AMENDMENT NO. 1
TO CONTRACT SERVICES AGREEMENT FOR DESIGN
OF PLANS, SPECIFICATIONS AND ESTIMATE FOR A NEW VCP SEWER LINE EXTENSION ON ARROW HWY; P-1035
THIS AMENDMENT NO. 1 FOR CONTRACT SERVICES AGREEMENT FOR
DESIGN OF PLANS, SPECIFICATIONS AND ESTIMATE FOR A NEW VITRIFIED CLAY PIPE SEWER LINE EXTENSION ON ARROW HWY; P-1035 ("Amendment No. 1") is dated January 11, 2023, by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation ("City") and Coory Engineering, 1718 N. Neville Street, Orange, CA 92865 ("Consultant") is effective as of the 11th day of January, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated October 13, 2021 ("Agreement") whereby Consultant agreed to provide professional services for the Design of Plans, Specifications and Estimate for a New Vitrified Clay Pipe Sewer Line Extension on Arrow Hwy ("Services").
B. Pursuant to section 2.3 of the Agreement, the City requested additional scope of work and Coory Engineering was able to provide the City with a proposed scope of work to acquire title reports, create right of way acquisition deeds, provide additional surveying and pot holing services for locating underground substructures and provide alternative sewer designs based on substructure findings. Coory Engineering has provided the City with Contract Change Order Nos. 1 &2, describing the scope of work and costs.
C. City and Consultant now desire to amend the Agreement to reflect the additional requested work as outlined in Change Order Nos. 1 & 2.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (deletions shown in strikethough and additions shown in bold italics).
A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:
For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Seventy Eight Thousand and 001100 Dollars ($78,000) Fifty Thousand Eight Hundred Dollars ($50,800) ("Contract Sum"), unless additional compensation is approved pursuant to Section 2.3.
B. Exhibit "A" Scope of Services and Exhibit "C" Schedule of Compensation are hereby amended to incorporate Change Order Nos. 1 and 2, attached hereto as Exhibit "A-1."
- 1 - 01005.0006/845733.1
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
- 2 - 01005.0006/845733.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:
CITY OF IR WIND ALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:
COORY ENGINEERING
By: ______________ _
Name: Samir Khoury
Title: Owner
Address: 1718 N. Neville Street
Orange, CA 92865
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 - 01005.0006/845733.1
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 LOS ANGELES
On , 2022 before 1ne, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnnnent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: -
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S) NUMBER OF PAGES
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
01005.0006/845733.1
April 7, 2022
Mr. Luis Pimentel, E.1.T.
Assistant Engineer
Public Works Engineering
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Item#
$ 11111
Ill
:.411111
COORY ENGINEERING
CIVIL ENGINEERING & LAND SURVEYING
Project: Sewer Line Extension
15545 & 15563 Arrow Highway
Irwindale, CA
CHANGE ORDER No. I
Description
1. Reimbursable: Title Company's fees of 2 reports for use in right-of-way acquisition, paid on behalf of the city per request (without mark-uo\
2. Reimbursable: Underground Service Company's fees for substructures investigation paid on behalf of the city per request (without mark-up)
3. Additional surveying in support of substructures investigation:
Stakina for oot-holina and then survevina of the findinas
4. 2 Additional alternate designs due to found utilities and substructures obstructions, seeking the most economical construction cost
Total
Sat1Wt ?1t. ~~
Samir M. Khoury, PE
Encl.
1718 N. Neville Street, Orange, CA
Amount
$750.00
5,900.00
2,800.00
9,000.00
$18,450.00
TEL(714)202-8700 FAX(714) 202-8701
April 7, 2022
Mr. Luis Pimentel, E.l.T.
Assistant Engineer
Public Works Engineering
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Item#
$ 11111
Ill
:..11111
COORY ENGINEERING
CIVIL ENGINEERING & LAND SURVEYING
Project: Sewer Line Extension
15545 & 15563 Arrow Highway
Irwindale, CA
CHANGE ORDER No. 2
Description
1. Right-of-Way Acquisition Negotiation:
On behalf of the city, prepare enlarged exhibits, arrange for meetings with the affected property owners and/or their representatives, coordinate and negotiate acquiring additional 1 O' wide street right of way. Have deeds executed.
2. Right-of-Way Acquisition Deeds:
Analyze record information, prepare Legal Descriptions, dedication diagrams, traverse closures, and deed covers for two acquisitions.
Help taking the deeds to the recorder's office and get them recorded. ($3,000.00 per packa>ie x 2 = $6,000.00\
Total
S4'1dtt ?It. '.'<:4oww
Samir M. Khoury, PE
Encl.
1718 N. Neville Street, Orange, CA
Amount
2,750.00
$6,000.00
$8,750.00
TEL(714)202-8700 FAX (714) 202-8701
CC Item 1E
IZI City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: January 11, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Declaration of Surplus Equipment
City Manager's Recommendation:
Adopt Resolution No. 2023-03-3381 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE DECLARING CERTAIN VEHICLES AS SURPLUS,
AUTHORIZING DISPOSITION OF THE SURPLUS VEHICLES, AND CREDITING AND APPROPRIATING THE PROCEEDS"
Administrative Action:
Submitted by:
Robert Castro, Interim Police Chief
(626) 430-2234
Prepared by:
John Fraijo, Captain
Reviewed by:
Adrian Guerra, City Attorney
Electronically Approved
Electronically Approved
Electronically Approved
Kambiz Borhani, Finance Director I City Treasurer u~
Approved by:
Julian A. Miranda, City Manager
01005.0010/846204.1 Page 1
Background and Analysis:
Staff requests the Council determine as surplus equipment the listed Police and Public Works Services vehicles and authorize the City Manager or his designee to dispose of the vehicles in accordance with Irwindale Section 3.44.150 of the Municipal Code through auction or transfer to another government agency.
The fleet vehicles listed below have been retired from service. It has been the city's policy to dispose of vehicles after they have exceeded their life expectancy, reached a point where repairs are cost prohibitive or if the vehicle no longer serves a purpose. Generally, surplus vehicles are used as city pool vehicles or disposed of through a public auction service.
The vehicles to be declared surplus and disposed of are as follows (collectively, referred to as "Vehicles"):
• 2008 Blue Dodge Charger - Police Vehicle
Vehicle #137 VIN# 2B3KA43HX6H433670
• 2020 Black/White Keystone Trailer - Police COVID Trailer FEMA Trailer VIN# 4YDT27025LG102257
• 2002 Chevy Trailblazer - Project Manager for Construction Compliance Vehicle VIN#1GNDS135722171406
• 2002 Dodge Dakota - Public Works Services
Vehicle #6 VIN#1 B7GL32X425698296
• 2002 Dodge Dakota - Public Works Services
Vehicle #7 VIN#1B7FL16XX25652093
The Vehicles have mechanical needs, due to mileage and age that are cost prohibitive to repair or are no longer used for their intended purpose. The Vehicles will be disposed of in the coming weeks through an auction service provider.
Fiscal Impact:
There is no fiscal impact to the General Fund. Some proceeds will be received from the sale or scrap of these vehicles, however this amount is expected to be nominal. Any proceeds received will be credited back to the source fund used when the vehicles were purchased.
However, the 2020 Keystone Trailer was donated to the Irwindale Police Department and no City funds were used for the original purchase of the trailer. All proceeds from the sale of the.trailer will be appropriated and incorporated into the Irwindale Police Department Operating Supplies account# 01-35-353-42200-0000 for future use.
Attachment:
Resolution No. 2023-03-3381
Page2
RESOLUTION NO. 2023-03-3381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
DECLARING CERTAIN VEHICLES AS SURPLUS, AUTHORIZING DISPOSITION OF THE
SURPLUS VEHICLES, AND CREDITING AND APPROPRIATING THE PROCEEDS WHEREAS, staff requests that City Council declare as surplus a 2008 Dodge Charger Police Vehicle #137, a 2020 Keystone Trailer, a 2002 Chevrolet Trailblazer Construction Compliance Vehicle, a 2002 Dodge Dakota Vehicle #6 and a 2002 Dodge Dakota Vehicle #7 (collectively, "Vehicles") and approve the disposal of the Vehicles; and WHEREAS, the Vehicles have exceeded their life expectancy, reached a point where repairs are cost prohibitive or the vehicle no longer serves a purpose; and WHEREAS, it is the City's practice to dispose of surplus vehicles after they have exceeded their life expectancy or they reach a point where repairs are cost prohibitive as provided in Section 3.44.150 of the Irwindale Municipal Code, Disposition of Surplus Supplies and Equipment ("IMC 344.150); and
WHEREAS, Irwindale Municipal Code section 3.44.150(B) provides that: "Such items so declared to be surplus shall be offered for sale on a competitive bid basis. Bids may be solicited by written request, telephone, fax machine or by public auction, by use of an auction service, by advertisement in any newspaper or magazine, or by any combination of such methods the Irwindale Municipal Code Section 3.44.150 authorizes the sale, auction or transfer for surplus property to another government agency."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby declares the following vehicles as surplus in the best interest of the City, as provided in Irwindale Municipal Code section 3.44.150:
1. 2008 Blue Dodge Charger - Police Vehicle
Vehicle #137 VIN# 2B3KA43HX6H433670
2. 2020 Black/White Keystone Trailer - Police COVID Trailer FEMA Trailer VIN# 4YDT27025LG102257
3. 2002 Chevy Trailblazer - Project Manager for Construction Compliance Vehicle VIN#1GNDS135722171406
4. 2002 Dodge Dakota - Public Works Services
Vehicle #6 VIN#1B7GL32X425698296
5. 2002 Dodge Dakota - Public Works Services
Vehicle #7 VIN#1B7FL16XX25652093
SECTION 2. Pursuant to Paragraph B of IMC 344.150, the City Council hereby authorizes the City Manager to dispose of the surplus property, including to send the Vehicle to the City's 01005.0010/846218.1 Resolution No. 2023-03-3381
contracted auction service provider for public auction or to be scrapped, in accordance with Irwindale Municipal Code section 3.44.150.
SECTION 3. Any proceeds from the disposition of the property shall be credited back to the source fund used when the vehicles were purchased. Proceeds from the sale of the 2020 Keystone Trailer shall be deposited into Miscellaneous Revenue Fund. All proceeds from the sale of the trailer are hereby appropriated and incorporated into the Irwindale Police Department Operating Supplies account #01-35-353-42200-0000 for future use. City staff are hereby authorized to take all steps reasonably necessary to carry out the intent and effect of this Resolution.
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 11th day of January 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-03-3381
H. Manuel Ortiz, Mayor
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-03-3381 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 11th day of January 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
01005.0010/846218.1
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-03-3381
ISi City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: January 11, 2023
O!yoj'
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1F
Issue: Amended and Restated Caltrans Landscape Maintenance Agreement City Manager's Recommendation:
That the City Council authorize the Mayor and City Manager to execute an Amended and Restated Landscape Maintenance Agreement between the City of Irwindale and the California Department of Transportation (Caltrans).
Administrative Action:
Submitted & Prepared by:
Elizabeth Rodriguez, Public Services Director
(626) 430-2211
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director/City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Electronically Approved
1. The Park at Live Oak Project, located immediately south of Arrow Highway, west of Interstate 605 (1-605), and northwest of Live Oak Avenue, proposes the development of a 78.3-acre site over 10 years. The project will be fully funded by the Developer, including all off-site improvements. On December 18, 2019, the City of Irwindale Planning Commission adopted various resolutions recommending the City Council certify the Environmental Impact Report, Zoning Code, Zoning Designations, Tentative Parcel Map, and the Development Agreement for the Park at Live Oak Project.
01005.0006/845707.1 Page 1
2. The Park at Live Oak Specific Plan was introduced for the first reading at the February 12, 2020, City Council Meeting to certify the Environmental Impact Report, MMRP, Statement of Overriding Considerations, the Tentative Parcel Map, and introduce various ordinances adopting the Zoning Codes, Zoning Designations/Map, and the Development Agreement.
