3. Funds Set Aside for Discretionary Donations. On an annual basis through the budget process, the Council will set aside a donations fund.
4. Criteria for Approval of Donations. The City Council may approve a donation of funds or items of value for applicants when such donation would serve a public purpose. The following criteria must be established to qualify for a donation:
a. Applicants. Applicants for donations must be either:
b.
i. Recognized by the Internal Revenue Service as a not-for-profit organization, charitable organization or athletic, academic or social non-profit student organization established by any elementary, middle or high school serving Irwindale
residents. Any organization meeting the criteria of this subsection 4.a.i must also have a minimum of twenty
percent (20%) Irwindale residents or businesses that either actively participate in the organization or benefit from the requested donation.
ii. Current residents oftbe City.
Donations Criteria. Donations may be granted where the applicant may establish, through documentary proof, that the criteria of subsection b.i and b.ii below can be met.
i. Benefit the community. This includes, but is not limited to, circumstances where the applicant;
I. Supports civic or provide community programs for the City's residents, or businesses;
2. Provides financial assistance to the City's residents or businesses;
3. Involves participation by a significant number of
Irwindale residents;
4. Provides a venue, which will serve as a significant
attraction of visitors to the community and revenue
to the City will exceed the requested donation; or
5. Improves the condition of properly or availability of affordable housing within the City.
ii. Provide a public service or otherwise promote the public health, safety and welfare. This includes, but is not limited to, circumstances where the individual or entity provides needed donations or other assistance to residents and
businesses of the City in areas such as:
1. health care;
2. counseling and goidance services;
Resolution No. 2009-06-2364
Page4
-
-
iii.
3. abatement of dangerous or unhealthful living or
working conditions, including but not limited to
fuose constituting violations of the Irwindale
Municipal Code;
4. affordable housing;
5. transportation needs of residents or employees;
6. educational benefits;
7. cultural awareness and education; or
8. nutrition needs of residents.
Relicious Organizations. The City will not approve any
requested donation that otherwise meets the above criteria if the donation will cause 1he City to violate the
Establishment Clause of the United States Constitution.
Generally, a donation to a religious organization violates the Establishment Clause, unless it primarily serves a
secular purpose, neither advances or inhibits any religion and avoids excessive entanglement by the City in any
·religion or religious purpose.
5. Recipient's Obligations to Report Use of Funds. Sixty (60) days after receipt of the donation, the recipient shall provide a written explanation to the City, in a form approved by the City, of how the donated funds or item(s) of value has been used and benefited the City, its residents or businesses in the manner set forth at Section 4 above.
6. City Council Consideration of Donation. The City Council may consider all recommendations from the Donation Policy. If the City Council finds that all the requirements under this Policy have been met, it may, in its sole discretion, approve the recommended donation. Alternatively, the City Council may deny or reduce such requested donation in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any donation shall be final.
Resolution No. 2009-06-2364
Document Number: PMS/E 165/223
RE: Donation Request
Manuel Ortiz
Mayor of Irwindale, California
Hand Delivered
From the undersigned, German Cervantes Verga, Mayor of Salvatierra, Guanajuato. By this means I extend to you my warm greeting and, in recognition of our historic sisterhood, please also accept a friendly greeting from the citizens of Salvatierra, who I am honored to preside over, and in acknowledgment of the diligent and responsible work that you carry out for the benefit of the citizens of Irwindale, I request your invaluable support in the form of a donation of an ambulance to the Salvatierra Municipality in order to fortify the health services provided to the Salvatierra Municipality.
With nothing further, I say goodbye but not before thanking you for your careful consideration.
Sincerely yours,
July 11, 2023
German Cervantes Vega
Mayor of Salvatierra, Guanajuato
SA Item 20A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
A
1 GUST 230"23
.._ ________ __.t 'Nl!QHl!Sl!>AY
8:31 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL: Present: Councilrnernbers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz
Absent: Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Karnbiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 14
MINUTES
ITEM NO. 15
WARRANTS
A motion was made by Councilrnernber Breceda, seconded by Councilrnernber Burrola, to approve the Consent Calendar. The motion was unanimously approved; Mayor Ortiz absent.
MINUTES
The following minutes were approved:
A) Regular meeting held July 26, 2023
WARRANTS
The warrants were approved.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
ADJOURNMENT
There were no speakers.
There being no further business to conduct, the meeting was adjourned at 8:32 p.rn.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Check No Vendor No
80494 ROSENO
Vendor Name
RSG!nc.
SA Item 21
IRWINDALE
Check Date
08/17/2023
Check Amount
136.25
Repo1i Total (l checks): 136.25
HA Item 22A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
AUGUST 23, 2023
WEDNESDAY
8:32 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL: Present: Board Members Mark A. Breceda, Larry G. Burrola; Manuel R. Garcia; Vice Chair Albert F. Ambriz
Absent: Chair H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 16
MINUTES
A motion was made by Board Member Breceda, seconded by Board Member Burrola, to approve the Consent Calendar. The motion was unanimously approved; Chair Ortiz absent.
MINUTES
The following minutes were approved:
A) Regular meeting held July 26, 2023.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
ADJOURNMENT
There were no speakers.
There being no further business to conduct, the meeting was adjourned at 8:32 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
DCity Council
DSuccessor Agency
IZIHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Chair and Members of the Housing Authority
Julian A. Miranda, Executive Director
HA Item 23
Issue: Consideration of Approval of Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 16124 Calle de Paseo to Implement Equity Sharing Policy City Manager's Recommendation:
1) Approve Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land between Irwindale Housing Authority and Kenneth Aguayo, Leonard Aguayo and Valerie Sanchez; and 2) Authorize the Executive Director to execute Amendment No. 1 subject to Authority Counsel approval as to form.
Prepared and Submitted by:
Electronically Approved
Robert J. Lee, Assistant Authority Counsel
Reviewed by:
Electronically Approved
Adrian R. Guerra, Authority Counsel
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, Executive Director
Background and Analysis:
Historically, the equity sharing practices of the Irwindale Housing Authority ("Authority") provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 of the 45-year affordable housing period. Accordingly, it was very difficult for affordable homeowners in the City of Irwindale to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of the Authority's affordable housing programs.
As part of the Substantial Rehabilitation Program, Ignacio B. Aguayo and Sally F. Aguayo, as co-trustees for The Ignacio B. and Sally F. Aguayo Trust, dated June 8, 1998 ("Previous Owner") and the former Irwindale Community Redevelopment Agency ("ICRA") entered into that certain Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land, dated October 3, 2006 and recorded on May 1, 2007 as document no. 2007104727 4 ("Agreement"), whereby ICRA provided Previous Owner a loan in the amount of $134,668.95 for the substantial rehabilitation of Previous Owner's property located at 16124 Calle de Paseo ("Property") in exchange for Previous Owner's promise to maintain the Property as an affordable housing unit for a period of 45 years.
Equity sharing permits retention by owner/seller of a portion of excess sale proceeds based on the length of occupancy, after the agency loan is repaid. The amount of the excess sale proceeds is the difference between the sale price that is in excess of the affordable housing price of what is allowable under the an affordable housing agreement and the original purchase price of the home paid by the affordable homeowner. The Agreement's equity sharing provisions are triggered when there's been a "Prohibited Transfer" as defined in the Agreement; put another way, equity sharing is invoked when there's a sale of the home where the sale does not qualify as a "Permitted Transfer" under the Agreement. Permitted Transfers typically include but are not limited to the following:
(i) transfer by gift, devise, or inheritance to the Owner's spouse; (ii) transfer by devise or inheritance to the Owner's children; (iii) transfer of title by an Owner's death to a surviving joint tenant, tenant by entireties, or a surviving spouse of community property; and (iv) transfer of title to a spouse as part of divorce or dissolution proceedings or in conjunction with marriage.
