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Minutes

Irwindale City Council
March 22, 2023

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Minutes
Meeting
March 22, 2023
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Irwindale City Council
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Text extracted from the city's file for reading and search. Open the original on irwindaleca.api.civicclerk.com. That file is the official record.

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
MARCH 22, 2023

WEDNESDAY
5: 30 P. M.

The Irwindale CITY COUNCIL and SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY met in special joint session at the above time and place.

ROLL CALL: Present: Councilmembers Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz; Mayor H. Manuel Ortiz

Absent: Councilmember Mark A. Breceda
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

SPONTANEOUS

COMMUNICATIONS

RECESS TO

CLOSED SESSION

RECONVENE IN

OPEN SESSION

ADJOURNMENT
None.

At 5: 34 p. m., the City Council met in Closed Session to discuss the following:

Conference with Legal Counsel — Existing Litigation
Pursuant to California Government Code Section 54956. 9 Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, update provided; no reportable action At 6: 30 p. m., the City Council reconvened in Open Session with all members present.

There being no further business to conduct, the meeting was adjourned at 6: 31 p. m.
bv_ -
a a M. Nieto, MMC
C ief Deputy City Clerk
Approved as submitted at the meeting held April 12, 2023.

IRWINDALE CITY COUNCIL CHAMBERS MARCH 22, 2023
5060 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6: 31 P. M.

The Irwindale CITY COUNCIL 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
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; John Fraijo, Police Captain; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance 1 City Treasurer; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda advised that item nos. L9 and L10 would be MIRANDA pulled for a brief report.

COUNCILMEMBER
TRAVEL REPORT None.

COUNCILMEMBER

COMMENTS
MAYOR PRO TEM Mayor Pro Tem Ambriz reported on his attendance at a recent Foothill AMBRIZ Gold Line meeting and on his efforts to secure funding for the project.

COUNCILMEMBER Councilmember Burrola reported on his attendance at a recent BURROLA Council of Governments meeting and on the topics considered.

MAYOR ORTIZ Mayor Ortiz recognized Azusa Mayor Robert Gonzales and Crystal Lopez from Senator Susan Rubio' s Office, who were in attendance.

INTRODUCTION OF
NEW EMPLOYEES 1
PROMOTIONS None.

PROCLAMATIONS 1
PRESENTATIONS 1

COMMENDATIONS
BUSINESS OF THE BUSINESS OF THE MONTH — ACERO' S CATERING MONTH — ACERO' S
CATERING The presentation was made.

CITY COUNCIL MINUTES MARCH 22, 2023
REGULAR MEETING PAGE 2

PRESENTATION BY PRESENTATION BY THE WATER QUALITY AUTHORITY

THE WATER QUALITY
AUTHORITY Azusa Mayor Robert Gonzales and Executive Director Randy Schoellerman, P. E., made the presentation.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar, with the exception of Item Nos. L9 and L10, which were pulled for a brief report. The motion was unanimously approved.

ITEM NO. 1 MINUTES

MINUTES
The following minutes were approved:

A) Regular meeting held February 22, 2023
B) Regular meeting held March 8, 2023
ITEM NO. 2 WARRANTS

WARRANTS
The warrants were approved.

ITEM NO. 3 SECOND EXTENSION OF LEASE OF CITY'S WATER
SECOND EXTENSION PRODUCTION RIGHTS FOR FY 2022/ 2023

OF LEASE OF CITY' S
WATER PRODUCTION The proposal from the San Gabriel Valley Water Company was RIGHTS approved and the city' s 285. 38 acre- feet of water production rights were leased for FY 202212023, and the City Manager was authorized to sign the second one-year extension to the lease for the temporary assignments of the city's water production rights.

