drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FAA rules and any applicable laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA's enforcement capabilities.
8.52.020 Definitions
For the purposes of this Chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used.
A. "Drone" means any unmanned aircraft system (UAS).
B. "Emergency Response" means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts.
C. "FAA" means the United States Federal Aviation Administration.
D. "Special Event" means any event held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but it not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events.
E. "Unmanned Aircraft System" or "UAS" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.
F. "Visual Line of Sight" means that the operator or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a visual observer in direct contact with the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. The use of vision-enhancing devices, such as binoculars, nightvision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from or of the UAS do not constitute visual line of sight of the operator or a visual observer.
8.52.030 Local Regulations of UAS
A. No person shall takeoff or land a UAS under the following circumstances:
a. Outside of the person's visual line of sight.
b. Within 25 feet of another individual, except the operator or the operator's designee.
c. On private property without the consent of the property owner. d. Within five hundred (500) feet of any special event or any emergency response without the approval of a temporary use permit by the Community Development Director.
e. That has any type of weapon attached to it.
Ordinance No. 2017-1047
f. In violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.
B. No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another.
8.52.040 Exemptions
A. This Chapter shall not prohibit the use of UAS by any public safety agency for lawful purposes and in a lawful manner.
SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the adoption of Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Title 14 California Code of Regulations Sections 15061 (b)(3), in that it can be seen with certainty that the adoption of the Ordinance is not a project, and further, that it proposes no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 5: Severability. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law.
Ordinance No. 2017-1047
Page4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda at a regular meeting held on the 7th day of November, 2017.
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
CITY ATTORNEY
PEGGY HUANG, MAYOR
CITY OF YORBA LINDA
Ordinance No. 2017-1047
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Yorba Linda, held at the 7th day of November, 2017, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
0City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: March 8, 2023
City if
IRWINDALE
AGENDA REPORT
CC Item N-5
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Introduction and First Reading of Ordinance No. 767 Pertaining to Amendment of Sections 5.04.060, 5.04.070, 5.04.270, 5.04.410, and
5.04.420 of Chapter 5.04 of Title 5 of the Irwindale Municipal Code Related to the Dispute of Business Taxes, Licenses and Regulations City Manager's Recommendation:
It is recommended that the Irwindale City Council introduce for first reading by title only and with further reading waived, Ordinance No. 767 entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTIONS
5.04.060, 5.04.070, 5.04.210, 5.04.270, 5.04.410, AND 5.04.420 OF CHAPTER 5.04 ("GENERAL REGULATIONS") OF TITLE 5 ("BUSINESS TAXES, LICENSES AND REGULATIONS") OF THE IRWINDALE MUNICIPAL CODE RELATED TO THE DISPUTE OF BUSINESS TAXES, LICENSES AND REGULATIONS".
Administrative Action:
Prepared & Submitted by:
Julian A. Miranda, City Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Electronically Approved
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Chapter 5.04 of the Irwindale Municipal Code ("IMC") defines the general regulations of business taxes, licenses, and regulations within the City. Within the Chapter, the City Attorney is vested with certain final decision making authority, with regard to disputes regarding business licenses, taxes, and regulations.
The Charter of the City of Irwindale ("Charter'') Sections 704, 705, and 706 create the office of the City Attorney and grant the office specific duties. Under Charter Section 705, the City Attorney acts as the legal advisor of the City and its officers, defends the City in all matters in civil litigation, prosecutes violations of City ordinances, and performs other duties required by the City Council. Thus, the authority granted by IMC Chapter 5.04 exceeds the scope of the City Attorney's duties as set forth in the City Charter.
Charter Sections 702 and 703 create the office of the City Manager and provide that the office's duties shall be provided under the Municipal Code. The City Manager's powers and duties, defined under IMC Section 2.08.050, include enforcing all laws, rules, and regulations of the City (subsection A), preparing the annual budget and submitting the same to the City Council together with his recommendations (subsection B), and keeping the City Council at all times fully advised as to the financial condition of the city (subsection C). Additionally, the City Manager is the administrative head of the City, and is responsible for the operation of all city departments, providing leadership, direction, and guidance. The City Manager leads the City's Administration Department, which strives to provide excellent customer service to decision-makers, City departments, employees, businesses and the public.
Amending Chapter 5.04 to rescind the authority granted to the City Attorney and vest that authority with the City Manager would streamline internal processes regarding licensing and fees. The City Manager is better positioned to make strategic business decisions that align with the City's administrative goals. Further, City staff already serve as the main point of contact for any business regarding their licenses, permits, or fees within the City.
City staff is therefore recommending that the City Council adopt Ordinance No 767, amending Chapter 5.04 of the IMC to rescind the authority granted to the City Attorney and vest that authority with the City Manager in order to more closely align with the duties of City officers as set forth in the City Charter and IMC.
Attachments:
Ordinance No. 767 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTIONS 5.04.060, 5.04.070, 5.04.210, 5.04.270, 5.04.410, AND 5.04.420 OF CHAPTER 5.04 ("GENERAL REGULATIONS") OF TITLE 5 ("BUSINESS TAXES, LICENSES, AND REGULATIONS") OF THE IRWINDALE
MUNICIPAL CODE RELATED TO THE DISPUTE OF BUSINESS TAXES, LICENSES AND REGULATIONS"
Ordinance No.
Business Taxes, Licenses and Regulations
ORDINANCE NO. 767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AMENDING SECTIONS 5.04.060, 5.04.070,
5.04.210, 5.04.270, 5.04.410, AND 5.04.420 OF CHAPTER
5.04 ("GENERAL REGULATIONS") OF TITLE 5
("BUSINESS TAXES, LICENSES, AND REGULATIONS") OF
THE IRWINDALE MUNICIPAL CODE RELATED TO THE
DISPUTE OF BUSINESS TAXES, LICENSES AND
REGULATIONS
WHEREAS, Chapter 5.04 of Title 5 of the Irwindale Municipal Code ("IMC") defines the general regulations pertaining to business taxes, licenses and regulations within the City; and
WHEREAS, within IMC Chapter 5.04, the City Attorney is vested with certain final decision making authority regarding disputes relating to business taxes, licenses, and regulations; and
WHEREAS, under Section 705 of the Charter of the City of Irwindale, the City Attorney's duties include, but are not limited to, acting as the legal advisor of the City and its officers, defending the City in all matters in civil litigation, and prosecuting violations of City ordinances; and
WHEREAS, the authority granted by IMC Chapter 5.04 exceeds the scope of the City Attorney's duties as set forth in the City Charter; and WHEREAS, the Charter of the City of Irwindale Sections 702 and 703 create the office of the City Manager and provide that the office's duties shall be provided under the IMC; and
WHEREAS, under IMC Section 2.08.050, the City Manager's duties include, but are not limited to, enforcing all laws, rules, and regulations of the City, preparing the annual budget and submitting the same to the City Council together with his recommendations, and keeping the City Council at all times fully advised as to the financial condition of the city; and WHEREAS, the City Manager is the administrative head of the City, and is responsible for the operation of all city departments, providing leadership, direction, and guidance, and leading the City's Administration Department, which strives to provide excellent customer service to decision-makers, City departments, employees, businesses and the public; and
WHEREAS, the City Manager's office is more appropriately vested with decision making authority regarding business taxes, licenses, and regulations as set forth in Chapter
5.04; and
Ordinance No. 767
WHEREAS, the City Council now wishes to amend Chapter 5.04 of Title 5 of the IMC to rescind the authority granted to the City Attorney, and vest that authority with the City Manager in order to more closely align with the duties of City officers as set forth in the City Charter and IMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Irwindale finds the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 5.04.050 ("City Clerk- License collector and custodian of funds") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
"The city clerk and/-Or his authorized deputy or his or her authorized designee, shall serve as license collector and shall be the custodian of all funds collected thereunder until transferred to the city treasurer. All references to the City Clerk throughout this chapter shall mean and refer to the City Clerk or his or her authorized designee. All funds collected by the license collector under Chapters 5.04 through 5.16 shall be deposited daily with the city treasurer."
SECTION 3. Section 5.04.060 ("City Clerk- Additional Powers") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
"The city clerk shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any statement required for a period of not to exceed thirty days, and in such case waive any penalty that would have otherwise accrued, and, with the approval of the council and the written approval of the city attorney city manager, to compromise any claim for license fee subject to the provisions of Chapters
5.04 through 5.16."
SECTION 4. Section 5.04.070 ("Application - Form - Filing") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
"All applications for license shall be in writing upon a form approved by the city attorney and issued by the city clerk. The applicant, in addition, shall submit any further information or evidence in writing as required by the city clerk, or the city attorney city manager, or other designated agency of the Ordinance No. 767
city. The application shall be verified by the applicant and shall be filed with the city clerk or his or her designee. The city clerk shall send copies of the application to those officers and departments designated in Chapters 5.04 through 5.16, and to any other that may be designated by the city council." SECTION 5. Subsection A of Section 5.04.210 ("License fees - Payable in Advance - Computation") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
"A. The city council may, upon its own motion, or upon the written charges filed by the city clerk or his deputy or the eity attorney city manager, give notice to any licensee or permittee to appear before the city council at a time and place set for such hearing to show cause, if there may be any, why the license or permit issued to the licensee or permittee shall not be revoked or suspended. The notice shall state the grounds for complaint or reasons for suspension in clear and concise language."
