Irwindale City Council
August 28, 2024

Resolution No. 2024-63-3540

SECTION 08.03 MILITARY LEAVE
Military Leave requirements for Affected Employees shall be granted consistent with state and federal law pursuant to City’s Personnel Rule 7.15.

SECTION 08.04 LEAVE OF ABSENCE WITHOUT PAY
Affected Employees may apply in writing to the City Manager for a leave of absence without pay.

If the City Manager determines there is adequate justification to grant such a leave of absence and that the work of the department will not be significantly impacted by a temporary absence of the employee, the leave without pay may be authorized, with the condition that the employee be available by phone if the City Manager needs to contact him/her. The City Manager’s decision is final and not subject to grievance or appeal. The City Manager may also terminate or cancel early any authorized leave by giving the employee notice of 10 calendar days. Notice will be given by any means including, but not limited to phone call, text, or U.S. mail.

Any Affected Employee requesting a leave of absence without pay shall utilize all of his/her executive leave, vacation time (and sick leave if appropriate) prior to the start of the leave without pay.

Any leave of absence without pay of 10 hours or more shall result in a pro-rata accrual of vacation, sick leave or holiday credits. A leave of absence without pay of thirty-eight (40) hours or more shall not result in a pro-rata reduction of employer paid health benefit payments.

SECTION 08.05 BEREAVEMENT LEAVE
Consistent with the City’s Bereavement Leave Policy, Affected Employees shall be entitled to bereavement leave of up to five (5) working days (no more than forty (40) hours of which would be paid) per incident. If the Affected Employee requires more than forty (40) hours for bereavement, they may use vacation leave, executive leave, or sick leave available to the Affected Employee, with prior approval, where appropriate.

ARTICLE 9

EMPLOYEE BENEFITS
SECTION 09.01 MEDICAL BENEFITS
Medical Benefits shall be under the CalPERS medical program. The City pays one hundred percent (100%) of the premium for any CalPERS medical plan for Affected Employees and their eligible dependents as defined by CalPERS.

SECTION 09.02 DENTAL BENEFITS
The City pays one hundred percent (100%) of the premium for one of two dental plans offered by the City for Affected Employees and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

Resolution No. 2024-63-3540

SECTION 09.03 VISION BENEFITS
The City pays one hundred percent (100%) of the premium for a vision plan for Affected Employees and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

SECTION 09.04 MEDICAL, DENTAL & VISION INSURANCE PREMIUM OPT-OUT Any Affected Employee who elects to opt-out of medical, dental & vision coverages offered by the City will be paid a cash benefit in lieu of said coverage equal to one half (1/2) of the average monthly cost to the City for single employee medical insurance coverage only (not including dental or vision), provided such Affected Employee can demonstrate, to the satisfaction of the City, that he/she has opted out of all three coverages and can demonstrate to the satisfaction of the City, that such Affected Employee has substantially equivalent medical coverage through some other insurance plan, which plan shall remain in full force and effect during the entire term of employment of such Affected Employee with the City. The City shall have the sole and unfettered right to determine whether such Affected Employee has satisfactorily demonstrated substantially equivalent medical coverage, and any such Employee seeking reimbursement from the City must, at least annually, provide written proof of such substantially equivalent medical coverage in a form satisfactory to the City. Payment shall be made bi-weekly through the regular payroll system.

SECTION 09.05 LIFE INSURANCE
The City shall provide and pay for a life insurance policy for Affected Employees with coverage in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00), as well as coverage for spouse and eligible dependent children in the amount of Five Thousand Dollars and No Cents ($5,000.00) each.

SECTION 09.06 ACCIDENTAL DEATH & DISMEMBERMENT POLICY (AD&D) The City shall provide and pay for an accidental death and dismemberment (“AD&D”) insurance policy for Affected Employees with coverage in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00).

SECTION 09.08 EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City shall pay the premium for participation in an Employee Assistance Program (EAP) for Affected Employees and their eligible dependents.

SECTION 09.09 STATE DISABILITY INSURANCE
Affected Employees are participants in the state-sponsored short-term disability program at no expense to the City.

SECTION 09.10 DEFERRED COMPENSATION
Effective September 1, 2024, the City will match up to one hundred dollars ($100.00) per month of an Affected Employee’s contribution to a City Authorized Deferred Compensation Plan authorized

Resolution No. 2024-63-3540

under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

SECTION 09.11 FLEXIBLE SPENDING ACCOUNT
Affected Employees shall be eligible to participate in the City’s Internal Revenue Code section 125 and 129 Flexible Spending Account plans, which are administered through a vendor selected at the City’s sole discretion. The maximum contribution amounts shall be established in accordance with applicable laws. Employee participation in such plans is voluntary and Affected Employees shall be solely responsible for any desired plan contributions. The City does not provide legal or tax advice to Affected Employees as to whether dependent care and health care expenses are legally taxdeductible to or by them.

SECTION 09.12 UNIFORM ALLOWANCE- CHIEF OF POLICE
The Affected Employee in the classification of Chief of Police shall receive an annual uniform allowance of One Thousand Four Hundred Dollars ($1,400) in the second pay period of each July.

SECTION 09.13 SIDEARM – CHIEF OF POLICE
The Affected Employee in the classification of Chief of Police who separates from employment in good standing shall be entitled to purchase their duty weapon at fair market value.

SECTION 09.14 UNIFORM REIMBURSEMENT
Affected employees in the classifications of Director of Engineering/Building Official and Community Development Director shall receive a one-time reimbursement up to ($200.00) for one (1) pair of safety shoes/boots as required by the City Manager.

SECTION 09.15 BUSINESS RELATED EQUIPMENT
The City shall supply each Affected Employee with a portable laptop computer or tablet (inclusive of office docking station).

SECTION 09.15 AUTOMOBILE ALLOWANCE
The Affected Employee in the classification of Chief of Police shall be provided with a vehicle, fuel, and maintenance for City-related and de minimis personal use. Any personal use beyond de minimis may be subject to the reporting requirements as taxable income, and any applicable taxes shall be the responsibility of the employee to pay and are not paid by the City.

SECTION 09.16 TUITION REIMBURSEMENT
Affected Employees applying for tuition reimbursement shall be initially eligible to receive tuition reimbursement of 20% of an allocated $15,000, provided that such funds are available in the fiscal year such request is made by the Affected Employee. If, at the end of the fiscal year, unencumbered funds are available in the tuition reimbursement account, remaining funds will be used to further reimburse the Affected Employee if accumulated reimbursable educational expenses are in excess

Resolution No. 2024-63-3540

of 20% of the total available for that fiscal year. If more than one employee incurs such additional expenses, distribution of the remaining funds will be made equally among said employees until each individual employee has been fully reimbursed, or until the funds have been depleted, whichever comes first.

All courses taken and completed must have prior written approval of the City Manager. Courses must be graduate-level courses and be related to the Affected Employee’s employment with the City. Upon completion of each course, the Affected Employee must complete the appropriate City form requesting tuition reimbursement. A passing grade of “C” or better is required, and a copy of the grade and all receipts must be attached. Affected Employees may also be reimbursed for costs of books, tuition, and lab fees for classes.

To be eligible for reimbursement, Employee must submit the request for reimbursement within 60 days of completing the class or coursework or receiving the passing grade. In addition, the institution must be accredited by an agency recognized by the California Department of Education, U.S.

Department of Education or Council for Higher Education Accreditation.

ARTICLE 10

PROFESSIONAL DEVELOPMENT
SECTION 10.01 MEMBERSHIP
The City encourages Affected Employees’ continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Manager.

SECTION 10.02 OUT-OF-TOWN MEETINGS & SEMINARS
The City shall reimburse Affected Employees the actual cost for registration, travel, lodging, meals, and other expenses incurred by their while attending overnight, out-of-town meetings or seminars related to his/her employment with the City, in accordance with the City’s policies for expense reimbursement. Moreover, to be eligible the Affected Employee must have budgeted funds available for same; provided, however, that the City Manager may, in his or her sole discretion, approve such unbudgeted expenditures if he or she deems it in the best interests of the City.

SECTION 10.03 LOCAL MEETINGS & SEMINARS
The City shall reimburse Affected Employees the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his/her employment with City in accordance with the City’s policies for expense reimbursement.

SECTION 10.04 INCIDENTAL EXPENSES
The City shall reimburse Affected Employees the actual cost of those incidental expenses necessarily incurred by him/her while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City’s policies for expense reimbursement.

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SECTION 10.05 APPROVAL BY CITY MANAGER
To be eligible to receive reimbursement for the memberships and travel and other expenses incurred pursuant to this Section 10.0, Affected Employees shall obtain approval of the City Manager or their designee.

ARTICLE 11

RETIREMENT
SECTION 11.01 CALPERS
The City is a contract member of the California Public Employees' Retirement System ("CalPERS").

Such membership shall be maintained and Affected Employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and CalPERS heretofore approved by the City Council. The City does not elect and shall not be required to pay any part of employee member contributions known informally as Employer Paid Member Contributions (EPMC) as allowed under Government Code Section 20691. Accordingly, each Affected Employee shall pay the entire member contribution required under the City’s benefit formula as set forth below.

A. Tier I Miscellaneous (Employees hired prior to January 1, 2011 and determined to be a “classic member” by CalPERS)

1. 2% @ 55 retirement benefit formula

2. Fourth Level of 1959 Survivors Program

3. Military Service as Public Service

4. One-Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave
B. Tier II Miscellaneous (Employee hired on or after May 1, 2011, and determined to be a “classic member” by CalPERS)

1. 2% @ 55 retirement benefit formula

2. Fourth Level of 1959 Survivors Program

3. Military Service as Public Service

4. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave
C. Tier III (PEPRA) Miscellaneous (Employees hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04)

1. 2% @ 62 retirement benefit formula

2. Fourth Level of 1959 Survivors Program

Resolution No. 2024-63-3540

3. Military Service as Public Service

4. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave

8. Affected Employee shall individually pay a CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said ”new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater.

D. Tier I Sworn (Employees hired prior to January 1, 2011 and determined to be a “classic member” by CalPERS)

1. 3% @ 50 for sworn unit members

2. Fourth Level of 1959 Survivors Program

3. Military Service as Public Service

4. One-Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave
E. Tier II Sworn (Employee hired on or after May 1, 2011, and determined to be a “classic member” by CalPERS)

1. 3% @ 50 for sworn unit members

2. Fourth Level of 1959 Survivors Program

3. Military Service as Public Service

4. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave
F. Tier III (PEPRA) Sworn (Employees hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04)

1. 2.7% @ 57 for sworn unit members

2. Fourth Level of 1959 Survivors Program

3. Military Service as Public Service

4. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months

5. Improved non-industrial disability allowance

6. Post-retirement survivor allowance

7. Credit for unused sick leave

8. Affected Employees shall individually pay a CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said ”new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater

Resolution No. 2024-63-3540

SECTION 11.02 PARS
Pursuant to Government Code §53216, the City participates in the Public Agency Retirement Services (PARS) Retirement Enhancement Plan which affords non-sworn employees the retirement benefit commonly referred to as “1% at 55.” The City’s participation in PARS is in addition to, and not in lieu of, the City’s participation in the CalPERS programs identified in the preceding Section.

A. Miscellaneous Employee Hired Before January 1, 2007

1. Affected Employees shall individually pay a PARS contribution rate of four tenths percent (0.4%) of salary

2. PARS benefits are vested after completing three (3) years of continuous employment with the City and service credit shall be given for previous employment with/by other agencies and/or cities
B. MiscellaneousEmployees Hired After January 1, 2007

1. Affected Employees shall individually pay a PARS contribution rate of four tenths percent (0.4%) of salary

2. PARS benefits are vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities
C. MiscellaneousEmployees Hired After January 1, 2011

1. Affected Employees shall individually pay a PARS contribution rate of fifty percent (50%) of the amount sufficient to pay for the cost of the PARS retirement enhancement benefit

2. PARS benefits are vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities
Affected Employees hired on and after January 1, 2013 shall be ineligible to participate in the PARS program.

Effective September 1, 2024, or as soon as administratively practicable, all miscellaneous Affected Employees hired before January 1, 2011, shall pay an additional two and one tenths percent (2.1%) of salary, for a total of two and a half percent (2.5%) of salary, for the cost of the PARS retirement enhancement benefit.

SECTION 11.03 RETIREE MEDICAL BENEFITS
Affected Employees who were hired before January 1, 2011 and who retire from the City as a CalPERS-eligible retiree shall receive one hundred percent (100%) lifetime medical insurance upon retirement from the City. The City shall pay one hundred percent (100%) of the premium for any CalPERS medical plan, inclusive of eligible dependents as defined by CalPERS, so long as Affected Employee remains eligible for CalPERS medical coverage.

For Affected Employees hired on or after January 1, 2011, retiree medical will be implemented in

Resolution No. 2024-63-3540

accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479 which mirrors the state plan for contribution levels. The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount towards retiree medical premium for any CalPERS medical plan.

ARTICLE 12

BONDS AND INDEMNIFICATION
SECTION 12.01 INDEMNIFICATION
To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Affected Employees against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

SECTION 12.02 BONDS
City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of an Affected Employee’s services.

ARTICLE 13

TERMINATION AND SEVERANCE
Affected Employees shall be entitled to severance only as provided in this Article 13. Any and all severance rights are conditioned upon and in consideration for execution of a standard agreement of separation, severance, and general release in a form approved by the City Attorney. The severance rights provided for herein shall constitute the sole and only entitlement of an Affected Employee with respect to severance pay in the event of the termination without cause.

SECTION 13.01 NON-SWORN AFFECTED EMPLOYEES
A. Termination Without Cause
By providing a non-sworn Affected Employee at least thirty (30) days’ prior written notice thereof, the City may terminate a non-sworn Affected Employee without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event a non-sworn Affected Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then the City shall pay severance in an amount equal to the monthly base salary of the employee then in effect (excluding the value of any other benefits) multiplied by six (6). The severance payment shall not include the monetary value of any benefits, but salary only.

Resolution No. 2024-63-3540

B. Resignation
Should an Affected Employee resign or otherwise initiate termination of his or her employment with the City, then the City shall have no obligation to pay the severance provided for above.

