Irwindale City Council
May 8, 2024

expenditure until June 30, 2028, for the State
Department of Public Health to implement and
oversee a grant program for specified local health
jurisdictions for sexually transmitted disease prevention and control activities.

The department shall monitor activities in funded
local health jurisdictions to assess the effective-
(b)
ness of sexually transmitted disease prevention
and control activities.

Notwithstanding any other law, contracts or grants
awarded pursuant to this provision shall be exempt
(c)
from the Public Contract Code and the State
Contracting Manual, and shall not be subject to
the approval of the Department of General Services.

Of the funds appropriated in Schedule (2),
$300,000 shall be available for encumbrance or

7. (a)
expenditure until June 30, 2028, for the State
Department of Public Health to establish demonstration projects to allow for innovative, evidenceinformed approaches to improve the health and well-being of the most vulnerable and underserved
Californians living with or at risk for hepatitis B
virus (HBV) infection.

The demonstration projects shall be informed, in
part, by a landscape analysis to be conducted by
(b)
the State Department of Public Health of existing
HBV outreach, screening, and linkage to and retention in care efforts statewide. The landscape analysis shall include an assessment of current
efforts and needs to serve the most vulnerable and
underserved Californians living with or at risk for
HBV infection.

The department shall establish a process to request
applications, and award funding on a competitive
(c)
basis, for eligible entities to operate a demonstration project pursuant to this chapter.

The demonstration projects shall include an evaluation component and the department shall devel- (d) op a plan for disseminating lessons learned to
strengthen new and existing programs.

Of the funds appropriated in Schedule (2),
$20,000,000 is available for encumbrance or ex-

8. (a)
penditure until June 30, 2026, to support the
Youth Suicide Reporting and Crisis Response
Pilot Program.
96 — 69 — Ch. 9

Contracts entered into or amended pursuant to
this provision shall be exempt from Chapter 6
(b)
(commencing with Section 14825) of Part 5.5 of
Division 3 of Title 2 of the Government Code,
Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from
the review or approval of any division of the Department of General Services.

Of the amount appropriated in Schedule (1),
$51,300,000 shall be available for purposes related to COVID-19 response.

9. Of the amount appropriated in Schedule (2),
$3,200,000 shall be available for encumbrance or

10. (a)
expenditure until June 30, 2026, to support a
Public Health Workforce Development and Engagement Program aimed at supporting worker upskilling to improve retention of the public
health workforce and help incumbent workers
develop their skills to meet future public health
demands. The State Department of Public Health
may use up to $160,000 of the funding in this
provision to administer the program.

“Eligible employee” means a full or part-time
employee within a local health department
(b) (1)
or the State Department of Public Health who
has been employed by that entity for a minimum of one year.

“Eligible educational pursuits” includes any
of the following: (A) educational programs
(2)
at regionally accredited institutions in the
public health field, such as nursing, microbiology, public health, public administration, epidemiology, lab science, and community
health; (B) industry-recognized training programs related to the public health field; (C) continuing education units required to maintain an individual’s license or certification; or (D) earn and learn programs, as defined
in subdivision (q) of Section 14005 of the
Unemployment Insurance Code, in the public
health field.

The State Department of Public Health shall use
funds to support employees at the department and
(c)
award grants to local health departments for education and training opportunities for incumbent employees within the governmental public health
96 Ch. 9 — 70 —

workforce. Eligible uses of funding shall include
any of the following:

Providing stipends to eligible employees to
offset the loss of compensation for up to 12
(1)
hours per workweek for eligible educational
pursuits. Stipends shall be up to $600 per
week per eligible employee for up to 12
weeks per year.

Hiring additional employees to support the
goals of the program, such as covering em-
(2)
ployees while they participate in eligible educational pursuits.

Reimbursement for educational costs for eligible employees, such as tuition, registration (3) fees, or other related educational expenses
when participating in eligible educational
pursuits.

The State Department of Public Health shall solicit applications internally and from local health departments to participate in the program.
(d)

Applications shall include all of the following:
(1) the proposed use of the funds; (2) the total
(e)
amount requested; (3) any other information required by the department for the purpose of implementing this program.

No later than July 1, 2026, the State Department
of Public Health shall, in accordance with Section
(f)
9795 of the Government Code, submit to the
Legislature a report regarding the uses and outcomes of funds appropriated for the program. The report shall include, at a minimum, all of the following information: (1) the amount of funding provided to local health departments and State
Department of Public Health employees; (2) the
total number of applicants that apply for funding;
(3) the number of individuals participating in eligible educational pursuits; (4) a summary of the types of credentials and skills attained through
the program; (5) the number of workers hired to
cover for employees attaining educational opportunities; (6) an evaluation of the effectiveness of the program.

Of the amount appropriated in Schedule (2),
$8,000,000 shall be available for encumbrance or

11. (a)
expenditure until June 30, 2026, to support a
Public Health Pathways Training Corps aimed at
providing fellowships for early-career public
96 — 71 — Ch. 9

health professionals and internships for students
from diverse backgrounds and disproportionately
affected communities to conduct communicable
disease prevention and control, community engagement, emergency response, and other public health activities at local health department host sites.

The State Department of Public Health may use
up to $400,000 of the funding in this provision to
administer the program.

The department shall annually accept applications
for the program and strive to maximize participa-
(b)
tion in the program, and place program participants in diverse local health departments throughout the state, including in the rural and
Central Valley jurisdictions.

No later than July 1, 2026, the department shall,
in accordance with Section 9795 of the Govern-
(c)
ment Code, submit to the Legislature a report on
the program that includes all of the following: (1)
the number of applicants; (2) the number of individuals accepted into the program each year; (3) job attainment results following participation in
the program, including, but not limited to, the
percentage of individuals employed in governmental public health, the percentage employed in the private sector, the percentage employed by hospitals, and the percentage employed in other fields; (4) the demographics of applicants and program
participants.

Of the amount appropriated in Schedule (2),
$2,794,000 shall be available for encumbrance or

12. (a)
expenditure until June 30, 2026, to increase the
number of Public Health Microbiologist Trainees
in California. The State Department of Public
Health may use up to $160,000 of the funding in
this provision to administer the program.

Upon approval from the Department of Finance,
any amount of the funds appropriated in Schedule
(b)
(2) for the purposes described in this provision
may be transferred to Item 4265-111-0001.

Of the amount appropriated in Schedule (2),
$2,678,000 shall be available for encumbrance or

13. (a)
expenditure until June 30, 2026, to support increased funding for the Lab Aspire Program, which trains and prepares qualified professionals
to direct local California Public Health Laboratories. The State Department of Public Health may 96 Ch. 9 — 72 —

use up to $160,000 of the funding in this provision
to administer the program.

Upon approval from the Department of Finance,
any amount of the funds appropriated in Schedule
(b)
(2) for the purposes described in this provision
may be transferred to Item 4265-111-0001.

Of the amount appropriated in Schedule (2),
$3,200,000 shall be available for encumbrance or ex-

14. penditure until June 30, 2026, to increase the number of fellows in the California Epidemiologic Investigation Service Training Program, which prepares epidemiologists for public health leadership positions throughout California. The State Department of Public
Health may use up to $160,000 of the funding in this
provision to administer the program.

Of the funds appropriated in Schedule (2), $182,000
shall be available to support a retrospective analysis

15. of the intersection of the COVID-19 pandemic, health disparities, and equity. As part of this analysis, the
department shall identify possible strategies to address the health disparities and inequities exposed and exacerbated by the COVID-19 pandemic.

Of the amount appropriated in Schedule (2),
$1,000,000 shall be available for encumbrance or ex-

16. penditure until June 30, 2028, to support administration of investments to end the epidemic of hepatitis C virus, pursuant to Section 122440 of the Health and Safety
Code.

The amount appropriated in Schedule (2) may be
augmented to support the Office of Oral Health,

17. (a)
as established by subdivision (d) of Section
30130.57 of the Revenue and Taxation Code. The
amount is intended as supplemental funding to
provide total funding, from all fund sources, of
$30,000,000 for this program, notwithstanding
the reduction in Proposition 56 funds required by
subdivision (h) of Section 30130.57 of the Revenue and Taxation Code.

In order to maximize transparency and efficiency
in providing funding for the grant program de-
(b)
scribed in this provision, the Director of Finance
may decrease or increase this item to ensure the
amount provided in subprovision (a) conforms to
the final determination of available Proposition
56 revenues made pursuant to subdivision (h) of
Section 30130.57 of the Revenue and Taxation
Code.
96 — 73 — Ch. 9

SEC. 43. Item 4265-495 of Section 2.00 of the Budget Act of 2023 is amended to read:

4265-495—Reversion, State Department of Public Health. As of June 30, 2023, the balances, as specified below, of the appropriations provided in the following citations shall revert to the fund balances of the funds from which the appropriations were made:
0001—General Fund

$1,250,000 in Provision 11 of Item 4265-001-0001,
Budget Act of 2022 (Chs. 43, 45, and 249, Stats.
2022).
(1)

$23,750,000 in Provision 6 of Item 4265-111-0001,
Budget Act of 2022 (Chs. 43, 45, and 249, Stats.
2022).
(7)

$9,700,000 in Provision 22 of Item 4265-001-0001,
Budget Act of 2022 (Chs. 43, 45, and 249, Stats.
2022).
(8)

SEC. 44. Item 5180-494 of Section 2.00 of the Budget Act of 2023 is amended to read:

5180-494—Reappropriation, State Department of Social Services. The amounts specified in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2024:
0001—General Fund

Up to $901,000 of the amount appropriated in Schedule (1) of Item 5180-161-0001, Budget Act of 2020 (1) (Chs. 6 and 7, Stats. 2020) for the California Newcomer Education and Well-Being program.

Up to $63,746,000 of the amount appropriated in
Provision 23 of Item 5180-151-0001, Budget Act of
(2)
2021 (Chs. 21, 69, and 240, Stats. 2021) for Rapid
Response.

Up to $7,600,000 of Section 19.57 (f)(5)(G), Budget
Act of 2021 (Chs. 21, 69, and 240, Stats. of 2021), for (3)
the Refugees from Afghanistan/Afghan Integration
and Resettlement Services.

Up to $6,000,000 of the amount appropriated in
Schedule (2) of Item 5180-151-0001, Budget Act of
(4)
2021 (Chs. 21, 69, and 240, Stats. 2021) for the Enhanced Services Programs for Asylees (ESPA).

Up to $7,000,000 of the amount appropriated in Provision 17 of Item 5180-151-0001, Budget Act of 2022 (5) 96 Ch. 9 — 74 —

(Chs. 43, 45, and 249, Stats. 2022) for the Child Welfare Training Program.

Up to $10,000,000 of the amount appropriated in
Provision 19(a) of Item 5180-101-0001, Budget Act
(6)
of 2022 (Chs. 43, 45, and 249, Stats. 2022), to train
CalWORKs county staff on Racial Equity and Implicit
Bias.

Up to $4,145,000 of the amount appropriated in Provision 34 of Item 5180-151-0001, Budget Act of 2022 (7) (Chs. 43, 45, and 249, Stats. 2022) to provide funding
to support legal counsel to represent an Indian tribe in California Indian child custody proceedings, as defined by subdivision (d) of Section 224.1 of the Welfare and
Institutions Code, that is initiated or ongoing in the
juvenile court.

Up to $4,777,000 of the amount appropriated in Provision 35 of Item 5180-151-0001, Budget Act of 2022 (8) (Chs. 43, 45, and 249, Stats. 2022) to provide financial assistance with recruiting and approving homes for
the purpose of foster or adoptive placement of an Indian child.

Up to $100,000 of the amount appropriated in Schedule (1), Provision 36, of Item 5180-151-0001, Budget (9) Act of 2022 (Chs. 43, 45, and 249, Stats. 2022) for
costs associated with providing technical assistance
to county interagency leadership teams to develop
tribal consultation processes, as required by Section
16521.6 of the Welfare and Institutions Code, as
amended by Section 50 of Assembly Bill 153 (Chapter
86, Statutes of 2021).

SEC. 45. Item 5180-495 of Section 2.00 of the Budget Act of 2023 is amended to read:

5180-495—Reversion, State Department of Social Services. As of June 30, 2023, the balances specified below, of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
0001—General Fund

Item 5180-101-0001, Budget Act of 2021 (Chs. 21,
69, and 240, Stats. 2021). $288,000,000 appropriated
(1)
in Program 4270010-CalWORKS for the CalWORKS
Single Allocation.

Item 5180-101-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022). $336,600,000 appropriated
(2)
96 — 75 — Ch. 9

in Program 4270010-CalWORKS for the CalWORKS
Single Allocation.

SEC. 46. Item 5180-496 is added to Section 2.00 of the Budget Act of 2023, to read:

5180-496—Reappropriation, State Department of Social Services. The amounts specified in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance until June 30, 2025:

Up to $17,389,000 of the amount appropriated in
Schedule (2) of Item 5180-151-0001, Budget Act of

1. 2021 (Chs. 21, 69, and 240, Stats. 2021). The reappropriation shall include any funding that was transferred to 5180-001-0001 per Provision 23 of Item 5180-151-
0001, Budget Act of 2021 (Chs. 21, 69, and 240, Stats.
2021).

Up to $62,000,000 of the amount appropriated in
Schedule (2) of Item 5180-151-0001 of the Budget

2. Act of 2022 (Chs. 43 and 45, 249, Stats. 2022) for the Rapid Response Program.

SEC. 47. Item 5225-001-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
8,506,426,000
5225-001-0001—For support of Department of Corrections
and Rehabilitation..........................................................

Schedule:
805,085,000
4500-Corrections and Rehabilitation
Administration....................................
(1)
139,673,000
4505-Peace Officer Selection and Employee Development........................... (2) 73,024,000
4510-Department of Justice Legal Services...................................................... (3) 5,183,415,000
4530-Adult Corrections and Rehabilitation Operations—General Security...................................................... (7) 1,325,037,000
4540-Adult Corrections and Rehabilitation Operations—Inmate Support.................................................. (8) 597,080,000
4550-Adult Corrections and Rehabilitation Operations—Institution Administration............................................... (9) 373,180,000
4555-Parole Operations—Adult Supervision.................................................. (10) 96 Ch. 9 — 76 —

71,282,000
4560-Parole Operations—Adult Community Based Programs....................... (11) 85,780,000
4565-Parole Operations—Adult Administration................................................ (12) 931,000
4570-Sex Offender Management Board
and SARATSO Review Committee.....
(13)
−4,812,000
Reimbursements to 4500-Corrections
and Rehabilitation Administration.......
(15)
−150,000
Reimbursements to 4505-Peace Officer
Selection and Employee Development..................................................... (16)
−64,697,000
Reimbursements to 4530-Adult Corrections and Rehabilitation Operations— General Security.................................
(17)
−58,263,000
Reimbursements to 4540-Adult Corrections and Rehabilitation Operations— Inmate Support...................................
(18)
−19,074,000
Reimbursements to 4550-Adult Corrections and Rehabilitation Operations— Institution Administration..................
(19)
−515,000
Reimbursements to 4555-Parole Operations—Adult Supervision.................... (20) −50,000
Reimbursements to 4560-Parole Operations—Adult Community Based Programs.................................................... (21) −500,000
Reimbursements to 4565-Parole Operations—Adult Administration............... (22) Provisions:

Of the amount appropriated in this item, $72,537,000
shall be used for roof replacements at the California

1. Institution for Men; the California Medical Facility; and Richard J. Donovan Correctional Facility.

The Department of Corrections and Rehabilitation
shall store all audio and video obtained through the

2. statewide correctional video surveillance program for a period of no less than 90 days from the date recorded.