SECTION 6. Subsection A of Section 5.04.270 ("License fees - Payable in Advance - Computation") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
"A. All license fees shall be paid in advance to the city clerk in lawful money of the United States. The amount to be paid shall be determined by the city clerk in accordance with the terms and provisions of Chapters 5.04 through
5.16. In case of dispute, the decision of the eity attorney city manager as to the amount to be paid pursuant to the provisions of Chapters 5.04 through
5.16 shall be final."
SECTION 7. Subsection B of Section 5.04.410 ("Exemptions - Interstate Commerce") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in stril~ethrough; new text, if any, is shown in bold & italics):
"B. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license. In case of dispute, the decision of the eity attorney city manager is final."
SECTION 8. Section 5.04.420 ("Exemptions - Under Other Provisions of State Law") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics):
Ordinance No. 767
"Every person claiming to be entitled to an exemption from payment of any license fee provided for in Chapters 5.04 through 5.16, upon the ground that such license fee is exempt under state law, shall file a verified statement with the city clerk disclosing the character of the business entitling such exemption.
The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that the person, organization or firm comes within the exemption of state law.
Additional information shall be supplied to the city clerk or city attorney city manager, upon request in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city attorney city manager shall be final."
SECTION 9. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 10. Certification and Effective Date. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted at the designated locations in the City of Irwindale. This ordinance shall be in effective on the thirtieth (30th) day after the day of its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 22nct day of March, 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 767
Page4
H. Manuel Ortiz, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 767 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on March 8, 2023, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on March 22, 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, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 767 adopted by the City Council of the City of Irwindale at its regular meeting held March 22, 2023, to be posted at the City Hall, Library, and Post Office on March 23, 2023.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Dated: _________ _
Ordinance No. 767
IZl City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: March 8, 2023
C!lyif
IRWINDALE
AGENDA REPORT
cc Item 0-1
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Proposition 218 Public Hearing Regarding Proposed Increases to Existing Solid Waste Rates
City Manager's Recommendation:
That the City Council hold a Proposition 218 Public Hearing on Proposed Increases to Existing Solid Waste Rates, and assuming there is not a majority protest, adopt Resolution No. 2023-21-3399 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE RATIFYING, APPROVING, AND ADOPTING INCREASES
TO EXISTING SOLID WASTE RATES AS SET FORTH IN THE FOURTH AMENDMENT
TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR WASTE HAULING SERVICES BY AND BETWEEN THE CITY OF IRWINDALE AND ARKELIAN ENTERPRISES, INC.
DBAATHENS SERVICES, IN ACCORDANCE WITH PROPOSITION 218." Administrative Action:
Submitted & Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer Electronically Approved Approved by:
Julian A. Miranda, City Manager
I
Background:
01005.0014/862799.1 Page 1
On January 12, 2022, the City Council adopted Ordinance No. 759, adding Chapter 8.22 to the Municipal Code, regarding specific regulations for organic waste disposal, reduction, recycling, and solid waste collection, in order to enact regulations in compliance with Senate Bill 1383, implementing food and organics recycling and related solid waste and recycling processing.
The City's Waste Hauler, Athens Services, and City Staff worked together to develop a Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services between the City of Irwindale and Athens Services that will assist the City in meeting the SB 1383 regulatory requirements and additional services.
On November 17, 2022, the City Council approved the Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services. The changes in law necessitated certain modified or additional services to be reflected in the Franchise Agreement in order to further the City's efforts to comply with applicable law. As a result, the cost of collecting, disposing of, and diverting solid waste, recyclables, yard waste, and organic waste to Athens Services is anticipated to increase.
In order to account for these cost increases and pursuant to Proposition 218 (1996), staff has published a notice of a public hearing regarding proposed increases to existing solid waste rates. The notice was posted at the City's three posting locations - City Hall, Library, and Irwindale Post Office, and mailed to more than 1700 parcels and solid waste customers located in the City of Irwindale on January 20, 2023. The public hearing for the purpose of determining whether to impose the increased solid waste rates, and accepting protests is occurring at tonight's meeting.
There are a variety of laws and statutes that have resulted in why a local government is required to go through the Proposition 218 process. To better understand these laws, the Proposition 218 process as related to "fees" is outlined below:
Article XlllD, Section 6 of the California Constitution provides provisions on the application of all property-related taxes, assessments, fees, and charges, implemented by state statute or local government charter authority. This section of the California Constitution identities when these types of taxes, assessments, fees, and charges are imposed or approved, including the following:
1. An ad valorem property tax (assessed value of a real estate or personal property).
2. Special taxes received through two-thirds vote.
3. Assessments of reasonable cost having to do with a special benefit conferred on that parcel.
4. Fees or charges for property related services.
Proposition 218, through article XlllD of the Constitution, also introduced new rules governing "fees" or "charges" that relate to the ownership of property (sometimes called "property-related fees"). A fee subject to article XIII Dis one that is imposed "upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service." (Cal. Const. art. XIII D, § 2, subd. (e).) A property related Page2
service is one "having a direct relationship to property ownership." Fees or charges are subject to a number of procedural and substantive requirements. However, Proposition 218 provides little guidance and few requirements for the implementation offee increases, including Notice of Public Hearing, and distribution of the Notice of Public Hearing sent out 45-days prior to the public hearing to those parcels affected by any increases in the assessments, submittal of a ballot opposing the assessment, effective date of the assessment if not opposed, and contesting the validity of the assessment.
In order to account for this, staff established guidelines that apply to the hearing process and recommended these guidelines be adopted by City Council prior to the March 81h public hearing, in order to address many practical issues that may arise during a protest proceeding.
On February 22, 2023, City Council adopted Resolution No. 2023-18-3396, entitled, "A Resolution of the City Council of the City of Irwindale Establishing Guidelines for the Submission and Tabulation of Protests in Connection with the Proposed Increases to Existing Solid Waste Rates Public Hearing Conducted Pursuant to Article XlllD, Section 6 of the California Constitution and Propositions 13 (1978), 218 (1996) and 26 (2010)." Analysis:
The City of Irwindale is going through the Proposition 218 process because application of Proposition 218 to refuse collection and related services is still uncertain. The Parties agreed that the rates are set by Athens Services as a private contractor in the marketplace. It has been determined that Athens Services, as a private entity, can establish their solid waste/recycling rates. However, Athens Services collects a 15% Franchise Fee and a 4.78% Assembly Bill 939 Fee on behalf of the City of Irwindale. The City's role is limited to establishing rate ceilings for the protection of the City's residents and businesses, given the exclusive nature of the services provided. Therefore, only out of an abundance of caution, the City has elected to initiate the Proposition 218 process, with respect to approval or adjustment of the Maximum Rate Schedule as set forth in the Franchise Agreement.
The public hearing tonight allows for the city council to hear testimony from parcel owners or tenants/customers who pay for solid waste/recycling services. Any person who wishes to protest or provide any information regarding the proposed increases in existing solid waste rates must do so, in writing, prior to the public hearing or during the public hearing but prior to its conclusion and in compliance with the guidelines. The written protest must include the following:
• A statement that it is a protest against the proposed rate increases that is the subject of the hearing.
• Name of the record owner or customer of record who is submitting the protest; • Identification of assessor's parcel number or street address of the parcel with respect to which the protest is made;
01005.0014/862799.1 Page 3
• Original signature and legibly printed name of the record owner or customer of record who is submitting the protest.
If the number of protests received is insufficient to constitute a majority protest, the City Clerk may announce the absence of a majority protest in which case the protest process ends. The City Council can then move forward with a motion to approve or disapprove the proposed increases in solid waste fees. Staff is recommending that, assuming there is not a majority protest, the City Council adopt Resolution No. 2023-21-3399, approving the solid waste rate increases.
Fiscal Impact:
Athens Services is requesting a 3.57% special rate adjustment to their solid waste/recycling rates, which also will include an increase to the Franchise and AB 939 fees afforded to the City of Irwindale. This increase will result in an increase in revenue to the general fund and the AB 939 fund. In the event there is a majority protest, staff will have to meet and confer with Athens Services to determine the dollar amount lost by not implementing the 3.57% rate increase and the services needing to be adjusted. General Fund & AB 939 Fund will not be able to recognize these additional revenues either.
