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HomeMy WebLinkAboutAgenda Materials - September 23, 2020...... IRWINDALE ALBERT F. AMBRIZ MAYOR MARK A. BRECEDA MAYOR P RO TEM LARRYG. BURROLA COUNCILMEMBER MANUEL R. GARCIA COUNCILMEMBER H . MANUEL ORTIZ COUNCILMEMBER CITY OF IRWINDALE SOSO N. IRWINDALE AVE ., IRWINDALE CA 91706 • PHONE: (626) 430-2200 • FACSIMILE: 962-4209 AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 23, 2020 6:30 P.M. OPEN SESSION IRWINDALE CITY HALL/ COUNCIL CHAMBER REGULAR MEETING -CITY HALL COUNCIL CHAMBER (Closed to the Public) Pursuant to Executive Order N-29-20 The Governor has declared a State of Emergency to exist in California as a result of the threat of COVID-19 (aka the "Coronavirus"). The Governor also i ssued Executive Order N-25-20, which directs Californians to follow public health directives including canceling large gatherings. The Executive Order also allows local legislative bodies to hold meetings via conference calls while still meeting state transparency requirements. The public's health and well-being are the top priority for the City, and you are urged to take all appropriate health safety precautions. To facilitate this process, the meeting and opportunities to participate will also be available through the following options: Please register for Irwindale City Council Meeting at https://attendee.gotowebinar .com/rt/754790952622044686 September 23, 2020 Page 2 Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hea r public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period . Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Americans with Disabilities Act : In compliance with the ADA, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430-2200. Assisted listening devices are available at th is meeting. Ask the Chief Deputy City Clerk if you desire to us e this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities. Notification of at least 48 hours prior to the meeting or time when servi ces are needed will assist the City staff in assuring that rea so nable arrangements can be made to provide accessibility to the meeting or service. Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, SOSO N. Irwindale Avenue, during regular bus i ness hours (8 :00 a.m. to 6 :00 p .m., Monday through Thursday). Code of Ethics September 23, 2020 Page 3 As City of Irwindale Council Members, our fundamental duty is to se rve the public good . We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions . We will work for the common good of the City of Irwindale community and not for any private or personal interest. We w ill endeavor to treat all people with respect and civility . We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration . We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others . We will inform ourselve s on public issues, li sten attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business . We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government deci sions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest. We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or act ion or give the appearance of being compromised . We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives . Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of th is Code of Ethics may be used as a basis for d isci plinary action or censure of a Council Member. These things we hereby pledge to do in the interest and purposes for which our government has been established. IRWINDALE CITY COUNCIL A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION NO CLOSED SESSION OPEN SESSION-6:30 P.M. September 23, 2020 Page4 D. ROLL CALL: Councilmembers: Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Mark A . Breceda; Mayor Albert F. Ambriz E. REPORT FROM CLOSED SESSION F. CHANGES TO THE AGENDA G. COUNCIL MEMBER TRAVEL REPORTS H. ANNOUNCEMENTS I. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS K. PROCLAMATIONS/ PRESENTATIONS/ COMMENDATIONS A) Chamber of Commerce Business of the Month -Shepherd's Pantry SPONTANEOUS COMMUNICATIONS This is the time set aside for members of the audience to speak on items not on this agenda. State law prohibits any Council discussion or action on such communications unles s 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action. If a member of the audience feels he or she must proceed tonight, then each speaker will be limited to 3 minutes unless such time limits are extended. 1. CONSENT CALENDAR September 23, 2020 Page 5 The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar. A. Minutes Recommendation: Approve the following minutes: 1) Regular meeting August 26, 2020 B. Warrants/Demands/Payroll Recommendation: Approve C. Biennial Conflict of Interest Code Resolution Recommendation: Adopt Resolution No. 2020-68-3228 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2016-46-2860 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS" reading by title only and waiving further reading thereof. D. Approve a Fee Waiver for the American Red Cross Waiving City Facilities Rental Fees Recommendation: Adopt Resolution No. 2020-77-3237 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE AMERICAN RED CROSS 501 (C) (3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY RENTAL FEES" reading by title only and waiving further reading thereof. E. Resolution No. 2020-76-3236 Appointing Adrian Guerra as City Attorney and Amending the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder, LLP consistent with the Appointment Recommendation: (1) Adopt Resolution No. 2020-76-3236 entitled, 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPOINTING ADRIAN GUERRA AS CITY ATTORNEY"; and (2) approve Third Amendment to the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder LLP to reflect the appointment of Adrian Guerra to the position of City Attorney. September 23, 2020 Page 6 F. Award of Contract to provide professional design services for the Irwindale Recreation Center Improvements Project; P-1019 Recommendation: Authorize the City Manager to enter into an agreement, subject to City Attorney approval as to form, with WIN Structural Consulting Group, Inc. in the amount of $109,590.00 for professional design services for the preparation of the Plans, Specifications and Estimate (PS&E) for the Irwindale Recreation Center Improvements Project; P-1019; (2) approve a 25% contingency for design in the amount of $27,397.50 to cover additional services needed to address unforeseen site conditions during design. 2 . NEW BUSINESS At this time, members of the audience may ask to be heard regarding an item on New Business. A. Planning Commission Recommendation related to Drone Regulations (Verbal) B. Appointment of a Parks & Recreation Commissioner to fill the Unscheduled Vacancy expiring December 31, 2022 Recommendation: Adopt Resolution No. 2020-75-3235 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING A MEMBER TO THE PARKS & RECREATION COMMISSION OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY" reading by title only and waiving further reading thereof. 3 . PUBLIC HEARINGS At this time, members of the audience may ask to be heard regarding an item on Public Hearings. A. Request to Approve Site Plan and Design Review (DA) No. 03-2020 for the Development of a ±2,256 square foot Addition for Maintenance and Storage located at 5467 Ayon Avenue in the M-2 (Heavy Manufacturing) Zone [APN: 8619 -019-035] Recommendation: Adopt Resolution No. 2020-74-3234 approving Sit e Pl an and De sign Review (DA) No . 03-2020. 4. CITY ATTORNEY'S REPORT 5. CITY MANAGER'S REPORT 6. AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS 7. ADJOURN AFFIDAVIT OF PO STI NG I, Laura M . Nieto, Chie f Deputy City Cle rk, ce rtify that I cau se d the age nda for the reg u lar meet ing of the City Counci l t o b e h el d on Septe mb er 23, 2020, b e posted at t he City Hall , Library, and Post Office o n Se ptemb er 17, 2020. £awta .M . .Nida . .M.Me Lau ra M. Nieto, MMC Chief Deputy City Cl erk IRWINDALE CITY COUNCIL CHAMBERS! 5050 N. IRWINDALE AVENUE L... ---------' CC Item 1A1 AUGUST 26, 2020 WEDNESDAY 6:30 P.M. IRWINDALE, CALIFORNIA 91706 The lrwinclale CITY COUNCIL met in regular session at the above time and place. ROLL CALL: CHANGES TO THE AGENDA COUNCILMEMBER TRAVEL REPORTS ANNOUNCEMENTS COUNCILMEMBER BURROLA MAYOR AMBRIZ COUNCILMEMBER GARCIA MAYOR AMBRIZ INTERIM CITY ATTORNEY GUERRA Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Mark A. Breceda; Mayor Albert F. Ambriz Present: William Tam, City Manager; Theresa Olivares, Assistant City Manager; Adrian Guerra, Interim City Attorney; Ty Henshaw, Police Chief; Arsanious Hanna, City Engineer; Eva Carreon, Finance Director; Marilyn Simpson, Community Development Manager; Mary Hull, Human Resources Manager, Jeff Wagner, Information Technology Manager and Laura Nieto, Chief Deputy City Clerk None. None. Councilmember Burrola asked whether it is permissible for sitting Councilmembers to wear face masks with political signs on them while sitting at the Council Chambers dais, to which Interim City Attorney Guerra stated that he would research the question and provide a thorough analysis at the next Council meeting. Mayor Ambriz spoke on his attendance at a recent teleconference held by the San Gabriel Valley Council of Governments, wherein topics such as the following were discussed: 1) HR2 funding for infrastructure, and 2) assignment of housing funds and programs for homelessness. Councilmember Garcia thanked resident Janelle Tapia for commenting about illegal fireworks at a recent meeting, and suggested that staff research ways to motivate compliance by residents to avoid using them. Mayor Ambriz concurred with Councilmember Garcia, to which City Manager Tam advised that staff will work on the request and present options at a future meeting. Interim City Attorney Guerra advised that he briefly looked into Councilmember Burrola's concern regarding utilizing face masks with political signs on them while sitting at the Council Chambers Dais. He recommended, out of an abundance of caution, that Councilmember Garcia and Mayor Pro Tern Breceda remove their facemasks and replace them with others that do not contain political statements, on CITY COUNCIL MINUTES REGULAR MEETING INTRODUCTION OF NEW EMPLOYEES I AUGUST 26, 2020 PAGE2 the grounds that individuals running for office should not use city resources to advertise or campaign. PROMOTIONS None PROCLAMATIONS I PRESENTATIONS I COMMENDATIONS RECOGNITION OF RECOGNITION OF LINDA MAREZ, SENIOR RECREATION LINDA MAREZ, LEADER SENIOR RECREATION LEADER The recognition was made. NEIGHBORHOOD NEIGHBORHOOD COYOTE PROGRAM UPDATE BY SAN COYOTE PROGRAM GABRIEL VALLEY COUNCIL OF GOVERNMENTS UPDATE BY SAN GABRIEL VALLEY The presentation was made. COUNCIL OF GOVTS. IRWINDALE CHAMBER IRWINDALE CHAMBER OF COMMERCE BUSINESS OF THE OF COMMERCE MONTH-ADVANCED MICROCOMPUTING CONCEPTS BUSINESS OF THE MONTH -ADVANCED The presentation was made. MICROCOMPUTING CONCEPTS IRWINDALE CHAMBER IRWINDALE CHAMBER OF COMMERCE NONPROFIT BUSINESS OF COMMERCE OF THE MONTH -FOOTHILL UNITY CENTER NONPROFIT BUSINESS OF THE MONTH -The presentation was made. FOOTHILL UNITY CENTER SPONTANEOUS COMMUNICATIONS DENA ZEPEDA ROBERT GONZALES Dena Zepeda spoke against illegal fireworks, thanked Interim City Attorney Guerra for his counsel about political signs, requested information regarding coyote control, and stated that many of the local incidences of crime are due to homeless individuals that arrive to Irwindale from other local cities. Robert Gonzales, Mayor from the City of Azusa, spoke on ongoing homelessness issues, specifically along the riverbed, and suggested that the Mayors and staff from Azusa, Duarte, and Irwindale meet with Congresswoman Napolitano's Office and the Army Corps of Engineers to discuss solutions. CITY COUNCIL MINUTES REGULAR MEETING INTERIM CITY ATTORNEY GUERRA VERONICA LOPEZ CARMEN ROMAN SUZANNE GOMEZ MRS. WALKER DENA ZEPEDA CONSENT CALENDAR MOTION ITEM NO. 1A MINUTES AUGUST 26, 2020 PAGE3 Responding to a question by Councilmember Ortiz, Azusa Mayor Gonzales spoke on his desire to clean up the riverbed and find funding for more permanent solutions to homelessness. He spoke on ongoing issues that seem to be getting out of hand and are compromising the quality of life for residents and the homeless. Interim City Attorney Guerra clarified that the Irwindale Council is not taking any specific action on this matter since it not on the agenda. He suggested that, if it is the Council's desire, for the subject to be placed on a future agenda for full discussion and action. Veronica Lopez, with Assemblywoman Blanca Rubia's Office, congratulated the "Business of the Month" recipients, especially Foothill Unity Center. Carmen Roman requested that agenda item nos. 1 C and 1 D be removed from the Consent Calendar for separate consideration. She also asked that the Irwindale Community Foundation hold a free food giveaway in September, requested that the Recreation Department hold its "Trunk or Treat" activity in front of City Hall Suzanne Gomez spoke on the living conditions of the homeless and suggested that the City partner with local cities, churches, and politicians, to determine ways to assist them. An individual identifying herself as "Mrs. Walker" spoke on the need to provide adequate housing to homeless individuals. Dena Zepeda stated that she speaks on behalf of the homeless and that they have retained an attorney to sue whichever entity infringes on their rights. She also stated that she prevented the Azusa Police Department from conducting a homeless encampment site cleanup and threatened to organize protests in front of the Councilmembers' homes. A motion was made by Councilmember Burrola, seconded by Mayor Pro Tern Breceda, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof, with the exception of Item Nos. 1 C and 1 D, which were removed for separate consideration. The motion was unanimously approved. MINUTES The following minutes were approved: 1) Regular meeting held July 22, 2020 2) Regular meeting held August 12, 2020 CITY COUNCIL MINUTES REGULAR MEETING ITEM NO. 1B WARRANTS/ DEMANDS/ PAYROLL ITEM NO. 1E REQUEST FOR PROPOSAL(RFP)FOR CITY ATTORNEY SERVICES ITEM NO. 1F RESOLUTION IMPLEMENTING A POLICY THAT WOULD AUTHORIZE THE USE OF ELECTRONIC RECORDS AND SIGNATURES RESOLUTION NO. 2020-66-3226 ADOPTED ITEM NO. 1G BILLBOARD DONATION CITY OF HOPE'S WALK FOR HOPE 2020 RESOLUTION NO. 2020-69-3229 ADOPTED WARRANTS/DEMANDS/PAYROLL The warrants I demands I payroll were approved AUGUST 26, 2020 PAGE4 REQUEST FOR PROPOSAL (RFP) FOR CITY ATTORNEY SERVICES The suspension of the RFP process for City Attorney services was approved. RESOLUTION NO. 2020-66-3226 IMPLEMENTING A POLICY THAT WOULD AUTHORIZE THE USE OF ELECTRONIC RECORDS AND SIGNATURES Resolution No. 2020-66-3226, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING AN ELECTRONIC RECORDS AND SIGNATURE USE POLICY AND AUTHORIZING THE USE OF ELECTRONIC RECORDS AND SIGNATURES," was adopted. BILLBOARD DONATION-CITY OF HOPE'S WALK FOR HOPE 2020 Resolution No. 2020-69-3229, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE FINDING THAT THE PUBLIC PURPOSE WOULD BE SERVED BY THE DONATION TO THE CITY OF HOPE FOR THE USE OF A BILLBOARD DISPLAY IN THE CITY OF IRWINDALE AND APPROVING THE DONATION THERETO," was adopted. END OF CONSENT CALENDAR ITEM NO. 1C DECLARATION OF SURPLUS EQUIPMENT DECLARATION OF SURPLUS EQUIPMENT CHIEF HENSHAW Chief Henshaw discussed the staff report. CITY COUNCIL MINUTES REGULAR MEETING CARMEN ROMAN DENA ZEPEDA RESOLUTION NO. 2020-64-3224 ADOPTED ITEM NO. 1D APPROVAL OF IMPROVEMENT AGREEMENT BETWEEN CITY OF IRWINDALE AND CITY OF HOPE NATIONAL MEDICAL CENTER AUGUST 26, 2020 PAGES Carmen Roman questioned whether residents could place bids to purchase surplus vehicles. Dena Zepeda also asked to purchase a surplus vehicle, to which Chief Henshaw advised that, per the Municipal Code, the vehicles are sold at auction, and that interested individuals could bid on them at said auctions. Resolution No. 2020-64-3224, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE DECLARING VEHICLES AS SURPLUS AND AUTHORIZING DISPOSITION OF THE SURPLUS VEHICLES," was adopted, on the motion of Mayor Pro Tern Breceda, seconded by Councilmember Ortiz, and unanimously approved. APPROVAL OF IMPROVEMENT AGREEMENT BETWEEN CITY OF IRWINDALE AND CITY OF HOPE NATIONAL MEDICAL CENTER CITY ENGINEER HANNA City Engineer Hanna presented the staff report. CARMEN ROMAN MOTION NEW BUSINESS Carmen Roman thanked Engineer Hanna for the report. A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Breceda, to approve the Improvement Agreement between the City of Irwindale and the City of Hope National Medical Center. The motion was unanimously approved. ITEM NO. 2A AQUATICS SUMMER SEASON EXTENSION-LAP SWIM /WALK AQUATICS SUMMER SEASON EXTENSION - LAP SWIM I WALK ASSISTANT CITY Assistant City Manager Olivares presented the staff report. MANAGER OLIVARES COUNCILMEMBER Per Councilmember Ortiz's request, Assistant City Manager ORTIZ Olivares provided clarifying details regarding the extension. She advised that, since lifeguards will generally be unavailable during the usual afternoon session from 12 noon to 3 pm, this session would be eliminated. However, the morning session, from 8 am to 11 am, and CITY COUNCIL MINUTES REGULAR MEETING DENA ZEPEDA SUZANNE GOMEZ CARMEN ROMAN MOTION ITEM NO. 2B AMENDMENT NO. 1 TO DEDICATION PLAQUE AND PAVER POLICY ASSISTANT CITY MANAGER OLIVARES DENA ZEPEDA MOTION ITEM NO. 2C TEMPORARY OUTDOOR DINING PERMIT -VERBAL UPDATE CITY MANAGER TAM AUGUST 26, 2020 PAGE6 the evening session, from 4 pm to 8 pm, will be open. She also discussed the cost analysis for the extension. Dena Zepeda spoke in favor of the extension, keeping the afternoon session open, and suggested that the pool remain open until at least October 1. Suzanne Gomez commended the Council for encouraging a more active lifestyle, and commended staff for a fantastic job. Carmen Roman spoke in favor of extending the pool sessions through October. A motion was made by Mayor Pro Tern Breceda, seconded by Councilmember Ortiz, to extend the swimming pool closure date to October 2nd. The motion was unanimously approved. AMENDMENT NO. 1 TO DEDICATION PLAQUE AND PAVER POLICY Assistant City Manager Olivares presented the staff report. Dena Zepeda suggested establishing a two-month application period for interested individuals to submit for plaques and pavers. A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to approve Amendment No. 1 to the Dedication Plaque and Paver Policy. The motion was unanimously approved. TEMPORARY OUTDOOR DINING PERMIT -VERBAL UPDATE City Manager Tam presented the report. He advised that the Council has previously approved the issuance of temporary outdoor dining permits in order to support local restaurants while still following local Health Department guidance. He noted that two permits have been processed thus far. Staff continues reaching out to local businesses along with staff from the Irwindale Chamber of Commerce to encourage those business that could benefit from the provision to apply. CITY COUNCIL MINUTES REGULAR MEETING COUNCILMEMBER BURROLA COUNCILMEMBER ORTIZ DENA ZEPEDA ITEM NO. 2D CONSIDERATION OF REMOVAL OF JASON HICKMAN FROM THE AUGUST 26, 2020 PAGE? Councilmember Burrola asked whether any guidance has been provided regarding the return of indoor dining, to which City Manager Tam advised that no such guidance has been received yet. However, staff continues monitoring communications from the state and the county and will report back to the Council once guidance permits indoor dining again. Responding to several questions by Councilmember Ortiz, City Manager Tam advised that each permit specifies the hours of operation that the business can operate, and the conditions for the location. The permits that have been issued do not allow outdoor entertainment, and Code Enforcement and the Police Department will enforce this requirement. He also explained that those businesses that have liquor licenses would be allowed to sell alcoholic beverages. Dena Zepeda reported issues she has observed at a local business and requested additional code enforcement at the site, to which Mayor Ambriz advised that Code Enforcement and the Police Department will enforce city regulations at all establishments. CONSIDERATION OF REMOVAL OF JASON HICKMAN FROM THE PARKS & RECREATION COMMISSION PARKS & RECREATION COMMISSION INTERIM CITY ATTORNEY GUERRA MAYOR PRO TEM BRECEDA CHIEF DEPUTY CITY CLERK NIETO FRED BARBOSA RAUL HERNANDEZ CARMEN ROMAN DENA ZEPEDA Interim City Attorney Guerra recommended that Mayor Pro Tern Breceda recuse himself from this item if he receives rental income from Mr. Hickman. Mayor Pro Tern Breceda recused himself from this item and exited the Council Chambers. Chief Deputy City Clerk Nieto presented the staff report. Fred Barbosa reminded the Council of the oath that commissioners make when they are sworn-in. Raul Hernandez asked why Mr. Hickman is being considered for removal from the commission, and stated that his removal seems to be motivated by a personal vendetta. Carmen Roman encouraged the Council to remove Mr. Hickman from the commission. Dena Zepeda spoke on her perception of corruption in the city and thanked the Council for "stepping up." CITY COUNCIL MINUTES REGULAR MEETING INTERIM CITY ATTORNEY GUERRA RESOLUTION NO. 2020-65-3225 ADOPTED PUBLIC HEARINGS AGENDA ITEM REQUESTS BY COUNCILMEMBERS MOTION MOTION CITY ATTORNEY'S REPORT CITY MANAGER'S REPORT CITY MANAGER TAM ADJOURNMENT AUGUST 26, 2020 PAGES Interim City Attorney Guerra noted that the agenda report indicates that the removal is "for cause", and suggested that the cause be identified, to which Mayor Ambriz stated that Mr. Hickman is "unfit for public office." Resolution No. 2020-65-3225, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REMOVING JASON HICKMAN FROM THE PARKS & RECREATION COMMISSION OF THE CITY OF IRWINDALE," was adopted, on the motion of Councilmember Burrola, seconded by Councilmember Ortiz, and approved: Councilmembers Burrola and Ortiz and Mayor Ambriz in favor, Councilmember Garcia opposed, Mayor Pro Tern Breceda absent. None. A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to direct staff to prepare a report on the homelessness issues described by Azusa Mayor Robert Gonzales earlier in the meeting, for Council consideration. The motion was unanimously approved. A motion was made by Councilmember Garcia, seconded by Mayor Pro Tern Breceda, to direct staff to prepare a report with information on available grants and loans for housing rehabilitation and upgrades. The motion was unanimously approved. None. City Manager Tam presented his update. He noted that City Hall services are available via appointment, and that social distancing measures continue at all city facilities. The same applies to the city departments at the annex building. Staff continues monitoring state and local updates relating to COVID-19, and he indicated that staff will likely present a report at the next Council meeting recommending approval of an extension of the declaration of a local emergency. There being no further business to conduct, the meeting was adjourned at 8:49 p.m. Laura M. Nieto, MMC Chief Deputy City Clerk Electronic Payments September 2020 September I -15, 2020 Reference Number Vendor Name ACH CalPERS-Medical ACH CalPERS ACH CalPERS AC H Nationwide-457 Plan & Trust ACH Nationwide-Roth Cotribution-457 Plan & Trust ACH PARS-Public Agency Retirement Services ACH ICMA ACH PARS-FT ACH PARS-PT CC Item 1B Date Amount 9/1/2020 235,601.67 9/2/2020 69,222.15 9/15/2020 94.87 9/10/2020 13,013.99 9 /10/2020 2,597.00 9 /9/2020 5,120.00 9/10/2020 1,3 10.39 9 /10/2020 16 ,946.42 9/10/2020 1,477.98 Report Total: 345,384.47 Accounts Payable Ch eck s by Dat e -Summary by Ch eck N umber User: imarin Printed: 9/17/2020 4 :10 PM C h eck No Vendor N o Ve ndor Name C h eck D a t e Ch ec k Am ount 72279 AMERIFID American Fidelity Assurance 09/03/2020 5,101.36 72280 AZUSALW Azusa L ight & Water 09/03/2020 653.05 72281 CHART EOl Charter Communications 09/03/2020 82.25 72282 GASCOM Gas Company, The 09/03 /2020 563 .70 72283 SOUTHE17 Golden State Water Company 09/03/2020 2,951.03 72284 LIEBERT Liebert Cassidy Whitmore 09/03 /2020 5,126.00 72285 SMART& Smart & Final 09/03 /2020 50 .02 72286 SCE02 Southern California Edison 09/03/2020 27,357 .6 1 72287 VALLEYOl Valley County Water District 09/03 /2020 11,041.81 72288 BAKERO l Baker & Taylor Books 09/10/2020 140.24 72289 ClTYOF23 City Of West Covina 09/10/2 020 1,650.00 72290 FRAIJ002 John Fraijo 09/10/2020 1,947.00 7229 1 JU STIRE Just Tires 09/10/2020 404.95 72292 OLIVAROl Theresa Olivares 09/10/2020 1,947.00 72293 AMER1C34 Americ an Fide lity Assurance Co 09110/2020 2,293.68 72294 ARE AD Area "D" 09/10/2020 900.00 72295 ARlASO l M ich ael A rias 09/10/2020 44 .77 72296 AT&T06 AT&T 09/10/2020 1,674 .4 6 72297 BANKOF03 Bank of The West 09/10/2020 3,429 .18 72298 CALIF002 California American Water 09/10/2020 1,822.42 72299 CHARTEOl Charter Communications 09/10/2020 273.01 72300 COSTC00 2 Costco Wholesale 09/10/2020 131.82 72301 CPOA CPOA 09/10/2020 500.00 72302 FRAIJ002 John Fraijo 09/10/2020 1,947.00 72303 FRONTOl Frontier Communications 09/10/2020 271.76 72304 HANNAOl Arsani ous Hanna 09/10/2020 2,033.45 72305 JO EA GO Joe A. Gonsalves & Son 09/10/2020 4,750.00 72306 OLIVAROl Theresa Olivares 09/10/2020 1,947.00 72307 OPTUMOl OptumRx, Inc. 09/10/2020 40,10 1.07 72308 SCE02 Sou thern California Edison 09/10/2020 16,951.0 1 72309 VALLEYOl Va ll ey County Water District 09/10/2020 180.23 72310 VALLEY09 Va ll ey View Mutual Water Co. 09/10/2020 72 .53 723 11 VISIONO l Vision Service Plan -(CA) 09/10/2020 2,517.24 72312 CALIF056 California State Disbursement Unit 09/10/2020 604 .15 72313 LOSANG3 1 Los Angeles County Sheriff's Dept. 09/10/2020 5.92 Report Total (35 checks): 14 1,466.72 AP Checks by Date-Summary by Check Number (9/17/2020 4:10 PM) Page I Accounts Pay able C hecks by D ate -Summary by Ch eck N umb er User: imarin Printed: 9/17/2020 4:10 PM IRWINDALE C h eck No Ve nd or No Vendor Na m e C h eck Date C he ck A mount 72316 AMAZON Amazon 09/17/2020 1,898.02 723 17 BARROO l Ja mes Barros 09/17/2 020 350.00 723 18 CAMPOS05 Rudy Campos 09/17/2020 127.70 72319 DELONG Delong Unlimited 09/17/2020 7 16.63 72320 FRONTO l Frontier Communications 09/17/2020 345.50 72321 KTCUSTOl KT Custom Throws 09/17/2020 380.00 72322 LEGAL03 Lega l Shield 09/17/2020 71.80 72323 LIEBERT Liebert Cassidy Whitmore 09/17/2020 270 .00 72324 SCE02 Southern California Edison 09/17/2020 166.30 72325 TEXASOl Texas Life Insurance Co. 09/17/2020 1,963.45 72326 verizonw Verizon Wireless 09/17/2020 3,102 .2 6 72327 LARA06 Joseph Lara 09/17/2020 136.00 72328 SEPULV02 G u illem10 H . Sepulvada 09/17/2020 200.00 72329 ALLO l A ll American Asp ha lt 09/23/2020 48,500.01 72330 COUNTY04 County of Los Angeles 09/23/2020 6,263 .94 7233 1 ELI TEE E lite Eleva to r, Inc. 09/23/2020 185.00 72332 HDLCOR HdL Coren & Cone 09/23/2020 40.63 72333 VITALO ! Vital Medical Services, LLC 09/23/2020 19,500.00 72334 ALESHIRE Aleshire & Wynder, LLP 09/23/2020 57 ,144.10 72335 BALLOO Balloons 'N' More 09/23/2020 15.00 72336 BARNEY Barney's Locksmith Service 09/23/2020 43.84 72337 BATEO l Bateman Community Living, LLC 09/23/2020 3,743.25 72338 BEARFR Bear Fram & Wheel #3 09/23/2020 4 ,576.41 72339 BLACKA B lack & White Emergency Vehicles 09/23/2020 530.00 72340 CAR QUEST Carquest 09/23/2020 51.47 72341 CEMOl CEM Construction Corporation 09/23/2020 16,097.66 72342 CHRISNO l Chris Nelson & Associates, Inc. 09/23/2020 1,380.00 72343 CINTAS Cintas Corporation #693 09/23/2020 121.42 72344 CODUTO Donald P . Coduto 09/23/2020 3 ,75 7.50 72345 LOSANG33 County of Los Angeles 09/23/2020 19,59 1.7 0 72346 CPOA CPOA 09/23/2020 500.00 72347 CPRSCA CPRS Park & Recreation 09/23/2020 165 .00 72348 ECCONS E C Construction Co. 09/23/2020 26,965 .00 72349 ECOLABO l ECOLAB 09/23/2020 48 .2 7 72350 ECORPOl ECORP Consulting, Inc. 09/23 /2020 6 ,527 .50 7235 1 ELITEE E lite Elevator, Inc. 09/23/2020 350.00 72352 EXHIBIOl Exhibitree Inc. 09/23/2020 904.05 72353 FED EX FedEx 09/23 /2020 24.02 72354 GARVEY Garvey Equipment Co 09/23/2020 2 63.37 72355 GEO LOG Geo logic Associates 09/23 /2020 13,589.00 72356 HASAOl Hasa In c. 09/23/2020 1,074.15 72357 HDLCOR HdL Coren & Cone 09/23/2020 745.00 72358 HDLOl Hdl Software, LLC 09/23 /2020 33.26 72359 HILLYAO l Hillyard/Los Angeles 09/23/2020 445.64 72360 HINDER H in derliter, De Llamas & Assoc 09/23/2020 4 ,916.55 72361 HOSEMA Hose-Man, T he 09/23/2020 27 3.46 72362 JUSTIRE Just Tires 09/23/2020 179.37 AP Checks by Date -Summ ary by Ch eck Number (9/17/2020 4: 10 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount 72363 MCMILLAN Kent McMillian 09/23/2020 2,700.00 72364 COO RYE Samir M . Khoury 09/23/2020 500.00 72365 KJSERVO I KJ Services Enviromental Consulting LLC 09/23/2020 340.00 72366 LAND SC Landscape Warehouse Inc. 09123/2020 5 19.44 72367 LEXI SN LexisNexis Risk Solutions 09/23/2020 151.50 72368 CALIBEOI Lawrence E. Marino 09/23/2020 2,350.55 72369 MARI PO Mariposa Landscapes, Inc. 09/23/2020 8,796 .00 72370 MDMOl MDM Construction Inc. 09/23/2020 10,500.00 72371 MIJACA Mijac Alarm, Inc. 09/23/2020 666.00 72372 MONROV07 Monrovia Chrysler Dodge Jeep Ram 09/23/2020 2,659.47 72373 NATION25 National Auto Fleet Group 09/23/2020 54,632.32 72374 OFFICE03 Office Depot 09/23/2020 593.13 72375 POWERMOI Power Muffler & Brakes Inc. 09/23/2020 1,467.00 72376 PRO PRINT Pro Printing, Inc. 09/23/2020 145.53 72377 REDIREO I Redi-Relief First Aid & Safety, Inc 09/23/2020 645.0 1 72378 RICOHOI Ricoh USA, Inc 09/23/2020 1,631.42 72379 SCFUELS SC Fuels 09/23/2020 4,531.47 72380 SERNOI Sema's Relocation Systems, Inc . 