City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200 • FACSIMILE: 962-4209 *AMENDED
NOTICE AND AGENDA FOR THE
SPECIAL AND REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
RECLAMATION AUTHORITY
DECEMBER 14, 2022
SPECIAL MEETING – 5:30 P.M.
REGULAR MEETING - 6:30 P.M.
IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No. 2022-105-3355
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
December 14, 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).
December 14, 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
December 14, 2022
*AMENDED 12/13/22 TO REFLECT NEW SPECIAL MEETING START TIME 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. CONSENT CALENDAR
1. 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 December 14, 2022 through January 13, 2023
Department: Administration / City Clerk
Recommendation: Staff recommends City Council, Successor Agency, Housing Authority and Reclamation Authority adopt Resolution No. 2022-112-3362, Resolution No. SA 2022-113- 3363, Resolution No. HA 2022-21-131, and Resolution No. RA 2022-08-035, entitled, “A
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY
TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY AND THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY, RERATIFYING 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 DECEMBER 14, 2022 THROUGH JANUARY 13, 2023 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361”.
D. RECESS TO CLOSED SESSION
1. 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
2. Liability Claims
(Pursuant to Government Code section 54956.95)
Claimant: Unspecified pursuant to Government Code section 54961 December 14, 2022
Agency claimed against: City of Irwindale
3. 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: 5223 Morada Street (APN 8619-012-907)
Agency negotiators: Julian A. Miranda, City Manager
Negotiating Parties: TBD
Under negotiation: Price and Terms
C) Property: 5239 Morada Street (APN 8619-012-910)
Agency negotiators: Julian A. Miranda, Executive Director Negotiating Parties: TBD
Under negotiation: Price and Terms
4. Conference with Legal Counsel—Anticipated Litigation (Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9) Number of Cases: One
E. RECONVENE IN OPEN SESSION
F. REPORT FROM CLOSED SESSION
G. 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
December 14, 2022
E. CHANGES TO THE AGENDA
F. REPORT FROM THE SPECIAL MEETING HELD DECEMBER 14, 2022
1. 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
2. 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
3. Conference with Legal Counsel—Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 Number of Cases: One
G. COUNCIL MEMBER TRAVEL REPORTS
H. DECLARING RESULTS OF NOVEMBER 8, 2022 ELECTION
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2022-114-3364 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, ACCEPTING THE OFFICIAL CANVASS
AND OFFICIAL STATEMENT OF VOTES CAST FROM THE COUNTY OF LOS ANGELES REGISTRAR RECORDER’S OFFICE, AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW” reading by title only and waiving further reading thereof.
I. ADMINISTRATION OF OATHS OF OFFICE TO ALBERT F. AMBRIZ AND H. MANUEL ORTIZ J. REORGANIZATION OF CITY COUNCIL
Department: Administration / City Clerk
Recommendation: Councilmembers election Mayor and Mayor Pro Tempore K. ROLL CALL OF NEWLY SEATED CITY COUNCIL
L. COUNCILMEMBER COMMENTS
December 14, 2022
M. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
N. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
1. Chamber of Commerce Business of the Month – Fit4Duty Consulting
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:
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. Regular meeting held August 25, 2021
2. Special Joint Meeting held November 9, 2022
3. Regular meeting held November 9, 2022
4. Special Joint Meeting held November 17, 2022
B. Warrants/Demands/Payroll
Department: Finance
Recommendation: Approve
December 14, 2022
C. Development Impact Fee Compliance Report Required Pursuant to Government Code § 66006
Department: Finance
Recommendation: Review, receive and file the Development Impact Fee Compliance Report for Fiscal Year ending June 20, 2022.
D. Request to Approve a Fee Waiver for the Procession or Parade’s Public Safety Services Performed by Irwindale Police Department for the “Our Lady of Guadalupe Church Fiesta” on December 11, 2022
Department: Police
Recommendation: Adopt Resolution No. 2022-121-3371, entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE RETROACTIVELY APPROVING THE PUBLIC
SAFETY SERVICE FEE WAIVER FOR THE PROCESSION PARADE OF OUR LADY OF GUADALUPE CHURCH FIESTA ON DECEMBER 11, 2022”, waiving further reading.
E. Authorizing Finance Director to amend Fiscal Year 2022-2023 adopted budget by appropriating $4,349,965.75 from the General Fund reserve to the Capital Improvement Program Project 8230, and issue a letter to California State Library guaranteeing and confirming City of Irwindale’s availability of all matching funds Department: Administration
Recommendation: Adopt Resolution No. 2022-123-3373 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE FISCAL YEAR 2022-2023 ADOPTED CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROPRIATING $4,349,965.75
FROM THE GENERAL FUND RESERVE TO THE CITY OF IRWINDALE PUBLIC LIBRARY
IMPROVEMENT PROJECT, AND AUTHORIZING THE ISSUANCE OF A LETTER TO THE
CALIFORNIA STATE LIBRARY GUARANTEEING AND CONFIRMING THE CITY OF IRWINDALE’S AVAILABILITY OF ALL MATCHING FUNDS FOR THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT.”
F. 2023 List of Local Appointments
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2022-115-3365 entitled, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE, STATE OF CALIFORNIA, REGARDING THE PREPARATION OF THE 2023 LOCAL APPOINTMENTS LIST AND POSTING OF THE SAME” reading by title only and waiving further reading thereof.
December 14, 2022
G. Request to Approve Amendment No. 1 to a Professional Consulting Contract with LSA Associates, Inc. for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the construction of eleven (11) speculative concrete tilt-up buildings for a total of 1.27 million square feet of light industrial commercial business park uses on an approximately 62.7 acre project site located at 500 Speedway Drive [APNs]: 8532‐004‐ 022, 8532‐004‐026, and 8532‐004‐025
Department: Community Development
Recommendation: Approve the contract Amendment No. 1 with LSA Associates, Inc. for the preparation of an Initial Study and Environmental Impact Report to be prepared in association with a land use entitlement application for property located at 500 Speedway Drive, Irwindale, CA 91706.
H. Request to Approve the Amended and Restated Project Reimbursement Agreement between the City and Irwindale Industrial, LLC (“Applicant”) for city and consultant costs associated with a proposed industrial/commercial business park to be located at 500 Speedway Drive [APNs]: 8532‐004‐022, 8532‐004‐026, and 8532‐004‐025 Department: Community Development
Recommendation: Approve the Amended and Restated Project Reimbursement Agreement with Irwindale Industrial, LLC for the reimbursement of city and consultant costs associated with the proposed industrial/commercial business park to be located at 500 Speedway Drive [APNs]: 8532‐004‐022, 8532‐004‐026, and 8532‐004‐025.
I. Request to appropriate additional funds, waive formal bidding and approve the purchase of a new replacement vehicle for the Community Development Department Department: Community Development
Recommendation: Adopt Resolution No. 2022-122-3372 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE APPROPRIATION OF
ADDITIONAL FUNDING FOR AND THE PURCHASE AND OUTFITTING OF ONE REPLACEMENT
VEHICLE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND WAIVING FORMAL BIDDING PROCEDURES PER IRWINDALE MUNICIPAL CODE SECTION 3.44.080(F)".
J. Issue Request For Proposals (RFP) for tow services
Department: Police
Recommendation: Adopt Resolution No. 2022-120-3370 entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR TOW SERVICES,” waiving further reading.
December 14, 2022
K. Resolution Casting the City of Irwindale’s Vote for City of Covina Councilmember Hector Delgado to Represent Cities with Prescriptive Pumping Rights as an Alternate Member on the Board of the San Gabriel Basin Water Quality Authority Department: Administration
Recommendation: Adopt Resolution No. 2022-127-3377 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, CASTING ITS VOTE FOR CITY
OF COVINA COUNCILMEMBER HECTOR DELGADO TO REPRESENT CITIES WITH
PRESCRIPTIVE PUMPING RIGHTS AS AN ALTERNATE MEMBER ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY”.
L. Reasonable Accommodations Policy for Public Agency Brown Act Meetings Department: Administration
Recommendation: Approve and adopt the Reasonable Accommodations Policy for Public Agency Brown Act Meetings.
M. Award of Contract to VectorUSA for the Security Surveillance System & Installation Department: Administration / IT
Recommendation: Adopt Resolution No. 2022-125-3375 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE WAVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E),
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER AND AUTHORIZING THE ASSISTANT
CITY MANAGER TO EXECUTE A CONTRACT TO VECTORUSA, AND APPROPRIATING
ADDITIONAL FUNDS FOR THE PURCHASE AND EQUIPMENT INSTALLATION OF THE SECURITY SURVEILLANCE SYSTEM & INSTALLATION.”
N. Acceptance of the 2021-2022 Resurfacing Program: Residential Resurfacing Project – Phase I; P-1034
Department: Engineering
Recommendation: (1) Ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements of the 2021-2022 Resurfacing Program: Residential Resurfacing Project – Phase I; (2) approve the final construction project amount of $623,539.82 under the construction contract with Hardy and Harper, Inc.; (3) approve final construction management and inspection services contract with Z&K Consultants in the amount of $71,962.00; (4) authorize the City Clerk to record the Notice of Completion; and (5) authorize the Finance Director to release the 5% retention amount for the construction project.
December 14, 2022
O. Amendment No. 1 to Contract Services Agreement with Johnson-Frank & Associates, Inc. for Topographic-Hydrographic Survey of Eight (8) Sand and Gravel Mines; P-1048 Department: Engineering
Recommendation: Approve and authorize City Manager to Amend the Contract Agreement with Johnson-Frank & Associates, Inc. for the Topographic-Hydrographic Survey of Eight (8) Sand and Gravel Mines (P-1048) to increase the contract amount from $135,400 to $161,763 (an increase of $26,363).
P. Approve Additional Fee Waiver for the Tournament of Roses Waiving City Transportation / Oversized Vehicle Fees
Department: Administration
Recommendation: Adopt Resolution No. 2022-128-3378, entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE PASADENA TOURNAMENT OF ROSES 501(C)(3) NONPROFIT ORGANIZATION, WAIVING
ADDITIONAL CITY TRANSPORTATION / OVERSIZED VEHICLE FEES IN THE AMOUNT OF $64.00”
Q. Rejection of Claim: Jose Herrera Gudino vs. City of Irwindale Department: Administration / City Clerk
Recommendation: Reject the claim of Jose Herrera Gudino vs. City of Irwindale and direct staff to send a letter of rejection.
2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Mayor’s Appointment of Delegates and Alternates
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2022-116-3366 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING DELEGATES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY” reading by title only and waiving further reading thereof.
B. Parks & Recreation Commission Appointments
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2021-117-3367 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION COMMISSION OF THE CITY OF IRWINDALE” reading by title only and waiving further reading thereof.
December 14, 2022
C. Planning Commission Appointments
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2021-118-3368 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO MEMBERS TO THE PLANNING COMMISSION OF THE CITY OF IRWINDALE” reading by title only and waiving further reading thereof.
D. Senior Citizen Commission Appointment
Department: Administration / City Clerk
Recommendation: Adopt Resolution No. 2022-119-3369 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING A MEMBER TO THE SENIOR CITIZENS COMMISSION OF THE CITY OF IRWINDALE” reading by title only and waiving further reading thereof.
E. Introduction and First Reading of Ordinance No. 764 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOS. 709 AND 743 IN
THEIR ENTIRETY, AND ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH, AMENDING TITLE 15 OF THE IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 15.07 – “EXISTING BUILDING CODE,” AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE (2023 EDITION) WITH IRWINDALE AMENDMENTS, LOS ANGELES COUNTY ELECTRICAL CODE (2023 EDITION), LOS ANGELES COUNTY PLUMBING CODE (2023 EDITION), LOS ANGELES COUNTY MECHANICAL CODE (2023 EDITION), LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE (2023 EDITION), LOS ANGELES COUNTY RESIDENTIAL CODE (2023 EDITION), EXISTING BUILDING CODE (2023 EDITION), AND ADOPTING LOCAL AMENDMENTS THERETO PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ.
Department: Engineering
Recommendation: Introduce the first reading of Ordinance No. 764 amending Title 15 of the Irwindale Municipal Code by adding Chapter 15.07 – Existing Building Code and adopting by reference the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards and Existing Building Codes with County and City Amendments, and schedule a public hearing on January 11, 2023.
December 14, 2022
F. Request to Extend the Hours of Operation for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products Pit No. 2 from December 31, 2022 until July 31, 2023
Department: Community Development and Engineering
Recommendation: Approve the request from United Rock Products, Inc. (United) to extend the hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 (URP-2) from December 31, 2022 until July 31, 2023.
The extended hours of operation during this time period would be: 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).
G. Assembly Bill 2449 Brown Act Teleconferencing Requirements Department: Administration
Recommendation: Receive and file.
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
5. AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
6. ADJOURN
December 14, 2022
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 November 9, 2022
2. Regular meeting held November 9, 2022
3. Special Joint Meeting held November 17, 2022
B. Warrants
Department: Finance
Recommendation: Approve
C. Consideration of Resolution No. SA 2022-124-3374 of the City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency Approving a Recognized Obligation Payment Schedule and Administrative Budget for July 1, 2023 through June 30, 2024
Department: Finance
Recommendation: Adopt Resolution No. SA 2022-124-3374 entitled “A RESOLUTION OF
THE CITY OF IRWINDALE AS SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE TWELVE-MONTH FISCAL PERIOD BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024”.
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
December 14, 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. Regular meeting held August 25, 2021
2. Special Joint Meeting held November 9, 2022
B. Irwindale Housing Authority Annual Report for Fiscal Year (FY) 2021-2022 Department: Community Development / Housing
Recommendation: Receive and file the FY 2021-2022 Irwindale Housing Authority Annual Report and direct that such report be filed with the City of Irwindale City Clerk's office and the Department of Housing and Community Development
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
December 14, 2022
RECLAMATION AUTHORITY
As required by Government Code section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting
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 Reclamation 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. Regular meeting held May 26, 2022
2. Regular meeting held September 14, 2022
B. 2022 4
th Quarter Mining Report of Nine (9) SMARA Pits
Department: Engineering
Recommendation: Receive and file the report.
C. Investment Quarterly Report – September 30, 2022
Department: Finance
2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
3. PUBLIC HEARING
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
4. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Armando Hegdahl, Management Analyst, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing and Reclamation Authorities, to be held on December 14, 2022, be posted at the City Hall, Library, and Post Office on December 8, 2022.
Armando Hegdahl, CMC
Armando Hegdahl, CMC
Management Analyst
12JCity Council
12JSuccessor Agency
12JHousing Authority
12JReclamation Authority
DJoint Powers Authority
Date: December 14, 2022
Otyif
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
ASP Item C-1
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director A Resolution to Re-Ratify the Existence of a Local Emergency and Authorize Issue: Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30- Day Period Beginning December 14, 2022 through January 13, 2023 City Manager/Executive Director's Recommendation:
Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2022-112-3362, Resolution No. SA 2022-113-3363, Resolution No.
HA 2022-21-131, and Resolution No. RA 2022-08-035 entitled, "A JOINT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR
AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, THE
BOARD OF THE IRWINDALE HOUSING AUTHORITY, AND THE BOARD OF THE
IRWINDALE RECLAMATION 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 DECEMBER 14, 2022 THROUGH JANUARY 13, 2023, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361".
Administrative Action:
Submitted I Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Electronically Approved
Julian A. Miranda, City Manager I Executive Director
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Background and Analysis:
Since September 29, 2021, the City Council, jointly with the Successor Agency, Housing Authority and Reclamation Authority have adopted resolutions declaring an exemption under AB361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing. The City Council, Successor Agency, Housing Authority and Reclamation Authority (collectively, "City") have reviewed and adopted joint resolutions every month, ratifying the existence of a local emergency and authorizing remote hybrid meetings for all legislative bodies.
The State of California has implemented a phased rollback of the executive orders that were implemented due to COVID-19. Various remaining orders that were previously set to expire on June 30, 2022, were extended on June 17, 2022 for the duration of the state of emergency. The State's declared emergency continues to be in effect. Additionally, current guidance provided by the Los Angeles County Department of Public Health for reducing the risk of COVID-19 recommends social distancing from people outside your household when their vaccination status is unknown. As a result, the findings exist for the City to continue to conduct the public meetings under the AB 361 exemption, should this be the City's desire.
The attached joint resolution for the City Council, Successor Agency, Housing Authority and Reclamation Authority, make the findings necessary for the legislative bodies to declare an exemption under AB 361 as (1) there is an existing state of emergency declared by the Governor and (2) the Los Angeles County Department of Public Health's guidance recommends to social distance (about 6 feet away) from people outside your household or when vaccination status is unknown.
As a result, the joint Resolution modifies public meetings as follows:
Page2
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations within the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) and indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.
Fiscal Impact:
Conducting remote hybrid public meetings will require city staff to assist with the meeting and public participation, remotely or in-person. The fiscal impact will be based on the amount of staff required and the duration of the meeting. The fiscal impact for all Council and Commission meetings for the 30-day period beginning December 14, 2022 through January 13, 2023 is estimated to be approximately $900.
Attachment:
1. Joint Resolution No. 2022-112-3362, Resolution No. SA 2022-113-3363, Resolution No. HA2022-21-131, and Resolution No. RA2022-08-035
RESOLUTION NO. 2022-112-3362
RESOLUTION NO. SA 2022-113-3363
RESOLUTION NO. HA 2022-21-131
RESOLUTION NO. RA 2022-08-035
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT
AGENCY, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY, AND THE
BOARD OF THE IRWINDALE RECLAMATION 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 DECEMBER 14, 2022 THROUGH JANUARY 13, 2023 PURSUANT TO THE RALPH M. BROWN ACT AND ASS EMBLY BILL NO. 361
WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29- 20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access 01005.0001/839393.1 Resolution No. 2022-112-3362
Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2020, Governor Newsom issued Executive Order N-35- 20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15-21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
WHEREAS, on October27, 2021 Qoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Qoint Resolution No. 2021-100-3312, Resolution No. SA 2021-101-3313 and Resolution No. HA 2021-07-106), December 8, 2021 Qoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- Resolution No. 2022-112-3362
Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Qoint Resolution No. 2022-02-3251, SA Resolution No. 2022-03-3252 and HA Resolution No. 2022-01-111 ), February 9, 2022 Qoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), March 9, 2022 Qoint Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028), April 13, 2022 Qoint Resolution No. 2022-30-3280, SA Resolution No. 2022-31-3281 and Resolution No. HA 2022-06-116), May 11, 2022 Qoint Resolution No. 2022-45-3295, SA Resolution No. 2022-46-3296 and Resolution No. HA 2022-10-120), June 8, 2022 Qoint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123, and Resolution No.
RA 2022-06-033); July 13, 2022 (Resolution No. 2022-68-3318, Resolution No. SA 2022- 69-3319 and Resolution No. HA 2022-14-124), July 27, 2022 (Resolution No. 2022-75- 3325, Resolution No. SA 2022-76-3326 and Resolution No. HA 2022-15-125), August 24, 2022 (Resolution No. 2022-80-3331, Resolution No. SA 2022-81-3332 and Resolution No. HA 2022-16-126), September 14, 2022 (Resolution No. 2022-90-3340, Resolution No. SA2022-91-3341, Resolution No. HA2022-18-128, and Resolution No. RA2022-07- 034), October 12, 2022 (Resolution No. 2022-97-3347, Resolution No. SA 2022-98-3348 and Resolution No. HA 2022-19-129), and November 9, 2022 (Resolution No. 2022-105- 3355, Resolution No. SA 2022-106-3356, and Resolution No. HA 2022-20-130) respectively the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board reviewed and declared an exemption under AB 361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
SUCCESSOR AGENCY TO THE FORMER IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY, THE IRWINDALE HOUSING AUTHORITY BOARD , AND
THE IRWINDALE RECLAMATION AUTHORITY BOARD DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board determine that each of the findings set forth above is true and correct and incorporated herein by this reference.
SECTION 2. The City Council, Successor Agency Board, Housing Authority Board, and Reclamation Authority Board hereby consider the conditions of the state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City of Irwindale, and reaffirm, reauthorize, and continue the existence of a local emergency throughout the City.
SECTION 3. The City Council, Successor Agency Board, Housing Authority Board, and Reclamation Authority Board hereby find that the state of emergency declared by 01005.0001/839393.1 Resolution No. 2022-112-3362
Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.
SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council, Successor Agency Board, Housing Authority Board, and Reclamation Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, Irwindale Housing Authority Board of Commissioners, Irwindale Reclamation Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953(e). As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements, allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inResolution No. 2022-112-3362 Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
Page4
person shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.
SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings in-person and remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.
SECTION 6. Pursuant to Government Code section 54953(e)(4), the local legislative body will verify every 30 days that the exemption from traditional teleconference requirements under the Brown Act is still necessary. The legislative body must make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
a. The legislative body has reconsidered the state of emergency circumstances; and b. Either (1) the state of emergency continues to directly impact the ability to meet safely in person, or (2) state or local officials continue to impose or recommend measures to promote social distancing.
SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on December 14, 2022 and shall be effective until the earlier of (i) January 13, 2023, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b )(3).
PASSED, APPROVED AND ADOPTED this 14th day of December 2022. 01005.0001/839393.1
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-112-3362
Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
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 joint Resolution No. 2022-112-3362, Resolution No. SA 2022-113-3363, Resolution No. HA 2022-21- 131 and Resolution No. RA 2022-08-035 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 14th day of December 2022, by the following vote:
AYES: Councilmembers/Agency Members:
NOES: Councilmembers/Agency Members:
ABSTAIN: Councilmembers/Agency Members:
ABSENT: Councilmembers/Agency Members:
Resolution No. 2022-112-3362
Resolution No. SA 2022-113-3363
Resolution No. HA2022-21-131
Resolution No. RA 2022-08-035
Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Assembly Bill No. 361
CHAPTER165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be pennitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 -2-
resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January I, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of detennining, by majority vote, whether meeting in person would present innninent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has dete1mined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-baSed service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 -3- Ch. 165
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. ·
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campnses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch.165 -4-
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 3 3 9 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional require1nents relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION I. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5- Ch.165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the locaiion specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public cormnent. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(I) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch.165 -6-
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of connnunication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such meaus on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion aud to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section I I I 33 is added to the Govermnent Code, to read:
II 133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and ( e ), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (I) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
( c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7- Ch. 165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation fro1n individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the tirneframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the 1neans of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and connnent, a state body may satisfy this requirement by advertising the means of public observation and cormnent using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of cmmnunication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Govermnent Code is amended to read:
92 Ch.165 -8-
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a reco1nmendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right nnder the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 -9- Ch.165
( d) ( 1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 ( connnencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more me1nbers. ( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) ifthe legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to pro1note social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has detennined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportnnity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch.165 -10-
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items duririg a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platfonn, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public cormnent separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public cormnent, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11- Ch.165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (I), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circnmstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recormnend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (connnencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(t) This section shall remain in effect only until January I, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body ofa local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch. 165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes ofthis section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a smnmary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recolDlnendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Altic le 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 -13- Ch.165
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) (1) A local agency may use teleconferenciog without complyiog with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the followiog circmnstances:
(A) The legislative body holds a meeting duriog a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting duriog a proclaimed state of emergency for the purpose of deterrn:irring, by majority vote, whether as a result of the emergency, meeting in person would present irmninent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings io a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption withio the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appeariog on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items duriog a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meetiog and must provide an opportunity for 92 Ch.165 -14-
the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public connnent until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public connnentperiod has elapsed. (3) Ifa state ofe1nergencyre1nains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 ( cmmnencing with Section 8550) of Chapter 7 of Division I of Title 2).