C. Termination For Cause
The City may terminate a non-sworn Affected Employee for cause at any time by providing non-sworn Affected Employee with five (5) business days’ written notice of termination for cause and the facts and grounds constituting such cause. In the event a non-sworn Affected Employee is terminated for cause, as defined in this section below, the City shall have no obligation to pay the severance provided for above.

For the purposes of this Section 13, “cause” for termination shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), (5) conviction of a felony under California law, (6) violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, (7) violation of the City’s Charter, Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules and the Irwindale Police Department policy manual, (8) use or possession of illegal drugs, (9) engaging in conduct tending to bring embarrassment or disrepute to the City, (10) any illegal or unethical act involving personal gain, (11) significant mismanagement of City finances, (12) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or City Manager, (13) gross misfeasance or gross malfeasance, or (14) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption), or 15) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution.

SECTION 13.02 SPECIAL PROCEDURES FOR SWORN AFFECTED EMPLOYEES With respect to the position of sworn Affected Employees only, in order to comply with the requirements of the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Cal. Gov. Code §3300 et seq.), specifically California Government Code section 3304(c), the following termination procedures shall apply. The City Manager or someone acting in the capacity as City Manager may terminate a sworn Affected Employee at any time with or without cause, by providing written notice of the reason(s) and an opportunity for administrative appeal, as provided herein, in accordance with the requirements of the POBRA, including but not limited to Government Code section 3304(c), which states that the City is required to provide written notice of termination and the reason or reasons therefore and an opportunity for administrative appeal. The City Manager’s right to terminate a sworn Affected Employee as provided herein shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline or termination of the City’s employees. Except as expressly provided in this Section 12.02, a sworn

Resolution No. 2024-63-3540

Affected Employee shall not have any rights provided for the Chief of Police or sworn personnel under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Chief of Police. Notwithstanding this Section 12.02, sworn Affected Employees shall remain as at-will employees serving at the pleasure of the City Manager
A. Termination Without Cause
By providing a sworn Affected Employee at least thirty (30) days’ prior written notice thereof, the City may terminate a sworn Affected Employee without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event a sworn Affected Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then the City shall pay severance in an amount equal to the monthly base salary of the employee then in effect (excluding the value of any other benefits) multiplied by six (6). The severance payment shall not include the monetary value of any benefits, but salary only.

Prior to such termination, in order to be eligible for severance as provided in this Section, a sworn Affected Employee must have worked for the City a minimum of six (6) months.

In order to comply with the requirements of California Government Code section 3304(c), termination by the City Manager for a reason other than cause shall be conducted in accordance with the following procedures:

1. The City reserves the right to place Employee on paid administrative leave for all or a portion of the thirty (30) day notice period provided under this Section 12.02.A.

2. Employee may request to appear before the City Council prior to the effective date of the termination to challenge the reasons for the termination or to raise mitigating circumstances regarding the termination but in such event would waive any right to severance pay as provided in this Section 12.02.A.

B. Resignation
Should a sworn Affected Employee resign or otherwise initiate termination of his or her employment with the City, then the City shall have no obligation to pay the severance provided for above.

C. Termination for Cause
The City may terminate a sworn Affected Employee for cause at any time by providing the employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined the same as in Section 12.01(B) above. For any of the conduct described in this Section constituting cause for termination, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates a sworn Affected Employee for

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cause, the City shall have no obligation to pay severance. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager of a sworn Affected Employee for cause shall be conducted in accordance with the following procedures:

1. Within five (5) days of receipt of written notice under this Section, a sworn Affected Employee may submit a request in writing to the City Manager for an administrative appeal. Such appeal shall not prohibit or otherwise delay the termination of a sworn Affected Employee prior to the administrative appeal.

Failure to timely file such a request shall be deemed to be a waiver of the right to do so.

2. Upon a sworn Affected Employee’s written appeal request, the City Manager shall appoint an independent hearing officer to conduct an administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified or rejected by City Council. Both the sworn Affected Employee and the City and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. Pursuant to Government Code section 3304(c) and for purposes of this subdivision, the removal of a sworn Affected Employee for the purpose of implementing the goals or policies, or both, of the City, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons" for the sworn Affected Employee’s termination in addition to those reasons constitution cause for termination.

3. At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the City based its decision to terminate as well as any information and documents on which the City based its decision to terminate for cause as well as any information and documentation that the sworn Affected Employee chooses to submit to challenge the City’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer.

4. Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether the sworn Affected Employee was properly terminated and whether there was sufficient “cause” to justify not paying severance under the terms of this Resolution unless severance was already tendered. Following City Council’s review and consideration of the advisory decision, the sworn Affected Employee shall be notified in writing as to whether the advisory decision will be upheld, modified or rescinded.

SECTION 13.03 LIMITATION ON SEVERANCE (GOVERNMENT CODE §53260) This Resolution does not create a defined term of employment for any Affected Employee, but in the event this resolution is construed by a court of law to have a fixed term, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section

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53260, then the amount paid to an Affected Employee shall be reduced in the amount necessary to comply with such statute. (Government Code section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six (6) months provided in Section 5.1(b).)

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
Legislative Councilmember 5 Bi-Weekly 346.23 346.23 346.23 346.23 346.23 Monthly Elected 750.16 750.16 750.16 750.16 750.16
Annual 9,001.92 9,001.92 9,001.92 9,001.92 9,001.92
CM City Manager 1 Hourly 88 105.2894 110.5538 116.0817 121.8861 127.9803 Bi-Weekly 8,423.15 8,844.31 9,286.54 9,750.88 10,238.42 Monthly 18,250 19,163 20,121 21,127 22,183
Annual 219,002 229,952 241,450 253,523 266,199
Director Assistant City Manager 1 Hourly 81 88.5764 93.0053 97.6558 102.5385 107.6654 Bi-Weekly 7,086.12 7,440.42 7,812.46 8,203.08 8,613.23
Monthly 15,353 16,121 16,927 17,773 18,662
Annual 184,239 193,451 203,124 213,280 223,944
Director Chief of Police 1 Hourly 85 99.7288 104.7154 109.9510 115.4486 121.2212 Bi-Weekly 7,978.31 8,377.23 8,796.08 9,235.88 9,697.69
Monthly 17,286 18,151 19,058 20,011 21,012
Annual 207,436 217,808 228,698 240,133 252,140
Director Community Development Director 1 Hourly 78 82.2519 86.3644 90.6827 95.2168 99.9779 Bi-Weekly 6,580.15 6,909.15 7,254.62 7,617.35 7,998.23
Monthly 14,257 14,970 15,718 16,504 17,330
Annual 171,084 179,638 188,620 198,051 207,954
Director Director of Engineering/Building Official 1 Hourly 80 86.4159 90.7365 95.2736 100.0370 105.0389 Bi-Weekly 6,913.27 7,258.92 7,621.88 8,002.96 8,403.12
Monthly 14,979 15,728 16,514 17,340 18,207
Annual 179,745 188,732 198,169 208,077 218,481
Director Finance Director/City Treasurer 1 Hourly 79 84.3082 88.5236 92.9495 97.5971 102.4769 Bi-Weekly 6,744.65 7,081.88 7,435.96 7,807.77 8,198.15
Monthly 14,613 15,344 16,111 16,917 17,763
Annual 175,361 184,129 193,335 203,002 213,152
Director Public Services Director 1 Hourly 74 74.5163 78.2423 82.1543 86.2620 90.5750 Bi-Weekly 5,961.31 6,259.38 6,572.35 6,900.96 7,246.00
Monthly 12,916 13,562 14,240 14,952 15,700
Annual 154,994 162,744 170,881 179,425 188,396

EXHIBIT A

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024

Resolution No. 2024-62-3539

RESOLUTION NO. 2024-62-3539

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2023-88-3466, ADOPTING BENEFITS

FOR UNREPRESENTED UNCLASSIFIED NONPERMANENT AND

PERMANENT PART-TIME AT-WILL CITY EMPLOYEES
WHEREAS, Article VIII, Section 803 of the City Charter requires the City Council to establish by resolution salaries and other forms of compensation for all City employees; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in the City employment be fixed and established by resolution of the City Council; and
WHEREAS, Section 2.12.020 of the Irwindale Municipal Code requires that the salaries and compensation of officers and employees of the City be fixed and determined by resolution of the City Council; and
WHEREAS, a number of unaffiliated and/or unrepresented unclassified at-will nonpermanent and permanent part-time employees rely on the City Council to provide an appropriate compensation and benefit system; and
WHEREAS, to facilitate administration and in accordance with applicable laws and regulations, the City Council adopted Resolution No. 2023-88-3466 on December 13, 2023, establishing the benefits for at-will part-time City employees; and WHEREAS, the City Council desires to replace Resolution No. 2023-88-3466 with this Resolution.

NOW, THEREFORE, the City Council of the City of Irwindale hereby resolves, determines and orders as follows:

SECTION 1. Applicability to other Governing Documents.

This Resolution shall supersede Resolution No. 2023-88-3466. This Resolution shall also take the place of all existing resolutions or orders of the City Council as they relate to the subject matter contained herein.

In the event that any provision of this Resolution is in conflict with the City’s Personnel Rules or other policies, this Resolution shall supersede and govern the City’s policies and practices with regard to unrepresented and/or unaffiliated employees.

SECTION 2. Compensation Schedules.

The compensation ranges for unaffiliated and/or unrepresented unclassified at-will nonpermanent and permanent part-time employees shall be as reflected in the City’s then-current Compensation Resolution.

SECTION 3. Benefits Applicable to At-Will Permanent Part-Time Employees.

Unless otherwise stated herein, the benefits for all at-will permanent part-time employees of the City of Irwindale, who are unaffiliated and/or unrepresented and unclassified, shall be as follows:

Resolution No. 2024-62-3539

A. SICK LEAVE. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees shall be eligible for sick leave in accordance with the City’s Personnel Rule

14.20 beginning on the 90th day of employment. Sick leave will not be considered hours worked for purposes of overtime calculation.

Sick leave accrual and pay back are as follows:

1. SICK LEAVE ACCRUAL. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees shall be credited with 3.693 hours of sick leave biweekly per the City’s Personnel Rule 14.20.3.

2. SICK LEAVE CONVERSION. Employees who elect to convert accrued sick leave to compensation as provided for herein shall be limited to a maximum of one hundred (100) total hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:
a. Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be
received by Human Resources no later than December 15 of the calendar year prior to the end of the calendar year in which the employee wishes to convert sick leave.
b. All sick leave conversion elections are irrevocable and cannot be changed or amended unless rescinded and received in
writing by Human Resources no later than December 15 of the calendar year prior to conversion.
c. Employees who fail to submit an election by December 15 of the calendar year prior to the conversion will not be eligible for sick leave converted to cash for that calendar year.
d. Payments for accrued sick leave conversion to cash shall be made by separate check four times a year (first pay period in September, December, March, and June).
e. Employees may not convert sick leave in an amount that shall reduce their sick leave balance to less than two hundred (200) hours.

Sick leave payments upon separation or periodic conversion request will be provided as follows:
25% over 800 hours
50% 481-800 hours
75% 1
st 480 hours
Employees hired on or after August 29, 2024, shall not be eligible for elective sick leave cash out or cash out of sick leave upon separation or employment or retirement from the City.

Resolution No. 2024-62-3539

Employees who are terminated for cause shall not be eligible for any sick leave cash out upon termination of employment.

Cash out limit of one hundred (100) hours per calendar year shall not apply to any cash out of sick leave upon separation of employment or retirement from the City.

Cash out of sick leave shall be paid at the employee’s base hourly rate of pay then in effect.

B. PERSONAL LEAVE. Upon request and with department director pre-approval, employees may use up to forty (40) hours of sick leave as “Personal Leave” per calendar year. The appropriate use of Personal Leave may include such situations as lawyer’s appointments, driver license renewal, home repair appointments, domestic situations not involving family illnesses, and business appointments which normally cannot be done at other non-work times. It shall not be used to extend vacation time.

C. EDUCATION INCENTIVE. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees will receive the following education incentive bonus in addition to their base compensation:

AA/AS degree or Junior Year Status at Four Year College or Higher: $1,200/year BA/BS degree: $1,500/year
MA/MS degree: $1,800/year
To be eligible for these benefits, the coursework and/or degrees must be from an institution accredited by an agency recognized by the California Department of Education, U.S.

Department of Education or Council for Higher Education Accreditation.

This incentive will be paid out over twenty-six (26) bi-weekly pay periods in a calendar year.

The effective date of the incentive pay will be the date on the proof of education and will be retroactive to no more than thirty (30) days from when proof of education is received by Human Resources.

D. BILINGUAL BONUS PAY. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees shall be paid bilingual pay at a rate of fifty cents ($0.50) per hour upon passing a verbal bilingual exam. The employee may take a bilingual exam when hired or twice a year when the City offers bilingual exams. Bilingual bonus pay will be paid per pay period to those employees who prove proficient in Spanish and/or American Sign Language, and are required to use such languages during the course of City business. The City shall determine qualification requirements and the appropriate exam.

E. ANNUAL SERVICE AWARD PAY. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees shall be entitled on each qualifying employee’s fifth (5th) consecutive employment year to “Annual Service Award” pay of ten dollars ($10.00) for each year worked, which shall be paid in December of the qualifying year at the Annual Employee Service Award Reception. If there is no reception planned for the year, the service award will be paid in conjunction with the first paycheck in December of the qualifying year.

Resolution No. 2024-62-3539

F. PARS MEMBERSHIP. Pursuant to Government Code §§ 53216 et seq., the City participates in the Public Agency Retirement Services (PARS) Retirement Enhancement Plan, which affords unaffiliated and/or unrepresented unclassified at-will permanent parttime employees additional retirement benefits commonly referred to as “1% at 55.” The City pays on behalf of each eligible employee an amount sufficient to pay the full cost of the PARS retirement enhancement benefit. The City’s participation in PARS is in addition to, and not in lieu of, the City’s participation in the CalPERS program identified in Section

5. F.

1. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees hired before January 1, 2007:
a. Employees shall individually pay a PARS contribution rate of fourtenths percent (0.4%) of salary. b. PARS benefits are vested after completing three (3) years of continuous employment with the City and service credit shall be given for previous employment with/by other agencies and/or cities.

2. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees hired After January 1, 2007:
a. Employees shall individually pay a PARS contribution rate of fourtenths percent (0.4%) of salary. b. PARS benefits are vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities.