3. On February 26, 2020, the City Council adopted the required ordinances for the Park at Live Oak Specific Plan, amendments to the zoning designations and the zoning map, and approved the development agreement for this project.
4. As part of the process and included in Exhibit "C" of the Development Agreement, the Developer is required to construct a 10-foot wide meandering sidewalk/landscaped parkway along the Project's frontage of Live Oak Avenue and Arrow Highway. Approximately 400' of the meandering sidewalk and landscaped area on Arrow Highway is located in the California Department of Transportation's (Caltrans) jurisdiction. Additionally, a portion of the median island on Live Oak Avenue just west of the 1-605 Freeway is also located in Caltrans' jurisdiction. This area will be constructed with concrete and a strip of cobblestone surrounding the concrete. As such, the City of Irwindale approved a Landscape Maintenance Agreement with Caltrans identifying these improvements and committed to maintaining these areas in the future at its September 22, 2021, City Council Meeting.
5. After the approval of the Landscape Maintenance Agreement, Caltrans informed City Staff that a revision to the agreement is required to include a tubular steel fence as stated in Chapter 4: Design Guidelines outlined in The Park @ Live Oak's Specific Plan. The developer is proposing to remove the existing chain link fence that begins in the City of Irwindale Right-of-Way and continues through Caltrans Right-of-Way and replace it with tubular steel fencing along Arrow Highway. Thus an amended landscape agreement is required.
Fiscal Impact:
There is a cost associated with maintaining these areas, which Staff is unable to determine at this time. The areas will be added to the Public Services Department budget under street maintenance for Fiscal Year 2023/2024.
Attachment(s):
1. Amended and Restated Landscape Maintenance Agreement between the City of Irwindale and the California Department of Transportation, including the Landscape Plans Identifying Caltrans Jurisdiction (Exhibit A) Page2
January l l, 2023
Park at Live Oak Project Public Right-of-Way
(Maintenance Only), City of Irwindale
AMENDED AND RESTATED LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE
CITY OF IRWINDALE AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION THIS AGREEMENT is made effective this 1 ]th day of January 2023, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Irwindale hereinafter referred to as "CITY", and collectively referred to as "PARTIES".
1. On or about September 22, 2021, the PARTIES entered into a Landscape Maintenance Agreement for the Park at Live Oak Project Public Right of Way. An amendment to the Landscape Maintenance Agreement is required to include a tubular steel fence as stated in Chapter 4: Design Guidelines outlined in The Park @ Live Oak's Specific Plan. Thus, the PARTIES desire to enter into this Amended and Restated Landscape Maintenance Agreement Between the City of Irwindale and The California Department of Transportation, hereinafter referred to as "AGREEMENT".
2. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE's right of way by Encroachment Permit dated ----
3. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation systems, hardscaping including cobblestone and concrete, tubular steel fencing, mulch, control, litter, weed abatement, sidewalks, and signage (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 1-605, as shown on Exhibit A, attached to and made a part of this Agreement.
4. Maintenance responsibilities include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A."
5. The degree or extent of MAINTENANCE to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
6. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of MAINTENANCE responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement.
6.1. The new exhibit can be executed only upon written consent of the PARTIES 01005.0006/845704.1
hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
7. CITY agrees, at CITY expense, to do the following:
7.1. CITY may install, or contract with a licensed contractor with appropriate class of license in the State of California to install, and thereafter MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) preapproved by STATE.
7.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards.
7.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way.
7.2.2.An Encroachment Permit may be required prior to the start of any work within STATE's right of way.
7.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.
7.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
7.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
7.3.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.
7.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.
7.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
01005.0006/845704.1 2
7.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA 17) to the STATE to: District 7 Maintenance Office at 120 South Spring Street, Los Angeles, CA 90012.
7.7. To ensure LANDSCAPING provides an acceptable walking and riding surface, and provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.
7.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
7.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.
7.10. To MAINTAIN the tubular steel fencing in good condition acceptable to the STATE.
8. STATE may provide CITY with a minimum 30 days' notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY /County from maintenance responsibilities assumed under this Agreement.
9. STATE shall Issue encroachment permits to CITY and CITY'S contractors at no cost to them.
10. LEGAL RELATIONS AND RESPONSIBILITIES:
10.1. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.
10.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to th~ satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said ST ATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to 01005.0006/845704.1 3
CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
10.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
10.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
10.5. PREVAILING WAGES:
10.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section l 720(a) ( 1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
10.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section l 720(a) (1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
11. INSURANCE - SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and 01005.0006/845704.1 4
employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self- insurance letter ("Letter of Self-Insurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the location as depicted in EXHIBIT A.
CITY /COUNTY shall deliver to STATE the Letter of Self- Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
11. l. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY /COUNTY's contractor(s), CITY /COUNTY shall require its contractor(s) to maintain insurance in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
12. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds tor a Notice of Termination by STATE.
13. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
14. SUPERSEDES PRIOR AGREEMENTS. This AGREEMENT shall supersede and replace all prior agreements between the PARTIES concerning the subject matter of this AGREEMENT, whether written or oral, including but not limited to, the September 22, 2021 Landscape Maintenance Agreement between the PARTIES.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
SIGNATURES ON NEXT PAGE
01005.0006/845704.1 5
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF IRWINDALE
By:---------
Mayor H. Manuel Ortiz
Initiated and Approved
By: __________ _
Julian A. Miranda, City Manager
AITEST:
By:---------
Laura M. Nieto, MMC Chief
Deputy City Clerk
By: __________ _
Adrian R. Guerra, City Attorney
01005.0006/845704.1
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: _________ _
TOKS OMISHAKIN
Director of Transportation
By: _________ _
Deputy District Director
Maintenance District
6 EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
01005.0006/845704.1
EXHIBIT B - LETTER OF CERTIFICATE
CITY OF IRWINDALE STATEMENT OF SELF INSURANCE
CALTRANS DISTRICT 7
DIVISION OF TRAFFIC OPERATIONS
OFFICE OF PERMITS
ATTN: DARA LOEUNG, PE
CITY OF IRWINDALE
Department of Finance
JULY 29, 2021
RE: Statement of Self Insurance for CITY OF IRWINDALE Related to Landscape Maintenance Agreement with State of California Department of Transportation ("STATE") for the Live Oak Avenue and Arrow Highway along Highway 1-605 Freeway in the City of Irwindale
Dear Caltrans Representative:
The purpose of this letter is to certify that the CITY is self-insured and self- funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section
10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
Kambiz Borhani
Finance Director
01005.0006/845704.1 1
Route and
PM
Route and
PM
01005.0006/845704.1
EXHIBITC
TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY OF IRWINDALE
JULY 29, 2021
BASIS OF COST DISTRIBUTION
State-Owned and
Maintained Billed by the State
Location Type of Cost Distribution
Location
Facilitv
State
Utility-Owned and Maintained
Billed by the State
Type of
Facilitv
State
I
CITY
Cost Distribution
CITY
EXIDBITD
(Individual maintenance items that are not provided for in the body of the Agreement.)
N/A
01005.0006/845704.1 1
CC Item 3A
IT<JCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: January 11, 2023
City if
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A Miranda, City Manager
Issue: Proposed Use of Community Development Block Grant Allocation for Fiscal Year 2023-2024
City Manager's Recommendation:
That the City Council:
Adopt Resolution No. 2023-01-3379, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE APPROVING THE PROPOSED USE OF THE CITY'S FISCAL YEAR 2023-2024 LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION," reading by title only and waving further reading thereof:
Administrative Action:
Submitted by:
Kambiz Borhani, Finance Director/City Treasurer
(626) 430-2221
Prepared by:
Claudia Carlos, Finance Analyst
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director/City Treasurer
Approved by:
Julian A Miranda, City Manager
Background and Analysis:
1) The Community Development Block Grant (CDBG) Program is funded directly by the federal government's Department of Housing and Urban Development (HUD}, whose objectives include the development of suitable living environments. The amount of the CDBG grant to each participating city is allocated based upon population. Due to the City of lrwindale's very low population, its annual CDBG allocations are relatively low. In Fiscal Year (FY) 2023-2024, the CDBG grant allocation is estimated at $9,460.
2) The new Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provisions are continuing to allow revisions to existing CDBG administrative requirements that apply to the City's current and FY 2023-2024 CDBG allocation.
The revisions to the CDBG administrative requirements are as follows:
a. Suspend the 15% cap on public services;
b. Allows virtual hearings as long as national or local health authorities recommend social distancing and limit public gatherings for public health reasons; and
c. Allows the public comment period for substantial amendments and for the Action Plan to be reduced from 30 days to five (5) days. 3) The City has been proactive in responding to the COVID-19 Emergency by implementing city-wide actions to respond to and prevent the spread of COVID19, including requiring social distancing and face masks, canceling large gatherings and implementing virtual city meetings.
4) One of the most important City programs that helps safeguard the City's most vulnerable population during this COVID-19 pandemic is the expansion of the Senior Citizen Meal Program. Currently, this program is providing over 50 meals per weekday to senior citizens throughout the City.
5) The activities and programs eligible to be funded by CDBG allocations have been expanded to include "meal programs modified to include additional deliveries", making the Senior Citizen Meal Program eligible as a CDBG funded program. 6) The proposed use of the CDBG grant is for the continued support of the Senior Citizen Meal Program.
7) The Public Hearing Notice for the proposed use of the CDBG Allocation for FY 2023-2024 has been duly noticed in accordance with applicable laws.
Page2
Fiscal Impact:
The CDBG estimated allocation for FY 2023-2024 is approximately $9,460, and the use of these funds for the Senior Citizen Meal Program will avoid the need to use funds from the General Fund for approximately 6 months of the program.
Approval of Resolution No. 2023-01-3379 will serve to formally approve the use of CDBG allocations for this program, and the FY 2023-2024 allocation of approximately $9,460 in federal funds will be appropriated as part of the budget process for the FY 2023-2024 Annual Budget.
Attachment:
Resolution No. 2023-01-3379
RESOLUTION NO. 2023-01-3379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING THE PROPOSED USE OF THE CITY'S FISCAL
YEAR 2023-2024 LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT ALLOCATION
WHEREAS, the City of lrwindale's Community Development Block Grant (CDBG) allocation from the County of Los Angeles for Fiscal Year (FY) 2023-2024 is estimated to be $9,460; and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provisions allow revisions to existing CDBG requirements that apply to the City's estimated FY 2023-2024 CDBG allocation of $9,460; and WHEREAS, the Senior Citizen Meal Program is an eligible activity to be funded by CDBG funds during the COVID-19 Pandemic to help safeguard the City's most vulnerable population which provides over 50 meals per weekday to senior citizens throughout the City; and
WHEREAS, the City of Irwindale has held a duly noticed public hearing on the proposed use of the City's FY 2023-2024 CDBG Allocation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS
FOLLOWS:
SECTION 1 The City Council hereby approves the proposed use of the estimated FY 2023-2024 CDBG allocation of $9,460 to the Senior Citizen Meal Program.
SECTION 2. The City Council hereby authorizes the City Manager and the Finance Director to take all actions and execute all documents necessary to carry out the provisions of this Resolution.
SECTION 3. The Chief Deputy City Clerk shall certify the adoption of this resolution which shall in turn have immediate effect.
PASSED, APPROVED, AND ADOPTED this 11th day of January 2023.
H. Manuel Ortiz, Mayor
Resolution No. 2023-01-3379
ATTEST:
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-01-3379 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of January 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2023-01-3379
Laura Nieto, MMC
Chief Deputy City Clerk
ts:JCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: January 11, 2023
Cityef
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 3B
Issue: Public Hearing and Second Reading of ORDINANCE NO 764, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
REPEALING ORDINANCE NOs. 709 and 743 IN THEIR ENTIRETY, 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."
