Irwindale City Council
April 26, 2023

City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706  • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209

AMENDED
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
APRIL 26, 2023
SPECIAL MEETING – 5:30 P.M. ‐ CLOSED SESSION
REGULAR MEETING ‐ 6:30 P.M. ‐ OPEN SESSION
IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction.  The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote.  The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant  to  provisions  of  the Brown Act,  no action may be  taken  on a matter unless it is listed  on  the agenda,  or  unless certain emergency  or  special  circumstances  exist.    The  City  Council  may  direct  staff  to  investigate  and/or  schedule  certain  matters  for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable  accommodation  policy  to  swiftly  resolve  accommodation  requests.  The  policy  can  be  found  on  the  City’s  website:
https://www.irwindaleca.gov/DocumentCenter/View/8075/AB‐2449‐Reasonable‐Accommodation‐Policy.  If  you  need  special assistance  to participate in a City Council or Commission meeting or other services offered by  this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430‐2200.  Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

H. MANUEL ORTIZ
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
LARRY G. BURROLA
councilmember

MANUEL R. GARCIA
Councilmember
April 26, 2023

Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good.  We are committed to the principle of an efficient and professional local government.  We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life.  We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest.  We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration.  We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We  will  inform  ourselves  on  public  issues,  listen  attentively  to  public  discussions  before  the  body,  and  focus  on  the business at hand.  We will base our decisions on the merit and substance of that business.  We will be fair and equitable in all actions, claims or transactions.  We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We  shall  not  take advantage  of  services  or  opportunities  for  personal gain  by virtue  of  our  public  office  that are  not available to the public in general.  We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale.  We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official.  In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

April 26, 2023

SPECIAL MEETING – 5:30 P.M.

CALL TO ORDER
ROLL CALL:  Councilmembers: Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

CONSENT CALENDAR

1. Request to approve a Consultant Services Agreement with Harvey Consulting Group, Inc. (HCG, Inc.), Inc. to prepare Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014  for  the Olive Pit Mining and Reclamation Plan  for property located at 4407 Azusa Canyon Road (APN: 8415‐001‐906) with Applicant, United Rock Products Corporation
Department:  Community Development
Recommendation:  That the City Council approve the Consultant Services Agreement with Harvey Consulting Group (HCG), Inc. to prepare Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014 for the Olive Pit Mining and Reclamation Plan for property located at 4407 Azusa  Canyon Road  (APN:  8415‐001‐906) with Applicant, United Rock Products Corporation.

2. Request  to  approve  a  Project  Reimbursement  Agreement  between  the  City  and  United  Rock Products  (“Applicant”)  for Project costs associated with  the proposed Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014 for the Olive Pit Mining and Reclamation Plan for property located at 4407 Azusa Canyon Road (APN: 8415‐ 001‐906) with Applicant, United Rock Products Corporation Department:  Community Development
Recommendation:  That the City Council approve the Project Reimbursement Agreement with United Rock Products for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed conditions of approval of  the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as the Lead Agency and costs incurred by the City’s Attorney’s office.

April 26, 2023

RECESS TO CLOSED SESSION

3. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: Olive Pit (APN 8415‐001‐906, 908)
Agency negotiator: Julian A. Miranda, City Manager and William K. Tam, Interim Director of Engineering / Building Official
Negotiating Parties: United Rock Products Corp.

Under negotiation: Sublease Price and Terms

4. Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957

Title:  City Attorney
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION

ADJOURNMENT
*Special meeting agenda amended on Monday, April 24, 2023 to include highlighted Items 1 and 2 April 26, 2023

OPEN SESSION – 6:30 P.M.

CALL TO ORDER
PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL:  Councilmembers:, Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
CHANGES TO THE AGENDA
COUNCIL MEMBER TRAVEL REPORTS
COUNCILMEMBER COMMENTS
INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
Irwindale Chamber of Commerce Business of the Month – Santa Anita Park CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item.  At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.

1.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:
a) Special Joint meeting held February 22, 2023

2.  Warrants/Demands/Payroll
Department:  Finance
Recommendation:  Approve

3. Investment Quarterly Report for Fiscal Quarter Ending March 31, 2023 (City Council, Successor Agency and Housing Authority)
Department:  Finance
April 26, 2023

Recommendation:  Receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2023.

4. 4th of July Fireworks Spectacular Show Update
Department:  Public Services
Recommendation:  Receive an update on the 4th of July Fireworks Spectacular Show.

5. Amendment No. 2 to Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments and the City of Irwindale for Participation in the San Gabriel Valley Regional VMT (Vehicle‐Miles‐Traveled) Analysis Model
Department:  Engineering
Recommendation:    Authorize  the  City  Manager  to  execute  Amendment  No.  2  to  the Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments and the City of Irwindale which will: 1) update the web‐based Regional VMT Model and Assessment Tool to the scope of work with a maintenance period of 5 y ears; 2) approve a Not to Exceed amount of $15,000; and 3) extend the term of the MOA to April 1, 2028.

SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.  State law prohibits any  Council  discussion  or  action  on  such  communications  unless  1)  the  Council  by majority  vote  finds  that  a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days.  Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action.

Any public member addressing the Board shall limit his or her address to three (3) minutes regarding the subject under discussion. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. In no event shall any donations of time exceed six minutes of total speaking time per person on any one item.  The Presiding Officer may, in his or her discretion, extend the 3‐minute time limitation for the particular subject under discussion for all speakers. In no event shall the total amount  of  speaking  time  exceed  6  minutes  per  person  for  the  subject  under  discussion.  Organized  group  of persons wishing to address the Board on the same subject matter, should select a spokesperson to represent the group, so as to avoid unnecessary repetition. The City Council may regulate a speaker who is speaking too long, being unduly repetitious, or extending discussion of irrelevancies.

In the hybrid format, both in‐person and hybrid audience members will participate in the following order:

Tier 1:  In‐person attendees
Tier 2:  Teleconference attendees
Tier 3:  In‐person and teleconference attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
April 26, 2023

NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

6. Recognition of Pride Month
Department:  Administration
Recommendation:  Discuss and provide direction to staff.

7. Verbal Update on Request for Dog Park
Department:  Public Services

8. Introduction  and  First  Reading  of Ordinance No.  769,  entitled,  “AN ORDINANCE OF  THE  CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOs 709, 743, AND 764 IN THEIR ENTIRETY, AMENDING TITLE 15 OF THE IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 15.07 –  “EXISTING  BUILDING  CODE,”  AND  ADOPTING  BY  REFERENCE  THE  LOS  ANGELES  COUNTY BUILDING  CODE  (2023  EDITION)  WITH  IRWINDALE  AMENDMENTS,  LOS  ANGELES  COUNTY ELECTRICAL CODE (2023 EDITION), LOS ANGELES COUNTY PLUMBING CODE (2023 EDITION), LOS ANGELES COUNTY MECHANICAL CODE (2023 EDITION), LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE (2023 EDITION), LOS ANGELES COUNTY RESIDENTIAL CODE (2023 EDITION), EXISTING  BUILDING  CODE  (2023  EDITION),  AND  ADOPTING  LOCAL  AMENDMENTS  THERETO, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ”
Department:  Engineering
Recommendation:    Introduce  the  first  reading  of  Ordinance  No.  769  amending  Title  15  of Irwindale Municipal  Code  by  adding  Chapter  15.07  –  Existing  Building  Code  and  adopting  by reference the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards and Existing Building, Codes with County and City Amendments, and schedule a public hearing on May 10, 2023.

9. Consideration to extend the Hours of Operation for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products Pit No. 2 until August 31, 2023 Department:  Engineering
Recommendation:  Consider allowing United Rock Products, Inc. (United) to continue the current hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 (URP‐2) until August 31, 2023. The current hours of operation are:

Monday to Friday  7 a.m. to 3 p.m.

Saturday    7 a.m. to 5 p.m. (Only the 2nd and 4th Saturday of each month) April 26, 2023

PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

CITY MANAGER’S REPORT
REQUESTS BY COUNCILMEMBERS FOR FUTURE AGENDA ITEMS

ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CONSENT CALENDAR

10.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:
a) Special Joint meeting held February 22, 2023

11. Warrants
Department:  Finance
None for approval

12. Investment Quarterly Report for Fiscal Quarter Ending March 31, 2023 (City Council, Successor Agency and Housing Authority)
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2023.

SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

ADJOURN
April 26, 2023

HOUSING AUTHORITY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CONSENT CALENDAR

13. Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:
a) Special Joint meeting held February 22, 2023
b) Regular meeting held February 22, 2023
c) Regular meeting held March 8, 2023

14. Investment Quarterly Report for Fiscal Quarter Ending March 31, 2023 (City Council, Successor Agency and Housing Authority)
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2023.

15. Approving and Authorizing Use of the 10‐Acre Site, Assessor’s Parcel Number 8417‐34‐912, for the City of Irwindale’s July 4, 2023 Fireworks Display Spectacular Event Department:  Public Services
Recommendation:    Adopt  Resolution  No.  HA  2023‐04‐135  entitled,  “A  RESOLUTION  OF  THE BOARD OF DIRECTORS OF THE IRWINDALE HOUSING AUTHORITY AUTHORIZING AND APPROVING THE USE OF THE 10‐ACRE SITE ON ALLEN DRIVE, ASSESSOR’S PARCEL NUMBER 8417‐34‐912, FOR THE CITY OF IRWINDALE’S JULY 4, 2023 FIREWORKS DISPLAY SPECTACULAR EVENT” by title only, with further reading waived.

SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

ADJOURNMENT
April 26, 2023

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority, to be held on April 26, 2023, be posted at the City Hall, Library, and Post Office on April 20, 2023.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
181City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 26, 2023
Cttyoj

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
ASP Item 1
Issue: Request to approve a Consultant Services Agreement with Harvey Consulting Group, Inc. (HCG, Inc.), Inc. to prepare Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014 for the Olive Pit Mining and Reclamation Plan for property located at 4407 Azusa Canyon Road (APN: 8415-001-906) with Applicant, United Rock Products Corporation.

City Manager's Recommendation:
1) That the City Council approve the attached Consultant Services Agreement with Harvey Consulting Group (HCG), Inc. to prepare Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014 for the Olive Pit Mining and Reclamation Plan for property located at 4407 Azusa Canyon Road (APN: 8415-001-906) with Applicant, United Rock Products Corporation.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP
Community Development Director
(626) 430-2209
Prepared by:

Lisa Chou, Associate Planner
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
William K. Tam,
Interim Director of Engineering/Building Official

Electronis;ally Approved
Approved by:

Julian A. Miranda, City Manager

BACKGROUND
United Rock Products (URP), the Applicant, submitted a request to allow for an increase in the annual rate of mining from 1.5 million tons to 2 million tons and to relocate the entrance to the Olive Pit for property located at 4407 Azusa Canyon Road (APN: 8415- 001-906), in the Q (Quarry) zone (Project). The applications include requests for a modification to the Development Agreement, modification to the License Agreement, the Reclamation Plan, and environmental analyses, which may be required under the California Environmental Quality Act (CEQA) if the additional impacts exceed that of the certified FEIR.

On January 25, 2023, City Council authorized the City Manager to sign the application for a modification of the Development Agreement to allow an increase in the annual rate of mining from 1.5 million tons to 2 million tons and to relocate the entrance to the Olive Pit.

Although the amount of aggregate to be mined per year is proposed to increase, the total aggregate to be mined over the life of the operation will remain the same. However, in order to consider the Applicant's request, an environmental analysis needs to be prepared to assess any potential environmental impacts related to traffic, noise, and air quality as reported in the FEIR and Addendum No. 1. If analyses prepared for Addendum No 2 concludes that there will be substantial changes with new information regarding potential impacts and new mitigation measure of a type or scope not previously contemplated, the City will prepare a Supplemental EIR which will require a separate scope of work. (Attachment 1, HCG, Inc. Proposal)
HCG, Inc. previously prepared the EIR and Addendum No. 1 for the Olive Pit. The firm was selected for the current application to prepare the environmental analysis and appropriate CEQA document per the Contract Acquisition and Timelines for Contract Reestablishment Policy. HCG, lnc.'s familiarity and knowledge of the Olive Pit site and related CEQA documents will help expedite the proposed project. The Contract Services Agreement with HCG, Inc. is for an amount not to exceed $108,800.00, and is attached with this report.

FISCAL IMPACT
The City's General Fund will not be impacted. Pursuant to the Reimbursement Agreement with the Applicant, which is also presented for approval, the Applicant has agreed to reimburse the City of all costs and expenses incurred by the City related to the services agreed to in the Agreement for Contract Services with HCG, inc. The Reimbursement Agreement requires a deposit account wherein Applicant will make deposits of amounts to cover all costs and expenses of work done by HCG, In., any other consultant retained for the Project, and the City Attorney's office for work related to the land use entitlement.

ATTACHMENTS
A. Professional Services Agreement with HCG, Inc. (including cost proposal)

ATTACHMENT "A"

AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND HARVEY CONSUL TING GROUP, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 25th day of April 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and Harvey Consulting Group, Inc. a California corporation ("Consultant" or "HCG, Inc."). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

RECITALS
A. City has sought, pursuant to the City's Contract Acquisition and Timelines for Contract Reestablishment Policy, the performance of the services pertaining to California Environmental Quality Act (CEQA) for land use entitlements defined and described in Exhibit 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described in Exhibit 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the Section 607 of the City of lrwindale's Charter, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant's Proposal.

The Scope of Service shall include the Consultant's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer.

1.6 CareofWork.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Prevailing Wages.

Consultant is advised of the requirements of California Labor Code Section 1720 which provides: prevailing wage rates apply to "[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority." It is the Parties' understanding that this Project shall not be required to pay prevailing wages pursuant to Sections 1770 - 1781 of the California Labor Code and 33423 - 33426 of the California Health and Safety Code. To this end, Consultant acknowledges and agrees that should any third party, including but not limited to the Director of the Department of Industrial Relations ("DIR"), require Consultant or any of its contractors or subcontractors to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the DIR under Prevailing Wage Law, then Consultant shall indemnify, defend, and hold City harmless from any such determinations, or actions (whether legal, equitable, or administrative in nature) or other proceedings, and shall assume all obligations and liabilities for the payment of such wages and for compliance with the provisions of the Prevailing Wage Law. The City makes no representation that any work completed by Consultant is or is not subject to Prevailing Wage Law.

1.8 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the .extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefore. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ONE HUNDRED AND EIGHT THOUSAND AND EIGHT HUNDRED DOLLARS ($108,800.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Jeffrey G. Harvey, Ph.D.
(Name)
Madeline Harvey
(Name)
Principal and Senior Scientist
(Title)
Secretary
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees.

Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.
(d) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

5.2 Other Provisions or Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers' Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers' Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance of services.

Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Consultant shall procure and maintain each of the insurance policies required in Section 5.1 for the duration of the Agreement, and any extension thereof.
(c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant's insurance and shall not contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
( e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
0) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(I) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City's Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Deductibles/ Self-insured Retentions. Any deductibles and selfinsured retentions must be declared to and approved by City. At the option of the City , either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Performance Bond.

Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Indemnification.
(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes: Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 .2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, California 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials __ _

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
CONSUL TANT:

HARVEY CONSUL TING GROUP, Inc., a
California corporation
By: ____________ _
Name:

Title:

Address:

Jeffrey G. Harvey, Ph.D.

Principal & Senior Scientist
81776 Corte Valdemoro
Indio, CA 92203
By: ____________ _
Name:

Title:

Address:

MadelinE) Harvey
Secretary
81776 Corte Valdemoro
Indio, CA 92203
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULT ANT'S BUSINESS ENTITY.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me1 , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS rny hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIANICONSERV ATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform CEQA analysis and prepare Addendum No. 2 to the certified FEIR to assess any additional environmental impacts related to traffic, noise, and air quality as reported in the FEIR and the Addendum No. 1 for property located at 4407 Azusa Canyon Road (APN: 8415-001-906), in the Q (Quarry) zone. (Project), as described in the following scope of service contained in the Consultant's Proposal (herein after referred to collectively as "Services"):

April 20, 2023
Marilyn Simpson, AICP, Co1nmunity Developn1ent Director Lisa Chou, Associate Planner
City oflrwindale
5050 N. hwindale A venue
Irwindale, California 91706
Re: Scope of Services to Prepare Addendum No. 2 to the Final Enviromnental Impact Repmt for the Olive Pit Mining and Reclamation Operations and Long-Term Reuse, City of Irwindale in Prutnership witl1 United Rock Products (SCH No. 2014031051) Dear Ms. Simpson:

As requested by the City, 've have prepared this scope of services to complete an Addendum No. 2 to the ft'inal A'nvlron111ental !111pact Reporl (J;'h'/R) .for the Olive Pit A-lining and Rec/a111alion Opera/ions and /,ong-'f'er111 Reuse, City of Irwindale and United Rock Products (URP). TI1e FElR was certified, and the Project was approved by the City on December 3, 2014. The approval \Vas for mining of remaining aggregate reserves on the existing ±189-acre Olive Pit, and reclamation of the eastern po1tion of the pit to yield 32 net developable acres, \.vith the balance of the site to be reclaimed for use as open space and/or a sto1m\vater retention basin.

Addendum No. I to the FEIR was completed in December 2016 to address an increased rate of mining extraction from 1.0 to 1.5 million tons per year and sho1ier reclamation period.

Addendum No. 2 \vill address an increased rate of mining extraction to a maximum of 2.0 million tons per year. In addition, URP is no\.v proposing to alter the ingress location from Los Angeles Street to a new intersection of Azusa Canyon Road parallel to the Little Dalton Wash no1ih of Los Angeles Street and south of Cypress Street. Egress \Yill be unchanged from the Hanrey Consulting Group
Environmental Consultants
Phone: (916) 799M6065 J Email: harvcyMjcfft0sbcglobal.11ct Marilyn Simpson, AJCP and Lisa Chou
City of Irwindale
April 20, 2023

easte1n perimeter of the Olive Pit onto eastbound Los Angeles Street and north on Azusa Canyon Road. Project background information is presented below, followed by our detailed scope of work

PROJECT BACKGROUND
The approved Project involves three components: 1) construction of a new on-site access road and relocation of the on-site access point; 2) phased extraction of mineral resources (Phases I and II); and 3) site reclamation (Phases I and II). The first operational phase at the site includes extraction of the easten1 portion of the site, followed by reclamation of this area to create an approximately 32-acre pad suitable for future development. Reclamation will involve filling the extraction void with compacted inert fill materials. The second operational phase will include extraction of the remainder of the site utilizing both dty and underwater extraction processes.

Reclamation of the Phase 2 area will involve stabilization of slopes created during extractive operations, to be completed as final slopes become available for this purpose.

The Olive Pit q11arry is expected to yield approximately 32-million tons of recoverable aggregate reserves that meet the quality standards of applicable California goverrunental agencies. As originally proposed and approved by the City, average production was anticipated to be approximately one-million tons of aggregate per year beginning in 2016 I 2017, with extraction to occur for a period of approximately 32 years with concurrent filling operations for reclamation commencing in the first of two phases. Final reclamation of the eastern 32 acres will involve backfilling and compaction to street level for potential future urban development. The remainder of the property will be reclaimed for the potential end land use of storm water retention and groundwater recharge, and/or flood control facility, and/or open space recreational land uses.

Addendum No. 1 to the FEIR was completed in December 2016 to address URP's proposed change in operations to allow extraction of up to I. 5 million tons per year, based upon market den1and. All other approved elements of the Project re1nained the same, including hours of operation, truck routing, and mining and reclamation specifications and methods. Additional equipment was accounted for within the mine site to accomplish the increased extraction rate, and the number of daily tnick trips was increased by 1.5 times. Mining and reclamation of the site were accelerated over a shorter period, and possibly over as fe\.v as 20-22 years rather than 32+ years.

Extractive activities will utilize both dry and wet operations and are subject to the City's guidelines for slope stability and public safety. All mined material is transported about 3.3 miles from the Olive Pit to URP's existing processing facility located in URP's Pit No. 2 at 1245 E.

