Irwindale City Council
July 24, 2024

Legislation Cheat Sheet
Name Year Description
CA Govt
Code
Section
65302.5
1985 Requires local governments to include a Safety Element in their general plans that addresses the protection of people and property from various hazards.

CA Govt
Code
Section
65302(h
2016 Mandates that cities and counties consider environmental justice issues in their general plans, particularly focusing on how disadvantaged communities are affected by land use decisions and planning policies.

AB 65 2013 Expands the types of hazards to be considered in the Safety Element to include climate change impacts such as extreme heat, drought, and sealevel rise.

AB 70 2007 Places liability on local governments for approving new development in flood-prone areas without adequate flood protection measures.

AB 162 2007 Requires the Safety Element to include information on flood hazards and policies to reduce the risk of flooding.

AB 617 2017 Focuses on improving air quality and reducing pollution in disadvantaged communities, requiring local air districts to develop and implement community emissions reduction programs and air monitoring plans.

AB 686 2018 Requires public agencies to administer programs and activities that affirmatively further fair housing and ensure equal housing opportunities.

AB 747 2019 Requires the identification of evacuation routes and consideration of their capacity, safety, and viability under a range of emergency scenarios in the Safety Element.

AB 1550 2016 Requires a percentage of funds from the Greenhouse Gas Reduction Fund to be invested in projects benefiting disadvantaged communities, with a focus on direct investment.

AB 1628 2019 Amends existing laws to ensure that climate adaptation and resilience efforts specifically benefit disadvantaged communities.

AB 2140 2006 Encourages the integration of the Local Hazard Mitigation Plan into the Safety Element of the general plan for comprehensive hazard mitigation planning
AB 2722 2016 Establishes the Transformative Climate Communities Program, funding development and infrastructure projects that reduce greenhouse gas emissions and benefit disadvantaged communities.

SB 5 2007 Requires local governments in the Sacramento-San Joaquin Valley to amend their general plans to include specific findings related to flood protection.

SB 99 2019 Requires local governments to identify residential developments in hazard areas that do not have at least two emergency evacuation routes.

SB 244 2011 Mandates that local governments identify disadvantaged unincorporated communities within or near their boundaries in the Land Use Element of the general plan and address their infrastructure and service needs.

SB 379 2015 Requires the inclusion of climate adaptation and resilience strategies in the Safety Element, incorporating climate change projections and mitigation measures.

SB 535 2012 Requires a portion of cap-and-trade program proceeds to be allocated to projects that benefit disadvantaged communities.

SB 1000 2016 Requires the inclusion of an EJ Element in the general plan or the integration of EJ policies into other elements during updates. The EJ Element must identify disadvantaged communities and include policies to reduce health risks, promote civic engagement, and prioritize improvements for these communities.

SB 1035 2018 Mandates updates to Safety Elements to address climate adaptation and resilience strategies, particularly after updates to the Local Hazard Mitigation Plan or new flood hazard information becomes available.

SB 1241 2012 Requires the Safety Element to address wildfire risks, particularly in State Responsibility Areas (SRAs) and Very High Fire Hazard Severity Zones (VHFHSZs), and to incorporate measures for reducing wildfire risks.

Surface
Mining &
Reclama
tion Act
(SMARA
)
1975 To ensure that adverse environmental effects of surface mining are minimized and mined lands are reclaimed to a usable condition that is readily adaptable for alternative land uses.

Terms and Definitions

1. Environmental Justice (EJ): The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

2. Disadvantaged Communities: Communities that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. These are often identified based on criteria such as income, pollution burden, and health outcomes.

3. Adaptation: The process of adjusting to actual or expected climate and its effects. It involves making changes in practices, processes, or structures to reduce the negative impacts of climate change.

4. Resilience: The capacity of individuals, communities, and systems to survive, adapt, and thrive in the face of stress and shocks. In the context of climate change, resilience refers to the ability to prepare for, respond to, and recover from climate-related hazards.

5. Sustainability: The practice of meeting current needs without compromising the ability of future generations to meet their own needs. It involves managing resources in a way that ensures long-term ecological balance, economic prosperity, and social well-being.

6. Climate Change: Long-term changes in temperature, precipitation, wind patterns, and other elements of the Earth's climate system. Climate change can result from both natural processes and human activities, particularly the burning of fossil fuels, deforestation, and industrial processes that release greenhouse gases into the atmosphere.

General Plan, Housing, Environmental Justice, and Safety Elements

CITY OF IRWINDALE
General Plan Environmental Justice & Safety Elements
July 24, 2024
City Council Review

General Plan, Housing, Environmental Justice, and Safety Elements Meeting Purpose
• Present Environmental Justice and Safety Elements with a focus on Draft Implementation Actions
• Request City Council recommendation for any modifications to Draft Environmental Justice and Safety Element Implementing Actions Public Review Drafts of the Environmental Justice and Safety Elements are available on City of Irwindale Housing Element & General Plan Update web page:
https://www.irwindaleca.gov/570/Housing-Element-General-Plan-Update

General Plan, Housing, Environmental Justice, and Safety Elements Agenda
• Presentation
• Overview of Safety Element and Associated State Laws
• Summary of Proposed Safety Element Implementing Actions • Overview of EJ Element and Associated State Laws
• Summary of Proposed EJ Element Implementing Actions
• City Council Discussion and Direction
• Summary of Engagement Activities
• Next Steps

General Plan, Housing, Environmental Justice, and Safety Elements What is a Safety Element?

General Plan, Housing, Environmental Justice, and Safety Elements What is the Safety Element?
Objective
• Addresses potential risks to life and
property resulting from naturally
occurring hazards, such as earthquakes
and floods, and man-made hazards
such as air pollution and contamination
of water quality. The Safety Element
also identifies public safety providers
such as law enforcement and
emergency preparedness and response
team.

Element of the General Plan
• Required for every City and County in
California
• Updates triggered by Hazard Mitigation
Plan (5-year cycle) and Housing Element
Update (8-year cycle)
• Approved by
• CA Department of Housing & Community
Development (HCD)
• CA Office of Emergency Services (Cal OES)
• California Department of Forestry and Fire
Protection (Cal Fire)
• Federal Emergency Management Agency
(FEMA)

General Plan, Housing, Environmental Justice, and Safety Elements Compliance with CA Legislation
CA Govt. Code Section 65302(g)
• Outlines the requirements for the Safety Element.

Surface Mining and Reclamation Act (SMARA)
• Regulates mining activities and reclamation requirements.

AB 2140 (2006)
• Encourages the integration of the Local Hazard Mitigation Plan into the Safety Element of the General Plan to ensure comprehensive hazard mitigation planning.

AB 70 (2007)
• Specifies requirements for flood hazard identification, risk reduction policies, and zoning protections.

AB 162 (2007)
• Requires that the Safety Element include information on flood hazards and policies to reduce the risk of flooding.

SB 1241 (2012)
• Requires the Safety Element to address wildfire risks, particularly in State Responsibility Areas (SRAs) and Very High Fire Hazard Severity Zones (VHFHSZs), and to incorporate measures for reducing wildfire risks.

General Plan, Housing, Environmental Justice, and Safety Elements Compliance with CA Legislation Continued
AB 65 (2013)
• Expands the types of hazards that must be considered in the Safety Element to include climate change impacts, such as extreme heat, drought, and sea-level rise.

AB 617 (2017)
• Focuses on improving air quality and reducing pollution in disadvantaged communities. • Requires local air districts to develop and implement community emissions reduction programs and air monitoring plans .

SB 379 (2015)
• Requires that the Safety Element include climate adaptation and resilience strategies by incorporating climate change projections and mitigation measures.

SB 1035 (2018)
• Mandates Safety Element updates to address climate adaptation and resilience strategies, particularly after updates to the Local Hazard Mitigation Plan or as new flood hazard information becomes available.

AB 747 (2019)
• Requires the Safety Element to identify evacuation routes and consider their capacity, safety, and viability under a range of emergency scenarios.

SB 99 (2019)
• Requires local governments to identify residential developments in hazard areas that do not have at least two emergency evacuation routes.

General Plan, Housing, Environmental Justice, and Safety Elements Safety Element Topics
• Air Quality
• Drought
• Extreme Weather
• Flooding
• Geologic and Seismic Hazards
• Hazardous Materials
• Law Enforcement and Crime
• Wildfire
• Emergency Preparedness
Safety Element Organization
• Section 1: Introduction
• Section 2: Existing Conditions
• Section 3: Goals, Policies and Actions
• Section 4: Implementation
• Section 5: References
• Appendices
• Existing Conditions Report
• Community Engagement Report

General Plan, Housing, Environmental Justice, and Safety Elements Proposed Safety Programs

General Plan, Housing, Environmental Justice, and Safety Elements Policy 1.1 Air Quality Planning and Collaboration State Legislation Action 1.A Monitor Assembly Bill (AB) 617 Community Air Protection Program implementation in nearby communities that affect local and regional air quality.

AB 617
Action 1.B Participate in the San Gabriel Valley Council of Governments’ programs for monitoring and improving air quality.

AB 617
Policy 1.2 Air Quality Monitoring
Action 1.C Track reporting of average air quality levels for ozone and particulate matter on a monthly basis to develop a long-term tracker for assessing trends in local air quality levels.

AB 617
Policy 1.3 Climate Action and Adaptation
Action 1.D Seek grant funding to support the preparation of a climate action and adaptation plan. SB 379 Policy 1.4: Local Health Service
Action 1.E Track public health data in Irwindale through annual reporting from the CDC.

Action 1.F Expand the existing Resident Benefit program to provide educational resources from local hospitals, clinics, and other health organizations for increasing safety to air pollution.

Goal 1: A safe environment with continuously good air quality (i.e., air quality index value of 50 or below) that ensures a healthy and sustainable quality of life for current and future generations. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 2.1 Sensitive Uses near Pollution Sources
Action 2.A Update design guidelines to facilitate sustainable landscaping and promote greater density of urban greening.

SB 379
Policy 2.2 Protection from Polluting Sites
Action 2.B Evaluate existing, designated truck routes to prioritize locations for new and improved buffers.

Goal 2: A community with complementary uses that reduce air pollution exposure and prioritize the health and safety of people and the environment.

Goal 3: A community that maximizes natural elements in design and infrastructure to promote quality air and mitigate pollution.

Policy 3.1 New Parks
Action 3.A Identify potential sites within existing parks or the public right-of-way for new tree plantings in the western and northern areas of the city.

SB 379
= community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 4.1 Interagency Collaboration
Action 4.A Continue to support the Upper San Gabriel Valley Municipal Water District Urban Water Management Plan, for long-term resource planning of water supplies to meet existing and future needs.

SB 379
Policy 4.4 Water Resource Protection Partnerships
Action 4.C Implement green infrastructure measures to be incorporated into all new development and redevelopment applications to facilitate groundwater recharge.

SB 379
Policy 4.5 Compliance with LA County Building Code
Action 4.D Create City programs as feasible to incentivize the use of water conservation techniques. SB 379 Action 4.E Install drought-tolerant landscaping at City-owned facilities. SB 1035 Goal 4: A sustainable supply of water resources that meets current and long-term community needs for domestic, industrial, and recreational needs.

Goal 5: A community that is educated about the effects of drought.

Policy 5.1 Water Conservation Education
Action 5.A Collaborate with Water Districts and organizations to develop an educational program to inform residents and employees of the status of the drought and water supply, and the importance of conservation.

SB 379 and SB 1035
= community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 6.1 Extreme Weather Safety
Action 6.A Review current design guidelines for areas of opportunity to increase standards that promote urban heat mitigation.

SB 65
Action 6.B Seek funding opportunities for climate adaptation to reduce the urban heat island effect with natural solutions and green infrastructure.

SB 65
Action 6.C Promote local and regional agency and utility programs that provide assessments and assistance to businesses, schools, and households for weatherization improvements.

SB 65
Policy 6.2 Public Improvements
Action 6.D Adopt and enforce the latest building codes to increase resiliency of the built environment. SB 379 and SB 1035 Action 6.E Install weatherproof shelters, such as awnings and sunshades, and increase tree canopy in the public right of way that protects residents and visitors from extreme weather.

SB 379
Action 6.F Identify facilities where cool roofs, green roofs, and/or green facades can be installed to help reduce the urban heat island effect.

SB 379 and SB 65
Goal 6: A resilient community with effective adaptation measures to address extreme weather hazards. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 7.1 Urban Greening Amenities
Action 7.A Identify park needs in the community
Action 7.B Maintain a list of drought-tolerant and heat-resistant trees that are suitable for planting for Southern California’s weather and soil conditions.

Action 7.C Develop guidelines to support “right tree, right place” plantings, where appropriate and approved species are planted according to best practices.

Goal 7: A community with parks and open spaces, greenways, and trees that help to reduce the urban heat island effect, mitigate extreme heat, and reduce impacts to the community.

Goal 8: A community that is protected from flood hazards, with adequate safety protections in areas subject to potential inundations.

Policy 8.4 Storm Drain Master Plan
Action 8.A Prioritize storm drain studies and maintenance on areas that are identified for disaster relief. AB 2140 and SB 1035 = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 9.2 New Development in Dam Failure Inundation Areas State Legislation Action 9.A Develop a local dam failure evacuation plan. AB 2140 and SB 1035 Action 9.B Identify secondary evacuation routes that are susceptible to dam-failure-related impacts SB 379 and AB 2140 Action 9.C Amend the zoning ordinance to create provisions that protect or restrict sensitive uses and critical uses within flood hazard areas and designated dam inundation areas.

