City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
SEPTEMBER 28, 2022
SPECIAL MEETING – 5:30 P.M.
REGULAR MEETING ‐ 6:30 P.M.
IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Pursuant to Irwindale Resolution No. Resolution No. 2022‐90‐3340 The Irwindale City Council has authorized the conduct of hybrid meetings of the City Council, including all City Commissions and committee meetings, and all regularly scheduled meetings that would normally take place in the City Council Chambers, under the provisions of Government Code Section 54956 § E, as authorized by AB 361.
The public’s health and well‐being are the top priority for the City, and you are urged to take all appropriate health safety precautions. To facilitate this process, the meeting and opportunities to participate are available through the following:
In‐Person at the City Council Chambers
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389
LARRY G. BURROLA
MAYOR
Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
MANUEL R. GARCIA
councilmember
H. MANUEL ORTIZ
Councilmember
September 28, 2022
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA, 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 this meeting.
Ask the Chief Deputy City Clerk if you desire to use 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 services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
September 28, 2022
Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
Irwindale City Council
September 28, 2022
SPECIAL MEETING – 5:30 P.M.
A. CALL TO ORDER
B. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
C. RECESS TO CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation Pursuant to California Government Code Section 54956.9
A) Name of Case: Five Points, LP vs. City of Irwindale Case Number: 22STCV01394
B. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
A) Property: Olive Pit (APN 8415‐001‐906, 908)
Agency negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
Negotiating Parties: United Rock Products Corp.
Under negotiation: Sublease Price and Terms
B) Property: South Manning Pit (APNs 8417‐034‐905; 8417‐034‐907, 8417‐007‐908) Agency Negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
Negotiating Parties: Los Angeles County Flood Control District Under Negotiation: Price and Terms
C. Liability Claims
Pursuant to Government Code Section 54956.95:
1) Claimant: Maggie Guzman
Agency claimed against: City of Irwindale, Irwindale Housing Authority 2) Claimants: Fred & Becky Barbosa
Agency claimed against: City of Irwindale, Irwindale Housing Authority
September 28, 2022
D. RECONVENE IN OPEN SESSION
E. REPORT FROM CLOSED SESSION
F. ADJOURNMENT
OPEN SESSION – 6:30 P.M.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
E. CHANGES TO THE AGENDA
F. COUNCIL MEMBER TRAVEL REPORTS
G. COUNCILMEMBER COMMENTS
H. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
I. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
1. Recognition of Irwindale Sergeant Rudy Gatto, Los Angeles Regional Crime Stoppers Law Enforcement Partner of the Year
2. Chamber of Commerce Business of the Month – Yellow Iron
3. Chamber of Commerce Quarterly Update
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing 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.
In the hybrid format, both in‐person and hybrid audience members will participate in the following order:
September 28, 2022
Tier 1: In‐person attendees
Tier 2: Teleconference attendees
Tier 3: In‐person attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
Tier 4: Teleconference attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
1. CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
A. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
1. Special Joint Meeting held September 14, 2022
2. Regular meeting held September 14, 2022
3. Special Joint Meeting held September 19, 2022
B. Warrants/Demands/Payroll
Department: Finance
Recommendation: Approve
C. Acceptance of Alfred F. Herrera Softball Field Lighting Improvement Project Department: Public Services
Recommendation: (1) Ratify changes in the work and accept the improvements and maintenance responsibility for the Alfred F. Herrera Softball Field Lighting Improvement Project located in Irwindale Park; (2) approve the final construction amount of $555,277.93; and (3) authorize the City Clerk to record the Notice of Completion.
2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
4. CITY MANAGER’S REPORT
September 28, 2022
5. AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
A. Discussion regarding the installation of military flags near Veterans Monument (requested by Mayor Burrola)
B. Discussion regarding a Founding Mothers monument in the Memorial Garden (Mayor Burrola)
C. Discussion regarding parking concerns along Allen Drive (Mayor Pro Tem Ambriz) D. Discussion regarding the parkway at Irwindale Avenue and Calle de Paseo Parkway (Councilmember Ortiz)
6. ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
1. CONSENT CALENDAR
A. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
1. Special Joint Meeting held September 14, 2022
2. Regular meeting held September 14, 2022
B. Warrants
Department: Finance
None for approval
2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
4. ADJOURN
September 28, 2022
HOUSING AUTHORITY
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
1. CONSENT CALENDAR
A. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
1. Special Joint Meeting held September 14, 2022
2. Regular meeting held September 14, 2022
3. Special Joint Meeting held September 19, 2022
B. Release of Construction Covenants – 16203‐16233 Arrow Highway Department: Community Development
Recommendation: Approve the release of Construction Covenants for the completion of construction and development of the business park development at 16203‐16233 Arrow Highway.
2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Las Casitas RFP – Verbal Update
3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
4. ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority, to be held on September 28, 2022, be posted at the City Hall, Library, and Post Office on September 22, 2022.
Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC, SA& HA
IRWINDALE CITY COUNCIL CHAMBERS Item 1A1 SEPTEMBER 14, 2022
WEDNESDAY
5:01 P.M.
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
The Irwindale CITY COUNCIL, SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY, and HOUSING AUTHORITY met in special joint session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
MOTION
ITEM NO. C1
A RESOLUTION TO
RE-RATIFY THE
EXISTENCE OF A
LOCAL EMERGENCY
AND AUTHORIZE
REMOTE MEETINGS
FOR THE LEGISLATIVE
BODIES OF THE CITY
OF IRWINDALE FOR
THE 30-DAY PERIOD
BEGINNING
SEPTEMBER 14, 2022
THROUGH
OCTOBER 14, 2022
RESOLUTIONS
ADOPTED
Present: Councilmembers I Board Members Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern I Vice Chair Albert F. Ambriz; Mayor I Chair Larry G. Burrola
Absent: Councilmember/ Board Member Mark A Breceda
Also Present: Julian A Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel
There were no speakers.
A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Breceda absent.
A RESOLUTION TO RE-RATIFY THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZE REMOTE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30- DAY PERIOD BEGINNING SEPTEMBER 14, 2022 THROUGH
OCTOBER 14, 2022
Joint Resolution Nos. 2022-90-3340, SA 2022-91-3341, and HA 2022-18-128, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF
THE HOUSING AUTHORITY RE-RATIFYING THE
PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE
HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING
SEPTEMBER 14, 2022, THROUGH OCTOBER 14, 2022,
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE2
RECESS TO
CLOSED SESSION
PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY
BILL NO. 361," was adopted.
At 5:05 p.m., the City Council, Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority met in Closed Session to discuss the following:
Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
A) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussion held, updated provided; direction provided to staff. No reportable action taken.
B) Case Name: City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency, et al. v. County of Los Angeles
Case Number: Ventura County Superior Court Case No. 56-2015- 00464100-CU-WM-VTA
ACTION: Update provided, no direction or action taken
C) Case Name: Jane Doe C.M.A. vs. the City of Irwindale Case Number: LASC Case No. 21 STCV26652
ACTION: Update provided, no discussion, direction, or action taken
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
A) Property: Olive Pit (APN 8415-001-906, 908)
Agency Negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering I Building Official Negotiating Parties: United Rock Products Corp.
Under Negotiation: Sublease Price and Terms
ACTION: Update provided, discussion held; direction provided to staff. No reportable action taken.
B) Property: South Manning Pit (APNs 8417-034-905; 8417-034, 907, 8417-007-908)
Agency Negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering I Building Official Negotiating Parties: Los Angeles County Flood Control District Under Negotiation: Price and Terms
ACTION: Update provided, no discussion, direction, or action
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE3
RECONVENE IN
OPEN SESSION
ADJOURNMENT
taken
Liability Claims
Pursuant to Government Code Section 54956.95
A) Claimants: Fred & Becky Barbosa
Agency Claimed Against: City of Irwindale, Irwindale Housing Authority
ACTION: Update provided, direction provided to staff; no reportable action taken
B) Claimant: Maggie Guzman
Agency Claimed Against: City of Irwindale, Irwindale Housing Authority
ACTION: Update provided, direction provided to staff; no reportable action taken
At 6:50 p.m., the City Council reconvened in Open Session.