On July 14, 2021, the Authority Board approved and adopted an equity sharing policy ("Policy") for the Authority's Substantial Rehabilitation and First Time Homebuyer affordable housing programs so that the percentage of the equity sharing appreciation amount retained by homeowners is now much larger than the amount allowed previously for those homeowners who elect to take advantage of the enhanced Policy benefits. The application of the Policy with regards to any homeowner who is part of the Authority's affordable housing programs requires a formal amendment to any affordable housing agreement's existing equity sharing provisions; the calculations for the new equity sharing differ under the Policy depending on whether the homeowner is under the First Time Homebuyer Program or Substantial Rehabilitation Program.
Page2
Equity Sharing
16124 Calle de Paseo
The Previous Owner became owner of the Property under that certain Declaration of the Ignacio B. and Sally F. Aguayo Trust dated June 8, 1998 ("Declaration of Trust"), as amended by the Trust Amendment to the Declaration of Trust dated February 14, 2020 ("Trust Amendment"). The Previous Owner is deceased and now, pursuant to the Declaration of Trust, Trust Amendment, and the Order of the Superior Court of the State of California in Case Number 22STPB08322, dated November 1, 2022, Kenneth Aguayo, Leonard Aguayo and Valerie Sanchez (collectively, "Owner"), the adult children of Previous Owner, are owners of the Property with equal one-third interests. The transfer of ownership from Previous Owner to Owner is considered to be a "Permitted Transfer" under the terms of the Agreement notwithstanding that an income analysis was not conducted to determine whether Owner is an "Eligible Person or Family." Now, Owner and the Authority (as successor to ICRA) desire to formally amend the Agreement to incorporate the increased equity sharing benefits available to Owner under the Policy. However, it should be underscored that amending the Agreement in and of itself does not vest Owner with any equity sharing benefit conferred under the Policy other than to allow Owner to place itself in position to possibly retain a greater share of equity sharing appreciation in the event a "Prohibited Sale" should occur in the future. This Amendment No. 1 modifies the Agreement and is only a first step towards Owner availing itself of the increased benefits under the new Policy. The 45-year affordability covenant remains in place and there is no financial equity distribution at this time because there is no sale of the home.
Fiscal Impact:
Currently none, but if Owner sells the home and the equity sharing prov1s1ons are triggered, Authority will retain a smaller percentage of the equity sharing appreciation.
Attachments:
1: Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 16124 Calle de Paseo to Implement Equity Sharing Policy.
2: Court Order dated November 1, 2022
Page3
Equity Sharing
16124 Calle de Paseo
ATTACHMENT "1"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Irwindale Housing Authority
5050 North Irwindale Avenue
Irwindale, California 91706
Attention: Executive Director
APN: 8417-031-025 Exempt from payment of a recording fee pursuant to Government Code Section 6103 AMENDMENT NO. 1
TO
AFFORDABLE HOUSING AGREEMENT, OPTION TO PURCHASE AND
DECLARATION OF COVENANTS RUNNING WITH LAND
(Substantial Rehabilitation Housing Improvement Loan)
This AMENDMENT NO. 1 TO THE AFFORDABLE HOUSING AGREEMENT,
OPTION TO PURCHASE AND DECLARATION OF COVENANTS RUNNING WITH LAND ("Amendment No. 1") by and between the IRWINDALE HOUSING AUTHORITY as housing successor to the former Irwindale Community Redevelopment Agency ("Authority") and KENNETH AGUAYO, LEONARD AGUAYO, AND VALERIE SANCHEZ (collectively, "Owner"), is effective as of the 13th day of September, 2023.
Authority and Owner are sometimes referred to collectively as "Parties."
RECITALS
A. Ignacio B. Aguayo and Sally F. Aguayo, as co-trustees for The Ignacio B. and Sally F. Aguayo Trust, dated June 8, 1998 ("Previous Owner"), and the former Irwindale Community Redevelopment Agency ("ICRA") entered into that certain
AFFORDABLE HOUSING AGREEMENT, OPTION TO PURCHASE AND
DECLARATION OF COVENANTS RUNNING WITH LAND, dated October 3, 2006 and recorded on May 1, 2007 as document no. 20071047274 ("Agreement") whereby the ICRA agreed to provide Previous Owner financial assistance in connection with the residential real property owned by Previous Owner and located at 16124 Calle de Paseo, Irwindale, California ("Property"). The Property is part of Authority's affordable housing program commonly referred to as the Substantial Rehabilitation Program.
B. On February 1, 2012, pursuant to Assembly Bill 1x26 and Health and Safety Code Section 34170 et seq., the ICRA was effectively dissolved and the City of Irwindale ("City") became the Successor Agency to the ICRA.
C. On January 11, 2012, the City Council of the City of Irwindale adopted Resolution No. 2012-09-2548 and elected not to retain the housing functions and assets of the ICRA, and affirmatively determined and confirmed that the Authority would retain the housing assets and functions of the ICRA.
D. On January 11, 2012, the Board of the Authority adopted Resolution No. 2012-01-034 which accepted the housing assets and functions of the dissolved ICRA.
The Authority thereby is the housing successor agency to the ICRA, vested with all of the rights, powers, duties, assets, liabilities, and obligations of the housing activities of the ICRA.
E. As housing successor to the ICRA, the Authority assumed all of the ICRA's rights, powers, duties and obligations under the Agreement.
F. The Authority implements an affordable housing program through a Low and Moderate Income Housing Fund to assist persons and families of very low, low, and moderate income, as defined by Section 50093 of the California Health and Safety Code to rehabilitate residential property and to increase, improve and preserve very low, low and moderate-income housing available at affordable housing cost (as defined in Health and Safety Code Section 50052.5) within the territorial jurisdiction of the Authority in accordance with Housing Authorities Law (Health and Safety Code Section 34200, et seq.)
G. Pursuant to Health and Safety Code Section 33334.3 and as part of its affordable housing program, the Authority has established an equity sharing program allowing the sale of owner-occupied units prior to expiration of the 45-year affordability period established through an agreement between the Authority and affordable homeowner for a price in excess of the affordable housing price, so long as the Authority's investment of moneys from the Low and Moderate Income Housing Fund is protected, including through implementation of a schedule of equity sharing that permits the seller and the Authority to retain a portion of the sale proceeds based on length of occupancy prior to sale.
H. Historically, the equity sharing practices of the Authority provided for the Authority to retain a significant majority of the excess sale proceeds until year 40 of the 45-year affordable housing period. Accordingly, it was very difficult for affordable homeowners in the City to build meaningful equity in their affordable homes towards improving their financial status which is one of the paramount objectives of the Authority's affordable housing program.
I. On July 14, 2021, the Authority approved and adopted an equity sharing policy ("Policy") for the Authority's Substantial Rehabilitation and First Time Homebuyer affordable housing programs so that the percentage of the equity sharing appreciation amount retained by homeowners is now much larger than the amount allowed previously.
The implementation of the policy requires a formal amendment to the Agreement.
J. The Previous Owner became owner of the Property under that certain Declaration of the Ignacio B. and Sally F. Aguayo Trust dated June 8, 1998 ("Declaration of Trust"), as amended by the Trust Amendment to the Declaration of Trust dated February 14, 2020 ("Trust Amendment"). The Previous Owner is deceased and now, pursuant to the Declaration of Trust, Trust Amendment, and the Order of the Superior Court of the State of California in Case Number 22STP808322, dated November 1, 2022, Kenneth Aguayo, Leonard Aguayo and Valerie Sanchez, the adult children of Previous Owner, are owners of the Property with equal one-third interests. The transfer of ownership from Previous Owner to Owner is considered to be a "Permitted Transfer" under the terms of the Agreement notwithstanding that an income analysis was not conducted to determine whether Owner is an "Eligible Person or Family." K. The Parties now desire to formally amend the Agreement to incorporate the increased benefits available to Owner thereunder to be made effective retroactive to the effective date of the Agreement.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (added text shown in bold, italics, underlined, deleted text shown in strikethrough).