ITEM NO. 4

DESIGNATION OF

AUTHORIZED AGENTS

TO ACT ON BEHALF

OF THE CITY TO

OBTAIN EMERGENCY

FINANCIAL

ASSISTANCE
RESOLUTION NO.
2023- 26- 3404

ADOPTED

DESIGNATION OF AUTHORIZED AGENTS TO ACT ON BEHALF

OF THE CITY TO OBTAIN EMERGENCY FINANCIAL ASSISTANCE
Resolution No. 2023- 26- 3404, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE DESIGNATING AUTHORIZED AGENTS TO ACT ON

BEHALF OF THE CITY TO OBTAIN STATE AND FEDERAL
FINANCIAL ASSISTANCE," was approved, and Cal OES Form 130, Designation of Applicant' s Agent Resolution for Non -State Agencies," was approved.

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 22, 2023
PAGE 3
ITEM NO. 5 APPROVAL OF THE PEERLESS NETWORK, INC. AGREEMENT 1

APPROVAL OF THE NETWORK SERVICES FOR TELEPHONE, INTERNET, AND DATA

PEERLESS NETWORK SERVICE
INC., AGREEMENT 1

NETWORK SERVICES

FOR TELEPHONE,

INTERNET, AND

DATA SERVICE
RESOLUTION NO. Resolution No. 2023- 20- 3398, entitled:
2023- 20- 3398
ADOPTED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING A TELECOMMUNICATIONS ACCOUNT
AGREEMENT WITH PEERLESS NETWORK, INC. FOR CITYWIDE
TELEPHONE, INTERNET, AND DATA SERVICES," was adopted.

ITEM NO. 6 APPROVE OUT-OF-STATE TRAVEL TO THE NATIONAL

APPROVE OUT -OF ASSOCIATION OF LATINO ELECTED AND APPOINTED STATE TRAVEL TO OFFICIALS 40TH ANNUAL CONFERENCE IN NEW YORK CITY,

THE NATIONAL NEW YORK, FOR ONE CITY COUNCILMEMBER

ASSOCIATION OF

LATINO ELECTED

AND APPOINTED
OFFICIALS 40TH

ANNUAL CONFERENCE

IN NEW YORK CITY,

NEW YORK, FOR ONE

CITY COUNCILMEMBER
RESOLUTION NO. Resolution No. 2023- 23- 3401, entitled:
2023- 23- 3401
ADOPTED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING OUT- OF- STATE TRAVEL FOR THE

MAYOR TO ATTEND THE NATIONAL ASSOCIATION OF LATINO
ELECTED AND APPOINTED OFFICIALS 40TH ANNUAL
CONFERENCE TO BE HELD FROM JULY 11- 13, 2023, IN NEW
YORK CITY, NEW YORK," was adopted.

ITEM NO. 7 SECOND READING OF ORDINANCE NO. 767 PERTAINING TO SECOND READING OF AMENDMENT OF SECTIONS 5. 04, 50, 5. 04. 060, 5. 04. 070, ORDINANCE - 5. 04,270, 5. 04.410, AND 4.04.420 OF CHAPTER 5. 04 OF TITLE 5

AMENDMENT TO OF THE IRWINDALE MUNICIPAL CODE RELATED TO THE TITLE 5 OF THE DISPUTE OF BUSINESS TAXES, LICENSES AND REGULATIONS

IRWINDALE

MUNICIPAL CODE
ORDINANCE NO. 767 Ordinance No. 767, entitled:

ADOPTED ON
SECOND READING " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTIONS 5. 04. 050, 5. 04. 060, 5. 04. 070,

CITY COUNCIL MINUTES

REGULAR MEETING
ITEM NO. 8
REJECTION OF CLAIM:

FERNANDO GUARDADO
VS. CITY OF

IRWINDALE
ITEM NO. 11

UPDATE REGARDING

THE IRWINDALE

COMMUNITY

FOUNDATION' S

APPROVAL TO

REDIRECT THE USE

OF THE IRWINDALE

COMMUNITY

FOUNDATION' S
FY 22123

CONTRIBUTION TO

THE RECREATION

DEPARTMENT
MARCH 22, 2023
PAGE 4

5. 04. 210, 5. 04. 270, 5, 04. 410, AND 4. 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," was passed, approved, and adopted, reading by title only and waiving further reading thereof.

