Irwindale City Council
May 22, 2024

CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200

NOTICE AND AGENDA FOR THE SPECIAL AND

REGULAR MEETING OF THE

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY
May 22, 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

May 22, 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 for convening the regular meetings of the Irwindale Reclamation Authority.

May 22, 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

May 22, 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. RECESS TO CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: One
B. Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Jamie Traxler, Assistant 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

6. RECONVENE IN OPEN SESSION

7. REPORT FROM CLOSED SESSION

8. ADJOURNMENT

REGULAR MEETING

May 22, 2024

9. CALL TO ORDER

10. PLEDGE OF ALLEGIANCE
A. Pledge Leader - Cesar Tapia

11. INVOCATION

12. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola Mayor Albert F. Ambriz

13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

14. CHANGES TO THE AGENDA

15. COUNCIL MEMBER TRAVEL REPORTS

16. COUNCILMEMBER COMMENTS

17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Certificate of Recognition to the Irwindale RockAbilities Program

19. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings of May 8, 2024 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
C. Approval of Memorandum of Understanding with the Federal Bureau of Investigation for Training Facility Use
Department: Police
Recommendation: Approve the Memorandum of Understanding between the City of Irwindale and the Federal Bureau of Investigation.

20. SPONTANEOUS COMMUNICATIONS

May 22, 2024

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
3: In-person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body

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

A. Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy for a term expiring December 31, 2025
Department: City Clerk

May 22, 2024

Recommendation: Adopt Resolution No. 2024-30-3507 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPOINTING A MEMBER TO THE PLANNING COMMISSION

OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY FOR A TERM EXPIRING DECEMBER 31, 2025" reading by title only and waiving further reading thereof.

B. Consolidation and Update of Irwindale Municipal Code Sections Regarding the City's Boards and Commissions
Department: City Clerk
Recommendation: That the City Council introduce for first reading by title only with further reading waived Ordinance No. 777 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING CHAPTERS 2.28 (PARKS & RECREATION COMMISSION, 2.32 (PLANNING COMMISSION), 2.56 (SENIOR CITIZEN COMMISSION), AND 2.60 (YOUTH COMMISSION) AND ADOPTING CHAPTER 2.30 (CITY COMMISSIONS) WITHIN TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE IRWINDALE MUNICIPAL CODE TO CONSOLIDATE AND ESTABLISH

UNIFORMITY AMONG ALL BOARDS AND COMMISSIONS ESTABLISHED BY THE CITY OF IRWINDALE", or provide other direction to staff.

C. Verbal Update on Irwindale Park Improvements Projects, Phases IV and V Department: Engineering
Recommendation: Receive and file.

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

23. CITY MANAGER’S REPORT

24. 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.

25. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

27. CONSENT CALENDAR

May 22, 2024

A. Minutes of the Regular Meeting of May 8, 2024
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve

28. 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.

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

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

31. ADJOURN

HOUSING AUTHORITY

32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

33. CONSENT CALENDAR
A. Minutes of the Regular Meeting of May 8, 2024
Department: City Clerk
Recommendation: Approve
B. Acquisition of 16154 -16158 Arrow Highway, Irwindale CA Department: Administration
Recommendation: Staff recommends that the Housing Authority Board adopt HA Resolution No. 2024-06-144: "A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY APPROVING THE ACQUISITION OF 16154 -16158 ARROW HIGHWAY, IRWINDALE, CALIFORNIA, AUTHORIZING THE

HOUSING COORDINATOR TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND RELATED

DOCUMENTS, AND APPROVING THE APPROPRIATION OF FUNDS FROM LOW AND MODERATE INCOME HOUSING FUND 12"

34. SPONTANEOUS COMMUNICATIONS

May 22, 2024

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.

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

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

37. 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 May 22, 2024, be posted at the City Hall, Library, and Post Office on May 17, 2024. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS MAY 8, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:30 P.M.

The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in special joint meeting at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz

Absent: Councilmember H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

SPONTANEOUS
COMMUNICATIONS None.

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

Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16154 Arrow Highway (APNS 8417-029-024 and 025) Agency Negotiator: Fernando Lopez, Housing Coordinator
Negotiating Parties: Rudolfo A. Dominguez, Trustee
Under Negotiation: Price and terms of payment
ACTION: Update provided to the Board, no direction provided and no reportable action (Board Member Breceda did not participate in discussing this item due to a potential conflict of interest).

Property: 16249 Arrow Highway
Negotiating Parties: Marta McBride and Julian A. Miranda, City Manager
Under Negotiation: Price and terms of payment
ACTION: Update provided to the Council, direction provided to staff, no reportable action (Board Member Breceda did not participate in discussing this item due to a potential conflict of interest).

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
ACTION: Update provided to the Council, direction provided to staff; no reportable action

CITY COUNCIL / HOUSING AUTHORITY MINUTES MAY 8, 2024
SPECIAL MEETING PAGE 2
Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation (Pursuant to Government Code Section 54956.9 (d)(2)
Number of Cases: One
ACTION: Information provided to the Council, no direction provided, no action taken (Mayor Ambriz elected not to participate due to a nonfinancial conflict of interest).

RECONVENE IN At 6:30 p.m., the City Council reconvened in Open Session.

OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:31 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS MAY 8 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:31 P.M.

The Irwindale CITY COUNCIL met in regular session at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz

Absent: Councilmember H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk

PLEDGE OF
ALLEGIANCE The Pledge of Allegiance was conducted.

AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda noted that staff would pull Item 19C for a brief MIRANDA report on procedure and vote.

COUNCILMEMBER

TRAVEL REPORTS
MAYOR PRO TEM Mayor Pro Tem Burrola reported on his attendance at a recent BURROLA Southern California Association of Governments (“SCAG”) conference.

COUNCILMEMBER
COMMENTS None.

INTRODUCTION OF

NEW EMPLOYEES /
PROMOTIONS None.

PROCLAMATIONS /

PRESENTATIONS /

COMMENDATIONS
PROCLAMATION - PROCLAMATION – PUBLIC SERVICE WEEK

PUBLIC SERVICE
WEEK The proclamation was made.

CITY COUNCIL MINUTES MAY 8, 2024
REGULAR MEETING PAGE 2
PROCLAMATION - PROCLAMATION – TEACHER APPRECIATION WEEK

TEACHER
APPRECIATION WEEK The proclamation was made.

PROCLAMATION - PROCLAMATION – PUBLIC WORKS WEEK

PUBLIC WORKS WEEK
The proclamation was made.

CERTIFICATE OF CERTIFICATE OF RECOGNITION – NOAH BUTLER RECOGNITION –
NOAH BUTLER The Certificate of Recognition was presented to Noah Butler.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by mayor Pro Tem Burrola, to approve the Consent Calendar, except for Item No. 19C, which was removed for separate consideration. The motion was unanimously approved; Councilmember Ortiz absent.

ITEM NO. 19A MINUTES OF THE SPECIAL AND REGULAR MEETINGS HELD MINUTES OF THE APRIL 24, 2024

SPECIAL AND REGULAR
MEETINGS HELD The minutes of the special and regular meetings held April 24, 2024, APRIL 24, 2024 were approved as presented.

ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL

WARRANTS /
DEMANDS / PAYROLL The warrants / demands / payroll were approved.

ITEM NO. 19D TERMINATING LOCAL EMERGENCY – SEVERE WINTER

TERMINATING LOCAL STORMS
EMERGENCY – SEVERE

WINTER STORMS
RESOLUTION NO. Resolution No. 2024-31-3508, entitled:
2024-31-3508
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE PROCLAIMING TERMINATION OF LOCAL

EMERGENCY AND RELEASING THE UNSPENT FUNDS BACK TO
THE GENERAL FUND RESERVES,” was adopted.