A. Section 8.2, "Shared Equity Appreciation,'' of the Agreement is hereby amended effective as of the effective date of the Agreement, to read in its entirety as follows
Shared Equity Appreciation. In the event of a Prohibited Transfer during the Affordability Period, in addition to repayment of the balance of the Note Amount, Agency shall receive a share of the sales proceeds that exeeed the value of the Property at the time of the Agonoy Loan, of the difference between the sale price that is in excess of the Affordable Housing Cost and the purchase price of the Property paid by the Owner, in order to recover funds for other low and moderate-income housing pursuant to Housing Program and state law. The Agency's share of the increase in equity shall be determined based on the length of time the Property has been occupied by an Eligible Person or Family prior to the Prohibited Transfer, pursuant to the table below. The /\geney's share of the equity inerease will be lowered in the event the Prohibited Transfer is the result of divoree or death.
YeaF ef Prnhibited PeFGeAt ef eguit't' IAGFease
TraAsfeF AfteF LeaA RetaiAed by OwAeF
YeaFS OtheF Qi•JeFGe Death
0 15 (}% {)% (}%
Hi HI .a-"lo e% 9-%
19 21 S% 9-% 42-%
22 24 9-% 43-% 46-o/o
25 27 43-% 4-7% 20.<>/o
28 30 4-7% 24% 24%
31 33 23-% 2-7-% 3-0%
34 36 29-% 33-% 36%
37 39 40% 44% 47-o/o
40 42 69-o/o -73-o/o 16-"lo
43 45 400% 400% 400%
As aA example eAly:
• Value of Property at time of loan - $150,000
• Value of Property at time of Prohibited Transfer - $250,000 • Increase in equity- $100,000
• Year of Prohibited Transfer after Loan - 20
• /\mount of Equity IAcrease !(opt by Owner - (5% X $100,000) - $5,000 • /\mount of Equity Increase shared with /\gency - (95% X $100,000) - $95,000 More specifically, the Agency Loari will be forgiven by 1120 on an annual basis for 20 years after which time the entire Joan will be forgiven. During that 20-year period, the equity sharing ratio (''ESR") will be 10%, meaning the Agency will retain 10% of the equity sharing appreciation amount ("ESAA") and the homeowner will retain 90% of the ESAAj thereafter, until expiration of the 45-year period, the 10% ESR will decrease by 0.4% per annum. The Parties are to consult the Authority's Equity Sharing Policy for examples of the foregoing.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
3. Counterpart Execution. This Amendment No. 1 may be executed in any number of counterparts, each of which shall be deemed to be an original instrument and all of which together shall constitute a single agreement.
4. Recordation. This Amendment No. 1 shall be recorded as soon as practicable following its mutual execution by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.
"AUTHORITY"
IRWINDALE HOUSING AUTHORITY,
a public body, as Housing Successor
to the Irwindale Community
Redevelopment Agency
Julian A. Miranda, Executive Director
ATTEST:
Laura M. Nieto, MMC
Authority Secretary
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, General Counsel
"OWNER"
KENNETH AGUA YO
Kenneth Aguayo
LEONARD AGUAYO
Leonard Aguayo
VALERIE SANCHEZ
Valerie Sanchez
A notary public or other officer completing this ce1iificate 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_~~~~~~~~~-)
On _____________ , before me, _______________ a Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrnment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trne and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
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 ____________ )
On ___________ ~, before me, _______________ a Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature ofNotary
(Affix seal here)
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 trnthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) §
County of~~~~~~~~~~~)
On ____________ ~•' before me, _______________ a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature ofNotary
(Affix seal here)
A notary public or other officer completing this ce1iificate 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 __________ ~)
On _____________ , before me, _______________ a Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose nanie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature ofNotary
(Affix seal here)
ATTACHMENT "2"
DE-115/GC-015
ATTORNEY OR PARTY W'ITHOUT ATTORNEY STATE BAR NUMBER: } 00652 FORCOURT'USEONLY NAME, STEPHEN E. ENSBERG
FIRM NAME,ENSBERG LA w GROUP
STREETAoonEss· J609 W. Garvey Ave. N.
CITY: West Covina srATE:CA ZIP CODI' 91790
TELEPHONE NO., 626-813-3744 CAX NO,, 626-813-3886
EMAIL ADDRESS: [email protected]
ATTORNEY FOR (name): Kenneth M. Aguayo
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS: 111 North Hill Street
MAILING ADDRESS: 111 North Hill Street
c1TY AND ZIP CODE Los Angeles, 90012
BRANCH NAME: Stanley Mask Courthouse
[K] ESTATE OF (name): c:::J IN THE MATTER OF (name): Ignacio B. and Sally F.
Aguayo
C.J DECEDENT [j[J TRUST D CONSERVATEE D MINOR
NOTICE OF HEARING ON CASE NUMBER:
PETITION TO DETERMINE CLAIM TO PROPERTY 22STPB08322
A petition has been fifed asking the coun to determine a claim to the property identified in 3, and a hearing on the petition has been set. Please refer to the petition for more information. /fyou have a claim 10 the property described in 3, you may attend the hearing and object or respond to the petition. If you do not want to attend the hearing, you may also file a written response before the hearing. ff you do not respond to the petition or attend the hearing, the court may make orders affecting ownership of the property without your input.
1. NOTICE is given that (name): Kenneth M. Aguayo
(fiduciary or representative capacity, if any):Petitioner and son of Decedent has filed a petition entitled (state complete title): SEE ATTACHED under Probate Code section 850 asking for a court order determining a claim or claims to the property described in 3.
2. A HEARING on the petition will be held as follows:
H- Date: 1111 /22
Name and address of court if different from above:
Hearing Time: 08:30 a.m.
Date Dept.:4 Room:
3. The property that is the subject of the petition is (describe each item of real or personal property; for real properly-i.e., land or buildings-give the street address or, if none. describe the prope1ty's location and give the assessor's parcel number):
16124 Calle De Paseo, Irwindale, CA 91706. ("Real Property"). The legal description of the Real Property is: "Lot 25 of Tract 29197 as per tnap recorded in Book 729, pages 61-62 of Maps, Records of the County Recorder's Office of Said County." APN: 8417-031-025.
D Continued on Attachment 3.
Check 4 only if the petition seeks the addition a! relief described.
4. LJ In addition to seeking to recover the property described in 3, the petition also alleges and seeks relief for bad faith conduct 1 undue influence in bad faith, or elder or dependent adult financial abuse. The petition describes these allegations in detail.
Based on the allegations, the pef1tion seeks to recover twice the value of the property described in 3 0 and requests that the court award attorney's fees and costs to the petitioner. (Prob. Code,§ 859.) Requests for Accommodations ·
Assistive listening systems, computer-assisted real-time caption!ng1 or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk1s office or go to www.courls.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (f9nn MC-410). (Civ. Code,§ 54.8.) Fom1 Adopletlfor Mandatory Use
Judii:lal Cout1cll of Ca!ifomia
DE· 115/GC·015 (New January 1, 2020/
NOTICE OF HEARING ON
PETITION TO DETERMINE CLAIM TO PROPERTY
Paga1of2
P1obtite Code, §§ 051, 1215,
1220, 1460, 17203
wwv1.courls.ca.gov
Wes1rawlli<&F .. llild ..
OE-115/GC-015
ULJ ESTATE OF LJ IN THE MATTER OF (name): Ignacio B. and Sally F. Aguayo
D DECEDENT DD TRUST D CONSERVATEE D MINOR
PROOF OF SERVICE BY MAIL*
CASE NUMBER:
22STPB08322
1. I am over the age of 16 and not a party to this cause. I am a resident of or employed in the county where the mal!Jng occurred.