3. Unaffiliated and/or unrepresented unclassified at-will permanent part-time employees hired After January 1, 2011:
a. Employees shall individually pay a PARS contribution rate of fifty percent (50%) of the amount sufficient to pay for the cost of the PARS retirement enhancement benefit.
b. PARS benefits are vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities.

All unaffiliated and/or unrepresented unclassified at-will permanent part-time employees hired on or after January 1, 2013 are ineligible to participate in the PARS program.

Effective September 1, 2024, or as soon as administratively practicable, employees hired before January 1, 2011, shall pay an additional two and one tenths percent (2.1%) of salary, for a total of two and a half percent (2.5%) of salary, for the cost of the PARS retirement enhancement benefit.

G. CalPERS MEMBERSHIP. The City is a contract member of the California Public Employees' Retirement System ("CalPERS"). Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and CalPERS heretofore approved by the City Council. The City does not elect and shall not be required to pay any part of employee member

Resolution No. 2024-62-3539

contributions known informally as Employer Paid Member Contributions (EPMC) as allowed under Government Code Section 20691. Accordingly, each employee shall pay the entire member contribution required under the City’s benefit formula as set forth below.

1. Tier I Miscellaneous (unaffiliated and/or unrepresented unclassified at-will permanent part-time employee hired prior to January 1, 2011 and determined to be a “classic member” by CalPERS)
a. 2% @ 55 retirement benefit formula
b. Fourth Level of 1959 Survivors Program
c. Military Service as Public Service
d. One-Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive months
e. Improved non-industrial disability allowance
f. Post-retirement survivor allowance
g. Credit for unused sick leave

2. Tier II Miscellaneous (unaffiliated and/or unrepresented unclassified at-will permanent part-time employee hired on or after May 1, 2011, and determined to be a “classic member” by CalPERS)
a. 2% @ 55 retirement benefit formula
b. Fourth Level of 1959 Survivors Program
c. Military Service as Public Service
d. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months
e. Improved non-industrial disability allowance
f. Post-retirement survivor allowance
g. Credit for unused sick leave

3. Tier III (PEPRA) Miscellaneous (unaffiliated and/or unrepresented unclassified at-will permanent part-time employee hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04) a. 2% @ 62 retirement benefit formula
b. Fourth Level of 1959 Survivors Program
c. Military Service as Public Service
d. Three-year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest thirty-six (36) consecutive months
e. Improved non-industrial disability allowance
f. Post-retirement survivor allowance
g. Credit for unused sick leave
h. Employee shall individually pay a CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said ”new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater.

Resolution No. 2024-62-3539

H. RETIREE MEDICAL. CalPERS eligible retirees who were hired before January 1, 2011, and who retire from the City as a CalPERS-eligible retiree shall receive one hundred percent (100%) lifetime medical insurance upon retirement from the City. The City shall pay one hundred percent (100%) of the premium for any CalPERS medical plan, inclusive of eligible dependents as defined by CalPERS, so long as employee remains eligible for CalPERS medical coverage. For all new employees hired on or after January 1, 2011, retiree medical will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479 which mirrors the state plan for contribution levels.

The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount towards retiree medical premium for any CalPERS medical plan.

I. DIRECT DEPOSIT REQUIREMENT. The City shall maintain a mandatory requirement for participation in payroll direct deposit for all employees hired after July 8, 2001.

J. MEDICAL BENEFITS. Medical benefits shall be under the CalPERS medical program.

The City pays one hundred percent (100%) of the premium for any CalPERS medical plan for unaffiliated and/or unrepresented unclassified at-will permanent part-time employees and their eligible dependents as defined by CalPERS.

K. DENTAL BENEFITS. The City pays one hundred percent (100%) of the premium for one of two dental plans offered by the City for unaffiliated and/or unrepresented unclassified at-will permanent part-time employees and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

L. VISION BENEFITS. The City pays one hundred percent (100%) of the premium for a vision plan for unaffiliated and/or unrepresented unclassified at-will permanent part-time employees and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

M. MEDICAL, DENTAL, AND VISION INSURANCE PREMIUM OPT-OUT. Any eligible unaffiliated and/or unrepresented unclassified at-will permanent part-time employee who elects to opt-out of medical, dental & vision coverages offered by the City will be paid a cash benefit in lieu of said coverage equal to one half (1/2) of the average monthly cost to the City for single employee medical insurance coverage only (not including dental or vision), provided such employee can demonstrate, to the satisfaction of the City, that he/she has opted out of all three coverages and can demonstrate to the satisfaction of the City, that such employee has substantially equivalent medical coverage through some other insurance plan, which plan shall remain in full force and effect during the entire term of employment of such employee with the City. The City shall have the sole and unfettered right to determine whether such employee has satisfactorily demonstrated substantially equivalent medical coverage, and any such employee seeking reimbursement from the City must, at least annually, provide written proof of such substantially equivalent medical coverage in a form satisfactory to the City. Payment shall be made bi-weekly through the regular payroll system.

N. UNIFORM ALLOWANCE. The position of Senior Center Leader shall receive a uniform allowance in the amount of $50.00 per year.

Resolution No. 2024-62-3539

O. BREAK PERIODS. Unless otherwise stated herein, the break periods for all at-will permanent part-time employees shall be as follows:
• MEAL BREAK. Employees working more than six (6) hours in a work day may take an unpaid meal period of thirty (30) minutes. This shall occur approximately mid-way between the employee’s starting time and finishing time. • REST BREAK. Employees working more than three and one-half (3.5) hours in a work day may take a paid rest break of fifteen (15) minutes for every four hours worked.

Insofar as practical, the rest break should be in the middle of each four-hour work period.

SECTION 4. Benefits Applicable to Authorized At-Will Nonpermanent Part-Time Employees.

Unless otherwise stated herein, the benefits for all at-will nonpermanent part-time employees of the City of Irwindale, who are unaffiliated and/or unrepresented and unclassified, shall be as follows:

A. CITY MANAGER AUTHORIZATION. For unaffiliated and/or unrepresented unclassified at-will nonpermanent part-time positions, the City Manager may authorize the number of hires as long as the personnel costs do not exceed the budgeted amounts in approved funds.

B. SICK LEAVE. Unaffiliated and/or unrepresented unclassified at-will nonpermanent parttime employees shall be eligible for sick leave in accordance with the City’s Personnel Rule 14.20. This includes sick leave accrual as follows:

1. Pursuant to Personnel Rules Section 14.20.07, nonpermanent part-time employees are eligible to accrue sick leave beginning with their first day of employment or July 1, 2015, whichever is later.

2. Nonpermanent part-time employees shall accrue one (1) hour of paid leave for every thirty (30) hours worked, not to exceed a maximum cap of eighty (80) hours per calendar year. Sick leave does not accrue once the cap is reached, but will commence accruing again when accrued sick leave drops below the cap. Any unused accrued sick leave carries over year to year while continuously employed.

Sick leave is provided at the nonpermanent part-time employee’s base hourly wage rate.

3. Nonpermanent part-time employees are entitled to use accrued Sick Leave for any purpose described in Personnel Rules Section 14.20.1 beginning on the 90th day of employment. Nonpermanent part-time employees are only permitted to use a maximum of forty (40) hours accrued Sick Leave per calendar year.

4. Sick leave will not be considered hours worked for purposes of overtime calculation.

5. Nonpermanent part-time employees are not entitled to Sick Leave buy-back and shall not receive any pay out or compensation for unused accrued sick leave upon termination, resignation, retirement or other separation from employment.

Resolution No. 2024-62-3539

6. If a nonpermanent part-time employee separates from City employment and is rehired by the City within one (1) year of the date of separation, previously accrued and unused sick leave hours shall be reinstated.

7. Nonpermanent part-time employees shall provide reasonable advance notification of their need to use accrued paid Sick Leave to their supervisor if the need for sick leave use is foreseeable. If the need for sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.

C. BILINGUAL BONUS PAY. Unaffiliated and/or unrepresented unclassified at-will nonpermanent part-time employees shall be paid bilingual pay at a rate of fifty cents ($0.50) per hour upon passing a verbal bilingual exam. The employee may take a bilingual exam when hired or twice a year when the City offers bilingual exams. Bilingual bonus pay will be paid per pay period to those employees who prove proficient in Spanish and/or American Sign Language, and are required to use such languages during the course of City business. The City shall determine qualification requirements and the appropriate exam.

D. ANNUAL SERVICE AWARD PAY. Unaffiliated and/or unrepresented unclassified at-will nonpermanent part-time employees shall be entitled on each qualifying employee’s fifth (5th) consecutive employment year to “Annual Service Award” pay of ten dollars ($10.00) for each year worked, which shall be paid in December of the qualifying year at the Annual Employee Service Award Reception. If there is no reception planned for the year, the service award will be paid in conjunction with the first paycheck in December of the qualifying year.

E. DIRECT DEPOSIT REQUIREMENT. The City shall maintain a mandatory requirement for participation in payroll direct deposit for all employees hired after July 8, 2001.

F. UNIFORM ALLOWANCE. The positions of Bus Driver, Recreation Aide and Senior Center Aide shall receive a uniform allowance in the amount of $50.00 per year.

E. BREAK PERIODS. Unless otherwise stated herein, the break periods for all at-will non permanent part-time employees shall be as follows:
• MEAL BREAK. Employees working more than six (6) hours in a work day may take an unpaid meal period of thirty (30) minutes. This shall occur approximately mid-way between the employee’s starting time and finishing time. • REST BREAK. Employees working more than three and one-half (3.5) hours in a work day may take a paid rest break of fifteen (15) minutes for every four hours worked.

Insofar as practical, the rest break should be in the middle of each four-hour work period.

SECTION 5. Benefits Appliable to Authorized At-Will Temporary Part-Time Employees.

At-will temporary part-time employees of the City of Irwindale, who are unaffiliated and/or unrepresented and unclassified, are not entitled to any benefits. Other than the compensation provided for herein, temporary part-time employees are not provided any additional

Resolution No. 2024-62-3539

compensation, reimbursements, leaves, or incentives, except those mandated by state or federal law.

A. BREAK PERIODS. Unless otherwise stated herein, the break periods for all at-will temporary part-time employees shall be as follows:
• MEAL BREAK. Employees working more than six (6) hours in a work day may take an unpaid meal period of thirty (30) minutes. This shall occur approximately mid-way between the employee’s starting time and finishing time. • REST BREAK. Employees working more than three and one-half (3.5) hours in a work day may take a paid rest break of fifteen (15) minutes for every four hours worked.

Insofar as practical, the rest break should be in the middle of each four-hour work period.

SECTION 6. Certification.

The Chief Deputy City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 28th day of August 2024. ___________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-62-3539 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 28th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Resolution No. 2024-62-3539

ABSTAIN: Councilmembers:
___________________________________
Laura Nieto, Chief Deputy City Clerk

Item #20.J.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Resolution Relating to Compensation for City Employees City Manager's Recommendation:

Adopt Resolution No. 2024-64-3541 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-45-3522, AND ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES." Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, HR/Risk Manager
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

Article VIII, Section 803 of the City Charter authorizes the City Council to establish, by resolution, a classification plan, salaries, and other forms of compensation for all City employees. Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in City employment be fixed and established by resolution of the City Council.

The City's Compensation Resolution is updated periodically as a result of personnel adjustments and/or compensation adjustments. It sets forth the authorized number of employees along with titles and compensation levels for unclassified management positions, unaffiliated and/or unrepresented unclassified at-will part-time positions, and full-time represented positions. It was most recently updated on July 10, 2024, through the City Council's adoption of Resolution No. 2024-45-3522.

Presently, the City's labor relations representatives and IPOA, ICEA, and IMEA representatives have successfully met and conferred to negotiate successor MOUs and/or Tentative Agreements. The parties have jointly prepared, for the City Council's consideration concurrently herewith, a successor MOU with the IMEA and tentative agreements for successor MOUs between IPOA and ICEA, for the period July 1, 2024 through and including June 30, 2027. The successor MOU and Tentative Agreements provide for a cost of living adjustment for IMEA represented positions effective August 4, 2024, and 5% cost of living adjustment for IPOA and ICEA-represented positions effective September 1, 2024.

Resolution Nos. 2024-63-3540 and 2024-65-3542, for City Council's consideration concurrently herewith, provides for cost of living adjustments and other benefit adjustments for unclassified management employees and the City Manager, similar to the three-year agreements currently being considered herewith for the employee associations, including a 5% cost of living adjustment effective September 1, 2024.

Consistent with the 5% cost of living adjustment proposed for all full-time employees, Resolution No. 2024-64-3541 also provides a 5% cost of living adjustment for all permanent and nonpermanent parttime employees.

In addition to the cost of living adjustments for all employees, the salary range schedule incorporated in proposed Resolution No. 2024-64-3541 reflects the following personnel adjustments:

1. Defund one (1) at-will, unrepresented, unclassified Community Service Officer position

2. Defund two (2) represented, classified full-time Maintenance Worker II positions

3. Fund two (2) represented, classified full-time Maintenance Worker I positions This Resolution meets the requirements for a publicly available pay schedule as required by CalPERS (2 C.C.R. §570.5.)
Fiscal Impact:

Due to many changes taking effect (i.e., costs related to labor negotiations, promotions, retirement(s),

defunding, etc.) being implemented at different times across multiple funds and GL accounts, staff is currently unable to provide an exact amount impacting the current fiscal year's budget. Therefore, with the adoption of Resolution No. 2024-64-3541, staff will seek authorization to amend the Fiscal Year 2024-2025 Adopted Budget by adjusting all corresponding Salaries and Benefits accounts in the General Fund (01), the Mining Impact Fund (13), and AB 939 & AB 341 Recycling Fund (15) as necessary to reflect all the said changes provided that the total amount does not exceed the combined figures approved by the City Council on related subject's agenda reports. A full accounting of all these changes will be provided to the City Council during the Mid-Year presentation.