ITEM NO. 19E FUNDING MEMORANDUM OF AGREEMENT BETWEEN THE CITY

FUNDING MOA OF IRWINDALE AND THE SAN GABRIEL VALLEY COUNCIL OF

BETWEEN THE CITY GOVERNMENTS

OF IRWINDALE AND

THE SGVCOG

CITY COUNCIL MINUTES MAY 8, 2024
REGULAR MEETING PAGE 3
RESOLUTION NO. Resolution No. 2024-32-3509, entitled:
2024-32-3509
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE FUNDING MEMORANDUM OF

AGREEMENT BETWEEN THE CITY OF IRWINDALE AND THE

SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR

PUBLIC SAFETY SUPPORT, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE MEMORANDUM OF AGREEMENT, AND
APPROPRIATING FUNDS FOR PUBLIC SAFETY SUPPORT,” was
adopted.

ITEM NO. 19F REQUEST TO APPROVE AMENDMENT NO. 2 TO A
AMENDMENT NO. 2 PROFESSIONAL CONTRACT SERVICES AGREEMENT WITH TO AN AGREEMENT PLACEWORKS, INC. FOR THE PREPARATION OF CEQA

WITH PLACEWORKS, DOCUMENTS (INITIAL STUDY AND ENVIRONMENTAL IMPACT INC. FOR THE REPORT) FOR THE FUTURE BUILDOUT OF UP TO THREE (3)

PREPARATION OF SPECULATIVE INDUSTRIAL BUILDINGS AND AN OPTIONAL

CEQA DOCUMENTS BATTERY ENERGY STORAGE SYSTEM FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE (APNS: 8532-002-035 AND
042)
Contract Amendment No. 2 with Placeworks, Inc., attached to the staff report, for the preparation of an Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 13620 Live Oak Lane, Irwindale, CA 91706, was approved.

ITEM NO. 19G REQUEST TO APPROVE THE AMENDED AND RESTATED

AMENDED AND PROJECT REIMBURSEMENT AGREEMENT BETWEEN THE CITY RESTATED PROJECT AND KP IRWINDALE OWNER, LLC (“APPLICANT”) FOR CEQA

REIMBURSEMENT AND CITY ATTORNEY COSTS ASSOCIATED WITH THE

AGREEMENT WITH PROPOSED INDUSTRIAL AND OPTIONAL BATTERY ENERGY KP IRWINDALE STORAGE SYSTEM DEVELOPMENT TO BE LOCATED AT 13620 OWNER, LLC, FOR LIVE OAK LANE (APNS: 8532-002-035 AND 042)

CEQA AND CITY
ATTORNEY COSTS The Amended and Restated Project Reimbursement Agreement with KP Irwindale Owner, LLC, attached to the staff report, 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 Lead Agency and costs incurred by the City Attorney’s Office, was approved.

ITEM NO. 19H APPROVAL OF MEMORANDUM OF UNDERSTANDING

APPROVAL OF MOU BETWEEN THE CITIES OF AZUSA, BALDWIN PARK, AND

BETWEEN THE CITIES IRWINDALE FOR THE EAST SAN GABRIEL VALLEY SPECIAL

OF AZUSA, BALDWIN WEAPONS AND TACTICS TEAM

PARK, AND IRWINDALE
FOR THE EAST SGV The Memorandum of Understanding between the Cities of Azusa,

CITY COUNCIL MINUTES MAY 8, 2024
REGULAR MEETING PAGE 4
SWAT TEAM Baldwin Park, and Irwindale for the East San Gabriel Valley Special Weapons and Tactics Team, was approved.

END OF CONSENT CALENDAR
ITEM NO. 19C IRWINDALE BUSINESS CENTER SEWER AND LIGHT
IRWINDALE BUSINESS MAINTENANCE ASSESSMENT DISTRICTS ENGINEER’S

CENTER SEWER REPORT AND NOTICE OF INTENT TO LEVY

AND LIGHT

MAINTENANCE

ASSESSMENT
DISTRICTS ENGINEER’S

REPORT AND NOTICE

OF INTENT TO LEVY
CITY ATTORNEY City Attorney Guerra explained the need to draw straws in order to GUERRA determine who amongst Councilmembers Breceda, Garcia, and Ortiz could participate in discussing this item. Straws were drawn and it was determined that Councilmember Garcia may participate in the discussion.

COUNCILMEMBER At 6:53 p.m., Councilmember Breceda exited the Council Chambers.

BRECEDA
RESOLUTION NO. Resolution No. 2024-29-3506, entitled:
2024-29-3506
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER’S REPORT FOR FISCAL
YEAR 2024-2025 FOR MAINTENANCE, OPERATION, AND
CAPITAL REPLACEMENT OF THE CITY’S SANITATION AND

SEWERAGE SYSTEMS WITHIN THE SEWER MAINTENANCE

DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS
CENTER; DECLARING ITS INTENTION TO LEVY AND COLLECT

ASSESSMENTS WITHIN THE SEWER MAINTENANCE DISTRICT
FOR FISCAL YEAR 2024-2025; AND GIVING NOTICE OF A DAY

AND TIME FOR A PUBLIC HEARING ON THE LEVY OF THE
PROPOSED ASSESSMENTS,” and
RESOLUTION NO. Resolution No. 2024-28-3505, entitled:
2024-28-3505
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER’S REPORT FOR FISCAL
YEAR 2024-2025 FOR MAINTENANCE OF STREET LIGHTING

LOCATED WITHIN THE STREET LIGHTING MAINTENANCE
DISTRICT (THE IRWINDALE BUSINESS CENTER); DECLARING

ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN

THE STREET LIGHTING MAINTENANCE DISTRICT FOR THE
FISCAL YEAR 2024-2025; AND GIVING NOTICE OF A DAY AND

TIME FOR A PUBLIC HEARING ON THE LEVY OF THE
PROPOSED ASSESSMENTS,” were adopted on the motion of

CITY COUNCIL MINUTES MAY 8, 2024
REGULAR MEETING PAGE 5
Councilmember Garcia, seconded by Mayor Pro Tem Burrola, and unanimously approved; Councilmembers Breceda and Ortiz absent.

SPONTANEOUS

COMMUNICATIONS
FRED BARBOSA Fred Barbosa stated that residents were unhappy with the initiative process used in determining the zoning at the Reliance II site and said that residents would use an initiative process to reverse the change. He argued that the current zoning for the site would not permit for its highest and best use.

TAPIA FAMILY An email from the Tapia family was read into the record where they elaborated on the many benefits of the Recreation Department’s RockAbilities program and the joy it brings to many families.

NEW BUSINESS None.

PUBLIC HEARINGS None.

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

MIRANDA
1) May is “Mental Health Awareness Month” and the Library will be holding workshops on May 15 and 22 to address the topic. 2) Phase 2 of the Veterans’ Monument project is underway and includes landscaping, irrigation, hardscaping, fence installation, lighting, and other electrical work. It is anticipated to be completed toward the end of August.
3) He also discussed upcoming Recreation and Senior Center events and activities.