Additionally, the following events shall require the
department to preserve the recorded data for a longer
period as potential evidence in an investigation, or an administrative, civil, or criminal proceeding:
(a) Any use of force incident.
(b) Riots.
(c) Suspected felonious criminal activity.

Any incident resulting in serious bodily injury,
great bodily injury, or a suspicious death.
(d)
(e) Sexual assault allegations.
96 — 77 — Ch. 9

Allegations of staff misconduct by an inmate,
employee, visitor, or other person.
(f)

Incidents that may be potentially referred to the
district attorney’s office.
(g)

An employee report to a supervisor of injury. The
following events shall require staff to preserve
(h)
the recorded data for a longer period if filed or
reported within 90 days of the event:

Inmate claims with the California Victim
Compensation Board.
(1)

The Department of Corrections and Rehabilitation’s Office of Internal Affairs may re- (2) quest to review audio and video recordings
when conducting an inquiry as it relates to a
submitted third-level appeal.

An audio or video recording that becomes evidence
in a Department of Corrections and Rehabilitation’s

Office of Internal Affairs investigation shall be stored until resolution of any investigation and written release by the Office of Internal Affairs, Department of Corrections and Rehabilitation’s Office of Legal Affairs, the Attorney General, or the Employment Advocacy
and Prosecution Team of the Office of Legal Affairs.

An audio or video recording that the Department of
Corrections and Rehabilitation has reason to believe
may become evidence in an administrative, civil, or
criminal proceeding shall be stored indefinitely unless other direction is given by the Office of Legal Affairs or, in the event of a criminal proceeding, the district attorney’s office.

The Department of Corrections and Rehabilitation
shall utilize video obtained through the statewide cor-

rectional video surveillance program during the review
of staff complaints and other serious appeals and
complaints.

Of the amount appropriated in Schedule (1) of this
item, up to $2,600,000 shall be available for licenses

3. for endpoint protection software for the laptops for use by incarcerated persons to support educational and
other programming. This funding is contingent upon
the deployment of the laptop devices.

Of the amount appropriated in Schedules (7) and (8),
$18,258,000 and $1,525,000 is available for the Inte-

4. grated Substance Use Disorder Treatment Program,
respectively. Any unencumbered balances of the
amounts identified in this provision shall revert to the General Fund on June 30, 2024.
96 Ch. 9 — 78 —

Notwithstanding Section 26.00, the Department of
Finance may authorize transfer up to $155,000,000 of

7. expenditure authority between any schedule within
this item of appropriation to more accurately reflect
expenditures for payments authorized by the Coordinated Wage and Hour Matters.

Of the amount appropriated in Schedule (1) of this
item, $8,146,000 shall be available for the Department

8. of Corrections and Rehabilitation to begin the process of upgrading from its current SAP to S/4 HANA. No
later than April 1, 2024, or 90 days from the completion of the fit gap analysis, whichever occurs later, the department, in consultation with the Department of
FI$Cal, the Department of Technology, and the Department of Finance, shall submit to the chairpersons of the budget committees in both houses of the Legislature, the Joint Legislative Budget Committee, and the Legislative Analyst’s Office, (1) a summary of the
findings of the fit-gap analysis, (2) the estimated
timeline and cost for CDCR to be transitioned to
FI$Cal, (3) a discussion of any other considerations
related to the transition, such as the data exchanges
and interfaces between FI$Cal and S/4HANA, and (4)
a discussion of any changes to 2024–25 or 2025–26
funding needs for the migration of BIS to S/4HANA.

On or before January 10, 2024, the Department of
Corrections and Rehabilitation shall report to the

9. Legislature on implementation of the department’s
staff misconduct investigation process, which shall
include updates on recommendations implemented by
the department identified in the Office of the Inspector General’s 2022 Staff Misconduct Review Process
Monitoring Report.

Consistent with Provision 5 of Item 5225-001-0001,
Budget Act of 2022 (Chs. 43, 45, and 249), the Depart-

10. ment of Corrections and Rehabilitation shall report spending on class action lawsuits against the department to the budget committees of both houses and the Legislative Analyst’s Office by January 31 of each
year for five years beginning in 2023. At a minimum,
this report shall include spending for each lawsuit in
the most recently completed fiscal year on all litigation activities, including, but not limited to, the costs of the department’s legal staff time, payments to outside
counsel for legal services, and payments to plaintiffs, monitors, and court experts.

96 — 79 — Ch. 9

SEC. 48. Item 5225-003-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
315,014,000
5225-003-0001—For support of Department of Corrections and Rehabilitation, for rental payments on lease-revenue
bonds..................................................................................

Schedule:
315,014,000
4540-Adult Corrections and Rehabilitation Operations—Inmate Support..... (1) Provisions:

The Controller shall transfer funds appropriated in this item for base rental as and when provided for in the

1. schedule submitted by the State Public Works Board.

Notwithstanding the payment dates in any related Facility Lease or Indenture, the schedule may provide for an earlier transfer of funds to ensure debt requirements are met and pay base rental in full when due.

The Controller shall transfer for additional rental no
later than 30 days after enactment of this budget,

2. $5,589,000 of the amount appropriated in this item,
to the Expense Account in the Public Buildings Construction Fund.

This item may be adjusted pursuant to Section 4.30.

Any adjustments to this item shall be reported to the

3. Joint Legislative Budget Committee pursuant to Section 4.30.

Of the funds appropriated in this item, up to
$32,713,000 is included to defease or otherwise retire

4. the portion of outstanding Series 2017B and 2009G2 bonds related to the Deuel Vocational Institution, including costs and expenses associated therewith.

SEC. 49. Item 5225-005-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
26,714,000
5225-005-0001—For support of Department of Corrections and Rehabilitation.....................................................................

Schedule:
83,000
4500-Corrections and Rehabilitation
Administration......................................
(1)
102,000
4505-Peace Officer Selection and Employee Development............................. (2) 18,583,000
4530-Adult Corrections and Rehabilitation Operations—General Security...... (6) 2,156,000
4540-Adult Corrections and Rehabilitation Operations—Inmate Support......... (7) 96 Ch. 9 — 80 —

829,000
4550-Adult Corrections and Rehabilitation Operations—Institution Administration........................................................ (8) 627,000
4555-Parole Operations—Adult Supervision.................................................... (9) 28,000
4565-Parole Operations—Adult Administration................................................ (11) 431,000
4585-Rehabilitative Programs—Adult
Education.............................................
(14)
(17) 4650-Medical Services—Adult........... 2,923,000
(18) 4655-Dental Services—Adult.............. 300,000
652,000
4660-Mental Health Services—
Adult.................................................... (19)
Provisions:

The funds appropriated in this item shall be used only
to support workers’ compensation claims pursuant to

1. Chapter 85 of the Statutes of 2020. Upon approval of the Department of Finance, the amount available for
expenditure in this item may be augmented for necessary workers’ compensation expenditures. Any augmentation shall be authorized not sooner than 30 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee. Any unspent
funds at the end of the 2023–24 fiscal year shall revert to the General Fund.

Notwithstanding Section 26.00, the funds appropriated
in this item may be transferred between schedules.

2. Any transfer requires the prior approval of the Department of Finance.

SEC. 50. Item 5225-011-3259 is added to Section 2.00 of the Budget Act of 2023, to read:
(7,316,000)
5225-011-3259—For transfer by the Controller, upon order of the Department of Finance, from the Recidivism Reduction Fund to the General Fund, per Section 1233.9 of the Penal Code ..................................................................................

SEC. 51. Item 5225-021-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
58,119,000
5225-021-0001—For support of Department of Corrections and Rehabilitation.....................................................................

Schedule:
1,463,000
4500-Corrections and Rehabilitation
Administration......................................
(1)
96 — 81 — Ch. 9

2,900,000
4530-Adult Corrections and Rehabilitation Operations-General Security......... (2) (3) 4650-Medical Services-Adult............... 53,756,000 Provisions:

The funds appropriated in this item are for purposes
related to COVID-19 prevention, mitigation, and response.

1. SEC. 52. Item 6120-495 is added to Section 2.00 of the Budget Act of 2023, to read:

6120-495—Reversion, California State Library. The unexpended balances specified below of the appropriation provided in the following citation shall revert to the balances in the funds from which the appropriation was made.
0001—General Fund

$34,000,000 appropriated in Program 5312-Library
Development Services in item 6120-215-0001, Budget
Act of 2021 (Chs. 21, 69, and 240, Stats. 2021).
(1)

SEC. 53. Item 7100-001-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
323,059,000
7100-001-0001—For support of Employment Development
Department.........................................................................

Schedule:
10,186,000
5900-Employment and Employment
Related Services...................................
(1)
10,330,000
5915-California Unemployment Insurance Appeals Board.............................. (2) 259,573,000
5920-Unemployment Insurance Program.................................................... (3) (4) 5930-Tax Program................................ 41,715,000 (5) 5935-Employment Training Panel........ 1,255,000
Provisions:

Of the amount appropriated in Schedule (3),
$6,780,000 shall be made available for expanding

1. language access to Employment Development Department benefits.

Of the amounts available in Schedule (3), $4,530,000
shall be made available to support the Microsoft Office 365 Enterprise License Agreement.

2. Of the amount appropriated in Schedule (1),
$10,000,000 shall be made available for targeted

3. emergency medical technician training. These funds
shall be available for encumbrance or expenditure
96 Ch. 9 — 82 —

until June 30, 2025, and for the liquidation of encumbrances until June 30, 2027.

Of the amount appropriated in Schedule (3),
$98,991,000 shall be made available for the sup-

4. (a)
port of the EDDNext modernization projects.

These funds shall be available for encumbrance
or expenditure until June 30, 2025.

Of the amounts appropriated in Schedule (3),
$78,352,000 shall be released to the Employment
(b)
Development Department for implementation
activities of the EDDNext modernization projects
with the approval of an expenditure plan by the
Department of Finance, and not sooner than 30
days after notification in writing to the Joint
Legislative Budget Committee, and is authorized
for expenditure only upon the occurrence of the
following:

Project approval or project delegation approval by the Department of Technology. (1)

The Department of Finance shall notify the
Chairperson of the Joint Legislative Budget
(2)
Committee and fiscal committees of each
house of the Legislature of any modifications
to expenditures made pursuant to this provision within 10 days. Such modifications shall only be used to support planned project activities and shall not be used to increase total project cost.

The Employment Development Department shall
provide the Department of Finance and the Leg-
(c)
islative Analyst’s Office with a quarterly report
on planning and implementation of the EDDNext
effort, that includes the following:

Project approval documents and project delegation documents. (1)

Identification of vendors and equipment that
align to priorities and technical needs for the
(2)
following: transformation office, call center
enhancement, forms redesign and OCR solution shared portal enhancement, data preparation and cleansing, employer portal update, data integration platform, and data platform
implementation.

SEC. 54. Item 7100-001-0588 of Section 2.00 of the Budget Act of 2023 is amended to read:
96 — 83 — Ch. 9

476,344,000
7100-001-0588—For support of Employment Development
Department, payable from the Unemployment Compensation Disability Fund...........................................................

Schedule:
7,547,000
5915-California Unemployment Insurance Appeals Board.............................. (1) (2) 5925-Disability Insurance Program..... 396,415,000
(3) 5930-Tax Program................................ 72,382,000 Provisions:

On October 1, 2023, and April 1, 2024, the Employment Development Department shall submit to the 1.

Department of Finance, for its review and approval,
an estimate of expenditures for both the current and
budget year, including the assumptions and calculations underlying Employment Development Department projections for expenditures from this item. If the director determines that the estimate of expenditures differs from the amount appropriated by this item, the director shall so report to the Legislature. At the time the report is made, the amount of this appropriation shall be adjusted by the difference between this appropriation and the approved estimate of the
Director of Finance. Revisions reported pursuant to
this provision are not subject to Section 28.00.

Of the amount appropriated in Schedule (2),
$98,992,000 shall be made available for the sup-

2. (a)
port of the EDDNext modernization projects.

These funds shall be available for encumbrance
or expenditure until June 30, 2025.

Of the amounts appropriated in Schedule (2),
$78,352,000 shall be released to the Employment
(b)
Development Department for implementation
activities of the EDDNext modernization projects
with the approval of an expenditure plan by the
Department of Finance, and not sooner than 30
days after notification in writing to the Joint
Legislative Budget Committee, and is authorized
for expenditure only upon the occurrence of the
following:

Project approval or project delegation approval by the Department of Technology. (1)

The Department of Finance shall notify the
Chairperson of the Joint Legislative Budget
(3)
Committee and fiscal committees of each
house of the Legislature of any modifications
to expenditures made pursuant to this provision within 10 days. Such modifications shall 96 Ch. 9 — 84 —

only be used to support planned project activities and shall not be used to increase total project cost.

The Employment Development Department shall
provide the Department of Finance and the Leg-
(c)
islative Analyst’s Office a quarterly report on
planning and implementation of the EDDNext
effort, that includes the following:

Project approval documents and project delegation documents. (1)

Identification of vendors and equipment that
align to priorities and technical needs for the
(2)
following: Transformation Office, Call Center Enhancement, Forms Redesign and OCR Solution, Shared Portal Enhancement, data
preparation and cleansing, Employer Portal
Update, Data Integration Platform, and Data
Platform Implementation.

SEC. 55. Item 7100-495 is added to Section 2.00 of the Budget Act of 2023, to read:

7100-495—Reversion, Employment Development Department.

The balances specified below of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
0001—General Fund

Item 7100-001-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022) for the Displaced Oil and
(1)
Gas Worker Fund. $10,000,000 in Provision 9 appropriated in Program 5900-Employment and Employment Related Service.

$275,000,000 of the amount appropriated by Chapter
259 of the Statutes of 2021 for the Community Eco-
(2)
nomic Resilience Fund Program, and subsequently
transferred to the General Fund as authorized by
Control Section 11.96, Budget Act of 2021 (Chs. 21,
69, and 240, Stats. 2021) (Technical Item 7100-601-
0001, Program 5900-Employment and Employment
Related Services).

SEC. 56. Item 7350-001-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
75,000,000
7350-001-0001—For support of Department of Industrial Relations.................................................................................... 96 — 85 — Ch. 9

Schedule:

75,000,000
6110-Division of Apprenticeship Standards..................................................... (4) Provisions:

Of the amount appropriated in Schedule (4),
$20,000,000 shall be used to support the California

1. Youth Apprenticeship Program for encumbrance or
expenditure until June 30, 2025. It is the intent of the Legislature that $25,000,000 will be provided in the
2024–25 fiscal year to support this program.

Of the funds appropriated in Schedule (4), $15,000,000
shall be used to support the Women in Construction

2. Priority Unit established at the Department of Industrial Relations pursuant to Section 107.7.1 of the Labor Code.

Of the amount appropriated in Schedule (4),
$40,000,000 shall be available for the Apprenticeship

4. Innovation Funding program. These funds shall be
available for encumbrance or expenditure until June
30, 2025.

SEC. 57. Item 7350-001-3078 of Section 2.00 of the Budget Act of 2023 is amended to read:
28,881,000
7350-001-3078—For support of Department of Industrial Relations, payable from the Labor and Workforce Development Fund...................................................................................