Attachments:

1. Resolution No. 2024-64-3541

2. Salary Schedule Approved 2024-8-28

Resolution No. 2024-64-3541

RESOLUTION NO. 2024-64-3541

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-45-3522, AND

ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES,

AND COMPENSATION FOR CITY EMPLOYEES
WHEREAS, Article VIII, Section 803 of the City Charter requires the City Council to establish by resolution salaries and other forms of compensation for all City employees; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in the City employment be fixed and established by resolution of the City Council; and
WHEREAS, Section 2.12.020 of the Irwindale Municipal Code requires that the salaries and compensation of officers and employees of the City be fixed and determined by resolution of the City Council; and
WHEREAS, Section 2.25 of the City’s Personnel Rules states that the Personnel Officer shall prepare an annual salary resolution that establishes the minimum through maximum salary rates of pay for employee classifications, which shall be adopted by the City Council; and WHEREAS, the City Council adopted Resolution No. 2024-45-3522 on July 10, 2024, which established the number of positions, schedule of classes, compensation, and benefits for City employees; and
WHEREAS, the IMEA, IPOA, and ICEA Memoranda of Understanding (“MOU”) are now expired; and
WHEREAS, the City’s labor relations representatives and IMEA representatives have successfully met and conferred to negotiate a successor MOU and have jointly prepared, for the City Council’s consideration concurrently herewith a successor MOU between the City and IMEA for the period July 1, 2024 through and including June 30, 2027; and WHEREAS, the City’s labor relations representatives and IPOA and ICEA representatives have successfully met and conferred to negotiate successor MOUs and have jointly prepared, for the City Council’s consideration concurrently herewith, two tentative agreements for successor MOUs between the City and IPOA and ICEA for the period July 1, 2024 through and including June 30, 2027 (“Tentative Agreements”); and
WHEREAS, based on the successor MOU with the IMEA and Tentative Agreements between the City and IPOA and ICEA, the City further desires to implement certain changes in compensation of IMEA, IPOA, and ICEA employees; and
WHEREAS, the salary range schedule incorporated in this resolution provides a five percent (5%) cost of living adjustment (COLA) for IMEA represented employees retroactive to August 4, 2024; and
WHEREAS, the salary range schedule incorporated in this resolution provides a five percent (5%) cost of living adjustment (COLA) for IPOA and ICEA represented employees effective September 1, 2024; and

Resolution No. 2024-64-3541

WHEREAS, concurrently herewith, the City Council is considering the adoption of Resolution No. 2024-63-3540, implementing certain changes in compensation and benefits for unclassified, unrepresented management employees; and
WHEREAS, concurrently herewith, the City Council is considering the adoption of Resolution No. 2024-62-3539, implementing certain changes in benefits for unaffiliated and/or unrepresented unclassified at-will nonpermanent and permanent part-time employees; and WHEREAS, the salary range schedule incorporated in this resolution provides a five percent (5%) cost of living adjustment (COLA) for unclassified, unrepresented management employees, unaffiliated and/or unrepresented unclassified at-will nonpermanent and permanent part-time employees, effective September 1, 2024; and
WHEREAS, concurrently herewith, the City Council is considering the adoption of Resolution No. 2024-65-3542, implementing certain changes in compensation and benefits for the City Manager; and
WHEREAS, the salary range schedule incorporated in this resolution provides a five percent (5%) cost of living adjustment (COLA) for the City Manager, effective September 1, 2024; and
WHEREAS, the City desires to defund the following positions:

Classified Full-Time Positions
Maintenance Worker II (2 positions)
Unclassified Part-Time Position
Community Service Officer
WHEREAS, the City desires to fund the following positions:

Classified Full-Time Positions
Maintenance Worker I (Two positions)
WHEREAS, the City Council desires to adopt this resolution to accurately reflect the current compensation ranges, position titles, and number of positions for all City classifications; and
WHEREAS, this resolution is also intended to serve as the City’s California Public Employees Retirement System (“CalPERS”) publicly available pay schedule as required by California Code of Regulations, Title 2, Section 570.5.

NOW, THEREFORE, the City Council of the City of Irwindale hereby resolves, determines and orders as follows:

SECTION 1. Recitals.

The foregoing recitals are true and correct and are hereby incorporated by this reference.

Resolution No. 2024-64-3541

SECTION 2. Personnel Positions Ordered Defunded.
1) Two (2) represented, classified full-time Maintenance Worker II positions. 2) One (2) unrepresented, unclassified part-time Community Service Officer position.

SECTION 3. Personnel Positions Approved and Ordered Funded. 1) Two (2) represented, classified full-time Maintenance Worker I positions.

SECTION 4. Classified Employees Organized In Bargaining Units Represented By Recognized Employee Organizations.

The Memoranda of Understanding for IMEA, ICEA, and IPOA govern the employment relationship between the City and the employees represented by their respective Recognized Employee Organizations. In the event that this Resolution conflicts with the benefits granted or the restrictions imposed pursuant to any Tentative Agreement or Memoranda of Understanding negotiated with these Recognized Employee Organizations, the applicable Tentative Agreement or Memoranda of Understanding shall govern as to that particular employee bargaining unit.

SECTION 5. Salary and Wage Schedules.

The number of positions, list of class titles, and compensation for all City job classifications are reflected in Exhibit A.

If any employee is receiving compensation above the highest step of the salary range stated in this resolution for his/her position, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Yrate. Except as provided herein or an applicable MOU, no non Y-rated employee may be adjusted to a Y-rate upon reclassification or promotional appointment, and the Y-rate shall no longer be in effect after the termination of the employment in that class of the incumbent(s) on whose behalf the Y-rate is authorized. Nothing in this resolution shall prohibit any Y-rated employee from receiving a cost-of-living adjustment that other employees within the employee’s applicable bargaining group may receive pursuant to an applicable Tentative Agreement or MOU.

SECTION 6. Applicability to other Governing Documents.

This Resolution shall supersede and replace Resolution No. 2024-45-3522. This Resolution shall also take the place of all existing resolutions or orders of the City Council as they relate to the subject matter contained herein. However, in no event shall this Resolution rescind, supersede, alter or in any way have an effect on Resolution No. 2024-63-3540, that is being adopted concurrently herewith, relating to the compensation and benefits of unclassified, unrepresented management employees, or on any approved or adopted memoranda of understanding in accordance with Section 2 of this Resolution.

In the event that any provision of this Resolution is in conflict with the City’s Personnel Rules or other policies, this Resolution shall supersede and govern the City’s policies and practices with regard to unrepresented and/or unaffiliated employees.

Resolution No. 2024-64-3541

SECTION 7. Certification.

The Chief Deputy City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 28th day of August 2024. ___________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-64-3541 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 28th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________________
Laura Nieto, Chief Deputy City Clerk

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
Legislative Councilmember 5 Bi-Weekly 346.23 346.23 346.23 346.23 346.23 Monthly Elected 750.16 750.16 750.16 750.16 750.16
Annual 9,001.92 9,001.92 9,001.92 9,001.92 9,001.92
CM City Manager 1 Hourly 88 105.2894 110.5538 116.0817 121.8861 127.9803 Bi-Weekly 8,423.15 8,844.31 9,286.54 9,750.88 10,238.42 Monthly 18,250 19,163 20,121 21,127 22,183
Annual 219,002 229,952 241,450 253,523 266,199
Director Assistant City Manager 1 Hourly 81 88.5764 93.0053 97.6558 102.5385 107.6654 Bi-Weekly 7,086.12 7,440.42 7,812.46 8,203.08 8,613.23
Monthly 15,353 16,121 16,927 17,773 18,662
Annual 184,239 193,451 203,124 213,280 223,944
Director Chief of Police 1 Hourly 85 99.7288 104.7154 109.9510 115.4486 121.2212 Bi-Weekly 7,978.31 8,377.23 8,796.08 9,235.88 9,697.69
Monthly 17,286 18,151 19,058 20,011 21,012
Annual 207,436 217,808 228,698 240,133 252,140
Director Community Development Director 1 Hourly 78 82.2519 86.3644 90.6827 95.2168 99.9779 Bi-Weekly 6,580.15 6,909.15 7,254.62 7,617.35 7,998.23
Monthly 14,257 14,970 15,718 16,504 17,330
Annual 171,084 179,638 188,620 198,051 207,954
Director Director of Engineering/Building Official 1 Hourly 80 86.4159 90.7365 95.2736 100.0370 105.0389 Bi-Weekly 6,913.27 7,258.92 7,621.88 8,002.96 8,403.12
Monthly 14,979 15,728 16,514 17,340 18,207
Annual 179,745 188,732 198,169 208,077 218,481
Director Finance Director/City Treasurer 1 Hourly 79 84.3082 88.5236 92.9495 97.5971 102.4769 Bi-Weekly 6,744.65 7,081.88 7,435.96 7,807.77 8,198.15
Monthly 14,613 15,344 16,111 16,917 17,763
Annual 175,361 184,129 193,335 203,002 213,152
Director Public Services Director 1 Hourly 74 74.5163 78.2423 82.1543 86.2620 90.5750 Bi-Weekly 5,961.31 6,259.38 6,572.35 6,900.96 7,246.00
Monthly 12,916 13,562 14,240 14,952 15,700
Annual 154,994 162,744 170,881 179,425 188,396

EXHIBIT A

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
IMEA Aquatics Supervisor 1 Hourly 47 38.2563 40.1692 42.1779 44.2870 46.5014 Bi-Weekly 3,060.50 3,213.54 3,374.23 3,542.96 3,720.12
Monthly 6,631 6,963 7,311 7,676 8,060
Annual 79,573 83,552 87,730 92,117 96,723
IMEA Assistant City Engineer 0 Hourly 64 58.2120 61.1226 64.1788 67.3880 70.7572 Bi-Weekly 4,656.96 4,889.81 5,134.31 5,391.04 5,660.58
Monthly 10,090 10,595 11,124 11,681 12,265
Annual 121,081 127,135 133,492 140,167 147,175
IMEA Assistant Engineer 1 Hourly 52 43.2837 45.4481 47.7207 50.1067 52.6120 Bi-Weekly 3,462.69 3,635.85 3,817.65 4,008.54 4,208.96
Monthly 7,503 7,878 8,272 8,685 9,119
Annual 90,030 94,532 99,259 104,222 109,433
IMEA Assistant to the City Manager 1 Hourly 63 56.7923 59.6317 62.6135 65.7442 69.0313 Bi-Weekly 4,543.38 4,770.54 5,009.08 5,259.54 5,522.50
Monthly 9,844 10,336 10,853 11,396 11,965
Annual 118,128 124,034 130,236 136,748 143,585
IMEA Associate Engineer 1 Hourly 56 47.7774 50.1663 52.6745 55.3082 58.0736 Bi-Weekly 3,822.19 4,013.31 4,213.96 4,424.65 4,645.88
Monthly 8,281 8,696 9,130 9,587 10,066
Annual 99,377 104,346 109,563 115,041 120,793
IMEA Associate Planner 1 Hourly 49 40.1933 42.2029 44.3130 46.5288 48.8553 Bi-Weekly 3,215.46 3,376.23 3,545.04 3,722.31 3,908.42
Monthly 6,967 7,315 7,681 8,065 8,468
Annual 83,602 87,782 92,171 96,780 101,619
IMEA Benefits Administrator 1 Hourly 58 50.1962 52.7058 55.3409 58.1077 61.0130 Bi-Weekly 4,015.69 4,216.46 4,427.27 4,648.62 4,881.04
Monthly 8,701 9,136 9,592 10,072 10,576
Annual 104,408 109,628 115,109 120,864 126,907
IMEA Chief Deputy City Clerk 1 Hourly 58 50.1962 52.7058 55.3409 58.1077 61.0130 Bi-Weekly 4,015.69 4,216.46 4,427.27 4,648.62 4,881.04
Monthly 8,701 9,136 9,592 10,072 10,576
Annual 104,408 109,628 115,109 120,864 126,907

EXHIBIT A
CITY OF IRWINDALE FullTime Salary Schedule
Fiscal Year 2024-2025
Effective August 4, 2024

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective August 4, 2024
IMEA City Librarian 1 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Communication and Records Supervisor 1 Hourly 48 39.2135 41.1740 43.2327 45.3942 47.6639 Bi-Weekly 3,137.08 3,293.92 3,458.62 3,631.54 3,813.12
Monthly 6,797 7,137 7,494 7,868 8,262
Annual 81,564 85,642 89,924 94,420 99,141
IMEA Community Development Manager/City Planner 0 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Construction Compliance Manager 1 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Economic Development Coordinator 0 Hourly 53 44.3659 46.5841 48.9135 51.3591 53.9269 Bi-Weekly 3,549.27 3,726.73 3,913.08 4,108.73 4,314.15
Monthly 7,690 8,075 8,478 8,902 9,347
Annual 92,281 96,895 101,740 106,827 112,168
IMEA Executive Assistant 0 Hourly 43 34.6587 36.3918 38.2115 40.1221 42.1284 Bi-Weekly 2,772.69 2,911.35 3,056.92 3,209.77 3,370.27
Monthly 6,008 6,308 6,623 6,955 7,302
Annual 72,090 75,695 79,480 83,454 87,627
IMEA Finance Manager 1 Hourly 68 64.2548 67.4678 70.8413 74.3837 78.1029 Bi-Weekly 5,140.38 5,397.42 5,667.31 5,950.69 6,248.23
Monthly 11,138 11,694 12,279 12,893 13,538
Annual 133,650 140,333 147,350 154,718 162,454
IMEA Housing Coordinator 1 Hourly 53 44.3659 46.5841 48.9135 51.3591 53.9269 Bi-Weekly 3,549.27 3,726.73 3,913.08 4,108.73 4,314.15
Monthly 7,690 8,075 8,478 8,902 9,347
Annual 92,281 96,895 101,740 106,827 112,168