09/23/2020 3,080.00 72381 SIERRAOI Sierra Chevrolet 09/23/2020 696.22 72382 SANGABll Southern California News Group 09/23/2020 69 8.00 72383 NORTHR The Northridge Group, Inc . 09/23/2020 5,236.24 72384 TRIANGOI Triangle Truck Parts 0912312020 28.72 72385 TUMBLEO I Tumbleweed Press Inc. 09/23/2020 1,278.40 72386 USBANK03 US Bank Trust N.A. 09/23/2020 3,200.00 72387 VITALO! Vital Medical Services, LLC 09/23/2020 4,500.00 72388 WESTC005 West Coast Arborists, Inc. 09/23/2020 3,330.00 Report Total (73 checks): 363, 149.65 AP Ch ecks by Date -Summary by Ch eck Numb er (9/17/2020 4: 10 PM) Page 2 City of CC Item 1C 12<:1 City Council O Successor Agency D Housing Authority IR VVIND N-+-'1!1-------- 0 Reclamation Authority O Joint Powers Authority Date : September 23 , 2020 AGENDA REPORT To: Honorable Mayor and Members of the City Council From: William K. Tam , City Manager Issue : Biennial Conflict of Interest Update City Manager's Recommendation: Adopt Resolution No. 2020-68-3228 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO . 2016 -46- 2860 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS" reading by title only and waiving further reading thereof. Administrative Action: Prepared I Submitted by: Laura Nieto, Chief Deputy City Clerk (626) 430-2202 Reviewed by: Adrian Guerra, City Attorney Eva Carreon , Finance Director I City Treasurer Approved by: William K. Tam, City Manager Background and Analysis: Electronically Approved The Political Reform Act (Government Code Section 81000, et seq.) requires public agencies in California to adopt a Conflict of Interest code. This code designates positions required to file Statements of Economic Interests (Fair Political Practices Commission Page 1 "FPPC" Form 700), and assigns disclosure categories specifying the types of interests to be reported. Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests held by certain employees, consultants, and members of boards and commissions which may create conflicts of interest if these persons are likely to be involved in decision-making that could affect their own financial interests . Each local agency code must contain the following: 1. Terms of the Code The terms of the code comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures, etc . The FPPC recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is complex, and Regulation 18730 contains all of these provisions . Staff has adhered to this recommendation and has included the most recently adopted version of Regulation 18730 as Appendix A to the proposed Resolution . 2. Designated Positions The code must specifically list positions that make or participate in making decisions. Typ ically, positions that involve voting on matters , negotiating contracts , o r making recommendations on purchases without substantive review must be included in codes. Note : positions listed in Government Code Section 87200 (i.e. Members of the City Council, Members of the Planning Commission , City Manager, City Attorney, City Treasurer, etc.) are not required to be included, as these positions are required to file Form 700 pursuant to Government Code 87200. The City's Executive Team has reviewed the list of designated employees and the following updates have been provided . Updates have been made in accordance with the 2017 Compensation and Classification Study, unless otherwise indicated. Position Disclosure Add I Replace With Note Categories Remove I Update Assistant City 2 Add Resolution 2020- Engineer* 52-3162 , adopted June 24 , 2020 Assistant Enqineer 2 Add Associate Enqineer* 2 Add Chief Deputy City 2 Add Clerk City Clerk 2 Remove City Manager is appointed as City Clerk by resolution Civil Engineering 2 Remove Assistant Civil Engineering 2 Remove Associate Communication and 2 Remove Records Coordinator Pag e2 Economic 2 Add Resolution No. Development 2018-14-3008 , Coordinator adopted March 19, 2018 Engineering and 2 Update Construction Mining Manager Compliance Manager Finance Analyst 11 2 Update Senior Finance Analyst* Human Resources 2 Update Human Manager Resources I Risk Manager Information 2 Add Resolution No. Technology Manager 2018-55-3049 adopted July 11 , 2018 Senior Center 2 Remove Senior Center Coordinator Manager Senior Code 2 Add Enforcement Officer Senior Human 2 Add Resources I Risk Management Analyst Senior Management 2 Add Analyst* City Engineer I 1,2 Add Resolution No. Building Official 2018-14-3008, adopted March 19, 2018 Director of Public 1,2 Remove Works I City Engineer Finance Director 1,2 Update Finance Finance Director is Director I City appointed as City Treasurer Treasurer by resolution Housing Coordinator 1,2 Update Assistant to the City Manager* Principal Planner 1,2 Update Community Resolution No. Development 2018-14-3008, Manager I City adopted March 19, Planner 2018 Public Works 1,2 Update Project Inspector Manager - Construction Compliance Page 3 Public Works 1,2 Add Resolution No . Services Manager 2018-14-3008 , adopted March 19 , 2018 *Currently frozen I unfunded It is now appropriate for the Conflict of Interest to be updated, incorporating the changes noted in the table above . Fiscal Impact: There is no fiscal impact associated with the adoption of the proposed resolution . Attachments: Proposed Resolution No. 2020 -68-3228 Resolution No. 2016-46-2860 Page4 RESOLUTION NO. 2020-68-3228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2016-46-2860 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS A. Recitals . (i) The Political Reform Act of 1974, California Government Code §§81000 et seq. has in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest codes adopted and promulgated pursuant to its provisions. (i i) The Fair Pol itical Practices Commission has adopted a regulation , Division 6 of Title 2, California Code of Regulations, §18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference , and which will be amended to conform to amendments in the Political Reform Act after requisite public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code §§11370, et seq. (iii) Incorporation by reference of the terms of the aforementioned regulation and amendments to it in this City's Conflict of Interest Code will save this Council time and expenditure of public funds by minimizing the actions required of this Council to maintain conformity with the Political Reform Act. (iv) Pursuant to the provisions of California Government Code §87311 , officers, employees , members of the public, consultants , and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views. B. Resolut ion. NOW, THEREFORE, the City Council of the City of Irwindal e, does hereby find , determine and resolve as follows: 1. The above recitals, Part A of this Resolution, are true and correct. 2. The Conflict of Interest Code adopted by this City Council on August 10 , 2016 by Resolution No . 2016-46 -2860 , is hereby repealed in its entirety. 3. The terms of Division 6 of Title 2, California Code of Regulations §18730 (a copy of which is attached as Appendix A) and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix A in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by refere nce and cons titute the Conflict of Interest Code for the staff of the City of Irwindale. Resolution No. 2020f6fge 22S 4 . Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code as set forth in Cal. Code of Regs. §18730b(4) and (5). 5 . The Chief Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this __ day of __ , 2020. ATTEST: Laura M. Nieto , MMC Chief Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } Albert F. Ambriz, Mayor I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2020-68-3228 was passed , approved , and adopted at a regular meeting of the City Council of the City of Irwindale held on the day of ____ , 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT : Councilmembers: ABSTAINED: Councilmembers: Laura M. Nieto , MMC Chief Deputy City Clerk Page 2 1 APPENDIX A (Regulations of the Fair P olitical Practi ces Commission, Title 2, Division 6, California Code of Regulations .) § 18730. Provis ion s of Conflict of Interest Codes. (a) Incorporation by reference of t he terms of this regul ation along w it h th e desi gnation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 ifthe terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a m anner substanti ally equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 8 1000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohi bition against confli cts of interest cont ained i n Section 87100, and to other state or local laws pertaining to confli cts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as fo ll ows: (1) Section 1. Definit ions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. Resolution No. 2020Raga~S The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the. same for both agencies. l Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been detennined that the economic interests set forth in a designated employee1s disclosure categories Page 4 1 are the kinds of economic interests which h e or sh e foreseeably can affect mater iall y through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Inter~sts: Time of Filing. (A) Initial Statements. All designated employees empl oyed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it i s designated by an amendment to this code shall file an initial st atement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the desi gnated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1 . If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the fi ling officer verification of his or her military status. Resolution No. 2020~a22~ (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an a ssuming or leaving office statement. (A) Any person who resigns a positi on within 30 days of the date of a notice from the filing officer shall do both of the following : (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of pe1jury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Page 6 1 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real prope1ty, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement fi l ed by the member pursuant to Regulation 18 754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period b etween the closing date of the l ast statement filed and the date of l eaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the followi ng information: (A) Investment and Real Prope1ty Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: I . A statement of the nature of the investment or interest; Resolution No. 2020f6ibe2!2S 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Dis closure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; Page 8 1 2. The name of every person from whom the business entity received payments ifthe filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in whi ch he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated empl oyee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or di sposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated emplo yee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This sectio n shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. (D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8 .1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. Resolution No . 2020f6:iaa2£S (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any pa1t-time member of the governing board of any public institution of higher education, unless the member i s also an elected official. (C) Subdivisions ( e ), (f), and (g) of Section 89503 shall apply to the prohibitions in thi s section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions ( c ), ( d), ( e ), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected Page 10 1 officer has b een e lected or over wh ich that e lected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the l ender's regular course of business on terms available to members of the public w ithout regard to the e lected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions ( c ), ( d), ( e ), (f), and (g) of Section 4 of Article VII of the Constitution shall, w hile h e or she holds office, r eceive a personal lo an from any person who h as a contract w ith the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other fi nanci al in stitutions or to any inde btedness created as part of a ret ail installment or credit card transaction, if the loan i s made or the indebtedness created in the lender's regul ar course of business on terms available to members of the public without regard to t h e el ected officer's official status. This subdiv i s ion shall not apply to l oans made to a public official whose duties are sol ely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elect ed officer or candidat e for e lective office. 2 . Loans made by a public official 's spou se, child, parent, grandparent, grandchil d, brothe r , si ster, parent-in-law, brother-in-law, s ister-in-l aw, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such p ersons, provided that th e person making the loan i s not acting as an agent or i ntermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. Reso lutio n No . 202&-S§e3QQIJ 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types ofloans: 1. Loans made to the campaign committee of the el ected officer. 2 . Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a g ift to the designated employee for the purposes of this section in the following circumstances: Page 12 1 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the l oan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the l oan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types ofloans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2 . A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivi si on (A), but on which the creditor has taken reasonabl e action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Resolution No. 202&fige~~ (9) Section 9. Disqualification. No designated employee shall make, parti cipate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regul ar course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months pri or to the time when the decision is made; (D) Any busine s~ entity in which the designated employee is a director, officer, paiiner, trnstee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated empl oyee within 12 months prior to the time when the decision is made. (9.3) Section 9 .3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The Page 14 1 fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9 .5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decisi on directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on te1ms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee dete1mines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the dete1mination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any d esignated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. Resolution No . 202£1ifge3'22$ This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reporta~le interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. Page 16 1 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compli ance included. 2. Editorial correction (Register 80, No. 29). 3 . Amendment of subsection (b) fi l ed 1-9-8 1; effective thiliieth day thereafter (Regi ster 81, No. 2). 4. Amendment of subsection (b )(7)(B) 1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b )(7)(A) fi l ed 11 -10-83; effective thirtieth day thereafter (Regi ster 83, No. 46). 6. Amendment filed 4 -13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) fi led 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b )(8)(A) and (b )(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42). Reso lu tion No . 202£1-@3272$ 9. Amendment of s ubsections (b)(3), (b)(8) and renumbering of following subsections and amendment ofNote filed 8-7-92; operative 9 -7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regul atory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regu lations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-2 1-93. 12. Change without regulatory effect redesignating Conflict of Inter est Code for California Mental Health Planning Council as chapter 62 , section 5 5 100 fil ed 1-4 -94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding Histor y 11 and 12 and deleting duplicate section number (Reg ister 94, No. 17). 14. Amendment of subsection (b )(8), design ation of subsection (b )(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8 . l )-(b)(8. l)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadve1iently omitted langu age in foo tnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.l )(A), repealer of subsection(b)(8 .l)(B), and amendment of subsection (b )(12) fi led 10-23-96; operative 10-23-96 pursuant to Government Code secti on 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4 -9 -97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). Page 18 1 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98 , No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8. l), (b)(8. l)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.l)-(b)(8.l)(A) and (b )(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 197 4 versi on of Government Code section 113 80 .2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(lO) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27 , 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001 , No . 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)l.-2 ., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27 , 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.l)-(b)(8.l)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, Californi a Court of Appeal , Third Appellate District, Resolution No. 202EJ>~3WS nonpublished decision, April 27, 1992 (FPPC regul ations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial conection of History 24 (Regi ster 2003 , No. 12). 26. Editorial conection removing extraneous phrase in subsection (b )(9 .5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.l)(A), (b)(9)(E) and (b)(l 1)-(12) filed 1-4 -2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Regi ster 2005, No . 1). 28. Amendment of subsection (b )(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005 , No. 4 1). 29. Amendment of subsections (a), (b)(l), (b)(3), (b)(8.l), (b)(8.l)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Regi ster 2006, No . 51). 30. Amendment of subsections (b)(8.l)-(b)(8.l)(A) and (b)(9)(E) filed 10-31-2008; operative 11 - 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpubl ished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section fi l ed 11 -15 -2010; operative 12 -15 -2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Page 20 1 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No . 47). 32. Amendment of section heading and subsections (a)-(b)(l), (b)(3)-(4), (b)(5)(C), (b)(8.l )- (b)(8 .l )(A) and (b)(9)(E) and amendment of footnote 1filed1 -8-2013; operative 2 -7-2013. Submitted to OAL for fi ling pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, Californi a Court of Appeal , Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2). 33. Amendment of subsections (b)(8.1)-(b)(8.l)(A), (b)(8.2)(E)3 . and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(l)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal , Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51). 34 . Redesignation of portions of subsection (b )(8)(A) as new subsections (b )(8)(B)-(D), amendment of subsections (b )(8.1 )-(b )(8.1 )(A), redesignation of portions of subsection (b)(8.l)(A) as new subsections (b)(8. l)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2 , section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, Resolution No. 202El'il§e3'22$ April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49). 35. Amendment of subsections (b)(8.l)-(b)(8.l)(A) and (b)(9)(E) fil ed 12-12-2018; operative 1-11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924 , California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50). Resolution No. 2020-68-3228 Page 22 Designated Employees Assistant City Engineer Assistant Engineer Assistant to the City Manager Associate Engineer Associate Planner Chief Deputy City Clerk City Librarian APPENDIX B Code Enforcement Officer Construction Compliance Manager Deputy City Clerk Economic Development Coordinator Ex ecutive Assistant Finance Manager Human Resources I Risk Manager Information Technology Manager Maintenance Lead Worker Management Analyst Police Captain Police Lieutenant Project Manager -Mining Public Works Maintenance Supervisor Recreation Manager Recreation Supervisor Sen ior Center Manager Senior Code Enforcement Officer Senior Finance Analyst Senior Human Resources I Risk Manager Senior Management Analyst Assistant City Attorney Assistant City Manager City Engineer I Building Official Community Development Manager I City Planner Director of Community Development Finance Director I City Treasurer Police Chief Project Manager -Construction Compliance Public Works Services Manager Senior Planner Disclosure Categories 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 , 2 1 , 2 1 , 2 1 , 2 1 , 2 1 , 2 1 , 2 1 , 2 1 , 2 1, 2 Resolution No. 2020-68-3228 Page 23 NOTE: City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code§ 87200 et seq.), not this Code. With respect to consultants, the City Manager shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements. A copy of this determination shall be filed with the Chief Deputy City Clerk and a copy forwarded to the City Council. Category 1 Persons in this category shall disclose al l interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdi ction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly, or beneficially, a ten percent or greater interest, the person sha ll disclose his or her pro rata share of t he income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph . Resolution No. 2020-68-3228 Page 24 RESOLUTION NO. 2020-68-3228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2016-46 -2860 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS A. Recitals . (i) The Political Reform Act of 197 4 , California Government Code §§81000 et seq . has in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest codes adopted and promulgated pursuant to its provisions. (ii) The Fair Political Practices Commission has adopted a regulation, Division 6 of Title 2 , California Code of Regulations , §18730, which contains the terms of a standard model Conflict of Interest Code , which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after requisite public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code §§11370, et seq. (iii) Incorporation by reference of the terms of the aforementioned regulation and amendments to it in this City's Conflict of Interest Code will save this Council time and expenditure of public funds by minimizing the actions required of this Council to maintain conformity with the Political Reform Act. (iv) Pursuant to the provisions of California Government Code §87311, officers, employees, members of the public, consultants, and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views . B. Resolution . NOW, THEREFORE , the City Council of the City of Irwindale, does hereby find, determine and resolve as follows : 1. The above recitals , Part A of this Resolution , are true and correct. 2. The Conflict of Interest Code adopted by this City Council on August 10, 2016 by Resolution No. 2016-46-2860, is hereby repealed in its entirety. 3. The terms of Division 6 of Title 2, California Code of Regulations §18730 (a copy of which is attached as Appendix A) and any amendments to it duly adopted by the Fair Political Practices Commission , along with the attached Appendix A in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the staff of the City of Irwindale. Res oluti o n No. 2020 ~e 2e $ 4 . Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code as set forth in Cal. Code of Regs. §18730b(4) and (5). 5. The Chief Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this __ day of __ , 2020 . ATTEST: Laura M. Nieto , MMC Chief Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } Albert F. Ambriz, Mayor I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale , do hereby certify that the foregoing Resolution No. 2020-68-3228 was passed, approved, and adopted at a regular meeting of the City Council of the City of Irwindale held on the day of ____ , 2020, by the following vote : AYES : Councilmembers: NOES : Councilmembers: ABSENT: Councilmembers: ABSTAINED: Councilmembers: Laura M. Nieto, MMC Chief Deputy City Clerk Pag e 2 1 APPENDIX A (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations .) § 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Sect ion 873 06 if the terms of this regul ation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportabl e items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibiti on against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to thi s regulation are as fo ll ows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 181 10 , et seq.), and any amendments to the Act or regulations, ar e incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. Resolution No. 2020Rage~~ The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Di sclosure Categories. This code does not establish any disclosure obligation for those designated empl oyees who are also specified in Section 87200 if they are designated in this code in that s ame capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are design ated in a conflict of interest code for another agency, if all of the following apply : (A) The geographi cal jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Refo1m Act, Section 87200; and (C) The filing officer is the same for both agencies. I Such per son s are covered by this code for disqual ification purposes only. With respect to all other designated empl oyees, the disclosure categories set forth in the Appendix specify which kinds of economi c interests are reportable. Such a designated employee shall disclose in his or her statement of econ omic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories Page 4 1 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status. Resolution No. 2020Rage252~ (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any foim of payment by virtue of being appointed to the position. ( 6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Page 6 1 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose repo1table investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement fi l ed and the date of l eaving office. (7) Section 7 . Manner ofRep01ting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; Resolution No . 2020reige272S 2 . The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosme. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each somce of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each somce, or in the case of a loan, the highest amount owed to each somce, was $1 ,000 or less, greater than $1,000, greater than $10, 000, or greater than $100, 000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any inte1mediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the secmity, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; Page 8 1 2. The name of every person from whom the business entity received payments ifthe filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Dispo sal During Reporting Period. In the case of an annual or l eaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, ifthe member or employee would be required to report the receipt of income or gifts from that source on his or her statem ent of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. (D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. Resolution No. 2020reliJe2£~ (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Secti on 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the el ected officer's agency h as direction and control. (B) No public official who is exempt from the state civil servi ce system pursuant to subdivisions ( c ), ( d), ( e ), (f), and (g) of Section 4 of Aliicle VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdiv i si on shall not appl y to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that .he or she vacates office, receive a personal loan from any person who has a contract with the state or l ocal government agency to whi ch that elected Page 10 1 officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions ( c ), ( d), ( e ), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness cr eated as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. Resolution No. 202eifge3f2e1J 4. Loans made, or offered in writing, before January 1, 1998. (8 .3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or h er el ection to office through the date h e or she vacates office, receive a personal loan of $500 or more, excep t when the loan is in writing and clearly states the te1ms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types ofloans: 1. Loans made to the campaign committee of the elected officer. 