 78987 CUMMINS Cumn1ins-Allison Corp 02/08/2023 235.92
78988 CWAO! CWAAIA,Inc 02/08/2023 8,346.90
78989 CWEO! CWE 02/08/2023 2,209.25
78990 DELONG Delong Unlimited 02/08/2023 617.40
78991 DIVISIO! Division of the State Architect 02/08/2023 3 l.60 78992 DUDEKO! Dudek 02/08/2023 l,235.00
78993 ENVIR005 Environtnental Science Associates (ESA) 02/08/2023 56,875. ll 78994 EPACTO! ePACT Network Ltd. 02/08/2023 2,100.00
78995 FCGO! FCG Consultants Inc. 02/08/2023 16,058.52
78996 FED EX FedEx 02/08/2023 225.33
78997 GEO LOG Geologic Associates 02/08/2023 74,715.93
78998 lGlendor Glendora Chevrolet 02/08/2023 100.62
78999 HDLCOR HdL Coren & Cone 02/08/2023 1,575.00
AP Checks by Date- Sunnnary by Check Number (2/2/2023 6:51 PM) Page2 Check No Vendor No Vendor Name Check Date Check Amount
79000 HDLOl Hdl Software, LLC 02/08/2023 33.26
79001 IRWIND23 Irwindale Business Center 02/08/2023 414.38 79002 IRWIND03 Irwindale Tire Shop 02/08/2023 22.00
79003 ITERIS Iteris, Inc. 02/08/2023 1,280.00
79004 JEEPEROl Jeepers Creepers Exterminating Inc. 02/08/2023 234.00 79005 JOHNNY02 Johnny's Pool Service 02/08/2023 272.23
79006 COOR YE Samir M. Khoury 02/08/2023 350.00
79007 LAND SC Landscape Warehouse III Inc. 02/08/2023 105.42 79008 LEWISE Lewis Engraving, Inc. 02/08/2023 93.72
79009 LINNOl Deborah Linn 02/08/2023 500.00
79010 LSAOl LSA Associates, Inc. 02/08/2023 21,292.50
79011 MAINTEOl Maintex 02/08/2023 7.00
79012 CALIBEOl Lawrence E. Marino 02/08/2023 2,816.20
79013 MOUNTOl MNRO Holdings, LLC 02/08/2023 1,930.84
79014 OFFICE03 Office Depot 02/08/2023 827.11
79015 ORKINP Orkin Pest Control 02/08/2023 113.00
79016 PRAXAI Praxair 02/08/2023 80.76
79017 PRO PRINT Pro Printing, Inc. 02/08/2023 2,860.37
79018 RC02 RC Systems, Inc. 02/08/2023 1,475.00
79019 PACIFI13 Rene David LTD 02/08/2023 437.03
79020 ROSENO Rosenow Spevacek Group Inc 02/08/2023 2,950.00 79021 SkyBluep Sky Blueprint & Supplies, Inc 02/08/2023 2,747.58 79022 STEVEN05 Steven A. Onnenyi & Assoc. 02/08/2023 20,028.75 79023 TRIANGOl Triangle Truck Parts 02/08/2023 49.08
79024 UNITEDll United Site Services of CA Inc 02/08/2023 589.50 79025 WESTC005 West Coast Arborists, Inc. 02/08/2023 2,488.50 79026 HDSUPOI WHITE CAP, L.P. 02/08/2023 441.79
Report Total (131 checks): 492,032.91
AP Checks by Date~ Summary by Check Number (2/2/2023 6:51 PM) Page 3 CICity Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
CitytJ/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1C
Issue: Acceptance of Citywide Residential Curb Address Painting Project City Manager's Recommendation:

That the City Council (1) accept the Citywide Residential Curb Address Painting Project; (2) approve the final project amount of $2,828; and (3) authorize the City Clerk to record the Notice of Completion.

Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

On October 26, 2022, the City Council adopted Resolution No. 2022-103-3353 entitled:
"A Resolution of the City Council of the City of Irwindale Amending the Fiscal Year 2022/2023 Adopted Budget, Establishing a Capital Improvement Project, and Appropriating Funds for the Curb Address Painting Project in front of Residential Homes and Authorizing the City Manager to Enter into an Agreement with Care for the Children," 01005.0006/855142.1 Page 1
The approved cost of this project was budgeted for $2,828 plus a 10% contingency for a total amount of $3, 111. No change orders were issued. Therefore, the final project amount was $2,828.

The Citywide Residential Curb Address Painting Project is now complete and staff recommends that the City Council accept these improvements. Acceptance of the improvements by the City Council will render the project complete. Once the project is complete, the City may file a Notice of Completion. Staff therefore recommends that the City Council authorize the City Clerk to record the Notice of Completion.

Fiscal Impact:

The adoption of Resolution 2022-103-3353 provided sufficient funding for the completion of the Capital Improvement Program Project No. 8104. The total amount appropriated was $3, 111, and the total amount expended was $2,828. The remaining $283 or 10% contingency will be reverted to the original funding source account (29020.) Attachment:

Notice of Completion
Page2
RECORDING REQUESTED BY:

CITY OF IRWINDALE
WHEN RECORDED MAIL TO:

Elizabeth Rodriguez
Public Services Director I
City of Irwindale I
Department of Public Services I
5050 N. Irwindale Avenue I
Irwindale, CA 91706 I
I
I
I

SPACE ABOVE THIS LINE FOR RECORDER'S USE

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: FEE SIMPLE AND/OR DEDICATED PUBLIC ROAD RIGHT OF WAY

EASEMENTS

2. The full name of the owner is: CITY OF IRWINDALE.

3. The full address of the owner is: 5050 NORTH IRWINDALE AVENUE. IRWINDALE, CALIFORNIA, 91706.

4. On the 81h day of FEBRUARY 2023 there was completed upon the hereinafter-described real property the following work:

5. The name of the original contractor for the work described above was: CARE FOR THE CHILDREN

6. The address of the contractor for the work described above is: PO BOX 3144, WHITTIER, CA 90605.

7. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: VARIOUS PUBLIC RIGHT OF WAY LOCATIONS THROUGHOUT THE CITY OF IRWINDALE'S RESIDENTIAL AREAS.

DATED:
01005.0006/855138.l
--------' 2023
Elizabeth Rodriguez, Public Services Director
City of Irwindale
ATTEST:

Chief Deputy City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ______ _
Subscribed and sworn to (or affirmed) before me on this day of , 20_ by ___________________________________ _
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature _________ _
01005.0006/855138.1
GJCity Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cityt;!"

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1D
Issue: Approval of Memorandums of Understanding with all Employee Groups City Manager's Recommendation:
(1) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale City Employees Association (ICEA) July 1, 2021 - June 30, 2024;and
(2) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Management Employees Association (IMEA) July 1, 2021 - June 30,2024; and
(3) Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Police Officers' Association (IPOA) July 1, 2020-June 30, 2024.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, Human Resources/Risk Manager
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

In March 2021, representatives from the City and the ICEA, IMEA, and IPOA commenced negotiations for successor Memorandums of Understanding (MOUs) as the MOU for the IPOA

Page 1 ends

l2J City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cityo/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1E
Issue: Rejection of Claim: Herman David Bravo, a minor against City of Irwindale.

City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Herman David Bravo, a minor, against the City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

J
Electronically Approved
On January 9, 2023, the City received a claim for damages from claimant Herman David Bravo, a minor. Claimant Bravo alleges that he sustained injuries when he tripped and fell as he walked north on the Santa Fe Dam entry road past the Santa Fe Dam Entry kiosk.
01005.00011855171.1 Page 1
The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim on the basis that the location is not owned, controlled, or maintained by the City of Irwindale. Accordingly, staff is recommending that the City Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachments:

Claim for Damages received January 9, 2023
Recommendation for Rejection

Page 2 ends

Rejection of Claim
Bravo, Herman David vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

1. Claims fur death, lnJury to person or to personal property must be filed not later than 6 months after the occurrence.
2; Clairils for damages to real property must be filed not later than 1 year after occurrence. · 3, -Read entlre claim before filing.

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

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

6.. Attach separate sheets lf necessary to give full detalls. Sign each sheet. 7 .. FUe w!th City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
f'Jame of Claimant

HERMAN DAVID BRA VO
Home Address of Claim,a:rit
Business
-
Address of Claimant
Clerk's Official FlllngStamp
Claimant's Date of Birth
Claimant's
-
Occupation

STUDENT
Home Telephone Number
Business Telephone Number
Name and address to which you desire notlces or communications to be sent regarding this claim:

THE DOlvlINGUEZ FIRM, LLP 3250 WILSHIRE BLVD., STE. 2200, LOS ANGELES, CA 90010 When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date: 7/20/2022 9:00AM CITY EMPLOYEES. RESPONSIBLE FOR THE INSPECTION, Time: MAINTENANCE AND UPKEEP OF SANTA PB DAM ROADS.
lf claim Is for Equ~table Indemnity, glve date INVESTIGATION IS ON-GOING, CLAIMANT DOES NOT YET KNOW claimant served With complaint: THE NAMES OF ALL EMPLOYEES JNVOLVED.

Where did DAMAGE or INJURY occur? Describe in fu!I detafl and locate on diagram on page 2. Where approptiate, give street names, addresses, and measurements from landmarks:

Claimant tripped and fell on the Santa Fe Dam road, north of the Santa Fe Dam En tty Kiosk, in the City of Irwindale, CA, as shown on the attached scene location
exhibits,
Describe in detalf how the DAMAGE or INJURY occurred,
Clt.!rnant tripped and foU as.11~.wal,kednorth,on. the.Santn Fe D:un.entry road p.astthe Santa Fe Dam Entry YJos~, on ctacked, uneven, and deep pot holes. Sald area was dilapidated, poorly maintained, and uneven for an extended and unreasonable length of time. Further, for pedestrians, including Claimant, entering the dam the the downward slope of this road made the dilapidated area, pot holes, cracks, and uneven road levels difficult to see.

Why do you claim the City of Irwindale Is responsible?
The City, by and through its employees, is responsible for the maintenance, upkeep, inspection, and condition of this road. City .employees were aware of the poor condition of the roadway where Claimant ultimately fell, and failed to warn of the condition and danger the roadway posed for pedestrians, such as Claimant, and failed to repair the road. The condition of the roadway made it dangerous and likely to cause the exact type of trip and fall that occw:red in this incident. The City is responsible for this dangerous ··-· ~ ' .. What DAMAGE or INJUHIES do you claim resulted? Give full extent of lnjurles or damage claimed.

Claimant sustained fractures to his left leg and left knee, and injuries to his neck, back, and head. He required an open reduction with internal fixation surgery for his left knee, He currently still in treatment and undergoing physical therapy. He has not recovered and is pending follow up appointments with his orthopedic surgeon, 01005.0001/855171.1

Page 3 ends

Rejection of Claim
Bravo, Herman David vs. City of liwindale
Page4
Claimanfs Name:

Herman Bravo
State the amount which you are c!almlng as of the date of presentation of this clalm. Give basis of computation. $1,000,000,00 for past and future special damages for on-going and pending medical care. Claimant is still in re<:overy and has not yet regained the full use of his injured leg. Claimant continues to endure pain and suffering and is still in treatment, Give estimated amount of future losses due to INJURY or DAMAGE:
$1,000,000,00 for future loss earning potential, lost earnings, reduction ln quality and enjoyment of life, and on-going pain and suffering.

Was damage and/or Injury Investigated by the police? ~N~o~ __ If yes, what City? ___ N=on~•~-------- Were paramedics or ambulance called? _N_o ___ If yes, name City or ambutance. __ ~N~on~•~--------- If injured, give name and address of your doctor and the date and time of your first visit: OnJuly20, 2022 Claimant treated ah Orthopaedic Institute for ChildrenChildren's hospital in Los Angeles, California Address: 403 W Adams Blvd, Los Angeles, CA 90007 .

Doctors and Hospitals:

Doctor Orthopaedic Institute for Childre.fAddress 403 W Adams Blvd, LA CA Date Hospitalized 7/20{2022 Hospital UCLA Harbor Address 1000 W Carson St, Torrance, C1bate HospltaHzed 7/20/2022 Hospltal _________ _ Address Date Hasplta!lzed -------
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:

Name Martha Gloria Reyes (Mother) Address Phone
Name _________ ~Address. _____________ _ Phone _____ - _

READ CAREFULLY
Far all accident ctafms, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "Xn. Indicate house numbers or distances to street comers.

If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with "Bn 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 LJ I
~
'~~~'o)
71\\ I
Typed Name Carlos A. Gomez, Esq,, Esq. Date
Do1,111.nguez Firm, LLP, attom~ys for 11312023
iled with the City Clerk. Presentation of a false claim Is a felony {Penal Code Section 72) Rejection of Claim
Bravo, Herman David vs. City of Irwindale

4.5 *"!.-''<'*'!' S,lMS reviews
Perk
0 ® Olroc!lons Savo
@
Sond!o
"""' ·····-'·-··
~»Y._e~I park b01'•11ng e 70:acre 1<!'11!!.,{<>.r fishing & .<t;o• boiOU11g, plus a summer •W!m b...aoh & watur ph1y ,.,
•area.
v Dogs allowed
15501 /\r<ow Hwy, Irwindale, CJ\ 91706
Open · Closes 7PM
parits.locounty.gov
(626) SS4·1065
429W+53 lrwlndaJe, CoUfomfo
Send to Y<iUr phone
01005.0001/855171.1

Page 5 ends

Rejection of Claim
Bravo, Herman David vs. City of Irwindale
.. ''
Page6
Rejection of Claim
Bravo, Herman David vs. City of liwindale
To: City oflrwindale
Attn: Mary Hall

CARL WARREN & COMPANY
Claims Marwgement am.J Solutions
January 26, 2023
T
RE: Claimant
Metnber
Hennan David Bravo, a 111inor
City oflnvindale
Date of Event
CW File Nu1nber
7/20/22
3041815
We have revie\ved the above captioned claitn and request that you take the action indicated belo\v:

CLAIM REJECTION: Send a standard rejection letter to the claitnant.

Please provide us \Vith a copy of the notice sent, as requested above. If you have any questions, please advise.

Best Regards,
CARL WARREN &CO.
~·r;;:./) c './f)y;/,/p/
Glen Raphael
Claims Examiner
Email: [email protected]
Office Tel.: 657 622 4315
P. 0. Box 2411 I Tustin, CA 92781
Tel: 657-622-4200 I Fax: 866-254-4423 I www.carlwarren.com CA license 'lo: 2607296
01005.0001/855171.1

Page 7 ends

Rejection of Claim
Bravo, Herman David vs. City of Irwindale
0City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cityo/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Rejection of Claim: Mariela Avila against City of Irwindale.

City Manager's Recommendation:

CC Item 1F
Staff recommends City Council (1) Reject the claim of Mariela Avila against City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:
!itwR~ Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by: (~'.

Laura Nieto, Chief Deputy City Clerk /¥'U!JQ lk4fo
Reviewed by:

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

Julian A. Miranda, City Manager
01005.0050/855195.1 Page 1
Background and Analysis:

On June 21, 2022, the City received a claim for damages from claimant Mariela Avila.

Claimant Avila alleges i) gender discrimination and harassment, ii) failure to prevent discrimination, harassment, or retaliation, iii) sexual harassment, iv) quid pro quo sexual harassment, v) hostile work environment, and vi) violation of Labor Code Section 226.