FUTURE AGENDA

ITEMS REQUESTED

BY COUNCIL MEMBERS
MAYOR AMBRIZ Mayor Ambriz requested that a Certificate of Recognition be presented to the Recreation Department to honor staff for its RockAbilities program.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:04 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

April 2024
Reference
Number Vendor Name Date Amount
ACH US Bank 4/8/2024 44,242.72
WFB-24 CJPIA Excess Pool 4/16/2024 3,715.51
Report Total: 47,958.23
Electronic Payments
April 1 - 30, 2024

Accounts Payable
User:

Printed:
imarin
5/22/2024 10:05 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
101591 CALIFO56 California State Disbursement Unit 05/02/2024 604.15 101592 CALIFO57 California State Disbursement Unit 05/02/2024 143.07 101593 FRANC06 Franchise Tax Board 05/02/2024 467.40
101594 LOSANG31 Los Angeles County Sheriff's Dept. 05/02/2024 217.48 101595 ALVARE02 Isabel Alvarez 05/02/2024 75.00
101596 AMBRIZ05 Albert Ambriz 05/02/2024 150.08
101597 AMERIFID American Fidelity Assurance 05/02/2024 9,790.28 101598 AMERIC34 American Fidelity Assurance Co 05/02/2024 5,767.30 101599 ARIAS01 Michael Arias 05/02/2024 1,016.05
101600 AT&T06 AT & T 05/02/2024 86.69
101601 CINGULAR AT & T Mobility 05/02/2024 1,753.98
101602 Ayala01 Leonor Ayala 05/02/2024 587.00
101603 BAUST01 Angel Bautista 05/02/2024 200.00
101604 BURROL08 Larry Burrola 05/02/2024 1,011.40
101605 CHARTE01 Charter Communications 05/02/2024 578.14 101606 CHARTE04 Charter Communicatons 05/02/2024 113.92 101607 CHICOR Richard Chico 05/02/2024 1,011.40
101608 COLLA01 Jennifer Collazo 05/02/2024 75.00
101609 DURANJ Jeanette Duran 05/02/2024 45.83
101610 DURAN06 Michelle Duran 05/02/2024 1,011.40
101611 ESPINO10 Iris Espino 05/02/2024 1,011.40
101612 EVANS02 Gloria Evans 05/02/2024 300.00
101613 FLORE01 Karla Flores 05/02/2024 840.00
101614 FRAIJO01 Paula Fraijo 05/02/2024 1,011.40
101615 FRONT01 Frontier Communications 05/02/2024 1,012.15 101616 FRYMARKM Maricela Frymark 05/02/2024 1,011.40
101617 HOMEDE Home Depot Credit Services 05/02/2024 747.71 101618 JONES03 Richard D Jones, A Professional Law Corporation 05/02/2024 401.74 101619 JOSE01 Christina Joseph 05/02/2024 200.00
101620 KELLY03 Justin Kelly 05/02/2024 1,011.40
101621 LEDEZMA Erica Ledezma 05/02/2024 3,120.00
101622 LUNA02 Manuel Luna 05/02/2024 3,024.66
101623 MAGA01 Juan Magana 05/02/2024 100.00
101624 PADILLAM Melissa Marez 05/02/2024 179.28
101625 MIRAND25 Blanche V. Miranda 05/02/2024 520.00
101626 MIRAN10 Julian Miranda 05/02/2024 724.30
101627 MUNO03 Lorraine Munoz 05/02/2024 7.50
101628 PALACI01 Joanna Palacios 05/02/2024 100.00
101629 PINK10 Pink Transfer, Inc. 05/02/2024 2,180.00
101630 RODRIG28 Joeseph Rodriguez II 05/02/2024 1,011.40 101631 ROMANC Carmen M. Roman 05/02/2024 1,011.40
101632 STAN01 Anita Stanchev 05/02/2024 450.00
101633 TACO01 Tacos El Pau 05/02/2024 1,533.00
101634 verizonw Verizon Wireless 05/02/2024 829.80
101635 WAGONER Pamela Wagoner 05/02/2024 845.00
101636 ZEPEDA03 Belen Zepeda 05/02/2024 1,011.40
101637 ZEPEDA07 Priscilla Zepeda 05/02/2024 334.26
AP Checks by Date - Summary by Check Number (5/22/2024 10:05 AM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
101638 ACUNA03 Luana Acuna 05/09/2024 131.65
101639 ALESHIRE Aleshire & Wynder, LLP 05/09/2024 30,823.81 101640 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 05/09/2024 198.00 101641 AZUSALW Azusa Light & Water 05/09/2024 618.24
101642 CALIFO02 California American Water 05/09/2024 2,172.40 101643 CHRISN01 Chris Nelson & Associates, Inc. 05/09/2024 10,657.50 101644 CONCE01 Concentra 05/09/2024 260.00
101645 DEPTOF02 County of LA Dept of Animal Care & Control05/09/2024 2,778.79 101646 DURATE01 DuraTech USA, Inc. 05/09/2024 24,463.84 101647 SOUTHE17 Golden State Water Company 05/09/2024 1,680.40 101648 GUEV01 Ludybeth Guevara 05/09/2024 75.00
101649 HOFFOR01 Christopher Hofford 05/09/2024 20.00
101650 OPTUM01 OptumRx, Inc. 05/09/2024 35,782.54
101651 PETTYC05 City of Irwindale-Admin Petty Cash 05/09/2024 472.31 101652 PETTYC02 City of Irwindale-Rec Petty Cash 05/09/2024 646.77 101653 GASCOM SoCalGas 05/09/2024 4,234.89
101654 TACO01 Tacos El Pau 05/09/2024 1,423.50
101655 VALLEY01 Valley County Water District 05/09/2024 7,434.35 101656 VISION01 Vision Service Plan - (CA) 05/09/2024 2,563.56 Report Total (66 checks): 175,672.32
AP Checks by Date - Summary by Check Number (5/22/2024 10:05 AM) Page 2

Accounts Payable
User:

Printed:
imarin
5/22/2024 10:05 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
101658 TITA01 72 Spirits Incorporated 05/22/2024 8,027.00 101659 ABSO01 Absolute Software, Inc 05/22/2024 2,614.82 101660 ACCO01 ACCO Engineering Systems 05/22/2024 2,556.00 101661 ALLCI01 All City Management Services, Inc 05/22/2024 947.20 101662 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 05/22/2024 198.00 101663 AMAZON1 Amazon Capital Services, Inc. 05/22/2024 1,051.59 101664 ARAM01 Aramark Uniform & Career Apparel Group, Inc 05/22/2024 300.44 101665 ATHENS Athens Services 05/22/2024 6,049.43
101666 B&BTIR B & B Tires Service 05/22/2024 45.00
101667 BAKER01 Baker & Taylor Books 05/22/2024 26.13
101668 MIJACA Balcon Holdings, Inc. 05/22/2024 184.00
101669 BILLST Bill's Truck Repair, Inc. 05/22/2024 651.34 101670 BRITEW BriteWorks, Inc. 05/22/2024 27,610.66
101671 CALI12 California Consulting Inc. 05/22/2024 4,500.00 101672 CHANDL Chandler's Air Conditioning & 05/22/2024 329.87 101673 CINTAS Cintas Corporation #693 05/22/2024 327.78 101674 BALDWI02 City of Baldwin Park 05/22/2024 175.00
101675 CONCE01 Concentra 05/22/2024 1,246.00
101676 COSTA01 Costar Realty Information, Inc. 05/22/2024 420.00 101677 CSG01 CSG Consultants 05/22/2024 5,075.00
101678 CWA01 CWA AIA, Inc 05/22/2024 38,024.90
101679 DELONG Delong Unlimited 05/22/2024 3,356.04
101680 DUDEK01 Dudek 05/22/2024 4,860.00
101681 ECORP01 ECORP Consulting, Inc. 05/22/2024 2,851.00 101682 BATE01 Elior Inc. 05/22/2024 4,477.00
101683 EDDCAS Employment Development Dept. 05/22/2024 4,351.00 101684 ENVIRO05 Environmental Science Associates (ESA) 05/22/2024 31,811.61 101685 FAST02 Fast Response On-Site Testing 05/22/2024 500.00 101686 FEDEX FedEx 05/22/2024 17.56
101687 FILLG01 Fill Good Landscaping 05/22/2024 400.00
101688 FWEP01 FWEP Aquisitioin Inc 05/22/2024 458.35
101689 GARDEN Garden View 05/22/2024 446.06
101690 GARVEY Garvey Equipment Co 05/22/2024 932.01
101691 GRAING Grainger 05/22/2024 4,312.66
101692 Harvey Harvey Consulting Group, Inc. 05/22/2024 4,000.00 101693 ILLINO01 Illinois Library Association 05/22/2024 484.06 101694 IMEG01 IMEG Consultants Corp. 05/22/2024 11,935.82 101695 IRWIND21 Irwindale Hand Wash & Auto Detail 05/22/2024 1,726.41 101696 ITERIS Iteris, Inc. 05/22/2024 1,225.00
101697 KAESER Kaeser & Blair 05/22/2024 2,100.68
101698 LANDSC Landscape Warehouse III Inc. 05/22/2024 191.75 101699 LEXISN LexisNexis Risk Solutions 05/22/2024 151.50 101700 LINN01 Deborah Linn 05/22/2024 2,062.50
101701 LSA01 LSA Associates, Inc. 05/22/2024 7,075.00
101702 MIDAS Manuel C Muratalla 05/22/2024 3,137.91
101703 MARIPO Mariposa Landscapes, Inc. 05/22/2024 13,051.72 101704 MCGRAT01 McGrath Rentcorp 05/22/2024 52,965.14
AP Checks by Date - Summary by Check Number (5/22/2024 10:05 AM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
101705 MONT02 Randall Buckley Montgomery 05/22/2024 343.00 101706 MORESE More Services 05/22/2024 275.00
101707 PEARSO01 NCS Pearson, Inc 05/22/2024 34.00
101708 NICH Nichols Local Governent 05/22/2024 2,400.00 101709 OFFICE03 ODP Business Solutions, LLC 05/22/2024 162.48 101710 ORKINP Orkin 05/22/2024 493.98
101711 PHASEII PARS 05/22/2024 1,750.00
101712 PERF03 Performance Elevator Contractors, Inc. 05/22/2024 380.00 101713 PITNEY06 Pitney Bowes, Inc 05/22/2024 375.39
101714 PARMA01 Public Agency Risk Managers 05/22/2024 300.00 101715 S&T01 S & T Contractors Services, Inc 05/22/2024 4,684.18 101716 SCMAF SCMAF 05/22/2024 145.00
101717 SIMG01 Simgel Co. Inc 05/22/2024 195,320.00
101718 SOUTH06 South Coast AQMD 05/22/2024 161.81
101719 SPRING Springbrook Software, Inc. 05/22/2024 31,047.08 101720 STATEO01 State Of California 05/22/2024 512.00
101721 SUNBEL02 Sunbelt Rentals 05/22/2024 301.01
101722 TAB01 TAB Products Co. LLC 05/22/2024 525.00
101723 VECTOR01 Vector Resources, Inc 05/22/2024 23,882.81 101724 WESTCO05 West Coast Arborists, Inc. 05/22/2024 18,508.05 101725 HDSUP01 WHITE CAP, L.P. 05/22/2024 72.13
101726 YTIRES Y Tire Sales 05/22/2024 30.00
101727 Z&Z01 Z & Z Associates 05/22/2024 310.00
101728 Z&K01 Z&K Consultants, Inc. 05/22/2024 65,344.00 Report Total (71 checks): 606,597.86
AP Checks by Date - Summary by Check Number (5/22/2024 10:05 AM) Page 2