City Manager's Recommendation:
That the City Council conduct a public hearing for public comments, read by title only, waive further reading of, and adopt on second reading Ordinance No. 764 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOs. 709 and 743 IN THEIR ENTIRETY, 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." and direct the Public Works Engineering Department to file the adopted ordinance with the City amendments along with the findings and justification with the State Building Standards Commission.
01005.0006/845739.1 Page 1
Administrative Action:
Submitted by:
Arsanious Hanna,
Director of Engineering/Building Official
~}
~#~ .\
Electronically Approved
Reviewed by:
Adrian R Guerra, City Attorney
Kambiz Borhani,
Finance Director/City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
1. The State's Health and Safety Code requires Cities and Counties to adopt the most recent editions of the State Building Standards related to building construction. Most recently, the State of California adopted the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards and Existing Building Codes.
2. Title 15 of the Irwindale Municipal Code (IMC) contains administrative and technical requirements for building construction. The City's current building code was last adopted in January 2020 by Ordinance 743.
3. On January 11, 2017, the City adopted Ordinance No. 709, and on January 8, 2020, the City adopted Ordinance No. 743, which set out provisions intended for use as Chapter 15.05 "Existing Building Code." However, Chapter 15.05 of the City's Municipal Code was already established through the adoption of Ordinance No. 697, adopted October 14, 2015, "EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS," and the provisions of Ordinance Nos. 709 and 743 were reclassified as Chapter 15.07 in the City's online version of the Municipal Code. Therefore, staff recommends that the City Council repeal Ordinance Nos. 709 and 743 in their entirety and formally add Chapter 15.07 "Existing Building Code" to the Irwindale Municipal Code.
4. On November 15, 2022, the Los Angeles County Board of Supervisors added and set forth provisions and regulations for the enforcement of Title 33 - Existing Building Code and adopted by reference, the 2022 State of California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes, with 2023 Los Angeles County Amendments. The Existing Building Code has been included as Part 10 of the California Building Standards Codes for the past three Page2
code cycles; however, now it is identified as a main code that requires adoption by all California jurisdictions.
5. Similar to past practice, the City will adopt the California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with county amendments, by reference, to bring the City into compliance with the California Health and Safety Code.
6. Based on staff review of the new 2023 Los Angeles County Building Code and the County's amendments and the ongoing mining and reclamation operations in the City, the Public Works Department - Building Safety Division is proposing amendments to Appendix "J" (Grading Section) of the Los Angeles County Building Code.
7. This proposed City amendments to the 2023 County Building Code Appendix "J" are to carry over changes to the 2008 Building Code Appendix "J" that pertain to the administrative and technical standards for backfilling of open-pit mines using either inert debris fill or soil fill. This appendix will include the City's four technical guidelines and backfill settlement evaluation techniques that deal with mining and reclamation of open-pit mines as a mandated requirement for mining operations in the City and the technical bulletin that was prepared by the Irwindale Technical Advisory Committee as a supplement to the City's four technical guidelines.
8. Section 17958 of the California Health and Safety Code requires that, with any proposed amendment to the County Code, the City is to make findings that current and proposed technical changes to the County Code (State Codes) are necessary due to local climatic, geological, or topographical conditions. The proposed City's amendments to Appendix "J" are taken from the City's 2008 Building Code Appendix "J" section since these technical code amendments relate to the administrative and technical standards for backfilling of open-pit mines. Those changes need to be included in each Building Code update in order to become the City's Building Code.
Engineering staff has reviewed the City's proposed technical code amendments and determined that they meet the intent of the State's Health and Safety Code.
9. The proposed adoption of this ordinance is exempt under the provision of the California Environmental Quality Act pursuant to State Guidelines 15061 (B)(3) and 15378 (b)(c). Adoption of the proposed ordinances is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Adoption of the proposed ordinances does not have such potential insofar as the changes are mandated to be adopted by State law and any local changes are needed to assure proper measures are taken to address the City's local needs, especially to properly backfill open-pit mines to avoid seismic hazards when they are reclaimed.
10. Upon adoption of the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with County and City Amendments, staff will send a letter to the California Building 01005.0006/845739.1 Page3
Standards Commission advising them with the City's newly adopted codes with County and City Amendments.
11. A copy of the above referenced 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with County and City Amendments, and the Findings of Fact will be available for review at the Building and Safety Division for inspection by the public.
12. The City Council conducted the first reading of Ordinance No. 764 on December 14, 2022.
13. Legal notice was published in the San Gabriel Valley Tribune on December 26, 2022 and January 2, 2023 advertising the January 11, 2023 Public Hearing.
Fiscal Impact:
There is no fiscal impact.
Attachment: Proposed Ordinance 764
Page4
ORDINANCE NO. 764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOs. 709 and 743 IN THEIR ENTIRETY, 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.
RECITALS
WHEREAS, Government Code section 50022.2 et seq. authorizes the adoption by reference of California codes and codes that adopt the California codes, including the Codes of the County of Los Angeles, which adopts the California Building, Existing Building, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as amended; and WHEREAS, sections 17958.5, 17958.7, and 18941.5 of the Health and Safety Code expressly authorize cities to make changes in the California Building, Existing Building Code, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as reasonably necessary due to local conditions; and
WHEREAS, the Los Angeles County Building, Existing Building, Residential, Green Building Standards, Electrical, Plumbing and Mechanical Codes incorporate appropriate findings related to local climatic, geological, or topographical conditions of Los Angeles County, as specified under the provisions of the California Health & Safety Code; and
WHEREAS, on January 11, 2017, the City adopted Ordinance No. 709, and on January 8, 2020, the City adopted Ordinance No. 7 43, which set out provisions intended for use as Chapter 15.05 "Existing Building Code." However, Chapter
15.05 of the City's Municipal Code was already established through the adoption of Ordinance No. 697, adopted October 14, 2015, "EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS," and the provisions of Ordinance Nos. 709 and 7 43 were reclassified as Chapter 15.07 in the City's on line version of the Municipal Code. Therefore, the City Council desires to repeal Ordinance Nos. 709 and 743 in their entirety, and formally add Chapter
15.07 "Existing Building Code" to the Irwindale Municipal Code; and OJ 005.0006/842544.1
Ordinance No. 764
WHEREAS, on December 14, 2022, the City Council considered Ordinance 764 and accepting staff's recommendation to amend Appendix "J" of the County grading section to include Backfilling Standards of Open-Pit Mines and the requirement of a grading permit for the backfilling of open-pit mines using either inert debris fill or soil fill; and
WHEREAS, on January 11, 2023, the City Council of the City of Irwindale, pursuant to a notice duly issued under Government Code section 50022.3, conducted a public hearing to consider this ordinance adopting the 2023 Edition of the Los Angeles Building, Existing Building Code, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes with the City's amendment of Appendix "J" of the County Building Codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS:
BUILDING CODE
SECTION 1: The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Repeal of Conflicting Ordinances and Continuing Effect of Irwindale Municipal Code Chapter 15.05. Ordinance Nos. 709 and 743 are hereby repealed in their entirety. Ordinance No. 697, adopted October 14, 2015 adding Irwindale Municipal Code Chapter 15.05 "EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS," shall remain in full force and effect.
SECTION 3: Chapter 15.04.10 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.04.010. Adoption of code. A. There is hereby adopted, as the city building code, except as provided in this chapter, that certain building code known and designated as the Los Angeles County Building Code, 2023 Edition (Title 26 of the Los Angeles County Code), which incorporates and amends the 2022 California Building Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0051, as adopted by county of Los Angeles, is adopted in its entirety and incorporated herein by this reference, with City's Amendments to Appendix "J".
Ordinance No. 764
SECTION 4: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0051[[mJ, has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0051. The City Council further finds that the County's grading section Appendix "J" as revised pursuant to Health and Safety Code section 18941.5, and attached hereto as Exhibit "A", to include the more restrictive requirement of a grading permit for the backfilling of open-pit mines using either inert debris fill or soil fill, is necessary to address and remediate existing geological conditions as a result of ongoing mining activities in the City of Irwindale.
RESIDENTIAL CODE
SECTION 5: Chapter 15.06.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.06.010. Adoption of code. A. There is hereby adopted, as the city's residential code, except as provided in this chapter, that certain residential code known and designated as the Los Angeles County Residential Code, 2023 Edition (Title 30 of the Los Angeles County Code), which incorporates and amends the 2022 California Residential Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0055, as adopted by the county of Los Angeles, is adopted in its entirety.
SECTION 6: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-055 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-055.
EXISTING BUILDING CODE
SECTION 7: Chapter 15.07 entitled, "EXISTING BUILDING CODE" of the Irwindale Municipal Code is hereby added and adopted to read in its entirety as follows:
Section 15.07.010. Adoption of code.
A. There is hereby adopted, as the city's existing building code, except as provided in this chapter, that certain existing building code known and designated as the Los Angeles County Existing Building Code, 2023 Edition (Title 33 of the Los Angeles County Code), which incorporates and amends the 2022 California 01005.0006/842544.1
Ordinance No. 764
Existing Building Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the existing building code of the city, regulating and controlling the ability to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0057, as adopted by the County of Los Angeles, is adopted in its entirety and incorporated herein by this reference.
Section 15.07.020. Copies filed. Three copies of the Los Angeles County Existing Building Code, referred to in Section 15.07.10 of this chapter, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination by the public.
Section 15.07.030. Terms defined. Whenever any of the following names or terms are used in the Los Angeles County Existing Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
"Board of appeals" means the board of appeals established by the Los Angeles County Building Code.
"Board of supervisors" means the city council.
"Building department" means the building and safety division of the department of public works, acting for the city.
"Building code," "uniform building" or "Los Angeles County Building Code" means Chapter 15.04 of this code;
"Building official" means the director of public works or his or her designee.
"City" means the city of Irwindale.
"County," "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means the city.
"County engineer" means the director of public works of the county of Los Angeles.
"Electrical code" means Chapter 15.08 of this code.
Ordinance No. 764
Page4
"Existing building code" means Chapter 15.07 of this code. "Fire code" means Chapter 15.12 of this code.
"Fire zone" means the fire zone or zones adopted by an ordinance creating and establishing fire zones.
"General fund" means the city treasury.
"Health code" or "Los Angeles County Health Code" means Chapter 8.04 of this code.
"Health officer" means the health officer of the city.
"Mechanical code" means Chapter 15.20 of this code.
"Plumbing code" means Chapter 15.16 of this code.
"Green Building Standards code" means Chapter 15.10 of this code.
Section 15.07.040. Fee schedule - Modification by Resolution. The fee schedules adopted by Section 15.07.10 of this title may be amended by resolution adopted by the city council.
SECTION 8: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0057 has made all appropriate findings related to administrative matters. The City Council hereby incorporates by reference the findings summarized in the Los Angeles County Ordinance No. 2022-0057.
ELECTRICAL CODE
SECTION 9: Chapter 15.08.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.08.010. Adoption of Code. A. There is hereby adopted as the city's electrical code, except as provided in this chapter, that certain electrical code known and designated as the Los Angeles County Electrical Code, 2023 Edition (Title 27 of the Los Angeles County Code), which incorporates and amends the California Electrical Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the electrical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of electrical systems, wiring and appliances and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0052, as adopted by the county of Los Angeles, is adopted in its entirety.
01005.0006/842544.1
Ordinance No. 764
SECTION 10: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0052 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0052.
GREEN BUILDING STANDARDS CODE
SECTION 11: Chapter 15.10.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.10.010. Adoption of code. A. There is hereby adopted, as the city's green building standards code, except as provided in this chapter, that certain green building standards code known and designated as the Los Angeles County Green Building Standards Code, 2023 Edition (Title 31 of the Los Angeles County Code), which incorporates and amends the 2022 California Green Building Standards Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0056, as adopted by the county of Los Angeles, is adopted in its entirety.
SECTION 12: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0056 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0056.