There being no further business to conduct, the meeting was adjourned at 6:52 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBE~S 5050 N. IRWINDALE AVENUE .__ --------' CC Item 1A2
SEPTEMBER 14, 2022
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:43 P.M.
The Irwindale CITY COUNCIL met in regular session, beginning at the above time and place.
ROLL CALL:
CHANGES TO THE
AGENDA
CITY MANAGER
MIRANDA
COUNCILMEMBER
TRAVEL REPORTS
COUNCILMEMBER
GARCIA
MAYOR PRO TEM
AMBRIZ
MAYOR BURROLA
COUNCILMEMBER
COMMENTS
Present: Councilmembers Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola
Absent: Councilmember Mark A. Breceda
Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Robert Castro, Interim Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Deputy City Clerk
City Manager Miranda noted that the agreement included with Item No. 1 L had pages missing. Full copies of the agreement have been distributed to all the Councilmembers and is available to the public for review. Regarding Item No. 1 M, City Manager Miranda noted corrections to the project account number and costs.
Councilmember Garcia spoke on his attendance at the recent League of California Cities conference held in Long Beach, noted the large amount of attendees, spoke on his networking opportunities with NALEO partners, and indicated that the conference offered information regarding various subjects.
Mayor Pro Tern Ambriz also spoke on his attendance at the conference, noted the large amount of attendees, spoke on his networking opportunities, and indicated that many issues were discussed, including development impact fees and employees' CALPERS pension plan.
Mayor Burrola also mentioned his attendance at the conference, noted that many issues were discussed, including the use of electric vehicles, and agreed that he had an opportunity to network with peers.
CITY COUNCIL MINUTES SEPTEMBER 14, 2022
REGULAR MEETING PAGE 2
MAYOR BURROLA Mayor Burrola requested that: 1) the flags of the four branches of the military be installed at the Veterans Memorial, and 2) to recognize the city's "Founding Mothers" at the Memorial Garden, to which the Council provided its consensus to add both requests to the agenda for consideration at the next Council meeting.
COUNCILMEMBER
ORTIZ
MAYOR PRO TEM
AMBRIZ
INTRODUCTION OF
NEW EMPLOYEES I
PROMOTIONS
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
RECOGNITION OF
TONY GONZALEZ,
RECREATION DONOR
CITY MANAGER
MIRANDA, DIRECTOR
HANNA, AND THE
CITY COUNCIL
SPONTANEOUS
COMMUNICATIONS
ROMAN RODRIGUEZ
CONSENT CALENDAR
MOTION
Mayor Burrola also requested that the meeting be adjourned in memory of James William Ysais and Lydia Ann Gomez.
Councilmember Ortiz spoke very highly of the recent MariachiFest events.
Mayor Pro Tern Ambriz agreed with Councilmember Ortiz's comments regarding MariachiFest, and advised that he has received wonderful feedback from the patrons of the extended pool programs.
He also thanked Police Department staff for their ongoing enforcement efforts along Alpha Street. He also requested that the Council consider at a future meeting the concerns being raised regarding parking along Allen Drive.
There were none.
RECOGNITION OF TONY GONZALEZ, RECREATION DONOR
The recognition was made, though Mr. Gonzalez was not in attendance.
City Manager Miranda and Director Hanna noted that Assistant City Engineer Daniel Co has resigned his position to accept another position at a different city. Mr. Co was recognized for his contributions to the success of various city projects.
Roman Rodriguez spoke on his candidacy for the Upper San Gabriel Valley Municipal Water District Division 5, which covers Irwindale.
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar, with the exception of Item No. 1 K, which was removed from the agenda for separate consideration. The motion was unanimously approved;
CITY COUNCIL MINUTES
REGULAR MEETING
ITEM N0.1A
MINUTES
ITEM NO. 1B
WARRANTS/
DEMANDS I PAYROLL
ITEM NO. 1C
REJECTION OF CLAIM:
RAMIRO LOPEZ VS.
CITY OF IRWINDALE
ITEM NO. 1D
REJECTION OF CLAIM:
HEIRS OF ISAAC
LEFEBRE VS. CITY OF
IRWINDALE
ITEM NO. 1E
REJECTION OF CLAIM:
BENJAMIN LEFEBRE,
A MINOR, VS. CITY OF
IRWINDALE
ITEM NO. 1F
AUTHORIZATION TO
INVEST MONIES INTO
THELOCALAGENCY
INVESTMENT FUND
ACCOUNT
RESOLUTION NO.
2022-84-3334
ADOPTED
ITEM NO. 1G
A RESOLUTION TO
EXTEND THE
SEPTEMBER 14, 2022
PAGE3
Councilmember Breceda absent and Councilmember Garcia
abstaining on Item No. 1 H.
MINUTES
The following minutes were approved:
1) Regular meeting held August 24, 2022
WARRANTS/DEMANDS/PAYROLL
The warrants I demands I payroll were approved.
REJECTION OF CLAIM: RAMIRO LOPEZ VS. CITY OF IRWINDALE
The claim of Ramiro Lopez vs. City of Irwindale was rejected and staff was directed to send a standard letter of rejection.
REJECTION OF CLAIM: HEIRS OF ISAAC LEFEBRE II VS. CITY
OF IRWINDALE
The claim of the Heirs of Isaac Lefebre II vs. City of Irwindale was rejected and staff was directed to send a standard letter of rejection.
REJECTION OF CLAIM: BENJAMIN LEFEBRE, A MINOR VS. CITY
OF IRWINDALE
The claim of Benjamin Lefebre, a minor, vs. City of Irwindale was rejected and staff was directed to send a standard letter of rejection.
AUTHORIZATION TO INVEST MONIES INTO THE LOCAL
AGENCY INVESTMENT FUND ACCOUNT (Joint Successor Agency
and Housing Authority item)
Joint Resolution No. 2022-84-3334, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY ("SUCCESSOR
AGENCY"), AND THE BOARD OF THE HOUSING AUTHORITY OF
THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT
FUND," was adopted.
A RESOLUTION TO EXTEND THE EXISTENCE OF A LOCAL
EMERGENCY REGARDING THE COVID-19 PANDEMIC
CITY COUNCIL MINUTES
REGULAR MEETING
EXISTENCE OF A
LOCAL EMERGENCY
REGARDING THE
COVID-19 PANDEMIC
RESOLUTION NO.
2022-92-3342
ADOPTED
ITEM N0.1H
APPROVAL OF PLANS
AND SPECIFICATIONS
FOR THE IRWINDALE
PARK IMPROVEMENTS
PROJECT PHASES 4
AND 5; P-1011
Resolution No. 2022-92-3342, entitled:
SEPTEMBER 14, 2022
PAGE4
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, EXTENDING THE EXISTENCE OF A
LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC
WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE
MUNICIPAL CODE CHAPTER 2.44," was adopted.
APPROVAL OF PLANS AND SPECIFICATIONS FOR THE
IRWINDALE PARK IMPROVEMENTS PROJECT PHASES 4 AND 5;
P-1011
The plans and specifications for the Irwindale Park Improvement Project Phase 4 and 5 were approved and staff was authorized to solicit bids for construction of the project; Councilmember Garcia abstaining.
ITEM NO. 11 AWARD OF CONTRACTS FOR AS-NEEDED CONSTRUCTION
AWARD OF INSPECTION SERVICES
CONTRACTS FOR
AS-NEEDED The City Manager was authorized to enter into an agreement with CONSTRUCTION Z&K Consultants, Dudek, and FCG Consultants for as-needed INSPECTION SERVICES construction inspection services in the amount of $100,000 per ITEM NO. 1J
AWARD OF CONTRACT
FOR 2022
TOPOGRAPHIC AND
HYDROGRAPHIC
SURVEY PROJECT
ITEM NO. 1L
APPROVAL OF CA
AUTOMATED PERMIT
PROCESSING GRANT
contract, subject to approval as to form by the City Attorney.