The claim alleges that former Chief Henshaw and Mrs. Avila began what was then a consensual sexual relationship which ultimately resulted in retaliation against Mrs. Avila when she chose to stop the intimate relationship with Chief Henshaw.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co. The City conducted a confidential internal investigation into the allegations thereafter. Based on the results of the investigation, staff is recommending that the City Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Claim for Damages received June 21, 2022

Page 2 ends

Rejection of Claim
Avila, Mariela vs. City of Irwindale

IRWINDALE

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

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

2. Cf aims for damages to real property must be fired not later than 1 year after occurrence.

3. Read entire claim before fifing.

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. Jrwlndale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
Mariela Isabel Avila
Home Address of Claimant
Business Address of Claimant
Clerk's Official
filing Stamp
Claimant's Date of Birth
Claimant's
-
Occupation
Police Officer
Home Telephone Number
Business
-
Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:

Adept Legal Counsel, PC
340 South Lemon Avenue Suite 8933 Walnut CA91789
When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date:june 2018 to present Time:-~----
If claim is for Equltable Indemnity, give dale
claimant served with complaint: _____ _
Chief Ty Henshaw and Captain john Fraijo
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:

Please see detailed letter attached hereto
Describe in detail how the DAMAGE or INJURY occurred.

Please see detailed letter attached hereto
Why do you claim the City of Irwindale is responsible?
City of hwindale is required to protect its citizens. Ty Henshaw acted in his position of Chief of Police of the City of Irwindale in his treatment of Mrs. Avila. He used the power of his position to discriminate against Mrs. Avila when she refused his sexual advances.

Whal DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed.

Claimant is a police dispatcher who works as a subordinate to the Chief of Police. Chief of Police exercises authority over the claimant and there is presence of power in their relationship.

Claimant's Name:

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

To be determined at trial but please see attached letter Give estimated amount of future losses due to INJURY or DAMAGE:

To be determined at trial but please see attached letter Was damage and/or injury investigated by the police? No If yes, what City? Were paramedics or ambulance nailed? No 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:

Name Nilda Chavez 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 yourselfor 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 ,______/ ,_____/ -
71\\ II
Signature of Claimant (if other than claimant, indicate relationship) Typed Name LJ lndlcat•Q North
II
Date
Brian M. Helt, Esq.

Note: Claims must be filed with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72) Adept Legal Counsel PC
340 South Lemon Avenue, Suite 8933
Walnut, CA 91789
(310) 744"5227
June 21, 2022
Via email to: [email protected]
Aleshire & Wydner LLP
Attn: Alison S. Flowers
2361 Rosecrans Ave., Suite 475
El Seguodo, CA 90245
RE: Mariela Avila Claims Against the City oflrwindale: Police Department, Chief Ty Henshaw, and Captain John Fraijo
Dear Ms. Flowers:

Please be advised that this office represents Mariela Avila (hereinafter "Mrs. Avila'') in the captioned matter. If you are represented by counsel, then please forward this letter to your couosel and ask that they contact my office within ten (IO) business days to address all claims explained in detail below. If you are not represented by counsel, please reach out to my office within the above time period to avoid formal escalation of this matter.

This demand letter and the accompanying form, titled, City of Irwindale Claim for Damages To Person or Property shall serve as notice ofclaim in compliance with California Tort Claims Act section910 - 913 .2 et cettera.

Please be advised that this letter constitutes an offer of compromise and settlement under California Evidence Code section 1152 and Federal Rules of Civil Procedure Rule 408, regarding the City of Irwindale's police administration's unlawful conduct toward our client Mrs. Avila. This letter may not be used in any legal proceeding between the parties. This letter is provided in an effort to avoid costly and time"consuming litigation and to seek an immediate, cost"effective, and fair resolution to this case. The description of facts contained herein is not intended to be exhaustive, and we reserve the right to supplement and/or modify the facts as further investigation dictates. We reserve the right to make complaints to the Equal Employment Opportuoity Commission while the City of Irwindale (hereinafter the "City") considers this demand letter.

INTRODUCTION
Mrs. Avila has been employed as a Police Dispatcher with the Police Department for City of Irwindale (hereinafter "Police Department'') since 2007, her husband, Mr. Robert Avila (hereinafter "Mr.

Avila) is a Sergeant with the Police Department, and her stepfather, Richard Breceda is also a retired Police Officer for the City. Ty Henshaw, Chief of Police (hereinafter "Chief Henshaw") for the Police Department and Mrs. Avila began what was then a consensual sexual relationship in June of2018 that continued until April 2019 while Mrs. Avila and Mr. Avila were having marital issues. Despite Mrs. Avila's numerous attempts to end the sexual relationship with Chief Henshaw, he has continued to pursue Mrs. Avila by rubbing his penis on Mrs. Avila without consent during a work event, placing his groin near Mrs. Avila's face while she was fielding dispatch calls, requesting nude photographs, sending sexually charged text messages, and ultimately retaliating against Mrs. Avila when she chose to stop the intimate relationship with Chief Henshaw. This sexual relationship occurred in blatant defiance of Chief Henshaw's morality clause included in his employment agreement and California and Federal Law.

Our client is prepared to file suit to address this conduct and has advised us to cease negotiations should the City fail to engage in good faith and in a timely manner or enter a timely tolling agreement should the City want to investigate the claim rather than resolve it further, our office has reviewed text messages, cell phone records, and interviewed third party witnesses who co11·oborate Mrs. Avila's rendition of the allegations presented within this demand letter. Should the City decide to defend this matter, our client is prepared to make this matter public and levy the full impact of the media to bring light to the City's failure to address its Chief of Police and subordinate officers' conduct.

Since April 2019, Chief Henshaw has continued to make sexual advances towards Mrs. Avila and continues to ignore Mrs. Avila's repeated requests and demands that Chief Henshaw stop these advances.

Chief Henshaw is within Mrs. Avila's chain of command and responded to unrequited sexual advances with a pattern of harassment, in the form of sexual communications, via text, phone call, and in-person at the Police Station, as well as, sexual battery, rubbing his penis on Mrs. Avila, and retaliation against Mrs.

Avila in various forms. In addition to ChiefHenshaw's conduct, he has also enlisted his subordinate officer, Captain John Fraijo (hereinaftel' "Captain Fraijo") to execute on his ill-will and m.alice towards Mrs. Avila by terminating her as Communication Training Officer (he1·einafter "CTO") for new dispatchers and is attempting to arbitrarily and capriciously enforce a nepotism policy so that Mrs. Avila and Mr. Avila carmot work at the same time, despite numerous examples of other officers who have been and continue to be in violation of the same policy.

Chief Henshaw and Captain Fraijo are both supervisors and are superior to Mrs. Avila and Mr.

Avila in the chain of command. There conduct is inputted back to the City oflrwindale through respondeat superior. Based on information and belief, it appears that Chief Henshaw has an extensive history of extramarital affairs, both within the Irwindale Police Department and throughout the City oflrwindale's Administration. At the heait of this matter is whether Chief Henshaw's conduct can be deemed quid pro quo sexual harassment and sexual battery, and whether Chief Henshaw and Captain Fraij o's behavior amounts to retaliation because Mrs. Avila refused to continue to be sexually involved with Chief Henshaw.

We are confident that should this matter proceed to trial, both would be answered in the affirmative.

STATEMENT OF FACTS
Overview of Mrs. Avila's Career with Police Department
Mrs. Avila's stepfather was a Police Officer with Police Department. At the age of 12, Mrs. Avila decided she wanted to pursue a career in Jaw enforcement. Mrs. Avila told her stepfather she wanted to be an FBI agent, he introduced her to the Irwindale Police Department Explorer Program at age 14. She enjoyed her time as a volunteer police explorer and graduated from the San Gabriel Valley Police Explorer Academy with honors and achieved the highest rank as Captain. At the age of 19, she was hired as a parttime police cadet for the Irwindale Police Department. At the age of20, she chose to continue her career at the Irwindale Police Department and applied for a full time 911 police dispatcher position.

Mrs. Avila has been a fuII time 911 dispatcher at the Irwindale Police Department for.15 years.

During that time, she obtained a Bachelor of Arts degree in Political Science with a minor in Psychology from the University of La Verne, specificaily with FBI requirements in mind but ultimately decided that the Irwindale Police Department is where she wanted to be. During her career she has handled various types of calls from the highest intensity including an active shooter in 20I1 for which she rnceived a Medal of Distinguished Service to assisting th~ community's residents and businesses on a regular basis. She has also been asked to train two dispatchers as a Communications Training Officer and she currently serve as Secretary for the Irwindale Police Association Board of Directors. In shott, Mrs. Avila loves being a 911 dispatcher and there is no other job she would rather do 01· any other city she would rather work for.

Throughout her time with the Police Department, Mrs. Avila has always received positive annual reviews regarding her work. She has received only competent, highly satisfactory, and exceptional marks on her reviews. Most recently, Chief Henshaw signed her evaluation on April 22, 2022, with an overall evaluation of performance as being highly satisfactory. Mrs. Avila has received 15 years' worth of annual reviews, and in that time has received 5 highly satisfactory overall ratings, and 10 competeut overall performance reviews. Further, each year there are 25 categories for which she can receive a rating.

Removing the non-applicable sections, she has received 8 excellent ratings, 107 highly satisfactory ratings, and 188 competent ratings, to go along with overall ratings where she was 5 times highly satisfactory and 10 times competent. Any attempt by the City oflrwindale to undermine her dedication, commitment, and quality of work would be met with significant evidentiary opposition.

Mrs. Avila Initial Experiences with Ty Henshaw
Sometime during 2014, Ty Henshaw was introduced to Mrs. Avila as the uew Captain of the Irwindale Police Department. On September 17, 2014, Mrs. Avila and her husband received an email from Chief Henshaw regarding a potential violation of Defendant's nepotism policy. Chief Henshaw informed Mrs. Avila that she could not work the same schedule as Mr. Avila, although they had been working the same or similar shifts without administrative interference since 2007.

Historically and currently, the City hires family members and residents, and this was the first instance of Mrs. Avila and Mr. Avila being unfairly targeted by Chief Henshaw. The Avila's complained and brought attention to then Captain Henshaw that they were the only familial working relationship being asked to change schedules, and only theu did the achninistration require two brothers, DavidFraijo and John Fraijo, who also worked together to alter their schedules as well. The situation was resolved until 2015, when the A vi las were targeted again by Human Resources and the Police Administration. The Avilas reminded Captain Henshaw that past practice allowed them to work together and Chief Anthony Miranda's rule clearly stated that the couple could do so as long as our schedules did not "mirror" each other. The Avilas were again allowed to continue working together as long as their schedules were not the exact same.

Despite believing the issue was resolved, the nepotism issue would be referenced by Chief Henshaw at a later date in 2018, and it continues to be deployed by Chief Henshaw to retaliate against Mrs. Avila. This issue continues to hang over Mrs. Avila and her husband's head at work as coworkers use the nepotism policy as a way to cause hardship for the Avilas or as a form ofretaliation. Mrs. Avila believes, and Chief Henshaw's conduct surrounding this issue indicates, that he arbitrarily enforced the nepotism policy to separate Mrs. Avila from her husband so that he could engage her in a sexual relationship.

In December 2014, Irwindale Police Officer's Association (hereinafter "IPOA'') held their annual holiday party at the home of retired Reserve Office Jeff Spangler in Upland, California. Then Captain Ty Henshaw attended this party. At one point during the evening a group of guests including Mrs. Avila and then Captain Henshaw joined Jeff Spangler for a tour of his new garage. Mrs. Avila was in a corner alone when then Captain Henshaw approached her and said, "it's nice in here, right". Mrs. Avila agreed and asked then Captain Henshaw if he brought his wife so she could meet her. He told Mrs. Avila that he decided to leave his wife at home because he heard there would be "hot chicks" at the party. Mrs. Avila was not familiar with his personality so she simply smiled but was surprised that he made such a bold comment.

Mrs. Avila later told her husband about what Captain Henshaw said and Mr. Avila asked if she felt uncomfortable, if anyone else was around during our conversation and if she felt that his comment was directed toward her. ln retrospect, Mrs. Avila recognizes this was absolutely a comment made to engage her in sexual activity.
2017 Ty Henshaw EJ<]resses His Sexual Interest in Mrs. Avila On or around January 23, 2017 Mrs. Avila received a phone call from an unknown phone number.

It was a male speaking with a deep, breathy, and sexualized voice. When he identified himself as Captain Henshaw, Mrs. Avila could not help but exclaim "eww, you sounded like a creeper!" He laughed and Mrs.

Avila laughed but noted that it was unusµal for him to speak to her iu that manner. The reason for the phone call was to schedule a trial deposition for which Mrs. Avila was a witness. Then Captain Henshaw's tone of voice changed after Mrs. A vii a said he sounded like a creeper and he kept the conversation brief and to the point.

On or around, June 28, 2017, Ty Henshaw was promoted to Chief of Police and quickly made his sexual interest known to Mrs. Avila. After Captain Ty Henshaw was promoted to Chief of Police, he met individually with each member of the department to discuss future goals. Mrs. Avila's meeting with him was casual but professional in tone and he jokingly said to her that he is "not a creeper". Chief Henshaw was pleasant during this meeting and seemed excited in his new role.

In June 2018, Mrs. Avila worked the daytime shift on Mondays, Tuesdays and Wednesdays which overlapped with Chief Henshaw's work schedule. It was during this month that he started making routine visits to the dispatch/records center which is Mrs. Avila's regular post. During most of these visits Mrs.

Avila and Chief Henshaw made small talk and later began to discuss current events. They engaged in banter over their difference in opinion about American politics, specifically Mrs. Avila's involvement with Governor Gavin Newsom 's campaign and Chief Henshaw voting for President Donald Tnunp. At least once a week either in passing or after speaking with the records clerk, Chief Henshaw would comment to Mrs. Avila directly about her being on her cell phone.

He started asking "who are you texting so much?" On one occasion, Mrs. Avila jokingly answered "I am texting you Chief. Check your phone." But she did not actually text him. Mrs. Avila started to get the impression based on how frequently he would ask that he wanted her to text him. He seemed bothered that Mrs. Avila was not texting him or paying more personal attention to him.

On or around the week of June 24, 2018 Chief Henshaw visited the dispatch center with a new summer youth volunteer. Mrs. Avila welcomed the new volunteer and had a short conversation with him and the chief about the records/dispatch center and our duties. Sometime during their talk, Mrs. Avila jokingly said "snitches get stitches''. It was a lightheruted moment that made them all laugh. After Chief Henshaw returned to his office, Mrs. Avila received a text message from a phone number (***-***-5958) that she did not have previously stored in her list of contacts. The text message said, "snitches get stitches".

Based on their previous conversation, Mrs. Avila surmised that it was from Chief Henshaw. However, prior to responding to his message, Mrs, Avila pulled the persollllel roster from the green binder located in the dispatch center and confirmed that the number matched ChiefHenshaw's.

Mrs. Avila answered his text message and the two continued conversing the remainder of the workday. The tone was light and flirtatious and progressed to them complimenting each other on their respective physical appearance. Chief Henshaw told Mrs. Avila he liked her long, dark hair and she told him she liked his blue eyes. The two discussed a wide range of topics both casual and personal. At one point Mrs. Avila asked him why he never wore his wedding ring and why he never brought his wife to social events or station events. He told Mrs. Avila they "lived separate lives", had "separate living quarters", but "stayed together for the kids".

Chief Henshaw Asks Mrs. Avila to Come to His Office for Kiss and Nude Photos Are Exchanged His explanation seemed plausible to Mrs. Avila at the time based on her observations. Sometime during the same week, Chief Henshaw text Mrs. Avila a GIF of the couple from The Notebook kissing and said, "we should kiss". Mrs. Avila felt slightly uncomfortable with his request due to his seemingly unassertive natul'e but said yes.