2 . Loans made to the el ected officer by his or her spou se, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4 . Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: Page 12 1 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types ofloans: I. A loan made to the campaign committee of an elected officer or a candidate for elective office . 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set fo1ih under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the deci sion fo r not taking collection action was based on reasonable business considerations. 5 . A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Resolution No. 202£Mge312QS (9) Section 9. Disqualification. No designated employee shall make, paiiicipate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or h as reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regai·d to official status, aggregating $500 or more in value provided to, received by or promised to the designated emp loyee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated emplo yee is a director, officer, partner, trustee, empl oyee, or holds any po sition of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time wh en the decision is made. (9.3) Section 9.3. Legally Required Paiiicipation. No des i gnated employee shall b e prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the deci sion to be made. The Page 14 1 fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on te1ms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. Resolution No. 2029'i!ige3t22$ This code has the force and effect of law. Designated employees violating any provision ofthis code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a deci sion in relation to which a violation of the di squalification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement fi l ed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real prope1ty of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. Page 16 1 5 A desi gnated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the fil er. Note: Authority cited: Section 83112, Government Code. Reference : Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon fi ling (Register 80, No. 14). Ce1iificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-8 1; effective thirtieth day thereafter (Regi ster 81 , No. 2). 4. Amendment of subsection (b )(7)(B) 1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b )(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment fi led 4-13-87; operative 5-13-87 (Regi ster 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b )(8)(A) and (b )(8)(B) and numerous editorial changes fi l ed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42). Resolutio n No. 202fMye302~ 9. Amendment of sub sections (b )(3), (b )(8) and renumbering of following subsections and amendment ofNote filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b )(5.5) and new subsections (b )(5 .5)(A)-(A)(2) filed 2-4-93; operative 2-4 -93 (Regi ster 93, No. 6). 11. Change without regulatory effect adopting Conflict of Inter est Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulati ons (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for Cal ifornia Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, secti on 100 , California Code of Regulations (Register 94, No. 1). 13. Editorial conecti on adding History 1 1 and12 and de leting duplicate section number (Regi ster 94, No. 17). 14. Amendment of subsection (b )(8), designation of subsection (b )(8)(A), new subsection (b)(8)(B), and amendment of sub sections (b)(8.l)-(b)(8.l)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Goverrunent Code section l 1343.4(d) (Register 95, No . 1 1). 15. Editorial conection inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b )(8)(A)-(B) and (b )(8.1 )(A), repealer of subsecti on (b )(8.1 )(B), and amendment of subsection (b )(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code secti on 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8. l) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). Page 18 1 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editori al conection of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8. l)(A) and (b)(9)(E) filed 5-11 -99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8 . l)-(b)(8. l)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 197 4 version of Government Code section 113 80 .2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(lO) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27 , 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 2 3 . Amendment of subsections (b)(7)(A)4., (b)(7)(B)l.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001 , No. 7). 24. Amendment of subsections (b)(8.l)-(b)(8.l)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing purs uant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, Resolution No . 202 £P.3W$ nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaki ng requirements) (Register 2003, No. 3). 25. Editorial correction of History 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b )(9 .5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.l)-(b)(8.l )(A), (b)(9)(E) and (b)(l 1)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b )(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(l), (b)(3), (b)(8.l), (b)(8.l)(A) and (b)(9)(E) filed 12-18 - 2006 ; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpubli shed deci sion, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, N o. 51). 30. Amendment of subsections (b)(8.l)-(b)(8.l)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or sub stantive review by OAL) (Register 2008, No . 44). 31. Amendment of section heading and section filed 11 -15-20 10; operative 12-15 -2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Page 20 1 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublish ed decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). 32. Amendment of section heading and subsections (a)-(b)(l), (b)(3)-(4), (b)(5)(C), (b)(8.l)- (b)(8 .l)(A) and (b)(9)(E) and amendment of footnote 1filed1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of App eal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act ru lemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2). 33. Amendment of subsections (b)(8.l)-(b)(8.l)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 183 12( e )(1 )(A), titl e 2, Cal ifornia Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Comt of Appeal , Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regul ati ons only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51). 34. Redesignation of portions of subsection (b )(8)(A) as new subsections (b )(8)(B)-(D), amendment of subsections (b )(8 .1 )-(b )(8 .1 )(A), redesignation of po1tions of subsection (b)(8.l)(A) as new subsections (b)(8.l)(B)-(C) an d amendment of subsecti on (b)(9)(E) fi l ed 12 - 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, Resolution No. 2029'~3'2e1& April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requir ements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49). 35. Amendment of subsections (b)(8.l)-(b)(8.l)(A) and (b)(9)(E) filed 12-12-2018; operative 1-11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or s ubstantive review by OAL) (Register 2018, No. 50). Reso lution No. 2020-68-3228 Page 22 Designated Employees Assistant City Engineer Assistant Engineer Assistant to the City Manager Associate Engineer Associate Planner Chief Deputy City Clerk City Librarian APPENDIX B Code Enforcement Officer Construction Compliance Manager Deputy City Clerk Economic Development Coordinator Executive Assistant Finance Manager Human Resources I Risk Manager Information Technology Manager Maintenance Lead Worker Management Analyst Police Captain Police Lieutenant Project Manager -Mining Public Works Mainte nan ce Supervisor Recreation Manager Recreation Supervisor Senior Center Manag e r Senior Code Enforcement Officer Senior Finance Analyst Senior Human Resources I Risk Manager Senior Management Analyst Assistant City Attorney Assistant City Manager City Engineer I Building Official Community Development Manager I City Planner Director of Community Deve lopment Finan ce Director I City Treasurer Police Chief Project Manager -Construction Compliance Public Works Services Manager Senior Planner Disclosure Categories 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1 , 2 Resolution No. 2 020-68-3228 Page 23 NOTE: City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (Ca lifornia Government Code§ 87200 et seq.), not this Code. With respect to consultants , the City Manager shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements. A copy of this determination shall be filed wit h the Chief Deputy City Clerk and a copy forwarded to the City Council. Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or wi th in two miles of any land owned or us ed by the City. Category 2 Persons in this category shall disclose al l income from and investments in businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business e ntity in which the person or his or he r spouse owns, directly, indirectly , or beneficially , a ten percent or greater interest , the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph . Resolution No . 2020-68-3228 Page 24 RESOLUTION NO. 2016-46-2860 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE . REPEALING RESOLUTION NO. 2008-63-2335 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL A. Recitals. (i) The Po litical Reform Act of 197 4, California Government Code §§81000 et seq. has in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest codes adopted and promulgated pursuant to its provisions. (ii) The Fair Political Practices Commission has adopted a regulation, Division 6 of Title 2, California Code of Regulations, §18730, which contains the terms of a standard model Conflict of Interest Code , which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after requisite public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code §§11370 , et se q. (iii), Incorporation by reference of the terms of the aforementioned regulation and amendments to it in this City's Conflict of Interest Code will save this Council time and expenditure of public funds by minimizing the actions required of this Council to maintain conformity with the Political Reform Act. (iv) Pursuant to the provisions of California Government Code §87311, officers, employees, members of the public, consultants, and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views. B. Resolution. NOW, THEREFORE , the City Council of the City of Irwindale, does hereby find, determine and resolve as follows : 1. The above recitals , Part A of this Resolution , are true and correct. 2. The Conflict of Interest Code adopted by this City Council on September 24 , 2008 , by Resolution No. 2008 -63-2335 , is hereby repealed in its entirety. SCANNED DATE_9,Jt~ f (b SiGNED----- Resolution No . 2016-46 -2860 Page 1 3. The terms of Division 6 of Title 2, California Code of Regulations §18730 (a copy of which is attached as Appendix A) and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix A in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the staff of the City of Irwindale. 4. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code as set forth in Cal. Code of Regs. §18730b(4) and (5). 5. The Deputy City Clerk shall certify to the adoption of this Resolution . PASSED, APPROVED, AND ADOPTED this 1 oth day of August, 2016 . ATTEST: Resolution No. 2016-46-2860 Page 2 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2016-46-2860 was passed, approved, and adopted at a regular meeting of the City Council of the City of Irwindale held on the 1 oth day of August 2016, by the following vote : AYES : NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda None None ABSTAINED: Councilmembers: None L ura M. Nieto, CMC eputy City Clerk Resolution No. 2016-46-2860 Page 3 Designated Employees Associate Planner City Clerk City Librarian Civil Engineering Assistant Civil Engineering Associate APPENDIX B Code Enforcement Officer Communication and Records Coordinator Deputy City Clerk Engineering and Mining Manager Executive Assistant Finance Analyst II Finance Manager Human Resources Manager Maintenance Lead Worker Management Analyst Police Captain Police Lieutenant Project Manager -Mining Public Works Maintenance Supervisor Recreation Manager Recreation Supervisor Senior Center Coordinator Assistant City Attorney Assistant City Manager Director of Community Development Director of Public Works I City Engineer Finance Director Housing Coordinator Police Chief Principal Planner Public Works Inspector Senior Planner Disclosure Categories 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1 , 2 NOTE: City Council , City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code§ 87200 et seq.), not this Code. With respect to consultants , the City Manager shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements . A copy of this determination shall be filed with the Deputy City Clerk and a copy forwarded to the City Council. Resolution No. 2016-46-2860 Page4 Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City . In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly, or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph . Resolution No. 2016-46-2860 Page 5 i:gJ City Co uncil D Successor Agency D Hous ing Authority D Reclama ti on Authority D Joint Powe rs A uth ori ty Date : September 23, 2020 Cttyif IR VVINDALt! AGENDA REPORT To: From: Honorable Mayor and Members of the City Council William K. Tam , City Manager CC Item 1D Issue: Approve a Fee Waiver for the American Red Cross Waiving City Facilities Rental Fees City Manager's Recommendation: It is recommended that the City Council : 1) Adopt Resolution No. 2020-77-3237 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE AMERICAN RED CROSS 501 (c)(3) NONPROFIT ORGANIZATION , WAIVING CITY FACILITY RENTAL FEES." Administrative Action: Prepared by: Rebecca Bardales , Interim Senior Center Manager Submitted by: Theresa Olivares , Assistant City Manager Reviewed by: Adrian Guerra, Interim City Attorney Ele ctronical ly Approved Eva Carreon , Finance Director I City Treasurer Approved by: William Tam, City Manager Page 1 Background and Analysis: 1) American Red Cross, a 501 (c)(3) non-profit organ ization , is hosting (4) four blood drives in the City of Irwindale : Thursday, October 15 , 2020; Thursday , November 19 , 2020; Tuesday, December 15 , 2020; and Tuesday, January 19 , 2021 at the Irwindale Senior Center. 2) Red Cross faces an emergency blood shortage. Blood donors are needed now to help avoid delays in lifesaving medical care for patients this summer. Due to the COVI D-19 pandemic , blood products are being distributed to hospitals faster than donations are coming in . More donations are immediately needed to help replenish the blood supply. 3) The applicant's request to waive facility rental fees meets the criteria for consideration of a fee waiver according to the City of lrwindale's Fee Adjustment Policy by way of supporting the o rganization's emergency blood shortage through a community event. Fiscal Impact: The approval of this item will result in a fee waiver of $3 , 120.00.00 .This fee would have otherwise been collected as revenue to the General Fund. Attachment(s): Resolution No. 2020-77-3237 Application for Fee Adjustment of City Rental Facilities Facility Use Agreement Page 2 RESOLUTION NO. 2020-77-3237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE AMERICAN RED CROSS 501 {c)(3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY RENTAL FEES WHEREAS, American Red Cross, a 501 (c)(3) non-profit organization, is hosting four blood drives in the City of Irwindale: Thursday, October 15, 2020; Thursday , November 19, 2020; Tuesday, December 15, 2020; and Tuesday , January 19, 2021 at the Irwindale Senior Center; and WHEREAS , the City Council of the City of Irwindale finds that the American Red Cross serves an important public purpose insofar as the blood drive events supplies about 40 percent of the nation 's blood ; and WHEREAS , these events qualify for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy" insofar as a way of supporting the organization 's emergency blood shortage through a community event; and NOW, THEEFORE, the City Council of the City of Irwindale , California, resolves , determines and orders as follows: Section 1. That the City Council finds the above recitals true and correct. Section 2. The City Council finds that waiving the fee of $3 , 120 .00 for the City facility rental serves the valid public purposes described in the above recitals . Section 3. That the Chief Deputy City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 23rd day of September, 2020 ATTEST Laura M. Nieto , MMC Chief Deputy City Clerk Albert F. Ambriz , Mayor Resolution No . 2 020-77 -323 7 Pag e 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE } } SS . } I , Lau ra M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No . 2020 -77 -323 7 duly adopted by the City Council of the City of the City of Irwindale , at a regular meeting held on the 23rd day of September 2020, by the following vote: A YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN : Councilmembers Resolution No . 2020-73-3233 Page 2 Laura M . Nieto, MMC Chief Deputy City Clerk ..I.. lat ____ _ Interoffice Memo IRWINDALE Date: September 16, 2020 William Tam, City Manager To: From: Rebecca Bardales, Interim Senior Center Manager Red Cross Fee Adjustment of City Rental Facilities Re: Per City of Irwindale Fee Adjustment Policy for City Rental Facilities, approved and adopted by the Irwindale City Council September 23, 2020 the following information and recommendation is provided as relates to the subject request: Date of Use: 10/15/2020, 11/19/2020, 12/12/2020, 1 /19/2021 Irwindale Senior Center Facility: Fee: $3, 120 .00 Recommendation: $0.00 1. Applicant is a: D Irwindale Resident; or >-Proof of residency (i.e. resident ID card, utility bill) ~ Non-profit organization >-Copy of 501 (c)3 >-Principal meeting place, office, or place of worship with the City for a minimum of 1 year. 2. Documentary Proof: D Financial Hardship -Resident; ~ Financial Hardship -Non-profit organization ; or ~ Severs a public purpose (must also check one of the boxes below): D Benefits the community by (m ust also c heck one of the boxes be low): D Supports civic or community programs for the City's residents or business; or D Provides financial assistance to the City's residents or businesses ~ Provides a public service or otherwise promotes public health and safety and welfare (must also select one of the boxes below): ~ Health care; D Counseling services; D Abatement of dangerous or unhealthful living conditions; D Transportation needs of residents; D Nutrition needs of residents; or D Educational assistance C ity Manager Approval: City Manager: --------------Date: ________ _ CITY OF IRWINDALE FEE ADJUSTMENT POLICY FOR CITY RENTAL FACILITIES The City of Irwindale would like to alleviate some financial difficulties associated with using City facilities and wish to use the City facilities to serve a public purpose. To achieve this goal, the City is implementing this "Fee Ad ju stment Policy for Rental Facilities" to encourage the residents of Irwind a le and not-for-profit organizations located in the City to participate and promote events that are beneficial to the community or otherwise provide a public service . The City will approve fee waivers or reductions for those Irwindale residents and not-for-profit organizations located in the City that meet the criteria below. I. ADJUSTMENTS ARE AVAILABLE FOR THE FOLLOWING FEES To achieve the City's goal of assisting the residents of Irwindale and not-for-profit organizations located in the City, the following fees are available for waiver or reduction in an amount deemed appropriate by the City Council or the City Manager pursuant to the criteria in this Policy: A. Community Center facility use fee B. Our Lady of Guadalupe Mission facility use fe e C. Dan Diaz Recreation Banquet Room and Kitchen facility use fee D. Picnic Shelter facility use fee E. Fred Herrera Softball Field use fee F. Dan Diaz Recreation Facility use fee G. Any other public facility as the City Manager or City Council, as appropriate , may approve II. CRITERIA FOR CONSIDERATION The following criteria must be established to qualify for a fee waiver or fee reduction by the City Council: 1. Applicants for fee waivers or reductions must be: a . Resident of Irwindale; or b . Recognized by the Internal Revenue Service as a not-for-profit organization or charitable organization organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which has a principal and permanent meeting place, office , or place of worship within the City , and has Rev 2 05.22.19 -1 - been organized and established in the City for a minimum of period of one year, continuously, preceding the filing of a fee waiver application . 2 . Fee waivers or reductions may be granted for City fees where it can be shown, through documentary proof: a. A financial hardship exists as follows: 1. For an individual resident, a financial hardship may include , but not be limited to, an unexpected need of assistance arising from illness, casualty loss, or other such unforeseeable occurrence , or difficulty paying essential costs to provide for the individual's health and welfare based on income ; and 2. For a non-profit organization, a financial hardship may include a significant portion of annual revenues dedicated towards the use of the facility. b. Serve a public purpose by demonstrating that use of the City facility will : i. Benefit the community. This includes, but is not limited to, circumstances where the applicant: 1. Supports civic or community programs for the City's residents or businesses; or, 2 . Provides financial assistance to the City's residents or businesses. ii. Provide a public service or otherwise promote the public health . safety and welfare . This includes, but is not limited to, circumstances where the entity provides needed donations or other assistance to residents and businesses of the City in areas such as : 1. Health care ; 2. Counseling services ; 3. Abatement of dangerous or unhealthful living or working conditions, including , but not limited to , those constituting violations of the Irwindale Municipal Code ; 4. Transportation needs of residents; 5 . Nutrition needs of residents ; or 6. Educational assistance . 111. PROCESS FOR CONSIDERATION An Irwindale resident, individual or organization who would like to be considered for a fee waiver or adjustment should complete an "Application for Fee Adjustment of City Rev 2 05.22.19 -2 - Rental Facilities" and submit it to the City Clerk's Office. The City Manager will review the request and, if it meets the criteria of this Policy, and the request is for five hundred dollars ($500) or less, the City Manager will provide the applicant with a response within fifteen (15) days. If the City Manager's decision is adverse to the app licant , the decision can be appealed to the City Council. If the applicant requests a fee adjustment in excess of five hundred dollars ($500), and meets the criteria of this policy, the City Manager will agendi ze the item for City Council review and consideration under the guidelines of this Policy. If the City Council finds that all the requirements have been met , the waiver will be granted and process along with any Facility Use Agreement or Permit Application . Alternatively, the City Council may reduce such fee in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy . The decision of the City Council on any fee waiver or reduction shall be final. Rev 2 05 .2 2.19 -3 - OFFICE USE ONLY: Received By:~ Date: 9ft5b r• CITY OF IRWINDALE APPLICATION FOR FEE A DJUSTMENT OF CITY RENTAL FACILITIES APP LI CANT A merican Red Cross D Resident IZI Not-for-Profit Organization * ADDRESS 100 Red Cross Circle Pomona CA 91768 T E LEPHONE (323) 314-3844 e-mail :_--=D....:;a"""'n..:...:. D~a=n~g;L.:e"'-'-lo=@......,_r-=-ed=c=r"""o""'s=s ·=o .... rg..__ __ CITY RENTAL FACILITY: Irwindale Senior Center ~-------,.----------------- FEE ( S) REQUESTING TO BE WAIVED: _&_3_,_}_2o_._00 _______ _ STATEMENT OF FIN ANC IAL HARDS HIP AND PUBLIC PURPOSE: Coll ecting life saving blood Evidence of financial hard sh ip and public purpose served (to support assertion of fin a nci a l hard s hip , attach all documents establishing current financial situation, includ ing all bank statements, most cu rre nt tax forms, a nd essential expen ses): 50 1 C3 EIN : 5 3-019660 5 By signing below, I confirm that all of the above and attached information is true and correct. By signing below I also attest to the fact that payment of City fees fo r th e City's rental facilities is a financial hardship and will serve a public purpose. j-; tJ~ 9/3/20 20 Applicant S ign ature Date *Must pro vide evidence of Intern al Revenu e Se rvi ce Non-Pro fit st atus. pri ncipa l and pe rmanent meeting place, and leng th of time est ablished at this location. Rev 2 05.22.19 -4 - Policy Statement City of Irwindale Facility Use Ag reement The City of Irwindale ("City") Community Center and Mission Hi storical Site are available to the public for civic, social , educational , athletic , cultural activities and limited commercial use. It is the in tent of this Facility Use Agreement ("Agreement") to prov id e use regulations and application and scheduling procedures to accommodate groups that wish to use these City facilities . The person signing this Agreement , and the organization on whose behalf this Agreement is entered into (collective ly the "App li cant"), are jointly responsible for compliance with the terms and conditions of this Agreement. All Applicants are required to read , complete, and sign this Agreement and initial on the bottom of each page where designated. A person who is at least eighteen (18) years of age must sign this Agreement. If alcohol is served , a person who is at least twenty-one (21) years of age must sign this Agreement. Name of Facility to Be Used . )'"Ill" AfYi ~·,,~ J: ·~ eA Gf !J t>lP ~L'WiYJdal~ 5-e YlfO '(" C-e vt-lw . U' lY ()l.<) ''LJ ~y, (WI I X Irwindal e Community Center: 16102 Arrow Highway, Irwindale , CA 91706 __ Irwindale Mission Historical Site : 16239 Arrow Highway, Irwindale , CA 91706 Applicant Information I I Resident/City Employee ~n resident Contact name Dan D'Angelo Tel.: -=3=2=3-'-3:;_1;_4;_-3"""'8::;._4.;._4'------- 0rganization American Red Cross Work323-314-3844 __________ _ Address , City , State , Zip 100 Red Cross Circle , Pomona, CA 91768 ---------------Email: Dan.Dangelo@redcross .org Event Information Date of event 10/15/20, 11 /19/20 , 12/12/20 and 1 /19/2021 Estimated attendance -=2=5'---- Set-up time:8:00 to 9:30 Event time: 9:30 to 3 :30 Clean-up time: 3:30 to 5:00 Type of event: n Meeting I !Wedding I I Birthday I I Family gathering I IFundraiser n XOther (Describe) ....:B::'..!l~oo""'d"'--!::'.D-'-'ri..!..Cve"'--------------- Will alcohol be served? Will alcohol be sold? Will food be served? Will food be sold? Yes No Yes No Yes No Yes No Open to the public? Yes No Will minors be present Yes No 01 005.000 1/24 5970.2 Page 1of12 Initials . IW Admission fee charged? Yes No Will there be music Yes No If yes , how will music be provided (DJ , live band , etc.)---------- 0I005.000 1/24 5970 .2 P age 2 of 12 Initi a ls JW Reservations 1. Reservations for a City facility may be made up to 1 year prior to the event but no later than 10 working days before the event. 2. Any reservation made 6 months or more prior to the function requires a $50.00 pre- registration deposit in addition to the refundable deposit amounts. The $50.00 shall be forfeited if function is cancelled ; otherwise the $50.00 shall be applied toward the refundable deposit. 3. While an Applicant may make a reservation, a City facility is not deemed rented un til (1) App licant delivers to the City this signed Agreement, rental fees , deposit, certificate of insurance, written evidence of permits and licenses , and any other items deemed necessary by the City; and (2) the City, in its sole discretion , approves such rental. 4 . App licant must provide all information as may be required by the City's Department of Senior Services ("Department") to assure complia nce with the requirements and regulations of this Agreement. 5 . Applicant acknowledges that neither the City nor the Department assumes any liability for any injury or loss or damage of personal property, except when caused by the City or Department's sole negligence or wi llful misconduct. 