Schedule:
850,000
6100-Division of Occupational Safety
and Health............................................. (1)
28,031,000
6105-Division of Labor Standards Enforcement.............................................. (2) Provisions:

$15,600,000 of the amount appropriated in Schedule
(2) is for implementation of the Extreme Heat Action

1. Plan and shall be available for encumbrance or expenditure through June 30, 2026.

SEC. 58. Item 7350-001-3152 of Section 2.00 of the Budget Act of 2023 is amended to read:
124,585,000
7350-001-3152—For support of Department of Industrial Relations, payable from the Labor Enforcement and Compliance Fund................................................................................... 96 Ch. 9 — 86 —

Schedule:
125,090,000
6105-Division of Labor Standards Enforcement............................................ (1) −505,000
Reimbursements to 6105-Division of
Labor Standards Enforcement..............
(2)
Provisions:

The amount appropriated in this item includes revenues
derived from the assessment of fines and penalties

1. imposed as specified in Section 13332.18 of the Government Code.

From the amount appropriated in Schedule (1) of this
item, the Department of Industrial Relations shall

2. create a section on its internet website that contains resources addressing minimum wage, overtime, sick
leave, recordkeeping, wage adjudication, and retaliation for domestic workers and employers.

Of the amount appropriated in Schedule (1),
$7,400,000 shall be for the support of the Retaliation

3. Complaint Investigation Unit. It is the intent of the Legislature to provide an ongoing $14,000,000 augmentation for this unit beginning in the 2025–26 fiscal year.

Of the amount appropriated in Schedule (1),
$2,000,000 shall be used by the Department of Indus-

4. trial Relations for worker outreach as well as recruitment, hiring, and retention efforts to increase staffing levels at the Division of Labor Standards and Enforcement. The Department of Industrial Relations shall provide a report to the Legislature on January 10, 2024, that includes, but is not limited to, the following information from the 2022–23 fiscal year:
(a) Recruitment and hiring activities conducted.
(b) Number of positions filled by classifications.
(c) Number of vacancies by classifications.

SEC. 59. Item 7350-002-0001 of Section 2.00 of the Budget Act of 2023 is repealed.

SEC. 60. Item 7350-495 is added to Section 2.00 of the Budget Act of 2023, to read:

7350-495—Reversion, Department of Industrial Relations. As of June 30, 2023, the unencumbered balances of the appropriations provided in the following citations shall revert to fund balances of the funds from which the appropriations were made.
96 — 87 — Ch. 9

0001—General Fund

Item 7350-002-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022)
(1)

SEC. 61. Item 7502-495 is added to Section 2.00 of the Budget Act of 2023, to read:

7502-495—Reversion, Department of Technology. The balances specified below of the appropriation provided in the following citation shall revert to the balance of the fund from which the appropriation was made.
0001—General Fund

Item 7502-001-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022). Up to $38,500,000 appropriated in Program 6230—Department of Technology. (1)

SEC. 62. Item 7760-001-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
80,047,000
7760-001-0001—For support of Department of General Services...................................................................................

Schedule:
45,179,000
6324046-Facilities Management Division....................................................... (1) (2) 6325010-Asset Management Branch.... 2,990,000
(3) 6330046-Procurement.......................... 4,119,000 (4) 6330065-Telework Compliance Unit.... 1,934,000
(5) 6330073-Contracted Fiscal Services..... 7,370,000
(6) 6330082-Office of Sustainability......... 15,867,000 1,538,000
6330084-CA Commission on Disability
Access................................................... (7)
0 6320019-Public School Construction...................................................... (7.5) (8) 9900100-Administration....................... 2,950,000 −1,900,000
9900200-Administration—Distributed.......................................................... (9) Provisions:

Of the amount appropriated in Schedule (1),
$20,400,000 is for state building fire alarm system

1. repair and replacement projects. This funding shall be made available for these projects only after project
plans and specifications are completed and final project estimates are submitted to the Department of Finance.

Should final project estimates total less than
$20,400,000, the difference between these estimates
and the amount made available pursuant to this provi96 Ch. 9 — 88 —

sion shall revert to the General Fund upon order of the Department of Finance.

Of the amount appropriated in Schedule (1),
$5,900,000 is for Legislative Office Building repair

2. and replacement projects. This funding shall be available for these projects only after project plans and specifications are completed and final project estimates are submitted to the Department of Finance. Should
final project estimates total less than $5,900,000, the difference between these estimates and the amount
made available pursuant to this provision shall revert
to the General Fund upon order of the Department of
Finance.

The funds appropriated in Schedule (3) shall be
available for encumbrance or expenditure until June
30, 2026.

3. Of the amount appropriated in Schedule (6),
$2,500,000 shall be available for implementation of
Chapter 368 of the Statutes of 2022 (SB 1203).

4. Of the amount appropriated in Schedule (1),
$11,800,000 is for projects to upgrade direct digital

5. control systems. This funding shall be limited to such projects at the (a) Ronald Reagan State Building; (b)
Elihu M. Harris Building; (c) Governor Edmund G.
“Pat” Brown Building; (d) Junipero Serra Office
Building; (e) California Tower; (f) Mission Valley
State Building; and (g) Van Nuys State Building. This
funding shall be made available for these projects only after project plans specifications are completed and
final project estimates are submitted to the Department of Finance. Should final project estimates total less
than $11,800,000, the difference between these estimates and the amount made available pursuant to this provision shall revert to the General Fund.

The Department of General Services shall provide a
report to the Legislature with a plan for adjusting its

6. building rental rates to fully incorporate maintenance needs at buildings owned and managed by the Department of General Services. A copy of this report shall be submitted to the chairperson of the budget committees of both houses of the Legislature, and to the Legislative Analyst’s Office, by February 1, 2024. The report shall include: (a) the amount of funding devoted to maintenance on an annual basis; (b) an estimate of
the ongoing level of maintenance funding that would
be needed on an annual basis to prevent future accumulation of deferred maintenance; (c) the amount 96 — 89 — Ch. 9

rental rates would need to change to support an ongoing level of maintenance funding to prevent future accumulation of deferred maintenance; and (d) a plan
for adjusting future rental rates to address the backlog of deferred maintenance projects at Department of
General Services buildings over time in a manner that
does not result in undue hardship on tenants of Department of General Services owned and managed buildings.

SEC. 63. Item 8120-002-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
36,108,000
8120-002-0001—For support of Commission on Peace Officer Standards and Training......................................................

Schedule:
(1) 6500-Standards..................................... 13,185,000 (2) 6505-Training....................................... 8,397,000 (3) 6515-POST Administration.................. 14,526,000 Provisions:

Upon approval by the Department of Finance, funds
may be transferred between this item and Item 8120-

1. 102-0001 to meet the needs of the local training programs. Upon requesting a transfer, the department shall provide justification for the increased expenditure in the item to which funds are transferred and the
availability of excess funds in the item from which
funds are transferred.

Of the amount appropriated in Schedule (1), up to
$4,573,000 is available for expenditure for Office of

2. Administrative Hearings and Department of Justice
costs related to implementation of Chapter 409,
Statutes of 2021 (SB 2).

The Commission on Peace Officer Standards and
Training shall provide a report to the Legislature on

3. its Office of Administrative Hearings costs. A copy
of this report shall be submitted to the chairpersons of the budget committees of both houses of the Legislature, and to the Legislative Analyst’s Office, by January 1, 2026. The report shall include: (a) the number of peace officer decertification cases resulting in the Commission on Peace Officer Standards and Training
initiating administrative adjudication proceedings at
the Office of Administrative Hearings in 2023–24 and
2024–25; (b) of the number of cases reported in (a),
the number that are resolved prior to an administrative hearing in 2023–24 and 2024–25; (c) of the number
96 Ch. 9 — 90 —

of cases reported in (a), the number that have an administrative hearing held in 2023–24 and 2024–25; (d) the amount expended for those cases in (a), (b),
and (c) in 2023–24 and 2024–25; (e) the number of
attorney and paralegal hours billed by the Department
of Justice in support of peace officer decertification
cases in 2023–24 and 2024–25; and (f) the amount
expended for the Department of Justice costs in support of peace officer decertification cases in 2023–24 and 2024–25.

SEC. 64. Item 8120-102-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
20,000,000
8120-102-0001—For local assistance, Commission on Peace Officer Standards and Training..........................................

Schedule:

(2) 6510-Peace Officer Training................ 20,000,000 Provisions:

Upon approval by the Department of Finance, funds
may be transferred between this item and Item 8120-

1. 002-0001 to meet the needs of the local training programs. Upon requesting a transfer, the department shall provide justification for the increased expenditure in the item to which funds are transferred and the
availability of excess funds in the item from which
funds are transferred.

SEC. 65. Item 8570-001-0001 of Section 2.00 of the Budget Act of 2023 is amended to read:
205,022,000
8570-001-0001—For support of Department of Food and
Agriculture.........................................................................

Schedule:
167,138,000
6570-Agricultural Plant and Animal
Health; Pest Prevention; Food Safety
Services............................................... (1)
19,305,000
6575-Marketing; Commodities and
Agricultural Services............................
(2)
3,090,000
6580-Assistance to Fair and County
Agricultural Activities..........................
(3)
(4) 6590-General Agricultural Activities..... 32,513,000 (5) 9900100-Administration....................... 42,287,000 −40,030,000
9900200-Administration—Distributed......................................................... (6) 96 — 91 — Ch. 9

−5,286,000
Reimbursements to 6570-Agricultural
Plant and Animal Health; Pest Prevention; Food Safety Services.................... (7)
−12,167,000
Reimbursements to 6575-Marketing;
Commodities and Agricultural Services.................................................... (8)
−1,649,000
Reimbursements to 6590-General Agricultural Activities.................................. (9) −179,000
Reimbursements to 9900100-Administration................................................... (10) Provisions:

The Department of Food and Agriculture shall require
full public participation, including public meetings,

1. from all major regions of the state for each notification of proposed actions within the Light Brown Apple
Moth program.

The amount appropriated in this item for an agreement
with the Regents of the University of California to

2. operate poultry and livestock disease laboratories shall be adjusted annually, as necessary, for University of
California negotiated employee compensation and
benefit adjustments.

Of the amount appropriated in Schedule (1), $600,000
shall be available for the Animal Mortality Manage-

3. ment Program. The amount specified in this provision is available for encumbrance or expenditure until June
30, 2026.

Of the amount appropriated in Schedule (1), $250,000
shall be available for the Origin Inspection Program.

4. The amount specified in this provision is available for encumbrance or expenditure until June 30, 2026.

Of the amount appropriated in Schedule (4),
$25,000,000 shall be available for the Enteric Fermen-

5. tation Incentive Program, which the Department of
Food and Agriculture shall, in consultation with the
State Air Resources Board, develop to encourage the
voluntary use of products or strategies, such as feed
additives, that are scientifically proven and safe for
enteric emissions reductions in the state’s livestock
sectors. No more than 8 percent of the amount in this
provision may be used to support the development,
administration, and oversight of this program. This
amount shall be available for encumbrance or expenditure until June 30, 2026, and liquidation until June 30, 2028.

Of the amount appropriated in Schedule (1),
$22,669,000 shall be available for flood damage re-

6. 96
Ch. 9 — 92 —

pairs to the California Animal Health and Food Safety
South Valley Laboratory and shall be available for
encumbrance or expenditure until June 30, 2026.

Of the amount appropriated in Schedule (1),
$22,133,000 shall be available for the response to in-

7. festations of exotic fruit flies and shall be available for encumbrance or expenditure until June 30, 2025.

SEC. 66. Item 8570-495 of Section 2.00 of the Budget Act of 2023 is amended to read:

8570-495—Reversion, Department of Food and Agriculture.

The balances specified below, of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
0001—General Fund

Item 8570-002-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022). $4,700,000 for greenhouse
gas reduction.
(1)

Item 8570-101-0001, Budget Act of 2022 (Ch. 43, 45,
and 249, Stats. 2022 and Ch. 3, Stats. 2023).
(2)
$40,000,000 for the State Water Efficiency and Enhancement Program.

Item 8570-002-0001, Budget Act of 2021 (Chs. 21,
69 and 240, Stats. 2021). $8,500,000 for the Sustainable California Grown Cannabis Pilot Program. (3)

Item 8570-102-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022 and Ch. 3, Stats. 2023).
$55,000,000 for the Healthy Soils Program.
(4)

Item 8570-102-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022 and Ch. 3, Stats. 2023).
$14,500,000 for the Pollinator Habitat Program.
(5)

Item 8570-102-0001, Budget Act of 2022 (Chs. 43,
45, and 249, Stats. 2022 and Ch. 3, Stats. 2023).
(6)
$21,500,000 for Technical Assistance and Conservation Management Plans.

Item 8570-002-0001, Budget Act of 2021 (Chs. 21,
69 and 240, Stats. 2021). $5,000,000 for the Invasive
Species Council of California.
(7)

SEC. 67. Item 8570-496 is added to Section 2.00 of the Budget Act of 2023, to read:
96 — 93 — Ch. 9

8570-496—Reversion, Department of Food and Agriculture.

The balances specified below of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
3398—California Emergency Relief Fund

Item 8570-101-3398, Budget Act of 2021 (Chs. 21,
69, and 240, Stats. 2021). $6,000,000 for On-Farm
(1)
Water Use and Agriculture Technical Assistance in
Program 6590-Agricultural Activities.

SEC. 68. Item 8660-495 of Section 2.00 of the Budget Act of 2023 is amended to read:

8660-495—Reversion, Public Utilities Commission. Notwithstanding any other law, as of June 30, 2023, the balances specified below of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
0001—General Fund

$50,000,000 of the amount appropriated for the
Broadband Loan Loss Reserve program in Provision
(1)
1 of Item 8660-062-0001 of the Budget Act of 2021
(Chs. 21, 69, and 240, Stats. 2021)

$125,000,000 of the amount appropriated for the
Broadband Loan Loss Reserve program in Item 8660-
(2)
062-0001 of the Budget Act of 2022 (Chs. 43, 45, and
249, Stats. 2022)

$20,000,000 of the amount appropriated for Capacity
Building Grants in Provision 1 of Item 8660-001-0001
(3)
of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022).

SEC. 69. Item 8880-490 of Section 2.00 of the Budget Act of 2023 is repealed.

SEC. 70. Section 4.06 is added to the Budget Act of 2023, to read:

SEC. 4.06. (a)  Notwithstanding any other law, each item of appropriation that was reduced or reverted as provided in this act may be augmented, as appropriate, by the Director of Finance.
(b)  On or before May 15, 2024, the Director of Finance shall determine whether the reductions and reversions of appropriations provided in this act exceed the amount of unspent or unencumbered appropriations available in the items that were reduced or reverted in this act. The Director of Finance may authorize an augmentation to an item in this act only in a case of actual necessity as determined by the Director.
(c)  If, in the 2023–24 fiscal year, the Director of Finance determines that an augmentation is necessary to ensure that a sufficient amount in the General Fund is available to support the items of appropriation pursuant to 96 Ch. 9 — 94 —

subdivision (b), the Department of Finance shall notify the Joint Legislative Budget Committee, in writing, of this determination, and provide the Controller with a schedule of appropriations in fiscal year 2023–24 to be augmented.