He said, "come to me" and Mrs. Avila met him in his office for a quick kiss on the lips. The two both smiled and Mrs. Avila went back to the dispatch center and the two continued texting. Sometime during the same week, both Mrs. Avila and Chief Henshaw sent each other nude photos and continued texting until June 27th and 28th while Mrs. Avila vacationed with her family in Rancho Mirage. During the trip, Mrs. Avila told her sister Mariana Rodriguez that the Chief had been texting her and that he seemed interested in pursuing an intimate relationship. Mrs. Avila's sister commented "[y]eah, I can believe that.

He seems like the type that has ten side chicks".

On June 30, 2018 Chief Henshaw and Mrs. Avila continued to text each other for most of the morning and afternoon. He told Mrs. Avila he was disappointed that she did not send him any pictures or attempt to reach out to him during her family trip. She told him she did not have an opportunity to send him any photos and that she was also trying to be respectful of his home life. She also told him about the ,=-~········ ADEPT ... \
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comment her sister made regarding the perception that he is a womanizer. He denied that he is that person and assured me that he "doesn't have time for multiple affairs with multiple women" which she thought was a peculiar response to that statement. The conversation ended that evening before he was to attend a retirement party for Bell Gardens Police Chief Robert Barnes. Chief Henshaw lamented the fact that she would not be in attendance because ill' his words "we could have found a dark corner to hide in and make out".

Chief Henshaw Receives Oral Sex by Mrs. Avila in His Police Department Office During the week of July 1, 2018 Chief Henshaw called Mrs. Avila to his office for another kiss.

When Mrs. Avila entered his office, he was sitting on a chair and they began to kiss. Chief Henshaw held onto the buckle of Mrs. Avila's uniform belt and attempted to place his hand inside the front of heruniform pants but she stopped him because she was menstruating at the time. She began to unzip his police uniform pants and when the zipper got stuck, he unzipped it the rest of the way. Mrs. Avila performed oral sex on him while he sat in the chair of his Police Department Office. Mrs. Avila went back to the dispatch center and the two continued to text for the remainder of the day. He asked Mrs. Avila if she was "shy" and why she stopped him from placing his hand down her pants. She told him it was just not the right time of the month. He said they should arrange to meet at a hotel if she wanted to. The two then scheduled to meet at the Doubletree by Hilton Hotel at 924 W. Huntington Drive, Monrovia, California on July 12, 2018.

Chief Henshaw Begins Having Sexual Intercourse with His Subordinate Mrs. Avila On July 12, 2018, Chief Henshaw and Mrs. Avila met at the Doubletree by Hilton Hotel in Monrovia, California. their evening began in the lobby bar for cocktails. After they finished their cocktails, they went upstairs to a room he had reserved and had sexual intercourse. The two spent approximately two hours in the hotel room.

On July 16, 2018, Mrs. Avila stopped by ChiefHenshaw's office to wish him a good morning and asked how a family party that had occurred the prior weekend was. Mrs. Avila sensed a nervous energy from him that he never had before. His answers were short and he was biting his nails. His nervousness made Mrs. Avila feel confused and uncomfortable so she excused herself and went about her day. Later that week Mrs. Avila decided to text him on one of her days off after not hearing from him. He told Mrs.

Avila it was "killing" him that she did not reach out to him sooner. She reminded him that she was trying to be respectful of his home life and he reminded Mrs. Avila that she could text him anytime she wanted.

Mrs. Avila began to have further doubts that Chief's representations about his marriage were ttue because of how short his responses were whenever she reached out first. She began to suspect that he was not separated from his wife the way he led Mrs. Avila to believe during their earlier conversations. It was becoming clearer that he was not truthful about his relationship with his wife. Despite her suspicions, Mrs.

Avila wanted to maintain a friendly, respectful and professional relationship with him because he was her superior at the Police Department.

On July 22, 2018, Mrs. Avila texted Chief Henshaw to tell him she had separated from her husband.

He asked Mrs. Avila what happened and she told him that she and her husband had an argument on July 19th and that she moved out that same night.

On July 23, 2018 Chief Henshaw called Mrs. Avila from the police station and said 1hat he was worried to call Mrs. Avila from his personal cell phone in case her husband started to wonder if she left him for a third party. Chief Henshaw was worried that her husband would check her phone records and find 1hat they had been texting very frequently. Mrs. Avila reassured Chief Henshaw and told him not to worry.

He said he felt reassured and wished to meet Mrs. Avila at 1he Embassy Suites by Hilton at 8425 Firestone Blvd, Downey California. They met for approximately one hour and had sexual intercourse.

On or around July 30, 2018, Mrs. Avila started training a new dispatcher. Sometime after the first phase of training began, Chief Henshaw called Mrs. Avila to his office under 1he guise of discussing 1he training manual. He closed the door to the lieutenant's office, his secretru.y's office and closed the blinds, and he requested 1hey have sexual intercourse in his office.

In early August 2018, Mrs. Avila met Chief Henshaw at 1he Doubletree by Hilton Hotel at 924 W.

Huntington Drive, Monrovia California. At one point his wife attempted to facetime him and he declined the call and texted her instead. The two then watched an episode of Shahs of Sunset and showered together before going theit" separate ways. The two text each other the remainder of the night until bedtime.

On August 17, 2018, Mrs. Avila moved into the Oak Park Apartments at ••••••• ••••••••. Shortly thereafter Chief Henshaw visited Mrs. Avila's apartment on average once a week through September and early October. The two would have sexual intercourse each time. As a housewarming gift, Chief Henshaw purchased a silver Keurig coffee machine from Amazon and had it delivered to the police station. Mrs. Avila still has the Keurig machine and through subpoena to Amazon will establish it was in-fact from Chief Henshaw.

Mrs. Avila recalls during one such visit that Chief Henshaw played the song "Somebody That I Used to Know" by Gotye on his cell phone and told her that was going to be their song one day. Mrs. Avila asked him about a rumor she heard that he was seen atthe Los Angeles County Fair with a female employee from Irwindale City Hall a couple of years prior. He denied it at first but finally admitted he was there with a "side chick" for whom he was in an extramarital sexual affair.

On another occasion, at Mrs. A vita's apa11ment, the two were having a conversation about 1he Avilas not having children of their own. Chief Henshaw told Mrs. Avila that she better not ever cry to him if she were to get pregnant wi1h his child because he would drive her "straight to Planned Pareu1hood".

Mrs. Avila was visibly shocked by this comment. He then added that if she really wanted a child, he would give her one but he did "not want to be responsible for it". Mrs. Avila recognized ChiefHenshaw's callous disregard for her and that his kind nature was disingenuous and only to bait Mrs. Avila into a sexual relationship.

Mr. Avila Applies and Does Not Receive Promotion to Lieutenant.

On September 4, 2018, Mr. Avila, took part in 1he assessment center presentation for a Lieutenant promotion. Sometime after that date, Chief Henshaw visited Mrs. Avila's apartment and he told her he was displeased wi1h her husband's comments about her during his introduction at the assessment center. He asked why Mr. Avila would mention his "beautiful wife" if the couple was separated. It appeared 1hat Chief Henshaw was displeased of Avilas relationship and became more possessive from that point on. l.Jf""'·~·········· ...
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Chief Henshaw Raises the Issue Nepotism Issue, Again
Chief Henshaw notified Mrs. Avila in one of their encounters that Mr. Avila was spending too much time with Mrs. Avila in the dispatch center and that someone would need "to complain about the violation of the nepotism policy" so that Mr. Avila would not interfere with his sexual relationship with Mrs. Avila. This was a direct reference to the nepotism issue the Avilas confronted in 2014 and 2015.

Chief Henshaw Advocates for and Promotes John Fraijo to Lieutenant and Lieutenant Fraiio Immediately Enforces the Nepotism Policy Chief Henshaw Threatened On September 5, 2018, John Fraijo was promoted to Lieutenant. Shortly thereafter, the Lieutenant Fraij o pulled Mr. Avila aside and instructed him to minimize his time with Mrs. Avila in the dispatch center.

Based on information and belief, this arbitrary enforcement was at the behest of Chief Henshaw. On September 29, 2018, Mrs. Avila spent the day with Mr. Avila for their wedding anniversary. Mrs. Avila told Chief Henshaw that she would not be in contact with him for a couple of hours because her husband was taking that day hard and even though they were separated she wanted to make sure he was okay. After two hours, Chief Henshaw began texting Mrs. Avila's phone asking where she was and why she was spending so much of the day with her husband. This made Mrs. Avila extremely uncomfortable.

Mr. Avila Becomes Aware of Chief Henshaw and Mrs. Avila Sexual Relationship On October 11, 2018, Mr. Avila asked that Mrs. Avila meet him for dim1er at Casa Jimenez in Glendora, California. During diMer, Mr. Avila notified Mrs. Avila that he had found out about Chief Henshaw and Mrs. Avila's sexual relationship. After dinner, Mrs. Avila asked Chief Henshaw to call her immediately. Chief Henshaw was attending a Pink Patch Fundraiser at Spaghetti Eddie's Italian Restaurant in Glendora, California but said he would step outside and call Mrs. Avila.

Mrs. Avila told Chief Henshaw that her husband found out the two had been commmtlcating frequently. Chief Henshaw became worried and asked "but, nothing happened, right?" Mrs. Avila took this to mean that he wanted her to lie if she was to be questioned. Mrs. Avila told him not to worry. Chief Henshaw then represented to Mrs. Avila that he had a morality clause in his contract that forbid him from certain actions, such as engaging in sexual relationships with subordinate officers, such as Mrs. Avila.

On October 12, 2018, Mrs. Avila woke up to several text messages from Chief Henshaw telling her that he was worried and he could not sleep. Around 4:00 pm that evening Mrs. Avila's friend Nilda Chavez arrived at her apartment. Mrs. Avila received a phone call from Chief Henshaw. He was extremely frustrated and upset. At one point he said "[m]otherfucker, you need to take care of this even if it means going back to him and having sex with him. Do what you have to do. Sorry but you have to suck his dick or something".

It was extremely painful for Mrs. Avila to have Chief Henshaw speak to her like this. For the sake of discretion, Mrs. Avila had not told Nilda Chavez about her relationship. But, after receiving constant calls and text messages from Chief Henshaw, Mrs. Avila finally told her friend Nilda Chavez that Chief Henshaw had been harassing her constantly over the last 24 hours, via text and phone calls, for which Mrs.

Avila was not responding to at this time. Nllda Chavez suggested the two go out for the evening to get a break from this harassment from Chief Henshaw. On their drive, Chief Henshaw again called Mrs. Avlla's phone and she answered it over her car's Bluetooth speaker so that Nilda Chavez could here hear. Nilda Chavez listened to the entire conversation and final impression was that "he sounds like a creep".

Mrs. Avila Asks that Chief Henshaw Not to Text Her
Mrs. Avila texted Chief Henshaw and told him not to text her the following morning. Mrs. Avila was extremely upset and hurt by the Chiefs treatment of her and felt used, disrespected, and wanted nothing to do with him at that point. Chief Henshaw ignored Mrs. Avila's request telling him not to bother contacting her and he texted her the next morning.

Again. Chief Henshaw Ignores Mrs. Avila's Request to Stop Contacting Her On October 13, 2018, Mrs. Avila woke up to a text from Chief Henshaw. Mrs. Avila told him that she did not want him to contact her. He asked if he could call her because he wanted to talk. Mrs. Avila, concerned about what he would do if he was upset, answered his phone call and told him she was upset with the way he had reacted and treated her over the last two days. She ended the call by stating she still had no desire to continue speaking to him. He said okay but then a few minutes later texted her saying that he was sad and promised not to ever treat her that way again. Mrs. Avila felt that she was done with him but also wanted to minimize any awkwardness at work so she allowed him to continue texting her.

Throughout the month of November 2018, Chief Henshaw was attentive and continued texting Mrs. Avila eve1y morning and every evening. He made promises to spend more time with her and go away for a weekend together. Worried about her employment, Mrs. Avila eventually agreed to meet at the Courtyard by Marriott at 700 W. Huntington Drive, Monrovia, California. The two had sexual intercourse and spent about an hour in the hotel room. At the end of the month, Chief Henshaw began to request visits at Mrs. Avila's apartment once again. The visits became more and more uncomfortable for Mrs. Avila because she no longer wanted to continue to be in a sexual relationship with Chief Henshaw. Mrs. Avila felt stuck and did not know how to stop the relationship. Despite the requests to stop the sexual relationship, Chief Henshaw continued to pursue Mrs. Avila.

In December 2018, Mrs. Avila and Chief Henshaw rarely spent time outside of work together though he continued to text or call her every day. On December 22, 2018 the IPOA hosted the annual holiday party at Villa Tepeyac, 2200 E. Garvey Avenue S, West Covina CA. The chief was invited to attend. Prior to the party he called Mrs. Avila to say he was looking forward to seeing her and that they should "find a dark cornet· to hide in and make out", which was reference to a statement he made earlier in their romantic relationship. Mrs. Avila attended the holiday party with her mother, Rosalva Breceda. While Mrs. Avila took pictures with Mr. Avila at the Christmas tree, Chief Henshaw sat with Mrs. Avila's mother and asked her if she thought Mr. and Mrs. Avila would reconcile. After the party Chief Henshaw called Mrs. Avila and asked why she took so many photos with her husband and that she should have taken some with him instead. This was unnerving to Mrs. Avila.

Mrs. Avila Desires to End the Relationship with Chief Henshaw On Clu·istmas Eve December 24, 2018, Chief Henshaw texted Mrs. Avila to say he was getting ont of work early and wished to see her. He came over to Mrs. Avila's apartment, again, the two had sexoal intercourse and spent approximately two hours together. He ·said he wanted to spend the day with Mrs.

Avila but knew tbat she had plans to celebrate Christmas with her family. He left and we did not communicate the remainder of the evening.

On Christmas Day December 25, 2018, Chief Henshaw texted Mrs. Avila to wish her a Merry Christmas and asked what she received for Christmas from her husband. She texted him a picture of a monogrammed pinky ring her husband gifted her. Chief Henshaw became jealous and wanted to know why she was receiving and accepting gifts from him ifthe married couple were separated.

On January 8, 2019, Mrs. Avila received a phone call from an unknown number. It was Chief Henshaw calling her from a blocked number. Mrs. Avila felt their exchanges had become toxic and her feelings for him changed.

Chief Henshaw Demands Sex from Mrs. Avila in His Office Under the Guise of Wishing Her HaJlPy Birthday
On January 10, 2019 Chief Henshaw requests Mrs. Avila to his office. He said he wanted to see Mrs; Avila and wish her a happy birthday in person. She thanked him though, but felt no affection for him at that point and was beginning to consider reconciliation with her husband. Chief Henshaw then imposed himself on Mrs. Avila and engaged in sexual intercourse in his office that day. Mrs. Avila intended for it to be the last time she had sexual contact with Chief Henshaw before she talked to her husband about ending their separation.

Chief Henshaw Continues to Contact Mrs. Avila After She Again Requests That Their Sexual Relationship End
At the beginning of February 2019, Mrs. Avila told Chief Henshaw that her and her husband were reconciling and that we were meeting with a realtor to purchase a condominium in the Rosedale community located in Azusa, California. Mrs. Avila sent Chief Henshaw pictures of the condo that the Avila's had decided to make an offer on. Chief Henshaw called Mrs. Avila and told her he was skeptical of their reconciliation. He said that Mrs. Avila could "do better". He told Mrs. Avila he was hoping his wife would meet someone through her social media account and divorce him though he was worried about how it would affect his children. Mrs. Avila recognized his statements as a desperate attempt to win back her affection, a pattern that had occurred for the duration of their sexual relationship. She told Chief Henshaw that she was serious about making it work with her husband. Later the same evening Chief Henshaw persisted in his attempts to change her mind and he continued to text her every day.