6. Prior to the use of the facility , the application must have approval of the Department's designated representative. 7. Proof of residency is required at the time of application in order to receive the resident rate. 8. This Facility Use Agreement and permit, which authorizes the rental of facilities, may be revoked for violation of any rental policies. Securitv Deposit and Payments 1. An Applicant will be required to pay a security deposit in an amount that will promote use of the City's facilities in an orderly manner without damage to the facilities. Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional clean-up is required . 2. The App licant must s ign the return deposit verification form at the beginning and end of the rental function . The refundable deposit is forfeited if: 0I005.00011245970.2 a. The Applicant fails to accompany the City employee and security officer(s) during the walk through at the beginning and co nclusion of the function , or is not present during the scheduled function; or b. The City's faci lity custodian is unable to clear and lock the faci li ty atthe time the function is scheduled to end due to the actions or in -actions of the Applicant; or c. The Applicant occupies the faci lit y at a time other than that requested on his/her/its application , causing the City's facility custodian on duty to work unscheduled hours ; or d . The Applicant causes damage to the Facility in any way, including damaged, broken and/or missing equipment, graffiti , vandalism , or similar damage; or e . The Facility, parking lot, city vehicles or any other city owned property is damaged or left in an unacceptable manner. Page 3of12 initials JW 3. Below are the current deposit rates: COMMUNITY CENTER (Kitchen included) Refundable deposit Set up and clean up rental time Rental -Irwindale Resident/City employee Rental -Non Resident MISSION HI STORICAL SITE Refundable deposit Set up and clean up time Irwindale Resident/City employee Non Resident $300.00 $20.00/Hour $60.00/Hour $120 .00/Hour $200.00 $20.00/Hour $50.00/Hour $100.00/Hour SECURITY Call for hourly rate Contact security company directly to arrange for certificate of security. 4. All applicants , regardless of status , must pay the applicable refundable deposit. However, the City Manager may, in the best interest of the City , waive any portion or all fees for non -profit or community-based organizations. 5. All refundable deposits to be refunded will be paid by a City check to the Applicant stated on the application within 30 days. 6 . A $10.00 Cancellation Service Charge shall be assessed if the function is cancelled 60 days or more prior to function date. If the cancellation is made less than 60 days prior to the function , a $100.00 cancellation fee will be charged. 7. Rental fees are to be paid no less than 15 working days prior to decoration and/or function date. Fees received less than 15 working days prior to the decoration and/or function date must be made in cash and a 10% per day penalty will be charged on the rental balance. 8. If paying by check fees by check , the name on the check must match the name stated on the application . Regulations and Restrictions A ll uses of City facilities will be subject to the following regulations and restrictions : A. Insurance and Indemnification. 1. When it is deemed to be in the best interest of the general public , the City will require the Applicant to furnish a Certificate of Insurance naming the City as additionally insured. The amount of the insurance shall not be less than $1 ,000,000 per occurrence of commercial general liabili ty insurance. 2. Insurance is available at the following estimated rates (City will provide quote for insurance, based on type of rental and number of rental days requested): 0 I 005 .0001 /245970.2 Page 4of12 Initials JW INSURANCE No alcohol INSURANCE With alcohol $81.00/Day $240.00/Day 3. Note , if insurance is purchased from the City and Applicant cancels within 15 days of rental date , insurance will be returned minus a $10 .00 administrative fee. 4. The City shall require the applicant to carry general liability insurance when alcohol is available. The City shall require a full liquor liabil ity premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be solely borne by the Applicant. 5. To the full extent permitted by law, Applicant agrees to indemnify , defend and hold harmless the City , its officers , employees and agents ("Indemnified Parties ") against any liability including reasonable attorney fees in respect to bodily injury, death and property damage to the extent arising from any neg ligent acts or omissions or intentional misconduct of Applicant , it's employees, agents or staff during its use of the City's facilities . B. Alcohol. i. The provisions of this Section do not apply to claims or liabilities occurring as a result of City 's solenegligence The indemnity obligation shall be binding on successors and assigns of Applicant and shall survive termination of this Agreement. 1. The City Manager or his/her designee has the authority to approve or disapprove all applications for serving of alcoholic beverages. 2. Groups or individuals wishing to serve alcoholic beverages must submit an application at least eight (8) working days prior to the event. 3. If alcohol is to be sold : f . The responsibility for obtaining all requi red permits from the Ca lifornia Department of Alcoholi c Beverage Control ("ABC") is th e duty of the Applicant and necessary when selling alcohol. g. Alcoholic beverages shall be sold only by the person possessing a valid permit from ABC . h. The ABC Permit must be displayed over the bar throughout the activity/event. i. Service , sale and consumption may be permitted only at those events for which the ABC so specifies . 4. Bring your own (B .Y .O .B .) events are prohibited. 5. No glass bottles or containers will be allowed (other than champagne service). All champagne bottles must be opened in the kitchen. 6 . No unused or leftover alcoholic beverages sha ll be allowed to remain on premises. 7. For purposes of the Irwindale Mission Historical Site, alcohol may only be served outside. 8 . Alcohol is not allowed when an event is designated for minors su c h as schoo l 0 1oos.oool!245970 2 Page 5 of12 Initi a ls JW age award programs , birthday parties and/or receptions. 9. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the so le responsibility of the organization or individual renting the facility. 10. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws , including regulations of the ABC. Violators are subject to criminal prosecution, and reported violators will be denied approval of subsequent requests to use a City facility. 11 . Any organization using City facilities shall be solely respo nsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises . 12. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the City or to a minor the Police will be notified and the event will be terminated and all fees and deposits will be forfeited. C. Security and Supervi sion. 0 I 005 .000 1/245970 .2 Page 6of12 Initials JW 1. Security is required when a lcohol or music (live band, DJ, instrumental, etc.) is included at the function. A personal radio or boom box is excluded from the definition of music. 2. Security shall be provided by a private security company agency approved by the City. Applicant shall be responsible for procuring and paying for said security officers. Security officers are required to remain at the City facility one-half hour longer than the event to ensure the premises are cleared and secured. 3. Applicant is solely responsible for supervising it's employees, agents and staff at the City facility and adjoining property during the event. The City is not responsible for providing this supervision . 4. When alcohol is served, there shall be at least one security guard present at the facility at all times . The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. The parking lot must be monitored every 30 minutes. The security guards sha ll have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the Applicant's security deposit. The Applicant will be billed for any costs exceeding the security deposit. D. Set-Up, Clean-Up , and Decorations. 1. Applicant and his/her/its agents, including caterers, bands, transportation of rental equipment , and related individuals , will not be permitted access to the Facility prior to or after the event time period approved by the City. Applicant shall not prepare or decorate the Facility prior to the event start time, unless Applicant provides rental fees , deposits, and insurance for the time of the preparation and/or decoration. 2. Applicant shall be responsible for arranging access during the time requested for entry and exit of the Facility. 3. Applicant shall not drive or permit to be driven nails , hooks , tacks , screws, poles , stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. No decorations are to be hung on sprinklers. 4 . The use of rice, birdseed , confetti , glitter, silly string, or candles is prohibited. 5. Applicant shall be responsible for clean-up of the entire Facility, including adjacent grounds , at the end of the rental. Applicant shall pick up , bag, and remove all trash generated by all activity in any way connected with its use of the Facility, leaving the Facility clean and free of all trash and litter. Applicant shall also leave all fixtures , if any, in good working condition. 6. The Community Center kitchen should be cleaned and wiped down . Applicant is not to mop floors in the kitchen , foyer or bathrooms. 7. Tables should be wiped down. Tables and chairs are to remain where they are. Applican( is not to fold and/or stack tables or chairs . 8. Applicant is not to vacuum floors. 9. Decorations are to be taken down and removed. 10. Applicant shall not store any equipment or materials at the Facility or adjoining property without the prior written approval of the City. 0 1005 .000 1/245970.2 Page 7of12 Initial s JW 11. Cleanup must be completed prior to 12:00 midnight of the function date. The Community Center should be cleaned one hour prior the ending of the function. If you feel one hour is not sufficient, please allow more time . E. Kitchen Use, Equipment, and Accessories . 1. An Applicant using the Community Center kitchen shall furnish dishes, silverware, cooking utensils, all paper products , towels , soap, etc. 2. Requests for table and chair arrangements must be submitted the Monday preceding the rental function or the room set up will be made at the discretion of the City. 3. Applicant shall not remove, relocate, or take any City property outside of the Facility for any reason without the prior written approval of the City. 4. The City does not provide audio/visual systems, public address systems , spotlights , floodlights, or projectors. Applicant, at its own cost, may bring these systems into the Facility for their use. 5. All music equipment must be contained within the enclosed walls of either the Community Center and/or the Mission. F. Miscellaneous. 1. Smoking is prohibited in all City facilities including restrooms and within 20 feet of all entrances. 2. Facilities and equipment are to be left in the same condition as they were prior to the rental. The Applicant is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the Applicant to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility , property and equipment, and observance of all approved rules and regulations . 3. No gambling of any kind shall be conducted on, or in , City facilities, and the Applicant shall ensure that no disorderly or illegal conduct shall be allowed in any facility. Charitable events and/or fundraisers in support of non-profit organizations that include a "Cas ino Night" or similar event where no monies are wagered are excluded from this prohibition. 4. Private groups wishing to collect fees, donations or admission charges , or those using the facility to market a product , give a presentation, or advertise their business , will be considered com mercial users . 5. The posted occupancy of City facilities shall not be exceeded. 6. Storage space will not be granted at any time. 7. A City facility is available for rental seven days a week, between the hours of 7:00 a.m. -12:00 midnight. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Cesar Chavez Day , Easter, Independence Day , Labor Day , Memorial Day, New Year's Eve , New Year's Day , and Thanksgiving. 8. All persons using the facilities shall observe and obey regulations of this policy , th e rules of the Department, and all applicable City, State and Federal laws, rules and regulations. 0 I 005 .0001 /245970.2 Page 8of12 Initial s JW 9. Minors must remain in the rented facility room and shall not be allowed to roam . 10. Any intended use of outside vendors must be disclosed in the application and if permitted shall comply with applicable insurance requirements . 11 . No open flames are permitted including the use of candles 12 . Ma ximum capacity is 100 people for assembly at the Community Center. 13 . Seating capacity for dining at the Community Center is 72 people . 14. No animals are permitted at the Facility , with the exception of service animals . 15. No one is permitted upstairs or in the elevator at the Community Center. 16. Be advised that guests are not allowed in the flower beds and are not to be throwing items into the Community Center fountain . 17. The Mission may not , under any circumstances, be used for regular church services . It may be rented , as are other City Facilities , for specific events such as parties , weddings, meetings , wakes, christenings, etc. 18. Applicant acknowledges the limited parking at the Mission . Adequate measures to ensure sufficient parking may be imposed . Failure to provide adequate parking and/or disruption of the neighborhood may result in termination of the event. 19. Applicant acknowledges that the Mission is located adjacent to a residential neighborhood . Loud noise must be controlled . Receipt of noise complaints by the City may subject the event to immediate termination . 20 . The City is not responsible for lost or st olen items. 21 . Applicant shall comply with all local , state , and federal laws and regulations related to the use of the Facility . 22 . The City of Irwindale may impose additional requirements as deemed necessary to protect the health , safety , and /or welfare of the community. 23 . The facility shall be used for the purpose stated in this Agreement and no other use will be permitted. 24 . Applicant shall be responsible for securing all required permits and licenses. 0I005.0001 /245970.2 Page 9of12 I n iti a ls JW Any violation of the above or any part of this Agreement or report of false information to the City of Irwindale may refuse Applicant from further use of the Facility and deny further requests for a period of up to two (2) years at the discretion of the City Manager or his/her designee. Moreover, Applicant shall forfeit a portion of or all of the rental fee and/or the deposit. I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Print Name Jay Winkenbach Signaturei£ ~ l// __.____/ Organizadn American Red Cross Address 100 Red Cross Circle , Pomona , CA 91768 Telephone 909-282-2648 Date 9/15/202 ~~~~~~~~~~~~~~~ 01005.0001/245970 .2 Page 10of 12 Initia ls JW CITY OF IRWINDALE USE ONLY ~PPROVED II DENIED Authorized By'1P1~ Date o/;5/:2(/20 Insurance certificate received? Date:----- ABC License received? Date:----- Security authorization received? Date:----- Room set up provided? Date: ----- Refund issued? Date : ----- PAYMENTS RECEIVED Refundable Deposit $300.00 Date received N /A-Staff Initials~ Set up and clean up rental time U $20.00 X hours = $ Date received In itials ---Plea~e s.ee C/\~cheof clocvm..evrl-~ F-ees:::::2- Renta1 ~ $ X hours = $ Date received ----------------In itials -- Date received Staff ln itials-2> 0 1005.000 1/245970.2 Pa ge 11 of 12 Initi als JW CONTACT INFORMATION FACILITY RESERVATIONS Contact the Irwindale Senior Center to check Facility availability, and to submit application, insurance, licenses and payments. IRWINDALE SENIOR CENTER-(626) 430-2283 16116 Arrow Highway, Irwindale, Irwindale, CA 91706 SECURITY INFORMATION The following private security firm licensed by the City of Irwindale provides security for rental purposes: E & C Security Patrol-(626) 420 -9110 CERTIFICATE OF INSURANCE A Certificate of insurance quote/certificate can be obtained through the City of Irwindale Senior Center, utilizing the following special event insurance company: 0 I 005.0001 /245970 .2 Alliant -Special Event Insurance Services -(800) 821-9283 1301 Dove Street, Suite 200, Newport Beach, CA 92660 ABC LICENSE ABC-ALCOHOLIC BEVERAGE CONTROL -(626) 256-3241 222 E. Huntington Dr., Ste 114, Monrovia, CA 91016 Page 12of12 Initials JW Red Cross-Blood Drive Renta l of Irwinda le Senior Center Date Refundable Set-up/Clean· Rental Insurance Total Deposit up $20.00 per $120.00 per $300.00 hour hour 10/15/2020 n/a 3hrs x $20.00 6h rs x $120.00 n/a $780 .00 = $60 .00 = $720.00 11/19/2020 n/a 3h rs x $20.00 6h rs x $120.00 n/a $780 .00 = $60 .00 = $720 .00 12/12/2020 n/a 3h rs x $20.00 6h rs x $120 .00 n/a $780 .00 = $60 .00 = $720 .00 1/19/2020 n/a 3h rs x $20.00 6h rs x $120.00 n/a $780 .00 = $60.00 = $720.00 $3 , 120 .00 ROOM SET -UP DIAGRAM Community Center Capacity -100 Maximum for assembly 72 Dinning 8 -8ft. rectangle tables (Diagram not to scale) 6 -6ft. rectangle tables 9 -72 inch round tables SIDE DRIVEWAY KITCHEN DELIVERY DOOR D STAGE 01005.00011245970.2 Women's Restroom DOOR DOOR ooo ooo oo 0 DOOR DOOR FOYER DO OR SLIDING DOOR Pag e 13of12 DOOR Men 's Restroom Initial s JW ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (M M/DDNYYY) ~ 0812712020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION O NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E XTEND O R ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or b e endorsed. If SUBROGATIO N IS WAIVED, subject to the terms and conditions of the policy, certain policies may requi r e a n endorsement. A statement on this certificate does not confer r ights to the certificate holder i n lieu of s uch endorsement(s). PR ODUCER CONTACT Marsh USA Inc. (Philadelphia) NAME: PHONE I rffc Nol: 1717 Arch Street /A i r t.1 .... c .. n. Philadelphia, PA 19103 E·MAIL ADDRESS· 215.246.1000 fax215.246.1399 Attn: Redcross.certrequest@marsh.com INSURERCSl AFFORDING COVERAGE NAIC# CN1 0283497 1-ALL-CAS-20-21 INSURER A : Old Reoublic Insurance Comoanv 24147 INSURED INSURERS : AMERICAN RED CROSS AMERICAN NATIONAL RED CROSS INS URER C : 100 RED CROSS CIRCLE INS URERD : POMONA , CA 91768 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE-006606777-01 REVISION NUMBER: 4 THIS IS TO CERT IFY THAT THE POLI CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLI CY EFF POLI CY EXP LTR TYPE OF INSURANCE , .. ,~ '····~ POLICY NUMBER CMM/DD/YYYYl CMM/DD/YYYYl LIMITS A x COMMERCIAL GENERAL LIABILITY MWZZ 313806-20 07/0 1/2020 07/01/2021 EACH OCCURRENCE $ 5,000,000 >--~ CLAIMS-MADE D OCCUR 01\Mf\l>C: TO t<C:N I c:u $ 5,000,000 PREMISES IEa occurrencel x SIR$100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY -$ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ~ DPRO-DLOC IN CLUDED POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ A AUTOM OBILE LIABILITY MWTB 313807-20 ($1M) 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT $ 5,000,000 CEa accident! -Au to Physical Damage-x ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED Deductible Comp/Coll $1 ,000 BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY IPer accident! A MWZX313810-20 ($4M XS) OUJ1/2020 07/01/2021 $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE -AGGREGATE s OED I I RETENTION$ s A WORKERS COMPENSATION MWC313809-20 (INSURED STA TE S) U7/Ul/L.VL.V 07/01/2021 x I ~f~TUTE I I OTH- AND EMPLOYERS ' LIAB ILITY ER A YIN MWFEX313804-20-(Fl)' 07/01/2020 07/01/2021 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACC IDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A MWXS313805-20 (AL, CA, GA, MA, Ml, 07/01/2020 07/01/2021 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~~~~~~ff~~ ~n:~PERATIONS below MO, OH, PA, TN, VA)" E.L. DISEASE -POLICY LIMIT $ 1,000,00 0 DESCRIP TION OF OPERATIONS I LOCATIONS I VEHICLES (AC ORD 101, Additional Remark s Schedule, may be attac hed if more space is required) RE: BLOOD DRIVES TO BE HELD THROUGHOUT THE POLICY PERIOD, 7/1/2020-711/2021. CITY OF IRWINDALE, ITS ELECTED OFFICIALS, REPRESENTATIVE, EMPLOYEES AND AGENTS ARE IN CLUDED AS ADDITIONAL INSURED WITH REGARDS TO COMMERCIAL GENERAL LIABILITY COVERAGE WHERE REQUIRED BY CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF IRWINDALE SHOU LD ANY OF THE ABOVE DES CR IB ED POLICIES BE CAN CE LLED BEFORE 5050 N. IRWINDALE AVENUE THE EXPIRATION DATE THE REOF, NOTICE WILL BE DELIVERED IN IRWINDALE, CA 91706 ACCORDANCE WITH THE POLI CY PROVIS IO NS. AUTHORIZED REPR ESEN TATI VE of Marsh USA In c. I Manashi Mukherjee -J'wto..~h..L ~ © 1988-2016 ACORD CORPORATION . All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGE NCY CU STO MER ID : CN102834 971 ~~~~~~~~~~~~~~~~~~~~~~~ LOC #: Philadelph ia ADDITIONAL REMARKS SCHEDULE AGENCY NAMED IN SURED Marsh USA Inc. (Philadelphia) AMERICAN RED CROSS AMERICAN NATIONAL RED CROSS POLICY NUMBER 100 RED CROSS CIRCLE POMONA, CA 91768 CARRIER I NAIC CODE EFFECTIVE DATE : ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM , FOR M NUMBER : 2 5 FORM TITLE: Certifi ca te o f Li ability Ins ura n ce A TI ACHING TO AND FORMING PART OF THE AMERICAN NATIONAL RED CROSS CERTIFICATE OF INSURANCE AS RESPECTS WORKERS COMPENSATION: This Is to certi fy that all American National Red Cross units in the following states are currently self insured through the American Na tional Red Cross: Alabama , Ca lifornia, Florida, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, and Virginia. Workers Compensation Policy #MWC313809-20: Policy for all other states except the monopolistic states of North Dakota, Puerto Rico, Washington, Wyoming and U.S. Virgin Islands and the self-insured states of Alabama, California, Florida, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, and Virginia. Includes Employers Liability for monopolistic states of North Dakota, Puerto Rico, Washington, Wyoming, and U.S. Virgin Islands. 'Specific Excess Workers Compensation Policy #MWFEX313804-20: American National Red Cross is self-Insured for Workers Compensation in the state of Florida. The Excess Liabili ty limit is subjec t to a state approved Self-Insured Re tention. ttSpecific Excess Workers Compensation Policy #MWXS313805-20: American National Red Cross is self-insured for Workers Compensation in the fo llowing states: Alabama, California, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee and Virginia. The Excess Liability limits are subject to state approved Self-Insured Retentions. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Page 2 of 2 ACORD 101 (2008 /01) ©2008 ACORD CORPORATIO N. All r ights reserved . The ACORD name and logo are reg ist er ed marks o f ACORD MARSH To Whom it may concern ; June 03, 2020 Subject: American Red Cross Certificates of Insurance Joanne Melazzo Senior Advisory Represen tative Marsh U SA Inc . Three Logan Squa re 1717 Ar ch Street , Suite 1100 Philadelphia , PA 19103 +1 2 15 246 11 20 www.ma rsh .com Enclosed please find our Certifica te of Insurance evidencing the renewal of coverage for 12 months effective July1, 2020. To exped ite this process in the future, we are transition ing to elect ron ic distribution . If you would like to receive Certificates of Insurance electronically , please send an email to joanne .melazzo@marsh .com . Include the certificate holder name and current certificate number along with the e-mail address you would like it to be delivered . If the enclosed cert ificate is no longer required, please return it to my attention at joanne .melazzo@marsh.com Sincerely, J oann e Joanne Melazzo Senior Advisory Representative MARSH & McLENNAN COMPAN I ES 1:8:1 City Council D Successor Agency D Housing Authority D Reclamation Authority D Joint Powers Authority Date : September 23, 2020 Cityef IR\¥INDALH AGENDA REPORT To: Honorable Mayor and Members of the City Council From : William K. Tam, City Manager CC Item 1E Issue: RESOLUTION NO. 2020-76-3236 APPOINTING ADRIAN GUERRA AS CITY ATTORNEY AND AMENDING THE IRWINDALE FEE AGREEMENT FOR CITY ATTORNEY SERVICES WITH ALESHIRE & WYNDER , LLP CONSISTENT WITH THIS APPOINTMENT City Manager's Recommendation: It is recommended that the City Council: 1) Adopt Resolution No. 2020-76-3236 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPOINTING ADRIAN GUERRA AS CITY ATTORNEY"; AND 2) Approve Third Amendment to the Irwindale Fee Agreement for City Attorney Services with ALESHIRE & WYNDER , LLP to reflect the appointment of Adrian Guerra to the position of City Attorney. Submitted by: William K. Tam, City Manager Reviewed by: Adrian Guerra, City Attorney Approved Electronically Eva Carreon , Finance Director I City Treasurer Approved by: William K. Tam , City Manager Page 1 Background and Ana lysis: 1) At its meeting on July 8 , 2020, the City Council appointed Adrian Guerra of Aleshire & Wynder, LLP to serve as Interim City Attorney. The City Council memorialized that action in a resolution adopted July 22 , 2020. 2) At its meeting on September 9 , 2020, the City Council discussed the performance evaluation of our Interim City Attorney, Adrian Guerra and the City Council has been pleased and appreciative of his performance. 3) As such , the City Council directed staff to bring back a resolution on September 23 , 2020 to appoint Adrian Guerra as City Attorney, which includes counsel to all boards, commissions and other bodies of the City. 4) With this action by the City Council, it is necessary to amend the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder, LLP to reflect the appointments. There is no fiscal impacts associated with this contract amendment. FISCAL IMPACT: There is no fiscal impact in approving this resolution , as the FY 2020-2021 Budget already includes the appropriate funding for legal services in all applicable funds . ATTACHMENTS: 1. Resolution 2020-76-3236 2 . Third Amendment to the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder, LLP Page 2 RESOLUTION 2020-76-3236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPOINTING ADRIAN GU ERRA AS CITY ATTORNEY AND AMENDING THE IRWINDALE FEE AGREEMENT FOR CITY ATTORNEY SERVICES WITH ALESHIRE & WYNDER, LLP CONSISTENT WITH THIS APPOINTMENT WHEREAS , on July 22 , 2020 , the City Council appointed Adrian Guerra of Aleshire & Wynder, LLP to serve as Interim City Attorney ; and WHEREAS, on September 9 , 2020 , the City Council discussed the performance evaluation of Interim City Attorney , Adrian Guerra and the City Council has been pleased and appreciative of his performance ; and WHEREAS , the City Council is now desirous to remove the "interim " status of the City Attorney and to appoint Adrian Guerra as City Attorney, which includes counsel to all boards , commissions and other bodies of the City . NOW, THEREFORE, THE CITY COUNCI L OF TH E CITY OF IRWINDALE, CALIFORNIA DO ES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby appoints Adrian Guerra of Aleshire & Wynder, LLP as City Attorney for the City, which shall also include counsel to all boards , commissions and other bodies of the City , including but not limited to, Irwindale Housing Authority , Irwindale Reclamation Authority, the Successor Agency to the Irwindale Community Redevelopment Agency , and the Irwindale Industrial Development Authority . SECTION 2 . The Irwindale Fee Agreement for City Attorney Services between the City and Aleshire & Wynder, LLP shall be amended to reflect the appointments described in Section 1 of this Resolution. SECTION 3. This Resolution shall take effect immediately and the Chief Deputy City Clerk shall certify to the passage and adoptio n of this Resolution . PASSED, APPROVED AND ADOPTED this 23rd day of September 2020 . ATTEST: Laura M. Nieto, MMC Chief Deputy City Clerk Albert F. Ambriz , Mayor 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 . 