(f) This section shall remain in effect only until January I, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 -15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each 1nember present for the action.
(3) Prior to taking final action, the legislative body shall orally report a surrunary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), ifa health authority conducts a teleconference meeting, 92 Ch.165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the bouudaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) ofDivision 2 of the Health and Safety Code ifthe advis01y committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Goverrnnent Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be pennitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for tbe benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17- Ch.165
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding. and each teleconference location shall be accessible to the public. During the teleconference. at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of tbis section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3 .5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations witbin or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other require1nents of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code. and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory co1nmittee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enbance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the pnblic's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.
The facts constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92
CJ City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: December 14, 2022
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item H
Issue: Declaring Results of November 8, 2022 General Municipal Election City Manager's Recommendation:
Adopt Resolution No. 2022-114-3364 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,
ACCEPTING THE OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST
FROM THE COUNTY OF LOS ANGELES REGISTRAR RECORDER'S OFFICE, AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW" reading by title only and waiving further reading thereof.
Administrative Action:
Prepared I Submitted by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0001/839403.1
\"-.
lectronically Approved
Background and Analysis:
A Consolidated General Municipal Election was held and conducted in the City of Irwindale, California, on Tuesday, November 8, 2022, as required by law.
The results of the November 8, 2022 Consolidated General Municipal Election have been canvassed by the Los Angeles County Registrar-Recorder I County Clerk's Office. On completion of the canvass of votes, Elections Code §§10263-10264 requires the city council to adopt a resolution reciting the election and results including (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the measures voted upon; (5) the number of votes given at each precinct to each person, and for and against each measure; (6) the total number of votes given to each person, and for or against each measure.
In consolidated elections, the city council must meet to declare the results at the next regularly scheduled city council meeting, or a special meeting called for this purpose, following the presentation of the 28-day canvass from the county elections official.
The results of the November 8, 2022 Consolidated General Municipal Election are hereby transmitted for adoption through the Resolution No. 2022-114-3364, certifying the same. It would now be appropriate for the City Council to adopt the resolution, certifying the election results.
Fiscal Impact:
There is no fiscal impact associated with this action.
Attachment:
Proposed Resolution No. 2022-114-3364
Declaring Election Results
Page2
RESOLUTION NO. 2020-96-3256
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE, CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, ACCEPTING THE
OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FROM THE
COUNTY OF LOS ANGELES REGISTRAR RECORDER'S OFFICE,
AND DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, a Consolidated General Municipal Election was held and conducted in the City of Irwindale, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that elections officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by applicable provisions of the Elections Code of the State of California for the holding of elections in charter cities and the provisions of the City of lrwindale's Charter; and
WHEREAS, the Los Angeles County Registrar Recorders Office canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as "Exhibit A;" and WHEREAS, the City Council of the City of Irwindale now desires to adopt this resolution reciting the November 8, 2022 Consolidated Municipal Election and declaring its results.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. That the Chief Deputy City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the measures voted upon; (5) the number of votes given at each precinct to each person, and for and against each measure; (6) the total number of votes given to each person, and for or against each measure.
SECTION 3. That the whole number of ballots cast in the precinct except vote by mail voter ballots was 211, that the whole number of vote by mail voter ballots cast in the City was 349, making a total of 560 ballots cast in the City.
Resolution No. 2022-112-3364
SECTION 4. That the names of persons voted for at the election for Member of the City Council are as follows:
Albert F. "Albie" Ambriz
Hector "Manuel" Ortiz
Rosemary P. Martinez
Jason L. Hickman
SECTION 5. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named in Section 3 for the respective offices for which the persons were candidates are as listed in Exhibit A, attached.
SECTION 6. That the City Council does declare and determine that: Albert F. "Albie" Ambriz was elected as Member of the City Council for the full term of four years; and Hector "Manuel" Ortiz was elected as Member of the City Council for the full term of four years.
SECTION 7. That no city measures were voted upon during this election.
SECTION 8. That the Chief Deputy City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Chief Deputy City Clerk and authenticated; that the Chief Deputy City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the Chief Deputy City Clerk.
Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 9. That the Chief Deputy City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 14th day of December 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-112-3364
Larry G. Burrola, 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. 2022-114-3364 was duly and regularly passed and adopted by the City Council of the City of Irwindale at a regular meeting held on the 14th day of December 2022, by the following vote:
A YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-112-3364
Page3
EXHIBIT "A"
-3o&cA~~~
JZ6~-JZ6~;~~ ~bk c.. ttftcate of the Canvass of the Election Returns I, DEAN C. LOGAN, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(.v) for at the General Election, held on the 8th day of November, 2022.
I FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows tlte total m1111ber of ballots cast in said jurisdiction, am/ that tlte whole 1111111ber of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective precincts therein, and tlte totals of the respective columns and tlte totals as sltow11.for each candidate and/or measure(s) are full, true am/ correct.
IN WITNESS WHEREOF, I have hereunto set my hand and <iffixed my seal this 5th day of December, 2022.
DEAN C. LOGAN
Registrar-Recorder/County Clerk
County of Los Angeles
COUNTY OF LOS ANGELES - GENERAL ELECTION 11108122 56.1 - PAGE - 1063 of 17855 IAWJNDALE CITY GEN MUN!
COUNCILMEMBER
FINAL OFFICIAL
STATEMENT OF VOTES CAST !!' ?Y
BY PRECINCT ,__'-< 8 ~
'
·- g§y 8 ~"" *" g% REGIST· BALLOTS tj ~~ LOCATION RATION CAST ~1 ~ '<- ~~ "e IAWINDALE- 3000001A' 0 0 0 0 0
VOTE BY MAIL SER!AL6669 1 0 1 0 0
TOTAL 3 1 0 1 0 0
IRWINDALE· 3000001K' 0 0 0 0 0
VOTE BY MAIL SERIAL6670 0 0 0 0 0
TOTAL 0 0 0 0 0 0
IRWINDALE - 3000001 M' 0 0 0 0 0
VOTE BY MAIL SERIAL6671 0 0 0 0 0
TOTAL 0 Q 0 0 0 Q
IRW!NDALE - 3000003A" 185 83 94 69 91
VOTE BY MAIL SERIAL6672 263 158 162 67 86
TOTAL 795 448 241 256 136 177
IRWINDALE· 3000004B' 21 10 10 7 7
VOTE BY MAIL SERIAL 6673 63 27 40 20 22
TOTAL 187 84 37 50 27 29
IRWINDALE - 3000004C' 0 0 0 0 Q
VOTE BY MAIL SERIAL6674 0 0 0 0 0
TOTAL 0 0 0 0 0 0
IRWINDALE - 30000040' 0 0 0 0 0
VOTE BY MAIL SERIAL6675 0 0 0 0 0
TOTAL 0 Q 0 0 0 0
IAWINDALE - 3000004F' 0 0 0 0 0 .
VOTE BY MAIL SERIAL6676 0 0 0 0 0
TOTAL 1 0 0 0 0 0
IRWINDALE • 300000BA' 5 2 5 2 Q
VOTE BY MAJL SERIAL6677 18 11 12 4 2
TOTAL 48 23 13 17 6 2
IRWINDALE - 3000008F' 0 0 0 0 0
VOTE BY MAIL SERIAL6678 0 0 0 0 0
TOTAL 0 0 0 0 0 0
IRWINDALE • 3000009A' 0 0 Q 0 0
VOTE BY MAIL SERIAL6679 4 4 0 1 2
TOTAL 10 4 4 0 1 2
IRWINDALE • 300001 OA' 0 Q 0 Q Q
VOTE BY MAIL SERIAL 6680 0 0 Q Q Q
TOTAL 0 0 0 0 0 0
BALLOT GROUP 50- 9990050A"· 0 0 0 Q Q
VOTE BY MAIL SERIAL8050 0 Q 0 Q Q
TOTAL Q 0 0 0 0 0
BALLOT GROUP 68 - 9990068A1' 0 0 0 0 0
VOTE BY MAJL SERIAL8068 0 Q 0 0 0
TOTAL 0 0 0 0 0 0
COUNTY OF LOS ANGELES· GENERAL ELECTION 11/08-'22 56.2
- PAGE - 1064 of 17855
IRWINDALE CITY GEN MUNI
CDUNCILMEMBER
FINAL OFFICIAL
STATEMENT OF VOTES CAST I! CY
BY PRECINCT ,.__'<. §" it cff ---·- fl ty §" it
LOCATION I REGIST· BALLOTS Qj if (j ~':§ " "" . RATION CAST "'~ ~ Qj ~~ BALLOT GROUP 69 - 9990069A11 0 0 0 0 0
VOTE BY MAIL SERIAL8069 0 0 0 0 0
TOTAL 0 0 0 0 0 0
BALLOT GROUP 70 · 9990070A"' 0 0 0 0 0
VOTE BY MAIL SERIAL8070 0 0 0 0 0
TOTAL 0 0 0 0 0 0
BALLOT GROUP 71 • 9990071A11 0 0 0 0 0
VOTE BY MAIL SERIAL8071 0 0 0 0 0
TOTAL 0 0 0 0 0 0
BALLOT GROUP 90 - 9990090A" 0 0 0 0 0
VOTE BY MAJL SERIAL8090 0 0 0 0 0
TOTAL 0 0 0 0 0 0
BALLOT GROUP 91 - 9990091A" 0 0 0 0 0
VOTE BY MAIL SERIAL8091 0 0 0 0 0
TOTAL 0 0 0 0 0 0
COUNTY OF LOS ANGELES· GENERAL ELECTION 11108122 56.3 ·PAGE· 1065of 17855
IRWINDALE CITY GEN MUNI
COUNCILMEMBER
FINAL OFFICIAL
STATEMENT OF VOTES CAST ~ CY
BY PRECINCT ~ &- # ~,.
~{::y &- "':;;- &~ LOCATION REGIST· BALLOTS "'if c : {P(j RATION CAST "';f $ "~ PRECINCTTOTAL 211 95 109 78 9B
VBM TOTAL 349 200 215 92 112
GRAND TOTAL 1044 560 295 324 170 210
18City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: December 14, 2022
Cityo/
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Reorganization of the City Council
City Manager's Recommendation:
Councilmembers elect Mayor and Mayor Pro Tempore.
Administrative Action:
Prepared I Submitted by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
CC Item J
Adrian Guerra, City Attorney Electronically Approved
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0001/839394.1 Page 1
Background and Analysis:
In accordance with City Charter section 601 and Ordinance No. 711, B (viii), it is appropriate at this time for the City Council to reorganize, including the selection of a new Mayor and Mayor Pro Tempore. In order to complete the reorganization, the following procedure is recommended:
1. The Chief Deputy City Clerk opens the nominations for the office of Mayor. Any Councilmember may nominate and no second to the nomination is required.
2. After receiving all nominations, the Chief Deputy City Clerk closes the nominations.
3. The Chief Deputy City Clerk then conducts the election of the Mayor by roll call vote.
If there is more than one nomination, a roll call vote is conducted in order nominated until a Mayor is elected by majority vote.
4. The new Mayor then opens nominations for Mayor Pro Tempore in the same manner as above.
5. After receiving all nominations, the Mayor then closes the nominations.
6. The Mayor then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order nominated until a Mayor Pro Tempore is elected by majority vote.
Fiscal Impact:
There is no fiscal impact associated with this action.
Page2
CC Item 1A1
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
I AUGUST 25, 2021
'---~~~~~~~- WEDNESDAY
6:39 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 TAM
COUNCILMEMBER
TRAVEL REPORTS
COUNCILMEMBER
COMMENTS
MAYOR ORTIZ
MAYOR PRO TEM
BURROLA
MAYOR ORTIZ
INTRODUCTION OF
NEW EMPLOYEES I
PROMOTIONS
Present: Councilrnernbers Albert F. Ambriz, Manuel R. Garcia; Mayor Pro Tern Larry G. Burrola; Mayor H. Manuel Ortiz
Absent: Councilrnernber Mark A. Breceda
Present: William Tam, City Manager; Theresa Olivares, Assistant City Manager; Adrian Guerra, City Attorney; Ty Henshaw, Chief of Police; Arsanious Hanna, Director of Engineering I Building Official; Eva Carreon, Finance Director I City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Jeff Wagner, Information Technology Manager; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Deputy City Clerk City Manager Tarn requested on behalf of Mayor Ortiz to pull Consent Calendar Item No. 1 F for a report from staff and to move the presentation by Legal Counsel to the City Manager's Report.
None.
Mayor Ortiz requested for the meeting to be adjourned in memory of Jesse Gomez.
Mayor Pro Tern Burrola inquired about the traffic signal timing at Irwindale Avenue and Arrow Highway and reported a water leak near the Public Works Yard driveway and another near the memorial.
Mayor Ortiz spoke on an issue on Nora Avenue and Fraijo Avenue near the school bus parking lot on Cypress, which causes drivers to park their autos along Fraijo and Nora. Residents are concerned that there is insufficient parking for them along the streets. The problem is compounded on street sweeping days and trash-pickup days. He requested that staff look into the concern as soon as possible.
None.
CITY COUNCIL MINUTES
REGULAR MEETING
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
IRWINDALE CHAMBER
OF COMMERCE
BUSINESS OF THE
MONTH - TRILOGY
FINANCIAL
SPONTANEOUS
COMMUNICATIONS
LINDA BLOHM
FRED BARBOSA
CARMEN ROMAN
SANDRA ARMENTA
DENA ZEPEDA
AUGUST 25, 2021
PAGE2
IRWINDALE CHAMBER OF COMMERCE BUSINESS OF THE
MONTH - TRILOGY FINANCIAL
The presentation was made.
Linda Blohm spoke about damage to the Las Casitas apartment where her mother, Maggie Guzman, resides. She indicated that a water leak from the unit above hers has caused mold, carpet, and paint issues. She indicated that blowers have been used nonstop for the past 15 days to try to dry the water damage. She added that Ms.
Guzman was told she had to repaint using the paint she purchased herself, and stated that she does not understand why the issue is not being taken care of since it is causing Ms. Guzman to experience health issues.
Fred Barbosa asked which staff member authorized the construction of a pad at the Vincent pit site without approval of the project. He expressed concern over the potential environmental impacts and stressed that the Council must make the best decision for residents.
Carmen Roman agreed that the parking situation along Nora and Fraijo should be looked into. She also complained that the workers of the Irwindale Car Wash are taking up all the parking along Allen Drive.
She then demanded that the city place Maggie Guzman in a temporary apartment while repairs are being made at her apartment, and suggested that the Council keep residents' health as the top priority when considering allowing potential projects.
Sandra Armenta, with the office of Senator Susan Rubio, announced an upcoming vaccination clinic.
Dena Zepeda asked when the city budget would be posted on the city website, complained that school buses are not being ticketed, stated that bus drivers are jaywalking on Cypress, and made allegations of Brown Act violations and conflicts of interest against Councilmember Breceda and Jason Hickman, and made further allegations of fraud and corruption that the City Attorney's Office did not act upon, and stated that the residents are waiting for the city to build houses for them.
CITY COUNCIL MINUTES
REGULAR MEETING
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
ITEM NO. 1B
WARRANTS
/DEMANDS
I PAYROLL
ITEM NO. 1C
ACCEPTANCE OF
OUTDOOR FITNESS
EQUIPMENT AND
AUGUST 25, 2021
PAGE3
A motion was made by Mayor Pro Tern Burrola, seconded by Councilrnernber Ambriz, to approve the Consent Calendar, with the exception of Item No. 1 F, which was removed for separate consideration. The motion was unanimously approved;
Councilrnernber Breceda absent.
MINUTES
None for approval.
WARRANTS/DEMANDS/PAYROLL
The warrants I demands I payroll were approved.
ACCEPTANCE OF OUTDOOR FITNESS EQUIPMENT AND
SURFACING PROJECTS AT JARDIN DE ROCA SKATE PARK AND
THE IRWINDALE SENIOR CENTER
SURFACING PROJECTS 1) The improvements and maintenance responsibility for the outdoor AT JARDIN DE ROCA fitness equipment and surfacing completed at Jardin de Roca Skate SKATE PARK AND THE Park and the Irwindale Senior Center was accepted; 2) the City Clerk IRWINDALE SENIOR was authorized to record the Notice of Completion; 3) the cost for the CENTER civil drawings and calculations to comply with ADA requirements were ratified, and 4) the Finance Director was authorized to release the final payments for this project.
ITEM N0.1D
BILLBOARD
DONATION-CITY OF
HOPE'S WALK FOR
HOPE 2021
RESOLUTION NO.
2021-70-3282
ADOPTED
ITEM NO. 1E
A RESOLUTION TO
EXTEND THE
EXISTENCE OF A
LOCAL EMERGENCY
REGARDING
COVID-19 PANDEMIC
BILLBOARD DONATION - CITY OF HOPE'S WALK FOR HOPE
2021
Resolution No. 2021-71-3283, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE FINDING THAT A 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.
A RESOLUTION TO EXTEND THE EXISTENCE OF A LOCAL
EMERGENCY REGARDING COVID-19 PANDEMIC
CITY COUNCIL MINUTES
REGULAR MEETING
RESOLUTION NO.
2021-70-3282
ADOPTED
Resolution No. 2021-70-3282, entitled:
AUGUST 25, 2021
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 MUNICIPAL CODE CHAPTER
2.44", was adopted.
END OF CONSENT CALENDAR
ITEM NO. 1F
ACCEPTANCE OF THE
IRWINDALE PARK
IMPROVEMENTS
PROJECT PHASE Ill;
P-1005
DIRECTOR HANNA
MAYOR ORTIZ
ACCEPTANCE OF THE IRWINDALE PARK IMPROVEMENTS
PROJECT PHASE Ill; P-1005
Director Hanna presented the staff report.
Mayor Ortiz noted an increase in project costs due to 25 requested change orders, which he believed to be excessive. He pointed to change orders relating to ADA compliance, landscaping, electrical work, and the painting of the basketball courts, and asked why staff did not anticipate these items from the beginning, to which Director Hanna advised that the project design was completed in 2014, and only began about two years ago. He advised that some items, such as the ones that relate to ADA compliance, were not included until a plan checker noted the need to include them in the plans. The project landscaper also noted necessary changes as the project moved forward, and staff included them in the plans. The painting of the basketball courts were not originally addressed in the plans.
Mayor Ortiz asked whether the need to paint the basketball courts should have been noticed from the beginning, to which Director Hanna reiterated that the plans were approved in 2014 and, in order to prepare new plans, staff would have to redesign the entire project since there have been three code updates between 2014 and 2020, which would delay the project about two years.
Mayor Ortiz also asked about the costs of the change orders, to which Director Hanna advised that staff negotiated with the contractors to bring down the costs as much as possible.
Mayor Ortiz recommended that staff conduct more in-depth analyses of future projects to avoid an excessive number of project change orders. He noted the project cost of $2.7 million, to which Director Hanna noted that this amount covers the design for phases 4 and 5.
CITY COUNCIL MINUTES
REGULAR MEETING
MAYOR PRO TEM
BURROLA
COUNCILMEMBER
GARCIA
COUNCILMEMBER
AMBRIZ
MOTION
NEW BUSINESS
ITEM NO. 2A
RESUMING IN-PERSON
ATTENDANCE AT
PUBLIC MEETINGS
CHIEF DEPUTY
CITY CLERK NIETO
COUNCIL CONSENSUS
ITEM NO. 2B
VERBAL REPORT
ON THE POTENTIAL
INSTALLATION OF A
LEFT TURN ARROW AT
ARROW HIGHWAY AND
VINCENT
AUGUST 25, 2021
PAGES
Responding to a question by Mayor Ortiz, Director Hanna advised that the Council has previously added $2.3 million to proceed with phases 4 and 5 of the project. He added that staff hired a consultant to analyze these phases to avoid the need for a significant amount of change orders.
Mayor Pro Tern Burrola pointed to the amount of requested change orders and stated his belief that the project needs were not analyzed sufficiently by staff.
Councilmember Garcia stated that he agreed to a certain extent. He added that if the project architect or consultant did not include required items to the plans that should have been included, the city should have to bear the costs to include them later. He stated that the architects should be held responsible.
Councilmember Ambriz agreed on the need for due diligence, but indicated that some of the change orders resulted from requests by the Commissions and the Council.
A motion was made by Mayor Ortiz, seconded by Councilmember Ambriz, to ratify the changes to the original scope of work and accept the improvements and maintenance responsibilities for construction of the Irwindale Park Improvements Phase Ill, approve the final construction cost of Phase Ill of the project in the amount of $2,257,576.44, authorize the City Clerk to record the Notice of Completion, and authorize the Finance Director to release the 5% retention amount for the construction project. The motion was unanimously approved; Councilmember Breceda absent.
RESUMING IN-PERSON ATTENDANCE AT PUBLIC MEETINGS
Chief Deputy City Clerk Nieto presented the staff report.
Council consensus was reached to receive and file the report.
VERBAL REPORT ON THE POTENTIAL INSTALLATION OF A
LEFT TURN ARROW AT ARROW HIGHWAY AND VINCENT
(Requested by Mayor Ortiz)
CITY COUNCIL MINUTES
REGULAR MEETING
DIRECTOR HANNA
MAYOR ORTIZ
MAYOR PRO TEM
BURROLA AND
COUNCILMEMBER
AMBRIZ
COUNCILMEMBER
GARCIA
MAYOR ORTIZ
COUNCILMEMBER
GARCIA
AUGUST 25, 2021
PAGE6
Director Hanna made a verbal presentation wherein he advised that staff from the Los Angeles County Department of Public Works would be improving the subject intersection to include a left turn phasing improvement. City staff recommends performing the improvement in conjunction with the County of Los Angeles in order to better coordinate the Arrow Highway corridor and to minimize city costs.
County staff anticipates that the total cost of the project would ascend to about $520,000, with 85% to be covered by the County, 5% by the City of Azusa, and 10% by the City of Irwindale. Funding is available for this cost. County staff also estimates that the design would be completed in 2023, with construction to begin in 2024. He recommended collaborating with the County; alternatively, the City can conduct the work itself at an estimated cost of nearly $600,000.
Mayor Ortiz advised that he has requested this item in light of the unsafe speeding occurring at the intersection. He added that the County in the past has helped with improvements, for example, at Irwindale Avenue and Cypress Street, due to a fatality at the location, which proves that there existed safety issues. He expressed his sentiment that by waiting until 2024 to work at the subject intersection, the County is showing that it is not interested in the safety of pedestrians. He spoke on the need to complete the improvement as soon as possible in an effort to avoid others being hurt. He added that the City Manager has advised that funds for the improvements are already budgeted, and suggested that staff work with Azusa staff to begin work.
Mayor Pro Tern Burrola and Councilmember Ambriz concurred with Mayor Ortiz.
Councilmember Garcia agreed on collaborating on the improvement, but did not agree with the project costs as it is too expensive. He requested that four-way arrows be installed.
Mayor Ortiz requested that Director Hanna reach out to County and Azusa staff to advise them of the Council's wishes, to which Director Hanna advised that proceeding in this manner would cause Irwindale to lose access to grant funding since it required collaboration with the County. This would require for Irwindale to cover 50% of the cost with Azusa covering the remaining 50%.
Replying to a question by Councilmember Garcia, Director Hanna advised that the County of Los Angeles would maintain this specific signal. Councilmember Garcia then suggested perhaps hiring a contractor to prepare drawings, have them install additional equipment to handle the load and demand, and then present the project to the County as an alternative to the County using its own architect.
CITY COUNCIL MINUTES
REGULAR MEETING
DIRECTOR HANNA
DENA ZEPEDA
MOTION
ITEM NO. 2C
RETIREE BENEFITS
FOR COMMISSIONERS
CITY MANAGER TAM
COUNCILMEMBER
AMBRIZ
ITEM NO. 2D
LIABILITY CLAIM OF
DENA ZEPEDA VS.