Mrs. Avila ls Pushed Again to Have Sexual Intercourse with Chief Henshaw In late February 2019, the A vilas decided to not purchase of the condominium at - . In April 2019 Chief Henshaw asked to see Mrs. Avila at her apartment. Not wanting to anger Chief Henshaw, he came over and the two had sexual intercourse. It was the final time the Chief Henshaw and Mrs. Avila were intimate.

Mrs. Avila Reconciles with Her Husbands and Notifies Chief Henshaw Their Sexual Relationship is Over
On May 18, 2019 Mrs. Avila and her husband reconciled once more. Chief Henshaw texted her that day as he usually did. That evening she told him that she would be out with my friend and not to bother texting her. She told him that she heard he went out to lunch with the female employee from City Hall that he once called a "side chick". He admitted to going to lunch with her but stated that he had not engaged in any inappropriate activity with her. Mrs. Avila told him that it was okay if he was seeing her because Mrs.

Avila was moving on. He begged Mrs. Avila not to find someone else and claimed that he was not doing anything wrong.

She told him that she wished for them to be friends. He asked if she was "breaking up with him".

She told him that they both knew this day would come whether she moved on with someone new or made it work with her husband. He once again did not accept her rejection or her statements telling him that it was over. He continued to text her both while she was at home and at work. One time he texted her telling her he heard her on the police radio and that Mrs. Avila smmded "sad". A second time he texted her at 2:00 am asking how she was doing.

Chief Henshaw Continues to Contact Mrs. Avila To Engage Her in a Sexual Relationship On June 5, 2019 Mrs. Avila opened Escrow with her husband for the condominium they now live in. She told Chief Henshaw and sent him pictures. He scoffed at her second attempt to put·chase a home with her husband. He said that they were going to end up paying the owner a penalty fee again for canceling Escrow when they broke up. Chief Henshaw continued to text her every day until she and her husband moved into their new home together. During their conversations, he wonld usually tell her he missed her and wanted to see her. Other times they would talk about work or current events.

Chief Henshaw Stands with His Groin Inches from Mrs. Avila While She is Taking 911 Calls On July 4th, 2019 she was working in the dispatch center alongside her husband during the busiest night of the year for the Irwindale Police Departtnent. Her husband stepped out briefly and Chief Henshaw came into the dispatch center. She was facing toward the computers, radio system and had the phone receiver in her hand. The chief towered over and behind her while she was handling several important 911 calls. She felt deeply uncomfortable with him standing over her. At one point he positioned himself so that his crotch was inches from the right side of her face while she was sitting and dispatching multiple active fire calls. It was mmecessal'y and unusual fol' Chief Henshaw to stand that close to any dispatcher. Mrs.

Avila felt intimidated and could sense that he wanted her to turn around to pay attention to him. She maintained he!' priorities and continued doing her job while ignoring his p!'esence until he realized he would not get what he wanted and left.

Chief Henshaw Continues to Text Mrs. Avila He Misses Her On or around August 13, 2019 Mrs. Avila and her husband began living together at theirnew home.

Chief Henshaw asked her if she was officially moved in and she said yes. He texted her "Congratulations" with an eyeroll Emoji. He ignored her response to him. It was appru·ent that he became upset and stopped texting her fol' a week. One week later he texted her saying he missed her.

Mi's. Avila's Recognizes He1· Emotional Trauma from Being Coereed Into Sex By Chief Henshaw From September 2019 through the end of the year, Chief Henshaw texted her spo!'adically. It was usually on Wednesday mornings while her husband was at work. He asked how she was doing and told her he missed her. These months became difficult for her both mentally and emotionally. The full weight of what transpired over the year hit her hard. She felt ashamed and foolish for believing his lies and feeling scared to end her involvement with him. She felt like a weak and terrible person for tolerating Chief Henshaw's terrible treatment, objectification, and sustained negative comments about her husband solely to appease him. There were countless times she cried both at work and at home out of sorrow for allowing herself to be mistreated and used for the ChiefHenshaw's purposes. Despite the anguish that she would carry with her for years as a result of having been in that situation, she had a strong desire to move forward in a peaceful work enviromnent. She made every effort for herself, her husband and Chief Henshaw to coexist professionally as best as possible.

Mrs. Avila Fears Retaliation from Chief Henshaw
On October 29, 2019 Mrs. Avila received a text message from Chief Henshaw while she was <>n vacation in Italy with her mother. He asked why she had not told him she left the country and that he was saddened that he had not "heard a peep" from her. At this point they were not in communication as often as they were in the past. She reminded him that he had stopped texting her as well. He said not to "turn it around on him". She was in a taxicab enroute to her hotel in Tuscany when she sent him pictures of The Coliseum in Rome, Vatican City, and Michelangelo's David. The following day she sent him a picture of the Leaning Tower of Pisa. On October 3 lst she wished him a safe Halloween and he wished her a safe trip back home. She texted him when she arrived at LAX on November 2nd. She felt guilty that his feelings were hurt over their lack of communication because she was fearful ofretaliation.

Chief Henshaw Continues to Text Mrs. Avila When Her Husband was At Work In November 2019 ChiefHenshaw continued to text her ou Wednesdays when her husband was at work. His messages were brief and pleasant. He asked how she was doing and wished her a good day. She was unc<>mfortable with these contacts because even though he acted sincere and wanted to be a friend, she sensed it was disingenuous and she was scared that if she did not continue to communicate he would retaliate.

Chief Henshaw Rubs his Penis on Mrs. Avila at IPOA Christmas Party On December 14, 2019 the IPOA hosted the annual Christmas party. Mrs. Avila went to buy a drink at the bar and Chief Henshaw came up behind her and insisted she let him buy her drink. She declined at first because she thought it inappropriate since her husband was in the next room. He insisted once more so she allowed it and thanked him. While she waited for her drink, he mbbed his crotch up against her buttocks at the bar but she did not react so she would not cause a scene. Mrs. Avila felt scared, used, and taken advantage of. In predatory fashion, the Chief knew Mrs. Avila would not want to make a scene. This made her feel extremely vulnerable and uncomfortable because the bar was full of colleagues from work, city .dignitaries and several members of her family were in the next room. She was worried that someone would see what was happening, so she took her drink and quickly left the bar area. That same evening Chief Henshaw and Lieutenant John Fraijo were in the comer of the bar with a female guest who appeared to be uncomfortable. Mrs. Avila went over to speak with her and overheard the chief telling her that if she was interested in coming to Irwindale he would "unfreeze" a dispatcher spot. Mrs. Avila interrupted and notified the female guest that the chief did not have the authority to unfreeze a position, only the city council did.

Tue chief appeared visibly upset and walked away. She was all too familiar with the chiefs tactics and her intention was to help the female guest out of a situation she did not seem to want to be in.

On December 25, 2019 Chief Henshaw texted her Meny Christmas. They texted each other at length and he told her he missed her. Mrs. Avila was rightly scared of Chief Henshaw at this point, and attempted to keep her communications pleasant and with a friendly tone.

From January through Februruy 2020, Chief Henshaw and Mrs. Avila rarely saw each other at work and communicated sporadically. This was a much-appreciated respite from incessant sexual advances. In March 2020 the Irwindale Police Department dealt with the beginning of Covid-19 pandemic protocols.

During this time, Chief Henshaw and Mrs. Avila had limited but professional interactions. Again, Mrs.

Avila was greatly for the need to social distance from Chief Henshaw.

During the week of May 31, 2020 the Irwindale Police Department transitioned to 12-hour tactical deployments for the Black Lives Matter protests. Chief Henshaw and Mrs. Avila saw each other often that week in passing. He texted or visited the dispatch center in the mornings and called her twice that week.

Both of the times they spoke on the phone he disparaged her husband. It was not unusual for him to speak poorly about her husband but he did so more noticeably that week. She believes it bothered him to see her marriage was still intact.

For the remainder of 2020 Chief Henshaw and Mrs. A vii a had very little contact.

On February 22, 2021, Mrs. Avila and her husband began maniage therapy once a week on Mondays. Chief Henshaw was a frequent topic. Her and her husband both discussed with our therapist how they were and continued to be impacted both personally and professionally.

Chief Henshaw Attempts to Lure Mrs. Avila to his Office with a $50 Amazon Gift Card On April 15, 2021 the dispatchers each received a $50 Amazon gift card from Chief Henshaw for National Telecommunications Appreciation Week. She did not innnediately claim her gift card and Chief Henshaw became annoyed. On April 27, he sent her an email with an eyeroll emoji reminding her of her gift card. When she responded to his email on April 28, he called her in dispatch and said he was still rolling his eyes. She apologized and told him she would clahn it by the end of the day. Mrs. Avila was extremely uncomfortable going to Chief Henshaw's office because of his practice of calling her there to engage in sexual acts, for which she no longer wanted to do.

Chief Henshaw Again Lures Mm. Avila to His Office and Gloats About Discord It Causes the Avilas
On May 27, 2021, she began training a new dispatcher, Annineh Burton. Around that date, Chief Henshaw called her to his office and closed the door. He thanked her for agreeing to train the new dispatcher. She felt that he was sincere and understood her hesitation to train again after she declined in 2020 due to lack of support from the administration. He asked her who took over for her in the dispatch center while she met with him. She told him her husband was relieving her while she took a short break. He laughed and told her that her husband was going to be so upset that she was in there with hhn. She felt that Chief Henshaw took pleasure in causing discord for her and her husband. She told Chief Henshaw she better get back to work.

When she arrived back in the dispatch center her husband was visibly bothered and asked her why she was in ChiefHenshaw's office behind closed doors. She told him that the chief was thanking her for training the new dispatcher. Mrs. Avila's husband told her that while she was in the restroom prior to meeting Chief Henshaw, he saw the chief place a row of chocolates leading from the restroom door to the dispatch center.

Her husband walked out to the hallway and said, "what the fuck is this?" and the chief immediately went back to pick up the chocolates. She did not personally witness his actions but believes Chief Henshaw was attempting to gain her affection once more by leaving her chocolates outside the restroom as a romantic gestnre.

Chief Henshaw Disparages Mrs. Avila's Husband's Weight and Attempts to Rekindle the Sexual Relationship
On or around July 12, 2021 Chief Henshaw visited the dispatch center while she was working. He closed the door behind him and said "300 pounds? How can you support that on top of you?" He was referring to her husband's weight calculation during a weight loss competition among several police officers that sunnner. He asked how training was coming along with her trainee and why she have not kept him updated on a weekly basis. She told liim that she did not keep him updated because she was having difficulty but in reality, she did wanted limited communication with Chief Henshaw. She knew from previous interactions that Chief Henshaw did not like to hear bad news and she feared how he would react.

She said to him that he had trouble hearingthe truth if it was not favorable. He told her she was "full ofit'' and that he thought she would be missing him and reach out. He seemed to want to repeat the year 2018 when she had her first trainee and he was heavily involved in the training program. To her knowledge, it was not customary for the chief of police to be so hands on with training, but he took particular interest when she was the Communications Training Officer.

Mrs. Avila's Trainee Resigns and Chief Henshaw Uses it to Bait Mrs. Avila Into a "Good Dicking" On July 14, 2021, Mrs. Avila's trainee resigned. Chief Henshaw thanked her for her hard work and Mrs. A vi la apologized that it did not work out with her. He told her he was going to have Human Resources start the hiring process for anew dispatcher inunediately. She thanked him for his support and told him that she was ready for the next trainee.

On July 21, 2021, Lieutenant John Fraijo requested to meet with her to discuss her former trainee's exit interview. Corporal Diego Cornejo was also present atthe meeting as her direct supervisor. The meeting did not go well as she felt that Lieutenant Fraijo was accusing her of being "too tough" on the trainee. She noticed that neither superior office gave her an opportunity to share her side or bother to ask what her experience was during training. Every time she attempted to speak he raised his voice higher and cut her off. This led Mrs. A vi la to believe this treatment was ordered by Chief Henshaw because she had stopped their sexual relationship. Mrs. Avila had documented numerous issues with trainee that support her reasonable concerns about performance. Part of her job as a trainer was to ensure performance was competent because lives were quite literally on the line.

It was clear at this time, that Chief Henshaw had tasked his underlings to take out his malice on Mrs. Avila. Rather than continue in this position where Chief Henshaw could exert his authority, she told y]them she would no longer be training. For which, Lieutenant Fraijo told her "[y]es, that is best." After the meeting with Lieutenant Fraijo, Mrs. Avila texted Chief Henshaw to tell him what happened and that #"=·u·- .. !/ADEPT \
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she was extremely upset by the way Lieutenant Fraijo handled the meeting. Chief Henshaw told her to calm down and that she just needed a "good dicking".

This comment confirmed Mrs. Avila's suspicion that the Chief had used the situation with the trainee to set up the situation to humiliate her and then attempt to lure her back into a sexual relationship.

Mrs. Avila was sad, scared, and disheartened that the chief would do this to her for his own sexual gratification. Mrs. Avila has dedicated the majority of her life to the Policed Department and takes great pride in her work. She told him that his comments were not helpful and ended the conversation.

Mrs. Avila Formally Resigru; at Communications Training Officer to Avoid Further Harassment by Chief Henshaw
Fearing that Mrs. Avila would either continue to be harassed or be stripped of her position as Communications Training Officer, Mrs. Avila decided to instead formally resign on July 22, 2021. Chief Henshaw accepted her letter ofresignation and never bothered to follow up with her. However, Lientenant Fraijo has not apologized to her directly yet he has admitted to three colleagues (Brain Aguilar, Manuel Campos, Diego Cornejo) that he mishandled the meeting with her and regretted telling her that it was best she no longer train. Mrs. Avila did not want to resign from my position as CTO but she felt that she had no choice. Mrs. Avila has lost wages and the dispatch team has suffered hardship by no longer having her on as a CTO. It has also caused a rift between herself and the other dispatchers though they are not aware of exact circumstances of the situation and why she resigned. No other dispatcher has had to deal with the additional stress of being scrutinized by the administration every time they had a trainee. It is unfortnnate that she will no longer be able to pass on the decades of experience she has to new members of the department. Mrs. Avila is constantly asked by her colleagues to reconsider and train again, and necessary · many would testify on behalfregarding her skill as a trainer. She misses being a CTO and would have never resigned her position had she not been retaliated and harassed for decling a sexual relationship with Chief Henshaw.

ChiefHenshaw Continues to Harass and Send Sexualized Text Messages to Mrs. Avila On July 30, 2021, she and her husband attended a retirement party for former Irwindale Police Chief Anthony Miranda. Chief Henshaw was present as well. When she and her husband arrived, they sat at a table away from Chief Henshaw, but he came over to greet them. A few minutes later she received a text message from Chief Henshaw with one letter, "P". It was a nickname that he sometimes used when he texted her. It stood for "pussy". lt was apparent that he only wanted to speak to her about sex and not about any work-related matters. He ignored her concern about how she was treated by his lieutenant a week prior yet he initiated a sexual text message that evening. He only wanted to spealc on his terms and when it dealt with sex.