Item #19.C.

Date: May 22, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Memorandum of Understanding with the Federal Bureau of Investigation for Training Facility Use
City Manager's Recommendation:

Approve the Memorandum of Understanding between the City of Irwindale and the Federal Bureau of Investigation.

Administrative Action:

Submitted/Prepared by:

Christopher P. Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

The newly-formed East San Gabriel Valley Special Weapons and Tactics team (ESGV SWAT), of which the Irwindale Police Department is a member, must have access to advanced training facilities in order to provide high level weapons and tactics training. Having access to multiple facilities gives team members access to a wider variety of training environments, equipment, and settings. As such, the Irwindale Police Department desires the ability to utilize the Federal Bureau of Investigation's (FBI) Jerry Crowe Regional Tactical Training Facility (El Toro Range) in Irvine, California to conduct high level weapons and tactics training. This FBI training facility has firing ranges up to one-thousand feet in depth, low-light training environments, and other advanced training environment options not available to team members elsewhere.

In order to utilize the FBI training facility, the Irwindale Police Department and the FBI desire to enter into the proposed Memorandum of Understanding (MOU). The MOU is a statement of the understanding between the parties of the tasks, methods, and obligations of both parties in allowing the Irwindale Police Department to utilize the facility. Therefore, staff recommends the approval of the proposed Memorandum of Understanding so that team members may have access to this local highlevel training facility, which is offered at no cost to the Irwindale Police Department.

Fiscal Impact:

This agreement will generate no negative impact to the General Fund as use of the training facility is offered to members of the Irwindale Police Department at no charge.

Attachments:

1. El_Toro_MOU_2024 2024-05-03 19_54_11

MEMORANDUM OF UNDERSTANDING
Between the
FEDERAL BUREAU OF INVESTIGATION and the IRWINDALE POLICE DEPARTMENT For Use of the

JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY
I. PARTIES
A. This Use Agreement is entered into by and between the Federal Bureau of Investigation (FBI) and the Irwindale Police Department.

II. AUTHORITIES
A. Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533; 38 U.S.C. § 10211; and 28 C.F.R. § 0.85. The authority for the Irwindale Police Department to enter into this agreement can be found at Article IV, Section 906 of the Charter of the City of Irwindale.

III. PURPOSE
A. The purpose of this Memorandum of Understanding (MOU) is to define the terms of use by the Irwindale Police Department of the Jerry Crowe Regional Tactical Training Facility (JCRTTF) in Orange County, California. The Irwindale Police Department has requested use of the JCRTTF to conduct training for its personnel. The FBI operates the JCRTTF and agrees to allow the Irwindale Police Department to use the JCRTTF for training purposes on a cost-free basis.

B. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, their parent agencies, the United States, or the officers, employees, agents or other associated personnel thereof.

C. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein.

Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such

expenditures.

IV. RESPONSIBILITIES
A. The FBI has the exclusive responsibility of managing and administrating the use of the JCRTTF.

B. Through this agreement, the FBI permits the Irwindale Police Department to use the JCRTTF on an "as available basis" as determined solely by the FBI.

C. The Irwindale Police Department will ensure that its employees while using the JCRTTF are both legally and medically qualified according to Irwindale Police Department standards to perform firearms training.

D. The Irwindale Police Department shall ensure that an agency qualified firearms instructor (and/or range master) is present on the firearms range at all times during firearms use. No training shall commence until authorized by the on-site FBI firearms instructor.

E. The Irwindale Police Department shall abide by all FBI range safety protocols.

The FBI retains to right to immediately stop any Irwindale Police Department training at the JCRTTF that the FBI determines to be unsafe or hazardous to the environment.

F. The Irwindale Police Department shall keep a record of all ammunition, including type and quantity, discharged at the facility. The Irwindale Police Department shall provide a copy of this record to the FBI at the conclusion of each training day.

G. The Irwindale Police Department agrees to be responsible for any damage to JCRTTF facilities caused by any act or omission on the part of Irwindale Police Department employees.

V. LIABILITY
A. The Irwindale Police Department acknowledges that financial and civil liability, if any, for the acts and omissions of its employees remains vested with Irwindale Police Department.

B. To the extent permissible by law, the Irwindale Police Department agrees to release and discharge the FBI, its personnel, agents, and employees, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the Irwindale Police Department's use of the JCRTTF to conduct its training.

C. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671 - 2680.

VI. DURATION
A. The term of the MOU shall be for three years. The MOU may be terminated at will by any party, provided written notice is provided to the other parties of not less than thirty (30) days.

VII. AMENDMENTS
A. This agreement may be amended only by mutual written consent of the parties.

The modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of the FBI and the Irwindale Police Department
VIII. EFFECTIVE DATE
A. This MOU shall be effective on the date of the last signature.

IX. POINTS OF CONTACT
A. Special Agent Gabriel Marriott
Federal Bureau of Investigation
One Magazine Road, Irvine, California 92618
Cell: (310) 496-9921
Email: [email protected]
B. Corporal Jaycon Sanchez
Irwindale Police Department
5050 N. Irwindale Avenue, Irwindale, CA 91706
Office: (626) 430-2244
Cell: (425) 410-5073
Email: [email protected]

SIGNATORIES:
____________________________________ Date: _________________________ Christopher P. Hofford
Chief of Police
Irwindale Police Department
5050 N. Irwindale Ave., Irwindale, CA 91706
____________________________________ Date: _________________________ Joshua J. Murphy
Special Agent in Charge
Los Angeles Field Office
Federal Bureau of Investigation

Item #21.A.