CITY OF IRWINDALE IN
THE MOUNT OF
$3,306.60
MAYOR ORTIZ
MAYOR PRO TEM
BURROLA
CHIEF DEPUTY CITY
CLERK NIETO
DENA ZEPEDA
FRED BARBOSA
CARMEN ROMAN
AUGUST 25, 2021
PAGE 7
Director Hanna stated that staff could have its consultant group lteris prepare the design and forward to Azusa and the County for their review. The consultant could also provide a cost estimate, which staff could then forward to the Council for review.
Dena Zepeda thanked the Council for working to improve the safety of the intersection.
A motion was made by Mayor Ortiz, seconded by Councilmember Ambriz, to direct staff to reach out to the City of Azusa and the County of Los Angeles to collaborate and share the costs of the project. The motion was unanimously approved; Councilmember Breceda absent.
RETIREE BENEFITS FOR COMMISSIONERS
City Manager Tam presented the report and advised that the matter arose at the request of Councilmember Ambriz. Based on preliminary research, only the City of Industry offers appointed officials with retiree benefits. Staff can continue searching if the Council provides the direction.
Councilmember Ambriz stated that, after careful consideration, he would like to table this matter at this time.
LIABILITY CLAIM OF DENA ZEPEDA VS. CITY OF IRWINDALE IN THE AMOUNT OF $3,306.60
Mayor Ortiz recused himself from this item and exited the Council Chambers at 7:38 p.m.
Mayor Pro Tern Burrola resumed the meeting.
Chief Deputy City Clerk Nieto presented the staff report.
Dena Zepeda spoke in support of approving the claim.
Fred Barbosa spoke in support of approving the claim and suggested that the City seek reimbursement from the contractors since the homeowners cannot afford the repairs.
Carmen Roman spoke in support of approving the claim. She also suggested that potential homeowners hire private inspectors and go
CITY COUNCIL MINUTES
REGULAR MEETING
LINDA MAREZ
DENA ZEPEDA
YOLANDA GARCIA
CARMEN ROMAN
COUNCILMEMBER
GARCIA
COUNCILMEMBER
AMBRIZ
AUGUST 25, 2021
PAGES
to the worksites to ensure quality work is being performed. She alleged that the city housing programs include the installation of "cheap" water heaters, which she alleged is an illegal practice.
Linda Marez thanked the Council and Housing Authority for its programs that provide individuals the opportunity to purchase houses who may otherwise not be able to obtain them. She cautioned, however, that approving this claim would open the door to other resident homeowners who experience damages to seek
reimbursement from the City for the repairs. She noted that owning a home requires homeowners to become responsible for home maintenance.
Dena Zepeda stated that she does not own the home she resides in; rather, the City owns it. She stated that nobody should discriminate against her because she cannot afford the repairs of the work performed by the contractor hired by the City to build the house.
Yolanda Garcia stated that, since the city's insurer recommended denial of the claim, having the Council approve it could be viewed as a gift of public funds. She recommended that the homeowner seek reimbursement for the repair expenses from her homeowners' insurance.
Carmen Roman stated that homeowners who experience problems with their homes should seek reimbursement from the Council. She stated that the City and the Housing Authority is responsible for the homeowners' houses since it allowed "shoddy workmanship". She denied that approving the claim and reimbursing the claimant would be considered a gift of public funds.
Councilmember Garcia stated that both staff and the attorneys consider paying out the claim to be a gift of public funds. He stated that he is opposed to approving the claim and suggested perhaps holding a fund raiser for the claimant, but that the City should not pay on the claim.
Councilmember Ambriz thanked the City Attorney and the City Manager for their input, but stated that the Council will ultimately make the decision on how to proceed. He stated that individuals that purchase houses through the city program should expect their houses to be up-to-par and livable. He added that the contractor failed in their performance since the plumbing trench should have been at a depth of 18 to 24 inches deep rather than only nine inches. He also stated that the County Inspector did not conduct a proper inspection, and stated his belief that approving and paying out the claim would not be considered a gift of public funds since the contractor's workmanship was not properly inspected. He added that future reimbursement requests by resident homeowners would be considered on a caseby-case basis.
CITY COUNCIL MINUTES
REGULAR MEETING
MOTION
MAYOR PRO TEM
BURROLA
ROLL CALL
RECESS
RECONVENE
CITY MANAGER'S
REPORT
AUGUST 25, 2021
PAGE 9
A motion was made by Councilmember Ambriz to approve the claim of Dena Zepeda.
Mayor Pro Tern Burrola thanked staff for looking into the claim. He stated that the City's claims adjuster never recommends approval of claims. He added that Ms. Zepeda has complained of water pressure issues from day one, which appears to be the result of the pinched plumbing line. He seconded Councilmember Ambriz's motion.
Upon roll call, the motion to approve the claim of Dena Zepeda was approved, with Councilmember Ambriz and Mayor Pro Tern Burrola in support, Councilmember Garcia opposed, and Councilmember Breceda and Mayor Ortiz absent.
At 8:06 p.m., the Council took a short recess
At 8:11 p.m., the Council reconvened in Open Session and Mayor Ortiz resumed the meeting.
DIRECTOR RODRIGUEZ Director Rodriguez presented the lineup for the MariachiFest concerts.
ASSISTANT TO THE
CITY MANAGER
ESPINO
DENA ZEPEDA
ASSISTANT CITY
ATTORNEY TRAXLER
MAYOR ORTIZ
MAYOR PRO TEM
BURROLA
DENA ZEPEDA
Assistant to the City Manager Espino provided information regarding an upcoming event for first responders at the Irwindale Speedway.
Responding to a question by Dena Zepeda, Director Rodriguez advised that staff is open to suggestions by members of the public.
Assistant City Attorney Jamie Traxler presented an overview of the Brown Act and on Conflicts of Interest.
Responding to a question by Mayor Ortiz, Assistant City Attorney Traxler indicated that the Council might ask specific questions of staff before accepting public comments on agenda items. However, it is required that the public be able to speak before the Council concludes deliberations.
Responding to a question by Mayor Pro Tern Burrola, Assistant City Attorney Traxler indicated that there might be statutes of limitations on conflicts of interests, depending on when the conflicts are discovered.
Dena Zepeda asked whether Councilmembers could purchase beers for their staff after hours and discuss business, to which Assistant City Attorney Traxler advised that Councilmembers may enjoy beers with others, though she recommended avoiding discussing city business.
CITY COUNCIL MINUTES
REGULAR MEETING
CITY ATTORNEY
GUERRA
COUNCILMEMBER
AMBRIZ
CARMEN ROMAN
MAYOR ORTIZ
CITY ATTORNEY
GUERRA
CITY MANAGER TAM
DENA ZEPEDA
AUGUST 25, 2021
PAGE10
Dena Zepeda also asked whether she can talk or text members of the Council if she has concerns, to which Assistant City Attorney Traxler advised that she has no obligations under the Brown Act. However, if she speaks about city business to multiple councilrnernbers to garner consensus, this would be considered a serial meeting in violation of the Brown Act. She recommended that each Councilrnernber receive information but avoid discussing it or providing opinions.
Dena Zepeda alleged that one of the Councilrnernbers is in violation and requested legal advice, which Assistant City Attorney Traxler refused to do.
City Attorney Guerra stated that, if Ms. Zepeda would like to file a complaint, she may contact the Fair Political Practices Commission.
Councilrnernber Ambriz asked whether disseminating information to the public is a conflict, to which Assistant City Attorney Traxler advised that if an individual Councilrnernber is giving information to an individual member of the public, doing so would not be a Brown Act violation.
Carmen Roman stated that Irwindale has a small community base and that the residents all talk to one another and asked whether discussing items at public functions would be considered a Brown Act conflict, to which City Attorney Guerra advised that any member of the public can always speak to a Councilrnernber or Commissioner on anything. However, it is the duty of the Councilrnernber or Commissioner to avoid discussing it with the individual.
Replying to a question by Mayor Ortiz, Assistant City Attorney Traxler indicated that, if a Councilrnernber received information and in turn provided it to the City Manager to look into the matter individually; this would not be considered a violation.
City Attorney Guerra advised that, in the end, each Councilrnernber is responsible for knowing the conflict of interest rules, and staff does not independently verify whether the Councilrnernbers' individual properties lie within a conflict of interest area. He added that each Councilrnernber in the end would need to make a decision regarding potential conflicts of interest.
City Manager Tarn indicated that staff has dealt with many conflict of interest issues over the past couple of years. He advised that staff does not keep a running list of properties that each Councilrnernber owns and does not advise whether each Councilrnernber has a conflict, and noted that it is each Councilrnernber's duty to advise staff about whether they have conflicts with certain items.
Responding to a comment by Dena Zepeda, City Manager Tarn repeated that each Councilrnernber has a duty to inform staff about
CITY COUNCIL MINUTES
REGULAR MEETING
AGENDA ITEMS
REQUESTED BY
COUNCILMEMBERS
COUNCILMEMBER
AMBRIZ
MOTION
CITY ATTORNEY
GUERRA
MAYOR PRO TEM
BURROLA
ADJOURNMENT
AUGUST 25, 2021
PAGE 11
whether they own property within the boundaries of a subject location, which may be used when determining whether a conflict of interest exists. He added that staff does not conduct investigations, and individuals interested in submitting a complaint may consult with the Fair Political Practices Commission.
Councilmember Ambriz stated that serious challenges have come up at the Las Casitas senior apartment complex and suggested that City staff, tenants, and representatives of Northridge Management meet to discuss them.
A motion was made by Councilmember Ambriz, seconded by Mayor Pro Tern Burrola, to place an item on the next agenda to discuss purchasing the Las Casitas Lease Agreement from Northridge Management in order to have more operational control. The motion was unanimously approved; Councilmember Breceda absent.
City Attorney Guerra noted that the requested item would be placed on the agenda for the Housing Authority.
Mayor Pro Tern Burrola requested placing an item on the agenda to discuss potentially reducing the amount of time that a job application remains on file from one year to six months.
There being no further business to conduct, the meeting was adjourned at 9:05 p.m., in memory of Jesse Gomez.
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC & HA Item 1A2
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
SA Item 1A 1 I OVEMBER 9, 2022
WEDNESDAY
5:30 P.M.
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
CONSENT CALENDAR
MOTION
ITEM NO. D1
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
NOVEMBER 9, 2022
THROUGH
DECEMBER 9, 2022
RESOLUTIONS
ADOPTED
Present: Council/Board Members Mark A. Breceda (arrived at 6:15 p.m.), Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern I 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
There were no speakers.
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Breceda absent at the time of the roll call.
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 NOVEMBER 9, 2022 THROUGH
DECEMBER 9, 2022
Joint Resolution Nos. 2022-105-3355, SA 2022-106-3356, and HA 2022-20-130, 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
CC, SA, AND HA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 9, 2022
PAGE2
RECESS TO
CLOSED SESSION
NOVEMBER 9, 2022, THROUGH DECEMBER 9, 2022, PURSUANT
TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361,"
was adopted, Councilmember Breceda absent.
At 5:34 p.m., the City Council met in Closed Session to discuss the following:
Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, direction provided; no reportable action taken (Councilmember Breceda did not participate).
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
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: Not discussed
Property: South Manning Pit (APNs 8417-034-905; 8417-034-907; 8417-009-908)
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: Not discussed
Property: 5223 Morada Street (APN 8619-012-907)
Agency Negotiators: Julian A. Miranda, City Manager
Negotiating Parties: TBD
Under Negotiation: Price and Terms
ACTION: Discussed, direction provided; no reportable action taken (Councilmember Breceda did not participate).
CC, SA, AND HA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 9, 2022
PAGE3
RECONVENE IN
OPEN SESSION
ADJOURNMENT
Property: 5239 Morada Street (APN 8619-012-910)
Agency Negotiators: Julian A. Miranda, Executive Director Negotiating Parties: TBD
Under Negotiation: Price and Terms
ACTION: Discussed, direction provided; no reportable action taken (Councilmember Breceda did not participate).
Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Unspecified pursuant to Government Code Section 54961 Agency Claimed Against: City of Irwindale
ACTION: Update provided; no action or direction provided.
At 7:02 p.m., the City Council reconvened in Open Session with all members present.
There being no further business to conduct, the meeting was adjourned at 7:03 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1A3
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JOVEMBER 9, 2022 .__ ______ _. WEDNESDAY
7:03 P.M.
The Irwindale CITY COUNCIL met in regular session, beginning at the above time and place.
ROLL CALL:
CHANGES TO THE
AGENDA
COUNCILMEMBER
TRAVEL REPORTS
COUNCILMEMBER
COMMENTS
MAYOR BURROLA
INTRODUCTION OF
NEW EMPLOYEES I
PROMOTIONS
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
CHAMBER OF
COMMERCE
BUSINESS OF THE
MONTH - BONILLA
PARTNERS
GOLD LINE VIDEO
PRESENTATION
Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz;
Mayor Larry G. Burrola
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 none.
There were none.
Mayor Burrola thanked the Irwindale Community Foundation and volunteers for passing out gift cards to Irwindale residents and the Kindness Krew for accepting household items to be donated to YWCA. He also requested that staff look into painting curbs red on Irwindale Avenue and Calle Breceda.
There were none.
CHAMBER OF COMMERCE BUSINESS OF THE MONTH -
BONILLA PARTNERS
The presentation was made.
GOLD LINE VIDEO PRESENTATION
The video presentation was made.
CITY COUNCIL MINUTES
REGULAR MEETING
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
ITEM NO. 1B
WARRANTS/
DEMANDS I PAYROLL
ITEM N0.1C
STATE OF CALIFORNIA
BUDGET ACT OF 2021
(SB 129) GRANT
APPLICATION,
ACCEPTANCE, AND
EXECUTION OF
GRANT FUNDS
RESOLUTION NO.
2022-107-3357
ADOPTED
ITEM NO. 1D
AWARD OF CONTRACT
FOR AS-NEEDED
ON-CALL PROJECT
NOVEMBER 9, 2022
PAGE2
Dena Zepeda thanked the Irwindale Community Foundation and the Kindness Krew for their gift card giveaway and donation collection.
She also requested that a Christmas Parade be held, and commended the Recreation Department for putting on such wonderful programs and activities.
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Consent Calendar;
Councilmembers Breceda and Garcia abstaining on Item No. 1 C. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Special Joint Meeting held October 12, 2022
2) Regular Meeting held October 12, 2022
3) Special Meeting held October 26, 2022
4) Regular Meeting held October 26, 2022
WARRANTS/DEMANDS/PAYROLL
The warrants I demands I payroll were approved.
STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) GRANT
APPLICATION, ACCEPTANCE, AND EXECUTION OF GRANT
FUNDS
Resolution No. 2022-107-3357, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING THE GRANT APPLICATIONS,
ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM
THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129)",
was adopted; Councilmembers Breceda and Garcia abstaining.
AWARD OF CONTRACT FOR AS-NEEDED ON-CALL PROJECT
BASED PRIVATE DEVELOPMENT REVIEW AND PLAN CHECK
SERVICES
CITY COUNCIL MINUTES
REGULAR MEETING
BASED PRIVATE
DEVELOPMENT
REVIEW AND PLAN
CHECK SERVICES
ITEM NO. 1E
APPROVE A FEE
WAIVER FOR THE
TOURNAMENT OF
ROSES WAIVING
CITY
TRANSPORTATION I
OVERSIZED VEHICLE
FEES
RESOLUTION NO.
2021-108-3358
ADOPTED
NOVEMBER 9, 2022
PAGE3
The agreement with Chris Nelson & Associates, Inc., for as-needed On-Call Project Based Private Development Review and Plan Check Services in the amount not-to-exceed $250,000, was approved, and the City Manager was authorized to execute same.
APPROVE A FEE WAIVER FOR THE TOURNAMENT OF ROSES
WAIVING CITY TRANSPORTATION I OVERSIZED VEHICLE FEES
Resolution No. 2021-108-3358, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING A FEE WAIVER FOR THE PASADENA
TOURNAMENT OF ROSES 501(C)(3) NONPROFIT
ORGANIZATION, WAIVING CITY TRANSPORTATION I
OVERSIZED VEHICLE FEES," was adopted.
END OF CONSENT CALENDAR
NEW BUSINESS
ITEM NO. 2A ISSUES CONCERNING IRWINDALE TECHNICAL GUIDELINES
ISSUES CONCERNING RELATED TO STATE MINING AND RECLAMATION OF OPEN-PIT
IRWINDALE TECHNICAL MINES AND CALCIMA'S LETTER REQUEST CONCERNING CITY
GUIDELINES RELATED OF IRWINDALE MINING TECHNICAL GUIDELINES
TO STATE MINING
AND RECLAMATION
OF OPEN-PIT MINES
AND CALCIMA'S
LETTER REQUEST
CONCERNING CITY
OF IRWINDALE
MINING TECHNICAL
GUIDELINES
DIRECTOR HANNA Director Hanna made a PowerPoint presentation and discussed the staff report.
SUZANNE SEIVRIGHT Suzanne Seivright with CalCIMA further elaborated on CalCIMA's functions and discussed background information on this subject.
MAYOR BURROLA Mayor Burrola recognized the contributions of the former ITAC members as relate to mining operations within the city.
CITY COUNCIL MINUTES
REGULAR MEETING
DENA ZEPEDA
RESOLUTION NO.
2022-104-3354
ADOPTED
PUBLIC HEARINGS
CITY MANAGER'S
REPORT
CITY MANAGER
MIRANDA
AGENDA ITEMS
REQUESTED BY
COUNCILMEMBERS
ADJOURNMENT
NOVEMBER 9, 2022
PAGE4
Dena Zepeda encouraged the Council to fully analyze the matter before acting upon it.
Resolution No. 2022-104-3354, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING A BUDGET AMENDMENT TO THE
FISCAL YEAR 2022/2023 ADOPTED BUDGET AND
APPROPRIATING $90,000.00 FROM THE SPECIAL MINING FUND
FOR SUPPLEMENTAL SCOPE OF SERVICES FOR CIVIL AND
GEOTECHNICAL ENGINEERING SERVICES FOR THE
OVERSIGHT OF THE CITY'S GRAVEL PITS," was adopted, and
Amendment No. 1 to Geotechnical Consulting Agreement with Geologic & Associates for additional technical services to address the seismically-induced settlement issue and the CalCIMA concerns pertaining to our technical mining guidelines relating to matters of operation and regulation, was approved, on the motion of Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, and unanimously approved.
None.
City Manager Miranda reported the following:
1) Official Election Canvass results will be updated periodically on the County's Registrar website now through December 5.
2) The city will hold its annual Veteran's Day Ceremony on November 11.
3) A Housing Element Workshop will be held tomorrow at the Senior Center.
4) The annual Christmas Spectacular and Mayor's Tree Lighting event has been scheduled for December 2.
There were none.
There being no further business to conduct, the meeting was adjourned at 7:50 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
CC Item 1A4
SA Item 1A3 Ni VEMBER 17, 2022 '--~~~~~~~ WEDNESDAY
5:00 P.M.
The Irwindale CITY COUNCIL and SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY met in special joint session at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
PROCLAMATION
PROCLAIMING
NOVEMBER AS
FAMILY COURT
AWARENESS MONTH
RECESS TO
CLOSED SESSION
Present: Councilmembers Mark A. Breceda (arrived at 5:34 p.m.), Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Larry G. Burrola
Also 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.
PROCLAMATION PROCLAIMING NOVEMBER AS FAMILY COURT
AWARENESS MONTH
The proclamation was presented.
At 5:11 p.m., the City Council met in Closed Session to discuss the following:
Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, update provided; no reportable action taken 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-VT A
ACTION: Discussed, update provided; no reportable action taken
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE2
RECONVENE IN
OPEN SESSION
SPONTANEOUS
COMMUNICATIONS
COUNCILMEMBER
ORTIZ
CONSENT CALENDAR
MOTION
ITEM NO. CA
REQUEST TO
APPROVE THE
PARADE PERMIT AND
A FEE WAIVER FOR
THE PROCESSION
OR PARADE LICENSE
FEE FOR THE "OUR
LADY OF GUADALUPE
CHURCH FIESTA"
RESOLUTION NO.
2022-111-3361
ADOPTED
MAYOR PRO TEM
AMBRIZ
At 5:33 p.m., the City Council reconvened in Open Session with all members present.
There were no speakers.
Councilmember Ortiz advised that Our Lady of Guadalupe Church is holding its annual fiesta on December 10, and that the church will provide turkey meals for members of the community experiencing need. He also indicated that the Northview High School Music Program is seeking donations for future events and challenged his Council peers to donate.
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved; Councilmembers Breceda and Garcia abstaining on Item No. 1 B; Councilmember Ortiz abstaining on Item No. 1A.
REQUEST TO APPROVE THE PARADE PERMIT AND A FEE
WAIVER FOR THE PROCESSION OR PARADE LICENSE FEE
FOR THE "OUR LADY OF GUADALUPE CHURCH FIESTA"
PROCESSION BEING HELD BY OUR LADY OF GUADALUPE
CHURCH ON DECEMBER 10-11, 2022
Resolution No. 2022-111-3361, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE PARADE PERMIT AND A FEE
WAIVER FOR THE PROCESSION LICENSE FEE FOR THE OUR
LADY OF GUADALUPE CHURCH FIESTA ON DECEMBER 11,
2022", was adopted, and staff was directed to place an item on the agenda for the next regular meeting to discuss the request submitted by Our Lady of Guadalupe Church to waive the associated Police personnel costs; Councilmember Ortiz abstaining
Replying to a question by Mayor Pro Tern Ambriz, City Manager Miranda advised that the Church submitted a letter today to request a waiver of Police personnel fees.
Mayor Pro Tern Ambriz asked whether the request could be considered at tonight's meeting, to which City Attorney Guerra noted that this specific request was not on tonight's agenda for
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE3
CITY MANAGER
MIRANDA
CITY ATTORNEY
GUERRA
COUNCILMEMBER
BRECEDA
COUNCILMEMBER
ORTIZ
CITY ATTORNEY
GUERRA
MAYOR BURROLA
consideration. However, should the Council wish to consider it, he recommended placing it on a future agenda. He added that requests for waiver of fees require staff to look into whether granting the request would serve a public purpose. He advised that he could work with staff to prepare a resolution to ensure that the Council finds that the public would be served with the approval of the waiver of the fees.
Mayor Pro Tern Ambriz requested that the matter be placed on the agenda for the next meeting.
City Manager Miranda read into the record the letter submitted by Our Lady of Guadalupe Church.
In response to questions by City Manager Miranda, Director Bhorani mentioned the possibility of calculating the exact costs that would be waived should the request be approved and present it to the Council at the next meeting.
City Attorney Guerra asked whether staff would invoice the applicant before or after the event, to which Director Borhani advised that staff would typically invoice customers before the service is rendered.
However, staff would serve as directed by the Council.
In reply to a question by Councilmember Breceda, Director Borhani advised that the process of obtaining special event permits would typically include for each city department to determine whether it would incur costs, and what said costs would amount to. In this case, he advised that staff could either establish a set fee or seek reimbursement of actual expenses.
Councilmember Ortiz stated that the request is turning into a discussion from which he would need to recuse himself. He then exited the Council Chambers at 5:45 p.m.
City Attorney Guerra reiterated that the request for the waiver of fees is not on tonight's agenda for discussion. However, he noted that the event takes place before the next regular Council meeting and stated that the Council runs the risk that, if the event is held and the Council afterward decides that it is not interested in waiving the fees, staff would need to invoice the church after the fact, and the city would risk not being paid. On the other hand, if the Council waives the fees at the next meeting, then the issue is moot. He recommended holding a special meeting within the next few weeks to address the waiver request.