IPOA Votes to Exclude Chief Henshaw from Holiday Party But Later Rescinds Vote On November 24, 2021 the IPOA held ameetingto discuss several topics. One of the agenda items was concerning the annual holiday party and who was to be invited. The board members, which included Mrs. Avila andher husband, were conscious of the factthat they were still in a pandemic and that they were in the middle of contract negotiations with the city. They wanted to celebrate the holiday while reducing the risk of spreading any potential Covid-19 infections outside of the association. Traditionally, the JPOA invites dignitaries such as the Irwindale City Council and the ChiefofPolice to celebrate with them however it was a negotiation year and they wanted to avoid the formality of the proceedings to be reduced to casual conversation at the party. With all of those considerations, her husband Robert Avila made a motion to only invite association members which would exclude the city council, police administration and other nonIPOA staff from the department. The motion passed with a majority vote but was rescinded when several IPOA members realized that they did not want to exclude non-IPOA staff members such as the records division. There was a final vote and the official decision was to invite all department members including the Chief, his administration ruid all non-IPOA staff.

Chief Henshaw Says "Fuck the IPOA'' During City Anuual Holiday Lunch On December 2, 2021 the City ofirwindale hosted their annual holiday lunch. Chief Henshaw, IPOA President Manuel Campos and several members of the police department were in attendance. The Irwindale City Council including the mayor and other city departments were present. After the luncheon, IPOA President Manuel Campos told Mrs. Avila and her husband that Chief Henshaw was very upset about the initial vote at the IPOA meeting in November to exclude the administration from the holiday party. At one point, Manuel Campos witnessed Chief Henshaw approach a table occupied with police department members and said "fuck the IPOA" while gesturing with his middle finger. Dming their conversation with President Campos, she and her husband expressed our concern with Chief Henshaw's inappropriate behavior at a city event where the city council was present. They felt that it could be damaging to the IPOA negotiations for the Chief of Police to be publicly expressing negativity toward the department. Manuel Campos told her and her husband that members of the association leaked confidential information from the November meeting including who made the motion to vote regarding the holiday party. When Manuel Campos spoke with ChiefHenshaw about it, he said "what did I do to the Avilas?". It was at this point that her and her husband realized they were identified as leading the vote. They were bothered that their names were specifically tied to a majority vote at ameeting and they also wanted to clear up any misunderstanding about om intentions.

Chief Henshaw Ignores Avilas Calls Re: IPOA Holiday Party Vote On December 6, 2021, her husband attempted to call Chief Henshaw to explain that he was not singled out from attending the holiday party and that it was ultimately decided to invite all department members, including his administration. Chief Henshaw sent her husband's call to voicemail and did not call him back. Her husband proceeded to call Lieutenant Fraijo and told him that he and the chief were invited by the association to the holiday party and that as a board member he was personally reaching out to invite them. He attempted to clear up any misunderstanding and hoped that they would attend. Lieutenant Fraijo told her husband that the "chief's feelings were hurt" and that he was going to stand by him and decline attending. She also reached out to Chief Henshaw that same day and told him that it was a misunderstanding, the association should not have leaked confidential information and that she did not want him to be upset.

As a board member, she personally invited ChiefHenshaw and asked him to reconsider attending. He told her that he would not be in attendance. After she and her husband both made personal attempts to invite Chief Henshaw, he made several conunents to department members throughout the month of December referencing not being invited to the IPOA holiday party.

Chief Henshaw Attempts to Meet Up with Mrs. Avila Again for Sexual Intercourse On December 25, 2021, she texted Chief Henshaw to wish him a Meny Christmas. She asked him ifhe was "still going around saying fuck the IPOA''. He denied having said that. She reminded him that as the chief of police they look up to him and that anything he says is taken to heart. She told him that she heard from several members of the department that he was making comments about not being invited to the holiday party. He told her he was joking about it. She responded by telling him that the staff members were not taking it as a joke and that things are no longer said in jest after they are brought up several times.

She reminded him that he and his administration were invited multiple times by multiple IPOA board members and that they did not understand why he was still upset and lashing out. He assured her that he was not upset and proceeded to change the subject. He told her he missed her and wished to meet with her "soon''. She left the conversation open-ended about meeting him. She did not set any dates to see him since the last time in April 2019 despite his asking several times since then. Mrs. Avila did not want to openly reject him because she felt that despite his assurances rejecting him might result in mot·e harassment and retaliation.

Unprompted Chief Henshaw Asks for a Nude Photo of Mrs. Avila On January l, 2022, Mrs. Avila texted Chief Henshaw to wish him a Happy New Year. He thanked her and in the middle ofthefr conversation he asked for a nude photo. She did not send him one and told him that she was on her period. It was a bold request given that she had stopped sending him nude photos years prior.

On January 5, 2022, Chief Henshaw texted her to wish her a Happy Bhthday. He asked what her plans were and she told him she was in Miami, Florida for the week with her husband. She sent him pictures of the beach and a selfie from a rooftop restaurant. He responded with an eyeroll emoji and commented "how romantic". She asked him how his workday was going and he abruptly ended the conversation. It was reminiscent of how he ended conversations with her in the past when he became jealous that she was spending time with her husband.

On January 13, 2022, she texted Chief Henshaw regarding a contentious council meeting the day pri01\ His requests forthe council to approve a captain position for Lieutenant Fraijo were met with ire from the community and it was declined at that time. During the meeting he got into a dispute with a vocal resident. She told him that as a friend and as his subordinate, she wanted him to strive to he a good chief and keep the depaitment' s relationship with the community at the forefront. She said that there was a reason the community did not want Lieutenant Fraijo to be a captain. She told the chief that he should consider his own reputation and that it would be a mistake to continue pushing the council to approve an unpopular request. He briefly responded by saying thank you and that he respected her insight. There was no further discussion.

On February 21, 2022 Mrs. Avila sent an email to Human Resources including Chief Henshaw, Lieutenant Fraijo and IPOA President Manuel Campos regarding a violation of California Labor Code section 6409.6. Neither Lieutenant Fraijo nor the human resources department sent a formal notification to the police department notifying them of two potential Covid-19 exposures within one week. She texted Chief Henshaw to apologize for involving him in a matter that could have stayed hetween human resources and the lieutenant but she wanted him to be aware that his second in command mishandled a Covid-19 related issue. During their conversation, she called Lt. Fraijo the most incompetent administrator to which Chief Henshaw responded with a laughing emoji and said he "loved [her] candor". She did not expect him to openly agree with her evaluation of his lieutenant but it was clear that he was not bothered by it nor apologized for his administration's part in mishandling Covid-19 protocols.

Chief Henshaw Invites Mrs. Avila to Staff Meeting
On February 28, 2022, she was invited by Chief Henshaw to her first staff meeting as an IPOA board member despite having been on the IPOA board the year prior. It was set for March 15, 2022. She planned to be in attendance.

Chief Henshaw Gives Mi's. Avila a Cigar Cutter to "Cut the Extrn Foreskin" of Her Husband's Penis and Tells Her The Two Should Meet Up For Sexual Intercourse On March 9, 2022, Chief Henshaw visited the dispatch center to say hello and stated that it has been a long time since he has seen her. He asked how she was doing. They briefly discussed the council meetinghe was going to attend and Mrs. Avila wished him good luck. He briefly left to his office and came back with a custom-made cigar cutter and told her to hide it from her husband. She told him she did not smoke cigal's and he told her she could use it to "cut the extra foreskin" which was a reference to her husband's penis. Mrs. Avila was again, scared, sad, and shocked by his statement, she covered her mouth and told him he was "disgusting''. He told her again to hide the cigar cutter from her husband and also said that they should meet up soon before walldng out of the dispatch center.

On March 15, 2022 Mrs. Avila attended Chief Henshaw's staff meeting which included his administration, supervisory staff, the records clerk and all IPOA board members. During the staff meeting Mrs. Avila voiced several concerns. As an IPOA board member, Mrs. Avila defended the police department staff when the chief commented that the officers "don't work hard". In the past, the city council has considered doing away with the frwindale Police Department in favor of the Sheriff's Department. The concern is that his comments could reach City Hall, the City Council and members of the community. Mrs.

Avila reminded the chief that the association has worked very hard to secure the support of the community but if the Chief of Police is making comments that the police department is not active, it may harm us especially during negotiations.

Mrs. Avila also questioned Chief Henshaw about a San Gabriel Valley Tribune article and accusations that the administration lost records of the 911 tapes and radio traffic from a shooting outside of a council member's party on Christmas Day 2021. Mrs. Avila asked him for an explanation for two reasons.

The first is that if it was to become an investigation Mrs. Avila would be called forth as a witness since Mrs. Avila was the dispatcher working that night. The second is that some IPOA members felt that the chief was not defending the officers response to the shooting or denying false claims about lost evidence.

Mrs. Avila also pushed back on the chiefs admonishment and accusations about members of the department spteading rumors that he is "checked out" and that he is retiring. Mrs. Avila reminded him that he is the one openly telling employees that he is 50 years old and does not care about anything because he can leave whenever he wants. He is also telling members of the community that he wants to retire within 2 years. Mrs. Avila spoke about her concerns for the dispatch team regarding a new monthly case reporting program that his secretal'y was attempting to tum over to them. From experience, Mrs. Avila reminded both him and his secretary that it was an impossible task for the dispatch team. The first time we were assigned the task of doing the monthly reports, which is typically a supervisor's duty, it was difficult to complete due to the time consumption, us not having partners and most of all because we are responsible for emergency 911 calls. The dispatch team does not have hours at a time to be on the phone with support staff if we needed assistance with the reports. As an IPOA board member, Mrs. Avila suggested a new call list in the event of a vacant shift within the dispatch team since we had a reclassification. The records clerk was now also a dispatcher by title and that meant that she should be considered for priority over the chief's secretary.

Mrs. Avila also suggested that the Community Service Officers should be cross trained instead of having to pull officers from patrol to write parking citations. Lastly, Mrs. Avila told the chief that it has been 15 years since the department had top tier equipment and were additional training. There is concern among several IPOA members that the administration is only focused on their agenda and that they do not focus enough of the department budget on items that would benefit the majority. Instead, the chief spent the better part of the last year continuously asking for the city council to approve a captain position which came at a cost that was not budgeted by the city. Despite the concerns that Mrs. Avila voiced on behalf of and for the benefit of the IPOA, Mrs. Avila told Chief Henshaw that Mrs. Avila hoped he could lead a good administration and do right by the department and its members.

Chief Henshaw Stares and Winks at Mrs. Avila During the Meeting During the meeting, Chief Henshaw winked at her several times and attempted to make extended eye contact. Mrs. Avila was uncomfortable and bothered by his actions because in addition to being sexual he was not taking her co1U1Uents and concerns seriously. It was deeply troublesome and dishemtening that Mrs. A vita was being treating differently than the other staff members present at the meetiug. Mrs. Avila did not see him winking or attempting extended eye contact with others. !twas once more painfully obvious that Chief Henshaw only wanted Mrs. Avila around for sexual gratification. After the meeting, Mrs. Avila told her husband that the chief winked at me several times and that it made her uucomfmtable.

Chief Henshaw Excludes Mrs. Avila from Next Staff Meeting On April 4, 2022 her husband, Sergeant Robert Avila received an email from Chief Henshaw inviting only sergeants, corporals, the records clerk and his secretary to his staff meeting scheduled for May 4, 2022. Mrs. Avila was excluded from attending future staff meetings. Mrs. Avila asked President Manuel Campos to speak to the chief about why they were disinvitiug IPOA board members at this time when it was his practice since 2016 to welcome all. The chiefresponded to him that this was the way he wanted it and that there were three other board members who would be in attendance. Based on his statements, he did not mind IPOA bom·d members preseut but it was apparent that the chief specifically did not want Mrs.

Avila to attend. MI'S. Avila emailed Chief Henshaw on April 5, 2022 to address his decision not to allow her presence at future meetings. The Chief Henshaw ignored her email and made no effoits to speak to her since then. Mrs. Avila was again punished for not reciprocating or agreeing to maintain a sexual relationship with Chief Henshaw.

Captain Fraijo Intentionally Withholds Necessruy Training for New 911 System from Mrs. Avila On May 9, 2022 Mrs. Avila received a message from her direct supervisor, Corporal Diego Cornejo at approximately I 0:00 pm informing her that Captain Fraijo wanted him to give her access to a new textto-911 program. Mrs. Avila asked Corporal Cornejo if they would stop logging into the old system or if they were only in the testing phase of the new system. He told her that in less than 24 hours we were going to go live with the new progrfilll. Mrs. Avila had been informed by one of her colleagues, Ivania Sanchez, that she and her partner were given early access days in advance while Mrs. Avila was never even advised that this progrrun was coming. Mrs. Avila emailed both Captain Fraijo and Corporal Cornejo her concerns regarding the liability involved with not being properly trained before going live with a 911 system. Mrs.

Avila is at a disadvantage while all of her colleagues were fully prepped ahead of the launch. They had days to review the extensive training videos and support links while Mrs. Avila had only hours. Corporal Cornejo confirmed to her that Mrs. Avila was the only dispatcher not directly emailed by Captain Fraijo regarding the new progrfilll. Again, it becallle c!eru· to Mrs. Avila that Captain Fraijo is aware of ChiefHenshaw's negative feelings toward her and possibly has knowledge of the previous sexual relationship. Failing to provide adequate training to sabotage Mrs. Avila is a form of retaliation.

Mrs. Avila has been targeted, sexually harassed and battered, discriminated, and retaliated by Chief Henshaw. In effect, her work performance, salary, and feelings of safety as a woman have been compromised. It is for these reasons Mrs. Avila has sought counsel and plans to bring forth these claims against the Defendants.

GENDER DISCRIMINATION & HARRASSMENT
In order to establish a prima facie case for gender discrimination, the Plaintiff must show the following: (1) She was a member of a protected class; (2) she was qualified for the position sought or was perfonning competently in the position held, (3) she suffered an adverse employment action, and (4) some other cil'cumstance suggests discriminatory motive. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 323. "If, at trial, the plaintiff establishes a prima facie case, a presumption of discrimination arises. [Citations,]" (Guz, supra, 24 Cal.4th at p. 355.) "Accordingly, at this trial stage, the burden shifts to the employer to rebut the presumption by producing admissible evidence, sufficient to 'raiseO a genuine issue of fact' and to 'justify a judgment for the [employer],' that its action was taken for a legitimate, nondiscriminatory reason. [Citations.]" (Id. at pp. 355-356.) Sandell, supra, 188 Cal.App.4th at 307-08. "If the employer sustains Ibis burden, the presumption of discrimination disappears. [Citations.] The plaintiff must then have the opportunity to attack the employer's proffered reasons as pretexts for discrimination, or to offer any other evidence of discriminatory motive. [Citations.] Jn an appropriate case, evidence of dishonest reasons, considered together with the elements of the prima facie case, may permit a finding of prohibited bias. [Citations.]" Sandell, supra, 188 Cal.App.4th at 308.

Mrs. Avila is a woman and is thus, a member of a protected class. Mrs. Avila worked with very few issues and positive performance reviews for over a decade, as evidenced by her yearly reviews consistently either being competent or highly satisfactory. Mrs. Avila was qualified for her position and had no performance issues affecting qualification. In fact, Mrs. Avila received a Medal of Distinguished Service for the outstanding performance observed at her position. Despite her experience and exceptional perfonnance, Mrs. Avila suffered an adverse employment action when she was forced to resign from her position as Communications Training Officer in 2021 for a loss of pay and status. Chief Henshaw continued to sexually harass Mrs. Avila because he is sexually attracted to women and continued his harassment long after the end oftheil' consensual relationship. After turning down the relentless requests for sexual favors by Chief Henshaw, Mrs. Avila was suddenly excluded from important and necessary meetings and emails with no warning and no reason given. Based on Mrs. Avila's outstanding record of better than expected work, there is no legitimate reason for her to suddenly be left off of important work communications.