PLUMBING CODE
SECTION 13: Chapter 15.16.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.16.010. Adoption of Codes. A. There is hereby adopted as city plumbing code, except as provided in this chapter, that certain plumbing code known and designated as the Los Angeles County Plumbing Code, 2023 Edition (Title 28 of the Los Angeles County Code), which incorporates and amends the California Plumbing Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the plumbing code of the city regulating and controlling plumbing and drainage systems, house sewers, private sewage disposal systems and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
Ordinance No. 764
B. Los Angeles County Ordinance No. 2022-0053, as adopted by the county of Los Angeles, is adopted in its entirety.
SECTION 14: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0053 has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0053.
MECHANICAL CODE
SECTION 15: Chapter 15.20.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:
Section 15.20.010. Adoption of Codes. A There is hereby adopted as the city's mechanical code, except as provided in this chapter, that certain mechanical code known and designated as the Los Angeles County Mechanical Code, 2023 Edition (Title 29 of the Los Angeles County Code), which incorporates and amends the California Mechanical Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the mechanical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heatproducing appliances and providing for the issuance of permits and the collection of fees therefor.
B. Los Angeles County Ordinance No. 2022-0054 as adopted by the county of Los Angeles, is adopted in its entirety.
SECTION 16: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0054 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0054.
SECTION 17: All violations of the provisions of the Los Angeles County Building Code, (2020 Edition), Los Angeles County Residential Code (2023 Edition), Los Angeles County Green Building Standards Code (2023 Edition), Los Angeles County Electrical Code (2023 Edition), Los Angeles County Plumbing Code, (2023 Edition), and Los Angeles County Mechanical Code (2023 Edition) adopted by the City shall be a misdemeanor and subject to the penalty provisions contained in Chapter 1.12 of the Irwindale Municipal Code.
SECTION 18: Full Force and Effect Except as expressly amended herein, all other subsections of Chapter 15 of the Irwindale Municipal Code shall be unchanged and in full force and effect.
01005.0006/842544.l
Ordinance No. 764
SECTION 19: Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of general circulation in the City of Irwindale, and this Ordinance shall take effect 30 days after its passage.
SECTION 20. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Irwindale hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED on the 11th day of January 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 764
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, California, do hereby certify that the foregoing Ordinance No. 764 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on December 14, 2022, and adopted on second reading at a duly noticed regular meeting of the City Council of the City of Irwindale held on January 11, 2023, and was carried by the following-roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 764, adopted by the City Council of the City of Irwindale at its regular meeting held January 11, 2023 to be posted at the City Hal!, Library, and Post Office on January 12, 2023.
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0006/842544.1
Dated:
Ordinance No. 764
SECTION J101 GENERAL
J101.1 Scope.
Title 26 - BUILDING CODE
APPENDIX J GRADING
APPENDIX J GRADING
EXHIBIT "A"
The provisions of this Appendix apply to grading, excavation, and earthwork construction, including fills and embankments, and the control of runoff from graded sites, including erosion sediments and construction-related pollutants. This scope includes inert debris engineered fills placed under the auspices of Title 14 Section 17388 of the California Code of Regulations. The purpose of this Appendix is to safeguard life, limb, property, and the public welfare by regulating grading on property subject to this Code. {Ord. 2019-0056 § 79, 2019.)
1101.2 Flood hazard areas.
Unless the applicant has submitted a hydrology and hydraulic analysis, prepared in accordance with standard engineering practice by a California licensed civil engineer, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading, excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways designated in Chapter 11.60 ofTitle 11- Health and Safety - of the Los Angeles County Code, or in floodways that are in flood hazard areas established in Section 1612.3, or in flood hazard areas where design flood elevations are specified but floodways have not been designated. {Ord. 2019-0056 § 79, 2019.)
J101.3 General hazards.
Whenever the Building Official determines that any existing excavation, embankment, or fill on property subject to this Code has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the Building Official may give written notice thereof to the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property. Upon receipt of said notice, the owner or other person or agent in control of the property shall repair or eliminate such excavation, embankment, or fill so as to eliminate the hazard1 in conformance with the requirements of this Code, within the period specified in said notice. {Ord. 2019-0056 § 79, 2019.)
J101.4 Safety precautions.
If at any stage of the work the Building Official determines by inspection that further grading as authorized is likely to endanger any public or private property, or result in the deposition of debris on any public way, or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall immediately stop such work. The Building Official may authorize the work to proceed if the Building Official finds that adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition, or interference.
Los Angeles County, California, Code of Ordinances
(Supp. No. 134, Update 2)
Created: 2022-08-26 09;30:51 [EST]
If the grading work as done has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction thereof as specified in Section JlOl of this Code. (Ord. 2019-0056 § 79, 2019.)
J101.5 Protection of utilities.
Both the permittee and the owner of the property on which the grading is performed shall be responsible for the prevention of damage to any public and/or private utilities or services. (Ord. 2019-0056 § 79, 2019.)
J101.6 Protection of adjacent property.
Both the permittee and owner of the property on which the grading is performed shall be responsible for the prevention of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking, or other damage that might result from the proposed work. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the Building Official, to prevent such materials from being deposited on adjacent properties, any public way, and/or any drainage course. (Ord. 2019-0056 § 79, 2019.)
J 101. 7 Storm water control measures.
Both the permittee and the owner of the property on which the grading is performed shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities. (Ord. 2019-0056 § 79, 2019.)
J101.8 Maintenance of protective devices and rodent control.
All drainage structures and other protective devices and all burrowing rodent control measures, as shown on the grading plans approved by the Building Official, shall be maintained in a good condition and, when necessary, promptly repaired by the permittee or the owner of the property on which grading has been performed or by any other person or agent in control of such property.
(Ord. 2019-0056 § 79, 2019.)
J101.9 Correlation with other sections.
The provisions of this Appendix are independent of the provisions of Chapter 99 of this Code relating to building and property rehabilitation. This Section may be applied even though the same facts have been used to determine that there is substandard property subject to the provisions of Chapter 99. (Ord. 2019-0056 § 79, 2019.)
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
J101.10 Conditions of approval.
In granting any permit under this Code, the Building Official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to comply with the standards of this Code.
2. Requirements for fencing of excavations or fills that would otherwise be hazardous.
3. Requirements for temporary excavations and shoring to be shown on plans. (Ord. 2019-0056 § 79, 2019.)
J102.1 Definitions.
For the purposes of this Appendix, the terms, phrases, and words listed iD this Section and their derivatives shall have the indicated meanings.
ABOVE-WATER INERT DEBRIS ENGINEERED FILL. A fill that contains inert debris and is placed above the groundwater table.
APPROVAL. When the proposed work or completed work conforms to this Appendix, as determined by and to the satisfaction of the Building Official.
AS-BUILT. See Section JlOS.12.
BACKFILL. Fill placed in a zone that had previously been excavated.
BEDROCK. The relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of alluvium, colluvium, and/or soil.
BENCH. A relatively level step excavated into earth material on which fill is to be placed.
BEST MANAGEMENT PRACTICE (BMP). Practices, prohibitions of practices, or other activities to reduce or eliminate the discharge of pollutants to surface waters. BMPs include structural and nonstructural controls, management practices, operation and maintenance procedures, and system, design, and engineering methods that are required to be employed in order to comply with the requirements of the National Pollution Discharge Elimination System (NPDES) permit issued to the County of Los Angeles (see Section 106.4.3 and Title 31- Green Building Standards Code - of the Los Angeles County Code).
BORROW. Earth material acquired from an off-site location for use in grading on a site.
CIVIL ENGINEER. A professional engineer licensed in the State of California to practice in the field of civil works.
CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works.
COMPACTION. The densification of a fill by mechanical means.
CUT. See 11 Excavation. 11
DESILTING BASINS. Physical structures, constructed for the removal of sediments from surface water runoff.
DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work.
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.
EARTH MATERIAL. Any rock, natural soil, or fill, or any combination thereof.
ENGINEERING GEOLOGIST. A geologist experienced and knowledgeable in engineering geology, holding a license as a geologist in the specialty of engineering geology issued by the State of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
ENGINEERING GEOLOGY. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water, or ice.
EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.
FIELD ENGINEER. The Civil Engineer responsible for performing the functions as set forth in Section 1105.3.
FILL. Deposition of earth materials by artificial means.
FILL AND OPERATIONS PLAN. Combined engineering plans and geotechnical reports representing the overall conceptual and general planning for the initiation through completion of reclamation of open-pit mines for both underwater and above-water backfills.
GEOTECHNICAL ENGINEER. See "Soils Engineer".
GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include, but are not limited to, loose debris, slopewash, and mud flows from natural or graded slopes.
GRADE. The vertical location of the ground surface.
GRADE, EXISTING. The grade prior to grading.
GRADE, FINAL. See Section 1105.7.
GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts.
GRADE, INITIAL. See Section 1105.7.
GRADE, ROUGH. See Section 1105.7.
GRADING. An excavation or fill or combination thereof.
GRADING PERMIT FOR MINE RECLAMATION BACKFILL. A permit, issued to backfills of open-pit mines for all active SMARA pits.
INERT DEBRIS ENGINEERED FILL. An engineered fill that contains concrete, broken concrete, tile, masonry brick or block, concrete block, rock, sand, gravel, stone, clay, clay products, ceramics, soils, stucco, fine silt wet or dry, and materials encased in concrete, asphaltic concrete, crushed glass, and other similar materials. These fill materials are typically generated as waste products from construction and demolition operations.
KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
LANDSCAPE ARCHITECT. A person who holds a certificate to practice landscape architecture in the State of California under the applicable landscape architecture provisions of Division 3, Chapter 3.5, of the Business and Professions Code.
LINE. The horizontal location of the ground surface.
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
MINE RECLAMATION BACKFILL. A backfill placed in a former open-pit mine for the purpose of reclaiming the site to support future structures.
MINING. The operations associated with the excavation and processing of natural soil and rock and permitted under the California Surface Mining and Reclamation Act of 1975{SMARA).
PERMITTEE. See Section JlOS.6.
PRIVATE SEWAGE DISPOSAL SYSTEM. A septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits, or into a combination of a subsurface disposal field and a seepage pit or of such other facilities as may be permitted in accordance with the procedures and requirements set forth in Title 28 - Plumbing Code - of the Los Angeles County Code and as required by the Los Angeles County Department of Public Health.
PROJECT CONSULTANTS. The professional consultants required by this Code, which may consist of the Design Engineer, Field Engineer, Soils Engineer, Engineering Geologist, and Landscape Architect as applicable to this Appendix.
PROFESSIONAL INSPECTION. The inspection required by this Code to be performed by the Project Consultants. Such inspections shall be sufficient to form an opinion relating to the conduct of the work.
QSD. Qualified SWPPP Developer as defined in the California State Construction General Permit.
QSP. Qualified SWPPP Practitioner as defined in the California State Construction General Permit.
SETTLEMENT BULLETIN. Irwindale Mining Bulletin No.l, Settlement of Mine Backfills, November 22, 2022 SMARA. California Surface Mining And Reclamation Act of 1975.
SITE. A lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOIL Naturally occurring superficial deposits overlying parent bedrock.
SOILS ENGINEER (GEOTECHNICAL ENGINEER). A licensed civil engineer experienced and knowledgeable in the practice of soils engineering.
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of construction thereof.
STOCKPILING. Placement of fill for temporary storage purposes.
STORM DRAIN SYSTEM. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, and man-made channels, designed or used for collecting and conveying storm water.
STORM WATER POLLUTION PREVENTION PLAN {SWPPP). A site drawing with details, notes, and related documents that identify the measures proposed by the permittee to: (1) control erosion and prevent sediment and construction-related pollutants from being carried offsite by storm water, and {2) prevent non-storm-water discharges from entering the storm drain system.
SURFACE DRAINAGE. Flows over the ground surface.
SOIL TESTING AGENCY. An agency regularly engaged in the testing of soils and rock under the direction of a Civil Engineer experienced in soil testing.
Created: 2022-08-26 09;30:50 [EST]
(Supp. No. 134, Update 2)
TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
UNDERWATER ENGINEERED FILL: An engineered fill placed below the free water level, such as in a groundwater lake located at the bottom of an open-pit mine. (Ord. 2019-0056 § 80, 2019.)