Attachment:
1. Resolution No. 2023-21-3399
2. Proposition 218 Notice
Page4
RESOLUTION NO. 2023-21-3399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
RATIFYING, APPROVING, AND ADOPTING INCREASES TO EXISTING
SOLID WASTE RATES AS SET FORTH IN THE FOURTH AMENDMENT TO
THE EXCLUSIVE FRANCHISE AGREEMENT FOR WASTE HAULING
SERVICES BY AND BETWEEN THE CITY OF IRWINDALE AND ARKELIAN ENTERPRISES, INC. OBA ATHENS SERVICES, IN ACCORDANCE WITH PROPOSITION 218
WHEREAS, on April 13, 2011, the City of Irwindale (City) and Arakelian Enterprises, Inc., dba Athens Services (Athens) entered into an Exclusive Franchise Agreement for Waste Hauling Services permitting Athens to exclusively provide waste hauling and street sweeping services in the City ("Agreement"); and WHEREAS, a First Amendment to the Agreement was approved by City Council on December 12, 2012 to include newly adopted California Legislation titled Assembly Bill 341 Mandatory Commercial Recycling, which became effective on July 1, 2012, and Assembly Bill 32 titled "The Global Warming Solutions Act of 2006." The First Amendment provided a new maximum rate schedule that would allow Athens to meet AB 341 requirements, which included the transportation, separation, and processing of all Solid Waste, Recyclables, and Green Waste to the Franchisee's Materials Recovery Facility/Transfer Station (MRF/TS) in the City of Industry. The amendment also allowed forthe development and implementation of a public awareness, outreach and education program on the City's Source Reduction and Recycling and the preparation for the planning, evaluation, and development of a MRF/TS to be located in the City; and
WHEREAS, on January 22, 2014, City Council approved a Second Amendment to the Agreement to implement a one-time 10% special rate increase on residential and commercial customers to account for the closing of the Puente Hills Landfill and the new transportation costs associated with hauling solid waste to the County of San Bernardino Landfill. The City hired R3 Consulting Group, Inc. to perform a comprehensive review of Athens' proposed rate increase, and concluded that the Athens' rate increase plan should result in significantly lower long-term rates; and
WHEREAS, a Third Amendment to the Agreement was approved by City Council on December 11, 2019 to include California Legislation titled Assembly Bill 1826 Mandatory Commercial Organics Recycling, which was signed into law in October 2014 by Governor Jerry Brown. This amendment focused on approving an Organics Recycling Program and Fee Schedule that would place the City and its business community in compliance with AB 1594, AB 1826, and a portion of SB 1383 as well as updates the Street Sweeping language; and Resolution No. 2023-21-3399
WHEREAS, on February 24, 2021, City Council entered into a Franchise & Facility Operations Agreement to establish Athens' right for an exclusive operation of a MRF/TS within City limits and the construction, operation and maintenance of MRF/TS facility.
WHEREAS, on January 12, 2022, the City Council adopted Ordinance No. 759, adding Chapter 8.22 to the Municipal Code, regarding specific regulations for organic waste disposal, reduction, recycling, and solid waste collection, in order to enact regulations in compliance with Senate Bill 1383. SB 1383 created the need for the City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste, implementing food and organics recycling and related solid waste and recycling processing; and
WHEREAS, Athens Services and City Staff worked together to develop a Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services between the City and Athens Services that will assist the City in meeting the SB 1383 regulatory requirements and additional services; and WHEREAS, on November 17, 2022, the City Council approved the Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services.
The changes in law necessitated certain modified or additional services to be reflected in the Franchise Agreement in order to further the City's efforts to comply with applicable law. As a result, the cost of collecting, disposing of, and diverting solid waste, recyclables, yard waste, and organic waste to Athens Services is anticipated to increase; and
WHEREAS, based on these proposed rate increases, the City of Irwindale is holding a Proposition 218 Public Hearing to consider and adopt maximum service rates with a special adjustment effective April 1, 2023, an annual rate adjustment formula effective July 1, 2023 for each of the next five years, and certain discounts, with certain City fees; and
WHEREAS, it has been determined that Athens Services, as a private entity, can establish their solid waste/recycling rates. However, Athens Services collects a 15% Franchise Fee and a 4.78% Assembly Bill 939 Fee on behalf of the City of Irwindale. The City's role is limited to establishing rate ceilings for the protection of the City's residents and businesses, given the exclusive nature of the services provided. Therefore, out of an abundance of caution, the City has elected to initiate the Proposition 218 process, with respect to approval or adjustment of the Maximum Rate Schedule as set forth in the Franchise Agreement; and WHEREAS, a notice of public hearing regarding the proposed increases to solid waste rates was posted and distributed in accordance with Proposition 218 and a public hearing was held by the City Council on March 8, 2023; and Resolution No. 2023-21-3399
WHEREAS, insufficient written protests were presented to prevent the proposed solid waste rates from being imposed; and
WHEREAS, all legal prerequisites prior to approval of the proposed solid waste rate increases have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council approves and ratifies the solid waste rate increases and maximum rate schedule as set forth in the Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services, and as set forth in Exhibit "A."
The Council hereby ratifies the Proposition 218 process and adopts the refuse rates as set forth in the Notice of Public Hearing mailed to all residential and commercial property owners on January 20, 2023, and pursuant to Proportion 218 finds as follows:
a) Fee for Service Provided Only: Revenues derived from the fee may not be used for any purpose other than that for which the fee was imposed. The fees collected are used to pay Athens Services for the refuse collection and disposal services it provides to the City's residential and commercial customers, and Athens' accrual of direct and unforeseen costs incurred as a result of changes of law necessitating increased costs related to SB 1383, including collecting, disposing of, and diverting solid waste, recyclables, yard waste, and organic waste. b) Fee not to Exceed Cost of Service: Revenues derived from the fee may not exceed the funds required to provide refuse service. The City's cost for refuse service is established by its agreement with Athens. It is found that Athens' fees are reasonable of providing service to the City's residential and commercial customers. This conclusion is further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, all of which evidence is incorporated herein by this reference.
c) Fee not to Exceed Proportional Cost: The amount of the fee may not exceed the proportional cost of the refuse service attributable to the parcel. Athens proposes that the proposed refuse rates are reasonably proportional and costbased, and meetthe general requirements of fairness and equity under Proposition 218. This conclusion is further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the 01005.0014/863317.1 Resolution No. 2023-21-3399
accompanying staff report and Fourth Amendment to the Exclusive Franchise Agreement, all of which evidence is incorporated herein by this reference.
SECTION 3. The City Council has fully considered this matter and has:
a) Reviewed the information submitted herewith regarding the proposed solid waste service rate adjustment for residential and commercial accounts, the parcels to which the proposed fee adjustment would apply, and the reasons and basis for the adjustment and the fees;
b) Provided notice of the proposed fee adjustment to the record owners (or renters responsible for payment of the fee) of all parcels to which the proposed fee adjustment would apply in accordance with Article XlllD of the California Constitution;
c) Heard and received all written protests from any owners (or renters) of real property subject to the fee;
d) Taken and received oral and documentary evidence pertaining to the proposed fee adjustment; and
e) Been fully informed of this matter.
SECTION 4. The City Council finds that insufficient written protests were presented to prevent the proposed solid waste rates from being imposed.
SECTION 5. The City Council finds that based on these facts and the circumstances and information received during the public hearing, the changes in residential and commercial refuse rates proposed by Athens are necessary and are hereby approved, ratified, and adopted, contingent upon there being no majority protest from a majority of all property owners under an omnibus protest by all those permitted to protest the proposed new rate system. (Morgan v. Imperial Irrigation District (2014) 223 Cal.App.4th 892.) Said refuse rates shall take effect as set forth in the Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services.