SEC. 71. Section 19.56 of the Budget Act of 2023 is amended to read:

SEC. 19.56. (a)  $7,500,000 is appropriated to departments, as determined by the Department of Finance, for administrative workload related to coordinating the legislative priority allocations as provided in Sections

19.561, 19.562, 19.563, 19.564, 19.565, 19.566, 19.567, 19.568, and 19.569. (b)  The Department of Finance shall allocate these funds to state entities to facilitate the expenditure of the funds for the intended legislative purpose.

The allocation of these funds shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine, prior to the change. (c)  Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.
(d)  If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose.

SEC. 72. Section 19.564 of the Budget Act of 2023 is amended to read:

SEC. 19.564. (a)  (1)  The amounts appropriated pursuant to this section reflect legislative priorities related to housing.
(2)  For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section. Self-attestation by the receiving entity is an acceptable method of verification of the use of funds, if determined appropriate by the state entity. (3)  Notwithstanding any other law, allocations pursuant to this section are exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4)  If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose.
(5)  Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph. 96 — 95 — Ch. 9

(6)  The Department of Finance may authorize the transfer of allocating authority to a different state entity to facilitate the expenditure of the funds for the intended legislative purpose. Any state entity that allocates funds may also, in consultation with the Department of Finance, use an alternative local fiscal agent that is not identified in this section instead of the fiscal agent designated in this section if necessary to achieve the intended legislative purpose. Any change to the allocating state entity or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine, prior to the change. It is the intent of the Legislature to revise this section during the 2023–24 fiscal year to reflect any changes necessary to achieve the intended legislative purpose. (7)  Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.
(8)  Unless otherwise specified, the funds appropriated in this section shall not be disbursed for any project prior to September 30, 2023. Future legislation may, but is not required to, specify further details concerning the manner of disbursement of these funds.
(9)  Funding provided in this section shall not be used for a purpose subject to Section 8 of Article XVI of the California Constitution. If the Department of Finance determines that any allocation would be considered an appropriation for that purpose, the funding shall not be allocated, and the department shall notify the Joint Legislative Budget Committee of that finding.
(10)  The amounts specified in subdivisions (b), inclusive, are hereby appropriated from the General Fund as follows:
(b)  To be allocated by the Department of Housing and Community Development as follows:
(1)  $225,000 to the City of West Sacramento, for the Recovery Café in West Sacramento.
(2)  $1,250,000 to the City of Half Moon Bay, for the City of Half Moon Bay: Coastside Farmworker Housing Development.
(3)  $1,250,000 to the County of San Mateo, for the County of San Mateo:

Coastside Farmworker Housing Development.
(4)  $1,250,000 to the City of Alameda, for the Safe Parking and Homeless Day Center at Alameda Point.
(5)  $500,000 to the City of Culver City, for the Wende Museum:

Affordable Housing for Artists at Risk.
(6)  $1,000,000 to the City of Culver City, for the Culver City – Jubilo Village Affordable Housing Development.
(7)  $1,000,000 to the Inland Equity Land Trust, for Plan Adelanto. (8)  $500,000 to the City of Los Angeles, for the Renovations and Security Improvements at Huntington Villas.
96 Ch. 9 — 96 —

(9)  $2,000,000 to the County of Sonoma, in partnership with the Sonoma County Community Development Commission (SCCDC), for the Tierra de Rosas Infrastructure Project.
(10)  $500,000 to the County of Tulare, for the Tulare County Homeless Housing.
(11)  $600,000 to the City of Los Angeles, for the RV Buyback and Disposal Program.
(12)  $2,000,000 for the San Fernando Valley Economic Development Center by New Economics for Women.
(13)  $300,000 to the City of Los Angeles, for the City of Los Angeles for rehabilitation at the Sieroty/Howard Johnson Homekey Site. (14)  $1,000,000 to the Habitat for Humanity of Butte County, for the Habitat for Humanity of Butte County Projects.
(15)  $2,500,000 to the San Diego State University, for the San Diego State Imperial Valley Student Housing.
(16)  $2,000,000 to the Riverside County Housing Authority, for the Galilee Center Housing Shelter.
(17)  $1,000,000 to the City of Concord, for the Yellow Roof Foundation. (18)  $1,000,000 to GLIDE, for the GLIDE Modernization Project. (19)  $250,000 to the Homeless Prenatal Program, for the Homeless Prenatal Program.
(20)  $750,000 to the Sigma Beta Xi, Inc., for the SBX: Youth and Family Services Youth Village Project.
(21)  $1,000,000 to the Los Angeles County Development Agency (LACDA), for the Treehouse Leimert Park Housing Project. (22)  $500,000 to the Los Angeles County Development Agency (LACDA) for the Biddy Mason South Los Angeles Mixed-Use Housing Project.
(23)  $500,000 to the Los Angeles County Department of Health Services, for the Los Angeles Skid Row Action Plan.
(24)  $2,000,000 to the City of San Jose, for the Eviction Diversion Program.
(25)  $200,000 to the Comite Civico Del Valle, for the Universidad Popular.
(26)  $750,000 to the San Diego Housing Commission, for the Homelessness Outreach Task Force.
(27)  $1,000,000 to the City of Los Angeles, for the City of Los Angeles motel to housing conversion.
(28)  $2,500,000 to the City of San Leandro, for the Nimitz Motel acquisition and renovation.
(29)  $200,000 to the City of Los Angeles, for the City of Los Angeles – Chatsworth Travelodge Homekey Site Safety Improvements. (30)  $136,000 to the Vida Mobile Clinic, for the Vida Mobile Clinic Outreach & Medical Supplies.
(31)  $1,250,000 to Bridge to Home Santa Clarita Valley, for the Bridge to Home Family Housing Units & Client Service Center.
96 — 97 — Ch. 9

(32)  $1,000,000 to the City of Orange, for the City of Orange: Homeless Resource Center.
(33)  $1,500,000 to the City of Anaheim, for the City of Anaheim: Mobile Family Resource Center.
(34)  $400,000 to the City of Stockton, for the City of Stockton – Loads of Hope – Mobile Laundromat Service Vehicles for Homeless Individuals. (35)  $1,435,000 to the Life Plan Humboldt, for the Life Plan Humboldt. (36)  $2,500,000 for the California Department of Housing and Community Development for grant funds to cities in Contra Costa and Alameda Counties for the creation of pre-approved permit ready accessory dwelling unit plans.
(37)  $500,000 to the City of West Hollywood for refurbishing of existing log cabin structure.
(38)  $5,000,000 for Stanislaus County for infrastructure projects in South Modesto.
(39)  $2,000,000 for the San Diego Housing Commission for predevelopment of the densification of Casa Colina Phase 1 in City Heights. (40)  $2,000,000 for the City of Half Moon Bay for the planning and development of affordable housing.
(41)  $1,000,000 for Alta Housing for the development of senior affordable housing.
(42)  $5,000,000 for the City of Vista for interim and permanent support housing units.
(43)  $2,000,000 for the County of Fresno for design and construction costs of improvements in the communities of Cantua Creek and El Porvenir. (44)  $240,000 for Habitat for Humanity Greater Fresno Area for program support.
(45)  $150,000 for the City of Reedley for improvements to transitional housing facility.
(46)  $500,000 for Hijas del Campo for construction of farmworker housing in east central Contra Costa County.
(47)  $150,000 for El Camino Homeless Organization for the construction of a permanent dining structure for individuals experiencing homelessness. (48)  $84,000 for the City of Monterey for the lighting improvement project on Old Fisherman’s Wharf.
(49)  $1,000,000 for the County of Sonoma for the Casa Roseland Project. (50)  $500,000 for the City of Los Angeles for the LA Family Housing to renovate interim housing units.
(51)  $3,000,000 for Neighborhood Legal Service of Los Angeles for the construction of the NLSLA Pacoima Justice and Job Training Center. (52)  $1,100,000 to the City of Huntington Beach to support Operations of the Navigation Center for homeless individuals.
(53)  $3,000,000 for the City of Imperial for support of the Imperial Corridor Safety Improvements Project.
(54)  $2,000,000 for the Burbank Housing Corporation for affordable housing projects.
96 Ch. 9 — 98 —

(55)  $2,000,000 for the City of Perris for construction of multipurpose/nutrition room at the Perris Senior Center. (56)  $500,000 for the City of Riverside for local historical preservation efforts by the Civil Rights Institute of Inland Southern California. (57)  $1,000,000 for the San Gabriel Valley Council of Governments for purposes of homeless services and public safety support. (58)  $6,500,000 for Lao Family Community Development for infrastructure and capital improvements for units for unhoused people. (59)  $3,000,000 for Eden Housing for Legacy Court housing project. (60)  $2,000,000 for Unity Council for support of a housing project at the site of the Ghostship Warehouse fire.
(61)  $2,000,000 for St. Mary’s Center for property acquisition, maintenance, and operations for transitional housing for formerly homeless seniors.
(62)  $2,500,000 for the Los Angeles Black Worker Center for the establishment of a justice campus in the City of Los Angeles. (63)  $3,000,000 for the City of Los Angeles for siting, design and construction of structures marking and identifying historic black neighborhoods in Los Angeles.
(64)  $3,500,000 for the California Black Freedom Fund for support of nonprofit organizations implementing civic engagement and voter education programs.
(65)  $4,750,000 for the City of Los Angeles, Mayor’s Office for housing and neighborhood improvement projects in the San Fernando Valley. (66)  $2,000,000 for the City of Orange for support of the Homeless Resource Center.
(67)  $4,000,000 for the City of Garden Grove for support of the Central Cities Navigation Center.
(68)  $2,500,000 for the City of Hayward for construction of the Stack Youth and Family Center Phase II.
(69)  $1,800,000 for the City for Santa Clara for support of Santa Clara Overnight Care locations.
(70)  $500,000 for the City of Fremont for support of Housing Navigation Center.
(71)  $1,500,000 for the City of Fremont for support of the Commercial District Wi-Fi Access Expansion Project.
(72)  $1,600,000 for the City of Milpitas for support of the Milpitas SMART program.
(73)  $1,500,000 for the National AIDS Memorial for establishment of the Center for Health and Social Justice.
(74)  $2,500,000 for the Southeast Asian Development Center for acquisition of a building to serve community members.
(75)  $1,000,000 for the City of Modesto for support of the Modesto Downtown Streets Teams.
(76)  $155,000 to Tuolumne County for the acquisition of property for the development of workforce housing.
(77)  $435,000 to the City of Turlock for parks and sewer infrastructure. 96 — 99 — Ch. 9

SEC. 73. Section 19.565 of the Budget Act of 2023 is amended to read:

SEC. 19.565. (a)  (1)  The amounts appropriated pursuant to this section reflect legislative priorities related to health and human services. (2)  For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section. Self-attestation by the receiving entity is an acceptable method of verification of the use of funds, if determined appropriate by the state entity. (3)  Notwithstanding any other law, allocations pursuant to this section are exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4)  If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose.
(5)  Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph. (6)  The Department of Finance may authorize the transfer of allocating authority to a different state entity to facilitate the expenditure of the funds for the intended legislative purpose. Any state entity that allocates funds may also, in consultation with the Department of Finance, use an alternative local fiscal agent that is not identified in this section instead of the fiscal agent designated in this section if necessary to achieve the intended legislative purpose. Any change to the allocating state entity or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine, prior to the change. It is the intent of the Legislature to revise this section during the 2023–24 fiscal year to reflect any changes necessary to achieve the intended legislative purpose. (7)  Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.
(8)  Unless otherwise specified, the funds appropriated in this section shall not be disbursed for any project prior to September 30, 2023. Future legislation may, but is not required to, specify further details concerning the manner of disbursement of these funds.
(9)  Funding provided in this section shall not be used for a purpose subject to Section 8 of Article XVI of the California Constitution. If the Department 96 Ch. 9 — 100 —

of Finance determines that any allocation would be considered an appropriation for that purpose, the funding shall not be allocated, and the department shall notify the Joint Legislative Budget Committee of that finding.
(10)  The amounts specified in subdivisions (b) through (g), inclusive, are hereby appropriated from the General Fund as follows:
(b)  To be allocated by the State Department of Health Care Services as follows:
(1)  $1,250,000 to the South Bay Center for Counseling. (2)  $2,500,000 to Kedren Community Health Center Inc., for the Kedren South – Psychiatric Acute Care Hospital and Children’s Village. (3)  $357,023 to the County of Stanislaus, for the Mobile Mental Health Access Point for Rural Californians Project.
(4)  $750,000 to the City of Costa Mesa, for the City of Costa Mesa Behavioral Health Services Expansion & Mobile Mental Health Response Program.
(5)  $5,000,000, for the Chinese Hospital of San Francisco. (6)  $1,000,000, for DAP Health.
(7)  $2,500,000, for the Alcoholics Rehabilitation Association, Inc. (ARA). (8)  $2,500,000 for the Homeless Intervention Services of Orange County for support of the HomeShare OC Program.
(9)  $1,500,000 for LOT318 for the purchase and renovation of an apartment building to be transitioned into affordable housing. (10)  $1,500,000 for Lestonnac Free Clinic Orange County for building improvements and program support.
(11)  $2,000,000 for San Ysidro Health for Camp Locket Renovation Project.
(12)  $1,500,000 for the County of San Bernardino for purchasing two mobile health clinics.
(13)  $500,000 for the Friendship House for a drug recovery residential unit to serve Native American Women and their children. (14)  $1,500,000 for Lestonnac Free Clinic for building upgrades and the purchase of a mobile RV unit.
(15)  $2,500,000 for the Riverside University Health System for planning and design costs of Children and Youth Services facilities. (16)  $2,000,000 for the County of San Bernardino for refurbishment of the county’s Crisis Residential Treatment Facility in Victorville. (c)  To be allocated by the California Department of Aging as follows:
(1)  $1,000,000 to Los Gatos - Saratoga Recreation, for the Los Gatos-Saratoga Community Education & Recreation.
(2)  $377,000 to the Highlands Park Senior and Community Center, for the Highlands Park Senior and Community Center.
(3)  $100,000 to the Center for Health Care Rights, for the Center for Health Care Rights.
(4)  $411,000 to the Santa Clarita Valley Senior Center, for the SCV Senior Center: Improved assistance to homebound seniors. 96 — 101 — Ch. 9