SECTION J103 PERMITS REQUIRED
J103.1 Permits required.
Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit from the Building Official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in Section J104.2.3 shall be performed by a contractor licensed by the State of California to perform the work described hereon. Regular grading less than 5,000 cubic yards may require a licensed contractor if the Building Official determines that special conditions or hazards exist.
Mine reclamation backfills shall be permitted under the special provisions of a mine reclamation backfill permit.
The plan check and permit fee for this grading permit for mine reclamation fills will be subject to a fee schedule adopted and approved by the City Council.
(Ord. 2019-0056 § 81, 2019.)
J103.2 Exemptions.
A grading permit shall not be required for the following:
1. When approved by the Building Official, grading in an isolated, self-contained area, provided that the public is not endangered and that such grading will not adversely affect adjoining properties or public rights of way.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites, controlled by other regulations.5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate, or clay, and related mining operations, provided such operations are conducted under the auspices of an approved conditional use permit and reclamation plan issued by the City of Irwindale.
7. Exploratory excavations performed under the direction of a Geotechnical Engineer or Engineering Geologist.
This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with Section J101.3. A restoration plan must be provided and approved by the Building Official for all grading of access roads or pads. Restoration shall be completed within 90 days after the completion of soils testing unless otherwise approved by the Building Official.
8. An excavation that does not exceed 50 cubic yards (38.3 m3 ) and complies with one of the following conditions and as shown in Figure J103.2:
(a) Is less than 2 feet (0.6 m) in depth.
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
(b) Does not create a cut slope greaterthan 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
9. A fill not intended to support a structure that does not obstruct a drainage course and complies with one of the following conditions and as shown in Figure J103.2:
(a) Is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical (20 percent slope).
(b) Is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 50 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
(c) Is less than 5 feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
(Ord. 2019-0056 § 81, 2019.)
J103.3 Unpermitted grading.
A person shall not own, use, occupy, or maintain any site containing unpermitted grading. For the purposes of this Code, unpermitted grading shall be defined as either of the following:
(1) Grading that was performed, at any point in time, without the required permit(s) having first been obtained from the Building Official, pursuant to Section J103.1; or (2) Grading for which a permit was obtained pursuant to this Section, but which was not completed, pursuant to Section J105, prior to the expiration of the permit, pursuant to Section 106.5.4.
Any fill placed without a grading permit, including those exempted by Section J103.2, is considered to be uncertified and not suitable for structural support. No building permits will be issued for structures on such fills, and such fills cannot subsequently be accepted under Sections 104.2.7, 104.2.8, or Jl12 of this Code. All such fills must be removed and recompacted or otherwise remediated under the auspices of a grading permit before any building permits can be issued.
Exception: The Building Official may accept unpermitted fills that consist entirely of hydraulically-placed waste materials generated from an aggregate processing operation if the Permittee submits a geotechnical investigation that assesses the extent and engineering characteristics of such a fill, along with a remediation plan
(Ord. 2019-0056 § 81, 2019.)
J103.4 Availability of permit at site.
No person shall perform any grading that requires a permit under this Appendix unless a copy of the grading permit and approved grading plans are in the possession of a responsible person and available at the site for the Building Official's reference.
Created: 2022-08-26 09: 30: 50 [EST]
(Supp. No. 134, Update 2)
(Ord. 2019-0056 § 81, 2019.)
J103.5 Grading fees.
Fees shall be assessed in accordance with the provisions of this Section. The amount of the fees shall be as specified in Section 107.
1. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.
2. Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code.
3. Site Inspection Fee. When the Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings, or the proposed construction, a site inspection shall be made during plan check of grading plans. A fee for such inspection shall be paid to the Building Official at the time of submitting plans and specifications for review. (Ord. 2019-0056 § 81, 2019.)
J103.6 Compliance with zoning code.
The Building Official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply with the provisions of Title 17 of the City of Irwindale Municipal Code.
(Ord. 2019-0056 § 81, 2019.)
J103. 7 Grading security.
J103.7.1 Scope and purpose.
The Building Official may require a permittee or the owner(s) of the property on which the grading is proposed to occur to provide security, as a condition of the issuance of a grading permit for any grading involving more than 1,000 cubic yards (764.6 m' ). Where unusual conditions or special hazards exist, the Building Official may require security for grading involving less than 1,000 cubic yards (764.6 m3 ). The purpose of the security shall be to guarantee the permittee's obligation to mitigate any hazardous conditions, including flood and geotechnical hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the Building Official determines is necessary to bring the property into compliance with this Appendix.
Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the Building Official.
The Building Official may waive the requirements for security for the following:
1. Grading being done by or for a governmental agency.
Created: 2022-08-26 09:30:50 (EST]
(Supp. No. 134, Update 2)
2. Grading necessary to remove a geotechnical hazard, where such work is covered by an agreement and security is posted pursuant to the City of Irwindale 11Subdivision Ordinance'1 or to the provisions of Title 21- Subdivisions - of the Los Angeles County Code.
3. Grading on a site, not exceeding a slope of three units horizontal to one unit vertical, provided such grading as determined by the Building Official will not affect drainage from or to adjacent properties.
4. Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties.
5. Mine reclamation backfills placed under the auspices of a Reclamation Plan approved by the City of Irwindale, providing that there is sufficient SMARA approved financial assurances posted for such reclamation.
(Ord. 2019-0056 § 81, 2019.)
J103.7.2 Form of security.
The security referred to in Section J103.7.1 shall be in one of the following forms:
1. A bond furnished by a corporate surety authorized to do business in this state.
2. Cash.
3. Savings and loan certificates or shares deposited and assigned to the City of Irwindale or to the County as provided in Chapter 4.36 of Title 4 - Revenue and Finance - of the Los Angeles County Code, if the County of Los Angeles is acting as the authorized representative of the City of Irwindale.
4. An instrument of credit from a financial institution subject to regulation by the state or federal government and pledging that funds in the amount required by the Building Official are on deposit and guaranteed for payment, or a letter of credit is issued by such a financial institution. (Ord. 2019-0056 § 81, 2019.)
J103.7.3 Amount of security.
The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, and the cost of all drainage or other protective devices or work necessary to eliminate potential flooding and geotechnical hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows:
100,000 cubic yards or less - 50 percent of the estimated cost of grading work.
Over 100,000 cubic yards - 50 percent of the cost of the first 100,000 cubic yards plus 25 percent of the estimated cost of that portion in excess of 100,000 cubic yards.
When the rough grading has been completed in conformance with the requirements of this Code, the Building Official may, at his or her discretion, consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development, or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the Building Official. (Ord. 2019-0056 § 81, 2019.)
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
J103.7.4 Conditions.
All security shall include the conditions that the principal shall:
1. Comply with all of the provisions of this Code, applicable laws, and ordinances;
2. Comply with all of the terms and conditions of the grading permit, and
3. Complete all of the work authorized by the permit.
(Ord. 2019-0056 § 81, 2019.)
J103.7.5 Term of security.
The term of each security shall begin upon the filing with the Building Official, and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official. (Ord. 2019-0056 § 81, 2019.)
J103.7.6 Default procedures.
In the event any grading for which a permit has been issued is not completed in accordance with the approved plans and specifications for said work or with all terms and conditions of the grading permit, the Building Official may declare that a default has occurred. The Building Official shall give notice thereof to the principal and surety or financial institution executing the security, or to the owner in the case of a cash bond or assignment.
The Building Official may thereafter determine the work that is necessary to mitigate any hazardous or unsafe conditions on the site and cause such work to be performed.
Where the security consists of a bond or instrument of credit, the surety or financial institution executing the security shall be responsible for the payment of all costs and expenses incurred by the Building Official in causing such work to be performed, up to the full amount of the security. In the case of cash security or assignment, the Building Official may pay all costs and expenses incurred in causing such work to be performed from the funds deposited and return any unused portion of such deposit or funds to the person making said deposit or assignment.
(Ord. 2019-0056 § 81, 2019.)
J103.7.7 Right of entry.
The Building Official or the authorized representative of any surety company or financial institution furnishing the security shall have access to the premises described in the permit for the purpose of inspecting the work.
In the event of default, as described in Section J103.7.6, the surety or financial institution furnishing the security, or the Building Official, or any person employed or engaged on the behalf of any of these parties, shall have the right to go upon the premises to perform the mitigation work, as described in Section J103.7.6.
Neither the permittee, owner, or any other person shall interfere with or obstruct the ingress into or egress from any such premises of any authorized representative of the surety or financial institution executing the security or the Building Official engaged to perform the mitigation work, as described in Section J103.7.6. (Ord. 2019-0056 § 81, 2019.)
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
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(Ord. 2019-0056 § 82, 2019.)
FIGURE J103.2
GRADING EXEMPTION CASES
SECTION J104 PERMIT APPLICATION AND SUBMITTALS
J104.1 Submittal requirements.
In addition to the provisions of Section 106.4, the applicant shall state the following:
1. The estimated quantities of excavation, fill, borrow, removal, or combination thereof.
2. The proposed land use for the site on which the grading is to be performed. (Ord. 2019-0056 § 83, 2019.)
J104.2 Site plan requirements.
In addition to the provisions of Section 106, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this Code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this Code.
As with the Grading Permit for Mine Reclamation Fills, the applicant shall prepare a Backfilling and Operation Plan for the both Underwater and/or Above-Water Fill operations in accordance with the City's Guidelines for each respective fill operations. Also required as part of this Backfilling and Operation Plan submittal package is a complete site specific geotechnical evaluation report prepared in accordance with City's Guidelines For Abovewater Backfilling of Open Pit Mines or the Guidelines for Underwater Backfilling For Open-Pit Mines. (Ord. 2019-0056 § 83, 2019.)
J104.2.1 Grading designation.
1. Grading above the groundwater table of natural soils involving less than 5,000 cubic yards (3825 m3) and that will not support any structure shall be designated "regular grading" unless the permittee chooses to have the grading be designated as engineered grading, or the Building Official determines that, due to the existence of special conditions or unusual hazards, the grading should be designated as engineered created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
grading.
2. Grading above the groundwater table using natural soils in excess of 5,000 cubic yards (3825 m3) or that involving less than 5,000 cubic yards (3825 m3) which is proposed to support any structure shall be designated as "engineered grading." All engineered grading shall be performed in accordance with an approved grading plan and specifications prepared by a civil engineer, unless otherwise required by the Building Official.
3. Grading involving placement of inert debris fill above the groundwater table shall be designated as an "above-water inert debris engineered fill". These include, but are not limited to, all above-water inert debris engineered fills placed under the auspices ofTitle 14, Section 17388 of the California Code of Regulations.
4. Grading involving placement of fill below the groundwater table using any materials shall be designated as an "underwater engineered fill". These include, but are not limited to, all underwater inert debris engineered fills placed under the auspices ofTitle 14, Section 17388 of the California Code of Regulations .. (Ord. 2019-0056 § 83, 2019.)
J104.2.2 Regular grading requirements.
In addition to the provisions of Sections 106 and J104.2, an application for a regular grading permit shall be accompanied by plans of sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limits and depths of cut and fill.
3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4.6 m) of the proposed grading.
4. Contours, flow areas, elevations, or slopes that define existing and proposed drainage patterns.
5. Storm water mitigation measures in accordance with the requirements of Section 106.4.3 of this Code. See Section Jll0.8 for specific requirements.
6. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.
7. Location of all recorded floodways as established by Chapter 11.60 of Title 11 ·Health and Safety· of the Los Angeles County Code.
8. Location of all Special Flood Hazard Areas as designated and defined in Title 44 of the Code of Federal Regulations.
(Ord. 2019-0056 § 83, 2019.)
J104.2.3 Engineered grading requirements.
In addition to the provisions of Sections 106 and J104.2, an application for a permit for engineered grading shall be accompanied by plans and specifications, and supporting data consisting of a geotechnical report and engineering geology report.
Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale on paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
and shall show in detail that the proposed work will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of the plans shall depict the location of the proposed work, the name and address of the owner, and the person by whom they were prepared.
The plans shall include or be accompanied by the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.
5. Location of any existing or proposed buildings or structures located on the property on which the work is to be performed and the location of any buildings or structures on adjacent properties that are within 15 feet (4.6 m) of the property or that may be affected by the proposed grading operations.
6. Recommendations in the geotechnical report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.
7. The dates of the geotechnical and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.
8. A statement of the quantities of material to be excavated and/or filled. Earthwork quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site.
9. A statement of the estimated starting and completion dates for proposed work.
10. A statement signed by the owner, acknowledging that a Design Engineer, Field Engineer, Geotechnical Engineer, and Engineering Geologist, when appropriate, will be employed to perform the services required by this Code, when the Building Official requires that such professional persons be so employed. These acknowledgments shall be on a form furnished by the Building Official.
11. Storm water mitigation measures are required to be shown on the grading plan in accordance with the requirement of Section 106.4.3 of this Code. See Section Jll0.8 for specific requirements.
12. A drainage plan for those portions of property proposed to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs, and fences that may affect drainage.
13. Location and type of any proposed private sewage disposal system, including the location of the expansion area.
14. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.
15. Location of all recorded floodways as established by Chapter 11.60 of Title 11 ·Health and Safety· of the Los Angeles County Code.
16. Location of all Special Flood Hazard Areas as designated and defined in Title 44 of the Code of Federal Regulations.
(Ord. 2019-0056 § 83, 2019.)
Created: 2022-08-26 09:30:50 (EST)
(Supp. No. 134, Update 2)
J104.2.4 Above-Water Inert Debris Engineered Fill Requirements.
All above-water inert debris engineered fills shall be designed, permitted, and constructed in accordance with the Guidelines for Above-Water Backfilling of Open Pit Mines, Irwindale, California, and Irwindale Mining Bulletin No.1, Settlement of Mine Backfills. If specific provisions of these Guidelines conflict with any other provisions of this Appendix, the Guidelines shall govern.
J104.2.5 Underwater Engineered Fill Requirements.
All underwater fills shall be designed, permitted, and constructed in accordance with the Guidelines for Underwater Backfilling of Open Pit Mines, Irwindale, California, and Irwindale Mining Bulletin No.1, Settlement of Mine Backfills. If specific provisions of these Guidelines conflict with any other provisions of this Appendix, the Guidelines shall govern.
J104.3 Geotechnical and engineering geology reports.
The geotechnical report required by Section J104.2.3 shall include data regarding the nature, distribution, and strength of existing soils, conclusions, and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on the adequacy for the intended use of sites to be developed by the proposed grading as affected by geotechnical factors, including the stability of slopes. All reports shall conform with the requirements of Section 111 and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary.
Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
The engineering geology report required by Section J104.2.3 shall include an adequate description of the geology of the site, conclusions, and recommendations regarding the effect of geologic conditions on the proposed development, and an opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report shall include a geologic map and cross sections utilizing the most recent grading plan as a base. All reports shall conform with the requirements of Section 111 and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
Exception: A geotechnical or engineering geology report is not required where the Building Official determines that the nature of the work applied for is such that a report is not necessary. {Ord. 2019-0056 § 83, 2019.)
J104.4 Liquefaction study.
For sites with mapped maximum considered earthquake spectral response accelerations at short periods {S,) greater than O.Sg as determined by Section 1613, a study of the liquefaction potential of the site shall be provided and the recommendations incorporated in the plans. A geotechnical investigation will be required when the proposed work is a 11Projectn as defined in California Public Resources Code section 2693, and is located in an area designated as a "Seismic Hazard Zone" as defined in section 3722 of Title 14 of the California Code of Regulations and on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code section 2696.
Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.
{Ord. 2019-0056 § 83, 2019.)
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
SECTION J105 INSPECTIONS
J105.1 General.
Grading inspections shall be governed by Section 108 and as indicated herein. Grading operations for which a permit is required shall be subject to inspection by the Building Official. In addition, professional inspection of grading operations shall be performed by the Field Engineer, the Geotechnical Engineer, and the Engineering Geologist retained to provide such services in accordance with this Section for engineered grading and as required by the Building Official for regular grading.
Grading inspections for above-water inert debris engineered fills and underwater engineered fills shall be in accordance with the Guidelines for Above-Water Backfilling of Open-Pit Mines, Irwindale, California, or the Guidelines for Underwater Backfilling of Open-Pit Mines, Irwindale, California, respectively. (Ord. 2019-00S6 § 84, 2019.)
J105.2 Special and supplemental inspections.
The special inspection requirements of Section 170S.6 shall apply to work performed under a grading permit where required by the Building Official. In addition to the called inspections specified in Section J105.7, the Building Official may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this Code. The Building Official may require investigations and reports by an approved soil testing agency, Geotechnical Engineer and/or Engineering Geologist, and Field Engineer. Inspection reports shall be provided when requested in writing by the Building Official.
The Building Official may require continuous inspection of drainage devices by the Field Engineer in accordance with this Section when the Building Official determines that the drainage devices are necessary for the protection of the structures in accordance with Section 110. (Ord. 2019-0056 § 84, 2019.)
J105.3 Field engineer.
The Field Engineer shall provide professional inspection of those parts of the grading project within such engineer's area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site, is graded in accordance with the approved grading plan and the appropriate requirements of this Code. During site grading, and at the completion of both rough grading and final grading, the Field Engineer shall submit statements and reports as required by Sections J105.11 and J105.12. If revised grading plans are required during the course of the work, they shall be prepared by a Civil Engineer and approved by the Building Official.
(Ord. 2019-0056 § 84, 2019.)
J105.4 Geotechnical engineer.
The Geotechnical Engineer shall provide professional inspection of those parts of the grading project within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The Geotechnical Engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this Appendix. If cond.itions differing Created: 2022-08-26 09:30;50 [EST]
(Supp. No. 134, Update 2)
from the approved geotechnical engineering and engineering geology reports are encountered during grading, the Geotechnical Engineer shall provide revised recommendations to the permittee, the Building Official, and the Field Engineer.
(Ord. 2019-0056 § 84, 2019.)
J105.5 Engineering geologist.
The Engineering Geologist shall provide professional inspection of those parts of the grading project within such engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. If conditions differing from the approved engineering geology report are encountered, the Engineering Geologist shall provide revised recommendations to the Geotechnical Engineer.
(Ord. 2019-0056 § 84, 2019.)
J105.6 Permittee.
The permittee shall be responsible for ensuring that the grading is performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code. The permittee shall engage project consultants, if required under the provisions of this Code, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project consultants, the contractor, and the Building Official. In the event of changed conditions, the permittee shall be responsible for informing the Building Official of such change and shall provide revised plans for approval.
(Ord. 2019-0056 § 84, 2019.)
J105.7 Required inspections.
The permittee shall call for an inspection by the Building Official at the following various stages of work and shall obtain the approval of the Building Official prior to proceeding to the next stage of work:
Pre-grade. Before any construction or grading activities occur at the site. Permittee shall schedule a pregrade inspection with the Building Official. The permittee shall ensure that all project consultants are present at the pre-grade inspection.
Initial grade. When the site has been cleared of vegetation and unapproved fill, and has been scarified, benched, or otherwise prepared for fill. No fill shall have been placed prior to this inspection.
Rough grade. When approximate final elevations have been established, drainage terraces, swales, and other drainage devices necessary for the protection of the building sites from flooding have been installed, berms have been installed at the top of the slopes, and the statements required by Section J105.12 have been received.
Final grade. When grading has been completed, all drainage devices necessary to drain the building pad have been installed, slope planting has been established, irrigation systems have been installed, and the as-built plans and required statements and reports have been submitted. (Ord. 2019-0056 § 84, 2019.)
Created: 2022-08-26 09:30:50 (EST]
(Supp. No. 134, Update 2)
J105.8 Notification of noncompliance.
If, in the course of fulfilling their respective duties under this Appendix, the Field Engineer, the Geotechnical Engineer, or the Engineering Geologist determines that the work is not being done in conformance with this Appendix or the approved grading plans, the Field Engineer, the Geotechnical Engineer, or the Engineering Geologist shall immediately report, in writing, the discrepancies and the recommended corrective measures to the permittee and to the Building Official.
(Ord. 2019-0056 § 84, 2019.)
J105.9 Transfer of responsibility.
If the Field Engineer, the Geotechnical Engineer, or the Engineering Geologist of record is changed at any time after the grading plans required pursuant to Section 1104.2.2 or 1104.2.3 have been approved by the Building Official, the permittee shall immediately provide written notice of such change to the Building Official. The Building Official may stop the grading from commencing or continuing until the permittee has identified a replacement and the replacement has agreed in writing to assume responsibility for those parts of the grading project that are within the replacement's area of technical competence.
For mine reclamation backfills, ifthe Field Engineer, the Geotechnical Engineer, or the Engineering Geologist of record is changed at any time after the grading has commenced, the Permittee shall stop grading and notify the Building Official in writing within 48 hours. The Permittee shall not commence any grading until a replacement has been approved by the Building Official and the replacement has agreed in writing to assume responsibility, (Ord. 2019-0056 § 84, 2019.)
J105.10 Non-inspected grading.
No person shall own, use, occupy, or maintain any non-inspected grading. For the purposes of this Code, noninspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103, above, but which has progressed beyond any point requiring inspection and approval by the Building Official without such inspection and approval having been obtained. (Ord. 2019-0056 § 84, 2019.)
J105.11 Routine field inspections and reports.
Unless otherwise directed by the Building Official, the Field Engineer for all engineered grading projects shall prepare routine inspection reports and shall file these reports with the Building Official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is occurring on the site;
2. Monthly, at all other times; and
3. At any time when requested in writing by the Building Official.
Such reports shall certify to the Building Official that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans and specifications, this Code, all grading permit conditions, and all other applicable ordinances and requirements. The reports shall conform to a standard "Report of Grading Activities" form, which shall be provided by the Building Official. (Ord. 2019-0056 § 84, 2019.)
Created: 2022-08-26 09:30:50 [EST]
(Supp. No. 134, Update 2)
JlOS.11.1 Above-Water Inert Debris Fills and Underwater Fills.
Unless otherwise directed by the Building Official, reports for above-water inert debris fills and for underwater fills shall be in accordance with the Guidelines for Above-Water Backfilling of Open-Pit Mines, Irwindale, California, or the Guidelines for Underwater Backfilling of Open-Pit Mines, Irwindale, California, respectively.
J105.12 Completion of work.
Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is otherwise required by the Building Official:
1. An "as-built" grading plan prepared by the Field Engineer retained to provide such services in accordance with Section J105.3 showing all plan revisions as approved by the Building Official. This shall include original ground surface elevations, as-built ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and the outlets of subsurface drains. As-built locations, elevations1 and details of subsurface drains shall be shown as reported by the Geotechnical Engineer.
The as-built grading plan shall be accompanied by a certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer's area of responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the Geotechnical Engineer retained to provide such services in accordance with Section J105.4, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved geotechnica1 engineering investigation report. The report shall include a certification by the Geotechnical Engineer that, to the best of his or her knowledge, the work within the Geotechnical Engineer's area of responsibility is in accordance with the approved geotechnical engineering report and applicable provisions of this Appendix. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage.
3. A report prepared by the Engineering Geologist retained to provide such services in accordance with Section JlOS.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of such new information, if any, on the recommendations incorporated in the approved grading plan. The report shall contain a certification by the Engineering Geologist that, to the best of his or her knowledge, the work within the Engineering Geologist's area of responsibility is in accordance with the approved engineering geology report and applicable provisions of this Appendix. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. The report shall contain a final as-built geologic map and crosssections depicting all the information collected prior to and during grading.
4. The grading contractor shall certify, on a form prescribed by the Building Official, that the grading conforms to said as-built plan and the approved specifications.