2020-76-3236 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of September 2020 by the following vote: AYES : Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Laura M. Nieto , MMC Chief Deputy City Clerk THIRD AMENDMENT TO THE IRWINDALE FEE AGREEMENT FOR CITY ATTORNEY SERVICES This THIRD AMENDMENT TO THE IRWINDALE FEE AGREEMENT FOR CITY ATTORNEY SERVICES ("Third Amendment") is made and entered into this 23rd day of September, 2020 , by and between the City of Irwindale, the Irwindale Successor Agency, the Irwindale Housing Authority, and the Irwindale Reclamation Authority (collectively, "City"), and Aleshire & Wynder, LLP , a California limited liability partnership ("Firm"). RECITALS A. On or about June 18 , 2003, the Firm and the City entered into the Irwindale Fee Agreement for City Attorney Services ("Agreement"), pursuant to which the Firm agreed to provide attorney services to the City. B . The Agreement was amended on or about Jul y 11, 2007 ("First Amendment") and again on January 10, 2018 ("Second Amendment"), by which the fee arrangement and billing practices were amended. C. At its meeting on July 8, 2020, the City Council appointed Adrian Guerra of the Firm to serve as Interim City Attorney. The City Council memorialized that action in a resolution adopted July 22, 2020. D . At its meeting on September 9, 2020, the City Council discussed the performance evaluation of our Interim City Attorney, Adrian Guerra, and the City Council was pleased and appreciative of his performance. E. As such, the City Council directed staff to bring back a resolution on September 23, 2020 to appoint Adrian Guerra as City Attorney, which incl udes counsel to all boards, commissions and other bodies of the City . Said resolution was adopted concurrently with the approval of this Third Amendment. F. With this action by the City Council, it is necessary to amend the Agreement, as amended by the First and Second Amendments , to reflect the appointment of Adrian Guerra as City Attorney, which includes counsel to all boards, commissions and other bodies of the City. AGREEMENT The recitals contained above are incorporated herein by reference and the Agreement, as amended by the First and Second Amendments, is hereby amended as follows: 1. Contract Changes. The Agreement, as amended by the First and Second Amendments, is now amended to reflect that Adrian Guerra of the Firm i s hereby appointed as City Attorney, which includes counsel to all boards, commissions and other bodies of the City. 09999.0001 /669639.1 2 . Continuing Effect of Agreement. Except as expressly provided herein, all other terms and conditions shall be as provided in the Agreement, as amended by the First Amendment and Second Amendment, but in the event of any conflict herewith , the terms hereof shall govern. 3. Effective Date. This Third Amendment shall be effective September 23, 2020. 4. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Firm each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement, as amended by the First Amendment and Second Amendment. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement, as amended by the First Amendment and Second Amendment, other than as provided herein. Each party represents and warrants to the other that the Agreement, as amended by the First Amendment and Second Amendment, is currently an effective, valid and binding obligation. Firm represents and warrants to City that, as of the date of this Third Amendment, City is not in default of any material term of the Agreement, as amended by the First Amendment and Second Amendment, and that there have been not events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement, as amended by the First Amendment and Second Amendment. 5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment. 6. Authority. The persons executing this Third Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Third Amendment on behalf of said party, (iii) by so executing this Third Amendment, such party is formally bound to the provisions of this Third Amendment, and (iv) the entering into this Third Amendment does not violate any provision of any other Agreement, as amended, to which said party is bound. [SIGNATURE PAGE FOLLOWS ON PAGE 3] 09999.0001/669639 .I Page 2 of3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date and year first-above written. ATTEST: Laura M. Nieto, Chief Deputy City Clerk/Secretary CITY: CITY OF IRWINDALE IRWINDALE SUCCESSOR AGENCY IRWINDALE HOUSING AUTHORITY IRWINDALE RECLAMATION AUTHORITY Albert F. Ambri z, Mayor FIRM: ALESHIRE & WYNDER, LLP _______ ,Equity Partner 09999 .00011669639.1 Page 3 of3 C8J City Co uncil O Successor Agency 0 Housi ng Auth ority 0 Reclama tio n Authority OJoint Powe rs Auth ority Date: September 23, 2020 City if IR\VINDALr. AGENDA REPORT To: From: Honorable Mayor and Members of the City Council William K. Tam , City Manager CC Item 1F Issue : Award of Contract to provide professional design services for the Irwindale Recreation Center Improvements Project; P-1019 City Manager's Recommendation: That the City Council (1) authorize the City Manager to enter into an agreement , subject to City Attorney approval as to form, with WIN Structural Consulting Group, Inc. in the amount of $109,590.00 for professional design services for the preparation of the Plans , Specifications and Estimate (PS&E) for the Irwindale Recreation Center Improvements Project; P-1019 ; (2) approve a 25 % contingency for design in the amount of $27 ,397 .50 to cover additional services needed to address unforeseen site conditions during design . Administrative Action: Submitted by: Arsanious Hanna, City Engineer/ Building Official Prepared by: Luis Pimentel , Engineering Technician (626) 430-2259 Reviewed by : Adrian Guerra, Interim City Attorney Eva Carreon, Finance Director I City Treasurer Approved by: Will iam Tam, City Manager Electronically Approved by In terim City Attorney Page 1 Background and Analysis: The Irwindale Dan Diaz Recreation Center offers a variety of programs , activities, services and events to residents and the surrounding community. In addition to providing these services, the building has been designated as the City 's Emergency Evacuation Center. In the event of an emergency, such as a seismic event, the Recreation Center would serve as the evacuation destination . The Public Works Engineering department retained St ructural Focus , a structural engineering consultant, to perform a preliminary structural assessment on the building. The assessment report proposed recommended improvements to retrofit the structure of the building and ensure its functionality during an emergency such as an earthquake. The City's Capital Improvement Program includes the proposed structural improveme nts to the Recreation Center, replacement of the aging HVAC system, repl acement of the roof, and installation of a new emergency generator. These improvements will be consolidated into the Irwindale Recreation Center Improvements Project (P-1 019). The scope of work for the professional design services for the p lans , specifications and engineer's cost estimate (PS&E) for the Irwindale Recreation Center Improvements Project consists of the following : • Removal and replacement of th e existing roof structure • Structural improvements and seismic retrofit of the building • Removal and replacement of six (6) HVAC units on the roof • Installation of a new emergency generator On June 20, 2020 , staff issued Requests for Proposals (RFP ) for p rofess ional design services for the preparation of the PS&E for this project. Staff received proposals from three (3) firms on September 8 , 2020 with the following results: PROPOSALS FOR DESIGN SERVICES FOR IRWINDALE RECREATION CENTER IMPROVEMENTS PROJECT CONSULTANT RANKING FEE PROPOSAL COMMENTS WIN Structural Consulting 1 $ 109 ,590 .00 Group , Inc. PLUMP Engineering , Inc. 2 $ 127,700.00 J .S . Held, LLC 3 $ 194 ,080 .00 Page 2 Staff evaluated each proposal received and ranked each consultant based on technical competency, project understanding , experience , staff qualifications and avai labi lity , and history. WIN Structural Consulting Group , Inc. was determined to be the most qualified firm for the project and staff recommends awarding the contract for design services to them. It is expected that the PS&E will be completed within five months of the execution of the agreement. Upon completion of the PS&E , the bid package will be brought to City Council for approval and authorization to advertise for construction bids. The attached contract agreement has been reviewed and approved by the City Attorney 's office . Fiscal Impact: Sufficient funding for this project was budgeted in the FY 2019-2020 Capita l Improvement Program (Acct# 48-80-800-45200-8228 & 48-80-800-45200-8233), with the source of funding for this project 100% from the General Fund. Th is GIP Budget has been carried forward to the FY 2020-2021 GIP Budget , and transfers from the General Fund to the Capital Projects Fund will be processed as expenditures are made. Attachment{s): • Contract Agreement for Professional Design Services Page 3 CITY OF ffiWINDALE CONTRACT SERVICES AGREEMENT FOR DESIGN OF PLANS, SPECIFICATIONS AND ESTIMATE FOR THE IRWINDALE RECREATION CENTER IMPROVEMENTS PROJECT; P- 1019 This CONTRACT SERVICES AGREEMENT (herein "Agr eement") i s made and entered into this 23 rct day of September, 2020, by and between the CITY OF IRWINDALE, a Ca lifornia municipal corporation ("City") and WIN STRUCTURAL CONSULTING GROUP, INCORPORATED, 2 18 Ray Street, Pleasanton, CA 94566, (h erein "Consultant"). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and servi ces in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or lo cal governmental agency of competent jurisdiction. 1.3 Licenses, Pe1mits, Fees and Assessments . Consultant shall obtain at its sole cost and expense such li censes, permits, and approvals as may be required by law for the pe1fo1mance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a pati hereof ai·e set fotih in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Nine Thousand Five Hundred Ninety Dollars AND No Cents ($109 ,590.00) ("Contract Sum"). 2 .2 Invoices . Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance . By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The 0100 5.0001 /29542 l.I 1 Rev 10/20 18 invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or ex penses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agree s that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services , without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (25%) of the Contract Sum but not exceeding a total contract amount of Twenty-Seven Thousand and Four Hundred Dollars ($27 ,400) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3 .1 Time of Essence. Time is of the essence in the performance of this Agreement. 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" 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 thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unu sually severe weather, fires, earthquakes, floods , epidemics, quarantine restrictions, riots, strikes , freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such 2 01005 .0001 /295421.1 Rev 10/2018 delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant b e entitl ed to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Mr. Wassim Naguib, Ph.D., S.E., P.E., is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclu sive direction of the representative of Consultant. Consultant shall utiliz e only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. William Tam, City Manager [or such person as may be designated by the C ity Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Subcontracting or Assignment. Consultant sh all not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all servic es r equired herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise w ith City. 5. INSURANCE AND INDEMNIFICATION 5 .1 Required Insurance Policies. Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sol e cost and expense, in a form 3 01005.0001/295421.1 Rev 10/2018 and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1 ,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired , non- owned or rented vehicles, in an amount not less than $1,000,000 combined si ngle limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be p erformed in connection with this Agreement , in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date , continuity date , or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no le ss than three years after completion of the services required by this Agreement. ( d) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at lea st $1 ,000,000). 5.2 Other Provisions or Requirements. (a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5 .1, and for purposes of Workers ' Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers' Compensation as it not required for so le proprietors. The insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance of services. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4 01005.00011295421.1 Rev 10/20 18 (b) Duration of Coverage. Con sultant shall procure and maintain each of the insurance policies required in Section 5 .1 for the duration of the Agreement, and any extension thereof. (c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insuranc e or self-insurance procured or maintained by City shall b e excess to th e Consultant's in suranc e and shall not contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance . Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before th e City 's own insurance or self-insurance shall b e called upon to protect it as a named insured. (d) City 's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium p ai d by City w ill be promptly reimbur sed by Consultant or City wi ll withhold amounts sufficient t o pay premium from Consultant payments. In the alternative , City may cancel thi s Agreement. ( e) Acceptable Insurers. A ll insurance policies shall be issued by an in surance company currently authorized by the Ins urance Co mmi ssioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, w ith an assigned policyholders' Rating of A-(or hi gher) and Financial Si ze Category Class VI (or larger) in accordance with the lates t edition of Best's Key R ating Guide , unless otherwise approved b y the City's Risk Manager. (f) Waiver of Subrogation. All insuranc e coverage maintained or procured pursuant to this Agreement shall b e endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, emplo yees and volunteers or shall specifically allow Consult ant or others providing ins uranc e evidence in compliance with these specifications to waive the ir right of recovery prior to a lo ss. Con sultant hereby waives its own right of recovery against City, and shall require similar written express waive rs and insurance clauses from each of its subconsu ltants. (g) Enforcem ent of Contract Pro v isions (non estoppel). Con sultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any ri ghts hereunder. (h) Requirements Not Limiting. Requirements of spec ific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or oth er re quirements , or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Co n sultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the high er limits maintained by the Cons ultant. Any available insurance proceeds in excess of the sp ecified minimum limits of insurance and coverage shall b e available to the City . 5 0 1005.0001/295421.1 Rev 10/20 18 (i) Notice of Cancellation. Cons ultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. G) A ddi tional Insured Status. Gen eral liability and automobi le policies shall pro vide or be endorsed to provide that City and it s officer s, officials, empl oyees, agents, and vo lunteers shall be additional insureds under such policies. This provision sh all also apply to any excess/umbre lla liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance w ith these requirements if they include any li miting endorsement of any kind that has not been first submitted to City and approved by the City in writing. (1) Separation of Insureds . A severability of interests provision must app ly for all add itional insureds en suring that Consultant's insurance shall apply separately to each insured again st whom claim is made or suit is brought, except w ith respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liabi lity exclusions. (m) Pass Through Clau se. Con sultant agrees to ensure that its subconsultants, subcontractors , and any other party invo lved with the services, which are the subj ect of this Agreement, who is brought onto or involved in these service s by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agr ees to monitor and re vie w all such coverage and assumes all responsibility for ensuring t hat such coverage is provided in conformity with the requirements of thi s section. Cons ul tant agrees that upon requ est, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review. (n) City's Right to Revi se Specifications. The City re serves the r ight at any time during the term of the Agreement to ch ange the amounts and types of insurance required by g iving the Consultant ninety (90) days advance written notice of su ch change. If such change results in substantial additi onal cost to the Cons ulta nt, the City and Consultant may renegotiate Con sultant's compensation. ( o) Deductibles/ Se lf-insured Retentions . Any deductibles and self-insured retenti ons must be declared to and approved by City . At the option of the City, either: the insurer shall r educ e or elimi nate such deductibles or self-insured retentions with respect to the City, its officers, official s, employees, agents and vo lunteers, or the Consultant sh all provide a financial guarantee sati sfactory to the City guarantee ing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Cl aims . Consultant shall g ive City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's perfo1mance under this Agreement, and that involve or may invo lve coverage under any of the required li abil ity poli c ies. 6 01005.000 11295421.1 Rev 10/2018 ( q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the 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, e1rors, 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, s ubcontractors , or invitees, or any individual or entity for which Consultant is legall y 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, provisio n, 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 the 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 the City, its officers, agents, and employees harmless therefrom; (c) In the event the 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 the City, its officers , agents or employees, any and all costs and expenses incurred by the 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 respon sibl e 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 pe1mitted by law, shall apply to claims and liabilitie s 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 7 01005.0001/29542 1.1 Rev 10/2018 indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 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 and shall keep such records for a period of three years following completion of the services hereunder. 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. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perfo1mance of the services required by this Agreement or as the Contract Officer shall require. 6 .3 Confidentiality and Release oflnformation. (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 the City without prior written authorization from the Contract Officer. (b) Consultant 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 info1mation concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena. ( c) If Consultant provides any information or work product in violation of this Agreement, then the 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 the City should Consultant 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 thereunder. The 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 the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files , reports, records, drawings , specifications, maps, designs , photographs, documents and other 8 01005 .0001/29542 1.1 Rev 10/201 8 materials (the "documents and materials ") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the 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 the City of its full rights of ownership use, reuse , or assignment of the documents and materials hereunder. 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 ar e hereby deemed "works made for hire" for the City. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central Di strict 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 term s of this Agreem ent, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead , the City may give notic e 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 , if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoice s and shall, when the default is cured, proceed with payment on the invoices. If Consultant doe s not cure the default , the City may take nece ssary steps to terminate this Agreement under this Article. 7.3 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 any legal action under this Agreement. Except with respect to rights and remedies expres sly declared to be exclusive in thi s 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 ri ghts or remedie s for the same default or any other default by the other party. 7.4 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. The 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 the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days ' written notice to City, 9 0 1005 .000 1/295 42 1.1 Rev 10/2018 except that where term ination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services h ereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to th e 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. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". I n the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opp01tunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the 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 the Consultant shall be liab le to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previous ly stated. 8. MISCELLANEOUS 8.1 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 ensure 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 8.2 Non-liab ility of City Officers and Employees. No officer or emp loyee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval , or communication either party desires or is required to give to the other paity or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Mai1ager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale , 5050 N. Irwindale Ave., Irwindale CA 91706 and in the case of the 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. 10 01005 .000 1/29542 1.1 Rev 10/2018 8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affectin g this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangeme nts, agreements and understandings, if any , b etween the p arties, and none sh all b e u sed to interpret this Agreement. This Agreement may be am ended at any time by the mutual co nsent of the parties by an instrument in writing. 8.5 Severability . In the event that part of thi s Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability sh all n ot affect any of the remaining portions of this Agreement which are hereby declared as severable and sh all be interpreted to carry out the intent of the parties h ereunder unl ess the invalid provis ion is so material that its inval idity deprives either party of the basic benefit of their bargain or renders this Agreement meaningles s. 8.6 Waive r. No delay or omi ss ion in the exercise of any ri ght or remedy by n on-d efaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other p arty requi ring the party 's consent or approval shall n ot be deemed to waive or render unnecessary the other party 's consent to or approval of any subsequent act. Any waive r by either party of any default m ust be in writing and shall not be a waiver of any oth er default concernin g the same or any other provision of this Agreement. 8.7 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 ac ti on or proceeding, in additi on to any other re li ef which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgme nt. 8.8 Interpretation. The terms of this Agreement sh all be co nstru ed in accordance with the meaning of the language used and sh all not be construed for or against either p arty by reason of the authorship of this Agreement or any other rul e of construction which mi ght otherwise app ly . 8.9 Counterparts . This Agreement may b e executed in counterparts , each of w hich sh all be deemed t o be an original, and such counte rparts shall constitute one and the same instrument. 8.10 Warranty & Repre sentatio n of Non-Collusion. No official, officer, or employee of City h as any financial interest, direct or indirect, in this Agreement, nor shall any official , officer, or emplo yee of City parti c ip ate in any decision relating to this Agreement which may affect his/her financi al interes t or the fi nancial interest of any corporation, partnership, or assoc iation in which (s)he is directly or indirectly interested, or in violat ion of any corporation, partners hi p, or association in which (s)h e is directly or indirectly interested , or in v iolation of any State or municipal statute or regulation. The determination of "financial interest" shall be consis tent w ith State law and shall not include interes ts found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Co nsultant waiTants and represents th at it has not p aid or given, and w ill not pay or give, to any third party including, but not limited to , any City offi cial, officer, or employee, any money, consideration, or other thing of value as a 11 0l005.000 1129542 1.1 Rev 10/2018 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), 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. Con sultant 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 --- 8.11 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 thi s 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 , admini strators, successors and assigns of the parties. [Signatures on the following page.] 12 0 1005 .00 01 129542 1.1 Rev 10/2018 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written . ATTEST: Laura M. Nieto, Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Adrian Guerra, City Attorney CITY: CITY OF IR WIND ALE, a municipal corporation Albert F. Ambriz, Mayor CONSULTANT: WIN Structural Consulting Group, Inc. By: _____________ ~ Name: Title: By: _____________ _ Name: Title: Address: WIN Structural Consulting Group , Inc. 218 Ray St. Pleasanton, CA 94566 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the fo ll owing 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. 