AB 2140
Action 9.D Identify and retrofit existing city assets that are subject to dam failure.

Goal 9: Minimized personal injury and property damage losses resulting from dam failure.

Goal 10: A community protected from seismic and geologic hazards that ensure public health and safety as well as city infrastructure and services are maintained.

Policy 10.3 Structural Hazards
Action 10.A Implement slope stabilization projects in the highest risk areas, particularly around the existing 17 mines in the city.

Policy 10.4 Critical Facilities
Action 10.B Retrofit City-owned critical facilities and buildings to increase their capability to withstand earthquakes.

SB 379

General Plan, Housing, Environmental Justice, and Safety Elements Policy 11.5 Transportation
Action 11.A Identify and establish specific travel routes for the transport of hazardous materials and wastes, focusing on the capacity to safely accommodate additional truck traffic, avoidance of residential neighborhoods and areas.

Policy 11.6: Hazardous Waste Spills and Cleanup
Action 11.B Post informational resources on the City's website that link to the websites of the county, state, and federal agencies that regulate hazardous materials.

SB 379 and SB 1035
Action 11.C Create a program to work with property owners to identify hazardous materials risks and ensure remediation of hazardous building materials such as asbestos and lead.

AB 70
Policy 11.7 Certified Unified Program Agency (CUPA) Coordination Action 11.D Regularly inspect buildings/facilities in which hazardous materials accidents would pose a threat to the community. SB 379 and AB 2140 Policy 11.8 Existing Mining Pits
Action 11.E Require the planned reclamation of the mining pits with consideration of the land's potential for recreational, scenic uses, residential, or commercial development.

SMARA
Action 11.F Seek grant opportunities/partnerships to expedite the full cleanup of the remaining sites. SB 379 Action 11.G Ensure all necessary city staff has Surface Mining and Reclamation Act (SMARA) training. SMARA Action 11.H Create a City website that lists the mining pits, operation status, reclamation plans, & other applicable information. SB 379 and AB 162 Action 11.I Require that all mining operations be adequately reviewed during the reclamation and closing processes. SMARA Goal 11: A safe & healthy community that minimizes public health risks and threats from hazardous materials & waste.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 12.1 Police Services Management
Action 12.A Review existing mutual aid agreements with partnering agencies providing police and fire services from city departments to assess the need for increased support to reduce crime.

SB 379
Action12.B Assess Police Department resources & support needed for clearing/closing crimes & increasing % of crimes cleared. AB 162 Policy 12.2 Patrolling and Surveillance
Action 12.C Engage community members, groups, and organizations, through public workshops to hear community concerns regarding perceptions of unsafe areas in Irwindale.

AB 162 & SB
379
Action 12.D Conduct a yearly evaluation of local businesses’ reliance on police services to assess their usage levels. AB 162 Policy 12.3 Business Watch
Action 12.E Designate a city official or law enforcement liaison as the point of contact for Business Watch Groups. AB 162 & SB 379
Action 12.F Establish a dedicated communication channel for reporting incidents and feedback. SB 379 Action 12.G Provide training sessions on crime prevention, emergency preparedness, etc., for Business Watch members. AB 162 & SB 379
Action 12.H Promote the Business Watch Program SB 379
Action 12.I Schedule regular meetings to discuss safety concerns, share information, and incorporate community and law enforcement feedback.

AB 162
Goal 12: A resourced police department with sufficient staffing, equipment, resources, and readiness to address crime, respond to local emergencies, and increase community safety. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 13.2 Police and Community
Action 13.A Involve the Police Department in community events & programs where officers can engage with community members
SB 379
Action 13.B Conduct regular meetings at public facilities that are near residential neighborhoods & places of employment, to share updates on crime and hear community member concerns.

AB 162
Action 13.C Implement the Park Watch Program to support residents with regular maintenance and patrolling of parks & open spaces.

AB 162
Goal 13: An engaged and responsive community that contributes to reporting, information sharing, & crime reduction.

Goal 14: A built environment that improves public safety, discourages and prevents crime, and instills a sense of community ownership for people and property in Irwindale.

Policy 14.1 Urban Design
Action 14.A Create citywide objective design standards that address crime prevention through urban design AB 162 Policy 14.3 Implementation of Safety Features
Action 14.B Assess current street lighting fixtures to prioritize needs for increased and/or improved lighting and help deter theft.

Action 14.C Ensure that minimum standards for streetlights are met and update standards as necessary AB 162 = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 15.4 Fire Codes State Legislation
Action 15.A Update local zoning and subdivision codes to designate wildfire hazard overlay zones. SB 1241, AB 2140, & CAL FIRE
Policy 15.5 Consistency with California Codes
Action 15.B Review and update the city’s municipal code as necessary to bring it into compliance with California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry, Chapter 7, Fire Protection.

CAL FIRE
Action 15.C Adopt the most recent County of Los Angeles Fire Department Strategic Fire Plan. CAL FIRE Policy 15.6 Existing Structures in VHFHS
Action 15.D Prioritize public and private funding for fire risk reduction to assist private landowners in implementing safety measures.

SB 1241 & CAL FIRE
Policy 15.11 Flammable Plant Specie
Action 15.E Identify plant species that are highly flammable and pose risks to the community, with an inventory of their location and risk level.

SB 1241
Action 15. F Adopt a fire-resistant landscape ordinance. SB 1241 & CAL FIRE Goal 15: A city where residents & businesses are safe from wildfires & are prepared for the hazards associated with wildfire spread.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 15.13 Fire Prevention Techniques
Action 15.G Coordinate with CAL FIRE, Fire Safe Councils, public works, fire districts, and other community organizations to ensure proper maintenance of fire breaks.

SB 1241 & CAL FIRE
Action 15.H Maintain open spaces within & around the Santa Fe Dam Recreation Area and San Gabriel River Basin so that ground fuels do not promote the spread of wildfire and aerial fuels do not allow the spread of a fire.

SB 1241
Policy 15.15 Non-Conforming Development
Action 15.I Identify existing non-conforming development, prioritizing sensitive uses within VHFZs. SB 1241 & CAL FIRE Goal 15 Continued
Goal 16: A city that responds with the maximum feasible speed and efficiency to disaster events so as to minimize injury, loss of life, property damage, and disruption to the social and economic life of the city.

Policy 16.1 Emergency Response Planning
Action 16.A Review and update the city’s Local Hazard Mitigation Plan every 5 years. 44 CFR Part 201.6 Policy 16.5 Post-Disaster Evaluation
Action 16.B Ensure post-fire redevelopment complies with the most current version of the California Building Codes and California Fire Code.

CAL FIRE

General Plan, Housing, Environmental Justice, and Safety Elements Policy 16.6 Community Capacity
Action 16.C Implement hazard awareness, education, and preparation programming. CAL FIRE Action 16.D Partner with neighboring jurisdictions & CBOs to develop a program for building community safety awareness. CAL FIRE Policy 16.8 Critical Facilities
Action 16.E Collaborate with community-serving utilities & public facilities that are critical to effective disaster response to evaluate their ability to operate efficiently after a major disaster.

SB 379
Policy 16.10 Emergency Evacuation.

Action 16.F Provide evacuation information to residents, businesses, and visitors to help improve emergency preparedness. AB 747 Action 16.G Review, evaluate, and update emergency evacuation routes upon each update of the city’s Safety Element or Local Hazard Mitigation Plan, as understanding of hazard impacts improve and climate change impacts continue.

AB 747
Action 16.H Upon the next update of the Local Hazard Mitigation Plan, update city maps that address the adequacy of evacuation routes and their capacity, safety, and viability.

AB 747 & CAL FIRE
Action 16.I Consider additional actions with established fire standards for evacuation route plans in VHFHSV, such as increasing capacity using contraflow lanes or shoulders, managing traffic control to minimize outflows from evacuation areas, prohibiting street parking on high-hazard days, improving communication systems and disaster alerts, etc.

AB 747 , SB 379 &

CAL FIRE
Action 16. J Continue to use the Dan Diaz Recreation Center as a disaster relief center for major disasters, and the Senior Center as a disaster relief center during smaller emergencies and disasters.

AB 747
Goal 16 Continued

General Plan, Housing, Environmental Justice, and Safety Elements What is an EJ Element?

General Plan, Housing, Environmental Justice, and Safety Elements What is the EJ Element?
Objective
• Addresses the inequities and
disparities in environmental
conditions and resources. The EJ
Element also identifies lowincome populations and
communities of color that bear a
disproportionate burden of
environmental hazards and
pollution.

Element of the General Plan
• Required for every City and County in
California with disadvantaged communities
• Updated triggered by the Housing and
Safety Element Updates (8-year cycle)
• While state agencies like the California
Office of Planning and Research (OPR)
provide guidelines and technical
assistance, they do not formally approve
the EJ Element.
• OPR may review and comment on the
element.

General Plan, Housing, Environmental Justice, and Safety Elements Compliance with CA Legislation
CA Govt. Code Section 65302(h)
• Mandates that cities and counties with disadvantaged communities (DACs) adopt an EJ Element or integrate environmental justice goals, policies, and objectives into other elements of the General Plan.

SB 1000 (2016)
• Requires local governments to include an Environmental Justice Element in their general plans or integrate EJ policies into other elements when they update two or more elements concurrently.
• The EJ Element must identify DACs and include policies to reduce health risks, promote civic engagement, and prioritize improvements and programs that address the needs of these communities.

AB 1550 (2016)
• Requires that a percentage of funds from the Greenhouse Gas Reduction Fund be invested in projects that benefit DACs.

AB 617 (2017)
• Focuses on improving air quality and reducing pollution in DACs. • Requires local air districts to develop and implement community emissions reduction programs and air monitoring plans.

SB 1383 (2016)
• Reduces methane emissions, primarily through the reduction of organic waste disposed of in landfills.

AB 1628 (2019)
• Amends existing laws to further ensure that climate adaptation and resilience efforts specifically benefit DACs.

General Plan, Housing, Environmental Justice, and Safety Elements EJ Element Topics
• Reduce Pollution Exposure and Improve Air Quality
• Promote Safe and Sanitary Homes and Neighborhoods
• Promote Health and Physical Activity
• Promote Healthy Food Access
• Promote Access to Public Facilities
• Promote Civic Engagement
EJ Element Organization
• Section 1: Introduction
• Section 2: Existing Conditions
• Section 3: Goals, Policies and Actions
• Section 4: Implementation
• Section 5: References
• Appendices
• Existing Conditions Report
• Community Engagement Report

General Plan, Housing, Environmental Justice, and Safety Elements Proposed EJ Programs

General Plan, Housing, Environmental Justice, and Safety Elements Policy 1.1 Promote Healthy Land Use Patterns State Legislation Action 1.A Update zoning regulations to prohibit the development of new residential uses within 500 feet of a freeway and establish a buffer to protect sensitive receptors from industrial uses and truck routes.

SB 1000
Action 1.B Evaluate the health risks on sensitive populations when building or expanding roads or redesignating citywide truck routes. SB 1000 Action 1.C Seek and prioritize grant funding to implement projects and programs in residential neighborhoods that mitigate air pollution impacts on sensitive receptors.

SB 1000
Policy 1.2 Increase Monitoring and Transparency
Action 1.D Increase the number of air monitoring stations in areas that are most affected by air pollution. AB 617 Action 1.E Publish air quality data from these new monitoring locations on the City’s website. SB 1000 Action 1.F Identify/map businesses, stations, and locations that were granted a conditional use permit (CUP) for the use/sale/storage of any materials classified as toxic or hazardous.

SB 1000
Policy 1.3 Prevent Soil and Water Contamination
Action 1.G Analyze the effectiveness of the Sanitary Sewer and Industrial Waste Ordinance in preventing the contamination of soil and surface water and groundwater.

AB 1628
Action 1.H Establish a regular water testing program in areas surrounding industrial sites. AB 617 Action 1.I Provide and distribute at-home water testing kits to residents. AB 1550 Action 1.J Conduct community workshops and/or surveys to gather interest in investing and prioritizing EV infrastructure. SB 1000 Goal1: All individuals and communities have access to clean and healthy air and reduced exposure to harmful pollutants and materials. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 2.1 Increasing Urban Greening
Action 2.A Implement an urban tree planting program to increase the number of trees in public urban areas. SB 1000 Action 2.B Update zoning regulations to support and incentivize the installation of green roofs and walls on new and existing buildings. SB 1000 Action 2.C Partner with Garden View to expand Garden Tips with Gardy & Woody to schools and neighborhoods. SB 1000 Action 1.K Assess the potential sites and determine the locations for EV infrastructure. SB 1000 Action 1.L Assess the need for hydrogen fueling infrastructure. SB 1000 Goal 2: A City that equitably promotes urban greening and uses green strategies to improve air quality in all communities.

Policy 3.1 Promote Environmental Justice Education
Action 3.A Host community workshops on how City residents can access air quality data, how to protect themselves from exposure to air pollution, & actions they can take to reduce their own contributions to air pollution.

SB 1000
Action 3.B Support residential monitoring of air quality. AB 617 Action 3.C Include information regarding air quality & pollution information/resources in the residential newsletter, Inside Irwindale. AB 617 & SB 1000 Policy 3.2 Encourage Workplace Education Programs.

Action 3.D Establish an Air Quality and Pollution Education program that new & existing employers will be invited to share with their employees.

AB 617 & SB 1000
Goal 3: Community members have access to air quality and pollution education and resources. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 4.1 Minimize Truck Impacts
Action 4.A Ensure that design of new facilities allows for the queuing of trucks on-site and away from sensitive receptors. AB 617 & SB 1000 Action 4.B Restrict and enforce the queuing of trucks on streets or elsewhere outside of facilities. SB 1000 Action 4.C Require on-site signage for directional guidance to trucks entering and exiting facilities. AB 617 & SB 1000 Action 4.D Install signs in residential areas indicating no-idling zones and displaying the associated fines. AB 617 & SB 1000 Action 4.E Establish a system where residents can easily report instances of excessive truck idling. AB 617 & SB 1000 Action 4.F Implement regulations to allow for the widening of roads on designated truck routes. SB 1000 Action 4.G Conduct assessments of truck impacts on sensitive receptors as needed. AB 617 & SB 1000 Policy 4.2 Sustainable Commercial Development
Action 4.H Develop clear and transparent criteria for evaluating new commercial proposals, giving weight to sustainability factors. SB 1000 Action 4.I Develop incentives (expedited permit processing, reduced fees, tax incentives) to attract businesses with sustainable practices. SB 1000 Action 4.J Distribute informational materials to the community to ensure their input is integrated into the evaluation of proposals. SB 1000 Policy 4.3 Responsible Businesses
Action 4.K Update City landscaping to require businesses to adopt sustainable landscaping practices. SB 1000 Action 4.L Conduct periodic inspections to ensure businesses are complying with drain maintenance requirements. AB 617 & SB 1000 Action 4.M Establish penalties for businesses that neglect their drain maintenance responsibilities. AB 617 & SB 1000 Goal 4: Industrial facilities & uses contribute to community members’ well-being by properly considering environmental & health impacts.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 5.1 Make Data-Informed Community Investments
Action 5.A Coordinate with local, regional, and state agencies involved in housing initiatives to gather & maintain data on living conditions to help evaluate opportunities for local investments.

SB 1000
Policy 5.2 Expand Community Engagement
Action 5.B Establish a community feedback program on the City webpage to gather info following the implementation of new housing programs. SB 1000 Policy 5.3 Promote Fair Housing
Action 5.C Identify metrics that help determine the accessibility and utilization of rental assistance and landlord mediation resources. AB 1550 Action 5.D Evaluate the accessibility of existing renter assistance resources.

Policy 5.4 Increase Home Efficiency
Action 5.E Distribute information to households and business on funding and assistance opportunities. AB 1550 Action 5.F Host informational workshops that educate community members on strategies to improve efficiency within their homes. AB 1628 Policy 5.5 Ensure Healthy Homes and Code Compliance
Action 5.G Create a streamlined home maintenance program for renters to report maintenance issues and locate funding.

Action 5.H Conduct comprehensive assessments of for-rent residential structures. AB 1628 Action 5.I Establish a city grant program aimed explicitly at weatherproofing existing houses. AB 1628 Policy 5.6 Mold Programs
Action 5.J Launch a citywide awareness and education campaign on mold prevention, identification, and remediation techniques.

Goal 5: A City with livable neighborhoods where all residents have access to safe and sanitary housing.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 5.6 Continued
Action 5.K Allocate resources to research and identify federal, state, and private grants related to mold abatement and residential retrofitting. SB 1000 Action 5.L Assist residents in preparing and submitting grant applications.

Policy 5.7 Promote Safe Neighborhood
Action 5.M Involve residents & CBOs to create anti-displacement policies that will help residents stay in place when beautification is undertaken.

Action 5.N Improve neighborhood amenities in public spaces that are built sustainably and enhance quality of life for residents. SB 1000 Action 5.O Prioritize improved lighting, particularly near sand and gravel pits, around bus stops, and on the north side of Foothill Blvd.

Action 5.P Review the existing lighting schedules in public areas, including streets, parks, and other communal spaces, & adjust them to accommodate daylight savings time changes.

AB 1628
Action 5.Q Assess the need or impact of integrating energy-efficient LED lighting technologies to reduce energy consumption and environmental impact.

AB 1628
Policy 5.9 Code Enforcement Reporting
Action 5.R Establish multiple accessible reporting channels, including an online portal on the City’s official website and a mobile application.

Action 5.S Provide an anonymous reporting option for residents, and other persons reporting, who prefer not to disclose their identity.

Action 5.T Implement a system to acknowledge receipt of reports and follow up promptly.

Goal 5: Continued
= community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 5.9 Increase Community Safety
Action 5.U Work with City departments and local organizations to develop culturally appropriate programs and activities that promote social cohesion and safety in the community.

SB 1000
Action 5.V Increase safety through community and neighborhood watch programs.

Policy 5.10 Storm Preparedness
Action 5.W Organize storm preparedness workshops and training sessions where residents can create emergency kits, secure property, and help develop evacuation plans.

SB 1628
Action 5.X Offer training programs, including basic first aid, search and rescue techniques, and communication strategies, for community volunteers interested in assisting with storm preparedness efforts.

Goal 5: Continued
= community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 6.1 Implement Health in All Policies (HiAP)
Action 6.A Identify guiding HiAP principles and establish procedures for the implementation of HiAP for future plans and program. SB 1000 Action 6.B Provide training to City staff on the HiAP approach and procedures to ensure health and physical activity is considered within all departmental initiatives.

Policy 6.2 Promote Existing Health Programs
Action 6.C Provide targeted outreach to community members to increase awareness of City healthcare programs. SB 1000 Policy 6.3 Create Health and Physical Activity Fair
Action 6.D Collaborate with local healthcare providers to develop an annual Health Fair.

Policy 6.4 Collaborate with the City of Hope
Action 6.E Identify existing opportunities to engage in regionwide programs conducted by City of Hope. AB 1628 Action 6.F Establish a strategic partnership that could address leading community health risks, promote mental health, and health monitoring programs. AB 1628 Policy 6.5 Update Website
Action 6.G City of Irwindale website to include information and resources related to health and physical activity.

Action 6.H Establish and manage a Listserv to distribute a monthly schedule of information related to health and physical activity.

Action 6.I Ensure that the City website remains up-to-date regarding recreational activities and updates related to the Dan Diaz Recreation Center.

Policy 6.6 Expand Park Access
Action 6.J Identify & eliminate barriers, such as the appropriateness or desirability of the types of recreational programs, as well as the cost or accessibility concerns. SB 1000 Action 6.K Develop a voucher program that allow low-income residents of Irwindale to access the Santa Fe Dam Recreation Center at a free or reduced price. SB 1000 Action 6.L Send flyers to community members to ensure that they are aware of events, activities, and programs at the Santa Fe Dam Recreation Center. SB 1000 Goal 6: A community that provides access to programs, services, and a built environment that promotes healthy and active lifestyles suited to and available for all community members.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 6.7 Enhancing Active Transportation
Action 6.M Conduct a comprehensive assessment to identify critical routes for bike lane expansion. SB 1000 Action 6.N Install clear, intuitive signs indicating bike routes, pedestrian paths, distances to key destinations, and estimated walking/cycling times. SB 1000 Action 6.O Invest in pedestrian-friendly infrastructure. SB 1000 Policy 6.8 Provide Free Physical Activity Programming
Action 6.P Continue to provide free and accessible physical activity programming through the Dan Diaz Recreation Center. SB 1000 Policy 6.9 Increase Recreation Programming Access
Action 6.Q Conduct an annual community survey to assess community satisfaction and participation in existing programming. SB 1000 Action 6.R Using survey results conduct targeted engagement of individuals who are not utilizing the Dan Diaz Center in order to identify any barriers and increase program engagement.

SB 1000
Policy 6.10 Expand Employee Recreation Access
Action 6.S Evaluate whether the Dan Diaz Recreation Center has capacity to extend free/reduced programming to employees who work in the city. SB 1000 Action 6.T Identify partnership opportunities that would allow for expanded access to the Dan Diaz Recreation Center. SB 1000 Policy 6.11 Expand the Tree Canopy
Action 6.U Dedicate funds in the Capital Improvement Plan to the maintenance, expansion, and protection of the City’s tree canopy. AB 1628 Action 6.V Engage the public to prioritize locations of pedestrian rights-of-way for tree plantings. SB 1000 Action 6.W Develop a user-friendly educational module that is accessible on City website to educate residents on the advantages of planting trees. SB 1000 = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 7.1 Encourage Healthy Food Businesses
Action 7.A Offer incentives such as tax reductions and expedited permitting to healthy food businesses. SB 1000 Action 7.B Offer direct assistance to healthy food entrepreneurs to help them understand and meet public health guidelines and vending regulations.

SB 1000
Action 7.C Provide free publicity in City communications to healthy food entrepreneurs. SB 1000 Action 7.D Require a minimum amount of staple and/or fresh foods as a condition for a liquor license. SB 1000 Action 7.E Confirm that the Schabarum Avenue Kaiser campus farmers will indeed open as planned and will be adequate to meet the community’s needs.

SB 1000
Action 7.F Incentivize the SGV Farmers Market to allow non-SGV tenants to buy food at their farmers market. SB 1000 Action 7.G Organize events and activities that coincide with farmer's markets to encourage attendance. SB 1000 Policy 7.2 Lead by Example
Action 7.H Update the City’s food purchasing practices, to require all its departments to prioritize local economies, environmental sustainability, valued workforce, animal welfare, and nutrition in their food purchases.

SB 1000
Action 7.I Encourage all other Irwindale agencies, institutions, and large employers to adopt the Good Food Purchasing Policy. SB 1000 Goal 7: Irwindale is part of a thriving regional food economy that creates dignified jobs at all levels of the food system, conserves natural resources, strengthens its local agricultural ecosystems’ resilience to the changing climate, and provides its community with safe and convenient access to affordable, healthy, culturally relevant food.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 8.1 Provide Urban Agriculture
Action 8.A If a vacant site is chosen, offer incentives to put the land to use as a community garden if feasible. SB 1000 Action 8.B Encourage knowledgeable residents to become educators, conducting workshops & demonstrations within the community garden. SB 1000 Action 8.C Collaborate with local organizations and Tongva organizations for garden and program planning, operations, and maintenance. SB 1000 Policy 8.2 Facilitate Home Gardening
Action 8.D Loosen permit requirements and reduce fees and taxes where possible for indoor or outdoor urban agriculture. SB 1000 Action 8.E Publicize resources and grant programs for urban agriculture activities. SB 1000 Policy 8.3 Fruit Tree Program
Action 8.F Conduct an evaluation of soil health in residential areas where the fruit tree program will be implemented. SB 1000 Action 8.G Provide educational resources to residents about soil health, lead contamination risks, and best practices for safe gardening. SB 1000 Action 8.H Facilitate a fruit-sharing program where residents can share excess fruit from their trees. SB 1000 Policy 8.4 Encourage Nutrition Education in Schools
Action 8.I Partner with school districts where Irwindale students attend to advocate & support the adoption of a Good Food Purchasing Policy. SB 1000 Action 8.J Support the re-establishment and expansion of the Nutrition in The Garden Partnership. SB 1000 Policy 8.5 Promote Gardening and Cooking Education for Adults of All Ages Action 8.K Publicize and support opportunities for the Irwindale community to take healthy cooking and gardening classes. SB 1000 Action 8.L Continue to partner with Irwindale’s local hauler to offer home composting classes in Irwindale. SB 1000 Action 8.M Allow & encourage food/medicine harvesting and foraging by the Tongva community in parks and other natural areas. SB 18 Goal 8: The Irwindale community, from students to adults of all ages, has the knowledge, skills, and habits needed to make healthy food choices, and an opportunity to grow some of its own food.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 9.1 Increase Food Assistance Programs
Action 9.A Publicize these assistance programs on the City’s website, other communications, and at City events and facilities. SB 1000 Action 9.B Encourage that farmers markets to accept CalFresh and WIC payments and incentivize them to match customers’ purchase dollars. SB 1000 Goal 9: The Irwindale community is aware of federal and local food assistance programs and knows how to access them.

Policy 10.1 Strengthen Edible Food Recovery Network
Action 10.A Continue to support and publicize Shepherd’s Pantry SB 1383 Action 10.B Continue to collaborate with CalRecycle and Irwindale’s trash/recycling/organics hauler on efforts to identify and educate generators of surplus edible food on the requirements and procedures for getting that food to food rescue organizations.

SB 1383
Action 10.C Publicize opportunities for the Irwindale community to volunteer with Food Forward. SB 1383 Goal 10: Surplus edible food is recovered in Irwindale and made available to people who are experiencing food insecurity.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 11.1 Evaluate General Plan Programs for Parks
Action 11.A Conduct community engagement throughout update of the Resource Management Element programs & follow-up periodic surveys. AB 617 Action 11.B To ensure effective development of programs in the Resource Management Element, include specific & measurable targets. AB 617 Policy 11.2 Implement the Irwindale Active Transportation Plan (ATP) Action 11.C Update the City webpage for the Irwindale Active Transportation Plan to reflect the current status of the plan. AB 617 Policy 11.3 Identify Parking Obstacles to Public Facilities Action 11.D Conduct a parking inventory and utilization study of public facilities to identify areas where parking constraints exist. AB 32 Policy 11.4 Increase Connectivity and Mobility
Action 11.E Determine the level of connectivity & identify gaps in service between residential areas & public facilities in the southeastern portion of the city.

AB 32
Policy 11.6 Improve Homelessness Response
Action 11.F Evaluate the current programs and services that are provided to people in Irwindale who are experiencing homelessness. SB 1000 Action 11.G Identify the community needs related to homelessness. SB 1000 Goal 11: A community with equitable access to high-quality, well-maintained, and safe public facilities. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 12.1 Prioritize New Public Facilities Siting
Action 12.A Evaluate Northeastern portion of the City for sites that would be viable for the development of parks and public facilities. SB 1000 Action 12.B When considering the development of new public facilities, use the site evaluation report to guide siting.

Policy 12.2 Repurposing Vacant Property
Action 12.C Conduct a comprehensive inventory of vacant properties and buildings.

Action 12.D If feasible, develop financial incentives and tax breaks for property owners who repurpose vacant buildings for sustainable businesses, community centers, or affordable housing projects.

SB 1000
Action 12.E If feasible, convert applicable vacant buildings into community spaces and facilities that serve residents. SB 1000 Policy 12.3 Include Community in Mine Reclamation and Redevelopment Action 12.F Establish redevelopment guidelines that include green space, mobility, service, and local benefit requirements. SB 1000 Policy 12.4 Accessible Public Facilities
Action 12.G Conduct a thorough audit of all public facilities and areas to assess compliance with ADA guidelines.

Action 12.H Develop a plan to expand wheelchair-accessible pathways and infrastructure throughout parks and recreational areas. SB 1000 Action 12.I Engage with residents, including individuals with disabilities, to gather input on the design & placement of wheelchair-accessible pathways.

SB 1000
Action 12. J Install clear and visible signage indicating accessible routes and facilities within public spaces. SB 1000 Goal 12: A community with enhanced, diverse, and equitable distribution of public facilities that meet the needs of all residents. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 13.1 Expand Civic Education
Action 13.A Organize workshops that provide information on topics such as voter registration, polling locations, mail-in voting, & ballot-counting. SB 1000 Action 13.B Integrate governmental process education into the Irwindale Teen Club programming. SB 1000 Action 13.C Investigate the feasibility of incorporating an annual internship component as part of the Youth in Government Program. SB 1000 Policy 13.2 Participatory Budgeting
Action 13.D Conduct a needs assessment and gather data on existing challenges/opportunities to better understand capital needs. SB 1000 Action 13.E Create accessible online platforms where residents can view detailed reports on industrial revenue, expenditures, and ongoing projects funded by these revenues.

SB 1000
Action 13.F Hold public meetings, workshops, and online forums to gather input from residents on how industrial revenue should be utilized. SB 1000 Policy 13.3 Transparent Community Engagement
Action 13.G Provide a minimum of 21 days' notice before hosting community engagement events and workshops. SB 1000 Action 13.H Implement text messaging, social media, email alert systems, & direct mailing to notify residents directly about upcoming events. SB 1000 Action 13.I Utilize existing billboards, community notice boards strategically placed in high-traffic areas & in public facilities to display information about upcoming community workshops.

SB 1000
Action 13.J Collaborate with the Chamber of Commerce to send eblasts notifying businesses of community workshops and events. SB 1000 Action 13.K Establish a feedback mechanism allowing residents to provide input on the City’s established protocol for public noticing. SB 1000 Goal 13: A community with accessible and transparent governmental practices that promote community informed decision making. = community input

General Plan, Housing, Environmental Justice, and Safety Elements Policy 13.4 Community Ambassador
Action 13.L Provide training to the Community Officer/Ambassador in conflict resolution, community engagement strategies, cultural competence, & relevant City policies.

Action 13.M Facilitate dialogues and mediate conflicts when necessary, ensuring that community concerns are addressed.

Action 13.N Develop a system for tracking and reporting the Community Officer/Ambassador's activities. SB 1000 Policy 13.5 City Council Participation
Action 13.O Allow community members, neighborhood associations, & local organizations to submit formal requests to the City Council for specific agenda items related to urban planning, land use, development projects, and relevant community concerns.

SB 1000
Action 13.P Establish a clear and accessible process for community members to submit requests for agenda items to the City Council. SB 1000 Policy 13.6 Create a Citizen Advisory Committee
Action 13.Q Define the purpose and responsibilities of the Citizen Advisory Committee. SB 1000 Policy 13.7 Ensure Accessible and Inclusive Public Meetings Action 13.R With community input, establish a public meeting accessibility standard that applies to all City-led public meetings. SB 1000 Policy 13.8 Increase Linguistic Accessibility
Action 13.S Provide interpretation for Spanish and other commonly spoken languages in public meetings. SB 1000 Action 13.T Translate future public documents and communications into Spanish and other commonly spoken languages. SB 1000 Policy 13.9 Expand Internet Accessibility
Action 13.U Establish and host free community Wi-Fi hotspots at public facilities. SB 1000 Action 13.V Seek opportunities to increase free access to public computer stations at public facilities. SB 1000 Action 13.W Libraries will seek partnerships to provide technology classes.

General Plan, Housing, Environmental Justice, and Safety Elements Policy 14.1 Promote Placemaking
Action 14.A Identify public facilities that could function as sites for local art installations. SB 1000 Action 14.B Coordinate with local artists to create murals, sculptures, and other installations in public spaces. SB 1000 Goal 14: Irwindale community members will have a strong sense of belonging that promotes civic engagement.

General Plan, Housing, Environmental Justice, and Safety Elements Discussion

General Plan, Housing, Environmental Justice, and Safety Elements Summary of Outreach
• Community Survey
• December 13, 2021 - January 17, 2022
• Resident Survey (19 responses)
• Employee Survey (64 responses)
• Community Workshops
• 1: April 7, 2022
• 2: August 9, 2022
• 3: Sept 19, 2023 & October 18, 2023

General Plan, Housing, Environmental Justice, and Safety Elements Next Steps
• Revise EJ and Safety Elements in response to City Council Comments • Attend public hearings for adoption of Final EJ and Safety Elements

Item #22.G.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Irwindale Reclamation Authority From: Julian A. Miranda, City Manager/Executive Director Issue: Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release and Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement
City Manager's Recommendation:

That the City Council/Reclamation Authority approve the following:

1. Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release; and

2. Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement
Administrative Action:

Submitted / Prepared by:

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

Adrian Guerra, City Attorney/General Counsel
Approved by:

Julian A. Miranda, City Manager / Executive Director
Background and Analysis:

On August 9th, 2004, the City Council adopted Resolution No. 2004-43-1987 and Resolution No. 2004-88-1988, granting final approval to Conditional Use Permits (“CUP”) No. 5-04 and 6- 04 for United Rock Products Corporation (“United”) to continue mining and reclamation of

United Quarry 2 and 3 respectively.

Following the final approval of these two Conditional Use Permits, the Irwindale Reclamation Authority (“Authority”), a joint powers authority, was established under a joint power agreement between the City of Irwindale and the Irwindale Redevelopment Agency. The primary functions of the Authority are:

1. To govern the reclamation of mining quarries to ensure compliance with State Mining and Geology Board Reclamation Regulations.

2. To provide a financial assurances mechanism under the California Surface Mining and Reclamation Act of 1975 (“SMARA”) that allows the Authority to offset reclamation costs by a pledge of revenues in calculating financial assurances.

3. To receive and reassign, for the purposes of complying with SMARA, the operating rights from each of the mining company participants to the Authority.

Following the establishment of the Irwindale Reclamation Authority, United entered into a SMARA Operation Rights Transfer and Conveyance Agreement ("Transfer Agreement") with the Authority on August 17, 2004. Subsequently, with the City's approval of United's Conditional Use Permits (CUPs) for Quarry 2 and Quarry 3, and the Authority's approval of United's SMARA Transfer Agreement, the City and United Rock Products Corporation finalized a Settlement Agreement and Mutual General Release ("Settlement Agreement") on August 24, 2004. This agreement was intended to resolve litigation concerning United's claims against the City for deprivation of civil rights, tax refund, and breach of contract.

Due to the constraints imposed by the Redevelopment Dissolution Bill (AB 1X 26 and AB 1484) on the future activities of joint power authorities, the Successor Agency of the Irwindale Redevelopment Agency transferred its membership interests in the Irwindale Reclamation Authority to the City’s Industrial Development Authority. This move was made to ensure continued compliance with state law. On September 12, 2018, the Irwindale Reclamation Authority (Authority) and United formalized this change through a contract amendment titled “Amendment to SMARA Operations Rights and Conveyance Agreement,” which confirmed United’s consent to replace the Successor Agency of the Irwindale Redevelopment Agency with the City’s Industrial Development Authority.

Both United's Transfer Agreement and the Settlement Agreement included specific language concerning the prioritization of filling activities related to operating a Commercial Inert Landfill.

This language established a prioritization fill schedule, identifying the Priority Quarry for operating a Commercial Inert Landfill in the following order: United Quarry 1 (also known as Nu-Way Arrow Pit), followed by United Quarry 2. However, the City retains the authority to suspend the commencement of reclamation activities at United Quarry 2 and may authorize Hanson Quarry to operate a Commercial Inert Landfill after the completion of reclamation activities at United Quarry 1.

Since the establishment of the prioritization fill schedule in 2004, the reclamation of the following pits/quarries has been completed, and they are now in the process of development:

1. United Quarry 1 (AKA Nu-Way Arrow Pit/Park @ Live Oak)

2. Vulcan Reliance II Quarry

3. Nu-Way Live Oak Pit (AKA Gateway Pit)
The successful completion of filling these pits/quarries has resulted in an ample supply of fill materials in Irwindale, sufficient to support more than one Priority Quarry simultaneously.

Consequently, it has been determined that the prioritization schedule is no longer necessary.

Since United agrees to terminate the requirement for the prioritization of filling activities in both the Transfer Agreement and the Settlement Agreement, amendments to these two agreements have been prepared by our City Attorney’s office to formalize this change.

As such, it is recommended that the City Council/Board of the Irwindale Reclamation Authority approve the following actions:

1. Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release

2. Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement

3. Authorize the Mayor/Chairman to execute the amendments on behalf of the City Council/Irwindale Reclamation Authority
Fiscal Impact:

None
Attachments:

1. Amendment No1 to URP Settlement Agreement and Mutual Release

2. Amendment No2 to URP SMARA Operation Rights Transfer and Conveyance Agreement

3. Settlement Agreement and Mutual General Release

4. SMARA Operation Rights Transfer and Conveyance Agreement

2- u )

SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This Settlement Agreement and Mutual General Release ( the " Agreement') is entered into as of August 26, 2004, by and between United Rock Products Corporation (" United'), a Delaware corporation, and the City of Irwindale (the " City"), a California municipal corporation collectively, the " Parties"), with reference to the following facts:

A. United has asserted against the. City certain claims, including, but not limited to, claims for tax refund and breach of contract, and has filed complaints in Los Angeles Superior Court for deprivation of civil rights and tax refund, breach of contract and declaratory relief denominated, respectively, as BC 287883, BC 287884, and BC 287885 ( the " Pending Litigation").

B. The Parties entered into that certain Standstill and Tolling Agreement dated February 28, 2002, attached hereto as Exhibit A (the " Tolling Agreement'), in which the Parties tolled the Pending Litigation, agreed to certain refilling obligations with respect to United's Quarry No. 1 and agreed to provisions regarding the replacement of the Buena Vista Roadway, which added approximately 25 acres to Quarry 2.

C. United filed with the City an application for Conditional Use Permit No. 5- 04 CUP for its Quarry No. 2 to allow for the continued mining of Quarry No. 2 until December 31, 2020, or until reaching the maximum permitted depth of 410 feet, whichever occurs earlier, and an application for Conditional Use Permit No. 6-04 CUP for its Quarry No. 3 to allow for the continued mining of Quarry No. 3 until December 31, 2037, or until reaching the maximum permitted depth of 440 feet, whichever occurs earlier. On August 9, 2004, the City Council approved Conditional Use Permit No. 5- 04 and Conditional Use Permit 6- 04 ( collectively, the CUPS"), which supersede all of the prior permits issued by the City for the mining of Quarry Nos. 2 and 3. The CUPS and conditions thereto are attached hereto as Exhibit B.

D. Concurrently with the CUPS, United filed with the City reclamation plans for Quarry Nos. 2 and 3, which were approved by the City Council on August 9, 2004, and supersede all of the prior reclamation plans approved by the City for Quarry Nos. 2 and 3 ( the Reclamation Plans"). The Reclamation Plan for Quarry No. 2 provides for reclamation by backfilling the Quarry to varying elevations. The Reclamation Plan for Quarry No. 3 provides for reclamation of the Quarry for use as a groundwater recharge basin. The Reclamation Plans are attached hereto as Exhibit C.

E. In addition to the financial assurances currently posted with the City totaling $ 2 million, concurrently with the CUPS and Reclamation Plans, United filed with the City additional surety bonds, the form of which are attached hereto as Exhibit D, intended to satisfy the financial assurances requirement under Public Resources Code § 2773. 1 to cover reclamation under the CUPS and the Reclamation Plans ( as well as the existing reclamation plan of Quarry 1 and United' s Quarry No. 4/Plant Site) as follows: $ 2. 0 million for each of Quarry Nos. 1, 2 and 3 ( for Quarry No. 1: $ 500, 000 for the " Triangle" portion presently owned by Ca1Mat Co., doing business as Vulcan Materials Company Western Division, which is to be reclaimed by United 3229689x4

pursuant to the Tolling Agreement ( the " Triangle Parcel"), and $ 2 million for the remainder) for a total of $8 million (collectively, the " United Bonds").

F. The California Department of Conservation has taken the position that fill revenue may only be taken into account as a financial assurances mechanism by a governmental entity for purposes of financial assurances under the Surface Mining and Reclamation Act and SMGB Regulations ( collectively " SMARA"). United disagrees and has asserted that the use of fill revenue should be included in the calculation of the net -cost of reclamation by nongovernmental operators. The Parties have therefore agreed that the City will establish and maintain the Irwindale Reclamation Authority, formed as a joint powers authority pursuant to Govemment Code § 6500, et seq., ( the " JPA"), which will provide an additional $ 8 million in financial assurances through a reclamation fund funded by the City from the City' s special mining tax revenues pursuant to Irwindale Municipal Code § 3. 18. 040 ( the " Reclamation Fund'). The formation document of the JPA is attached hereto as Exhibit E and the ordinance establishing the Reclamation Fund is attached hereto as Exhibit F. The stated purpose of the JPA is to receive and convey the " SMARA operation rights" from participating mine operators in the City to the JPA and back to the participating mine operators, and to provide for the reclamation of all of the quarries as to which it has acquired SMARA operation rights for the period of such operators' reclamation obligations. Such transfer of operation rights shall be accomplished through a SMARA Operation Rights Transfer and Conveyance Agreement between the City and United and other mine operators ( the " Transfer Agreement"). The Transfer Agreement is attached hereto as Exhibit G.

G. It is the intention of the Parties to settle and dispose of, fully and completely, any and all claims, demands and causes of action heretofore arising out of, connected with or incidental to the dealings between the Parties prior to the Effective Date hereof, including without limitation of the generality of the foregoing, mining rights, reclamation obligations, financial assurances, and any and all claims, demands and causes of action asserted' in the Pending Litigation, but excluding those items specified in Section 12 below. In consideration therefore, the Parties intend that ( i) the City will approve the CUPS, the Reclamation Plans, and the United Bonds; ( ii) the City will establish and maintain the JPA and before the Effective Date make an initial contribution of $985, 715 to the Reclamation Fund ( the " Initial Contribution"), followed by annual contributions of $328, 572 ( the " Annual Contributions" ) until the aggregate amount of the Reclamation Fund, including interest earnings, equals $ 8 million; ( iii) the Parties will fulfill their respective obligations pursuant to the Tolling Agreement including those concerning the Buena Vista Roadway, as set forth in Section 7 below; ( iv) the City will vacate the Meridian Roadway ( as defined below) and execute a quitclaim deed to the property in the vicinity thereof in favor of United; ( v) the JPA and United will execute the Transfer Agreement; vi) United will agree that it will not contest the existing mining taxes imposed by the City under Irwindale Municipal Code §§ 3. 18. 030 and 3. 18. 040; ( vii) United will dismiss with prejudice the Pending Litigation; and ( viii) United will dismiss without prejudice the Financial Assurances Appeal (as defined below).

NOW, THEREFORE, the Parties hereto, for good and valuable consideration, receipt of which is hereby acknowledged, agree as follows:
322968M

1. Dismissal With Prejudice of the Pending Litigation. Within 5 court days of the Effective Date ( as defined below), United will cause to be filed with the Los Angeles Superior Court a Request For Dismissal dismissing the Pending Litigation with prejudice. The " Effective Date" shall be the day on which all of the Closing Conditions ( as defined herein and as set forth in Section 10( c) below) have been satisfied and the Escrow Agent ( as defined below) closes escrow. The City agrees that it will not contend that the dismissal with prejudice of Case No. BC 287884 is a bar to any future action by United based on the methodology of not taking into account fill revenue in calculating the net cost of reclamation that was the subject of the Financial Assurances Appeal, as defined below.

2. Approval of Entitlements. The City approved the CUPs and the Reclamation Plans at the August 9, 2004 City Council meeting. United concurs with and will be bound by the conditions of approval in the CUP. Notwithstanding the foregoing, however, nothing herein shall restrain the City or United from exercising their respective rights under the CUPS.

3. Agreements Regarding the Formation and Establishment of the JPA. Financial Assurances and Reclamation Fund.
a) The Irwindale Community Redevelopment Agency has established the JPA to assist with reclamation of certain mining quarries in the City pursuant to Resolution No.

CR(I) 2004- 16- 435, and the City will establish and maintain the Reclamation Fund and before the Effective Date will make the Initial Contribution, followed by the Annual Contributions until the aggregate amount of the Reclamation Fund, including interest earnings, equals $ 8, 000, 000 the " Reclamation Fund Cap"). The City' s Initial Contribution and Annual Contributions shall be made from existing special mining tax revenues under Irwindale Municipal Code Section

3. 18. 040, subject to Section 3( e) below. Any balances exceeding the Reclamation Fund Cap shall be returned to the City's mining fund.
b) The Parties understand that the Joint Powers Agreement establishing the JPA includes procedures for the dissolution of the JPA in accordance with law pursuant to Section 4. 03 of the Joint Powers Agreement. In accordance with such right, the CUP conditions for the Quarries provide that
in the event the JPA is terminated for any reason, at least 2 years prior written notice of termination shall be given to the Applicant [ United] before such termination shall be effective. This provision shall be included in the SMARA Operation Rights Transfer Agreement. During said 2 year period, the reclamation plan shall be reviewed pursuant to condition nos. 20 and 21 of the CUP for Quarry No. 2 [ condition nos. 19 and 20 of the CUP for Quarry No. 3], and revised in a manner such that the then posted financial assurances will be sufficient for reclamation."
c) Additionally, Ordinance No. 584 establishing the Reclamation Fund and approved by the City on August 3, 2004 provides as follows:

A. The City may dissolve and/ or return moneys in the Reclamation Fund to the City' s mitring fund upon the occurrence of any of the following:

Rl
312% 89rd

1. The determination by any court or governmental agency of competent jurisdiction that the special mining tax under chapter

3. 18 of this code is invalid.

2. The determination by any court or governmental agency of competent jurisdiction that the JPA created hereunder,
Reclamation Fund or its use is contrary to law.

3. The voluntary or involuntary termination by any quarry operator of its participation in its assignment of SMARA operating rights, as described in this chapter, as to amounts attributable to that operator' s quay y(ies)....

B. Upon dissolution ofthe Reclamation Fund, the city shall notify the participating quarries and Department of
Conservation within 60 days of such dissolution."
United understands that pursuant to the provisions in the Joint Powers Agreement and Ordinance cited above, the City may dissolve and return moneys in the Reclamation Fund to the City' s mining fund and terminate the JPA and Transfer Agreement, and such termination undertaken in compliance with those provisions shall not constitute a breach ofthis Agreement; provided the City complies with the provisions dealing with termination of the JPA contained in the respective CUPS.
d) Pursuant to Section 2( c) of the Transfer Agreement, the JPA may enter into agreements substantially in the same form as the Transfer Agreement with other mining operators. Upon such event, additional amounts shall be added to the Reclamation Fund by the .

City to provide additional financial assurances for such operators so that the obligation of the Reclamation Fund will be proportional to undertakings assumed. e) The City presently levies a special mining tax pursuant to Irwindale Municipal Code Section 3. 18. 040 ( the " Special Mining Tax"). Should United or any other quarry operator in the City successfully contest or otherwise challenge in any venue ( i) the existing Special Mining Tax imposed by the City, or ( ii) the use of the Special Mining Tax revenues as contributions to the Reclamation Fund, as well as payment of the reasonable expenses of the JPA and any other purpose presently permitted under the ordinance, the obligations of the City under this Section 3 to, contribute amounts to the Reclamation Fund shall be suspended and thereafter reinstated if the challenge is dismissed or unsuccessful. The Transfer Agreement shall thereafter be terminated in accordance with Section 6 thereof unless the contributions by the City to the Reclamation Fund from the Special Mining Tax can be reinstated within 48 months.
f) Pursuant to Section 3( b) of the Transfer Agreement, $ 500, 000 of the amount posted by United under paragraph 3( a) therein, at the JPA' s election, may be transferred as a financial assurance with respect to the Triangle Parcel at such time, if any, as the City or JPA shall acquire the Triangle Parcel. In such case, the financial assurances posted with respect 4 3229689x4

to Quarry 1 shall be decreased to $2,000,000. Ifthe City has not acquired the Triangle Parcel by January 15, 2006, the City has agreed that it shall release the $ 500, 000 bond applicable thereto.

If the City acquires the Triangle Parcel by such date, the $ 500,000 shall remain in place until Quarry 1 is reclaimed.
g) Pursuant to Section 3( d) of the Transfer Agreement, the amount of the United Bonds and the Reclamation Fund ( collectively " Financial Assurances") may be adjusted to account for the amount offill and inflation, provided that such inflation adjustment ofthe Financial Assurances shall be based on the Producer Price Index, but shall not exceed the rate of change in the Consumer Price Index. The parties agree that the adjustment to United Bonds shall be funded by United and the adjustment to the Reclamation Fund shall be funded by City with the intent that one- half of any adjustment shall be borne by United and the other half borne by the City.

4. Prioritization of Filling Activities. The parties agree that the City shall prioritize and require the refilling of the quarries in the City in the following order: United Quarry 1, then United Quarry 2. In accordance with the conditions of approval for the Quarry 2 CUP, however, the City may suspend commencement of reclamation of Quarry 2 one time only for such time as reclamation using third party fill is being conducted at another operator's quarry in the City pursuant to City approval ( a " Priority Quarry"). The suspension shall continue for so long as reclamation of the Priority Quarry is occurring. United' s obligation to fill Quarry 2 will recommence when such Priority Quant' has fully completed filling operations. During such suspension, United may utilize its own or its affiliate' s fill to reclaim Quarry 2 or Quarry 3 or perform slope remediation ordered by the City. The City agrees that it will not enter into an agreement with any other operator that prioritizes filling obligations of such operator ahead of United's Quarry 1. Notwithstanding the foregoing, nothing herein shall prevent the City from filling its own quarries using fill that would not otherwise be reasonably available to United.

Additionally, nothing herein shall prohibit the City from approving the filling of any privately - operated quarry in the City, provided such quarry( ies) use fill that would not otherwise be reasonably available to United.

5. Extension of No -Action Letter. In consideration for the promises under this Agreement, on August 18, 2004, the City delivered an extension of that certain No Action Letter dated July 1, 2004 with respect to mining operations at Quarry No. 2 until the earlier of the Close of Escrow or the date of termination pursuant to Section 10( e) below.

6. Financial Assurances Appeal. The Parties agree that with the August 9, 2004 approval by the. City Council of the Reclamation Plans, the City Planning Director' s determination of financial assurances in the amount of approximately $ 80 million dated January 23, 2003 and the appeal of such determination by United ( the " Financial Assurances Appeal") is moot.

Agreements Regarding Buena Vista Roadway. On or before the Effective Date, a) upon final completion of the new Buena Vista Roadway ( referred to herein as " Avenida Barbosa"), the Public Works Director shall issue his written acceptance of 3229689x4

Avenida Barbosa and determination that construction under the contract with Sully -Miller for construction ofAvenida Barbosa is complete;
I
b) the City shall pay United $311, 993 in satisfaction of the fmal payment due United under Section 10( e) of the Tolling Agreement but the Director may hold back such amount as is required to cover any mechanics lien or claims until the statutory period has run. and shall then promptly pay United such amount as is permitted by law. In lieu of such deduction, United shall post a surety bond of $311, 993 covering the 10% retention amount required to be held by the City for 35 days following its issuance of a Notice of Completion on Avenida Barbosa ( the ' Retention Bond'), which bond shall secure any payments required by the City pursuant to Public Contracts Code section 7200, and shall be cancelled upon completion of such period if no claims for payments or mechanics liens are made during such 35 day period; c) United shall grant a perpetual, unconditional right of way easement in favor of the City for Avenida Barbosa without charge, in the form attached hereto as Exhibit H the Easement"), and the City shall vacate the existing Buena Vista Roadway and execute a quitclaim deed in favor of United Rock Products Corporation, in the form attached hereto as Exhibit) terminating all right, title and interest in the existing alignment of the Buena Vista Roadway without charge ( the ' Buena Vista Quitclaim Deed'); and nil r! Cu , , , C, LuAtit < d) the City shall effect any lot line adjustment or lot split that is required so Ct. that the westerly portions of the Plant Site separated from the Quarry 4/Plant Site by Avenida Barbosa are joined with the existing Quarry No. 2 without cost to United . e. 4 LC A
r
The Parties acknowledge and agree that the Tolling Agreement remains in full force and effect.

8. Meridian Roadway Prior to the Effective Date, the City shall commence the public noticing process to vacate that certain roadway on the southwest portion of United' s Quarry No. 3 ( the ' Meridian Roadway"). City shall within 60 days thereafter complete such proceedings in accordance with law at no cost to United. On or before the Effective Date, the City shall execute a quitclaim deed in favor of United Rock attached hereto as Exhibit . l terminating all right, title and interest, if any, in the Meridian Roadway without charge ( the Meridian Quitclaim Deed'). The City shall deliver the Meridian Quitclaim Deed to the Escrow Agent pursuant to Section 10( a) below; provided, however, recordation of the Meridian Quitclaim Deed by the City shall be subject to the passage of 60 days from the City' s commencement of the public noticing process to vacate the Meridian Roadway.

9. Mining Taxes. With respect to the City' s mining and processing tax pursuant to Irwindale Municipal Code § 3. 18. 030 and the existing special mining tax pursuant to Irwindale Municipal Code § 3. 18. 040, and in exchange for the benefits provided herein, after the Effective Date, United shall not contest the existing mining taxes imposed by the City or the use of the special mining tax permitted under such ordinance. United also shall not contest the adjustment to the mining and processing tax or the special mining tax presently provided for in Irwindale Municipal Code § 3. 18. 030 and 3. 18. 040, respectively. Ifthe City imposes a new tax, nothing in this Agreement shall prejudice Untied from challenging the new tax. 13 CvC C „
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10. Escrow Agreement. Within 10 days following the execution of this Agreement, the Parties shall enter into an escrow agreement subject to joint escrow instructions ( the "Escrow Agreement") with Chicago Title Company ( the "Escrow Agent"). The Escrow Agreement shall be in a form acceptable to the Parties and the Escrow Agent. a) City Deliveries. Upon execution of the Escrow Agreement, the City shall deposit with the Escrow Agent as soon as is reasonably practicable the following:
i) final and unconditional approval by the City Council of (A) the CUPs ( with conditions thereto acceptable to United), ( B) the Reclamation Plans, and ( C) the Financial Assurances, all evidenced by a duly authorized resolution of the City Council; ii) final and unconditional approval by the California Department of Conservation of the Reclamation Plans and the Financial Assurances, as supplemented by the Initial Contribution, as evidenced by written notice from the Director ofthe Department of Conservation or the Director' s designee, the form of which is reasonably acceptable to United the " DOCApproval" );
iii) final and unconditional approval by the City Council of the JPA and the ordinance to establish the Reclamation Fund, evidenced by duly authorized resolutions of the City Council;
iv) evidence acceptable to United that the Lot Line Adjustment has been accomplished;
v) the Public Works Director' s written acceptance of Avenida Barbosa and determination that construction under the contract with Sully -Miller for construction ofAvenida Barbosa is complete;
vi) the Transfer Agreement, the fora of which is approved by the City Council and the JPA Board and executed by the JPA' s Chairman; vii) the Buena Vista Quitclaim Deed;
viii) the Meridian Quitclaim Deed;
ix) evidence that the City has created the Reclamation Fund and contributed the Initial Contribution; and
x) a certificate from the City Manager certifying that he knows of no third party actions that have been threatened or filed with respect to the City's approval of the CUPS, the Reclamation Plans, or the Financial Assurances and that all notices have been provided and validly issued pursuant to the Irwindale Municipal Code in connection with all of the transactions contemplated by this Agreement.
b) United Deliveries. Upon execution of the Escrow Agreement, United shall deposit with the Escrow Agent as soon as is reasonably practicable the following:
322% 89v4

i) an Officer s Certificate certifying that the following aero in a form acceptable to United: (A) the coaditions of the CUPS, ( B) the DOC Approval, ( C) the 7PA and the ordinance to establish the Reclamation Fund, and (D) evidence of the Lot Line Adjustinent; ii) the Easement; and
iii) the Transfer Agreement, executed by a duly authorized officer of United.
c) Escrow Closing Conditions. The Escrow Agreement shall provide for the following conditions to closing (the " Closing Conditions"):
i) the Escrow Agent shall hold all documents described in Sections 10( a) and 10( b) above, duly executed and acknowledged where required; and ii) the Escrow Agent shall have received written approval by both an officer of United and the City Manager to proceed with closing. d) F.crmw Closing. The Escrow Agreement shall provide that when all of the above Closing Conditions have been fully satisfied, the Escrow Agent will be directed as follows:
i) date the Transfer Agreement as of the Effective Date and assemble the counterparts delivered into fully executed originals; ii) record the Easement and Buena Vista Quitclaim Deed in the appropriate records of Los Angeles County, California and deliver the Meridian Quitclaim Deed to the City for recordation by the City pursuant to Section 11( a) below; and iii) deliver to the Parties fully executed originals of the Transfer Agreement and copies of each Partics' respective deliveries to the other Parry. e) FLiLijq to 1 se. The Escrow Agreement shall require that ifthe escrow does not close by SeptcmberX, 2004, the Escrow Agent shall return to the appropriate Party all documents and funds delive;A by the Parties pursuant to Sections 10( a) and 10( b) above.

11. Wit -Closing Conditions. Within sixty ( 60) days of the Effective Date of this Agreement, the City shall cause the following actions to occur:
a) duly adopt and record with the Los Angeles County Registrar' s office the Meridian Quitclaim Deed and a resolution vacating Meridian Roadway; and b) cancel the Retention Bond, as required under Section 10( b)( iv) above, if no claims for payments or mechanics liens are made during such 35 day period concerning the Avenida Barbosa construction.

12. Releases. By their signatures to this Agreement, the Patties give the releases set forth in this Section 12 as of the Effective Date but not before. r]
3229689+ 4
TOTAL PAGE. 02 **

a) United, on behalf of itself, and on behalf of its present and past officers, directors, employees, agents, attorneys, successors and assigns, parents, and affiliated corporations, partnerships and agents, will and hereby does fully release and forever discharge the City, and its present and past elected officials, officers, directors, employees, agents and attorneys from any and all claims, debts, damages, liabilities, demands, obligations, costs, expenses, attorneys' fees, losses, promises, actions and causes of action which United has asserted in the Pending Litigation. This release does not apply to the following:
i) claims arising from any change by the City or the Department of Conservation, as applicable, to the CUPs, Reclamation Plans, and Financial Assurances as described herein and at Exhibits B, C and D hereto, unless such change is in accordance with the CUPS;
ii) claims arising from the City' s termination of the JPA; iii) claims arising from the City' s failure to return financial assurances due United or failure to return monies due United from the Short -Fall Fund established pursuant to the Transfer Agreement;
iv) claims arising from the City' s failure to perform its obligations under the CUPs or the Transfer Agreement; or
v) claims made in the Financial Assurances Appeal.
b) The City, on behalf of itself, and on behalf of its present and past elected officials, officers, directors, employees, agents, attorneys, insurers and representatives, will and hereby does fully release and forever discharge United and each of its present and past officers, directors, employees, agents, attorneys, successors, predecessors, parents and affiliated partnerships, corporations and agents from any and all claims debts, damages, liabilities, demands, obligations, costs, expenses, attorneys' fees, losses, promises, disputes, actions and causes of action which the City now holds or has at any time heretofore owned or held against United by reason of the claims asserted by United in the Pending Litigation, except that this release does not apply to the following:
i) any right the City has to enforce conditions of the CUP, the Reclamation Plans, Financial Assurances, SMARA, or the Irwindale Municipal Code, as they may be amended; or
ii) claims arising from the United' s failure to comply with the terms of the Transfer Agreement.
c) As a material inducement for the City to enter into this Agreement and pursuant to United' s dismissal of the Pending Litigation including the claim of an entitlement to mine Quant' 4, United forever releases any claim to mine Quarry 4, east of Avenida Barbosa.

Quarry 4 shall be utilized in accordance with existing uses, entitlements, approvals and regulations of the City. At the completion of operations, Quarry 4 shall be reclaimed in accordance with its reclamation plan.
3329689x4

E ( d) The releases set forth in this Agreement shall not apply to breach of any obligations created by or arising under this Agreement.

13. Unknown Claims: Waiver of Rights Under California Civil Code Section 154 Etc. It is the intention of United, on the one hand, and the City, on the other hand, in executing this Agreement and receiving the consideration called for herein, that this Agreement be and is effective as a full and final accord and satisfaction and mutual general release of all claims that United has asserted in the Pending Litigation. In furtherance of this intention, United and the City hereby acknowledge that they are familiar with California Civil Code Section 1542 and that they each hereby waive the protection of that section, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING

THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."

14. Representations and Warranties. Each of the Parties to this Agreement represents, warrants, and agrees as to itself as follows:
a) Each Party has received independent legal advice from its attorneys, with respect to the advisability of executing this Agreement, and with respect to the meaning of California Civil Code § 1542.
b) Each Party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and of all the matters pertaining thereto as it deems necessary.
c) Each Party has read this Agreement and understands the contents hereof, and has executed this Agreement voluntarily and without duress or undue influence on the part of or on behalf of any other party.
d) Each Party warrants that it has not heretofore assigned, transferred, or granted, or purported to assign, transfer, or grant any ofthe claims, demands, and cause or causes of action disposed of by this Agreement.
e) Each term of this Agreement is contractual and not merely a recital. f) The Parties will execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this Agreement.

15. No Admission. This Agreement and the settlement contemplated herein, including the payments and dismissals referred to herein, reflect the settlement of claims which are denied and contested, and nothing contained herein shall be construed as an admission by any Party hereto of any liability of any kind to the other party.

16. Miscellaneous.
3229689x4
Ito]

a) This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California. b) Except as provided herein, this Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter hereof, and any and all prior discussions, negotiations, commitments or understandings related hereto, if any, are hereby merged herein. No representations, oral or otherwise, express or implied, other than those specifically referred to in this Agreement, have been made by any Party hereto. No other agreements not specifically referenced herein, oral or otherwise, shall be deemed to exist or to bind any of the Parties hereto.
c) This Agreement is binding upon and shall inure to the benefit of the Parties hereto, their respective agents, employees, representatives, partners, affiliates, assigns, heirs, successors in interest and shareholders.
d) Each Party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party.
e) This Agreement may be executed in counterparts, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to each Party. f) No provisions of this Agreement may be waived unless in writing, signed by the Parties. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. This Agreement may be modified or amended only by written agreement executed by the Parties.
g) Title or captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way deme, limit or extend or describe the scope of this Agreement or the intent of any provision hereof.
h) The warranties and representations made in this Agreement are deemed to survive the execution of this Agreement.
i) As used herein, the pronouns " it" and " they" and the possessive of the pronouns " its" and " their" shall include, as appropriate, " he", " she", " his", " her" and " him."

17. Fees and Expenses. United shall not seek to recover from the City the cost of suit or attorneys' fees incurred in connection with the dispute referred to herein, including but not limited to the Pending Litigation, or the negotiation or preparation of this Agreement, nor shall the City seek to recover said costs or fees from United. If any legal action is brought for the enforcement of this Agreement, or because of any alleged dispute, breach or default in connection with any of the provisions of this Agreement, the successful or prevailing party or parties ( whether or not a party to this Agreement), shall be entitled to recover reasonable 11 3229689V4

attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

IN WITNESS WHEREOF the Parties have caused this Agreement to be executed as of the date first above written by their respective signatures in the appropriate spaces below.

ATTEST: CITY OF IRWINDALE, a Califomtxcorporation
City Clerk By:

Its:

Approved as to Form
Al hi & W der
By:

Fre lance, Attorney
Its: Secretary
Approved as to Form
Jeffer, Mangels, Butler & Marmaro, LLP
By:

William F. Capps, Attorney for United
12 3329689x4

SMARA OPERATION RIGHTS TRANSFER AND CONVEYANCE AGREEMENT

THIS SMARA OPERATION RIGHTS TRANSFER AND CONVEYANCE
AGREEMENT is dated as of August _, 2004 and is made by and among the Irwindale Reclamation Authority, a joint powers authority created under the California Joint Powers Authority law, Government Code Sections 6500 et. seq. ( the " JPA"), and United Rock Products Corporation, a Delaware corporation (" United"), with respect to the following facts:

A. United owns and operates Quarries 1, 2, 3 and 4 ( Quarry 4 also contains certain other operations including a processing plant). As used herein, " Quarry 2" includes portions of United' s Quarry 4 / Plant Site that have been incorporated into Quarry 2. The United quarries except Quarry 4 / Plant Site) are referred to herein as the " Quarries." The Quarries are subject to reclamation in accordance with reclamation plans filed by United and approved by the City of Irwindale ( the " City") pursuant to the California Surface Mining and Reclamation Act of 1975 SMARA"). Such reclamation plans, as they may be amended from time to time, are herein referred to as the " Reclamation Plans."
B. Sections 3803 and 3806 of regulations promulgated by the State Mining and Geology Board ( the " SMGB") designate " governmental entity operators" as entitled to utilize pledges of revenue or budget set aside" as " financial assurance mechanisms," in addition to the other financial assurance mechanisms permitted to nongovernmental entity operators.

C. Government Code Section 6502 authorizes two or more governmental agencies to by contract form joint powers entities to exercise collectively the powers of any one of such entities. The City of Irwindale and Irwindale Redevelopment Agency have formed the Irwindale Reclamation Authority pursuant to such authority to cause the reclamation of the Quarries, and, ultimately, the quarries of other operators. The JPA is intended to operate as a governmental entity operator to utilize a pledge of revenue to serve as a financial assurance mechanism. This mechanism contemplates a transfer and conveyance of SMARA operating rights between United and the JPA, as provided herein.

D. The Department of Conservation (" DOC") has advised the City, JPA and United that financial assurances arrangements as contemplated in this Agreement, including the posting of surety bonds pursuant to Sections 3, the establishment of the Reclamation Fund pursuant to Section 2 and the pledge to the JPA of fill revenues to offset fill costs, as set forth in this Agreement, will satisfy the requirements of SMARA with respect to financial assurances for the Quarries. The City has granted entitlements for deeper excavation by United ( in Quarries 2 and 3). In connection therewith, the JPA has offered execution of this Agreement to United to create an alternative financial assurances mechanism.

NOW, THEREFORE, the parties agree as follows:

1. Transfer and Conveyance of SMARA Operation Rights.
a) Subject to this Agreement and solely for purposes of complying with Sections 3803 and 3806 of the regulations promulgated by the SMGB, allowing greater flexibility to 33001v6

public agencies in providing financial assurance mechanisms for reclamation than to private entities, and to assure that " fill revenues" from filling the Quarries with " inert" fill or construction waste that shall accrue to United in conducting the operations of the Quarries shall be counted toward the financial assurance obligations for each of the Quarries, United hereby transfers to the JPA its rights to operate the Quarries pursuant to SMARA, including the right to receive revenues from fill operations conducted in the Quarries. b) Simultaneously with the transfer specified in ( a) above, the JPA hereby conveys to United its actual operating rights to the mining and reclamation operations for all of the Quarries.
c) The operating rights transferred to the JPA are in the nature of a transfer in trust, and confer no title or interest in or to any real or personal property of United. The actual operating rights to the Quarries conveyed under this Agreement to United of any nature whatsoever (including, without limitation, the right to conduct all operations within the Quarries, mining, receipt of fill and other revenues, reclamation and other operations) shall remain in United until and unless United shall default in its obligations ( i) to reclaim the Quarries as limited by the conditional use permits for the respective Quarries, or ( ii) under the respective Reclamation Plans, or ( iii) to maintain financial assurances, as required by this Agreement and conditional use permits approved by the City for the Quarries. In such event, the JPA shall have the right to enter the respective Quarries to cure defaults in reclamation and exercise all other rights under this Agreement, including the right to receive fill revenues pursuant to Section 2( f) below.
d) Except as specifically provided in this Agreement, the JPA shall have no claim to the Quarries, their title, use, operation, income or otherwise. This transfer and conveyance is not intended to include any real estate or other non- SMARA rights in the Quarries. e) The JPA shall file with the DOC the annual inspection reports required by Public Resources Code Section 2207, as operator, for the Quarries. United shall certify the accuracy of such inspection reports, submittal of such reports by the JPA shall be subject to United' s certification, and the JPA shall have no responsibility regarding the accuracy of such reports.

2. Establishment of Reclamation Fund by JPA and Contributions by the City. a) The JPA shall concurrently herewith establish and maintain a reclamation fund the " Reclamation Fund") which shall be utilized, if necessary, for the reclamation of the Quarries in accordance with the Reclamation Plans and this Agreement. b) Concurrently with the execution of this Agreement, the City has agreed that it has or will contribute a $ 985, 715 initial deposit into the Reclamation Fund and thereafter $ 328, 572 on each anniversary of the Effective Date of this Agreement until the aggregate amount of the Reclamation Fund, including interest or other contributions, shall equal $ 8, 000, 000 Reclamation Fund Cap'). The City' s initial and yearly contributions shall be made from existing special mining tax revenues under Irwindale Municipal Code Section 3. 18. 040, subject to the provisions of Section 4( c) below. Any balances exceeding the Reclamation Fund Cap shall be returned to the City' s mining fund.
33001v6

c) The JPA may enter into agreements substantially in the same form as this Agreement with other mining operators. Upon such event, the City has agreed that additional amounts shall be added to the Reclamation Fund by the City to provide additional financial assurances for such operators so that the obligation of the Reclamation Fund will be proportional to undertakings assumed. United may elect to terminate this Agreement, provided it concurrently posts financial assurances in accordance with SMARA.
d) The Reclamation Fund is allocated per Quarry as specified in Sections 3( a) and b). When each Quarry is fully reclaimed, the cap in the Reclamation Fund shall be reduced in an amount proportional to the amount that the financial assurances for such Quarry is to the total financial assurances for all Quarries, as stated in Sections 3( a) and ( b). Any such amounts withdrawn from the Reclamation Fund shall be returned to the City' s mining fund. e) Any monies remaining in the Reclamation Fund shall be returned to the City after the reclamation of all Quarries is complete and all financial assurances have been released to United pursuant to Section 3 ( f) of this Agreement. As to any Quarry where reclamation is complete, this Agreement shall terminate and the JPA shall issue a certificate that it holds no further rights in such Quarry.
f) Should any portion of the Reclamation Fund be used to correct United' s default under the reclamation plans in any Quarry, United shall pledge all future filling revenues to the JPA for deposit into the Reclamation Fund until such time as the deficit to the Reclamation Fund caused by such expenditure is cured. Any unexpended amounts so deposited into the Reclamation Fund, plus any accrued interest, which is not utilized to cure the default shall be returned to United following satisfactory cure of the default.

3.. Posting of Financial Assurances by United. The City has calculated the financial assurances required to reclaim all of United' s Quarries. This cost shall be secured through the 8, 000,000 Reclamation Fund described in Section 2 above and the $ 8,000, 000 of financial assurances provided pursuant to the conditional use permits for the Quarries and described below in this Section 3, in addition to the pledge of fill revenue to the JPA provided for herein. a) United shall concurrently herewith post with the City and maintain financial assurances as follows with respect to its quarries: Quarry 1 and the Triangle Parcel referred to in c) below, $ 2,500, 000 in the form of bonds; Quant' 2, $ 2, 500, 000 in the form of bonds; Quarry 3, $ 2, 500, 000 in the form of bonds; Quarry 4/plant site, $ 500,000 in the form of a bond hereinafter " financial assurances').
b) $ 500, 000 of the amount posted by United under paragraph 3( a), at the JPA' s election, may be transferred as a financial assurance with respect to that certain property adjacent to Quarry 1 owned by Vulcan Materials Company and commonly referred to as the " Triangle Parcel" at such time, if any, as the City or JPA shall acquire the Triangle Parcel. In such case, the financial assurances posted with respect to Quarry 1 shall be decreased to $ 2, 000, 000. Ifthe City has not acquired the Triangle Parcel by January 15, 2006, the City has agreed that it shall release the $ 500,000 bond applicable thereto. If the City acquires the Triangle Parcel by such date, the $ 500, 000 bond applicable thereto shall remain in place until Quarry 1 is reclaimed. a3ooiV6

c) Upon reclamation of Quarry 1 in accordance with its Reclamation Plan and the release of the Quarry 1 financial assurances pursuant to Section 3 ( f) of this Agreement, United agrees to increase the total financial assurances with respect to Quarry 2 from $ 2, 500, 000 to 4, 500, 000.
d) The parties acknowledge and agree that the amount of financial assurances posted by United and the JPA pursuant to this Section 3 may be adjusted to account for the amount of fill and inflation; provided, however, that such inflation adjustment shall be based on the Producer Price Index, but shall not exceed the rate of change in the Consumer Price Index. The City has agreed that fifty per cent of any such adjustment shall be funded by the City and paid by the JPA.
e) The parties recognize that Section 2773. 1( a)( 3) of SMARA provides for certain annual rights and obligations regarding the adjustment of financial assurances and the City will perform such annual review. The parties hereby agree that in the event it appears there may be an increase in the amount of financial assurances beyond the inflationary adjustment provided above, fill revenue and other factors will be examined and no adjustment will be made without amendment to this Agreement pursuant to Section 8( c).
f) Financial assurances posted with respect to a particular Quarry shall be released upon consent of the JPA, the City and DOC when the reclamation required under the reclamation plan for such Quarry has been completed in accordance with such plan (" completion of reclamation"); provided that such release is in accordance with SMARA and applicable SMGB regulations. ( As provided in Section 3( c) above, $ 2 million of the financial assurances posted with respect to United' s Quarry 1 shall, upon completion of reclamation in Quarry 1, be transferred to secure reclamation of Quarry 2 until completion of reclamation of Quarry 2 and such financial assurances shall then be released.)
g) Interest on any monies in the Reclamation Fund shall accrue to the benefit of the Reclamation Fund and be utilized towards reducing contributions required of the City pursuant to Section 2(b) ( since interest earnings reduce the required contributions to reach the Reclamation Fund).

4. Obligations Regarding Entitlements.
a) Minimum Fill Rates and Defaults under the Reclamation Plans. The parties agree to be bound by the conditions of the conditional use permits for the Quarries relating to the requirements for rate of fill and the remedies upon a breach. b) Obligations of United Regarding Prioritization of Filling Activities.

The City has agreed that it shall prioritize and require the refilling of the quarries in the City in the following order: United Quarry 1, then United Quarry 2. In accordance with the conditions of approval for the Quarry 2 conditional use permit, however, the City may suspend commencement of reclamation of Quarry 2 one time only for such time as reclamation using third party fill is being conducted at another operator' s quarry in the City pursuant to City approval ( a " Priority Quarry"). The suspension shall continue for so long as reclamation of the Priority Quarry is occurring. United' s obligation to fill Quarry 2 will recommence when such 33001v6

Priority Quarry has fully completed filling operations. Nothing herein, however, shall restrict United from utilizing fill material it or its affiliates own to refill its quarries. United shall not be restricted from using fill materials provided by third parties for the purposes of slope stabilization required by the City or similar incidental work. c) Challenge to Special Mining Tax. The City presently levies a special mining tax pursuant to Irwindale Municipal Code Section 3. 18. 040 ( the " Special Mining Tax"). Should United or any other quarry operator in the City successfully contest or challenge in any venue ( i) the existing Special Mining Tax imposed by the City, or ( ii) the use of Special Mining Tax revenues as contributions to the Reclamation Fund referred to above, as well as payment of the reasonable expenses of the JPA and any other purpose presently permitted under the ordinance, the obligations of the City to contribute amounts to the Reclamation Fund shall be suspended and thereafter reinstated if the challenge is dismissed or unsuccessful. This Agreement shall thereafter be terminated in accordance with Section 6 unless the contributions tothe Reclamation Fund fromthe Special Mining Tax can be reinstated within a period of 48 months..

5. Operating Matters Relating to the JPA.
a) United shall appoint a representative to attend meetings ofthe board ofthe JPA in a non- voting capacity. The representative shall receive advance written notice of any meeting and copies of all agendas and agenda materials. The representative shall have a special status and shall not be subject to time restrictions and other rules limiting public participation in meetings.
b) The JPA shall be governed by a board of five members who are residents of the City. The JPA shall adopt an annual budget for its operating expenses each year, which expenses shall include bookkeeping, administration, managing JPA funds, inspection of quarries, oversight of reclamation activities, and other activities reasonably necessary for the operation of the JPA.

The parties hereto agree that the sources of revenue for the JPA shall include revenue provided from the City from mining taxes, interest, penalties, gifts, loans and other sources approved by the parties.
c) United agrees that representatives of the JPA may inspect the Quarries at any reasonable hour during normal business operations upon reasonable notice. Notwithstanding the foregoing, United acknowledges that the City retains all rights under SMARA to inspect the Quarries.

6. Dissolution of the JPA. The Joint Powers Agreement provides for the dissolution of the JPA in accordance with California law. The parties agree to comply with the conditions in United' s conditional use permits relating to the termination of the JPA.

7. Special Provisions Benefiting The State Department of Conservation. The parties hereby agree that the DOC shall be entitled to the following rights regarding the JPA and reclamation of the Quarries contemplated by this Agreement:
a) The DOC may inspect the Quarries pursuant to Public Resources Code Section 2208 or applicable SMARA regulations.
33001v6

0 b) The SMGB and DOC shall retain all powers granted it under SMARA and applicable SMARA regulations.
c) The DOC shall be a third party beneficiary of this Agreement and, as such, will benefit from and may look to the Reclamation Fund as the primary remedy in the event the reclamation obligations contained in the Reclamation Plans are not performed.

8. Miscellaneous Provisions.
a) Any notice contemplated or required hereunder shall be in writing and effective five days after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows ( or to such other addresses as shall be specified in like manner):

If to United Rock:

United Rock Products Corporation
c/ o Colas Inc.
10 Madison Ave.

Morristown, NJ 07960
Attn: Stewart Fuhrmann, Senior Vice President and General Counsel With copy to:

William F. Capps, Esq.

Jeffer, Mangels, Butler & Marmaro LLP
1900 Avenue of the Stars, 7`s Floor
Los Angeles, California 90067
If to the Reclamation Authority:
5050 North Irwindale Avenue
Irwindale, California 91706
Attn:

With copy to:

Fred Galante, Esq.

Aleshire & Wynder
Tower 17
18881 Von Kalman Ave.

Suite 400
Irvine, CA 92612
b) United may assign its rights and obligations hereunder as to each individual quarry provided that any assignee agrees to assume all obligations of United relating to such 33001V6

quarry under this Agreement, the associated Reclamation Plan, and entitlements ( whether by conditional use permit or development agreement) including the posting of a substitute financial assurances instrument in the required amount. After such assumption, the assignor shall be released from such obligations. The assignee shall have the financial capacity to perform its obligations hereunder including the replacement of the then existing financial assurances prior to the transfer becoming effective.
c) This Agreement constitutes the entire agreement among the parties with respect to the matters hereof and may not be amended, supplemented or vaned except in a writing executed by the parry to be bound. Nothing herein shall be deemed to limit or restrict the City in the exercise of its police powers in a manner consistent with State law. Nothing herein shall be deemed to be a waiver of United' s contentions regarding the calculation of financial assurances. d) This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, successors and assigns.

MOM

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first above written, which shall be the Effective Date hereunder.

ATTEST: 1IRWINDALE RECI, A%R7I0N AUTHORITY
kuthority Secretary By Mark Breceda
Its: I Chair
Approved as to Form
Aleshire & der
By:

Fred Galante, Auttrority Counsel
Approved as to Form
Jeffer, Mangeells, Butler & Marmaro, LLP
By:

William F. Capps, Attorney for United
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UNITED _WK-PRODUCTS' CORPORATION, a
By: Stewart Fuhrmann
Its: Secretary
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CITY OF IRWINDALE

PARKWAYS
BY: ELIZABETH RODRIGUEZ, PUBLIC SERVICES DIRECTOR
JULY 24, 2024

INTRODUCTION
❑ STREETS AND HIGHWAY CODE 5610

STATE OF CALIFORNIA LAW
❑ DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS, AND RESERVATION OF EASEMENTS

PROPERTY OWNER SIGNED AGREEMENT FOR HOUSING

PROJECTS
❑ IRWINDALE MUNICIPAL CODE CHAPTER 17.68.120 –

LANDSCAPING REQUIREMENTS (B-D)

LOCAL GOVERNMENT CODE

STREETS AND HIGHWAY CODE 5610
“The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or a parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.”

CC&Rs

CC&Rs CONTINUED

IMC CHAPTER 17.68.120 LANDSCAPING

REQUIREMENTS (B-D)
B. General. Areas required to be landscaped shall be maintained with ground cover, shrubs and trees, as follows:

1. Ground cover, consisting of the various species of ivy or ice plant shall be planted at a maximum of fourteen inches on center; provided, that variegated ivy shall not be permitted, and all other types of ivy shall be subject to approval of the city engineer.

2. Colored aggregate and other landscaping materials, such as redwood bark, may be substituted for ground cover.

3. Not less than twenty percent of the area required to be landscaped shall be planted with trees and shrubs. The type of species shall be compatible with the lot size and building size and consistent with good landscaping practice.

4. The areas required to be landscaped by Sections 17.48.020(C), 17.52.060 and 17.56.060, shall be planted with trees and shrubs.

C. Sprinkler System. A sprinkler system adequate to irrigate the landscaped areas shall be installed in accordance with the plumbing code of the city.

D. Street Parkway. Parkways between curblines and the front property lines shall be landscaped in accordance with this section and compatible with the landscaping on the lot.

QUESTIONS?

Item #40.B.

Date: July 24, 2024
To: Honorable Chair and Members of the Reclamation Authority Board From:

Julian A. Miranda, Executive Director
Issue: Investment Quarterly Report for Fiscal Quarter Ending March 31, 2024.

City Manager's Recommendation:

That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2024.

Administrative Action:

Prepared/Submitted by:

Kambiz Borhani, Finance Director / CIty Treasurer
Approved by:

Julian A. Miranda, Executive Director
Background and Analysis:

California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City’s adopted investment policy (City’s Investment Policy).

The City’s Investment Policy applies to all funds held by the City, Housing Authority, Successor Agency, and Reclamation Authority. The Reclamation Authority’s funds are included in the City’s cash and investment balances. The Investment Report for the quarter ending March 31, 2024, was presented to the City Council, Housing Authority, and Successor Agency Board on April 24, 2024. The Reclamation Authority Board was not scheduled to meet on that date, and therefore it is appropriate to present the same Quarterly Investment Report to the Reclamation Authority during their next regularly scheduled meeting.

The attached Investment Report summarizes the cash balances and investments as of March 31, 2024, for each agency. The City of Irwindale’s balances include investments of all funds of the City and its

agencies, including the Reclamation Authority, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City’s Investment Policy.

Fiscal Impact:

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

Attachments:

1. City of Irwindale Investment Report – March 31, 2024

PAR VALUE /

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE
DATE

MATURITY
DATE

MKT VALUE /
ENDING

BALANCE

INVESTMENT

RATINGS

CITY OF IRWINDALE (POOLED - ALL FUNDS, INCLUDING RECLAMATION AUTHORITY) BMO & WF GENERAL ACCOUNTS 4,923,600 $ 2.01% 4,923,600 $ WF MONEY MARKET ACCOUNT 510,747 $ 5.20% 510,747 $
LOCAL AGENCY INVESTMENT FUND (LAIF) 25,975,347 $ 25,824,464 $

US GOVERNMENT AGENCIES
FEDERAL HOME LN BKS CONS BD (FHLB) $ 0.52% 07/28/21 01/28/25 4,810,545 5,000,000 $ Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.58% 06/23/21 06/23/25 4,738,651 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 3,000,000 0.90% 06/15/21 06/15/26 2,756,799 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06/30/21 06/26/26 4,609,499 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 0.50% 06/30/21 06/30/26 4,616,574 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.87% 07/28/21 07/28/26 4,571,136 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 5,000,000 0.50% 07/29/21 07/29/26 4,620,738 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.42% 08/29/22 11/15/24 974,214 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.45% 08/29/22 12/27/24 971,320 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.28% 08/29/22 02/22/27 926,641 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 2,000,000 5.25% 10/20/23 10/18/28 2,000,249 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.26% 11/28/23 08/28/24 980,773 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.23% 11/28/23 10/11/24 1,001,581 Aaa / AA+ FEDERAL FARM CREDIT Bank (FFCB) 1,000,000 4.94% 11/28/23 07/28/25 999,500 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.04% 12/13/23 09/20/27 1,002,784 Aaa / AA+ FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) 1,000,000 5.22% 12/13/23 11/15/28 1,001,832 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 4.91% 12/18/23 12/12/28 997,962 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.29% 12/21/23 12/21/28 1,000,257 Aaa / AA+ FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) 1,000,000 4.30% 02/05/24 01/30/29 988,090 Aaa / AA+ Sub-Total US Government Agencies: $ 43,569,144 46,000,000 $

MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE 1,000,000 $ 3.35% 08/30/22 04/01/24 1,000,000 $ Aa2 / AABAY AREA CALIFORNIA TOLL AUTHORITY 1,000,000 3.50% 08/30/22 04/01/25 973,230 Aa3 / AA CALIFORNIA STATE TAXABLE 1,000,000 4.30% 01/09/23 10/01/26 1,023,544 Aa2 / AACOAST COMMUNITY COLLEGE DISTRICT CALIFORNIA 1,000,000 4.22% 02/09/23 08/01/26 948,422 Aa1 / AA+ CALIFORNIA STATE TAXABLE 2,000,000 4.00% 04/26/23 04/01/28 1,934,771 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 3.90% 05/17/23 05/15/27 906,946 Aa2 / AA CITY OF LOS ANGELES 2,190,000 4.85% 09/28/23 09/01/28 1,949,211 Aa2 / AA CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY 1,600,000 4.69% 12/01/23 06/01/28 1,480,216 Aa3 / AACALIFORNIA STATE UNIVERSITY 2,000,000 4.45% 12/08/23 11/01/28 1,758,130 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,320,000 4.79% 01/11/24 06/01/27 1,280,529 A / A2 WEST CONTRA COSTA CALIFORNIA SCHOOL DISTRICT 1,000,000 4.10% 01/18/24 08/01/27 905,796 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,000,000 4.78% 01/11/24 06/01/28 967,886 A / A2 ALAMEDA COUNTY CALIFORNIA TAXABLE BONDS 1,000,000 4.05% 01/18/24 08/01/28 963,135 Aaa / AAA SAN JOSE REDEVELOPMENT AGENCY TAXABLE 1,390,000 4.36% 02/12/24 08/01/28 1,309,039 AA/AA+ Sub-Total Municipal Bonds: $ 17,400,854 18,500,000 $

CORPORATE BONDS
WELLS FARGO & COMPANY 2,000,000 $ 6.25% 10/21/22 10/21/27 1,992,871 $ A1 / BBB+ TOYOTA MOTOR CREDIT CORPORATION 1,000,000 5.00% 11/10/22 10/16/25 937,339 A1 / A+ WELLS FARGO & COMPANY 1,000,000 6.41% 12/14/23 05/19/25 992,390 A1 / BBB+ JP MORGAN CHASE BANK 1,000,000 6.05% 12/14/23 12/10/25 972,025 A1 / ABANK OF AMERICA CORPORATION 2,000,000 5.08% 12/19/23 01/20/27 1,990,351 A1 / AAPPLE, INC. 1,500,000 4.25% 02/02/24 02/08/26 1,449,377 Aaa / AA+ APPLE, INC. 1,500,000 4.10% 02/02/24 02/08/27 1,391,751 Aaa / AA+ MICROSOFT CORPORATION 1,000,000 4.30% 02/06/24 09/15/26 968,858 Aaa / AAA INTEL CORPORATION 1,000,000 4.40% 02/06/24 05/11/27 950,582 A2 / A WALMART, INC 1,000,000 4.25% 02/12/24 04/15/28 980,270 Aa2 / AA 3M COMPANY 1,000,000 4.80% 02/12/24 09/14/28 948,222 A1 / BBB+ $ 13,574,036 14,000,000 $

CERTIFICATES OF DEPOSIT
JP MORGAN CHASE BANK 245,000 $ 3.40 % 08/31/22 08/30/24 $ FDIC Insured 243,022 APEX BANK 245,000 3.153 % 08/31/22 08/30/24 242,789 FDIC Insured UBS BANK USA 245,000 3.40 % 08/31/22 09/02/25 239,677 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35 % 08/31/22 09/02/25 239,505 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50 % 08/31/22 08/31/27 237,163 FDIC Insured CAPITAL ONE BANK USA 245,000 3.45 % 08/31/22 08/31/27 236,752 FDIC Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45 % 08/31/22 08/31/27 236,752 FDIC Insured ALLY BANK 245,000 3.35 % 09/01/22 09/01/26 237,102 FDIC Insured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02/27 236,752 FDIC Insured MEDALLION BANK 245,000 3.25 % 09/07/22 09/08/25 239,118 FDIC Insured DR BANK 245,000 3.60 % 09/09/22 09/09/26 238,498 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 236,753 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 236,753 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3.30 % 09/14/22 03/13/26 237,849 FDIC Insured PONCE BANK 245,000 3.35 % 09/14/22 09/14/27 235,991 FDIC Insured FIRST NATIONAL BANK 245,000 3.45 % 09/19/22 09/20/27 236,795 FDIC Insured FIRST WESTERN TRUST BANK 245,000 4.55 % 01/06/23 01/06/28 245,007 FDIC Insured PARK STATE BANK 245,000 4.45 % 07/19/23 07/19/28 252,289 FDIC Insured DISCOVER BANK 245,000 4.55 % 07/19/23 07/17/28 253,416 FDIC Insured COMENITY CAPITAL BANK 245,000 4.45 % 07/26/23 07/26/28 246,179 FDIC Insured FIDELITY CO-OPERATIVE BANK 245,000 5.25 % 07/28/23 07/28/28 245,191 FDIC Insured BANK HAPOALIM BM NY 245,000 5.30 % 11/20/23 05/20/25 245,599 FDIC Insured BANK OF AMERICA, N.A. 245,000 5.30 % 11/22/23 11/24/25 246,503 FDIC Insured SAUK VALLEY BANK & TRUST 245,000 5.00 % 11/22/23 11/24/25 245,302 FDIC Insured BMW BANK NORTH AMERICA 245,000 4.90 % 11/17/23 11/17/28 250,945 FDIC Insured TRUSTAR BANK 245,000 4.75 % 11/22/23 11/22/28 249,518 FDIC Insured STATE BANK INDIA 245,000 5.00 % 11/24/23 11/24/28 255,180 FDIC Insured HENDERSON STATE BANK 245,000 5.00 % 11/28/23 11/28/25 245,513 FDIC Insured Sub-Total Certificates of Deposit: $ 6,791,911 6,860,000 $ Total City of Irwindale Investments (Pooled Funds) $ 112,594,755 116,769,694 $ HOUSING AUTHORITY (Funds 11 & 12)
BMO & WF GENERAL ACCOUNTS 1,604,718 $ 2.01% 1,604,718 $ LOCAL AGENCY INVESTMENT FUND (LAIF) 5,882,564 0.00% 5,848,394 $ $ 7,453,111 7,487,282 $
SUCCESSOR AGENCY (Funds 50-66)
BMO & WF GENERAL ACCOUNTS 1,013,622 $ 2.01% 1,013,622 $ BANK OF THE WEST MONEY MARKET ACCOUNT 0 0
LOCAL AGENCY INVESTMENT FUND (LAIF) 6,931,597 0.00% 6,891,333 $ $ 7,904,955 7,945,219 $
GRAND TOTAL OF INVESTMENTS 132,202,194 $ 127,952,822 $
Approved by _____________________________________ Kambiz Borhani, Finance Director / City Treasurer This investment portfolio is in conformity with the City of Irwindale's Investment Policy which was approved by City Council on December 13, 2023.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.69 years, and the weighted average yield of the City's pooled investments at cost is 2.11%. Market prices of securities are obtained directly through Bank Statements. Due to timing, BMO Bank (formerly known as Bank of the West) and Wells Fargo Bank ("WF") General Account balances are combined and pre-reconciled and yield rates are based on negotiated earnings credit.

INVESTMENT REPORT
March 31, 2024

CITY OF IRWINDALE

SECURITY DESCRIPTION
K. Borhani