AWARD OF CONTRACT FOR 2022 TOPOGRAPHIC AND
HYDROGRAPHIC SURVEY PROJECT; P-1048
A professional contract in the amount of $135,400.00 was awarded to Johnson-Frank and Associates for the Topographic and/or Hydrographic survey of eight (8) sand and gravel mines and the City Manager was authorized to execute the contract on behalf of the City, subject to approval as to form by the City Attorney.
APPROVAL OF CALIFORNIA AUTOMATED PERMIT
PROCESSING (CALAPP) GRANT AGREEMENT BETWEEN CITY
OF IRWINDALE AND CALIFORNIA ENERGY COMMISSION
AGREEMENT BETWEEN The grant agreement with the California Energy Commission (CEC) CITY OF IRWINDALE for the California Automated Permit Processing (CalAPP) Grant AND CALIFORNIA Award was approved, the City Manager was authorized to execute ENERGY COMMISSION the same upon approval as to form by the City Attorney, and:
RESOLUTION NO.
2022-86-3336
Resolution No. 2022-86-3336, entitled:
CITY COUNCIL MINUTES
REGULAR MEETING
ADOPTED
ITEM NO. 1M
AWARD OF CONTRACT
TO PROVIDE
PROFESSIONAL
ENVIRONMENTAL
SERVICES FOR THE
NATIONAL POLLUTANT
DISCHARGE
ELIMINATION SYSTEM
(NPDES) AND OTHER
RELATED SERVICES
RESOLUTION NO.
2022-87-3337
ADOPTED
SEPTEMBER 14, 2022
PAGE5
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING A GRANT AGREEMENT WITH THE
CALIFORNIA ENERGY COMMISSION FOR THE CALAPP GRANT
AWARD AND AUTHORIZING THE APPROPRIATION OF $40,000
TO A NEW ACCOUNT WITHIN FUND 35 (CALIFORNIA STATE
GRANT FUND), WHICH WILL BE REIMBURSED UP TO $40,000 BY
THE CALIFORNIA ENERGY COMMISSION WITH THE
CALIFORNIA AUTOMATED PERMIT PROCESSING GRANT," was
adopted
AWARD OF CONTRACT TO PROVIDE PROFESSIONAL
ENVIRONMENTAL SERVICES FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) AND OTHER
RELATED SERVICES
The award of contract was approved and the City Manager was authorized to execute an agreement, subject to City Attorney approval as to form, with CWE in the amount of $132, 122 for professional environmental services for the management of the National Pollutant Discharge Elimination System (NPDES) permit and other related services, a 15% contingency in the amount of $19,818.30 was approved to cover any unforeseen services required, and:
Resolution No. 2022-87-3337, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING THE TRANSFER AND
APPROPRIATION OF $44,515.30 FROM THE MEASURE W FUND
TRANSFER OUT ACCOUNT TO THE MEASURE W FUND
CONTRACTUAL SERVICES ACCOUNT," was adopted.
END OF CONSENT CALENDAR
ITEM NO. 1K
REQUEST TO EXTEND
THE HOURS OF
OPERATION FOR
TRANSPORTATION OF
EXCAVATED
AGGREGATES FROM
THE OLIVE PIT TO
UNITED ROCK
PRODUCTS' PIT NO. 2
UNTIL DECEMBER 31,
2022
CITY MANAGER
MIRANDA
REQUEST TO EXTEND THE HOURS OF OPERATION FOR
TRANSPORTATION OF EXCAVATED AGGREGATES FROM THE
OLIVE PIT TO UNITED ROCK PRODUCTS' PIT NO. 2 UNTIL
DECEMBER 31, 2022
City Manager Miranda presented the staff report.
CITY COUNCIL MINUTES
REGULAR MEETING
COUNCILMEMBER
ORTIZ
DIRECTOR HANNA
COUNCILMEMBER
ORTIZ
MAYOR BURROLA
COUNCILMEMBER
ORTIZ
CITY ATTORNEY
GUERRA
MOTION
SEPTEMBER 14, 2022
PAGE6
Responding to several questions by Councilmember Ortiz, Mark Pachura, General Manager of United Rock Products, advised that: 1) the estimated installation date for the traffic signal is February 2023.
The materials have been ordered; they are just waiting for the materials to be manufactured and delivered. Their staff continue negotiating with Metrolink on the design of the signal at the intersection of Azusa Canyon Road and Los Angeles Street; 2) traffic will be controlled with flag men and additional traffic control measures in the area; and 3) United Rock would work to address any traffic issues that arise.
Director Hanna added that staff proposed allowing the change of hours for a period of three to four months, and reevaluating the results at a future Council meeting to determine whether the arrangement should continue. If traffic is highly impacted, the request would be evaluated again before December.
Councilmember Ortiz also requested that the street sweeper be operated more frequently from Azusa Canyon Road through to Arrow Highway to offset the increased dust, to which Mr. Pachura advised that United Rock agrees to run the path, with water, more frequently.
Councilmember Ortiz also suggested that United Rock traffic not be present on Azusa Canyon road earlier than 7:00 a.m. in consideration of the nearby residences, to which Mr. Pachura agreed.
Responding to a question by Mayor Burrola, Mr. Pachura advised that United Rock has secured permits for the construction of the first traffic signal, but not the second one, and noted that workers are ready to install the signal as soon as the materials are received.
Council member Ortiz expressed worry over speeding trucks, to which Mr. Pachura indicated that they have quarterly meetings with all truck drivers and operators where they are reminded about speed limits.
However, if they notice a driver speeding, they write down the license plate number and inform the broker that the driver is not to return.
City Attorney Guerra suggested extending the hours effective through the end of the year, as long as they comply with the requests made tonight by the Council, and that if they fail to comply, the Council should not consider another extension of hours, to which Councilmember Ortiz suggested reminding United Rock of the Council's requests.
A motion was made by Mayor Burrola, seconded by Mayor Pro Tern Ambriz, to approve the request from United Rock Products (United) to extend the hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 until December 31, 2022, and reevaluate United's request before granting another extension period, with the extended hours of operation to be:
CITY COUNCIL MINUTES
REGULAR MEETING
NEW BUSINESS
PUBLIC HEARINGS
CITY MANAGER'S
REPORT
CITY MANAGER
MIRANDA
AGENDA ITEMS
REQUESTED BY
COUNCILMEMBERS
ADJOURNMENT
SEPTEMBER 14, 2022
PAGE?
Monday to Friday, 7 a.m. to 3 p.m. and Saturday, 7 a.m. to 5 p.m. (only 2nd and 4th Saturday of each month), including the requests made by tonight by the City Council. The motion was unanimously approved; Councilmember Breceda absent.
None.
None.
City Manager Miranda reported the following:
1) A Community Workshop regarding Morada Street issues will take place on September 19 at 6:00 p.m.
2) He also provided updates on programs and activities from the Recreation and Senior Center departments.
None.
There being no further business to conduct, the meeting was adjourned at 7:39 p.m., in memory of James William Ysais and Lydia Ann Gomez.
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC & HA Item 1A3
IRWINDALE CITY COUNCIL CHAMBE S SEPTEMBER 19, 2022
MONDAY
6:00 P.M.
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in special joint session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
NEW BUSINESS
ITEM NO. C1
MORADA STREET
DISCUSSION
CITY MANAGER
MIRANDA
MAYOR BURROLA
Present: Councilmembers I Board Members Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern /Vice Chair Albert F. Ambriz; Mayor I Chair Larry G. Burrola
Also Present: Julian A. Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel; Robert Castro, Interim Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; Rudy Gatto; Police Sergeant; and Laura Nieto, Chief Deputy City Clerk I Chief Assistant Authority Secretary There were no speakers.