(5)  $2,100,000, for the Richmond Residential Care Facility and Senior Center (Self Help for the Elderly).
(6)  $510,000 to the OC Age Well for the Age Well Senior Services Transportation Vehicles Project.
(7)  $2,000,000 for the City of Lakewood for support of the Weingart Senior Center.
(8)  $1,000,000 for the City of Marina for the construction of the Marina Senior Center.
(9)  $3,000,000 for Asian Health Services for creation of a clinic Hub to provide services to underserved residents in San Leandro. (10)  $1,000,000 for the Center for Elder’s Independence (CEI) for the Program of All-inclusive Care for the Elderly (PACE).
(d)  To be allocated by the Department of Developmental Services as follows:
(1)  $250,000 to the County of Los Angeles, Department of Mental Health, for the Special Needs Network.
(2)  $1,000,000 to the City of Stockton, for the City of Stockton – People/Adults with Intellectual Disabilities Vocational Opportunities. (e)  To be allocated by the State Department of Public Health as follows:
(1)  $1,500,000 to the County of Monterey Health Department, for the County of Monterey Clinic at Marina.
(2)  $2,000,000 to the Children’s Hospital of Los Angeles (CHLA), for Expanding the Division of Adolescent and Young Adult Medicine. (3)  $200,000, for the ELAWC “Promotora” (Community Health Worker) Program.
(4)  $500,000 to the County of Kern – Kern Behavioral Health & Recovery Services, for the Kern County Fentanyl Awareness Campaign. (5)  $300,000 to the Health Education Council, for the Meadowview Community Mental Health Support Center.
(6)  $2,000,000 to the City of Hayward, for the St. Rose Hospital Sub-Acute Facility.
(7)  $2,000,000 to the County of San Bernardino, for the Fontana Crisis Residential Treatment Facility Refurbishment.
(8)  $2,000,000 to the County of Los Angeles, Department of Public Health, for the San Fernando Community Health Center— Corazón del Valle II Project.
(9)  $1,000,000 to the County of Los Angeles, Department of Mental Health, for the Friendship Center— El Centro de Amistad. (10)  $3,000,000 to the Emanate Health Foundation, for the Emanate Health – Queen of the Valley.
(11)  $405,000 to the Northeast Valley Health Corporation, for the Northeast Valley Health Corporation - to provide capital infrastructure support for the Santa Clarita Valley (SCV)-based clinic sites, specifically the Newhall, Santa Clarita and Valencia Health Centers. (12)  $500,000 to the County of Los Angeles, for Project Angel Food new building and program expansion.
96 Ch. 9 — 102 —

(13)  $590,000 for Planned Parenthood of the Central Coast, for support of a postpartum home visitation program in the Counties of Santa Barbara, Ventura, and San Luis Obispo.
(14)  $1,000,000 for the San Francisco Department of Public Health to expand programs to address the fentanyl epidemic.
(f)  To be allocated by the State Department of Social Services as follows:
(1)  $487,848 to the County of Yolo, for the Meals on Wheels Yolo County Operation Accelerate: Driving Kitchen Capacity.
(2)  $1,500,000 to the County of Los Angeles – Department of Children and Family Services, for the Baby2Baby – Diaper Production and Distribution.
(3)  $1,250,000 to Beacon House Association of San Pedro for the Beacon House Association of San Pedro’s Bartlett Center.
(4)  $1,000,000 to the County of Kings, for the Kings Community Action Organization Food Bank and Housing.
(5)  $500,000 to the Koinonia Foster Homes, Inc. (OBA Koinonia Family Services), for the Koinonia Youth Behavioral Health Infrastructure Support. (6)  $400,000 to the Child Care Resource Center, for the Child Care Resource Center Food & Basic Needs Storage and Delivery. (7)  $250,000 to the County of Sonoma, for continuation of the Fresh Fruit and Vegetable EBT Pilot in Mendocino.
(8)  $1,000,000 to the County of Sonoma, for the Center for Food, Youth & Community (Ceres Project, Santa Rosa).
(9)  $500,000 for the Central Valley Community Foundation for support for general operations.
(10)  $3,000,000 for the County of Santa Clara for support of the Guaranteed Basic Income Pilot Program for unhoused high school students. (11)  $5,500,000 for the City of Long Beach for support of Rancho Los Cerritos and Rancho Los Alamitos deferred maintenance and capital improvement projects and to support the Long Beach Reentry Services Pilot Program.
(12)  $2,000,000 for Orangewood Foundation for program support. (13)  $500,000 to Riverside County for Olive Crest for programs, equipment, or facilities for children and families in crisis. (g)  To be allocated by the Department of Community Services and Development as follows:
(1)  $1,000,000 for the YMCA of Metro Los Angeles for the support of the Revitalizing Simon Meadow Project.
(2)  $8,000,000 for the City of Refuge Sacramento for support of new housing development, youth engagement, and community engagement programs. At least 10 percent of the funds shall be used to contract with the Sacramento Housing and Redevelopment Agency to develop a plan for the expenditure of funds. The City of Refuge shall expend the funds in accordance with that plan, provide regular expenditure reports to the Sacramento Housing and Redevelopment Agency, and any funds not used in accordance with that plan shall revert to the General Fund. 96 — 103 — Ch. 9

(3)  $1,500,000 for the Community Services Agency of Mountain View, Los Altos and Los Altos Hills for repurposing of building into office space and support secondary site for Food and Nutrition Center. (4)  $3,300,000 for the Life Development Group for acquisition and renovation of facility in South Central Los Angeles.
(5)  $400,000 for the City of King for upgrades to the City of King Park Recreation Center Facilities.
(6)  $1,000,000 for El Centro Del Pueblo for support of the Community Healing Through Culture and Connections project.
(7)  $2,000,000 for the Community Youth Center for a new youth center. (8)  $500,000 for the Boys & Girls Clubs of Sonoma-Marin for the build-out of the new Roseland Boys and Girls Club.
(9)  $130,000 for Vida Community Center for the purchase of a refrigerated truck.
(10)  $500,000 for Alliance for Community Empowerment for roof repair and air conditioning upgrades.
(11)  $747,000 for Meet Each Need with Dignity (MEND) for refrigerated truck and to increase outside refrigeration capacity.
(12)  $1,000,000 for Initiating Change in Our Neighborhoods Community Development Corporation (ICON CDC) for acquisition of a commissary.

SEC. 74. Section 21.00 of the Budget Act of 2023 is amended to read:

SEC. 21.00. The Department of Finance may suspend the authority to expend any one-time funding provided in Section 2.00 of the Budget Acts of 2021, 2022, or 2023 not sooner than 10 days after notification in writing to the Joint Legislative Budget Committee. The Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may shorten or waive that 10-day period by written notification to the Department of Finance. This authority shall expire on June 30, 2024.

SEC. 75. Section 39.10 of the Budget Act of 2023 is amended to read:

SEC. 39.10. In addition to this act, the Budget Act of 2023 consists of the following statutes:
(a)  Chapter 12 of the Statutes of 2023 (Senate Bill No. 101). (b)  Chapter 38 of the Statutes of 2023 (Assembly Bill No. 102). (c)  Chapter 189 of the Statutes of 2023 (Senate Bill No. 104). (d)  Chapter 862 of the Statutes of 2023 (Senate Bill No. 105).

SEC. 76. Section 99.50 of the Budget Act of 2023 is amended to read:
96 Ch. 9 — 104 —

INDEX FOR CONTROL SECTIONS
SEC. 99.50. The following is an index to the general sections of this act.

These sections serve to define terms and identify restrictions concerning the appropriations contained in this act.

1.00   Budget Act Citation

1.50   Intent and Format

1.51   Citations to Prior Budget Acts

1.80   Availability of Appropriations

2.00   Items of Appropriation

3.00   Defines Purposes of Appropriations

3.10   Subschedule Transfers for Capital Projects

3.50   Benefit Charges Against Salaries and Wages

3.60   Contribution to Public Employees’ Retirement Benefits

3.61   Contribution to Prefund Other Postemployment Benefits

3.94   Appropriation Triggers to the 2023‒24 Fiscal Year

4.05   Budget Adjustment Authority

4.06   Augmentations Authorized by the Director of Finance

4.11   Position Vacancy Report

4.13   AB 85 Repayments to Counties

4.20   Contribution to Public Employees’ Contingency Reserve   Fund

4.30   Lease-Revenue Payment Adjustments

4.72   Electric Vehicle Charging Infrastructure

4.75   Statewide Surcharge

4.80   State Public Works Board Interim Financing

4.90   Architectural Revolving Fund Transfer

4.95   Inmate and Ward Construction Revolving Account Transfer

5.25   Attorney’s Fees

6.00   Project Alterations Limits

8.00   Antiterrorism Federal Reimbursements

8.50   Federal Funds Receipts

8.51   Federal Funds Accounts

8.52   Federal Reimbursements

8.53   Notice of Federal Audits

8.54   Enforce Recovery of Federal Funds for Statewide Indirect   Costs

8.75   Infrastructure Investment and Jobs Act

9.30   Federal Levy of State Funds

9.50   Minor Capital Outlay Projects

11.00   Information Technology Reporting Requirements

11.10   Reporting of Statewide Software License Agreements

11.11   Privacy of Information in Pay Stubs

11.86   Statewide Flood Support
Federal American Rescue Plan Act of 2021 Home and CommunityBased Services Funding   11.95

11.96   Coronavirus Fiscal Relief
96 — 105 — Ch. 9

State Appropriation Limit Excludable Federal Fund   Appropriations for Capital Outlay

11.97 12.00   State Appropriations Limit (SAL)

12.30   Special Fund for Economic Uncertainties

12.32   Proposition 98-Funding Guarantee

12.35   Financial Aid Policy Change Requirements

13.00   Legislative Counsel Bureau

13.40   Budgetary Loan Borrowing from Special Funds
Special Fund Loans Between Boards of the Department of   Consumer Affairs   14.00

15.14   Allocation of Greenhouse Gas Reduction Fund

15.25   Data Center Rate Adjustment

15.45   Trial Court Funding Offsets

19.56   Appropriations for Local Government Funding Priorities

19.561   Allocations: Natural Resources and Environmental Protection

19.562   Allocations: Water

19.563   Allocations: Public Safety

19.564   Allocations: Housing

19.565   Allocations: Health and Human Services

19.566   Allocations: Arts and Culture

19.567   Allocations: Other Community Investments

19.568   Allocations: Education

19.569   Allocations: Transportation

20.00   Reappropriations and Reversions

21.00   One-Time Funding Delays

24.00   State School Fund Allocations

24.03   Reading Control

24.30   Transfer School Building Rental Income to the General   Fund

24.60   Report of Lottery Funds Received

24.70   Local Educational Agency Fiscal Accountability

25.40   Contracted Fiscal Services Costs

25.50   SCO Apportionment Payment System Assessments

26.00   Intraschedule Transfers

28.00   Program Change Notification

28.50   Agency Reimbursement Payments
Position Estimates of Governor’s Budget, May Revision,   and Final Change Book

29.00 30.00   Continuous Appropriations

31.00   Budget Act Administrative Procedures for Salaries and   Wages

32.00   Prohibits Excess Expenditures

33.00   Item Veto Severability

34.00   Constitutional Severability

35.21   Application of Net Final Payment Accrual Methodology

35.35   FI$Cal—Short-Term Cash Loans
Estimated General Fund Revenues and Various Estimates   Related to the Budget Stabilization Account

35.50 96
Ch. 9 — 106 —

38.00   Provides That This Bill Is a Budget Bill

39.00   Identification of Bills Related to the Budget Bill

99.00   Alphabetical Organization Index

99.50   Numerical Control Section Index
SEC. 77. No later than seven days following enactment of the act adding this section, the Director of Finance shall provide to the Joint Legislative Budget Committee a list of adjustments to commitments related to past budget agreements that will no longer be included in baseline budget forecasts and no longer fulfilled under spring 2024 budget agreements that help address significant deficits projected in the 2024–25 fiscal year and future fiscal years. It is the intent of the Legislature that the transfers from the Budget Stabilization Account and Public School System Stabilization Account to the General Fund proposed in the 2024–25 Governor’s Budget, as updated in the 2024–25 May Revision pursuant to Sections 20 and 21 of Article XVI of the California Constitution, will be made in the Budget Act of 2024 to help address the significant deficit projected in the 2024–25 fiscal year. It is therefore the intent of the Legislature that these transfers and the list of adjustments in the letter shall be used for budget forecasting purposes in May 2024. The Joint Legislative Budget Committee shall notify the Director of Finance within seven days of receipt of the letter of any item of nonconcurrence.

SEC. 78. This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

O
96 — 107 — Ch. 9

Item #19.F.

Date: May 8, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Request to Approve Amendment No. 2 to a Professional Contract Services Agreement with PlaceWorks, Inc. for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the future buildout of up to three (3) speculative industrial buildings and an optional battery energy storage system for property located at 13620 Live Oak Lane (APNs: 8532-002-035 and -042)
City Manager's Recommendation:

That the City Council approve the attached contract Amendment No. 2 with PlaceWorks, Inc. for the preparation of an Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 13620 Live Oak Lane, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Brandi Jones, Senior Planner
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On October 26, 2022, the City Council approved an Agreement for Professional Contract Services with Placeworks, Inc. (“Contract”) for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for a proposed project at 13620 Live Oak Lane. The project includes a Specific Plan to develop and industrial business park with up to three (3) industrial buildings and an optional Battery Energy Storage System (BESS) operation.

The Contract stated that the Consultant shall commence the service upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance”, in no event to exceed October 23, 2023. However, due to the multiple factors such as additional analyses for transportation and air quality/GHG, Specific Plan revisions, site plan revisions, and additional cumulative project analysis, the timeline to complete the project has been delayed and the term of the contract needs to be extended in order for the Consultant to complete its services under the Contract.

On December 13, 2023, the City Council approved the first amendment to the contract to grant a time extension and complete the following additional task beyond the original scope:
• EIR revisions to reflect changes in the Project Description (addition of 15,000 SF office space). • Updated graphics to reflect Specific Plan changes.
• Updated technical analyses to reflect project changes, including traffic study, air quality/GHG and Health Risk Assessment modeling.
• Response to applicant and City legal comments on the Screencheck EIR. • Attendance at additional meetings as requested by applicant. • Additional project management efforts related to an extension of project schedule and ongoing project changes.

The original contract was approved for $409,540.00 and the first amendment added an additional cost of $41,206.00, for a new contract totaling $450,746.00.

A second amendment to the original Contract has been requested to complete additional tasks that were out of scope of the existing Contract:

• An additional iteration of EIR review/revisions compared to contract scope of work. • Substantially greater volume and detail of EIR review comments (Applicant, City, and City counsel) in comparison to approved scope of work.
• An approximate 3-month schedule extension (beyond PlaceWorks’ control) resulting in additional Project Management effort.
• Attendance at additional meetings as requested by City and applicant related to an extended schedule and ongoing project changes.

The original contract was approved for $409,540.00 and the first amendment added an additional cost of $41,206.00, totaling $450,746.00. The second amendment will add an additional $56,690.00, for a new contract totaling $507,436.00.

Fiscal Impact:

The entire cost for this consultant’s work will be covered by the Applicant/Developer, KP Irwindale Owner, LLC. The City's General Fund will not be impacted. The applicant has agreed to reimburse the City 100% of all costs and expenses incurred by the City by providing a deposit account pursuant to the reimbursement between the City and KP Irwindale Owner, LLC.

Attachments:

1. PlaceWorks Contract Services Agreement

01005.0018/980696.1
AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF IRWINDALE AND PLACEWORKS, INC. (PLACEWORKS)
THIS AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT (herein “Amendment No. 2”) is made and entered into this 8th day of May 2024, by and between the City of Irwindale, a California municipal corporation (“City”), and PlaceWorks, Inc., a California corporation (“Consultant” or “PlaceWorks”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. The City and Consultant entered into that certain Contract Services Agreement (herein “Agreement”) dated October 26, 2022, for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the future buildout of up to three (3) speculative industrial buildings and an optional battery energy storage system, as those terms are defined in the Agreement.