Date: May 22, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy for a term expiring December 31, 2025
City Manager's Recommendation:

Adopt Resolution No. 2024-30-3507 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPOINTING A MEMBER TO THE PLANNING COMMISSION OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY FOR A TERM EXPIRING DECEMBER 31, 2025" reading by title only and waiving further reading thereof.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura M. 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 Wednesday, March 6, 2024, the City of Irwindale learned of the untimely passing of Planning Commissioner David "Chico" Fuentes, which subsequently created an unscheduled vacancy on the Planning Commission for the remainder of former Chair Fuentes' term, which expires on December 31, 2025.

California Government Code 54974 (a) states, “Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Website or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.” On Tuesday, March 26, 2024, the City Clerk's office posted a Notice of Unscheduled Vacancy for the Planning Commission at City Hall, the Irwindale Library, and Post Office, and sent a Citywide mailer to all residents advertising the vacancy. The deadline for submission of applications was Wednesday, April 17, 2024, at 6:00 p.m.

The Irwindale Municipal Code (IMC) Section 2.32.020 (E) states, "Vacancies to the commission shall be filled by the council in the same manner as new appointments are made, except that such an appointee shall serve only for the unexpired term of the person whose seat he/she has been appointed to." The following individuals timely submitted applications for consideration of appointment and are listed below in order of date received:

Teresa Ortiz
Melissa Carlson
Marguerite Lopez-Sapien
Joseph Tapia
Nathan Romero
Dominique A. Reyes
Casey J. Miranda
Resolution No. 2020-60-3220 states that the City Clerk's office shall accept late applications for the vacancy until one week prior to the meeting at which the commission appointment is made (Wednesday, May 15, 2024). There were no late applications received.

IMC Section 2.32.020 (A) provides the process by which an appointment is made to the Planning

Commission, by the City Council. The first nomination to fill a vacancy shall be made by the mayor. If the first nominee fails to receive three affirmative votes of the city council, subsequent nominations may be made by any member of the city council, excluding the mayor. In the event no nominee receives three affirmative votes, after all members of the city council have made a nomination, the mayor may then make another nomination, followed by all members of the city council. Nominations shall continue to be made in such order (mayor first, remaining councilmembers next) until a nominee is approved by three affirmative votes. The first nominee to be approved by not less than three members of the city council evidenced by a resolution duly introduced and passed by not less than three affirmative votes thereon shall be appointed to the commission.

It would now be appropriate for the City Council to consider the applications included with this staff report and make an appointment to fill the unscheduled vacancy on the Planning Commission for a term expiring December 31, 2025, or provide other direction to staff.

Fiscal Impact:

There is no fiscal impact associated with this action. The stipend paid to Commissioners has previously been budgeted.

Attachments:

1. Proposed Resolution - Unscheduled PC Vacancy

2. PC Applications - Unscheduled Vacancy

Resolution No. 2024-30-3507

RESOLUTION NO. 2024-30-3507

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPOINTING A MEMBER TO THE PARKS & RECREATION

COMMISSION OF THE CITY OF IRWINDALE TO FILL

AN UNSCHEDULED VACANCY

THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Pursuant to Irwindale Municipal Code Section 2.32.020, the following person is appointed to the Planning Commission of the City of Irwindale, to fill an unscheduled vacancy with a term expiring December 31, 2025.
______________________
Section 2. The Chief Deputy City Clerk shall certify to the adoption of this Resolution and shall transmit a certified copy thereof to the newly appointed member.

PASSED, APPROVED, and ADOPTED this ____ day of ________, 2024. _________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-30-3507

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-30-3507 was adopted at a regular meeting of the Irwindale City Council held on the ____ day of ________2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Item #21.B.

Date: May 22, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consolidation and Update of Irwindale Municipal Code Sections Regarding the City's Boards and Commissions
City Manager's Recommendation:

That the City Council introduce for first reading by title only with further reading waived Ordinance No. 777 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING CHAPTERS 2.28 (PARKS & RECREATION COMMISSION, 2.32 (PLANNING COMMISSION), 2.56 (SENIOR CITIZEN COMMISSION), AND 2.60 (YOUTH COMMISSION) AND ADOPTING CHAPTER 2.30 (CITY COMMISSIONS) WITHIN TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE IRWINDALE MUNICIPAL

CODE TO CONSOLIDATE AND ESTABLISH UNIFORMITY AMONG ALL BOARDS AND COMMISSIONS ESTABLISHED BY THE CITY OF IRWINDALE", or provide other 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:

The City of Irwindale has four (4) boards and commissions: Parks & Recreation, Planning, Senior Citizen and Youth. The policies and procedures governing these commissions are found in the Irwindale Municipal Code (IMC) within Title 2 (Administration and Personnel) in four (4) separate chapters, one for each commission.

Staff has reviewed each existing chapter of the IMC related to Boards and Commissions, and has consolidated them into one cohesive ordinance. Proposed Ordinance No. 777 would establish uniformity among the Boards and Commissions so that the procedures and processes of each commission are easier for the residents, staff, and City officials to understand and administer.

Ordinance No. 777 would:
• Consolidate the current four chapters into a new, single chapter of the IMC related to Boards and Commissions
• Identify the purpose and duties of each Board and Commission • Establish the number of members for each Board and Commission • Clarify eligibility requirements
• Designate conditions of appointment for commissioners (Irwindale resident, registered voter, age for Senior & Youth, etc)
• Specify excused and unexcused absences
• Provide the roles and responsibilities of the Chair and Vice Chair It would now be appropriate for the City Council to consider introducing proposed Ordinance No. 777 for first reading, or provide other direction to staff.

Fiscal Impact:

None
Attachments:

1. Proposed Ordinance No. 777

01005.0001/973450.7
ORDINANCE NO. 777

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE REPEALING CHAPTERS 2.28 (PARKS &
RECREATION COMMISSION, 2.32 (PLANNING
COMMISSION), 2.56 (SENIOR CITIZEN COMMISSION),
AND 2.60 (YOUTH COMMISSION) AND ADOPTING
CHAPTER 2.30 (CITY COMMISSIONS) WITHIN TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE

IRWINDALE MUNICIPAL CODE TO CONSOLIDATE AND

ESTABLISH UNIFORMITY AMONG ALL BOARDS AND

COMMISSIONS ESTABLISHED BY THE CITY OF

IRWINDALE
WHEREAS, the City of Irwindale has four boards and commissions to the City Council; and
WHEREAS, each board and commission is governed by its own set of procedures or processes in separate sections of the Irwindale Municipal Code; and WHEREAS, the City Council desires to consolidate each of these sections, which are sometimes inconsistent, and establish uniformity so that the procedures and processes of each commission are easier for the public, staff, and City officials to understand and administer.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN:

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

SECTION 2. Chapter 2.28 (Parks & Recreation Commission) of Title 2 (Administration and Personnel) of the Irwindale Municipal Code is hereby repealed in its entirety.

SECTION 3. Chapter 2.32 (Planning Commission) of Title 2 (Administration and Personnel) of the Irwindale Municipal Code is hereby repealed in its entirety.

SECTION 4. Chapter 2.56 (Senior Citizen Commission) of Title 2 (Administration and Personnel) of the Irwindale Municipal Code is hereby repealed in its entirety.

SECTION 5. Chapter 2.60 (Youth Commission) of Title 2 (Administration and Personnel) of the Irwindale Municipal Code is hereby repealed in its entirety.