MORADA STREET DISCUSSION
City Manager Miranda presented the item. He advised that the Council has previously directed staff to arrange for a special meeting to identify and follow-up on issues relating to the Panattoni Development site located adjacent to the residential properties along Morada Street. He provided background information on the Panattoni project, which improved the sites at 5223 and 5239 Morada Street with parking lots, which were constructed to allow the residents of Morada Street and their guests, along with guests of events held at the Our Lady of Guadalupe Mission, to park their vehicles. He further noted that, to date, the Police Department has received three calls for service concerning transients at the Panattoni sites, and repeated that tonight's meeting would serve to address the concerns of Morada Street residents.
As requested by Mayor Burrola, Director Hanna advised that Morada Street residents have expressed concerns regarding the fencing at the site, and noted that the Public Works staff is widening the fences to make the site easier to access. He added that the city has also hired a land surveyor to determine property boundaries, the results of which have been provided to the City Administrative Offices. Director Hanna then indicated that the CA Building Code requires that each public parking facility provide accessible spaces, and indicated that, although Morada Street does not have sidewalks, the parking lots were still required to include accessible spaces, and noted that the site also includes a path of travel that leads to the street. Staff will hire
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE2
DIRECTOR HANNA
MAYOR BURROLA
COUNCILMEMBER
BRECEDA
MAYOR BURROLA
TONY NARANJO
an architect to study all the sidewalks throughout the city in search of a solution for the sidewalk issues, including those at Morada Street.
Responding to several question by Mayor Burrola, Director Hanna indicated that the parking lot is ADA compliant. City Attorney Guerra stated that staff would look into the potential for liability due to the lack of a sidewalk on Morada Street.
Director Hanna advised that the parking lot cannot be without an accessible parking space, even though there is no sidewalk on Morada Street, and reiterated that the Building Code requires at least one accessible parking space per 25 regular parking spaces. He noted that staff attempted to override the code but were denied by the County.
Mayor Burrola asked how the Building Code could be changed, to which Director Hanna indicated that the code is state law issued by the Governor. He repeated that staff will hire an architect to study all city sidewalks, and will determine where sidewalks could be provided.
He stated that Morada Street cannot be stretched to include a sidewalk unless easements from each property owner are obtained.
Responding to an additional question by Mayor Burrola, Director Hanna repeated that staff would hire a professional architect to study all city sidewalks, which will help determine how/if sidewalks could be made at Morada Street, as well as their related costs.
Councilmember Breceda noted that creating sidewalks on Morada Street would be an enormous task, and suggested that the Council focus on the issues raised by Morada Street residents relating the sites to the rear of the Morada Street residential properties.
Mayor Burrola stated that the Council should address all of the issues raised by Morada Street residents, including those relating to signage and fencing.
Tony Naranjo spoke on the issues being experienced at Morada Street, including: 1) the difficulty that the Fire Department has had in traveling Morada Street since it is so narrow, an issue which has since been resolved with assistance of the Police Department; 2) the need for proper accessibility for exiting the parking lots; and 3) the belief that no resident homeowner will want to cede a portion of their property to construct a sidewalk. He thanked the Council for arranging the meeting, but noted that he and the residents of Morada Street have negotiated with Panattoni on a resolution of their concerns, and he felt that a fair and equitable resolution has been reached. Bids were sought out for fencing costs, which were provided to Panattoni, which would cover the costs as well as any taxes that the resident homeowners may need to pay. He stated that he visited with each of his Morada Street neighbors and most agreed to move forward with
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE3
ROBERT DIAZ
CAROL RAMOS
COUNCILMEMBER
BRECEDA
DIRECTOR HANNA
COUNCILMEMBER
BRECEDA
CITY ATTORNEY
GUERRA
MAYOR PRO TEM
AMBRIZ
the compromise. However, some neighbors seem to have changed their minds since they were told that the Council would obligate Panattoni to make certain changes, including moving fencing and ditches. He also thanked staff, particularly City Manager Miranda and Police Chief Castro, for helping solve the issues with transients at the site, and noted that Panattoni has also hired temporary security, measures which have helped to reduce troublesome behavior. He reiterated his belief that Panattoni has made a reasonable offer to each property owner, and stated his hope that the issues are resolved quickly. He also spoke on Panattoni's offer to help repair a resident's garage, and once again thanked staff for their help.
Robert Diaz thanked the Council and staff for the meeting, spoke on Panattoni's offer to repair damage at his aunt's garage, and made suggestions to address potential drainage issues.
Carol Ramos stated that the installed fencing at the parking lot does not provide sufficient privacy for her home. She thanked Councilmember Ortiz for his interest in helping her family.
Responding to a question by Councilmember Breceda, Mark Payne with Panattoni stated that the company was instructed to leave the fencing, and that it was not part of the scope of Panattoni's work.
Councilmember Breceda asked about the potential for liability should the city erect a wall at the site, to which City Attorney Guerra stated that staff could explore the request further. Councilmember Breceda suggested that a wall be constructed south of the Ramos' home.
Director Hanna noted that the Council directed staff to explore the locations of property lines, which is why a professional line surveyor was hired, who marked the exact properly lines between the parking lot and the neighboring houses. He added that, should the Council provide direction to build a wall, it would be situated at the property line.
Councilmember Breceda suggested building two block walls.
City Attorney Guerra requested that the Council provide clear direction to staff so that itcould present a more formal resolution to the Council at a future meeting.
Mayor Pro Tern Ambriz stated that the Council directed staff to conduct the line survey, which has since been completed. And now that the Council has learned that it is possible to construct the block wall, it can act on Mrs. Ramos' request to build the wall to provide Mrs. Ramos with more privacy. He stated that this was the Council's desire all along.
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE4
MOTION
CITY MANAGER
MIRANDA
CITY ATTORNEY
GUERRA
MAYOR PRO TEM
AMBRIZ,
COUNCILMEMBER
GARCIA, AND CITY
ATTORNEY GUERRA
MAYOR PRO TEM
AMBRIZ
DIRECTOR HANNA
ROBERT DIAZ
A motion was made by Councilmember Breceda direct staff to solicit bids for the construction of the two walls.
City Manager Miranda stated that the purpose of the survey was to determine the exact property lines in relation to Mrs. Ramos' property and the two adjacent parking lots, knowing that the existing chain link fence does not provide adequate privacy. He deferred to City Attorney Guerra to determine whether the time is right to construct the walls.
City Attorney Guerra noted that this meeting was designed as a workshop to hear comments from the public and to have the matter discussed by the Council, which is now directing to proceed to construct the block wall. He suggested that staff be allowed the opportunity to prepare a formal report for inclusion on a future meeting agenda so that the proposed action is clear. He also requested that Director Hanna describe the following steps, to which Director Hanna indicated that the next step would be to hire a structural engineer to design the wall. The design would then be reviewed by Building and Safety, and if approved, would be presented to the Council so that it may approve the plans and specifications and send the project out to bid.
Mayor Pro Tern Ambriz spoke on the need for proper setbacks, Councilmember Garcia spoke about addressing drainage issues, and City Attorney Guerra suggested obtaining consent by the property owners to build on their properties.
Replying to a comment by Mayor Pro Tern Ambriz, City Attorney Guerra stated that the city could probably justify covering the costs of the project if there are impacts to public property. With regard to property ownership rights, he stated that these types of matters usually require a consent form from property owners consenting to the wall being built on their properties.
Director Hanna requested City Attorney Guerra's assistance in drafting the necessary consent forms for the property owner's review and signatures. He also thanked the Morada Street residents for their support, and responding to a comment made earlier, advised that the CA Building Code requires directing a disabled person directly to a sidewalk and not the street.
Robert Diaz spoke on the potential for drainage issues with the construction of a new wall.