2. My residence or business address is (specify): 1609 West Garvey Ave. North, West Covina 91790
3. I served the foregoing Notice of Hearing on Petition to Determine Claim to Properly on each person named below by enclosing a copy in an envelope addressed as shown below AND a. D depositing the sealed envelope on the date and at the place shown In item 4 with the U.S. Postal Service with the postage fully prepaid.
b. DD placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage fully pr~pald.
4. a. Date mailed: 1017122
b. Place mailed (oily, state): West Covina, California
5, [J[] J served with the Notice of Hearing on Petition to Determine Claim to Property a copy of the petition referred to in the Notice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: October 7, 2022
Sally Setll-Smith
(TYPE OR PRINT NAME)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED M!J!'i..ss_!§U:e_eUcl!l.illlber..£11Y..!i.t.!lle, __ ?i1E!I@)
1. Lalerie R. Sanchez I 419 E. Foothill Blvd,, Monrovia, CA 91017 2· Eguayo ____ -_J L 2629 Coralbush Drive, Leander, TX 78641 =1 ::=======================~-=======~ 3 L ======~ 4 [ J
5. ::==========::'.
6[~- D Continued -~1~· on an attachment. (You may ----- use Attachment to Notice of Heanng Proof of Service by Mail, form DE-120(MA)!GC-020(MA), for this purpose.)
•Do not use this form to prove personal or electronic service. You may use form DE-120(P) or GC-020(P) to prove personal service.
DE.115/GC.015 [New January 1, 2020] NOTICE OF HEARING ON Page2of2
PETITION TO DETERMINE CLAIM TO PROPERTY
Electronica!I FILED by Supeilor Court of Calffotn!a, County of Las Ango!;;s !3/22f2V22 5:08 PM Shern R. Carter, ExecutiVe Officer/Clerk. By-T. Young, Deputy Clark !
Hearing Jnformation: ·11/1/2022 8:20 AM
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signed for .ail 9urposes to: Penny, Brend.a J., Judicial Offlcor:Stanloy Mosk Dept, -4 STEPHEN E. ENSBERG, SBN l00652
ENSBERG LA \V GROUP
1609 WEST GARVEY AVr~NUE NORTH
WEST COVINA, CA 91790
(626) 813-3744
(626) 8 !3-3886-FAX
[email protected]
ATTORNEYS FOR KENNETH M. AGUA YO,
PETIHONER
IN THE MATTER OF
SUPERIOR COURT OP THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
22STPB08322
THE IGNACIO B. and SALLY f. AGUA YO
TRUST, DATED JULY 14, 1998
) Case No.:
)
) PETITION FOR ORDER TO
) CONFIRM VALIDITY OF TRUST; AND
) ALSO CONFIRM TRUSTEE AND ASSETS
) TO REVOCABLE TRUST
) [(PROBATE CODE SECTION §§ 850; I 7200(a);
) and I 7200(b)(l )]
)
) DATE:
) TIME:
) DEPT:
JS -------···---~·--·----)
19 Petitioner Kenneth M. Aguayo ("Trustee"), Successor Trnstee of the lgnucio B. and Sally F.
Aguayo Trust, dated July 14, 1998 ("Trust"), hereby alleges, 21 l
12 JURISll>ICTION AND VENUE
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I. The Court lrnsjurisdiction over the Real Property which is a niatter under Prnbate Code 25 sections 850(a)(3)(b), 17200(a), and 1 7200(b)(I) because the assets at issue in this proceeding belongs 26 to the Trust, which was validity created by the Settlors thereof. 2&
2. Venue is properly laid in Los Angeles Co<mty lmder Probate Code section 17005 in that • PETlTlON FOR ORDER TO CONF!Rlvf VAL!DlTY OF TRUST; AND ALSO CONFlRM TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PROBATE CODE SECTION §§ 850; l 7200(a); and 1 7200(b ){l) l
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14 the named Trustee of the Trust (Kenneth M, Aguayo) and the originators of the Trust, all resided in Los Angeles County. Addiiionally, the principal location for tile Trust administration is in the City of Irwindale, Los Angeles County, within this Jurisdiclional District. n.
FACTUAL BACKGROUND
3. On March 17, 1965, Ignacio B. and Sally F. Aguayo, husband and wife, acquired the Real Property known at issue herein as 16124 Calle De Paseo, Irwindale, CA 91706. ("Real Property").
The legal description of the Real Property is: "Lot 25 of Tract 29197 as per map recorded in Book 729, pages 61-62 of Maps, Records of the County Recorder's Office of Said County." APN: 8417-031-025.
True and conect copies of the original deed <la.led March l 7, 1965 are attached hereto as Exhibit 1, and incorporated herein by this refcl'ence, bearing fnstrL1n1ent No. 1566. ,,
~. The Real Pmperty remained in Title by the Settlors up to and including, whell the Real 15 Property uud its owne1'Shlp was transferred on June 8, 1998 by Ignacio B, und Sally f, Aguayo, husband 16 I
, and wife, as joint tenants to fgnacio B, and Sally F. Aguayo, as Co-Trustees of the Ignacio B. and Sally 17 I
18 F. Aguayo Trust dated June 8, 1998, True and correct copies of the Deed placing the Property into the 19 Trust, dated Jm1e 8, 1998 are attached hereto as Exhibit 2, and incorporated herein by this reference, :w 1 bearing: Instrument No. 98-1203274.
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5, A trne and correct copy of rhe Trust Instrument is attached as Exhiliit 3, and incorporated herein by rbis reference, The Settlors listed the Real Property, 16124 Calle De Paseo, lrwindalc, CA 91706, within Exhibit A to the Trust, dated June 8, L 998.
6. On or about May 1, 2007, the Trustees entered into a Deed of Trust with an Assigrunent of Rents Loan with Irwindale Redevelopment Agency evidencing a p11blic loan in the amount of $134,668.95 for the purpose of completing attd repairing various Q,1de violations of the Sµbject Prnperty 2 PETITION FOR ORDER TO CON fl RM VALIDITY OF TRUST; AND ALSO CONflRM TRUSTEE AND A:SSETS TO REVOCABLE TRUST [(PROBATE CODE Si"'.CTION §§ 850;17200(a); and l7200(b)(l)]
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involving electrical~ plun1bing, "vater heater, roof, kitchen ren1odel, bathroom rernodel, flooring~ interlor/oxterior doors, tennite repairs, patio covers, y.1indow!>isliders~ £-I\I 1\C~, gales, landscape~. irrigation system and concrete work at the Subject Premises. This was ajun[or loan to tho Subject Property and did not impair the Deed of the Trustees, nor their priority ownership Trust interest. The Deed of Trust for Irwindale Development Agency was recorded as Instrument Number 2007104 72273 on May I, 2007, A true and con-eel copy of the Deed of Trust is attached as Exhibit 4, and incorporated herein by this 1:eference. This Deed of"f1'L1St did not affect tbe O\.Vnership priority of the rrrustcc/Ownees.
7. Thereafter, on or about November l, 201 l, the Trustorn/Trustees took out a secured mortgage loan in the amount of $196,000, whicb was recorded on November I, 201 l, as Instrumenl No.