Arrow Highway in Irwindale. Loaded trucks exit the Olive Pit eastbound on Los Angeles Street, and then travel no1th on Azusa Canyon Road, west and north on An·ow Highway, and then west Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

across the I-605 to Pit 2. This transport route lies entirely within the City of Irwindale and does not utilize any adjacent city streets or State highways.

The Olive Pit is now in active operations with completion of the new ramp road leading up to Los Angeles Street, and the original ingress and egress route using the old ramp on the north side of the Pit extending from Olive Street has been closed. 111e development agreement between URP and the City calls for URP to complete the construction of two new traffic signals at the intersections of Los Angeles Street and Azusa Canyon Road, and at the new access on Los Angeles Street.

Engineering evaluations prepared for these traffic light installations have encountered complications for easement acquisition and coordination for related track and railway signal systems that have increased estimated costs to more than $2,000,000. For that reason, URP is proposing to adjust the routing pattern by creating a new ingress from Azusa Canyon Road on the inside of the quany property parallel to the Little Dalton Wash stormwater conveyance channel. Egress patterns will not be changed. Associated changes will include new stripping on Azusa Canyon Road to move the centerline five feet east maintaining two-lanes northbound and southbound, and construction of a new deceleration lane on the west site of Azusa Canyon Road leading the new ingress driveway. These changes will require an amendment to the Development Agreement.

In response to this request, the City has requested preparation of Addendum No. 2 to the Final EIR to evaluate potential changes in impacts related to traffic, noise, and air quality as reported in the FEIR and Addendum No. 1, and to document any resulting changes to the applicable mitigation requirements.

CEQA GUIDANCE
As the Lead Agency under CEQA, Irwindale certified the FEIR evaluating and disclosing the potential environmental impacts associated with implementation of the Olive Pit mine and reclamation Project. When an EIR has been certified and the project is modified or otherwise changed after certification, additional CEQA review n1ay be necessary. 111e key considerations in dete1mining the need for and appropriate type of additional CEQA review are outlined in §21166 of the Public Resources Code (CEQA), which specifically provides that a Subsequent or Supplemental EIR is not required unless one or more of the following occurs:
(a) Substantial changes are proposed in the project which will require tnajor revisions in the environ1nental itnpact report.
1v1arilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

(b) Substantial changes occur with respect to the circumstances under which the project is undertaken which would require major revisions in the environmental in1pact report. (c) New information, which was not known and could not have been known at the titne the environmental impact report was certified as complete, becomes available.

Pursuant to the State CEQA Guidelines §15164, and with reference to §15162, an addendum to a previously certified Envirorunental Impact Report (EIR) is required when changes or additions are necessary, but where none of the conditions call for the preparation of a subsequent EIR. This addendu1n will be prepared to assess constniction and operation of the requested access point at Azusa Canyon Road south of Cypress Street and north of Los Angeles Street. The addendum must include an explanation of the decision not to prepare a Supplemental EIR, supported by substantial evidence pursuant to the State CEQA Guidelines §15164(e). If analyses prepared for Addendum No. 2 conclude that there will be substantial changes \Vith new info1mation regarding potential impacts and new mitigation measures of a type or scope not previously contemplated, the City will prepare a Supplemental EIR, which will require a separate scope of work.

SCOPE OF SERVICES
Our proposed scope of \Vork to complete the addendum is set forth below. Attachment 1 presents our proposed schedule. Attachment 2 presents our proposed budget, with hourly rates that would apply if additional services are required. The tasks detailed below describe the activities that will be undertaken to satisfy reqq.irements of CEQA. This Addendum No. 2 to the FEIR for the Olive Pit Project will be prepared in a form and content acceptable to the City, and pursuant to all applicable State laws and will conform to CEQA and the City's Municipal Code.

In summary, the Scope of Work includes:
1) Project management: Dr. Jeff Harvey will oversee and coordinate all project tasks, including project team and staff coordination, quality control and monthly invoicing.

Dr. Harvey will be responsible for preparation of the addendum report and will attend all meetings with City Staff.
2) Meetings will be attended by teleconference, including but not limited to:
a) One (1) kick-off meeting with City Staff, and URP representatives to confmn that all construction details and alten1ate access point are accurately described in the addendum.
b) As needed meetings with staff to discuss the draft addendum, and responses to staff comments.

Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

3) Review and revision of the original air quality, greenhouse gas, health risk and noise assessments to evaluate the proposed changes and to document consistency with adopted mitigation measures specified in the FEIR and Addendum No. 1. Details are provided in Attachment 3.
4) Preparation of a new traffic impact assessment to assess the incremental changes of truck traffic to and from the site for the additional 0.5 million tons per year of extracted materials, and to evaluate potential changes in impacts and mitigation 1neasures to accommodate the new ingress location. Details are provided in Attachment 3.
5) Consistent with requirements for CEQA, identify, discuss and develop appropriate mitigation 1neasures if needed for any new shoit-tenn and/or long-term impacts associated with the proposed changes.
6) Prepare an internal review draft addendum for City staff review, and in coordination with City staff, make all revisions to the addendum to incorporate staff's recommendations and revisions to complete the addendum document. The addendum will include discussion of each resource area for which significant impacts were identified in the FEIR to document differences of potential effects from the FEIR as substantial evidence to support the City's decision to rely upon an addendum to satisfy CEQA requirements. A Notice of Dete1mination will be prepared with the final addendum.
7) Delivery of the final addendum will include one copy in digital format (MS Word compatible) and one un-bound reproducible copy. We will also prepare any other number and form (printed or CDs) of copies the City desires, to be billed at direct cost (no mark-up).

Marilyn Simpson, AICP and Lisa Chou
City of Irwindale

CONCLUSION
April 20, 2023

A draft schedule is included in Attachment I, and proposed budget is included in Attachment 2.

Attachment 3 provides details of the supporting technical assessments to be prepared. Please let n1c know if you believe that any assun1ptions should be revisited and thank you again for this opportunity to be of further service to you and the City oflrwindale.

Sincerely,
Jeffrey G. Harvey, Ph.D.

Principal & Senior Scientist
Attachments:

I. Proposed Schedule

2. Proposed Budget

3. Technical Study Details
Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
Attachment 3: Technical Study Details
April 20, 2023

Air Quality, Health Risk Assessment, and Greenhouse Gas Emissions Analyses
This scope-of-work is designed to provide technical assistance with the air quality elements of the Olive Pit 1v1ine Envirorunental Impact Report (EIR) Addendum No. 2. The Olive Pit Mine Final EIR deteIIDined that nitrogen oxide (NOx) emissions were significant and unavoidable for the project and for cumulative impacts. The air quality analysis for the Addendum will determine the revised air quality impacts for the increased daily/annual tonnage throughput (from 1.5 million tons per year to 2.0 million tons per year) and whether additional air quality hnpacts would occur and/or air quality impacts would increase substantially in severity. If necessary, feasible 1nitigation measures will be identified to reduce significant hnpacts.

The air quality analysis for increased operations will include revisions of the operational etnissions inventory, dispersion modeling, health risk assessment (HRA), and greenhouse gas (GHG) emissions analyses. The air quality analysis will be prepared pursuant to the South Coast Air Quality Manage1nent District CE'QA Air Quality Handbook. The air quality analysis for the Addendum will utilize the emission and dispersion models and California Air Resources Board guidance, including the California's Office of Environmental Health }lazard Assessment guidance, which were also utilized in the Olive Pit Mine Final EIR (dated October 2014).

Updated mining operations info1mation (off-road equip1nent and haul trucks), such as the types/sizes of equipment, hours of operations, number of haul truck trips, and truck route, will be incorporated into the revised analysis. The revised air quality analysis will be documented in the fonn of a technical memorandum which will include assumptions, methodology, modeling files, and detailed results.

Noise Assessment
RCH Group (RCH) will revise the noise calculations and analysis in the Olive Pit Mine and Reclamation EIR based on a maximum annual throughput increase from 1. 5 million tons per year to 2 million tons per year. RCH will identify any new significant impacts or previous impacts that would be substantially more severe because of the increased throughput. If necessary, RCH will identify additional mitigation measures. RCH assumes they will receive updated mining operations information to conduct the revised analysis. Updated mining equipment information and updated over-the-road haul truck trip info1mation should be provided as well as any other pertinent changes to the mining operations. RCII also assumes they will receive a traffic report that details the vehicle percentage mix for heavyNduty tn1cks. RCH will submit their revised noise analysis and conclusions in the form of a technical memorandum.

Marilyn Simpson, AICP and Lisa Chou
City oflrwindale
Traffic Impact Assessment
April 20, 2023

During 2014 and 2016 traffic itnpact analyses were completed for the Olive Pit Minit1g and Reclrunation Project located north of Los Angeles Street and west of Azusa Canyon Road in the City of Irwindale. The existing on-site access road (consistent with the 2014 and 2016 TIA's) was completed in 2018.

Material excavated from the pit is currently being transported up the access road in on-road trucks. The on-road ttucks proceed to an existing processing plant located at E. Arrow Highway in Irwindale. The trucks currently reach this location by exiting the site at Los Angeles Street, turning north onto Azusa Canyon Road, then proceed west on Arrow Highway to the processing plant
'Ibe proposed access modification will extend the existing on-site access ramp to the north and connect it to a new access point south of the intersection of Cypress Street/Azusa Canyon Road.

This modification is anticipated to serve inbound vehicles only via a southbound right tum lane which will be added to Azusa Canyon Road through lane restriping to provide direct access into the pit
Once complete, all inbound traffic accessing Olive Pit will use the new Azusa Canyon Road entt·atlce located north of the Los Angeles Street/ Azusa Canyon Road. The existing access on Los Angeles Street will continue to be used for outbound traffic.

VMT • 1: VEHICLE MILES TRAVELED (YMT) ANALYSIS
VMT-1.1 To assist1nember agencies with complying to SB 743 mandates, the SGVCOGworked with member agencies to atlalyze existing tt·affic conditions in the region to develop a baseline standard that dete1mines significance CEQA thresholds for fhture land use and transportation projects. Member agencies have now adopted these criteria in compliance with SB 743. Urbatl Crossroads, Inc. will evaluate the Project using SGVCOG criteria and analysis tools to detennine whether the proposed Project would require a full VMT analysis.

VMT-L2 The Collllty of Los Angeles Guidelines require VMT analysis for development projects that are estitnated to generate a net increase of 110 or more daily vehicle trips.

Daily vehicle trips are specifica11y related to on~road passenger vehicles (cars and light tnicks). Heavy trucks are generally not included in a VMTtraffic impact analysis.

The passenger car trip generation for the proposed Project capacity increase is anticipated to be less than the 110 vehicles per day for added employees and visitors. Urban Crossroads, Inc. will determine the estin1ated Project trip generation and document the VNIT screening analysis results.

Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

VMT-1.3 If heavy truck VMT estimates are added to the screening assessment, Urban Crossroads will prepare a separate assessment of heavy truck activity for the added capacity at the site and provide a separate letter addressing goods-movement VMT implications.

VMT-1.4 Summarize the results of the VMT screening assessment in one or two technical letters.

VMT-2: VMT RESPONSE TO COMMENTS
VMT-2.1 Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle.

LOS-3: LEVEL OF SERVICE (),OS) BASED TRAFFIC STUDY
A formal traffic study scoping document will be submitted to City staff for review and approval prior to commencement of the traffic analysis.

LOS-3.1 Determine Project trip generation and trip distribution patterns for both passenger cars and ttucks. Tn1ck distribution patterns will be based on truck routes, the site's proximity to the regional freeway system and likely distribution of traffic if a future tenant is known. Passenger car distribution patterns will be based on existing and planned land uses in the area along with the planned circulation system. Based on the project-related trip generation and trip distribution patterns; establish the required study area intersections to be evaluated in the traffic impact analysis based on the City traffic study guidelines, or as directed by the lead agency. Identify known cu1nulative development projects and ambient growth patterns.

Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for review and approval. Interface with jurisdiction staff to finalize the traffic study scoping agreement.

LOS-3.2 As necessary, conduct new weekday morning (7am-9am) and weekday evening ( 4pm6p1n) peak hour turning movement count data at up to 15 intersections and 24-hour tube counts on up to 7 roadway segments. Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments.

LOS-3.3 Estimate trip generation and trip distribution for other (cumulative) development based on the latest ITE Trip Generation Manual (11th Edition 2021). It is estimated that up to 15 individual cumulative development projects may need to be included in this traffic analysis. As such, this scope of work assumes that this nu1nber of cumulative projects will need to be modeled as part of the future year cumulative Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

traffic forecasting process. Calculate cumulative near-term future ADT and peak hour turning movement vol tunes for up to 15 study area intersections.

LOS-3.4 Assess intersection capacity and level of service (LOS), for up to 15 study area intersections plus Project driveways for each of the following traffic conditions, based on the latest HCM methodology (6th Edition) or ICU methodology:

Existing
Opening Year Cumulative Without Project
Opening Y e.m Cumulative With Project
Horizon Year (2045) WithoutProject
Horizon Y ear(2045) With Project
LOS-3.5 Perform traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios described in Task LOS-5.4.

Recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in Task LOS-5.4.

LOS-3.6 Conduct a queuing analysis at Project access points. The analysis will identify the necessary lengths of tum pockets with storage and appropriate tum pocket transitions which adhere to the General Plan roadway classifications for the site adjacent roadways.

LOS-3.7 Include a detailed analysis to demonstrate how project truck traffic (e.g., large trucks such as a WB-67) would enter and exit the Project site. Include a discussion of potential impacts resulting from turning maneuvers by large tnicks entering and exiting the site, along with diagrams demonstrating the feasibility of such maneuvers at site access driveways. Exhibits will be provided which illustrate ingress and egress truck circulation.

LOS-3.8 Prepare a draft traffic report that incorporates the findings and all supporting calculations.

LOS-4: LOS RESPONSE TO COMMENTS
LOS-4.1 Revise the draft traffic study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

MA -5: MEETING ATTENDANCE
"fllls task consists of the attendance at up to two public hearings.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

EXHIBIT "B"

SPECIAL REQUIREMENTS
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.

EXHIBIT "C"

SCHEDULE OF COMPENSATION/BUDGET
I. Consultant's proposed budget for services related to Addendum No. 2 to the FEIR is as follows:

Marilyn Simpson, AICP and Lisa Chou
City oflrwindale
Attachment 2: Proposed Budget
'fask

1. Project Management
(Project Initiation & Kick-offMeeting,
Project Description, and staff meeting I
coordination \Vith City and Team
throughout addendum process)

2. Addendrnn Document
Technical assessments and internal draft
addendum, including CEQA conclusions;
staff coordination and Final Addendum No.
2, and Notice of Determination.

3. Meetings: Attendance at one City
Planning Commission meeting and one
Council meeting for consideration of
Development Agreement Amendment,
including preparation of a PPT presentation
with City staff
Personnel
Harvey
Miller
Production Staff
Harvey
Miller
Production Staff
RCH
Urban Crossroads
Harvey
Miller
Kain
Rate Hours
$200 24
$170 16
$75 8
Subtotal:
$200 80
$170 40
$75 32
Fee
Fee
Subtotal:
$200 18
$170 16
$230 12
Subtotal:

April 20, 2023

Total
$4,800
$2,720
$600
$8,120
$16,000
$6,800
$2,400
$15,400
*$51,000
$91,600
$3,600
$2,720
$2,760
$9,080
Total: $108,800
*Traffic hnpact Assessment budget mcludes new peak hourtunung movement count data at up to 15 intersections and 24-hour tube counts on up to 7 roadway segn1ents, and a field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments. If traffic cotmt data can be obtained fi:om other recent traffic studies for these intersections and roadway segments, costs can be reduced by $3,500.

Supporting Assrnnptions
Assumptions used in the development of this cost estimate include:
• The Scope includes preparation of docu1nentation to meet requirements of the California Environmental Quality Act (CEQA), and it is assu1ned that the analyses and staff conclusions can support the use of an addendum to satisfy CEQA requirements. • TI1e applicant, URP, will provide a figure showing the new driveway arrangement that we can use in the document as a part of the Project Description, and details regarding time required to complete construction of the new ingress deceleration land and driveway. They will also provide details regarding the types/sizes of equipment, hours of Marilyn Simpson, AICP and Lisa Chou
City of Irwindale ·
April 20, 2023

operations, and number of existing and additional haul truck trips, and confirm the truck route, to be incorporated into the project description and revised analyses. • The budget is presented as a not-to-exceed cost; individual tasks are not fixed, and actual costs may be shifted as needed between tasks.
• Tbe analyses of air quality, greenhouse gas emissions, health risk assessment, and noise will be lead by our regular team rne1nber Paul Miller, Managing Principal ofRCH Group, who was responsible for preparation of these original technical assessments for the FEIR and Addendum No. 1. Mr. Niiller will also assist with preparation and QA/QC of the addendum docu1nent.
• The update traffic impact assessment will be lead by our regular team 1nembers John Kain, AICP and Marlie Whiteman, P.E., of Urban Crossroads, who were responsible for preparation of the original technical assessments for the FEIR. • The consistency assessment and mitigation review, and Addendum No. 2 document will be prepared by Dr. Jeff Harvey who was responsible for preparation of the original FEIR and Addendum No. 1 documents. He will consult with the City's planning and engineering staff men1bers as needed to refine details, and for their review and comment. • A Notice of Determination (NOD) will be prepared and submitted with the final addendum for filing with the County Clerk if the Council decides to approve the proposed Develop1nent Agreement Amendment. If approved, the NOD \Vill be filed within five days of the City Council meeting.

II. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Ill. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
a. Line items for all the work performed, the number of hours worked, and the hourly rate.
b. Line items for all materials and equipment properly charged to the Services. c. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
d. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services but not exceeding one (1) years from the date hereof, Ill. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Marilyn Simpson, AICP and Lisa Chou
City of Irwindale
April 20, 2023

City of Irwindale
Addendum No. 2 to the Final Environmental Impact Report for the Olive Pit M:i.rring and Reclamation Project
Attachment 1: Proposed Schedule
Action I Deliverable..v* Date I Timing

1. Project Initiation & Kick-off Meeting Assumed May 1 authorization to proceed, and kick-off meeting early week of May 8.

2. Complete revised Project Description lvlay 15

3. Complete supporting technical assessments and August 1 internal draft Addendum No. 2 for staff review

4. Complete revised supporting technical August 22
assessments and draft Addendum No. 2 for staff
review and approval.

5. Attend City Planning Conunission and City TBD
Council meetings.

6. File NOD with County Clerk Within 5 days of City approval of the amendments to the Development Agreement.

IZICity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: April 26, 2023
Cityo/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
ASP ltem2
Issue: Request to approve a Project Reimbursement Agreement between the City and United Rock Products ("Applicant") for Project costs associated with the proposed Addendum No. 2 to the Final Environmental Impact Report certified by the City Council on December 3, 2014 for the Olive Pit Mining and Reclamation Plan for property located at 4407 Azusa Canyon Road (APN:
8415-001-906) with Applicant, United Rock Products Corporation.

City Manager's Recommendation:
1) That the City Council approve the attached Project Reimbursement Agreement with United Rock Products for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed conditions of approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as the Lead Agency and costs incurred by the City's Attorney's office.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP
Community Development Director
(626) 430-2209
Prepared by:

Lisa Chou, Associate Planner
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
William K. Tam,
Interim Director of Engineering/Building Official

Approved by:

Julian A. Miranda, City Manager

BACKGROUND
United Rock Products (URP), the Applicant, submitted a request to allow for an increase in the annual rate of mining from 1.5 million tons to 2 million tons and to relocate the entrance to the Olive Pit for property located at 4407 Azusa Canyon Road (APN: 8415- 001-906), in the Q (Quarry) zone (Project). The applications include requests for a modification to the Development Agreement, modification to the License Agreement, the Reclamation Plan, and environmental analyses, which may be required under the California Environmental Quality Act (CEQA) if the additional impacts exceed that of the certified FEIR.