CC, SA, AND HA MINUTES
SPECIAL MEETING
SEPTEMBER 14, 2022
PAGE5
CITY MANAGER
MIRANDA
SERGEANT GATTO
MAYOR BURROLA
COUNCILMEMBER
BRECEDA
MAYOR BURROLA,
COUNCILMEMBER
ORTIZ, AND MAYOR
PRO TEM AMBRIZ
ADJOURNMENT
As requested by City Manager Miranda, Chief Castro provided a report on transient activity at the site. He reported that he has analyzed the Police Department's responses to the location and noted that he has personally visited the site at least 10 times. Officers have made about 120 extra patrols to the commercial property in search of problems and in response to reports of homeless encampments and drug use, though officers typically do not encounter problems. He noted some issues pertaining to the use of water spigots by homeless individuals, but these have been remedied by the property owner. Surrounding businesses have also worked to trim bushes and green areas to avoid having individuals hiding behind overgrown vegetation. He also provided a brief update on Sergeant Gatto and his team's efforts in reaching out to the homeless to offer various services, though many refuse. He stated his hope that the continued patrols have deterred those that may use the property improperly, and encouraged residents to call the Police Department if they see or hear anything out of the ordinary.
Sergeant Gatto spoke on his Homeless Outreach Team's weekly site visits and the collaboration between the Irwindale Police Department, the Los Angeles Homeless Services Authority, and the County Department of Mental Health to assist the homeless. His team has also conducted outreach at the Morada Street, Arrow Highway, and Ayon Avenue areas, but has not come across any persons setting up permanent encampments. He added that officers also respond to reports of trespassing and vandalism, and concurred with Chief Castro that the property owners have corrected issues that attract transients, such as closing water spigots, locking trash enclosures, and closing electric outlets. Officers will continue to conduct outreach in the area.
Responding to a question by Mayor Burrola, Ryan Jones with Panattoni advised that Panattoni has hired gardeners to maintain the landscaping every week.
Councilmember Breceda excused himself from the feeling at 7:09 p.m. since he was not feeling well.
Mayor Burrola, Councilmember Ortiz, and Mayor Pro Tern Ambriz thanked staff, Panattoni, and Morada Street residents for working together to address concerns.
There being no further business to conduct, the meeting was adjourned at 6:52 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 9/21/2022 4:09 PM
IRWINDALE ----- -----------
Check No Vendor No Vendor Name Check Date Check Amount
77902 AMERIC34 American Fidelity Assurance Co 09/08/2022 2,733.64 77903 BARBAOI Columba Barba 09/08/2022 1,150.00
77904 CHARTEOI Charter Communications 09/08/2022 91.93
77905 GALVAN02 Claudia Galvan 09/08/2022 440.00
77906 GARC06 Delinda Garcia 09/08/2022 75.00
77907 HO YEN Noelle Hoye 09/08/2022 560.00
77908 OPTUMOI OptumRx, Inc. 09/08/2022 33,448.57
77909 PAIKOI Sumako Paik 09/08/2022 180.00
77910 SANGAB16 San Gabriel Basin Water 09/08/2022 2,256.00 77911 SANGAB20 San Gabriel Valley City Managers' Associa1 09/08/2022 55.00 77912 SCE02 Southern California Edison 09/08/2022 14,314.02 77913 SCE02 Southern California Edison 09/08/2022 22,939.89 77914 SCE02 Southern California Edison 09/08/2022 29,051.57 77915 YANEOl Vanessa Yanez 09/08/2022 95.45
77916 CALIF056 ·California State Disbursement Unit 09/08/2022 604.15 77917 CALIF057 California State Disbursement Unit 09/08/2022 143.07 77918 CHICOR Richard Chico 09/15/2022 14.99
77919 DEKRA-LI Dekra-Lite Industries, Inc. 09/15/2022 1,496.73 77920 HDLCOR HdL Coren & Cone 09/15/2022 5,989.69
77921 HDLOI Heil Software, LLC 09/15/2022 33.26
77922 ITERIS Iteris, Inc. 09/15/2022 935.00
77923 ANGUIOI Guadalupe Anguiano-Ortiz 09/15/2022 75.00 77924 AT&T06 AT&T 09/15/2022 1,704.40
77925 BALLIOI Shayna Balli 09/15/2022 1,454.46
77926 BRIGHT02 Bright Stars Academy 09/15/2022 500.00
77927 CARD02 Jacqueline Cardenas 09/15/2022 75.00
77928 CARDENOI Rudy Cardenas 09/15/2022 150.00
77929 CASTRO! Rob Castro 09/15/2022 3.75
77930 CHARTEOI Charter Communications 09/15/2022 375.78 77931 CHAVEll Manuel Chavez 09/15/2022 1,060.00
77932 ESPINOlO Iris Espino 09/15/2022 640.70
77933 FIGUEOI Oscar Figueroa 09/15/2022 75.00
77934 FRONTOl Frontier Communications 09/15/2022 839.78 77935 GARC13 Maria Garcia 09/15/2022 37.00
77936 GONZ12 Mercedes Gonzalez 09/15/2022 75.00
77937 HEGDAHLA Armando Hegdahl 09/15/2022 63.00
77938 HERNAN25 Christian Hernandez 09/15/2022 300.00
77939 IBYOI !BY Property Owner, LLC 09/15/2022 932.00
77940 LIRA03 Janet Lira 09/15/2022 75.00
77941 MAREZL Linda S. Marez 09/15/2022 150.00
77942 PADILLAM Melissa Marez 09/15/2022 55.39
77943 MOUNT02 Mountain View Productions 09/15/2022 841.00 77944 NINJAOI NinjaOne,LLC 09/15/2022 4,275.00
77945 OLIVAROI Theresa Olivares 09/15/2022 186.88
77946 OLVEOI Maria Olvera 09/15/2022 15.00
77947 ORANGEOl Orange County Sheriffs 09/15/2022 71.00
77949 PIMENTO! Luis Pimentel 09/15/2022 27.39
AP Checks by Date - Summary by Check Number (9/21/2022 4:09 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
77950 PLAZ02 Monica Plazola 09/15/2022 10.00
77951 PUBLOI Public Safety Consulting, Inc. 09/15/2022 22,555.46 77952 PURCHA Purchase Power 09/15/2022 4,174.84
77953 ROCHO! Sarah Rocha 09/15/2022 123.50
77954 RODRIIO Gisela Rodriguez 09/15/2022 75.00
77955 ROMANC Carmen M. Roman 09/15/2022 75.00
77956 SIMPSOOI Marilyn Simpson 09/15/2022 750.00
77957 TPXOl TPX Communications 09/15/2022 2,488.41
77958 TSEOl Lisa Tse 09/15/2022 37.00
77959 VELAS02 Natali Velazquez 09/15/2022 885.00
77960 verizonw Verizon Wireless 09/15/2022 3,134.14
77961 VILLA03 Danteandre Villa 09/15/2022 75.00
77962 YEUNGOl Sanny Yeung 09/15/2022 10.00
77963 ZOOMO! ZOOM Video Communicatins, Inc. 09/15/2022 1,012.17 77964 AZUSALW Azusa Light & Water 09/15/2022 931.30
77965 CALIF002 California American Water 09/15/2022 1,318.83 77966 GASCOM Gas Company, The 09/15/2022 845.99
77967 SOUTHE17 Golden State Water Company 09/15/2022 1,985.45 77968 PARTOl Party Pronto, Inc 09/15/2022 413.00
77969 SCE02 Southern California Edison 09/15/2022 495.43 77970 VALLEYOl Valley County Water District 09/15/2022 14,237.69 77971 VALLEY09 Valley View Mutual Water Co. 09/15/2022 68.66 77972 A READ Area 11D11 09/28/2022 1,000.00
77973 B&BTIR B & B Tires Service 09/28/2022 90.00
77974 BAKEROl Baker & Taylor Books 09/28/2022 30.00
77975 BILLST Bill's Truck Repair, Inc. 09/28/2022 159.00 77976 BLUEOl Blue Diamond Materials 09/28/2022 273.70
77977 CALBLE Cal Blend Soils, Inc. 09/28/2022 60.64
77978 CACE California Association of 09/28/2022 275.00
77979 CALI22 CAP IO 09/28/2022 275.00
77980 CARQUEST Carquest 09/28/2022 55.00