2.0l l 1475975 in the Office ofthc·Los Angeles County Recorder. A true and com~ct copy of the Ivfortgage Loan is attached as Exhibh 5 .. and incorporated herein by this refurence, f\S <iccurs ln so nntny lender loan transactions, the n1ortgagc lender to docuu1ent (he new loan requires and required in this instat1ce the borrowers, here the Trustees, Ignacio B. and Sally F. Ag\iayo, lo reconvey Ullc to the Real Property in the individtmls as Trustees und make !hem transfer and hold title for the purposes of the loan only as individuals as occurred here in the Grant Deed dated N ovem bcr I, 2011 as recorded lnstnunent No. 20111475974. A true and con:ect copy of the Grant Deed is attached as Exhibit 6, and incorporated herein by this reference. The Trustees, fgnacio B. and Sally F. Aguayo, understood that title to their property would be automatically re[nstated in November to the borrowers as Tmstees of the Property ownership such lhal the property would be held again as Trnstees lgrtacio B, and Sully F. Aguayo, (See Declaration of Kenneth M. Aguayo, son and current Trustee.) It has always been so held. The Deed language to the P(operty \Vas never ren1oved fl·on1 the Trust language and \.vri[ing.
8. The Deed of Trust of the new loan is recorded as Instrument No. 2011 l475975. A true at1d correct copy of the Granl Deed is attachecl as Exhibit 7, and incorporated herein by this reference.
PETfTION FOR ORDER TO CONFIRM VALID!TY Of' TRUST; AND ALSO CONFIRM TRUSTEE AND:ASSETS TO REVOCABLE\ TRUST [(PROBATE CODE•SECTION §§ 850;l 7200(a); and 17200(b)(I)]
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9. 'f11e Trustees/Owners, Ignacio B. and Sally F. Aguayo, believed that their Real Property had again been made in their Tri.tot when they came to have a Trust Amendment dated February 14, 2020 to attorney Stephen E. Ensberg. A true and cmTect copy of the Trust Amendment is attached as Exhibit 8, and incorporated herein by this reference. Counsel reviewed the original Trust (1999) and the intentions of the Trustees, Ignacio B. and Sally F. Aguayo, who confirmed that title !o their house still remained in their ownership as Trustees, Ignacio B. and Sally F. Aguayo. This was confirmed in paragraphs 2 through 4, and paragt·aph 7 ofthetr '[rust and Arnendlitent which provide as follows:
"2. Patt Two, Dispositive Provisi011s, Page 6. Notwithstanding anything else set fmth in the original Trust to the contrary, all as.,ets of the Trust are to be used solely for the benefit of the original Trustors/Settlors, Ignacio B. Aguayo and Sally P. Aguayo, and for the Survivor of either of them during rhc:ir lifetime.
3. Primary Beneficiaiy Trnst, page 16. Upon the demise of both Ignacio B. Aguayo and Sally F.
Aguayo, after their final taxes at1d expenses are paid, all the assets of the Trust shall be marshalled (house, and existing a1muity, and anything else owned by the original Trustors/Settlors), and dis1ributed to Valerie R. Sanchez (one third share), Kenneth M. Aguayo I (one third share), and Leonard B. Aguayo (one third share). !fan)' of these beneficiaries p'.edecease th~ original T1·usto_rs and do n~t outlive them, their respective one third share shall be 1 1
given lo their issue by nght o1 representation.
4. The distribution of the Estate assets in one third shares shall be accomplished by the sale of the Real Property, located at l 6124 Calle De Pasco, Irwindale, CA 9 I 706-2112, and the division I and uislribulion thereof of U1e sales proceeds into tbirds. one share for each sibli11g. A11y bank or other financial accounts of the Trustors, or either of them, shall also be divided into three shares, with one share being disll'lbuted to each sibling."
(Trust Amendment, page 1, paragraphs 2-4: Exhibit 8).
"7. The following items are deleted from the Schedule A, Trust Assets:
a. Metropolitan Life, Whole Life Policy #9296581l6PR;
b. Aetna Life, Life Policy #N2872988;
c. 1993 Chevrolet Pickup, Serial #lGCCS I 92TPI 819727; d. 1989 Lazedaze Motor Home, Serial #2GBJC31K4129!97;
e, 1984 Toyota Pickt1p, Serial 114RN6555E503305."
(Schedule/\, Tnrnt Assets; Exhibit 8). Attached as part of the origi11al The Ignacio B. and Sally F.
Aguayo Trust, dated fone 8, J 998 an<l May 14, 2020.
10 A review of the original Trust provisions (Schedule A, Trust Assets, dated June 8, 1998) shows that the Real Property was part of the Trust, which is confirmed on May 14, 2020 (Exhibit 3) which shows that the Trustees/Owners stated that th$ Real Property was still in their Trust since PET[TfON FOR ORDER TO CONFIRM VALIDITY or TRUST; AND ALSO CONFIRM TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PR OBA TE CODE SECTION §§ 850; 172.00(a); and 17200(b)(I)]
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paragraph 7 makes plai11 that the Trustors/Owners tl1otlght Schedule A (Exhibit S) did not remove their Real Property from the Trust, dated June 8, I 998. This confirms their belief that the Real Property remained in the Tnist, 11t all times.
11. On February 14, 2020, the Trustors/Owners .. Ignacio B. Aguayo and Sally F. Aguayo prepared an amendment to their original Trust, June 8, 1998, again confirming that the Real Property is itl their Family Tt11st as reflected in p?.ragraphs 2-4, and paragraph 7, (E:<liibil S). This makes il clear that the Trustees/Owners Ignacio B. Aguayo and Sally F. Aguayo, made a mistake in 2011, believing that the property bad ;,gain been placed in Trust after the loan on 2011 for$ l 96,000, was taken our.
12. This is a regular error made by lay people about taking out loans, taking out title to their Trust from the Real Property, and then failing to have it put back into Trust due either by a mistake, or mism1derstanding (either of which highly likely which occurred here).
13. The Scttlors!Trustees each passed away on January 9, 2022 and August 18, 2020. The Trust names Petitioner, Kenneth M. Agnayo, ;md Valerie R. Sanchet. were as Successor Trustees of the Trust fallowing the death of the Trustees/Trustors, their parents, Ignacio B. Aguayo and Sally P.
Aguayo. The two i11dividuals, l(cm1cth and Valerie, have agreed that Kenneth as Successor Trustee will act for and sign this pleading as Trustee of the Estate of Ignacio B. Aguayo and Sally F. Aguayo.
14. At the time of the deaths of the Scttlors, Ignacio B. Aguayo and Sally F. Aguayo, the real properly for them both mistakenly remained titled in the names oflgnacio B. Aguayo and Sally F.
Aguayo~ as indivkluals, as their separate property, ralher Lhan as their tiUe as Successor 1·rustees.
Notwithstanding this titling, the Real Properly was and is a proper asset of !he Trust and should be designated, respectively, as so. The wordi11g of [l\e Real Property for the Trnst never changed.
15. Petitioner, Kenneth M, Aguayo, now pclilions this Court lo conlirm the SeUlor's Real Property as a Trust asse[ us to be held and administered pmsuant ro [he terms of the 'frusl by both Trustees, Kenneth M. l\guayo, and \lalet"ie R. Sanchez.
Ht
LEGAL ARGllMENT
16. Probate Code Section 850(a)(3)(B) authorizes a trnstcc to bring ~1 pcti!icJJl "where the trustee has a claim to real or personal properly .... ". Here, Petitioner as Successor Trustee, is claiming an interest in th0 Real Property as being a proper Trust asset. 5 PETITION !'OR ORDER TO CONF!fuvf VALIDITY OF TRUST; AND ALSO CONFIRM TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PROBATE CODE SECTION§§ 850;17200(a); and I 7200(b )( l )]
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17. An authorized method for creating$ Trust is by "[a] declaration by the owner of the property that the owner holds the property tis Trustee. ("P.C.") Section l 5200(a). Here the Trust dated .lrtlj' 14, 1998, Schedule A dated July 14, 1998, established in writing tlmt thc property ar 16124 Calle De Paseo, Irwindale, CA 91706, was made pan of The Ignacio B. and Sally F. Aguayo Trust. If Real Property like this is involved, the Declaration ofTrL1st must be in writing, signed by the Trustees as occmred here by the lgnacio B. and Sally F. Aguayo Trust, and the signature of the Trustees. ("P .C. § 15206(a.)"). However, in a Declaration ofTrnst for Real Pr(>perly, no separate transfer by Deed is required, although such transfer occuncd here. (See Exhibit 2). (Es/ale qfHeggstad (1993) 16 Cal. App. 4'11 943., 947.; see also Schedule A foly 14, 2018 (See Exhibit 8). See also Trust Amendment (Exhibit 7 and Exhibit 8).