The subject Project Reimbursement Agreement, which is attached for consideration, will reimburse the City for any fees incurred from consultants and attorneys as the City may require to process and negotiate permits, entitlements, and proposed Conditions of Approval of the proposed project. It will also reimburse the City for the environmental consultant and CEQA review. Staff is proposing the retention of Harvey Consulting Group, Inc. (HCG, Inc.) as a consultant to perform the environmental services for the proposed project. The contract with HCG, Inc. for these services is being considered separately by the City Council and will be funded by the Developer through the Project Reimbursement Agreement.

FISCAL IMPACT
The City's General Fund will not be impacted. The Applicant will provide a deposit of $159,264.00 as an initial deposit to cover the estimated cost for this consultant's work. The deposit amount represents the $108,800.00 contract service agreement plus the required 28% administrative fee of $30,464 and legal review fee of $20,000. Additional supplemental deposits are included to cover the cost for this consultant's work as well as for any work by other consultants and attorneys retained for the proposed project.

ATTACHMENTS
A. Project Reimbursement Agreement with United Rock Products

ATTACHMENT "A"

PROJECT REIMBURSEMENT AGREEMENT
THIS PROJECT REIMBURSEMENT AGREEMENT (this "Agreement") is made as of April 26, 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and United Rock Products (URP) ("Applicant").

RECITALS
A. Applicant has submitted to City an request to allow for an increase in the annual amount of mining from 1.5 million tons to 2 million tons and to relocate the entrance to the Olive Pit for the property located at 4407 Azusa Canyon Road, in the City of Irwindale, California ("Project") ;
C. Pursuant to California Environmental Quality Act ("CEQA"), an addendum to a previously certified Environmental Impact Report ("EIR") is required when changes or additions are necessary. The addendum will include discussion of each resource area for which significant impacts were identified it the Final EIR ("FEIR") to document differences of potential effects from the FEIR as substantial evidence to support the City's decision to reply upon an addendum to satisfy CEQA requirements. City will retain the services of outside consultants due to the nature and scope of the Project.

D. City and Applicant agreed to enter into this Agreement to provide for the reimbursement of City by Applicant for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.

E. City and Applicant desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Applicant's application for the Project, the preparation of the EIR for the Project and the reimbursement of the costs associated therewith.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained· and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Application Processing.

City shall diligently process Applicant's application for the Project in compliance with applicable laws, and shall cause to be prepared an addendum to the FEIR for the Project in compliance with the CEQA (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto.

Applicant acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Applicant's application.

2. Payment.

A. Applicant agrees to reimburse City in full for all costs and expenses incurred by City (a) pursuant to the agreement for contract services (the "Consultant Agreement") between City and Harvey Consulting Group, Inc. ("CEQA Consultant"), the consultant selected by City to prepare the environmental documents necessary for the Project; and (b) pursuant to any contract (collectively, the "Contracts") between City and other consultants and attorneys (collectively, the "Additional Consultants") as City may require to process and negotiate permits, entitlements and proposed conditions of approval of the Project, (collectively, the "Expenses").

B. Within five (5) days of the City's approval of this Agreement, Applicant shall pay to City a lump sum deposit in the amount of ONE HUNDRED AND FIFTYNINE THOUSAND AND TWO HUNDRED AND SIXTY-FOUR DOLLARS ($159,264.00) ("Initial Deposit"), which deposit represents City's best estimate of Applicant's ultimate obligation hereunder with respect to the Expenses.

C. If City subsequently determines that the Initial Deposit is insufficient, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Applicant shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each a "Supplemental Deposit"). If Applicant does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to City, work on the EIR shall be suspended until the applicable Initial or Supplemental Deposit is made to City.

D. City shall provide Applicant with a monthly accounting of City's use of the Deposits to pay Expenses within a reasonable lime after the end of each calendar month during the term of this Agreement.

E. City shall promptly refund to Applicant any amount of Applicant's Deposits that remain unexpended at the end of the Project as well as provide Applicant with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Applicant has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Applicant shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Agreement.
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F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.

3. Abandonment of Project. This Agreement does not constitute a commitment by Applicant to proceed with the Project and Applicant may choose to not proceed with the Project at any time for any or no reason whatsoever. If Applicant should abandon the Project prior to a final decision on its application by City, then Applicant may give written notice of such abandonment to City and City shall immediately suspend preparation of the EIR and all other aspects of the environmental review for the Project.

4. Conflicts of Interest.

A. During the existence of City's contract with the CEQA Consultant, and for a period of one (1) year after final resolution of Applicant's application for the Project, neither Applicant, nor any of its representatives, agents or other persons acting in concert with Applicant, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Applicant propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.

B. Applicant makes the following warranties for the 12 month period preceding the submission of its application for the Project. Applicant warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents or employees. Applicant further warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).

C. The parties acknowledge and agree that processing of Applicant's application for the Project is not contingent on the hiring of any specific contractor.

D. The parties acknowledge and agree that Applicant's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.

E. Neither Applicant nor its officers, employees or agents shall - 3 -
communicate with the CEQA Consultant or any additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.

5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Applicant shall have a reasonable time thereafter within which to review and provide comments to and consult with City on such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Applicant shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Applicant has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the Environmental Consultant pursuant to the Consultant Contract without obtaining Applicant's prior consent. Upon the execution of (i) the Consultant Contract and any amendments thereto by Environmental Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Applicant's obligations with respect to such executed Consultant Contract and Contracts (each as amended) will be governed by the terms and conditions of this Agreement.

6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

City:

City of Irwindale
Attention: Chief Deputy City Clerk
5050 N. Irwindale Avenue
Irwindale, CA 91706
Applicant:

United Rock Products
Attn: William J.T. Boyd, President
135 S. State College Blvd., Ste. 400
Brea, CA 92821
- 4 -

7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.

8. Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Applicant of its obligations under this Agreement and the preparation by the City of CEQA environmental document for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.

9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Applicant as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.

10. Time of the Essence. Time is of the essence of each and every provision of this Agreement.

11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.

12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.

13. Further Assurances. Each party, at the request of the other, shall - 5 -
execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
- 6 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
- 7 -
CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
"APPLICANT":

United Rock Products, a California
corporation
By: ____________ _
Name: William J.T. Boyd
Title: President
Address: 135 S. State College
Blvd., St. 400
Brea, CA 92821
By: ____________ _
Name: Mark Pachura
Title: General Manager
Address: 135 S. State College
Blvd., St. 400
Brea, CA 92821

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notaiy public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 8 -

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docun1ent to \Vhich this certificate is attached, and not the truthfulness, accuracy or validity of that docun1ent.

STATE OF CALIFORNIA

COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
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IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
CC Item 1a
SA Item 10a
HA Item 13a FEBRUARY 22, 2023

WEDNESDAY
5:00 P.M.

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

ROLL CALL: Present: Council/Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern I Vice Chair Albert F. Ambriz; Mayor I Chair H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager I Executive Director; Adrian Guerra, City Attorney I General Counsel; and Laura Nieto, Chief Deputy City Clerk I Assistant Authority Secretary AB 2449 DISCLOSURES None.

SPONTANEOUS

COMMUNICATIONS

RECESS TO

CLOSED SESSION

RECONVENE IN

OPEN SESSION

ADJOURNMENT
None.

At 5:04 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 Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
Title: City Attorney
ACTION: Discussed; no action taken
At 6:31 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 9:30 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
__ ,.--,,_..--~----.'--,~c~cs1tem 2
t
Printed: 4/20/2023 9:31 AM

IRWINDALE ----------
Check No Vendor No Vendor Name Check Date
79483 AHO! AH Illusions Inc. 04/06/2023
79484 CASTR006 Candice Castro 04/06/2023
79485 CHARTEOI Charter Communications 04/06/2023
79486 FLOREOI Karla Flores 04/06/2023
79487 FRONTOI Frontier Communications 04/06/2023
79488 LEDEZMA Erica Ledezma 04/06/2023
79489 NIETOOI Laura Nieto 04/06/2023
79490 OPTUMOI OptumRx, Inc. 04/06/2023
79491 RICOH02 Ricoh USA, Inc 04/06/2023
79492 SANCHO! Jaycon Sanchez 04/06/2023
79493 verizonw Verizon Wireless 04/06/2023
79494 VISIONOI Vision Service Plan - (CA) 04/06/2023
79495 CALIF056 California State Disbursement Unit 04/06/2023 79496 CALIF057 California State Disbursement Unit 04/06/2023 79497 ALLIAN Alliant Insurance Services, Inc. 04/13/2023 79498 AMERIFID American Fidelity Assurance 04/13/2023
79499 APIOI ReyApita 04/13/2023
79500 AREYOl Benjamin Areyan 04/13/2023
79501 BRIGHT02 Bright Stars Academy 04/13/2023
79502 CHARTEOl Charter Communications 04/13/2023
79503 CONCEOI Concentra 04/13/2023
79504 DICKEROl Dickerson, McCulloch & Associates, LLC 04/13/2023 79505 HO YEN Noelle Hoye 04/13/2023
79506 LIEBERT Liebert Cassidy Whitmore 04/13/2023
79507 LIEBERT Liebert Cassidy Whitmore 04/13/2023
79508 LOPE03 An1anda Lopez 04/13/2023
79509 LOPE22 Fernando Lopez 04/13/2023
79510 CALIBEOl Lawrence E. Marino 04/13/2023
79511 NAVARR04 Humberto Navarro Jr. 04/13/2023
79512 NUNE25 Cesar Nunez 04/13/2023
79513 OFFICE03 Office Depot 04/13/2023
79514 OPPENOl Oppenheimer Investigations Group LLP 04/13/2023 79515 PSYCHOOI Psychological Consulting Associates, Inc 04/13/2023 79516 QU!NONOl Hilda Quinonez 04/13/2023
79517 REGISTOl Registrar-Recorder/County Clerk 04/13/2023 79518 RICOHOl Ricoh USA, Inc 04/13/2023
79519 RICOH02 Ricoh USA, Inc 04/13/2023
79520 ROCHO! Sarah Rocha 04/13/2023
79521 RODA02 Irma Rodarte 04/13/2023
79522 CONTR002 State Controller's Office 04/13/2023
79523 STERICOl Stericycle, Inc. 04/13/2023
79524 verizonw Verizon Wireless 04/13/2023
79525 WALTO! Walters Wholesale Electric Co. 04/13/2023
79526 ADVANT Advantage Ford 04/26/2023
79527 ALESHIRE Aleshire & Wynder, LLP 04/26/2023
79528 ALLCIOI All City Management Services, fuc 04/26/2023 79529 ALLISOOl Allison Mechanical, fuc 04/26/2023
AP Checks by Date - Summary by Check Number ( 4/20/2023 9:31 AM) Check Amount
495.00

58.00 281.06
715.00
353.08
450.00
125.11
44,313.23
1,749.03
495.78
787.50
2,838.14
604.15
143.07
2,877.00
8,855.80
198.96
198.96
900.00
217.88
133.00
2,178.00
1,240.00
382.50

60.00 450.00

57.00 1,567.00
200.00
3,000.00
3,627.30
7,508.50
440.00

37.00 4,002.67
1,229.81
1,673.13
198.96

20.00 3,597.78

95.37 3,295.13

88.20 63.80
45,613.50
932.10
2,038.00

Check No Vendor No Vendor Name Check Date Check Amount
79530 AMAZON! Amazon Capital Services, Inc. 04/26/2023 1,638.92 79531 AZUSAPOI Azusa Plumbing Supply 04/26/2023 82.71
79532 BAXTEROI Badge Frame, Inc 04/26/2023 60.00
79533 BAKEROI Baker & Taylor Books 04/26/2023 263.95
79534 BAKERIO Bakers Man Production 04/26/2023 900.00
79535 MIJACA Balcon Holdings, Inc. 04/26/2023 241.00
79536 BILLST Bill's Truck Repair, Inc. 04/26/2023 175.00 79537 BLACKA Black & White Emergency Vehicles 04/26/2023 100.00 79538 CALI12 California Consulting Inc. 04/26/2023 4,500.00 79539 CHRISNOI Chris Nelson & Associates, Inc. 04/26/2023 3,045.00 79540 CINTAS Cintas Corporation #693 04/26/2023 449.66
79541 DAVIDE David Evans & Associates Inc 04/26/2023 874.60 79542 DIVIS!Ol Division of the State Architect 04/26/2023 95.60 79543 ECOLABO! ECOLAB 04/26/2023 107.02
79544 BATEOI Elior Inc. 04/26/2023 4,477.00
79545 ENVIR005 Environmental Science Associates {ESA) 04/26/2023 54,955.35 79546 EWING! Ewing Irrigation Products, Inc. 04/26/2023 344.00 79547 FCGO! FCG Consultants Inc. 04/26/2023 1,182.32
79548 FED EX FedEx 04/26/2023 20.66
79549 FILLGO! Fill Good Landscaping 04/26/2023 400.00
79550 INTELLO! Intelli·tech, Inc. 04/26/2023 492.82
79551 IRWIND04 Irwindale Chamber Of Commerce 04/26/2023 7,500.00 79552 ITERIS Iteris, Inc. 04/26/2023 9,654.37
79553 JCSPLU JC's Plumbing & Backflow Svc 04/26/2023 500.00 79554 LEXI SN LexisNexis Risk Solutions 04/26/2023 303.00 79555 MIDAS Manuel C Muratalla 04/26/2023 422.31
79556 MARJPO Mariposa Landscapes, Inc. 04/26/2023 8,796.00 79557 MEJIA05 Jaime Emmanuel Mejia 04/26/2023 29,425.00 79558 OFFICE03 Office Depot 04/26/2023 3,373.53
79559 PHASEII PARS 04/26/2023 1,750.00
79560 PRAXAI Praxair 04/26/2023 64.22
79561 PRO PRINT Pro Printing, Inc. 04/26/2023 2,048.10
79562 RICOHO! Ricoh USA, Inc 04/26/2023 1,728.56
79563 RJGHTOI Right of Way, Inc. 04/26/2023 147.83
79564 ROSENO Rosenow Spevacek Group Inc 04/26/2023 655.00 79565 THALESO! Thales Consulting Inc. 04/26/2023 2,300.00 79566 TUTORO! Tutor.com 04/26/2023 2,000.00
79567 WEATHOI Weatherproofing Technologies, Inc. 04/26/2023 3,664.21 79568 WESTC005 West Coast Arborists, Inc. 04/26/2023 12,453.00 Report Total (86 checks): 311,576.24
AP Checks by Date · Summary by Check Number ( 4/20/2023 9:31 AM) Page2 ISICity Council
ISi Successor Agency
ISi Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 26, 2023
lityef

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
cc Item 3
SA Item 12
HA Item 14
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager/Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending March 31, 2023.

City Manager/Executive Director's Recommendation:

That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2023.

Administrative Action:
.Submitted & Prepared by:

Kambiz Borhani
Authority Finance Director/ Authority Treasurer
(626) 430-2221
Reviewed by:

Adrian R. Guerra, City Attorney/General Counsel
Kambiz Borhani
Authority Finance Director/ Authority Treasurer
Approved by:

Julian A, Miranda, City Manager/Executive Director
Electronically Approved

Background and Analysis:

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 attached Investment Report summarizes the cash balances and investments as of March 31, 2023, for each agency. The City of lrwindale's balances include investments of all funds of the City and its agencies, 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.

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation Authority are pooled to maximize interest yields. The Reclamation Authority Board is not scheduled to meet again until June 14, 2023. Therefore, this same Investment Report will be included in the Reclamation Authority's Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

There is no fiscal impact to receive and file this report.

Attachment:

City of Irwindale Investment Report- March 31, 2023

CITY OF IRWINDALE

INVESTMENT REPORT
March 31, 2023

PAR VALUE/ CURRENT PURCHASE MATURITY MKTVALUE I INVESTMENT SECURITY DESCRIPTION ORIGINAL YIELD TO ENDING

COST MATURITY DATE DATE BALANCE RATINGS
CITY OF IBWfNDALE (POOLED~ ALL FY~Q§, INCLUDING RECLAMATIQN AUTljORITY) BANK OF THE WEST GENERAL ACCOUNT $ 549,229 0.36% $ 549,229 WELLS FARGO BANK MONEY MARKET ACCOUNT $ 288,212 4.55% $ 288,212 LOCAL AGENCY INVESTMENT FUND {LAIF) $ 50,130,956 2.74% $ 49,454,706

US GOVERNMENT AGENCIES
FEDERAL HOME LN BKS CONS BD (FHLB) $ 5,000,000 0.52% 07/28/21 01/28/25 $ 4,661,450 Aaa/ AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE {FFCB) 5,000,000 0.58% 06/23/21 06{23/25 4,622,250 Aaa I AA.+ FEDERAL FARM CR BKS CONS SYSTEMWIDE {FFCB) 3,000,000 0.90% 06/15/21 06!15/26 2,709,870 Aaa I AA.+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06130/21 06/26/26 4,527,500 Aaa I AA.+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 0.50% 06/30/21 06/30/26 4,521,250 Aaa I AA.+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.87% 07/28/21 07/28/26 4,474,000 Aaa/ AA+ FEDERAL HOME LN BKS (FHLB) 5,000,000 0.50% 07/29/21 07/29/26 4,535,050 Aaa/ AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 1,000,000 3.42% 08129/22 11/15/24 946,781 Aaa/AA+ FEDERAL HOME LN BKS CONS BD (FHLB} 1,000,000 3.45% 08/29/22 12/27/24 944,698 Aaa/ AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 1 000 ODO 3.28% 08/29/22 02122127 917109 Aaa/ AA+ Sub-Total US Government Agencies: $ 36,000,000 $ 32,859,958

MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE $ 1,000,000 3.35% 08130/22 04/01/24 $ 982,598 Aa2/ AABAY AREA CALIFORNIA TOLL AUTHORITY 1,000,000 3.50% 08130122 04/01/25 959,037 Aa3/ AA CALIFORNIA STATE TAXABLE 1,000,000 4.30% 01/09/23 10101126 1,046,378 Aa21 AACOAST COMMUNITY COLLEGE DISTRICT CALIFORNIA 1 000 000 4.22% 02/09/23 08/01/26 940 008 Aa1/AA+ Sub-Total Municipal Bonds: $ 4,000,000 $ 3,928,020

CORPORATE BONDS
Wells Fargo & Company $ 2,000,000 6.25% 10/21/22 10/21/27 $ 2,030,129 A1/BBB+ Toyota Motor Credit Corporation 1 000 000 5.00% 11110/22 10/16125 911 209 A1 /A+ $ 3,000,000 $ 2,941,338

CERTIFICATES OF DEPOSIT
BANK OF CHINA $ 245,000 3.159% 08/31/22 02128124 $ 240,667 FDIC Insured JP MORGAN CHASE BANK 245,000 3.40% 08/31/22 08/30/24 239,506 FDIC Insured APEX BANK 245,000 3.153% 08/31/22 08/30/24 238,672 FDIC Insured UBS BANK USA 245,000 3.40% 08/31122 09/02/25 236,465 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35% 08/31/22 09/02/25 236,233 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50% 08/31/22 08/31/27 231,577 FD!C Insured CAPITAL ONE BANK USA 245,000 3.45 % 08/31/22 08/31/27 231,131 FD!C Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45% 08/31/22 08131/27 231,131 FDIC Insured ALLY BANK 245,000 3.35% 09/01/22 09/01/26 233,120 FDIC Insured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02/27 231,119 FDIC Insured CUSTOMERS BANK 245,000 3.00% 09106122 09/06/23 242,762 FD!C Insured MEDALLION BANK 245,000 3.25% 09/07/22 09/08/25 235,571 FD!C Insured BMO HARRIS BANK 245,000 3.15% 09/09/22 03/11/24 240,554 FD!C Insured DR BANK 245,000 3.60% 09109122 09/09/26 234,913 FDIC Insured SAFRA NATIONAL BANK 245,000 3.05% 09109122 10/10/23 242,447 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 231,131 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 231,131 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3.30°% 09/14122 03/13/26 234,273 FDIC Insured PONCE BANK 245,000 3.35% 09/14/22 09/14/27 229,973 FDIC Insured FIRST NATIONAL BANK 245,000 3.45 % 09/19/22 09120127 230,976 FDIC Insured FlRSTWESTERN TRUST BANK 245 000 4.55% 01/06/23 01/06/28 241 832 FDIC Insured Sub-Total Certificates of Deposit: $ 5,145,000 $ 4,945,185 Total City of Irwindale Investments (Pooled Funds): $ 99,113,398 $ 94,966,648 HOUSING AUTHORITY (Fun"§ j1 & 12}
BANK OF THE WEST GENERAL ACCOUNT $ 1,977,311 0.36% $ 1,977,311 LOCAL AGENCY INVESTMENT FUND (LAlF) 5 688 699 2.74% 5 611 960 $ 7,666,010 $ 7,589,271
SUCCESSOR AGENCY (Euads 50-661
BANK OF THE WEST MONEY MARKET ACCOUNT $ 460,924 0.36% $ 460,924 LOCAL AGENCY INVESTMENT FUND (LAlF) 8 631 336 2.74% 8 514 903 $ 9,092,261 $ 8,975,827
GRAND TOTAL OF INVESTMENTS $115,871,668 $ 111 531746
This investment portfolio is In conformity with the City of !rwindale'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 liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.21 years, and the weighted average yield of the City's pooled investments at cost is 2.26%. Market pr1ces of securities are obtained directly through Bank Statements. Due to liming, Bank of the West Genera! Account balances are pre-reconciled and yield rates are based on the prior month's account analysis statement.