77981 CITYOFll City of Azusa 09/28/2022 775.00
77982 CITYOFO! City of Pasadena 09/28/2022 11,917.00
77983 CLOUD02 CloudCompli, Inc 09/28/2022 5,250.00
77984 COSTAOl Costar Realty Information, Inc. 09/28/2022 735.48 77985 LOSANG33 County of Los Angeles 09/28/2022 21,275.32 77986 CPRSCA CPRS Park & Recreation 09/28/2022 170.00
77987 BATEOl Elior Inc. 09/28/2022 3,984.75
77988 ESRIOI Esri, Inc. 09/28/2022 1,700.00
77989 FILLGOl Fill Good Landscaping 09/28/2022 400.00
77990 GEO LOG Geologic Associates 09/28/2022 8,254.00
77991 GLOBAL02 Global Environmental Training & Consulti1 09/28/2022 4,924.00 77992 HASAOI Hasa Inc. 09/28/2022 1,522.61
77993 HDLOl Hdl Software, LLC 09/28/2022 33.26
77994 HINDER Hinderliter, De Llamas & Assoc 09/28/2022 300.00 77995 HOSEMA Hose-Man, The 09/28/2022 41.72
77996 H!GHPE HPC Computers, Inc. 09/28/2022 487.36
77997 IMAGE02 Image Sales, Inc. 09/28/2022 2,378.80
77998 INTELLOl Intelli-tech, Inc. 09/28/2022 2,255.17
77999 INTERS02 Interstate Batteries 09/28/2022 141.60
78000 IRWIND03 Irwindale Tire Shop 09/28/2022 40.00
78001 ITERIS lteris, Inc. 09/28/2022 10,389.38
78002 JCSPLU JC1s Plumbing & Backflow Svc 09/28/2022 255.48 78003 KLEIOO! Kleinfelder, Inc. 09/28/2022 1,323.75
78004 LANDSC Landscape Warehouse III Inc. 09/28/2022 607.25 78005 LEXI SN LexisNexis Risk Solutions 09/28/2022 151.50 78006 LINCOL03 Lincoln Aquatics 09/28/2022 4,114.30
AP Checks by Date - Summary by Check Number (9/21/2022 4:09 PM) Page2 Check No Vendor No Vendor Name Check Date Check Amount
78007 LINNOI Deborah Linn 09/28/2022 2,875.00
78008 CALIBEOI Lawrence E. Marino 09/28/2022 1,868.20
78009 MARIPO Mariposa Landscapes, Inc. 09/28/2022 8,796.00 78010 MER CUR Mercury Fence Co., Inc. 09/28/2022 3,200.00 78011 MO UNTO I MNRO Holdings, LLC 09/28/2022 100.80
78012 OFFICE03 Office Depot 09/28/2022 725.51
78013 PHASEII PARS 09/28/2022 1,750.00
78014 PLACEOI PlaceWorks, Inc. 09/28/2022 1,552.50
78015 PROPRJNT Pro Printing, Inc. 09/28/2022 60.16
78016 PACIFil3 Rene David LTD 09/28/2022 430.09
78017 RJCOHOI Ricoh USA, Inc 09/28/2022 2,694.76
78018 RJCOH02 Ricoh USA, Inc 09/28/2022 1,673.13
78019 RIGHTOI Right of Way, Inc. 09/28/2022 705.19
78020 SHIOI SHI International Corp. 09/28/2022 711.57
78021 SOUTH09 Southern Computer Warehouse Inc, 09/28/2022 1,721.27 78022 STERICOI Stericycle, Inc. 09/28/2022 91.29
78023 LEESOI Chad A. Streetman 09/28/2022 131.40
78024 SWTOI SWT Engineering, Inc. 09/28/2022 4,023.60
78025 UNITED11 United Site Services of CA Inc 09/28/2022 589.50 78026 URBAN03 Urban Restoration Group US., Inc. 09/28/2022 556.91 78027 VERJOI Veritone, Inc. 09/28/2022 2,800.00
78028 VISTAOI Vista Paint Corporation 09/28/2022 305.77 78029 WESTC005 West Coast Arborists, Inc. 09/28/2022 13,789.65 78030 HDSUPOI WHITE CAP, L.P. 09/28/2022 405.08
78031 LOSANG09 Los Angeles County 09/28/2022 982.07
78032 SIERRA02 Sierra Chrysler/Dodge/Jeep/Ram 09/28/2022 1,826.66 Report Total (130 checks): 326,379.54
AP Checks by Date - Summary by Check Number (9/21/2022 4:09 PM) Page 3 181City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 28, 2022
Citt;o/
IRWINDALE
AGENDA REPORT
CC Item 1C
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Acceptance of Alfred F. Herrera Softball Field Lighting Improvement Project City Manager's Recommendation:
That the City Council (1) ratify changes in the work and accept the improvements and maintenance responsibility for the Alfred F. Herrera Softball Field Lighting Improvement Project located in Irwindale Park; (2) approve the final construction amount of $555,277.93; and (3) authorize the City Clerk to record the Notice of Completion.
Administrative Action:
Submitted & Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approvea Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On November 10, 2021, the City Council adopted Resolution No. 2021-105-3317, waiving the formal bidding procedures pursuant to Irwindale Municipal Code Section 3.44.0SO(E), authorizing the issuance of a purchase order and the City Manager to enter into a purchase agreement with Musco Sports Lighting, LLC for the installation of six (6) new 01005.0006/820611.1 Page 1
poles, a new LED lighting system for the Alfred F. Herrera Softball Field and additional lighting features for the Irwindale Park Playground and Aquatics Center.
The approved cost of this project was budgeted as follows:
Services New Poles/LED Costs
Musco Materials $ 212.000.00
Estimated Taxes (10.25%) 21.730.00
Installation 268.800.00
Soils Report 10,000.00
Aouatics Center/Pool Area 20.000.00
Playground 8,000.00
Sub-Total $ 540,530.00
Payment/Performance Bond 1,420.00
10% Contingency 54,053.00
Total $ 596,003.00
Two change orders were issued as part of this project. The first change order was due to the increase in the cost for the Payment/Performance Bond. The original cost was budgeted at $1,420.00 and the final cost was submitted for $3,648.00, which resulted in Change Order #1 in the amount of $2,228.00. The second change order was in the amount $11, 100. The original price quoted was based on standard soil conditions. The soils report determined non-standard soils and rocky conditions with drill refusal at all 4- boring locations, which resulted in additional drilling and trenching.
The installation of lighting system and features is now complete and staff recommends that the City Council accept the improvements and maintenance responsibility for the lighting improvements. Acceptance of the improvements by the City Council will render the project complete. Once the project is complete, the City may file a Notice of Completion. Staff therefore recommends that the City Council authorize the City Clerk to record the Notice of Completion .
The State of California Department of Parks and Recreation Office of Grants and Local Services (OGALS) has allocated to the City of Irwindale $178,846 in grant funding from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018.
This is a reimbursement grant, which means the funds must be expended first, then submitted for reimbursement. Additionally, there is a local match spending requirement of 25% of the grant funds, or $44,711.50, which the City meets through the cost of the project improvements. Staff is currently working on submitting the required documentation to receive reimbursement in the amount of $178,846.
Fiscal Impact:
Sufficient funding is available in the City's Adopted Capital Improvement Program Budget Project No. 8241. The total cost of this project was $555,277.93. The City of Irwindale has already applied to receive a grant from Prop 68 Per Capita, and upon submittal of its final paperwork, expects to receive funding for $178,846.
The following outlines the total cost of the project and the final cost expended from the General Fund.