REJECTION OF CLAIM: FERNANDO GUARDADO VS, CITY OF

IRWINDALE
The claim of Fernando Guardado vs. City of Irwindale was rejected and staff was directed to send a letter of rejection.

UPDATE REGARDING THE IRWINDALE COMMUNITY

FOUNDATION' S APPROVAL TO REDIRECT THE USE OF THE
IRWINDALE COMMUNITY FOUNDATION' S FY 2022--2023

CONTRIBUTION TO THE RECREATION DEPARTMENT
The update regarding the Irwindale Community Foundation' s ICF) approval of the City' s request to redirect $ 5, 000 of the ICF' s FY 2022-2023 Contribution to be reallocated to the Irwindale Recreation Department for a youth skateboarding event, was received and filed.

END OF CONSENT CALENDAR
ITEM NO. 9 APPROVE OUT- OF- STATE TRAVEL TO THE 2023

APPROVE OUT -OF INTERNATIONAL COUNCIL OF SHOPPING CENTERS

STATE TRAVEL TO CONFERENCE IN LAS VEGAS, NEVADA FOR CITY COUNCIL THE 2023 AND CITY STAFF

INTERNATIONAL

COUNCIL OF

SHOPPING CENTERS

CONFERENCEIN

LAS VEGAS, NEVADA,

FOR CITY COUNCIL

AND CITY STAFF
CITY MANAGER City Manager Miranda presented the staff report.

MIRANDA
VERONICA BARBOSA Responding to a question by Veronica Barbosa, City Manager Miranda advised that Councilmembers Breceda, Burrola, and Garcia would be the Councilmembers authorized to travel for the conference.

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 22, 2023
PAGE 5
RESOLUTION NO. Resolution No. 2023- 25- 3403, entitled:
2023- 25- 3403
ADOPTED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE OUT-OF-STATE TRAVEL TO THE
2023 INTERNATIONAL COUNCIL OF SHOPPING CENTERS

CONFERENCE IN LAS VEGAS, NEVADA, FOR TWO CITY
COUNCIL MEMBERS AND THREE STAFF REPRESENTATIVES,"
was passed, approved, and adopted, on the motion of
Councilmember Breceda, seconded by Councilmember Burrola, and unanimously approved.

ITEM NO. 10 AWARD OF CONTRACTS FOR CONSTRUCTION AND CIVIL AWARD OF ENGINEERING CONSULTANT SERVICES FOR THE 2022- 2023 CONTRACTS FOR RESURFACING PROGRAM; RESIDENTIAL RESURFACING CONSTRUCTION AND PROJECT — PHASE II; P- 1043

CIVIL ENGINEERING

CONSULTANT

SERVICES FOR THE
2022- 2023

RESURFACING
PROGRAM;

RESIDENTIAL

RESURFACING
PROJECT -- PHASE 11;
P- 1043
ASSISTANT CITY Assistant City Manager Olivares and City Manager Miranda each MANAGER OLIVARES indicated conflicts of interest with this item and exited the Council AND CITY MANAGER Chambers.

MIRANDA
CITY ATTORNEY City Attorney Guerra noted that several Councilmembers have GUERRA conflicts of interest with this item, and indicated that they would draw straws to determine who would be permitted to discuss the item.

After drawing straws, it was determined that Councilmembers Garcia and Burrola would recuse themselves from participating in discussing the matter. At this point, Councilmembers Garcia and Burrola exited the Council Chambers.

City Attorney Guerra then presented the staff report and noted a correction to staffs recommendation and the fiscal impact section of the report.

MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tern Ambriz, to: 1) authorize the Interim Director of Engineering Building Official to enter into an agreement with Vance Corporation in the amount of $ 394, 774. 10 for the 2022- 2023 Resurfacing Program: Residential Resurfacing Project -- Phase II; 2) approve a 20% project contingency in the amount of $ 78, 954. 00 to cover any

CITY COUNCIL MINUTES

REGULAR MEETING

SPONTANEOUS

COMMUNICATIONS
MARCH 22, 2023
PAGE 6
unforeseeable conditions that may arise during construction; 3) authorize the Interim Director of Engineering 1 Building Official to enter into an agreement with FCG Consultants in the amount of 86, 238. 03 for civil engineering consultant services; and 4) approve a 20% project contingency for construction management in the amount of $ 17,247. 00 to cover any unforeseeable conditions that may arise during construction. The motion was unanimously approved; Councilmembers Burrola and Garcia absent.

Councilmembers Burrola, Garcia, Assistant City Manager Olivares, and City Manager Miranda then returned to the Council Chambers.

VERONICA LARA Veronica Lara stated her disappointment that the Housing Authority would not hold a meeting tonight and stated that matters such as homelessness and senior housing are pressing issues.

NEW BUSINESS
ITEM NO. N1 RESIDENT IDENTIFICATION CARD POLICY OVERVIEW

RESIDENT

IDENTIFICATION

CARD POLICY REVIEW
CITY MANAGER City Manager Miranda presented the staff report.

MIRANDA
MAYOR PRO TEM Mayor Pro Tern Ambriz stated that the policy was amended in 2021 AMBRIZ to make it easier for everyone who deserved a card to receive one.

He stated that he did not realize that the program policy did not allow for residents to sign affidavits for individuals that they are related to, either through blood or marriage, in order to vouch for their bonafide residency. He suggested that this restriction be eliminated.

COUNCILMEMBER Responding to a question by Councilmember Burrola, City Manager BURROLA Miranda advised that the Council may either receive and file the report or recommend changes to the policy for consideration at a future meeting.

PRISCILLA ZEPEDA Priscilla Zepeda suggested that the Council consider allowing custodial children of residents to be able to obtain Resident ID cards, to which Mayor Pro Tern Ambriz concurred.

MAYOR ORTIZ Responding to a question by Mayor Ortiz, City Attorney Guerra advised that it would be difficult to determine bonafide residency of children that live with separated parents. He suggested that the Council direct staff to revise the policy and return for further consideration at another meeting

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 22, 2023
PAGE 7
BENEFITS Benefits Administrator Nocom advised that said children may obtain ADMINISTRATOR Resident ID cards as long as one of the parents is an Irwindale NOCOM resident.

MOTION A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, to direct staff to revise the existing program policy to remove the prohibition of Irwindale residents signing resident affidavits for those that they are related to through either blood or marriage and return the draft for consideration at a future Council meeting. The motion was unanimously approved.

ITEM NO. N2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 768 INTRODUCTION AND ENTITLED: " AN ORDINANCE OF THE CITY COUNCIL OF THE FIRST READING OF CITY OF IRWINDALE REPEALING ORDINANCE NO. 747 IN ITS ORDINANCE NO. 768 ENTIRETY, AMENDING TITLE 15. 12 OF THE IRWINDALE

MUNICIPAL CODE, ADOPTING BY REFERENCE THE LOS
ANGELES COUNTY FIRE CODE (2023 EDITION), AND ADOPTING

COUNTY AND CITY AMENDMENTS THERETO, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2 ET SEQ."

INTERIM DIRECTOR
TAM
ORDINANCE NO. 768

INTRODUCED FOR

FIRST READING

PUBLIC HEARINGS
Interim Director Tam presented the staff report.

Ordinance No. 768, entitled,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE REPEALING ORDINANCE NO. 747 IN ITS ENTIRETY,
AMENDING TITLE 15. 12 OF THE IRWINDALE MUNICIPAL CODE,

ADOPTING BY REFERENCE THE LOS ANGELES COUNTY FIRE
CODE ( 2023 EDITION), AND ADOPTING COUNTY AND CITY

AMENDMENTS THERETO, PURSUANT TO GOVERNMENT CODE
SECTION 50022. 2 ET SEQ,° was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Councilmember Garcia, seconded by Councilmember Breceda, and unanimously approved.