In response to a question by Mayor Burrola, City Manager Miranda stated that he was unsure whether the city invoiced the church for police costs for prior events. However, he acknowledged that extra costs would be incurred with the utilization of police personnel, which would have to be addressed as noted by City Attorney Guerra.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE4
CITY ATTORNEY
GUERRA
MAYOR BURROLA
COUNCILMEMBER
BRECEDA
ITEM NO. CB
AWARD OF CONTRACT
FOR ARCHITECTURAL
DESIGN SERVICES
FOR PLANS,
SPECIFICATIONS AND
COST ESTIMATE FOR
ANEW PUBLIC
LIBRARY
RESOLUTION NO.
2022-88-3338
ADOPTED
PUBLIC HEARINGS
ITEM NO. D1
THE APPLICANT IS
REQUESTING A SITE
PLAN AND DESIGN
REVIEW (DA) FOR
THE CONSTRUCTION
OF A ±129,830
SQUARE-FOOT
CONCRETE TILT-UP
City Attorney Guerra noted that another option would be to invoice the church now, have them pay, and if the Council afterward decides to waive the costs, the funds would be returned to the church.
Mayor Burrola expressed support for having the church pay the costs now and reimbursing them afterward if the Council decides to waive the costs.
Councilmember Breceda stated his understanding that the request would be considered at the next Council meeting.
AWARD OF CONTRACT FOR ARCHITECTURAL DESIGN
SERVICES FOR PLANS, SPECIFICATIONS AND COST ESTIMATE
FOR A NEW PUBLIC LIBRARY; P-1044
Resolution No. 2022-88-3338, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE CHANGING THE NAME AND PROJECT ACCOUNT
NAME OF THE LIBRARY EXTENSION I REMODEL PROJECT TO
THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT
PROJECT, APPROVING THE AWARD OF CONTRACT TO CWA
AIA, INC. IN THE AMOUNT OF $927,438 PLUS A 15% PROJECT
CONTINGENCY IN THE AMOUNT OF $139,116 FOR
ARCHITECTURAL DESIGN SERVICES FOR PLANS,
SPECIFICATIONS, AND COST ESTIMATE FOR A NEW PUBLIC
LIBRARY, AND APPROVING THE TRANSFER OF $2,016,645.50
FROM THE RECREATION I LIBRARY BUILDING IMPROVEMENTS
PROJECT TO THE CITY OF IRWINDALE PUBLIC LIBRARY
IMPROVEMENT PROJECT," was adopted; Councilmembers
Breceda and Garcia abstaining.
THE APPLICANT IS REQUESTING A SITE PLAN AND DESIGN
REVIEW (DA) FOR THE CONSTRUCTION OF A ±129,830
SQUARE-FOOT CONCRETE TILT-UP BUILDING AND
ASSOCIATED PARKING LOCATED AT 4416 AZUSA CANYON
ROAD (8417-004-006)
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE5
BUILDING AND
ASSOCIATED
PARKING LOCATED
AT 4416 AZUSA
CANYON ROAD
COUNCILMEMBER
BRECEDA
SENIOR PLANNER
JONES
DINA EL CHAMMAS
CARL TON WATERS
SENIOR PLANNER
JONES
COUNCILMEMBER
GARCIA
COUNCILMEMBER
ORTIZ
Councilmember Breceda declared a potential conflict of interest with this item, exited the Council Chambers, and did not participate in the discussion of the item.
Senior Planner Jones presented the staff report and made a PowerPoint presentation. She also advised that additional comments and input received after the posting of the agenda was placed at the Councilmembers' spots on the dais.
Dina El Chammas Gass with Placeworks, which serves as Project Manager for this project, provided an overview of the environmental review process for the project
Carlton Waters, with Urban Crossroads, discussed the traffic impact analysis and fee changes.
Senior Planner Jones stated that the project is subject to development impact fees, and further elaborated on staff's recommendation.
Replying to several questions by Councilmember Garcia, Mr. Waters advised that Decorative Specialties owns the two lanes that are displayed on Exhibit B of the Planning Commission plot map.
Councilmember Garcia also asked about a recommendation made by Decorative Specialties relating to left turns at northbound Azusa Canyon Road, to which Mr. Waters indicated that staff had safety concerns relating to the request if driveway number one was converted to a "right turn in/out" only lane.
In response to an additional question by Councilmember Garcia, Mr.
Waters indicated that a grant deed has been recorded which grants access to the property at Azusa Canyon Road using a private road.
Councilmember Ortiz asked whether an extra left-turn lane would be installed before a new traffic signal is installed, to which Mr. Waters indicated that he has seen lanes with multiple left-hand lanes installed, so one could be installed prior to the creation of the signal.
Councilmember Ortiz asked whether Rexford would be installing the signal, to which Mr. Waters expressed his understanding that city staff is pursuing that traffic signal in coordination with Metrolink staff.
Councilmember Ortiz asked what could be done if the left turn lane does not work as well as intended, to which Mr. Waters indicated that
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE6
he saw no professional reason why the dual turn lane configuration would not work. He added that his firm has studied simultaneous movement on both lanes and the primary conclusion that they arrived at was to recommend removing parking on the east side of Azusa Canyon Road to ensure vehicles could turn safely.
Councilmember Ortiz also expressed concern over vehicles exiting and making left turns from the parking lot of a company on the west side of Azusa Canyon Road. In response to an additional question by Councilmember Ortiz, Mr. Waters advised that trucks would exit the subject site from driveway 3 and would make left turns onto Azusa Canyon Road.
OPEN PUBLIC HEARING At 6:47 p.m., Mayor Burrola opened the public hearing.
STEVE MENSURA
ANDREW FOGG
COUNCILMEMBER
ORTIZ
MAYOR BURROLA
Steve Mensura with Rexford Development, made a PowerPoint presentation on the company's background and enhancements to the community.
Andrew Fogg, with the land-use law firm representing Rexford, advised that the deed to the property grants easement for ingress and egress. He also described the distinction under the law between mitigation measures imposed by CEQA and a condition of approval imposed pursuant to the City's police authority. He indicated that city staff has determined that an unprotected left turn lane is not safe, that they take staff at their word. He stated, however, that pedestrian safety at the intersection is the only measure that requires mitigation.
Such mitigation measures were included in the initial study. However, neighbors do not want crosswalks on their properties, and so staff at Urban Crossroads redesigned the crosswalk so as not to encumber the private road at all. However, the installation of a traffic light is not a mitigation measure. He indicated that it is a condition of approval that the city may impose, though it is not a violation of CEQA if one is not constructed. He further stated that Urban Crossroads has a lengthy explanation of thresholds of significance, which would dictate the level to which impacts rise to the point where mitigations measures would need to be placed. He argued, however, that this project, as a whole, does not meet the threshold. He urged the Council to approve the project.
Councilmember Ortiz asked about the trucks that would be used and whether they would improve air quality, to which Mr. Mensura advised that outlets would be installed at the truck docks so truck drivers could plug in while they load/unload, so the engine would not be idling, thereby reducing noise and emissions.
Mayor Burrola asked when the traffic signal would be installed, to which Construction Compliance Manager Francisco Carrillo advised that said installation involved a different applicant, and is considered a separate project.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE?
CITY ATTORNEY
GUERRA
COUNCILMEMBER
ORTIZ
ERIC LANSFORD
RYAN LU
PAUL PORTER
NICOLE SHAHENIAN
City Attorney Guerra added that the traffic signal is not part of the project being considered tonight. He advised that the construction of the traffic signal is part of the city's capital improvement program, though the applicant will be providing funding for their fair share to be used toward the traffic signal. Plans for the signal are currently pending review by Metrolink staff. The goal is to have the signal up and running by the time the business at the subject site begins operating.
Councilmember Ortiz requested that Engineer Hanna expedite the installation of the traffic signal.
Eric Lansford, one of the owners of Decorative Specialties, stated that their primary concern was being able to continue conducting business with unfettered access to their driveway. He indicated that they hired a traffic consultant who confirmed that it was impossible for tractor trailers to make the turns as suggested, and expressed additional traffic-related concerns and suggested an alternate solution.
Ryan Lu, with Fehr & Peers, indicated that his firm has worked with Decorative Specialties to address traffic safety and operational issues between the Rexford project and Decorative Specialties. He stated his hope that the city would be open to offer full access to project driveway #1 at the northwest corner of the site using a two-way left turn lane. He noted that the project currently has a condition to prohibit southbound access and only provide northbound access. He expressed skepticism that no trucks would travel southbound on Azusa Canyon Road to access the project site. He recommended a total prohibition on northbound right turn traffic at the intersection and recommended that larger trucks be prohibited from making southbound left turns at this location, in conjunction with allowing turns at driveway #1, which would allow smaller trucks to use the intersection.
Paul Porter, representing Decorative Specialties, indicated that the business he represents has made left turns with smaller trucks from Azusa Canyon Road onto their private road for years, and requested that the Council avoid making a condition to disallow making turns that the business relies on making. He added that the city's own documents show that another traffic signal in the area is needed to avoid traffic issues, but the city does not know when the signal will be completed. He argued that the only legal way to allow the project is to include conditions for the construction and operation of a signalized intersection to avoid the problems that the city's documents have identified.
Nicole Shahenian with the Irwindale Chamber of Commerce, voiced her support of the project and provided supplemental background information on Rexford.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGES
ANDREW FOGG
JOANN HADFIELD
CLOSE
PUBLIC HEARING
RECESS
RECONVENE
MAYOR BURROLA
COUNCILMEMBER
ORTIZ
Mr. Fogg disagreed with the suggestion that the project is prohibited by law since the project is being presented as deferring mitigation efforts. He noted that the city's consultant conducted a thorough traffic analysis, which shows that the project would not pose a significant impact. He agreed that the current traffic intersection is problematic, but noted that city staff is working diligently on moving forward with its construction, though the delay currently lies with Metro. He reiterated his request that the project be approved.
Joann Hadfield with Placeworks concurred with Mr. Fogg and advised that CEQA no longer addresses traffic congestion as a significant impact. She indicated that the initial study's mitigated negative declaration shows how the traffic signal is compliant with the city's general plan, infrastructure plan, active transportation plan, and its capital improvement program. She stated that there exists case precedence demonstrating that a traffic signal does not need to be installed by the time the occupancy permit is issued. She reiterated that CEQA does not require the installation of the traffic signal, and noted that mitigation measures simply require that the improvement plan be done, which is not uncommon for CEQA documents and transportation improvements.
There being no additional speakers, Mayor Burrola closed the public hearing at 7:33 p.m.
At 7:33 p.m., the City Council took a short recess.
The City Council reconvened and resumed its meeting at 7:41 p.m.
Responding to a question by Mayor Burrola, Senior Planner Jones advised that city staff has met with representatives of Decorative Specialties. The company has supplied the City with the traffic study that their consultant prepared, which was in turn distributed to the City's consultant team, who then reviewed it and prepared an access sensitivity study in response, which was included in the report materials.
Mayor Burrola also asked about the property easement, to which City Attorney Guerra indicated that what is being proposed is consistent with the easement.
Councilmember Ortiz stated his belief that there will be many traffic problems at the subject intersection until the traffic light is installed.
He then asked questions regarding the proposed project's aesthetics, to which Senior Planner Jones noted the location of the proposed fountain, address number, and the "Welcome to Irwindale" sign.
Councilmember Ortiz also proposed several building design changes, including arched and recessed parapets.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE9
SENIOR PLANNER
JONES
MAYOR PRO TEM
AMBRIZ
SENIOR PLANNER
JONES
CITY ATTORNEY
GUERRA
REOPEN
PUBLIC HEARING
JOHN VANG
CLOSE
PUBLIC HEARING
MAYOR BURROLA
COUNCILMEMBER
GARCIA
RECESS
RECONVENE
Senior Planner Jones noted that the applicant is fine with the requested changes.
Mayor Pro Tern Ambriz expressed concern over air quality issues and asked whether the proposed project would include solar panels and electric vehicle chargers, to which Senior Planner Jones advised that solar panels will be installed based on LEED certification. Mayor Pro Tern Ambriz stated his wish that commercial vehicles with alternative fuels be used. He also urged the need for the two companies to work together toward an amicable resolution, and recommended for the traffic issues to be addressed as soon as possible.
Senior Planner Jones asked whether Mayor Pro Tern Ambriz wished to require commercial vehicles that utilize alternative fuels, to which Mayor Pro Tern Ambriz suggested that it be made a requirement one year after the building is operational.
City Attorney Guerra advised that staff first would have to determine exact metrics before the City can ask the applicant to agree to a condition. He added that, in order to impose a condition, it must be reasonable. Staff would need to look into the request to determine whether the conditions would support it.
At 7:59 p.m., Mayor Burrola reopened the public hearing.
John Vang, who stated that he prepared the air quality and greenhouse gas analysis for the project, and explained CalGreen standards, including Tier 1 mandatory standards vs. Tier 2 voluntary standards.
There being no additional speakers, Mayor Burrola closed the public hearing at 8:01 p.m.
Mayor Burrola stated that air quality is an important issue that should be looked into in the future.
Councilmember Garcia concurred that all parties must work together to find a solution. He stated this belief that the report by Fehr & Peers is not too far out of line, and suggested working with them to make sure that most of the demands are reasonable. He stated that the left turn lanes, for example, are doable. He indicated that he did not see anything in the plan regarding a landscaping program, and wished to integrate air-scrubbing trees to help fight air pollution.
At 8:06 p.m., the City Council took a short recess.
The City Council reconvened and resumed its meeting at 8: 11 p.m.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE10
SENIOR PLANNER
JONES
RESOLUTION NO.
2022-109-3359
ADOPTED
RESOLUTION NO.
2022-110-3360
ADOPTED
COUNCILMEMBER
BRECEDA
ITEM NO. E1
APPROVAL OF
FOURTH AMENDMENT
TO THE EXCLUSIVE
FRANCHISE
AGREEMENT FOR
WASTE HAULING
SERVICES AND FIRST
AMENDMENT TO THE
FRANCHISE AND
FACILITY OPERATIONS
AGREEMENT
BETWEEN THE CITY OF
IRWINDALE AND
ARAKELIAN ENT., INC.,
Senior Planner Jones read the new draft condition.
Resolution No. 2022-109-3359, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADOPTING THE MITIGATED NEGATIVE
DECLARATION (MND) AS AMENDED BY THE IMPOSITION OF A
SUBSTITUTE MITIGATION MEASURE, AND MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP) FOR THE
CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILTUP BUILDING TOTALING ±129,830 SQUARE FEET FOR PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD,
IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT
MANUFACTURING) ZONE AND MAKING CERTAIN FINDINGS OF
FACT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT," and
Resolution No. 2022-110-3360, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING SITE PLAN AND DESIGN REVIEW (DA)
NO. 04-2020 FOR THE CONSTRUCTION OF ONE (1)
SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING
±129,830 SQUARE-FEET FOR THE PROPERTY LOCATED AT
4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417- 004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND
MAKING CERTAIN FINDINGS OF FACT," including the draft
condition prepared by Senior Planner Jones, on the motion of Mayor Burrola, seconded by Councilmember Ortiz, and unanimously approved; Councilmember Breceda absent.
At 8:15 p.m., Councilmember Breceda returned to the dais.
APPROVAL OF FOURTH AMENDMENT TO THE EXCLUSIVE
FRANCHISE AGREEMENT FOR WASTE HAULING SERVICES
AND FIRST AMENDMENT TO THE FRANCHISE AND FACILITY
OPERATIONS AGREEMENT BETWEEN THE CITY OF
IRWINDALE AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS
SERVICES
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE 11
DBAATHENS SVCS
DIRECTOR RODRIGUEZ Director Rodriguez presented the staff report and made a PowerPoint presentation.
COUNCILMEMBER
BRECEDA
MOTION
ITEM NO. E2
SPECIAL ELECTION
FOR WATER QUALITY
AUTHORITY
ALTERNATE BOARD
MEMBER
Responding to several questions by members of the Council, Director Rodriguez explained that: 1) one bin will be used for yard and food waste, which should be enough for most households, 2) after the first 30 days of implementation, residents who need extra containers may contact Athens to obtain one, 3) flyers with additional information will be mailed to all residents, 4) one Friday, Athens will collect all trash bins, with another truck to deliver one each of black, blue, and green bins, 5) commercial waste will be separated into indoor bins, 6) bins will be raffled off to the business community, 7) kitchen caddies will be provided to residents to place underneath their kitchen sinks, 8) extra 96-gallon bins will cost $19.12, 9) residents may throw food waste in clear plastic bags in an effort to reduce their bad odors, 10) Athens staff will conduct random waste bin audits to ensure that all are following new regulations appropriately, 11) staff hopes to utilize a combination of Prop A and Measure W funds to cover the costs of bus shelter cleaning, 12) language in the agreement was clarified to allow for street sweeping; the City would only pay for street sweeping in extraordinary cases, 13) the language in the amendment will serve to clarify language in previous versions.
In response to a question by Councilmember Breceda, Gary Clifford representing Athens advised that waste odors might be lessened by the addition of yard waste. He added that, if necessary, residents could also call Athens to obtain a temporary trash barrel.
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to approve the Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services, approve the First Amendment to the Franchise & Facility Operations Agreement between the City of Irwindale and Arakelian Enterprises, Inc., dba Athens Services, and find the approval of the amendments exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, which these contract amendments to not have such potential, was passed, approved, and adopted, on the motion of Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, and unanimously approved.
SPECIAL ELECTION FOR WATER QUALITY AUTHORITY
ALTERNATE BOARD MEMBER REPRESENTING CITIES WITH
PRESCRIPTIVE PUMPING RIGHTS
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE12
REPRESENTING
CITIES WITH
PRESCRIPTIVE
PUMPING RIGHTS
CITY MANAGER
MIRANDA
MOTION
ITEM NO. E3
CALLE DE PASEO
RED CURB STUDY
RECESS
RECONVENE
COUNCILMEMBERS
BRECEDA, GARCIA,
ASSISTANT CITY
MANAGER OLIVARES
AND CITY MANAGER
MIRANDA
CITY ATTORNEY
GUERRA
LUIS PIMENTEL
COUNCILMEMBER
ORTIZ
MAYOR BURROLA
City Manager Miranda presented the staff report.
A motion was made by Councilmember Breceda, seconded by Councilmember Garcia, to direct staff to prepare a resolution to cast its votes in support of Hector Delgado's appointment to serve as Alternate Board Member representing cities with prescriptive pumping rights to the Water Quality Authority. The resolution would be considered for adoption at the meeting of December 14, 2022. The motion was unanimously approved.
CALLE DE PASEO RED CURB STUDY
At 9:11 p.m., the City Council took a short recess.
The City Council reconvened and resumed its meeting at 9:16 p.m.
Councilmembers Breceda and Garcia, Assistant City Manager Olivares, and City Manager Miranda declared a potential conflict of interest, recused themselves from participating in the discussion, and exited the Council Chambers.
City Attorney Guerra discussed conflict of interest requirements and noted that officials that have recused themselves from this item may still make a comment as a member of the community and not in their role as an official.
Assistant Engineer Pimentel introduced Deepak Kaushik of ITERIS, who made a PowerPoint presentation detailing the findings from the firm's red curb study.
In reply to a question by Councilmember Ortiz, Mr. Kaushik advised that their evaluation resulted in zero opportunities to reduce the speed on the street. However, they did find that a couple of additional parking spaces that could be added.
Responding to a question by Mayor Burrola, Mr. Kaushik indicated that the study does not necessarily take into account the volume of the street. It primarily gauged the distance needed to have a clear view, regardless of the number of cars on the road. He added that the
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE13
ASSISTANT ENGINEER
PIMENTEL
MARIA ALVAREZ
pedestrian activity in the area was also accounted for, as was the raised crosswalk in the roadway.
Assistant Engineer Pimentel noted that the study was based on pedestrians since there is a notable volume of pedestrians accessing amenities in the area. The study was conducted to determine how motorists could drive their vehicles and have enough time to react when they spot a pedestrian.
Maria Alvarez stated that the area is very busy with many pedestrians that come to visit the park, and stated that it is dangerous to have pedestrians walk further away to their vehicles since there are not many parking spaces available along the street.
DIRECTOR RODRIGUEZ Director Rodriguez added that there was a specific section of the street that must not have cars parked there since it is needed for the large truck that services the pool with chlorine.
MARIA ALVAREZ
MARK BRECEDA
MAYOR BURROLA
MAYOR PRO TEM
AMBRIZ
DEEPAK KAUSHIK
MAYOR BURROLA
Maria Alvarez stated that vehicles are routinely found parked in front of red curbs even when the large truck arrives to service the pool.
Mark Breceda wondered whether the removal of the shrubs in front of 16100 Calle de Paseo would improve visibility for motorists.
Mayor Burrola stated that the consultant performed an analysis due to the large amount of activities and amenities at the park.
Mayor Pro Tern Ambriz suggested tabling this item until the impact of removing the two shrubs mentioned by Mr. Breceda could be determined and reported back to the Council.
Mr. Kaushik noted that the shrubs are noted in the graphics of the staff report. He added that, although the plants are in the way, the vehicles parked to the west of 16100 Calle de Paseo all contribute to visibility obstruction.
In reply to a question by Mayor Burrola, City Attorney Guerra indicated that a qualified engineer has provided his recommendations based on their studies and that, should the governing body not adhere to it, this fact could be used against the City should it become involved in a lawsuit.
Mayor Burrola stated that, as an elected official, it is his duty to make decisions that protect the City. In light of the findings made in the consultant's report, he stated his preference to avoid going against the consultant's recommendations, and felt that the matter should not be tabled.
CC AND SA MINUTES
SPECIAL JOINT MEETING
NOVEMBER 17, 2022
PAGE14
COUNCILMEMBER
ORTIZ
ASSISTANT ENGINEER
PIMENTEL
MAYOR PRO TEM
AMBRIZ
MAYOR BURROLA
MAYOR PRO TEM
AMBRIZ
MAYOR BURROLA
MOTION
ADJOURNMENT
Councilmember Ortiz concurred with Mayor Pro Tern Ambriz in that the matter should be tabled. Responding to a question by Councilmember Ortiz, Mr. Kaushik spoke on stopping distance and sight distance metrics used in the study. Councilmember Ortiz stated that vehicles parked in driveways would also obscure motorists' visibility, which is a problem that can be observed throughout the city.
He reiterated his desire to table the matter until a report is prepared and presented to the Council detailing the impacts to driver visibility caused by the removal of the two shrubs.
Assistant Engineer Pimentel noted that staff arranged to have this analysis prepared since concerns were raised over pedestrians near the Park and the Recreation Center.
Mayor Pro Tern Ambriz asked whether the City would be liable for accidents in the area since the analysis has not yet been formally accepted by the City, to which City Attorney Guerra cautioned that the City has been provided a recommendation, and though it is still under review, going against the recommendation would likely be used against the City in a lawsuit.
Mayor Pro Tern Ambriz stated that the City Council, as the governing body, would make the final determination, and noted that consensus has been reached to table the matter to the next meeting.
Mayor Burrola suggested tabling the area near the two bushes and approve the rest of the study and paint the curbs accordingly.
Mayor Pro Tern Ambriz stated that there are other concerns that need to be addressed, such as whether the large amount of recommended red curbs are necessary. He acknowledged that many people visit the park, but wondered where they would park their vehicles.
Mayor Burrola repeated his opposition to tabling this matter.
A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to table this matter. The motion was approved with Councilmember Ortiz and Mayor Pro Tern Ambriz in favor, Mayor Burrola opposed, and Councilmembers Breceda and Garcia absent.