FAILURE TO PREVENT DISCRIMINATION, HARASSMENT. OR RETALIATION An employer has a duty to prevent discrimination and harassment in the workplace. Northrop Grwnman Corp. v. Workers' Comp. Appeals Bd (2002) 103 Cal.App.4th 1021, 1035. Once the employer is on notice, it must act immediately to attempt to end the harassment or discrimination and deter future harassment or discrimination. M.F. v. Pacific Pearl Hotel Management LLC (201&) 16 Cal.App.5th 693, 70 I . This includes a duty to take temporruy steps while they investigate the claims, and to put pennanent steps in place to avoid further harm. Ibid.

Mrs. Avila has been harassed to the point of lost wages, respect, title, and sense of security in the workplace. Mrs. Avila notified the employer of her discrimination in an email to Chief Henshaw notifying him that he had excluded Ms. Avila from future staff meetings. Despite this, Defendant took no action to rectify the situation and failed to take any of the steps required to prevent such harassment in the workplace.

Thus, Defendant breached their duty to provide a safe and fair environment for peaceful mediation.

Therefore, Defendant is liable to Mrs. Avila for failing to prevent discrimination and harassment in the workplace.

The employer failed to install any safeguard to protect its employees from Chief Henshaw. Mrs.

Avila was experiencing sexual harassment from her highest superior. There was no one else that she could contact regarding her sexual harassment. The employer was on notice of the harassment since it was Chief Henshaw who was harassing her. This type of harassment from a high-ranking official opens up the employer to automatic liability. Under the Fair Employment and Housing Act (FEHA), an employer is strictly liable for the harassing actions of its supervisors and agents. Chapman v. Enos (App. I Dist. 2004) 10 Cal.Rptr.Jd 852, 116 Cal.App.4th 920. Therefore, as a high"rruiking supervisor in the Irwindale Police Department, the City of Irwindale and the Police Department are both subject to strict liability in any case where it is found that Chief Henshaw or any similarly situated supervisor subjects another employee to harassment.

SEXUAL HARASSMENT
To establish a prima facie case of sexual harassment that creates a hostile work environment, the plaintiff has the burden to show, (1) that the plaintiff was an employee of, or a person providing services under a contract with, the defendant; (2) the plaintiff was subjected to unwanted harassing conduct because she was a woman; (3) that the harassing conduct was severe or pe1vasive; ( 4) that a reasonable woman in the plaintiff's circumstances would have considered the work environment to be hostile or abusive; (5) that the plaintiff considered the work enviromnent to be hostile or abusive; (6) that a supervisor engaged in the harassing conduct or the defendant or its supervisors/agents knew or should have known of the conduct and failed to take immediate and appropriate corrective action; (7) that the plaintiff was harmed; and (8) that r~ /ADEPT -~ LEGAL \
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the conduct was a substantial factor in causing the plaintiff's harm. Gov. Code, § 12940, subd. G). In determining what constitutes as sufficiently severe and pervasive conduct, the Supreme Court in Burlington Industries, Inc. v. Ellerth, weighed three factors, (1) the frequency and severity of the conduct; (2) how physically humiliating or threatening the conduct, and (3) whether the conduct was targeted at the Plaintiff. (Burlington Industries, Inc. v. Ellerth (1998) 524 U.S. 742.) Additionally, hostile work environment sexual harassment cases may involve various fonns of verbal and physical conduct, including, both sexual or nonsexual nature, which have the purpose or effect of creating a hostile or offensive work environment.

Faragher v. City of Boca Raton (1998) 524 U.S. 775, 789.

However, the harassment need not be severe and pervasive in order to impose liability; either severe or pervasive will suffice. Hostetler v. Quality Dining, Inc. (7th Cir.2000) 218 F.3d 798, 808. Under Title VII, sexual harassment is considered "severe or pervasive" only when it"' "alter[s] the conditions of[the victim's] employment and create[sJ an abusive working environment."' "Hughes v. Pair, 46 Cal. 4th 1035 at 1042, 209 P.3d 963 (2009). Taken into account must be the surrounding circumstances, such as the" ' "frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." ' " Id. at 1043. Courts since have been pretty clear, as outlined below, that consistent harassment over a long period of time will satisfy the severe or pervasive requirement. See Melissa Borek, et al., v. City of Los Angeles, et al._(Case No. CV 99-11575-TJH(Ex)).; Fullerv. City of Los Angeles, L.A.

Co. Super. Ct. #BC346464 (Unpub. 2008).; Linda ALLSTOT, Plaintiff, v. CITY OF LOS ANGELES, a municipal corporation, and Does 1through100 inclusive, Defendants., 2016 WL 11469651.

In the case of Melissa Borek, et al., v. City of Los Angeles, et al._(Case No. CV 99-11575-TJH(Ex)), many similar facts led to a jury verdict in favor of the plaintiff. Officer Melissa Borek, alleged that a male officer pushed her head to his groin and said, "I thought you'd never ask" and 1hat female officers were ordered to pick up dry cleaning, lunch or coffee for male officers. Id. Borek continued to work for the LAPD even through this harassment from fellow officers. The jnry found that these actions by fellow officers occurred to Borek and other female officers, but not male officers, due to their sex. Id. When she reported the harassment to internal affairs, they retaliated with adverse employment actions Id.

Similarly, in Fuller v. City of Los Angeles, L.A. Co. Super. Ct. #BC346464 (Unpub. 2008)., the plaintiff alleged that she was targeted by the men in the police department exposing their genitalia, making sexually explicit remarks, and being left out of meetings and trainings due to her sex. Fuller v. City of Los Angeles, L.A. Co. Super. Ct. #BC346464 (Unpub. 2008). She was left out of meetings in retaliation for not being welcoming to the sexually expllcit advances. Id. This ended up being settled outside of court, and the plaintiff was awarded $2.25 million.

Mrs. Avila's case bears many similarities to the two discussed above. Similar to Borek, Mrs. Avila was the victim of unwanted sexual touching, when Chief Henshaw rubbed his groin against her multiple times. Similar to Fuller, Mrs. Avila was also subject to pervasive and consistent sexually explicit remarks and advances from Chief Henshaw. Also similar to both Borek and Fuller, Mrs. Avila has begun to be left out of meetings and training exercises in retaliation for her refusal to continue her relationship with Chief Henshaw through his constant advances.

In the case of Al/stot v. City of Los Angeles, the plaintiff was subject to constant sexual comments from her supervisor, as well as invites on vacations and attempts by the supervisor to initiate sexual encounters. Linda Al/slot, Plaintiff, V. City Of Los Angeles, a municipal corporation, and Does 1 through 100 inclusive, Defendants., 2016 WL 11469651. Plaintiff in this case was subject to remarks regarding her physical appearance over the course of years, which the jury found to qualify as severe and pervasive harassment. Id. Similarly, Mrs. Avila has been subject to years of conunents, looks, and attempts to initiate sexual encounters by Chief Henshaw, with these actions occurring since Mrs. Avila ended their consensual relationship in May of 2019. Similarly, should this harassment by Chief Henshaw be reviewed by a jury, they will find that his 3+ years ofunwanted sexual comments and advances constitutes harassment so severe or pervasive that it has materially affected the working conditions of Mrs. Avila Ms. Allstot was awarded $3 Million by a jury when it was found that the behavior of her superior was severe or pervasive. Id.

Here, Mrs. Avila is an employee of Il'windale Police Department. She was subjected to the continual solicitation of sexual favors from Chief Henshaw long after their consensual relationship ended.

Chief Henshaw acted this way toward Mrs. Avila because she was a woman. There is no record of him requesting sexual favors from any of his male subordinates. Chief Henshaw's solicitation was continual and pervasive. He asked for nude photographs long after the consensual relationship had ended and constantly texted her claiming that he missed her and wished to meet up with her privately. He would make crude and inappropriate comments about Mrs. Avila's sexual relations with her husband and their marriage.

These comments cause Mrs. Avila distress, overpowering guilt, and permanent damage to her marriage. A reasonable woman in Mrs. Avila's circumstances would have considered the work environment to be hostile or abusive. Mrs. Avila considered the work environment to be hostile. Chief Henshaw was Mrs. Avila's supervisor and engaged in the harassing conduct for multiple years. Mrs. Avila was harmed through her forced resignation, exclusion from staff meetings, and loss of pay. Chief Henshaw's actions were the substantial factor in causing Mrs. Avila's harm.

QUID PRO QUO SEXUAL HARASSMENT
To establish a prima facie case of quid pro quo sexual harassment, the plaintiff must prove: (1) the sexual advances were unwelcomed; (2) the plaintiffs response to the advances affected a tangible aspect of the terms, conditions, or privileges of employment; and (3) employer responsibility. Hicks v. Gates Rubber Co., 833 F.2d 1406, 45 Fair Empl. Prac. Cas. (BNA) 608, 44 Empl. Prac. Dec. (CCH) 1f 37542 (10th Cir. 1987).

Unwelcome conduct is conduct that the employee did not solicit or incite and regarded undesirable or offensive. Henson v. City of Dundee, 682 F.2d 897, 29 Fair Emp. Prac. Cas. (BNA) 787, 29 Empl. Prac.

Dec. (CCH) 1f 32993 (lltl' Cir. 1982).

Under the quid pro quo theory, an employer is liable for the acts of its supervisory employees, regardless of whether the conduct was known or should have been known by the employer. Liability is imputed to the employer on the theory that the supervisor, in perpetrating the harassing conduct, exercised authority delegated by the employer. Cal. Code Reg., tit. 2, § 7287.6, subd. (b)(2); 29 C.F.R § 1604.1 l(d), (e).

In the Al/stat case outlined above, the employer, the city of Los Angeles, was found to be strictly liable because the harasser was a Lieutenant in the Police Department. Allstot v. City of Los Angeles, 2016 WL 11469651. The city was brought as a party in the suit and ordered by the court to pay the plaintiff due to the strict liability enforced when a supervisor is the harassing party. Id. The only real difference in the position of the harasser in Allstot and the harasser in the issue at hand is that Chief Henshaw is actually in a stronger position of power, as the Chief of Police, and would have even more supervisory power than a lieutenant. Since it was found that the employer was liable when the harassing party was a lieutenant, it would make sense that the employer would still be strictly liable if the harassing party was an even higherranking supervisor.

Mrs .. Avila repeatedly requested Chief Henshaw stop his requests for sexual favors and, on multiple occasions, she has communicated her desire to stop communicating with Chief Henshaw in a personal matter. He did not stop. This created a hostile work environment. Mrs. Avila was forced to resign from her position, she was excluded from meetings, and she lost out on at least two months' pay. The employer will be liable for the acts of Chief Henshaw, as a supervisory employee, since he exercised his authority which was delegated by the employer.

HOSTILE WORK ENVIROMENT
To show a hostile work environment, an employee must show that (1) they are a member of a protected class; (2) they were subjected to unwelcome sexual harassment; (3) the harassment was based on gender; (4) the harassment unreasonably interfered with their work performance by creating an intimidating, hostile, or offensive work environment; and (5) Department is liable for harassment.

Thompson v. City of Monrovia (2010) 186 Cal.App.4th 860, 876.

Mrs. Avila is a woman, and she is a member of a protected class. Chief Henshaw continued to solicit sexual favors from Mrs. Avila long after their consensual relationship ended. Mrs. Avila would not have been subjected to this harassment had she been a male. This harassment had a drastic effect on the performance of her job. The department is liable for the harassment as Chief Henshaw acted in his supervisory c.apacity during the harassment.

VIOLATION OF CAL. LABOR CODE§ 226
Under California Labor Code § 226(a), the employer shall provide an accurate itemized statement in writing showing all nine required items as describe in the statnte. One required item is item (8) the name aod address of the legal entity that is the employer .... If this is not required, it is deemed a violation of§ 226.

Mrs. Avila's wage payment statements did not include the name or address of her employer, Defendant. Therefore, Defendant is in violation of Cal. Labor Code § 226(a).

AWARDS IN ISSUES WITH SIMILAR FACTS
In the matter of Al/slot v. City of Los Angeles, a very similar set of facts with a superior sexually harassing someone he held power over in a police department, a jury awarded the plaintiff $3 million.

Allstot v. City of Los Angeles, 2016 WL 11469651. The behavior that occurred in the Allstot case is very similar to the behavior exhibited by Chief Henshaw in the facts laid out above, although Chief Henshaw is coming from an even higher up position thao the parties found to be harassing the plaintiff in Allstot. Id.

In the matter of Fuller v. City of Los Angeles outlined above, similar facts where the plaintiff was consistently harassed over years led to the plaintiff taldng a settlement offer outside of court for $2.25 Million. Fuller v. City of Los Angeles #BC346464 (Unpnb. 2008). The employer in that case, the city of Los Angeles, settled because they would have been held liable under the hostile work environment statute.

Id.

In the matter of Borek v. City of Los Angeles outlined above, the plaintiff was awarded $2.3 Million after it was found that her fellow officers had been harassing her and that nothing was done to stop the harassment. Borckv, City of Los Angeles, (Case No. CV 99" 11575" TJH(Ex)). The employer was once again found to be strictly liable, although in this case it was because supervisors were made aware of the harassment and did nothing to prevent it. Id. The harassment was once again found to be severe and pervasive due to the amount of time it went on and the consistency with.which it occurred. Id. Once again, similar facts would likely lead to a similar verdict, because although the harassers in this case were not supervisory, the circumstances led to the employer being held strictly liable.

CONCLUSION
The defendant is liable to Mrs. Avila for monetary damages to be determined at trial. However, our client has authorized two offers that can either be accepted:

1. The City shall pay Mrs. Avila five"million dollars ($5,000,000.00) for personal injuries within sixty (60) days of today's date or within fifteen (15) days of duly signed settlement and release agreement, whichever is sooner. fu exchange, Mrs. Avila will agree to dismiss all claims against the City, Ty Henshaw, and Captain Fraijo, waive her rights under CCP section 1542, enter a confidentialily and non-disparagement agreement, tender her resignation upon receipt of funds aforementioned, and the City may continue to employ Chief Ty Henshaw and Captain Fraijo.

2. The City shall pay Mrs. Avila two-million five-hundred thousand dollars ($2,500,000.00) for personal injuries in sixty (60) days of today's date or within fifteen (15) days of duly signed settlement and release agreement, whichever is sooner, and terminate Chief Ty Henshaw and Captain Fraijo within sixty (60) days of today's date or within fifteen (15) days of duly signed settlement and release agreement, whichever is sooner. In exchange, Mrs. Avila will agree to dismiss all claims against the City, Ty Henshaw, and Captain Fraijo, waive her rights under CCP section 1542, enter a confidentiality and non-disparagement agreement, and continue her employment with the City.

If you would like to discuss a resolution, please contact us within ten (10) business days of the date of this letter. If we do not hear from you, we will assume that you are not interested in resolving this matter and will advise Mrs. A vita of her available legal remedies.

Thank you for your anticipated professional courtesy and cooperation. To further discuss the foregoing, please contact me at [email protected] or at (310) 744-5227.

Sincerely,
Brian M. Heit, Esq.