Check# Date Recipient Purpose Amount
76979 5/25/2022 Musco Sports Lighting, LLC Materials/Equipment/Bond $256,307.93 77711 8/24/2022 Musco Sports Lighting, LLC Installation of Poles & Lighting System $287,870.00 77711 8/24/2022 Musco Sports Lighting, LLC Boring footings/trenches for Poles $11,100.00 TOTAL PROJECT COST: $555,277.93
LESS PROP 68 PER CAPITA REIMBURSEMENT: ($178.846.00)
GENERAL FUND IMPACT: S3Z6 431 93
Attachment(s):
1. Notice of Completion
01005.0006/820611.1 Page 3
RECORDING REQUESTED BY:
CITY OF IRWINDALE
WHEN RECORDED MAIL TO:
Elizabeth Rodriguez
Public Services Director I
City of Irwindale I
Department of Public Services I
5050 N. Irwindale Avenue I
Irwindale, CA 91706 I
I
I
I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: FEE SIMPLE
2. The full name of the owner is: CITY OF IRWINDALE.
3. The full address of the owner is: 5050 NORTH IRWINDALE AVENUE IRWINDALE CALIFORNIA 91706.
4. On the 25th day of AUGUST 2022 there was completed upon the hereinafter-described real property the following work: IRWINDALE PARK ALFRED F. HERERRA SOFTBALL FIELD LIGHTING IMPROVEMENT PROJECT.
5. The name of the original contractor for the work described above was: MUSCO SPORTS LIGHTING, LLC.
6. The address of the contractor for the work described above is: 100 1st AVENUE WEST OSKALOOSA, IA 52577-0808.
7. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: IRWINDALE PARK ALFRED F. HERERRA SOFTBALL FIELD 5050 N. Irwindale Avenue, IRWINDALE, CA 91706.
DATED:
01005.0006/820613.1
--------' 2022
Elizabeth Rodriguez, Public Services Director
City of Irwindale
ATTEST:
Chief Deputy City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______ _
Subscribed and sworn to (or affirmed) before me on this day of , 20_ by ___________________________________ _
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature _________ _
01005.0006/820613.1
IRWINDALE CITY COUNCIL CHAMB ~ S SA Item 1 A2
5050 N. IRWINDALE AVENUE 't SEPTEMBER 14, 2022
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:39 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A1
MINUTES
ITEM NO. 1B
WARRANTS
ITEM NO. 1C
AUTHORIZATION TO
INVEST MONIES INTO
THE LOCAL AGENCY
INVESTMENT FUND
ACCOUNT
RESOLUTION NO.
SA 2022-85-3335
ADOPTED
Present: Councilmembers Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola
Absent: Councilmember Mark A. Breceda
Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Deputy City Clerk There were no speakers.
A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Regular meeting held August 24, 2022
WARRANTS
None for approval
AUTHORIZATION TO INVEST MONIES INTO THE LOCAL
AGENCY INVESTMENT FUND ACCOUNT (Joint City Council and
Housing Authority item)
Joint Resolution No. SA 2022-85-3335, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY ("SUCCESSOR
AGENCY"), AND THE BOARD OF THE HOUSING AUTHORITY OF
THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING
SUCCESSOR AGENCY MINUTES
REGULAR MEETING
SEPTEMBER 14, 2022
PAGE2
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT
FUND," was adopted.
END OF CONSENT CALENDAR
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
None.
None.
There being no further business to conduct, the meeting was adjourned at 7:40 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMB ~ S HA Item 1A2
5050 N. IRWINDALE AVENUE t SEPTEMBER 14, 2022
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:40 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
ITEM NO. 1B
AUTHORIZATION TO
INVEST MONIES INTO
THE LOCAL AGENCY
INVESTMENT FUND
ACCOUNT
RESOLUTION NO.
HA 2022-17-127
ADOPTED
Present: Board Members Manuel R. Garcia, H. Manuel Ortiz, Vice Chair Albert F. Ambriz; Chair Larry G. Burrola
Absent: Board Member Mark A. Breceda
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Assistant Authority Secretary
There were no speakers.
A motion was made by Vice Chair Ambriz, seconded by Board Member Ortiz, to approve Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Special joint meeting held July 13, 2022
2) Special joint held July 27, 2022
3) Regular meeting held July 27, 2022
4) Special joint meeting held August 15, 2022
AUTHORIZATION TO INVEST MONIES INTO THE LOCAL
AGENCY INVESTMENT FUND ACCOUNT (Joint City Council and
and Successor Agency item)
Joint Resolution No. HA 2022-17-127, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY ("SUCCESSOR
AGENCY"), AND THE BOARD OF THE HOUSING AUTHORITY OF
HOUSING AUTHORITY MINUTES
REGULAR MEETING
SEPTEMBER 14, 2022
PAGE2
ITEM NO. 1C
IRWINDALE HOUSING
AUTHORITY
GUIDELINES,
POLICIES, AND
PROCEDURES FOR
SENIOR LOW/
MODERATE INCOME
HOUSING APARTMENT
RENTAL PROGRAM
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT
FUND," was adopted.
IRWINDALE HOUSING AUTHORITY GUIDELINES, POLICIES, AND
PROCEDURES FOR SENIOR LOW/MODERATE INCOME
HOUSING APARTMENT RENTAL PROGRAM
The revised Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program for Las Casitas were approved.
None.
None.
There being no further business to conduct, the meeting was adjourned at 7:41 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
DSuccessor Agency
0 Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 28, 2022
my ef I HA Item 1B
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Chair and Members of the Housing Authority Board Julian A. Miranda, Executive Director
Issue: Release of Construction Covenants -16203-16233 Arrow Highway.
Executive Director's Recommendation:
That the Irwindale Housing Authority Board approve the release of Construction Covenants for the completion of construction and development of the business park development at 16203-16233 Arrow Highway.
Administrative Action:
Submitted & Prepared by:
Marilyn Simpson, Community Development Director
(626) 430-2209
Reviewed by:
Adrian R. Guerra, General Counsel
. Kambiz Borhani,
Finance Director I City Treasurer
Approved by:
Julian A. Miranda, Executive Director
Release of Construction Covenants
16203-16233 Arrow Highway
Electronically Approved
Background and Analysis:
On May 23, 2018, the Amended and Restated Disposition and Development Agreement (Amended DOA) between the Irwindale Housing Authority (Authority) and Panattoni Development Company for properties located at 16203, 16213, 16223, 16233 Arrow Highway was approved. Section 714, Release of Construction Covenants of the Amended DOA states that the Authority shall furnish Panattoni with a Release of Construction Covenants upon the following:
• Completion of construction and development of the project and issuance of a certificate of occupancy for the shell buildings, and
• Construction of an access area between the project's wall and the residential properties along the eastern side of the site.
On April 24, 2019, the City Council approved Site Plan & Design Review (DA) No. 03-2018 and adopted Resolution No. 2019-08-3092 for development of the project. The applicant, Panattoni Development Company, Inc., agreed and complied with the final conditions of approval and has completed construction of the project. Certificates of Occupancy were issued for all four (4) shell buildings on June 30, 2022. The construction of the project and its offsite improvements have been satisfactorily completed and accepted by the City's Planning, Public Works/Building and Safety, and Los Angeles County Fire Departments.
With the completion of said construction and issuance of Certificates of Occupancy for the shell buildings by the Building Official, staff recommends that the Housing Authority approve the Release of Construction Covenants.
Fiscal Impact:
This is no fiscal impact associated with the release of the Construction Covenants.