There being no further business to conduct, the meeting was adjourned at 9:52 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Payroll Batch
DATE OF ISSUE
11/3/22
Payroll Batch
DATE OF ISSUE
11/12/22
Payroll Batch
DATE OF ISSUE
11/17/22
CITY OF IRWINDALE
PAYROLL WARRANT REGISTER
November 2022
429-11-22
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
411-11-22
DEPARTMENT
44 Library
412-11-22, 413-11-22
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC Item 1B
AMOUNT
1,731.15
51,245.77
25,679.93
218,926.78
26,932.58
8,223.57
15,812.51
15,682.09
29,077.94
27,197.61
51,789.64
472,299.57
(136,536.01)
(16,115.52)
319,648.04
AMOUNT
13,275.71
13,275.71
(5,163.14)
8, 112.57
AMOUNT
6,054.68
52, 109.69
25,615.93
216,944.22
25,728.98
3,258.40
16,579.33
12,660.60
29,540.50
27,758.17
51,780.92
468,031.42
(135,641.60)
(17,370.91)
315,018.91
Accounts Payable
Checks by Date - Summary by Check Number
User:
Printed:
Check No
78400
78401
78402
78403
78404
78405
78406
78407
78408
nwoodard
1217/2022 5:58 PM
Vendor No Vendor Name
CALIF056 California State Disbursen1ent Unit
CALIF057 California State Disbursement Unit
BANKOF03 Bank of The West
CAMP04 Frankie John Campa
CAMPOS05 Rudy Campos
FLOREOl Karla Flores
GALVAN02 Claudia Galvan
GOMEZS Suzanne Gomez
HO YEN Noelle Hoye
IRWINDALE
Check Date
11103/2022
11/03/2022
11/03/2022
11103/2022
11/03/2022
11/03/2022
11103/2022
11/03/2022
11103/2022
78409 IRWIND21 Irwindale Hand Wash & Auto Detail 11/03/2022 78410 MCKN!Ol Alfred Mcknight 11103/2022
78411 NATION23 National Union Fire Insurance 11/03/2022 78412 OPTUMOl OptumRx, Inc. 11/03/2022
78413 ORANGEOl Orange County Sherill's 11/03/2022
78414 OSTERHOl Delfina Osterhein1 11/03/2022
78415 PAIKOl Sumako Paik 11/03/2022
78416 PALACIO! Joanna Palacios 11/03/2022
78417 SCFUELS SC Fuels 11/03/2022
78418 SMART& Smart & Final 11103/2022
78419 STANDA03 Standard Insurance Company 11/03/2022
78420 VISIONOl Vision Service Plan - (CA) 11103/2022
78421 WAGN02 Jeanette Wagner 11/03/2022
78422 WAGONER Pamela Wagoner ll/03/2022
78423 ZEPEDA07 Priscilla Zepeda 11/03/2022
Report Total (24 checks):
AP Checks by Date - Summary by Check Number (12/7/2022 5:58 PM) Check Amount
604.15
143.07
25,798.01
450.00
33.70 780.00
480.00
300.00
910.00
1,268.53
50.00 721.76
33,301.67
139.00
184.90
240.00
300.00
16,803.91
1,186.79
2,466.86
2,223.44
1,700.00
200.00
193.86
90,479.65
Pagel
Accounts Payable
Checks by Date - Summary by Check Number
User: nwoodard
Printed: 1217/2022 5:58 PM
IRWINDALE - ---- --
Check No Vendor No Vendor Name Check Date Check Amount
78425 AMAZON Amazon 11/07/2022 3,789.33
78426 HOMEDE Home Depot Credit Services 11/08/2022 3,089.26 78427 PETTYC05 City oflrwindale Petty Cash 11/08/2022 464.42 78428 AMBROI Ann Ambriz 11/10/2022 40.00
78429 BORBOl Cesar Borbon 11/10/2022 75.00
78430 CHARTED! Charter Communications 11/10/2022 472.87 78431 COUNTY04 County of Los Angeles 11/10/2022 7,022.00 78432 DIVISIOI Division of the State Architect 11/10/2022 177.79 78433 FRAEROI Laura Fraer Snyder 11/10/2022 l,500.00
78434 FRAIJO Lucia Fraijo 11/10/2022 75.00
78435 MACIA02 Andrea Macias 11/10/2022 150.00
78436 MAGAOl Juan Magana 11/10/2022 75.00
78437 MARQOI Rudy Marquez 11/10/2022 75.00
78438 MOLLO! Jose Moller 11/10/2022 75.00
78439 OLNAROI Theresa Olivares 11/10/2022 32.88
78440 ONTIOI Natalie Ontiveros 11/10/2022 75.00
78441 POLANCO! Hugo Polanco 11/10/2022 75.00
78442 RUIZIO Bertha Ruiz 11/10/2022 150.00
78443 SANG03 San Gabriel Valley Police Chiefs' Associatii 11/10/2022 400.00 78444 TAPIA04 Janell Tapia 11/10/2022 75.00
78445 TATUMOI Blanca Tatum 11/10/2022 75.00
78446 THOEOI Linda Thoemmes 11/10/2022 75.00
78447 TPXOI TPX Communications 11/10/2022 2,562,55
78448 VIRGO! Miguel Virgen 11/10/2022 2,100.00
78449 YEN02 Dianna Yen 11/10/2022 75.00
78450 AMBROI Ann Ambriz 11/15/2022 300.00
78451 CALIF056 California State Disbursement Unit 11/17/2022 604.15 78452 CALIF057 California State Disbursement Unit 11/17/2022 143.07 78453 CITYOI City of Hope 11/17/2022 54.00
78454 !CEA Irwindale City Employee Assoc. 11/17/2022 726.00 78455 IMEA Irwindale Mgmt Employee Assoc. 11/17/2022 500.00 78456 IRWIND02 Irwindale Police Officers Assoc. 11/17/2022 3,288.10 78457 AGUILARE Brain Aguilar 11/17/2022 132.20
78458 AMERIC34 American Fidelity Assurance Co 11/17/2022 2,619.06 78459 AMESOLOI Luis Amesola 11/17/2022 227.25
78460 ARIASO! Michael Arias 11/17/2022 40.95
78461 AT&T02 AT&T 11/17/2022 32.60
78462 AT&T06 AT&T 11/17/2022 64.20
78463 AZUSALW Azusa Light & Water 11/17/2022 198.04
78464 BALL!Ol Shayna Balli 11/17/2022 ll7.99
78465 BURGUAO! Rene Burguan 11/17/2022 300.00
78466 CALIF002 California American Water 11/17/2022 l,372.45 78467 CALIF004 California Joint Powers Insurance Authorit) 11/17/2022 375.00 78468 COLD DU Cold Duck Prod. Inc. 11/17/2022 2,000.00
78469 CPOA CPOA 11/17/2022 l,150.00
78470 EDDCAS Employment Development Dept. 11/17/2022 4,469.00 78472 FONSEC02 Lydia Fonseca 11/17/2022 300.00
AP Checks by Date~ Summary by Check Number (12/7/2022 5:58 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
78473 GARC13 Maria Garcia 11/17/2022 40.00
78474 GASCOM Gas Company, The 11/17/2022 1,175.21
78475 SOUTHE17 Golden State Water Company 11/17/2022 3,581.95 78476 GOMEll Briana Gomez 11/17/2022 132.97
78477 MCIWOR MCI Comm Service 11/17/2022 37.69
78478 RlVERSOl Riverside Co. Sheriffs Dept. 11117/2022 392.00 78479 BUCKO! Cameron J Saylor 11117/2022 2,812.76
78480 SMART& Smart & Final 11/17/2022 971.01
78481 VALLEY09 Valley View Mutual Water Co. 11/17/2022 83.66 78482 verizonw Verizon Wireless 11117/2022 3,024.52
78483 AD VANT Advantage Ford 11/23/2022 712.49
78484 ALESHIRE Aleshire & Wynder, LLP 11/23/2022 36,092.31 78485 ALLC!Ol All City Management Services, Inc 11/23/2022 1,864.20 78486 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 11/23/2022 1,438.00 78487 ALLISOOl Allison Mechanical, Inc 11/23/2022 5,356.03 78488 ARAMO! Aramark Uniform & Career Apparel Group 11/23/2022 1,553.66 78489 B&BTIR B & B Tires Service 11/23/2022 45.00
78490 BAKERO! Baker & Taylor Books 11/23/2022 873.21
78491 BARNEY Barney's Locksmith Service 11/23/2022 49.83 78492 BILLST Bill's Truck Repair, Inc. 11/23/2022 159.00 78493 BLACKA Black & White Emergency Vehicles 11/23/2022 249.61 78494 BRITEW BriteWorks, Inc. 11/23/2022 13,539.95
78495 CACE California Association of 11123/2022 200.00
78496 CALI12 California Consulting Inc. 11123/2022 4,500.00 78497 SANGABll California Newspapers Partnership 11/23/2022 1,138.42 78498 CAR QUEST Carquest 11123/2022 91.96
78499 CASCO! CASC Engineering & Consulting 11123/2022 2,067.50 78500 CCEAOl CCEA 11/23/2022 100.00
78501 CHRISNOl Chris Nelson & Associates, Inc. 11123/2022 2,830.00 78502 CINTAS Cintas Corporation #693 11/23/2022 542.64
78503 COMM02 Commercial Recreation Specialist Inc 11/23/2022 4,859.94 78504 COUNTY04 County of Los Angeles 11/23/2022 2,323.99 78505 CPOA CPOA 11/23/2022 200.00
78506 DEMCOI Demeo, Inc. 11/23/2022 303.92
78507 DICKERO! Dickerson, McCulloch & Associates, LLC 11123/2022 7,920.00 78508 BALLOO Carol Diess 11/23/2022 25.00
78509 DUDEKO! Dudek 11123/2022 1,040.00
78510 BATEOl Elior Inc. 11/23/2022 4,174.50
78511 FCGOl FCG Consultants Inc. 11/23/2022 27,665.26
78512 FED EX FedEx 11/23/2022 22.62
78513 FILLGOl Fill Good Landscaping 11/23/2022 400.00
78514 FULLMEOl Fullmer Construction 11/23/2022 30,000.00 78515 GARVEY Garvey Equipment Co 11/23/2022 321.01
78516 GEO LOG Geologic Associates 11/23/2022 24,649.00
78517 HASAOl Hasa Inc. 11/23/2022 1,773.79
78518 HDLOl Hdl Software, LLC 11/23/2022 66.52
78519 HEWLETOl Hewlett Packard Enterprise Co. 11123/2022 8,831.64 78520 LAOPINIO IMPREMEDIA OPERATING COMPANY, ll/23/2022 530.00 78521 INTELLOl Intelli-tech, Inc. 11/23/2022 318.00
78522 IIMC02 International Institute of 11123/2022 125.00 78523 JCSPLU JC's Plumbing & Backflow Svc 11123/2022 261.66 78524 JO EA GO Joe A. Gonsalves & Son 11123/2022 2,375.00 78525 KJSERVOl KJ Services Enviromental Consulting LLC 11/23/2022 85.00 78526 LAND SC Landscape Warehouse III Inc. 11/23/2022 70.85 78527 LAWEO! Law Enforcement Medical Services, Inc. 11/23/2022 150.00 78528 LEXISN LexisNexis Risk Solutions 11/23/2022 151.50 78529 LIEBERT Liebert Cassidy Whitmore 11/23/2022 100.00 AP Checks by Date - Summary by Check Number (12/7 /2022 5 :58 PM) Page2 Check No Vendor No Vendor Name Check Date Check Amount
78530 LSAOI LSAAssociates, Inc. 11/23/2022 8,143.75
78531 CALIBEO! Lawrence E. Marino 11/23/2022 2,519.72
78532 MARIPO Mariposa Landscapes, Inc. 11/23/2022 8,796.00 78533 MOUNTO! MNRO Holdings, LLC 11/23/2022 131.23
78534 MOTORO! Motorola Solutions, Inc. 11/23/2022 300.00 78535 EXTRO! FrankNesci 11/23/2022 625,00
78536 OFFICE03 Office Depot 11/23/2022 1,294.10
78537 ORKINP Orkin Pest Control 11/23/2022 102.00
78538 PHASEII PARS 11/23/2022 3,500,00
78539 PERF03 Performance Elevator Contractors, Inc. 11/23/2022 360.00 78540 PHOENIO! Phoenix Construction & Management 11/23/2022 30,000.00 78541 PITNEY06 Pitney Bowes, Inc 11/23/2022 1,104.29
78542 PRO PRINT Pro Printing, Inc. 11/23/2022 1,230.75
78543 PROFORO! ProForce Law Enforcement 11/23/2022 261.79 78544 PUELO! Public Safety Consulting, Inc. 11/23/2022 37,056.23 78545 PACIFl13 Rene David LTD 11/23/2022 598.55
78546 RICOHOI Ricoh USA, Inc 11/23/2022 1,205.42
78547 RICOH02 Ricoh USA, Inc 11/23/2022 1,673.13
78548 RIOHONOI Rio Hondo College 11/23/2022 50.00
78549 SANGAB16 San Gabriel Basin Water 11/23/2022 2,256.00 78550 SIERRMOI Marcos Sierra 11/23/2022 3,427.68
78551 SIERRAOI Sierra Chevrolet 11/23/2022 98.68
78552 SIERRA02 Sierra Chrysler/Dodge/Jeep/Ram 11/23/2022 59.17 78553 SWANKOI Swank Motion Pictures, Inc. 11/23/2022 570.00 78554 NORTHR The Northridge Group, Inc. 11/23/2022 9,600.79 78555 THERIGO! The Rig Man 11/23/2022 308.78
78556 UNITED05 United Rentals, Inc. 11/23/2022 636.25
78557 UNITED!l United Site Services of CA Inc 11/23/2022 589.50 78558 WEST04 WC Performance Ford Inc. 11123/2022 4,341.05 78559 WESTC005 West Coast Arborists, Inc. 11/23/2022 9,838.50 78560 HDSUPO! WHITE CAP, L.P. 11/23/2022 123. 11
78561 WIN02 Win Structural Consulting Group 11/23/2022 5,725.00 78562 YT IRES Y Tire Sales 11/23/2022 1,193.09
78563 AGUILA07 Berlyn Agoila 11/23/2022 347.58
78564 ALVARA04 Aundrea Alvarado 11/23/2022 163.24
78565 BANKOF03 Banlc of The West 11/23/2022 20,905.69
78566 ESPINO!O Iris Espino 11/23/2022 274.47
78567 FRONTO! Frontier Communications 11/23/2022 1,150.73 78568 IRWIND21 Irwindale Hand Wash & Auto Detail 11/23/2022 1,561.41 78569 SCFUELS SC Fuels 11/23/2022 18,113.86
78570 VALLEYO! Valley County Water District 11/23/2022 12,887.83 78571 VARGAS03 Jose Vargas 11/23/2022 23.89
78572 ZEPEDA07 Priscilla Zepeda 11/23/2022 468.38
78573 PETTYC05 City oflrwindale Petty Cash 11/28/2022 625.59 78574 ROSENO Rosenow Spevacek Group Inc 11/28/2022 2,260.00 78575 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 12/01/2022 259.00 78576 AMERIFID American Fidelity Assurance 12/01/2022 7,025.04 78577 AT&T06 AT&T 12/01/2022 1,768.02
78578 BUSTA!O Joanna Bustamante 12/01/2022 75.00
78579 CALIF003 California JPIA 12/01/2022 750.00
78580 CONCEO! Concentra 12/01/2022 100.00
78581 CORNEJOD Diego Cornejo 12/01/2022 180.96
78582 PMIDEN Delta Dental Insurance Company 12/01/2022 944.68 78583 PMIDENOl Delta Dental of California 12/01/2022 13,657.14 78584 ESPI!O Arthur Espinosa 12/01/2022 75.00
78585 FNTCOl FNTC - CORPORATE UTIC 12/01/2022 1,000.00
78586 HIPOO! Alma Hipolito 12/01/2022 75.00
AP Checks by Date - Summary by Check Number (1217/2022 5:58 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
78587 ICMA ICMA 12/01/2022 1,200.00
78588 LEGAL03 Legal Shield 12/01/2022 37.90
78589 LIEBERT Liebert Cassidy Whitmore 12/01/2022 637.50 78590 LOPEZ25 Nicholas Lopez 12/01/2022 238.65
78591 NATION23 National Union Fire Insurance 12/01/2022 720.38 78592 OPTUMOl OpturnRx, Inc. 12/01/2022 31,082.64
78593 OSOR!lO Hilda Osorio 12/01/2022 300.00
78594 PALACIO! Joanna Palacios 12/01/2022 161.12
78595 STANDAOl Standard Insurance Co. RV 12/01/2022 459.95 78596 STANDA03 Standard Insurance Company 12/01/2022 2,452.09 78597 STATEOOl State Of California 12/01/2022 32.00
78598 STROBE03 Gary Strobehn 12/01/2022 275.00
78599 SUPEROI Super Birthday Inc. 12/01/2022 550.00
78600 TEXASOl Texas Life Insurance Co. 12/01/2022 3,558.59 78601 VISIONOl Vision Service Plan - (CA) 12/01/2022 1,588.65 78602 VISIONOl Vision Service Plan - (CA) 12/01/2022 4,573.00 78603 CALIF056 California State Disbursement Unit 12/01/2022 604.15 78604 CALIF057 Califon1ia State Disbursement Unit 12/01/2022 143.07 Report Total (179 checks): 517,216.70
AP Checks by Date - Summary by Check Number (12/7/2022 5:58 PM) Page4 Accounts Payable
Checks by Date - Summary by Check Number
User: nwoodard
Printed: 1217/2022 5:50 PM
IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
78606 Al PART A-1 Party Rentals 12/14/2022 2,081.50
78607 AZBUSOI A-Z Bus Sales 12/14/2022 6,915.31
78608 BAKEROI Baker & Taylor Books 12/14/2022 428.59
78609 BARNEY Barney1s Locksmith Service 12/14/2022 6.89 78610 BLACKA Black & White Emergency Vehicles 12/14/2022 600.00 78611 CARQUEST Carquest 12/14/2022 16.23
78612 CASCO! CASC Engineering & Consulting 12/14/2022 1,695.00 78613 CASTIOI John Castillo 12/14/2022 424.00
78614 CDWOI CDW Government 12/14/2022 4,772.16
78615 CINTAS Cintas Corporation #693 12/14/2022 144.35
78616 CIVIC02 CivicPlus, LLC 12/14/2022 7,929.47
78617 DEPTOF02 County of LA Dept of Animal Care & Cont 12/14/2022 2,485.73 78618 COUNTY04 County of Los Angeles 12/14/2022 29,486.82 78619 LOSANG33 County of Los Angeles 12/14/2022 93,728.62 78620 DEMCOI Demeo, Inc. 12/14/2022 613.26
78621 DUDEKOI Dudek 12/14/2022 1,560.00
78622 DURATEOI DuraTech USA, Inc. 12/14/2022 542.43
78623 FARON!Ol Faronics Technologies 12/14/2022 451.50
78624 FCGOI FCG Consultants Inc. 12/14/2022 12,290.88
78625 FOOTHOI Foothill Communications, Inc. 12/14/2022 2,995.00 78626 GARVEY Garvey Equipment Co 12/14/2022 394.43
78627 GLOBAL02 Global Environmental Training & Consulti1 12/14/2022 3,050.00 78628 GOVERNOI Government Finance Officers 12/14/2022 65.00 78629 HARDY02 Hardy & Harper 12/14/2022 32,162.27
78630 INTELLOI Intelli-tech, Inc. 12/14/2022 1,328.51
78631 INTEROI Interwest Consulting Group 12/14/2022 12,882.50 78632 JO EA GO Joe A. Gonsalves & Son 12/14/2022 2,375.00 78633 JOHNNY02 Johnny's Pool Service 12/14/2022 198.40
78634 LAWEOI Law Enforcement Medical Services, Inc. 12/14/2022 75.00 78635 LEWJSE Lewis Engraving, Inc. 12/14/2022 90.00
78636 NATION25 National Auto Fleet Group 12/14/2022 31,552.47 78637 OFFICE03 Office Depot 12/14/2022 56.64
78638 ORKINP Orkin Pest Control 12/14/2022 676.00
78639 PLACEOl PlaceWorks, Inc. 12/14/2022 22,687.52
78640 PRO PRINT Pro Printing, Inc. 12/14/2022 2,043,88
78641 PROFOROl ProForce Law Enforcement 12/14/2022 116,880.30 78642 RJCOH02 Ricoh USA, Inc 12/14/2022 1,673.13
78643 RJOHONOI Rio Hondo College 12/14/2022 l,085.00
78644 ROADL! Roadline Products Inc. USA 12/14/2022 432.63 78645 S!ERRAOI Sierra Chevrolet 12/14/2022 103.02
78646 SOUTH09 Southern Computer Warehouse Inc, 12/14/2022 1,049.81 78647 W!LLDAN Willdan Financial Services 12/14/2022 2,390.00 78648 WORLDB World Book Inc 12/14/2022 1,321.90
78649 YT!RES YTire Sales 12/14/2022 466.80
78650 Z&KOI Z&K Consultants, Inc. 12/14/2022 17,862.50
78651 ZOHOOI Zoho Corporation 12/14/2022 2,020.50
AP Checks by Date - Summary by Check Number (12/7/2022 5:50 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Report Total (46 checks): 424,090.95
AP Checks by Date - Summary by Check Number (12/7/2022 5:50 PM) Page2
1 | Page
City of Irwindale
Development Impact Fee Annual Report
Fiscal Year 2021-2022
INTRODUCTION
The following is a report, which was prepared to comply with California Government Code Section 66006. This section requires an annual disclosure and review of collected development impact fees and expenditures. This review is prepared in compliance with the requirements of the Government Code1. The Development Impact Fees are meant to fund the cost of key capital facilities that will be needed to meet the City’s growth demands.
The City Council of the City of Irwindale adopted the Development Impact Fee (“DIF”) Ordinance No. 726 on July 11, 2018. On December 9, 2020, the City Council approved Resolution No. 2020-98-3258 approving adjustments of the City’s DIF and the fees became effective sixty (60) days after adoption.
State law requires any local agency that imposes development impact fees to prepare and make available an annual report providing specific information about those fees within 180 days after the last day of each Fiscal year. The annual compliance reporting requirements are as follows:
1. A brief description of the type of fee in the account or fund, included as Section 1.
2. The amount of the fee, included as Section 2.
3. The beginning and ending balance of the account or fund, included as Section 3.
4. The amount of the fees collected and the interest earned, included as Section 4.
5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Included as Section 5.
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, 1 Unless otherwise specified herein, all statutory references are to the Government Code. 2 | Page
as identified in paragraph (2) of the subdivision (a) of Section 66001, and the public improvement remains incomplete. Included as Section 6.
7. A description of each inter-fund transfer or loan made from the account or fund, including the public improvement of which the transferred or loaned fees will be expended, and the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
Included as Section 7.
8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001. Included as Section 8. 3 | Page
RESPONSES TO THE REPORTING REQUIREMENTS
Section 1: A brief description of the type of fee in the account or fund a. Administrative Facilities – The purpose of the fee is to ensure that the new development funds its fair share of administrative facilities.