BMH/js
enclosure
Adept Legal Counsel PC
340 South Lemon Avenue, Suite 8933
Walnut, CA 91789
(310) 744-5227
July 21, 2022
Via email to: [email protected]
Aleshire & Wydner LLP
Attn: Adrian Guerra
2361 Rosecrans Ave., .Suite 475
El Segundo, CA 90245
RE: Addendum to Citv of Irwindale Demand Letter
I hope this letter finds you well. Our client has identified additional malfeasance the City of Irwindale and its independent investigator should be aware of. Sometime in late 2018, Ty Henshaw stopped by the Irwindale Police Department station before he was to attend a work conference. Though our client does not recall the exact date and time, she remembers that he was wearing a light-colored polo shirt with khaki shorts and converse sneakers. He entered the dispatch center which is Mrs. Avila's regular post and one which she cannot physically leave unless she has a partner or request a break. She was sitting at her desk in a comer when Ty Henshaw walked in and said hello and asked how Mrs. Avila was doing. Mr.

Henshaw proceeded to approach Mrs. Avila from the right side, stood over Mrs. Avila and put his hand on her shoulder. Mr. Henshaw then slid two fingers down the front of Mrs. Avila's uniform polo shht which is slightly open and unbuttoned by design at the front. Mr. Henshaw then smirked, told me to have a good day and left. Mrs. Avila was surprised, felt disrespected, and uncomfortable by his touching of her chest in this manner while she was working in the dispatch center. She felt like objectified and felt like he thought could do whatever he pleased with at any time.

Sometime in late 2018 or early 2019 Ty Henshaw entered the dispatch center while Mrs. Avila was handling an emergency 911 call. Mrs. Avila was standing up while speaking to the caller and facing the computer. Ty Henshaw approached her from behind, tubbed his crotch against her buttocks and then placed his hand under and between my legs. He stopped after he noticed that Mrs. Avila was not responding to his actions and that she just continued to handle the 91 l call. Mr. Henshaw's customary behavior was to take advantage of my physical location in a corner, unable to move, unable to react, retreat, and unable to leave because he knew she was handling a priority 911 call. In both of these incidents Mrs. Avila felt like she did not have any control of the situation and all she could do was submit to his actions.

Sincerely,
Brian M. Heit, Esq.

IZl City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Rejection of Claim: Robert Avila against. City of Irwindale.

City Manager's Recommendation:

CC Item 1G
Staff recommends City Council (1) Reject the claim of Robert Avila against City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

On January 25, 2023, the City Clerk's Office received a claim for damages via U.S. mail from claimant Robert Avila. Claimant Avila alleges retaliation, harassment and refusal to promote by former City of Irwindale Police Chief Ty Henshaw on the basis of Claimant Avila's spouse, Mariela Avila, ending a sexual relationship with former Chief Henshaw. 01005.0050/855181.1 Page 1
The claim was reviewed by the City's claims adjuster, Carl Warren & Co. The City is not liable because the Lieutenant position was filled according to proper processes.

Accordingly, staff is recommending that the City Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Claim for Damages received January 25, 2023
Page2
Rejection of Claim
Avila, Robert vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

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

2. Claims for damages to real property must be flied not later than 1 year after occurrence. JAN 2 5 2023

CITY OF IRWINDALE
CITY \;&~J;;IEl'r.

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. lrwlndale Ave., Irwindale, CA 91706 Flllng Stamp To: City of Irwindale Claimant's Date of Birth
Name of Claimant Claimant's Occupation
Robert Avila Police Sergeant
lllimClalmant I
Home Telephone Number
Business Address of Claimant Business Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:

Adept Legal Counsel, PC
340 South Lemon Avenue Suite 8933 Walnut CA 91789
When did DAMAGE or INJURY occur? Names of any City employees Involved in INJURY or DAMAGE Date:June 2018 to present Time: ChiefTy Henshaw
If claim is for Equitable Indemnity, give date
claimant served with complaint:

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:

Please see detailed letter attached hereto
Describe in delall how the DAMAGE or INJURY occurred.

Please see detailed letter attached hereto
Why do you claim the City of hwindale is responsible?
City of Irwindale is required to protect its citizens. Ty Henshaw acted in his position of Chief of Police of the City of Irwindale in his treatment of Mr. Avila. He used the power of his position to retaliate against, harass, and refuse to promote Mr. Avila because Mr. Avila's wife ended her sexual relationship with Chief Henshaw.

What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed.

Claimant is a police sergeant who works as a subordinate to the Chief of Police. Chief of Police exercises authority over the claimant and there is presence of power in their relationship. 01005.0050/855181.1
Page3
Rejection of Claim
Avila, Robert vs. City of Irwindale
Clalmant's Name:

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

To be determined at trial but please see attached letter Give estimated amount of future losses due to INJURY or DAMAGE:

To be determined at tria1 but please see attached letter Was damage and/or Injury investigated by the police? No If yes, what City? Were paramedics or ambulance called? No If yes, name City or ambulance If injured, give name and address of your doctor and the date and lime of your first visit:

Doctors and Hospitals:

Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hosp Ital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List alt persons and addresses of persons known to have Information:

Name 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 Cily vehicle. Indicate location of City vehicle at the time of accident by "A-1'' and locatlon 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 ~~/~/ - LJ I
~
'~:~~'(a)
71\\ I
I Signature of Claimant (if other than claimant, indicate relationship) I
Typed Name
Brian M. Heit, Esq.

Date
Note: Claims must be filed with the City Clerk. Presentation of a false claim ls a felony (Penal Code Section 72) Page4
Rejection of Claim
Avila, Robert vs. City of Irwindale
340 South Lemon Avenue, Suite 8933
Wahmt, CA 91789
(3 IO) 744-5227
Janua1y 5, 2023
Se11t Via E111ail to ague1·[email protected]
Aleshire & Wydner LLP
Attn: Adrian Gue1rera
2361 Rosecrans Ave., Suite 475
El Segundo, CA 90245
City of Irwindale
Attn: Laura Nieto, City Clerk
5050 N. Irwindale Av·e.

Irwindale, CA 91706
JAN 2 5 2013
RE: Robert Avila's Claims Against the City oflrwindale Police Departlnent Dear Mr, Guerrera:

Please be advised that Adept Legal Counsel P.C. represents Robert Avila ("Mr. Avila") who is an employee of The City of Irwindale Police Department ("Defendant"). He has been employed by the police department since 1995 and is currently a sergeant. Mr. Avila has been a sergeant for thirteen years and is by far the most qualified sergeant to pron1ote to lieutenant; ho\vever, Chief Ty Hensha\V ("Chief Henshaw") refused to pro1note Mr. Avila because Chief 1-Ienshaw because was engaged in a sexual relationship with Mr. Avila's wife, Mariela Avila who is also an employee of the City ofliwindale Police Depmtment.

This de111and letter and the accompanying form, titled, City of hwindale Clain1 for Dan1ages to Person or Property shall serve as notice of clahn in co1npliance with Califo111ia Tort Claitns Act section 910-913.2 et cettera.

At the outset, we advise you that this letter constitutes an offer of compro1nise and scttletncnt under California Evidence Code §§ 1152, 1154, and Federal Rule of Civil Procedure 408 and may not be used in any legal proceeding between the pa1ties. This letter is being provided in an effort to avoid costly and tin1e-consu1ning litigation and to seek an hnn1ediate, cost-effective, and fair resolution to this case. The desc1iption of facts contained herein is not intended to be exhaustive, and we reserve the right to supplement and/or modify the facts as ftu1her investigation dictates. We reserve the tight to 111ake complaints to the Equal E1nploy1nent Opportunity Corntnission and/or the Depatiment of Fair E111ployment and Housing \Vhile llnagine considers this demand letter.
01005.0050/855181.1

Page 5 ends

Rejection of Claim
Avila, Robert vs. City of Irwindale

Page 6 ends

January 5, 2023

Page 2 ends

STATEMENT OF CLAIMS
Mr. Avi1a \Vas hired by the City of hwindale Police Departinent in 1992 as a cadet and beca1nc a rcscivc officer in 1995. After con1pleting his training and probationary period he was recommended to become a full-time police officer in 1999. For the next seven years Mr. Avila \Vorkcd as a dedicated police officer earning a strong reputation in the comn1unity and earning high tnarks on all of his pe1for1nance reviews. On two separate occasions, Mr. A vi la was part of a group of officers who were conunended by the Monrovia chief of police and by the Covina chief of police for their assistance to their neighboting towns. Mr. Avila's dedication, leadership, and care for the community allowed him to excel as a police officer. Mr. Avila's coinmitment to his job and leadership qualities did not go unnoticed and as a result of his exceptional \.Vork as a police officer, he was quickly pro1noted to sergeant in 2006.

Mr. Avila's success at the City of Irwindale Police Department did not end with his promotion to sergeant. For the next twelve years from 2006 through 2017, Mr. Avila only received scores of "highly satisfactory" on his performance reviews. Mr. Avila's perfonnance reviews begin mentioning preparing Mr. Avila to promote to lieutenant starting around 2009-2010. At this point, Mr. Avila's work ethic had placed hin1 on the fast track to promoting within the department; however, due to events beyond Mr. Avila's control his career advancement was stalled.

In July of2018, Mr. Avila's wife, Mariela Avila, who works as a 911 dispatcher at the City of Irwindale Police Department, began an inthnate sexual relationship with then Chief 1-lensha\v.

This relationship continued for the 111ajority of the next year until May of 2019 when Mrs. Avila reconciled with Mr. Avila and officially expressed her desire to end her sexual relationship with Chief Henshaw. Once Mrs. Avila infonned Chief Henshaw of her decision to end lheir sexual relationship, Chief Henshaw began retaliating against both Mr. and Mrs. Avila as they were both his subordinates at the City of Irwindale Police Depa11tnent.

Due to Mr. Avila's wife's decision to end her sexual relationship with Chief Henshaw, his career was co1npletcly upended. Even before Mrs. Avila's ended her relationship with Chief Henshaw, he would regularly make disparaging comments about Mr. Avila. Chief Henshaw would 1nake comn1ents about Mr. A vi la's weight, appearance, and even his penis. On one occasion, Chief Henshaw said to Mrs. Avila, "300 pounds? How can you support that on top of you?" referring to Mr. Avila's weight. Another thne, Chief Henshaw brought Mrs. Avila a cigar cutter at her desk.

When she told him that she did not s1noke cigars, he told her to "use it on the extra foreskin" refening to Mr. Avila's penis. Not only did Chief Henshaw make this disgusting and completely inappropriate comn1ent about Mr. Avila's penis, but he also gifted every one of his sergeants the same cigar cutter except Mr. A vita. This behavior clearly indicates that Chief Henshaw had singled out Mr. Avila solely because of his wife's decision to end her sexual relationship with hin1 and reconcile with Mr. Avila.
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Rejection of Claim
Avila, Robert vs. City of llwindale
January 5, 2023

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Unfo1tunately, Chief Henshaw's retaliation toward Mr. Avila did not end with his disparaging and de1neaning co1mnents about him. Chief Henshaw also co1npletely halted Mr.

Avila's pro1notion path. As mentioned above, between 2006 to 2017, Mr. AviJa's perfonnance reviews were all marked as "highly satisfacto1y." His best pe1fonnance review was in 2018 while the Chief and his wife were still engaged in their sexual relationship. His 2018 performance review states that Mr. Avita should be doing everything he can to prepare for the next lieutenant vacancy because he was without question the most qualified sergeant. However, in 2019 after his wife broke off her relationship \Vi th Chief Iienshaw, Mr. A vii a 's marks on his next perfonnance review were lowered to "competent" from "highly satisfacto1y". After thirteen straight years of receiving only "highly satisfactoty" tnarks, his marks were coincidenta11y lowered to "competent'' just months after his wife ended her relationship with Chief Henshaw and reconciled with him. Mr.

Avila received the same 1nark of "co1npetenf' on his perfonnance review from 2020 and 2021.

The only explanation forChiefHenshaw choosing to lower Mr. Avila's perfonnance review scores is because he was jealous that Mrs. A vi la broke off her relationship with him and reconciled with Mr. Avila.

After receiving his best performance review in 2018, Mr. Avila decided to apply for the next Lieutenant vacancy later that year. Mr. Avila was clearly the 1nost qualified sergeant for the position as he had been a sergeant for thirteen years when he applled. However, Mr. Avila was not chosen for this position and instead the job was given to now-Captain John Fraijo. Mr. Avila had been an employee of the City of Irwindale Police Department for several 1nore years than Mr.

Fraijo and had even trained Mr. Fraijo when he joined the department. Due to the fact that Mr.

Avila had been employed longer than Mr. Fraijo and all of Mr. Avila's performance reviews mention how he was ready to promote to lieutenant, shows there was no legitimate basis to deny him this promotion.

Strangely, since Mr. Avila was denied this pro1notion .• Chief Henshaw has twice tried to convince Mr. Avila to re-apply fol' pron1otion to Lieutenant. At this point, Mr. Avila was well aware of the frequent disparaging comments Chief I1enshaw would 1nake about him to Mrs. A vita, so this struck him as odd. When an officer is promoted into a new role at the City of Irwindale Police Dcpartn1cnt, as Mr. A vita would have been, they are subject to a six-month probationary period during which their supervisor can decide if they are fit for the role or not. If the officer's supervisor deems that the officer is not fit for the new role, they will be demoted to their previous role. However, if their previous role has already been filled, then the officer will be tenninated.

Mr. Avila was rightfully worried about re-applying for the lieutenant position because this would create a pretcxtual basis for Chief Henshaw to tetminate hhn during the aforementioned six-1nonth probationary period. Mr. Avila knew that Chief Henshaw did not like him and wanted him separated from his wife so he could continue lo have sexual relations with her. Therefore, promoting Mr. Avila to lieutenant for a six-month probationruy period, filling his sergeant vacancy. and deeming hin1 not fit for the lieutenant position after six months would allow Chief Henshaw to te1minate Mr. Avila. Terminating Mr. Avila would have provided Chief Henshaw with much more alone time with Mrs. Avila which is what Chief Henshaw desired the most even after she broke off the relationship with him.
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01005.0050/855181. 1

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Rejection of Claim
Avila, Robert vs. City of Irwindale
Pages
January 5, 2023
Page4
Furthennore, the Police Department has not only failed at every step of the way to prevent the harass111ent of Mr. Avila, but also have now begun retaliating against Mr. Avila. The City of Jiwindale Police Department has a nepotism policy that discourages family 1nembers and spouses from working the same shifts. Over the years, Mr. and Mrs. Avila have received a few notices about being in violation of the nepotism policy for working the same shifts; however, each time their situation is reviewed by the department and they are allowed to continue working the same shifts. Mr. and Mrs. Avila received the most recent notice about being in violation of the nepotis1n policy in November of 2022. This \Vas the first notice they received since 2017, which was the year before Mrs. Avila and Chief Henshaw began their sexual relationship. In 2017 the department reviewed the Avila's situation and allowed them to continue working together. In August of2022, Mr. and Mrs. Avita scheduled a meeting with the current Chief of Police, Robert Castro, to address the nepotism issue. In this meeting Chief Castro told Mr. and Mrs. Avila not to worry and that they would be able to continue working the same shifts. Between the period of August 2022 to November 2022, Captain Fraijo relumed to work from leave due to a claim Mrs. Avila had inade against the City of lnvindalc, Forn1cr Chief Henshaw, and Captain Fraijo. Based upon information and belief, Captain Fraijo inforn1ed Chief Castro that it was Mrs. Avila who filed the clahn against the Police Department. As a result, when Mr. and Mrs. Avila received their latest nepotism violation in November of 2022, Chief Castro informed then1 that it was being enforced and that they would not be able to work the satne shifts. Mr. and Mrs. Avila are the only spouses that had the nepotistn policy enforced against them and it was enforced solely in retaliation for the claim Mrs. A vii a brought against the Police Departtnent.