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective August 4, 2024
IMEA Human Resources/Risk Manager 1 Hourly 67 62.6880 65.8226 69.1139 72.5697 76.1981 Bi-Weekly 5,015.04 5,265.81 5,529.12 5,805.58 6,095.85
Monthly 10,866 11,409 11,980 12,579 13,208
Annual 130,391 136,911 143,757 150,945 158,492
IMEA Information Technology Manager 1 Hourly 63 56.7923 59.6317 62.6135 65.7442 69.0313 Bi-Weekly 4,543.38 4,770.54 5,009.08 5,259.54 5,522.50
Monthly 9,844 10,336 10,853 11,396 11,965
Annual 118,128 124,034 130,236 136,748 143,585
IMEA Management Analyst 3 Hourly 47 38.2563 40.1692 42.1779 44.2870 46.5014 Bi-Weekly 3,060.50 3,213.54 3,374.23 3,542.96 3,720.12
Monthly 6,631 6,963 7,311 7,676 8,060
Annual 79,573 83,552 87,730 92,117 96,723
IMEA Police Captain 1 Hourly 77 81.8524 85.9452 90.2423 94.7543 99.4918 Bi-Weekly 6,548.19 6,875.62 7,219.38 7,580.35 7,959.35
Monthly 14,188 14,897 15,642 16,424 17,245
Annual 170,253 178,766 187,704 197,089 206,943
IMEA Police Lieutenant 1 Hourly 71 70.5808 74.1096 77.8149 81.7058 85.7909 Bi-Weekly 5,646.46 5,928.77 6,225.19 6,536.46 6,863.27
Monthly 12,234 12,846 13,488 14,162 14,870
Annual 146,808 154,148 161,855 169,948 178,445
IMEA Project Manager - Construction Compliance 1 Hourly 48 39.2135 41.1740 43.2327 45.3942 47.6639 Bi-Weekly 3,137.08 3,293.92 3,458.62 3,631.54 3,813.12
Monthly 6,797 7,137 7,494 7,868 8,262
Annual 81,564 85,642 89,924 94,420 99,141
IMEA Project Manager - Mining 0 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Public Works Maintenance Supervisor 1 Hourly 48 39.2135 41.1740 43.2327 45.3942 47.6639 Bi-Weekly 3,137.08 3,293.92 3,458.62 3,631.54 3,813.12
Monthly 6,797 7,137 7,494 7,868 8,262
Annual 81,564 85,642 89,924 94,420 99,141

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective August 4, 2024
IMEA Public Works Services Manager 0 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Recreation Manager 1 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Recreation Supervisor 2 Hourly 47 38.2563 40.1692 42.1779 44.2870 46.5014 Bi-Weekly 3,060.50 3,213.54 3,374.23 3,542.96 3,720.12
Monthly 6,631 6,963 7,311 7,676 8,060
Annual 79,573 83,552 87,730 92,117 96,723
IMEA Senior Center Manager 1 Hourly 62 55.4072 58.1774 61.0861 64.1404 67.3476 Bi-Weekly 4,432.58 4,654.19 4,886.88 5,131.23 5,387.81
Monthly 9,604 10,084 10,588 11,118 11,674
Annual 115,247 121,009 127,059 133,412 140,083
IMEA Senior Finance Analyst 1 Hourly 51 42.2279 44.3394 46.5563 48.8841 51.3284 Bi-Weekly 3,378.23 3,547.15 3,724.50 3,910.73 4,106.27
Monthly 7,320 7,686 8,070 8,473 8,897
Annual 87,834 92,226 96,837 101,679 106,763
IMEA Senior Human Resources/ Risk Management Analyst 0 Hourly 53 44.3659 46.5841 48.9135 51.3591 53.9269 Bi-Weekly 3,549.27 3,726.73 3,913.08 4,108.73 4,314.15
Monthly 7,690 8,075 8,478 8,902 9,347
Annual 92,281 96,895 101,740 106,827 112,168
IMEA Senior Management Analyst 0 Hourly 53 44.3659 46.5841 48.9135 51.3591 53.9269 Bi-Weekly 3,549.27 3,726.73 3,913.08 4,108.73 4,314.15
Monthly 7,690 8,075 8,478 8,902 9,347
Annual 92,281 96,895 101,740 106,827 112,168
IMEA Senior Planner 1 Hourly 55 46.6120 48.9428 51.3899 53.9596 56.6577 Bi-Weekly 3,728.96 3,915.42 4,111.19 4,316.77 4,532.62
Monthly 8,079 8,483 8,908 9,353 9,821
Annual 96,953 101,801 106,891 112,236 117,848

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024
ICEA Finance Analyst 1 Hourly 45 36.4135 38.2341 40.1457 42.1529 44.2606 Bi-Weekly 2,913.08 3,058.73 3,211.65 3,372.23 3,540.85
Monthly 6,312 6,627 6,959 7,307 7,672
Annual 75,740 79,527 83,503 87,678 92,062
ICEA Finance Technician 1 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Human Resources Specialist 0 Hourly 38 30.6327 32.1644 33.7726 35.4611 37.2341 Bi-Weekly 2,450.62 2,573.15 2,701.81 2,836.88 2,978.73
Monthly 5,310 5,575 5,854 6,147 6,454
Annual 63,716 66,902 70,247 73,759 77,447
ICEA Inclusion Specialist 1 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Information Technology Technician 1 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Janitor 1 Hourly 20 19.6404 20.6226 21.6538 22.7365 23.8736 Bi-Weekly 1,571.23 1,649.81 1,732.31 1,818.92 1,909.88
Monthly 3,404 3,575 3,753 3,941 4,138
Annual 40,852 42,895 45,040 47,292 49,657
ICEA Library Technician 1 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Maintenance Aide 4 Hourly 25 22.2216 23.3327 24.4995 25.7245 27.0106 Bi-Weekly 1,777.73 1,866.62 1,959.96 2,057.96 2,160.85
Monthly 3,852 4,044 4,247 4,459 4,682
Annual 46,221 48,532 50,959 53,507 56,182

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024
ICEA Maintenance Lead Worker 2 Hourly 43 34.6587 36.3918 38.2115 40.1221 42.1284 Bi-Weekly 2,772.69 2,911.35 3,056.92 3,209.77 3,370.27
Monthly 6,008 6,308 6,623 6,955 7,302
Annual 72,090 75,695 79,480 83,454 87,627
ICEA Maintenance Worker I 2 Hourly 31 25.7707 27.0591 28.4120 29.8327 31.3245 Bi-Weekly 2,061.65 2,164.73 2,272.96 2,386.62 2,505.96
Monthly 4,467 4,690 4,925 5,171 5,430
Annual 53,603 56,283 59,097 62,052 65,155
ICEA Maintenance Worker II 4 Hourly 40 32.1841 33.7933 35.4832 37.2572 39.1202 Bi-Weekly 2,574.73 2,703.46 2,838.65 2,980.58 3,129.62
Monthly 5,579 5,858 6,150 6,458 6,781
Annual 66,943 70,290 73,805 77,495 81,370
ICEA Office Specialist 3 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Building Permit Technician 0 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Planning Technician 1 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Police Administrative Clerk 1 Hourly 28 23.9308 25.1274 26.3837 27.7029 29.0880 Bi-Weekly 1,914.46 2,010.19 2,110.69 2,216.23 2,327.04
Monthly 4,148 4,355 4,573 4,802 5,042
Annual 49,776 52,265 54,878 57,622 60,503
ICEA Police Records Clerk 0 Hourly 28 23.9308 25.1274 26.3837 27.7029 29.0880 Bi-Weekly 1,914.46 2,010.19 2,110.69 2,216.23 2,327.04
Monthly 4,148 4,355 4,573 4,802 5,042
Annual 49,776 52,265 54,878 57,622 60,503

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024
ICEA Police Records Clerk/ Dispatcher 1 Hourly 32 26.4144 27.7351 29.1216 30.5779 32.1067 Bi-Weekly 2,113.15 2,218.81 2,329.73 2,446.23 2,568.54
Monthly 4,579 4,807 5,048 5,300 5,565
Annual 54,942 57,689 60,573 63,602 66,782
ICEA Police Services Specialist 1 Hourly 41 32.9880 34.6375 36.3692 38.1875 40.0971 Bi-Weekly 2,639.04 2,771.00 2,909.54 3,055.00 3,207.77
Monthly 5,718 6,004 6,304 6,619 6,950
Annual 68,615 72,046 75,648 79,430 83,402
ICEA Recreation Assistant 0 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Senior Bus Driver 1 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Senior Center Assistant 1 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Senior Center Leader/Bus Driver 1 Hourly 33 27.0755 28.4293 29.8510 31.3438 32.9111 Bi-Weekly 2,166.04 2,274.35 2,388.08 2,507.50 2,632.88
Monthly 4,693 4,928 5,174 5,433 5,705
Annual 56,317 59,133 62,090 65,195 68,455
ICEA Senior Center Specialist 1 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Senior Code Enforcement Officer 1 Hourly 45 36.4135 38.2341 40.1457 42.1529 44.2606 Bi-Weekly 2,913.08 3,058.73 3,211.65 3,372.23 3,540.85
Monthly 6,312 6,627 6,959 7,307 7,672
Annual 75,740 79,527 83,503 87,678 92,062
ICEA Senior Recreation Leader 3 Hourly 19 19.1620 20.1202 21.1264 22.1827 23.2918 Bi-Weekly 1,532.96 1,609.62 1,690.12 1,774.62 1,863.35
Monthly 3,321 3,488 3,662 3,845 4,037
Annual 39,857 41,850 43,943 46,140 48,447

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
IPOA Police Sergeant 6 Hourly 63 57.6466 60.5288 63.5553 66.7332 70.0697 Bi-Weekly 4,611.73 4,842.31 5,084.42 5,338.65 5,605.58
Monthly 9,992 10,492 11,016 11,567 12,145
Annual 119,905 125,900 132,195 138,805 145,745
IPOA Police Officer 21 Hourly 52 43.9356 46.1322 48.4389 50.8611 53.4043 Bi-Weekly 3,514.85 3,690.58 3,875.12 4,068.88 4,272.35
Monthly 7,616 7,996 8,396 8,816 9,257
Annual 91,386 95,955 100,753 105,791 111,081
IPOA Police Dispatcher/Clerk 5 Hourly 38 30.1885 31.6981 33.2832 34.9471 36.6947 Bi-Weekly 2,415.08 2,535.85 2,662.65 2,795.77 2,935.58
Monthly 5,233 5,494 5,769 6,058 6,360
Annual 62,792 65,932 69,229 72,690 76,325

EXHIBIT A

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024

Permanent Part-Time - Hourly Rates
Position Title Authorized
Number Range Step A Step B Step C Step D Step E
Senior Center Leader 3 19 19.16 20.12 21.12 22.18 23.29 Library Aide 1 26 22.77 23.91 25.10 26.36 27.68
Civil Engineering Technician 0 33 27.07 28.42 29.84 31.34 32.90 Part-Time - Hourly Rates
Position Title Rate
Aquatics Aide/Pool Cashier 19.12
Assistant Pool Manager 23.87
Bus Driver 27.07
Communications Specialist 34.65
Community Center Worker
(temp assignment of staff
member)

22.24 Community Service Officer 20.59
Finance Assistant 23.29
Intern 21.71
Library Page 20.59
Lifeguard 19.59
Office Specialist 24.53
Police Officer Trainee 38.83
Recreation Aide 19.12
Reserve Police Officer 43.93
Senior Center Aide 19.12
Senior Library Page 22.72
Senior Lifeguard 21.62
Summer Youth Worker 16.00
Tutor 21.71

CITY OF IRWINDALE
Part-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024

Item #20.K.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Adopt Resolution to Authorize the Signing of Measure A Grant Funding Agreement City Manager's Recommendation:

Adopt Resolution No. 2024-70-3547, entitled “A Resolution of the City Council of the City of Irwindale Authorizing the City Manager to enter into an Annual Allocation Agreement with the Los Angeles County Regional Park and Open Space District to apply for Measure A Funding Grant for the City Of Irwindale, Accepting the Measure A grant funds, and Appropriating Funding in the Amount of $305,040 from the General Reserves to Create a Reimbursement Account." Administrative Action:

Submitted by:

Elizabeth Rodriguez, Public Services Director
Prepared by:

Aundrea Butler, Management Analyst
Reviewed by:

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

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On November 8, 2016, voters of Los Angeles County approved Measure A with a 75% approval rate.

Measure A is a 1.5 cents parcel tax that generates an estimated $96.8 million in annual funding that can be used to improve, acquire, develop, and maintain park and recreational facilities within Los Angeles County.

There are two different types of Measure A grants available to all cities that were incorporated in Los Angeles County at the time Measure A was passed. Qualified cities can apply for annual allocations, which are distributed under the Community-based Park Investment Program (CPIP) and are for eligible park projects. Upon the completion of these eligible park projects, cities can then apply to use its Maintenance and Services Distribution (M&S Distribution) funds. Fund allocations are determined by actual parcel taxes paid for, study area and population. The City of Irwindale’s accumulated CPIP allocation is at $188,632.27 and the M&S Distribution is at $116,406.95.

Cities must remain in good standing in order to apply for and use these funds. As such, the Los Angeles County Regional Park and Open Space District requires cities to submit annually their most recent financial statements audit (Annual Comprehensive Financial Reports, ACFR, is acceptable), with the intent of applying for an annual allocation report, and provide written support from the City Council authorizing a city representative to apply for, accept, and administer Measure A grant funds.

On July 13, 2022, City Council approved Resolution No. 2022-67-3317, which authorized the City Manager, Assistant City Manager, and Public Services Director as the city representatives.

An allocation agreement is now required by the City of Irwindale to apply for Measure A Grant Funding. The City has identified the maintenance and improvement of the Alfred F. Herrera Softball Field as an eligible park project for Measure A funding. Staff has recognized the safety issues, in which the perimeter of the softball field could be improved, as well as some improvements to the area. Staff plans to use these funds to update and replace irrigation and controllers, regrade the infield, make ADA improvements to the dugout and to extend the height of the fencing, as well as replace all the netting that protects the Irwindale Aquatics Center. This will eliminate any balls from accidently hitting any citizens in the surrounding areas of the playground area, as well as keep the patrons of the Irwindale Aquatics Center safe from any stray balls. In order to apply for the funds for this project, City Council must authorize the City Manager to enter into an annual allocation agreement with the Los Angeles County Regional Park and Open Space District for Measure A grant funding.

Fiscal Impact:

Grant funding is available to the City of Irwindale in the amount of $188,362.27 from the Communitybased Park Investment allocation and $116,406.95 from Maintenance and Services Distribution. Both

may be used for the Alfred F. Herrera Memorial Softball Field Project. Staff worked with the Los Angeles County Regional Park and Open Space District to obtain approval and authorization to use the maintenance and service funds for the Alfred F. Herrera Memorial Softball Field Project. This funding is restricted to past projects completed by the City of Irwindale with Prop A and/or Measure A funding.

The last time the City used these funds was for the improvements made to the softball field in the late 1990s and early 2000s.

Since both these grants are reimbursement grants, an initial appropriation of $305,040 from the General Fund reserves will be needed to later be reimbursed by the respective agencies. Adoption of Resolution No. 2024-70-3547 authorizes the Finance Director to amend the Fiscal Year 2024-2025 Adopted Budget, by appropriating the $305,040 funds from the General Fund reserves and accepting and appropriating both corresponding grant revenues and expenditures into proper Grant Funds.

Attachments:

1. AA Agreement Final - Irwindale

2. 8-28-2024 Measure A Funding Approval -RESOLUTION (1)(1010445.1)

Measure A Annual Allocation Grant Agreement
1 PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of Irwindale
5050 N. Irwindale Avenue
City of Irwindale CA 91706

This Annual Allocation Grant Agreement ("Agreement") is made and entered into by and between the City of Irwindale (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”). Grantee agrees to complete Annual Allocation projects as described in any Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation, and pursuant to Measure A.

RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure A and administer Measure A grants;
WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; and WHEREAS, this Agreement is authorized by Measure A;
THEREFORE, in consideration of the mutual covenants, promises, and representations herein, RPOSD and Grantee agree as follows:

Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of Measure A.

Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the governing body of the RPOSD.

2 Good Standing: Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees in order for payment requests to be processed and to receive or apply for any grant funds from RPOSD.

Grants Administration Manual (GAM): The document that details the policies and procedures for administering grants awarded by RPOSD. From time to time, it shall be amended or changed by RPOSD as described in this agreement.

Grants Management System (GMS): The online Grants Management System used by RPOSD to track Measure A grant-funded projects.

Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure to levy a special tax and issuing bonds approved by voters on November 8, 2016.

Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to the provisions of this Agreement, for the performance of deliverables as described in the Notice to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an identified project and a specified grant amount and authorizes Grantee to commence performance of said project. The NTP shall include the specifics of the approved project, such as the scope of work, funding award, and performance period for the project.

NTP Performance Period: The timeframe within which Grantee is to complete a project as detailed in each Work Plan. Project costs must be incurred within the NTP Performance Period for each project to be eligible for reimbursement.

Project: Acquisition, development, planning and design/or innovation projects utilizing Annual Allocation funding, and as set forth in an executed NTP.

Scope of Work: Grantee’s written description of tasks and deliverables for a project, as set forth in the Work Plan.

Work Plan: A plan that details the proposed elements of a project: scope of work, deliverables, timeline, budget, land tenure, perpetuity plan, community engagement plan, funding acknowledgement, and attachments (as needed).

3 TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which Grantee has applied for, and which have been approved by RPOSD, as evidenced by the issuance of an NTP.

B. The Work Plan and its required attachments, and any subsequent changes or additions approved by RPOSD, are hereby incorporated in this Agreement as though set forth in full.

C. The GAM, and any subsequent changes or additions thereto, and the Measure A Resolution are also hereby incorporated in this Agreement as though set forth in full.

D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed the budget amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the NTP Scope of Work for the approved Work Plan and under the terms and conditions set forth in this Agreement.

E. Grantee acknowledges that it may be required to furnish any additional funds necessary to complete the project approved in the NTP.

F. Any non-recreational use of the project area must be preapproved in writing by RPOSD, and if approved, Grantee agrees that any gross income earned from such nonrecreational uses of the project shall be used for recreation development, additional acquisition, operation or maintenance at the project site, unless RPOSD approves otherwise in writing.

G. Grantee agrees that any gross income that accrues to a grant-assisted development project authorized by the NTP during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular project described in the NTP, unless RPOSD approves otherwise in writing.

Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of RPOSD or their designees (“Effective Date”) and will remain in effect in perpetuity unless terminated by RPOSD upon written notice.

Article 3: Counterparts and Electronic Signatures
A. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same

4 Agreement. The email or electronic signature of the parties shall be deemed to constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.

B. RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (email or electronic signature), as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.

Article 4: Grant Funds
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to an authorized NTP for each project. Grant funds will be disbursed and used solely by the Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the provisions of this Agreement. Grantee may not combine or carryover funds remaining in one project to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work authorized in each NTP.

Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items Grantee shall expend grant funds consistent with the approved NTP, which incorporates by reference the Work Plan. Any revisions to the budget that attempts to shift funds from approved budget items into a different category must be identified in a revised Work Plan within the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the Work Plan which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item may result in a corresponding decrease in the funding for one or more other budgeted items.

Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP’s budget, a total amount not to exceed the amount of the NTP, as follows:

A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount specified in the NTP, upon the Grantee’s satisfactory progress and upon submission of an electronic claim form(s), which shall be submitted no more frequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee’s satisfactory completion of the project, submission of required documentation, and approval by RPOSD. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

5 B. Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only reimburse for actual costs incurred and verified. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.

C. Claim for reimbursement must be signed by Grantee’s authorized representative.

Each claim form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that Grantee seeks reimbursement for.

2. Invoices from vendor(s) that Grantee engaged to complete any portion of the work funded under this Agreement and proof of payment (credit card statement, cleared checks) and any other source documents for costs incurred and expenditures by any such vendor(s), unless RPOSD makes a specific exemption in writing.

D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with reimbursement requirements or lack sufficient documentation.

Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the GAM.

Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.

Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by submitting:

1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);

2. Electronic submission of the final claim;

3. All required documentation as required by RPOSD.

6 Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A resolution, in perpetuity consistent with the applicable provisions in the GAM.

Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD’s financial assistance for each project that has been awarded funding consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and promotional materials, (2) social media, and (3) project signage.

Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.

Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or disposition of the property, except as described in Paragraph (A). (A) If the use of the property acquired through grants pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient for a purpose authorized in that category or shall be reimbursed to the Parks Fund and shall be available for a use authorized in that category.

If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized in that category or shall be reimbursed to the Parks Fund and be available for a use authorized in that category. Nothing in this Section shall limit a Public Agency from transferring property acquired pursuant to this order to the National Park Service or the State Park System, with or without consideration.

7 In either instance, Grantee must provide documentation to RPOSD detailing the benefits that the disposal or partial disposal of property will provide to the residents of Los Angeles County, consistent with Measure A.

Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects, and to facilitate a transparent process by which agencies report use of Measure A funds.

Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee; and from all costs and expenses, including attorney’s fees, in any action or liability arising under this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the GAM. Any contracts entered into, or other obligations or liabilities incurred by, Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may request.

B. If the project described in the approved NTP includes development, Grantee shall ensure that projects adhere to environmental and sustainability efforts consistent with the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and Watershed Protection Program; Regional Recreation Facilities, Multi-Use Trails and Accessibility Program. Examples including but are not limited to: sustainability, costsaving energy efficiency, weatherization, stormwater capture, water efficiency, including irrigation efficiency, use of reclaimed water or stormwater, and use of climate and site appropriate native California tree and plant materials.

8 C. If the project described in the approved NTP includes acquisition of real property, Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.

Article 16: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties. It is the responsibility of Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so.

Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations, ordinances, directives, guidelines, and policies and procedures.

Article 18: Governing Law, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the laws of the State of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.

Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing by mail with an email copy to [email protected].

Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and operations relating to this Agreement and for each executed NTP in accordance with generally accepted accounting principles.

B. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following completion of each project.

9 C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

At any time during the term of this Agreement or at any time within five years after termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

D. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims.

RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

E. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, Measure A or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.

Article 23: Independent Capacity
This Agreement is by and between RPOSD and Grantee and is not intended to create the relationship of agent, servant, employee, partnership, joint venture, or association, as

10 between RPOSD and Grantee. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

Article 24: Assignment
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.

Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.

Article 26: Timeliness
Time is of the essence in this Agreement.

Article 27: Publicity of Project Information
Grantee shall give RPOSD the right and opportunity to use information gained from a project described in the approved NTP.

A. Grantee agrees to utilize best efforts to provide a minimum of 30 days’ notice of the project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor’s Office in which the project described in a work plan is located, as well as to other appropriate public officials.

B. Grantee shall provide quality digital photographs of the pre-construction site and completed project described in the work plan to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then Grantee shall provide quality printed Photographs of the completed project described in the work plan.

Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

11 Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.

B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.

Failure to comply with the provisions of this Article 30 shall be a material breach of this Agreement.

Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the

12 change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written contract with RPOSD and agree to comply with the terms of Measure A and this Agreement.

B. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except when that access may interfere with resource protection.

C. All facilities shall be open to members of the public generally, as noted in the GAM.

Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request, in perpetuity.

D. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and this Agreement.

E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of Measure A, GAM and/ or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder’s Office.

Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of funds furnished under these provisions, Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the funds would be inadequate compensation.

In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:

1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;

2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee’s obligations under this Agreement;

13 b. Receive reimbursement of grant funds awarded under the NTP.

B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.

C. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.

Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:

1. Facts have arisen, or situations have occurred, that fundamentally alter the expectations of the parties or make the purposes for an NTP or grant funds approved as contemplated infeasible or impractical;

2. Any material modifications in the scope or nature of a project have occurred from that which was presented in the NTP and such material modifications have not received the prior written approval of RPOSD;

3. Any statement or representation made by Grantee in the NTP, the grant status update report, and back up documents, or is otherwise untrue, inaccurate or incomplete in any material respect;

4. The results of RPOSD’s review of the grant status update report are not acceptable to RPOSD;

5. The project described in the NTP will not or cannot be completed by the NTP Performance Period or any extensions granted thereto or delays in the implementation of the project have occurred which, in RPOSD’s judgment, make the project impracticable;

6. Title to or encumbrances against the property are or become such that the Grantee is unable to complete the project described in the NTP and/or the property becomes unavailable for public use.

Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or agree to any amendment or modification to an existing contract, agreement, lease or

14 similar arrangement, that in RPOSD’s opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with nongovernmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction.

B. Grantee (or its representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.

CEQA documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.

Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the GAM.

C. Grantee and RPOSD will conform to the requirements of Government Code Section 7920.000, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. If an NTP involves acquisition of property, however, both RPOSD and Grantee may withhold from public review any and all documents exempted under Section 7928.705, prior to completion of said acquisition.

D. If RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.

E. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.

F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the

15 part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.

16 IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By: ________________________________
Signature of Authorized Representative
Name: ______________________________

Title: _______________________________
Date: _______________________________

LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:

By: ______________________________
Director / Administrator
Date: ____________________________
Agreement No. A38

ATTACHMENT A
1 Date
Grantee Information

NOTICE TO PROCEED

REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. _________(Enter Number), dated (Enter Date) ("Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated (Enter Date), for the project described as (Enter Project) (“Project”).

1. Scope of Work

2. NTP Performance Period
This Project shall be completed by the NTP Performance Period (Enter Date).

3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter Amount), including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.

4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for purposes of reimbursement.

ATTACHMENT A
2 All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. This NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.

At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.

APPROVED BY:
_______________________________
RPOSD Representative
Date: ____________________________

01005.0001/1010445.1 Resolution No. 2024-70-
3547 Page 1
RESOLUTION NO. 2024-70-3547

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ANNUAL ALLOCATION

AGREEMENT WITH THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN

SPACE DISTRICT FOR THE CITY OF IRWINDALE, ACCEPTING THE MEASURE A GRANT FUNDS, AND APPROPRIATING FUNDING IN THE AMOUNT OF $305,040

FROM THE GENERAL RESERVES TO CREATE A REIMBURSEMENT ACCOUNT WHEREAS, On November 8, 2016, voters of Los Angeles County approved Measure A with a 75% approval rate. Measure A is a 1.5 cents parcel tax that generates an estimated $96.8 million in annual funding; and
WHEREAS, Measure A funds can be used to improve, acquire, develop, and maintain park and recreational facilities within Los Angeles County; and WHEREAS, there are two types of funds cities can apply for under Measure A, Community-based Park Investment Program and Maintenance and Services Distribution; and
WHEREAS, the City of Irwindale’s accumulated Community-based Park Investment allocation is $188,632.27; and
WHEREAS, the City of Irwindale’s accumulated Maintenance and Services Distribution funds is $116,406.95; and
WHEREAS, Measure A Grant Administer Los Angeles County Regional Park and Open Space District requires cities to be in good standing in order to receive these grants; authorize a city representative to apply for, accept, and administer grant funds; and submit annually their most recent financial statements audit and an intent to apply for allocations report; and
WHEREAS, on July 13, 2022, the City Council adopted Resolution No. 2022-67- 3317 appointing and authorizing the City Manager, Assistant City Manager, and the Public Services Director to apply for, accept, and administer all Measure A Funds; and WHEREAS, an allocation agreement is now required by the City of Irwindale to accept and utilize Measure A Grant funding; an
WHEREAS, City Staff has identified the maintenance and improvements of the Alfred F. Herrera Memorial Softball Field as an eligible park project to utilize these grant funds.

NOW, THEREFORE, the City Council of the City of Irwindale does hereby find and determine as follows:

Resolution No. 2024-70-3547

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

SECTION 2. The City Council hereby authorizes the City Manager, or the City Manager’s designee, to sign the annual allocation agreement with the Los Angeles County Regional Park and Open Space District for Measure A Grant funding.

SECTION 3. The City Council hereby accepts the allocation of Measure A grant funds in the amount of $188,632.27 in Community-based Park Investment funds, and $116,406.95 in Maintenance and Services Distribution funds. The City Council hereby appropriates $305,040 from the General Fund Reserves to create a reimbursement account for this grant. The Finance Director is hereby authorized to amend the Fiscal Year 2024-2025 Adopted Budget, by appropriating the $305,040 funds from the General Fund reserves and accepting and appropriating both corresponding grant revenues and expenditures into their respective grant fund accounts.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. The Chief Deputy City Clerk shall certify to the passage and adoption of this Resolution, and the same shall thereupon take immediate effect and be in force.

PASSED, APPROVED, AND ADOPTED this 28th day of August 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0001/1010445.1 Resolution No. 2024-70-
3547 Page 3
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-70-3547 was adopted at a regular meeting of the City of Irwindale held on August 28, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Item #20.L.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Regional Food Recovery Program Letter of Agreement with the San Gabriel Valley Council of Governments
City Manager's Recommendation:

Adopt Resolution No. 2024-73-3550 entitled, "A Resolution of the City Council of the City of Irwindale Authorizing the City Manager to Sign a FRESH SGV Regional Food Recovery Program Letter of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) to confirm the City of Irwindale's participation in the Food Recovery for Equity, Sustainability, and Health in the San Gabriel Valley (FRESH SGV) Program, which Includes Utilizing CalRecycles's Round Two SB 1383 Local Assistance Grant Applied for by SGVCOG on Behalf of the City of Irwindale." Administrative Action:

Submitted by:

Elizabeth Rodriguez, Public Services Director
Prepared by:

Aundrea Butler, Management Analyst
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

In September 2016, the passage of Senate Bill 1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.