A fee schedule is presented based on the planned facilities standard of administrative facilities in the City of Irwindale to ensure that new development provides adequate funding to meet its needs. b. Transportation Facilities – The purpose of this fee is to fund the needed transportation facilities, including roadway segments and intersection improvements, to accommodate new development. c. Library Facilities – The purpose of this fee is to fund the needed Library facility. The Library facilities in Irwindale serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City’s service population including residents and workers.
d. Storm Drain Facilities – The purpose of this Storm Drain Facilities fee is to accommodate growth within the City of Irwindale and to fund new development, including storm drain facility infrastructure. e. Police Facilities – The purpose of the police impact fee is to fund the police facilities needed to serve new development. Irwindale currently provides police services from a single police station. A proposed fee is presented based on the system plan standard of police facilities per capita.
f. Sewer Facilities – The purpose of this Sewer Facilities fee is to accommodate growth within the City of Irwindale and to fund new development, including sewer facilities infrastructure. g. Parks and Recreation Facilities – The purpose of the parkland and park facilities impact fee is to fund the park facilities needed to serve new development. The maximum justified impact fee is presented based on the existing plan standard of parkland and park facilities per capita.
4 | Page
Section 2. Current Fee Schedule
Section 3. The beginning and ending balance of the account or fund The beginning balance is as of July 1, 2021, and the ending balance is as of June 30, 2022.
Section 4. The amount of fees collected and the interest earned Fees were collected and interest was earned during July 1, 2021, and the ending June 30, 2022.
Land Use
Admin
Facilities
Police
Facilities
Parks
& Rec
Facilities
Library
Facilities
Transportation
Facilities
Storm
Drain
Facilities
Sewer
Facilities
Residential - Per Dwelling Unit
Single Family $ 6,390 $ 8,466 $ 17,519 $ 1,148 $ 3,992 $ 723 $ 31 Multifamily 3,019 3,999 8,276 542 2,787 476 15
Nonresidential - Fee per 1,000 Sq Ft
Commercial $ 1,452 $ 1,924 $ 3,468 $ 210 $ 7,096 $ 542 $ 27 Office 1,897 2,512 4,527 275 5,084 166 23
Industrial 705 934 1,684 102 3,370 383 3
Impact Fee Type
Beginning
Balance
July 1, 2021
Ending
Balance
June 30, 2022
Admin Facilities $ 30,161.51 $ 61,446.69
Police Facilities $ 39,948.43 $ 81,384.29
Parks & Rec Facilities $ 72,022.83 $ 146,726.35
Library Facilities $ 4,359.63 $ 8,882.03
Transportation Facilities $ 144,134.64 $ 289,810.59
Storm Drain Facilities $ 16,370.85 $ 32,521.58
Sewer Facilities $ 133.45 $ 285.81
Total $ 307,131.34 $ 621,057.34
5 | Page
Section 5. An identification of each public improvement on which the fees were expended and the amount of the expenditure of each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Section 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of the subdivision (a) of Section 66001, and the public improvement remains incomplete.
Although Projects 8238 (Study) and 8804 (Design) initial phase have commenced, the date of construction has yet to be determined.
Impact Fee Type Fees Collected Interest Total
Admin Facilities $ 31,285.18 $ 181.39 $ 31,466.57
Police Facilities $ 41,435.86 $ 240.24 $ 41,676.10
Parks & Rec Facilities $ 74,703.52 $ 433.12 $ 75,136.64 Library Facilities $ 4,522.40 $ 26.22 $ 4,548.62
Transportation Facilities $ 145,675.95 $ 844.61 $ 146,520.56 Storm Drain Facilities $ 16,150.73 $ 93.64 $ 16,244.37
Sewer Facilities $ 152.36 $ 0.88 $ 153.24
Total $ 313,926.00 $ 1,820.11 $ 315,746.11
Project
No. Description
Amount
Budgeted
Percentage
of Project to
be Funded
Amount
Expended
Percentage
of Budget
Expended
8238 Facilities Master Plan Study -
PD & City $ 299,600.00 85.6% $ 135,610.09 45%
8804
Construction of New 8" VCP
Sewer Main Extension on
Arrow Hwy 66,000.00 20% 11,069.45 17%
Total $ 365,600.00 $146,679.54
6 | Page
Section 7. A description of each inter-fund transfer or loan made from the account or fund, including the public improvement of which the transferred or loaned fees will be expended, and the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
The amount expended for Projects 8238 and 8804 was transferred from Development Impact Fees (Fund 47) to Capital Improvement Program (Fund 48) project expenditure accounts respectively.
Section 8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds from Development Impact Fee Funds due to sufficient funding or unexpended revenues have occurred.
GJCity Council
OSuccessor Agency
O Housing Authority
O Reclamation Authority
O Joint Powers Authority
Date: December 14, 2022
Cityo/
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 10
Issue: Request to approve a Fee Waiver for the procession or parade's public safety services performed by Irwindale Police Department for the "Our Lady of Guadalupe Church Fiesta" on December 11, 2022.
City Manager's Recommendation:
That the City Council adopt Resolution No. 2022-121-3371 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE RETROACTIVELY APPROVING
THE PUBLIC SAFETY SERVICE FEE WAIVER FOR THE PROCESSION PARADE OF OUR LADY OF GUADALUPE CHURCH FIESTA ON DECEMBER 11, 2022" Waiving further reading.
Administrative Action:
Submitted & Prepared by:
Robert Castro, Interim Police Chief
(626) 430-2234
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer ~~~~~~~~~~~~ £ ~ ' Approved by:
Julian A. Miranda, City Manager
BACKGROUND AND ANALYSIS
On November 17, 2022, the City Council approved Our Lady of Guadalupe Church's (Applicant) November 10, 2022 application to have the City's Procession or Parade License fee waived for the "Our Lady of Guadalupe Church Fiesta". The fee was waived pursuant to City's Fee Adjustment Policy Section I, subsection H, which states that "Any other fee the
City may deem necessary to achieve the stated goals of this Policy" and Section II, subsection (2) (a), as this event will "Benefit the community." Other factors considered were that the Church was a non-profit organization and the procession provides a unique public benefit in which supports cultural, civic and community peace, and understanding for the community.
The Applicant has also submitted a written request dated November 17, 2022 to have the public safety services fee waived, which is invoiced separately from the Procession fee.
This request was inadvertently not included in the Applicant's November 10, 2022, fee waiver request. However, for this event to be successful, city resources like Police personnel and equipment and road closure barricades are also needed. City of lrwindale's Police Department estimated the total costs for five (5) officers working a four (4) hour shift at $131 per hour to be $2,620. This fee would likewise qualify for a fee waiver under the same factors applicable to the Procession and Parade fee, because it is the same event.
Since the annual procession of "Our Lady of Guadalupe Church Fiesta" is scheduled to take place on Sunday December 11, 2022, from 2:00 p.m. - 4:00 p.m. and the next City Council meeting is schedule after that date, the City and the Applicant agreed to have the church submit its payment and the city will then hold on to the check without depositing it until the City Council has had the opportunity to review and render its decision on this Application.
Therefore, staff recommends that the City Council either:
1. Adopt Resolution No. 2022-121-3371 and waive the $2,620 fee associated with the cost of city provided public safety services/resources for this event.
2. Charge Our Lady of Guadalupe Church all fees associated with the cost of city provided public safety services/resources for this event and direct staff to deposit the check submitted by the Applicant.
FISCAL IMPACT
The approval of this item will result in a total fee waiver of $2,620.
ATTACHMENTS
A- Resolution 2022-121-3371
B - Waiver Request, dated November 17, 2022
Page2
Attachment A
RESOLUTION NO. 2022-121-3371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
RETROACTIVELY APPROVING THE PUBLIC SAFETY SERVICE FEE
WAIVER FOR THE PROCESSION PARADE OF OUR LADY OF
GUADALUPE CHURCH FIESTA ON DECEMBER 11, 2022
WHEREAS, Our Lady of Guadalupe Church, the Applicant, submitted a Special Event Permit application to the Community Development Department on October 20, 2022 for City of lrwindale("City") approval of a special event "SEP 14-2022 Our Lady of Guadalupe Fiesta" taking place on Saturday, December 10, 2022 and Sunday, December 11, 2022; and
WHEREAS, the Fiesta is a multicultural community event that traces its roots back to the 161h Century in what is now modern day Mexico City. The procession, while honoring Our Lady of Guadalupe, also honors and incorporates Aztec and European symbolism and incorporates a procession. The Applicant is required under Irwindale Municipal Code (IMC) Section 10.44.080 "Parade Permit Requirements" to have City Council approval of a parade or procession permit and in addition, requires public safety services such as Police personnel and equipment, including road closure barricades; and
WHEREAS, the Applicant, being a non-profit community based organization within the City has deposited a check with the City for the Public Safety Services Fee, however is requesting a fee waiver of the fee in the amount of $2,620, according to the approved "City of Irwindale Fee Adjustment Policy;" WHEREAS, the procession for this event will include two pick-up trucks carrying religious images, charros, dancers and approximately 200 participants who will be walking in the nonreligious procession, and all religious ceremonies will take place onsite at Our Lady of Guadalupe Church, which is unrelated to the procession for which the fee waiver is sought; and
WHEREAS, the event qualifies for and the City Council desires to waive the $2,620 Public Safety Services Fee and return the same to the Applicant, in accordance with the City of Irwindale Fee Adjustment Policy because the Church is a non-profit organization and the procession provides a public benefit by supporting cultural, civic and community peace and understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS
FOLLOWS:
Resolution No. 2022-121-3371
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council hereby finds that waiving the Public Safety Services fee of $2,620 for this special event "SEP 14-2022 Our Lady of Guadalupe Fiesta" which includes a procession that serves a valid public purpose of providing a public benefit by supporting cultural, civic and community peace and understanding.
SECTION 3. Based on the above finding, the City Council hereby approves the City of Irwindale Application for Fee Adjustment and hereby waives the Public Safety Services fee of $2,620. City staff are directed to return the check deposit in the same amount to the Applicant.
SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 14th day of December 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Larry G. Burrola, Mayor
Resolution No. 2022-121-3371
Page2
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. 2022-121-3371 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Council members:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-121-3371
Our Lady Of (juada(uye Catliofic Cliurcli
Irwinaa[e, Ca[ifornia
A Roman Catholic Chri.stian Community of Faith, Worship and Service November 17, 2022
Chief Rob Castro
Chief of Police
LT Jose Vargas
5050 North Irwindale Ave.
Irwindale, CA 91706
Dear Chief Castro and LT Vargas,
RECEIVED
N 2.:oo
ov 1 7 2022 ,01"'
ClTY 0 . /\JA . CJTy CF IRWINDALE~ . LERKs DEPT,
As you know we will be having our Annual Fiesta on December 10th and December 11th of the current year to raise church funds to assist our Parish Community. After reviewing the invoice submitted of our beloved Irwindale Police to provide services, humbly, I am requesting that you consider applying a waiver for that day's coverage.
With such waiver, it will allow us to expand our fund raising monies and minimize our expenses.
I appreciate your time and consideration ..
Sincerely yours,
Rev. Hector William Rodriguez
Pastor
RHWR/lma
ll'JCity Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: December 14, 2022
Cityef
IRWINDALE
AGENDA REPORT
CC Item 1E
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Authorizing Finance Director to amend Fiscal Year 2022-2023 adopted budget by appropriating $4,349,965.75 from the General Fund reserve to the Capital Improvement Program Project 8230, and issue a letter to California State Library guaranteeing and confirming City of lrwindale's availability of all matching funds.
City Manager's Recommendation:
Adopt Resolution No. 2022-123-3373 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE FISCAL YEAR 2022-2023 ADOPTED CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROPRIATING $4,349,965.75
FROM THE GENERAL FUND RESERVE TO THE CITY OF IRWINDALE PUBLIC
LIBRARY IMPROVEMENT PROJECT, AND AUTHORIZING THE ISSUANCE OF A
LETTER TO THE CALIFORNIA STATE LIBRARY GUARANTEEING AND CONFIRMING
THE CITY OF IRWINDALE'S AVAILABILITY OF ALL MATCHING FUNDS FOR THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT."
Administrative Action:
Prepared /Submitted by:
Theresa Olivares, Assistant City Manager
(626) 430-2294
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Theresa Olivares, Assistant City Manager
Electronically Approved
Background and Analysis:
On November 9, 2022, the City Council authorized the grant application acceptance and execution of $6, 135,594 grant funds from the California State Library (CSL) to support the City of Irwindale Public Library Improvement Project (Project).
The City of Irwindale is required to provide and expend matching funds in the amount of $6, 135,594 during the grant period at the same rate as the grant funds. Since the meeting in November, staff received the CSL award packet and among the documents requested, a letter must be provided from the City's Finance Director guaranteeing and confirming the availability of all matching funds for the Project.
To comply with this request, staff is seeking approval for a budget appropriation in the amount of $4,349,965.75 into Capital Improvements Program (CIP) Project No. 8230 City of Irwindale Public Library Improvement Project. The table below identifies the current Project budget as previously approved by the City Council:
Required Matching Funds
Less: CIP Project No. 8230 - City of Irwindale Public Library Improvement Project
Less: AB 179 Target Grant Funding
CWA AIA, Inc. contract (includes contingency) Approved
11/17/2022
Funds Available
Additional Appropriations Required for Matching Funds
$ 6,135,594.00
$ (2,352, 172.25)
(500,000.00)
1,066,544.00
$ (1.785,628.25)
$ 4.349.965.75
In addition, City Council's authorization is needed for the City's Finance Director to provide a letter to CSL guaranteeing and confirming the availability of all matching funds in CIP No. 8230 for the Project.
Fiscal Impact:
The adoption of Resolution No. 2022-123-3373, authorizes Finance Director to: 1) Amend Fiscal Year 2022-2023 Adopted Budget by appropriating $4,349,965.75 from General Fund's Capital Asset Replacement reserve account (01-00-000-29020-0000) to CIP Project No. 8230; and 2) issue a letter to CSL guaranteeing and confirming City of lrwindale's availability of all matching funds for the City of Irwindale Public Library Improvement Project.
Attachment:
Resolution No. 2022-123-3373
Page2
RESOLUTION NO. 2022-123-3373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE FISCAL YEAR 2022-2023 ADOPTED CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROPRIATING $4,349,965.75 FROM THE GENERAL FUND RESERVE
TO THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT, AND
AUTHORIZING THE ISSUANCE OF A LETTER TO CALIFORNIA STATE LIBRARY
GUARANTEEING AND CONFIRMING THE CITY OF IRWINDALE'S AVAILABILITY
OF ALL MATCHING FUNDS FOR THE CITY OF IRWINDALE PUBLIC LIBRARY
IMPROVEMENT PROJECT
WHEREAS, the Legislature and Governor of the State of California have provided funds for the State of California Budget Act of 2021 (SB 129); and WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, on November 9, 2022, the City Council adopted Resolution No. 2022-107-3357, authorizing the City to submit a grant application and accepting $6, 135,594 from the State of California to carry out the City of Irwindale Public Library Improvement Project; and
WHEREAS, the City of Irwindale has the legal authority and is authorized to enter into a funding agreement with the State of California; WHEREAS, the City of Irwindale Finance Director is required to issue a letter guaranteeing and confirming the availability of all matching funds in the amount of $6, 135,594; and
WHEREAS, A budget amendment of $4,349,965.75 is needed from the City of Irwindale General Fund Capital Asset Replacement reserve account to the Capital Improvements Program Project No. 8230 City of Irwindale Public Library Improvement Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby amends the Fiscal Year 2022-2023adopted Capital Improvement Program Budget and appropriates $4,349,965.75 of the General Fund Capital Asset Replacement reserve account to the Capital Improvements Program Project No. 8230 City of Irwindale Public Library Improvement Project.
SECTION 2. The Finance Director of the City of Irwindale is hereby authorized and directed to issue a letter to California State Library guaranteeing and confirming City of lrwindale's availability of all matching funds.
Resolution No. 2022-123-3373
SECTION 3. The Chief Deputy City Clerk shall certify to the passage and adoption of this resolution, and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED this 14th day of December 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES} ss.
CITY OF IRWINDALE }
Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-123-3373 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 14th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-123-3373
121City Council
O Successor Agency
OHousing Authority
0 Reclamation Authority
OJoint Powers Authority
Date: December 14, 2022
City if
IRWINDALE
AGENDA REPORT
CC Item 1F
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of the 2023 Local Appointments List
City Manager's Recommendation:
Adopt Resolution No. 2022-115-3365 entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE, STATE OF CALIFORNIA, REGARDING THE PREPARATION OF THE 2023 LOCAL APPOINTMENTS LIST AND POSTING OF THE SAME" reading by title only and waiving further reading thereof.
Administrative Action:
Prepared I Submitted by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Government Code Sections 54970-54975 ("the Maddy Act") require municipal agencies to prepare and post a list of appointments of all regular and ongoing boards, commissions, and committees. This list is known as the Local Appointments List. 01005.0001/839401.1 Page 1
The Maddy Act was enacted to ensure that members of the public are aware of opportunities to serve on local commissions. The Maddy Act mandates that on or before December 31 of each year, the City Council shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the City Council.
The list must include (a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.
The Chief Deputy City Clerk will be directed to make the Local Appointments List available to members of the public consistent with the requirements of the Maddy Act, including posting at the City Hall bulletin board, City's website (www.irwindaleca.gov) and the Irwindale Public Library.
Fiscal Impact:
None.
Attachment:
Proposed Resolution No. 2022-115-3365
Page2
RESOLUTION NO. 2022-115-3365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, STATE OF CALIFORNIA, REGARDING THE PREPARATION OF THE 2023
LOCAL APPOINTMENTS LIST AND POSTING OF THE SAME
WHEREAS, pursuant to the Maddy Act, California Government Code Section 54970 et seq., requires the City Council to prepare a Local Appointments List, which lists all regular and ongoing boards, commissions and committees which are appointed by the City Council; and
WHEREAS, the Local Appointments List is required to be made available to members of the public; and
WHEREAS, the City Council of the City of Irwindale desires to adopt the City of lrwindale's 2023 Local Appointments List, and make the same available to the public .
NOW, THEREFORE, THE CITY COUNCIL OF IRWINDALE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The Mayor has prepared an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the City Council, the 2023 Local Appointments List, which is attached as Exhibit "A". The City Council has reviewed and approves the List as prepared. The Chief Deputy City Clerk is directed to make the Local Appointments List available to members of the public consistent with the requirements of the Maddy Act, including posting at Irwindale City Hall's bulletin board, City of Irwindale website and the Irwindale Public Library located at 5050 Irwindale Avenue, Irwindale, CA 91706.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Irwindale at a regular meeting held on the 14th day of December 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
, Mayor
Resolution No. 2022-115-3365
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. 2022-115-3365 was adopted at an regular meeting of the Irwindale City Council held on the 14th day of December 2022, by the following vote of the Council:
A YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2022-115-3365
Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibit "A"
~~~ ..l..
• l'ill llill ...
Iii
IRWINDALE
LOCAL APPOINTMENTS LIST
NOTICE OF COMMISSION VACANCIES
NOTICE IS HEREBY GIVEN that the City of Irwindale encourages residents to apply for positions on City Boards, Commissions, and Committees that will have vacancies in 2023.
Commissioners are appointed by the City Council, and are volunteers who serve three year terms (Planning Commissioners serve four year terms) beginning January 1 and must reapply after each term.
The following is a complete list of expiring appointed terms for 2023, names of incumbents and the dates of their appointment.
PARKS & RECREATION COMMISSION
The Parks and Recreation Commission provides policy direction to the City Council in administering the city's parks and recreation programs. The five member body meets on the first Wednesday of each month at 6:00 p.m. in the City Council Chambers.* Richard Chico
PLANNING COMMISSION
· .. ····•··· ·' Qate clf t>t?!?OJptrtji:1~tl. Rea oihfoieht. · ·· January 4, 2005;
December 12, 2007;
January 11, 2012;
December 9, 2015;
January 8, 2020
December 31, 2023
The Planning Commission provides land use policy direction to the City Council. The five member body meets on the third Wednesday of each month at 6:30 p.m. in the City Council Chambers.*
Resolution No. 2022-115-3365
Maggie Guzman
Carol Acosta
SENIOR CITIZEN COMMISSION
Date .. qf·A~pqintr1w11ft.
Rea 'ointment'·
July 28, 2003; December 20,
2005; December 10, 2008;
January 11, 2012; December
10, 2014; December 13, 2017;
December 9, 2020
February 24, 2021
December 31, 2023
December 31, 2023
The Senior Citizen Commission provides policy direction to the City Council in administering the city's senior citizen programs. The five-member body meets on the fourth Monday of each month at 9:00 a.m. in the City Council Chambers.
No person shall be eligible for appointment to the any City Commission unless he or she is a resident of the City of Irwindale, age fifty years or older (for the Senior Citizen Commission only) and a registered, qualified voter of the City at the time of appointment.
At all times during such commissioner's term of office he or she shall continue to be a resident and a registered, qualified voter of the city.
Date Posted: December 15, 2022
Resolution No. 2022-115-3365
Page4
Laura M. Nieto, MMC
Chief Deputy City Clerk
0City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: December 14, 2022
lily o/
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1G
Issue: Request to Approve Amendment No. 1 to a Professional Consulting Contract with LSA Associates, Inc. for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the construction of eleven (11) speculative concrete tilt-up buildings for a total of 1.27 million square feet of light industrial commercial business park uses on an approximately 62.7 acre project site located at 500 Speedway Drive [APNs]: 8532-004-022, 8532-004- 026, and 8532-004-025.
City Manager's Recommendation:
1) That the City Council approve the attached contract Amendment No. 1 with LSA Associates, Inc. for the preparation of an Initial Study and Environmental Impact Report to be prepared in association with a land use entitlement application for property located at 500 Speedway Drive, Irwindale, CA 91706.
Administrative Action:
Prepared & Submitted by:
Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
kA.
BACKGROUND
On October 28, 2020, the City Council approved a professional consulting contract with LSA Associates to prepare an Initial Study and appropriate environmental document for a proposed project at 500 Speedway Drive. It has been determined that an Environmental Impact Report (EIR) would be prepared for the project. The project includes the preparation of a Specific Plan to develop an industrial/commercial business park with eleven (11) light industrial and flex commercial buildings for property located at 500 Speedway Drive (Project). The applications include a request for a General Plan Amendment, a Zone Change, and a Tentative Parcel Map. Environmental analysis is required under the California Environmental Quality Act (CEQA) for land use entitlements.
The original contract amount was $339,922.00 to cover the cost for preparation of an EIR.
The full consulting contract amount was paid by Irwindale Outlet Partners, LLC, who was the initial Applicant/Developer for the project. On September 15, 2022, the property was sold to Irwindale Industrial, LLC. The new owner is continuing the application process.
On November 10, 2022, LSA Associates submitted a request for a budget increase of $54,572.00 for a contract total of $394,494.00 to complete the preparation of the EIR.
This amount is required to allow additional analyses to be included in the Draft and Final EIR, and includes a 5% contingency. These analyses include collection of new traffic counts, rerunning the traffic model, intersection analysis, site plan revisions, additional cumulative projects analysis, and a Caltrans Safety Analysis. Irwindale Industrial, LLC was notified and agrees to pay for the additional cost for the budget augment preparation of an EIR. An amendment to the Project Reimbursement Agreement with the developer is being prepared in addition to this budget augment request.
FISCAL IMPACT:
The entire cost for this consultant work will be covered by the Applicant/Developer, Irwindale Industrial, LLC. The City's General Fund will not be impacted. The applicant has agreed to reimburse the City 100% of all costs and expenses incurred by the City by providing a deposit account pursuant to the contract between the City and LSA Associates, Inc.
Attachment:
A - Contract Amendment No. 1 for professional services with LSA Associates, Inc.
ATTACHMENT "A"
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF IRWINDALE AND LSA ASSOCIATES, INC. (LSA)
THIS AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT(herein "Amendment No. 1") is made and entered into this 141h day of December 2022, by and between the City of Irwindale, a California municipal corporation ("City"), and LSA Associates, Inc., a California corporation ("Consultant" or "LSA"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred lo as the 11Parties".
