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binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant’s Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.3.
In the event Consultant subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
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5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
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5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to City, Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, Consultant shall fully cooperate with City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by
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Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In
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the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as previously stated.
7.9 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
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State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of City, to the Executive Director and to the attention of the Contract Officer (Julian A. Miranda, City Manager), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts and Electronic Signatures.
This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like
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import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paperbased record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
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or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement 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 Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [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 IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
_________________________________
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
RSG, INC., a California corporation
By:
Name: James Simon
Title: President
By:
Name: Tara Broughton
Title: Principal & Vice President
Address: 170 Eucalyptus Avenue
Suite 200
Vista, CA 92084
GRUEN ASSOCIATES
By:
Name: Michael A. Enomoto
Title: Managing Partner
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By:
Name: Larry Schlossberg
Title: Partner
Address: 6330 San Vicente Boulevard
Suite 200
Los Angeles, CA 90048
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-1
EXHIBIT “A”
SCOPE OF SERVICES
The consultant shall provide professional planning, market, and economic analysis services, including but not limited to:
Retail Market and Land Use Feasibility Study: analyze the City’s retail demand and identify current and future retail needs to ensure economic growth along+ the Arrow Highway. The first section of the project will involve data collection, review, and analysis of the retail trade area and retention strategy to keep businesses in Irwindale and attract new businesses.
Task 1: Project Initiation & Data Collection
• Kickoff meeting with City staff to review project goals and expectations • Review existing plans, zoning, traffic data, and previous studies • Conduct site reconnaissance and inventory of existing land uses Task 2: Market Analysis
• Analyze current retail trends, trade area demographics, and spending patterns • Assess retail leakage/surplus and unmet market demand • Identify key commercial sectors with growth potential Task 3: Land Use & Development Opportunities
• Evaluate development potential of key sites
• Recommend land use and zoning adjustments, if applicable • Identify opportunity areas for retail, dining, entertainment, and mixed-use Task 4: Urban Design & Corridor Identity
• Suggest design enhancements, signage, landscaping, and branding elements • Provide conceptual visualizations or design guidelines (optional task) Task 5: Implementation Strategy
• Recommend economic development tools (incentives, partnerships, grants) • Provide phasing, funding, and implementation recommendations • Present findings to City Council and/or Economic Development staff
A-2
Deliverables
• Market Analysis Report
• Opportunity Site Profiles
• Corridor Concept Plan or Illustrative Map
• Implementation and Funding Strategy
• Final Retail Corridor Study Report (digital + 5 hard copies) • Presentation materials for public or Council meetings All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $ 42,500.00, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit “C-1”.
C-2
EXHIBIT “C-1”
CONSULTANT PERSONNEL BILLING RATES
Directly related job expenses not included in the above rates are: parking, standard telephone/fax expenses, general postage, or incidental copies, messenger services and overnight shipping/express mail costs. Copies of reports, documents, notices, and support materials in excess of five copies. Directly related job expenses will be billed at actual expense plus a 10% surcharge.
Monthly invoices payable upon receipt. .
C-2
D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Consultant shall perform all Services timely and shall commence work upon contract authorization and receipt of necessary project data.
Consultant shall provide the City a Draft report within 90 calendar days of commencement of work. Consultant shall thereafter provide the City with the Final report within 30 calendar days of receiving City staff feedback.
The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
.
Item #22.A.
Date: April 22, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Public Hearing and Approval of an Energy Services Agreement with Syserco Energy Solutions, Inc. for City Facilities Energy Efficiency Improvements City Manager's Recommendation:
Open the public hearing, hear any public comment, and continue the public hearing to the special City Council meeting of May 13, 2026 at 10:00 a.m.
Administrative Action:
Submitted/Prepared by:
Elizabeth Rodriguez, Public Services Director
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 6, 2025, the City Council approved a Non-Binding Letter of Intent (LOI) with Syserco Energy Solutions (SES) and authorized a no-cost Investment-Grade Audit to evaluate energy efficiency opportunities across City facilities. Following several months of analysis, SES identified a
comprehensive package of energy conservation measures designed to reduce operational costs and improve infrastructure efficiency.
On February 25, 2026, SES presented their findings to City Council. As a result, council requested staff to 1) refine solar option; 2) prioritize viable sites; 3) evaluate which energy savings measures make sense financially; and 4) develop a clearer project scope and savings at the March 25th meeting.