B. The Agreement established a Contract Sum of FOUR HUNDRED AND NINE THOUSAND AND FIVE HUNDRED AND FORTY DOLLARS ($409,540.00).

C. Pursuant to Section 1.9 of the Agreement, any increase in compensation up to ten percent (10%) of the Contract Sum or $25,000 may be approved by the Contract Officer. Any increase in compensation exceeding $25,000 must be approved by the City Council. The City Council has approved this amendment to the Agreement pursuant to Section 1.9.

D. On December 13, 2023, the Parties entered into Amendment No. 1 to the Agreement, and established a maximum Contract Sum $450,746.00.

E. By this Amendment No. 2, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 2.1 of the Agreement to increase in the Contract Sum from $450,746.00 to $507,438.00.

F. By this Amendment No. 2, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 3.2 of the Agreement to account for a revised Schedule of Performance.

NOW, THEREFORE, the parties hereto agree as follows:

1. Section 2.1 of the Agreement, entitled “Contract Sum” shall be amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):

- 2 -
01005.0018/980696.1
“2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FOUR HUNDRED AND NINE THOUSAND AND FIVE HUNDRED AND FORTY DOLLARS ($409,540.00) FOUR HUNDRED AND FIFTY THOUSAND AND SEVEN HUNDRED AND FORTY-SIX DOLLARS ($450,746.00)

FIVE HUNDRED AND SEVEN THOUSAND, FOUR HUNDRED AND THIRTY EIGHT DOLLARS ($507,438.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. Section 3.2 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, dated November 20, 2023 dated May 2, 2024 and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the “Schedule of Performance” may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.”

3. Exhibit “A” to the Agreement is hereby amended to incorporate Amendment No. 2 to the Scope of Services, attached hereto as Exhibit “A.” Whenever the term “Scope of Services” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2 to the Scope of Services.

4. Exhibit “B” to the Agreement entitled “Special Requirements” shall remain unchanged.

5. Exhibit “C” of the Agreement entitled “Schedule of Compensation” shall be substituted and superseded in its entirety with the “Schedule of Compensation contained in Exhibit “C” attached hereto.

6. Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety by the “Schedule of Performance/Timeline” dated April 16, 2024, contained in Exhibit “D” attached hereto.

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7. Full Force and Effect. Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2.

8. Corporate Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal
corporation
Albert F. Ambriz, Mayor
ATTEST:

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

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

PLACEWORKS, INC., a California
corporation
By:

Name: Keith McCann
Title: CEO
Address: 3 MacArthur Place,
Suite 1100
Santa Ana, CA 92707
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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EXHIBIT "A"
AMENDMENT NO. 2 SCOPE OF SERVICES
May 2, 2024
The following scope of work details the additional work covered in this contract amendment and is organized per the tasks in our original approved contract with the City dated October 26, 2022 (proposal updated August 31, 2022, and amended November 23, 2023). Table 1, Cost Estimate details the additional fees requested in this amendment as well as summarizing the contract amounts by task for the original contract and Contract Amendment No. 1. The out-of-scope tasks included in this second Contract Amendment request are detailed below.

TASK 1. PROJECT INITIATION
This task has been completed and no additional fees are requested.

TASK 2. NOTICE OF PREPARATION AND SCOPING MEETING
Task 2.1 Notice of Preparation
This task was completed but the budget exceeded the cost estimate. A fee transfer among tasks in Contract Amendment No.1 covered this overage.

Task 2.2 Scoping Meeting
This task was completed but the budget exceeded the cost estimate. A fee transfer among tasks was approved in Contract No. 1 to cover this overage.

TASK 3. DRAFT EIR
Task 3.1 Administrative DEIR
Additional fees were required for this task after the submittal of Contract Amendment No.

1. The supplemental effort reflected in the cost estimate was work on the Alternatives section and Executive Summary. These sections were submitted after the initial submittal of the Administrative DEIR. The first contract amendment noted that Alternatives and the Executive Summary section would be updated in conjunction with the revisions and updates required for the Screencheck DEIR (Task 3.2) and would reflect the project description changes. It’s appropriate that the additional fees are accurately reflected in Task 3.1 as it was the first submittal for these sections.

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Task 3.2 Screencheck DEIR
The first contract amendment included fees to update the EIR for an updated project description (an additional 15k SF of office space), including updated AQ/GHG/HRA modeling results, and Specific Plan updates. The first contract amendment for this task also covered extra fees to address an expanded range of City and applicant commenters in comparison to the assumptions described in the original contract. The original EIR contract assumed that under Task 3.2, PlaceWorks would revise the Administrative DEIR to respond to one set of consolidated review comments from the City. The first amendment stipulated that additional comments were still pending from the City, including their engineer and counsel, and that the fees for this task may need to be augmented if new comments require substantial revisions and/or additional technical analysis.

This second Contract Amendment is requesting fees to revise the EIR to respond to 10 individual commenters representing the City, applicant, and their respective counsel and technical specialists. The volume of comments, and unanticipated level of detail required an immense amount of work. Additionally, some commenters added new comments in their second review that were not included in their original review (previously reviewed text that had not changed). Following is a summary of commenters and dates for comments received.

Note also that our original contract included one primary SCEIR review/revision followed by the preparation of the Public Review EIR. Our process has included submittal of the Administrative Draft EIR (Task 3.1), followed by a SCEIR (posted 1/7/24-1/23/24 and including project description updates named 2nd SCEIR on One Drive), and a 2nd SCEIR (to be submitted this month), that reflect substantial changes to the EIR in response to reviewer comments. This represents an additional version not anticipated or included in the fees for the original contract.

Task 3.3 Public Review DEIR
The budget for this task reflects the preparation of the most recent version of the EIR (to be submitted in April 2024). Upon submittal of the April 2024 EIR version, PlaceWorks will have submitted the following complete EIR versions: Administrative DEIR (8/24/23- 9/12/23 by sections), SCEIR (posted as 2nd SCEIR on One Drive, 1/17/23-1/23/23), and 2 nd SCEIR [April 2024]). The original contract and first amendment only account for the Administrative DEIR and one SCEIR, prior to preparation of the Public Review DEIR.

The Public Review DEIR was anticipated to entail “final formatting, editing, QA/QC” of the Printcheck DEIR. It was not scoped as a new EIR version with substantive changes or response to reviewer comments.

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TASK 4. FINAL EIR

4.1 Administrative FEIR (Response to Comments and Revisions to Draft EIR) This task has not been initiated and there is no change to the cost estimate.

4.2 Screencheck FEIR
This task has not been initiated and there is no change to the cost estimate.

4.3 Mitigation Monitoring andReportingProgram
This task has not been initiated and there is no change to the cost estimate.

4.4 Findings of Facts and Statement of Overriding Considerations This task has not been initiated and there is no change to the cost estimate.

4.5Notice of Determination
This task has not been initiated and there is no change to the cost estimate.

TASK 5. CITY STAFF COORDINATION MEETINGS, COMMUNITY MEETING, AND

PUBLIC HEARINGS
Our first amendment added fees for weekly meetings through the anticipated approval of the project in May 2024. It did not include any meetings during the DEIR public review period. This budget has not been expended at the rate anticipated since we have not

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had meetings every week. The additional fees shown in the cost table for this amendment reflect additional budget (beyond the remaining amount) needed to attend up to 6 more meetings (assumed project approval by September 2024 and no meetings during DEIR public review period). The budget assumes virtual meetings to be attended by JoAnn Hadfield with approximately 1/2 the meetings also being attended by Dina El Chammas Gass.

We have not changed the assumptions for our participation in public hearings (2 public hearings). Additionally, our scope includes attendance at a community meeting.

TASK 6. PROJECT MANAGEMENT
We are requesting additional fees to cover project management efforts associated with an extended schedule that has been beyond PlaceWorks’ control. Our approved scope of work is based on a 12-month project schedule. Our Project Management fees were supplemented in our last contract amendment based on an estimated project approval in May 2024. Based on the updated schedule included in this amendment request, we now anticipate approval in mid-September 2024. Our fee request, therefore, is for an estimated additional 3 months and based on the same assumptions used in our previous cost estimates (5 hours/month for our Project Manager and 2 hours/month for our Assistant Project Manager).

TASK 7. PLACEWORKS TECHNICAL STUDIES

7.1 Air Quality and Greenhouse Gas Emissions Analyses
No changes are required to this task.

7.2 Energy
No changes are required to this task.

7.3 Construction Health Risk Assessment
No changes are required to this task.

7.4 OperationalHealthRiskAssessment
No changes are required to this task.

7.5 Cultural and Paleontological Records Search
No changes are required to this task.

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7.6Noise and Vibration Analysis
No changes are required to this task.

TASK 8. TRAFFIC IMPACT ANALYSIS: ITERIS

8.1 Project Management, Project Initiation,Scope Refinement, and Data Collection There are no changes to this task.

8.2 Traffic Analysis
There are no changes to this task.

8.3 CEQA Analysis
There are no changes to this task.

8.4 Response to Comments
There are no changes to this task.

8.5Revised Land Use – Add On
There are no changes to this task.

TASK 9. TECHNICAL STUDIES PEER REVIEW

9.1 Phase I Environmental Site Assessment and Geotechnical Study No changes are required to this task.

9.2 Hydrology and Water Quality
No additional fees are required for this task.

9.3 Sewer and Utility Studies
No additional fees are required for this task.

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EXHIBIT "C"

SCHEDULE OF COMPENSATION

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EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE

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Item #19.G.

Date: May 8, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Request to Approve the Amended and Restated Project Reimbursement Agreement between the City and KP Irwindale Owner, LLC (“Applicant”) for CEQA and City Attorney costs associated with the proposed industrial and optional battery energy storage system development to be located at 13620 Live Oak Lane (APNs: 8532-002-035 and -042) City Manager's Recommendation:

That the City Council approve the attached Amended and Restated Project Reimbursement Agreement with KP Irwindale Owner, LLC for the reimbursement of costs associated with processing and negotiating permits, entitlements and proposed Conditions of Approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as Lead Agency and costs incurred by the City’s Attorney’s office.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Brandi Jones, Senior Planner
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On October 26, 2022, the City and the Applicant entered into a Project Reimbursement Agreement for an original deposit amount of for $409,540.00. KP Irwindale Owner, LLC the Applicant, submitted a request for the construction of three (3) speculative industrial buildings totaling and an optional battery energy storage system for property located at 13620 Live Oak Lane (APNs: 8532-002-035 and - 042), in the M-2 (Heavy Manufacturing) zone (Project). The applications include requests for a General Plan Amendment (Map), Zone Change, Site Plan and Design Review (DA), Tentative Parcel Map and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements. On December 13, 2023, the City Council approved the first amendment to the Project Reimbursement agreement for the additional request of $ 41,206.00.

The subject Amended and Restated Reimbursement Agreement, which is attached for consideration, will reimburse the City for any fees incurred from consultants and attorneys as the City may require to process and negotiate permits, entitlements and proposed Conditions of Approval of the proposed project. It will also reimburse the City for the environmental consultant and CEQA review. The amended contract with Placeworks, Inc. for these services is being considered separately by the City Council and will be funded by the Developer through the Project Reimbursement Agreement.

Fiscal Impact:

The City’s General Fund will not be impacted. The Applicant will provide a deposit of $56,690.00 to cover 100% of the additional cost for the consultant’s work.

Attachments:

1. PlaceWorks Project Reimbursement Agreement Amendment No. 2

01005.0018/980694.1

AMENDED AND RESTATED

PROJECT REIMBURSEMENT AGREEMENT
THIS PROJECT REIMBURSEMENT AGREEMENT (this "Agreement") is made as of May 8, 2024, by and between the City of Irwindale, a California municipal corporation ("City"), and KP Irwindale Owner, LLC, ("Developer").

RECITALS
A. Developer has submitted to City an application for a Specific Plan to guide the development of three (3) speculative concrete tilt-up light industrial buildings and an optional battery every storage system at 13620 Live Oak Lane, in the City of Irwindale, California ("Project"). As part of the original application, on October 26, 2022, the City and KP Irwindale Owner, LLC entered into a Project Reimbursement Agreement to provide for the reimbursement of the City by KP Irwindale Owner, LLC, for certain expenses to be incurred by City in undertaking review of the Project.

B. On December 13, 2023, the City and KP Irwindale Owner, LLC entered into an amended and restated Project Reimbursement Agreement.

C. Pursuant to California Environmental Quality Act ("CEQA"), the Project must be reviewed by City for potential additional environmental impacts.

Environmental analysis is required under CEQA for land use entitlements. An Initial Study was be prepared, as part of the preparation of an Environmental Impact Report (“EIR”), for the Project. City retained the services of outside consultants due to the nature and scope of the Project.

D. Certain costs and expenses incurred by the City have increased, resulting in the need for City and Developer to enter into this Agreement to provide for the reimbursement of City by Developer for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.

E. City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer's application for the Project, the preparation of the EIR for the Project and the reimbursement of the costs associated therewith.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

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01005.0018/980694.1

1. Application Processing.

City shall diligently process Developer's application for the Project in compliance with applicable laws, and shall cause to be prepared an EIR for the Project in compliance with the CEQA (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto. Developer acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Developer's application.

2. Payment.

A. Developer agrees to reimburse City in full for all costs and expenses incurred by City (a) pursuant to the agreement for contract services (the "Consultant Agreement") between City and Placeworks, Inc. ("CEQA Consultant"), the consultant selected by City to prepare the environmental documents necessary for the Project; and (b) pursuant to any contract (collectively, the "Contracts") between City and other consultants and attorneys (collectively, the "Additional Consultants") as City may require to process and negotiate permits, entitlements and proposed conditions of approval of the Project, (collectively, the "Expenses").

B. Pursuant to the original and previously amended and restated Project Reimbursement Agreements, KP Irwindale Owner, LLC paid two lump sum deposits in the amount of SIX HUNDRED AND TWELVE THOUSAND AND FOUR HUNDRED AND SEVENTEEN THOUSAND AND TWENTY CENTS ($612,417.20) ("First Deposit and Second Deposit"). The City's best estimate of Developer's ultimate obligation hereunder with respect to the expenses incurred on the Project is the amount of SEVEN HUNDRED AND TWENTY-FIVE THOUSAND, SEVEN HUNDRED AND NINETY-SEVEN DOLLARS AND TWENTY CENTS ($725,797.20).

Developer shall pay a lump sum deposit of the outstanding balance of FIFTY SIX THOUSAND, SIX HUNDRED AND NINETY DOLLARS ($56,690.00) (“Third Deposit”) within five (5) days of the City's approval of this Agreement.

C. If City subsequently determines that the Third Deposit is insufficient to cover Developer’s ultimate obligation with respect to the expenses incurred on the Project, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Developer shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each, a "Supplemental Deposit"). If Developer does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to City, work on the Project shall be suspended until the applicable Initial or Supplemental Deposit is made to City.

D. City shall provide Developer with a monthly accounting of City's use of the Deposits to pay Expenses within a reasonable lime after the end of each calendar month during the term of this Agreement.

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E. City shall promptly refund to Developer any amount of Developer's Deposits that remain unexpended at the end of the Project as well as provide Developer with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Developer has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Agreement.