Attachment(s):
1. Attachment 6 from the Panattoni Amended and Restated Disposition and Development Agreement, dated May 23, 2018
2. Attachment 6 with updated signature page
Page2
Attachment 1
ATTACHMENT NO. 6
PANATTONI DDA
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
IRWINDALE HOUSING AUTHORITY
5050 N. Irwindale Ave.
Irwindale, CA 91706
Attention: Executive Director
APNs: 8619-010-907; 8619-012-905; 8619-012-909 (Space Above This Line for Recorder's Office Use Only)
RELEASE OF CONSTRUCTION COVENANTS
WHEREAS, by that certain Amended and Restated Disposition and Development Agreement ("Agreement"), dated May 23, 2018, by and between the IRWINDALE HOUSING AUTHORITY, a public body, corporate and politic, ("Authority") and PANATTONI DEVELOPMENT COMPANY, INC., a California corporation ("Developer"), Developer has agreed to develop a commercial project ("Project") on the Site (as such term is defined in the Agreement and described on Exhibit 'A' hereto); and
WHEREAS, as referenced in the Agreement, Authority shall furnish Developer with a Release of Construction Covenants upon (i) completion of construction and development with completion of construction and development being evidenced by the last issuance of a certificate of occupancy for a shell (tenant improvements not required) or its equivalent by the City of Irwindale (or in the event the City approves separate parcels on the Site, issuance of a separate Release of Construction Covenants as to each parcel upon issuance of a certificate of occupancy or equivalent for such parcel), which release shall be in such fonn as to permit it to be recorded in the Official Records of the County Recorder of the County of Los Angeles, California; and (ii) Developer constructing an access area having a width of three (3) feet between the approved wall and the residential properties along the entire eastern side of the Site and within the ten (10) foot landscaped area on such eastern boundary where it adjoins residential properties so as to allow owners of such adjoining residential properties access to repair, construct, or maintain improvements located on the separate adjoining residential properties and not otherwise reasonably accessible ("Permission to Enter"); and
WHEREAS, the Agreement provided for certain covenants to run with the land, which covenants were incorporated in the Deed and Covenant Agreement, as that term is defined in the Agreement; and
WHEREAS, this Release of Construction Covenants shall constitute a conclusive determination by Authority of the satisfactory completion by Developer of the construction and development required by the Agreement and of Developer's full compliance with the terms of the Agreement with respect to such construction and development, but not of the Deed or Covenant Agreement, the provisions of which shall continue to run with the land pursuant to their terms; and 0l005.0012/460128.14
A TI ACHMENT #6
WHEREAS, Authority has conclusively determined that the construction and development on the Site required by the Agreement has been satisfactorily completed by Developer in full compliance with the terms of the Agreement.
NOW, THEREFORE,
1. The improvements required to be constructed have been satisfactorily completed in accordance with the provisions of said Agreement and Developer has provided City with copies of Permission to Enter agreements with owners of adjoining properties.
2. This Release of Construction Covenants shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof.
3. This Release of Construction Covenants shall not constitute evidence of Developer's compliance with the Deed, the provisions of which shall continue to run with the land.
4. This Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage, securing money loaned to finance the improvements or any part thereof.
5. This Release of Construction Covenants is not a Notice of Completion as referred to in California Civil Code Section 3093.
6. Except as stated herein, nothing contained in this instrument shall modify in any way any other provisions of the Agreement or any other provisions of the documents incorporated therein.
1N WITNESS WHEREOF, the Authority has executed this Release of Construction Covenants this __ day of ___________ _
ATTEST:
Laura Nieto, Authority Secretary
APPROVED AS TO FORM:
ALESHIRE, & WYNDER, LLP
Fred Galante, Authority Counsel
0I005.0012/460128.14
IRWINDALE HOUSING AUTHORITY
By ____________ _
Mark A. Breceda, Chair
ATTACHMENT#6
CONSENT TO RECORD A TION
PANATTONI DEVELOPMENT COMPANY, INC., the "Developer" defined herein and the owner of the fee title to the real property legally described herein, hereby consents to the recordation of this Release of Construction Covenants against the real property legally described herein.
Date: -------------~
0I005.0012/460128.14
"DEVELOPER"
PANATTONI DEVELOPMENT COMP ANY,
INC., a California corporation
By: ____________ _
Name:
Title:
--------
---------~
A TT AC HM ENT #6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ------, 2018 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01005.0012/460128.14
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER 1HAN NAMED ABOVE
ATTACHMENT #6
Attachment 2
ATTACHMENT NO. 6
PANATTONIDDA
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
IRWINDALE HOUSING AUTHORITY
5050 N. Irwindale Ave.
Irwindale, CA 91706
Attention: Executive Director
APNs: 8619-010-907; 8619-012-905; 8619-012-909 (Space Above This Line for Recorder's Office Use Only)
RELEASE OF CONSTRUCTION COVENANTS
WHEREAS, by that certain Amended and Restated Disposition and Development Agreement ("Agreement"), dated May 23, 2018, by and between the IRWINDALE HOUSING AUTHORITY, a public body, corporate and politic, ("Authority") and PANATTONI DEVELOPMENT COMPANY, INC., a California corporation ("Developer"), Developer has agreed to develop a commercial project ("Project") on the Site (as such term is defined in the Agreement and described on Exhibit 'A' hereto); and
WHEREAS, as referenced in the Agreement, Authority shall furnish Developer with a Release of Construction Covenants upon (i) completion of construction and development with completion of construction and development being evidenced by the last issuance of a certificate of occupancy for a shell (tenant improvements not required) or its equivalent by the City of Irwindale (or in the event the City approves separate parcels on the Site, issuance of a separate Release of Construction Covenants as to each parcel upon issuance of a certificate of occupancy or equivalent for such parcel), which release shall be in such form as to permit it to be recorded in the Official Records of the County Recorder of the County of Los Angeles, California; and (ii) Developer constructing an access area having a width of three (3) feet between the approved wall and the residential properties along the entire eastern side of the Site and within the ten (10) foot landscaped area on such eastern boundary where it adjoins residential properties so as to allow owners of such adjoining residential properties access to repair, construct, or maintain improvements located on the separate adjoining residential properties and not otherwise reasonably accessible ("Permission to Enter"); and
WHEREAS, the Agreement provided for certain covenants to run with the land, which covenants were incorporated in the Deed and Covenant Agreement, as that term is defined in the Agreement; and
WHEREAS, this Release of Construction Covenants shall constitute a conclusive determination by Authority of the satisfactory completion by Developer of the construction and development required by the Agreement and of Developer's full compliance with the terms of the Agreement with respect to such construction and development, but not of the Deed or Covenant Agreement, the provisions of which shall continue to run with the land pursuant to their terms; and ATTACHMENT #6
WHEREAS, Authority has conclusively determined that the construction and development on the Site required by the Agreement has been satisfactorily completed by Developer in full compliance with the terms of the Agreement.
NOW, THEREFORE,
1. The improvements required to be constructed have been satisfactorily completed in accordance with the provisions of said Agreement and Developer has provided City with copies of Permission to Enter agreements with owners of adjoining properties.
2. This Release of Construction Covenants shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof.
3. This Release of Construction Covenants shall not constitute evidence of Developer's compliance with the Deed, the provisions of which shall continue to run with the land.
4. This Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage, securing money loaned to finance the improvements or any part thereof.
5. This Release of Construction Covenants is not a Notice of Completion as referred to in California Civil Code Section 3093.
6. Except as stated herein, nothing contained in this instrument shall modify in any way any other provisions of the Agreement or any other provisions of the documents incorporated therein.
IN WITNESS WHEREOF, the Authority has executed this Release of Construction Covenants this 28th day of September, 2022.
ATTEST:
Laura Nieto, Chief Authority Assistant
Secretary
APPROVED AS TO FORM:
ALESHIRE, & WYNDER, LLP
Adrian R. Guerra, General Counsel
IRWINDALE HOUSING AUTHORITY
By~~~~~~~~~~~~~~
Larry G. Burrola, Authority Chair
ATTACHMENT #6
Page2of5
CONSENT TO RECORDATION
P ANATTONI DEVELOPMENT COMP ANY, INC., the "Developer" defined herein and the owner of the fee title to the real property legally described herein, hereby consents to the recordation of this Release of Construction Covenants against the real property legally described herein.
"DEVELOPER"
PANATTONIDEVELOPMENT
COMP ANY, INC., a California corporation
ATTACHMENT #6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to 1ne on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) ou the iustrument the persou(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: __ - --------
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
-
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ATTACHMENT #6
EXHIBIT "A"
TO ATTACHMENT NO. 6
P ANATTONI DDA
LEGAL DESCRIPTION OF THE SITE
(APN 8619-010-907, 8619-012-905, 8619-012-909)
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS:
Parcel 1 and 2, per map recorded in Book 66, Page 40 of Maps, and Parcel 2, per map recorded in Book 121, Pages 92 and 93 of Maps, recorded in the office of the County Recorder, County of Los Angeles, California
ATTACHMENT#6