Approved by ~ 80-~' Kam biz Borhani, Finance Director I City Treasurer IZJCity Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 26, 2023
lYtyef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: 4th of July Fireworks Spectacular Show Update
City Manager's Recommendation:

Receive an update on the 4th of July Fireworks Spectacular Show Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
(626) 430-2211
Reviewed by:

CC ltem4
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director/City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On April 27, 2022, the City Council approved Resolution No. 2022-38-3288, entitled, A Resolution of the City Council of the City of Irwindale, California, Waiving Formal Bidding Procedures Pursuant to Irwindale Municipal Code Section 3.44.080(H), Authorizing the Issuance of a Purchase Order and Authorizing the City Manager to Enter into an Agreement with Pyre Spectaculars, Inc. to provide Fireworks Display Show at the Housing Authority owned 10-acre Site on Allen Drive. The contract with Pyre Spectaculars, Inc. is a three-year contract agreement with set prices for each year. At this meeting, Mayor Ortiz requested that the City still contact the firework company that

the Irwindale Speedway uses to see if they are available on July 4, 2023 to see if the cost will be less than Pyro Spectaculars. Staff agreed to reach out to this company, Garden State Fireworks.

In March 2023, staff contacted Steve Jeffiries of Garden State Fireworks and was informed that Garden State Fireworks is not available on 4th of July. Last year, Garden State Fireworks picked up a few more city contracts for 4th of July after another vendor lost its license to provide this service. As a result, they are no longer available on this date.

Staff is moving forward with Pyro Spectaculars, Inc. as the firework company for this year's show per the three-year contract agreement.

Additionally, the continuation of the 4th of July Fireworks Spectacular Show on the Housing Authority 10-acre property requires two approvals. The first is approval from the Housing Authority Board to use the 10-acre Site. On April 26, 2023, the Housing Authority Board adopted Resolution No. 2023-04-135, authorizing and approving the use of the 10- acre Site for the 4th of July Fireworks Spectacular Show. The second deals with the required fall zone radius of 420', which encroaches into private property thus requiring the City of Irwindale to obtain approval from the property owner. The City has received approval from the private property owner to allow for encroachment into their property, which enables the City to continue to have the 4th of July Fireworks Spectacular Show at this location.

Fiscal Impact:

The 2023 Fireworks show costs $34,350 and this cost has been covered annually by a sponsorship from Athens Services. Sufficient funding for this show is available from a donation made from Athens Services.

Attachment:

Pyro Spectaculars, Inc. 2022 Signed Contract

Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Irwindale
Program A
July 4, 2022, 2023 & 2024
Page I of 4
PRODUCTION AGREEMENT ii (Speolal)
This agreement (uAgreement") is made this :11 day of /Jrnt' i J .2ll22 by and between Pyro Spectaeu1ars, Inc., a CaHfbrnia corporation. hereinafter referred to as {"PYRO"), and City of Irwindale, ~rred to as ("CLIENT"), PYRO and CLIENT are sometimos referred to as "Party" or collectively as "Parties" herein.
l. Engagement - CLIENT hereby engages PYRO to provide to CLIENT three (3) fireworks productions (''Production''), and PYRO accep1s sueh engagement upon all of the promises, terms and conditions hereinafter set forth. The:: Production shall he mbstantially as outlined in Pro Sf Rm "/!",attached hereto and incorporated herein by this reference,
l. 1 PYRO Dutlts- PYRO shall provide aJJ pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application fur specific pyrotechnic permits (the cost of which,. including stJ111dby fees1 shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its pert to be pcrfonned, including preproduction services, all as more speoificillly set forth below in this Agreement and in the Scope of Work ("Soope of Work"), attached hereto, incorporated herein by this reference, .and made a. part of this Agreement as though set forth runy herein.

1.2 CLIENT Dutje1- CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necesslllY to utilize the Site for the Production, and the other things on its part to be perftmned as more specifically set forth below in this Agreement and in the Scope of Work. All Site ammgements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shaU be tho rcsponsibitityofCLIENT, including. but not limited to, aceess, use, control, parking and general safety with respect to the public, CLIENT personnel tllid other contractors.

2. TI me and Place -The Productions shall take place on July 4. 2012. 2023 and 2024. at approxhnat~y 9;00 o.m .• at Rock Ouarn across the street from tl1e City Hall. SQDO Allen Dr .. frwl11daJe., ~ Site.

3. Fees. Interest. and Exoe1Hes -

3.1 Fee· CLIENT agrees to pay PYRO a fee of rnusD (fH!RTY-THREE THOUSAND THREE HUNDRED FIFIY DOLLARS) ('Fe~') for the Production. CLIBNT shall pay to PYRO an initial payment C~nlttal Payment") equal to SO% of the Production Fee $16.675.00USD (SIXTEEN THOUSAND SIX !l!lNDRED SEVENTY FIVE DOLLARS) plus estimated pennit and standby mes, and other regulato<)' costs approximal<:d at $00.00 OR an amount to be determined, for a total of$16.67S.OO. upon the execution ofthls Agreement by bolh parties but no later lhanAnril 13. 2Q22. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Soope of Work ("Preproduction Services and Costs11.) The balance of the Fee shall be paid no later than July s, 2022. CLIENT authorizes PYRO to recejve and verify credit and finanohtl lnfonnation concerning CLIENT from any -agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set fcnth in paragraph 20.

3.2 J'tt.- For the July 4. 2023 Producflon, CLIENT agrees to pay PYRO a fee of $34350.!JO USD ITHffiTY-FOUR THQUSAND THREE HUNDRED FIFTY DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO $17,175.00 USD ISEYENTEEN THOUSAND ONE HUNDRED SEVENY~FIVE DOLLARS) of the Fee plus estimated pennit and standby feet>. specified production oosts1 und other regulatory costs approximated at~ OR an amount lo be de-termlned, for a total of$17.11S.OO, ftS a deposit ("Deposit") no later than Apdl 3. 2023, The balance afthe Fee shell be paid no later than Juiy 5. 2023.

3.3 J!'.tt.- For the July 4, 2024 Production, CLIENT agrees to pay PYRO a fee ofSlS,3511.00 USD <THIRTY-FIVE THOUSAND T!IREE HUNDRED FIFfY DOLLARS) ("Fee") for tho Production. CLIENT shall pay to PYRO $17,675.00 USD (SEVENTEEN IBOUSAND SIX HQNDRED SEVENTY-FIVE DOLLARS) of the Fee plus estlmated pennit and standby fees, specified production costs, and other regulatory costs approximated at~ OR an amount to be determined, for a total of $17.675.00, as a deposit (''Deposit'') no later than Apr!l t. 2024. Thc balance of the Fee shall be pttid no later than Jqly s. 2024.

3.4 Upon mutual written agreement of the Partles, lhis Agreement maybe extended by the Parties for up to two (2) additional one (1) year terms, the cost of which shall not exceed 10% from year2024 to 2025 and year 2025 to 2026.

3.S Interest - In the event that the Fee is not paid in a timely manner, CLIENT wiH be responsible for the payment of 1.S% interest per month or 18% annually on the unpaid ha.lance. If litigation arises out ofthls Agreemontt tho prevailing party shall be entitled to reasona.ble costs incurred in connection with the Iitigatic>n, Including, but not llmited to attorneys' tees.

3.6 Jtxpens:es-PYRO shell pay all nonnol expenses directly .related to the Production including freight, insurance as outlined. pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up end discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay ell coott1 relatc<i to the Production not supplied by PYRO including, but not limited tot those items outlined as CLIENT's responsibility in this Agreomont and Scope of Work.

4. Proprietary RJghts - PYRO rep~ents and warrants that it owns all copyrights, including perfonnance rights, to this Production, except that PYRO does not nwn CLIENT-awned material orthird-pRrty-owned materiel that has been Included in the Production. and as to such CLIBNT-owned and third-partyowned material, CLIENT assunu~s full responslhllity therefore. CLIENT agrees that PYRO shall retain ownership of. and aU copyrights and other rights to~ the Production, exoept that PYRO shall not acquire or retain WlY ownership or other rights in or to CLIENT ..awned material and 'third-party-owned material and shall not be responsible in any way for such materJal. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names thature used in or are a product of the Production. Any re pro duct.ion by sound, video or other duplication or recording proct.'l8s without the express written permission of PYRO is prohibited.

PSI V-2021-2
Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813
City of Irwindale
Program A
July 4, 2022, 2023 & 2024

5, ~ w PYRO and CLIENT shall each oomply with applicable federal, state and local Jaws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production) it shall be within PYRO's sole discretion to detennine whether or not the Production may be safely dlschm-ged or continued. It shall not constitute a b~acb -of lhis Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be.discharged or continued as a result of any conditions or circumstances affecting sid'ety beyetnd the reasonable control ofPYRO.

6. Securltv ~CLIENT shell provide Rdequate security personnel, barricades, and Police Depintment services as may be necessary m preclude individuals other than those aulhortzed by PYRO frorn Ql\tering an area to be designated by PYRO as the area for the set-up and discharge of the Production.. including a fallout area satisfactory to PYRO where the pyrotechrtics may safely rise and any <lebris may safely fall. PYRO sh~dl have no rcsponsibillty for monitoring or controlling CUENT"s other contractors, providers or volunteer~ the public; areas to which the public or contractors have accc:ss; or any other public or contractor fe.cilities essooiDted with the Production.

7. Clean11p ~ PYRO sh~! be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any <>ther clean up which may be required of the Productfo1J. or set-up. discharge and fallout areas Including any environmental clean-up.

8. Permits- PYRO agrees to apply for permi!s for the firing of pyrotechnics only from the LosAnge1es County Fire Departm-ent, F~ and USCG~ if required. CLIENT shell be responsible for any fees essooieted with these permits including standby fees. CLIENT shall be responsible fur obtAinlng any other necessery permits. paying associated fees, and making other appropriate arrangements for Police Departments. other Fire Departments, road clmiures, event/activity or Jan.d use pCntlits or any permission or permit required by any Local, Regional, State or Pedera1 Government.

9. lnsurance - PYRO shall at all thnes during tlte performance of services herein ensure that the following lnsuranca is maintained in connect!Qn with PYRO's perfonnance of this Agreement (1) commercial general UabUlty insurance, including products, completed operaticms, and contractual liability under this Agreement; {2) automobile liability lnsur~C(l, {3) workers' compensation insurance and employee- Habillty insunmee. Such insurance is to protect CLIENT ftom claims for bodily injmy, including death, personal injUJY, and from cl alms of property damage. which may arise from PYRO's perfomiance of this Agreement,, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLJENT's negligence or willful conduct or ftom fallure of CLIENT to perform ils obligations under this Agreement, coverage for which shall be provided by CLIENT.

The coverage nf these policies shall be subject to reasonable inspection by CLIENT. Certificates of rnsurancc ~idcneing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Sqrge Owners, if any; and Pennitting Authorities, with respect to the opera!ions of PYRO at the: Production. Pyrotechnic .subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and sel'\lices. ·

10. 1ndemul0catton • PYRO represents and warrants that it is capable of furnishing the necessary experien<le, personnel~ equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwlthst1mding anything in this Agreement to the contrary, PYRO shall Indemnify, hold hannless, and defend CLIENT Rnd the addidonal insureds from and against any and all claims, actions, damages. liabilities and expenses, includini but not limited to, attorney and other professional fees and comt costs. in connection with the loss of life, personal injury, and/or damage to property. arising from or out of the Production and the presentation !hereof to the extent suoh are occasioned by MY act: or omission GfPYRO, the it officers, agents. oontractors. providers, or employees. CLIENT sh&l indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damage~ liability and oxpenscs, including but not limited to, attorrwy and -other professional fees and court costs in connection with the loss of life, personal injury, an cl/or damage to property. •ising from or out of the Production and the presentation thereof to the extent such are occasioned by any aot or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no went shall either party be liable for the consequential damages of the other pmfy. 11, Limitation of Damages for Ordlnacy Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 aud IO, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise neg1igent in pertbrming the Production provided for herein) CLJENT shall not be entitled to claim or recover monet!U)' damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to <:lalm or recover any consequential damages from PYRO including, without limitation, damages for loss of in co~ business or profits.

12. Force Majeure- CLIENT agrees to assume the risks of weather. strike, civil unrest, 1(lrrorism, military action, governmental action, and any other causes beyond the control of PY.RO which may prevent the Production from being safely dlschargc:d on the scheduled date) which may cause the cancellation of any event for which CLIENT has purchased the Production, oc- which may affect or damage such portion of the exhlbits as must be placed and exposed a necessary time before the Production. If. for any such reason, PYRO is not reasonably able t<l safely discharge the Production ot1 the scheduled da~ or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such ca~s. CLIENT may {i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (H) cancel the ProductIDn and pay PYRO such sums as provided in Paragraph 14; based upon when the Production is canceled.

13. Re:sel1eduHng Of£vent -If CLIENT elects to reschedule the Prodllction, PYRO shnll be paid the original Feil plus an additional expenses made necessary by rescheduling plus fl.15% service fee on such addirionaJ expenses. Sald expense$ will be invoiced separately and payment will be due in full within 5 <lay.s of receipt a.JENT and PYRO shall agree upon the rescbeduled date talcing inlo consideration availability of pennits, materials, equipmen~ transportation .and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent lo the date first set for 1he Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a :fireworks production. The Production shall not be reschedulc:d bc:twec:n June 15th and July 15th unless the: original date was July 4th of that same year, or between December 15th and January 1S1h unless the original date WM December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect nonnal bu_siness operations durfngthose periods.

14. Right To CancCI -CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option.

CLIENT agrees to pay to PYRO, as Uquidated damages-, lhe following percentages of the Fee as set furth in Par~raph 3.l. 1) 50% if cancellation occurs 30 or mo.re days prior to the .scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 1000.4 then:after. In the eventCLIBNT cancels the Productio~ it will be impracticaJ or extremely difficult to :fix actual amount ofPYRO's damages. The foregoing represents areQSO:nabJe estimate of the damages PYRO will suffer if CLIENT cancels the Production, PSI V-2021-2
Pyro Spectaculars, Inc,
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-812() ::::Fax; 909-355-9813
City of Irwindale
Program A
July 4, 2022, 2023 & 2024

15. No Joint Venture~ It is agreed, nothing in th.is Agreement or in PVRO's perfonnance of the Produation shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an etnployee of CLIBNT. The Pa.rtles hereto shall be severally responsible for their own separate debts and obllgatlons and neilher Party shall be held responsible for 811Y agreements or obligations not expressly provided for hereln.

16. Applicable L!!w ~This Agreement and~ rights and obligations of the Partles hereunder shall be construed in acoordancc with the laws ofCQllfotnia.

It is further agreed that thr: Central Judicial District of San Bernardino County, Cotifurnia, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities havingjurisdiation -0r by either Pwty for safety concerns, the full dollar amounts outlined in this Agreement are enforceable,

17. ~ ~ Any Notice to the Parties pennitted or required under this Agreement may be given by malling such Notice in the United States Mall, postage prepaid, first class. addressed as follows: PYRO-Pyro Spectaculars. Inc., P.O. Box 2329, Rialto, California. 92377, or for overnight delivery to 3196 N.

Locust Aveaue1 Rialto, California 9'2377. CLIENT-City of Irwindale. MS& N. Irwindale Ave .. Irwindale. CA 91706.

18. ModUlcatlon of Terms-AU terms of the Agreement are in writing and may only be modified by written agreement of both Parties hemto. Both Parties acknowledge they have received e. copy of said written Agreement and agree to be bound by said terms of written Agreement only.

19. Seyerability- lf there is more than one CLIENT, they shall be jointly and severalty responsible to perfonn CLIENT's obligations under this Agreoment. Tbis Agreement shall beoome effective after it is executed and accepted by CLIENT and after it is execuood and accepted by PYRO at PYRO's offices in Rlalto, California This Agreement may be executed in several counterparts,. including faxed and emailed copies, each one of which sball be deemed .an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

20. Price Firm - If any changes or alterations 11re made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT 1n1d delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production arc subject to review and acx:eptance by PYRO fur a period of 15 days following delivery to PYRO of the exeeuted Agreement. In the event it is not accepted by PYRO, PYRO shnll give CLIENT written notice, and this Agreement shalt be void.

PRICE FIRM through April 13, 2022
EXECIJl'ED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.

EXECUTED as of the date first written above:

PYRO SPECTACULARS, INC.

Its:
~ President
Date:~ /st /22-
1 SHOW PRODUCER: Chrlsropher Souza
PSI V·2021-2
=
See PRICE FJRM conditionsj paragraph 20. above.

City oflnvindale
"'Fd·hd
Its: ~l;Mane;<8er
Xu I ran A. M1rarioltt..

PrintNeme
Date:

Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::::Fax: 909-355-9813

SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of lnvindale ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:

City oflrwindale
Program A
July 4, 2022, 2023 & 2024
.Page4 of4
• The Pyro Spectaculars, Inc., Productions shall tal<e place on July 4, 2022. 2023 and 2024, at approximately 9:00 p.m .. at Rock Quarry across the street from the City Hall. 5008 Allen Dr .. Irwindale. CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and oomputer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:

Insuranee Requirements
Commercial General Liabili!y
Business Auto LiabilitvOwned. Non-Owned and Hired Autos Workers' Compensation
Employer Liability
Limits
$5,000,000.00
$5,000,000.00
Statutory
$1,000,000
CLIENT shall provide to PYRO the following goods and services:

Combined Single Limit· Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
• All on-site labor costs, if any, not provided or perfonned by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the .Production and the event as a whole. • Provision ofa Safety Zone in accordance with applicable standards and all requirements of the authorities havingjurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set· up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for .PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.

PSI V-2021-2
DRAYTON INSURANCE BROKERS, INC.
2500 CENTER POINT ROAD, SUITE 301
BIRMINGHAM, ALABAMA 35215
TELEPHONE' (205) 854-5806
POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35220
FAX' (205) 854-5899

CERTIFICATE OF INSURANCE
NO. 312013
We certify that insurance is afforded as stated below. This Certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy and the insurance afforded is subject to all the terms, exclusions and conditions of the policy.

INSURER

NAMED INSURED
Admiral Insurance Company
Pyro Spectaculars, Inc.

Pyro Events, Inc.

Pyro Spectaculars Productions, Inc.

P.O. Box 2329
Rialto, California 92377
POLICY NO. CA00000277l-37
Pyro Spectaculars by Souza
Pyro Spectacular Industries, Inc.