13 0100 5.00 01/29542 1.1 Rev 10/2 018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary publi c or other officer completing thi s certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfu lness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF --- On , 2020 before me, , personally appeared , proved to me on th e basis of satisfac tory evidence to be the person(s) whose names(s) is/are subscribed to th e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie s), and that by hi s/her/th eir s ignature(s) on the instrument the person(s), or the entity upon beha lf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under th e laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic ia l seal. S ignature: ______________ _ OPTIONA L Though the data below is not required by law, it may prove valuable to persons re ly ing on the docum ent and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY S IGNER D INDIVIDUAL 0 CORPORA TE OFFICER TITLE(S) PARTNER(S) D D ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL D D D D D GUARDIAN/CONSERVATOR OTHER ___________ _ SIGNE R IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01005.0001/295421.1 DESCRIPT ION OF ATTACHED DOCUMENT TITLE OR T YP E OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNI A ALL-PURPOSE ACKNOWLED GMENT A notary public or other officer completing this certificate verifies only the identity of the indi v idua l who s ign ed the document to which this certificate is attached, and not th e truthfulness, accuracy or validity of that document. ST ATE OF CA LI FORNIA COUNTY OF LOS ANGE LES On , 2020 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 acknow ledged to me that he /she /they executed the same in hi s/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 ce1tify under PENALTY OF PERJURY und er the laws of the State of California that the forego in g paragraph is true and correct. WITNESS my hand and officia l seal. S ig nature:--------------- OPTIONAL Though the data below is not requir ed by law, it may prove valuable to persons relying on the document and cou ld prevent fraudulent reattachment of thi s form CAPACITY CLAIME D BY S IGNER D INDIVIDUAL 0 CORPORA TE OFFICER T ITLE(S) PARTNER(S) D D ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL D D D D D GUARDIAN/CONSERVATOR OTHER ------------~ S IGNE R IS REPRESENTING : (NAME OF PERSON(S) OR ENTITY(IES)) 0 I 005.000 1/29542 1.1 D ESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DO CUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01005.000 I1295421.1 EXHIBIT "A" SCOPE OF SERVICES See Attached Proposal A -1 ~~WI"' ~ STRUCTURAL CONSULTING www.winstructural .com 218 Ray St Pleasanton, CA 94566 p 925.425.9862 c 415.652 .4511 Dear Mr. L ui s and Mr. Arsanious & 545 Sansome St., Suite #E San Franci sco, CA,94111 p 415.652.4511 R e: Irwinda le Recreational Center seismic Retrofit, Irw ind a le, CA OBJECTIVE: 09-01-2020 WIN Structural Consu ltin g G RP , Inc. (WIN) is pleased to present the current proposal to the C ity of Irwindale t o seismi call y retrofit and upgrade its rec reati onal center to meet a n Essential Facility C ri teria. This building o n ce upgraded will be an essential services building which as designed and constru ct e d s ha ll be capable of providing essential services t o t he public after a d isast er. The goal of this proposal is to pre sent the structural & MEP scope of work t o conduct seismic r etrofit d esign for the purpose of enha nc in g the bu ilding's existin g con dition. The code's s pecified performance le vel w ill be Imme diate Occupancy. WIN wi ll id entify upgrade con cepts that would improve the building's ri sk rating from "poor" t o "good a nd hi gher". A rough construction e ng ineering cost estimate that goe s along w ith the requested upgrade level will be presente d along with structural specifi cations for the project bidding purposes . PROJECT DESCRIPTION and APPROACH The buildi ng has a main rectangular-shape, with a two story portion (mezzanine) covered with a fl at roof at the center. The one st01y p erimet er with hig h ceiling is mostly used for r ecreational purposes. T he central po11ion a bo ve has a second sto1y w hich adds additi onal height t o the main hall below. T he Main Building roof consist s of wood framing s upp o11ed by wood lumber beams and supported at the exterior/int erior bays by steel co lumns . The roofs in general con s ist of wood framing w ith fl exibl e diaphragm m ade of parallel wood sheathing . Foundations for the building ar e expected t o consist of sha ll ow isolated or combined footing and grade beams run around the building 's perimeter, beneath the exterior walls a nd suppo11ing the m directly. ~~Wll'I ~ STRUCTURAL CONSULTING www.winstructural.com 218 Ray St Plea sa nton, CA 94566 p 925.425.9862 c 415.652.4511 & 545 Sansome St., Suite #E San Fran cisco, CA,94111 p 415.652.4511 The Main Building's in-pl ane stru ctural SLRS (for wind and seismic) force-resisting system cons ist of the flexi ble roof di aph ragm composed of straig ht wood sheathing, the second story is treated as a mezzanine or as a penthouse s upp orted on the first story. The in-pl ane forces wi ll transfer through individual steel columns a nd t o the gro und through unknown (E) foundations . Th e existing building lateral system is not con forming to c urrent co des and wi ll be upgraded to an essential facility. A ll diaphragms and o ut-of-p lan e wall anchorage and cross ties will be added to integrate the roof components to act as a complete diaphragm us in g sub-diaphragms and co ll ectors concept. In preparing our concepts for seismic upgrade, we wi ll co ns id er the pre sent (2019) Cali fornia Building Code (CBC) c riteria for in-plane and out-of-plane retrofit. In addition to ASCE 4 1, ASCE 7-16 guidelines for existing buildings retrofits/evaluation and t he 2020 Co un ty of LA municipal code and g uidelines will be followed as we ll . It has t o be hig hlighted that the first level of se ismic assess ment as presented in the "Focus" report did highlight t he o ut-of-pla ne and roof to wall tie in seismic re trofit and defi c iencies ho wever, a hi gher level of in-plane se ismic assessment will be needed as part of th e conceptual retrofit d esign in order to reach our occupancy goal. WIN w ill discuss with the C ity engineers the overall lateral syst em r etrofit and the existing foundations condition as well. New systems and foundation may be in stalled after the analyt ical s tudies. Therefo re, in the scope of work hereafte r we a lso inc luded a limited base condit ion asse ss ment as the work progresses. For the MEP aspect and approach for the project, retrofitting a n existing building can oftentimes be more cost-effe ctive than building a new facility. Since buildings co ns ume a s ignifi cant amount of ene rgy, particularly, for heating and coo lin g, a nd because existing buildings comprise the largest segment of the built environment , it is imp ortant to initi ate e ne rgy conservati on retrofits to redu ce energy consumption and the cost of heating, coo lin g, and lighting buildings. But conserving energy is not th e only reaso n for retrofitting existi n g buildings. The goal should be t o c re at e a high -performance bui lding by applying the integrated , w hol e-building design process, to the project during the planni ng phase that ensures all key de s ign objectives are met. For example , the in tegrated project team may d iscover a s in g le des ign strategy that wi ll meet multiple des ign objectives . Doing so wi ll mean that the building w ill be less costly to o perate, w ill in crease in value, last longer , and contribute to a better, hea lthi er , more comfo1table £1~WI"' ~ STRUCTURAL CONSULTING www. wi nstructu ra I .com 218 Ray St Pleasanton, CA 94566 p 925.425.9862 c 415.652.4511 & 545 Sansome St., Suite #E San Francisco, CA,94111 p 415.652.4511 environment for people in w hich to live and work. Improving indoor_ environmental quality, decreasing moisture penetratio n, and reducing mold all will result in improved occupant health and productivity. Furth er, when deciding on a retrofit, consider upgrading for accessibility, safety and security at the same time. Designing major renovation s and retrofits for existing buildings to include s ustainability initiatives will redu ce operation costs (our goal on this project) and environmental impacts, and can increase building adaptability, durability, and resiliency. SCOPE of WORK The Structural scope of work includes: • Review the available structural and architectural drawings. • Field observations, site visits and meetings w ith the City Staff, as required and upon City staff request. • Evaluate the building elements for vertical load (gravity) carrying capabilities, in addition to the seismic lateral and wind loads , in-plane and out-of-plane. • Perform a limited se ismic assessment in accordance to procedures of ASCE-31, Standard for Seismic Evaluation of Buildings to identify potential se ismic deficiencies with foundations. NOTE: Tier 3 Analysis will be part of this scope and will be conducted based on the c lient's request as the original repmt didn't include such a study. Again thi s data was not available in the received structural Focus repo1t. • Coordinate and conduct the Non-Destructive Testing for the existing foundation, a s needed. Determine the extent of foundation work retrofit. • Coordinate with the so il and Geotechnical engineer for the development of the response spectra (seismic loading curves) needed to upgrade the building as essential facility. • Evaluate the building to the criteria in the 2019 CBC, Chapter 34 requirements as applicable to existing buildings and buildings with historical elements. • Develop a REVIT 3D model and CAD files for the new lateral structural system and its integration with the main existing e lements and roof. • Evaluate and provide se ismic anchorage to existing non-structural MEP components in the building that can be a hazard to public safety in case of a seismic event, as an essential facility. ~•vv•"' ~ STRUCTURAL CONSULTING www.winstructural.com 218 Ray St Pleasanton, CA 94566 p 925 .425.9862 c 415.652.4511 & 545 Sansome St., Su ite #E San Francisco, CA,94111 p 415 .652.4511 • After de veloping an overall seism ic retrofit concept for the building, di sc uss with the City engineers two retrofit alternatives, before developing the final con structi on documents to obtain approvals. • Perform detailed structural analysis and desi gn for the selected retrofit scheme based on tentative City construction cost budget. Develop DD scheme (60% deve loped design) and a 90% CD (construction document). Then, submit 100 % construction document for permitting. • Respond to C ity of Irwindale and LA County the construction d oc uments and calculation comments to obtain the building permit. • Develop an engineering construction cost estimates for the se ismic retrofit design permitted . • Help the City engineers to evaluate bid sets, based on provided Structural and MEP s pecifications prepared by WIN and CLE. The MEP details and scope of work is included in Appendix A , attached here within. PROPOSAL FEES: These task s will be accomplished by WIN Structural Consulting Group, Inc. engineers for the Structural and Project Management portion. For the MEP des igns, CLE Associates will perform the design consulting work under WIN 's supervision and WIN will coordinate with all Consultants/subs the permit set packages . Any construction administration services will be billed based on T &M according to the fees schedule attached. The lump sum of these tasks described above for both (Structural + MEP) services will be of: One hundred and Nine Thousands and Five hundred and Ninety US$ ($ 109,590) We anticipate that the project time schedule is to be accomp lished in about 16-20 weeks. h1~VVI"' ~ STRUCTURAL CONSULTING www.winstructural.com EXCLUSIONS : 218 Ray St Pleasanton, CA 94566 p 925.425.9862 c 415.652.4511 & 545 Sansome St ., Suite #E San Francisco , CA,941 11 p 415.652.4511 1-The proposal does not include fees related to any new design request items other than the scope of work highlighted in this document or any fees related to value Engineering or planning exhibits. 2-The proposal does not include permit fees. 3-The proposal does not include hiring surveying company or GPR co. or testing agency to do any scanning, testing of components for the existing foundation or other building components. 4-The proposal does not include the development of site specific earthquake response spectra to be used in the upgrade analysis and design this will inquire hiring the geotechnical engineer/geologist as needed for this project, especially for specific essential facility earthquake loading. 5-The proposal does not include any site improvements or ADA upgrades. 6-The proposal does not include any continuous or detailed construction observation. 7-The proposal does not include As-built drawings after completion. 8-The proposal does not include shop drawings review presented by the cont ractor during erection, in case needed. In case yo u hav e a ny qu estio ns or yo u need a ny c la rific a t io n , please do not hesitate to contact us. Sin cere ly, Wassim Naguib, Ph.D., S.E., P.E. Principal -in-charge WIN STRUCTURAL CONSULTING GRP, Inc. T: 925-425-9862 C: 415-652-4511 ~ CLE CLE A Division of William Lilly & Associates, Inc. D1ifonii3 l.h ing & En rrgy sou~ mu 1.-MEP, IH.c HERS1£Sll'G &DESIGN \\rtMt . .-t.>f.u! Raio9 Com Northern California Office Job# 25717 JH 08/26/2020 Ceres, California 209.538.2879 Project: Irwindale , CA Recreation Center General Information: California Living & Energy 3015 Dale Court Ceres , CA 95307 Authorized Signer: Bill Lilly www.califliving.com Toll Free : 800.489.4110 Licensed Engineers in Mechanical , Electrical and Plumbing fields Southern California Office Riverside, California 951.471.1443 RE: With the limited amount of information and received reports regarding the project, this is a formal bid proposal to supply the following plans and support calculations per the contract terms as outlined below, and approved: CLE will be conducting the designs for this projects : Mechanical, Electrical and Plumbing using the 2020 LA. County codes and regulations. This bid must be signed by an authorized representative of the City. By signing , the Signer agrees to the terms and scope of the agreement, as set forth below. California Business and Professions Code 6749 . (a) A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. Th e written contract shall be executed by the professional engineer and the client, or his represe ntative, prior to the professional engineer commencing work, unless the client knowingly STATES IN WRITING THAT WORK may be commenced before th e c ontract is execu ted C:\Users\ws40\Desktop\lrwindale Recreation Center MEP BTD 8-26-2020 (2) -Copy .doc Page I I. Mechanical Design 1 Scope of Work: A. Cooling and Heating load calculation utilizing CEC certified software (Wright Suite Energy Pro) and approved calculation methods. B . Per CEC-400-2012-004-CMF-REV2 Section 150 .0(h) 1.A.B.C. Building heating , cooling loads and duct design shall be determined using a method based on any one of the following, at our discretion: a. ASHRAE Handbook, Equipment Volume or b. SMACNA Comfort System Installation Standards Manual c. ACCA Manual J, D and S C . FAU I AHU I Heat Pump location D. Condenser/Coil sizing E. Furnace I Condenser matching per EER/SEER F. Equipment schedule G . Register schedules H. Exhaust fan schedule I. Air balance schedule J . ASHRAE 62.2 prescriptive exhaust duct sizing K. ASHRAE 62.2 whole building ventilation calculation L. Room to room CFM's M. Basic duct lay out and sizes N. Details & Notes 0 . Jump ducts and/or transfer grille per Builder requirements Scope Exclusion: The following items are not included, but can be provided at additional charge, please mark and initial if included: DDryer vent ducting & calculations (dryer duct vent calculations can be provided for an extra charge). We will provide mechanical engineering stamped dryer vent calculations for an additional cost of $175.00. The package will include an 8 % "X11" dryer vent calculation for preliminary review. When final review is agreed upon, the dryer vent calculation will be printed on a bond copy D Line Set s-Sin g le line drawings for condenser line s. 0 Co nden sate d rain-Sin g le lin e drawings sh owing conden sate drain termination. D Calculations and sizing for differential pressure zones , or specialized spaces beyond admin requirements. D Structural calculations for roof, or wall hung equipment loads for permanent or modular buildings. Assumptions: • Builder will provide design preferences. • Auto-Cad backgrounds of floor plans will be supplied in DWG format. • Structural plans will be supplied in PDF . • Architect will provide condenser unit locations. CLE will begin generating designs with the plan set deemed by the builder and or architect to be complete. Mechanical design will be according to the 2020 L.A. County codes and specifications. C:\Users\ws40\Desktop\lrwindale Recreation Cen ter MEP BID 8-26 -2020 (2 ) -Copy.doc Page2 II. Plumbing Scope of Work: A. PROVIDE POC, FOR SEWER, WATER , AND NAT GAS. PROVIDE ALL CALCS , PIPE SIZING, AND MATERIALS REQUIRED PER CODE. B . Assist in the location of cleanouts , within 5' of the proposed build ings . C. Prepare plumbing plans, based upon the prelim ina ry drawings, showing water, drain , venting , and se w er lines for the proposed units in conformance with the California Plumbing Code . Said designs to be submitted to the Architect. D. If major revisions in the unit mi xes and buildings are desired, then the changes will be provided as an extra work item . E. Gas plumbing plans to be prepared in coordination with the civil engineer. F . Hot and Cold Water, Waste , Vent and Drain and Gas designs and drawings per unit and or by building according to best practices, at our discretion , and floor plans required by the Authority Hav ing Jurisdiction (AHJ). G. CLE 's scope of work begins at 5' from building footprint and continues into t. H. Confirm rele v ant size, capacity and pressures to point of connection (POC) for water and waste plans . I. Water cal culations will be performed to estimate pressure losses from point of conne ction where pressu res are obtained to the building and or units POC and separate calculations will be performed for the buildings and or units to support building and or wate r designs and sizing . J . California Living and Energy will not be held responsible for inadequate water pressu res available to designed buildings . It is the responsibi lity of the builder and or contractor to assure adequate pressures are available up to 5 feet from the structures . K. Gas plans begin at the POC to the unit gas meter. CLE will provide a gas meter closet layout as required , however the closet drawing is provided as a supporting document to confirm adequate spa ce is available and to support riser s izes from the meters to the individual units. L. CLE 's plumbing designs will be done according to the builder's choice in materi als and preferences, i.e . PEX manifolds-homerun or truck and branch design, etc. It is the responsibility of the builder and or contractor to insu re all materials specified are acceptable to the AHJ and are in compliance with all appli cable codes. M. Plan check comment responses to obtain approval. Scope Exclusion: The following items are not included , but can be provided at additional charge , please ma rk and initial if included: D Site water design and or booster pump design . D Isometric drawings for: D Domestic Water D Waste I Vent D Gas D Any sizing and calculations for anything greater than 5 ' from building footprint. D Sizing of main water or waste lines up to point of connections. Design or cal c ulations for fire suppression or landscape. Water calculations will not include demands or pressure losses due to fire and or lands caping . All gas meter design s izing and meter closets are the responsibility of utility co . Assumptions: • Builder will specify materials to meet local ordinances , and design preferences . • Auto-Cad backgrounds will be supplied in .DWG format. • Joint Trench or Joint Trench Intent plans will be required. C:\Users\ws40\Desktop\lrw in dale Recreat ion Center MEP BID 8-26 -2020 (2) -Copy.doc Page 3 • Coordination I conflict avoidance of point of co nnections will be handled by Joint Trench and Civil Engineering teams. • Available water pressures are obtained through sources deemed reliable. Plumbing design will be according to the 2020 L.A. County codes and specifications. Ill. Electrical Scope of Work A PROVIDE POC AT TRANSFORMER , SINGLE LINE DIAGRAMS , PANEL SCHEDULES , W IRE SCHEDULE, AND LOAD CALCUAL TIONS . B . Bu ildin g's Un it Panel Schedules. Builder must provide desired panel lo cation s . C. Building Load Calculations, including pane ls and site lighting remote panels for building . D . Whole Building Single Line El ectrical Diagrams , with Utility closet overhead details and grounding detail drawings as needed . E. Vo lta ge drops and short ci rcuit calculations as required to meet jurisdiction requirements , for the building. F . Electrical Design Sheets Stamped and Signed by Electrical Engineer, or Architect. G. Research , contact power suppliers , Telephone Company and the Cable T V providers. Obta in points of connection from said utilities for said project. Client to provide j oint trench plan (see D.). H. Assist in the location of meters mains , telephone terminal and CATV locations . I. Based upon the mechanical equipment select ed (heat pumps, air conditi oning ventilation , etc., the appropriate disconnects and circuiting wi ll be delineated. J . Design a nd draft electrical engineering plans based upon background drawings provided by others. This includ es civil site plans in c luding topography, base unit floor plans and e levations, build ing sections, building plans , joint trenching , et c. K. Prepare electrical sitemap and load calcu lation sheets req uired for AM P application I A IC Letters as needed. L. Plan check comment responses to obtain approval. M. Design the electrical s in g le line for the new emergency generator, including getting approvals from LACFD , Air Quality Management District and satisfying noise requirements. Scope Exclusjons The following items are not included , but can be provided at additional c harge , please mark and initial if included: D Electrical C loset Elevation diagrams. D Overall Lighting Floor Plan layout wit h plugs and lights refl ected. D Site lighting a nd photometric analys is. Any s ite li g hting t o inclu de mailb ox, common areas , and pa rk ing lot lightin g. D Any calculations for electrical systems beyond 5 ' feet from the building structure. • Structural or seismic fees req uired for anchorage calcu lations by electrica l equipment, systems and supports. • Utility company point of connections . • Joint trench design and coordinat ion . • Security system design , or fire alarm documentation for submittal to local fire department. • Fiber optics room or the cond uit brought into the room and into the building . Assumptjons • Builder w ill defin e locations of e lectrica l c losets in th e building. • Joint Trench or J oint T ren c h Intent will be provided by Builder/Dry Utiliti es . Electrical design will be according to the 2020 L.A. County codes and specifications. C:\Users\ws40\Deskto p\Jrwind ale Recreati on Ce nter MEP BID 8-26 -2020 (2) -Copy .doc Pa ge 4 Estimated Timeline -Example RECEIVED SIGNED APPROVAL TO START REC. BID PROPOSAL SIG NED (CONT., CO, PO) PREF SH T SIGNED BID START TITLE 24 REVIEWHVAC REQUEST NEED BU ILDER TO SIGN DATA SHT. ANDTO SIGN REGISTRY PRINTCALCS ESTIMATED TIM EUNE STARTING Sept. -3 DELIVER TO l--"*--~~-~:__---:;;o1..,------,,,0L.::--__:~--....,.j,.,...--__;;~--......l.:--s_ee..::!La~-2:::.:..1 _-l BUILDER Sept-24 Sept-18 FOR 2000 SQFT RESIDENCE Sept-4 Sept-11 VI. Compensation BAC KGROUND CLEAN UP REC. 90% FULL SET OF ARCH .AND STRU CT. PDF & CAD Sept-12 SEND DATA SHEET Sept-14 START DESIGN REC. STRUCTURAL COMPLETE DESIGN SEND HVAC4 INPUT Project does not include allowance for any of the following , which may or may not be applicable to the Finalization of this project, due to Governmental Agency Review, Mitigation Measures , Major Changes and/or Project Co nditions of Approval. Said fee estimates have been based upon preliminary plans and final drawings will be based upon updated plans being submitted to CLE. A. Changes to designs after CLE has begun it work, including but not limited to new background clean-up, changes in material or building preferences or c hanges to the plans that require redesign may create additional fees. B. Any client revisions defined as any request to add , remove , replace , or reposition any part of the designs after the designs have been submitted to th e building department for plan check, will incur additional fees . C. Attendance at 2 meetings , for Mechanical , Electrica l and Plumbing Consultation is included . D. Extra work on other mechanical systems, consultations, and meetings will all be performed on an hourly basis at the following rates: 1. $125.00 per hour Professional Engineer 2. $75.00 per Hour Drafting Services 3. $55.00 per Hour for Clerical I Administrative Services 4. Travel Expenses at 40 cents per mile. E. Reimbursab le fees not implicitly listed on this contract are not included, and may require add itional fees to be billed to the client. F. Unforeseen Governmental Agency Fees or Actions , which may be applicable. G. County or City Checking Fees , unless otherwise noted , utility charges for engineering . H. Blueprinting , Postage , Mileage , site visits , plan reproductions or scanning . I. Trial or deposition fee $250 .00/hour with a two hour minimum. J . Prel iminary Title Report , building and site plans and Conditions of Approval. K. Electronic copies of the building and civil drawings , copies of equipment cut-sheets , including electr ical and HVAC equipment, ventilation devices, including bathroom and kitchen fans is required . C:\Users\ws40\Des ktop\Irwin dale Recreation Center MEP BID 8 -26 -2020 (2) -Copy.doc Pages ~ CLE Califonii a l.h ing & [nl'rgy Slllil,llll!2' Ul '.ICCC HUSl!Sll"l0£SIC' CLE A D ivision of William Li ll y & Associates, Inc. Northern California Office Ceres , California 209.538.2879 www.califl iving.co m Toll Free: 800.489.4110 J ob # 25717 JH California Living & Energy Information Needed To Begin A Project El ec., Mech. (A/C), Plumbing, Sewer Southern California Office Rive rside, Californ ia 951.471.1443 If the building attic space, chases, FAU closets, A r chit ectural layout, win dow s i zin g , footprint , or o v er all square foot is r evised after w e begin, there will be an addit ional fe e to rev ise ou r tit l e-24-whic h resu lt s i n re - cal c ulation, s iz ing, and d esign ; specifically the mechanical system . 1. Complete Architectural CADD DWG Drawings, finalized ODs at a minimum , reflecting room assignments, SF, scaled complete layouts, mech rooms , chases, FAU platforms or closets. 2. Complete structural drawings-we can make an exception for single stories, if approved. 3. Elevations with window sizes and shading for T-24 energy ca lcu latio ns. 4. Structural sections for attic spaces, floor joists and ce iling heig hts. 5. Complete floo r plan with all appliances, equipment, and t heir capacities for gas, electr ic, water, condensate & waste; any desired task lighting and a lso decorative or proposed lighting. 6. Complete site plan with a ll d ry and wet utilities, transforme rs, boxes, wa lks , pools, meters , manho les, water service, and f .h. Locations , game areas for outdoor lighting, telep hone, catv, fiber optics, long service ru ns, and parking. 7. Specialty items: kitchen appliances, washer, dryer, water heater, pool/water feature equipment, signage, game courts or special landscaping. 8. A completed list of utility representatives (see below). 9. Time schedule: upon receipt of complete architectural, civil , dry utility joint trench , structura l d rawings; list of accoustic, pool , landscape & also kitchen consultants. We will need about one to three weeks after receiving the final information in order to complete our design, drafting & plan production work. A formal completion schedule will be given after our initial plan review. UTILITY REPRESENTATIVES UTILITY REPRESENTATIVE PHONE GAS ELECTRICITY TELEPHONE CATV CITY BUILDING CITY PLAN CHE CK ENCROACHMENT PERMITS CITY ENGINEERING U.S.A. JOINT TRENCH LANDSCAPE PLANS FIRE MARSHAL BUILDER ARCHITECT FIRE SPRINKLER C:\Users\ws40\Desktop\lrwind ale Rec reat ion Ce nt er MEP BID 8-26-2020 (2) -Co py.doc Page 6 EMAIL ADDRESS 0I005.0001 /295421.1 EXHIBIT "B" SPECIAL REQUIREMENTS NIA B -1 EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform the requ este d services on a time-and-materials basis as set forth in the Scope of Services in accordance with the following h ourly rate schedule, but not to exceed the Contract Sum of $10 9,590.00. The Contract Sum i s inclusive of a ll costs and fees for labor, equipment, and m ateri al s of any kind utili zed by Consultant to complete the services under this Agreement. Consultant shall not be entitled to any other c ompen sation or reimbursement of expenses beyond the attached hourly rate for performance of services under this agreement. Consultant shall charge the attached hourly rate for any additional work performed that is authorized by the C ity in writing . 0l005.000 1/295421 . l C-1 _A---WIN ~ f; m uCTURA.I. CO r\I SUL:1'11'1t:; 2 18 Ray St, Pleasanton, CA 94566 &54 5 Sansome St., suite #E , San Franc isoo , CA 9411 1 fee Sch edule and P aYment Te rms Hourly Billing 2020-2025 Regular Rate-Personnel Categor~· (S per how·) Prmcipal ....................................................................................................... $264-290 .Associate Prin cipal ./Consu ltant ........................................................................ $2 25-24 7 Project 'Management Consultant.. ..................................................................... $186-105 StajJ Co11s11ita11L ........................................................................ _ .................. $1 75-192 Sel1ior Staff Engineer ......... ___ .......................................................................... $160LJ 76 Stcdf Engineer ............................. ___ ... ___ ......................................................... $145-160 Project Engineer ............................................................................................ $1 25-l 38 Seltior Drqjter (BI!f Techni cian) ..................................................................... $145-160 Drafim· ................................... ___ ................................. ___ ·-···-............ ___ ......... $! 25-138 Project Administrator ..................................................................................... $86-95 Engineering Aid .............................. __ ......... __ ............................................... $71-80' 0Ye1·tiine Rate Rate increased by factor of 1.0 (Straight Overtime rate.) for all hours worked in excess of eight (8hrs ), Monday through Sunday. All emp loyees are required not to work more than 70brs a week. 1\Iiscellaneom Automobi le compensation is based on IRS standard Mile.age Ra te + 15% Reproduction • In-house costs for l ong-distance telephone, faxing, postage, printing and copying will be billed at .............................................. proj ect labor charges x 10% • Plotterusage ............................................................... $1.20 /Sq. ft. Sub Contract Labor \VIN might retain outside professi.onal on part-time temporary basis to meet peak worltloads. Su ch contracts will be fo llowing the regular rates as pub lished above. Terms Billings are payable upon presentati on and/or past due at a ma.'illlmm of 30 da:y.s from in\ioice date. A :finance charge of 1.5%/month , or the maximum amount allowab le by law \Vill b e charged on past due accounts . WIN will m .. 