SECTION 6. The Chief Deputy City Clerk shall certify to the adoption of this resolution, which, shall in turn, have immediate effect.
PASSED, APPROVED, and ADOPTED this __ day of ___ 2023.
ATTEST:
Resolution No. 2023-21-3399
H. Manuel Ortiz, Mayor
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0014/863317.1 Resolution No. 2023-21-3399
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-21-3399 was adopted at an regular meeting of the Irwindale City Council held on the_ day of 2023, by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-21-3399
EXHIBIT "A"
Residential Barrels I Disoosal I Service I Net AB939 I FF I Gross I 3 96 Gallon Barrels** 12.19 18.37 I 30.56 1.821 5.71 I 38.09 I (Trash, Recycle & Organic)
1 Extra 96 Gallon Barrel 6.12 9.22 I 15.34 0.91 I 2.87 I 19.12 I ICommercial Barrels Disposal I Service I Net AB939 I FF I Gross I I Each 96 Gallon Barrel 39.64 I 18.27 I 57.91 3.45 I 10.83 I 72.19 I Bin Frequency Disposal Service Net AB939 FF Gross
1 1 36.54 134.89 171.43 10.21 32.05 213.69
1 2 73.14 203.28 276.42 16.47 51.68 344.57
1 3 109.69 266.21 375.90 22.40 70.28 468.58
1 4 146.25 321.38 467.63 27.86 87.44 582.93
1 5 182.82 408.30 591.13 35.22 110.53 736.88
1 6 219.36 509.19 728.55 43.42 136.23 908.20
Bin Frequency Disposal Service Net AB939 FF Gross
1.5 1 38.13 140.74 178.87 10.65 33.44 222.96
1.5 2 76.32 212.10 288.42 17.18 53.93 359.53
1.5 3 114.44 277.76 392.20 23.38 73.35 488.93
1.5 4 152.60 335.33 487.93 29.07 91.25 608.25
1.5 5 190.76 426.02 616.78 36.76 115.33 768.87
1.5 6 228.88 531.29 760.17 45.29 142.13 947.59
Bin Frenuenc\I Disoosal Service Net AB939 FF Gross
2 1 50.86 164.44 215.30 12.83 40.27 268.40
2 2 101.73 242.00 343.73 20.48 64.28 428.49
2 3 152.60 316.84 469.44 27.97 87.78 585.19
2 4 203.48 401.17 604.65 36.03 113.08 753.76
2 5 254.33 466.45 720.78 42.95 134.77 898.50
2 6 305.21 577.60 882.81 52.60 165.08 1,100.49
Bin Frenuencv Disposal Service Net AB939 FF Gross
3 1 76.32 168.94 245.26 14.62 45.86 305.74
3 2 152.60 258.43 411.03 24.49 76.85 512.37
3 3 228.88 328.69 557.57 33.23 104.25 695.05
3 4 305.21 410.40 715.61 42.64 133.80 892.05
3 5 381.50 494.97 876.47 52.22 163.88 1,092.57
3 6 457.81 597.07 1,054.88 62.86 197.24 1,314.98
Bin Freauencv Disnosal Service Net AB939 FF Gross
4 1 101.74 206.28 308.02 18.35 57.61 383.98
4 2 203.48 296.82 500.30 29.81 93.55 623.66
4 3 305.21 379.99 685.20 40.83 128.14 854. 17
4 4 406.94 458.47 865.41 51.57 161.82 1,078.80
4 5 508.68 552.84 1,061.52 63.25 198.49 1,323.26
4 6 610.43 668.52 1,278.95 76.22 239. 15 1,594.32
Sin Freauencv Disnosal Service Net AB939 FF Gross
6 1 152.60 246.66 399.26 23.79 74.66 497.71
6 2 305.22 347.48 652.70 38.88 122.05 813.63
6 3 457.81 429.76 887.57 52.89 165.97 1,106.43
6 4 610.43 545.83 1,156.27 68.89 216.20 1,441.36
6 5 763.02 647.61 1,410.63 84.05 263.76 1,758.44
6 6 tl/3. JV ' .• u l, 308.80 L, ,LU
Roll-off Service Net AB939 FF Gross
standard Rolt--0ff Plus Dump 303.96 303.96 18. 11 56.83 378.90 Comoactor .Roll-off Plus Du mo 337.56 337.56 20.11 63.13 420.80 Plus Dumo at MRF 124.92 124.92 7.44 23.37 155.73
Wash Out 310.54 310.54 .u. vo,07 387.11
Recycle bin rate is equal to the service component of corresponding rubbish rate above. 01005.0014/863317. 1 Resolution No. 2023-21-3399
30 Yard or Less RaJl.Off or Compactor Organics
Haul
Dis osal IT on
Primary Organic Barrels (35 Gallon Barrel)
1X
2X
3X
4X
5X
6X
Addltlonal ornanlc Barrels (35 Gallon Barrell
1X
2X
3X
4X
5X
6X
Primary Organic Barrels (64 Gallon Barrel)
1X
2X
3X
4X
5X
6X
Additional Oraanlc Barrels f64 Gallon Barrel)
1X
2X
3X
4X
5X
6X
1.5 Cubic Yard" First Bin
1X
2X
3X
4X
5X
6X
1.5 Cubic Yard. Each Additional Bin
1X
2X
3X
4X
sx
6X
2 Cubic Yard~ First Bin
1X
2X
3X
4X
5X
6X
2 Cubic Yard· Each Additional Bin
1X
2X
3X
4X
5X
6X
Resolution No. 2023-21-3399
Service Adj
319.61 11.41
133.46 4.76
Service Adj
80.02 2.86
138.59 4.95
197.18 7.04
255.75 9.13
314.33 11.22
372.92 13.31
Service Adj
68.02 2.43
117.79 4.21
167.59 5.98
217.39 7.76
267.18 9.54
316.98 11.32
Service Adj
106.69 3.81
184.79 6.60
262.90 9.39
341.00 12.17
419.12 14.96
497.22 17.75
Service Adi
90.69 3.24
157.07 5.61
223.46 7.98
289.85 10.35
356.25 12.72
422,63 15.09
Service Adi
225.69 8.06
439.30 15.68
652.92 23.31
666.53 30.94
1 080.15 38.56
1 293.76 46.19
1,293.76 46.19
Service Adj
165.14 6.61
358.23 12.79
531.29 18.97
704.38 25.15
677.46 31.33
1 050.54 37.50
Service Adj
278.43 9.94
543.74 19.41
809.05 26.68
1,074.34 38.35
1,339.65 47.83
1,604.95 57.30
Service Adj
237.91 8.49
462.66 16.52
687.43 24.54
912.20 32.57
1.136.96 40.59
1,361.72 48.61
New Service Not AB939 FF Gross
331.02 331.02 19.73 61.89 412.64
138.22 138.22 8.24 25.85 172.31
New service Not AB939 FF Gross
82.88 82.88 4.94 15.49 103.31
143.54 143.54 8.55 26.85 178.94
204.22 204.22 12.17 38.19 254.58
264.88 264.88 15.78 49.53 330.19
325.55 325.55 19.41 60.88 405.84
386.23 386.23 23.01 72.22 481.46
New Service Not AB939 FF Gross
70.45 70.45 4.20 13.17 87.82
122.00 122.00 7.27 22.82 152.09
173.57 173.57 10.34 32.46 216.37
225.15 225.15 13.42 42.10 280.67
276.72 276.72 16.48 51.73 344.93
328.30 328.30 19.56 61.38 409.24
New Service Not AB939 FF Gross
110.50 110.50 6.59 20.66 137.75
191.39 191.39 11.40 35.78 238.57
272.29 272.29 16.23 50.92 339.44
353.17 353.17 21.05 66.04 440.26
434.08 434.08 25.86 81.17 541.11
514.97 514.97 30.68 96.29 641.94
New Service Not AB939 FF Gross
93.93 93.93 5.58 17.57 117.08
162.68 162.68 9.69 30.42 202.79
231.44 231.44 13.79 43.28 288.51
300.20 300.20 17.90 56.12 374.22
368.97 368.97 21.99 68.99 459.95
437.72 437.72 26.09 81.85 545.66
New Service Not AB939 FF Gross
233.75 233.75 13.92 43.71 291.38
454.98 454.98 27.11 85.07 567.16
676.23 676.23 40.30 126.45 842.98
897.47 697.47 53.46 167.81 1118.76
1,116.71 1118.71 66.67 209.18 1,394.56
1,339.95 1 339.95 79.84 250.55 1,670.34
1,339.95
New Service Not AB939 FF Gross
191.75 191.75 11.43 35.66 239.04
371.02 371.02 22.11 69.38 462.51
550.26 550.26 32.79 102.90 685.95
729.53 729.53 43.47 136.41 909.41
906.79 908.79 54.15 169.93 1132.87
1,088.04 1 088.04 64.83 203.44 1,356.31
New Service Not AB939 FF Gross
268.37 288.37 17.18 53.92 359.47
563.15 563.15 33.56 105.30 702.01
837.93 837.93 49.93 156.69 1.044.55
1112.69 1,112.69 66.31 208.06 1 387.06
1 387.48 1 387.46 82.68 259.44 1,729.60
1,662.25 1,662.25 99.04 310.62 2,072.11
New Service Net AB939 FF Gross
246.40 246.40 14.69 46.08 307.17
479.20 479.20 28.55 89.60 597.35
711,97 711.97 42.42 133.13 887.52
944.77 944.77 56.31 176.66 1,177.74
1177.55 1177.55 70.17 220.19 1 467.91
1,410.33 1,410.33 84.03 263.71 1,758.07
Ootlonal Services & Other Charges Service SB1383Adj New Svc Not AB939 FF Gross All Accounts
Declined Pavment (Arly Reason) 33.36 1.19 34.55 34.55 2.05 6.45 43.05 st Service 33.36 1.19 34.55 34.55 2.05 6.45 43.05
Resume Service 33.36 1.19 34.55 34.55 2.05 6.45 43.05
All Accounts: OrQanic Container Contamination:
First Offense 50.00 50.00 2.44 7.50 59.94
Second Offense 100.00 100.00 4.87 15.00 119.87
Third Offense 250.00 250.00 12.18 37.50 299.68
Residential Cart Services
Extra BulKV Item Plck-Uo - First Jtem 27.94 1.00 28.94 28.94 1.72 5.41 36.07 Extra Bulkv Item Pick-Up - Each Additional Item 16.76 0.60 17.36 17.36 1.04 3.25 21.65 Temporan.r Bin Services
Temoorarv Bin Charae 186.82 6.67 193.49 193.49 11.53 36.19 241.21 Temoorarv Bin with Scout Service 246.88 8.81 255.69 255.69 15.24 47.82 318.75 Temnorarv Bin Lock Lid Installation- Per Lock 33.36 1.19 34.55 34.55 2.05 6.45 43.05 Temoorarv Bin Extra Dume 180.15 6.43 186.58 186.58 11.11 34.89 232.58 Commercial Bin Services
Permanent Bin Scout f Per Bin x Froouencv) 7.26 0.26 7.52 7.52 0.45 1.41 9.38 Permanent Bin lock Lid Installation - Per lock 33.36 1.19 34.55 34.55 2.05 6.45 43.05 Permanent Bin lock Lid Service- Per lock x Freauencv 16.02 0.57 16.59 16.59 0.98 3.11 20.68 Permanent Bin Clean-Out/Wash-Out 60.04 2.14 62.18 62.18 3.71 11.62 77.51 Permanent Bin Oraanlc Waste Contamination Fee 281.37 10.04 291.41 291.41 17.36 54.49 363.26 Permanent Bin Exira Dumo 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Excess Waste 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Excess Welaht 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Dead-Run or Go-Back 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin De!iverv 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Exchanae 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Removal 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Permanent Bin Bin Exchanae with Meta! Lids 240.22 8.58 248.80 248.80 14.83 46.52 310.15 Permanent Bin Bin Fabrication Charoe 306.92 10.96 317.88 317.88 18.93 59.44 396.25 Permanent Bin Waste Audit Fee 150.00 150.00 7.31 22.50 179.81 Industrial Roll-Off Services
Roll-Off Dead-Run or Go-Back 100.07 3.57 103.64 103.64 6.19 19.37 129.20 Roll-Off Relocation 133.46 4.76 138.22 138.22 8.24 25.85 172.31 Roll-Off Demurrane rPer Dav - If No Oumns ln 30 Davs) 20.01 0.71 20.72 20.72 1.24 3.87 25.83 Roll-Off Roll-Too Rental 66.74 2.38 69.12 69.12 4.12 12.92 86.16 Storaae Box Deliverv, Relocatlon, Removal 133.46 4.76 138.22 138.22 8.24 25.85 172.31 **Expiring June 30, 2032, each Single Family unlt will receive three Carts compris!ng of one 96-gallon black earl for Solid Waste, one 96-gal!on blue cart for source-separated Recyclable Materials, and one 96-gallon green cart for source-separated Organic Waste, collected once per week without charge. This excludes all other carts, services, and other fees provided to such customers or chargeable hereunder, whldl wm be billed directly to customers effective immediately.