18. In Heggs/ad, Mr. Heggstad created a valid Revocable Living Trust in which he named himself as Trustee, and included within his Trust !he Real and Personal Propei-ty listed in Schedule A which was attached to the Heggstad Trnst. Mr. Heggstad never trnnsforrcd the Title of the Real Property to himself as Trustee. The Court, in affirming the Trial Court's decision, held that "a written declaration of trust by the owner of real property, in which he names himself as trustee, is sufficie111 lo create a trust in that property. and tl1e law does not require a separate deed translierring the property to the lrnst." (Estate ofHeggstad (1993), 16 Cal. App 4111 943, 950.)
19. In this case, the Set!lors/Trnstees, Ignacio B. and Sally r. Aguayo, in 1998, cxernled the Trust and amendments thereto declaring themselves as Trustees with the ownership of their Real Prope1·t)' in Trust. As in Heggstad, the Settlers !isled the Rea[ Properly al issue in Trust as shovm on Schedule A of the Tn1st dated July 14, 1998, (Exhibit 2); see also Schedule A, f'ebruary 14, 2020 (Exhibit 8), and in their Trust Amendment, daled February 14, 2020. In all these d1Jcuments, the Setrlors/Trusrees, Ignacio B. and Sally F. Aguayo. made reference to tl1cir Trust ownership of the Real Property located at 16124 Calle De Pasco, Irwindale, CA 91706, even after their mortgage loan \vas taken out in 20 l 1} as discussed above.
20. Because, in all of these docwnents, the Settlors/Trustecs declared themselves to be I Tn1stees of the Trust and declaring that the Trust referred to all Trust documents identified in all of the above described property. This confirmed that it was never the intent of the Settlors!Trustccs to have the Real Property outside of the Tnist. All of the Trust documents and amendments refer to lhe Real Propert;1 as part of the Trnsl. Even the fact that in 2011 accident took place because the Deecl was not properly re"done, does not effect the fact that the TrHst documents all identify lhe Real Properly ({S PETlTlON FOR ORDER TO CONFIRM VAUDlTY OF TRUST; AND ALSO CONFIR.!Vf TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PROBATE CODE SECTION §§ 850;17200(a); and l7200(b)(l)] .
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within the Trust. This was confirmt'<i in 2020 when the Atnended Trust was done and again referred to the same language as Exhibit A regarding tl1e Real Properly into the Amended Trnsl. This confirmed that the Real Property, at all times, should be accepted and ordered as prtrt of the Trust. 2 L Pursuant to P.C. Section 15200(a), tlie Real Property in the Trust of Ignacio B. mid Sally F. Aguayo is and remains on asset of the Trust Estate as of the date of the original and amended Trust from 1998 through tlw prese11t because the Trustees, original and successors, declared themselves to be TrCislees of the Ignacio B. and Sally F. Aguayo Trust. The Real Property should be confirmed as a Trust asset so that Petitioner, one of the Sttccessor Trustees, can hold, sell, administer and disttibute the Reul Property along \Vitb. the other Trt1st assets.
22. Petitioner respectfully reqttests that this Court cot16rm that the Real Property is an asset of the Trust esl<tte to be held and administered pursuant to the Trust's terms. ?'
.~J. The names and addresses of the beneficiaries oftbe Trust, all of whom are entitled to notice (other than Petitioner), are as follows:
Name and Address ·-·--- _A __ ~_ue_· --~----------.--·r-R_e_la_l_io_n_s_h_ip --~-----1 Kenneth M. Aguayt' Adult Child Son/Succcssor!Beneficimy 634 3 Iris Court
East Vale. CA 92880 r--- . --"-~--.-·. ·--+--~~~---------t-----,-----,-,-~---11 Valerie R. Sanchez Adult Child Oaughter/Successor/Beneficimy 16 419 E. Foothill Blvd. ' I Monrovia, CA 91016
l 7 I 1-o-L~eo-n"'a"-rd"-=B'-. ~A~g~u~ay~·o=----+-A-d_u_lt C_h."ild ____________ __,,_S~<-)n...,/S~t~tc-c-es-s-o-rl"'B-e-ne...,f-,c-ia-ry---~I )~
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18 2629 Coralbush Drive
Leander TX 78641 ~~~--~------~-------------.---.. ·-"------------~! Wherefore, Petitioner prays for:
1. An Order determining that the Ignacio B. and Sally F. Aguayo Trust, dated July 15, 1998 is valid and also the Trust Amenrlmern, dated February l 4, 2020 is valid;
2. An Order confirming that Kenneth M. Aguayo is the Successor Trustee of the Ignacio B. and Sally F. Agunyo Trnsl, dated July 15, 1998 and the Trust Amendment, dated Fcbruury l 4, 2020;
3. An Order confirming that Successor Trustee, Kenneth M. Aguayo 's r[ght, t[!le and interest in m1c! to the Real Properly commonly known as l 6124 Calle De Paseo, Irwindale, CA 9 i 706, with a legal description as "Lol 25 of Tract 29 [ 97 as per map recorded in Book 729, . 7 PETITION FOR ORDER TO CONFIRM VALIDITY OF TRUST; AND ALSO CONFIR.t\>1 TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PROBATE CODE SECTION§§ 850; l 7200(a); and I 7200(b)( l )] .
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27 pages 6 l-62 of Maps, Records of the Cotu1ty Recorder's Office of Said County, APN: 8417- 031-025. is an asset of the Ignacio B. and Sally F. Aguayo Trust, dated July 15, 1998, to be held, administered, sold, and/or distributed by Successor Trustee, Ke1meth M. Aguayo under the terms of the Trust.
4. Such and further Orders as the Court deems proper.
Dated: August 17. 2022
BY:
ENSBERG u;yv G;u.· p _L}} ~·
.~~f __ _ Steg,J1e'6 E. E94he";g ~~ Attorneys for Kenneth lvl. Aguayo Petitioner
PETITION l'OR ORDER TO CONFIRM VALJDITY OF TRUST; AND ALSO CONf!RM TRUSTEE AND ASSETS TO REVOCABLE TRUST [(PROBATE CODE SECT10N §§ 850; l 720(l(a); and l 7200(b)(l)]
RA Item 24A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JUNE 5, 2023
MONDAY
5:47 P.M.
The Irwindale RECLAMATION AUTHORITY met in regular session at the above time and place.
ROLL CALL:
AB 2449 DISCLOSURES
CHIEF ASSISTANT
AUTHORITY
SECRETARY NIETO
ANNOUNCEMENT
CHIEF ASSISTANT
AUTHORITY
SECRETARY NIETO
CONSENT CALENDAR
MOTION
ITEM NO. 16
MINUTES
Present: Board Members Mark A. Breceda, Manuel R. Garcia, Larry G. Burrola, Vice Chair Albert F. Ambriz;
Chair H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Jamie Traxler, Assistant General Counsel; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
Chief Assistant Authority Secretary Nieto noted that Vice Chair Ambriz would be participating in the meeting remotely under the provisions of AB 2449.
Chief Assistant Authority Secretary Nieto announced the following:
"As required by Government Code Section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting."
A motion was made by Board Member Burrola, seconded by Board Member Breceda, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
A) Regular meeting held March 8, 2023
ITEM NO. 17 2023 2nd QUARTER MINING REPORT OF NINE (9) SMARA PITS 2023 2nd QUARTER
MINING REPORT OF The report was received and filed.