1ke no \Varranty, either e.xpressed or implied, as to its finding s recommendations , specifications, or professional advice except that all wo rk is prepared according to generally accepted and professional engineering practices. WJN Stnictural Consulting Group~ inc. Cell: 415-652-4511 e m ail: nrinaquib@winstructural.com 0I005.0001 /2954 21.l C-2 CLE ~ CLE A Olvtslon ol Wlli9m Li iiy & Auoda~ Inc . Job# 257 17 JH 0812612020 Win Structura l Coo sull lng Group 2 18 Ray St Pleasanton, CA 94583 925 ·359 -32 7 1 Hotthem ce11toml1 ONlee Ceres , C.llloml t 2095382879 Projec t · Irwind al e, CA Rocma tion Center -•ca•1ti.1ni.com Toll Frw 800.489 4UO Soull1•n C.lllornla Otnce- R1\'ertld11 . C4l l0tnJa 951 '471 1443 RE: With t ile limited am ount o f information , subje<:t p r.ci ng ca n b e allere<I If ne e<! be when w e reco ivo more i nformatio n regarding the p roject Tlus 1s a formal bid proposa l to supply the f ollowing plans and support calculations p er the contract terms as outlin ed b elow, and approved· Construction Drawings Projec t M an agem ent Plans, De t ails a nd Cilcs Si t e M ee ting s• (1 req ul red) Bidding Bid Walks • {ass ume 21 Pr e bid Que~t lo'ls /Issue Ad d endu m ~ Con1tructlon Pr o ject M anag em ent Site Meetings • a! needed RF I ~ Subm lltJl5 F le ld Cha f'tCS Record Drawings Record drawings M ech Engtrteer Drafte r Aate $145 :.1q!J S65 $14S $14'> $145 $14 5 Sto.15 $145 MPc h EnglnPe r $1 45 Dro/t t!r S6 5 ~~~~~~~"--~~~~~~~~~- Th is b id m u st be S'9 n ed by an au thori zed rep rcse ntallvo o' the bu il de r By signing, the Sig nator agree s to th e 1er m s and t.e0po of th e agrcomon t, as s et fo rt h below Kind Re gard s, J ohn Hutson C ali.1 or nia e ui.ne &s ard Pro !ess.001> Coel e 6 749. (;!>A profess .oral ~r>gU10 er sh a·1 use a 'Mi tton conlrllci whM c:on u, d.ng lo pr o'llde p •o ~s .Ot\ill e ngin eering s.eNICe$ lo a c:ient pu !luar l lo 1h1s cna pter The wr nen c:cnt rac l sha ll te exewted by lho pro'.("S :sional orvm"r and JM dlt1nl or hi s rc p1 c ~o rl hll~. p1 lor l a the pro1e »loonl engot'.eer commen ong v.oni . uroe u thl! clenl knowing)' STAT F.S IN \11/RITI NG THA T\IVOftK m.'!Y be commc rr...ed bclOfll the cor~r act Is execu ted L' •u s r 11 "~O 0 1~1<>r lm n tlJ 'oe R ~11:nll ~~ Cc111.c1 MrP n m ,.l~·202•1 rl > • C'~I'" ~"' Pa&c I 0I 005.0 00 11295 42 1.1 C-3 EXHIBIT "D" SCHEDULE OF PERFORMANCE Unless earlier terminated in accordance with this Agreement, the Agreement shall continue in full force and effect until completion of the project, or within five (5) months of the contract execution date, whichever comes first. The term of this agreement can be extended for a twelve- month period with written notice issued by the City Engineer. Consultant shall ensure the project remains on schedule. 01005.00011295421.1 D-1 IZI City Council DSuccessor Agency 0 Housing Authority 0 Reclamation Authority DJoint Powers Authority Date: September 23, 2020 Cttyef IR VVINDALr.. AGENDA REPORT To: Honorable Mayor and Members of the City Council From: William K. Tam, City Manager CC Item 2B Issue: Appointment of a Parks & Recreation Commissioner to Fill an Unscheduled Vacancy for a term expiring December 31 , 2022 City Manager's Recommendation: Adopt Resolution No. 2020-75-3235 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING A MEMBER TO THE PARKS & RECREATION COMMISSION OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY" reading by title only and waiving further reading thereof. Administrative Action: Submitted by: Laura M . Nieto, Chief Deputy City Clerk (626) 430-2202 Reviewed by: Adrian Guerra, City Attorney Reviewed by: Eva Carreon, Finance Director I City Treasurer Approved by: William Tam , City Manager Electronically Approved Page 1 Background and Analysis: At the meeting of August 26, 2020, the City Council adopted Resolution No. 2020-65- 3225 , thereby removing Jason Hickman from the Parks and Recreation Commission. This action created an unscheduled vacancy on the Parks & Recreation Commission for Mr. Hickman's term, which expires on December 31 , 2022 . In accordance with California Government Code 54974 (a) "Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation , death, termination , or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency , on either the local agency's Internet Web site or at the library designated pursuant to Section 54973 , and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission , or committee shall not be made by the legislative body for at least 10 working days afte r the posting of the notice in the clerk's office ." On Monday, August 31st, the City Clerk's Office posted a Notice of Unscheduled Vacancy for the Parks & Recreation Commission at City Hall, Library and Post Office and sent a Citywide mailer to all residents advertising the vacancy. The deadline for submission of applications was Wednesday, September 16th at 6 :00 p .m . The following individuals timely submitted applications for consideration of appointment to this vacancy and are listed below by the date received in the City Clerk's Office: Robert Gallegos Carmen Roman Caroline Acosta Carol Hernandez Monica Romero Sylvia Jaramillo Paulette Devera Linda S . Marez Johnny Maximo Leon Jr. Ruben Tapia Vincent Armendarez Note, pursuant to Resolution No. 2020-60-3220 the City Council may consider late applications submitted as of September 16, 2020. The City Council did not receive any late applications. Per IMC section 2.28.020 (E), "Vacancies to the commission shall be filled by the council in the same manner as new appointments are made, except that such an appointee shall serve only for the unexpired term of the person whose seat he/she has been appointed to." Page 2 Fiscal Impact: There is no fiscal impact associated with this action . The stipend paid to Commissioners is budgeted for FY 2020/21. Attachment(s): • Resolution No. 2020-75-3235 • Submitted Applications 01005.0001/663867.1 Page 3 RESOLUTION NO. 2020-75-3235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING A MEMBER TO THE PARKS & RECREATION COMMISSION OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Irwindale Municipal Code Section 2.28 .020, the following person is appointed to the Parks & Recreation Commission of the City of Irwindale, to fill an unscheduled vacancy with a term expiring December 31 , 2022. Section 2 . The Chief Deputy City Clerk shall certify to the adoption of this Resolution and shall transmit a certified copy thereof to the newly appointed members . PASSED, APPROVED, and ADOPTED this __ day of __ 2020. ATTEST: Laura M. Nieto, MMC Chief Deputy City Clerk Albert F. Ambriz, Mayor Resolution No. 2020-75-3235 Page 1 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura M. Nieto , Deputy City Clerk of the City of Irwindale , do hereby certify that the foregoing Resolution No. 2020-75 -3235 was adopted at a regular meeting of the Irwindale City Council held on the __ day of September 2020 , by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Resolution No. 2020-75-3235 Page 2 Laura M. Nieto , MMC Chief Deputy City Clerk APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: Parks & Recreation Commission SEP 1 1 2020 CITY OF IRWINDALE CITY CLERKS DEPT. (print or type name of~ Board or Commission) Name: Robert David Gallegos Address: 16015 Martinez St., Irwindale, CA 91706 Occupation: Departmental Civil Service Representative Emp loyer: Los Angeles County Probation Department Address: Probation Headquarters, 9150 East Imperial Hwy, Downey, CA 90242 Home Phone: Business Phone: (562) -=9=40,._-=31=2=9 ____ _ Years in Irwindale: 'I Registered Voter? _Y_e_s _______ _ Educational background / degree: Associate of Science, Administration of Justice Licenses or Special Certificates: _P_le_a_s_e_s_ee_a_tt_a_c_he_d_. _______________ _ List any Irwindale, Los Angeles County, or other City committee, board or comm ission on which you presently serve or have served, and the year served. _N_on_e ______________ _ Please answer the following questions completely What are your reasons for wanting to serve on the Bo~rd or Comm ission? (Use additional paper, if necessary.) Please see attached. Why do you feel that you wou ld make a good Board Member or Commissioner? (Use additional paper, If necessary.) Please see attached. Have you applied for a City Board or Commission before? Yes __ No ~ If so, which one? --------------------- T IC!ry Clerk's OrncelFOllllS\Appllcation ror Appo1nunent to Board or Cormusion doc Application for Appointment To Board or Commission Page2 Abilities, exper iences, and interest which you believe wou ld contribute to your partic ipation in municipal government: Please see attached . PLEASE INCLUDE A RESUME. IF AVAILABLE Signature: ,:~ Date: ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION . Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 If you have any questi ons. Licenses or Spedal Certificates: • Administrative Hearings & Labor Arbitration • California Police Officer Standards and Training Supervisory Certificate • California Police Officer Standards and Training Advance Certificate • California Police Officer Standards and Trai ning Intermediate Cert ific ate • California Police Officer Standards and Training Basic Certificate • Riverside Co unty Po lice Background Investigations • Rio Hondo Police Academy What are you reasons to seNe on the Board or Commission? I want to give back to the community I live in and actively be involved. I have five children that benefit from Irwindale Parks & Recreations and its services: swimming lessons, Kids' Zone, school bus, and park sponsored activities. Why do you feel you would make a good Board Member or Commissioner? I have a vested Interest in the successes of Irwindale Parks & Recreations, since I have five children that utilizes the Park's facilities and services. My 23 years' experience working in government in the County of Los Angeles has provided me with knowledge In analyzing problems and making recommendations for solutions. I have leadership experience as a former Police Sergeant . I also have experience in working in committees representing the County of Los Angeles (Joint Labor Management Committee ). Abllltles, experience, and Interest you believe would contribute to your participation In municipal government: I have 13 years' experience of providing law enforcement services to Parks & Recreations for the County of Los Angeles (L.A. County Park Police/Office of Public Safety), including in the City of Irwindale at Santa Fe Dam. I have vast knowledge of crime prevention and public safety for Parks & Recreations. I also have the ability to work with the community and build relationships to help resolve concerns and problems. WORK EXPERIENCE: Robert Gallegos 16015 Martinez St. Irwindale, CA 91706 (626) 766-5040 Pocopero20@gmail.com Los Angeles County Probation Department, Performance Management Payroll Title: Departmental Civil Service Representative 12/2018 to Present • Prepare letters of discipline from substantiated Internal affairs inve stigations. • Review written, video, photographic, and audio evidence. • As a subject matter expert, provide recommended discipline levels and other solutions regarding discipline to decision makers. • Represent the Dep artment during Skelly meetings. • Write settlement agreements on behalf of the Department. • Monitor cases sent out to private counsel or OHR Advocacy. Los Angeles County Agricultural Commissioner/Weights and Measures, Performance Management/Employees Relations Unit Payroll Title: Senior Departmental Personnel Technician Payroll Title: Management Analyst (out of class bonus for Sr. DPT) • Manage the Performance Management and Employee Relations Unit • In the absence of the HR Manger, act as the lead over HR. 2/2015 to 11/2018 6/2014 to 1/2015 • Conduct administrative Investigations regarding misconduct, prepare investigation reports, interview subjects and witnesses. • Prepare letters of discipline . • As a subject matter expert, provide recommended discipline levels and other solutions regarding discipline to decision makers . • Represent the Department during Skelly meetings . • Represent the Department on all matters pertaining to labor-union including grievances, Joint Labor Management Meetings. • Represent the Department during union contract bargaining. • Reasonable Suspicion Officer including Drug and Alcohol -Free Workplace Policy enforcement, Employee Assistance Program . Los Ange les County Public Health, Performance Management Payroll Title: Management Analyst Payroll Title : Administrative Assistant Ill Payroll Title : Adm inistrative Assistant II 2/2014 to 5/2014 6/2013 to 1/2014 9/2010 to 5/2013 • Conduct admin i strat ive investigations regarding misconduct, prepare Investigation reports, interview subjects and witnesses. • Prepare letters of discipline. • As a subject matter expert, prov ide recommended discip line levels and other so lutions regarding discipline to decision makers. • Reasonable Suspicion Officer including Drug and Alcohol-Free Workplace Policy enforcement, Employee Assistance Program. Los Angeles County Police/Office of Public Safety Payroll Title: Police Sergeant Payroll Title: Police Officer/Background Investigator Payroll Title: Police Officer 6/2007 to 8/2010 8/2006 to 5/2007 12/1997 to 7 /2006 • Sergeant: Superv ise po lice officers and civilian staff, complete annual PE's on officers, investigate personne l complaints, approve police reports, monitor training compliance. • Background Investigator: Conduct police background investigations on police applicants . • Police Officer: Prov ide for public safety by maintaining order, respond to emergencies, protect persons and property, enforce vehicle and criminal laws, and testify in court. EDUCATION: RIO HONDO College Associate of Science, Administration of Justice, December 2009 PROFESSIONAL CERTIFICATION: • BPAT Advocacy Training • California Po li ce Officer Standards and Training Supervisory Certificate • Ca lifornia Police Officer Standards and Training Advance .Cert ificate • California Police Officer Standards and Training Intermediate Certificate • Ca lifornia Police Officer Standards and Training Basic Certificate • Riverside County Police Background Investigations • Rio Hondo Police Academy References Available Upon Request RECEil \ lf SEP _y(f 020 CITY OF IRWINDALE CITY CLERKS DEPT. Q C:rr'/ u/ d , fO pv ·s;.t APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: fftR.,f{ MJ J?bt/(J{AfllJN (print or ty pe name of one Board or Commission) Name : Add ress : Occupation : R £Tf&-Ei) Employer: Address: Home Phone: (~ ~) 5?t 3.-6 3t/-it; Business Phone: ( ) _____ _ Years in I rwindale: --=1.. ...... 2f2.......__ ____ _ Registered Voter? ___,_Y--=£=-=S'------- Educational background I degree: H /&H YWDL fdZA D 6LM fr1ft:{\) DF.D CD Li EG-£ Licenses or Special Certificates : ~1£Df!J£~'~J<6l~'iff~fZ_ io l)oM£$17C \[IDLEA)CE List any Irwindale, Los Angeles County , or other C ity committee , board or commission on which you presently serve or have served , and the year served . J:Rwll\l,DALl 'p/ &~H.l!tU& fA>MM\S51DtJ :ID ID .-Jo 11 i\?Po\NJm t\t;fv\Y>filcJ MliSRttvUHif<:xwz:e~s n'itRS ·1G-ttf et>HM tfrEGJ tvf{R.ENT Please answer the following questions completely What are your reasons for wanting to serve on the Board or Commission? (Use additional paper, if necessary.) I 9M t&fhM I f[fJ) :V 11± JS f!dTY AND ~Mt1J.5SJ!JAl 1TI'2 LUORk 61\[ A TEft/'1 J 1fl+T i+RS ITS RE51 DEN15 ttT /d1;13 81: Tb 11cDVlD£ nl£ f?£5T £ARkNWl 'R£lBtBnPN f'RoGttAln) {tAJj) DfPD1?.JVN mES .. Why do you feel that you would make a good Board Member or Commissioner? (Use additional paper, if necessary.) J:: 1fAVE G'J..?tsR 1€NCE IN A YioA@jl'l>i1MJ5S11JtJ Sill/NG-!+Ali> \-)A V£ ttlG:H \WJERE~T ltJjR/5 fl?.D&&r/VI ,._L frh1A-6l£11> BALftlJ[',.£ fr fAlRf\\tSS rFD~ALL -A1fl11JD£; fftRTiufft J7/J N ·11-1R,otJ6H 4 GEIJtfi,AgoAJs, Have you applied for a City Board or Commission befori7 YesX__ No If so, which one? fJ-Jt ·JJAJ /NG-CJ>H/v/155/tJ/J T:\City Clerk's Office\Forms\Application for Appointment to Board or Commission.doc Application for Appointment To Board or Commission Page2 Abili ties , ex periences , and interest w hich you believe wou ld contribute to yo ur parti ci pation in mu nicipal government: :J: HA-VE-WDRKB) ~Rr>V lDI/¥ SER VI CES 1b ~El>PlE OFP 0-U .fl-G-£5 -IHJ.D ALL e'B1LcnEs oveg, :I.5 Y£tt RS) wDRJ<En oJ :JE m/\J&s GlJllEME:D BV LoCl1 L-f£Dt:RAl. urws.t: 1*ll6lfe (J/{1::A-f!Vfl'/, E/tMtL Y f.l/FIJ151<;txJ ALIZAT12N Af<£ l<EY's '1b s \JcLe55.- PLEASE INCLUDE A RESUME, IF AVAILABLE Signature: Date : 1/ 11 /,:u;dl> ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. RECEIVED lt.\ s.1, SEP }'4l 2020 , cm OF IRWINDALE 0 City ,,_r CITY CLERKS DEPT. tVV' ,,?1' . ~"~ $L APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: t?e c r e a f /D!t ' (print or type name of one Board or Commission) Name: H eosfCL-- Address: ~·I- Occupation: Employer: Address: ~(!2-():, Home Phone: ) . d---~ I ~ S-0 s;q Business Phone : Years in Irwindale: 7 {) Ye.Al! V'S Registered Voter? -~),__i _e._g ______ _ Educational background I degree: lt/.~ JI\._ Sc)i 12 ~.j ·-! 9-fz,;_ @: (-CLJ<e--- Licenses or Special Certificates: {!I l /ZJ2~ tJ .9 +A'€ y · ea v I er q( ~ List any Irwindale, Los Angeles County, or other City committee , board or commission on which you presently serve or have served, and the year served. _.__Y\_o..__Y\_e.,,=------------- Please answer the following questions completely What are your reasons for wanting to serve on the Board or Commission Commission? (Use additional paper, if necessary .) 5e-<Z a·±t11 c.---h eo f :;;A ae-± Why do you feel that you would make a good Board Member or Commissioner? (Use additional paper, if necessary.) ,qee a·da c..he.-J gh <e-et Have you applied for a City Board or Commi~sion before? Yes____)( No If so , which one? Rec f ()a +I lJ n_., T:\City Clerk's Office\Deputy City Clerk\Application for Appointment to Board or Comm ission.doc Application for Appointment To Board or Commission Page 2 Abilities , experiences , and interest which you believe would contribute to your participation in municipal government: ~ eR atfa~h eef &hc.e.q__.;C PLEASE INCLUDE A RESUME, IF AVAILABLE Signature : Date : ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Deputy City Clerk at 626-430-2202 if you have any questions. What are your reasons for wanting to serve on the Board or Commission? Being able to serve on the Board or Commission will give me the opportunity to give back to the people and City of Irwindale. In this position, I will also have the ability to serve the needs of the residents. Why do you feel that you would make a good Board Member or Commissioner? In order to be considered a good Board Member or Commissioner, one must be required to communicate well with their colleagues . By having 23 years of experience with working in the Recreation Department, I feel that I have great cooperation skills which can help us strive for a better community. I would also be willing to involve myself in community events and work as a volunteer. I am also retired and want to start a new "career" in helping our community and serving actively on a board would give me meaningful work with a flexible schedule . Abilities, experiences, and interest which you believe would contribute to your participation in municipal government: I have worked 23 years in the Recreation Department as a Recreation Leader and Supervisor, and as a leader, I want to share this skill. I am familiar with the type' of programs the Recreation offers and with the Recreation staff. I have worked well with them in the past and look forward to working with them more in the future to better our community. REalVED ( u.?~{11 t,. ~ SEP 1 4 2®20 }Jl ClTY OF IRWINDALE CITY CLERKS DEPT. APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: Name: Address: Occupation: Employer: Address: Home Phone : (j~ O L\ 1 ,.. '5 ~ 4 \ Years in Irwindale: c) 5 ~ Educational background I degree: Business Phone: ) ______ _ Registered Voter? -\{-+-"e_._..S..___ ____ _ Licenses or Special Certificates : __._l __ '-'\._\),.._:(,----.~O.,,,.._,.C .... /J. .... ~=""-'-"-------------- List any Irwindale, Los Angeles County, or other City committee, board or commission on which you presently serve or have served, and the year served. vo. J( k:.. ..,i. f(.ec_ Jtt'..O:h~~'"Y\ d-0 Od--02-0 t \ Please answer the following questions completely W h at are your reasons for wanting to serve on the Board or Commission? (Use additional paper, if " necessary.) ~-wo~d ,Q~dn -~o. pGtcl ~·ho. ~ ~\SSi&-rvt) ---b \ao CY'\~ ·pa.A~ o·f ·~ J2-e.c_, • .s(~ -~·--lk pc~4-n.ec11ga·!iru rOow.. pa"-!'c &-Rab'>ZJ un ~ 6~ ()(\_~CV'WJ · Why do you teel that you wou ld make a good Board Member or Commissioner? (Use addition al paper, if necessary.) J <2.M L< ~ 03<z)~g.,[2 t-,.{J._ ~ ~ o i! o ~oW Cl ti.~ c#o \oA/"5 J-z, ~ c!.a~i4" rJ) @~ l ..:i:~ C..t~ et ,01t 11 ~Qp_. Have you applied for a City Board or Commission before? Yes (.._,/ No __ rrso, which one? q20A.L ~ .h Re'))~ <!CY\,~~ T :\Cily Clerk's Office\Fonns\Applicalion for Appointment to Board or Commission.doc Application for Appointment To Board or Commission Page 2 Abilities, experiences, and interest which you believe would contribute to your participation in municipal gover~ment: J t'.t~ DJvV\_ Q D~ ~ bQ ~ c JYUk-& LlQRW) .. ~ W.1i? ' blY0 eo11 ~.J t Qp (J,11 ga±uYo Ul. LiXv.2 bf?:ad-oh \Hu Ef.Q.J>X~ ~~ fy:n , otdl ~IL1-<c& ~ ~. ..Q L<)OJ.) CZ> ~ 1t5' DrJ{;ilJ~ fp"'<l;;.&P. PLEASE INCLUDE A RESUME. IF AVAILABLE signatur•a~~-4---+~~~~~=E<----Date: ALL DATA SUPPLIED ON THIS APPLICATIO CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. Ji.. RECEIVED SEP 1· 5 2020 .......... __ IRWINDALE CITY OF IRWINDALE Name: Address : Occupation : Employer: APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION (print or type name of~ Board or Commissi on ) 1~10 ~ ~ l.A!tVLR , \nA)1(ltft1·{J V\lld(o 'Sh1ppvil) (/I(\~ fecf,1 vi~1 i·-~qr~ )/hr~ Address: ~0 w . (2-~~SSCtvtC.( Wl~. J21V\Wo °f '#37LP Home Phone: CflA L/{?---( U (Jd-Business Phone : q 04) 5/L-f ·3crO () Years in Irwindale: 'l '?J L!Jf t/'l V-$ Registered Voter? lf S Educational bac kground I degree : ll/I YV( Vl List any Irwindale, Los Angeles county, or other City c1mmittee , bocrttr1 csim~s iop o,n "':!hG·1u ,.... pr se ti}'. serve or have servedlan d,tQ1u~ar served . r\NlV\ U.jS--t"W" I ~ .A c y y \.t:ClY' . Please answer the following_guestions com12letelY. What are you r reasons for wanting to serve on the Board or Commission? (Use add itiona l paper, if necessary.) ~e£_ cd±O\C VJ hA ~ i/)± Have you applied for a City Board or Co mmissio n before? Yes __ No X lf so, wh ich one? ----------------- Abilities, e xperience~d interest whic . y government: ~ o yo ur participatio n in municipal ~ ~ t •• ( • • 'I I • • • •' •: r;~ · •PLEASE INCLUDE A RESUME, IF AVAILABLE ~. ,.,.: .... l : : ·' • ' ......... --,.- Signatu re : Date : ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwinda le, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. U:\For ms\Application fo r Appointment lo Board or Commission.doc What are your reasons for wanting to serve on the Board or Commission? · The main reason for wanting to serve as a Commissioner would be my love for the community. As a resident oflrwindale I was part of The Teen Club . As a teen I spent my summers at Irwindale Park. I loved volunteering and helping. I am committed and inspired to become more involved with Irwindale's traditions and decision making for future generations. Why do you feel that you would make a good Board Member or Commissioner? I am an outgoing and friendly person. I can communicate with residents and listen to their concerns and ideas on ways to improve activities, events and updates to the Park and Recreation. I would like residents to take pride in our Park and Recreation. Implementing ways to have more participation from our residents is at the top of my list in changes I would like to see. I am a stronger believer that if you love your park, your park will love you back. Abilities, experiences, and interest which you believe would contribute to your participation in municipal Government: I have a lot of experience within our community. I am bilingual and fluently speak, read and write in both English and Spanish. These qualities allows me to be able to help communicate with residents. I currently serve as Ways and Means for the Irwindale Sister City. I have volunteered at the Recreation Center as a teen. I have also volunteered at the Irwindale Senior Center and our local Parish, Our Lady of Guadalupe. I am very interested in making a difference in our community. I would love to see our residents take pride in our Parks and Recreation and feel like their voice does make an impact in our evolving Parks and Recreation. ,... RECE I VED SEP 15 2020 : ~I ~'1' •" " 0 r:r1'1 of CITY OF IR WlNDALE i" 3:<fl if/ ·~ APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for :~\~ (\\I\[;\ Roc xe.G\-r:\ CY\ ~ ' -(pri~t or type name of one Board or cet i~s1or\ {f\ \::!;fz:JS:nfJ { Name ~\\l =Q J c,W~\I\'\ \ \\o _ ~ . Address: ~ d-J \N\(A 1± \ V\~L ~ l Q,tU) aolc, ~ \\cnkfD /OlS'\t\i ed = Occupation : Employer: Address: Home Phone: \j"j.p 3Z1J ·-{)?;,(,f) Business Phone: (£>/~ (;b Y -I S-SC'j"' Years in Irwindale: 51 Reg istered Voter? __ j~e_S~---- Educational background I degree: ~ ¢n '?1ft'\ Gtd 0 ,o) ~ {, 3 NV\f Cc) i k" J\f/ V I l J Licenses or Special Certificates: C) Q-\-\0\ CA {\ Ct' PC~~ ~ ~ C: C" +e,., List any Irwindale, Los Angeles County, or other City committee, board or c ommission on which you presently s~rve or have served , and t he year served . _\.._r'\---""-@........__,e .... £'------------ Please answer the following questions completely What are your reasons for wanting to serve on the Board or Commission? (Use additional paper, if necessary.) (9 (jY: Sf..:·'9_._,..~ O'-'~ 4'\\ce ,.\-- Why do you feel that you~ould make a good Board ,Member or Commissioner? (Use additional paper, if necessary.) GJ U'' 5<.ryt'VC"'·\.t s~ ~Q_-t Have you appl ied for a City Board or Commission before? Yes __ If so, which one? ------------------- T:\City Cler1<'s Office\Forms\Application for Appointment to Board or Commission.doc \~\\c,+ we, 'JjOJ/ (e,e.~S ~v 'v\J~v'\-\-\ nC\ ·-to ~,'(\)~ ~""--·~~ \)ccA{ c~ _ o(-~\If'\ '"7_j\ rn ~ _ I s,.,+u v t e_cf 11Y\ y co v e.rA . 1 \("\ c~ v--p 6 ·r cl\. +e..,,. -C\\l'\e.,,·'("' \ c (;" ' I\/'"\ l..Vh) c \'\ T \;\)(I v'\<...-.{'_(}l -\-c, "f 3 u ·y (-'C? ;/6 __ ·-=.-r \t ,0 _\ (:) "-e. c\ C1t'' c~ \,\) e, \'\ r buc __ ,·~ -+ o ~c. ,~,, o c_, ·\ +--u 'ot.e, o \fV'I ~ cl Y\ c {.) + \ c \ c ·\ \I\ , \!) '--· ·.\-+'-1 -1-- . \ ·, 'fx::__.1 +v\, f:J \\} Cft S\'\, t \l\i, "I c c, \ \ 1 v' j . I:. >v·.J e,'\;\ ·t- . \)c~c./~ -t-o ~h cm\ _ Ct S\C\ \ \') +-0 ~Nb\'\ \) p OY\ . . \l\f\ '-I c O'M 9 0 ~/V S\Y \-'\ \ ~ I \N "'\ )€-) V\ -s_( A, 0 (.) I . CJv-v \ 0 ·? \) ()'\"-:\-'\.h'\ \ +'-I . c ~·, n' e_ 0 \) -~\---o \..i0 c: v K -~ l> 1,,_ . ~6\J \'(\{\ ~r\\kl\-.Dr\.1-\-\-Pd\ ~.~'(\{)\ {)6\Y-1( -\ C"-S C·\._ Q\t,'-j Cb\ OU(\~) ~v,J6v\J~6ov Cv-:' cA t 1"'1C1\~c,A -~'\P 1,;-.::i (K 'h.1 ~"l) -\\>{'NL . 4< (N<l'f (.'\ 'f f!1YO ~·+ -"\) ~~ s I \) .J'-"/ "'j ·t"0 \ \ -f.-1 \\ '{\. Cj ~ {_)'( ¥-, \ V-\l~J \,'J \ '~"' . ·-\'\y\ (_, _ ("", \ cJ\ Vt!Y) . .\~ \ \ ·-\'""'(J\.) vjf\ -1-O)l\ V\ un 5-1 \J l ,1\ J o. 1 \ A l/\v . 1-c.::> 1 cl e11" b o\-. C1.:Q,lv1 (\ do IL. 'I'<'." \ . \ocf>)o . T ""0 00\d -\-r\)\~ \\\--l' -\~c> ~-oC/JS ()'{\ ·~'-re -CJ\-,,\ u\..;~e!V\ . . -. . . \/J '\rJ\l d 0 \fl(fl] t.eJ\. -¥\;, C".-'r L~ CTV . "...::i n.J \c\ ff\cv\(l. c, _ ~ti(\ ct 6 De~ vol ff\ e/\(\() .'QQ{ -G r ~~ 'f\') \ &:;;c_)'['Je,;{ I I--~\ _-\-uJ 6\) \ d \rf'\ cJ~ e._ C~ ~ ~°' t,l)W' rn 1 ·:'.:::{7(]'(\&'( \:Jf,c.c ,,. ~ o+-- rv'-.)0 lJ.-_)(.)'{"h -<?ff r \e'V )e/Y-~<-0 ·\'YO~ ~Wov+e.. +o ~ c,\\ lf?u'.'..::>1ne.6S .. ~ I . o\)C"<"" XV" ' \fl o\ ~ c\ ~ """" c:\ \'1 cv..} e_ \J ~!{' ~ c-t}>O of . w?6\lf\A(\ 0{" L~\J J' L& s~, \\~. Application for Appointment To Board or Comm ission Page2 Abil iti es, ex periences, and interest which you believe would contribute to your participation in municipal government:--::_ \N\\1?,Jf'~ _,-\(\t;\ /v"" \ D~r;i,'\f'\.C.~\\(\G\ fe.Y-rk+. ""J -. j _) \J.,\o ,\ <A.\;zt) 1'1\M \)1 Y1t\v6J -.,\ b f' c '-'&W L--lfY" ~ v\<? ·,/~ (\ DJ (JJ~~« ~\hre__,,. PLEASE INCLUDE A RESUME. IF AVAILABLE S ignature: ~ , A.\.!\ ~J\GVVY\ \~i Date: G\ J \' \ 80 J-'D vu . (\ ALL DATA SUPPLIED ON THIS ~PPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. RECEIVED SEP 1 5 2020 Q,, Gityof CITY OF IRWINDALE 'Y'?'.r ~·~ APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: \tc¥s OJ'd -B\: f@\10\\ C,{'f()rn \si Of\sl( (prin t or type name of one Board or Commission) Name: 11t h(QiW__ h\ Dt\fo@ · Address: \(SJ OS,3 C]clee\\ S Occupation: Ho rY'Q tYl@C Employer: Add ress: Home Phone : ~(ffl -ICJ1q/§fYl,;J</~siness Phone: ( ) ______ _ Years in Irwindale: 5 ~Q()G Registered Voter? _''{R+-="S~,------­ Edu catio nal background I degree : ~t ....... t~~· ++b~~~~h~(~JO~L~-------------­ Licenses or Specia l Certificates: Qor;&-£ieof iJ (f:Sj{OUS ft:\ lCtv"'Vor Li st any Irwindale, Lo s Angeles County, or other City committee, board o r commission on which you presently serve or have served, and the year served . J,1.