CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430‐2200
AMENDED
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
February 28, 2024
SPECIAL MEETING – 5:30 PM
REGULAR MEETING – 6:30 PM
CLOSED SESSION – CONFERENCE ROOM
OPEN SESSION – CITY COUNCIL CHAMBER
ALBERT F. AMBRIZ ‐ Mayor
LARRY G. BURROLA ‐ Mayor Pro Tem
MARK A. BRECEDA ‐ Councilmember
MANUEL R. GARCIA ‐ Councilmember
H. MANUEL ORTIZ ‐ Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.
Listen Over Phone: 1‐669‐900‐6833; Webinar ID: 871‐0459‐2389
February 28, 2024
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).
February 28, 2024
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
February 28, 2024
SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
5. CONSENT CALENDAR
A. Approve and Authorize A Limited License to Enter Agreement for APN: 8417‐031‐029, and Waive Formal Bidding and Approve Lease Agreement with Mobile Modular for Two Mobile Offices Department: Administration
Recommendation: That the City Council of the City of Irwindale Adopt Resolution No. 2024‐18‐3495 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AND APPROVING AND AUTHORIZING THE ASSISTANT CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MOBILE MODULAR FOR THE TEMPORARY LEASE OF TWO 24’X40’ OFFICES AND A LIMITED LICENSE TO ENTER AGREEMENT WITH M
6. RECESS TO CLOSED SESSION
A. Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
B. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16124 Calle de Paseo
Agency Negotiator: Julian A. Miranda, Executive Director Parties: Valerie R. Sanchez, Leonard B. Aguayo, and Kenneth Aguayo, each as 1/3 as tenants in common
Under Negotiation: Price and terms of payment
*Housing Authority Item
February 28, 2024
C. Conference with Legal Counsel – Existing Litigation
[Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1)]
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
D. Conference with Legal Counsel ‐ Anticipated Litigation Significant Exposure to Litigation
[Pursuant to Government Code section 54956.9 (d)(2), (e)(1)] A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is a significant exposure to litigation against the City. The facts and circumstances are those that might result in litigation against the City but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be discussed.
7. RECONVENE IN OPEN SESSION
8. REPORT FROM CLOSED SESSION
9. ADJOURNMENT
*Special meeting agenda amended on Tuesday, February 27, 2024 at 5:30 p.m. to include the highlighted item under Consent and Conference with Legal Counsel – Anticipated Litigation REGULAR MEETING
10. CALL TO ORDER
11. PLEDGE OF ALLEGIANCE
12. INVOCATION
13. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola Mayor Albert F. Ambriz
14. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
15. CHANGES TO THE AGENDA
16. COUNCIL MEMBER TRAVEL REPORTS
17. COUNCILMEMBER COMMENTS
February 28, 2024
18. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
19. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Irwindale Chamber of Commerce Business of the Month ‐ Le Méridien Pasadena Arcadia B. Certificate of Recognition to Seventh Street Development C. Irwindale Chamber of Commerce Quarterly Update
20. CONSENT CALENDAR
A. Minutes of Special and Regular Meetings of January 24, 2024 Department: City Clerk
Recommendation: Approve
B. Minutes of Special and Regular Meetings of February 14, 2024 Department: City Clerk
Recommendation: Approve
C. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
D. Award of Contract for the Dan Diaz Recreation Center Reroofing Project P‐1063 Department: Engineering
Recommendation: That the City Council (1) Authorize the Assistant City Manager to execute a contract agreement between the City of Irwindale and Best Contracting Services, Inc. for the Dan Diaz Recreation Center Reroofing Project in the amount of $680,017 subject to approval as to form by the City Attorney's office; and (2) approve a 10% project contingency in the amount of $68,002 to cover any unforeseeable conditions that may arise during the reproofing project.