ITEM NO. 01 A PUBLIC HEARING REGARDING AN ECONOMIC

ECONOMIC DEVELOPMENT SUBSIDY REPORT AND OPERATING

DEVELOPMENT COVENANT AGREEMENT BETWEEN THE CITY OF IRWINDALE SUBSIDY REPORT AND HOME DEPOT U. S. A., INC., PURSUANT TO GOVERNMENT AND OPERATING CODE SECTION 53083. 1; AND CONSIDERATION OF A

COVENANT RESOLUTION ACCEPTING THE ECONOMIC DEVELOPMENT

AGREEMENT SUBSIDY REPORT, APPROVING THE OPERATING COVENANT

AGREEMENT AND MARKED RELATED FINDINGS
ASSISTANT TO THE Assistant to the City Manager Espino introduced the staff report.

CITY MANAGER
ESPINO

CITY COUNCIL MINUTES

REGULAR MEETING

DIRECTOR BORHANI
OPEN

PUBLIC HEARING
CLOSE

PUBLIC HEARING
MOTION
MARCH 22, 2023
PAGE 8
Director Borhani presented additional details.

At 7: 46 p. m., Mayor Ortiz opened the public hearing.

There being no speakers, Mayor Ortiz closed the public hearing at 7: 46 p. m.

A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, to adopt Resolution No. 2023- 24- 3402, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, APPROVING AN OPERATING
COVENANT AGREEMENT WITH HOME DEPOT U. S. A., INC.,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, AND APPROVING AND ORDERING THE

PUBLICATION OF AN ECONOMIC DEVELOPMENT SUBSIDY

REPORT IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 53083. 1 ".

COUNCILMEMBER In reply to a question by Councilmember Garcia, Director Borhani GARCIA advised that the 35% rebate amount was derived directly from the Council - approved policy, and indicated that it is fair per industry standards.

ROLL CALL The above -mentioned motion was unanimously approved.

CITY MANAGER' S
REPORT
CITY MANAGER City Manager Miranda reported the following:

MIRANDA
1) He provided an update on upcoming activities within the Library, Public Works, and Recreation departments.
2) A presentation will be made to the Council on April 12 concerning the hanging of clothes on fences in areas that are visible to the public.
3) City staff has contacted Durham Transportation Services on Cypress, who have indicated that the bus depot has opened parking spaces within their site for their employees to park their vehicles. Code Enforcement continues monitoring the area.

COUNCILMEMBER Councilmember Burrola requested bins for trash and recyclables at BURROLA the park, to which City Manager Miranda advised that staff would look into the request.

CITY COUNCIL MINUTES

REGULAR MEETING

REQUESTS BY

COUNCILMEMBERS

FOR FUTURE AGENDA
ITEMS

ADJOURNMENT
None.

There being no further busi
adjourned at 7: 58 p. m.

Approved as submitted at the meeting held April 12, 2023.

MARCH 22, 2023
PAGE 9
to conduct, the meeting was
M. Nieto, MMC
Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 22, 2023
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7: 68 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, Manuel R. Garcia, Larry G. Burrola; 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 1 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.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar, with the exception of Item No. 5, which was continued to a future meeting. The motion was unanimously approved.

ITEM NO. Al MINUTES

MINUTES
The following minutes were approved:

A) Regular meeting held February 22, 2023
B) Regular meeting held March 8, 2023
ITEM NO. A2 WARRANTS

WARRANTS
The warrants were approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS

ADJOURNMENT
There were no speakers.

There being no further business to conduct, the meeting was adjourned at 7: 59 p. m. n
h - X46f6
M. Nieto, MMC
Deputy City Clerk
Approved as submitted at the meeting held April 12, 2023.

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