At the March 25, 2026 City Council meeting, SES and City staff presented the final scope of work, which included a new carport with solar panels for the Police Department and Community/Senior Center Parking Lots, new rooftop solar panels for Irwindale City Hall, Building Envelope Sealing for city-wide facility doors, smart irrigation and booster pumps for city parks, replacement of skylights at the Community and Senior Centers, and thermostat upgrades at city-wide facilities. City Council also provided staff with direction to utilize the current funding available in FY 2025-2026 Community Center Skylight Replacement Capital Improvement Program (CIP) Project No. 8249 with the remaining balance to be paid for using the General Fund reserves.
Inflation Reduction Act (SOLAR)
SES, on behalf of the City of Irwindale, will submit an application for up to a 50% solar incentive, which totals approximately $1,180,000. The Inflation Reduction Act provides for a 30% Investment Tax Credit for Solar PV systems if the City places the project in service before December 31, 2027. Alternatively, if the city meets the safe harbor requirement to begin construction before July 4, 2026, the project may be finished within four (4) years and still qualify for the income tax credit. Additionally, to receive the full 30% base credit, projects over 1 MW must meet prevailing wage and apprenticeship standards. The safe harbor requirement can be met for all projects by performing “Physical Work of a Significant Nature” on site prior to the deadline, or, as an alternative for projects under 1.5 Megawatts (MW), accruing 5% of the project’s total cost prior to the deadline.
SES will also apply for the following bonus credits:
• Domestic Content: An additional 10% credit is available for meeting domestic content requirements (100% threshold for structural iron and steel and 50% threshold for manufactured components for projects beginning in 2026). SES anticipates capturing this credit bonus.
• Energy Communities: Up to an extra 10% is available for projects located in designated energy communities. SES anticipates capturing this credit bonus. • Low-income Community Projects: An additional 10% for low-income community projects. However, the proposed solar locations at the City of Irwindale are not designated as a low-income community according to the US Department of Energy and are not eligible for this credit.
Failure to meet these deadlines means losing the Investment Tax Credit for the project.
In accordance with California Government Code Section 4217.10 – 4217.18, public agencies are allowed to set and implement policies that assist in developing energy conservation, cogeneration, and alternate energy supply sources for its facilities.
Additionally, pursuant to these sections of the codes, public agencies may enter into energy service agreements when the anticipated cost of energy services is less than the projected cost of energy consumption without improvements. Staff recommends that the City Council waive the formal bidding process in accordance with Government Code Sections 4217.12–4217.16 and Irwindale Municipal Code Section 3.44.080(H), based on findings that the project will result in long-term cost savings to the City, and in the best interest of the city. These findings are supported by historical utility usage data from Southern California Edison, Southern California Gas Company, and Valley County Water District.
This proposed project is exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15268 (Ministerial Projects), as the improvements are based on objective criteria and involve minimal discretionary judgment.
The City Attorney has reviewed and approved the contract to form with SES.
Staff recommend that the City Council approve the Energy Services Agreement with SES, waive the competitive bidding process, and authorize the necessary budget appropriations to proceed with the project.
Fiscal Impact:
The total project cost is $3,075,000, with an initial down payment of $410,000 required to initiate the project. Adoption of Resolution No. 2026-26-3737 authorizes the Finance Director to amend the FY 2025-2026 adopted budget by renaming the existing CIP Project No. 8249 - Community Center Skylight Replacement to City Facilities Energy Efficiency Improvement and use its $300,000 budget along with an additional appropriation of $73,205 from the Development Impact Fees Fund reserves, plus $2,701,795 from the General Fund reserves to fund this project..
SES will apply on behalf of the City for available federal incentives under the Inflation Reduction Act, including a potential 50% solar investment tax credit estimated at $1,180,000. These incentives are contingent upon meeting strict construction and funding deadlines.