SECTION 6. The City Council hereby adopts Chapter 2.30 (City Boards and Commissions) of Title 2 (Administration and Personnel) of the Irwindale Municipal Code in its entirety as follows:

01005.0001/973450.7
“Chapter 2.30

CITY BOARDS AND COMMISSIONS

2.30.010 Establishment of City Boards and Commissions

2.30.020 Purpose & Duties of Each City Board and Commission

2.30.030 Membership

2.30.040 Eligibility

2.30.050 Appointment Process

2.30.060 Conditions of Appointment

2.30.070 Term of Office

2.30.080 Removal

2.30.090 Vacation of Position Due to Multiple Absences

2.30.100 Officers

2.30.110 Meetings

2.30.120 Rules and Regulations

2.30.130 Staff Support

2.30.140 Compensation
Section 2.30.010 Establishment of City Boards and Commissions The following City boards and commissions are hereby created and established under this Chapter:
(1) The Irwindale Parks and Recreation Commission; and
(2) The Irwindale Planning Commission; and
(3) The Irwindale Senior Citizen Commission; and
(4) The Irwindale Youth Commission.

Section 2.30.020 Purpose and Duties of Each City Board and Commission (1) The Parks & Recreation Commission shall have the power and duty to:
(A) Act in advisory capacity to the city council in all matters pertaining to parks & community recreation;
(B) Assist the city council and city manager, or his/her designee, in the planning of parks & recreation programs for the inhabitants of the city, promote and stimulate public interest therein, and solicit cooperation of

01005.0001/973450.7
school authorities and other public and private agencies interested therein;
(C)Assist and make recommendations to the city council and city manager, or his/her designee for the implementation and enforcement of all ordinances of the city relating to parks and recreation; (D)Consider the annual budget for parks and recreation during the process of its preparation and make recommendations with respect thereto to the city council and city manager, or his/her designee; (E) Perform such other duties not inconsistent with this chapter as may be prescribed by the city council.
(2) The Planning Commission shall have the power and duty to:
(A) Perform the duties and exercise all the rights, powers, and privileges specified and provided for in this chapter and by state law; (B) Make advisory decisions and recommendations to the city council in the legislative matters of amending zone boundaries or use classifications or other matters established by any ordinance of the city and state law. (3) The Senior Citizen Commission shall have the power and duty to:
(A) Act in an advisory capacity to the city council and city manager, or his/her designee in all matters pertaining to the senior citizens of the community;
(B) Assist the city council and city manager, or his/her designee, in the planning of senior citizen programs for residents of the city, promote and stimulate public interest therein, and solicit the cooperation of public and private agencies interested therein;
(C)Assist and make recommendations to the city council and city manager, or his/her designee, for the implementation and enforcement of all ordinances and programs of the city relating to the city’s senior citizens; (D)Consider the annual budget for senior citizen programs during the process of its preparation and make recommendations with respect thereto to the city council and city manager, or his/her designee; (E) Perform such other duties not inconsistent with this ordinance as may be prescribed by the city council.

01005.0001/973450.7
(4) The Youth Commission shall have the power and duty to:
(A) Act in an advisory capacity to the parks and recreation department in all matters pertaining to the youth of the community;
(B) Assist the parks and recreation department staff in the planning of youth programs for residents of the city, promote and stimulate public interest therein, and solicit the cooperation of school authorities and other public and private agencies interested therein;
(C)Assist and make recommendations to the parks and recreation department for the implementation and enforcement of all ordinances and programs of the city relating to the city’s youth;
(D)Perform other such duties not inconsistent with this ordinance as may be prescribed by the city council.

Section 2.30.030 Membership
Each board and commission established by this chapter 2.30 shall be comprised of five voting members appointed by the City Council, as set forth in Section 2.30.050.

Section 2.30.040 Eligibility
(1) The following requirements for eligibility shall apply to all boards and commissions established by the Chapter except as otherwise specified in this Chapter:
(A) Each member is required to be a resident of the City of Irwindale; (B) Except for members of the Youth Commission, each member shall be at least 18 years old;
(C)Except for members of the Youth Commission, each member shall be a registered, qualified voter of the City of Irwindale;
(D)No person who holds office in the city government or who is employed by the city shall be appointed to any board or commission; (E) During the term of appointment, if such appointed member ceases to reside within the city, the appointment of such member shall be deemed to have been terminated.

01005.0001/973450.7
(2) The following additional eligibility requirements shall apply with respect to the following boards and commissions:
(A) With respect to the Senior Citizen Commission, each member shall also be:
(i) At least 50 years of age.
(B) With respect to the Youth Commission, each member shall also be:
(i) A high school student grade ten through twelve, maintaining a grade point average of 2.5 or higher with proof to be presented at the time of application and to be verified at the close of each school year.

Section 2.30.050 Appointment
(1) Each member of a City board or commission shall be nominated to fill a position on the commission. The first nomination to fill a vacancy shall be made by the mayor. If the first nominee fails to receive three affirmative votes of the city council, subsequent nominations may be made by any member of the city council, excluding the mayor. In the event no nominee receives three affirmative votes, after all members of the city council have made a nomination, the mayor may then make another nomination, followed by all members of the city council.

Nominations shall continue to be made in such order (mayor first, remaining councilmembers next) until a nominee is approved by three affirmative votes. The first nominee to be approved by not less than three members of the city council evidenced by a resolution duly introduced and passed by not less than three affirmative votes thereon shall be appointed to the commission. (2) Pursuant to this Chapter and Government Code Sections 54974 and 65100 through 65101, the following procedures shall be employed in filling vacancies on the boards and commissions:
(A) The city clerk shall prepare a list of all regular and ongoing citizen boards and commissions and committees, which are appointed by the city council, on or before December 31st of each year.
(B) If vacancies occur otherwise than by expiration of the term, the vacancy shall be filled by appointment to the unexpired term in the same fashion as the original appointment of members.
(C)Whenever a vacancy occurs, the city clerk shall post notice within twenty days. Final appointment shall not be made by the city council for at least ten days after the posting of notice.

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(3) Notwithstanding subsection (2) of this subsection, the city council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. Such emergency appointments shall be made by the majority of the city council. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
(4) Members of any board or commission shall notify the city clerk of their declared vacancy pursuant to the provisions of this code or state law. The city clerk shall in turn advise the city council of such notifications.
(5) The city council may provide by resolution any additional procedures necessary for appointments.

Section 2.30.060 Conditions of Appointment
(1) All board and commission members shall comply with the following:
(A) All members of boards and commissions shall take an oath of office administered by the mayor or city clerk.
(B) All members shall complete ethics training within 60 days upon assuming office and every two years thereafter as required under Government Code Section 53235, as amended.
(C) Members of the Planning Commission shall file with the city clerk a statement of economic interest set forth by the Fair Political Practices Commission upon assuming office, leaving office, and on an annual basis to the extent of the Irwindale conflict of interest code defined for the Planning Commission.

Section 2.30.070 Term of Office
(1) The following terms of office shall apply, except as otherwise specified in this Chapter:
(A) For the Parks and Recreation and Senior Citizen Commissions, members appointed shall serve staggered terms of three (3) years. (B) For the Planning Commission, members appointed shall serve staggered terms of four (4) years.
(2) Each appointment shall expire on December 31st of the year of expiration of the individual member’s term. However, after the expiration of a term, a member may continue to serve until the member’s successor qualifies and is appointed by the City Council. In such case that the successor’s term does not

01005.0001/973450.7
commence on January 1st, the successor shall not be entitled to any additional time to be added to his or her term.
(3) The following additional requirements shall apply with respect to the following boards and commissions:
(A) With respect to the Youth Commission:
(i) Each member shall be nominated and appointed to fill a position at the first regular meeting of the city council in October of each year, pursuant to the procedures for appointment outlined in Section

2.30.050.
(ii) Members appointed shall serve for staggered terms of two (2) years, terminating at 12:01 a.m. on the date of the second regular city council meeting held in September of the year of expiration of the term, or, if not, by September 30 of that year.

Section 2.30.080 Removal
Board or commission members may be removed with or without cause, by a majority vote of the city council at any time. No prior notice needs to be given to any commissioner that the city council intends to take such action nor does the city council need to provide any statement of its reasons for taking such action.