North American Fireworks Co., Inc. (NAFCO)
San Diego Fireworks

POLICY TERM

COVERAGE
January 13, 2023 to January 13, 2024; Both Days 12:01 A.M. Standard Time Commercial General Liability: [ZI Occurrence Basis D Claims Made Basis LIMIT OF LIABILITY $5,000,000 each occurrence, $10,000,000 general aggregate, $5,000,000 products/completed operations aggregate The limit of liability shall not be increased by the inclusion of more than one insured or additional insured.

INSURED OPERA TIO NS Public fireworks display and special effects contractor It is certified that, if named below, this policy includes as Additional Insureds I) the sponsor(s), promoter{s), organizer(s) (including other entities having similar interests), of insured pyrotechnic events and/or 2) the owner(s) of real property (or barges) at which insured pyrotechnic events are held and/or 3) the owner(s), manager(s), tenant(s), mortgagee(s) (including other entities having similar interests), of buildings, stadiums, arenas and similar facilities at which insured pyrotechnic events are held and/or 4) the licensing or permitting authority, or other authority having jurisdiction, issuing licenses/permits for insured pyrotechnic events and/or 5) an:Y other entity for which the insurance is required to be afforded under written contract. Coverage applies only as respects the legal liability of such Additional Insured(s) for bodily injury and property damage caused by the operations of the Named Insured. The insurance afforded any Additional Insured does not include coverage for any bodily injury or property damage arising from the failure of such Additional Insured to fulfill its obligations specified in its contract with the Named Insured.

NAME & ADDRESS OF INSURED SPONSORS,
PROPERTY OWNERS, L!CENSORS
City of Irwindale
5050 N. Irwindale Ave.

Irwindale, CA 91706
ADDITIONAL INSURED(S) City of Irwindale, Excel Property Management Services, Inc., Five Points LLC, County of Los Angeles, Los Angeles County Fire Department and their officers, agents and employees when acting in their official capacity as such.

DISPLAY LOCATION
Rock Quarry across from City Hall Irwindale Park
Irwindale, CA

DISPLAY DATE(S)
July4, 2023
It is certified that this policy requires a 30 day mutual notice of cancellation between the Insurer and the Named Insured. In the event of such cancellation we will endeavor to mail 10 days written notice to the Additional Insured(s), whose name and address is shown hereon, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer and/or the undersigned, January 17 2023

DATE OF ISSUE
DRAYTON INSURANCE 8ROKERS, INC.

RINGER, PRESIDEN
CALIFORNIA LICENSE NO , 18664
Policy Number: CAOD000277 l -37 Al 08 76 02 03
Effective Date: 1113/2023
TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
COlvlMERCJAL PROPERTY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART
It is hereby declared and agreed that the following entities are included as Additional Insured(s) hereunder. 1) Sponsor(s), promoter(s), organizer(s) (including other entities having similar interests), of insured pyrotechnic events and/or insured pyrotechnic premises. 2) Owner(s) of real property (or barges) at whlch insured pyrotechnic events are held and/or insured pyrotechnic premises are located.
3) Owner(s), manager(s), tenant(s), mortgagee(s) (including other entities having similar interests), of buildings) stadiun1s, arenas, stores and other similar facilities at which insured pyrotechnic events are held and/or insured pyrotechnic premises are located. 4) The licensing or permitting authority, or other authority having jurisdiction, issuing licenses/permits for insured pyrotechnic events and/or insured pyrotechnic premises. 5) Any duly licensed pyrotechnician_ acting either as a licensing cover for an insured pyrotechnic event or, alternatively, as an operator for a pyrotechnic event fired by the Named Insured. - 6) Any other entity for which the Named Insured is contractually obligat<:d· to provide imrruance such as is afforded by the terms of this policy.
but only if such entities are listed as additional insured(s) in a certificate of insurance issue.d under the tenns of this endorsement and always subject to the limitations or conditions set out in such certificate of insurance.

The coverage afforded such Additional Insured(s) does not apply to injury or damage arising from the failure of any such Additional Insured to fulfill its obligations specified in its contract with the Named Insured.

Al 0876 02 03 Page 1 ofl D
Policy Number: CA00000277 l-37 Al 08 76 02 03
Effective Date:1/13/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COVERAGE AMENDMENT-PRIMARY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

COMMERCIAL PROPERTY COVERAGE FORM

PROFESSIONAL LIABILITY COVERAGE FORM
It is hereby declared and agreed that, if so stated in a certificate of insurance, the coverage afforded any entity included as an Additional Insured under the terms of this policy shall I) Be primary and non-contributory with any policy of insurance (or self-insurance) issued directly to the Additional Insured.
2) Provide a waiver of subrogation in favor of such Additional Insured.

Al 08 76 02 03 Page 1 ofl D
IZl City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 26, 2023
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 5
Issue: Amendment No. 2 to Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments and the City of Irwindale for Participation in the San Gabriel Valley Regional VMT (Vehicle-MilesTraveled) Analysis Model City Manager's Recommendation:

That the City Council authorize the City Manager to execute Amendment No. 2 to the Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments and the City of Irwindale which will: 1) update the web-based Regional VMT Model and Assessment Tool to the scope of work with a maintenance period of 5 years; 2) approve a Not to Exceed amount of $15,000; and 3) extend the term of the MOA to April 1, 2028.

Administrative Action:

Submitted by:

William Tam
Interim Director of Engineering/City Engineer
Prepared by:

Luis Pimentel
Interim Associate Engineer
(626) 430-2296
Reviewed by:

Adrian Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Electronically approved
by City Attorney

Background and Analysis:

On June 10, 2020, the City Council ratified the Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale for participation in the San Gabriel Valley Regional VMT (Vehicle-Miles-Traveled) Analysis Model.

In order to comply with changes to the California Environmental Quality Act (CEQA) under State Senate Bill SB 743, it was necessary for the City to develop a VMT traffic analysis model to review and assess transportation impacts for new projects. After receiving requests from a majority of the San Gabriel Valley cities to lead a regional effort to assist cities with completing these VMT requirements, the San Gabriel Valley Council of Governments (SGVCOG) provided professional consultant services to complete the San Gabriel Valley Regional VMT Analysis Model.

At the VMT Analysis Tool Update Information Session held in fall 2022, SGVCOG staff outlined the need for updates to the existing VMT Analysis Model and Tool. These updates follow a change in modeling from SCAG to an activity-based model for measuring VMT. They are necessary to ensure that baselines and adopted thresholds used by San Gabriel Valley cities reflect the latest data and modeling in compliance with SB 743. This will also require updates to the web-based tool that was built to help cities assess whether proposed projects would trigger VMT thresholds.

Amendment No. 2 to the Memorandum of Agreement (MOA) will:

1. Update the web-based Regional VMT Model and Assessment Tool to the scope of work with a maintenance period of 5 years. This Analysis Tool will include individual city data bases with VMT decision points as adopted by City, update on a quarterly basis the Los Angeles County Assessor Parcel data, and associated web-based mapping. Standard maintenance on all data and applications will be provided and data will be updated when new versions become available; and

2. Approve the Not to Exceed Amount of $15,000; and

3. Extend the term of the MOA to April 1, 2028.

Fiscal Impact:

The revised Not to Exceed Amount of $15,000 is for the entire term of Amendment No. 2 which ends on April 1, 2028. There are sufficient funds budgeted in the Public Works Engineering budget (01-52-522-42300-0000) for this cost.

Attachment(s):
• Amendment No. 2 to Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale for participation in the San Gabriel Valley Regional VMT Analysis Model
• Executed Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale for participation in the San Gabriel Valley Regional VMT Analysis Model and Amendment No. 1.

Page2
AMENDMENT NO. 2
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR

PARTICIPATION OF THE SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Second Amendment to Memorandum of Agreement ("Amendment No. 2") is made and entered into as of date executed by both parties, by and between the San Gabriel Valley Council of Govermnents, a joint powers authority ("SGVCOG") and the City ofirwindale ("City") with reference to the following:

A. The SGVCOG and the City entered into that certain Memorandum of Agreement dated as of April 6, 2020, which is incorporated herein by this reference (the "MOA'').

B. The SGVCOG and the City previously amended the scope of work of the MOA, increased the compensation to be paid to the SGVCOG, extended the term of the MOA to July 31, 2025, and amended the Parties responsibilities to reflect such changes through that certain Amendment No. 1 to the MOA ("Amendment No. l "). The MOA and Amendment No. 1 are collectively referred to herein as the "MOA''.

C. The MOA assigned various responsibilities to the parties wherein the SGVCOG was to retain a consultant to create a program for cities, including the City, to implement a Regional VMT Analysis Model (PROGRAM) to streamline the City's VMT-related impact analyses and ensure successful compliance with Senate Bill 743.

D. The SGVCOG's consultant performed an analysis and created a Regional VMT Model and Assessment Tool which the City was able to utilize for the purposes set forth in the MOA, which was based on the Southern California Associated Govermnents (SCAG) RTP Model (2016).

E. SCAG has adopted a new model, the RTP Model (2020), which was not available prior to the regulatory deadline for implementing Senate Bill 743 and at the time the SGVCOG's consultant created the Regional VMT Model and Assessment Tool.

F. The effect ofSCAG's adoption of the new model is thatthe Regional VMT Model and Assessment Tool created by the SGVCOG's consultant, if used by the City, may not meet requirements of the California Enviromnental Quality Act (CEQA), which requires the most current available data when a project's enviromnental impacts are being analyzed.

G. The SGVCOG and the City desire to have the SGVCOG's consultant update the Regional VMT Model and Assessment Tool based on SCAG RTP Model (2020) so it can continue to be used to fulfill the purpose set forth in the MOA.

NOW, THEREFORE, the parties hereby agree as follows:
01005.0006/875754.l

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the MOA.

2. Revised Scope of Services. Exhibit "A" of the Agreement entitled "Scope of Work", is modified to include additional services as outlined in Exhibit "A", attached hereto and incorporated herein by this reference.

3. Term of MOA. The term of the MOA as set forth in Article I, thereof, shall be extended up to and including April 1, 2028.

4. Responsibilities of the Parties.

Article II.A. Subsection 7 shall be deleted in its entirety and replaced with the following:
"7. Submit three invoices to the City, in an amount that does not exceed $35,145.00, as follows:
• The payment of the first invoice will be due within thirty (30) days upon the City's receipt of the first invoice for $17,395.00.
• The payment of the second invoice will be due by September 30, 2020 for an amount that does not exceed $2,750.00.
• The payment of the third invoice will be due by July 31, 2023 for an amount that does not exceed $15,000.00."
Article II.A setting forth SGVCOG's responsibilities shall be amended to add the following:
"8. Amend the contract with its consultant to update the PROGRAM based on the SCAG RTP Model (2020) to fulfill the purpose of the MOA."

5. Other Terms and Conditions. Article VII of the MOA shall be amended to add the following:

L. SGVCOG covenants that it shall require the Consultant to maintain the PROGRAM for the length of this Agreement. However, in the event that the data required to be utilized to update the PROGRAM as set forth in this Amendment No. 2 is revised by SCAG at some point in the future in such a manner that the SGVCOG reasonably determines has rendered the PROGRAM non-compliant with CEQA, the SGVCOG may discontinue the PROGRAM upon written notice to the City or upon further written amendment to the MOA, the SGVCOG and City may agree to update the PROGRAM.

6. Integration. This Amendment No. 2 and all attachments hereto (if any) shall integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto.

This Amendment No. 2 amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. All references to the Agreement shall mean and include this Amendment No. 2. To the extent that there is any conflict or inconsistency 01005.0006/875754.1
between the terms and provisions of this Amendment No. 2 and the terms and provisions of the Agreement, the terms and provisions of this Amendment No. 2 shall control.

IN WITNESS hereof, the parties enter into this Amendment No. 2 on the date executed by both parties.
"CITY"
By:~~~~~~~~~~~~~~
Julian A. Miranda, City Manager
APPROVED AS TO FORM:

Adrian Guerra, City Attorney
01005.0006/875754.1
"SGVCOG"
Marisa Creter, Executive Director
APPROVED AS TO FORM:

David DeBerry, General Counsel
A. Consnltant Work
Exhibit A
Scope of Work
For purposes of this Scope of Work, the term "Client" shall mean the SGVCOG and those member agencies which have entered into an agreement with SGVCOG to share in the cost of the Scope of Work set forth herein. During the term of the Agreement, and pursuant to its terms and conditions, F&P agrees to provide to Client the following services and deliverables:

Work Product
F&P will perform tasks necessary to update the VMT Assessment Tool. F&P will also perform tasks necessary to update existing city thresholds for VMT impacts under CEQA, as required by SB 743. SGVCOG's VMT Assessment Tool was developed in 2020 and is based on the SCAG RTP Model (2016), which is a TransCAD model. The SCAG RTP Model (2020), which is an activity-based model (ABM), was not available prior to the regulatory deadline of July I, 2020 for implementing SB 743. CEQA requires the most currently available data be used for conducting environmental impact analyses, as such, this scope of work describes updates to the SGVCOG VMT Assessment Tool to reflect the current SCAG RTP Model (2020) and the updated CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021) (GHG Handbook).

TASK 8: PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
Task 8.1 Kickoff Meeting
Fehr & Peers will attend a kick-off meeting with SGVCOG staff. The purpose of the meeting will be to discuss the goals, objectives, and member cities' expectations for the study.

This meeting will cover an overview of the scope, schedule and deliverables for the Project as follows:
• Staffing
• Schedule
• Subarea engagement
• Actions local jurisdictions may need to consider (e.g., potential changes to thresholds and baselines)
F&P will also discuss and outline the key questions that will need to be addressed as part of this effort:
• How will the change to ABM affect VMT estimates and forecasts? • What VMT reduction strategies are considered feasible for mitigation purposes under the updated CAPCOA Guidance?
• How will the Tool be updated to reflect these changes to VMT calculations/forecasts and mitigation options?
• If the SGVCOG member agencies, SCAG, and/or Metro implement a VMT bank option, can the Tool be updated to calculate the VMT fee to mitigate a project? Additionally, F&P will discuss communications protocol, invoicing requirements, and other key items to ensure the project is initiated correctly.
• Deliverable 1.1.1: Kickoff Meeting documentation and action items Task 8.2 Regular Status Update Meetings
Fehr & Peers staff will prepare for and attend up to twelve (12) internal meetings, coinciding with Tasks 2, 3, and 4, with the SGVCOG Project Manager (and other SGVCOG staff as identified) (once to twice a month depending on activity), which will be conducted by Teams calls. These meetings will cover status updates on deliverables, any upcoming meetings with cities/subareas, and budget/invoicing. F &P have found that such meetings are critical to making decisions over the course of the project.
• Deliverable 1.2.1: Twelve (12) Monthly Meeting agendas, minutes, and action items Task 8.3 Agency Coordination
In addition to the kick-off meeting and internal status update meetings, Fehr & Peers will participate in five (5) meetings with member agency staff to discuss the outcome of Task 2. Notes on action items and project decisions shall be documented and provided to the SGVGOC Project Manager within two weeks of the meeting. Agendas will be prepared by mutual agreement between Fehr & Peers and the SGVCOG Project Manager and distributed by SGVCOG. Meeting arrangements will also be made by SGVCOG.
• Deliverable 1.3.1: Five (5) Stakeholder Meeting agendas, presentations, meeting minutes, and list of action items
TASK 9: PREPARE DATA FOR VMT TOOL UPDATE
Task 9.1 SCAG Coordination and Development ofVMT Methodology Using SCAG ABM The initial step will be to review the current baseline data derived from the SCAG ABM model for Los Angeles County and compare it with data derived from the SCAG 2016 RTP (TransCAD model). The comparison will cover existing and future VMT data for the following metrics:
• Citywide VMT
• VMT per capita
• Household VMT per capita
• Work VMT per employee
• VMT per service population
This analysis will require close coordination with SCAG staff to appropriately convert the ABM outputs (using scripts) for incorporation into the SGVCOG VMT Assessment Tool. This review and comparison will provide the basis for assessing and potentially updating the preferred VMT screening and threshold options in the subsequent portions of this task.

The VMT accounting between the SCAG ABM Model and the 2016 RTP TransCAD model are different. For example, the 2016 RTP TransCAD model uses home-based trips in the VMT per capita calculation (trip-based VMT) and the ABM model uses the home-based tours in the calculation, as illustrated in the following graphics. F&P will provide a detailed description of each metric and describe the differences in the calculations derived from the two models. • Deliverable 2.1.1: SCAG RTP 2020 baseline model run
• Deliverable 2.1.2: SCAG RTP 2040 model run
• Deliverable 2.1.3: Comparison ofSCAG RTP 2016 (existing model runs prepared for SGVCOG Tool) to SCAG RTP 2020 model runs
• Deliverable 2.1.4: Draft Technical Memorandum on Baseline VMT Methodology and Baseline Data Comparison of the SCAG 2016 RTP and SCAG 2020 RTP model outputs. The memo will include documentation of coordination with SCAG. • Deliverable 2.1.5: Final Technical Memorandum on Baseline VMT Methodology and Baseline Data Comparison of the SCAG 2016 RTP and SCAG 2020 RTP model outputs. The memo will include documentation of coordination with SCAG.

Task 9.2 Develop VMT by Zone and Regional Averages
Fehr & Peers, in coordination with SCAG, will develop VMT outputs by traffic analysis zone (TAZ), city, subarea, and the SGVCOG region using the SCAG 2020 RTP/SCS Activity Based Model (ABM). This effort will require development, review, and approval of scripts, review of TAZ VMT outputs, and aggregation of TAZ VMT outputs to develop city, subarea, and subregional averages by VMT type.
• Deliverable 2.2. l: SCAG Coordination Meeting Notes
• Deliverable 2.2.2: Excel file with ABM outputs for each member agency, each subarea, SGVCOG region, and SCAG region
• Deliverable 2.2.3: Draft Memorandum documenting SCAG 2020 RTP/SCS ABM Outputs for different jurisdictional boundaries (city, subarea, and SGVCOG region) • Deliverable 2.2.4: Final Memorandum documenting SCAG 2020 RTP/SCS ABM Outputs for different jurisdictional boundaries (city, subarea, and SGVCOG region)
Task 9.3 Summary of SCAG 2020 ABM Updated VMT Metrics
Fehr & Peers will prepare information that will be shared with each participating member city to provide the differences in the VMT outputs (SCAG 2016 vs SCAG 2020). In addition, F&P will produce maps to show where the VMT screening outcome is different between SCAG 2016 vs SCAG 2020 (for example, places that were VMT efficient under SCAG 2016 and are not longer under the SCAG 2020 ABM model and visa versa). Note that the Task 1.3 Agency Coordination meeting would happen as part of this sub-task to discuss the next steps and whether changes to their thresholds would be needed (see Task 3).
• Deliverable 2.3 .1: Technical Memorandum and Maps Template • Deliverable 2.3.2: Twenty-eight (28) Technical Memorandums (one for each participating member agency) with maps documenting the comparison of SCAG 2016 RTP/SCS TransCAD and SCAG 2020 RTP/SCS ABM VMT outputs for different jurisdictional boundaries (city, subarea, SGVCOG region, and SCAG region)
Task 9.4 Review List of TDM Strategies To Support Updating the VMT Assessment Tool To Reflect the 2021 CAPCOA GHG Handbook
The existing SGVCOG VMT Assessment Tool incorporated the CAPCOA guidance from 2010 into the mitigation function of the tool. CAPCOA identified a number of GHGNMT reduction strategies (e.g., travel demand management or TDM measures) accompanied by methods to estimate VMT reduction. This guidance has since been superseded by the new CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The new guidance reduces the number of VMT reduction options, and it generally reflects a more conservative VMT estimation for various TDM options. Fehr & Peers will provide a summary of the changes between the 2010 and 2021 CAPCOA guidance and provide recommendations for updates needed in the VMT Assessment Tool to reflect the latest guidance.
• Deliverable 2.4.1: Draft Technical Memorandum Describing Changes in CAPCOA Guidance and Recommendations for Updating the VMT Assessment Tool with the current data.
• Deliverable 2.4.2: Final Technical Memorandum Describing Changes in CAPCOA Guidance and Recommendations for Updating the VMT Assessment Tool with the current data.