Below is a breakdown of the costs associated with this project:
PROJECT
DEVELOPMENT
& GENERAL
CONDITIONS
SOLAR
PROJECT
BUILDING
ENVELOPE
SEALING
SMART
IRRIGATION
& BOOSTER
PUMPS
SKYLIGHTS THERMOSTAT
UPGRADE
TOTAL
$175,000 $2,375,000 $60,151 $70,045 $377,257 $17,547 $3,075,000*
Attachments:
1. Public Hearing for Energy Services Contract - RESOLUTION
Resolution No. 2026-26-3737
`RESOLUTION NO. 2026-26-3737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING
CERTAIN FINDINGS, APPROVING AN ENERGY SERVICE CONTRACT, AND
APPROPRIATING FUNDS FOR ENERGY RELATED IMPROVEMENTS TO CITY FACILITIES WITH SYSERCO ENERGY SOLUTIONS, INC. IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 4217.10 TO 4217.18
WHEREAS, on October 6, 2025, the City Council unanimously approved the city’s entry into a non-binding letter of intent (LOI) with Syserco Energy Solutions (SES) for an Energy Services Agreement under California Government Code 4217, and a Notice to Proceed for a NO-COST Investment-Grade Audit; and
WHEREAS, City Staff worked with SES completed a walk-through, audit, and analysis of city facilities and identified specific energy conservation measures, cost savings, and potential funding mechanisms; and
WHEREAS, on February 25, 2026, SES presented their findings to City Council. As a result, council requested staff provide and present recommendations at the March 25th City Council meeting; and
WHEREAS, at the March 25, 2026 City Council meeting, SES and City staff presented the final scope of work, which included a new carport with solar panels for the Police Department and Community/Senior Center Parking Lots, new rooftop solar panels for Irwindale City Hall, Building Envelope Sealing for city-wide facility doors, smart irrigation and booster pumps for city parks, replacement of skylights at the Community and Senior Centers, and thermostat upgrades at city-wide facilities. City Council also provided staff with direction to utilize the current FY25/26 Skylight Replacement Project Capital Improvement Project (CIP) funding with the remaining portion of the project paid for using general fund reserves; and
WHEREAS, SES, on behalf of the City of Irwindale, will submit an application for approximately 50% solar incentive under the Inflation Reduction Act (SOLAR), which totals approximately $1,180,000; and
WHEREAS, pursuant to California Government Code Section 4217.10 TO 4217.18, public agencies are allowed to set and implement policies that assist in developing energy conservation, cogeneration, and alternate energy supply sources for its facilities and may enter into energy service agreements when the anticipated cost of energy services is less than the projected cost of energy consumption without improvements; and
WHEREAS, as a result, staff recommends that the City Council waive the formal bidding process in accordance with Government Code Sections 4217.12 – 4217.16 and
Resolution No. 2026-26-3737
Irwindale Municipal Code Section 3.44.080 (H), based on findings that the project will result in long-term cost savings to the City and these findings are supported by historical utility usage data from Southern California Edison, Southern California Gas Company, and Valley County Water District; and
WHEREAS, this proposed project is exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15268 (Ministerial Projects), as the improvements are based on objective criteria and involve minimal discretionary judgement; and
WHEREAS, an Energy Services Agreement with SES must be executed by the City Manager to authorize them to begin their work as specified in the agreement; and WHEREAS, the total project cost is $3,075,000, with an initial down payment of $410,000 required to start the project; and
WHEREAS to establish the project, staff recommend renaming the existing Community Center Skylight Replacement CIP Project No. 8249 to City Facilities Energy Efficiency Improvement and use its $300,000 budget along with an additional appropriation of $73,205 from the Development Impact Fees Fund reserves, plus $2,701,795 from the General Fund reserves to fund this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby finds that pursuant to California Government Code Section 4217.10 TO 4217.18, public agencies are allowed to set and implement energy conservation policies for its facilities and may enter into energy service agreements when the anticipated cost of energy services is less than the projected cost of energy consumption without improvements.
SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process for the design, construction, and installation of energy conserving projects with SES pursuant to California Government Code Section 4217.10 TO 4217.16 and Irwindale Municipal Code Section 3.44.080 (H), based on findings that the project will result in long-term cost savings, which is in the best interest of the City.
SECTION 4. The City Council hereby authorizes the City Manager to enter into an Energy Services Agreement with SES for the design, procurement, construction, and installation of energy conserving projects in the amount not-to-exceed $3,075,000.
SECTION 5. The City Council hereby authorizes the Finance Director to amend the FY 2025-2026 adopted budget by renaming CIP Project No. 8249 from Community
Resolution No. 2026-26-3737
Center Skylight Replacement to City Facilities Energy Efficiency Improvement and using its $300,000 budget along with an additional appropriation of $73,205 from the Development Impact Fees Fund reserves, plus $2,701,795 from the General Fund reserves to fund this project.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 7. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED and ADOPTED this 22nd day of April 2026. _______________________________
H. Manuel Ortiz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-26-3737 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 22nd day of April 2026, by the following vote:
Resolution No. 2026-26-3737
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS FEBRUARY 11, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:49 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, Larry G. Burrola, Manuel R. Garcia, Mayor Pro Tem Albert F. Ambriz, Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; 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
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 28A
MINUTES OF THE MEETING HELD NOVEMBER 12, 2025
The minutes of the meeting held November 12, 2025, were approved as presented.
ITEM NO. 28B
WARRANTS / DEMANDS / PAYROLL
The warrants / demands / payroll were approved.