E. 2nd Reading of Ordinance ‐ Digital Billboard
Department: Community Development
Recommendation: That the City Council adopt on second reading by title only with further reading waived Ordinance No. 775 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING DEVELOPMENT AGREEMENT NO. 01‐2020 BETWEEN CITY OF IRWINDALE AND RIVERGRADE HOLDING LLC TO ALLOW FOR THE DIGITAL CONVERSION OF AN EXISTING STATIC BILLBOARD LOCATED AT 4800 RIVERGRADE ROAD (APN: 8535‐020‐045, 8535‐020‐047, 8535‐020‐048) IN THE M‐2 (HEAVY MANUFACTURING) ZONE SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF; AND FINDING THE PROJECT EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) February 28, 2024
PURSUANT TO CEQA GUIDELINES SECTION 15302 (CLASS 2; REPLACEMENT AND RECONSTRUCTION)”
F. Rejection of Claim ‐ Heirs of Antonio de Jesus Macias vs. City of Irwindale Department: City Clerk
Recommendation: Staff recommends City Council (1) Reject the claim of the Heirs of Antonio de Jesus Macias vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
21. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. 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 participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.
Each speaker will be limited to 3 minutes unless such time limits are extended. 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. The Presiding Officer may, in his or her discretion, extend the 3‐minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.
The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.
Public Comments will be heard in the following order:
1: In‐person attendees
2: Teleconference attendees
February 28, 2024
3: In‐person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body
22. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023 (Joint Item on Successor Agency & Housing Authority)
Department: Finance
Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.
B. Mid‐Year Financial Review and Adjustments to the FY 2023‐2024 Budget Department: Finance
Recommendation: Receive and file the Mid‐Year Financial Review and Adjustments to the FY 2023‐2024 Budget.
C. Irwindale Community Foundation Appointments & Terms of Board Members Department: City Clerk
Recommendation: Discuss and provide direction to staff.
D. Youth in Government Program Options
Department: City Clerk
Recommendation: Receive and file or provide direction to staff.
E. Verbal Update on Irwindale Park Improvements Projects, Phases IV and V Department: Engineering
23. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
24. CITY MANAGER’S REPORT
25. FUTURE AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
At this time, the City Council will deliberate and discuss whether these items should be placed on a future agenda. In order for any listed item to be placed on a future agenda for substantive discussion or action, the City Council must act by formal motion to direct the City Manager to place the item on a future agenda.
26. ADJOURN
February 28, 2024
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY
27. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
28. CONSENT CALENDAR
A. Minutes of the Regular Meeting held January 24, 2024 Department: City Clerk
Recommendation: Approve
B. Minutes of the Regular Meeting held February 14, 2024 Department: City Clerk
Recommendation: Approve
C. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
29. 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.
30. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023 (Joint Item on City Council & Housing Authority)
Department: Finance
Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.
31. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
32. ADJOURN
February 28, 2024
HOUSING AUTHORITY
33. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
34. CONSENT CALENDAR
A. Minutes of the Regular Meeting Held January 24, 2024 Department: City Clerk
Recommendation: Approve
35. 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.
36. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023 (Joint Item on City Council & Successor Agency)
Department: Finance
Recommendation: Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.
37. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
38. ADJOURN
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 February 28, 2024, be posted at the City Hall, Library, and Post Office on February 23, 2024. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #5.A.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Approve and Authorize A Limited License to Enter Agreement for APN: 8417‐031‐029, and Waive Formal Bidding and Approve Lease Agreement with Mobile Modular for Two Mobile Offices
City Manager's Recommendation:
That the City Council of the City of Irwindale adopt Resolution No. 2024‐18‐3495 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AND APPROVING AND AUTHORIZING THE ASSISTANT CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MOBILE MODULAR FOR THE TEMPORARY LEASE OF TWO 24’X40’ OFFICES AND A LIMITED LICENSE TO ENTER AGREEMENT WITH MANUEL R. LUNA JR AND AMELIA C. LUNA, TRUSTEES OF THE 2009 LUNA FAMILY REVOCABLE TRUST DATED JANUARY 15, 2009, FOR THE TEMPORARY LEASE OF APN 8417‐031‐029.” Administrative Action:
Submitted / Prepared by:
Theresa Olivares, Assistant City Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Theresa Olivares, Assistant City Manager
Background and Analysis:
On February 28, 2024, the City Council will consider approving a contract with Best Contracting Services, Inc. for the Dan Diaz Recreation Center Reroofing Project (“Project”). This Project will include removing the existing deteriorated roof system to the structural decks, installing new flashings, drain assemblies, and roofing materials at the Dan Diaz Recreation Center and the Irwindale Public Library.
As a result of the work to be performed, it will be necessary to temporarily relocate the Dan Diaz Recreation Center and the Irwindale Public Library.
The City of Irwindale Library will temporarily relocate its services to the Irwindale Senior Center, Engineering Offices, and Irwindale Council Chamber. The Irwindale Senior Center will be utilized for collection check out, computer lab, AR testing, and weekly programing. The Engineering office will be used by staff, and the exterior of the Irwindale Council Chamber will be used for tutoring services (Tuesday, Wednesday, and Thursday from 3 pm to 6 pm).
To facilitate the temporary relocation of the Dan Diaz Recreation Center, staff has negotiated a short‐ term lease with a private property owner. The short‐term lease with the private property owner is for the vacant property owned by Manuel R. Luna Jr and Amelia C Luna, Trustees of the 2009 Luna Family Revocable Trust, dated January 15, 2009, and is located on Calle de Paseo (“Site”). The negotiated lease rate is $4,000 per month, which is approximately $500 more than the market rental rate for this area. The above market price is justified given the Site’s proximity to the recreation center to offset the cost of equipment transportation, and the proximity to the bus turnabout allowing for easy retrieval of children who participate in KidZone, open park space at the memorial garden for use of programing and recreational activities, and walkable distance to the temporary Library Tutoring Center at the Irwindale Council Chambers. This Site will be used by the Recreation Department for programing activities (i.e. Teeny Tots, Tiny Tots, KidZone, staff offices, etc.), and is therefore a beneficial location to the public.
To facilitate the use of the Site for recreation programing, it is necessary for the City to lease two (2) 24’x40’ modular mobile units to stage on the vacant property. The two modular office units will each include a handicap accessible restroom, two (2) office spaces, two entry/exit doors (including one handicap accessible ramp), and air conditioning.
Irwindale Municipal Code section 3.44.080(E), outlines that bidding may be dispensed with when through cooperative purchasing with the state, the county, and other public agencies, the advantages of large‐scale buying may be obtained. The two modular office units meet this requirement of the municipal code section. Mobile Modular was awarded contract #120822‐MMR from Sourcewell, based off a formal bid procedure. The two modular office units to be leased are eligible under this contract and Mobile Modular is offering Irwindale the lease rate at the multi‐year contract price. This bidding procedure and cost break is available for the City of Irwindale to utilize per IMC 3.88.080(E).
Fiscal Impact:
The Dan Diaz Recreation Center Reroofing Project P‐1063 has been budgeted in the FY 2023‐2024 adopted budget under the Recreation/Library Building Improvements (CIP No. 8228). The total cost for the lease of the two modular units and the lease of the Site is $62,123.34 ($50,123.34 + $12,000).
Sufficient funding is available for these agreements and no additional money is being requested.
Attachments:
1. Resolution_2024‐18‐3495_Mobile Modular Lease and Limited License Agreement
Item 19A
Item 19B
Item 19C
Item #19.D.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Award of Contract for the Dan Diaz Recreation Center Reroofing Project P‐1063 City Manager's Recommendation:
That the City Council (1) Authorize the Assistant City Manager to execute a contract agreement between the City of Irwindale and Best Contracting Services, Inc. for the Dan Diaz Recreation Center Reroofing Project in the amount of $680,017 subject to approval as to form by the City Attorney's office; and (2) approve a 10% project contingency in the amount of $68,002 to cover any unforeseeable conditions that may arise during the reproofing project.
Administrative Action:
Submitted/Prepared by:
Eddie Chan, Director of Engineering / Building Official Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City
Treasurer
Approved by:
Theresa Olivares, Assistant City Manager
Background and Analysis:
City records indicate recurrent leaks in the roof of the Dan Diaz Recreation Center during each rainy season. Upon further assessment, it was determined that reroofing is necessary. As part of the City’s Fiscal Year 2023‐24 Capital Improvement Program, the City Council has approved the Dan Diaz Recreation Center Reroofing Project. The project scope involves removing the existing deteriorated roof system to the structural decks, installing new flashings, drain assemblies, and roofing materials.
On January 22, 2024, a Notice Inviting Bids was published in the City’s adjudicated newspaper. The final submission date for bids on PlanetBids or the City Clerk's office was February 13, 2024, at 10:30 am. The City received three (3) bids with the following results:
Contractor Bid Amount
1 Best Contracting Services, Inc. $ 680,017
2 Commercial Roofing Systems, Inc. $ 1,052,815
3 Danny Letner, Inc. $ 1,285,000
Staff reviewed the bid proposals and found Best Contracting Services, Inc. to be the lowest responsible bidder with a valid California contractor's license, Department of Industrial Relations (DIR) registration, not barred from bidding on public works contracts, and having good references. Therefore, staff recommends the contract be awarded to Best Contracting Services, Inc. for this project.
Fiscal Impact:
The Project has been budgeted in the FY 2023‐2024 adopted budget under the Recreation/Library Building Improvements (CIP No. 8228). The total cost for this project is $748,019 ($680,017 + $68,002 (10% Construction Contingency)). Sufficient funding is available for this contract and no additional money is being requested.
Attachments:
1. 02‐28‐2024 Award of DAN DIAZ RECREATION CENTER REROOFING P‐1063 ‐ CONSTRUCTION AGREEMENT(964035.1)
2. Bid ‐ Best Contracting Services
Item #19.E.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading of Ordinance ‐ Digital Billboard
City Manager's Recommendation:
That the City Council adopt on second reading by title only with further reading waived Ordinance No. 775 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING DEVELOPMENT AGREEMENT NO. 01‐2020 BETWEEN CITY OF IRWINDALE AND RIVERGRADE HOLDING LLC TO ALLOW FOR THE DIGITAL CONVERSION OF AN EXISTING STATIC BILLBOARD LOCATED AT 4800 RIVERGRADE ROAD (APN: 8535‐020‐045, 8535‐020‐047, 8535‐020‐048) IN THE M‐2 (HEAVY MANUFACTURING) ZONE SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF; AND FINDING THE PROJECT EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15302 (CLASS 2; REPLACEMENT AND RECONSTRUCTION)”
Administrative Action:
Submitted by:
Marilyn Simpson, Community Development Director
Prepared by:
Martin Romero, Planning Technician
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At its meeting of February 14, 2024, the City Council introduced the above ordinance for first reading.
The City Council revised Section 2.7 of the Agreement entitled, "Community Benefit" to read as follows:
“Developer shall also provide free of charge to City, or any city approved nonprofit entity, on a space‐ available basis, advertising space on the Digital Billboard Structure. Such advertising space shall only be made available for the use of City‐related events or agencies. City will be responsible for creating the design of any displays, subject to review and approval of a suggested copy from City by Developer, with such Developer approval not to be unreasonably withheld, conditioned or delayed. Developer agrees to install, at no cost to the City, an unlit City emblem (the “City Logo”) on the sign column of each Digital Billboard Structure. Said logo shall be provided to the Developer by the City, as further detailed in “Exhibit B” attached hereto.”
This change was agreed to by the applicant at the February 14, 2024 public hearing.
Ordinance No. 775 is attached for adoption on its second reading for Development Agreement No. 01‐ 2020.
Fiscal Impact:
The Development Agreement application is deposit‐based and therefore does not have a negative impact on the City’s General Fund. An annual development fee has been made part of the agreement that will generate Seventy Thousand Dollars ($70,000) to the City of Irwindale per year (representing $35,000 per digital display) with a 12.5% increase every 5 years.
Attachments:
1. Ordinance No. 775 and DA No. 01‐2020
Item #19.F.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Rejection of Claim ‐ Heirs of Antonio de Jesus Macias vs. City of Irwindale City Manager's Recommendation:
Staff recommends City Council (1) Reject the claim of the Heirs of Antonio de Jesus Macias vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On February 12, 2024, the City received a claim for damages from claimant Heirs of Antonio de Jesus Macias. Claimants allege that while traveling westbound on Arrow Highway at or near Morada Street, Mr. Macias was struck by a vehicle that was traveling southbound on Morada Street, causing the death of Mr. Macias.
The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.
Fiscal Impact:
None
Attachments:
1. REJECTION NOTICE TO CITY LETTER ‐ Heirs of Antonio de Jesus Macias Irwindale
2. Heirs of Antonio de Jesus Macias ‐ Claim Received February 12, 2024
Item #21.A.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager
Issue: Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023.
City Manager's Recommendation:
Receive and file the Annual Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year Ended June 30, 2023.
Administrative Action:
Submitted / Prepared by:
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The City’s Finance Department Staff is required to present to the City Council the City of Irwindale’s annual financial statements and results of the financial audit for the fiscal year ended June 30, 2023.
The statements are referred to collectively as an Annual Comprehensive Financial Report (ACFR). The format and content requirements for ACFRs are set forth in guidelines developed by the Government Finance Officers Association of the United States and Canada (GFOA) and the California Society of Municipal Finance Officers (CSMFO).
The ACFR is comprised of three (3) major sections as follows:
The Introductory Section includes:
o The Letter of Transmittal
o A List Principal City Officials at fiscal year‐end
o An Organization Chart at fiscal year‐end
o A copy of the GFOA Award received for Excellence in Financial Reporting for the prior year’s ACFR.
The Financial Section includes:
o The Independent Auditors’ Report
o Management’s Discussion and Analysis Report (MD&A)
o Financial Statements
o Notes to the Financial Statements
o Required Supplementary Information
The Statistical Section includes:
o Financial Trend information
o Revenue Trend Information
o Debt Capacity
o Demographic and Operating Information
The financial statements were audited by the independent public accounting firm of LSL, Certified Public Accountants, whose unmodified opinion is included within the financial section of the report. An unmodified opinion indicates that the financial statements present fairly the financial position of the City of Irwindale as of June 30, 2023, and the results of operations are in accordance with generally accepted accounting principles (GAAP).
The audited financial statements are for the City of Irwindale, which is the primary government, and for the component entities of the Irwindale Housing Authority, Irwindale Reclamation Authority, and the City of Irwindale as Successor Agency of the former Irwindale Community Redevelopment Agency.
As part of the audit, the auditors also reviewed and performed tests of the City’s internal control procedures to determine if there are any deficiencies or instances of non‐compliance. The results of these tests confirmed the City of Irwindale is in compliance with government auditing standards and no deficiencies were identified in the City’s internal control structure.
Supplemental Audit Letters attached as part of the ACFR packet provide more detailed information regarding these results, and they include the following three supplemental Audit Letters:
The Audit Communication Letter
The Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
The Independent Accountants’ Report on Agreed‐Upon Procedures Applied to Appropriations Limit Worksheets
The City of Irwindale ACFR for the fiscal year ended June 30, 2023, is available for review in the City Clerk’s Office, the Irwindale Library, or the Finance Department. In addition, the ACFR is distributed to all City Council members, various federal and state government agencies, rating agencies and financial institutions, and is also made available on the City of Irwindale website for interested citizens.
Fiscal Impact:
The Annual Comprehensive Financial Report summarizes the financial position of the City of Irwindale, and its component units, as of June 30, 2023. There is no fiscal impact to approve the financial statements.
Attachments:
1. A. ACFR for the FY ended June 30, 2023
2. B. Audit Communication Letter
3. C. Independent Auditors' Report on Internal Control over Financial Reporting
4. D. Independent Accountant's Report on the Appropriations Limit
Item #21.B.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Mid‐Year Financial Review and Adjustments to the FY 2023‐2024 Budget City Manager's Recommendation:
Receive and file the Mid‐Year Financial Review and Adjustments to the FY 2023‐2024 Budget.
Administrative Action:
Submitted/Prepared by:
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
In June 2023, the City Council, Housing Authority Board, and Reclamation Authority Board formally adopted their respective FY 2023–2024 Budgets. Typically, there are additional appropriations approved by the Council/Board(s) for unanticipated items during the fiscal year. The Finance Department has conducted an analysis of the current fiscal years’ revenues and expenditures, and evaluated the year‐to‐date numbers against the approved budget to determine how this year’s financial activities are tracking.
Revenues
The City’s adopted General Fund Revenues Budget includes $25,496,260 in operating revenues, and $4,044,200 in capital/one‐time revenues, for a total of $29,540,460 at the start of the fiscal year.
During the mid‐year financial review, all revenues were analyzed for any changes in trends from what was originally budgeted, and no adjustment is being proposed for mid‐year.
The City’s General Fund Revenue Budget also included $4,044,200 in capital/one‐time revenues related to building permits and plan checks for several developments currently progressing in the City. The financial analysis conducted confirmed that some of the development projects originally estimated, especially in the building permit revenue category, may not be on track to be realized in FY 2023‐2024.
To better assess the situation, the Director of Engineering/Building Official plans to meet with the developers to better understand their projects, assess their timelines, and reevaluate the fees and the timing in which the City should anticipate their collection. With that, no changes to initial estimates are being proposed to these capital/one‐time revenues, and if later adjustments are needed, they would be reflected in the City Manager’s proposed fiscal year 2024‐2025 operating and capital improvement budget.
Expenditures
The City’s adopted General Fund Expenditure Budget includes $27,507,821 in operating expenditures, $1,869,039 in transfers to the Capital Projects Fund for capital project expenditures, and $86,000 in the American Rescue Plan Act (ARPA) for acquisition of a van for Senior Center for FY 2023‐2024.
City Departments conducted an in‐depth analysis of all their year‐to‐date expenditures, and calculated projections through the end of the fiscal year to identify any expenditures that were tracking higher or lower than originally budgeted. Their analysis showed no adjustment needed to be proposed for mid‐ year.
Fiscal Impact:
The adopted Fiscal Year 2023‐2024 budget has sufficient funding to meet the expected expenditures for the remainder of the fiscal year as originally projected. No additional funding will be requested.
Attachments:
None
Item #21.C.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Irwindale Community Foundation Appointments & Terms of Board Members 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:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On January 24, 2024, a report was given to the City Council related to the terms of office for the Irwindale Community Foundation (ICF) Board members and the upcoming expiring terms of the full Board. At that meeting, the City Council directed staff to bring this matter forward to the ICF Board at its special meeting of February 20, 2024, for discussion and recommendations.
At the special ICF meeting of February 20, 2024, the Board recommended allowing the upcoming terms to expire on June 30, 2024, as scheduled. Further, it was suggested that the City Council consider staggering the terms of future Boardmembers. It should be noted that amendments to the ICF Bylaws would require City Council approval.
Should the Council wish to consider the recommendation of the ICF Board and stagger the terms of office for the ICF Boardmembers, staff recommends the City Council consider the following:
Two Year Terms
The councilperson's term of office, as appointed in 2024 shall begin on July 1, 2024 and end on June 30, 2026;
The two City residents' terms of office, as appointed in 2024 shall begin on July 1, 2024 and end on June 30, 2026
Initial One Year Terms; Subsequent Two Year Terms
The two business representatives' terms of office, as appointed in 2024, shall be for an initial period of one year, beginning on July 1, 2024 and ending on June 30, 2025. The subsequent two‐year terms will begin July 1, 2025 and end on June 30, 2027.
Any amendments to the ICF Bylaws would be brought forward at a future meeting for City Council approval. The Council may provide any other direction to staff.
Fiscal Impact:
None
Attachments:
1. ICF Bylaws
Item #21.D.
Date: February 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Youth in Government Program Options
City Manager's Recommendation:
Receive and file or provide direction to staff.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At the meeting of February 14, 2024, the City Council, by consensus and at the request of Councilmember Ortiz, directed staff to conduct a Youth In Government Program to engage elementary and middle school students in the local schools that serve the Irwindale community.
The Irwindale Youth In Government program consists of an interactive discussion about city government, participation in a mock election, and a mock City Council meeting. Students would be selected to play various roles, such as city staff, Mayor and Councilmembers, and members of the public. The students are then presented with a scenario impacting the city, followed by a mock election and City Council meeting. This event would take place in the Irwindale City Council Chambers as a field trip for the participating class.
Staff has evaluated Youth In Government programs from other agencies and presents the following for City Council consideration:
1. Continue with the current model for the Youth In Government Program (inviting students to City Hall in a field trip setting)
2. Consider a 2‐day Youth in Government Program, involving a shadow day, and a City tour and mock City Council meeting (small group, voluntary)
3. Consider a 1‐day Youth in Government Program involving a shadow opportunity, City tour and mock City Council meeting (small group, voluntary)
4. Consider a mobile Youth in Government Program involving a City Council presentation, mock City Council meeting and mock election (visiting school sites)
5. Other direction or option, as recommended by the City Council.
Staff is conducting outreach to the faculty at Merwin Elementary, Manzanita Elementary and Las Palmas Middle School to gauge their interest in participating in the Youth In Government program. It should be noted that the type of program and its duration of time will be driven by the availability, interest and needs of the participating schools. Staff will strive to schedule an event during the current school year. However, if that is not possible, staff will work with the school sites to schedule programming in the 2024‐2025 school year.
Fiscal Impact:
None
Attachments:
None
Item 27A
Item 27B
Item 27C
Item 33A