-"~""'~ ...... N_,.~.,,._------------ Please answer the following questions completely What are you r reasons for wanting to serve on the Boa rd or Commission? (Use additional paper, if ~~~~+~~:t~~fp~~:cltl~1+>ru Why do you feel that you would make a good Board Member o r Commissioner? (Use additional paper, if \\\'\ (\ '<\-· Have you applied for a City Board or Commission before? Yes__ No L If so, which o ne? ------------------- T:\City Clerk's Office\Forms\Application for A ppointment to Board or Commission.doc Application for Appointment To Board or Commission Page 2 Abil it ies , experiences, and interest which you believe would contribute to your participation in mu ·cipal ' ' PLEASE INCLUDE A RESUME, IF AVAILABLE Signature ~rib: /.)_ JJ ~Q)ll, Date : ·::11-\)t: 16 ,c;!]Cd..:Ju ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy C ity Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626 -4 30-2202 if you have any questions. RECEIVED SEP 1 6 2020 CITY OF IRWINDALE cit" ~y APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: Parks and Recreation (p rint or type name of one Board or Commissio n) Name: Linda S. Marez ______________________ _ Address: 16047 Peppertree Lane. Irwindale. CA Occupation: Retired Employer: N/A Address: N/A Home Phone: ( 626 ) 960-5793 Bus iness Phone: Years in Irwindale: _5~0""-'-'ye~a~rs=----------Registered Voter? Yes Edu cational background I degree: High School diploma and some colle ge Licenses or Special Certificates : ------------------------- List any Irwindale, Los Angeles County , or other City co mmittee, board or comm ission on which you presently serve or have served , and the year served . ----------------- Please answer the following questions completely What are your reasons for wanting to serve on the Board or Commission? (Use additional paper, if necessary.) My number one reason is to give back to my commun ity. Irwindale has provid ed my fam ily And I with various opportunities such as dance . swim lessons. field tr ips and numerous educational activities. I wish to be a pos itive in fluence in my commun ity . Why do you feel that you would make a good Board Member or Commissioner? (Use additional paper, if necessary.) I feel I wou ld make a great commissioner because I have been actively involved in Parks and Recreation for 31 years. I was in c harg e of Day Camp trips , family fie ld trips . the Teen Club program, as well as many other activities. I have firsthand knowledge of the workings of the Re creation Department. Hav e yo u applied for a City Board or Commission before? Yes __ No ~ If so , which one? ---------------------- C:\Userslmmarez\Desktop\Moms application for Commission.doc Application for Appointment To Board or Commission Page 2 Abilities, experiences , and interest which you believe would contr ibu te to your participation in mun icipal government: I enjoy working with the public, being I am an extrovert. I worked with high school students for over 30 years for the Baldwin Pa rk School District. My experience wo r ki ng for the City of Irwindale, for 31 years in Pa rks and Recreation, would make me an excellent commissioner. PLEASE INCLUDE A RESUME, IF AVAILABLE ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. RECEIVED SEP 1 6 2020 'J ·. '?1 f CITY OF IRWINDAL E ·(Jr. ~ ~r Q C11~0/ APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: ~J\<fv ~ . (print or type name of one Board or Commission) Name: OOH1\/NY /!-? r:'{ X. I /Vt 0 c.,.c;-orv J /2.. Address: 16.l-6/ ;.?&P..Ose <£EE L,.,,y Occupation : vA/ ;=: /1''7 f'L er YE/~ Employer: Address: Home Ph one: (C2t) 2.S-z -'5 2 .1'3 Business Phone: (ll') Z5 2--S-Z.t S Years in Irwindale: ~ Reg istered Voter? '!ES Educational background I degree: _1--'-"/_r _G:_1-_l_s_c___:.1-f_o_o_L_' ---------------- Licenses or Special Certificates: __ , ..,_, 0_r-....J_E ____________________ _ List any Irwindale , Los Angeles County, or other City committee, board or commission on which you presently serve or have served , and the year served . _N_o_1 ..... _· c::...._-____________ _ Please answer the following questions completely What are your reasons for wanting to serve on the Board or Commission Commission? (Use additional paper, if necessary .) -:r::. wc.·•A-D Lt/CE Tl-/!5C 1-/A.'VcE To SEP.VE JV'/'{ Cgn--TFJ-7(/"""'''-f . + l<./;<j;v( ..,-o [3u1LD Jf!.-ElA-r1 <.''V ~i-fd::J 'S ,4s ~v£L L.. AS Be A j2ol-c1vu-r.:>ec. -r..· T H E. Fvrvrt:.E C.. 15;'9 PCP-:-::, o;::::. //2t-vl iv i.J-4L1~. :r &vr-1 .-vr--ro 13 £.. I IJ '-' o '-I/£. r-:J · Why do you feel that you would make a good Board Member or Commissioner? (Use additional paper, if necessary.) +:" Fc€l-::t= 1-w,,uLD Mr/f&C: /I G,oq 1-::J !30~£.D M~-?/Jp-,,Z (3Ec4</::.£. -:J: G£,£c;,1 t/P lfs.eE .. .::t: w;tf;vr"' 7'""'"~ /-f&'C/:J £MD /f/?Y C/""T'·/. ~ /#fvE ;Pr1SS"o 1V :r ;-/i4v€ ;..v·-rcG/Z t T'-/ t: 1-f/tv£ '1 S o.c;.L ·r-..-/-fet.P ;;1"///2Uv£ 1.R~-v//V/J;1-c..C:. Have you applied for a City Board or Commission before? Yes__ No _L_ If so, which one? ---------------------- T:\City Clerk's Office\Deputy City Clerk\Application for Appointment to Board or Commission.doc /N Tlhs c1-ry /fND ) Bc-//1/6 /2;tJ1sED T4c/Gr/ r .4/1/D /Vf'£/1/Trl#.;::-" ) ) ,_.__, _ __,) 13 y ;;ft: G/2c/f-7~ ;k/&E ~f£"c... S Cf j:::" //-ft' S C ... f r'-/ 4..JpUI.. D C£1N74-JL?v7'£ /J..5 W8t{,... ::C: ~l"//Olt/ /1//-'IY //.//S C/Tl.f #,,,c/S 4 f-/15-rc;,4y Tl///-7 W£ /Jv{_.-T/f//:E ;:?..e-1DE //1../ T u//Cfvv-r' -ro J-/.E&;:::J 8/2/Nb 4 FvrvA?E T/hf7 4t--L lf)E ;2£S/DE,,,_,-z""S c,-tJrJ t.CJo/L Fo'2""-""*ZO -r-oJ £Sf.?Fcf.t1't.-C/ 77/£ C/-/1 t-Oa.Erv'. JOHNNY MAXIMO LEON JR 16161 Peppertree Ln, Irwindale Ca 91706 626-252 -5213 Jmax22@icloud.com OBJECTIVE To obta in a position in corporate management commensurate with my education, skills, and training, with an oppor~unity for merit-based advancement based on an ambitious "career track." EXPERIENCE Walmart Covina, Ca Front End Coach! 2019-2020 Models and demonstrates exceptional customer se rvice stancia rds to store associates; manages and supports customer service initiatives; ensures customer needs, complaints, and issues are successfully resolved; develop and implement action plans to correct deficie ncies; and provide process improvement leadership to ensure a high qualiry customer experience. Drove the financial performance and sales of the store by reviewing and evaluating P&L statements; managing and assisting in budgeting, forecasting and controlli ng expenses for the front end co confirm they ere indexed to sales . Walmart Downey, Ca Grocery Co Manager! 20i8-2019 Provided supervision and development opportunities for hourl y associates by h ir ing, training, ancl mentoring of associates; assigned duties; set clear expectations; provided associate recognition; commun icated expect ations cons istently and effectively; ensur ing d iversity and inclusion awareness; and recruited and developed qualified associates to meet staffing needs and achieve company growth potential. Led and developed teams effectively by teaching, trnining, and actively listening to associates; touring scores and providing feedback; communicated and collaborated with ail levels of associates regarding store operations, uti lizing tec hnology, business initiai:ives, merchandising, and company direction; introduced and lead company cl1ange efforts; provided clear expectations and guidance to implement business solutions; and commun icated business objectives to teams effectively. Wa lma1t Pico Rive ra, Ca Academy Facilii:ator I 2017-2018 Delivered f unctional, financial, and compliance reia t ed tra ining course s to any/all levels of assoc iates by remaining up to date on all training content (for e)(ample, One Best Way); practicing and executing teach backs ; encouraging participant involvement; applying adult learning t echniq ues and methods to faci litation ; man aging class time appropriately incl uding activities and blo ck sch edules; and cond ucting assessment execution. Supported store talen t and ope ration standards by aligning with store leadership; deve loping and maintai ning relationships with key stakeholders incl ud ing si t e visits at stores served; ens uring co nsis~ent execution of department tours in collaboration with store leadership; influencing and ali gni ng on course of ac tion to eliminate standard gaps; following up with Academy participants; serving as a resource for standard questions and best practice execution (for example, One Best Way , Happy to Help); and providing and modeling compa ny customer serv ice standards . Oversaw job-related activities and assignments in order to meet customer and bus iness needs by engag ing in career deve lopment and individual goal planning; identifying and commu ni ca t ing goals and abj eci:i ves; building acco untability and measuring progress toward achieving results; id entifying and add ress ing improvement opportunicies; demonstrating adaptab ili ty; and prom oting an environment of continuous learning. Enhanced the learner experien ce by en surin g t he tra ining environment was conducive to learning (for example, room set-up, !earning/teaching aids, area specific sales floor standards); rehearsing course content prior to de liv ery ; gathering and acting on feedback; researching, compil ing, and analyzing data to recommend prog ram enhancemen ts; and imp lementing program improvements to course content to ensure learning objectives are met. Assistant Manager! 2016-20 17 2 Drove the financial performance of th e consumable area by ensu rin g tnat sales and profit goals were achieved and implemented plans to co rr ect any deficiencies; an d schedulin g and t rain ing associa t es to meet the needs of the customers . Drove sales in the consumable area by ensuring effect ive merchandise pre sentation, including accurate and competitive pricing, proper signing, inventory leveis, cleanliness of t he area; assess ing econom ic trends and co mmunity needs; oversaw th e stocking and rotation or merchandise, the removal of damaged or out-of-date goods ; setting up, cl eaning, and organiz in g product disp lays; secu rin g frag il e and high-shr ink merchandise; and monitored expenses with in consumables . Ensured co mpliance wit h Company policies and proced ures by holding hourly Asso ci ates accountable; analyzed and interpret reports; implemented and mon it ored asset protection and safety controls; main tained quality assurance standards; oversaw safety and operational reviews ; developed and imple mented action p!ans to correct defi ci encies; and provided d irection and gu idance on exe cuting Company programs and strateg ic init iatives. Walmart Downcown Leng Beac h, Ca Backroom Co iVianagerj 2015-2016 • Monitored and ensured an effective merchandise presentatio n, seasonal transitions, inventory flow, and operational processes; and developed and implemented action plans to mitigate shrink and ensure sales and profit goals were achieved. Walmart Paramount, Ca Assistant Mana ger! 2013-2015 V/alr1crt Torrance, Ca Assistant Manag er! 2013 Walm2r~ Covina, Ca Grocery Zone Merchandi se Supervisor I 2010-2012 uep:m:rr.ent Manager! 2008-2010 Walr-1arc R.osernead, Ca First Snift Supervisor I 2007-2008 Walmart City of Industry, Ca Department Manager! 200-':-2007 Sales Associate! 2003-2004 lnve:nto1y Control Speciali st! 2001-2003 EDUCATION l\Jortlwiew High School -Covina , Ca. 1998-2001 GPA 3.3 AWARDS AND ACKNOWLEDGEMENTS 5 Years Senrice certificate with Walmart Inc. 10 Years Service certificate with Walmart Inc. i~ Years Service certificate with Walrn ari: I nc. Facilitating Certification Walma1t Inc. 3 RECEIVED SEP 1 6 2020 CITY OF IRWINDALE ~ -1;\~~w '~~; APPLICATION FOR APPOINTMENT Sl<v_ TO BOARD OR COM MISSION -lJ List t he B oard or Commission a pplying for: ·~ k,.0 ._' 1:0\<Ar\s q f<e c ·.x==ec±:o ,~ (prin t or type name of one Board or Com mis si on) · SRI /\ \"J -C'i:> =-r01'\/-, CA._ Name: \ \ 00\0 \ Le~'O'A\ ~r ~(1,0,~A°'"~ c:frC\\1 00 Address: Occupation: <D<::'.cS \oj '<> :.:r=-~ \'Y>-e:.--c~ Employer: Add ress: I 6 0"15 C-e vx \-ve=y\ s t, -"I~~\YV\J.y I cA G\\:JO G Home Phone : <{.>~) ]~6· 1 (jL-\1 Bu si ness Phone : ~)-{f,<f.) · ]0 2-\.'C L:.\ r~. j -Years in Irwindale: '---' R e g'.stered Voter? __ \."'1-(-"e""'--s-. ____ _ Educational background I degree : p A :c._,0 J us~ u\.\... Th c;, ';).....-:> Licenses or Special Certificates: ( c ci.G, t: c\ '\? q~~~n .0 c, \ t \,0itJ(f\ b /S ··,\ ,~,,\\ (.r< K S f List any Irwindale, Los Ange les County, or other City committe e , board or comm ission on which you presently se rve o r have served, and the yea r served . -:I Y\A)f'0c\cJo _, 1 ( O~N)l ;Y,, ('n:J . ::tu-=--~-\-q_,_;\) ___ c..cc-=-________ _ Please answer t he follow i ng questions complete ly What a r e you r reasons for wanting to se rve on the Board or Commission? (Use add it ional paper, if n ecessary.) CfJ ') ....-.:;~,h\\noct> u \,os...\ ~ l('ec::vn e A ±'r.e n= "'C. <cl .=> ' \ \ . . ..L :\--\'\If ('1 ~ OJ O\v-e iJS n S C y \\\C '-:f;,-'-, \± :¥'ye__.... YX\€ m,d\-£:-D U'<"" ~ K) <l9--\-X):\ °= ]=~~·o \ 'V'f A 'I)c> G\.<r by~~ ±yy;c:t · \x> \ re _.L 56, ~~ YV\ .Q_ ~ -\·k_ W\.C\.. '<'"'\ :.l-O ·&Y--.. -\-z_~ 'L ~) / Why do you f eel that YQU would make a good Boa rd 'Me mber o r Commissione r? (Use additional pa per, if -. cl Have you applied for a City Board o ~mmission before? Ye~~ No __ If so, which one? ~0\.-c r\s 6; · -\:0LC'{':f~\-\°"' T:\Clty Clerk's Office\Fonns\Applicatio n for Appoinlmenl to Board or Commission.doc -,+-1~ \ s ",.+v"'~' Application for Appointment To Board or Commission Page2 Abilities, experiences, and interest which you believe would contribute to your participation in municipal ----government: . ..L Ci..l f 7 ;:0\\':) S e.<)Cf O'<""\ ~e -:-_ lg-w\>1 ch ..L <i\Y'r:- "\/'\','ilj 7 anA.A _ ct 1 I c\>Q'< ro. ;Q''ern+-\ yS-\"t'nf';C •'.JD <\ hq :Cc\ ~t ')o,r~,r ( 0 ,~ i;> >f e:;c;.,.\cs1 -, ~-rr --~\--~,""" ±he __ c-0"'+1n\ 1 r ~ ~vc.c-eS.S ok-o,.\.\_ ~~ ~ c1~ ~°'--&b O·~~- PLEASE INCLUDE A RESUME. IF AVAILABLE Date: ED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to: Chief Deputy City· Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. RECE IVED -I SEP 16 2020 r~?t'( ·ClTY OF IRWINDALE 'Z() rl' ').\(/\ ~ APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION List the Board or Commission applying for: '7 o-~ <' ¥---~ Ot.-\;\. J fZe c-r~~ ':e9 '-"-.. (print o r type name of one Bo ard o r Commissio n) Nam e: Add ress: Occupation: Employer: Address: (l.")j ~ o.o ;,. ·-'Z-°t u , Home Phone : (j/"{ji' v "" -, Business Phone : (~10 _7_Ctz_tR_· _-_J_l _,u :3~-­ Y ears in Irwindale: ___ 1' ...... 'f _____ _ yt 5 I Registe re d Voter ? Educational background I degree: Licenses o r Speci a l Cert ificates : __ l._t/i_'H__.'---_t3_f,_1;t ________________ _ List any Irwindale, Los Angeles Coun ty , o r ot he r City comm ittee, board or comm issio n on w hich you presently se rv e or have served , and the year se rv ed . _N_,/.'--A-'---------------- Please answer the following questions completely What are your reasons for wanting to serve on t he Boa rd or Commission? (Use additional paper, if nec essary.) .:::C VVi"Vf .f.'° ;·11 t h~ie. 1-v Jl.t (J o vva-Y"Z-'-'""";h ~J,._~,. k~ ~ i"V ~AA.. VVl-1 f-e,vvvt;·i 1 VV)t?i-yi y 9 :Af q l.tf ~' ~r(>VL-t ·-r-;7 -l-o\:s Jk .. -""t,-T K· cl-, \.-o °'-\1.e...,..,.:. l.\o ...,c,-e , Have you applied for a City Board or Comm ission before? Yes__ No $_ If so, w hich one? --------------------- T :\City Clerk's Office\Forms\App lication for Appointment to Board or Commission.doc Application for Appointment To Board or Commission Signature: Date : ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION. Return application to : Chief Deputy City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Please contact the Chief Deputy City Clerk at 626-430-2202 if you have any questions. Page 2 ~City Council 0 Successor Agency 0 Housing Auth ority 0 Reclamati on Authority O Joint Powers Authority Date: September 23, 2020 City of IRVVINDALE AGENDA REPORT To: Honorable Mayor and Members of the City Council From: William K. Tam , City Manager CC Item 3A . Issue: SITE PLAN AND DESIGN REVIEW (DA) NO . 03-2020 FOR THE DEVELOPMENT OF A ±2 ,2 56 SQUARE FOOT ADDITION FOR MAINTENANCE AND STORAGE LOCATED AT 5467 AYON AVENUE IN THE M-2 (HEAVY MANUFACTURING) ZONE [APN: 8619-019-035]. City Manager's Recommendation: 1) Adopt Resolution No . 2020-74-3234 approving Site Plan and Design Review (DA) No . 03-2020 Administrative Action: Submitted by : Marilyn Simpson , AICP , Community Development Manager I City Planner (626) 430-2209 Electronically Approved Prepared by: Lisa Chou , Planning Technician Reviewed by: Adrian Guerra , City Attorney Eva Carreon , Finance Director I City Treasurer Approved by: William Tam , City Manager BACKGROUND/HISTORY Built in 1978 , the industrial warehouse was first occupied by the Sierra Alloys Company in 1981 . Manufacturer of titanium and alloy bar products , Sierra Alloys Company supplies material for aerospeace and aircraft companies . On August 19 , 2020, the Planning Commission unanimously recommended that the City Council approve Site Plan and Design Review (DA) No. 03-2020 , which also granted an exemption to the Commercial and Industrial Design Guidelines . A cond ition regarding the proposed improvement has been added to the final conditions of approval. GENERAL PLAN AND ZONING The site is designated in the General Plan as Industrial Business Park . The property is currently zoned M-2 (Heavy Manufacturing). The following zones and uses surround the site : Direction Existing Land Use Zoning District North Industrial South Industrial East Industrial West Industrial ENVIRONMENTAL REVIEW M-2 Heavy Manufacturing M-2 Heavy Manufacturing M-2 Heavy Manufacturing M-2 Heavy Manufacturing The proposed project is exe mpt from the California Environmental Quality Act (CEQA), pursuant to Sectio n 15301 (Cl ass 1; Existing Facilit ies ) of the CEQA Guidelines . If action is taken to approve the project , a Notice of Exemption (NOE) will be filed w it h the County Clerk. The NOE is on file at the Community Development Department and available for review by the publ ic. PROJECT DESCRIPTION Located on 3.3 acres fronting Ayon Avenue, the proposed concrete tilt-up addition is ±2,256 square feet and will serve as storage of parts and maintenance for existing equipment and machines . The proposed addition is at the rear of the building and will not be visible from the street. Per IMC Section 17 . 70.010, subsection B.1 , any alteration or addition of floor area less than thirty percent of existing floor area are exempt from the Commercial and Industrial Design Guidelines , subject to the discretion of the Planning Comm iss ion or, on appeal , City Council , as applicable . Such exemption can only be used once in a ten-year period . The proposed addition will comprise three percent of the existing building and match the existing building in color and material. Although the adqition is within the thirty percent threshold an exemption is required because the building was developed prior to the adoption of the Commercial and Industrial Design Guidelines , thus resulting in a style d ifferent from desired the Spanish mission style . Per Section 4.2 of the Commercial and Industrial Design Guidelines , in return for the exe mption, the Planning Commission or, on appeal , City Council may require one or more of the following conditions , of which will be incorporated into the final conditions of approval : a. Architectural improvements to portions of the ex isting building that are visible from major arterials and secondary highways (as defined in the General Plan) or any residential property . b . Architectural improvements to other buildings owned by the property owner that are visible from major arterials , secondary highways , or any residential property. c. Improvements to portions of the property that are visible from major arterials , secondary highways , or any residential property , such as additional landscaping , a fountain , public art or similar improvement. d. Implementation of improvements identified by the Planning Commission over a specified time period. In exchange for the ex emption from the Commerical and Design Guidelines , the applicant has proposed to install a Spanish style fountain next to the entrance of the building . Ninety-five (95 ) parking stalls are required and will be provided. Out of the ninety-five (95) stalls , eleven (11 ) are compact stalls , which is twelve percent of the total and meets development standards that limit compact stalls to less than twenty-five percent of total provided stalls . Four (4 ) ADA parking stalls are included in the parking count , which satisfy ADA requirements. Architecture/Design No previous exemptions have been granted for the property. The applicant has updated the site in recent years by replacing a portion of the landscaping to drought tolerant and water efficient plants in July 2019 . ANALYSIS Before Site Plan and Design Review is approved, the applicant must show, to the satisfa ction of the Planning Commission and the City Council, the exi stence of the following findings of fact. Staff ha s determined that the findings can be made based on the analysis below. 1. The proposed project is in conformance with the general plan , zoning ordinance , and other ordinances and regulations of the City. The proposed project is the addition of a ±2 ,256 square foot concrete tilt-up for ma intenance and storage to be placed in the rear of an exi sting titanium and stainless steel manufacturer. The proposed project complies with all Zoning Code development standards established for the M-2 (Heavy Manufacturing ) zone with respect to land use, building height , and meets the zoning code requirements for parking . The proposed project will bring the overall floor area ratio to 52 %. 2 . The proposed project is in conformance w ith any redevelopment plan and regulations of the community redevelopment agency and any ex ecuted owner's participation agreement or disposition and development agreement. This finding is no longer applicable , as Irwindale Community Redevelopment Agency no longer exists . There are also no owner's participation agreement or disposition and development agreement involved. 3 . The following are so arranged as to avoid traffic congestion, to ensure the public health, safety , and general welfare , and to prevent adverse effect on surrounding properties: a) Facilities and improvements , The proposed project is served by existing improved roadways and utilities. The proposed development does not require the construction or installation of additional public improvements to serve the project . Development Impact Fees have been calculated via total square footage and using industrial land use factors. Fees are due at the time of building permit issuance. b) Pedestrian and vehicular ingress , egress , and internal circulation, Access to the site will remain unchanged . Construction of the maintenance and storage addition at the rear of the property will not interfere with access to the site . Ingress and egress for the project site will be accessed from Ayon Avenue. The proposed project provides for adequate and safe pedestrian and vehicular ingress and egress to and from the site onto existing roadways , public sidewalks , and internal circulation. c) Setbacks, The project has been designed to comply with the required minimum setbacks for the M-2 (Heavy Manufacturing) zone . d) Height of buildings , The height of the maintenance and storage building is twenty-two and a half (22 '-6") feet, which complies with the Irwindale Municipal Code since there are no height limitations within the M-2 (Heavy Manufacturing) zone. e) Signs , No existing signage will be affected by the improvement to the site . f) Mechanical and utility service equipment, No mechanical or utility service equipment will be readily visible from the public right of way . g) Landscaping, The location of the proposed improvement is completely paved and will not eliminate any existing landscaping . h) Grading , There is no large scale grading proposed on site. i) Lighting , There are no additional light fixtures that will be added as a result of this project. Furthermore , no existing light fixtures will be removed as a result of this project. j) Parking , The ex isting building is comprised of three different types of land use -office , manufacturing , and warehouse. IMC Subsection 17.64.030.P(2) "Offices not providing customer service on the premises" requires a minimum one (1 ) space for each 350 square feet of gross floor area . IMC Subsection 17.64.030(L) "Manufacturing uses" requires a minimum of one (1) parking space for each 350 square feet for the first 10,000 square feet of gross floor area and one (1) parking space for each 500 square feet for the next 40 ,000 square feet of gross floor area . IMC Subsection 17.64 .030 (V) "Warehouse and storage buildings " requires one (1 ) parking space for each 1,000 square feet of the first 20 ,000 square feet of gross floor area , one (1) space for each 2 ,000 square feet for the ne xt 20 ,000 square feet of gross floor area , and one (1 ) space for each 4 ,000 square feet for all floor area over 40 ,000 square feet of gross floor area . Based on the proposed square footage of 6, 122 for offices , 18 ,000 for manufacturing , and 50 ,899 for warehouse , ninety-five (95) parking stalls are required and will be provided . Out of the ninety-five (95 ) stalls , eleven (11) are compact stalls , which is twelve percent of the total and meets development standards that limit compact stalls to less than twenty-five percent of total provided stalls . Four (4) ADA park ing stalls are included in the parking count , which satisfy ADA requirements . All parking is surface parking, rather than parking structures or subterranean lots . k) Drainage, Existing drainage will not need to be improved as a result of this project. I) Intensity of land use , The site has served as an industrial land use for Sierra Alloys Company since 1981 . The purpose of the addition is for maintenance and storage and is not projected to have a significant impact on existing streets . The proposed use is consistent with the General Plan designation of Industrial Bus iness Park and Zon ing designation of M-2 (Heavy Manufacturing), as well as, adjacent land uses . 4. That the proposed development is consistent with applicable City design guidelines and historic design themes , and provides for appropriate exterior build ing design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still provid ing for a variety of designs , forms and treatments. Per IMC Section 17 .70.010 , subsection B .1, any alteration or addition of floor area less than thirty pe rcent of existing floor area are exempt from the Commercial and Industrial Design Guidelines , subject to the discretion of the Planning Commission or, on appeal , City Council , as applicable . Such ex emption can only be used once in a ten-year period . The proposed addition will comprise three percent of the ex isting building and match the ex isting building in color and material. Although the addition is within the thirty percent threshold an exemption is required because the building was developed prior to the adoption of the Commercial and Industrial Design Guidelines , thus resulting in a style diffe rent from desired the Spanish mission style . Per Section 4 .2 of the Commercial and Industrial Design Guidelines, in return for the exemption , the Planning Commission or, on appeal , C ity Council may require one or more of the following cond itions: a. Architectural improvements to portions of the existing building that are visible from major arterials and secondary highways (as defined in the General Plan) or any residential property. b. Architectural improvements to other buildings owned by the property owner that are visible from major arterials , secondary highways, or any residential property. c . Improvements to portions of the property that are v isible from major arterials , secondary highways , or any residential property, such as additional landscaping, a fountain , public art or similar improvement. d. Implementation of improvements identified by the Planning Commission over a specified time period . In exchange for the exemption from the Commercial and Industrial Design Guidelines , the applicant has proposed to install and Spanish style fountain as an improvement for the project site. The Planning Commission has agreed to this improvement and condition 85 has been added to the final conditions of approval to reflect the exchange for exemption . FISCAL IMPACT The entire cost for this construction will be covered by the Applicant/Developer. There will be no impact on the City's budget. ATTACHMENTS A: CC Resolution No. 2020-74-3234 with Conditions of Approval B : Project Plans C: City of Irwindale Planning Commission Staff Report & Resolution No . 786 (20) and exhibits, dated July 1, 2020