01005.0014/863317.1 Resolution No. 2023-21-3399
.L
-... ~i'li~
ll!Ufill!!lllll
IRWINDALE
NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF IRWINDALE
REGARDING PROPOSED INCREASES TO EXISTING SOLID WASTE RATES To Business, Resident Property Owner:
This notice is to inform you the City of Council of the City of Irwindale ("City") will hold a public hearing to consider the adoption of new and increased rates for the collection and disposal of trash, recycling, and organic waste services within the City (collectively, "Solid Waste Services"). Solid Waste Services are performed by Arakelian Enterprises, Inc., dba Athens Services, the City's franchised solid waste, recycling, and organics collector/hauler. The public hearing will be held in-person and virtually at the City of Irwindale Council Chambers, located at 5050 N. Irwindale Avenue, Irwindale, CA 91706, on Wednesday, March 8, 2023 at 6:30 p.m. or as soon thereafter as the matter may be heard.
At the public hearing, the City Council will consider all public comments in support of and in opposition to the proposed rate increases and whether or not a majority protest exists pursuant to the California Constitution as stated below. If approved, the proposed rate adjustments would take effect on April 1, 2023.
This notice is being mailed to the owner of record of each identified parcel or customers responsible for paying for Solid Waste Services. Consistent with the requirements of Proposition 218, this notice provides the following information:
• Date, Time and Place of the Public Hearing
• Reasons for the Proposed Rate Adjustments
• Basis Upon Which the Proposed Rate Increase is Calculated • Proposed Rate Increase Amounts
• Majority Protest Procedures (including a Protest Form)
BACKGROUND PROPOSED RATE CALCULATION
On April 13, 2011, the City entered into an Exclusive
Franchise Agreement with Arakelian Enterprises,
Inc., dba Athens Services to provide Residential &
Commercial Solid Waste Hauling Services. The
exclusive franchise agreement includes, among
other terms, a provision on the maximum service
rates for solid waste and an annual rate adjustment
to the maximum service rates. The City of Irwindale
is holding a Proposition 218 Public Hearing to
consider and adopt maximum service rates with a
special adjustment effective April 1, 2023, an annual
rate adjustment formula effective July 1, 2023 for
each of the next five years, and certain discounts,
with certain City fees. The adjustments are
necessary to implement new required law by the
State of California.
I
The rate structure for monthly Solid Waste Services
is for three customer classes: (i) Single family; (ii)
Multi-family; and (iii) Commercial. The rates for
Solid Waste Services for each customer class is
determined based on: (i) the size of the container
serving the property; (ii) the materials accepted in
the container (e.g., trash, recyclables, or organic
waste) serving the property; and (iii) the frequency
of pickups per week. Maximum service rates for
Single Family units will receive base service without
charge until June 30, 2032.
The City and Athens Services have met and
conferred in good faith to negotiate the maximum
service rates. The proposed adjustments to the
maximum service rates are necessary for Athens
Services to provide mandatory organic waste
collection services pursuant to regulations
implementing Senate Bill (SB) 1383 (Chapter 395,
Statutes of 2016). These services include, but are
not limited to organics and recycling collection,
edible food recovery, education and outreach,
procurement requirements, capacity planning for
the future, monitoring for compliance, and support
for reporting requirements. Other portions of the
Solid Waste Services include City fees charged to
administer the waste management franchise and
comply with state mandates (including, but not
limited to AB 939) relating to Solid Waste Services.
WAIVER FROM SB 1383 ORGANICS WASTE PROGRAM
Residents and businesses must separate organic
waste (such as yard waste and food waste) from
other trash to be managed at a facility other than
the landfill. To accomplish this, all property owners,
residents, and businesses will be required to enroll
in collection services for trash, recyclables, and
organic waste. Recycling services include processing
of recyclables and organic wastes collected from all
customers at state-regulated facilities.
Businesses have the opportunity to submit for a De
Minimis or Physical Space Waiver to be exempt from
source separated organics waste recycling, if they
fall under one of the following categories:
De Minimis Waiver
0 Total solid waste collection service is 2 cubic
yards or more per week and organic waste
subject to collection in a green container
comprises less than 20 gallons per week per
applicable container of the business' total waste;
or
D Total solid waste collection services is Jess than
two cubic yards per week and organic waste
subject to collection in green container
comprises less than 10 gallons per applicable
container of the business' total waste.
Physical Space Waiver
D Submit a request and provide documentation
proving the premise lacks adequate space for a
Green Container(s).
See Irwindale Municipal Code 8.22.060 for the full
requirements and documents needed to request a
waiver.
2 RATE ADJUSTMENTS
As described below, the rate adjustments consist of
a special adjustment, an annual Consumer Price
Index (CPI) adjustment, and certain City fees, as
specified in Table 1. Customers may also qualify for
certain discounts.
Special Adjustment (3.57%)
Effective April 1, 2023, a proposed one-time special
adjustment of 3.57% would be applied to current
maximum service rates for Solid Waste Services as a
result of the required SB 1383 regulations including
but not limited to organic waste recycling,
education, monitoring, inspections, and reporting.
Please see Table 1: Athens Maximum Rate Schedule
for a comparison of the current maximum service
rates as of July 1, 2022 compared to the new
maximum service rates adjusted by 3.57%.
Annual CPI Adjustment
For the fiscal year beginning July 1, 2023, and
annually thereafter on July 1 through and including
July 1, 2027, the April 2023 maximum rates, as
provided in Table 1, would be automatically
adjusted annually based upon the annual
percentage change April 1st to March 30th in the CPI
for All Urban Consumers in the Los
Angeles/Anaheim/Riverside area (CPl-U), plus 1%.
There is a rate adjustment limitation clause that
states in any year where the CPl-U plus 1% exceeds
6%, then that portion of the CPI that exceeds 6% will
be agendized for approval by the City Council. Prior
to the five (5)-year period ending June 30, 2028, and
each five (5) years thereafter, the City Council will
agendize a vote to consider the adoption of an
extension to the annual CPI Adjustment.
Maximum service rates for Single Family units will be
adjusted annually but such customers shall receive
base service without charge until June 30, 2032.
City Fees
Athens Services shall pay City a franchise fee
equaling 15% of gross revenues generated from
Solid Waste Services. In addition, Athens Services
shall pay City an AB 939 Fee of 4. 78% of gross
revenues generated from Solid Waste Services.
Discounts (Organic Waste Service}
For businesses required to source separate their
organic waste, Athens Services and the City
negotiated a discounted rate in connection with the
City's mandatory organic waste services program.
The discounted rate allowed for businesses to
receive a 75% discount beginning January 1, 2022; a
50% discount beginning January 1, 2023 and a 25%
discount beginning January 1, 2024. Beginning
January 1, 2025, customers are required to pay the
full cost of organic waste services. Please see Table
2 outlining this information.
MAJORITY PROTEST PROCEDURES
Proposition 218 prohibits the City from
implementing an increase in the rates if a majority
of the affected property owners or tenants file
written protests opposing the rates before the end
of the public hearing. To count toward this majority,
you can submit your written protest using the form
provided at the end of this section, write a letter to
the City following the requirements listed below, or
hand deliver it at the public hearing before public
testimony closes. Only one written protest per
affected property may be counted towards the
majority protest.
Under Section 6 of Article XIII D of the California
Constitution, any of the following persons may
submit a written protest against the Proposed Rate
Increase to the City Clerk, before the close of the
public hearing referenced above:
• Any owner of property (parcel(s}) receiving
Solid Waste Services within the City limits. If
the person(s) signing the protest, as an
owner,. is not shown on the last equalized
assessment roll as the owner of the
parcel(s), then the protest must contain or
be accompanied by written evidence the
person signing the protest is the owner of
the parcel(s) receiving Solid Waste Services;
and/or
• A tenant-customer(s) whose name appears
on the City's records as the customer of
record for the corresponding parcel
3 receiving Solid Waste Services within the
City limits.
A valid protest must be (i) written, (ii) have a clear
statement of protest of the increase in the solid
waste rates, (iii) identify the legal interest of the
person protesting, and (iv) identify the address or
assessor parcel number of the property. (A protest
form is attached, below.) In order to be valid, a
protest must bear the original signature of the party
with an interest in the property identified on the
protest. Protests not bearing the original signature
shall not be counted. Protests shall be submitted to
the City Clerk for the City, either by delivery (mail or personal) to the City Clerk's Office or by submitting
the protest at the public hearing before the close of
public testimony. Written protests will not be
accepted by e-mail or by facsimile. No postmarks
will be accepted. Although oral comments at the
public hearing will not qualify as a formal protest
unless accompanied by a written protest, the City
Council welcomes input from the community during
the public hearing on the Proposed Rate Increases.
Any person who submits a protest may withdraw it
by submitting to the City Clerk a written request that
the protest be withdrawn. The withdrawal of a
protest shall contain sufficient information to
identify the affected parcel and the name of the
record owner or record customer who submitted
both the protest and the request that it be
withdrawn. To ensure transparency and
accountability in the fee protest tabulation, protests
shall constitute disclosable public records from
when they are received.