5. When a landscape permit is required by Section 490.1 of the California Department of Water Resources Model Water Efficient Landscape Ordinance, the Landscape Architect shall certify on a form prescribed by the Building Official that the landscaping conforms to approved landscape plans and specifications. (Ord. 2019-0056 § 84, 2019.)
Created: 2022-08-26 09:30:51 [EST]
(Supp. No. 134, Update 2)
J105.13 Notification of completion.
The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures, have been completed in accordance with the final approved grading plan, and all required reports have been submitted and approved.
Upon completion of the requirements of Section 1105.12 and 1105.13 to the satisfaction of the Building Official, all fills placed during the permitted grading are considered to be certified. (Ord. 2019-0056 § 84, 2019.)
J105.14 Change of ownership.
Unless otherwise required by the Building Official, when a grading permit has been issued on a site and the owner sells the property prior to final grading approval, the new property owner shall be required to obtain a new grading permit.
(Ord. 2019-0056 § 84, 2019.)
SECTION J106 EXCAVATIONS
J106.1 Maximum cut slope.
The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be not more than one unit vertical in two units horizontal (50 percent slope) unless the owner or the owner's authorized agent furnishes a geotechnical or an engineering geology report, or both, justifying a steeper slope. The reports must contain a statement by the Geotechnical Engineer or Engineering Geologist that the site was investigated and an opinion that a steeper slope will be stable and will not create a hazard to public or private property, in conformance with the requirements of Section 111. The Building Official may require the slope of the cut surfaces to be flatter in slope than 2 units horizontal to 1 unit vertical if the Building Official finds it necessary for the stability and safety of the slope.
Exception: A cut surface shall be permitted to be at a slope of 1.5 units horizontal to one unit vertical (67 percent slope) provided that all of the following are met:
1. It is not intended to support structures or surcharges.
2. It is adequately protected against erosion.
3. It is no more than 8 feet (2438 mm) in height.
4. It is approved by the Building Official.
5. Ground water is not encountered.
(Ord. 2019-0056 § 85, 2019.)
SECTION J107 FILLS
Created: 2022-08-26 09:30:51 [EST]
{Supp. No. 134, Update 2)
J107.1 General.
Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this Section.
Exception:
1. The Building Official may permit a deviation from the provisions of this Appendix for minor fills not intended to support structures, where no geotechnical report has been prepared.
2. Above-water inert debris engineered fills and underwater engineered fills are exempt from the provisions of Section J107 and shall be placed as described in the Guidelines for Above-Water Backfilling af Open-Pit Mines, Irwindale, California, or the Guidelines for Underwater Backfilling of Open-Pit Mines, Irwindale, California, respectively.
(Ord. 2019-0056 § 86, 2019.)
J107.2 Surface Preparation.
Fill slopes shall not be constructed on natural slopes steeper than 2 units horizontal to 1 unit vertical {50 percent slope). The ground surface shall be prepared to receive fill by removing vegetation, topsoil, and other unsuitable materials {including any existing fill that does not meet the requirements of this Appendix), and scarifying the ground to provide a bond with the fill material.
Subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident, except where the Geotechnical Engineer or Engineering Geologist recommends otherwise.
Such sub-drainage systems shall be of a material and design approved by the Geotechnical Engineer and acceptable to the Building Official. The Geotechnical Engineer shall provide continuous inspection during the process of subdrain installations. The location of the subdrains shall be shown on a plan prepared by the Geotechnical Engineer. Excavations for the subdrains shall be inspected by the Engineering Geologist when such subdrains are included in the recommendations of the Engineering Geologist. {Ord. 2019-0056 § 86, 2019.)
J107.3 Benching.
Where existing grade is at a slope steeper than one unit vertical in five units horizontal {20 percent slope) and the depth of the fill exceeds 5 feet {1524 mm), benching shall be provided into sound bedrock or other competent material as determined by the Geotechnical Engineer in accordance with Figure J107.3, or as determined by the Geotechnical Engineer. When fill is to be placed over a cut, a key shall be provided that is not less than 10 feet (3048 mm) in width and 2 feet {610 mm) in depth. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be constructed thereon. The Geotechnical Engineer or Engineering Geologist, or both, shall inspect and approve the cut as being suitable for the foundation and placement of fill material before any fill material is placed on the excavation.
(Ord. 2019-0056 § 86, 2019.)
J107.4 Fill material.
Fill material shall not include organic, frozen1 or other deleterious materials. Rock or similar irreducible material greater than 12 inches {305 mm) in any dimension shall not be included in fills.
Created: 2022-08-26 09:30:51 [EST]
(Supp. No. 134, Update 2)
Exception: The Building Official may permit placement of larger rock when the Geotechnical Engineer properly devises and recommends a method of placement, and continuously inspects the placement and approves the fill stability. The following requirements shall also apply:
L Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than 12 inches (0.3 m) in maximum dimension shall be 10 feet (3.0 m) or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
4. The reports submitted by the Geotechnical Engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the engineer1s recommendations and the approved plans.
5. The location of oversized rock dispersal areas shall be shown on the as-built plan. (Ord. 2019-0056 § 86, 2019.)
J107.5 Compaction.
All fill material shall be compacted to a minimum of 90 percent of maximum density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth within 40 feet (12.2 m) below finished grade and 93 percent of maximum dry density deeper than 40 feet (12.2 m) below finished grade, unless a lower relative compaction (not less than 90 percent of maximum dry density) is justified by the Geotechnical Engineer and approved by the Building Official. Where ASTM D1557, Modified Proctor, is not applicable, a test acceptable to the Building Official shall be used.
Field density shall be determined by a method acceptable to the Building Official. However, not less than ten percent of the required density tests, uniformly distributed, shall be obtained by the Sand Cone Method.
Fill slopes steeper than 2 units horizontal to 1 unit vertical (SO-percent slope) shall be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is to be removed prior to completion or rough grading, Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official that the angle of slope, construction method, and other factors will comply with the intent of this Section.
(Ord. 2019-0056 § 86, 2019.)
J107.6 Maximum slope.
The slope offill surfaces shall be not steeper than is safe for the intended use. Fill slopes steeper than one unit vertical in two units horizontal (SO-percent slope) shall be justified by geotechnical reports conforming to the requirements of Section 111, containing a statement by the Geotechnical Engineer that the site has been investigated and an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the fill slope to be constructed with a face flatter in slope than 2 units horizontal to 1 unit vertical (50- percent slope) if the Building Official finds it necessary for stability and safety of the slope. (Ord. 2019-0056 § 86, 2019.)
Created: 2022-08-26 09:30:51 [EST]
{Supp, No. 134, Update 2)
J107.7 Slopes to receive fill.
Where fill is to be placed above the top of an existing slope steeper than 3 units horizontal to 1 unit vertical (33- percent slope), the toe of the fill shall be set back from the top edge of the existing slope a minimum distance of 6 feet (1.8 m) measured horizontally or such other distance as may be specifically recommended by a Geotechnical Engineer or Engineering Geologist and approved by the Building Official. (Ord. 2019-0056 § 86, 2019.)
J107 .8 Inspection of fill.
For engineered grading, the Geotechnical Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to ensure that the work is performed in accordance with the conditions of plan approval and the appropriate requirements of this Appendix. In addition to the above, the Geotechnical Engineer shall provide continuous inspection during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (9.1 m) or result in a slope surface steeper than 2 units horizontal to 1 unit vertical {SO-percent slope). (Ord. 2019-0056 § 86, 2019.)
J107.9 Testing of fills.
Sufficient tests of the fill soils shall be made to determine the density and to verify compliance of the soil properties with the design requirements. This includes soil types and shear strengths in accordance with Section Jlll Referenced Standards.
(Ord. 2019-0056 § 86, 2019.)
SECTION J108 SETBACKS
J108.1 General.
Cut and fill slopes shall be set back from the property lines in accordance with this Section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks and reduced setbacks are recommended in a geotechnical engineering and engineering geology report approved by the Building Official. (Ord. 2019-0056 § 87, 2019.)
J108.2 Top of slope.
The setback at the top of a cut slope shall be not less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater. For graded slopes, the property line between adjacent lots shall be at the apex of the berm at the top of the slope. Property lines between adjacent lots shall not be located on a graded slope steeper than 5 units horizontal to 1 unit vertical (20- percent slope). (Ord. 2019-0056 § 87, 2019.)
Created: 2022-08-26 09:30:51 [EST]
(Supp. No. 134, Update 2)
J108.3 Toe of fill slope protection.
The setback from the toe of a fill slope shall not be less than that shown by Figure J108.1. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official, shall be included. Examples of such protection may include but shall not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
(Ord. 2019-0056 § 87, 2019.)
J108.4 Alternate setbacks.
The Building Official may approve alternate setbacks if he or she determines that no hazard to life or property will be created or increased. The Building Official may require an investigation and recommendation by a qualified engineer or Engineering Geologist to justify any proposed alternate setback. (Ord. 2019-0056 § 87, 2019.)
PROPERTY
LINE
I Hl2BUT2FT,(0.6m). TOEOF
MINIMUM AND NEEO • SLOPE
NOTEXCEE02(Jf~
(6.0 m) MAX•MUM !
1 CUT OR
ENGINEERED
FILL SLOPE
NATURAL OR FINISHED GRADE
(Ord. 2019-0056 § 88, 2019.)
FIGURE J108.1
SETBACK DIMENSIONS
SECTION J109 DRAINAGE AND TERRACING
J109.1 General.
PROPERTY
LINE
I
NATURAL
GRAOE
INTERCEPTOR DRAIN
(IF REOU!REO)
Unless otherwise recommended by a licensed Civil Engineer and approved by the Building Official, drainage facilities and terracing shall be provided in accordance with the requirements of Section J109.2 for all cut and fill slopes 3 units horizontal to 1 unit vertical (33-percent slope) and steeper.
Created: 2022-08-26 09:30!51 [EST]
(Supp. No. 134, Update 2)
For slopes flatter than 3 units horizontal to 1 unit vertical {33-percent slope) and steeper than 5 units horizontal to 1 unit vertical {20-percent slope), a paved swale or ditch shall be installed at 30 foot {9.1 m) vertical intervals to control surface drainage and debris. Swales shall be sized based on contributory area and have adequate capacity to convey intercepted waters to the point of disposal as defined in Section J109.5. Swales must be paved with reinforced concrete not less than 3 inches {0.08 m) in thickness, reinforced with 6-inch {0.2 m) by 6- inch (0.2 m) No. 10 by No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an equivalent approved by the Building Official. Swales must have a minimum flow line depth of 1 foot (0.3 m) and a minimum paved width of 18 inches (0.5 m). Swales shall have a minimum gradient of not less than 5 percent.
There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade.
Exception: Mine sites covered by a conditional use permit and reclamation plan shall use drainage and terracing that conforms to the Guidelines for Drainage and Erosion Control for Open-Pit Mines, Irwindale, California in lieu of the requirements outlined in Section J109.
{Ord. 2019-0056 § 89, 2019.)
J109.2 Drainage terraces.
Drainage terraces not less than 8 feet {2.4 m) in width shall be established at not more than 30-foot {9144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris. When only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than 100 feet {30.5 m) and up to 120 feet {36.6 m) in vertical height, one terrace at approximately mid-height shall be 20 feet {6.1 m) in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet {36.6 m) in height shall be designed by the Civil Engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance.
Drainage swales on terraces shall have a longitudinal grade of not less than 5 percent nor more than 12 percent and a minimum depth of 1 foot {0.3 m) at the flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Drainage swales must be paved with reinforced concrete not less than 3 inches {0.8 m) in thickness, reinforced with 6-inch {0.2 m) by 6-inch {0.2 m) No. 10 by No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equal paving. Drainage swales shall have a minimum depth at the deepest point of 1 foot {0.3 m) and a minimum paved width of 5 feet {1.5 m). Drainage swales on terraces shall be sized based on contributory area and have adequate capacity to convey intercepted waters to the point of disposal as defined in Section J109.5. Downdrains or drainage outlets shall be provided at approximately 300 foot {91.4 m) intervals along the drainage terrace or at equivalent locations. Down drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in Section J109.5.