END OF CONSENT CALENDAR
SPONTANEOUS COMMUNICATIONS
None.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:50 p.m. ________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS FEBRUARY 11, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:50 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz
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, and Chief Deputy City Clerk AB 2449 DISCLOSURES
None.
CONSENT CALENDAR
A motion was made by Vice Chair Ambriz, seconded by Board Member Burrola, to approve the Consent Calendar. The motion was unanimously approved; Board Member Breceda recused on Item No. 32B.
ITEM NO. 32A
MINUTES OF THE MEETING HELD NOVEMBER 12, 2025
The minutes of the meeting held November 12, 2025, were approved as presented.
ITEM NO. 32B
APPROVAL OF HOUSING AUTHORITY OWNED 10-ACRE SITE FOR THE CITY OF IRWINDALE’S ANNUAL 4TH OF JULY FIREWORKS DISPLAY SPECTACTULAR EVENT Resolution No. HA 2026-01-150, entitled: “A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10-ACRE SITE ON ALLEN DRIVE, ASSESSOR PARCEL NUMBER 8417-34-912, FOR THE CITY OF IRWINDALE’S JULY 4, 2026, FIREWORKS DISPLAY SPECTACULAR EVENT,” was adopted; Board Member Breceda recusing himself.
SPONTANEOUS COMMUNICATIONS
There were no speakers.
At 7:51 p.m., the Housing Authority Board took a short recess. At this time, Board Member Breceda left the meeting since he had conflicts of interest with the remaining items on the agenda.
At 8:01 p.m., the Housing Authority Board reconvened with all members present.
NEW BUSINESS
ITEM NO. 34A
PRESENTATION ON THE FORMER DOMINGUES SITE – COG FEASIBLITY STUDY
HOUSING AUTHORITY MINUTES FEBRUARY 11, 2026
REGULAR MEETING PAGE 2
Executive Director Miranda declared a potential conflict of interest with this matter as well as with Item No. 35B and exited the Council Chambers at 8:01 p.m.
Housing Coordinator introduced the report, after which Brielle Salazar, Manager of the San Gabriel Valley Regional Housing Trust, who continued the presentation.
Board Member Garcia stated that it is perhaps premature to discuss this matter and that it may be best to wait to discuss it along with the additional property, should the Board successfully acquire it, to which Housing Coordinator Lopez stated that the intent of the report was simply to provide updated information to the Board. He also stated that, as part of the grant, staff receive additional support through EPS to continue to provide design assistance and help prepare a notice of availability for solicitation, once ready, as well as to help review the assessments from developers.
Responding to a concern from Board Member Garcia, Coordinator Lopez stated that greenery buffers could be installed between the Board’s property and the neighboring property to serve as an aesthetic barrier and to aid in sound absorption.
Vice Chair Ambriz suggested that the development design match that of the current Las Casitas building and expressed his opposition to high density housing.
In response to a question from Vice Chair Ambriz, Coordinator Lopez stated that the Board will have control over what the project looks like. Staff will return to seek further project-design guidance from the Board.
As requested by Chair Ortiz, Coordinator Lopez discussed three and two-story building options and features. Chair Ortiz then requested a copy of the PowerPoint presentation, which Assistant Executive Director Olivares stated would be provided to the Board members in their weekly update packets.
ITEM NO. 34B
UPDATE ON THE ALLEN DRIVE 10-ACRE SITE
Coordinator Lopez presented Paul Marrow with Keyser Marson, who began the presentation, followed by Diego Velasco from Citythinkers Urban Design, who provided additional details. The report was then concluded by Mr. Marrow.
Board Member Garcia expressed concern over state requirements, to which Coordinator Lopez stated that developers might be able to assist the Housing Authority Board to navigate safely through requirements such as the prevailing wage process.
Board Member Garcia stated his preference in selling the property.
Board Member Burrola opposed building townhomes and spoke on the need to seek funding for the project, to which Coordinator Lopez stated that the goal of the feasibility study was to analyze the logistics in developing housing at the site as well as to identify potential funding sources, and added that staff can work to navigate state-imposed requirements.
Vice Chair Ambriz stated that he was not in favor of selling the land.
HOUSING AUTHORITY MINUTES FEBRUARY 11, 2026
REGULAR MEETING PAGE 3
Board Member Garcia asked whether the City would retain control over who receives ownership of the new housing units, to which Coordinator Lopez stated that developers in past have been able to create specific criteria to have the opportunity to move into rental units. He cautioned against limiting opportunities from individuals and spoke on the need to comply with all applicable laws.
Chair Ortiz favored developing the project in phases and spoke on the need to include both single-family homes and town homes, though there is still much left to figure out.
Consensus was reached to receive and file the report.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 9:10 p.m. _________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary