Agenda packet — Irwindale City Council, June 12, 2024 (part 2 of 3)

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Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

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

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may

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withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

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

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

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706t and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

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

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

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

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

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

Consultant’s Authorized Initials _______

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

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

CITY:

CITY OF IRWINDALE, a municipal corporation
Julian Miranda, City Manager
ATTEST:

Laura Nieto, City Clerk
APPROVED AS TO FORM:

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

Willdan Financial Services
By:

Name: Chris Fisher
Title:

By:

Name:

Title:

Address:
27368 Via Industria
Suite 200
Temecula, CA 92590
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01005.0007/988680.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Form a Community Facilities District (CFD), in conjunction with IBC North, to fund the annual maintenance associated with a project-specific sewer line. The district would form the basis for a CFD and would ensure that the IBC North project provides revenue to help fund City services, as more fully set forth in Consultant’s Cost Engineering and CFD formation services proposal, attached as Exhibit “A-1,” and incorporated herein by this reference.

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

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01005.0007/988680.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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C-1
01005.0007/988680.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates as set forth in Exhibit “A-1”
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed $ 47,500, as provided in Section 2.1 of this Agreement.

VI. Consultant’s billing rates for all personnel are attached as Exhibit A-1.

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D-1
01005.0007/988680.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule as set forth in Exhibit “A-1”.

III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.

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Item #19.L.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Appropriation of Asset Forfeiture Funds
City Manager's Recommendation:

Adopt Resolution No. 2024-33-3510, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT."
Administrative Action:

Submitted by:

Christopher Hofford, Chief of Police
Prepared by:

John Fraijo, Captain
Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Department of Justice (DOJ) Equitable Sharing Program (Asset Forfeiture) was federally enacted in 1984. The primary purpose of this program is to assist law enforcement in the deterrence of crime by depriving criminals of the profits and proceeds of their criminal activities and to weaken criminal enterprises by removing the instrumentalities of crime. An ancillary purpose of this program is to enhance cooperation among federal, state and local law enforcement agencies through the equitable sharing of federal forfeiture proceeds.

The Irwindale Police Department, in cooperation with federal, state, and local agencies, has participated in several investigations over the past four years that have resulted in the seizure of personal property including automobiles and U.S. currency. Through the Equitable Sharing Program, the Police Department applied for and received a portion of funds from each related investigation from both federal and state equitable sharing programs. Allocations of funds through these programs are determined by the percentage of time and effort that a participating agency puts toward the case investigation that resulted in seized property.

Federal and state laws dictate permissible and non-permissible purchases that can be made with the received asset forfeiture funds under the asset forfeiture program. Permissible items for purchase with the received funds include law enforcement training in any area that is necessary to perform official law enforcement duties, equipment and operations for investigations and official law enforcement duties, telecommunications equipment, and law enforcement facilities and related items to include government furniture.

Asset forfeiture funds cannot be used for regular salaries of existing police officers, but may be used for the salary of police officers assigned to a specific task force for a specified period of time or under certain other conditions. The permissible appropriation of funds will include:
• Salary and overtime costs associated with asset forfeiture investigations • Law enforcement training
• Hardware, software, wireless connectivity and other required equipment related to the department's reporting and telecommunications infrastructure • Radio Communication Systems / In-car camera system / MDC-Mobile Data • Video surveillance equipment
• Equipment and operations related to investigations
• Executive Conferences - In State/Out of State
The Police Department has received an additional $35,524.12 for fiscal year 2023-2024 in federal asset

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forfeiture proceeds. These federal asset forfeiture funds are held in the Federal Treasury Fund (Fund 16). These funds are separate from the General Fund, and supplemental to the current operating budget. The proposed Resolution would approve the Police Department's receipt of the federal asset forfeiture proceeds and allocate these proceeds to three expenditure accounts for the Police Department's use, consistent with state and federal law.

Fiscal Impact:

The attached resolution allows for the receipt of, and an appropriation of $35,524.12 in federal asset forfeiture revenue for fiscal year 2023-2024 to be distributed to the City’s expenditure account as follows:
• $20,524.12 to Operating Supplies Account No.16-35-370-42200-0000 • $10,000.00 to Computer Systems Account No.16-35-370-44300-0000 • $5,000.00 to Contractual Services Account No.16-35-370-42300-0000 Attachments:

1. Resolution Asset Forfeiture Appropriation 06-12-24

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01005.0010/872098.1
RESOLUTION NO. 2024-33-3510

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET

FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and WHEREAS, the City of Irwindale Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past years; and
WHEREAS, the United States Department of Justice and the California Department of Justice have an Equitable Sharing Program that allows law enforcement agencies to share in federal forfeiture proceeds from property seized during these investigations; and WHEREAS, federal and state laws dictate that these funds must be utilized by the Police Department for investigations and operations related to asset forfeiture investigations and/or training and equipment related to official law enforcement duties; and WHEREAS, the Police Department has received an additional $35,524.12 in federal asset forfeiture proceeds for fiscal year 2023-2024, which is ready for use by the Police Department in accordance with federal and state law requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. Asset forfeiture funds obtained through the U.S. Department of Justice Equitable Sharing Program and interest, in the amount of $35,524.12 are approved, received as supplemental to the Police Department Budget, available to be appropriated.

SECTION 2. The City Council hereby appropriates the $35,524.12 in federal asset forfeiture funds to the following City of Irwindale Police Department expenditure accounts in the corresponding amounts:
- $20,524.12 to Operating Supplies Account No.16-35-370-42200-0000; $10,000.00 to Computer Systems Account No.16-35-370-44300-0000; and $5,000.00 to Contractual Services Account No.16-35-370-42300-0000.$35,524.12 to Operating Supplies Account No.16-35- 370-42200-0000
These funds shall be used in accordance with federal and state law for expenditure of federal asset forfeiture funds.

SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

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01005.0010/872098.1
Resolution No.2024-33-3510

Page 1 ends

PASSED, APPROVED AND ADOPTED this 12th day of June, 2024.

Albert F. Ambriz, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-33-3510 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 12th day of June, 2024, by the followingvote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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01005.0010/872098.1
Resolution No. 2024-33-3510

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Item #19.M.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Appropriation of Supplemental Law Enforcement Services Funds for the Citizen's Option for Public Safety Program (COPS) AB3229
City Manager's Recommendation:

Adopt Resolution No. 2024-34-3511 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE RECORDING REVENUES, INTEREST, AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $189,178.15 FOR FISCAL YEAR 2023-24 OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR THE CITIZEN’S OPTION FOR PUBLIC SAFETY PROGRAM (COPS).” Administrative Action:

Submitted by:

Chris Hofford, Chief of Police
Prepared by:

John Fraijo, Captain
Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The State of California Citizen's Option for Public Safety (COPS) Program was enacted pursuant to AB 3229. The COPS Program provides a supplemental funding source for local governments for the purpose of ensuring public safety. There is no guarantee that this will be a continued funding source for the long term. For FY 2023-24, the City of Irwindale Police Department received $186,158.96 which is required to be used for “front-line municipal police services.” These funds must supplement existing services, and cannot be used to supplant any existing funding for law enforcement services. COPS funding for FY 2023-24 has earned interest in the amount of $3,019.19 from the City’s pooled investment accounts, which also must be allocated for “front-line municipal police services.” California Government Code Sections 30061 through 30063 establishes guidelines for the receipt and expenditure of COPS funding.

The following is the proposed COPS expenditure plan for FY 2023-24, with some of these items presented as part of the Police Department’s Capital Improvement Plan:
• The purchase of police service vehicles and outfitting the vehicles with emergency lighting equipment, radios, computers, and public safety supplies. • The purchase of police dispatch radio consoles and computer system maintenance costs.

The COPS funding received from the State, plus the interest allocated at year-end, total $189,178.15.

Appropriation of these funds will allow the police department to expend these monies in FY 2023-24 and carry over any un-expended funds to FY 2024-25.

Fiscal Impact:

Appropriating the COPS funding received in FY 2023-24 will allow the Police Department to use these funds for supplemental technology and other equipment for its patrol operations. These expenditures would otherwise need to be funded by the General Fund, thereby resulting in a savings of General Fund monies.

Attachments:

1. Resolution 2023-2024 - COPS

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01005.0010/872108.1 Resolution No. 2024-34-3511

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RESOLUTION NO. 2024-34-3511

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

RECORDING REVENUES, INTEREST, AND AUTHORIZING AN
APPROPRIATION IN THE AMOUNT OF $189,178.15 FOR FISCAL YEAR 2023-24 OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS
FOR THE CITIZEN’S OPTION FOR PUBLIC SAFETY PROGRAM (COPS) WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by using funds from the Citizens Option for Public Safety (COPS) Program to supplement the Police Department budget; and WHEREAS, the City of Irwindale has received $186,158.96 from the State of California COPS Program, which is funded for the 2023-24 fiscal year, and COPS funding has earned interest amounting to $3,019.19; and WHEREAS, the COPS funds must be utilized by the Police Department for “front-line municipal law enforcement services” and cannot be used to supplant funding for other law enforcement services or programs; and WHEREAS, the Police Department proposes to utilize these funds for the purchase of police service vehicles and outfitting those vehicles with emergency lighting equipment, radios, computers and public safety supplies; and WHEREAS, in total, COPS funding received from the state in conjunction with property tax allocations throughout the year, as well as the interest allocated at year-end, amounts to $189,178.15. Any remaining funds after any capital expenditures for the proposed police service equipment and supplies will be invested in accordance with COPS requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS
FOLLOWS:

SECTION 1. The State of California COPS Program funds and earned interest from such funds are hereby accepted and shall be recorded into the City budget as revenue. The funds are hereby appropriated to expenditure account(s):
• 36-35-371-44400-0000 (Vehicles and Equipment) in the amount of $89,178.15
• 36-35-371-44300-0000 (Computer Systems) in the amount of $100,000.00 SECTION 2. COPS program funds shall be utilized for police service vehicles and outfitting the vehicles with emergency lighting equipment, radios, computers and public safety supplies, including the purchase of police dispatch radio consoles and computer system maintenance costs.

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Resolution No. 2024-34-3511

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SECTION 3. COPS program funds shall be utilized for hardware, software, and other necessary equipment related to the department’s records management and network infrastructure.

SECTION 4. Any remaining COPS funds after any capital expenditures for the proposed police service equipment and supplies described in Section 2 and 3 herein will be invested in accordance with COPS requirements.

SECTION 5. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 12th day of June, 2024. ___________________________
Albert F. Ambriz, Mayor
ATTEST:
_______________________________
Laura Nieto
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-34-3511 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 12th day of June, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Laura Nieto
Chief Deputy City Clerk

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Item #19.N.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 to Contract Services Agreement with IMEG Corp. for Design Services of Construction Documents for the Civic Center Exterior Improvements Project; P-1054 City Manager's Recommendation:

That the City Council (1) approve and authorize the City Manager to execute Amendment No. 1 to the Contract Service Agreement with IMEG Corp. for design services of construction documents for the Civic Center Exterior Improvements Project to increase the contract amount from $281,620 to $371,300; and (2) approve an amended 15% project contingency in the amount of $55,695 to cover any additional unforeseeable expenses that may arise during design.

Administrative Action:

Submitted by:

Eddie Chan, Director of Engineering/Building Official
Prepared by:

Luis Pimentel, Associate Engineer
Reviewed by:

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

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Julian A. Miranda, City Manager
Background and Analysis:

On August 14, 2023, staff solicited a Request for Proposals (RFP) for design services for the preparation of comprehensive construction documents – plans, specifications, and estimate (PS&E) for the Civic Center Exterior Improvements Project. This project consists of improvements to the frontage along the City Hall/Police Department building which includes additional parking spaces, installation of a new water fountain feature and digital display sign and the modification of landscape, irrigation, and hardscape elements. Staff determined IMEG, Corp. was the most qualified firm for the project, and recommended awarding the contract for design services to them.

On October 11, 2023, the City Council awarded the contract for professional design services for the Civic Center Exterior Improvements Project to IMEG Corp. in the amount of $281,620.

During the design process, the Engineering department was directed to add additional scope of work to the design. The items included:

1. Removable temporary poles and electrical outlets for the annual Christmas Lighting Event.

2. A meandering sidewalk to replace the existing dilapidated and lifted sidewalk along the frontage of Irwindale Avenue.

3. Removal and replacement of the existing bus shelter.

4. Addition of parking lot lighting to the new parking area for safety.

Each year, the Public Works Services crew uses the existing trees and available poles in front of City Hall to secure and connect the aerial cable for the Annual Christmas Light Show, which takes place during the Christmas season. These decorations began as a response to COVID19, aiming to provide the community with a drive-through light show experience to boost Christmas spirit. Over time, this event has grown to extend across the entire parking lot in front of City Hall and the Police Station.

As the event has expanded, it has become increasingly challenging for the Public Works Services crew to extend power to supply all the lighting for this event. Therefore, it is proposed to add removable temporary poles and electrical outlets to the design to facilitate the setup and ensure adequate power supply for the Christmas Light Show.

Staff also observed that the existing sidewalk along the frontage of Irwindale Avenue has become dilapidated and lifted due to tree roots, necessitating replacement. The proposed solution includes installing a meandering sidewalk, removing the existing oversized bus shelter, and replacing it with a smaller bus shelter. Additionally, staff has identified the need to install new parking lot lighting in the new parking area for added safety.

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The attached contract agreement amendment has been reviewed and approved as to form by the City Attorney’s office.

Fiscal Impact:

Sufficient funding for this contract amendment is budgeted in the FY 2023/2024 Adopted Budget as the Civic Center – Exterior Improvements Project (48-80-800-45200-8245).

Attachments:

1. Amendment No. 1 to PSA - Design for Civic Center Exterior Improvements Project (P-1054) - Agreement

2. IMEG Proposal for Amendment No. 1

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- 1 -
01005.0006/845733.1
AMENDMENT NO. 1

TO CONTRACT SERVICES AGREEMENT FOR DESIGN SERVICES FOR THE IRWINDALE CIVIC CENTER EXTERIOR IMPROVEMENTS PROJECT; P-1054 THIS AMENDMENT NO. 1 FOR CONTRACT SERVICES AGREEMENT FOR

DESIGN SERVICES FOR THE IRWINDALE CIVIC CENTER EXTERIOR IMPROVEMENTS PROJECT; P-1054 (“Amendment No. 1”) is dated June 12, 2024, by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and IMEG Corp., 300 N. Lake Avenue, 12th floor, Pasadena, CA 91101 (“Consultant”) is effective as of the 12th day of June, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated October 11, 2023 (“Agreement”) whereby Consultant agreed to provide professional services for the preparation of comprehensive construction documents – plans, specifications, and estimate (PS&E) for the Civic Center Exterior Improvements Project (“Services”).

B. Pursuant to section 2.3 of the Agreement, the City requested additional scope of work and IMEG Corp. was able to provide the City with a proposed scope of work for additional surveying, structural, electrical, landscape and civil work. IMEG Corp. has provided the City with Contract Amendment No. 1 for Additional Services proposal, describing the scope of work and costs.

C. City and Consultant now desire to amend the Agreement to reflect the additional requested work as outlined in Amendment No. 1 for Additional Services proposal.

TERMS

1. Contract Changes. The Agreement is amended as provided herein (deletions shown in strikethough and additions shown in bold italics).

A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:

For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Three Hundred Seventy-One Thousand Three Hundred Dollars ($371,300) Two Hundred Eighty-One Thousand Six Hundred Twenty Dollars ($281,620) (“Contract Sum”).

B. Exhibit “A” Scope of Services and Exhibit “C” Schedule of Compensation are hereby amended to incorporate Amendment No. 1 for Additional Services, attached hereto as Exhibit “A-1.”

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- 2 -
01005.0006/845733.1

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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- 3 -
01005.0006/845733.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:

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

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

IMEG Corp.

By:

Name: Josh Gordon
Title: Project Executive
Address: 300 N. eville Street
Orange, CA 92865
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01005.0006/845733.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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May 16, 2024
Luis Pimentel, E.I.T. Associate Engineer
City of Irwindale - Public Works Engineering
5050 N. Irwindale Avenue,
Irwindale, California 91706
RE: Amendment Number 1 for Additional Services
Irwindale Civic Center Improvements - Temporary poles and electrical outlets, sue, survey and additional improvements.

Irwindale, CA
IMEG #23008722.00
Dear Luis:

As we discussed, you would like IMEG to provide additional SUE (utility locating) surveying, structural, electrical, and civil engineering for the addition of 11 temporary poles with up to 11 permanent electrical outlets near the poles, as shown on Scope Exhibit ‘A’ below. The poles are intended to be used to string Christmas lights or banners at a height of approximately 13’ and will be removable.

IMEG will show demolition of the existing bus stop shelter and pavement and design pavement for a bus stop shelter designed by the Landscape Architect with details and calculations by IMEG Structural. The existing Irwindale Avenue easterly sidewalk from Calle Del Norte to Calle de Paseo not including any existing or new ADA ramps will be removed and replaced with a new meandering sidewalk.

Additional area for aerial survey, SUE and ground survey of SUE markings and required ground support for aerial per Scope Exhibit ‘B’ is included.

IMEG will perform photometric calculations to meet minimum light level requirement per IES.

New parking lot lighting along the new parking lot expansion to include photometric calculation and spilling lights along the existing sidewalk fronting the street. Connect new circuits to new parking lot lighting.

IMEG will call for grind and overlay of existing AC parking lot and drive aisle and provide the required details and specifications. IMEG will show new striping for standard and ADA spaces.

All other services, terms, and conditions shall remain as stated in our original Agreement dated October 11, 2023

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Amendment Number 1 for Additional Services Irwindale, CA Civic Center Improvements - Temporary poles and electrical outlets May 16, 2024

Page 2 of 5 ends

SCOPE EXHIBIT ‘A’

SCOPE EXHIBIT ‘B’

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Amendment Number 1 for Additional Services Irwindale, CA Civic Center Improvements - Temporary poles and electrical outlets May 16, 2024

Page 3 of 5 ends

We understand the additional scope of work is as follows:

SUE (UTILITY LOCATING) PHASE SERVICES

1. SUE services as listed in the original contract extended to the red shaded area on Scope Exhibit ‘B’. See attached sub-consultant agreement.

SURVEY PHASE SERVICES

1. Surveying services as listed in the original contract extended to the red shaded area on Scope Exhibit ‘A’.

2. Aerial survey with ground support and survey of utility markings per scope Exhibit ‘B’.

STRUCTURAL ENGINEERING SERVICES

1. Provide a site visit to review field conditions with the proposed layout of temporary poles.

2. Develop structural concept design of the temporary poles for review and approval by the City.

3. Design foundation system for the light poles based on criteria from a geotechnical report or if no report is provided, based on minimum Code values. Foundation is likely to be a caisson type system.

4. Design steel pole with removable connection per City specifications.

5. Provide calculation package for foundation and pole design.

6. Prepare construction documents for design of the temporary light poles for submittal to the City Building Department.

7. Respond to City plan check comments as required.

8. Provide limited construction administration support in answering RFI's and submittals.

9. Provide one site visit to the job site during construction for structural observation as required per the Code.

10. Provide structural calculations and details for the new bus stop shelter.

ELECTRICAL ENGINEERING SERVICES

1. Provide 11 receptacle weather-proof GFCI outlets for Christmas lighting.

2. Perform load calculations.

3. Photometrics.

4. Western parking lot lighting.

CIVIL ENGINEERING SERVICES

1. Layout and control for 11 pole and outlet locations.

2. Coordinate and provide horizontal control for electrical conduit routing.

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Amendment Number 1 for Additional Services Irwindale, CA Civic Center Improvements - Temporary poles and electrical outlets May 16, 2024

Page 4 of 5 ends

3. Deconflict poles, outlets and underground electrical conduits with existing utilities based on SUE information.

4. Street plan for meandering sidewalk from Calle Del Norte to Calle De Paseo not including ADA ramps.

5. Update grading plan, lid plan and calculations due to changes for the meandering walk.

6. Coordinate Bus stop shelter demolition and new shelter construction and show on plans with horizontal control and grading required.

7. Plan to grind and overlay existing parking.

8. Striping plan for existing standard and ADA spaces.

LANDSCAPE ARCHITECTURE SERVICES

1. Services for Bus stop shelter and revised planting and irrigation due to new meandering sidewalk per attached subconsultant agreement.

ASSUMPTIONS

1. An additional power sub-panel to serve new receptacle outlets, fountain and signage power and provisions for future electric charging stations will be required.

2. Survey provided to IMEG along with surveys already performed by IMEG will be sufficient for design of this additional scope.

3. ADA ramp design will not be required and is not included.

COMPENSATION
We propose to provide the additional services described above for a fixed fee of as broken down below.

SUE (Utility Locating) $12,900
Survey Phase $8,000
Structural Engineering $16,500
Electrical Engineering $10,360
Civil Engineering $39,420
Landscape Architecture (shelter) $2,500
Total Project Fixed Fee $89,680

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Amendment Number 1 for Additional Services Irwindale, CA Civic Center Improvements - Temporary poles and electrical outlets May 16, 2024

Page 5 of 5 ends

We will begin our services following acceptance of this Amendment for Additional Services. Acceptance may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and returning it to our office.

Sincerely,
IMEG Consultants Corp. City of Irwindale - Public Works Engineering By:

Accepted this day of , 20
By:

Name: Josh N. Gordon Name:

Title: Project Executive | Senior Associate Title:

Approved by: John Thompson, PE C82557
[email protected]
JNG: JMT/mic
\\files\Active\Projects\2023\23008722.00\ProjectManagement\ASR for temporary lighing and electrical outlets\20240516 - 23008722 - ASR 01 Temp. Poles.docx

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Item #19.O.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of the Irwindale Aquatic Center - Commercial Pool Heater Replacement Project P-1062
City Manager's Recommendation:

That the City Council (1) accept the improvements and maintenance responsibilities for the constructed improvements of the Irwindale Aquatic Center - Commercial Pool Heater Replacement Project P-1062; (2) approve the final Project amount of $83,700 under the construction contract with Waterline Technologies, Inc. (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the Project.

Administrative Action:

Submitted/Prepared by:

Eddie Chan, Director of Engineering / Building Official Reviewed by:

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

Julian A. Miranda, City Manager

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Background and Analysis:

On January 10, 2024, the City Council awarded the Irwindale Aquatic Center - Commercial Pool Heater Replacement Project P-1062 to Waterline Technologies, Inc in the amount of $84,000.00, plus a 10% contingency in the amount of $8,400.00 for a total of $92,400.00. The Project was successfully completed on time for the Swimming Program that was scheduled to start in March 2024, and it was completed in accordance with the approved plans and specifications. During the course of work, the City received credits for removing a bid item that was not needed to complete the Project. This change order reduced the overall contract amount by $300.00 less than the original contract amount. Thus, the total cost of the Project is $83,700.00, which is $8,700 less than the total approved contract amount of $92,400.00. The Project is now complete and staff recommends that City Council accept the improvements and maintenance responsibility for the Irwindale Aquatic Center - Commercial Pool Heater Replacement Project. Upon acceptance of the improvements, City Council will render the Project complete. Once the Project is complete, the City will file a Notice of Completion and release the retention amount for the Project. Staff therefore recommends that City Council authorize the City Clerk to record the Notice of Completion and authorize the Finance Director to release the 5% retention amount for the Project.

Fiscal Impact:

Funding for this Project has been budgeted in the FY 2023-2024 budget for the Swimming Pool Facility & Lift Remodel Project (Account No. 48-80-800-45200-8229). Sufficient funding is available in the FY 2023-24 budget to pay for this amount.

Attachments:

1. 06-12-2024 Acceptance of Irwindale Aquatic Center - Commercial Pool Heater Replacement Project (P-1062) - NOC

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RECORDING REQUESTED BY: /

CITY OF IRWINDALE /
/
WHEN RECORDED MAIL TO: /
Eddie Chan
City of Irwindale /
Department of Public Works /
5050 N. Irwindale Avenue /
Irwindale, CA 91706 /
/
/
/
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: CITY OF IRWINDALE AQUATIC CENTER – COMMERCIAL POOL HEATER REPLACEMENT PROJECT (P-1062).

2. The full name of the owner is: CITY OF IRWINDALE.

3. The full address of the owner is: 5050 NORTH IRWINDALE AVENUE, IRWINDALE, CALIFORNIA, 91706.

4. On the 12th day of JUNE 2024, there was completed upon the hereinafter-described real property the following work: IRWINDALE AQUATIC CENTER – COMMERCIAL POOL HEATER REPLACEMENT PROJECT.

5. The name of the original contractor for the work described above was: WATERLINE TECHNOLOGIES, INC.

6. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: CITY OF IRWINDALE AQUATIC CENTER LOCATED AT 5050 NORTH IRWINDALE AVENUE.

DATED: __________________, 2024
__________________________________________
Eddie Chan, Director of Engineering/Building Official
City of Irwindale
ATTEST:
____________________
Chief Deputy City Clerk

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State of California
County of _______________
Subscribed and sworn to (or affirmed) before me on this ______ day of _____________, 20___, by __________________________________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature_______________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Item #19.P.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of SB1 Road Maintenance and Rehabilitation Account Local Streets and Roads Funding Allocation for Fiscal Year 2024/2025
City Manager's Recommendation:

That the City Council (1) approve the SB1 Local Streets and Roads Program proposed project list for Fiscal Year 2024/2025 and authorize staff to submit said list to the California Transportation Commission; and (2) adopt Resolution No. 2024-42-3519 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”.

Administrative Action:

Submitted by:

Eddie Chan, Director of Engineering / Building Official Prepared by:

Luis Pimentel, Associate Engineer
Reviewed by:

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

Page 192 of 367 ends

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

In 2017, Senate Bill 1 (SB1) established a Road Maintenance and Rehabilitation Account (RMRA) to address basic road maintenance and rehabilitation of state highways and local streets and roads. Pursuant to Section 2032 of the Streets and Highways Code, a percentage of the funding from the new Road Maintenance and Rehabilitation Account will be allocated to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

Each city or county must submit a project list to the California Transportation Commission (CTC), pursuant to an adopted resolution, on an annual basis. SB1 also establishes annual reporting and audit requirements for RMRA expenditures.

The estimated amount of RMRA funds proposed to be received in FY 2024-25 and allocated pursuant to the City Council’s adoption of the FY 2024-25 budget meeting on June 26, 2024, for our city is $38,875. The eligible uses of SB1 RMRA funds include road maintenance and rehabilitation, safety projects, bicycle and pedestrian improvements, and traffic control devices.

The proposed project to use RMRA funding for FY 2024-2025 will be the 2024-25 Pavement Rehabilitation Program, also proposed to be approved at the FY 2024-25 budget adoption meeting scheduled for June 26, 2024, which consists of cold-milling, removal and re-paving of existing asphalt pavement on Myrtle Avenue. The useful life of these improvements is estimated to be 10 to 15 years.

Upon approval by the City Council, the project description and a copy of the adopted Resolution No. 2024-42-3519 will be submitted to the CTC as required to be eligible for receiving SB1 RMRA funding for FY 2024-2025.

Fiscal Impact:

The City of Irwindale will be eligible to receive an estimated amount of $38,875 for the FY 2024-25 Pavement Rehabilitation Program with the adoption of the attached resolution. RMRA funds are recorded in the State Gas Tax, Fund 21 account 21-00-000-33360-0000.

Attachments:

1. Resolution No. 2024-42-3519

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01005.0006/896514.1 Resolution No. 2024-42-3519

Page 1 ends

RESOLUTION NO. 2024-42-3519

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $38,875 in RMRA funding in Fiscal Year 2024/2025 from SB 1; and
WHEREAS, this is the 8th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 1 streets/roads, throughout the City this year with the 2024/25 Pavement Rehabilitation Program and similar projects in the future; and

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Resolution No. 2024-42-3519

Page 2 ends

WHEREAS, the 2023 City of Irwindale Pavement Condition Report found that the City’s streets and roads are in an “good” condition with average PCI rating of 75 and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an “excellent” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide and create a useful outcome for our constituents and commuters alike

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024/2025 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2024/25 Pavement Rehabilitation Program
Project Description: Cold-milling, removal and re-paving of existing asphalt pavement.

Project Location: Myrtle Avenue from Live Oak Ave to North City Limits Estimated Project Schedule: Start (05/25) – Completion (08/25) based on the components being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
SECTION 3. The Chief Deputy City Clerk shall certify the passage and adoption of this Resolution, which shall in turn have immediate effect.

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01005.0006/896514.1 Resolution No. 2024-42-3519

Page 3 ends

PASSED, APPROVED and ADOPTED this 12th day of June 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2024-42-3519 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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Item #21.A.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Irwindale Chamber of Commerce Services
City Manager's Recommendation:

It is recommended that the City Council approve and authorize the City Manager to execute the following:

1. Services Agreement between the City of Irwindale and the Irwindale Chamber of Commerce beginning July 1, 2024, and expiring on June 30, 2025 in a not to exceed about of $30,000, or provide further direction.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

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

Page 197 of 367 ends

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Since 2008, the Irwindale Chamber of Commerce (“Chamber”), through a Services Agreement with the City of Irwindale (“City”), has provided services to the City and businesses that are Chamber members.

They have proven to be an invaluable resource to the business community and an outstanding partner with the City.

The proposed Services Agreement “Exhibit A” was sent to the Chamber on April 2, 2024, which provides an instrument by which both parties can identify their respective roles and expectations in consideration of the financial assistance provided to the Chamber by the City. The proposed Services Agreement is a 12-month term, beginning July 1, 2024, and ending June 30, 2025. The total contract amount is $30,000, which was the same amount budgeted in the previous fiscal year. Staff is recommending that the City Council approve the $30,000 contract amount.

However, on May 21, 2024, the City received a letter “Exhibit B” from the Chamber requesting the contract amount be increased to $66,000 along with an updated business plan “Exhibit C.” It is therefore recommended that the City Council receive information provided by the Chamber and either approve the proposed Services Agreement at the $30,000 amount or provide alternative direction to staff.

Fiscal Impact:

The Administrative Services (Account No. 01-18-180-42140-0000) proposed FY 2024-2025 budget includes the $30,000 amount needed for the proposed Services Agreement.

Attachments:

1. DRAFT Services Agreement_Chamber of Commerce_FY 2024-2025

2. Irwindale Chamber Funding Request Letter

3. Irwindale Chamber Business Plan 2024-2025

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01005.0001/776629.2 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND

THE IRWINDALE CHAMBER OF COMMERCE
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is retroactively made and entered into on the 1st day of July, 2024 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and THE IRWINDALE CHAMBER OF COMMERCE, a California non-profit organization (herein "CHAMBER"). City and Chamber are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CHAMBER

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Chamber shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Chamber warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Chamber shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Chamber shall be compensated in accordance with Section 2.2 of this Agreement, but not exceeding the maximum contract amount of Thirty Thousand Dollars ($30,000) (“Contract Sum”).

2.2 Invoices. On the first business day of July 2024, October 2024, January 2025, and April 2025, Chamber shall furnish City an original invoice equal to, but in no event shall exceed, $7,500 (Seven Thousand Five Hundred Dollars and Zero Cents) for all work performed and expenses incurred during the preceding period in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Chamber is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Chamber shall not invoice City for any duplicate services performed by more than one person.

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01005.0001/776629.2 -2-
City shall independently review each invoice submitted by the Chamber to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Chamber which are disputed by City, City will use its best efforts to cause Chamber to be paid within forty five (45) days of receipt of Chamber’s correct and undisputed invoice; however, Chamber acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Chamber for correction and resubmission.

Review and payment by the City of any invoice provided by the Chamber shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Chamber, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Chamber. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance. . The Chamber shall provide perform all services within the time period(s) established in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference,

3.3 Force Majeure. The time period(s) specified in Section 3.2 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Chamber, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Chamber shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Chamber be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Chamber’s sole remedy being extension of the Agreement pursuant to this Section.

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3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall begin July 1, 2024, and continue in full force and effect through June 30, 2025.

4. COORDINATION OF WORK

4.1 Representative of Chamber. The President and CEO is hereby designated as being the representative of Chamber authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Chamber and any authorized agents shall be under the exclusive direction of the representative of Chamber. Chamber shall utilize only competent personnel to perform services pursuant to this Agreement. Chamber shall make every reasonable effort to maintain the stability and continuity of Chamber’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. The City Manager or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Chamber shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Chamber. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Chamber, its agents or employees, perform the services required herein, except as otherwise set forth. Chamber shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Chamber shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Chamber shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of

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California and which shall indemnify, insure and provide legal defense for the Chamber against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Chamber in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Chamber’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Chamber’s services or the termination of this Agreement. During this additional 5-year period, Chamber shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Chamber shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Chamber’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Chamber shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Chamber has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Chamber agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Chamber, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Chamber is legally liable (“indemnitors”), or arising from Chamber’s or indemnitors’ reckless or willful misconduct, or arising from Chamber’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Chamber and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Chamber shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Chamber shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Chamber in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Chamber. Chamber shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Chamber shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or

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court order shall not be considered “voluntary” provided Chamber gives the City notice of such court order or subpoena.
(c) If Chamber provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Chamber for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Chamber’s conduct.
(d) Chamber shall promptly notify the City should Chamber be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Chamber or be present at any deposition, hearing or similar proceeding. Chamber agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Chamber.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Chamber in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Chamber shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Chamber with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Chamber is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Chamber for any work performed after the date of default. Instead, the City may give notice to Chamber of the default and the reasons for the default. The notice shall include the timeframe in which Chamber may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Chamber is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Chamber does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Chamber shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Chamber, except that where termination is due to the fault of the Chamber, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Chamber reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Chamber may determine. Upon receipt of any notice of termination, Chamber shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Chamber has initiated termination, the Chamber shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Chamber has initiated termination, the Chamber shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

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

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Chamber covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Chamber shall take affirmative action to ensure that applicants are employed and that employees are treated during

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employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Chamber, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Chamber or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706t and in the case of the Chamber, to the person(s) at the address designated on the execution page of this Agreement.

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

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

Chamber’s Authorized Initials _______

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

CITY:

CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:

Laura Nieto, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CHAMBER:
_______________________________
By:

Name: Ricardo Flores
Title: Chair of the Board
By:

Name: Lily Phan
Title: President/CEO
Address: 5155 N Irwindale Ave
Irwindale, CA 91706
Two corporate officer signatures required when Chamber is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CHAMBER’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CHAMBER’S BUSINESS ENTITY.

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01005.0001/776629.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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D-1
01005.0001/776629.2
EXHIBIT “A”

SCOPE OF SERVICES
The CHAMBER shall be responsible for providing the following:

1. Cornerstone Club Member
Recognize CITY as a Cornerstone Club Member at the highest level, receiving all consideration, benefits, sponsorship, and advertising opportunities that inure to the benefit of Cornerstone Club members.

2. Economic Vitality
A. Serve as information bureau to its members and new businesses by properly communicating CITY information. The information bureau shall serve the business and residential community.

B. Answer inquiries concerning community facilities and services and refer callers to appropriate CITY departments.

C. Assist the CITY in the attraction, retention, and expansion of business in Irwindale through collaboration with the Economic Development Division, which shall reach out to businesses and offer workshops and assistance to the business community.

3. Promoting the Community
A. Coordinate an annual Breakfast, Luncheon, or Reception event for the Mayor.

B. Maintain an up-to-date website with pertinent community information with links to CITY’s website.

C. Promote the City activities, events, and initiatives via all of the Chamber’s Social Media Network(s).

D. Participate in community business expo event(s).

4. Community Activities
A. Work with CITY in co-sponsoring agreed-upon community activities and be responsible for publicizing CITY and/or CHAMBER-sponsored activities. i. Promote CITY events by providing a link on the CHAMBER website to the CITY website.

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B. Showcase CITY dignitaries, employees, and Young citizens at CHAMBER events. i. Annual Golf Tournament
a. Provide CITY with up to three (3) complimentary golf foursomes. b. Recognize CITY as a co-partner in event promotion. It is understood that said co-partnership does not constitute any additional commitment of funds from CITY beyond those in Section 3.1 of this Agreement.
c. Provide a gift card for up to $250 to be given as a prize by the City during the Tournament.
ii. Annual Installation Event
a. Invite the Mayor to preside over the swearing-in ceremony for the Board of Directors.
b. Invite City Council to participate in ceremonial roles. c. Recognize CITY as a co-partner in event promotion. It is understood that said co-partnership does not constitute any additional commitment of funds from CITY beyond those in Section 3.1 of this Agreement.
d. Provide CITY with up to two (2) complimentary tables.

5. City Representation at Chamber Functions
Provide CITY with 24 complimentary seats during the term of this Agreement at events, breakfasts, or mixers.

Provide CITY with one (2) complimentary tables at Chamber luncheons throughout each year of this Agreement.

6. Education Programs
At CHAMBER’s discretion, CHAMBER may disseminate information to the business community of pending Federal, State, and City legislative actions that may impact the community, its citizens, and businesses.

7. Quarterly Report

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Present a written and verbal report to the CITY quarterly, at a City Council meeting, summarizing the current activities in compliance with the requirements of this Agreement.

8. Strategic Business Plan
Submit a Strategic Business Plan to the City Council annually by the last business day of March for review and comment.

9. Funding Process
On April 1 of each year during the term of this Agreement, CHAMBER shall submit a recap of CHAMBER activities conducted during the previous fiscal year. The funding required shall be considered by the City Council in its annual budget development process.

10. Audit
At all times during the term of this Agreement, CHAMBER shall permit a designated CITY representative to examine the financial records of CHAMBER and make such records available for examination during normal business hours.

11. City Assistance
In order to carry out some programs and activities called for in this Agreement, it may be necessary for the CITY to provide assistance to CHAMBER. Such activities may include E-Waste Collection and Fall Forum. Upon completion of established application procedures (or in written form if no application procedure exists), availability and approval by CITY, CITY, as its sole discretion, may provide CHAMBER with facilities, personnel and other assistance CITY deems fit. It is understood there will be no charge to CHAMBER for this assistance.

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May 20, 2024
Mayor Albert Ambriz and Councilmembers
C/O - Julian Miranda, City Manager
City of Irwindale
Dear honorable Mayor Ambriz and Council Members,
As the new CEO and President of the Irwindale Chamber of Commerce, I look back at the City’s support this calendar year since I joined the Chamber with great pleasure and much appreciation. To continue our strong partnership, I am hereby submitting our annual proposal for funding to the City of Irwindale for Fiscal Year 2024-5 in the amount of $66,000, with the detail of the proposed activities and amount presented in the attached Business Plan and chart below.

The funds requested are for items and activities that are directly to community / economic development functions that are planned and / or supported by the Chamber of Commerce, and those that the City regularly participate in as prestigious Platinum sponsor at a discounted rate.

There are six new or increased activities that we can discuss further in case staff availability or cost may pose a challenge. From the Chamber’s side, we are restructuring our staff team to save on labor cost and increase work efficiency. Meanwhile, we will continue operating in the small office under hybrid mode until additional funds can be obtained from increased activities and membership.

In addition to the list of activities and events, I would like to further tighten the collaboration between the City and the Chamber moving forward, as I see how other cities/chambers prosper and are strengthened by having a strong chamber-city tie. On behalf of the chamber board of directors, I am honored to share that we would like to reserve 1 seat on the board of directors for city staff or public official, starting January 2025 when we vote in the new board team. I personally believe that this will help bridge the communication between the two agencies when we strategize, plan, and assist the local business community. Even though we are separate entities, we work as one cohesive unit, having the same economic goals and objectives, as we both wear the name Irwindale proudly.

I look forward to continuing to support the City of Irwindale through its Chamber of Commerce in the upcoming year. Please let me know if you have any questions or suggestions in the below and the attached. I have also taken initiative to add in highlights the suggested modifications in the draft City contract shared in April of this year.

Kindest regards,
Lily Phan
CEO/President, Irwindale Chamber of Commerce

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20% labor cost, and platinum sponsorship values) for the following events:

Activities current / proposed Current 2023-4 Funds $ Proposed 2024-5 Funds
- Job fair planning and coordination $6,000 $6,000
- Legislative luncheon platinum sponsorship/table (3 per year) $4,000 $6,000 - Board installation/award platinum sponsorship $1,277 $3,000 - Holiday luncheon platinum sponsorship $1,500 $3,000
- Mayor’s reception coordination & platinum sponsorship $2,500 $3,500 - First Responders appreciation platinum sponsorship $1,500 $2,000 - Social media support $2,000 (news blasts only) $5,000 (+6 e-newsletters/yr.) - Golf tournament platinum sponsorship $6,000 (three 4-somes/gift card) $6,500 (four 4- somes/gift card
- IEF admin and board support $2,000 (no CEO involvement) $9,000 (with CEO) - Joint business visits/preparation/post-evaluation (Com/ED) 0 $9,000 (new – 9 per yr.)
- Business workshops 0 (3 per year) $2,215 (5 per year) - Business mixers 0 (3 per year) $2,214 (5 per year)
- Ribbon cutting coordination with City ED Unit 0 $1,500 (new) Subtotal $26,777 $58,929
12% admin cost $3,213 $7,071
Total $30,000 $66,000

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IRWINDALE CHAMBER OF COMMERCE

BUSINESS PLAN
Fiscal Year 2024/25
Vision:

To be the premier chamber of commerce, leading the way for others.

Mission:

It is the mission of the Irwindale Chamber of Commerce to build solid relationships and provide quality services which support chamber members and businesses, in order to promote the economic vitality of the community.

Catalyst for Business Growth and a Strong Local Economy Convener of Leaders and Influencers
Champion for a Strong Community

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2 Irwindale Chamber of Commerce
2024/25 Business Plan
The Irwindale Chamber of Commerce is committed to continue its mission to build relationships and provide quality services which support chamber members and the business community which will promote the economic vitality of our community and region. To that end, the Chamber will pursue its Business Plan as outlined.

The Chamber’s program of action and business plan incorporates 3 main initiatives:
➢ To be a catalyst for business growth
➢ To be a convener of leaders and influencers
➢ To be a champion for a strong community
1) The Irwindale Chamber of Commerce is a Catalyst for Business Growth and a Strong Local Economy
The Chamber will continue and expand efforts to improve and enhance the Irwindale business climate through business promotion and marketing; relevant and effective networking opportunities; and effective and collaborative business alliances with business, government, and non-profit agencies.

A. Networking Breakfast
Collaborate with the City of Azusa Chamber of Commerce and the Baldwin Park Business Alliance to implement bi-monthly networking breakfasts which provide an opportunity where business owners and representatives connect with each other, promote their business through a 30-second commercial (“elevator speech”), highlight business achievements and gain important information about the local business environment. The popular networking breakfast offers members the opportunity to network, generate leads, develop camaraderie with other businesses, and in turn develop relationships. People prefer to do business with people they know, these events help stimulate business among Chamber members of the 3 cities. This partnership aims to triple the attendance. (After the COVID period, GMIs have decreased to a fraction of the previous years (25-35%)) and additionally contribute to cost sharing of labor and increase the marketing and promotion venues.

The breakfasts will continue to be held in different locations as a way for more of our restaurant and catering members to gain exposure, and to highlight certain member businesses that wish to host the event at their business location. (This is planned to take place bi-monthly, during the month without workshops/training.) Locations will be between the 3 collaborating cities of Irwindale, Azusa, and Baldwin Park.

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3 B. Membership Luncheons
Several Membership Networking luncheons will be presented each year providing an additional opportunity for business owners and representatives to connect with each other, promote their business through self-introductions and hear speakers discuss topics that will help them succeed.

Luncheons held during the year will include:
❖ Legislative Leadership Luncheons – With the quickly changing economy after the COVID period, the business community is facing additionally challenges while still recovering from effects of the extended lock down. As such, it is important the Chamber redouble its efforts in advocating on behalf of our members. We will continue the Legislative Leadership Luncheon on a quarterly basis to allow for the business community at large to engage closely with legislators to remain informed on and have a voice in the forming of relevant policies. The luncheon events will feature a key public official from either the State, Federal or County level that updates attendees on key issues of the day, followed by a Q&A session. ❖ Holiday Luncheon and Milestone Member Celebration (December) – This end-of-the-year event offers members a festive networking opportunity during a holiday-themed luncheon.

The Chamber also uses this occasion to recognize membership longevity. Members celebrating a milestone anniversary with the Chamber (recognized in five-year increments) will be featured and given a plaque.
❖ Honoring First Responders Appreciation - The Chamber will continue to celebrate the tireless work of our community’s First Responders during the Fall season. This year, we will be putting together special appreciation luncheon for our Irwindale Police, Fire, Sherriff, and Paramedic stations.

C. “Good News” about Irwindale Business
Through social media and e-newsletters and e-blasts, the Chamber provides news about member businesses that highlight positive accomplishments and new products and/or services. Monthly enewsletters share important content from federal, state, and local agencies and various news sites that impact business. E-blast features special news, deals and promotions by/for member businesses and Chamber events and resources for Chamber members. E-blast are sent out weekly or as needed for event reminders to a list of 1800 recipients.

D. Business and Member Directory
The Chamber website provides an online business directory featuring all its members. Members are provided two business listings on the website, a page of their website and a free hotlink to their full company website.

E. Ribbon Cuttings/Grand Openings
The Chamber, in collaboration with the City’s Economic Development Department, offers ribbon cuttings/grand opening events for new businesses and existing business that have recently completed an expansion, relocation, or remodel.

F. Membership/Customer Sustainability
Continue to grow membership and retain members and customers through relevant programming,

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4 service and product mix that provides relevant benefit and value. ➢ Cornerstone Club Membership
Identify and recruit key businesses in the Irwindale and surrounding region for the elite Cornerstone Club membership level. Members of the Cornerstone Club go above and beyond in providing both financial and human resources to Chamber programs.
➢ CEO Visits
The Chamber CEO will conduct member visits monthly to learn more about their needs and how to better support the operation.
➢ Business Ambassadors
This committee markets the value of the Chamber, participates at all Chamber events as “greeters” and “connectors.” Ambassadors also provide background support in event planning. • Business Ambassador Walks/Outreach
The Business Ambassadors provide outreach to members. Member businesses are contacted 2 months prior to expiration to solicit renewal and help resolve any outstanding challenges.

The Ambassadors also coordinate with the CEO on member visitation. ➢ Member Orientation
The Chamber conducts monthly orientations for new members explaining benefits and opportunities for them to get involved and gain the most value from their membership. ➢ Certificate of Origin
The Chamber of Commerce provides exporters Certificates of Origin service, upon request.

G. Support Business Education and Excellence
The Chamber will continue and grow programming to assist in the expansion and success of existing businesses through training, education, information and resources. ➢ In-Person and/or On-line Training and Workshops
The Chamber commits to providing 5 trainings per year, in collaboration with the Azusa Chamber and the Baldwin Park Business Alliance. Annual topics to be conducted include Mandatory Sexual Harassment and Labor Law Update, while other topics will be discussed jointly with the 2 collaborating entities.
➢ Alliances and Partnerships
The Chamber partners with the Small Business Development Center, SCORE, the San Gabriel Valley Economic Partnership, local chambers, the city of Irwindale, the CalChamber, local educational institutions and other organizations for the purpose of providing resources, information and assistance to local businesses.
➢ E-Waste Event – The Chamber will continue to sponsor three (3) E-Waste recycling events during the year (while the City of Irwindale will sponsor 1 event). ➢ Chamber Publications and other Communications

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5 o The Chamber will produce bi-monthly e-newsletter with resource articles and information of benefit to local businesses. The publication is sent electronically to an audience of 1800 email recipients. The Spotlight Article features new members with a short article. keep recipients informed about member news, events and special deals, about news impacting business and the economy, about Irwindale Chamber events and meetings. o The Chamber utilizes social media (Facebook, Twitter, Instagram, LinkedIn) to regularly promote Irwindale, the Chamber, Chamber members and other business relevant news. o The Chamber website will be updated bi-annually (2x/yr.) to provide the best vehicle to obtain information about the Chamber, the business and the greater Irwindale community. ➢ Recognition for Excellence
Each year the Chamber recognizes business excellence in the following ways:
o Business of the Month – Each month one business is recognized for their contributions to the economy and to the community. The business is highlighted in the Chamber’s e-newsletter, website, and at the monthly City Council meetings.
o Board of Directors Installation & Annual Awards Ceremony The Chamber’s Board Installation and Annual Awards ceremony is held in February. The event features the installation of the incoming board of directors, awards honoring:
• Small Business of the Year,
• Employee of the Year,
• Non-profit of the Year,
• The Sarah Parker Business Ambassador of the Year,
• The Joe DiShanni Business of the Year Award
• The Spirit of the Chamber
*********
2) The Irwindale Chamber of Commerce is a Convener of Leaders and Influencers A. Business Advocacy
The Chamber will continue and enhance efforts to be a strong legislative advocate for the business community by having effective relationships and ongoing communications with local, state and federal elected officials.
➢ Legislative Affairs
The Chamber will track key state and federal legislation that impacts business and the economy. Where appropriate and meets the policy platform of the Chamber, it will take positions on selected pieces of legislation. The Chamber will be relaunching its Legislative Affairs Committee to help undertake these efforts.
➢ San Gabriel Valley Legislative Coalition

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6 The Chamber will continue as a participant with this group of San Gabriel Valley area local chambers in reviewing legislation that affects the regional business community and economy. ➢ Legislative Leadership Luncheons (3 times a year)
Held quarterly, the Irwindale Chamber highlights an elected official (or panel of) or a public policy official (county/state/federal) that updates attendees on key issues of the day. ➢ Legislative Briefings and Events
The Chamber CEO and selected board members will represent the Irwindale Chamber at the various legislative briefings and events for the purpose of receiving information that may be helpful to the membership.
➢ Inform/Alert Membership
The Chamber communicates through all media, key legislative information, action alerts and resources to the membership.
➢ Irwindale City Council and Key Irwindale Staff Outreach The Chamber will cooperate closely with the Irwindale City Council and key community/economic development staff in joint efforts to provide a business-friendly environment. The Chamber will maintain open communications with the city and share ideas and key concerns facing the business community. It will work with the city to address and alleviate problems and concerns.

B. Economic Development/Workforce Development
Partner with the City of Irwindale in its efforts to promote the city as a positive place to locate and/or expand a business.
➢ Community Picnic/Local Hire Job Fair - This will be the third year this event will be held in partnership with the City of Irwindale. The aim is to connect residents and local job searchers with Irwindale-based businesses. Residents will be treated to a picnic lunch while offered the opportunity to meet with representatives from Chamber Member business that are looking for local hires. Businesses will have the opportunity to set up an informational booth where they can provide prospective candidates with information on current job openings. ➢ Business Expo & Taste of Irwindale events – The Chamber proposes to partner with the city on this year’s Business Expo and Taste of Irwindale events, to be held this summer as part of the city’s Concert in the Park.
➢ Irwindale Chamber Economic Development Program and On-line Community Welcome Center To promote our entire business community, the Irwindale Chamber of Commerce offers an Economic Development Program and On-line Community Welcome Center as part of our website.

This platform will help our community and our member businesses improve their ability to advertise and promote their businesses. This platform will provide Irwindale visitors and residents a focused search experience, void of essentially all outside advertising, and will include ALL BUSINESSES, not just the members of the Chamber so it will help promote our ‘buy local’ initiatives. The site will be branded as the Official Irwindale Community Search Engine. • Industry forums: The Chamber will work with new member, Dream Style/Reborn, on putting on a Manufacturing Day to expose high school and technical school students to the

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7 many functions and career options in the industry.
➢ Website Links
The Chamber maintains a page on their website highlighting the city and providing links to key city departments.
➢ Economic Profile
The Chamber and the City will partner to ensure that a current Economic Profile is available online on both the Chamber and City’s website. In addition, the Chamber will work with the city in their efforts to produce an updated marketing piece for the city. ➢ Marketing the Good News
The Chamber continues to provide positive stories about Irwindale and highlight its positive attributes which lend themselves to a business wanting to locate and/or expand their facility in Irwindale.
*********
3) The Irwindale Chamber is a Champion for a Strong Community The Irwindale Chamber continues to support a strong local community and quality of life for Irwindale’s residents through Chamber involvement and promotion of positive Irwindale community events and news.

A. Irwindale Education Fund (IEF)
The Chamber continues to participate with the IEF by inviting the business community to be active and generous participants of the IEF. The Chamber also manages the IEF website.

B. The Non-Profit Alliance/Spirit of Giving Campaign
The Chamber provides promotional opportunities and events for several local Not for Profit Organizations annually. The Chamber formed a committee called the Non-Profit Alliance in 2015, comprised of over 22 non-profit members who are interested in developing a platform to provide a more cohesive message to the general business community. The Chamber supports this objective through the Alliance. The Spirit of Giving Campaign is designed to provide additional exposure for all nonprofit charities and to actively encourage member businesses to contribute to these various causes and efforts that have a positive effect on our regional community.

C. Partnering with Irwindale Events
The Chamber will continue to partner with the city on projects and events that benefit the City’s business and residential community. The Irwindale Chamber will continue to actively market and promote city related events and activities on its website and newsletter. ____________________________________________________________________________

GOVERNANCE AND SUSTAINABILITY
The Irwindale Chamber of Commerce is governed by a 17-member board of directors from member companies, representing both large and small businesses. The membership includes businesses from inside and outside Irwindale city limits.

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8 Staffing:

The Chamber staffing structure is currently composed to 2 full time staff and 1 half time staff. Full time positions include 1 Chief Executive Officer and 1 Membership & Events Manager. Half time positions include a 20-hour per week Communications Coordinator/Staff Assistant and half time Member Administration and Events Sponsorship contractor. The chamber outsources its IT and HR support functions.

For the upcoming fiscal year 2024/5, the following changes are proposed:
- CEO/President (same functions) – Salaried.
- Membership administration; Event Sponsorship) – hourly PT contractor. - Communications Coordinator/Staff assistant – hourly at 25 hours per week.

Facility:

The Chamber currently leases space at 5155 Irwindale Ave, Irwindale from Absolute Security International.

The space accommodates only 1 person. The Chamber is looking to expand upon budget increase in the future.

Equipment:

To decrease monthly cost and upgrade our antiquated system, the Chamber shifted from leasing its electronic equipment to purchasing up front. The office transitioned from PC/Android based to Mac based systems for both computer and phone equipment.

Enhance Chamber Resources and Financial Sustainability:

The Chamber will strive to provide adequate resources to meet the needs of the organization and its services to members. The Chamber Board seeks to align its goals and budget to advance the mission of the Chamber. The Chamber reviews its membership investment schedule and other revenue streams as well as its expenses regularly to ensure that the organization is maintaining financial growth and stability to achieve its mission. The Irwindale Chamber receives funding from several sources:
➢ Membership Dues Investment – Businesses pay an annual membership investment which is based on a modified tiered schedule. Members include businesses from inside and outside the city of Irwindale. Recruitment and retention of members is a primary objective of the Chamber. ➢ Contract with the City of Irwindale – The Irwindale Chamber and city of Irwindale maintain an annual contract which is based on fees for services rendered on behalf of the city and community.

Currently the contract provides $30,000 annually to the Chamber. The Chamber proposes for the upcoming fiscal year to increase this amount to $66,000 to contribute to staff and professional events planning fee.
➢ Products and services:
▪ Certificates of Origin
▪ Advertising opportunities in the monthly newsletter, website, and telephone, software subscription

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9 ➢ Sponsorships – The Irwindale Chamber receives sponsorship revenue for its events from various businesses.
➢ E-Waste Recycling – The Irwindale Chamber gets a commission for recycled material collected on its annual E-Waste Recycling Day. The Chamber proposes to increase this to 3 times per year, on a quarterly basis, and donate one event’s income to the IEF. ➢ Special Fundraising Events –
• Designer Handbag Bingo – This event is planned for September 2024 • Holiday Luncheon & Milestone Member Celebration – planned for December 2024 • Board Installation & Annual Awards Ceremony – planned for February 2025 • Annual Golf Tournament – This event is planned for May 13, 2025. • Community Picnic/Local Hire Job Fair – This event is planned for June 25, 2025 *********
Irwindale Chamber of Commerce
(626) 960-6606
www.irwindalechamber.org
[email protected]
Staff
Lily Phan, President & CEO
Ashley Bendanillo, Communications Coordinator/Staff Assistant Liz Soto, PT Contractor – Member Administration and Event Sponsorship Specialist

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Item #21.B.

Date: June 12, 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. 2024-39-3516 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RESCINDING RESOLUTION NO. 2024-30-3507 AND APPOINTING A MEMBER TO THE PLANNING COMMISSION OF THE CITY OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY" 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

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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.

At the meeting of May 22, 2024, the City Council appointed applicant Teresa Ortiz to fill the unscheduled vacancy by on the Planning Commission by adopting Resolution No. 2024-30-3507. On Tuesday, May 28, 2024, Ms. Ortiz advised the City Manager that she was declining the appointment.

At the special meeting of the City Council held on May 29, 2024, staff was directed to bring forward the previous applications submitted for consideration of appointment.

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 to the vacancy on the Planning Commission:

Melissa Carlson
Marguerite Lopez-Sapien
Joseph Tapia
Nathan Romero
Dominique A. Reyes
Casey J. Miranda

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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

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01005.0001/988002.1 Resolution No. 2024-39-3516

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RESOLUTION NO. 2024-39-3516

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE RESCINDING RESOLUTION NO. 2024-30-3507 AND

APPOINTING A MEMBER TO THE PLANNING COMMISSION OF THE CITY

OF IRWINDALE TO FILL AN UNSCHEDULED VACANCY
WHEREAS, on March 6, 2024, the City of Irwindale learned of the untimely passing of Planning Commissioner David “Chico” Fuentes, subsequently creating an unscheduled vacancy on the Planning Commission; and
WHEREAS, on March 26, 2024 the City Clerk’s office posted a Notice of Unscheduled Vacancy at City Hall, the Irwindale Library, and Post Office, and mailed a citywide notice to all residents; and
WHEREAS, at the City Council meeting of May 22, 2024, the City Council adopted Resolution No. 2024-30-3507, appointing Teresa Ortiz to the unscheduled vacancy on the Planning Commission; and
WHEREAS, on May 28, 2024, Ms. Ortiz advised that she was declining the appointment to the Planning Commission; and
WHEREAS, at the special meeting of May 29, 2024, the City Council directed staff to bring forward the previously submitted applications for consideration of appointment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby rescinds Resolution No. 2024-30- 3507 in its entirety.

SECTION 2. 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 3. 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.

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Resolution No. 2024-39-3516

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PASSED, APPROVED, and ADOPTED this ____ day of ________, 2024. _________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2024-39-3516 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

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Item #21.C.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration Of A Resolution of the City Council of the City of Irwindale Approving a Form Reimbursement Agreement to be Used in Relation to Development Projects Within the City and Authorizing the Execution Thereof by the City Manager Subject to City Attorney Approval as to Form
Executive Director's Recommendation:

That the City Council of the City of Irwindale adopt Resolution No. 2024-41-3518 entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A FORM REIMBURSEMENT

AGREEMENT TO BE USED IN RELATION TO DEVELOPMENT PROJECTS WITHIN THE CITY AND

AUTHORIZING THE EXECUTION THEREOF BY THE CITY MANAGER SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM”
Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

As development in the City increases, the City’s costs relating processing land use applications will increase and, therefore, it will become necessary for the City to recover its costs relating to processing entitlements. Government Code section 66014 permits the City to charge fees for “zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications.” However, these fees generally seek to recover staff time and costs to process the applications and “may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” (Government Code section 66014(a)).

However, some projects require involvement from the City Attorney’s office and/or consultants to perform a more detailed environmental review for compliance with the California Environmental Quality Act. Additionally, the City may need to defend litigation aimed to invalidate project-related approvals from the City. In these cases, the standard fees on the City’s fee schedule would not cover these City costs. As will be discussed below, the City Attorney is recommending that the City Council adopt a policy whereby the City Manager would have authority to enter into reimbursement agreements, subject to City Attorney approval, to recover these additional costs in support of a land use project.

The City Attorney’s office has prepared a form reimbursement agreement (“Form Agreement”), which is attached to this report. In general, the Form Agreement provides for a deposit-based process in which the developer will be required to maintain a deposit of funds (in an amount that is agreed upon) that the City may utilize for its related costs. The Form Agreement includes the following provisions:

1. The developer is responsible for the City’s costs related to their development project, which includes staff time, consultant fees, and attorneys’ fees.

2. Requires that the developer maintains a minimum balance in the deposit. The purpose of this is to avoid a situation where the deposit contains no funds.

3. Requires the developer to indemnify, protect, defend, and hold the City harmless from claims and liabilities arising from their development project.

4. Requires that the City maintain an accounting of any deposits and City costs paid using the deposits. An accounting may be provided to the developer upon written request.

Additionally, the City Council is also requested to authorize the City Manager to execute the Form Agreements substantially in the form as attached to this report on behalf of the City, subject to the City Attorney’s approval as to form. Reimbursement agreements for a city’s costs incurred in relation to a development project are typically routine in nature with other cities. This authorization will ensure that the processing of development projects will be efficient and ensure the City is promptly reimbursed for its costs and is protected in the event of a lawsuit.

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Fiscal Impact:

The City will recover costs associated with any further development project, including staff time, consult fees and attorneys’ fees.

Attachments:

1. Resolution - Form Reimbursement Agreement

2. Form Reimbursement Agreement

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01005.0001/966234.1 Resolution No. 2024-41-3518

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RESOLUTION NO. 2024-41-3518

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A FORM REIMBURSEMENT AGREEMENT TO BE USED

IN RELATION TO DEVELOPMENT PROJECTS WITHIN THE CITY AND

AUTHORIZING THE EXECUTION THEREOF BY THE CITY MANAGER

SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM
WHEREAS, as development in the City of Irwindale (“City”) increases, the City’s costs relating to the processing of land use applications will increase such that it is desirable to implement a method by which the City may adequately and consistently recover its related costs; and
WHEREAS, Government Code section 66014 permits the City to charge fees for “zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications;” however, these fees generally seek to recover staff time and costs to process the applications and “may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” (Government Code section 66014(a)); and
WHEREAS, some projects require involvement from the City Attorney’s office and/or consultants to perform a more detailed environmental review for compliance with the California Environmental Quality Act; and
WHEREAS, in other cases, the City may need to defend litigation aimed to invalidate project-related approvals from the City; and WHEREAS, in these cases where the City Attorney, consultants, and/or litigation is involved, the standard fees on the City’s fee schedule would not be sufficient to recover these City costs; and
WHEREAS, it is desirable to adopt cost recovery mechanisms so as to minimize the impact of additional land use applications upon City services and to adopt mechanisms that protect the City in the event of litigation; and WHEREAS, the City Council therefore desires to approve a form reimbursement agreement (“Form Agreement”) to address the aforementioned concerns consistent with the authority under Government Code section 66014; and
WHEREAS, the City Council intends to make the Form Agreement an integral part in the processing of land use applications (where applicable); and WHEREAS, without City Council authorization the execution of the Form Agreement will require City Council approval in every instance; and WHEREAS, in order to ensure the integrated and streamlined processing of land use applications, the City Council further desires to authorize the City Manager to execute such Form Agreements subject to the City Attorney’s approval as to form.

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01005.0001/966234.1 Resolution No. 2024-41-3518

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

Section 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.

Section 2. The City Council hereby finds that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, section 15378(b)(4).

Section 3. The Form Agreement is hereby approved in substantially the form as attached in Exhibit A for use in conjunction with the processing of land use applications.

The City Attorney is hereby authorized to update the Form Agreement as needed.

Section 4. Subject to the City Attorney’s approval as to form, the City Manager is hereby authorized to utilize, negotiate and execute the Form Agreements that are necessary for the processing of land use applications in the City. In determining whether to utilize the Form Agreement for a particular land use application, the City Manager shall consider the size, scope, and costs of such land use applications. Nothing in this Resolution is intended to require the use of the Form Agreement in every instance and may be modified consistent with the project at issue.

Section 5. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 12th day of June 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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01005.0001/966234.1 Resolution No. 2024-41-3518

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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. 2024-41-3518 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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01005.0001/966234.1 Resolution No. 2024-41-3518

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Exhibit A
Form Agreement

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01005.0018/988544.1

REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT (“Agreement”) is executed this ____ day of _______________, 2024 (“Effective Date”), by and between the CITY OF IRWINDALE, a California municipal corporation (“City”), and _________________, a ________________ (“Developer”). City and Developer may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
WHEREAS, Developer has submitted to City an application for a __________ to develop ______________ (“Project”); and
WHEREAS, ___________; and
WHEREAS, Pursuant to California Environmental Quality Act ("CEQA"), the Project must be reviewed by City for potential additional environmental impacts. Environmental analysis is required under CEQA for land use entitlements. An Initial Study will be prepared, as part of the preparation of an Environmental Impact Report (EIR) for the Project. City will retain the services of outside consultants due to the nature and scope of the Project; and WHEREAS, City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer’s application for the Project, the preparation of the EIR for the Project and the reimbursement of the costs associated therewith.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1. Incorporation of Recitals. The Parties hereby incorporate the Recitals as though fully set forth herein.

2. Developer Responsibility for City Costs. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City’s undertaking of the planning, design, and permitting for the Project, including processing and negotiating any permits, entitlements and proposed conditions of approval for the Project.

Developer’s reimbursement shall be inclusive of any City efforts to facilitate the review and approval of the Project by other agencies, as may be needed, and the processing of approvals which, depending on the nature of the approvals, may or may not include an analysis and approval required under CEQA laws and regulations (the “City Costs”). City Costs include, but are not limited to: (a) City Attorneys’ fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Project,

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2 and for the processing of Project approvals, (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the processing, planning, design, and permitting for the Project; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project-related infrastructure; (e) all costs related to investigations of the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the Project. Developer’s obligation to deposit and reimburse City Costs are in addition to Developer’s duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.

2.1 Deposit. In furtherance of the foregoing, Developer has or shall, within ten (10) days of the Effective Date, deposit with City an initial sum of ___________ Dollars and ______ Cents ($_______) against which any City Costs will be drawn down (“Deposit”). The Deposit represents City’s best estimate of Developer’s ultimate financial obligation to City under this Agreement. At no point in time shall the minimum balance of the Deposit fall below ___________ Dollars ($_______) and Developer shall make such additional deposit(s) required under Section 2.2, below.

2.2 Additional Deposits by Developer. Developer shall make additional deposits to the City within ten (10) days of City’s written request to the Developer up to an additional aggregate amount not exceeding ___________ Dollars ($________). City’s written requests for additional deposits shall state what costs have been incurred to date, additional costs anticipated, and how City intends to apply any needed additional Developer deposits. If deposited sums exceed the costs incurred by City, City shall refund the difference as soon as City determines the amount of such excess.

2.3 City’s Right to Cease Work. In the event that Developer does not promptly pay or reimburse the City Costs, including by failing to reimburse amounts incurred or timely pay any additional requested deposits, City may immediately cease all work related to or concerning the approvals, entitlements, and/or the Project, and may take such further action as City deems appropriate, including deeming any Developer application(s) abandoned and any development permit issued by City to Developer null and void.

2.4 Interest on Deposit. Any amounts deposited by Developer shall be maintained by City in an interest-bearing account of City’s choice, and may be co-mingled with other City funds in such account. Interest accruing upon any such deposits shall inure to and be created for the benefit of City.

2.5 Accounting. City shall keep an accounting of the City Costs and all deposits made by Developer. Upon written request, City shall provide statements of these accounts to Developer, which shall include descriptions of the City Costs, including the date, amount, and the type of activity for which the cost was incurred. Failure of City to provide any accounting shall not excuse Developer’s duty to perform any act, including the duty to make full and timely deposits required under this Section 2. Developer may question or challenge any use of funds set forth in the accounting and may appeal same to the City Council.

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3 2.6 Unexpended Funds. Upon completion of City’s assistance in connection with Developer’s completion of the Project, the granting or issuance of all necessary Project approvals or entitlements, the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the approval or entitlements, then upon the resolution of such challenge, City shall return any then-unexpended portion of the deposit to Developer, without interest, less an amount equal to any unpaid expenses previously incurred by the City.

3. Additional Taxes, Fee, and Charges. Notwithstanding any provision to the contrary, Developer shall pay all normal and customary fees and charges applicable to all permits, approvals, and entitlements necessary for the Project, and any taxes, fees, and charges hereafter imposed by City, which are standard and uniformly-applied to similar projects in the City.

4. City Release; Expiration. This Agreement shall expire three (3) years after the Effective Date unless Developer has outstanding reimbursement obligations to the City at such time or City reasonably determines that the Project has not been abandoned and/or City will incur additional reimbursable costs after such date, in which event this Agreement will be automatically extended for additional one (1) year terms until Developer has reimbursed all City Costs.

5. Remedies. In the event of a breach by Developer, City may, in addition to any other remedies, seek to recover the City Costs plus reasonable attorneys’ fees in enforcing this Agreement. This provision will not be interpreted to curtail any of City’s remedies at law or equity against Developer for any violation of its codes, nor shall it be interpreted as a waiver of any defense of Developer.

6. Conflicts of Interest.

6.1 No Financial Relationship. Developer acknowledges the requirements of Government Code Sections 1090 et seq. (the “1090 Laws”) and warrants that it has not entered into any financial or transactional relationships or arrangements that would violate the 1090 Laws, nor shall Developer solicit, participate in, or facilitate a violation of the 1090 Laws.

6.2 Developer’s Representations and Warranties. Developer represents and warrants that it is duly authorized to do business in the State of California.

Developer further represents and warrants that, for the 12-month period preceding the Effective Date of this Agreement, it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code sections 87100 et seq.).

7. Developer Acknowledgements. Subject to the reimbursement obligations set forth in this Agreement, Developer acknowledges and agrees that, with respect to the work concerning the Project, approvals, and entitlements:

7.1 City has sole discretion to select which of its employees and contractors are assigned to the work.

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4 7.2 City has sole discretion to direct the work and evaluate the performance of the employees and contractors assigned to the work, and City retains the right to terminate or replace at any time any such person.

7.3 City has sole discretion to determine the amount of compensation paid to employees or contractors assigned to the work.

7.4 City, not Developer, shall pay employees and contractors assigned to the work from a City account.

8. Indemnification and Hold Harmless.

8.1 Agreement Not Liability or Debt of City. The Parties acknowledge that there may be challenges to the legality, validity and adequacy of this Agreement, approvals, entitlements, the Project itself, or other City actions related to the same. If such challenges are successful, such challenges could delay or prevent the performance of this Agreement, approvals, entitlements, or implementation of the Project. City shall have no liability whatsoever for the inability of Developer to obtain the approvals or entitlements, implement the Project, as the result of any judicial determination that some or all of approvals, entitlements, the Project or any other City action related to any of the same are invalid or inadequate or not in compliance with law. No official, officer, employee or agent of the City shall be personally liable hereunder to any extent. The Parties further acknowledge and agree that this Agreement is not a debt of the City. The City shall not in any event be liable hereunder other than to return the unexpended and uncommitted portions of the deposit as provided in Section 2.6 above, and to provide an accounting under Section 2.5 above. The City shall not be obligated to advance any of its own funds for any reason whatsoever.

8.2 Indemnification. Developer agrees to indemnify, protect, defend, and hold harmless the City and its officials, officers, employees, agents, elected boards, commissions, departments, agencies, and instrumentalities thereof, from any and all actions, suits, claims, demands, writs of mandamus, liabilities, losses, damages, penalties, obligations, expenses, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures) asserted by third parties against the City that challenge, or seek to void, set aside, or otherwise modify or annul, the action of, or any approval by, the City for or concerning this Agreement, approvals, entitlements, the Project, or any other City action related to any of the foregoing (including, but not limited to, reasonable attorneys’ fees and costs) (herein the “Claims and Liabilities”) whether such Claims and Liabilities arise under planning and zoning laws, the Subdivision Map Act, CEQA, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. In the event any action for any Claims and Liabilities is brought against the City and/or related parties, upon City’s notification to Developer of the pendency of a claim or suit, Developer shall make a minimum deposit sufficient to pay all of Developer’s indemnification obligations for the following ninety (90) days, which includes legal costs and fees anticipated to be incurred as reasonably determined by the City. Developer shall make deposits (“Indemnity

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5 Deposit”) required under this section within five (5) days of the City’s written request. At no point during the pendency of such claim or suit shall the minimum balance of the Indemnity Deposit fall below One Hundred Thousand Dollars ($100,000).

If Developer fails to timely pay such funds, the City may abandon the action without liability to Developer and may recover from Developer any attorneys’ fees and other costs for which the City may be liable as a result of abandonment of the action. It is expressly agreed that the City shall have the right to utilize the City Attorney’s office or use other legal counsel of its choosing. Developer’s obligation to pay the defense costs of the City shall extend until final judgment, including any appeals. City agrees to fully cooperate with Developer in the defense of any matter in which Developer is defending and/or holding the City harmless. The City may make all reasonable decisions with respect to its representation in any legal proceeding, including its inherent right to abandon or to settle any litigation brought against it in its sole and absolute discretion, and City’s reasonable decision to settle or abandon a matter, including but not limited to following an adverse judgment or failure to appeal, shall not cause a waiver of the City’s indemnification rights. Any decision by the City to settle litigation shall not, without the written consent of Developer, bind Developer. City shall discuss litigation strategy with Developer in good faith, but shall retain absolute discretion to make strategy decisions.

8.3 Exception. The obligations of Developer under this Section shall not apply to any claims, actions, or proceedings arising through the sole negligence or willful misconduct of the City, its members, officers, or employees.

8.4 Period of Indemnification. The obligations for indemnity under Section 8.2 shall begin upon the Effective Date and shall survive termination or expiration of this Agreement.

9. Developer’s Rights Concerning Review of Documents. City shall give Developer at least ten (10) days’ notice along with copies of any proposed contract with a Consultant and related documents so that Developer shall have the opportunity to provide comments or objections thereto, prior to the City finalizing, filing, or otherwise releasing any of the foregoing. The City shall also provide Developer with draft copies of all other reports and studies funded through this Agreement. Developer may discuss issues with the City or its consultants and may make comments orally or in writing. The City shall also use reasonable efforts to permit Developer's review with respect to agendas and staff reports for all open City Council, Planning Commission and other public body meetings at which the Project or related matters are to be considered, and by providing Developer with draft copies thereof prior to or concurrently with the transmission of such documents to the appropriate body. It is expressly understood that any and all City consultants retained hereunder are under contract solely with the City, and the City is free to disregard the comments of Developer and exercise its independent judgment in making payments to the Consultant or revising or accepting the Consultant’s work product, without any liability whatsoever to Developer therefor.

10. No Obligation to Approve Project. The provisions of this Agreement shall in no way obligate City to grant any approvals or take any particular action related to an application for any approvals. City reserves full police power authority over the Project and makes no

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6 representations or warranties with respect to approvals required from City or any other governmental entity. Nothing in this Agreement shall be deemed to be a prejudgment, commitment or guarantee that any approvals or permits will be issued.

11. Assignment. Developer may not assign this Agreement to any other entity unless agreed to in writing by City and upon proof of the financial viability of the successor entity to fulfill the Agreement’s obligations. City’s consent to assignment shall not be unreasonably withheld.

12. Relationship Between the Parties. The Parties agree that this Agreement does not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Nothing herein shall be deemed to make Developer an agent of City.

13. Authority to Enter Agreement. Developer warrants that it has the legal capacity to enter into the Agreement. Each Party warrants that the individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

14. Notices. All notices, demands, invoices, and communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To City: City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Attn: Julian Miranda, City Manager
Copy to: Aleshire & Wynder, LLP
1 Park Plaza Suite 1000
Irvine, CA 92614
Attn: Adrian Guerra, City Attorney
Email: [email protected]
To Developer: [name of company]
[address line 1]
[address line 2]
Attn: _____________________
Email: ____________________
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; by U.S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. Mail; and by email, upon the sender’s receipt of an email from the recipient acknowledging receipt.

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7 15. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

16. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified, any term referencing time, days, or period for performance shall be deemed calendar days and not business days, provided, however that any deadline that falls on a weekend or holiday shall be extended to the next City business day. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, appointed boards and commissions, officers, employees, agents, and volunteers. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

17. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

18. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

19. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

21. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and shall be construed so as to effectuate the intent of the Parties.

22. Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of

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8 the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure section 394.

23. Time is of the Essence. Time is of the essence with respect to this Agreement.

24. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.

25. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer with respect to the subject matter of this Agreement. [SIGNATURES OF PARTIES ON NEXT PAGE]

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9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF IRWINDALE, a California municipal corporation
By:_________________________________
Julian A. Miranda, City Manager
ATTEST:

By:

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

By: ____
Adrian R. Guerra, City Attorney

DEVELOPER:
___________________, a _________________
By:____________________________________
Name:

Title:

By:____________________________________
Name:

Title:

Two corporate officer signatures required when Developer is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. DEVELOPER’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

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01005.0018/988544.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01005.0018/988544.1 11

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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Item #22.A.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Public Hearing for Irwindale Business Center Sewer and Street Lighting Maintenance Assessment Districts
City Manager's Recommendation:

1. Conduct a Public Hearing; and

2. Adopt Resolution No. 2024-43-3520 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-2025, BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR MAINTENANCE,

OPERATION, AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION AND SEWAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; and

3. Adopt Resolution No. 2024-44-3521 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR MAINTENANCE OF STREET

LIGHTING LOCATED WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT.”
Administrative Action:

Submitted by:

Kambiz Borhani, Finance Director / City Treasurer
Prepared by:

Jeanette Duran, Finance Manager
Reviewed by:

Adrian R. Guerra, City Attorney

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Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On or about June 28, 2001, in Fiscal Year 2001-2002, the City Council of the City of Irwindale ("City Council") adopted the Sewer Maintenance District (Irwindale Business Center) and established a sewer maintenance charge for the Sewer Maintenance District for the manner of levying such charge and maximum amounts to be charged for the fiscal year pursuant to the Improvement Act of 1911 (Streets & Highways Code § 5000 et seq.) (“Act”);
Furthermore, in Fiscal Year 2001-2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) Resolution Number 2001-42-1762, to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the Street Lighting Maintenance District are appurtenant thereto within and benefiting all assessable parcels of land within the Street Lighting Maintenance District.

In order to maintain the Sewer Assessment District and the Street Lighting Assessment District, both located within the Irwindale Business Center, (each, “Assessment District” and collectively, “Assessment Districts”) and to establish the charge rate for the Fiscal Year 2024–2025 assessments, the City retained a professional engineering consulting firm for the preparation of the Engineer's Report for each Assessment District. The Engineer's Report for the Irwindale Business Center Sanitation and Sewage System is prepared in accordance with the methodology stated in Section 5473 of the Health and Safety Code. The Engineer's Report for the Irwindale Business Center Street Lighting Maintenance District is prepared in accordance with the methodology stated in Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, beginning with section 22565 et seq.

1. The proposed assessments will defray the City’s costs in the administration of the Assessments Districts. The property owner will have an opportunity to address the City Council concerning the assessment district during the public hearing. Following the completion of the public hearing, the City Council will vote on the property assessments for the street lighting and sewer maintenance charges for Fiscal Year 2024-2025 and instruct the County Assessor’s office about the collection of tax bills.

2. Copies of the two approved Engineer’s Reports are included with the Resolution for each Assessment District.

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a. The Sewer Maintenance District's anticipated assessment levy is $1,516.69 per Benefit Unit for FY 2024/2025, which is based on the estimated cost of operations, maintenance, and future lift station replacement for that year.
b. The Street Lighting Maintenance District assessment to be levied is based upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from the streetlight maintenance. The Assessment per Benefit Unit is $149.15.

3. The Public Hearing for the Irwindale Business Center Sewer Maintenance District and Irwindale Business Center Street Lighting Maintenance District have been duly noticed in accordance with applicable laws. Following the completion of the respective Public Hearing, it is recommended that the City Council adopt the corresponding resolutions.

Fiscal Impact:

All costs for the maintenance and administration of the two Assessment Districts are budgeted and accounted for in the City’s Irwindale Business Center Assessment District Funds 44 and 45. There is no impact on General Fund expenditures, and there is nominal revenue reimbursed to the General Fund as administrative overhead for staff time allocated to the two assessment districts.

Attachments:

1. FY 2024-25 Sewer Maintenance District - Engineer's Report

2. FY 2024-25 - Street Lighting Maintenance District - Engineer's Report

3. FY 2024-25 - Sewer Maintenance District - Resolution No. 2024-43-3520(988613.1)

4. FY 2024-25 - Street Lighting Maintenance District Resolution No. 2024-44-3521(988616.1)

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City of Irwindale
Sewer Maintenance District
(Irwindale Business Center)

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 8, 2024
Public Hearing: June 12, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com

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ENGINEER'S REPORT AFFIDAVIT
Establishment of Sewer Maintenance Charge for the:

Irwindale Business Center
City of Irwindale
Los Angeles County, State of California
This Report identifies the parcels within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___________________________ By:__________________________ Chonney Gano Tyrone
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2024.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the _____day of________, 2024.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
Tyrone Peter
P. E. # C 8188

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Table of Contents
I. Introduction ............................................................................................................ 1 II. Description of the Improvements ......................................................................... 1 III. Estimate of Cost..................................................................................................... 2 IV. Method of Apportionment and Rate Calculator................................................... 3 V. District Assessment Diagram ............................................................................... 5 VI. 2024/2025 Assessment Roll .................................................................................. 6

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2024/2025 City of Irwindale Page 1
Sewer Maintenance Charge (Irwindale Business Center)
I. Introduction
To establish a revenue source based on benefit to property for funding the maintenance of public sewer facilities in the 116-acre private development, Irwindale Business Center, the City Council directed the City Engineer to facilitate the formation of the Sewer Maintenance Charge (Irwindale Business Center) (the “District”) under the Health and Safety Code (“H&SC”), Sections 5470 et. seq., entitled "Sanitation and Sewerage Systems" which provides a method for collecting funds for the maintenance of sewer facilities on the property tax bills. The funding supported the maintenance of a sewer system and a lift station and the future replacement of the lift station (estimated for the year 2026) in the area known as the Irwindale Business Center.

In Fiscal Year 2001/2002, the City Council of the City of Irwindale (the “City”) established the Sewer Maintenance Charge (Irwindale Business Center). The noticing and balloting requirements and other applicable provisions of Article XIIID of the California State Constitution were followed with respect to the formation of the Sewer Charge. It was determined that the sewer maintenance charge was a property-related charge and should be levied upon each parcel within the boundaries of the Irwindale Business Center. A maximum charge rate of $829.38 per benefit unit (“BU”) was established for Fiscal Year 2001/2002.

The rate imposed each year will be based on the estimated cost of operations, maintenance, and future lift station replacement for that year. For any year in which all other rates imposed under the Sewer Charge are adjusted by the change in the Consumer Price Index (“CPI”), the maximum rate will also be adjusted by the CPI.

Section 5473 of the H&SC requires this Engineer's Report (“Report”) to be prepared and filed with the City Clerk each year for the purpose of establishing the charge rate. The charge rate for Fiscal Year 2024/2025 is presented herein in accordance with the methodology as set forth below.

Following approval of this Report, the City Council will hold a public hearing to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the City Council may adopt a resolution confirming the levy of the charge as proposed or as modified.

II. Description of the Improvements
The City's existing sewer system facilities in the Irwindale Business Center include approximately 7,500 L.F. of 8" to 12" VCP gravity public sewer main and a sewer lift station, (3'-6" X 14", 1400 GPM, 75 HP dry well pumps and a 12,000 gallon wet well) built to capacity for the project.

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2024/2025 City of Irwindale Page 2
Sewer Maintenance Charge (Irwindale Business Center)
III.Estimate of Cost
The cost of operation, maintenance, servicing of the improvements and the replacement of the lift station for Fiscal Year 2024/2025, as described above, are summarized herein and described as below.

SEWER MAINTENANCE COST ESTIMATE FOR FISCAL YEAR 2024/2025 Beginning Fund Balances (07/01/2024)
Lift Station Replacement Fund Balance $521,115
Total Beginning Fund Balances $521,115
Budget Items
Annual Maintenance Cost (Sewer) $62,110
Annual Maintenance Cost (Lift Station) 10,000
Engineering & Administrative Services 20,980
District Administration 2,206
Public Notice Publication 620
Legal Fees 170
Maintenance & Administration Costs $96,086
Replace Lift Station / Bypass System(1) $76,601
Balance to Levy (2) $172,687
Total BU 110.58
Levy per BU FY 2024/2025 $1,561.69
Max Rate per BU FY 2024/2025 $1,561.6977
Estimated Ending Fund Balances (06/30/2025)
Lift Station Replacement Fund Balance (1) $597,716
Total Ending Fund Balances $597,716
(1) Annual cost for the replacement of the lift station at the end of its useful life estimated to occur in the year 2016. This cost was estimated to be $750,000 in 2000. Due to increased equipment, material, and labor costs in 2007 the Los Angeles County Maintenance Division recommended a 30% increase to this estimate to a cost of replacement of $975,000. In addition, in 2014 the Los Angeles County Maintenance Division recommended construction of a bypass system to allow for continuous operation while routine maintenance continues to be performed on the gravity sewer main. Furthermore, the replacement of the station sewer piping shall use stainless steel pipes instead of ductile iron pipes. This increased the cost from $975,000 to $1,325,000.

The replacement of the gravity sewer main was scheduled to begin in Fiscal Year 2014/2015 and was estimated to be completed in 2-3 years. As such, the total amount to collect became $1,325,000 - $825,000 (Collected through Fiscal Year 2013/2014) = $500,000 over the next 6 years starting Fiscal Year 2014/2015. Annual charge starting Fiscal Year 2014/2015 = $500,000/6 years = $83,333.33 per year. However, the City unexpectedly did emergency repair and replacement in Fiscal Year 2014/2015, as explained below, which depleted the funds. The City will continue to collect toward the Lift Station replacement to the maximum capacity allowed in order to replenish the fund.
(2) The net amount to be assessed upon assessable lands within the District being the total operating, maintaining, and servicing costs. Actual levy to the Los Angeles County will vary due to rounding.

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2024/2025 City of Irwindale Page 3
Sewer Maintenance Charge (Irwindale Business Center)
IV. Method of Apportionment and Rate Calculator
The land use for all of the parcels within the boundaries of the Sewer Maintenance Charge area as the area fully develops will be industrial. It has been determined that the sewer maintenance charge is a property related charge, and that a charge based on parcel acreage is a reasonable method for apportioning the maintenance costs. The special benefit will be expressed as a Benefit Unit (“BU”). For every parcel one benefit unit (1.00 BU) will be assigned per acre.
• Developed and undeveloped parcels will be assessed one (1) benefit unit per acre. • Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements.

The sewer lift station located on parcel 8417-036-900, the storm water detention basin on parcel 8417-027-094 which later became parcel 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the sewer system, and are exempt from the maintenance charge.

Southern California Edison has purchased parcel 8417-036-002 which became 8417- 036-800. This parcel is not exempt from the Sewer Maintenance Charge and is assessed as parcel 9014-800-001 (State Board of Equalization assigned parcel number or "SBE”).

The Fiscal Year 2024/2025 Sewer Maintenance Charge rate is calculated as follows:

The Maximum Allowable Assessment rate for Fiscal Year 2024/2025 is $1,561.6977. The rate is calculated by adjusting the maximum rate established for Fiscal Year 2001-02 of $829.38 per BU by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim, Area for the prior year (CPI April 2023 = 320.089, CPI April 2024 = 332.572, increase of 88.319% cumulatively).

Sewer Maintenance Total Costs: $172,687
Sewer Maintenance Charge Rate Fiscal Year 2024/2025:
$172,687.03 ÷ 110.58 Total BU = $1,561.69/BU
Maximum Sewer Maintenance Charge Rate: $1,561.6977/BU

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2024/2025 City of Irwindale Page 4
Sewer Maintenance Charge (Irwindale Business Center)
This maximum rate reflects the April 2023 to April 2024 CPI increase of 3.90% over last year’s maximum rate of $1,503.0798.

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2024/2025 City of Irwindale Page 5
Sewer Maintenance Charge (Irwindale Business Center)
V. District Assessment Diagram
The lines and dimensions of each lot or parcel within the Sewer Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.

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2024/2025 City of Irwindale Page 6
Sewer Maintenance Charge (Irwindale Business Center)
VI. 2024/2025 Assessment Roll
The proposed Fiscal Year 2024/2025 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.

City of Irwindale
Sewer Maintenance Charge (Irwindale Business Center)
Fiscal Year 2024/2025 Preliminary Assessment Roll
Assessor's Paracel Number Situs Address Taxable Acreage Benefit Unit Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $8,448.74 8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 6,043.74
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 10,135.37
8417-027-091 4889 4TH ST 10.73 1.0 10.73 16,756.93
8417-027-092 4821 4TH ST 3.03 1.0 3.03 4,731.92
8417-027-093 4818 4TH ST 4.77 1.0 4.77 7,449.26
8417-035-006 5091 4TH ST 15.01 1.0 15.01 23,440.97
8417-035-007 4981 4TH ST 8.03 1.0 8.03 12,540.37
8417-035-008 4982 4TH ST 2.02 1.0 2.02 3,154.61
8417-035-009 5012 4TH ST 2.14 1.0 2.14 3,342.02
8417-035-010 5082 4TH ST 5.82 1.0 5.82 9,089.04
8417-035-011 5086 4TH ST 4.66 1.0 4.66 7,277.48
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 6,512.25
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 13,555.47
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 2,795.43
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 3,092.15
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 1,116.61
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 1,842.79
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 716.82
8417-035-034 15612 ARROW HWY 0.50 0.0 0.50 780.85
8417-035-035 15642 ARROW HWY 2.22 0.0 2.22 3,473.20
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 15,495.09 8417-036-800 (1) 4777 IIRWINDALE AVE 6.98 1.0 6.98 10,895.92 Total: 110.58 110.58 $172,687.03
Parcel Count: 23
(1) Assessment for Southern California Edison's parcel was submitted under the company's SBE account 9014-800-001

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City of Irwindale
Street Lighting Maintenance District
(Irwindale Business Center)

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

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ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:

Street Lighting Maintenance District
(Irwindale Business Center)
City of Irwindale
Los Angeles County, State of California
This Report describes the Street Lighting Maintenance District including the improvements, budget, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___ ________________________ By:_________________________ Chonney Gano Tyrone Peter
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2024.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California

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Table of Contents
I. Introduction............................................................................................................. 1 II. Facilities Maintained by the District...................................................................... 1 III. Plans and Specifications ....................................................................................... 1 IV. Estimate of Cost ..................................................................................................... 4 V. Method of Apportionment of Assessment ........................................................... 5 VI. Boundary Map......................................................................................................... 9 VII. Assessment Roll................................................................................................... 10

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2024/2025 City of Irwindale Page 1
Street Lighting Maintenance District (Irwindale Business Center) I. Introduction
This Engineer’s Report ( “Report”) has been prepared pursuant to and in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the "1972 Act") which is Part 2, Division 15 of the California Streets and Highways Code and Article XIIID of the Constitution of the State of California (“Article XIIID”), in Fiscal Year 2001/2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) (“District”) to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the District are appurtenant thereto within and benefiting all assessable parcels of land within the District.

Noticing and balloting requirements and other applicable provisions of Article XIIID were followed with respect to the formation of the District. The assessment to be levied upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from street light maintenance. A maximum assessment rate of $97.29 per Benefit Unit (“BU”) was established for Fiscal Year 2001/2002. For any year in which all other rates imposed under the District are adjusted by the change in the Consumer Price Index, the maximum rate will also be adjusted by the Consumer Price Index.

II. Facilities Maintained by the District
A) Street Lighting
The public street lighting system within the proposed District boundaries is owned by the Southern California Edison Company and currently consists of 22 lights, as shown below:

No. of Lights Size in Lumens Type of Light
22 16,000 High Pressure Sodium Vapor Lamps
III. Plans and Specifications
A) Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.

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2024/2025 City of Irwindale Page 2
Street Lighting Maintenance District (Irwindale Business Center) • The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5;
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.

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2024/2025 City of Irwindale Page 3
Street Lighting Maintenance District (Irwindale Business Center) • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

The improvements are the operation, maintenance, rehabilitation and servicing of lighting and appurtenant facilities. The facilities and improvements are described as follows:

B) Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to: poles, fixtures, bulbs, conduits, and conductors, equipment including guys, anchors, posts and pedestals, metering devices, and appurtenant facilities as required to provide safety lighting and traffic signals in public rights-of-way and dedicated easements within the boundaries of the District.

The public lighting system will be maintained to provide adequate illumination.

Power for street lights will be furnished by the Southern California Edison Company, or such agency as determined by the City.

C) Operation
Operation includes, but is not limited to, the furnishing of personnel, electrical energy, materials, contracting services, administration, and other items and functions necessary for the satisfactory operation of the public lighting facilities and appurtenant facilities.

D) Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public lighting facilities and appurtenant facilities.

E) Rehabilitation
Rehabilitation means the repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities as required for their intended function.

F) Servicing
Servicing means the maintenance of any of the public lighting facilities or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.

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2024/2025 City of Irwindale Page 4
Street Lighting Maintenance District (Irwindale Business Center) IV. Estimate of Cost
The cost of the operation, maintenance, rehabilitation, and servicing of the improvements for Fiscal Year 2024/2025, as described in Part III, are summarized herein and described below the table.

STREET LIGHTING MAINTENANCE COST ESTIMATE FOR FY 2024/2025

REVENUE
Beginning Fund Balance (7/01/2024) (1) $24,916
Assessments (FY 2024/2025) (2) 16,482
Total Revenue $41,398
EXPENDITURES (3)
Utilities
22 Street Lights (16,000 lumens)
High Pressure Sodium Vapor Lamps $1,300
Energy Charge Per Lamp 3,500
Anticipated SCE rate (Increase in FY 2024/2025) 0
Reserve (Fund Balance is able to offset unexpected utility) (4) 0 Assessment Engineering Services 2,206
District Administration 8,630
Legal Fees 190
LA County Assessor’s – Admin Fee 56
Public Notice Publication 600
Total Expenditures $16,482
Estimated Fund Balance (6/30/2025) $24,916
Assessment per Benefit Unit $149.15
Maximum Assessment per Benefit Unit $183.1942
Max Rate Per BU FY 2023/2024 $183.1942
Levy per BU FY 2024/2025 $149.15
BU 110.51
Revenues
(1) The amount of any surplus or deficit in the improvement fund to be carried over from a previous Fiscal Year. (2) The net amount to be assessed upon assessable lands within the District being the total operation, maintenance, and servicing costs. Actual levy to the County of Los Angeles will vary slightly due to rounding.

Expenditures
(3) The total costs for improvements to be made for the year, being the total costs of operation, maintenance, and servicing all existing improvements, including all incidental expenses. (4) The expenditures may include a reserve that shall not exceed the estimated costs of maintenance and servicing to December 10 when the City expects to receive its apportionment of assessments from the Los Angeles County. For this Fiscal Year the reserve is not part of the assessment since the fund balance is enough to cover those costs.

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2024/2025 City of Irwindale Page 5
Street Lighting Maintenance District (Irwindale Business Center) V. Method of Apportionment of Assessment
A) General
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation, and servicing of street lights.

The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.

B) Proposition 218 Benefit Analysis
In conjunction with the provisions of the 1972 Act, Article XIIID addresses several key criteria for the levy of assessments, notably:

Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.

General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement,

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2024/2025 City of Irwindale Page 6
Street Lighting Maintenance District (Irwindale Business Center) or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District.

The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.

The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.

The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.

To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.

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2024/2025 City of Irwindale Page 7
Street Lighting Maintenance District (Irwindale Business Center) C) Apportionment by Parcel Size
Acreage has been selected as the principal unit for calculating the special benefit conferred upon the parcels by the street lighting improvements and for apportioning the total assessment. The special benefit will be expressed as Benefit Unit (BU). Every parcel will be assigned one benefit unit (1.0 BU) per acre. • All developed and undeveloped parcels. All parcels will be assessed one (1) benefit unit per acre.
• Exempt. Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements. The storm water detention basin on parcel 8417-027-094, which became 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the lighting system and are exempt from the lighting assessment.

Southern California Edison has purchased parcel 8417-036-002, which became 8417-036-800. This parcel is not exempt from the lighting assessment and is assessed as State Board of Equalization (“SBE”) parcel 9014-800-001.

The sewer lift station located on parcel 8417-036-900 benefits: therefore, it is not exempt and is included in the lighting assessment.

A summary of Benefit Unit (BU) rates is shown in the table below:

Land-Use Category Basic Unit BU Factor BU Rates
Exempt 0 acres X 0.0 = 0.0 BU/Acre
All other 1 acres X 1.0 = 1.0 BU/Acre
D) Special Benefit Determination
Street Lighting: Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and promoting business and industry.

Street lighting provides special and direct benefit to all properties within the District as these lighting benefits are directly related to the positive enhancement of the area and therefore increase property desirability.

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2024/2025 City of Irwindale Page 8
Street Lighting Maintenance District (Irwindale Business Center) E) Assessment Rate Calculation
The Maximum Allowable Assessment rate for Fiscal Year 2024/2025 is $183.1942.

This rate is calculated by adjusting the maximum rate established for Fiscal Year 2001/2002 of $97.2900 per Benefit Unit by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim Area.

The maximum rate reflects the April 2023 to April 2024 CPI increase of 3.90% over the maximum rate of $176.3180 for Fiscal Year 2023/2024.

As shown in the budget in section IV, the assessment rate for Fiscal Year 2024/2025 is $149.15 per BU.

Each year, as the City maintains the existing street lighting improvements, the rate per BU will be calculated according to the current year's operations and maintenance budget.

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2024/2025 City of Irwindale Page 9
Street Lighting Maintenance District (Irwindale Business Center) VI. Boundary Map
The lines and dimensions of each lot or parcel within the Street Lighting Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.

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2024/2025 City of Irwindale Page 10
Street Lighting Maintenance District (Irwindale Business Center) VII. Assessment Roll
The proposed Fiscal Year 2024/2025 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.

City of Irwindale
Street Lighting and Maintenance District (Irwindale Business Center) Fiscal Year 2024/2025
Preliminary Assessment Roll
Assessor's Parcel
Number Situs Address Taxable Acreage
Benefit Unit
Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $806.90
8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 577.21
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 967.98
8417-027-091 4889 4TH ST 10.73 1.0 10.73 1,600.38
8417-027-092 4821 4TH ST 3.03 1.0 3.03 451.92
8417-027-093 4818 4TH ST 4.77 1.0 4.77 711.45
8417-035-006 5091 4TH ST 15.01 1.0 15.01 2,238.74
8417-035-007 4981 4TH ST 8.03 1.0 8.03 1,197.67
8417-035-008 4982 4TH ST 2.02 1.0 2.02 301.28
8417-035-009 5012 4TH ST 2.14 1.0 2.14 319.18
8417-035-010 5082 4TH ST 5.82 1.0 5.82 868.05
8417-035-011 5086 4TH ST 4.66 1.0 4.66 695.04
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 621.96
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 1,294.62
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 266.98
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 295.32
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 106.64
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 176.00
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 68.46
8417-035-034 15612 ARROW HWY 0.50 1.0 0.50 74.58
8417-035-035 15642 ARROW HWY 1.95 1.0 1.95 290.84
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 1,479.87
8417-036-800 (1) 4777 IRWINDALE AVE 6.98 1.0 6.98 1,041.07 8417-036-900 NO SITUS AVAILABLE 0.20 1.0 0.20 29.83
Total: 110.51 110.51 $16,481.97
Parcel Count: 24
(1) Assessment for Southern California Edison’s parcel is submitted under the company’s SBE account 9014-800-001 Note: Totals may not foot and total Balance to Levy differs slightly from assessment roll due to rounding.

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01005.0007/988613.1 Resolution No. 2024-43-3520

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RESOLUTION NO. 2024-43-3520

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-2025, BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR MAINTENANCE, OPERATION, AND CAPITAL
REPLACEMENT OF THE CITY’S SANITATION AND SEWAGE SYSTEMS

WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE

IRWINDALE BUSINESS CENTER
WHEREAS, on or about June 28, 2001, the City Council of the City of Irwindale (“City Council”) established a sewer maintenance charge for the Irwindale Business Center for Fiscal Year 2001-2002, the manner of levying such charge and maximum amounts to be charged for the fiscal year; and WHEREAS, pursuant to Government Code sections 53750 et seq. a fee or charge is increased for the purposes of Article XIIID of the California Constitution, (“Proposition 218”) where the methodology used to calculate the fee or charge is revised and the revision results in an increased amount being levied on any person or parcel; and
WHEREAS, pursuant to Proposition 218, in adopting the sewer and maintenance charge for Fiscal Year 2001-2002, the City complied with the notice, protest, and hearing requirements of Government Code sections 53750 et seq. and Proposition 218; and
WHEREAS, on May 8, 2024, the City Council approved the Engineer’s Report entitled “Sewer Maintenance District (Irwindale Business Center)” (“Engineer’s Report”) for Fiscal Year 2024-2025 has been prepared and filed with the City Clerk and all interested persons are referred to the attached Engineer’s Report for a full and detailed description of the sewer fees and charges (collectively “Sewer Maintenance Charge”) and boundaries thereof, the work and the proposed amount and parcels within the boundaries subject to such Sewer Maintenance Charge, and in accordance with Section 4 of Article XIII D of the California Constitution (“Proposition 218”) and Section 5473 of the Health and Safety Code, the City Council declared its intent to levy and collect Sewer Maintenance Charges for Fiscal Year 2023-2024 within the District, and set a time and place for a public hearing; and
WHEREAS, the City Council has duly considered each and every part of the Engineer’s Report and now desires to approve and order the levy and collection of charges for the District; and

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Resolution No. 2024-43-3520

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WHEREAS, the Engineer’s Report has not changed the methodology, formula or range of calculating the Sewer Maintenance Charge as that approved by the City Council for the 2001-2002 fiscal year, and as such, the notice, protest and hearing requirements of Government Code sections 53750 et seq. or Proposition 218 are inapplicable to the adoption and imposition of the Sewer Maintenance Charge.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and incorporated herein by this reference.

SECTION 2. Following publication, as required by Section 5473.1 of the California Health and Safety Code, the City Council has held a hearing to hear and consider all objections or protests to the Engineer’s Report. The City Council hereby finds and determines that protests have not been made by the owners of a majority of separate parcels of property described in the Engineer’s Report.

SECTION 3. That pursuant to Section 5473.3 of the Health and Safety Code, the Engineer’s Report filed with the City Clerk on May 8, 2024, is hereby approved and adopted and the Sewer Maintenance Charge is hereby determined and ordered to be the charges and fees for each legal parcel of land in the assessable parcels of land within the District for Fiscal Year 2024-2025, for the maintenance of the City’s sanitation and sewerage system within the District. The amount of the Sewer Maintenance Charge shall constitute a lien against the lots or parcels of land against which the Sewer Maintenance Charge has been imposed as provided in Section 5473.5 of the Health and Safety Code.

SECTION 4. As provided in Sections 5470 et seq. of the Health and Safety Code, the Director of Public Works/City Engineer and City Clerk are hereby authorized and directed to make the necessary filings for the City of Irwindale for Fiscal Year 2024-2025 concerning the Sewer Maintenance Charge as part of the property tax collection procedure. The Sewer Maintenance Charge shall be collected on the tax roll in the same manner, by the same person, and at the same time, as together with and not separately from, the general property taxes, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as the general property taxes.

SECTION 5. The City of Irwindale provides sewer services to the properties described in the Engineer’s Report and the City will incur expenses for operation and maintenance of the System. The City Council does hereby determine that the public interest, convenience and necessity require that the Sewer Maintenance Charge, as proposed, be imposed upon all real properties located within Tract No. 25436 and be collected by placing the same on the tax bills issued pursuant to

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01005.0007/988613.1 Resolution No. 2024-43-3520

Page 3 ends

rolls for collection. Passage of this Resolution shall constitute the imposition of the Sewer Maintenance Charge for the fiscal year referred to in the Engineer’s Report.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution and the Engineer’s Report and forward a certified copy hereof to the Tax Collector and Auditor of the County of Los Angeles.

PASSED, APPROVED, AND ADOPTED, this 12th day of June 2024. __________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________
Laura Nieto
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-43-3520 was duly adopted by the City Council of the City of Irwindale, at a special meeting held on the 12th day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura Nieto, MMC

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Resolution No. 2024-43-3520

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Chief Deputy City Clerk

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01005.0007/988616.1 Resolution No. 2024-44-3521

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RESOLUTION NO. 2024-44-3521

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-2025, BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE

EXISTING IRWINDALE BUSINESS CENTER

STREET LIGHTING MAINTENANCE DISTRICT
WHEREAS, on June 28, 2001, the City Council of the City of Irwindale (the "City Council") adopted its Resolution forming the Irwindale Street Lighting Maintenance District (the "District") and the levy and collection of assessments therein as set forth in an engineer's report adopted by the City Council and prepared for Fiscal Year 2001-2002; and WHEREAS, the improvements to be maintained within the existing District are generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District; and
WHEREAS, on May 8, 2024, the City Council adopted Resolution 2024-28-3505 approving the Engineer’s Report for Fiscal Year 2024-2025 (“Engineer’s Report”) and in accordance with Section 4 of Article XIII D of the California Constitution (“Proposition 218”) and Article 4 of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act,” and together with Proposition 218, collectively, the “Assessment Law”), the City Council declared its intent to levy and collect assessments for Fiscal Year 2024-2025 within the District, and set a time and place for a public hearing; and
WHEREAS, the City Council and the City Council has duly considered each and every part of the Engineer’s Report and now desires to approve and order the levy and collection of assessments for the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein by this reference.

Section 2. Following publication, in accordance with applicable law, the City Council has held a hearing to hear and consider all objections or protests to the Engineer’s Report. The City Council hereby finds and determines that protests have not been made by the owners of a majority of separate parcels of property described in the Engineer’s Report.

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Resolution No. 2024-44-3521

Page 2 ends

Section 3. The public interest and convenience require, and the City Council therefore orders the levy and collection of assessments within the District, generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District, for Fiscal Year 2024-2025. As provided in the Act, the Director of Public Works/City Engineer and City Clerk are hereby authorized and directed to make the necessary filings for the City of Irwindale for Fiscal Year 2024-2025 concerning the Street and Lighting assessment as part of the property tax collection procedure. The Street and Lighting assessment shall be collected on the tax roll in the same manner, by the same person, and at the same time, as together with and not separately from, the general property taxes, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as the general property taxes.

Section 4. The District shall provide for the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, street lighting and facilities which are appurtenant thereto. Reference is made to the Engineer's Report on file in the office of the Deputy City Clerk for a more detailed description of the work to be done, the amount of the proposed assessments and the method of assessment. All work proposed shall be done in accordance with the Act.

Section 6. The contemplated work, in the opinion of the City Council, is of special benefit to, and the City Council hereby makes the expense of said work chargeable upon, all the property within the District, which is more particularly described on a map on file in the office of the Deputy City Clerk, entitled "Irwindale Business Center Street Lighting and Maintenance District."
Section 8. Certification. The City Clerk shall certify to the adoption of this Resolution and the Engineer’s Report and forward a certified copy hereof to the Tax Collector and Auditor of the County of Los Angeles.

PASSED, APPROVED, AND ADOPTED, this 12th day of June 2024. __________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura Nieto,

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01005.0007/988616.1 Resolution No. 2024-44-3521

Page 3 ends

Chief Deputy City Clerk

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Resolution No. 2024-44-3521

Page 4 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-44-3521 was duly passed and adopted at a special meeting of the Irwindale City Council held on the 12th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Laura Nieto
Chief Deputy City Clerk

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Page 304 of 367 ends

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Page 309 of 367 ends

Ordinance No. 779

Page 1 ends

ORDINANCE NO. 779

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, a copy of the Proposed Budget for FY 2024-25 has been posted electronically with the City Council Agenda for public review and in the Office of the Deputy City Clerk; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider the proposed budget on June 12, 2024.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The budget for the City of Irwindale for Fiscal Year 2024-25, was prepared and submitted by the City Manager, and as modified by the City Council, is hereby approved and adopted. The operating and capital budget amounts are hereby authorized for the fiscal year within departments by fund, as listed on Exhibit A.

SECTION 3. From the effective date of said budget, the total amount as stated therein for each departmental activity account shall be appropriated subject to expenditure pursuant to all applicable ordinances of the City and statutes of the State. The operating budget may be reallocated by the City Manager or Director of Finance providing there is no change in the total appropriations within any funds as authorized by the City Council.

SECTION 4. At the close of the fiscal year, unexpended appropriations in the operating budget will be unencumbered as necessary to underwrite the expense of outstanding purchase commitments. Unexpended appropriations for any authorized, but uncompleted expenditures and/or projects may be carried forward to the next succeeding budget upon approval by the City Manager or Director of Finance.

SECTION 5. Total appropriations within the funds will be increased only by amendment of the budget by resolution approved by the City Council.

SECTION 6. The City Manager may reduce expenditure appropriations within funds as a method of fiscal control, and the Director of Finance may adjust revenue estimates to reflect economic change during the fiscal period.

SECTION 7. The Director of Finance is hereby authorized to transfer monies in accordance with the interfund transfers listed in said budget, and to transfer monies to cover operational expenditures of the City through transfers of funds in such amounts, and at such times during the fiscal year as may be determined necessary to the competent

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Ordinance No. 770

Page 2 ends

operation and control of City business, or to provide adequate cash flow, except that no such transfer shall be made in contravention of State law or City ordinances.

SECTION 8. Adjustments made by the City Council during the budget hearing and documented in the minutes for this action will be incorporated with the final printed budget document. The City Manager or Director of Finance is hereby authorized to approve any corrections in the budget document that are clerical in nature. Additionally, the City Council may amend the budget at any time by adoption of appropriate budget resolutions.

SECTION 9. The Chief Deputy City Clerk shall certify the passage of this Ordinance and shall cause the same to be posted in accordance with law.

PASSED, APPROVED, AND ADOPTED this 26th day of June 2024. ___________________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

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Ordinance No. 779

Page 3 ends

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. 779 was duly introduced at a regular City Council meeting held on the 12th day of June 2024, and adopted at a regular meeting of the City Council held on the 26th day of June 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 779, adopted by the City Council of the City of Irwindale at its regular meeting held June 26, 2024, to be posted at the City Hall, Library, and Post Office in June 26, 2024. ___________________________ Dated: June 26, 2024
Laura M. Nieto, CMC
Deputy City Clerk

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Exhibit A
City of Irwindale
FY 2024-2025
Budget Summary
General Fund
01 General Fund On-Going Budget 25,844,087 $ (27,470,902) $ (1,626,815) $ Capital/One-Time Items 2,518,405 $ - $ 2,518,405 $
Capital Projects Transfers - $ (800,000) $ (800,000) $
TOTAL GENERAL FUND 28,362,492 $ (28,270,902) $ 91,590 $ Irwindale Housing Authority Fund
11 Irwindale Housing Authority 400 $ (7,330) $ (6,930) $ 12 IHA-Low/Mod Housing Asset Fund 25,000 $ (543,330) $ (518,330) $ TOTAL HOUSING AUTHORITY FUNDS $ (550,660) 25,400 $ (525,260) $ Mining Impact Fund
13 Mining Impact On-Going Budget 4,275,000 $ (5,897,958) $ (1,622,958) $ Capital/One-Time Items - $ (180,594) $ (180,594) $
Capital Project Transfers - $ (472,771) $ (472,771) $
TOTAL MINING IMPACT FUND 4,275,000 $ (6,551,323) $ (2,276,323) $ Reclamation Authority
14 Reclamation Fund 68,970 $ (48,970) $ 20,000 $
19 Olive Pit Royalty Fund 2,022,320 $ (2,000,000) $ 22,320 $ TOTAL RECLAMATION AUTHORITY FUNDS $ (2,048,970) 2,091,290 $ 42,320 $ Grants & Special Revenue Funds
15 AB939 Recycling Fund 363,480 $ (367,260) $ (3,780) $ 21 State Gas Tax Fund 84,842 $ (84,842) $ - $
22 Air Quality Improvement Fund 750 $ (750) $ - $
25 Proposition A Fund 41,762 $ (41,762) $ - $
26 Proposition C Fund 34,599 $ (34,599) $ - $
27 Measure R Fund 25,949 $ (25,949) $ - $
28 TDA Article 3 Fund 5,000 $ (5,000) $ - $
29 Measure M Fund 29,409 $ (29,409) $ - $
30 Measure W Fund 400,000 $ (400,000) $ - $
32 Community Development Block Grant Fund 8,243 $ (8,243) $ - $ TOTAL GRANT & SPECIAL REVENUE FUNDS $ (997,814) 994,034 $ (3,780) $ Assessment Districts
44 Street Light Assmt District-IBC Fund 16,420 $ (16,420) $ - $ 45 Sewer Maintenance Assmt District-IBC Fund 123,080 $ (48,080) $ 75,000 $ TOTAL ASSESSMENT DISTRICT FUNDS $ (64,500) 139,500 $ 75,000 $ Capital Projects Fund
47 Development Impact Fund 1,055,607 $ - $ 1,055,607 $
48 Capital Projects Fund 1,598,000 $ (1,573,000) $ 25,000 $ TOTAL CAPITAL PROJECT FUNDS $ (1,573,000) 2,653,607 $ 1,080,607 $ TOTAL BUDGET - ALL FUNDS: 38,541,323 $ (40,057,168) $ (1,515,845) $ Fund
No
FY 2024-25
Revenues
FY 2024-25
Expenditures
Surplus
(Deficit)
FY 2024-25
Fund

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Resolution No. 2024-26-3503

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RESOLUTION NO. 2024-26-3503

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2024-2025
WHEREAS, Article XIIIB of the California Constitution requires that each entity of government establish appropriations limit each year; and WHEREAS, Article XIIIB, as amended by Proposition 111, allows cities to annually increase the appropriations limit by two factors: (1) either the city population change or the population growth of the entire county and (2) either the change in California per capita income or the change in the local assessment roll due to non-residential construction; and WHEREAS, Article XIIIB, as amended, further provides that the current year's appropriations limit for each city shall be the 1986-87 appropriations limit adjusted from that year forward by growth factors as provided by Proposition 111; and
WHEREAS, a city must select by a vote of the City Council the cost-of-living factors to compute its appropriations limit. The city may select either the percentage change in California per capita income or the percentage change in local assessment roll due to non-residential new construction, and either the city's own population growth or that of the county as the adjustment options; and
WHEREAS, the City Council of the City of Irwindale now desires to select the cost-of-living factors to compute the appropriations limit and set the appropriations limit for Fiscal Year 2024-2025.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The percentage change in the Per Capita Personal Income Factor, and the population growth in the city are selected as the adjustment factors to compute the appropriations limit, as presented in “Exhibit A,” attached hereto.

SECTION 3. The City of Irwindale appropriations limit for Fiscal Year 2024-2025 is determined to be $14,089,384,582.

SECTION 4. The Chief Deputy City Clerk shall certify the adoption of this Resolution, which shall in turn have immediate effect.

PASSED, APPROVED AND ADOPTED this 12th day of June 2024.

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Resolution No. 2024-26-3503

Page 2 ends

___________________________
Albert F. Ambriz, Mayor
ATTEST:
________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk
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. 2024-26-3503 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 12th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_____________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

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Resolution No. HA 2024-04-142

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RESOLUTION NO. HA 2024-04-142

A RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, the Irwindale Housing Authority received the Proposed Budget for FY 2024-25 (“Proposed Budget”); and
WHEREAS, a copy of the Proposed Budget for FY 2024-25 has been posted electronically with the Housing Authority Agenda for public review and in the Office of the Deputy City Clerk; and
WHEREAS, the Proposed Budget for the Irwindale Housing Authority is included as part of the FY 2024-25 Annual Budget document for the City of Irwindale and was reviewed by the Housing Authority Board during the joint special meeting on June 12, 2024.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The Proposed Budget for the Irwindale Housing Authority for Fiscal Year 2024-2025, on file in the Office of the City Clerk of the City of Irwindale, incorporated herein by reference, and attached hereto, is hereby approved, and adopted, as listed on Exhibit A.

SECTION 3. The Housing Authority Assistant Secretary shall certify to the adoption of this Resolution, which shall in turn have immediate effect.

PASSED, APPROVED, AND ADOPTED this 12th day of June 2024. ______________________________
Albert F. Ambriz, Chair
ATTEST:
______________________________
Laura M. Nieto, CMC
Assistant Secretary

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Resolution No. HA 2024-04-142

Page 2 ends

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 2024-04-142 was adopted at a regular meeting of the Irwindale Housing Authority held on June 12th, 2024, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:
_______________________________
Laura M. Nieto, CMC
Assistant Secretary
Irwindale Housing Authority

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Resolution No. RA 2024-02-041

Page 1 ends

RESOLUTION NO. RA 2024-02-041

A RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, the Irwindale Reclamation Authority received the proposed budget for FY 2024-25 (“Proposed Budget”); and
WHEREAS, a copy of the Proposed Budget has been on file in the Office of the City Clerk and the Library for public review; and
WHEREAS, the Proposed Budget for the Irwindale Reclamation Authority is included as part of the FY 2024-25 Annual Budget document for the City of Irwindale and was reviewed by the Reclamation Authority Board during the joint special meeting on June 12, 2024.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The Proposed Budget for the Irwindale Reclamation Authority for Fiscal Year 2024-2025, on file in the Office of the City Clerk of the City of Irwindale, incorporated herein by reference, and attached hereto, is hereby approved, and adopted, as listed on Exhibit A.

SECTION 3. The Reclamation Authority Acting Assistant Secretary shall certify to the adoption of this Resolution, which shall in turn have immediate effect.

PASSED, APPROVED, AND ADOPTED this 12th day of June 2024. ______________________________
Albert F. Ambriz, Chair
ATTEST:
______________________________
Laura M. Nieto, CMC
Assistant Secretary

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Resolution No. RA 2024-02-041

Page 2 ends

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Assistant Secretary of the Irwindale Reclamation Authority, do hereby certify that the foregoing Resolution No. RA 2024-02-041 was adopted at a regular meeting of the Irwindale Reclamation Authority held on June 12th, 2024, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:
_______________________________
Laura M. Nieto
Assistant Secretary
Irwindale Reclamation Authority

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Item #22.C.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: GPA 02-2024 A revision to the General Plan Map to change the existing General Plan designation of select properties from Parks to Public/Institutional City Manager's Recommendation:

That the City Council adopt Resolution No. 2024-37-3514, entitled “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AND ADOPTING THE CITY-INITIATED

APPLICATION TO AMEND THE COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02-2024) FROM PARK TO PUBLIC/INSTITUTIONAL FOR SELECTED AREAS OF PROPERTIES LOCATED AT: (5050 IRWINDALE AVENUE AND 16053 CALLE DE PASEO (APNS 8417-030-901, 8417-030-902, 8417-031-900), AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3).” Administrative Action:

Submitted / Prepared by:

Marilyn Simpson, AICP, Community Development Director
Reviewed by:

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

Julian A. Miranda, City Manager

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Background and Analysis:

BACKGROUND
The Irwindale General Plan serves as the blueprint for future planning and development in the City. It indicates the City‘s vision for the future through the policies and plans that are designed to shape the physical development of the community. Staff proposes to update the General Plan Map for consistency of the existing public uses. The Zoning Code, Zoning Map, and related zoning designations are required to be consistent with the General Plan and will be updated separately. A Parcel Map will be processed separately for the areas with the buildings currently developed and utilized for public/institutional use.

Due to inconsistencies throughout the City, there are multiple non-conforming uses, including the public uses at the Civic Center campus. In this case, the inconsistency would hinder the construction of the proposed new library at the Civic Center. The inconsistency issue was discovered during research for the proposed Irwindale Public Library project. The General Plan map shows the entire Civic Center campus designation as Parks, which is inconsistent with public uses such as City Hall, the police station, the maintenance building, and the existing library and recreation building. Public/Institutional uses include buildings and uses such as a City Hall, a police station, maintenance, and a public library.

The following excerpts from the adopted General Plan describe the Parks and Public/Institutional uses:

Parks. This land use designation applies exclusively to all passive and active park areas in the City. Land uses within the Parks designation are limited to open space and indoor/outdoor recreation facilities.

Building intensities within this land use designation will vary, although intensities must not exceed a FAR of 0.5 to 1.0
Public/Institutional Uses. The existing school, government offices, churches, and the library all fall within the Public/Institutional land use designation. These uses are scattered throughout the City.

Building intensities within this land use designation will vary, although intensities cannot exceed a FAR of 0.5 to 1.0.

The success of a General Plan rests upon the appropriate designations for both the General Plan and Zoning Code and consistency between the two documents for transparency and good planning.

The General Plan (GP), adopted in 2008, identifies certain areas on the Civic Center campus as Public/Institutional, but a General Plan Amendment was not processed at that time to include public uses and the GP designation remains Park. The Civic Center public uses are inconsistent with the current General Plan designation of Parks. The General Plan also called for the creation of a new zoning district that was compatible with Public/Institutional, but that was also never created. The Comprehensive Zoning Code Update (Update) that was recommended for approval to the City Council by the Planning Commission addresses the zoning inconsistency with a proposed zoning designation of Public/Semi-Public. The Update project is still in process after the City Council directed the item to be returned to the Planning Commission. While pending the completion of the Update, City initiated projects, including the new library, need to move forward. The City received a grant with a deadline of March 2026 for the construction of the library. The completion of the GPA No. 02-2024 regarding public buildings and uses is necessary given the timeline set by the grant.

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GENERAL PLAN AND ZONING
Approval of a General Plan Amendment is required to be made by the affirmative vote of not less than a majority of the total membership of the City Council. The proposed change to the General Plan Map will remedy the existing designation inconsistency. The general plan map will be updated to reflect the proposed changes.

Civic Center Vicinity Map

PLANNING COMMISSION REVIEW
On May 15, 2024, GPA No. 02-2024 was presented to the Planning Commission. At that public hearing, the Planning Commission unanimously recommended that the City Council approve GPA No. 02-2024.

PUBLIC NOTICE
On May 30, 2024, the property owners within 500 feet of the subject property were notified by mail.

The public notice was also published in the newspaper on May 31, 2024.

ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Project has been determined to qualify for a general rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the General Plan Amendment, by itself, will have a significant effect on the environment. However, any proposed physical development will undergo its own CEQA review when the entitlement is considered.

Fiscal Impact:

There is no cost with the City Council approval of the General Plan Amendment.

Attachments:

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1. Attachment A: Resolution No. 2024-37-3514

2. Attachment B: Existing Irwindale Library - GP

3. Attachment C: Proposed GPA No. 02-2024 MAP

4. Attachment D: May 15, 2024 Planning Commission Agenda staff report, resolution, and exhibits

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Resolution No. 2024-37-3514

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ATTACHMENT “A”
RESOLUTION NO. 2024-37-3514

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, APPROVING AND ADOPTING THE CITY-INITIATED APPLICATION

TO AMEND THE COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02-2024) FROM PARKS TO

PUBLIC/INSTITUTIONAL FOR SELECTED AREAS OF PROPERTIES LOCATED AT: (5050 IRWINDALE AVENUE AND 16053 CALLE DE PASEO (APNS 8417-030- 901, 8417-030-902, 8417-031-900), AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3)
WHEREAS, a city has the power make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety; and WHEREAS, in executing that power, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a General Plan Amendment (GPA No. 02-2024) to reconcile inconsistencies on the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the General Plan Map to remedy inconsistencies between existing uses and the current General Plan land use designation at the above referenced properties; and
WHEREAS, on May 15, 2024, the Planning Commission held a duly noticed public hearing, as required by law, and adopted Resolution No. 825(24), recommending that the City Council adopt a resolution approving the City-initiated application for General Plan Amendment No. 02-2024, an amendment to the General Plan Map designation for three (3) parcels of land located at the above referenced locations; and WHEREAS, on June 12, 2024, the City Council held a duly noticed public hearing, as required by law, on the proposed General Plan Amendment No. 02-2024 to receive testimony and other evidence regarding the proposed General Plan Amendment, including without limitation, information provided to the City Council by City staff; and WHEREAS, Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Planning Commission recommends that the City Council determine that the Project qualifies for a General Rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the General Plan Amendment, by itself, will have a significant effect on the environment; and

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Resolution No. 2024-37-3514

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WHEREAS, all legal prerequisites for the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The facts set forth in the recitals in this Resolution are true and correct and incorporated herein by reference.

SECTION 2. The City Council finds that the proposed General Plan Amendment from Parks to Public/Institutional is intended to encourage the highest and best use for the subject properties and is determined to be in the best interests and welfare of the City and its residents.

SECTION 3. The City Council finds that the proposed General Plan Amendment is internally consistent with all other provisions of the General Plan. The Community Development Element of the General Plan promotes several policies that support the proposed entitlement. Community Development Element Policy 1 strives to preserve the overall mix of land uses and development in the community. Community Development Element Policy 3 seeks to ensure that the type, location, and intensity of all new development and intensified developments adhere to the requirements specified in its particular land use category. Community Development Element Policy 5 promotes the comprehensive development consistent with the General Plan as opposed to piecemeal and incremental planning.

SECTION 4. The proposed General Plan Amendment will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the proposed General Plan Amendment is to properly remedy inconsistencies with previously adopted ordinances and inconsistencies with the General Plan. The proposed changes to the General Plan Map will remedy the existing inconsistencies and non-conformities that were specifically caused by such. The maps will be updated to reflect the proposed changes.

SECTION 5. The affected properties are physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 6. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, City Council determines that the Project qualifies for a General Rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with

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Resolution No. 2024-37-3514

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certainty that there is no possibility that the General Plan Amendment, by itself, will have a significant effect on the environment.

SECTION 7. If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, 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. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council of Irwindale hereby adopts and approves proposed General Plan Amendment No. 02-2024 to change the General Plan Map as shown in attached “Attachment C”.

SECTION 9. The Chief Deputy City Clerk shall certify to the adoption of this resolution. This resolution shall take effect consistent with the effective date of the General Plan Amendment.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of June, 2024.
__________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2024-37-3514 was adopted at a regular meeting of the Irwindale City Council held on the 12th day of June, 2024, by the following vote of the Council:

AYES: Councilmembers:

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Resolution No. 2024-37-3514

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NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Planning Commission Meeting May 15, 2024
General Plan Amendment No. 02-2024

CITY OF IRWINDALE

PLANNING COMMISSION STAFF REPORT

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
Date: May 15, 2024 Agenda Item No. 4-B
To: Honorable Chair and Members of the Planning Commission From: Marilyn Simpson, AICP, Community Development Director Project Planner: Marilyn Simpson, AICP, Community Development Director Project: General Plan Amendment (Map) No. 02-2024
Revision of the General Plan Map to change the existing General Plan designation of select properties from Park to Public/Institutional for property located at 5050 IRWINDALE AVENUE AND 16053 CALLE DE PASEO (APNS 8417-030-901, 8417-030-902, 8417-031-900).

Applicant: City of Irwindale
Property Owners: City of Irwindale
Project Locations: 5050 N. Irwindale Avenue, 16053 Calle de Paseo - (APNS 8417-030- 901, 8417-030-902, 8417-031-900)
Staff Recommendation: That the Planning Commission adopt Resolution No. 825(24) recommending that the City Council approve General Plan Amendment No. 02-2024 to revise the General Plan Map to change the existing General Plan designation of certain areas with public buildings and uses in the Civic Center campus from Park to Public/Institutional.

REQUEST
The City-initiated proposal will revise the General Plan Map to reconcile the inconsistency of the existing public uses and the map and make the appropriate change to support the highest and best use.

BACKGROUND/HISTORY
The Irwindale General Plan serves as the blueprint for future planning and development in the City. It indicates the City‘s vision for the future through the policies and plans that are designed to shape the physical development of the community. The Irwindale General Plan acknowledges the City’s previous planning efforts, the established land use patterns in the community, and adopted development policy. Staff proposes to update the General Plan Map for consistency of the existing public uses.The Zoning Code, Map, and related zoning designations, are required to be consistent with the General Plan and will be updated

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Planning Commission Meeting May 15, 2024
General Plan Amendment No. 02-2024
separately. A Parcel Map will be processed separately for the areas with the buildings currently developed and utilized for public/institutional use.

Due to inconsistencies throughout the City, there are multiple non-conforming uses, including the public uses at the Civic Center campus. In this case, the inconsistency would hinder the construction of the proposed new library at the Civic Center. The inconsistency issue was discovered during research for the proposed Irwindale Public Library project. The General Plan map shows the entire Civic Center campus designation as Park, which is inconsistent with public uses such as City Hall, the police station, the maintenance building, and the existing library and recreation building. Public/Institutional uses include buildings and uses such as a City Hall, a police station, maintenance, and a public library. The following excerpts from the adopted General Plan describe the Park and Public/Institutional uses:

Civic Center Vicinity Map
The success of a General Plan rests upon the appropriate designations for both the General Plan and Zoning Code. Additionally, there should be consistency between the General Plan and Zoning as a common-sense approach to planning and transparency.

On May 2, 2024, the property owners and property owners within 500 feet of the subject property were notified by mail. The public notice was also published in the newspaper on May 3, 2024.

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Planning Commission Meeting May 15, 2024
General Plan Amendment No. 02-2024
The General Plan (GP), adopted in 2008, identifies certain areas on the Civic Center campus as Public/Institutional, but a General Plan Amendment was not processed at that time to include public uses and the GP designation remains Park. The Civic Center public uses are inconsistent with the current General Plan designation of Park. The General Plan also called for the creation of a new zoning district that was compatible with Public/Institutional, but that was also never created. The Comprehensive Zoning Code Update (Update) that was recommended for approval to the City Council by the Planning Commission addresses the zoning inconsistency with a proposed zoning designation of Public/Semi-Public. The Update project is still in process after the City Council directed the item to be returned to the Planning Commission. While pending the completion of the Update, City initiated projects, including the new library, need to move forward. The City received a grant with a deadline of March 2026 for the construction of the library. The completion of the GPA No. 02-2024 regarding public buildings and uses is necessary given the timeline set by the grant.

GENERAL PLAN AND ZONING
A recommendation for approval of a General Plan Amendment is required to be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. The proposed change to the General Plan Map will remedy the existing designation inconsistency. The map will be updated to reflect the proposed changes.

CONCLUSION/RECOMMENDATION
Staff recommends that the Planning Commission take the following action:

1. Adopt Resolution No. 825(24) recommending that the City Council approve General Plan Amendment No. 02-2024
Alternative Actions:

2. Request that Staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly Planning Commission meeting for adoption; OR

3. Request that Staff revise the project and continue the hearing to a date certain.

ATTACHMENTS:

Exhibit A: Resolution No. 825(24)
Exhibit B: Existing General Plan Map
Exhibit C: Proposed General Plan Map

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PC Resolution No. 825(24)
General Plan Amendment No. 02-2024

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EXHIBIT “A”
RESOLUTION NO. 825(24)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRWINDALE

RECOMMENDING THAT THE CITY COUNCIL OF IRWINDALE AMEND THE

COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02-2024) FROM PARK TO

PUBLIC/INSTITUTIONAL FOR SELECTED AREAS OF PROPERTIES LOCATED AT: (5050 IRWINDALE AVENUE AND 16053 CALLE DE PASEO (APNS 8417-030- 901, 8417-030-902, 8417-031-900), AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3)
A. RECITALS.
(i) The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for a General Plan Amendment (GPA No. 02-2024) to reconcile inconsistencies on the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the General Plan Map to remedy inconsistencies between existing uses and the current General Plan land use designation at the above referenced properties; and
(ii) The Planning Commission has considered proposed General Plan Amendment No. 02-2024, an amendment to the General Plan Map designation for three (3) parcels of land located at the above referenced locations; and
(iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Project has been determined to qualify for a General Rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the General Plan Amendment, by itself, will have a significant effect on the environment. However, the proposed physical development will undergo its own CEQA review when the entitlement is considered; and (iv) On May 15, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application and recommended that the City Council approve the General Plan Amendment, subject to the approval of a Resolution, which details the specific conditions under which the application is approved.
(v) All legal prerequisites to the adoption of this Resolution have occurred.

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PC Resolution No. 825(24)
General Plan Amendment No. 02-2024

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B. RESOLUTION.

NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Irwindale as follows:

1. The Planning Commission hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and are incorporated herein by this reference.

2. Based upon substantial evidence presented to this Planning Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this Planning Commission hereby specifically finds as follows:
a. The proposed General Plan Amendment from Park to
Public/Institutional is intended to encourage the highest and best use for the subject properties and is determined to be in the best interests and welfare of the City and its residents.
b. The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan. The Community Development Element of the General Plan promotes several policies that support the proposed entitlement. Community Development Element Policy 1 strives to preserve the overall mix of land uses and development in the community. Community Development Element Policy 3 seeks to ensure that the type, location, and intensity of all new development and intensified developments adhere to the requirements specified in its particular land use category.

Community Development Element Policy 5 promotes the
comprehensive development consistent with the General Plan as opposed to piecemeal and incremental planning.
c. The proposed General Plan Amendment will not be detrimental to the public interest, health safety, convenience, or welfare of the City.

The purpose of the proposed General Plan Amendment is to properly remedy inconsistencies with previously adopted ordinances and inconsistencies with the General Plan. If adopted, the proposed changes to the General Plan Map will remedy the existing inconsistencies and non-conformities that were specifically caused by such. The maps will be updated to reflect the proposed changes. d. The affected properties are physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public

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PC Resolution No. 825(24)
General Plan Amendment No. 02-2024

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services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Planning Commission recommends that the City Council determine that the Project qualifies for a General Rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the General Plan Amendment, by itself, will have a significant effect on the environment.

4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the Planning Commission hereby recommends the City Council adopt and approve proposed General Plan Amendment No. 02-2024 to change the General Plan Map as shown in attached “Exhibit B”.

The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

ADOPTED AND APPROVED this 15th day of May 2024.

Maricela Frymark, Acting Chair
City of Irwindale Planning Commission
ATTEST:

Marilyn Simpson, AICP, Secretary

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PC Resolution No. 825(24)
General Plan Amendment No. 02-2024

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CITY OF IRWINDALE
COUNTY OF LOS ANGELES } ss.

STATE OF CALIFORNIA
I, Marilyn Simpson, AICP, Community Development Director of the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Irwindale held on the 15th day of May 2024, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

Marilyn Simpson, AICP, Secretary

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EXHIBIT "B"

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EXHIBIT "C"

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Item #22.D.

Date: June 12, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Zone Ordinance Amendment No. 01-2024, An exemption of public projects from the Irwindale Zoning Code
City Manager's Recommendation:

Adopt Ordinance No. 778, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AND ADDING SECTION 17.04.090 (“PUBLIC PROJECT EXEMPTION”) TO CHAPTER 17.04 (“GENERAL PROVISIONS AND REGULATIONS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE TO EXEMPT PUBLIC PROJECTS FROM THE ZONING CODE,” and find the project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Jamie Traxler, Assistant City Attorney
Reviewed by:

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

Julian A. Miranda, City Manager

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Background and Analysis:

BACKGROUND
The City-initiated proposal will amend the Irwindale Zoning Code to exempt City-initiated public projects from the permitting requirements of the code. The City of Irwindale does not currently exempt its City-initiated development and public projects from the Irwindale Zoning Code, set forth in Title 17 of the Irwindale Municipal Code. This means that when the City initiates a project, the City must obtain approvals from the Planning Commission and City Council, just as any other project applicant. This would include Site Plan and Design Review approval.

Because the City has the authority to institute its own land use regulations and has the power to make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety, the City may exempt itself from the land use regulations and permitting requirements set forth in the Zoning Code. This would improve the efficiency of public projects by eliminating the need to seek project development approvals, use permits, or zone changes following City Council direction to initiate a public project.

Exempting the City from its Zoning Code would authorize City Staff to process any City-initiated projects administratively and would negate the need for the City to request entitlements from the Planning Commission and City Council in order to build City projects.

The proposed exemption would be added to the Irwindale Municipal Code as Section 17.04.090, and would exempt any City initiated project for public purposes by the City of Irwindale (Exhibit A to Ordinance No. 778). This is consistent with the City of Irwindale’s General Plan because the General Plan contemplates that public land would be used for various governmental activities, including government offices, schools, hospitals, and libraries, and projects initiated for the benefit of general public welfare. The proposed Ordinance is in the best interest of the public health, safety, and welfare of the community. The Public Project Exemption will improve the efficiency of implementation of public projects directed by the City Council by eliminating the need to comply with specific development standards.

ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Project has been determined to qualify for a general rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the Zoning Code Amendment, by itself, will have a significant effect on the environment.

PLANNING COMMISSION REVIEW
On May 15, 2024, ZOA No. 01-2024 was presented to the Planning Commission. At that public hearing, the Planning Commission unanimously recommended that the City Council approve ZOA No. 01-2024 with the additional recommendation to provide direction to City staff to prepare an administrative policy for public participation on future proposed City facilities.

PUBLIC NOTICE

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The public notice was published in the newspaper on May 31, 2024.

Fiscal Impact:

There is no cost with the City Council approval of the Zone Ordinance Amendment.

Attachments:

1. Attachment A: Ordinance No. 778

2. Attachment B: May 15, 2024 PC Report

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Ordinance No. 778

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ORDINANCE NO. 778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AND ADDING SECTION 17.04.090 (“PUBLIC PROJECT EXEMPTION”) TO CHAPTER

17.04 (“GENERAL PROVISIONS AND REGULATIONS”) OF TITLE 17 (“ZONING”) OF

THE IRWINDALE MUNICIPAL CODE TO EXEMPT PUBLIC PROJECTS FROM THE

ZONING CODE
WHEREAS, a city has the power make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety; and WHEREAS, in executing that power, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Title 17 of the Irwindale Municipal Code (“Zoning”), otherwise known as the Zoning Code, regulates land use and development within the City of Irwindale (“City”) to protect the public health, safety, and welfare of its residents; and WHEREAS, the City Council desires to improve the efficiency of public projects by eliminating the need to seek project approvals following City Council direction to initiate a project; and
WHEREAS, the City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the activity in question will have no significant effect on the environment; and
WHEREAS, on May 15, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, regarding the proposed Ordinance to receive testimony and other evidence regarding the proposed Ordinance, including without limitation, information to the Planning Commission by City staff; and WHEREAS, on May 15, 2024 the Planning Commission adopted Resolution No. 826(24), recommending that the City Council approve proposed Ordinance No. 778, adding the Public Project Exemption to Chapter 17.04 of Title 17 of the Irwindale Municipal Code (Exhibit A); and
WHEREAS, the City Council now desires to approve the Public Project Exemption in order to further protect the public health, safety, and welfare of its residents; and WHEREAS, the proposed Ordinance is consistent with and will implement the City’s vision, goals, and policies of the Irwindale 2020 General Plan; and

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Ordinance No. 778

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WHEREAS, on June 12, 2024, the City Council held a duly noticed public hearing, as required by law, on the proposed Ordinance to receive testimony and other evidence regarding the Public Project Exemption, including without limitation, information provided to the City Council by City staff; and
WHEREAS, the Public Project Exemption is authorized pursuant to Section 400 of the City Charter and Section 7, Article XI of the California Constitution as a police powers measure to improve the public welfare of the City; and
WHEREAS, consistent with the City Charter, the Public Project Exemption may be established by ordinance; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

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

SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.

SECTION 2. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the recommendation of the Planning Commission, the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby finds that the proposed Public Project Exemption is consistent with and will implement the City’s vision, goals, and policies of the Irwindale 2020 General Plan. The City Council further finds that the Public Project Exemption is consistent with state law, and the proposed Ordinance is in the interest of the public.

In particular, the proposed Ordinance is in the best interest of the public health, safety, and welfare of the community. The Public Project Exemption will improve the efficiency of implementation of public projects directed by the City Council by eliminating the need to comply with specific development standards.

SECTION 3. The City Council hereby adopts and adds section 17.04.090 (”Public Project Exemption”) to Chapter 17.04 (“General Provisions and Regulations”) of Title 17 (“Zoning”) of the Irwindale Municipal Code to read in its entirety as follows:
“17.04.090 -- Public Project Exemption
Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title shall not apply to any City initiated buildings, improvements, lots or premises owned, leased, operated or controlled by the City for public purposes, or any City project for public purposes by the City of Irwindale.”

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Ordinance No. 778

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SECTION 4. The City Council hereby finds and determines based on the independent judgment of the City Council, after consideration of the whole of the administrative record, that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the activity in question will have no significant effect on the environment.

SECTION 5. 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, and each section, 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 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. City staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to it taking effect.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of June, 2024.

Albert F. Ambriz, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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 Ordinance No. 778 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on June 12, 2024, and duly adopted at a

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Ordinance No. 778

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regular meeting of the City Council of the City of Irwindale held on June 26, 2024, and was carried by the following-roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 778 adopted by the City Council of the City of Irwindale at its regular meeting held June 26, 2024, to be posted at the City Hall, Library, and Post Office on June 27, 2024.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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Irwindale City CouncilJune 12, 2024

Irwindale City Council
June 12, 2024