NINE (9) SMARA PITS
RECLAMATION AUTHORITY MINUTES
SPECIAL MEETING
JUNE 5, 2023
PAGE2
ITEM N0.18
INVESTMENT POLICY
REVIEW AND
DELEGATION OF
INVESTMENT
AUTHORITY
RESOLUTION NO.
HA 2023-03-038
ADOPTED
ITEM NO. 19
INVESTMENT
QUARTERLY REPORT
FOR FISCAL
QUARTER
ENDING MARCH 31,
2023
SPONTANEOUS
COMMUNICATIONS
PUBLIC HEARINGS
ITEM NO. 20
ADOPTION OF FY
23/24 BUDGET AND
ESTABLISHING THE
APPROPRIATIONS
LIMIT FOR FY
23/24
ASSISTANT GENERAL
COUNSEL TRAXLER
DIRECTOR BORHANI
OPEN
PUBLIC HEARING
INVESTMENT POLICY REVIEW AND DELEGATION OF
INVESTMENT AUTHORITY (Joint Item on City Council, Successor Agency, Housing Authority, and Reclamation Authority Agendas) Resolution No. RA 2023-03-038, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING
AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD,
RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND
DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST
THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE
SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND
IRWINDALE RECLAMATION AUTHORITY," was adopted.
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER
ENDING MARCH 31, 2023
The Investment Quarterly Report for the fiscal quarter ending March 31, 2023, was received and filed.
There were no speakers.
ADOPTION OF FISCAL YEAR 2023-24 BUDGET AND
ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2023-2024 (Joint Item on City Council, Housing Authority, and Reclamation Authority Agenda)
Assistant General Counsel Traxler requested that all agencies convene concurrently to discuss this item.
Director Borhani made a PowerPoint presentation and presented the staff report.
At 5:30 p.m., Chair Ortiz opened the public hearing.
RECLAMATION AUTHORITY MINUTES
SPECIAL MEETING
JUNE 5, 2023
PAGE 3
CLOSE
PUBLIC HEARING
BOARDMEMBER
BURROLA
BOARDMEMBER
GARCIA
There being no speakers, Chair Ortiz closed the public hearing at 5:31 p.m.
As requested by Boardmember Burrola, Director Borhani briefly discussed forecasted revenues from construction permits and plan check fees.
Boardmember Garcia expressed concern over dwindling availability of housing funds, to which Executive Director Miranda advised that a presentation will soon be made to the Council regarding linkage fees, which would help raise funds for housing.
ASSISTANT EXECUTIVE In response to a question by Boardmember Garcia, Assistant DIRECTOR OLIVARES Executive Director Olivares advised that the all-in-one learning stations being currently used at the Irwindale Library would be relocated to the new Library, once built.
CHAIR ORTIZ
BOARDMEMBER
BRECEDA
RESOLUTION NO.
HA 2023-05-136
ADOPTED
ADJOURNMENT
Chair Ortiz expressed his belief that the city should not foot the bill for animal control services conducted by the County of Los Angeles at the Santa Fe Dam, which is operated by the County.
Boardmember Breceda concurred with Chair Ortiz.
Resolution No. HA 2023-05-136, entitled:
"A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY
ADOPTING THE BUDGET FOR FISCAL YEAR 2023-2024," was
adopted, on the motion of Vice Chair Ambriz, seconded by Boardmember Breceda, and unanimously approved.
There being no further business to conduct, the meeting was adjourned at 5:48 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
DCity Council
OSuccessor Agency
0 Housing Authority
181 Reclamation Authority
OJoint Powers Authority
Date: September 13, 2023
City tJ/
IRWINDALE
AGENDA REPORT
RA Item 25
To:
From:
Honorable Chairman and Members of the Irwindale Reclamation Authority Julian A. Miranda, Executive Director
Issue: 2023 Third Quarter Mining Report of Nine (9) SMARA Pits Executive Director's Recommendation:
That the Irwindale Reclamation Authority receive and file this report.
Administrative Action:
Submitted by:
Eddie Chan
Authority Engineer/Building Official
Prepared by:
Francisco Carrillo
Construction Compliance Manager
Reviewed by:
Kambiz Borhani
Authority Finance Director I Authority Treasurer
Approved by:
Julian A. Miranda, Executive Director
Background and Analysis:
The table below summarizes the 2023 third quarter estimated mining production of five (5) pits governed by the Surface Mining and Reclamation Act of 1975 (SMARA Pits) currently conducting mining activity in the City.
Mine Site Estimated Production Estimated Remaining
June 2023 through Reserve (Tons)
August 2023 (Tons)
Lehigh Hanson Pit 492,196 50,792,106
Peck Road Gravel Pit 15,000 142,000
Vulcan Reliance I 764,707 21,623,699
Vulcan Durbin 449,059 28,948,816
Olive Pit 492,765 27,825,193
A total of approximately 2,213,727 Tons of material were produced during this reporting period, June 2023 through August 2023, from the five (5) SMARA Pits listed above. This is approximately 575,322 Tons more than reported in the previous quarter.
Below is a summary of the third quarter and current activity of the remaining four (4) SMARA Pits in the City.
Mine Site Status Activity
United Pit No. 2 Under Reclamation Fill Operations for Mine Reclamation
United Pit No. 3 Under IMP Review* Inactive
United Pit No. 4 Active Processing Plant
Azusa Western Pit Idle (IMP) Inactive
*Interim Management Plan (IMP) for United Pit No. 3 is currently under review. Thus, no production was reported and it is estimated that 370,470 Tons of reserves remain for future mining.
During the 2023 third quarter reporting period, reclamation activity was reported from three (3) SMARA Pits. Following is a summary of the reclamation activity at these three SMARA Pits:
Mine Site Estimated Fill Placed
June 2023 through August 2023 (C.Y.)
Lehigh Hanson Pit 104,808
United Pit No. 2 362,936
Vulcan Durbin Pit 129,800
Page2
As to the status of the City owned Olive Pit, CA Mine ID# 91-19-0052:
United Rock Products (United) continues to make progress on the installation of the traffic signal at the Olive Pit entrance on Los Angeles Street. United has successfully secured the necessary right-of-entry permit from Metrolink to continue with the construction of this traffic signal. Based on the revised construction schedule, the anticipated completion date for this signal is September 30, 2023.
United continues its efforts to obtain the final approval of the traffic signal at the intersection of Azusa Canyon Road and Los Angeles Street. Notably, progress has been made as the owner of the southeast corner property of the intersection have verbally consented to dedicate to the City the necessary easement for the construction of this traffic signal. The property's attorney is currently reviewing the Easement Dedication documents for formal signature, subsequent documentations will be filed accordingly. In addition, staff has established communication with the east side property owners associated with the second required easement for this project. Due to the need of this property owner to develop their property, they are also inclined to dedicate the easement to the City. With the cooperation of all parties and agencies involved, United is anticipating the final approval of the project's design by late 2023.
Fiscal Impact:
None.
Page3
OCity Council
DSuccessor Agency
DHousing Authority
l2<J Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityef
IRWINDALE
AGENDA REPORT
RA Item 26
To: Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending June 30, 2023.
City Manager/Executive Director's Recommendation:
That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2023.
Administrative Action:
Submitted, Prepared & Reviewed by:
Kambiz Borhani
Authority Finance Director/ Authority Treasurer
(626) 430-2221
Approved by:
Julian A, Miranda, City Manager/Executive Director
Background and Analysis:
California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City's adopted investment policy (City's Investment Policy).
The City's Investment Policy applies to all funds held by the City, Housing Authority, Successor Agency, and Reclamation Authority. The Reclamation Authority's funds are included in the City's cash and investment balances. The Investment Report for the quarter ending June 30, 2023, was presented to the City Council, Housing Authority, and Successor Agency Board on July 26, 2023. The Reclamation Authority Board was not scheduled to meet on that date, and therefore it is appropriate to present the same Quarterly Investment Report to the Reclamation Authority during their next regularly scheduled meeting.