TASK 10: VMTTHRESHOLDS AMENDMENTS FOR PARTICIPATING CITIES Fehr & Peers will share and discuss the results of Task 2 with participating cities (indicated as the Task 1.3 Agency Coordination meetings). These discussions will focus on similarities or differences between the VMT estimates calculated by each model. In addition, F&P will discuss the changes in CAPCOA guidance and recommendations for updating the VMT Assessment Tool.

F&P will prepare recommendations for each city, which may include revisions to adopted baseline (e.g., city, subarea, SGVCOG region), updates to project screening, and/or changes to the adopted thresholds. In addition, F&P will confirm which TDM measures from the CAPCOA 2021 GHG Handbook should be included.

F&P will also discuss the state of the practice as it relates to establishing VMT thresholds throughout the State of California and within the Southern California Region.

Based on the outcome of Task 2 some participating cities may wish to update their VMT baseline, significance thresholds, or the geographic area that the thresholds are based on. The following tasks are provided for those participating agencies that wish to make changes and/or present the new findings to stakeholders/elected officials.

Task 10.l Staff Reports and Public Hearings Support
For participating cities that request changes to their baseline or significance thresholds, Fehr & Peers will support amendments to adopted thresholds by assisting with staff reports, preparing presentations for public hearings, and/or presenting at public hearings. • Deliverable 3.1.1: VMT threshold recommendations for each participating city provided as a brief memorandum (executive summary of the Task 2 deliverables with brief recommendations tailored to each city)
• Deliverable 3.1.2: Staff report/presentation support for up to 28 participating cities • Deliverable 3.1.3: Presentations at 56 public hearings for up to 28 participating cities (56 virtual meetings)
Task 10.2 Update Thresholds of Significance in the VMT Assessment Tool As part of Task 4 (VMT Assessment Tool Updates), Fehr & Peers will incorporate changes to baseline or significance thresholds requested by participating cities. All Tool updates will be completed at one time for all cities that request a change to ensure the most efficient use of programming time.
• Deliverable 3.2. l: Update VMT thresholds in the SGVCOG VMT Assessment Tool Task 10.3 Update TIA Guidelines
Fehr & Peers will update the TIA guidelines for each of the participating cities (as-needed) to reflect changes to VMT baselines or thresholds of significance. • Deliverable 3.3.l: Update the VMT sections of the TIA guidelines for each participating city, as needed to reflect amendments to VMT significance thresholds.

TASK 11: VMT ASSESSMENT TOOL UPDATE
Fehr & Peers will utilize the results of Tasks 2 and 3 to update the SGVCOG VMT Assessment Tool.

Task 11.1 Prepare Data for Tool Update
Fehr & Peers will use the results of Task 2 to update the VMT data in the SGVCOG VMT Assessment Tool.
• Deliverable 4.1.1: Summary of Data Scripts
Task 11.2 VMT Assessment Tool Updates
Fehr & Peers will update the VMT Assessment Tool to reflect the changes. In addition, the tool documentation will be updated to reflect changes to the tool. This task assumes one round of review and revisions of updated tool.
• Deliverable 4.2. I: Update the SGVCOG VMT Assessment Tool's (version 1.0) documentation (metadata) to reflect updates
• Deliverable 4.2.2: Update the SGVCOG VMT Assessment Tool (version 1.0) to reflect the 2020 RTP/SCS ABM and the 2021 CAPCOA guidance (based on Task 4.1 data preparation)
• Deliverable 4.2.3: Provide Beta version of the tool (SGVCOG VMT Assessment Tool version 2.0
- beta) for review by participating cities.
• Deliverable 4.2.4: Updated "for publish" SGVCOG VMT Assessment Tool version

2. 0 based on 1 round of comments on the Beta version (up to 12 staff hours).

TASK 12: VMT ASSESSMENT TOOL DOCUMENTATION, HOSTING, UPDATES, AND MAINTENANCE; AND TECHNICAL USER (HELPDESK) SUPPORT
Task 12.1 Website Development
Modify the SGVCOG VMT Assessment Tool website to reflect updates to references (SCAG RTP 2020 and CAPCOA 2021), updates to metadata, and any other changes requested by SGVCOG and/or its participating member agencies.
• Deliverable 5.1.1: Update the VMT Assessment Tool website to reference updates Task 12.2 Documentation, Regular Maintenance, and Annual Assessor Parcel Number updates
Fehr & Peers will continue to host, update, and maintain the current SGVCOG VMT Assessment Tool up until the updated Tool is available. F &P will document all changes to the Tool and provide this information to all Tool users. Due to changes implemented by ESRI, F&P are required to host the tool in a cloud hosted environment with its own license F &P will manage for SGVCOG. The annual cost of hosting will be passed through directly to SGVCOG with no mark-ups by Fehr & Peers. The new cloud-based format is anticipated to provide more stability, faster computing, and a safer environment for the SGVCOG VMT Assessment Tool and provides opportunity for SGVCOG to host additional spatial resources in the same environment only for the cost of production. Fehr & Peers will manage the ESRI licensing requirements, monitor and maintain the tool, provide all data updates in the tool, and implement and manage the hosting agreement with Azure. SGVCOG requested a five-year hosting agreement; however, given the unlmown potential cost updates that either ESRI or Azure may implement each year, the costs for these are shown as actual year one costs only. Futnre year invoices for software and hosting by ESRI and Azure, respectively, will be passed throngh directly to SGVCOG. The budget shows an estimate for future year costs, but this is only an estimate.

At the end of the 5-year period, Fehr & Peers will prepare the SGVCOG VMT Assessment Tool for Transfer to SGVCOG unless a contract extension is executed. Note that major updates that are not already addressed in this scope (such as incorporating new versions of the model data/new TDM measure guidance in upcoming years) will require a separate scope/budget.

F&P anticipate that there will be updates necessary to reflect the 2024 SCAG So Cal Connect Plan since the model will be updated as part of the process. F&P anticipate that the model will remain an activity-based model (ABM) in the same modeling platform as used for the 2020 SCAG RTP/SCS. F&P expect that updating the tool with the 2024 RTP data will be relatively straightforward and that F&P can use the same scripts that are developed in Tasks 2.1/2.2 to convert the 2024 model output into the format needed to flow into the tool. F &P have included some additional budget for updating to the 2024 model data. Note that this scope does not include major updates resulting from the model type/version changing, or if the results from the model drastically change requiring additional coordination with cities. • Deliverable 5.2.1: Continue to host, update, and maintain the SGVCOG VMT Assessment Tool
V.1.0 until the Update is completed
• Deliverable 5.2.2: Host, update, and maintain the SGVCOG VMT Assessment Tool (V.2.0) in new cloud environment for five years beginning on the date of public release. Maintenance includes updating the tool to reflect the 2024 SCA G So Cal Connect Plan (assuming that the data is available within the five-year maintenance period)
Task 12.3 Technical (Helpdesk) Support
This contract includes approximately 24 staff hours per year over the 5-year period for technical support. F&P will notify the project manager when they have utilized 16 hours in a given year.

Helpdesk will be billed on an hourly basis.
• Deliverable 5 .3 .1: Operate Helpdesk
• Deliverable 5.3.2: Document helpdesk requests and responses for inclusion in progress reports that accompany invoices
B. SGVCOG Work
During the term of the Agreement, and pursuant to its terms and conditions, SGVCOG agrees to provide participating member cities the following services related to project management and administration:

Services
Project Management for the life of the 5-year contract
• Coordinating meetings and communication with participating cities • Overseeing consultant work
• Tracking program budget
• Contract monitoring and enforcement
• Accounting and invoicing
• Contract execution and amendments as necessai-y
C. Compensation
The City's share of the overall costs, which is inclusive of SGVCOG's project management fees, to complete the tasks is as follows:

Task Description Not to Exceed Amount
Development of the $17,395.00
Original VMT Analysis
Tasks 1-7 Model
Web-Based Regional $2,750.00
VMT Analvsis Tool
Task 8-12 VMT Assessment Model $15,000.00
& Tool Update
TOTAL $35,145.00
DocuSign Envelope ID; AC76FA43-E7C6-4E95-906F-DF685252BAD9

MEMORANDUM OF AGREEMENT

BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS

AND THE CITY OF IRWINDALE FOR PARTICIPATION IN THE SAN

GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Memorandum of Agreement ("MOA'' or "Agreement") is made as of April 6, 2020 by and between the City ofirwindale, a municipal corporation ("City"), and the San Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"). City and SGVCOG may be referred to herein collectively as the "Parties" or individually as a "Party." RECITALS:

A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality oflife in the San Gabriel Valley by the member cities and other local governmental agencies.

B. City seeks to participate in the San Gabriel Valley Regional Vehicle Miles of Travel (VMT) Analysis Model ("Model").

C. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA.

NOW, THEREFORE, the Parties agree as follows:

I. TERM:

The term of this MOA shall commence upon execution of the MOA by the Parties and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written agreement of the Parties.

II. RESPONSIBILITIES OF THE PARTIES:
1471326.1
A. SGVCOG.

SGVCOG will:
l. Undertake procurement and management of consultant(s) to complete the Model. Execute a contract with the consultant for the development of the Model.

2. Manage all invoicing and billing.

3. Review draft deliverables prepared by the consultant for accuracy prior to submission to City.

4. Coordinate with the consultant to ensure consultant's participation in calls and meetings.

5. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the Model.

6. Review and provide comments on draft communications and documents related to MOA products.

7. Submit one invoice to the City, in the amountthat does not exceed $20,021.00, DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9 as follows:
• The payment of the invoice will be due within thirty (30) days upon the City's receipt of the invoice for one hundred percent (100%) of the total cost.

City will:

1. Participate in coordination calls and meetings with all parties and consultant throughout the development of the Model, as necessary.

2. Provide a point-of-contact with name, title, and contact information. If the point-of-contact is reassigned or no longer with the City, a new point-ofcontact must be designated within five (5) business days.

3. Actively engage in the development of the Model including, but not limited to, promptly responding to all correspondence (phone calls and e-mail communications), responding to data requests, and attending any necessary meetings.

4. Review and provide comments to consultant on deliverables as identified in the Scope of Work from the Request for Proposal for Model, attached hereto as Exhibit "A" and incorporated herein by this reference.

5. Participate in check-in calls and/or meetings with consultant. Participate in coordination calls with all Parties, as necessary.

6. Approve within five (5) business days any deliverables that can be approved by staff or ten (10) business days any items that need to be approved by city attorney or city manager.

7. Pay the invoice submitted by the SGVCOG within thirty (30) days.

III. PROJECT MANAGEMENT:

A. Project Managers.

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Alexander Fung, Management Analyst.

2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Daniel Co, Assistant Engineer.

Either Party may change the designations set forth herein upon written notice to the other Paity.

IV. DEFAULT: REMEDIES:
1471326.1
A. Default. A "Default" under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Model.

B. Remedies. In the event of a Default by either Party, the non-defaulting Party DocuSign Envelope ID: AC76FA43~E7C6~4E95-906F-DF6852528AD9 will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.

V. INDEMNIFICATION:

A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City's sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this Agreement.

B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG's sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement.

VI. INSURANCE:

A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City's or SGVCOG's performance of its obligations hereunder.

VII. OTHER TERMS AND CONDITIONS:
1471326.1
A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:

To SGVCOG: Alexander Fung
Management Analyst
1000 S. Fremont Avenue, Unit 42
Building A-ION, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9 1471326.1
with a copy to:

To City:
with a copy to:

Marisa Creter
Executive Director
I 000 S. Fremont Avenue, Unit 42
Building A-ION, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
Arsanious Hanna
City Engineer/Building Official
5050 N. Irwindale Ave
(626) 430-2203
[email protected]
William Tam
City Manager
5050 N. Irwindale Ave
(626) 430-2200
[email protected]
B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only m writing, and signed by the Parties in interest at the time of such modification.

D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

E. Attorneys' Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each Party shall bear its owu costs and expenses, including attorneys' fees.

F. Excusable Delays. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9 1471326.l
claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

H. Headings. Tbe section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

I. Assignment. Neither Party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

J. Severabilitv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

K. Authority to Execute. The person executing this Agreement on behalf of a Party warrant that they are duly authorized to execute this Agreement on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this Agreement.

DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written.

FOR THE CITY OF IRWINDALE
By:.-cc--c--,l--t-l--{,.4-'"--,,_.,""--
William T
City Manage
Date: fYlay f'3, ~QC)._()
APPROVED AS TO FORM:
_,,1~\d( //iJYJ b " Fred Galante
City Attorney
1471326.l
'

FOR THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
By: ~A r.vil' {,y.,Ar Marisa Creter
Executive Director
05/14/2020
ATTEST:

Marisa Creter, Secretary
APPROVED AS TO FORM:

David DeBerry
General Com1sel
DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9

EXHIBIT A

SCOPE OF WORK FOR

SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
Task 1 - Project Management
Task 1.1- Kickoff Meeting. The Consultant shall conduct a kickoff meeting. The primary objectives will be to review scope, schedule, project goals and key issues.

Task I. I Deliverables: Meeting Notes and Materials for Kickoff Meeting.

Task 1.2 -Project Team Coordination. Monthly project team meetings, regular phone and email check-ins, and other communications will ensure the tasks listed in this SOW stay on schedule and within budget.

Task 1.2 Deliverables: Monthly Meeting Notifications, Agendas, and Notes.

Task 1.3- Invoicing and Contracts. The Consultant shall provide monthly invoices to the SGVCOG and coordinate any contracting paperwork/logistics.

Task 1.3 Deliverables: Monthly Invoices and Coordination on Contracts.

Task 2 - Methodology for Vehicle Miles Traveled
The Consultant shall review tools for estimating VMT in the study area. Based on this review, the Consultant shall develop a methodology for measuring Vehicle Miles Traveled (VMT) based on a method supported by the State of California Office of Planning and Research (OPR) in the implementation of SB 743 guidelines, including VMT screening. The findings and reconunendations will be presented as a memorandum, and will consider projects' effect on both baseline and cumulative conditions, using separate methodologies if appropriate. The Consultant shall explore and depict existing practices and methodologies utilized by cities in regions similar to the San Gabriel Valley in the memorandum, explore options for dividing the San Gabriel Valley by districts or areas with different methodology tailored to each district/area (dependent on the intensity and type of existing land uses), and discuss options for capitalizing on multi-modal opportunities in a built-out community. This includes identifying applications when to institute VMT for purposes of evaluating incoming development.

Task 2 Deliverable: Memorandum Outlining Methodology for Vehicle Miles Traveled.

Task 3 - Develop VMT Thresholds and Mitigation Measures For each participating City, the Consultant shall develop and establish VMT thresholds of significance for project-specific and cumulative impacts (Land- Use, Land-Use Plan, and Transportation projects) that promote (1) reduction of greenhouse gas emissions; (2) development of multi modal transportation networks; and (3) a diversity of land uses. Thresholds shall be for existing and proposed land uses that will be used for analyzing transportation impacts in CEQA analyses. The Consultant shall provide mitigation measures compliant 1471326.1
DocuSign Envelope ID: AC76FA43-E7C6-4E95-906F-DF685252BAD9 with CEQA Guidelines Section 15064.3. The mitigation measures shall be developed based on Transportation Demand Management strategies available to reduce VMT as documented by State agencies and best practice research. Mitigation measures shall then be refined through application of specific Transportation Demand Management measures to quantifiably mitigate potential VMT impacts. The Consultant shall identify ranges of effectiveness for the mitigation measures appropriate for each City, including transit, Transportation Demand Management, Active Transportation, and other trip/travel reduction strategies. The Consultant shall then coordinate with each City to determine which measures will be required as part of the project entitlement process and what measures will be optional. These items shall be presented in memorandum, with graphics and tables to present topics and concepts when appropriate.

Task 3 Deliverable: Memorandum on VMT Thresholds and Mitigation Measures for each participating City.

Task 4 - Develop VMT Evaluation Tool for Incoming Development Projects To be able to assess VMT project-specific and cumulative impacts for incoming developments on individual projects, the Consultant shall prepare an interactive spreadsheet for each City that will assess VMT impacts based on land use type and VMT reduction strategies (e.g., multimodal infrastructure improvements, number of parking spaces constructed/utilized, and Transportation Demand Management programs to be instituted as part of the project). The interface should be simple for City employees and developers alike to easily understand impacts for projects submitted and to quantify the effectiveness of mitigation measures on reducing VMT.

Task 4 Deliverable: Interactive Spreadsheet to Assess VMT Impacts for Incoming Development Projects.

Task 5 - Sample Projects
The Consultant shall work with each participating City to identity projects to test through the significance criteria. Potential mitigation measures and realistic assessments of effectiveness in VMT reduction will be identified for various geographies and project types.

Task 5 Deliverable: Memorandum on Sample Projects.

Task 6 - Traffic Impact Analysis Guidelines
The Consultant shall update each City's Traffic Impact Analysis Guidelines to include VMT analysis for CEQA purposes, in addition to retaining Level of Service (LOS) methodology for General Plan compliance. This should include an evaluation of potential enhancements and recommended changes to the existing LOS-based guidelines.

Task 6 Deliverable: Updated Traffic Impact Analysis Guidelines.

Task 7 - Public Hearing Support
The Consultant shall attend and participate in three public meetings for the City of Irwindale.

This will include attending, presenting, and responding to questions at either a City Council, Commission, Committee, or other public meetings/hearings.

Task 7 Deliverable: Public Meeting Attendance
1471326.1
DocuSign Envelope ID: 50E1EDE9-A09B~4893-9690-3AAOF560FAAD AMENDMENT NO. 1
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR

PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Amendment No. 1 ("Amendment") to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the "SGVCOG") and the City of Irwindale (the "City") For Participation of the San Gabriel Valley Regional VMT Analysis Model, dated April 6, 2020 (the "MOA'') shall be effective upon the date executed by both Parties hereto ("Effective Date").

RECITALS
A. SGVCOG and City entered into the MOA to develop the San Gabriel Valley Regional VMT Analysis Model; and
B. SGVCOG and City hereby agree to amend the MOA pursuant to this Amendment to add a web-based Regional VMT Analysis Tool ("Analysis Tool") to the scope of work, increase the compensation to be paid to SGVCOG by $2,750 and extend the term of the MOA to July 31, 2025.

C. SGVCOG and City hereby agree to amend the Agreement to add the Analysis Tool, which will include individual city data bases with VMT decision points as adopted by City, update on a quarterly basis the Los Angeles County Assessor Parcel data, and associated webbased mapping. Standard maintenance on all data and applications will be provided and data will be updated when new versions become available.

NOW THEREFORE, the Parties agree to amend the Agreement as follows:

I. Article I. Term, shall be deleted in its entirety and replaced with the following:
"The term of this MOA shall commence upon execution of the MOA by the Parties and shall continue through July 31, 2025. Such term may be extended upon written agreement of both parties to this Agreement."
II. Article IL Responsibilities of the Parties, Section A. Subsections 1, 5, and 7 shall be deleted in their entirety and replaced with the following:
"I. Unde1iake procurement and management of consultant(s) to complete the Model and maintain the Analysis Tool. Execute contracts with the consultant for the development of the Model and maintenance of the Analysis Tool.
"5. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the Model and maintenance of the Analysis Tool. 1506398.1 1
DocuSign Envelope ID: 50E1EDE9-A098-4893-9690-3AAOF560FAAD "7. Submit two invoices to the City, in an amount that does not exceed $20,145.00, as follows:
• The payment of the first invoice will be due within thirty (30) days upon the City's receipt of the first invoice for $17,395.00.
• The payment of the second invoice will be due by September 30, 2020 for an amount that does not exceed $2, 750.00."
III. Article II. Responsibilities of the Parties, Section B. Subsections 1 and 3 shall be deleted in their entirety and replaced with the following:
"!. Participate in coordination calls and meetings with all parties and consultant throughout the development of the Model and maintenance of the Analysis Tool, as necessary.
"3. Actively engage in the development of the Model and maintenance of the Analysis Tool including, but not limited to, promptly responding to all correspondence (phone calls and e-mail communications), responding to data requests, and attending any necessary meetings."
IV. Article IV. Section A, shall be deleted in its entirety and replaced with the following:
"A "Default" under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily towards completion of the Model and maintenance of the Analysis Tool." V. Integration. This Amendment amends, as set forth herein, the MOA and except as specifically amended hereby the MOA shall remain in full force and effect. To the extent there is any conflict between this Amendment and the MOA, the terms and provisions of this Amendment shall control. This Amendment and the MOA, including any exhibits attached to the MOA, integrate all the terms and conditions of the Parties' agreement and supersede all negotiations with respect hereto.