F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.

3. Abandonment of Project. This Agreement does not constitute a commitment by Developer to proceed with the Project and Developer may choose to not proceed with the Project at any time for any or no reason whatsoever. If Developer should abandon the Project prior to a final decision on its application by City, then Developer may give written notice of such abandonment to City and City shall immediately suspend preparation of the EIR and all other aspects of review for the Project. Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of abandonment.

4. Conflicts of Interest.

A. During the existence of City's contract with the CEQA Consultant, and for a period of one (1) year after final resolution of Developer's application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Developer propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.

B. Developer makes the following warranties for the 12-month period preceding the submission of its application for the Project. Developer warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents or employees. Developer further warrants that it has not entered into any

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arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).

C. The parties acknowledge and agree that processing of Developer's application for the Project is not contingent on the hiring of any specific contractor.

D. The parties acknowledge and agree that Developer's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.

E. Neither Developer nor its officers, employees or agents shall communicate with the CEQA Consultant or any Additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.

5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Developer shall have a reasonable time thereafter within which to review and provide comments to and consult with City on such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Developer shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Developer has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the Environmental Consultant pursuant to the Consultant Contract without obtaining Developer's prior consent. Upon the execution of (i) the Consultant Contract and any amendments thereto by Environmental Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Developer's obligations with respect to such executed Consultant Contract and Contracts (each as amended) will be governed by the terms and conditions of this Agreement.

6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate

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in writing pursuant to this section.

City:

City of Irwindale
Attention: Chief Deputy City Clerk
5050 N. Irwindale Avenue
Irwindale, CA 91706
Developer:

KP Irwindale Owner, LLC
Attn: Jeff Dritley, President
11150 Santa Monica Blvd., Suite 300
Los Angeles, CA 90025

7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.

8. Hold Harmless. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Developer of its obligations under this Agreement and the preparation by the City of the EIR for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.

9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.

10. Time of the Essence. Time is of the essence of each and every

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provision of this Agreement.

11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.

12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.

13. Further Assurances. Each party, at the request of the other, shall execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF IRWINDALE, a municipal
corporation
Albert F. Ambriz, Mayor
ATTEST:

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

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

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“DEVELOPER”:

KP Irwindale Owner, LLC, a California
corporation
By:

Name: Jeff Dritley
Title: President
Address: 11150 Santa Monica
Blvd., Suite 300
Los Angeles, CA 90025
By:

Name: Steven Hillgren
Title: Vice President
Address: 11150 Santa Monica
Blvd., Suite 300
Los Angeles, CA 90025

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Item #19.H.

Date: May 8, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Memorandum of Understanding Between the Cities of Azusa, Baldwin Park and Irwindale for the East San Gabriel Valley Special Weapons and Tactics Team.

City Manager's Recommendation:

Approve the Memorandum of Understanding Between the Cities of Azusa, Baldwin Park and Irwindale for the East San Gabriel Valley Special Weapons and Tactics Team.

Administrative Action:

Submitted / Prepared by:

Christopher P. Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

This Memorandum of Understanding formalizes an existing working relationship between the member cities of Azusa, Baldwin Park and Irwindale. Each member city's respective Police Department currently works together to provide personnel and resources to a mutual team of officers and supervisors trained in Special Weapons and Tactics ("SWAT") procedures and the use of related specialized equipment.

It is recognized that the presence of a highly trained and skilled SWAT team has been shown to reduce the risk of injury or death to citizens, police officers and suspected criminal offenders. It is also recognized that a well-managed team response to critical incidents, which is often beyond the scope and training of patrol officers and detectives, usually results in the successful resolution of those events. To this end, it is the intent of the participating members as well as future potential member cities or agencies to formalize the pooling of certain resources whenever personnel, facilities, and equipment are reasonably available and to formalize the creation of a regional SWAT team. This SWAT team will provide service to all the members and their respective communities to help resolve critical incidents as they arise and will be named the East San Gabriel Valley SWAT Team.

Fiscal Impact:

The ESGV SWAT Team does not have its own budget. Each Member will be responsible for overtime expenses, base salary, benefits, and other personnel costs for their participating employees resulting from training and call-outs. Costs for this item are in the form of overtime spent on training and on actual SWAT field operations. Training days are in the form of two five-hour training sessions per calendar month. Field operations are in the form of actual hours spent conducting SWAT operations in the field. The frequency of field operations is dependent on the need for a SWAT response to a critical event. As such, the frequency of critical events cannot be predicted. However, averages can be observed and utilized in the planning and administration of the police budget.

The Irwindale Police Department mitigates SWAT-related costs in several ways. First, "payback" shifts are used for training days. Payback shifts are extra hours owed to the City by police officers due to their "3-12" weekly work schedule; at the end of every four weeks, an officer owes ten extra hours of work to the City, and these hours are used for SWAT training purposes by officers assigned to the team. Second, should an officer's payback day be needed to fill a shortage on patrol, and should upcoming SWAT training be routine in nature, the Police Department may opt to have an officer stand down from a training session. Third, when a SWAT field response is called for and the team is called to respond, not every SWAT officer responds. The team was designed to be staffed by a sufficient number of officers to provide a robust response to any incident while allowing that some team members may not be able to respond due to illnesses, planned vacations, or local patrol staffing needs.

Attachments:

1. East San Gabriel Valley SWAT Team MOU (003)

1 MEMORANDUM OF UNDERSTANDING

EAST SAN GABRIEL VALLEY SWAT TEAM (ESGV SWAT)

1. INTRODUCTION
This Memorandum of Understanding (“MOU” or “Agreement”) is entered by and among the City of Azusa, the City of Baldwin Park, and the City of Irwindale (referred to herein individually as a “Member” or collectively “Members”) for the purpose of operating a regional Special Weapons and Tactics (“SWAT”) team as provided in this MOU. The effective date of the MOU (“Effective Date”) is the date this MOU has been executed by authorized representatives of the City of Azusa, the City of Baldwin Park, and the City of Irwindale.

It is recognized that the presence of a highly trained and skilled SWAT team has been shown to reduce the risk of injury or death to citizens, police officers and suspects. It is also recognized that a well-managed team response to critical incidents, which is often beyond the scope and training of patrol officers and detectives, usually results in the successful resolution of those events. To this end, it is the intent of the participating Members as well as future potential member cities or agencies to pool certain resources whenever personnel, facilities, and equipment are reasonably available and to create a regional SWAT team. This SWAT team will provide service to all the Members and their respective communities to help resolve critical incidents as they arise and will be named the East San Gabriel Valley SWAT Team (referred to herein as the “ESGV SWAT Team.”)
It is the intent of the Members in entering this MOU to create a structure for participation on the ESGV SWAT Team by the original Members and to provide a mechanism to allow participation by new members with the approval of the existing Members.

2. GENERAL SUPERVISION
The ESGV SWAT Team shall be governed by the Chiefs of Police of the Member Police Departments, or their designees. Generally, they shall provide operational governance and supervision of the mutual aid and cooperation, and administration of the ESGV SWAT Team as set forth in this MOU and shall make all decisions based on concurrence of at least a majority of the Chiefs, or their designees, after providing, wherever reasonably possible, an opportunity for all Member Chiefs, or their designees, to be involved in any and all such decisions. In the instance that a Member does not have a permanent Chief of Police in place, then the person serving as the city manager of that agency, or his or her designee, shall fill the role of the chief of police until that agency appoints a permanent chief of police. ///
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2 3. MEMBER RESPONSIBILITY
A. Third Party Property Damage, Death, or Injury
The Member requesting the response of the ESGV SWAT Team shall be solely liable for any claim, loss, or damages to non-member third parties for property damage, personal or other injury, and/or death including, without limitation, attorney’s fees and costs arising out of the activities of the ESGV SWAT Team unless the claim, loss, or damages are the result of the negligence, willful misconduct, or actions outside the operational plan or operational necessity by employee(s) or contract labor provider(s) assigned by another Member. Where the claim, loss, or damages to non-member third parties for property damage, personal or other injury, and/or death, including without limitation, attorney’s fees and costs arising out of the activities of the ESGV SWAT Team are caused by the negligence, willful misconduct or actions outside the operational plan or operational necessity, the Member who assigned the employee(s) or contract labor provider(s) to the ESGV SWAT Team causing the claim, loss or damage shall be solely liable. To the extent permitted by law, proportional liability to third parties for property damage, death, or personal or other injury arising out of acts or omissions of the employees of more than one Member may be established either by stipulation among the affected Members or by a court of competent jurisdiction.

B. Member Damage, Injury, Loss, or Death to Member Contributed Employee Notwithstanding any other provision of this Agreement, the Members specifically agree that in the event of any property or other damage, loss, injury, illness, or death to any duly assigned employee(s) or contract labor provider(s) to the ESGV SWAT Team, arising out of the participation in the training or operations of the ESGV SWAT Team, the employee’s assigning Member shall indemnify, defend, and hold harmless the other Members, and such Members’ officials, boards, officers, agents, volunteers, and employees from any and all such demands, claims, or liabilities arising therefrom including, without limitation, consequential damages and attorneys’ fees and costs, unless such property or other damage, loss, injury, illness, or death was caused by the negligence, willful misconduct, or actions outside the operational plan or operational necessity by employee(s) or contract labor provider(s) of one of the Members. In such case, the Member assigning the employee(s) or contract labor provider(s), whose negligence, willful misconduct, or actions outside the operational plan or operational necessity caused the property or other damage, loss, injury, illness, or death to any duly assigned employee(s) or contract labor provider(s) of the ESGV SWAT Team, shall indemnify, defend, and hold harmless the other Members, and such Members’ officials, boards, officers, agents, volunteers, and employees from any and all such demands, claims, or liabilities arising therefrom including, without limitation, consequential damages and attorneys’ fees and costs. If such property or other damage, loss, injury, illness, or death are caused by employee(s) or contract labor provider(s) of more than one Member, proportional liability of affected Members may be established either by stipulation among the affected Members or by a court of competent

3 jurisdiction. Each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation.

C. Member Indemnity for Workers Compensation Liability of Contributed Employee Each Member shall fully indemnify and hold harmless each other Member, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of a Member or any contract labor provider retained by the Member, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of a Member or any contract labor provider retained by a Member.

D. Indemnification and Insurance
In connection with any claim, injury or property damage for which a Member is obligated to indemnify and defend another Member or Members, such indemnifying Member shall indemnify, defend and hold harmless other Members, and such Members’ officials, boards, officers, agents, volunteers, and employees from any and all demands, claims or liabilities of any nature arising out of the incident giving rise to the defense and indemnification obligation. In such cases, each Member shall use its best efforts to cooperate and assist in such a defense, except to the extent that such cooperation and assistance could, in the opinion of the Member’s City Attorney, be reasonably expected to prejudice the legal interests of that indemnified and defended Member. Each Member shall at all times be compliance with applicable law and maintain in full force and effect workers compensation insurance and adequate liability insurance or legally adequate self-insurance to cover its activities hereunder.

E. Survival of Provisions
Notwithstanding any provision to the contrary in this section entitled "Member Responsibility" the requirements of this section shall survive any termination or expiration of this Agreement, as well as the withdrawal of a Member from this Agreement or the ESGV SWAT Team.

4. GOVERNING LAW
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced pursuant to the laws of the State of California. The Members agree that

4 jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in the Superior Court of the County of Los Angeles.

5. PARTIAL INVALIDITY
If any one or more of the terms, provisions, sections, promises, covenants or conditions of this MOU shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this MOU shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

6. FINANCES
The ESGV SWAT Team does not have its own budget. Each Member will be responsible for overtime expenses, base salary, benefits, and other personnel costs for their participating employees resulting from training and call-outs. Each Member will provide their participating personnel with the requisite safety equipment which is set forth in the policy and procedures of the ESGV SWAT Team. Replacement costs of expendable items used during training and/or call-outs will be shared equally only if the value of expendable items was contributed equally. A detailed accounting of such items will be maintained and a written statement of costs incurred will be submitted for payment to all Members on a cost-sharing basis.

7. MEMBER PARTICIPATION
This Agreement is completely voluntary in nature and none of the Members are under any obligation to respond to a request from the ESGV SWAT Team that they are unwilling or unable to honor. However, every reasonable effort based in part upon availability of funding, staffing, and equipment will be made to accommodate all requests for service. It is further agreed that the Members shall work together to create a Joint ESGV SWAT Team manual documenting all relevant standards, policies, training, and practices for the ESGV SWAT Team.

8. ASSIGNMENT OF PERSONNEL
Each Member’s respective Chief of Police, or his/her designee, must approve the assignment of personnel to the ESGV SWAT Team. Officers assigned to the ESGV SWAT Team shall have a minimum of three years’ experience as a full-time police officer. The Chiefs of Police, or their designees, may reject from consideration any candidate from their respective agency regardless of whether they meet minimum qualifications. Following initial assignment of personnel, assignment of officers to the ESGV SWAT Team will be reviewed on a yearly basis. The Tactical Team Commander may request the Chiefs of Police, or their designees, remove any officer from the ESGV SWAT Team who is a member of his/her respective department for not adhering to the policies and procedures of the ESGV SWAT Team and/or this Agreement.

5 9. TEAM MANAGEMENT
Each participating Member shall provide one police Lieutenant to be assigned to the ESGV SWAT Team if their staffing levels permit and the Lieutenant has the experience necessary to lead the ESGV SWAT Team. Each Lieutenant shall act as a liaison for their respective police agency, and shall assist with team management and supervision. If a Chief of Police does not have a qualified Lieutenant, he or she may designate another department member of commensurate skill and experience to fill the role as department liaison.

From the assigned liaisons, the Chiefs of Police, or their designees, shall select an ESGV SWAT Team Commander, who shall have overall responsibility for managing the ESGV SWAT Team.

Each of the other liaisons shall be subordinate to the Team Commander and designated as Assistant Tactical Team Commanders. Assistant Tactical Commanders shall be responsible for directing the ESGV SWAT Team when the Tactical Team Commander is not available.

Officers assigned to the ESGV SWAT Team will work under the supervision of the Tactical Team Commander and team participants assigned as supervisors. Team members will follow all policies, procedures, and guidelines specifically approved by concurrence of the Chiefs of Police for ESGV SWAT Team operations. Should any of the ESGV SWAT Team policies or procedures conflict with the department rules or respective Members, the Members shall immediately bring the conflict to the attention of the Tactical Team Commander or supervisors.

Supervisors will then take the necessary action to eliminate the conflict consistent with the department rules of the respective Member.

10. ACTIVATION CRITERIA
The ESGV SWAT Team will, as able in light of available staffing, suitable equipment, and time demands, respond to critical incidents at the request of the on-duty Watch Commander or higher authority of the Member agency affected by the critical incident. Critical incidents include, but are not limited to, the following:
• Hostage Situations — The holding of any person(s) against their will by an armed or potentially armed suspect or by any other means.
• Barricaded Subjects — The standoff created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with police demands to surrender.
• Active Shooter Situations — The firing upon of citizens and/or police by an armed suspect, whether stationary or mobile.
• High-Risk Apprehensions — The arrest or apprehension of armed or potentially armed suspects where the likelihood of armed resistance is likely.