The attached Investment Report summarizes the cash balances and investments as of June 30, 2023, for each agency. The City of lrwindale's balances include investments of all funds of the City and its agencies, including the Reclamation Authority, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City's Investment Policy.
Fiscal Impact:
There is no fiscal impact to receive and file this report.
Attachment:
City of Irwindale Investment Report - June 30, 2023
CITY OF IRWINDALE
INVESTMENT REPORT
June 301 2023
PAR VALUE/ CURRENT PURCHASE MATURITY MKTVALUE/ INVESTMENT SECURITY DESCRIPTION ORIGINAL YIELD TO ENDING
COST MATURITY DATE DATE BALANCE RATINGS
CITY OF IBJl!il~Q.!IL§ !~OQb§D-ALL FUNQS, INCLYD!f!IG BECLAMATION AUTHORIT~} BANK OF THE WEST GENERAL ACCOUNT $ 366,906 0.36% $ 366,906 WELLS FARGO BANK MONEY MARKET ACCOUNT $ 615,452 5.01% $ 615,452 LOCAL AGENCY INVESTMENT FUND (L.AIF} $ 50,470,273 3,36% $ 49,789,446
US GOVERNMENT AGENCIES
FEDERAL HOME LN BKS CONS BO (FHLB) $ 5,000,000 0.52% 01na121 01/28/25 $ 4,641,527 Aaa/ AA+ FEDERAL FARM CR BKS CONS SYSTEMW'IDE (FFCB) 5,000,000 0,58% 06/23121 06/23/25 4,573,620 Aaa/AA+ FEDERAL FARM CR BKS CONS SYSTEMl/oJIDE (FFCB) 3,000,000 0,90% 06/16/21 06/15/26 2,684,957 Aaa/ AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 5,000,000 1,00% 06130/21 06126126 4,484,837 Aaa/ AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 5,000,000 0.50% 06130/21 06/J0/26 4,449,407 Aaa/AA+ FEDERAL FARM CR BKS CONS SYSTEMIA'IDE (FFCB) 5,000,000 0.87% 07/28/21 07126126 4,459,023 Aaa/ AA+ FEDERAL HOME LN BKS (FHLB) 5,000,000 0,50% 07/29121 07/29/26 4,492,364 Aaa/ AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 1,000,000 3.42% 08/29/22 11/15/24 941.595 Aaa/ AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 1,000,000 3,45% 08/29/22 12/27/24 940,521 Aaa/AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 1,000,000 3,28% 08/29/22 02122127 910512 Aaa/AA+ Sub~Total US Goverl'lment Agencies: $ 36,000,000 $ 32,678,183
MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE $ 1,000,000 3,35% 08/30/22 04/01/24 $ 980,491 Aa2/ AABAY AREA CALIFORNIA TOLL AUTHORl1Y 1,000,000 3.50% 08/30/22 04/01/25 948,658 Aa3JAA.
CALIFORNIA STATE TAXABLE 1,000,000 4.30% 01/09/23 10/01/26 1,020,992 Aa2/AACOAS'f COMMUNl1Y COLLEGE DISTRICT CAL!FORNIJ 1,000,000 4.22% 02109/23 08/01/26 928,606 Aa1/AA+ CALIFORNIA STATE TAXABLE 1,000,000 4,00% 04/26123 04/01/28 949262.B Aa2./AAUNIVERSl1Y OF CALIFORNIA 1.0001000 3.90% 05117123 05/15/21 879,214 Aa2/AA Sub-Total Municipal Bonds: $ 6,000,000 $ 5,707,284
CORPORATE BONDS
WELLS FARGO & COMPANY $ 2,000,0-00 6.25% 10121/22 10/21/21 $ 2,004,137 A1/BBB+ TOYOTA MOTOR CREDl'f CORPORATION 110001000 5.00% 11110122 10/16/25 905 619 A1/A+ $ 3,000,000 $ 2,909,756
CERTIFICATES OF DEPOSIT
BANK OF CHINA $ 245,0-00 3,159% 08/31122 02/28/24 $ 241,484 FDIC Insured JP MORGAN CHASE BANK 245,000 3,40 % 08131/22 OB/30/24 239,267 FDIC Insured APEX BANK 245,000 3.153 % 08131/22 08/30/24 236,563 FDIC Insured UBS BANK USA 245,000 3,.40% 08131/22 09/02/25 234,686 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3,35% 08131/22 09/02/25 234,717 FDIC lnsurad COMMUNITY BANK OF THE BAY 245,000 3,50% 08131122 06/31127 228,478 FDIC Insured CAPITAL ONE BANK USA 245,0{)0 3.45 % 08/31/22 06/31127 226,119 FDIC ll'lsured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45% 08131/22 08/31127 228,119 FDIC Insured ALLY BANK 245,000 3,35% 09/01122 09/01/26 230,638 FDIC lnsured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02127 226,101 FDIC Insured CUS'fOMERS BANK 245,000 3.00% 09/06/22 09/06/23 243,896 FDIC Insured MEDALLION BANK 245,000 3.25% 09/07/22 09/08/25 234,069 FDIC Insured BMO HARRIS BANK 245,000 3,15% 09/09/22 03/11124 241,332 FDIC Insured DR BANK 246,000 3.60% 09/09/22 09/09/26 232,240 FDIC Insured SAFRA NAllONAL BANK 245,000 3,05% 09/09/22 10110/23 243,464 FDIC Insured MORGAN STANLEY BANK 246,000 3.45 % 09/09/22 09/09/27 228,085 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 228,085 FDIC lnsured TRADITIONAL CAPITAL BANK 245,000 3,30% 09/14/22 03/13126 232,101 FDIC insured PONCE BANK 245,000 3.35% 09/14122 09/14/27 228,940 FDIC Insured FJRST NATIONAL BANK 245,000 3.45 % 09/19/22 09/20/27 227,863 FDlC Insured FIRS1WESTERN TRUST BANK 245 000 4.55% 01/06/23 01/06/28 237 769 Fore Insured SubMTotal Certificates of Deposit: $ 5,145,000 $ 4,908,233 Total City of Irwindale Investments (Pooled Funds): $101,597,631 $ 96,875,240 HOYSlt!!:~ ,6UTHOBITV jFunds 11 & 12}
BANK OF 'fHE WES'f GENERAL ACCOUNT $ 466,008 0.36% $ 466,00B LOCAL AGENCY INVESTMENT FUND (LAIF) 5.727 040 3.36% 5,649,784 $ 6,193,048 $ 6,115,792
SUCCESSQB AGENCY (Funds 50k66}
BANK OF THE WEST MONEY MAAKEf ACCOUNT $ 259,876 0.36% $ 259,876 LOCAL AGENCY INVESTMENT FUND (lA!F} 6,9301290 3.36% 518501292 $ 6,190,166 $ 6,110,168
GRAND TOTAL OF INVESTMENTS $113.980.845 $ 109,101,200
This Investment portfoUo ls Jn conformity with the City of hwlndale's fnvestmenl Polley which was approved by City Council on June 5, 2023.
The City Treasurer's cash management program and cash flow analysis Indicates that sufficient Uquldlty Is on hand to meet estimated future expenditures for a perfod of six months. The weighted average ofmaturlty of the City's pooled Investment portfolio !s1.21 years, and the weighted average yield of the City's pooled Investments at cost Is 2.26%. Market prices of securities are obtained directly through Bank Statements. Due to timing, Bank of the West General Account balances are pre-reconciled and yle!d rates are based on the prior month's account <1nalysls statement.
Approved by A: f.J&-~· Kamblz Boman!, Finance Director I City Treasurer