Section 2.30.090 Vacation of Position Due to Multiple Absences (1) It shall be the obligation of board and commission members to attend all meetings, whether regular or special, except for good cause such as illness, family emergency, or schedule conflicts.
(2) Unexcused absence from a majority portion of three successive regular meetings shall be deemed a resignation.
(3) If a board or commission member knows he or she will be unable to attend a meeting of the board or commission, the member, or his / her designee must notify the Director who oversees the respective commission or the Secretary/Clerk of the Board prior to the time established for commencement of the meeting. The member, or his/her designee, must generally provide an explanation for his or her absence. At the beginning of the board or commission meeting, Director of the commission or the Secretary/Clerk of the Board shall inform the commission of the reason for the absence of any commissioner, and the commission shall determine whether such absence is excused or unexcused.

01005.0001/973450.7
(4) The following circumstances shall automatically be deemed an unexcused absence:
(A) Failure by any board or commission member, or his/her designee to notify the Director who oversees the respective commission or the Secretary / Clerk of the Board prior to the time established for commencement of the meeting of the member’s absence.

Section 2.30.100 Officers
(1) As soon as practicable following the first of January of each year, the board or commission shall elect from the appointive members a chairperson and vice chairperson to serve as such at the pleasure of the commission. (2) The chairperson and vice chairperson may serve successive terms. (3) Duties of Chairperson:
(A) The chairperson shall preside at all regular and special meetings of the board or commission
(B) The chairperson shall perform other such duties as established by this chapter, as designated by the majority of the board or commission and as are normally incident to such office.
(4) Duties of Vice Chairperson:
(A) The vice chair person shall perform the duties of the chairperson during the chairperson’s absence or otherwise when needed.
(5) The following additional requirements shall apply with respect to the following boards and commissions:
(A) With respect to the Planning Commission:
(i) As soon as practicable following the first of January of each year, the board or commission shall appoint a secretary to serve as such at the pleasure of the commission. The secretary need not be a member of the commission.
(B) With respect to the Youth Commission:
(i) At the first youth commission meeting following the meeting at which appointments are made by the city council, the commission

01005.0001/973450.7
shall elect from the appointive members a chairperson and vice chairperson to serve as such at the pleasure of the commission.

Section 2.30.110 Meetings
(1) The boards and commissions shall hold regular meetings at least once a month at such time or times as it prescribes and may hold such special meetings as it may desire, in accordance with the Brown Act.
(2) The following additional requirements shall apply with respect to the following boards and commissions:
(A) With respect to the Planning Commission:
(i) There shall be only one regular meeting of the planning commission during each calendar month, which shall be held at the time fixed by resolution of the planning commission. In the event such meeting date falls on a holiday, said regular meeting shall be held at the same hour as the regular meeting but on the next succeeding day which is not a holiday. Any such regular meeting may be adjourned from time to time.

Section 2.30.120 Rules and Regulations
(1) All commissions established by this Chapter 2.30 are declared to be subject to the provisions of the Ralph M. Brown Act contained in the California Government Code or any amendments thereto, adhering to open meetings with public comment.
(2) A majority of the members shall constitute a quorum for the purpose of transacting the business of the commission.
(3) The Planning Commission shall adopt rules for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations.
(4) Additional rules and regulations may be adopted by resolution of the city council.

Section 2.30.130 Staff Support
The city manager shall provide staff support for the facilitation of meetings, preparation and distribution of the agenda and minutes, and for each board and commission to carry out its duties and powers.

01005.0001/973450.7
Section 2.30.140 Compensation and Expenses
(1) Each member of the Parks and Recreation commission shall receive the sum of one hundred seventy-five dollars for each regular meeting of the parks and recreation commission actually attended by each such commissioner, not to exceed a maximum of one hundred seventy-five dollars per month. (2) Each member of the Planning Commission shall receive the sum of two hundred dollars for each regular meeting of the Planning Commission actually attended by each such commissioner, not to exceed a maximum of two hundred dollars per month.
(3) Each commissioner may receive reasonable travel, subsistence, lodging and incidental expenses incurred for attendance at conferences and actual and necessary expenses incurred by commissioners in the performance of their official duties. All expense reimbursements shall be made in accordance with policies and procedures established therefor by the city council and shall be approved by the city council.
(4) The following additional requirements shall apply with respect to the following boards and commissions:
(A) With respect to the Senior Citizen Commission:
(i) Each member of the Senior Citizen Commission shall receive the sum of one hundred dollars for each regular meeting of the senior citizen commission actually attended by each such
commissioner, not to exceed a maximum of one hundred dollars per month. The commissioners shall not be entitled to any additional compensation or benefits of any kind or reimbursement of any expenses beyond such one hundred dollar monthly sum. (B) With respect to the Youth Commission:
(i) Members of the Youth Commission shall serve without compensation but shall be reimbursed for any necessary
traveling expenses and other expenses incurred on official duty when such expenses have been authorized by the city council.” SECTION 7. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section,

01005.0001/973450.7
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 8. The Mayor shall sign this Ordinance and the Chief Deputy City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted according to law. This Ordinance shall take effect 30 days after its final passage
PASSED, APPROVED, AND ADOPTED this ____day of _______ 2024. ___________________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0001/973450.7
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. 777 was introduced at a regular meeting of the City Council of the City of Irwindale held on the _____day of ______ 2024, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the ____ day of ______ 2024, by the following 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. 777, adopted by the City Council of the City of Irwindale at its regular meeting held _____________ to be posted at the City Hall, Library, and Post Office on _________________. ___________________________ Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS MAY 8, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:04 P.M.

The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz

Absent: Councilmember H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Councilmember Garcia, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Ortiz absent.

ITEM NO. 27A MINUTES OF THE REGULAR MEETING HELD APRIL 24, 2024

MINUTES OF THE
REGULAR MEETING The minutes of the regular meeting held April 24, 2024, were HELD APRIL 24, 2024 approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
FRED BARBOSA Fred Barbosa asked whether Councilmember Breceda may participate in discussing housing matters, to which City Attorney Guerra advised that the concern would need to be addressed on a case by case basis. Mr. Barbosa asked whether Councilmember Breceda may discuss the 45-year covenant provision under the Housing Authority’s housing purchase and/or rehabilitation programs, to which City Attorney Guerra noted that any change to the programs’ policies would not specifically address his property and, as such, he would probably be able to participate in discussing the matter.

SUCCESSOR AGENCY MINUTES MAY 8, 2024
REGULAR MEETING PAGE 2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:07 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS MAY 8, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:07 P.M.

The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.

ROLL CALL: Present: Board Members Mark A. Breceda; Manuel R. Garcia, Vice Chair Larry G. Burrola; Chair Albert F. Ambriz

Absent: Board Member H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION A motion was made by Vice Chair Burrola, seconded by Board Member Breceda, to approve the Consent Calendar. The motion was unanimously approved; Board Member Ortiz absent.

ITEM NO. 33A MINUTES OF THE REGULAR MEETING HELD APRIL 24, 2024

MINUTES OF THE
REGULAR MEETING The minutes of the regular meeting held April 24, 2024, were HELD APRIL 24, 2024 approved as presented.

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:07 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary

Item #33.B.

Date: May 22, 2024
To: Honorable Chair and Members of the Housing Authority Board From: Fernando Lopez, Housing Coordinator
Issue: Acquisition of 16154 -16158 Arrow Highway, Irwindale CA City Manager's Recommendation:

Staff recommends that the Housing Authority Board adopt HA Resolution No. 2024-06-144: "A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY APPROVING THE ACQUISITION OF 16154 - 16158 ARROW HIGHWAY, IRWINDALE, CALIFORNIA, AUTHORIZING THE HOUSING COORDINATOR TO

EXECUTE THE PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS, AND APPROVING THE APPROPRIATION OF FUNDS FROM LOW AND MODERATE INCOME HOUSING FUND 12" Administrative Action:

Submitted / Prepared by:

Fernando Lopez, Housing Coordinator
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer

Approved by:

Fernando Lopez, Housing Coordinator
Background and Analysis:

PROPERTY BACKGROUND: 16154-16158 Arrow Highway is a commercial property that had been listed for sale by a Real Estate sales company. The Property is held in a family trust created by Rudolfo and Sara Dominguez (“Original Owners”) who had operated a Construction company, vehicle and contractor yard business on the Property which has not been used for many years. The Original Owners are deceased. The Property currently has no occupants although there is a deteriorated structure and miscellaneous discarded items from the prior business operations.