The Parties hereby enter into this Amendment No. 1 upon the Effective Date as is set forth above. 1506398.1 2
DocuSign Envelope ID: 50E1EDE9-A098-4893-9690-3AAOF560FAAD

CITY OF IRWINDALE
By:

Name: William Tam
Title:

Date:

SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS
By: AA 11¥i11. ~l..r
Name: Marisa Creter
Title: Executive Director
Date: 0812412020
Approved as to Fop d Approved as to Form:
t:ZL_ ~ · ~ ~viJ. Ott>t.t'l"f
Adrian Guena, Interim City Attorney SGVCOG General Counsel 1506398.1 3
0City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: April 26, 2023
Cttyef

IRWINDALE

AGENDA REPORT
I
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Recognition of Pride Month
City Manager's Recommendation:

Discuss and provide direction to staff.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

CC ltem6
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director/City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

At the regular City Council meeting of March 8, 2023, a request was made by an Irwindale resident for the City to consider flying the Pride flag in June in honor of Pride Month.

Direction was provided to staff to further look into the request and bring forward additional information to the City Council.

The following options are presented for City Council consideration:

Option 1 - Present a proclamation at the second meeting of May, proclaiming the month of June as Pride Month in the City of Irwindale, and provide direction to staff to procure a Pride flag to be flown in accordance with proper flag protocols during the month of June;
Option 2 - Direct staff to display lighting in front of City Hall that reflects Pride Month during the month of June, similar to Autism and Breast Cancer Awareness, when the color scheme of the lighting in front of City Hall is changed; Option 3 - Provide direction to staff to bring forward a policy that would recognize various months and days or weeks of awareness or remembrance to demonstrate the City's commitment to building a more inclusive community; Option 4 - Provide other direction as deemed appropriate by the City Council.

Fiscal Impact:

Based on the direction provided by City Council, there is a potential fiscal impact of approximately $150 to procure a Pride flag. There would be no additional cost associated with the presentation of a proclamation or changing the lighting color scheme in front of City Hall.

Attachments:

None
~City Council
D Successor Agency
D Housing Authority
DReclamation Authority
D Joint Powers Authority
Date: April 26, 2023
Cityef

IRVVINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 8
Issue: Introduction and First Reading of Ordinance No. 769 entitled, "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
REPEALING ORDINANCE NOs. 709, 743, AND 764 IN THEIR ENTIRETY, AMENDING TITLE 15 OF THE IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 15.07 - "EXISTING BUILDING CODE," AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE (2023

EDITION) WITH IRWINDALE AMENDMENTS, LOS ANGELES COUNTY
ELECTRICAL CODE (2023 EDITION), LOS ANGELES COUNTY
PLUMBING CODE (2023 EDITION), LOS ANGELES COUNTY
MECHANICAL CODE (2023 EDITION), LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE (2023 EDITION), LOS ANGELES COUNTY RESIDENTIAL CODE (2023 EDITION), EXISTING BUILDING CODE (2023

EDITION), AND ADOPTING LOCAL AMENDMENTS THERETO,
PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ.

City Manager's Recommendation:

That the City Council introduce the first reading of Ordinance No. 769 amending Title 15 of Irwindale Municipal Code by adding Chapter 15.07 - Existing Building Code and adopting by reference the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards and Existing Building, Codes with County and City Amendments, and schedule a public hearing on May 10, 2023.

Administrative Action:

Submitted by:

William Tam
Interim Director of Engineering/Building Official
Reviewed by:

Adrian R. Guerra, City Attorney
01005.0006/875775. 1
Electronically approved
by City Attorney

Kambiz Borhani,
Finance Director/City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

1. The State's Health and Safety Code requires Cities and Counties to adopt the most recent editions of the State Building Standards related to building construction. Most recently, the State of California adopted the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards and Existing Building Codes.

2. Title 15 of the Irwindale Municipal Code (IMC) contains administrative and technical requirements for building construction. The City's current building code was last adopted in January 2023 by Ordinance 764.

3. On November 15, 2022, the Los Angeles County Board of Supervisors added and set forth provisions and regulations for the enforcement of Title 33 - Existing Building Code and adopted by reference, the 2022 State of California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes, with 2023 Los Angeles County Amendments. The Existing Building Code has been included as Part 10 of the California Building Standards Codes for the past three code cycles; however, now it is identified as a main code that requires adoption by all California jurisdictions.

4. Similar to past practice, the City will adopt the California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with county amendments, by reference, to bring the City into compliance with the California Health and Safety Code.

5. Based on staff review of the new 2023 Los Angeles County Building Code and the County's amendments and the ongoing mining and reclamation operations in the City, the Public Works Department - Building Safety Division is proposing revisions to Appendix "J" (Grading Section) of the Los Angeles County Building Code.

6. This proposed City revisions to the 2023 County Building Code Appendix "J" are to carry over changes to the 2008 Building Code Appendix "J" that pertain to the administrative and technical standards for backfilling of open-pit mines using either inert debris fill or soil fill. This appendix will include the City's four technical guidelines and backfill settlement evaluation techniques that deal with mining and reclamation of open-pit mines as a mandated requirement for mining operations in the City and the technical bulletin that was prepared by the Irwindale Technical Advisory Committee as a supplement to the City's four technical guidelines. 01005.0006/875775.1 Page 2

7. On January 11 , 2023, the City adopted Ordinance No. 764 which included the changes to Appendix "J" (Grading Section) of the Los Angeles County Building Code.

However, pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941 .5, revisions to Appendix "J" require separate findings (Topographical, Climatic and/or Geological type) which were not included in Ordinance No. 764. Therefore, staff recommends the City Council repeal Ordinance No. 764 in its entirety and adopt Ordinance No. 769 which includes the required findings for Appendix "J".

8. The proposed adoption of this ordinance is exempt under the provision of the California Environmental Quality Act pursuant to State Guidelines 15061 (B)(3) and 15378 (b)(c). Adoption of the proposed ordinances is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Adoption of the proposed ordinances does not have such potential insofar as the changes are mandated to be adopted by State law and any local changes are needed to assure proper measures are taken to address the City's local needs, especially to properly backfill open-pit mines to avoid seismic hazards when they are reclaimed.

9. Upon adoption of the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with County and City Amendments, staff will send a letter to the California Building Standards Commission advising them with the City's newly adopted codes with County and City Amendments.

10. A copy of the above referenced 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes with County and City Amendments, and the Findings of Fact will be available for review at the Building and Safety Division for inspection by the public.

Fiscal Impact:

There is no fiscal impact.

Attachments:
• Proposed City of Irwindale Ordinance 769
• Appendix J to Los Angeles County Building Code 2023 Edition with required findings Electronic Attachments:
• Link to Draft of Los Angeles County Ordinance Nos. 2022-0051 through 2022-0057 (certified and signed copy not currently available)
https://file. lacounty.gov/SDSlnter/bos/supdocs/17 4489.pdf • Link to Los Angeles County Building Code 2023 Edition (Title 26 of the Los Angeles County Code)
https://librarv.municode.com/ca/los angeles county/codes/code of ordinances?nod eld=TIT26BUCO
01005.0006/875775.1 Page 3
ORDINANCE NO. 769

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOs. 709, 743, AND 764 IN THEIR ENTIRETY, AMENDING TITLE 15 OF THE IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 15.07 - "EXISTING BUILDING CODE," AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE (2023 EDITION) WITH IRWINDALE AMENDMENTS, LOS ANGELES COUNTY ELECTRICAL CODE (2023 EDITION), LOS ANGELES COUNTY PLUMBING CODE (2023 EDITION), LOS ANGELES COUNTY MECHANICAL CODE (2023 EDITION), LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE (2023 EDITION), LOS ANGELES COUNTY RESIDENTIAL CODE (2023 EDITION), EXISTING BUILDING CODE (2023 EDITION), AND ADOPTING LOCAL AMENDMENTS THERETO , PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ.

RECITALS
WHEREAS, Government Code section 50022.2 et seq. authorizes the adoption by reference of California codes and codes that adopt the California codes, including the Codes of the County of Los Angeles, which adopts the California Building, Existing Building , Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as amended; and WHEREAS, sections 17958.5, 17958.7, and 18941 .5 of the Health and Safety Code expressly authorize cities to make changes in the California Building, Existing Building Code, Residential, Green Building Standards, Plumbing, Electrical and Mechanical Codes, as reasonably necessary due to local conditions; and
WHEREAS, the Los Angeles County Building, Existing Building, Residential, Green Building Standards, Electrical, Plumbing and Mechanical Codes incorporate appropriate findings related to local climatic, geological, or topographical conditions of Los Angeles County, as specified under the provisions of the California Health & Safety Code; and
WHEREAS, on December 14, 2022, the City Council considered Ordinance 764 and accepting staff's recommendation to amend Appendix "J" of the County grading section to include Backfilling Standards of Open-Pit Mines and the requirement of a grading permit for the backfilling of open-pit mines using either inert debris fill or soil fill ; and
WHEREAS, on January 11 , 2023, the City Council of the City of Irwindale, pursuant to a notice duly issued under Government Code section 50022.3, conducted a public hearing to consider this ordinance adopting the 2023 Edition of the Los Angeles Building, Existing Building Code, Residential, Green Building 0 I 005.0006/842544. I
Ordinance No. 769

Standards, Plumbing, Electrical and Mechanical Codes with the City's amendment of Appendix "J" of the County Building Codes and adopted Ordinance 764; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, revisions to Appendix "J" require separate findings due to local topographical, climatic and/or geological conditions, which were not included in Ordinance No. 764.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS:

BUILDING CODE
SECTION 1: The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Repeal of Conflicting Ordinances and Continuing Effect of Irwindale Municipal Code Chapter 15.05. Ordinance Nos. 709, 743, and 764 are hereby repealed in their entirety. Ordinance No. 697, adopted October 14, 2015 adding Irwindale Municipal Code Chapter 15.05 "EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS," shall remain in full force and effect.

SECTION 3: Chapter 15.04.10 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.04.010. Adoption of code. A. There is hereby adopted, as the city building code, except as provided in this chapter, that certain building code known and designated as the Los Angeles County Building Code, 2023 Edition (Title 26 of the Los Angeles County Code), which incorporates and amends the 2022 California Building Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0051, as adopted by county of Los Angeles, is adopted in its entirety and incorporated herein by this reference, with City's Amendments to Appendix "J".

SECTION 4: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0051 , has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0051 . The City Council further finds that the County's grading section Appendix "J" requires revisions to include Ordinance No. 769

the more restrictive requirement of a Mine Reclamation Backfill permit for the backfilling of open-pit mines using either inert debris fill or soil fill, is necessary to address and remediate existing geological conditions as a result of ongoing mining and reclamation activities in the City of Irwindale. Pursuant to Health and Safety Code section 18941 .5, the specific findings for the revisions and red lined changes are attached hereto as Exhibit "A".

RESIDENTIAL CODE
SECTION 5: Chapter 15.06.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.06.010. Adoption of code. A. There is hereby adopted, as the city's residential code, except as provided in this chapter, that certain residential code known and designated as the Los Angeles County Residential Code, 2023 Edition (Title 30 of the Los Angeles County Code), which incorporates and amends the 2022 California Residential Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading , use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0055, as adopted by the county of Los Angeles, is adopted in its entirety.

SECTION 6: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-055 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-055.

EXISTING BUILDING CODE
SECTION 7: Chapter 15.07 entitled, "EXISTING BUILDING CODE" of the Irwindale Municipal Code is hereby added and adopted to read in its entirety as follows:

Section 15.07.010. Adoption of code.

A. There is hereby adopted, as the city's existing building code, except as provided in this chapter, that certain existing building code known and designated as the Los Angeles County Existing Building Code, 2023 Edition (Title 33 of the Los Angeles County Code), which incorporates and amends the 2022 California Existing Building Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the existing building code of the city, regulating and controlling the ability to provide flexibility to permit the use of alternative approaches to achieve 0 I 005.0006/842544.1
Ordinance No. 769

compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0057, as adopted by the County of Los Angeles, is adopted in its entirety and incorporated herein by this reference.

Section 15.07.020. Copies filed. Three copies of the Los Angeles County Existing Building Code, referred to in Section 15.07.10 of this chapter, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination by the public.

Section 15.07.030. Terms defined. Whenever any of the following names or terms are used in the Los Angeles County Existing Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
"Board of appeals" means the board of appeals established by the Los Angeles County Building Code.
"Board of supervisors" means the city council.
"Building department" means the building and safety division of the department of public works, acting for the city.
"Building code," "uniform building" or "Los Angeles County Building Code" means Chapter 15.04 of this code;
"Building official" means the director of public works or his or her designee.
"City" means the city of Irwindale.
"County," "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means the city.
"County engineer" means the director of public works of the county of Los Angeles.
"Electrical code" means Chapter 15.08 of this code.
"Existing building code" means Chapter 15.07 of this code. "Fire code" means Chapter 15.12 of this code.

Ordinance No. 769
Page4
"Fire zone" means the fire zone or zones adopted by an ordinance creating and establishing fire zones.
"General fund" means the city treasury.
"Health code" or "Los Angeles County Health Code" means Chapter 8.04 of this code.
"Health officer" means the health officer of the city.
"Mechanical code" means Chapter 15.20 of this code.
"Plumbing code" means Chapter 15.16 of this code.
"Green Building Standards code" means Chapter 15.10 of this code.

Section 15.07.040. Fee schedule - Modification by Resolution. The fee schedules adopted by Section 15.07.10 of this title may be amended by resolution adopted by the city council.

SECTION 8: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0057 has made all appropriate findings related to administrative matters. The City Council hereby incorporates by reference the findings summarized in the Los Angeles County Ordinance No. 2022-0057.

ELECTRICAL CODE
SECTION 9: Chapter 15.08.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.08.010. Adoption of Code. A. There is hereby adopted as the city's electrical code, except as provided in this chapter, that certain electrical code known and designated as the Los Angeles County Electrical Code, 2023 Edition (Title 27 of the Los Angeles County Code), which incorporates and amends the California Electrical Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the electrical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of electrical systems, wiring and appliances and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0052, as adopted by the county of Los Angeles, is adopted in its entirety.

SECTION 10: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0052 has made all appropriate findings related to 0 I 005.0006/842544. l
Ordinance No. 769

administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0052.

GREEN BUILDING STANDARDS CODE
SECTION 11: Chapter 15.10.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.10.010. Adoption of code. A. There is hereby adopted, as the city's green building standards code, except as provided in this chapter, that certain green building standards code known and designated as the Los Angeles County Green Building Standards Code, 2023 Edition (Title 31 of the Los Angeles County Code), which incorporates and amends the 2022 California Green Building Standards Code, including all appendixes thereto and changes made by the County of Los Angeles and by the City of Irwindale, and such code shall be and become the building code of the city, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0056, as adopted by the county of Los Angeles, is adopted in its entirety.

SECTION 12: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0056 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0056.

PLUMBING CODE
SECTION 13: Chapter 15.16.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.16.010. Adoption of Codes. A. There is hereby adopted as city plumbing code, except as provided in this chapter, that certain plumbing code known and designated as the Los Angeles County Plumbing Code, 2023 Edition (Title 28 of the Los Angeles County Code), which incorporates and amends the California Plumbing Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the plumbing code of the city regulating and controlling plumbing and drainage systems, house sewers, private sewage disposal systems and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0053, as adopted by the county of Los Angeles, is adopted in its entirety.

Ordinance No. 769

SECTION 14: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0053 has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0053.

MECHANICAL CODE
SECTION 15: Chapter 15.20.010 of the Irwindale Municipal Code is hereby amended in its entirety to read as follows:

Section 15.20.010. Adoption of Codes. A. There is hereby adopted as the city's mechanical code, except as provided in this chapter, that certain mechanical code known and designated as the Los Angeles County Mechanical Code, 2023 Edition (Title 29 of the Los Angeles County Code), which incorporates and amends the California Mechanical Code, 2022 Edition, including all appendixes thereto and changes made by the county of Los Angeles, and such code shall be and become the mechanical code of the city regulating and controlling the design, construction, installation, quality of materials, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heatproducing appliances and providing for the issuance of permits and the collection of fees therefor.

B. Los Angeles County Ordinance No. 2022-0054 as adopted by the county of Los Angeles , is adopted in its entirety.

SECTION 16: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2022-0054 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2022-0054.

SECTION 17: All violations of the provisions of the Los Angeles County Building Code, (2020 Edition), Los Angeles County Residential Code (2023 Edition), Los Angeles County Green Building Standards Code (2023 Edition), Los Angeles County Electrical Code (2023 Edition), Los Angeles County Plumbing Code, (2023 Edition), and Los Angeles County Mechanical Code (2023 Edition) adopted by the City shall be a misdemeanor and subject to the penalty provisions contained in Chapter 1.12 of the Irwindale Municipal Code.

SECTION 18: Full Force and Effect. Except as expressly amended herein, all other subsections of Chapter 15 of the Irwindale Municipal Code shall be unchanged and in full force and effect.

SECTION 19: Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of 01005.0006/842544.1
Ordinance No. 769

general circulation in the City of Irwindale, and this Ordinance shall take effect 30 days after its passage.

SECTION 20. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason , held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Irwindale hereby declares that it would have adopted this Ordinance and each section, subsection , sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

PASSED, APPROVED AND ADOPTED on the 10th day of May 2023.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 769

Mayor

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 769 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on April 26, 2023, and adopted on second reading at a duly noticed regular meeting of the City Council of the City of Irwindale held on May 10, 2023, and was carried by the following-roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 769, adopted by the City Council of the City of Irwindale at its regular meeting held May10, 2023 to be posted at the City Hall, Library, and Post Office on May 11 , 2023.

Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0006/842544. l
Dated:

Ordinance No. 769

EXHIBIT "A"
Pursuant to the California Health and Safety Code Sections 17958.5, 17958.7 and 18941 .5, the Irwindale City Council hereby expressly finds that all of the changes and modifications to the requirements contained in the building standards published in the California Building Standard Code contained in Ordinance 769, which are not administrative in nature, are reasonably necessary because of local climatic and geological or topographical conditions in the City of Irwindale, as more particularly described in the table set forth below.
2023 BUILDING CODE AMENDMENTS TO GRADING SECTION App J
J101.1 Geological Subsection revised to include regulatory requirement that Topographical deals with the inert debris engineered fill typical to the City Climate of Irwindale.

J102.1 Administrative Subsection revised to include the definition of the following:

Above-Water Inert Debris Engineered Fill, Backfill, Fill and Operations Plan, Grading Permit For Mine Reclamation
Backfill, Inert Debris Engineered Fill, Mine Reclamation Backfill, Mining, Open-Pit Mine, Stockpiling, SMARA, and Underwater EnQineered Fill.

J103.1 Administrative Subsection revised to provide administrative control and authority.

J103.2 Geological Subsection revised to provide adequate control of grading Topographical operations typical to the City of Irwindale.

Climate
J103.3 Geological Subsection revised to provide adequate control of grading Topographical operations typical to the City of Irwindale.

Climate
J103.6 Administrative Subsection revised to provide administrative control and authority.

J103.7.1 Administrative Subsection revised to provide administrative control and authority.

J103.7.2 Administrative Subsection revised to provide administrative control and authority.

J104.2 Administrative Subsection revised to provide administrative control and authority.

J104.2.1 Geological Subsection revised to provide detailed requirements that Topographical deal with various types of grading operations typical to the Climate City of Irwindale.

J104.2.4 Geological Subsection added to provide detailed requirements that Topographical deal with various types of grading operations typical to the Climate City of Irwindale.

J 104.2.5 Geological Subsection added to provide detailed requirements that Topographical deal with various types of grading operations typical to the Climate City of Irwindale.
01005.0006/875773.1
J105.1 Geological Subsection revised to provide detailed inspection Topographical requirements that deal with various types of grading Climate operations typical to the City of Irwindale.

J105.9 Geological Subsection revised to provide detailed requirements Topographical pertaining to the transfer of responsibility by the Field Climate Engineer of record for mine reclamation backfills typical to the City of Irwindale.

J105.11.1 Geological Subsection added to include standards and guidelines for Topographical mine reclamation backfills, both underwater and aboveClimate water, typical to the City of Irwindale.

J105.13 Geological Subsection revised to provide detailed requirements that Topographical deal with various types of grading operations typical to the Climate City of Irwindale.

J107.1 Geological Section revised to require more stringent fill requirements Topographical to address the complex and diverse set of soil types and Climate geological conditions that exist in the Los Angeles County.

J109.1 Geological Subsection revised to require more stringent drainage and Topographical erosion control requirements to address the complex and Climate diverse set of soil types and geological conditions for mine sites typical to the City of Irwindale.

J109.4 Geological Subsection added to include more stringent drainage and Topographical erosion control requirements to address the complex and Climate diverse set of soil types and geological conditions for mine sites typical to the City of Irwindale.

J110.1 Geological Subsection revised to require more stringent slope Topographical planting and erosion control requirements to address the Climate complex and diverse set of soil types and geological conditions for mine sites typical to the City of Irwindale.

J110.2 Geological Subsection added to include more stringent slope planting Topographical and erosion control requirements to address the complex Climate and diverse set of soil types and geological conditions for mine sites typical to the City of Irwindale
J111 Geological Section revised to include standards, technical bulletin and Topographical guidelines that deal with mining and reclamation of openClimate pit mines typical to the City of Irwindale. 01005.0006/875773.1
SECTION JlOl GENERAL
JlOl.1 Scope.

EXHIBIT "A"
Title 26 - BUILDING CODE

APPENDIX J GRADING

APPENDIX J GRADING
The provisions of this Appendix apply to grading, excavation, and earthwork construction, including fills and embankments, and the control of runoff from graded sites, including erosion sediments and construction-related pollutants. This scope includes inert debris engineered fills placed under the auspices of Title 14 Section 17388 of the California Code of Regulations. The purpose of this Appendix is to safeguard life, limb, property, and the public welfare by regulating grading on property subject to this Code. (Ord. 2019-0056 § 79, 2019.)
JlOl.2 Flood hazard areas.

Unless the applicant has submitted a hydrology and hydraulic analysis, prepared in accordance with standard engineering practice by a California licensed civil engineer, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading, excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways designated in Chapter 11.60 of Title 11 - Health and Safety - of the Los Angeles County Code, or in floodways that are in flood hazard areas established in Section 1612.3, or in flood hazard areas where design flood elevations are specifi ed but floodways have not been designated. (Ord. 2019-0056 § 79, 2019.)
JlOl.3 General hazards.

Whenever the Building Official determines that any existing excavation, embankment, or fill on property subject to this Code has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the Building Official may give written notice thereof to the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property. Upon receipt of said notice, the owner or other person or agent in control of the property shall repair or eliminate such excavation, embankment, or fill so as to eliminate the hazard, in conformance with the requirements of this Code, within the period specified in said notice. (Ord. 2019-0056 § 79, 2019.)
JlOl.4 Safety precautions.

If at any stage of the work the Building Official determines by inspection t hat further grading as authorized is likely to endanger any public or private property, or result in the deposition of debris on any public way, or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall immediately stop such work. The Building Official may authorize the work to proceed if the Building Official finds that adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition, or interference.

Los Angeles County, California, Code of Ordinances
(Supp. No. 134, Update 2)

Created: 2022-08 - 26 09:30:51 [EST)
If the grading work as done has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction t hereof as specified in Section JlOl of this Code. (Ord. 2019-0056 § 79, 2019.)
JlOl.5 Protection of utilities.

Both t he permittee and the owner of the property on which t he grading is performed shall be responsible for t he prevention of damage to any public and/or private utilities or services. (Ord. 2019-0056 § 79, 2019.)
JlOl.6 Protection of adjacent property.

Both the permittee and owner of the property on which the grading is performed shall be responsible for the prevent ion of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking, or other damage t hat might result from the proposed work. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the Building Official, to prevent such materials from being deposited on adjacent properties, any public way, and/or any drainage course. (Ord. 2019-0056 § 79, 2019.)
Jl Ol.7 Storm water control measures.

Both the permittee and t he owner of the property on which t he grading is performed shall put into effect and maintain all precaut ionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities. (Ord. 2019-0056 § 79, 2019.)
JlOl.8 Maintenance of protective devices and rodent control.

All drainage structures and other protective devices and all burrowing rodent control measures, as shown on the grading plans approved by t he Building Official, shall be maintained in a good condition and, when necessary, promptly repaired by t he permittee or the owner of the property on which grading has been performed or by any other person or agent in control of such property.
(Ord. 2019-0056 § 79, 2019.)
Jl Ol.9 Correlation with other sections.

The provisions of this Appendix are independent of t he provisions of Chapter 99 of this Code relat ing to building and property rehabilitation. This Section may be applied even t hough the same facts have been used to determine that there is substandard property subject to the provisions of Chapter 99. (Ord. 2019-0056 § 79, 2019.)
Created: 2022-08-26 09 : 30: 50 [EST]
(Supp. No. 134, Update 2)

J101.10 Conditions of approval.

In granting any permit under this Code, the Building Official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limit ed to:

1. Improvement of any existing grading to comply with the standards of this Code.

2. Requirements for fencing of excavat ions or fills that would otherwise be hazardous.

3. Requirements for temporary excavations and shoring to be shown on plans. (Ord. 2019-0056 § 79, 2019.)
J102.1 Definitions.

For the purposes of this Appendix, the terms, phrases, and words listed in this Section and t heir derivat ives shall have the indicated meanings.

ABOVE-WATER INERT DEBRIS ENGINEERED FILL. A fill that contains inert debris and is placed above the groundwater table.

APPROVAL. When t he proposed work or completed work conforms to t his Appendix, as determined by and to the satisfaction of t he Bui lding Official.

AS-BUILT. See Section JlOS.12.

BACKFILL. Fill placed in a zone that had previously been excavated.

BEDROCK. The relatively solid, undisturbed rock in place either at t he ground surface or beneath superficial deposits of alluvium, colluvium, and/or soil.

BENCH. A relatively level st ep excavated into earth material on which fil l is to be placed.

BEST MANAGEMENT PRACTICE {BMP). Practices, prohibitions of practices, or other act ivities to reduce or eliminate the discharge of pollutants to surface waters. BMPs include structural and nonstructural controls, management practices, operation and maintenance procedures, and system, design, and engineering methods that are required to be employed in order to comply with the requirements of t he National Pollution Discharge Elimination System (NPDES) permit issued to the County of Los Angeles (see Section 106.4.3 and Title 31 - Green Building Standards Code - of the Los Angeles County Code).

BORROW. Earth material acquired from an off-site location for use in grading on a site.

CIVIL ENGINEER. A professional engineer licensed in the State of Cal iforni a to practice in the field of civil works.

CIVIL ENGINEERING. The application of t he knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluat ion, design, and construction of civil works.

COMPACTION. The densification of a fil l by mechanical means.

CUT. See "Excavat ion."
DESILTING BASINS. Physical structures, constructed for the removal of sediments from surface water runoff.

DESIGN ENGINEER. The Civil Engineer responsible for t he preparation of the grading plans for the site grading work.

Created: 2022- 08- 26 09:30:50 [EST]
(Supp. No. 134, Update 2)

DOWN DRAIN. A device for collecti ng water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

EARTH MATERIAL. Any rock, natural soil, or fill, or any combination thereof.

ENGINEERING GEOLOGIST. A geologist experienced and knowledgeable in engineering geology, holding a license as a geologist in the specialty of engineering geology issued by the State of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code.

ENGINEERING GEOLOGY. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soi l for use in the design of civil works.

EROSION. The wea ri ng away of the ground surface as a result of t he movement of wind, wat er, or ice.

EXCAVATION. The removal of earth material by artificial means, also referred to as a cut .

FIELD ENGINEER. Th e Civil Engineer responsible for performing the functions as set forth in Section JlOS.3.

FILL. Deposition of earth materials by artificial means.

FILL AND OPERATIONS PLAN. Combined engineering plans and geotechnical reports representing the overall conceptual and general planning for the initiat ion t hrough completion of reclamat ion of open-pit mines for both underwater and above-water backfills.

GEOTECHNICAL ENGINEER. See "Soils Engineer".

GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include, but are not limited to, loose debris, slopewash, and mud flows from natural or graded slopes.

GRADE. Th e vertical location of the ground surface.

GRADE, EXISTING. The grade prior to grading.

GRADE, FINAL. See Section JlOS.7.

GRADE, FINISHED. The grade of th e site at the concl usion of all grading efforts.

GRADE, INITIAL. See Section JlOS.7.

GRADE, ROUGH. See Section JlOS.7.

GRADING. An excavation or fill or combination thereof.

GRADING PERMIT FOR MINE RECLAMATION BACKFILL. A permit, issued to backfills of open-pit mines for all active SMARA pits.

INERT DEBRIS ENGINEERED FILL. An engineered fill that contains concrete, broken concrete, tile, masonry brick or block, concrete block, rock, sand, gravel, stone, clay, clay products, ceramics, soils, stucco, fine silt wet or dry, and materials encased in concrete, asphaltic concrete, crushed glass, and other similar materials. These fill materials are typically generated as waste products from construction and demolition operations.

KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.

LANDSCAPE ARCHITECT. A person who holds a certificate to practice landscape architecture in the State of California under the applicable landscape architecture provisions of Division 3, Chapter 3.5, of the Business and Professions Code.

LINE. The horizontal location of the ground surface.

Cr eated: 2022- 08-26 09:30:50 [EST ]
(Supp. No. 134, Update 2)

M INE RECLAMATION BACKFILL. A backfill placed in a former open-pit mine for the purpose of reclaiming the site to support future structures.

MINING. The operations associated with the excavation and processing of natural soil and rock and permitted under the California Surface Mining and Reclamation Act of 1975(SMARA).

PERMITTEE. See Section JlOS.6.

PRIVATE SEWAGE DISPOSAL SYSTEM. A septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits, or into a combination of a subsurface disposal field and a seepage pit or of such other facilities as may be permitted in accordance with the procedures and requirements set forth in Title 28 - Plumbing Code - of the Los Angeles County Code and as required by the Los Angeles County Department of Public Health.

PROJECT CONSULTANTS. The professional consultants required by this Code, which may consist of the Design Engineer, Field Engineer, Soils Engineer, Engineering Geologist, and Landscape Architect as applicable to this Appendix.

PROFESSIONAL INSPECTION. The inspection required by this Code to be performed by the Project Consultant s. Such inspections shall be sufficient to form an opinion relating to the conduct of the work.

QSD. Qualified SWPPP Developer as defined in the California State Construction General Permit.

QSP. Qualified SWPPP Practitioner as defined in the California State Construction General Permit.

SETTLEMENT BULLETIN. Irwindale Mining Bu lletin No.l, Settlement of Mine Backfills, November 22, 2022 SMARA. California Surface Mining And Reclamation Act of 1975.

SITE. A lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

SOIL. Naturally occurring superficial deposits overlying parent bedrock.

SOILS ENGINEER (GEOTECHNICAL ENGINEER}. A licensed civil engineer experienced and knowledgeable in the practice of soils engineering.

SOILS ENGINEERING (GEOTECHNICAL ENGINEERING}. The application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of construction thereof.

STOCKPILING. Placement of fi ll for t emporary storage purposes.

STORM DRAIN SYSTEM. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, and man-made channels, designed or used for collecting and conveying storm water.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A site drawing with details, notes, and related documents that identify the measures proposed by the permittee to: (1) control erosion and prevent sediment and construction-related pollutants from being carried offsite by storm water, and (2) prevent non-storm-water discharges from entering the storm drain system.

SURFACE DRAINAGE. Flows over the ground surface.

SOIL TESTING AGENCY. An agency regularly engaged in the testing of soils and rock under the direction of a Civil Engineer experienced in soil testing.
created: 2022-08- 26 09 :30: 50 [EST)
(Supp. No. 134, Update 2)

TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.

UNDERWATER ENGINEERED FILL: An engineered fill placed below the free water level, such as in a groundwater lake located at the bottom of an open-pit mine. (Ord. 2019-0056 § 80, 2019.)
SECTION J103 PERMITS REQUIRED
J103.1 Permits required.

Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit from th e Building Official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in Section J104.2.3 shall be performed by a contractor licensed by the State of California to perform the work described hereon. Regular grading less than 5,000 cubic yards may require a licensed contractor if the Building Official determines that special conditions or hazards exist.

Mine reclamation backfills shall be permitted under the special provisions of a mine reclamation backfill permit.

The plan check and permit fee for this grading permit for mine reclamation fills will be subject to a fee schedule adopted and approved by the City Council.
(Ord. 2019-0056 § 81, 2019.)
J103.2 Exemptions.

A grading permit shall not be required for the following:

1. When approved by the Bui lding Official, grading in an isolated, self-contained area, provided that the public is not endangered and t hat such grading will not adversely affect adjoining properties or public rights of way.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites, controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate, or clay, and related mining operations, provided such operations are conducted under the auspices of an approved conditional use permit and reclamation plan issued by the City of Irwindale . .,....,....,

7. Exploratory excavations performed under the direction of a Geotechnical Engineer or Engineering Geologist.

This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with Section JlOl.3. A restoration plan must be provided and approved by the Building Official for all grading of access roads or pads. Restoration shall be completed within 90 days after the completion of soils testing unless otherwise approved by the Building Official.

8. An excavation t hat does not exceed 50 cubic yards {38.3 m3 ) and complies with one of the following conditions and as shown in Figure J103.2:
(a) Is less than 2 feet (0.6 m) in depth.

Created: 2022- 08-26 09 :30:50 (EST)
(Supp. No. 134, Update 2)

{b) Does not create a cut slope greater than 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical {50 percent slope).

9. A fill not intended to support a structure that does not obstruct a drainage course and complies with one of the following conditions and as shown in Figure J103.2:
{a) Is less than 1 foot {0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical {20 percent slope).
{b) Is less t han 3 feet {0.9 m) in dept h at its deepest point measured vertically upward from natural grade to the surface of the fi ll, does not exceed 50 cubic yards, and creates a fil l slope no steeper than 2 unit s horizontal to 1 unit vertical {50 percent slope).
{c) Is less than 5 feet {1.5 m) in depth at its deepest point measured vertically upward from nat ural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical {SO percent slope).

Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
{Ord. 2019-0056 § 81, 2019.)
J103.3 Unpermitted grading.

A person shall not own, use, occupy, or maintain any site containing unpermitted grading. For the purposes of this Code, unpermitted grading shall be defined as either of the following:
{1) Grading t hat was performed, at any point in time, without the required permit{s) having first been obtained from the Building Official, pursuant to Section J103.1; or (2) Grading for which a permit was obtained pursuant to this Section, but which was not completed, pursuant to Section J105, prior to t he expiration of the permit, pursuant to Section 106.5.4.

Any fill placed without a grading permit, including those exempted by Section J103.2, is considered to be uncertified and not suitable for structural support. No building permits will be issued for structures on such fills, and such fills cannot subsequently be accepted under Sections 104.2.7, 104.2.8, or J112 of this Code. All such fills must be removed and recompacted or otherwise remediated under the auspices of a grading permit before any building permits can be issued.

Exception: The Building Official may accept unpermitted fills that consist entirely of hydraulically-placed waste materials generated from an aggregate processing operation if the Permittee submits a geotechnical investigation t hat assesses the extent and engineering characteristics of such a fill, along with a remediation .P.@D.
{Ord. 2019-0056 § 81, 2019.)
J103.4 Availability of permit at site.

No person shall perform any grading that requires a permit under this Appendix unless a copy of the grading permit and approved grading pl ans are in the possession of a responsible person and available at the site for the Building Official's reference.

Created: 2022-08-26 09: 30: 50 [EST]
(Supp. No. 134, Update 2)

(Ord. 2019-0056 § 81, 2019.)
J103.5 Grading fees.

Fees shall be assessed in accordance with the provisions of this Section. The amount of the fees shall be as specified in Section 107.

1. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining wa lls or major drainage structures as required elsewhere in this Code. For excavation and fill on the sa me site, th e fee shall be based on t he volume of excavation or fi ll, whichever is greater.

2. Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code.

3. Site Inspection Fee. When t he Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings, or the proposed construction, a site inspection shall be made during plan check of grading plans. A fee for such inspection shall be paid to the Bu ilding Official at the time of submitting plans and specifications for review. (Ord. 2019-0056 § 81, 2019.)
J103.6 Compliance with zoning code.

The Building Official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply wit h the provisions of +i#e Title 17 of the City of Irwindale Municipal Code22 Planning and Zoning of the Los Angeles County Code. (Ord. 2019-0056 § 81, 2019.)
J103.7 Grading security.

J103.7.1 Scope and purpose.

The Building Official may require a permittee or the owner(s) of th e property on which the grading is proposed to occur to provide security, as a condition of the issuance of a grading permit for any grading involving more than 1,000 cubic yards (764.6 m3 ). Where unusual conditions or special hazards exist, the Building Official may require security for grading involving less than 1,000 cubic yards (764.6 m3 ). The purpose of the security shall be to guarantee the permittee's obligation to mitigate any hazardous conditions, including flood and geotechnical hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the Building Official determines is necessary to bring the property into compliance with this Appendix.

Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is fil ed with the Building Official.

The Building Officia l may waive the requirements for security for the following:

1. Grading being done by or for a governmental agency.

Cr eated: 2022-08-26 09 : 30:50 [ EST)
(Supp. No. 134, Update 2)

2. Grading necessary to remove a geotechnical hazard, where such work is covered by an agreement and security is posted pursuant to the City of Irwindale "Subdivision Ordinance" or to the provisions of Title 21 - Subdivisions - of the Los Angeles County Code.

3. Grading on a site, not exceeding a slope of three units horizontal to one unit vertical, provided such grading as determined by the Building Official will not affect drainage from or to adjacent properties.

4. Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties.

5. Mine reclamation backfills placed under the auspices of a Reclamation Plan approved by the City of Irwindale, providing that there is sufficient SMARA approved financial assurances posted for such reclamation.
(Ord. 2019-0056 § 81, 2019.)
J103.7.2 Form of security.

The security referred to in Section J103.7.1 shall be in one of the following forms:

1. A bond furnished by a corporate surety authorized to do business in this state.

2. Cash.

3. Savings and loan certificates or shares deposited and assigned to the City of Irwindale or to the County as provided in Chapter 4.36 of Title 4 - Revenue and Finance - of the Los Angeles County Code, if the County of Los Angeles is acting as the authorized representative of the City of Irwindale.

4. An instrument of credit from a financial institution subject to regulation by the state or federal government and pledging that funds in the amount required by the Building Official are on deposit and guaranteed for payment, or a letter of credit is issued by such a financial institution. (Ord. 2019-0056 § 81, 2019.)
J103.7.3 Amount of security.

The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, and the cost of all drainage or other protective devices or work necessary to eliminate potential flooding and geotechnical hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows:
100,000 cubic yards or less - 50 percent of the estimated cost of grading work.

Over 100,000 cubic yards - 50 percent of the cost of the first 100,000 cubic yards plus 25 percent of the estimated cost of that portion in excess of 100,000 cubic yards.

When the rough grading has been completed in conformance with the requirements of this Code, the Building Official may, at his or her discretion, consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development, or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the Building Official. (Ord. 2019-0056 § 81, 2019.)
Created: 2022-08·26 09:30:50 [EST]
(Supp. No. 134, Update 2)