Tlrroughout twenty-six years of working at the City of Irwindale Police Department Mr.

Avila has received glowing performance reviews, is well liked within the department and community, and has shown his fierce loyalty to the departtncnt. During Mr. Avila's supervisor, Chief Henshaw's constant belittlen1ent and disparagc1nent, failing to pron1ote him, and having sexual intercourse \Vith his wife, Mr. Avila has retnained dedicated to his job and maintained a level of professionalism t11roughout. As a result of his dedication, Mr. Avila has been denied promotions, retaliated against, and harassed for which he now seeks to address.

FALURE TO PROMOTE
The denial of previously pro1nised training and the failure to promote may constitute adverse employment actions. L;ght v. Dept. of Parks and Recreafl'on, 14 Cal. App, 5th 75, 93 (4th Dist. 2017). A failure to promote has "occurred" when the person seeking the promotion has been informed or is otherwise put on notice that he or she will not receive the pro1notion. Pollock v.

Tri-Modal Distribution Services Inc., 11 Cal. 5th 918, 933 (2021). The Legislature declared that in order to eliminate discrimination and harassment in the workplace, "it is necessary to provide effective ren1edies that \Vill both prevent and deter unlawful employment practices and redress the adverse effects of those practices on aggrieved persons."(§ 12920.5.) It fra1ned "[t]he opportunity to seek, obtain, and hold employment without" experiencing discrimination or harassment as a ,.,,,,,,_,
Rejection of Claim
Avila, Robert vs. City of Irwindale
January 5, 2023

Page 5 ends

"civil right," and instructed that the FEI-IA "shall be construed liberal1y for the accomplislunent of [its] purposes."
Here, Mr. Avila suffered an adverse employment action when now-Captain Fraijo was selected to be promoted to lieutenant instead of Mr. Avila. At the time that Mr. Avila applied for the lieutenant vacancy, he had been a sergeant for thirteen years and was by far the most qualified sergeant for the position. However, Chief Henshaw refused to promote Mr. Avila because he was engaged in a sexual relationship with Mr. Avila's wife. Chief Henshaw and Mrs. Avila had an off and on relationship. At several points during their relationship, Mrs. Avila would tell Chief Henshaw that she was going to try to reconcile with Mr. Avila. This caused Chief Henshaw to hold great animosity towards Mr. Avila because Chief}Jenshaw wanted Mrs. Avila all to himself. As a result ofChiefHenshaw's personal animus towards Mr. Avila, Captain Fraijo was selected for the protnotion to lieutenant instead of Mr. Avila. Mr. Avila had far more experience than Captain Fraijo as he was Captain Fraijo's training officer when he joined the Police Department.

NEGLIGENT IDRING, RETENTION, AND/OR SUPERVISION
California case law recognizes the theory that an employer can be liable to a third person for negligently hiring, supervising, or retaining an unfit employee. (Evan F, v. 1-lughson United Methodist Church (1992) 8 Cal.App.4th 828, 836 [IO CaLRptr.2d 748].) Liability is based upon the facts that the employer knew or should have known that hiring the en1ploycc created a particular risk or hazard and that particular harm materializes. Doe v. Capital Cities, 50 Cal. App. 4thh 1038, 1053 (1996).

Here, the City of Irwindale is liable to Mr. Avila for negligently hiring and supervising Chief Henshaw as he was able to harass and retaliate against Mr. Avila for several years \Vithout any repercussions. Based upon intOm1ation and belief, the City of Irwindale did not pertOrm a thorough and co1nplete investigation before n1aking the decision to hire Ty .Henshaw as a Captain or Chief of Police. If the City of Irwindale had properly done their due diligence into Ty .Henshaw' s behavior at Bell Police Department, it would have been apparent that Chief 1-Ienshaw was not fit for the Chief of Police position. Chief Henshaw had an intimate sexual relationship with one of his subordinates who was the wife of another one of his subordinates. Chiefl-Jenshaw also verbally harassed and retaliated against Mr. Avila for the sole reason that Mrs. Avila broke off her relationship witl1 Chief Henshaw. The City of Irwindale is liable because they should have known that hiring Chief Henshaw would cause hann to their e1nployees.

FAILURE TO PREVENT HARASSMENT, DISCRIMINATION AND/OR

RETALIATION
An employer has a duty to prevent discrimination and harassment in the workplace.

Northrop Grumman Co1p. v. Workers' Comp. Appeals Bd. (2002) 103 Cal.App.4th 1021, 1035.

Once the employer is on notice, it must act immediately to attempt to end the harassment or discrimination and deter future harass1nent or discrin1ination. MF. v. Pacific Pearl Hotel '"~+<·,~ ~,-
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01005.0050/855181.1

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Rejection of Claim
Avila, Robert vs. City of Irwindale

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January 5, 2023
Page6
Management LLC (201&) 16 Cal.App.5th 693, 701. This includes a duty to take temporary steps while they investigate the clain1s, and to put pennanent steps in place to avoid further harm. Ibid.

Here, the City of Ilwindale failed at every step of the way to prevent the retaliation and harassment that Mr. A vi la was enduring frotn Chief Henshaw. In this case, the City of Irwindale was put on notice of the retaliation against Mr. Avila when Chief Henshaw denied hin1 the pron1otion to lieutenant. Mr. Avila was by far the 1nost qualified candidate for the lieutenant position when he applied; however, he was passed up for Captain Fraijo who had far less experience than Mr. Avila. The only reason he was denied this promotion was because his wife, Mrs. A vi la, was engaged in a sexual relationship with Chief Henshaw and then Chief Henshaw did not want to have to work closely with Mr. Avila while he was sleeping \vith Mr. Avila's wife.

After Mr. Avila was denied the promotion to lieutenant, the City of Irwindale failed to take any steps to remedy the retaliation that Mr. Avila was experiencing. ·

RETALIATION IN VIOLATION OF PUBLIC POLICY
To establish a prim a facie case of retaliation, a plaintiff must show ( 1) the plaintiff engaged in a protected activity, (2) the employer subjected the employee to an adverse e1nployment action, and (3) a causal link existed between the protected activity and the employer's action. (CastroRamirez v. Dependable Highway Express, Inc., 2 Cal. App. 5th 1028, 207 Cal. Rptr. 3d 120 (2d Dist. 2016), review denied, (Nov. 30, 2016).) 11 lt is well established that a plaintiff in a retaliation case need only prove that a retaliatory animus was at least a substantia1 or motivating factor in the adverse employment decision. 11 (George v. California U11e111ployn1e11t Ins. Appeals Bd. (2009) 179 Cal.App.4th 1475, 1492.)
A retaliation clahn may be brought by an employee who has complained of or opposed conduct that the en1ployee reasonably believes to be discrhninatory, even when a court or ju1y laler detennines the conduct was not actually prohibited by the Fair Employment Housing Aact. (Yanowitz v. L'Oreal USA, Inc., 36 Cal. 4th 1028 (2005); Miller v. Department of Corrections, 36 Cal. 4th 446 (2005).) Employees often are legally unsophisticated and will not be in a position to 1nake an informed judgment as to whether a particular practice or conduct violates the governing anli-discrimination statute. A rule that pennits an employer to retaliate against an employee with ilnpunity whenever the employee1s reasonable belief turns out to be incorrect would significantly deter employees from opposing conduct believed to be discriminatory. (Kelley v. The Conca Cos., 196 Cal. App. 4th 191, 209.)
Both direct and circumstantial evidence can be used to show an employer'sintent to retaliate. 'Direct evidence of reta1iation 1nay consist of remarks made by decisionmakers displaying a retaliatory 1notive. • Circumstantial evidencetypically relates to such factors as the plaintiffs job perfonnance, the timing ofevents, and how the plaintiff was treated in comparison to other workers. (Colarossi v. Coty US Inc. (2002) 97 Cal.App.4th 1142, 1153 [119 Cal.Rptr.2d131], inten1al citations omitted.)
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Rejection of Claim
Avila, Robert vs. City of Irwindale
January 5, 2023
Page7
Mr. Avila enaged in a protected acitivty when he applied for the pron1otion to lieutenant.

Mr. Avila was subjected to an adverse employ1nent action when he was denied this pro1notion even though he was clearly the most qualified candidate. The casual link between Mr. Avila's protected activity and the adverse employment action he suffered is the fact that Chief Henshaw was engaged in a sexual relationship with Mr. Avila's wife, who is also an employee at the City of Irwindale Police Department. Mrs. Avila eventually ended her relationship with Chiefl-Icnshaw and reconciled with Mr. Avila which made Chief llenshaw angiy and jealous. As a result of this jealousy, Chief Henshaw chose to deny Mr. Avila's pron1otion even though he was clealry the tnost qualified person for the position.

HOSTILE WORK ENVTROMENT
To establish a prima facie case of a hostile work environment, [the plaintiff]must sho\v that (1) [plaintiff] is a member of a protected class; (2) [plaintiff] was subjected to unwelco1ne harass1nent; (3) the harassment was based on[plaintiff's] protected status; (4) the harasstnent um·easonably interfered with[plaintiffs] work perfo1n1ance by creating an intin1idating, hostile, or offensivework environment; and (5) defendants are liable for the harassment." (Ortiz v.Dan1ero11 Hospital Assn. (2019) 37 Cal.App.5th 568, 581 [250 Cal.Rptr.3d l].) Here, Mr. Avila 'vas subjected to a hostile work environment due to Chief Henshaw's behavior and relationship with his wife. Mr. Avila was a member of a protected class as someone who applied for a promotion. Mr. Avila was subjected to severe harasstnent at work due to the fact that his boss and direct supervisor, Chief 1-Ienshaw, was having a sexual relationship with his wife, who also was one ofChiefHenshaw's subordinates. Mr. Avila went to work everyday and did his job without co1nplaint while his boss was regularly having sexual intercourse \vith his wife. The fact that Mr. Avila had to try to co1uplcte his job duties while knowing his boss \Vas hying to have sexual intercourse \Vith his wife at the police deparhnenl duiing work hours is severe harasssmenl.

Mr. A vi la was also subjected to disparaging comn1ents Chief Henshaw 1nade to Mrs. Avila about hiin regarding his weight and penis. Unsurpiisingly, this began to unreasonably interfere with Mr.

Avila's work because he lmew Chief Henshaw tried everything he could to be alone with Mrs.

Avila at \Vork. ChiefHensha'v created such a hostile work environment for Mr. Avila that he feared applying for ne\v pro1notions because he felt Chief 1-lensha\V \Vas looking for any excuse to te1minate hi1n.

COMPARABLE JURY VERDICTS
$1.1 million jury veridct, harassment. Plaintiffs were en1ployees at the Beverly Hills Police Department and they were harassed by the Chief of Police. The Chief of Police would make comments about the Plantiffs such as, "Ew, you mean she's a lesbian? Gross". The Chief of Police also told Plaintiffs that another employee \Vas too old or too gray to be \Vorking. Similarly, Mr.

Avila was subjected to similar de111caning and disparging comments from Fo1mer Chief Henshaw, Fonner Chief Henshaw would make comments to other people about Mr. Avila's weight, appearance, und penis.
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01005.0050/855181.1

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Rejection of Claim
Avila, Robert vs. City of liwindale

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January 5, 2023
Page&
$1.2 million jury verdict, retaliation. Plaintiff is a sergeant with the Los Angeles Police Dep11ment and was subjected to retaliation because of a previous lawsuit that he filed against the City of Los Angeles. Plaintiff was denied promotions and even lateral moves in retaliation for filing this lawsuit. Similarly, Mr. A vii a has been retaliated against because of a claim that his wife made against the City of Irwindale, Former Chief Henshaw, and Captain Fraijo. Mr. Avila has been denied protnotions and forced to change his schedule in retalitation. $8.1 million jury veridct, retaliation. Plaintiff was a deputy trainee at the Los Angeles County Sheriffs Depa1tment who reported iilegal stops and a1Tests. Instead of investigating these clain1s, the Captain began retaliating against the Plaintiff. Similarly, Mr. Avila has been retaliated against because of a claim that his wife made against the City of Irwindale, Fonner Chieflicnshaw, and Captain Fraijo. Mr. Avila has been denied promotions and forced to change his schedule in retalitation.

CONCLUSION
Mr. Avila is willing to accept $5,000,000 in exchange for a confidential release of all clai1ns against Detf:ndant. If you would like to discuss a resolution_, please contact us within fourteen (14) days of the date of this letter. Ifwe do not hear from you, we will assume that you are not interested in resolving this matter and will advise our client of his available legal remedies.

Thank you for your anticipated professional courtesy and cooperation. To further discuss the foregoing, please contact me at l?rlnn(!!!a_dcff.t~:_QJ!!Jj__'_~L~_Q or at (310) 744-5227.

Sincerely,
~ 1/e. ':iltit, &4f.

Brian M. Heit, Esq.

BMH/BA/SJM
Rejection of Claim
Avila, Robert vs. City of Irwindale
lZI City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
City of

IRWINDALE

AGENDA REPORT
CC Item 1H
To: Honorable Mayor and Members of the City Council
From: Julian A Miranda, City Manager
Issue: Proposed Internal Office Clean-Up Day
City Manager's Recommendation:

That the City Council approve the annual closure of some City facilities on the second Monday of October (Indigenous Peoples' Day) for an internal clean-up day, and authorize the City Manager to implement said closure.

Administrative Action:

Prepared by/ Submitted by:

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

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

Julian A Miranda, City Manager
Background and Analysis:

Electronically Approved
In January 2015, the City Council approved an annual clean-up day allowing City offices to close to the public on the third Monday of February (Presidents' Day). This closure provided staff the opportunity to clean up workspaces and common areas; including reviewing files, organizing files, recycling documents, cleaning up city computers, shipping off old records to our storage facility, discarding broken furniture, and cleaning city vehicles.

Presidents' Day was selected, as it is a federal holiday and since most government office and school are closed, the impact to government services was deemed minimal. As of 01005.0001/855497.1 Page 1
2021, Presidents' Day is an observed holiday for all City employees, and is no longer available for the annual clean-up day.

Staff is proposing the City Council designate the second Monday in October (Indigenous Peoples' Day) as the annual clean-up day. This day of year is historically very slow, as most government offices and schools are closed, so impact to the public services will be minimal. It is proposed that all departments would close to the public with the exception of Police Department. The closure of the Recreation Department, Library, or the Senior Center will not affect the kid zone, homework help, or the senior nutritious lunch program offered by these departments, as these programs are not offered on federal holidays. If approved, the City Manager would implement the closure and notify all employees, residents, the public, and other stakeholders of the closure.

Fiscal Impact:

None
Page2
IZICity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: February 8, 2023
City if

IRWINDALE

AGENDA REPORT
CC Item 11
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Declaration of Surplus Equipment
City Manager's Recommendation:

Adopt Resolution No. 2023-14-3392, entitled, "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF IRWINDALE, CALIFORNIA, DECLARING CERTAIN PROPERTY

SURPLUS, FINDING THAT THE PROPERTY HAS NOMINAL OR NO-RESALE VALUE

AND IS THEREFORE EXEMPT FROM THE REQUIREMENTS OF IRWINDALE MUNICIPAL CODE SECTION 3.44.150, AND AUTHORIZING THE CITY MANAGER TO PROVIDE FOR THE IMMEDIATE DISPOSITION OF SAID PROPERTY.".

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Jeff Wagner, IT Manager
(626) 430-2258
Reviewed by:

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

Julian A. Miranda, City Manager
Electronically Approved

Page 1 ends

Irwindale City CouncilFebruary 8, 2023

Irwindale City Council
February 8, 2023