WHEREAS, pursuant to the City of lrwindale's Municipal Code, City has authority to enter into and execute this Amendment No. 1; and
WHEREAS, on or about October 28, 2020, the City and Consultant entered into that certain Contract Services Agreement ("Agreement"), not to exceed THREE HUNDRED AND
THIRTY NINE THOUSAND AND NINE HUNDRED AND TWENTY TWO DOLLARS ($339,922.00), for the preparation of an environmental document; WHEREAS, the City and the Consultant wish to amend the Agreement to increase the Contract Sum by FIFTY FOUR THOUSAND AND FIVE HUNDRED SEVENTY TWO DOLLARS ($54,572.00) for the completion of the environmental document for the Irwindale Speedway Commerce Center Specific Plan project; bringing the final contract total to $394,494.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Scope of Services attached as Exhibit "A-1" to the Agreement shall be amended to add the additional services described in Exhibit "A-1" attached hereto.
2. Section 2.1 of the Agreement entitled "Contract Sum" shall be amended in its entirety to add an additional $54,572.00 to the Contract Sum for the preparation and completion of the environmental document to read as follows:
"2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" identified as Exhibit "B-1" for $54,572.00 and incorporated herein by this reference, but not exceeding THREE HUNDRED AND NINETY FOUR THOUSAND AND FOUR HUNDRED AND NINETY FOUR DOLLARS ($394,494.00) in accordance with the requirements under this Agreement."
3. The Schedule of Compensation attached as Exhibit "B-1" to the Agreement shall be amended to include the additional schedule of compensation included as Exhbit B-1 attached hereto.
4. Section 3.4 of the Agreement entitled "Term" shall be amended in its entirety to read as follows:
"3.4 Term. Unless earlier terminated in accordance with Article 7, "Enforcement of Agreement and Termination" of this Agreement, this Agreement shall continue in full force and effect until terminated but not to exceed June 1, 2023."
5. Full Force and Effect. Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
6. Corporate Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
ATTEST:
Laura M. Nieto, MMC, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:
CITY OF IRWINDALE, a municipal
corporation
Larry G. Burrola, Mayor
CONSULTANT:
LSA Associates, Inc., a California corporation
20 Executive Park, Ste. 200
Irvine, CA 92614
By: _____________ _
Name:
Title:
Anthony Petros
President
By: ____________ _
Name:
Title:
Justin Cary
CFP
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
- 3 -
EXHIBIT "A-1"
AMENDMENT NO. 1 SCOPE OF SERVICES
1. Collect new traffic counts at study intersections and roadway segments. The initial proposal for the project was prepared during the COVID-19 pandemic. Due to statewide closures and restrictions due to the on-going pandemic at the time, traffic volumes were lower than prepandemic conditions. As such, collecting historical counts was the preferred option to prepare the TIA. Subsequently, the scoping agreement was submitted in March 2022 and the study area was finalized by City staff. At this time, traffic volumes were close to pre-pandemic conditions and based on discussions with City staff, it was determined that new traffic counts would be collected at all study intersections and compared with historical counts. Additionally, roadway segments counts were required to prepare the traffic index analysis. Cost of collecting new traffic counts have been included as part of this Amendment No. 1.
2. Site plan revisions. Since the initiation of the project, the project description and site plan underwent through several refinements and modifications. These were due to updates to the Specific Plan as well as comments provided by City staff on the site plan. Changes to the site plan included land use changes and revisions to proposed project driveways. The initial site plan included industrial/warehousing land uses with a business park. The site plan was then modified to include commercial land uses (i.e., gasoline station) along with the industrial/warehousing land uses. The changes to the site plan required one round of revision to the traffic scoping that was resubmitted in May 2022. This Amendment No. 1 includes the cost of revising the traffic scoping letter due to changes made to the site plan.
3. Inclusion of cumulative projects from surrounding jurisdictions. The original scope of work anticipated inclusion of less than ten cumulative projects within the City. City staff requested to include cumulative projects from the adjacent jurisdictions of Arcadia, Azusa, Baldwin Park, Duarte, El Monte, and Monrovia. After reviewing the cumulative project lists from the respective neighboring jurisdictions, approximately 55 cumulative projects were included in the TIA.
Therefore, the cost of including these additional cumulative projects in the analysis has been included as part of this Amendment No. 1.
4. Include the Caltrans Safety Analysis. Caltrans provided comments on the initial submittal of the scoping agreement memorandum. Caltrans requested inclusion of driveway intersection safety analysis (due to proximity of the project next to the interchange), a Traffic Accident Surveillance and Analysis System (TASAS) analysis, and a ramp termini queuing and speed differential analysis. This is as per Caltrans' latest requirements as stated in their Vehicle Miles Traveled-Focused Transportation Impact Study Guide (dated May 2020) and Interim Local · Development and Intergovernmental Review Safety Review Practitioners Guidance (dated December 2020). This Amendment No. 1 includes cost of preparing the Caltrans Safety Analysis.
5. Re-running the traffic model (Southern California Association of Government [SCAG] Travel Demand Model). Due to changes made to the site plan the SCAG TDM was required to be re-run to prepare the project's VMT analysis as well as develop select zone model runs that - 4 -
was used to develop project trip distribution. The cost of re-running the SCAG model has been included as part of this Amendment No. 1.
6. Revision of the traffic operational improvements and intersection analysis using the Highway Capacity Manual Methodology. Upon review of the initial draft of the TIA and discussions with City staff, it was identified that no additional improvements were feasible at 11 intersections using ICU methodologies due to right-of-way constraints. City staff requested analysis of these study area intersections using the methodology outlined in the Highway Capacity Manual (HCM). That is because HCM methodologies allows consideration of additional improvements (signal timing, phasing, coordination etc.) that could not be evaluated using ICU methodologies. This task was not included in the original scope of work and analysis methodology as outlined in the City's TIA guidelines. As such, this Amendment No. 1 will include this additional analysis for the TIA.
7. Bi-weekly Coordination Meetings. LSA planning and transportation staff will attend bi-weekly coordination meetings with City and project staff. This was not included in the original scope of work and this budget augment includes attendance at these bi-weekly meetings. This includes meetings already attended by LSA transportation staff and future meetings to be attended. Biweekly meetings are continually scheduled until completion of the project. - 5 -
EXHIBIT "B-1"
SCHEDULE OF COMPENSATION
COl2001
City of lrwlndale ~
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:ii ~! ~ - :;: i!. Total LSA Fees
Speedway Commerce Center SPEIR
5%
L3 Cumulative Pro'ects 2.00 32.00 34.00
_!;,L-.f.~ttnms Safety Analysis
1.S Traffic Model Update
~·-~..:£0,,,_ ___ , 8.00 28.00
66.00 36.00
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IZJCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: December 14, 2022
City if
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1H
Issue: Request to Approve the Amended and Restated Project Reimbursement Agreement between the City and Irwindale Industrial, LLC ("Applicant") for city and consultant costs associated with a proposed industrial/commercial business park to be located at 500 Speedway Drive [APNs]: 8532-004-022, 8532-004-026, and 8532-004-025.
City Manager's Recommendation:
That the City Council approve the attached Amended and Restated Project Reimbursement Agreement with Irwindale Industrial, LLC for the reimbursement of city and consultant costs associated with the proposed industrial/commercial business park to be located at 500 Speedway Drive [APNs]: 8532-004-022, 8532-004-026, and 8532- 004-025.
Administrative Action:
Prepared & Submitted by:
Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
BACKGROUND
On January 27, 2020, Irwindale Outlet Partners, LLC, the original project applicant, submitted applications to prepare a Specific Plan to develop an industrial/commercial business park with eleven (11) light industrial and flex commercial buildings ("Irwindale Commerce Center Specific Plan Project") or ("Project") for the property located at 500 Speedway Drive ("Property"). As part of the original application, on October 28, 2020, the City and Irwindale Outlet Partners, LLC entered into a Project Reimbursement Agreement to provide for the reimbursement of the City by Irwindale Outlet Partners, LLC, for certain expenses to be incurred by City in undertaking review of the Project.
On September 15, 2022, the property was sold to Irwindale Industrial, LLC and all pending entitlement applications for the Property, including, without limitation: (a) the Speedway Commerce Center Specific Plan; (b) zone change application to rezone the Property from the existing "Heavy Commercial (C2)" zoning designation to a "Specific Plan" designation; (c) a general plan amendment in order to change the existing land use designation from "Commercial/Recreation" to "Speedway Commerce Center Specific Plan"; (d) a tentative parcel map in order to amend and reorganize the parcels as set forth in the Speedway Commerce Center Specific Plan; and (e) a zoning ordinance amendment in order to ensure consistency between the zoning ordinance and the Speedway Commerce Center Specific Plan (collectively, and with all other pending entitlement, approval, submittals, and permit applications for the Property, the "Applications") were assigned. Irwindale Industrial, LLC is the new owner/applicant/developer. The new owner is continuing the application process for the Irwindale Commerce Center Specific Plan project.
As part of processing the Project Applications Staff retained LSA Associates, Inc. to perform the environmental services for the Project. Amendment No. 1 to the contract with LSA Associates, Inc. for additional services is being considered separately by the City Council.
The LSA contract and its amendment will be funded through the subject Amended and Restated Project Reimbursement Agreement which is attached for consideration. The Amended and Restated agreement reflects the Property Ownership change and increased deposit amounts, due to additional consultant services needed. Further, the subject Amended and Restated Project Reimbursement Agreement will reimburse the City for any other fees incurred from other consultants and attorneys as the City may require to process and negotiate permits, entitlements and proposed conditions of approval of the proposed project.
FISCAL IMPACT
The City's General Fund will not be impacted. The Applicant will provide a deposit of $54,572.00 to cover 100% of the additional cost for this consultant work.
ATTACHMENT
A - Amended and Restated Project Reimbursement Agreement Amended & Restated
Project Reimbursement Agreement
500 Speedway Page 2
ATTACHMENT "A"
AMENDED AND RESTATED
PROJECT REIMBURSEMENT AGREEMENT
THIS AMENDED AND RESTATED PROJECT REIMBURSEMENT
AGREEMENT (this "Agreement") is made as of December 14, 2022, by and between the City of Irwindale, a California municipal corporation ("City"), and Irwindale Industrial, LLC, a Delaware limited liability company ("Developer").
RECITALS
A. On January 27, 2020, Irwindale Outlet Partners, LLC, the original project applicant, submitted applications to prepare a Specific Plan to develop an industrial/commercial business park with eleven (11) light industrial and flex commercial buildings ("Irwindale Commerce Center Specific Plan Project" or "Project") for the property located at 500 Speedway Drive ("Property"). As part of the original application, on October 28, 2020, the City and Irwindale Outlet Partners, LLC entered into a Project Reimbursement Agreement to provide for the reimbursement of the City by Irwindale Outlet Partners, LLC, for certain expenses to be incurred by City in undertaking review of the Project.
B. On September 15, 2022, the Property was sold to Irwindale Industrial, LLC ("Developer") and all pending entitlement applications for the Property, including, without limitation: (a) the Speedway Commerce Center Specific Plan; (b) zone change application to rezone the Property from the existing "Heavy Commercial (C2)" zoning designation to a "Specific Plan" designation; (c) a general plan amendment in order to change the existing land use designation from "Commercial/Recreation" to "Speedway Commerce Center Specific Plan"; (d) a tentative parcel map in order to amend and reorganize the parcels as set forth in the Speedway Commerce Center Specific Plan; and (e) a zoning ordinance amendment in order to ensure consistency between the zoning ordinance and the Speedway Commerce Center Specific Plan (collectively, and with all other pending entitlement, approval, submittals, and permit applications for the Property, the "Applications") were assigned to Developer. The Developer is continuing the application process for the Irwindale Commerce Center Specific Plan Project and all Entitlement Applications.
C. The parties therefore desire to enter into this Amended and Restated Project Reimbursement Agreement for the Irwindale Commerce Center Specific Plan Project.
D. Pursuant to California Environmental Quality Act ("CEQA"), the Project must be reviewed by City for potential additional environmental - 1 -
impacts. Environmental analysis is required under the California Environmental Quality Act (CEQA) for land use entitlements. An Initial Study will be prepared, as part of the preparation of an Environmental Impact Report (EIR) for the Project. City will retain the services of outside consultants due to the nature and scope of the Project.
E. City and Developer agreed to enter into this Agreement to provide for the reimbursement of City by Developer for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.
F. City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer's application for the Project, the preparation of the EIR for the Project and the reimbursement of the costs associated therewith.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Application Processing.
City shall diligently process Developer's application for the Project in compliance with applicable laws, and shall cause to be prepared an EIR for the Project in compliance with the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto. Developer acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Developer's application.
2. Payment.
A. Developer agrees to reimburse City in full for all costs and expenses incurred by City (a) pursuant to the agreement for contract services (the "Consultant Agreement") between City and LSA, Inc. ("CEQA Consultant"), the consultant selected by City to prepare the environmental documents necessary for the Project; (b) pursuant to any contract (collectively, the "Contracts") between City and other consultants and attorneys (collectively, the "Additional Consultants") as City may require to process and negotiate permits, entitlements and proposed conditions of approval of the Project, (collectively, the "Expenses").
B. Pursuant to the original Project Reimbursement Agreement, Irwindale Outlet Partners, LLC paid to City a lump sum deposit in the amount of THREE HUNDRED - 2 -
AND FIFTY NINE THOUSAND AND NINE HUNDRED AND TWENTY TWO DOLLARS ("Initial Deposit"), which was transferred to Developer's name along with the sale of the Property. The City's best estimate of Developer's ultimate obligation hereunder with respect to the Expenses incurred on the Project is the amount of THREE HUNDRED
AND NINETY FOUR THOUSAND AND FOUR HUNDRED AND NINETY FOUR DOLLARS ($394,494.00). Developer shall pay to the City a lump sum deposit of the outstanding balance of FIFTY FOUR THOUSAND, FIVE HUNDRED AND SEVENTYTWO DOLLARS ($54,572.00) ("Second Deposit") within five (5) days of the City's approval of this Agreement.
C. If City subsequently determines that the Deposits described in Section 2(8) of this Agreement are insufficient, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Developer shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each a "Supplemental Deposit"). If Developer does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to City, work on the EIR shall be suspended until the applicable Initial or Supplemental Deposit is made to City.
D. City shall provide Developer with a monthly accounting of City's use of the Deposits to pay Expenses within a reasonable lime after the end of each calendar month during the term of this Agreement.
E. City shall promptly refund to Developer any amount of Developer's Deposits that remain unexpended at the end of the Project as well as provide Developer with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Developer has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Pgte1at
F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.
3. Abandonment of Project. This Agreement does not constitute a commitment by Developer to proceed with the Project and Developer may choose - 3 -
to not proceed with the Project at any time for any or no reason whatsoever. If Developer should abandon the Project prior to a final decision on its application by City, then Developer may give written notice of such abandonment to City and City shall immediately suspend preparation of the EIR and all other aspects of the environmental review for the Project.
4. Conflicts of Interest.
A. During the existence of City's contract with the CEQA Consultant, and for a period of one ( 1) year after final resolution of Developer's application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Developer propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.
B. Developer makes the following warranties for the 12 month period preceding the submission of its application for the Project. Developer warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents or employees. Developer further warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 etseq.).
C. The parties acknowledge and agree that processing of Developer's application for the Project is not contingent on the hiring of any specific contractor.
D. The parties acknowledge and agree that Developer's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.
E. Neither Developer nor its officers, employees or agents shall communicate with the CEQA Consultant or any Additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.
5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Developer shall have a reasonable time thereafter within which to review and provide comments to and consult with City on - 4 -
such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Developer shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Developer has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the EIR Consultant pursuant to the Consultant Contract without obtaining Developer's prior consent.
Upon the execution of (i) the Consultant Contract and any amendments thereto by EIR Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Developer's obligations with respect to such executed Consultant Contract and Contracts (each as amended) will be governed by the terms and conditions of this Agreement.
6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
City:
City of Irwindale
·Attention: Chief Deputy City Clerk
5050 N. Irwindale Ave.
Irwindale, CA 91706
Developer:
Irwindale Industrial, LLC
Attention: David Mgrublian, Managing Director
515 S. Figueroa Street, 161h Floor
Los Angeles, CA 90071
7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.
- 5 -
8. Hold Harmless. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Developer of its obligations under this Agreement and the preparation by the City of the EIR for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.
9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.
10. Time of the Essence. Time 1s of the essence of each and every provision of this Agreement.
11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.
12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.
Further Assurances. Each party, at the request of the other, shall execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
- 7 -
CITY OF IRWINDALE, a municipal
corporation
Larry G. Burrola, Mayor
"DEVELOPER":
Irwindale Industrial, LLC, a Delaware
limited liability company
515 S. Figueroa Street, 161h Floor
Los Angeles, CA 90071
By: ____________ _
Name: David Mgrublian
Title: Managing Director
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public, personally appeared who
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 8 -
IZICity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: December 14, 2022
Cityo/
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 11
Issue: Request to appropriate additional funds, waive formal bidding and approve the purchase of a new replacement vehicle for the Community Development Department.
City Manager's Recommendation:
That the City Council adopt Resolution No. 2022-122-3372 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE
APPROPRIATION OF ADDITIONAL FUNDING FOR AND THE PURCHASE AND
OUTFITTING OF ONE REPLACEMENT VEHICLE FOR THE COMMUNITY
DEVELOPMENT DEPARTMENT AND WAIVING FORMAL BIDDING PROCEDURES PER IRWINDALE MUNICIPAL CODE SECTION 3.44.0SO(F)."
Administrative Action:
Submitted by:
Marilyn Simpson, AICP
Community Development Director
(626) 430-2209
Prepared by:
Jeff Tyler, Senior Code Enforcement Officer
(626) 430-2270
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
BACKGROUND AND ANALYSIS
The Community Development Department is seeking approval of a resolution for appropriating additional funding for the purchase and outfitting of one (1) new 2023 Dodge Ram 1500 Classic Pickup to replace the originally approved purchase and outfitting of one (1) new 2022 Dodge Ram 1500 Classic Pickup. The purchase and outfitting of the new 2022 Dodge Ram 1500 Classic Pickup was approved on March 9, 2022, by the City Council in the Joint Resolution No. 2022-15-3265/HA 2022-03-113 and the pricing for the truck was $41,457.00. The manufacturer cancelled production of the approved 2022 Dodge Ram 1500 Classic Pickup on September 28, 2022 due to parts shortages.
The approved purchase and outfitting amount for the 2022 Dodge Ram 1500 Classic Pickup was $41,457 .00 and in order to purchase a replacement vehicle the appropriation of additional funding is necessary. The cost for the purchase and outfitting of one (1) new 2023 Dodge Ram 1500 Classic Pickup is $49,790.00. The Community Development Department is seeking City Council approval of the appropriation of an additional $7, 142.00 to purchase the replacement vehicle.
The costs associated with outfitting the vehicle for City use includes safety lighting as needed by the department.
As originally approved, the vehicle proposed to be purchased for the Community Development Department will be funded by the General Fund and the Mining Impact Fund as it will be used by City staff to do required code enforcement inspections, planning inspections, oversee mining operations, including mining site visits, performing required SMARA inspections, performing routine inspections in the mining impacted areas, and attending meetings at various State and County agencies.
Irwindale Municipal Code section 3.44.080(f), outlines that bidding may be dispensed with when a purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the State of California or by the federal government within the previous three hundred sixty-five days (one year).
The vehicle proposed to be purchased falls within this municipal code section. National Auto Fleet Group was awarded contract #091521-NAF from Sourcewell (formerly known as NJPA), based off a formal bid procedure. The vehicle proposed to be purchased is eligible under this contract. Wondries Fleet Group - a member of the National Auto Fleet Group, is offering Irwindale this model at the national government multi-year contract price. This bidding procedure and cost break is available for the City of Irwindale to utilize per IMC 3.44.080(f).
FISCAL IMPACT
On March 9, 2022, the City Council approved $7 4,200 ($37, 100 General Fund + $37, 100 Mining Fund) for the purchase of two vehicles for the Community Development Department as part of the Fiscal Year 2020-2021 Mid-Year process.
On October 30, 2022, the first vehicle was delivered to the City for a total cost of $31,552.47. This purchase reduced the remaining budget balance to $42,647.53. To acquire the second vehicle costing $49,789.19, an additional appropriation of $7,142 is needed.
The adoption of Resolution No. 2022-122-3372, authorizes: 1) The budget and purchase orders to be carried forward to Fiscal Year (FY) 2022-2023, 2) Amend FY 2022-2023 Adopted Budget by appropriating an additional $7, 142 ($3,571 from General Fund's Capital Asset Replacement reserve account (01-00-000-29020-0000) + $3,571 from Mining Impact Fund reserve account (13-00-000-29030-0000) into respective Vehicle accounts (01-51-512-44400-0000 and 13-51-530-44400-0000) separately.
ATTACHMENTS
A - Resolution 2022-122-3372
B- Joint Resolution No. 2022-15-3265/HA 2022-03-113
C - 2022 Dodge Ram 1500 Order Cancellation
D - National Auto Fleet Group 2023 Truck Quote
Page3
Attachment A
RESOLUTION NO. 2022-122-3372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING THE APPROPRIATION OF ADDITIONAL FUNDING FOR AND THE
PURCHASE AND OUTFITTING OF ONE REPLACEMENT VEHICLE FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT AND WAIVING FORMAL BIDDING PROCEDURES PER IRWINDALE MUNICIPAL CODE SECTION 3.44.080(F).
WHEREAS, the Community Development Department, received approval by the City Council in the Joint Resolution No. 2022-15-3265/HA 2022-03-113 on March 9, 2002 for the purchase and outfitting of one (1) new 2022 Dodge Ram 1500 Classic Pickup. The manufacturer cancelled production of the approved 2022 Dodge Ram 1500 Classic Pickup on September 28, 2022 due to parts shortages; and
WHEREAS, staff is requesting replacing the one (1) previously approved vehicle with a similar model, one ( 1) new 2023 Dodge Ram 1500 Classic Pickup; and WHEREAS, the approved purchase and outfitting amount for the 2022 Dodge Ram 1500 Classic Pickup was $41,457.00 and in order to purchase a replacement vehicle an appropriation of additional funding is necessary. The cost for the purchase and outfitting of one (1) new 2023 Dodge Ram 1500 Classic Pickup is $49,790.00.
The Community Development Department is seeking City Council approval of additional funding of $7, 142.00 for the purchase of the replacement vehicle; and WHEREAS, the Community Development Department is seeking City Council approval to purchase and outfit the replacement vehicle, one (1) new 2023 Dodge Ram 1500 Classic Pickup for $49,790.00; and
WHEREAS, originally approved, the vehicle proposed to be purchased for the Community Development Department will be funded by the General Fund and the Mining Impact Fund; and
WHEREAS, Irwindale Municipal Code Section 3.44.080 (f) states that the City Council may dispense with bidding when, "through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained; and
WHEREAS, staff proposes to purchase the vehicles by a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3); and Resolution No. 2022-122-3372
WHEREAS, education and government entities, as well as nonpublic schools and nonprofit organizations, may participate with Sourcewell as a participating agency for cooperative purchases; and
WHEREAS, the selection of National Auto Fleet Group was made based on its award of contract 091521-NAF from Sourcewell on August 3, 2020 and quotes obtained by staff; and
WHEREAS, the City Council now desires to dispense with formal bidding procedures pursuant to IMC section 3.44.080(f), authorize the issuance of a purchase order to, and execution of a purchase agreement with, National Auto Fleet Group for the purchase of one (1) Community Development Department vehicle.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby finds that a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3), is authorized pursuant to Irwindale Municipal Code Section 3.44.080 (f) because the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency.
SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase of one (1) 2023 Ram 1500 Classic Crew Cab Pick Up 4X2 W/6.5-foot bed pursuant to Irwindale Municipal Code Section 3.44.080 (f), and authorizes the issuance of a purchase order for the same.
SECTION 4. The City Council hereby authorizes the vehicles' budget and purchase orders be carried forward to Fiscal Year 2022-2023, and appropriates $7, 142.00 from the General Fund Capital Asset Replacement (50%) and the Mining Impact Fund (50%) reserve accounts to fund the purchase of one (1) 2023 Ram 1500 Classic Crew Cab Pick Up 4X2 W/6.5-foot bed vehicle.
SECTION 5. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into a purchase agreement with National Auto Fleet Group, in the amount of $49,790.00, for the purchase of the one (1) 2023 Ram 1500 Classic Crew Cab Pick Up 4X2 W/6.5-foot bed vehicle. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.
Resolution No. 2022-122-3372
SECTION 6. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 14th day of December 2022.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-122-3372 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 141h day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-122-3372
RESOLUTION NO. 2022-15-3265
RESOLUTION NO. HA 2022-03-113
Attachment B
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AND THE IRWINDALE HOUSING AUTHORITY BOARD APPROVING
ADJUSTMENTS TO THE BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, the City Council of the City of Irwindale adopted its FY 2021-2022 Budget on June 23, 2021 pursuant to Ordinance No. 757; and WHEREAS, the Irwindale Housing Authority Board adopted its FY 2021-2022 Budget on June 9, 2021 pursuant to Resolution No. HA 2021-03-102; and WHEREAS, the City Council and the Housing Authority Board have completed the review of the revenues and expenditures at the midterm of the fiscal year and desire to approve the recommended budget adjustments as itemized on Exhibit A attached hereto {"Proposed Budget Adjustments").
NOW, THEREFORE, the City Council of the City of Irwindale and the \rwinda\e Housing Authority, resolve, determine and order as follows:
1. That the Proposed Budget Adjustments, attached hereto as Exhibit "A" for the City of Irwindale and the Irwindale Housing Authority, are appropriate and hereby approved.
2. This resolution shall be effective upon adoption.
3. The Chief Deputy City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 9th day of March 2022.
Resolution No. 2022-15-3265
Resolution No. HA 2022-03-113
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale/Chief Authority Assistant Secretary of the Irwindale Housing Authority, do hereby certify that the foregoing Joint Resolution No. 2022-15-3265 I HA 2022-03-113 was duly and regularly passed and adopted by the City Council of the City of Irwindale and Irwindale Housing Authority Board at the regular meeting held on the gth day of March 2022, by the following vote:
AYES: Councilmembers: Ambriz, Breceda, Garcia, Ortiz, Mayor I Chair Burrola NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Resolution No. 2022-15-3265
Resolution No. HA 2022-03-113
Page2
L ur Nieto, MMC
C i f Deputy City Clerk
Chief Authority Assistant Secretary
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Jeff T ler
From:
Sent:
To:
Subject:
[email protected]
Wednesday, September 28, 2022 12:16 PM
Randy Silva; Jeff Tyler; Jesus J. Hernandez
FW: 22MY Rarn 1500 (DS) Unbuildable Units PO 6925
Attachment C
CAUTION: This email originated from outside of the City. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Randy, I was just informed by Ram they are cancelling your order for the 2022 Ram 1500 Classic, see below information.
I can requote as a 2023 model later next month when pricing comes available.
Please advise if you would like me to cancel the PO or requote as a 2023 model.
Kevin
Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
Wondries Fleet Group
714-264-1867 Cell
626-457-5590 Ofc
[email protected]
From: ANJAIL MITCHELL <[email protected]>
Sent: Wednesday, September 28, 2022 9:49 AM
To: [email protected]
Subject: 22MY Ram 1500 (DS) Unbuildable Units
Good Morning Kevin,
Unfortunately, due to continued parts shortages and plant downtimes, we will not be able build all the 22MY Ram 1500 DS models that have been submitted nor will we be able to price protect those that are cancelled.
While the plant has not yet completed its build out it is highly unlikely that any 22MY Ram 1500 DS order currently in BG status will get built.
Please see below units your dealer currently has on order. I created a "Building" column and identified those units that I am confident will not be built as "No - Being Cancelled" and those that have a chance as "Coded for build but may not be". When I receive a final list from HQ I will be sure to communicate all units that will NOT be built.
You will not need to take any action in the ordering system. The actual cancelations will be performed by our Fleet Business Relations Department once the final list has been identified.
Order banks for DS Models is estimated to open sometime in October with estimated production timing of December/ January.
1 I apologize for the inconvenience this may cause and don't hesitate to contact me should you have additional questions.
-112~1~t1u1~ -:,; ip2Jf1stp1.r ---~-1-:mr!ltJttfflmi ~ s~-w-nw.rmffi-.-J.Pf\il~ -- T ''·'~I . . ~ County ofYolo, t:alifo!llia .... County ofYOI(), Calif()rnia DS6L41 1500 TRADESMAN QUAD CAB 4X4 54521 P'.'.--------- CITY OF CLOVIS, CALIFORNIA CITY OF CLOVIS, CALIFORNIA DS1L41 1500 TRADESMAN QUAD CAB 4X2 5450: . ______ ,.,. ________ .., _______ ~_,,,_,,_ - -- ----------- -- -- - -- -- --·-·-- - -- ----· - - -----------·----·- -~------- -- - ----------··- -- --------·--.. ·--·------------------------ _JP'. _______ _ . lt"\'Jindale, Calif()rniiJ, City of lt"\'Jindale, CaliforniiJ,City()f DS!L41 1500 TRADESMAN QUAD CAB 4X2 5443:
. IJJiJ5hinj!tonStatE'[).5.':l.5 IJ,/;is_hingtonState[).SfjS ...... [).56..~~ .. . IJ,/;ishingtonState[).SfjS Washington State DSHS
ls~~o;;i~i:~~~ty··············
:[s;inQi;Jiocounty ..
Regards,
ANJAIL MITCHELL
FLEET SALES
. IJJashington State DSHS
.1JJa.s~ingt_o11state[)SHS.
.. .san Dieg(J County
Government Sales Manager - West Region
DS6L98
DS6L98
DS6H98
DS6H98
(AK, CA, GU, HI, ID, MT, ND, NE, NV, OR, SD, WA, WY)
Mobile : +1 331 262 1252
anjail. m itchell@stel lantis. com
1500 TRADESMAN CREW CAB 4X4 -- -- --- . _'" _____ ,, ___ .., _____ --------------------- )'.'.--------- 1500 TRADESMAN CREW CAB 4X4 5441!
· 1500 TRADESMAN CREW CAB 4X4
1500 SLT CREW CAB 4X4
1500 SLT CREW CAB 4X4 ,..--------5285!
CONFIDENTIALITY NOTICE: The information contained with this transmission are the private, confidential property of the sender, and the material is privileged communication intended solely for the individua/(s) indicated_ Do not disseminate without permission of the sender. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution or the taking of any other action relevant to the contents of this transmission are strictly prohibited. ff you have received this transmission in error, please contact the sender by reply email and destroy af/ copies of the original message.
2 National Auto Fleet Group A Division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (855) BUY-NJPA • (831) 480-8497 Fax
Fl eet@N atio n a !Auto Fl eetG ro up. com
November 15, 2022
Mr. Randy Silva
City ofirwindale
5050 N Irwindale Blvd
Irwindale, Ca 91706
Delivery Via Email
Dear Mr. Silva,
In response to your inquiry, we are pleased to submit the following for your consideration:
Attachment D
National Auto Fleet Group will sell, service and deliver at Irwindale, new/unused 2023 Ram 1500 Classic Crew Cab Pick Up 4X2 W/6.5-foot bed, responding to your requirement with the attached specifications for $ 41,835.00 plus Upfit, State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Sourcewell (Formerly Known as NJP A) master vehicle
contract# 091521-NAF
One Unit
MSRP One Unit Total Savings Total Savings
2023 Ram 1500 Crew
Cab 2WD Classic
Dana Safety Upfit
Two Extra Keys
Sub Total
44, 960. 00 41, 835. 00
Sales Tax
Transportation
Tire Tax
Total
Delivery 120-180 days ARO
Terms are net 30 days.
2,467.89
600.00
44,902.89
4,602.55
275.00
8.75 49,789.19
6.95% 3,125.00
National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements.
Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
Wondries Fleet Group
626-656-84310 / 714-2641867 C / [email protected]
@TOYOTA
CHROME DATA National Auto Fleet Group
An Autodata Solutions Brand Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1 L91) Tradesman 4x2 Crew Cab 6'4" Box
CHROME DATA
An Autodata Solutions Brand
National Auto Fleet Group
Kevin Buzzard I 626-457-5590 OFC I [email protected] National Auto Fleet Group
Prepared By:
Kevin Buzzard
National Auto Fleet Group
626-457-5590 OFC
[email protected]
Prices, specifications, and availability are subject to change without notice. and do not include certain fees. laxes and charges that may be required by law or vary by manufaclurer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's Input is subject to the accuracy of the Input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51:00 PM PST Nov 15,2022 Pagc2
CHROME DATA
An Autodata Solutions Brand
National Auto Fleet Group
Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (081 L91) Tradesman 4x2 Crew Cab 6'4" Box (&!.Incomplete J Selected.Model and Options !Vloni:I.. · · ., -- ·· · -.
CODE
DS1L91
.COLORS
CODE
PW7
.ENGINE
MODEL
2023 Ram 1500 Classic Tradesman 4x2 Crew Cab 6'4" Box
DESCRIPTION
Bright White Clearcoat
CODE DESCRIPTION
EZH Engine: 5.7L V8 HEMI MOS VVT (STD)
TRANSMISSION
CODE DESCRIPTION
DFD Transmission: 8-Speed Automatic (8HP70) (DFD) (STD)
CPOSPKG
CODE DESCRIPTION
278 Quick Order Package 27B Tradesman -inc: Engine: 5.7L V8 HEMI MOS WT, Transmission: 8-Speed Automatic (8HP70) (DFD), Tradesman Package
AXLE RATIO
CODE DESCRIPTION
DMC 3.21 Rear Axle Ral/o (STD)
.WHEELS
CODE DESCRIPTION
WFE Wheels: 17" x 7" Aluminum
Ti RES
CODE DESCRIPTION
TTM Tires: P265/70R17 BSW AS (STD)
PRIMARY PAINT
CODE DESCRIPTION
PW7 Bright White Clearcoat
Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Perfonnance figures are guidellnes only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51:00 PM PST Nov 15, 2022 Page3
CHROME DATA
An Autodato Solutions Brand
National Auto Fleet Group
Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1 L91) Tradesman 4x2 Crew Cab 6'4" Box (A Incomplete) GVWR
CODE
Z1C
DESCRIPTION
GVWR: 6,800 lbs (STD)
ADDITIONAL EQUIPMENT• PACKAGE.
CODE DESCRIPTION
AJY Popular Equipment Group -Inc: SiriusXM Satellite Radio, SiriusXM Radio Service, No Satellite Coverage w/Hl/AK/PR/Vl/GU, For More Info, Call 800-643-2112, 2nd Row In Floor Storage Bins, Carpet Floor Covering, Rear Floor Mats, Front Floor Mats, Remote Keyless Entry w/All-Secure AED Chrome Appearance Group -inc: Bright Rear Bumper, Bright Grille, Wheels: 17" x 7" Aluminum, Bright Front Bumper
ADDITIONAL EQUIPMENT.- MECHANICAL.
CODE DESCRIPTION
DSA Anti-Spin Differential Rear Axle
XFH Class IV Receiver Hitch
XHC Trailer Brake Control
ADDITIONAL EQUIPMENT - EXTERIOR
CODE
TBB
XMF
DESCRIPTION
Full Size Spare Tire
(DISCONTINUED) MOPAR Spray In Bedliner
ADDITIONAL EQUIPMENT - ENTERTAINMENT
CODE
RSD
DESCRIPTION
SiriusXM Satellite Radio -inc: SiriusXM Radio Service, No Satellite Coverage w/HllAK/PR/Vl/GU, For More Info, Call 800-643-2112
ADDITIONAL EQUIPMENT" INTERIOR
CODE DESCRIPTION
GXM Remote Keyless Entry w/All-Secure
XCH 2 Additional Key Fobs
CKE Carpet Floor Covering -inc: Rear Floor Mats, Front Floor Mats CBS 2nd Row In Floor Storage Bins
Options Total
Prices, specifications, and availability are subject to change wllhout notice, and do not Include certain fees, laxes and charges that may be required by 1aw or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51:00 PM PST Nov 15, 2022 Pago4
CHROME DATA National Auto Fleet Group
An Autodata Solutions Brand Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1L91) Tradesman 4x2 Crew Cab 6'4" Box (Al. Incomplete} Standard Equipment
Mechanical
Exterior
Engine: 5.7L V8 HEMI MOS WT (STD}
Transmission: 8-Speed Automatic {8HP70) {DFD} {STD}
3.21 Rear Axle Ratio {STD)
GVWR: 6,800 lbs {STD)
50 State Emissions
Transmission w/Driver Selectable Mode
Rear~Wheel Drive
Heavy Duty Transmission Oil Cooler
Heavy Duty Engine Cooling
730CCA Maintenance-Free Battery
160 Amp Alternator
Engine Oil Heat Exchanger
Electronically Controlled Throttle
Class Ill Towing Equipment-inc: Hitch and Trailer Sway Control Trailer Wiring Harness
1610# Maximum Payload
HD Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
Single Stainless Steel Exhaust
26 Gal. Fuel Tank
Short And Long Arm Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/CoR Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist and Hill Hold Control Wheels: 17" x 7" Steel {STD)
Tires: P265/70R17 BSW AS (STD)
Regular Box Style
Center Hub
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Prices, specifications, and avallabil!ly are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Perfonnance figures are guidelines only, and actual perfonnance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51:00 PM PST Nov 15, 2022 PageS
CHROME DATA National Auto Fleet Group
An Autodata Solutions Brand Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1 L91) Tradesman 4x2 Crew Cab 6'4" Box (A Incomplete) Exterior
Entertainment
Interior
Clearcoat Paint
Black Front Bumper w/Black Rub Strip/Fascia Accent
Black Rear Step Bumper
Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Power Side Mirrors w/Manual Folding
Black Exterior Mirrors
Exterior Mirrors w/Heating Element
Fixed Rear Window
Variable Intermittent Wipers
Deep Tinted Glass
Galvanized Steel/Aluminum Panels
Black Grille
Active Grille Shutters
HEM! Badge
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Auto On/Off Aero-Composite Halogen Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light
Tip Start
Radio w/Seek-Scan, Clock, Voice Activation, Radio Data System and External Memory Control Radio: Uconnect 3 w/5" Display
6 Speakers
Streaming Audio
Fixed Antenna
Audio Input Jack for Mobile Devices
1 LCD Monitor In The Front
4-Way Driver Seat
4~Way Passenger Seat
Front Facing Vinyl Rear Seat
Prices, specifications, and availability are subject to change without notice, and do not include certain fees, laxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51 :00 PM PST Nov 15, 2022 PageB
C:HROMIEDATA National Auto Fleet Group
An Autodata Solutions Brand Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1L91) Tradesman 4x2 Crew Cab 6'4" Box (.Ol.lncomplete) Interior ,
Manual Tilt Steering Column
Gauges -Inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Oil Temperature, Transmission Fluid Temp, Engine Hour Meter and Trip Odometer Power Rear Windows
Rear Folding Seat
Rear Cupholder
Compass
Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
HVAC -inc: Undersea! Ducts and Console Ducts
Glove Box
Interior Trim -inc: Deluxe Sound Insulation, Metal-Look Instrument Panel Insert and Chrome/Metal-Look Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Heavy Duty Vinyl 40/20/40 Split Bench Seat
Day-Night Rearview Mirror
Mini Overhead Console and 1 12V DC Power Outlet
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Cargo Area Concealed Storage
Storage Tray
Pickup Cargo Box Lights
GPS Antenna Input
Remote USB Port - Charge Only
Remote USB Port
Integrated Voice Command w/Bluetooth
Rotary Shifter-Black
Electronic Shift
Instrument Panel Bin, Dashboard Storage, Driver I Passenger And Rear Door Bins and 2nd Row Undersea! Storage
Delayed Accessory Power
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Perfoffilance figures are guidelines only, and actual perfoITTlance may vary. Photos may not represent acrual vehicles or exact configuralions. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51 :00 PM PST Nov 15,2022 Paga7
CHROME DATA National Auto Fleet Group
An Autodata Solutions Brand Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1 L91) Tradesman 4x2 Crew Cab 6'4" Box ( & Incomplete) Interior
Safety-Mechanical
Safety-Exterior
Safety-Interior
Power Door Locks
Systems Monitor
Outside Temp Gauge
Analog Appearance
Seats wNinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Rear Center Armrest
Manual Adjust Seats
40/20/40 Split Bench Seat
Front Armrest w/3 Cupholders
Sentry Key Immobilizer
1 12V DC Power Outlet
Air Filtration
Electronic Stability Control (ESC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Airbag Occupancy Sensor
Curtain 1st And 2nd Row Airbags
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners ParkView Back-Up Camera
Prices, specifications, and availabilily are subject to change without notice, and do not include certain fees, taxes ancl charges that may be required by law or vary by manufacturer or region. Performance figures are gu!del!nes only, and actual pertormance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51 :OD PM PST Nov 15, 2022 Pase a
CHROME DATA
An Autodata Solutions Brand
National Auto Fleet Group
Kevin Buzzard I 626-457-5590 OFC I [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1L91) Tradesman 4x2 Crew Cab 6'4" Box (&Incomplete) Window Sticker
SUMMARY
[Fleet] 2023 Ram 1500 Classic (DS1l91) Tradesman 4x2 Crew Cab 6'4" Box lnterior:No color has been selected.
Exterior 1 :Bright White Clearcoat
Exterior 2:No color has been selected.
Engine: 5.7l VB HEMI MDS VVT
Transmission: 8-Speed Automatic (8HP70) (DFD)
OPTIONS
CODE
DS1l91
27B
AED
AJY
CB9
CKE
DFD
DMC
DSA
EZH
GXM
PW?
RSD
TBB
TIM
WFE
XCH
XFH
XHC
XMF
Z1C
MODEL
[Fleet] 2023 Ram 1500 Classic (DS1L91) Tradesman 4x2 Crew Cab 6'4" Box
OPTIONS
Quick Order Package 27B Tradesman
Chrome Appearance Group
Popular Equipment Group
2nd Row In Floor Storage Bins
Carpet Floor Covering
Transmission: 8-Speed Automatic (8HP70) (DFD)
3.21 Rear Axle Ratio
Anti-Spin Differential Rear Axle
Engine: 5.7L VB HEMI MDS VVT
Remote Keyless Entry w/AJl-Secure
Bright White Clearcoat
SiriusXM Satellite Radio
Full Size Spare Tire
Tires: P265/70R17 BSW AS
Wheels: 1711 x 711 Aluminum
2 Additional Key Fobs
Class IV Receiver Hitch
Trailer Brake Control
(DISCONTINUED) MOPAR Spray In Bedllner
GVWR: 6,800 lbs
Inc.
Inc.
Inc.
Inc.
Inc.
MSRP:$40,055.00
MSRP
$40,055.00
$0.00
$695.00
$875.00
$0.00
$0.00
$495.00
$0.00
$0.00
$200.00
$0.00
$195.00
$445.00
$295.00
$595.00
$0.00
Prices, specifications, and availability are subject to change without notice, and do not include certain fees, laxes and charges that may be required by law or vary by manufacturer or region. Perfonnance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51 :00 PM PST Nov 15, 2022 Pa909
CHROME DATA
An Autodata Solutions Brand
National Auto Fleet Group
Kevin Buzzard I 626-457-5590 OFC J [email protected] Vehicle: [Fleet] 2023 Ram 1500 Classic (DS1L91) Tradesman 4x2 Crew Cab 6'4" Box (Lb.incomplete)
FUEL ECONOMY
Est City:15 (2022) MPG
Est Highway:21 (2022) MPG
SUBTOTAL
Adjustments Total
Destination Charge
TOTAL PRICE
Est Highway Cruising Range:546.00 mi
$43,850.00
$0.00
$1,895.00
$45,745.00
Prices, specifications, and availability are subject to change without notice, and do not include certain fees, laxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual perfonnance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 17943, Data updated Nov 14, 2022 6:51:00 PM PST Nov 15, 2022 Page 10
0City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
D Joint Powers Authority
Date: December 14, 2022
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Issue Request For Proposals (RFP) for tow services City Manager's Recommendation:
CC Item 1J
Adopt Resolution No. 2022-120-3370 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR TOW SERVICES," waiving further reading; Administrative Action:
Prepared and Submitted by:
Robert Castro, Interim Police Chief
(626) 430-2200
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
Electronically Approved
Background and Analysis:
On October 3, 2016, the City of Irwindale issued a Request For Proposals (RFP) for official towing and storage service of vehicles. Ultimately, two towing service providers were selected in a non-exclusive agreement on November 9, 2016.
Both tow service providers entered into a three (3) year tow agreement with the City, which allowed for three (3) one (1) year extensions, expiring on January 2, 2023. Police Department management did not prepare a new RFP or request any contract extensions.
As a result, it is necessary for an emergency month to month extension of the current tow contract until a new RFP can be completed and a new tow contract be approved by the City Council.
Towing vehicles from the roadway is part of any police department's routine or normal operation. For example, disabled vehicles must be quickly removed from the street to minimize traffic hazards. Towing is also required for DUI and other instances of traffic violations. In this regard, the Irwindale Police Department is no different than other law enforcement agencies.
In accordance with the city's purchasing policy and Irwindale Municipal Code 3.44.090, staff is requesting the authorization to solicit formal bids by way of Requests For Proposals for towing services and will return to the City Council with recommendations on the selection of tow service providers. The RFP is designed to allow the Council discretion to select one or multiple providers to service the City.
Fiscal Impact:
There will be no fiscal impact to the General Fund in issuing this Request For Proposals.
Attachment:
1. Resolution No. 2022-120-3370
2. Public Notice for RFP
3. Request For Proposal
A. Proposal Certification
B. Technical Proposal - Phase 1
C. Proposer's Qualifications Statement
D. Previous Customer Reference Worksheet
E. Sample Service Agreement
F. Exhibit A- Scope of Services
RESOLUTION NO. 2022-120-3370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR TOW SERVICES WHEREAS, On October 3, 2016, the City of Irwindale issued a Request For Proposals for official towing and storage service of vehicles (RFP); and WHEREAS, Two tow companies were selected from the RFP process on November 9, 2016, and entered into a three (3) year tow agreement with the City, which allowed for three (3) one ( 1) year extensions; and
WHEREAS, The current tow agreement expired on January 2, 2020, but has been extended and all extensions will expired on January 2, 2023, requiring an emergency month to month extension to complete an RFP and award a new Police Official Tow Contract.
WHEREAS, Section 3.44.090 of the Irwindale Municipal Code provides for a formal bidding process when a purchase of supplies, services and equipment with an estimated value greater than the maximum amount set by the Purchasing Resolution or more shall be made.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:
SECTION 1. That it would be in the best interest of the City to issue a Request for Proposals for towing services pursuant to Irwindale Municipal Code subsection 3.44.090. As such, the City Council hereby authorizes the issuance of a Request for Proposals for City police tow services, attached hereto as Exhibit "A".
SECTION 2. The Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2022.
ATTEST:
Laura Nieto,
Chief Deputy City Clerk
, Mayor
Resolution No. 2022-120-3370