As a result, City staff received authorization from the Housing Authority Board to make contact with the listing Realtor representing the sellers and begin negotiations.

The Authority is required to utilize its Low and Moderate Income Housing Funds to facilitate the development of affordable housing to be made available to very low, low, and moderate income households. Due to its location on a major City thoroughfare and its close proximity to the City’s Civic Center, the property could be better utilized for the development of Affordable Housing. The California Department of Housing and Community Development (HCD) along with Los Angeles County Officials have identified the urgent need for Affordable Housing Development throughout the state. The Housing Authority intends to utilize its Low and Moderate Income Housing Funds to purchase the Property for the site to be developed into affordable housing in the future.

The City had previously expressed interest in the property and had Converse Consultants conduct a Phase I and a limited Phase II environmental report on the Property which indicated the presence of asbestos and lead based paint at the property. Thus, as part of the purchase and sale agreement, the City is required to retain a third party expert to complete a full due diligence report on the Property.

APPRAISAL: The City had previously obtained an Appraisal Report from R. P Laurian & Associates effective as of May 23, 2023, which valued the Property at $1,367,000.

BROKER REPRESENTATION: IHA was represented by Christopher Beck of Newmark firm pursuant to a Buyer Agency Agreement (“IHA Broker”) who will be paid as the selling broker from the Seller’s broker, Ryan Campbell, NAI Capital Investment Services Group.

PSA: IHA and Seller have negotiated the PSA which contains the following terms.

• Purchase Price: $1,350,000
• Deposit: $50,000
• Escrow: Commerce Escrow Company

• Title Insurance:
• Insurer: First American Title Insurance Company
• Title Policy: An ALTA (non-extended) owner’s title policy to be issued to IHA closing with exceptions approved by IHA.
• Due Diligence Period: 60 days from IHA’s receipt of all required information from Seller with right to extend for 7 days if necessary to obtain a Phase II environmental report based on recommendation in Phase I report. IHA has duty to promptly order Phase I report. • Close of Escrow: 30 days after expiration of due diligence period. • Limited Seller Representations & Warranties: Seller (being only trustees and successors of Original Owners who are deceased) are only making limited representations and warranties.

IHA will basically acquire the Property in AS-IS condition. • Costs: IHA shall pay the cost of the title insurance policy and all escrow charges. • Liquidated Damage Clause: IHA has the right to terminate the PSA with the Deposit returned if it disapproves the Property prior to the end of the Due Diligence Period. If IHA elects to not purchase the Property after that period has expired it may do so but will technically be in breach of the PSA and will forfeit the Deposit ($50,000) to the Seller pursuant to a liquidated damage clause which means that the maximum liability for breach is $50,000. •
Housing Coordinator Authority: The PSA provides authority for the Housing Coordinator to execute all documents to implement the transaction including authority to make modifications or amendments including extensions of time, upon approval as to form from the Authority Counsel.

Fiscal Impact:

The total cost for Irwindale Housing Authority (IHA) to acquire the property listed at 16154-16158 Arrow Highway plus the escrow fees is $1,400,000 ($1,350,000 + $50,000). Additionally, $25,026 will be needed to retain Converse Consultants, a third party expert, for Phase I report, and if applicable, Phase II report, and any other additional due diligence work needed as reasonably determined by Staff.

The adoption of Resolution No. HA- 2024-06-144 authorizes the Finance Director to: 1) transfer $1,425,026 from IHA's Local Agency Investment Fund (LAIF) account to Low/Mod Housing Asset Fund No. 12, 2) Amend IHA fiscal year 2023-2024 adopted budget to appropriate these costs in corresponding accounts, and 2) release the money to escrow for acquisition.

Attachments:

1. (IHA) Resolution approving purchase of arrow highway property(983914.1)

2. 16154-16158 ArrowHighway- Sellers signed PSA

01005.0013/983914.1
RESOLUTION NO. HA 2024-06-144

A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY APPROVING THE ACQUISITION OF 16154 -16158 ARROW HIGHWAY, IRWINDALE CA

AUTHORIZING THE HOUSING COORDINATOR TO EXECUTE THE

PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS, AND

APPROVING THE APPROPRIATION OF FUNDS FROM LOW AND
MODERATE INCOME HOUSING FUND 12
WHEREAS, the Irwindale Housing Authority (“Authority”) is established to provide suitable, safe and sanitary housing opportunities for Irwindale residents; and WHEREAS, the Authority is required to utilize its Low and Moderate Income Housing Funds to facilitate the development of affordable housing to be made available to very low, low, and moderate income households; and
WHEREAS, in furtherance of this purpose, the Authority identified a vacant commercial property located on 16154-16158 Arrow Highway in Irwindale (“Property”) which, due to its location on a major City thoroughfare and close proximity to the City’s Civic Center could be better utilized for the development of affordable housing; and WHEREAS, Authority staff negotiated a Purchase and Sale Agreement with the property owner for the sale of the Property to the Authority for $1,350,000 based on a May 23, 2023 appraisal report, which valued the Property at $1,367,000; and WHEREAS, the Authority desires to purchase the Property in the amount of $1,400,000 ($1,350,000 (property) + $50,000 (escrow fees)) for the purposes of developing the Property into affordable housing to be made available to very low, low, and moderate income households;
WHEREAS, the Authority desires to engage Converse Consultants, a third party expert, for $25,026 for Phase I report, and if applicable, Phase II report, and any other due diligence work needed as reasonably determined by Staff; and WHEREAS, the Authority has sufficient funds to acquire the Property including escrow fees, engage the services of the Consultant, and authorizes the Finance Director to transfer $1,425,026 from Authority’s funds in Local Agency Investment Fund (LAIF) account to Low Mod Housing Asset Fund No. 12, amend Authority’s fiscal year 2023-2024 adopted budget by appropriating these costs into proper accounts, and transfer the money to escrow for the acquisition.

NOW, THEREFORE, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions, attached hereto as Exhibit “A” is hereby approved and the Housing

01005.0013/983914.1
Coordinator is authorized and directed to execute all documents pertinent and necessary to acquire the Property subject to approval as to form by the Authority Counsel.

SECTION 2. The Board of the Authority authorizes the Housing Coordinator to retain Converse Consultants for $25,026 to conduct due diligence on the Property, including a Phase I and Phase II report, if necessary, and any other additional due diligence work needed as reasonably determined by Staff.

SECTION 3. The Board of the Authority hereby authorizes Finance Director to transfer $1,425,026 ($1,350,000 (property) + $50,000 (escrow fees) + $25,026 (consultant fees)) from Authority’s Local Agency Investment Fund (LAIF) account to Low/Mod Housing Asset Fund No. 12, amend Authority’s fiscal year 2023-2024 adopted budget by appropriating these costs into proper accounts, and transfer the money to escrow for the acquisition.

SECTION 4. The Authority Assistant Secretary shall certify to the passage and adoption of this Resolution, and the same shall thereupon take effect and be in force.

PASSED, APPROVED, AND ADOPTED this 22nd day of May 2024. ________________________________
Albert F. Ambriz, Chair
ATTEST:
_________________________
Laura M. Nieto, CMC
Authority Assistant Secretary

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Assistant Secretary of the Irwindale Housing Authority, do hereby certify that the foregoing Resolution No. HA 2024-06-144 was adopted at a special meeting of the Housing Authority held on May 22, 2024, by the following vote:

AYES: Authority Members:

01005.0013/983914.1
NOES: Authority Members:

ABSENT: Authority Members:

ABSTAIN: Authority Members:
_______________________________
Laura M. Nieto, CMC
Authority Assistant Secretary