6 • High-Risk Warrant Service — The service of arrest or search warrants where the warrant dynamics or policy recommends or requires the use of a tactical team. • Protection Operations — The security of specific persons, such as dignitaries, witnesses, or suspects based on threat or potential threat to the well-being of those persons, or the protection of places at risk due to special events or unusual conditions. • Special Assignments — Any assignment approved by a Chief of Police or their designee, based upon a high threat level.

Additional criteria to consider when determining if the ESGV SWAT Team will be utilized are:
• The suspect has committed a criminal act or is in dangerous mental condition; or • The suspect is believed to be armed; or
• The suspect has refused to submit to arrest; or
• By the nature of the situation, an unacceptable risk is presented to police officers or the public.

11. ACTIVATION PROCEDURE
If the event falls within the aforementioned guidelines, the on-duty Watch Commander/Incident Commander will evaluate the situation. If a response by the ESGV SWAT Team is appropriate and necessary, the Member will notify the Tactical Team Commander, who will make the decision to activate the ESGV SWAT Team and make decisions regarding personnel recall.

12. COMMAND AND CONTROL
When the ESGV SWAT Team is activated, the Tactical Team Commander, or his or her designee, will report directly to the Incident Commander at the scene. The Tactical Team Commander shall define what the operational plan is for the call out as well as what the operational necessity became as events arose. The Incident Commander is responsible for determining the mission(s) to be undertaken to resolve the incident. The Tactical Team Commander is responsible for determining the tactics to be used in carrying out the mission(s) with the approval of the Incident Commander. The Tactical Team Commander or his or her designee shall be the only persons to directly supervise or control any element or member of the ESGV SWAT Team during a critical incident.

13. PERSONNEL COMPLAINT PROCEDURE
In the event of a complaint of misconduct, or a failure to comply with applicable law or policy, or negligence involving any made against any participant of the ESGV SWAT Team, such complaint shall be immediately forwarded to the Chief of that participant’s employing agency.

7 Investigation of, and responses to any such complaint shall be the sole responsibility of the participant’s employing agency. Each Member shall cooperate fully in any such investigation, and shall make available its personnel and records to assist in the investigation to the extent permissible under existing law and applicable personnel rules. In the case of a complaint or complaints against participants of the ESGV SWAT Team assigned by multiple Members, the Chiefs of Police, or their designees, shall determine how and by whom each such complaint shall be investigated and responded to, in compliance with the applicable procedures and contractual obligations of the assigning Members. Each participant of the ESGV SWAT Team shall fully cooperate with investigation to the extent permissible under existing law and applicable personnel rules. Any personnel administrative action resulting from such investigations shall be the sole responsibility of the participant’s employing agency.

14. FIREARMS
Every officer assigned to the ESGV SWAT Team will carry a firearm in accordance with his/her department policies and procedures. Applicable departmental policies concerning the use of firearms shall apply. Any firearm carried by an officer on the ESGV SWAT Team must be approved by his/her department. The officer must meet their respective Member’s qualifying requirements.

15. SPECIAL WEAPONS AND EQUIPMENT
The ESGV SWAT Team Commander will work with team leadership to develop and implement appropriate procedures as they apply to the use of special weapons and equipment in accordance with laws and best common practices of the recognized law enforcement tactical profession. To the extent applicable, if the ESGV SWAT Team has or obtains military equipment subject to Government Code section 7070, et seq., the Members shall obtain the requisite approval from their respective governing body or bodies and abide by all other legal requirements associated with the use and/or acquisition of such equipment.

16. INCIDENTS INVOLVING USE OF FORCE
In the event that a participant of the ESGV SWAT Team uses force while engaged in their capacity as a tactical participant in the ESGV SWAT Team, in addition to individual requirements that each participant may have pursuant to their employer’s policies and law, the Tactical Team Commander will ensure that immediate notification is made to the Member agency. Furthermore, if a use of force results in death, then the Tactical Team Commander shall notify the following entities for investigation:
• The jurisdictional law enforcement agency in which the incident took place; • The Los Angeles County Sheriff’s Department Homicide Bureau (if the incident occurs in Los Angeles County);

8 • The Watch Commander of the ESGV SWAT Team participant’s respective agency; and, • The Los Angeles County District Attorney's Rollout Team (if the incident occurs in Los Angeles County).

Any discharge of a weapon by a member participant of the ESGV SWAT Team for any authorized mission which misses its intended target, whether deadly force was authorized or not, shall be immediately reported to the Tactical Team Commander for follow up investigation as dictated by law and the protocols of the jurisdiction in which the use of force took place.

Any unintended discharge of a weapon by any participant of the ESGV SWAT Team while acting in that capacity at an authorized mission or at team training shall be immediately reported to the Tactical Team Commander for follow up investigation as dictated by law and the protocols of the jurisdiction in which the discharge took place
In those cases in which death results from actions taken by one or more ESGV SWAT Team participants outside of Los Angeles County, the criminal investigation will be handled as dictated by the laws and protocols of the applicable jurisdiction where the use of force occurred.

17. TERMINATION OF PARTICIPATION
This MOU shall remain in full force and effect unless and until it is terminated by the affirmative vote of a majority of the Members. Any Member may withdraw from membership in the ESGV SWAT Team at any time and for any or no reason, upon giving not less than thirty (30) calendar days written notice to all of the Members’ Chiefs of Police, or their designees. Any cost, payment or reimbursement due from any withdrawing Member shall be paid in full or reimbursement due from any Members to the withdrawing Member shall be paid in full or otherwise released by all Members prior to the effective date of the withdrawal. A Member may be removed from this MOU by a majority vote of the Chiefs of Police of the respective Members.

18. ADDITIONAL AGENCY PARTICIPANTS
The Members may, in their sole discretion, approve an application by other qualified law enforcement agencies to join the ESGV SWAT Team and become a Member to this MOU, by at least a majority vote of the Members’ Chiefs of Police. Approved new member agencies shall execute an agreement to this MOU, as the same may be amended from time to time, prior to joining the EGSV SWAT Team.

19. ENTIRE AGREEMENT
This MOU represents the entire integrated agreement between the Members relating to the ESGV SWAT Team. This MOU supersedes any and all other agreements or representations, whether oral or written, between the Members hereto with respect to the subject matter hereof

9 and contains all of the covenants and agreements between the Members with respect to any matter, and each party to this MOU acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. The Members agree that any amendment or modification of this MOU shall be effective only if executed in writing and signed by the Chiefs of Police of all Members. This MOU may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

IN WITNESS WHEREOF, the Members have executed this MOU on the date(s) written below. ______________________________ _______________
Rocky Wenrick, Chief of Police Date
Azusa Police Department
______________________________ _______________
Christopher Hofford, Chief of Police Date
Irwindale Police Department
______________________________ _______________
Robert Lopez, Chief of Police Date
Baldwin Park Police Department

IRWINDALE CITY COUNCIL CHAMBERS APRIL 24, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:21 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: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola;
Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / 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 A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 27A REGULAR MINUTES OF THE MEETING HELD APRIL 10, 2024

REGULAR MINUTES OF
THE MEETING HELD The minutes of the regular meeting held April 10, 2024, were APRIL 10, 2024 approved.

ITEM NO. 27B WARRANTS / DEMANDS / PAYROLL

WARRANTS
The warrants / demands / payroll were approved.

ITEM NO. 27C INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING MARCH 31, 2024

QUARTERLY REPORT
FOR FISCAL QUARTER The City Council, Successor Agency Board, and Housing Authority ENDING MARCH 31, Board received and filed the Investment Quarterly Report for the 2024 fiscal quarter ending March 31, 2024.

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

SUCCESSOR AGENCY MINUTES APRIL 24, 2024
REGULAR MEETING PAGE 2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:22 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS APRIL 24, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:23 P.M.

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

ROLL CALL: Present: Board Members Mark A. Breceda; Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Larry G. Burrola; Chair Albert F. Ambriz Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION A motion was made by Board Member Breceda, seconded by Board Member Ortiz, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 33A REGULAR MINUTES OF THE MEETING HELD APRIL 10, 2024

REGULAR MINUTES
OF THE MEETING The minutes of the regular meeting held April 10, 2024, were HELD APRIL 10, 2024 approved.

ITEM NO. 33B INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING MARCH 31, 2024

QUARTERLY REPORT
FOR FISCAL QUARTER The City Council, Successor Agency, and Housing Authority Board ENDING MARCH 31, received and filed the Investment Quarterly Report for the fiscal 2024 quarter ending March 31, 2024.

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

NEW BUSINESS
ITEM NO. 35A ACQUISITION OF LAS CASITAS SENIOR APARTMENT

ACQUISITION OF LEASEHOLD INTEREST

HOUSING AUTHORITY MINUTES APRIL 24, 2024
REGULAR MEETING PAGE 2

LAS CASITAS SENIOR

APARTMENT

LEASEHOLD INTEREST
BOARD MEMBER At 8:24 p.m., Board Member Breceda declared a potential conflict of BRECEDA interest and exited the Council Chambers.

HOUSING Housing Coordinator Lopez presented the staff report.

COORDINATOR
LOPEZ
BOARD MEMBER Responding to a question by Board Member Ortiz, Coordinator ORTIZ Lopez advised that the apartment complex would be inspected prior to entering escrow.

FRED BARBOSA Fred Barbosa asked why the Board would be willing to purchase the leasehold interest for more than it’s worth, to which General Counsel Guerra corrected him by stating that, under this agreement, the Board would pay less than what the complex appraised for.

CASEY MIRANDA Casey Miranda asked why the Housing Authority did not own the leasehold in the first place, to which Coordinator Lopez indicated that the Housing Authority owns the land, but that Northridge Management owns the structure, in accordance with the contract.

CHAIR AMBRIZ Chair Ambriz thanked staff and the applicant for moving this matter forward.

RESOLUTION NO. Resolution No. HA 2024-03-141, entitled:

HA 2024-03-141
ADOPTED “A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY

APPROVING THE ACQUISITION OF THE LEASEHOLD INTEREST
OF LAS CASITAS SENIOR APARTMENTS LOCATED AT 5164

AYON AVENUE AND AUTHORIZING THE TERMINATION OF THE

ATTENDANT DISPOSITION AND DEVELOPMENT AGREEMENT

AND REGULATORY AGREEMENT AND DECLARATION OF

COVENANTS AND RESTRICTIONS WITH THE NORTHRIDGE
GROUP, INC., AND FINDING THE ACTIONS EXEMPT FROM
CEQA,” was adopted on the motion of Chair Ambriz, seconded by Vice Chair Burrola, and unanimously approved; Board Member Breceda absent.

EXECUTIVE DIRECTOR Executive Director Miranda thanked the Jahn family for their years of MIRANDA contributions to the City.

BOARD MEMBER At 8:36 p.m., Board Member Breceda returned to the Council BRECEDA Chambers.

HOUSING AUTHORITY MINUTES APRIL 24, 2024
REGULAR MEETING PAGE 3
ITEM NO. 35B PRESENTATION ON POLICY CHANGE REGARDING THE

PRESENTATION ON REGULATORY AGREEMENT FOR THE SUBSTANTIAL HOME

POLICY CHANGE REHABILITATION LOAN PROGRAM

REGARDING THE

REGULATORY

AGREEMENT FOR

THE SUBSTANTIAL
HOME

REHABILITATION

LOAN PROGRAM
GENERAL COUNSEL General Counsel Guerra advised that this report involves a general GUERRA policy discussion involving the housing rehabilitation program and does not address any specific property and indicated that the Board may request specific changes which would be discussed at future meetings.

HOUSING Housing Coordinator Lopez presented the staff report.

COORDINATOR
LOPEZ
RUTH QUEJIA Ruth Quejia presented herself as the realtor representing the Aquayo family, which has participated in the agency’s loan program in the past to rehabilitate their home and stated that her clients have not been able to sell their property since it is tied down with the program’s 45-year covenant. She argued her viewpoint that this covenant should not apply to the Aguayo property.

CHAIR AMBRIZ Chair Ambriz asked Mrs. Quejia whether the Aguayos received a grant or a loan to rehabilitate their home, to which Mrs. Quejia stated that staff represented to the Aguayos that the funds were a grant.

FRED BARBOSA Fred Barbosa blamed the Housing Authority for what he called “substandard” work performed at his house under the rehabilitation loan program by a contractor.

CASEY MIRANDA Casey Miranda stated that the Aguayos are willing to repay the loan amount that they received from the Housing Authority as part of the rehabilitation loan and suggested that the Board hire a different consultant to help find a way to enable the Aguayos to do so. He also requested the same for his parents who are in a similar situation.

ROBERT DIAZ Robert Diaz suggested that the Aguayos be allowed to repay the amount of the rehabilitation loan that they received and suggested that the Board consider changing the program guidelines to avoid tying program participants to covenants.

HOUSING AUTHORITY MINUTES APRIL 24, 2024
REGULAR MEETING PAGE 4
FRED BARBOSA Fred Barbosa mentioned he had to obtain a high interest loan to rehabilitate his home.

BOARD MEMBER Responding to a question by Board Member Ortiz, Coordinator ORTIZ Lopez confirmed that RSG was the consultant that has worked with Housing Authority staff on these types of loans in the past.

Board Member Ortiz stated that the consultant has made errors in the past and that the Board has previously indicated that it does not wish to work with this consultant in the future, to which Coordinator Lopez stated that staff has requested the consultant’s assistance in formulating a loan repayment formula, and briefly discussed the program requirements which creates the need to determine a way to release program participants from covenants while still making the Housing Authority whole and comply with all laws.

Board Member Ortiz requested that staff resolve this matter as soon as possible and, in the future, find a different consultant to work with when considering changes to the program guidelines.

RUTH QUEJIA Ruth Quejia reiterated her prior comments and requested that the Aguayo property be excluded from the covenant’s requirements.

CASEY MIRANDA Casey Miranda concurred and stated that the Aguayo’s will be unable to benefit from their property’s equity under the program’s current restrictions.

COORDINATOR Coordinator Lopez stated that Housing Authority staff has worked LOPEZ with RSG since the firm is very knowledgeable regarding state law and requirements for these types of programs. Staff will present additional information to the Board as soon as it is received from RSG.

GENERAL COUNSEL General Counsel Guerra added that a third-party consultant was GUERRA sought so that an independent body can ensure that the program is formed to make the agency whole. He noted that a document provided by Mrs. Quejia states several times that the funding that the Aguayos received were a loan.

BOARD MEMBER Board Member Breceda concurred and added that the program BRECEDA requirements were initially drafted by the Housing Authority’s legal counsel with input from RSG. He acknowledged that the program requirements are stringent and stated that, though the program needs to make the agency whole, participants should not be held “hostage”. He also noted that any options presented to the Aguayo family would also need to be extended to all other program participants.

HOUSING AUTHORITY MINUTES APRIL 24, 2024
REGULAR MEETING PAGE 5
BOARD MEMBER In response Board Member Ortiz’s request to avoid using RSG in the ORTIZ future, Coordinator Lopez recommended waiting until input from the firm is received so that the Board can contemplate whether the recommendations should be utilized, though staff will keep the Board’s request in mind for the future.

CHAIR AMBRIZ Chair Ambriz suggested that the Board and staff take into consideration the comments made at tonight’s meeting and work diligently to find a quick resolution to the concerns raised.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:16 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary