CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200 NOTICE AND AGENDA FOR THE *AMENDED* SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
April 10, 2024
SPECIAL MEETING – 5:15 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 April 10, 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/AB2449-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).
Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting, not to exceed $300/month for convening the regular meetings of the Irwindale Reclamation Authority.
April 10, 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
April 10, 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. CONSENT CALENDAR
A. Amendment No. 2 to Contract Services Agreement with Iteris, Inc. for Professional Design Services for Reliance II Phase I Offsite Improvements Project; P-1014 Department: Engineering
Recommendation: That the City Council (1) approve Amendment No. 2 to Contract Services Agreement with Iteris, Inc. (Iteris) for Professional Design Services pertaining to the preparation of the Plans, Specifications and Estimate (PS&E) for the Reliance II Phase I Offsite Improvements Project (P-1014), increasing the contract amount from $121,870.00 to $171,335.00 (an increase of $49,465.00); and (2) approve a 20% project contingency in the amount of $34,267.00 to cover any unforeseeable changes that may arise during design.
5. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
6. RECESS TO CLOSED SESSION
A. 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
Property: Las Casitas (5164 Ayon Avenue)
Parties: Northridge Group & Housing Authority
Under Negotiation: Price and terms of potential sale
April 10, 2024
Property: 16359 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: 39 Dalton Financial Ltd. Partnership Under Negotiation: Price and terms of payment
B. Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Kambiz Borhani, Finance Director; Mary Hull, Human Resources Manager Employee Organizations: IMEA, ICEA, IPOA, and Unrepresented Employees 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
7. RECONVENE IN OPEN SESSION
8. REPORT FROM CLOSED SESSION
9. ADJOURNMENT
Amended on Tuesday, April 9, 2024 at 9:00 a.m. to include Consent Calendar Item #1
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
April 10, 2024
17. COUNCILMEMBER COMMENTS
18. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
19. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
20. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings held March 27, 2024 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
C. Award of Contract for the Irwindale Veterans Monument Improvements Project – Phase II; P-1059 Department: Engineering
Recommendation: That the City Council (1) authorize the City Manager to execute a contract agreement between the City of Irwindale and Mariposa Landscapes, Inc for the Irwindale Veterans Monument Improvements Project – Phase II in the amount of $209,546.00 subject to approval as to form by the City Attorney’s office; and (2) approve a 10% project contingency in the amount of $20,955.00 to cover any unforeseeable changes that may arise during design.
D. Award of Contract for the Development of a Safe Streets for All (SS4A) Comprehensive Safety Action Plan; P-1060
Department: Engineering
Recommendation: That the City Council (1) authorize the City Manager to execute a contract agreement between the City of Irwindale and GTS for the development of a Safe Streets for All (SS4A) Comprehensive Safety Action Plan in the amount of $183,860.00 subject to approval as to form by the City Attorney’s office; and (2) approve a 10% project contingency in the amount of $18,386.00 to cover any unforeseeable changes that may arise during design.
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, April 10, 2024
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
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. Access Gate into Irwindale Park
Department: Public Services
Recommendation: Provide staff with direction on the property owner’s request to construct and install a gate on city-owned block wall to gain direct access to Irwindale Park.
23. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
A. Comprehensive Zoning Code Update
Department: Community Development
Recommendation:
1. Introduce for first reading by title only with further reading waived: Ordinance No. 772 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWIDALE REPEALING April 10, 2024
TITLE 17 OF THE IRWINDALE MUNICIPAL CODE ("ZONING") IN ITS ENTIRETY AND ADOPTING THE COMPREHENSIVE ZONING CODE UPDATE AS TITLE 17 OF THE IRWINDALE MUNICIPAL
CODE, MAKING FINDINGS IN SUPPORT THEREOF AND FINDING THE PROJECT CONSISTENT WITH THE CITY’S PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (SCH# 2005071047) AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW, PURSUANT TO CEQA GUIDELINES SECTIONS 15183, AND 15162; and
2. Adopt Resolution No 2024-08-3485 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE, CALIFORNIA, APPROVING AND ADOPTING THE CITY-INITIATED APPLICATION FOR ZONE CHANGE NO. 04-2023 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF IRWINDALE TO REFLECT UPDATES TO TITLE 17 (ZONING) CONSISTENT WITH ORDINANCE NO. 772, AND FINDING THE PROJECT CONSISTENT WITH THE CITY’S PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (SCH# 2005071047) AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW, PURSUANT TO CEQA GUIDELINES SECTIONS 15183, AND 15162”
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.
A. Request by Mayor Pro Tem Burrola regarding solar panel installation at Aquatics Center Department: City Clerk
Recommendation: Discuss
26. ADJOURN
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 March 27, 2024
Department: City Clerk
Recommendation: Approve
April 10, 2024
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.
31. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
32. ADJOURN
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 March 27, 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.
37. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
38. ADJOURN
April 10, 2024
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 10, 2024, be posted at the City Hall, Library, and Post Office on POSTING DATE HERE. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #4.A.
Date: April 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 2 to Contract Services Agreement with Iteris, Inc. for Professional Design Services for Reliance II Phase I Offsite Improvements Project; P-1014 City Manager's Recommendation:
That the City Council (1) approve Amendment No. 2 to Contract Services Agreement with Iteris, Inc. (Iteris) for Professional Design Services pertaining to the preparation of the Plans, Specifications and Estimate (PS&E) for the Reliance II Phase I Offsite Improvements Project (P-1014), increasing the contract amount from $121,870.00 to $171,335.00 (an increase of $49,465.00); and (2) approve a 20% project contingency in the amount of $34,267.00 to cover any unforeseeable changes that may arise during design.
Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering/ Building Official
Prepared by:
Francisco Carrillo, Construction Compliance Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Reliance II Specific Plan is an ongoing project within the City of Irwindale that contemplates the re-use of a reclaimed quarry site as a commercial and industrial business park. The Reliance II project is situated on a ±92-Acre site north of I-210, west of Irwindale Avenue, and south of Foothill Boulevard in the City of Irwindale ("Project Site"). The project is located east of the City of Duarte and west of the City of Azusa.
On July 22, 2020, the City Council awarded the contract for professional design services for the Reliance II Land Development Phase I off-site improvements to Iteris, Inc. ("Consultant") in the amount of $79,930.00 ("Agreement"). On March 10, 2021, the City Council approved Amendment No. 1 to the Agreement. Amendment No 1. increased the contract amount by $41,940.00, bringing the total Contract Sum to $121,870.00. Amendment No. 1 was made at the request of CalMat Co. (dba Vulcan Materials Company), the original owner/developer of the Project Site, to incorporate Phase II off-site improvements alongside Phase I, to be constructed simultaneously.
On March 15, 2021, Vulcan conveyed the Project Site to Clarion/Trammel Crow, dba LIT ("Developer"). They are now the current owner/developer of the ±92-Acre Project Site. On October 12, 2022, the City Council approved the Reimbursement Agreement between the City of Irwindale and LIT to reimburse the City the full reasonable costs incurred by the City related to land development of the Reliance II site.
During the development of the off-site improvement plan that included Phases I & II, LIT opted to separate Phase I and Phase II improvements, necessitating additional design costs. In response, Amendment No. 2 is proposed between the City and Iteris, which divides the PS&E package once again into Phase I and Phase II. Exhibit A of this Amendment No. 2 describes the modified scope of services, which consists in general of the following:
Modification of the street improvement plans, irrigation and landscape plans, traffic signal plans, signing and striping, and street lighting plans. The estimate and specifications will be revised.
Addition of construction support for Phase I Construction.
While the City will manage the planning, design, and permitting of these off-site improvements, the full costs will be covered by the Developer, as outlined in the Project Reimbursement Agreement between the City and the Developer.
The attached contract agreement amendment has been reviewed and approved by the City Attorney’s office.
Project Reimbursement Agreement with Clarion/Trammel Crow dba LIT for the development of Reliance II Project (October 12, 2022 - CC Item 1G).
Fiscal Impact:
The entire cost of this contract ($205,602 ($171,335 + $34,267 (20% Contingency))) will be covered by the Developer, Clarion/Trammel Crow, dba LIT. The City's General Fund will not be impacted. The Developer has agreed to reimburse the City 100% of all costs and expenses incurred by the City by providing a deposit account pursuant to the Project Reimbursement Agreement between the City and the Developer.
Attachments:
1. 4-10-2024 Amendment #2 to Agreement_Reliance II Phase I Off-Site Improvem. Design&Const Support
Item #21.A.
Date: April 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Access Gate into Irwindale Park
City Manager's Recommendation:
Provide staff with direction on the property owner’s request to construct and install a gate on city‐ owned block wall to gain direct access to Irwindale Park.
Administrative Action:
Submitted by/Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On October 12, 1995, City Council approved a project to construct a 6‐Foot High Block Wall on the East Side of Irwindale Park. The project originated as a safety concern when the city was informed that patrons using the park were jumping over the existing 4’ high wall, entering private property, and removing items from those private yards. On April 2, 1996, City Council awarded the contract for this project and authorized staff to notify the property owners whose properties would adjoin this wall that the recommendation is to not construct any gates on this new wall that would allow access to Irwindale Park; however, if the property owner desired to retain their gate access, then the City’s contractor would construct a new gate for them. Letters were sent out to the four (4) property owners affected by this project on April 17, 1996. The addresses of these properties include 5059, 5105, 5107, and 5113 Allen Drive. As a result, the only property owner who requested their gate be returned was the owner of 5113 Allen Drive.
Staff was recently approached by the new property owners for 5105 Allen Drive requesting permission from the City to construct and install a gate on the existing city‐owned 6’ block wall that was constructed in 1996. Additionally, they are requesting that the City pay for 50% of the costs to construct this gate.
Staff has prepared the following options for the City Council's consideration.
Option 1: Approve the property owner’s request to construct and install a gate in the city’s block wall in order to access Irwindale Park from their property. The resident is required to obtain all required permits, pay 100% of permit and construction costs, indemnify the city of any liability, and provide the city with a copy of the key to retain in case of an emergency. The City would not contribute any costs under this option.
Option 2: Approve the property owner’s request to construct and install a gate in the city’s block wall in order to access Irwindale Park from their property. The resident is required to obtain all required permits, pay 50% of permit and construction costs, indemnify the city of any liability, and provide the city with a copy of the key to retain in case of an emergency. The City would contribute the other 50% of the permit and construction costs under this option.
Option 3: Deny this request.
The City Attorney would be required to draft an indemnification and access contract for the city and property owner(s) to sign should the city council approve Option 1 or 2.
Fiscal Impact:
There is no cost associated with options 1 or 3. Option 2, however, will require staff to research the construction and permit cost and come back with a contract and a resolution for the City Council's consideration.
Attachments:
None