Written protests regarding the solid waste rate
increase may be mailed to:
ATTENTION: CITY CLERK
City of Irwindale
5050 N. Irwindale Avenue,
Irwindale, CA 91706
Please identify on the front of the envelope of any
protest, "2023 Public Hearing on Solid Waste Rate
Increases."
Any mailed protest must be received by the City
Clerk, before S:OO p.m. on March 8, 2023. Written
protests may also be personally delivered to the City
Clerk at SOSO N. Irwindale Avenue, Irwindale, CA
91706 on March 8, 2023, before the public
testimony portion of the public hearing is closed.
If valid written protests are presented by a majority
of owners and/or tenants-customers of parcels
receiving Solid Waste Services within the City limits,
then the City will not adjust/increase the solid waste
disposal rates. Only one protest per parcel will be
counted in determining whether or not a majority
TABLE 1: MAXIMUM RATE SCHEDULE
Residential Barrels
protest exists.
The City is conducting this Proposition 218 Public
Hearing out of an abundance of caution and without
conceding the applicability of Proposition 218 to
Solid Waste Services.
QUESTIONS
If you have any questions regarding the fees or the
process, please contact the Public Services
Department at (626) 430-2231, or visit the City of
Irwindale City Clerk's Office, located at 5050 N.
Irwindale Avenue, Irwindale, CA 91706.
Current Fees New Fees
(April 2023)
3 96 Gallon Barrels Trash, Recycle, & Organics Base Service 36.78 38.09 1 Extra 96 Gallon Barrel 1 Trash (Black), 1 Recycle (Blue), or 1 Organics (Green) 18.47 19.12 Maximum service rates for Single Family units will be adjusted annually but such customers shall receive the base service below without charge until June 30, 2032
Commercial Barrels Current Fees New Fees
(April 2023)
Each 96 Gallon Barrel 69.71 72.19
Bin Frequency Current Fees New Fees
(April 2023)
1 lX 1 day/week pickup 206.33 213.69
1 2X 2 day/week pickup 332.69 344.57
1 3X 3 day/week pickup 452.43 468.58
1 4X 4 day/week pickup 562.84 582.93
1 5X 5 day/week pickup 711.48 736.88
1 6X 6 day/week pickup 876.89 908.20
1.5 lX 1 day/week pickup 215.28 222.96
1.5 2X 2 day/week pickup 347.14 359.53
1.5 3X 3 day/week pickup 472.08 488.93
1.5 4X 4 day/week pickup 587.28 608.25
1.5 5X 5 day/week pickup 742.36 768.87
1.5 6X 6 day/week pickup 914.93 947.59
2 lX 1 day/week pickup 259.15 268.40
2 2X 2 day/week pickup 413.71 428.49
2 3X 3 day/week pickup 565.02 585.19
2 4X 4 day/week pickup 727.78 753.76
2 5X 5 day/week pickup 867.52 898.50
2 6X 6 day/week pickup 1,062.56 1,100.49
4 3 lX 1 day/week pickup 295.21 305.74
3 2X 2 day/week pickup 494.71 512.37
3 3X 3 day/week pickup 671.09 695.05
3 4X 4 day/week pickup 861.30 892.05
3 5X 5 day/week pickup 1,054.91 1,092.57
3 6X 6 day/week pickup 1,269.65 1,314.98
4 lX 1 day/week pickup 370.74 383.98
4 2X 2 day/week pickup 602.17 623.66
4 3X 3 day/week pickup 824.72 854.17
4 4X 4 day/week pickup 1,041.61 1,078.80
4 5X 5 day/week pickup 1,277.65 1,323.26
4 6X 6 day/week pickup 1,539.37 1,594.32
6 lX 1 day/week pickup 480.56 497.71
6 2X 2 day/week pickup 785.58 813.63
6 3X 3 day/week pickup 1,068.30 1,106.43
6 4X 4 day/week pickup 1,391.68 1,441.36
6 5X 5 day/week pickup 1,697.83 1,758.44
6 6X 6 day/week pickup 1,988.25 2,059.23
Roll-off I Current Fees New Fees
(April 2023)
Standard Roll-off Plus Dump 365.84 378.90
Compactor Roll-off Plus Dump 406.29 420.80
Plus Dump at MRF 150.35 155.73
Wash Out 373.77 387.11
SCHEDULE OF OPTIONAL & OTHER RATES FREQUENCY CURRENT FEE NEW FEES (April 2023)
30 Yard of Less Roll-off or Compactor Organics
Haul 398.42 412.64
Disposal/Ton 166.38 172.31
Primary Organics Barrels (35 Gallon Barrel) lX 1 day/week pickup 99.75 103.31 2X 2 day/week pickup 172.77 178.94
3X 3 day/week pickup 245.80 254.58
4X 4 day/week pickup 318.81 330.19
5X 5 day/week pickup 391.85 405.84
6X 6 day/week pickup 464.87 481.46
Additional Organics Barrels (35 Gallon Barrel) lX 1 day/week pickup 84.80 87.82 2X 2 day/week pickup 146.84 152.09
3X 3 day/week pickup 208.91 216.37
4X 4 day/week pickup 271.00 280.67
5X 5 day/week pickup 333.04 344.93
6X 6 day/week pickup 395.13 409.24
Primary Organics Barrels (64 Gallon Barrel) lX 1 day/week pickup 133.00 137.75 2X 2 day/week pickup 230.35 238.57
3X 3 day/week pickup 327.73 339.44
5 4X 4 day/week pickup 425.08 440.26
5X 5 day/week pickup 522.46 541.11
6X 6 day/week pickup 619.81 641.94
Additional Organics Barrels (64 Gallon Barrel) lX 1 day/week pickup 113.04 117.08 2X 2 day/week pickup 195.81 202.79
3X 3 day/week pickup 278.56 288.51
4X 4 day/week pickup 361.32 374.22
5X 5 day/week pickup 444.09 459.95
6X 6 day/week pickup 526.85 545.66
1.5 Cubic Yard - First Bin lX 1 day/week pickup 281.33 291.38 2X 2 day/week pickup 547.62 567.16
3X 3 day/week pickup 813.92 842.98
4X 4 day/week pickup 1080.20 1118.76
5X 5 day/week pickup 1346.49 1394.56
6X 6 day/week pickup 1612.76 1670.34
1.5 Cubic Yard - Each Additional Bin · lX 1 day/week pickup 230.80 239.04 2X 2 day/week pickup 446.57 462.51
3X 3 day/week pickup 662.30 685.95
4X 4 day/week pickup 878.06 909.41
5X 5 day/week pickup 1093.81 1132.87
6X 6 day/week pickup 1309.57 1356.31
2 Cubic Yard - First Bin lX 1 day/week pickup 347.08 359.47 2X 2 day/week pickup 677.81 702.01
3X 3 day/week pickup 1008.55 1044.55
4X 4 day/week pickup 1339.25 1387.06
5X 5 day/week pickup 1669.98 1729.60
6X 6 day/week pickup 2000.69 2072.11
2 Cubic Yard - Each Additional Bin lX 1 day/week pickup 296.58 307.17 2X 2 day/week pickup 576.76 597.35
3X 3 day/week pickup 856.93 887.52
4X 4 day/week pickup 1137.14 1177.74
5X 5 day/week pickup 1417.31 1467.91
6X 6 day/week pickup 1697.47 1758.07
OPTIONAL SERVI ES & OTHER CHARGES
All Accounts
Declined Payment (Any Reason) 41.58 43.05
Stop Service 41.58 43.05
Resume Services 41.58 43.05
All Accounts: Organic Container Contamination:
First Offense N/A 59.94
Second Offense N/A 119.87
Third Offense N/A 299.68
Residential Cart Services
6 Extra Bulky Item Pick-Up - First Item 34.82 36.07
Extra Bulky Item Pick-Up - Each Additional Item 20.91 21.65 Temporary Bin Services
Temporary Bin Charge 232.89 241.21
Temporary Bin with Scout Service 307.76 318.75
Temporary Bin Lock Lid Installation - Per Lock 41.57 43.05 Temporary Bin Extra Dump 224.57 232.58
Commercial Bin Services
Permanent Bin Scout (Per Bin x Frequency) 9.05 9.38
Permanent Bin Lock Ud Installation - Per Lock 41.57 43.05 Permanent Bin Lock Lid Service - Per lock & Frequency 19.97 20.38 Permanent Bin Clean-out/Wash-out 74.84 77.51
Permanent Bin Organic Waste Contamination Fee 350.74 363.26 Permanent Bin Extra Dump 83.19 86.16
Permanent Bin Excess Waste 83.19 86.16
Permanent Bin Excess Weight 83.19 86.16
Permanent Bin Dead-Run or Go-Back 83.19 86.16
Permanent Bin Delivery 83.19 86.16
Permanent Bin Exchange 83.19 86.16
Permanent Bin Removal 83.19 86.16
Permanent Bin Bin Exchange with Meta! Lids 299.45 310.15 Permanent Bin Bin Fabrication Charge 382.59 396.25
Permanent Bin Waste Audit Fee N/A 179.81
Industrial Roll-Off Services
Roll-Off Dead-Run or Go-Back 124.75 129.20
Roll-Off Relocation 166.38 172.31
Roll-Off Demurrage (Per Day - If No Dumps in 30 Days) 24.95 25.83 Roll-Off Roll-Top Rental 83.19 86.16
Storage Box Delivery, Relocation, Removal 166.38 172.31 The current and new fees listed above include the City fees such as Franchise and AB 939 fees.
TABLE 2: ORGANICS WASTE SERVICES CREDIT
CALENDAR YEAR CREDIT
January 1- December 31, 2022 75% (customer will pay 75% of organic waste services rate) January 1- December 31, 2023 50% (customer will pay 50% of organic waste services rate) January 1- December 31, 2024 25% (customer will pay 25% of organic waste services rate) January 1, 2025 + 0% Full Implementation Cost
7 PROPOSITION 218 SOLID WASTE, RECYCLING, AND ORGANICS
COLLECTION SERVICES RATE INCREASE PROTEST FORM
You can use this form to protest the City oflrwindale solid waste, recycling, and organics collection services rate increases ("Proposed Rate Increases"). For more information about the Proposed Rate Increases, please refer to the Notice of Public Hearing Regarding Proposed Solid Waste, Recycling, and Organics Collection Services Rate Increases for owners and tenant (customer(s)). If you object to the proposed solid waste, recycling, and organics collection services rate increases, you MUST file a valid written protest with the City.
Written protests regarding the Proposed Rate Increases may be mailed to (postage required):
ATTENTION: CITY CLERK
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Please identify on the front of the envelope for any protest, "2023 Public Hearing on Solid Waste Rate Increases." Any mailed protest must be received by the City Clerk before 5:00 p.m. on March 8, 2023. Written protests may' also be personally delivered to the City Clerk at City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, CA 91706 on March 8, 2023, before the public testimony portion of the public hearing is closed. Protests will be accepted and tabulated in compliance with Proposition 218. -------------------------------------------------------0 FF I CAL WR ITT E N PROTEST------------------------------------------------------ PROPOSITION 218 PROTEST FORM
By signing the form below, I protest the proposed solid waste, recycling, and organics collection rate increases and affirm under penalty of law that I am the owner, authorized representative of the owner, or tenant (customer(s)) of the below parcel.
PROPERTY INFORMATION (Provide either the property address OR parcel number):
Property Address:
Irwindale, CA 91706 OR
Parcel Number (APN):. _____________ _
SUBMITTED BY:
Check as Applicable: LJ Owner LJ Tenant or Customer
Print Name:
Signature:
(Original Signatures only; copies of signatures will not be counted) Date: ---------' 2023
8 IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
!
FEBRUARY 8, 2023
...._~~~~~~---'- WEDNESDAY
SA Item A-1-B
8:52 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda; Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz;
Mayor H. Manuel Ortiz
Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A1
MINUTES
ITEM NO. 1B
WARRANTS
There were no speakers.
A motion was made by Councilmember Burrola, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Special joint meeting held January 11, 2023
2) Regular meeting held January 11, 2023
WARRANTS
The warrants were approved.
END OF CONSENT CALENDAR
NEW BUSINESS
ITEM NO. 2A
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
DIRECTOR BORHANI
ANNUAL COMPREHENSIVE FINANCIAL REPORT (Joint with
Successor Agency and Housing Authority)
Director Borhani presented the report and made a PowerPoint presentation.
SUCCESSOR AGENCY MINUTES
REGULAR MEETING
FEBRUARY 8, 2023
PAGE2
MAYOR PRO TEM
AMBRIZ
COUNCILMEMBER
BURROLA
COUNCILMEMBER
GARCIA
MAYOR ORTIZ
DIRECTOR BORHANI
MOTION
PUBLIC HEARINGS
ADJOURNMENT
Mayor Pro Tern Ambriz commended the community, staff,
commissioners, and the members of the Council for working together to make sound financial decisions.
Councilmember Burrola thanked the members of the Finance Department for their collaboration and asked about the auditing process for next year, to which Director Borhani advised that the auditors change the documentation sample size every year and analyze certain items more extensively than others. Director Borhani added that staff is also pursuing every grant opportunity available, and that the auditors audit grants especially thoroughly.
Councilmember Garcia noted a typo in the meeting documentation.
Mayor Ortiz thanked the Finance staff and the auditing firm for their work on this item.
Director Borhani acknowledged the hard work of the city Finance Department as well as the input from staff from the various city departments.
A motion was made by Councilmember Burrola, seconded by Councilmember Breceda, to receive and file the Annual
Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year ended June 30, 2023. The motion was unanimously approved.
None.
There being no further business to conduct, the meeting was adjourned at 8:53 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
I FEBRUARY 8, 2023
...._~~~~~~---- WEDNESDAY
HA Item A-1-A
8:54 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL: Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Robert Castro, Interim Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
NEW BUSINESS
ITEM NO. 2A
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
DIRECTOR BORHANI
VICE CHAIR AMBRIZ
There were no speakers.
A motion was made by Board Member Breceda, seconded by Board Member Burrola, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Special joint meeting held January 11, 2023
2) Regular meeting held January 11, 2023
ANNUAL COMPREHENSIVE FINANCIAL REPORT (Joint with
Successor Agency and Housing Authority)
Director Borhani presented the report and made a PowerPoint presentation.
Vice Chair Ambriz commended the community, staff, commissioners, and the members of the Board for working together to make sound financial decisions.
HOUSING AUTHORITY MINUTES
REGULAR MEETING
FEBRUARY 8, 2023
PAGE2
BOARD MEMBER
BURROLA
BOARD MEMBER
GARCIA
CHAIR ORTIZ
DIRECTOR BORHANI
MOTION
PUBLIC HEARINGS
ADJOURNMENT
Board Member Burrola thanked the members of the Finance Department for their collaboration and asked about the auditing process for next year, to which Director Borhani advised that the auditors change the documentation sample size every year and analyze certain items more extensively than others. Director Borhani added that staff is also pursuing every grant opportunity available, and that the auditors audit grants especially thoroughly.
Board Member Garcia noted a typo in the meeting documentation.
Chair Ortiz thanked the Finance staff and the auditing firm for their work on this item.
Director Borhani acknowledged the hard work of the city Finance Department as well as the input from staff from the various city departments.
A motion was made by Board Member Burrola, seconded by Board Member Breceda, to receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year ended June 30, 2023. The motion was unanimously approved.
None.
There being no further business to conduct, the meeting was adjourned at 8:54 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
RA Item A-1-A lECEMBER 14, 2022 r WEDNESDAY .._~~~~~~~--' 8:58 P.M.
The Irwindale RECLAMATION AUTHORITY met in regular session at the above time and place.
ROLL CALL:
ANNOUNCEMENT
CHIEF ASSISTANT
AUTHORITY
SECRETARY NIETO
SPONTANEOUS
COMMUNICATIONS
CONSENT CALENDAR
MOTION
ITEM NO. 1A
MINUTES
Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz;
Chair H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Arsanious Hanna, Director of Engineering I Building Official; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Works Services Director; Jeff Wagner, Information Technology Manager; and Laura Nieto, Chief Assistant Authority Secretary
Chief Assistant Authority Secretary Nieto announced the following:
"As required by Government Code Section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting."
There were no speakers.
A motion was made by Vice Chair Ambriz, seconded by Board Member Breceda, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
MINUTES
The following minutes were approved:
1) Regular meeting held May 26, 2022
2) Regular meeting held September 14, 2022
ITEM NO. 1 B 2022 4th QUARTER MINING REPORT OF NINE (9) SMARA PITS 2022 4th QUARTER
MINING REPORT OF The report was received and filed.
NINE (9) SMARA PITS
RECLAMATION AUTHORITY MINUTES
REGULAR MEETING
DECEMBER 14, 2022
PAGE2
ITEM NO. 1 C INVESTMENT QUARTERLY REPORT - SEPTEMBER 30, 2022
INVESTMENT
QUARTERLY REPORT - The Investment Quarterly Report for September 30, 2022, was SEPTEMBER 30, 2022 received and filed.
NEW BUSINESS
PUBLIC HEARINGS
ADJOURNMENT
None.
None.
There being no further business to conduct, the meeting was adjourned at 8:59 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
D City Council
DSuccessor Agency
D Housing Authority
IZIReclamation Authority
DJoint Powers Authority
Date: March 8, 2023
Cityef
IRWINDALE
AGENDA REPORT
RA Item A-2
To:
From:
Honorable Chairman and Members of the Irwindale Reclamation Authority Julian A. Miranda, Executive Director
Issue: 2023 First Quarter Mining Report of Nine (9) SMARA Pits Executive Director's Recommendation:
That the Irwindale Reclamation Authority receive and file this report.
Administrative Action:
Submitted by:
William K. Tam
Interim Authority City Engineer/Building Official
Prepared by:
Francisco Carrillo
Construction Compliance Manager
Reviewed by:
Kambiz Borhani
Authority Finance Director I Authority Treasurer
Approved by:
Julian A. Miranda, Executive Director
Background and Analysis:
The table below summarizes the 2023 first quarter estimated mining production of five (5) pits governed by the Surface Mining and Reclamation Act of 1975 (SMARA Pits) currently conducting mining activity in the City.
Mine Site Estimated Production Estimated Remaining
December 2022 through Reserve (Tons)
February 2023 (Tons)
LehiQh Hanson Pit 404,629 51,605,692
Peck Road Gravel Pit 13,000 172,000
Vulcan Reliance I 527,463 22,863,584
Vulcan Durbin 475,633 29,835, 119
Olive Pit 383,849 28,707,551
A total of approximately 1,804,574 tons of material were produced during the reporting period, December 2022 through February 2023, from the five (5) SMARA Pits listed above.
This is approximately 114, 711 tons less than reported in the previous quarter.
Below is a summary of the first quarter and current activity of the remaining four (4) SMARA Pits in the City.
Mine Site Status Activity
United Pit No. 2 Under Reclamation Fill Operations for Mine Reclamation
United Pit No. 3 Under IMP Review* Inactive
United Pit No. 4 Active Processing Plant
Azusa Western Pit Idle (IMP) Inactive
*United Pit No. 3 Interim Management Plan (IMP) is currently under review. Thus, no production was reported and it is estimated that 370,470 tons of reserves remain for future mining.
During the 2023 first quarter reporting period, reclamation activity was reported from three (3) SMARA Pits. Following is a summary of the reclamation activity at these three SMARA Pits:
Mine Site Estimated Fill Placed
December 2022 through February 2023 (C.Y.)
Lehigh Hanson Pit 35,326
United Pit No. 2 168,903
Vulcan Durbin Pit 73,200
As to the status of the City owned Olive Pit, CA Mine ID# 91-19-0052:
The start of construction for the traffic signal at Los Angeles Street and the Olive Pit Driveway which was scheduled for February 2023 will be delayed by approximately two (2) months to acquire the consent or right of entry from Metrolink. United Rock Products, anticipates completion of this traffic signal by July 2023. The traffic signal at the intersection
of Azusa Canyon Road and Los Angeles Street has been delayed due to staff changes from all agencies involved in the approval of the design and construction of this traffic signal.
United continues to work with its consultants and the various agencies on completing this signal and anticipates a start for the project in late 2023.
Fiscal Impact:
None
01005.0020/815869.1 Page3
DCity Council
D Successor Agency
D Housing Authority
ISi Reclamation Authority
DJoint Powers Authority
Date: March 8, 2023
Cityo/
IRWINDALE
AGENDA REPORT
RA Item A-3
To: Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending December 31, 2022.
City Manager/Executive Director's Recommendation:
That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending December 31, 2022.
Administrative Action:
Submitted, Prepared & Reviewed by:
Kambiz Borhani
Authority Finance Director/ Authority Treasurer
(626) 430-2221
Approved by:
Julian A, Miranda, City Manager/Executive Director
Background and Analysis:
A.
California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City's adopted investment policy (City's Investment Policy).
The City's Investment Policy applies to all funds held by the City, Housing Authority, Successor Agency, and Reclamation Authority. The Reclamation Authority's funds are included in the City's cash and investment balances. The Investment Report for the quarter ending December 31, 2022, was presented to the City Council, Housing Authority, and Successor Agency Board on January 25, 2023. The Reclamation Authority Board was not scheduled to meet on that date, and therefore it is appropriate to present the same Quarterly Investment Report to the Reclamation Authority during their next regularly scheduled meeting.
The attached Investment Report summarizes the cash balances and investments as of December 31, 2022, for each agency. The City of lrwindale's balances include investments of all funds of the City and its agencies, including the Reclamation Authority, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City's Investment Policy.
Fiscal Impact:
There is no fiscal impact to receive and file this report.
Attachment:
City of Irwindale Investment Report - December 31, 2022 Page2
CITY OF IRWINOALE
INVESTMENT REPORT
December 31, 2022
PARVAl.UEf CURRENT PURCHASE MATURITY MKTVALUE/ INVESTMENT SECURITY CESCRIPl10N ORIGINAL YIELD TO DATE DATE ENDING RATINGS COST MATURITY BALANCE CITY OF IRWj!:jQALE !EOQb~D ·ALL FU!:jDS l!:jCbMQING RECLAMATION AUTHORITY) BANK OF THE WEST GENERAL ACCOUNT $ 370,964 0,36% $ 370-,964 WELLS FARGO BANK MONEY MARKET ACCOUNT $ 1,100,000 3.92% $ 1,447,025 LOCAL AGENCY INVESTMENT FUND (LAJF) $ 48.891,456 2.07% $ 47,950,832
US GOVERNMENT AGENCIES
FEDERAL HOME LN BKS CONS BO (FHLB) $ 5,000,000 0.52% 07/28/21 01/28/25 $ 4,586,900 Aaa/M+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.58% 08/23/21 06/23/26 4,536,300 Aaa/M+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 3,000,000 0.90% 06/15121 06/15/26 2,666,730 Aaa/M+ FEDERAL HOME LN BKS CONS BO (FHLB) 5,000,000 1.00% 06130121 06/26/26 4,448,850 Aaa I AA+ FEDERAL HOME LN BKS CONS BO (FHLB) 5,000,000 0.50% 06/30121 06/30/26 4,436,300 Aaa/ AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0,87% 07/28/21 07/28/26 4,424,100 Aaa/M+ FEDERAL HOME LN BKS (FHLB) 5,000,000 0.50% 07/29/21 07/29/26 4.426,050 Aaa/M+ FEDERAL HOME LN BKS CONS BD (FHLB) 1,000,000 3.42% OB/29/22 11/15124 935,152 Aaa/AA+ FEDERAL HOME lN BKS CONS BO (FHLB) 1,000,000 3.45% 08/29/22 12/27/24 934,442 Aaa/M+ FEDERAL HOME LN BKS CONS BO (FHLB) 1.000.000 3.28% 08/29/22 02/22127 915 018 Aaa/M+ Sub~Total US Government Agencies: $ 36,000,000 $ 32.309,840
MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE I 1,000,000 3,35% 06/30/22 04/01124 $ 982,355 Aa2/M BAY AREACAUFORNIA TOLLAUTHORlTY 1poo1000 3.50% 08/30/22 04/01125 953,732 Aa3/M Sub-Total Municipal Bonds: $ 2,000,000 I 1,936,087
CORPORATE BONDS
Wells Fargo & Company $ 2,000,000 6.25% 10/21/22 10/21/27 $ 2,016,963 A1/BBB+ Toyota Motor Credit Corporation 110001000 5.00l'k 11/10/22 10/18125 895,996 A1/A+ $ 3,000,000 $ 2,912,958
CERTIFICATES OF DEPOSIT
BANK OF CHINA $ 245,000 3.159% 08131/22 02/2Bl24 $ 240,911 FDIC Insured JP MORGAN CHASE BANK 245,000 3.40% 08131/22 08/30124 240,272 FDIC Insured APEX BANK 245,000 3.153% 08131/22 08130/24 239,255 FDIC Insured UBS BANK USA 245,000 3.40% OB/31/22 09/02/25 237,716 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35% OB/31/22 09/02/25 237,467 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50% OB/31122 OB/31/27 233,781 FDIC Insured CAPITAL ONE BANK USA 245,000 3.45% 08/31/22 08/31/27 233,315 FDIC Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45% 08131/22 OB/31/27 233,315 FDIC Insured ALLY BANK 245,000 3.35% 09/01122 09/01126 234,928 FDIC Insured SYNCHRONY BANK 245,000 3.45% 09/02122 09/02/27 233,306 FDIC Insured CUSTOMERS BANK 245,000 3,00% 09/06/22 09106/23 242,474 FDIC Insured MEDALLION BANK 245,000 3.25% 09/07122 09/08/25 236,746 FDIC Insured BMO HARRIS BANK 245,000 3.15% 09/09/22 03/11/24 240,817 FDIC Insured DR BANK 245,000 3.60% 09/09122 09109126 236,863 FDtC Insured SAFRA NATIONAL BANK 245,000 3.05% 09/09122 10/10/23 242,195 FDIC Insured MORGAN STANLEY BANK 245,000 3.45% 09/09122 09/09127 233,308 FDIC Insured MORGAN STANLEY BANK 245,000 3.45% 09/09/22 09/09/27 233,308 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3,30% 09/14/22 03/13/26 235,726 FDIC Insured PONCE BANK 245,000 3.35% 09/14/22 09/14/27 232,095 FDIC Insured FIRST NATIONAL BANK 245,000 3.45% 09119/22 09/20127 233148 FDIC Insured Sub-Total Certificates of Deposit: I 4,900,000 $ 4,730,944 Total City of Irwindale Investments (Pooled Funds): $ 95,262,420 $ 91,658,650 HOUSING AUTHOBITY !EYD~! 11 ~ 12)
BANK OF THE WEST GENERAL ACCOUNT I 1,652,086 0,36% $ 1,652,086 LOCAL AGENCY INVESTMENT FUND {LAIF} 5,659,136 2.07% 5 589 017 • 7,311,222 I 7,241,103
SUCCESSOR ll§ENCY (funds 50-66}
BANK OF THE WEST MONEY MARKET ACCOUNT $ 462,357 0.36% $ 462,357 LOCAL AGENCY INVESTMENT FUND {LAIF) 5,292,662 2.07% 5,190,836 $ 5,755,019 $ 5,653,193
GRAND TOTAL OF INVESTMENTS $108,328,661 $ 104.562,946
Thls investment portfolio ts in conform!!y with the City of llWlndale's Investment Policy which was approved by City Council on June 8, 2022.
The City Treasurer's cash management program and cash 'flow analysis indicates that sufficient llquldlty Is on hand to meet estlmated future expenditures for a period of six months. The weighted average of maturity of the City's pooled lovestment portfolio Is 1.22 years, and the weighted average yield of the City's pooled investments al cost Js 1.29%. Market prices of securities are obtained directly lhrollgh Bank Statements. Due to llmfng, Bank of the West General Ac~unt balances are pre-reconcHed and yield rates are based on the prior month's account analysis statement.
Approved by /~~- Kam biz Borhanl, Finance Director I CitY Treasurer