City staff are working with the San Gabriel Valley Council of Governments (SGVCOG) to provide a regional approach for SB 1383 compliance. The Regional Food Recovery Program, now known as Food Recovery for Equity, Sustainability, and Health in the San Gabriel Valley (FRESH SGV), was established to help member agencies comply with SB 1383's food recovery mandates and reduce food waste in the San Gabriel Valley. Known as one of the largest regional food recovery programs in California, the Program assesses commercial edible food waste generators, identifies and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements inspection protocols. Last year, the SGVCOG issued grant awards to God’s Pantry located in Pomona, Heart of Compassion located in Montebello, and Foothill Unity Center located in Monrovia to develop regional “food hubs” which help recover and redistribute excess edible food to people experiencing food insecurity. 17 cities are currently participating in FRESH SGV.

During Spring 2022, the City of Irwindale was awarded Round One SB 1383 Local Assistance Grant funding from CalRecycle in the amount of $20,142. This non-competitive grant program provided funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

In the first round of the grant program, the City of Irwindale had an individual grant agreement with CalRecycle and utilized these funds to pay the SGVCOG for Program services. Round Two of the SB 1383 Local Assistance Grant Program allowed Joint Powers Authorities to apply on behalf of member agencies. Another change to the grant was the increase in the base award for jurisdictions from $20,000 to $75,000, with remaining funds distributed based on per capita calculations. This includes an allocation of $75,000 for the City of Irwindale. With these changes, SGVCOG submitted a regional application for the Round Two Grant and was awarded $2.1 million in funding to implement the Program on the participating cities’ behalf.

Round Two eligible projects include edible food recovery, inspection and enforcement, and education and outreach, among other activities related to SB 1383 implementation. SGVCOG’s regional

application included funding for the inspection and enforcement program, the hub development program to continue the recovery of excess edible food, city-specific programs, and project management costs for SGVCOG staff and consultants.

Fiscal Impact:

There is no fiscal impact to enter into a Letter of Agreement to continue to receive the SGVCOG’s Regional Food Recovery Program Services. The SGVCOG is the direct recipient of CalRecycle’s Round Two SB 1383 Local Assistance Grant and will use the City’s allocation to cover the cost of the City’s participation in the FRESH SGV Program. Additionally, the City has allocated $25,000 from this grant to purchase organic receptacles for the Irwindale Park. SGVCOG will purchase these receptacles on behalf of the City using these grant funds.

Attachments:

1. 8-28-24 FRESH Program Letter with SGVCOG - RESOLUTION

01005.0014/931554.1
RESOLUTION NO. 2024-73-3550

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

AUTHORIZING THE CITY MANAGER TO SIGN A FRESH SGV REGIONAL FOOD

RECOVERY PROGRAM LETTER OF AGREEMENT WITH THE SAN GABRIEL

COUNCIL OF GOVERNEMENTS (SGVCOG) TO CONFIRM THE CITY OF IRWINDALE’S PARTICIPATION IN THE FOOD RECOVERY FOR EQUITY,

SUSTAINABILITY, AND HEALTH IN THE SAN GABRIEL VALLEY (FRESH SGV) PROGRAM, WHICH INCLUDE UTILIZING CALRECYCLE’S ROUND TWO SB 1383

LOCAL ASSISTANCE GRANT APPLIED FOR BY SGVCOG
ON BEHALF OF THE CITY OF IRWINDALE.

WHEREAS, in September 2016, the passage of Senate Bill 1383 established statewide targets to divert the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption, including the recovery of 20 percent of edible food that would otherwise be sent to landfills by 2025, and imposed a requirement on local jurisdictions to establish food recovery programs to strengthen existing food recovery networks; and
WHEREAS, the City of Irwindale has been part of the San Gabriel Valley Council of Governments (SGVCOG) Regional Food Recovery Program, the largest in California, since September 2021; and
WHEREAS, this Regional Food Recovery Program is comprised of 17 cities, and assesses commercial edible food waste generators, identifies and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements monitoring and inspection protocols; and WHEREAS, the City of Irwindale was awarded $20,142 from Round One of CalRecycle’s SB 1383 Local Assistance Grant Funding in Spring of 2022, which provided additional support to the Regional Food Recovery Program by establishing sub-regional recovery hubs and additional education and outreach; and WHEREAS, Round One of the SB 1383 Local Assistance Grant Funding only allowed for local jurisdictions to apply, whereas with Round Two, CalRecycle has made several significant changes to the guidelines to allow for Joint Powers Authorities, such as SGVCOG, to submit a regional application to CalRecycle on behalf of, and without the individual participation of, all member agencies, and allows for Food Recovery Organizations to own the equipment purchased with these funds; and WHEREAS, the grant has an increase in the base award for jurisdictions from $20,000 to $75,000, with remaining funds distributed based on per capita calculations.

This includes an allocation of $75,000 for the City of Irwindale. With these changes, SGVCOG submitted a regional application for the Round Two Grant and was awarded $2.1 million in funding to implement the Program on participating cities’ behalf; and

01005.0014/931554.1
WHEREAS, SGVCOG’s regional application included funding for the inspection and enforcement program, the hub development program to continue the recovery of excess edible food, city-specific programs, and project management costs for SGVCOG staff and consultants; and
WHEREAS, the City Council now desires to authorize the City Manager to sign the FRESH SGV Regional Food Recovery Program Letter of Agreement with the San Gabriel Valley Council of Governments to confirm the City of Irwindale’s participation in the Food Recovery for Equity, Sustainability, and Health in the San Gabriel Valley (FRESH SGV) Program, which includes utilizing CalRecycle’s Round Two SB 1383 Local Assistance Grant applied for by SGVCOG on behalf of the City of Irwindale.

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

SECTION 1. The City Council hereby adopts the Recitals above as true and correct and incorporates them herein by reference.

SECTION 2. The City Council hereby authorizes the City Manager to sign the FRESH SGV Regional Food Recovery Program Letter of Agreement, attached hereto as Exhibit “A”. City staff are further directed and authorized to transmit a copy of this Resolution and the signed Letter of Agreement to SGVCOG.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

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

PASSED, APPROVED and ADOPTED this 28th day of August 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0014/931554.1
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-73-3550 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 28th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

01005.0014/931554.1
ATTACHMENT “A”

FRESH SGV REGIONAL FOOD RECOVERY PROGRAM LETTER AGREEMENT August 29, 2024
Julian Miranda, City Manager
City of Irwindale
5050 N Irwindale Ave
Irwindale, CA 91706
RE: City of Irwindale’s Participation in SGVCOG’s Regional Food Recovery Program Dear City Manager Miranda,
This Letter Agreement (“Letter”) is to confirm the City of Irwindale’s (“City”) participation in the Food Recovery for Equity, Sustainability, and Health in the San Gabriel Valley (FRESH SGV) (“Program”).

As you are aware, the City of Irwindale and the San Gabriel Valley Council of Governments (SGVCOG) have previously entered into a Memorandum of Agreement (“MOA”) to provide Program services wherein the SGVCOG coordinated such services and was reimbursed by the City. The SGVCOG is now the direct recipient of funding for the Program services and the City has expressed its desire to continue to receive such Program services, which will be funded by the SGVCOG. The continuation of Program services pursuant to this letter is anticipated to begin August 1, 2024, and to conclude on April 30, 2026.

Notwithstanding anything to the contrary in the MOA by way of this Letter, any unspent funds allocated under the MOA will be utilized to continue Program services under this Letter.

Through participation in this Program, the City will receive services which may include, but are not limited to:
• Inspections of Tier 1 and Tier 2 Edible Food Generators, and Food Recovery Organizations;
• Food recovery capacity expansion initiatives, such as the Food Recovery Hub pilot initiative; and
• Purchase of organics bins as determined by the City based on specified budget.

Key responsibilities of each agency are outlined below. ● SGVCOG Responsibilities:
o Manage and administer CalRecycle and consultant agreements to ensure successful implementation of the Program.
o Manage the budget for the Program, which includes utilizing any surplus funds from the food recovery program MOA to support Program implementation. o Provide a point-of-contact to serve as the SGVCOG’s Project Manager. o Respond to and address City questions regarding Program implementation. o Coordinate conference calls and/or meetings with City as necessary.

01005.0014/931554.1
o Hold joint city food recovery meetings to support information sharing. ● City Responsibilities:
o Maintain membership in the SGVCOG during the entire term of the Program. o Designate a point-of-contact to serve as the City’s Project Manager to provide direction and support and manage the day-to-day coordination with the SGVCOG and consultants.
o Provide feedback and elevate questions to the SGVCOG’s Project Manager on the implementation of the Program.
o Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and its consultants to support the implementation of the Program.
o Coordinate City resources as needed to facilitate implementation of the Program within the City.
o Participate in scheduled monthly conference calls and/or meetings with the SGVCOG and consultants throughout the term of the Program. o Participate in monthly joint city food recovery meetings.

The SGVCOG reserves the right, in its sole discretion, to discontinue providing the Program’s services within the City at any time but shall endeavor to provide City with at least five business days’ notice thereof. The SGVCOG and the City shall bear their own respective costs in fulfilling the responsibilities outlined above. Should you have any questions regarding the Program, please contact Mackenzie Bolger at [email protected].

Sincerely,
Marisa Creter
Executive Director
ACKNOWLEDGED AND ACCEPTED:

City of Irwindale
__________________________________ ___________________
Julian Miranda, City Manager Date
Cc: Mackenzie Bolger, Principal Management Analyst

Item #20.M.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Accept and Appropriate $150,000 of Hazard Mitigation Grant Program Funding from the Federal Emergency Management Agency, and $50,000 from the California Governor's Office of Emergency Services Prepare California Match Program City Manager's Recommendation:

That the City Council consider adopting Resolution No. 2024-56-3536, entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE ACCEPTANCE AND APPROPRIATION OF

THE FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM IN THE AMOUNT OF $150,000, AND THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES PREPARE CALIFORNIA MATCH PROGRAM IN THE AMOUNT OF $50,000 FOR THE USE OF PROJECTS THAT WILL HELP DEVELOP A FEMA APPROVED HAZARD MITIGATION PLAN.” Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Baltazar Barrios, Associate Planner
Electronically Approved
Reviewed by:

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

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On March 1, 2023, the California Governor’s Office of Emergency Services (Cal OES) released a Notice of Funding Opportunity (NOFO), presenting a mitigation funding opportunity from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) through the Presidential Major Disaster Declaration, DR-4683, which set aside $144 million of federal funding for FEMA HMGP activities and projects. This opportunity provides funding for communities to implement mitigation activities that reduce risk to life, property, and infrastructure from natural hazards. In California, natural hazards include wildfire, earthquakes, drought, extreme heat, flooding, and other natural hazards as defined in the State Hazard Mitigation Plan. HMGP funding can support the development of hazard mitigation planning, project scoping activities, and mitigation projects. This funding opportunity presents significant funding for eligible mitigation activities across the state.

In addition, Cal OES would continue the Prepare California Match Initiative, which also set aside $48 million in state funding to help provide funding to eligible California communities that are the most socially vulnerable and at the highest risk for future natural hazard events to help them meet the 25% non-federal (local) cost share requirement.

On March 22, 2023, the Irwindale City Council adopted Resolution No. 2023-26-3404 to allow the City to designate authorized agents to act on behalf of the City to obtain state and federal financial assistance. On May 10, 2023, the Community Development Department submitted a Notice of Interest (NOI) for funding to Cal OES to update the City of Irwindale’s Single Jurisdisctional Local Hazard Mitigation Plan. On August 4, 2023, the City submitted a full subapplication to Cal OES to obtain funding from the HMGP.

On January 17, 2024, the City was notified it was selected by Cal OES to receive $50,000 in funding under the Prepare California Match Program, contingent upon approval of the FEMA HGMP subaward and the final total cost of the project. On May 13, 2024, FEMA approved and awarded $150,000 in HMGP funds to the City. A total of $200,000 has been awarded to the City for preparation of the HGMP.

In order to receive payment as a grant subrecipient, Cal OES requires that the City Council adopt a resolution approving the acceptance and appropriation of the HMGP funds.

PROJECT DESCRIPTION:

The grant application is seeking funds to pay staff and consultant time and materials for activities associated with the preparation and adoption of the new Hazard Mitigation Plan. As part of the grant application, the City has outlined several tasks that the City and the Consultant will undertake. Some of the tasks include:

• Invite the local community and stakeholders to participate in a “Planning Team/Task Force,” whose tasks and responsibilities are to involve participating in the planning process, attending meetings, and providing data as requested; soliciting input from citizens and professionals with knowledge of applicable hazards; providing input on how risk differs across the City; holding public meetings and review drafts of the Hazard Mitigation Plan. • Identify and describe hazard profiles that have occurred within the City of Irwindale, as well as prioritization of hazards. These identified hazards will be captured by the Consultant in a GIS database which will be compatible with the City’s GIS systems. As well, a list of the City’s critical facilities will be created as part of the identification process. • Prepare a vulnerability assessment for the City from the approved critical facilities list and hazard profiles. The Consultant will work with Irwindale’s Planning Team/Task Force to analyze applicable codes and plans that affect or mitigate the impact of potential hazards in the community. The Consultant and Planning Team/Task Force will help develop mitigation goals specific to Irwindale’s needs.

The next step is authorization to accept and appropriate the amount of $200,000 to begin implementation of the proposed projects listed above, prepare planning documents, and process improvements to facilitate compliance with FEMA’s Local Hazard Mitigation Plan requirements.

Fiscal Impact:

Adoption of Resolution No. 2024-56-3536 will authorize staff to accept and appropriate $150,000 from FEMA HMGP project funds in Fund 31, and $50,000 from Cal OES Prepare California Match Program in Fund 35 respective revenue and expenditure grant funds' accounts. No additional funding is being requested.