{Ord. 2019-0056 § 89, 2019.)
J109.3 Interceptor drains and overflow protection.
Berms, interceptor drains, swales, or other devices shall be installed along the top of cut slopes to prevent surface waters from overflowing onto and damaging the face of a slope. Berms used for slope protection shall not be less than 12 inches {0.3 m) above the level of the pad and shall slope back at least 4 feet (1.2 m) from the top of the slope.
Interceptor drains shall be installed along the top of graded slopes greater than 5 feet in height receiving drainage from a slope with a tributary width greater than 30 feet {9.1 m), measured horizontally. They shall have a minimum depth of 1 foot {305 mm) and a minimum width of 3 feet {915 mm). The slope shall be approved by the Created: 2022-08-26 09: 30; 51 [EST]
(Supp. No. 134, Update 2)
Building Official, but shall be not less than one unit vertical in 50 units horizontal (2-percent slope). The drain shall be paved with concrete not less than 3 inches (76mm) in thickness, or by other materials suitable to the application, and reinforced as required for drainage terraces. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the Building Official. (Ord. 2019-0056 § 89, 2019.)J109.4 Drainage Across Property Lines.
Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices. (Ord. 2019-0056 § 89, 2019.)
J109.5 Disposal.
All drainage facilities shall be designed to convey waters to the nearest- practicable street, storm drain, or natural watercourse or drainage way approved by the Building Official or other appropriate governmental agency, provided that the discharge of such waters at that location will not create or increase a hazard to life or property.
Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers, or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.
Building pads shall have a minimum drainage gradient of 2 percent toward an approved drainage facility or a public street unless otherwise directed by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the Building Official finds such modification will not result in a hazard to life or property. (Ord. 2019-0056 § 89, 2019.)
SECTION JllO SLOPE PLANTING AND EROSION CONTROL
Jll0.1 General.
The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall consist of effective planting, erosion control blankets, soil stabilizers, or other means as approved by the Building Official.
Exception:
1. Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosionresistant character of the materials, as approved by the Project Consultants to the satisfaction of the Building Official.
2. Mine sites covered by a conditional use permit and reclamation plan shall use the slope planting and erosion control measures that conforms to the Guidelines for Drainage and Erosion Control for Open-Pit Mines, Irwindale, California in lieu of the requirements outlined in Section JllO.
Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection.( Ord. 2019-0056 § 90, 2019.)Jll0.2 Other Devices.
Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
Created: 2022-08-26 09;30:51 [EST]
{Supp. No. 134, Update 2)
(Ord. 2019-0056 § 90, 2019.)
J110.3 Planting.
The surface of all cut slopes more than 5 feet (1.5 m) in height and fill slopes more than 3 feet (0.9 m) in height shall be protected against damage from erosion by planting with grass or ground cover plants. Slopes exceeding 15 feet (4.6 m) in vertical height shall also be planted with shrubs, spaced at not to exceed 10 feet (3 m) on center, or trees, spaced at not to exceed 20 feet (6.1 m) on center; or a combination of shrubs and trees at an equivalent spacing, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site.
Plant material shall be selected that will produce a coverage of permanent planting to effectively control erosion. Consideration shall be given to deep-rooted plant material needing limited watering, maintenance, high root to shoot ratio, wind susceptibility, and fire-retardant characteristics. All plant materials must be approved by the Building Official.
Planting may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting methods, fire-retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative planting will provide a permanent and effective method of erosion control. Modifications to planting must be approved by the Building Official prior to installation.
(Ord. 2019-0056 § 90, 2019.)
J110.4 Irrigation.
Slopes required to be planted by Section Jll0.3 shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted to and approved by the Building Official prior to installation. A functional test of the system may be required.
For slopes less than 20 feet (6.1 m) in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet (15.2 m) is necessary for irrigation.
Irrigation requirements may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, plant types, planting methods, fire-retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative irrigation method will sustain the proposed planting and provide a permanent and effective method of erosion control. Modifications for irrigation systems must be approved by the Building Official prior to installation. (Ord. 2019-0056 § 90, 2019.)
J110.5 Plans and specifications.
Planting and irrigation plans shall be submitted for slopes that are required to be planted and irrigated pursuant to Sections 1110.3 and Jll0.4. Except as otherwise required by the Building Official for minor grading, the plans for slopes 20 feet (6.1 m) or more in vertical height shall be prepared and signed by a Civil Engineer or Landscape Architect If requested by the Building Official, planting and irrigation details shall be included on the grading plan. (Ord. 2019-0056 § 90, 2019.)
Created: 2022-08-26 09:30:51 [EST]
(Supp. No. 134, Update 2)
Jll0.6 Rodent control.
Fill slopes shall be protected from potential slope damage by a preventative program of rodent control. (Ord. 2019-0056 § 90, 2019.)
JllO. 7 Release of security.
The planting and irrigation systems required by this Section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes and there shall be evidence of an effective rodent control program. (Ord. 2019-0056 § 90, 2019.)
Jll0.8 National Pollutant Discharge Elimination System (NPDES) compliance.
Jll0.8.1 General.
All grading plans and permits and the owner of any property on which such grading is performed shall comply with the provisions of this Section for NPDES compliance.
All best management practices shall be installed before grading begins or as instructed in writing by the Building Official for unpermitted grading as defined by Section J103.3. As grading progresses, all best management practices shall be updated as necessary to prevent erosion and to control construction-related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the Building Official until final grading approval has been granted by the Building Official and all permanent drainage and erosion control systems, if required, are in place. Failure to comply with this Section is subject to "Noncompliance Penalties" pursuant to Section Jll0.8.5. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work. (Ord. 2019-0056 § 90, 2019.)
Jll0.8.2 Storm Water Pollution Prevention Plan (SWPPP).
The Building Official may require a SWPPP. The SWPPP shall contain details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction-related pollutants that originate from the site as a result of construction-related activities.
When the Building Official requires a SWPPP, no grading permit shall be issued until the SWPPP has been submitted to and approved by the Building Official.
For unpermitted grading as defined by Section J103.3 upon written request, a SWPPP in compliance with the provisions of this Section and Section 106.4.3 for NP DES compliance shall be submitted to the Building Official.
Failure to comply with this Section is subject to "Noncompliance Penalties" per Section Jll0.8.5. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work.
(Ord. 2019-0056 § 90, 2019.)
Created: 2022-08-26 09:30:51 [EST]
(Supp. No. 134, Update 2)
Jll0.8.3 Erosion and Sediment Control Plans (ESCP).
Where a grading permit is issued and the Building Official determines that the grading will not be completed prior to November 1, the owner of the site on which the grading is being performed shall, on or before October 1, file or cause to be filed with the Building Official an ESCP. The ESCP shall include specific best management practices to minimize the transport of sediment and protect public and private property from the effects of erosion, flooding, or the deposition of mud, debris, or construction-related pollutants. The best management practices shown on the ESCP shall be installed on or before October 15. The plans shall be revised annually or as required by the Building Official to reflect the current site conditions.
The ESCP shall be accompanied by an application for plan checking services and plan-checking fees in an amount determined by the Building Official, up to but not exceeding 10 percent of the original grading permit fee.
Failure to comply with this Section is subject to "Noncompliance Penalties" pursuant to Section Jll0.8.5.
Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work.
(Ord. 2019-0056 § 90, 2019.)
Jll0.8.4 Storm Water Pollution Prevention Plan (SWPPP), effect of noncompliance.
Should the owner fail to submit the SWPPP or the ESCP as required by Section 1110.8, or fail to install the best management practices, it shall be deemed that a default has occurred under the conditions of the grading permit security. The Building Official may thereafter enter the property for the purpose of installing, by County forces or by other means, the drainage, erosion control, and other devices shown on the approved plans, or if there are no approved plans, as the Building Official may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris, or constructed-related pollutants.
The Building Official shall also have the authority to impose and collect the penalties imposed by Section 1110.8.5. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work.
(Ord. 2019-0056 § 90, 2019.)
Jll0.8.5 Noncompliance penalties.
The amount of the penalties shall be as follows:
1. If a SWPPP or an ESCP is not submitted as prescribed in Sections 1110.8.2 and Jll0.8.3:
Grading Permit Volume Penalty
1-10,000 cubic yards (1-7645.5 m3 ) $50.00 per day
10,001-100,000 cubic yards (7646.3-76455 m3 } $250.00 per day More than 100,000 cubic yards (76455 m3 } $500.00 per day
2. If the best management practices for storm water pollution prevention and wet weather erosion control, as approved by the Building Official, are not installed as prescribed in this Section Jll0.8:
Created: 2022-08-26 09:30:51 [ESTJ
(Supp. No. 134, Update 2)
Grading Permit Volume Penalty
1-10,000 cubic yards (1-7645.5 m3 ) $100.00 per day
10,001-100,000 cubic yards (7646.3-76455 m3 ) $250.00 per day More than 100,000 cubic yards (76455 m3 ) $500.00 per day NOTE: See Section 108 for inspection request requirements. (Ord. 2019-0056 § 90, 2019.)
SECTION J111 REFERENCED STANDARDS
These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods, or means of conforming to such standards, provided such alternate has been approved by the Building Official.
The Building Official shall approve such an alternate provided they determine that the alternate is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, durability, and safety.
The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.
The standards listed below are recognized standards. Compliance with these recognized standards shall be prima facie evidence of compliance with the standards set forth in Sections J104 and J107.
ASTM D 1557 - Latest Laboratory Characteristics Compaction of Soil J107.5 Revision Using Modified Effort
ASTM D 1556 - Latest Density and Unit Weight of Soils In Place by the J104.2.3, J104.3 and Revision Sand Cone Method J107.9
ASTM D 2167 - Latest Density and Unit Weight of Soils In Place by the J104.2.3, J104.3 and Revision Rubber Balloon Method J107.9
ASTM D 2937 - Latest Density of Soils in Place by the Drive Cylinder J104.2.3, J104.3 and Revision Method J107.9
ASTM D 2922 - Latest Density of Soil and Soil Aggregate In Place by J104.2.3, J104.3 and Revision Nuclear Methods J107.9
ASTM D 3017 - Latest Water Content of Soil and Rock in Place by J104.2.3, J104.3 and Revision Nuclear Methods J107.9
Guidelines for Above-Water Backfilling of Open Pit Mines, Irwindale, California, Irwindale Drainage and Erosion Control Committee, November 23, 2005
Guidelines for Drainage and Erasion Control for Open Pit Mines, Irwindale, California, Irwindale Drainage and created; 2022-08-26 09:30:51 [EST]
(Supp. No.134, Update 2)
Erosion Control Committee, July 6, 2004
Guidelines for Underwater Backfilling of Open Pit Mines, Irwindale, California, Irwindale Drainage and Erosion Control Committee, May 20, 2005
Guidelines for Stability Analyses of Open-Pit Mine Slopes, Irwindale, California, Irwindale Slope Stability Committee, December 24, 2003
Irwindale Mining Bulletin No.1, Settlement of Mine Backfills, November 22, 2022 (Ord. 2019-0056 § 91, 2019.)
Created: 2022-08-26 09:30:51 [EST)
{Supp. No. 134, Update 2)
Electronic Payments
Successor Agency
December 2022
December l - 31, 2022
IRWINDALE
Number Vendor Name Date Amount
5232294 2006 TA Rof Prty Bd 12/1/2022 1,853,323.75
5231625 2014 TA Rfdg Pty Bd 12/1/2022 42,675.00
5291005 2005 Txble Hsg Tax Allocation Prty Bond 12/15/2022 174,748.00 5291301 2014 Txble Hsg Tax Allocation 12/15/2022 19,684.38 Report Total: 2,090,431.13
SA Item 1B