Attachments:

1. Resolution No. 2024-56-3536

2. FEMA's HMGP Application Approval Letter

3. Cal OES Notification of Subapplication Approval Letter

Resolution No. 2024-56-3536

RESOLUTION NO. 2024-56-3536

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

ACCEPTANCE AND APPROPRIATION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM IN THE AMOUNT OF $150,000, AND

THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES PREPARE CALIFORNIA MATCH PROGRAM IN THE AMOUNT OF $50,000 FOR THE USE OF

PROJECTS THAT WILL HELP DEVELOP A FEMA APPROVED HAZARD MITIGATION PLAN
WHEREAS, in March of 2023, the California Governor’s Office of Emergency Services (Cal OES) issued a Notice of Funding Opportunity for Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP); and WHEREAS, in March of 2023, the City of Irwindale’s (“City”) City Council adopted Resolution No. 2023-26-3404 allowing the City to designate authorized agents to act on behalf of the City to obtain state and federal financial assistance; and

WHEREAS, in May of 2023, the City’s Community Development Department submitted a HMGP project Notice of Intertest to Cal OES to determine if the proposed project to update the City’s Local Hazard Mitigation Plan (LHMP) would be eligible to receive HMGP funding; and
WHEREAS, in July of 2023, the City submitted HMGP project subapplication to Cal OES in the Amount of $200,000 to update the City’s LHMP; and WHEREAS, in January of 2024, the City was contingently awarded $50,000 from Cal OES to Prepare California Match Program, contingent on City being awarded FEMA HMGP project funds; and
WHEREAS, in May of 2024, the City was awarded $150,000 from FEMA HMGP funding; and
WHEREAS, the City Council desires to accept and appropriate the both the HMGP ($150,000) and Prepare California Match Program ($50,000) funds for the update of the City’s LHMP.

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

Section 1. The foregoing recitals of this Resolution are true and correct.

Section 2. The City Council hereby approves the acceptance and appropriation of FEMA HMGP ($150,000) and Cal OES Prepare California Match Program ($50,000) grant funds to be recorded in both revenues and expenditure accounts of Funds 31 and 35, respectively.

Section 3. The Chief Deputy City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

Resolution No. 2024-56-3536

PASSED, APPROVED AND ADOPTED this 28th day of August 2024. _____________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-56-3536 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 28th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
May 13, 2024
Robyn Fennig, Assistant Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3655 Schriever Avenue
Mather, CA
Reference: Application Approval, HMGP DR-4683-1069-31P
City of Irwindale
City of Irwindale Hazard Mitigation Plan
FIPS Code: 037-36826, Supplement 28
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Irwindale (SubRecipient) HMGP DR-4683-1069-31P, City of Irwindale Hazard Mitigation Plan.

The total project cost is $200,000.00. As shown in the enclosed Obligation Report - Supplement 28, we are obligating $150,000.00 for the 75 percent Federal share; the 25 percent non-Federal share is $50,000.00. We are obligating $10,000.00 for the 100% Federal share Subrecipient Management Costs.

These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Supplement 28 $150,000.00 $50,000.00 $200,000.00
Management Costs $10,000.00 $0.00 $10,000.00
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The City of Irwindale will develop and adopt a FEMA approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current FEMA hazard mitigation plan guidance.

2. Project Completion Date – The work schedule included with the project application indicates that the project will take 36 months to complete; therefore, the project completion date is May 13, 2027. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension. www.fema.gov
Oakland, CA 94607

Robyn Fennig
May 13, 2024

3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) – In compliance with the National Environmental Policy Act (NEPA), this undertaking is categorically excluded (CE) from the need to prepare either an environmental assessment or environmental impact statement.

5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Andrea Harvey, Grants Management Specialist, by email [email protected], or phone (202) 430-4878.

Sincerely,
Digitally signed by KATHRYN J

KATHRYN J LIPIECKI LIPIECKI
Date: 2024.05.13 19:11:06 -07'00'
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):

Obligation Report – Supplement 28
Standard Mitigation Grant (HMGP) Conditions
cc:

Melissa Boudrye, Resilience Branch Chief, California Governor’s Office of Emergency Services Concepcion Chavez, Technical Assistance Division Chief, California Governor’s Office of Emergency Services
Ron Miller, Hazard Mitigation Assistance Division Chief, California Governor’s Office of Emergency Services
Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Ryan Massello, Hazard Mitigation Quality Assurance Division Chief, California Governor’s Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9

31 -P
04/17/2024
9:48 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01

HAZARD MITIGATION GRANT PROGRAM
Obligation
Disaster
No
FEMA
Project No
Amendment
No
State
Application ID
Action
No
Supplemental
No State Recipient
4683 0 1069 1 28 CA Statewide
Subrecipient: Irwindale
Subrecipient FIPS Code: 037-36826
Project Title : 7% City of Irwindale Hazard Mitigation Plan Total Amount
Previously Allocated
$150,000.00
Total Amount
Previously Obligated
$150,000.00
Total Amount
Pending Obligation
$0.00
Total Amount Available
for New Obligation
$0.00
Project Amount
Subrecipient Management
Cost Amount Total Obligation IFMIS Date IFMIS Status FY 04/17/2024 Accept 2024
Comments
Date: 04/16/2024 User Id: SSCOTT39
Comment: Approved funding 4683-1069-31P-City of Irwindale Hazard Mitigation Plan-$150,000.00 Federal Share and $10,000.00 Sub Recipie Management Costs.

Authorization
Preparer Name: STEVEN SCOTT Preparation Date: 04/16/2024 HMO Authorization Name: ANDREA HARVEY HMO Authorization Date: 04/17/2024

$150,000.00 $10,000.00 $160,000.00

Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 1

13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. 2

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
July 3, 2024
Julian A. Miranda
City Manager
Irwindale, City of
5050 North Irwindale Avenue
Irwindale, CA 91706-2133
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP01069, FIPS #037-36826
Supplement #28
Dear Mr. Miranda:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $150,000.00. A copy of the FEMA award package is enclosed for your records.

Your organization’s subaward application has also been approved for $50,000.00 in state funding under the Prepare CA Match program.

In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
 A valid, current (approved within the last 3 years) Governing Body Resolution
 A Project Assurances for Federal Assistance agreement  A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
 A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year.  An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.

For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].

Electronic copies of the post-obligation documents can also be requested at the same address.

Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from the federal share of reimbursement payments and will be released as part of the subaward closeout process.

Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.

When mailing documents to the Recovery Financial Processing Unit, please use the following address:

California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 328-7450.

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
*The Recovery Financial Processing Unit has a valid resolution and Grant Subaward Face Sheet (GSAFS) on file for this project. We now need your organization to complete a GSAFS Amendment form as part of the funding encumbrance/post-obligation document process.

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
July 3, 2024
Julian A. Miranda
City Manager
Irwindale, City of
5050 North Irwindale Avenue
Irwindale, CA 91706-2133
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP01069, FIPS #037-36826
Supplement #28
Dear Mr. Miranda:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $10,000.00 in funding for subrecipient management costs (SRMC).

SRMC are costs incurred while administering a Hazard Mitigation grant subaward.

A copy of FEMA’s letter is enclosed for your records.

Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
May 13, 2024
Robyn Fennig, Assistant Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3655 Schriever Avenue
Mather, CA
Reference: Application Approval, HMGP DR-4683-1069-31P
City of Irwindale
City of Irwindale Hazard Mitigation Plan
FIPS Code: 037-36826, Supplement 28
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Irwindale (SubRecipient) HMGP DR-4683-1069-31P, City of Irwindale Hazard Mitigation Plan.

The total project cost is $200,000.00. As shown in the enclosed Obligation Report - Supplement 28, we are obligating $150,000.00 for the 75 percent Federal share; the 25 percent non-Federal share is $50,000.00. We are obligating $10,000.00 for the 100% Federal share Subrecipient Management Costs.

These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Supplement 28 $150,000.00 $50,000.00 $200,000.00
Management Costs $10,000.00 $0.00 $10,000.00
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The City of Irwindale will develop and adopt a FEMA approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current FEMA hazard mitigation plan guidance.

2. Project Completion Date – The work schedule included with the project application indicates that the project will take 36 months to complete; therefore, the project completion date is May 13, 2027. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension. www.fema.gov
Oakland, CA 94607

RECEIVED
MAY 16 2024

FINANCIAL PROCESSING UNIT

Robyn Fennig
May 13, 2024

3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) – In compliance with the National Environmental Policy Act (NEPA), this undertaking is categorically excluded (CE) from the need to prepare either an environmental assessment or environmental impact statement.

5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Andrea Harvey, Grants Management Specialist, by email [email protected], or phone (202) 430-4878.

Sincerely,
Digitally signed by KATHRYN J

KATHRYN J LIPIECKI LIPIECKI
Date: 2024.05.13 19:11:06 -07'00'
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):

Obligation Report – Supplement 28
Standard Mitigation Grant (HMGP) Conditions
cc:

Melissa Boudrye, Resilience Branch Chief, California Governor’s Office of Emergency Services Concepcion Chavez, Technical Assistance Division Chief, California Governor’s Office of Emergency Services
Ron Miller, Hazard Mitigation Assistance Division Chief, California Governor’s Office of Emergency Services
Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Ryan Massello, Hazard Mitigation Quality Assurance Division Chief, California Governor’s Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9

31 -P
04/17/2024
9:48 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01

HAZARD MITIGATION GRANT PROGRAM
Obligation
Disaster
No
FEMA
Project No
Amendment
No
State
Application ID
Action
No
Supplemental
No State Recipient
4683 0 1069 1 28 CA Statewide
Subrecipient: Irwindale
Subrecipient FIPS Code: 037-36826
Project Title : 7% City of Irwindale Hazard Mitigation Plan Total Amount
Previously Allocated
$150,000.00
Total Amount
Previously Obligated
$150,000.00
Total Amount
Pending Obligation
$0.00
Total Amount Available
for New Obligation
$0.00
Project Amount
Subrecipient Management
Cost Amount Total Obligation IFMIS Date IFMIS Status FY 04/17/2024 Accept 2024
Comments
Date: 04/16/2024 User Id: SSCOTT39
Comment: Approved funding 4683-1069-31P-City of Irwindale Hazard Mitigation Plan-$150,000.00 Federal Share and $10,000.00 Sub Recipie Management Costs.

Authorization
Preparer Name: STEVEN SCOTT Preparation Date: 04/16/2024 HMO Authorization Name: ANDREA HARVEY HMO Authorization Date: 04/17/2024

$150,000.00 $10,000.00 $160,000.00

Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 1

13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. 2

Item #20.N.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Rejection of Claim - Andy Chen v. City of Irwindale City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Andy Chen vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

On June 18, 2024, the City received a claim for damages from claimant Andy Chen. Claimant Chen alleges that the police department did not notify the registered owner of a vehicle when it was released from evidence, and the vehicle was subsequently repossessed.

The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that the City did not impose the fees that the claimant is claiming, and that the fees were to reinstate a contract with the vehicle's lienholder. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None
Attachments:

1. Claim submitted by Andy Chen

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

RECEIVED
JUN 1 8 2024 tf\J J

1. Claims for death, injury to person or to personal property must be filed not later than 6 months after the occurrence.

2. Claims for damages to real property must be filed not later than 1 year after occurrence.

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
~~DV c \.-\(~
Home Addmss of Claimant
~~~s ~!JP of Claimant ~
'f?(lllr-Js/o~ ~ ( "f-.(jl,.,Q..k_,C,c,,1 .. x:r:t<.i> v<O

CITY OF IRWINDALE
CITY Ctr~~~tt~§Pr. Filing Stamp
Claimant's Date of Birth
Claimant's Occupation
Home~lephone Number
Business Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:

When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date: 6/~ h Q ~ Time:

If claim is for Equitabl Indemnity, give date
claimant served with complaint:

Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:
?-o~ (-\L- Cb 0 C. \1. C'S F'::,P.,CQ\..-J _-:~ \'AR\<
Describe in detail how the DAMAGE or INJURY occurred. ___. '\.?> \1--}e J2C05<;1E. a...t;_ o (J · - YL v--JAS N o' iND"W'~c:..S') '\ 'vVNL iLCLE"P.~ 0 F~ fv-'.'.l'O(.--'Cc.. V£\-\3c E~
\>'\) ~ V<.'.\ Y.Sc. l. E -......M.(~""";. ~ '.:>
v\>rS ~ ~o.5 s£.:;en
Why do you claim the City of Irwindale is responsible? cl' ~-z...r.s /\) .(, t/ ( l'f"-. ~~1~(.) C 5--)'l "°'\eiok::'.. V'°l' '>G:C. L( 5t-J. 0 - 1 \~ V{\·~:3-C...L{ ~ .g~ f-:fc~(::P v\(' () ~ y\~ - ,.._,.

What DAMAGE or INJURIES do you claim r~lted? Give full extent of injuries or damage claimed. ~c· ro~-sc.-s~ <-'E.Cs: \S'"°Y?. c:;C>

Claimant's Name:
(f\ t.J0 V\ C. ')-\ t;r..J
State the ambunt which you are claiming as of the date of presentation of this claim. Give basis of computation . )\ \zfqi ·z, . ~ . c
~(/
Give estimated amount of future losses due to INJURY or DAMAGE:
:;v ' =, ·, :,j ~. : i .~ --~ i.

Was damage and/or injury investigated by the police? If yes, what City? Were paramedics or ambulance called? If yes, name City or ambulance If injured, give name and address of your doctor and the date and time of your first visit:

Doctors and Hospitals:

Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List alt persons and addresses of persons known to have information:

Name Address Phone
Name Address Phone

READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street comers.

If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1". Mark the point of impact with an "X". Note:

If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J ~~!~/~I LJ lndicatQ
North
71\\ II
imant {if other ~ thana aii~mant · · te relationship) Typed Name B /) !/ . 5' (/ ~ &1111//jcw 5u
Date
b/; rlzcz
d with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72)

. . ( [' . Co Ql-\ LL·\
NOTICE OF STORED VEHICLE (22852 CVC) --·

REPORTING DEPARTMENT

LOCATION TOWED I STOLEN FROM
0 STORED
! LOCATION CODE DATE I TIME OF REPORT NOTICE OF STORED VEHICLE ! DELIVERED PERSONALLY
I D ODOMETER READING VIN CLEAR IN SVS? [j YES 0 NO
L1C. CLEAR IN SVS? D YES 0 NO I BODY TYPE COLOR
ENGINE NO.

I I I
L
0 IMPOUNDED 0 RELEASED

TOWING I STORAGE CONCERN (NAME, ADDRESS, PHONE)
.·· · .. ·

REASON FOR STOP
NOTE: CHP 180 !S FURNISHED TO Al.L PEACE

OFFICERS BY THE CALIFORNIA HIGHWAY PATROL
STATE
VALUATION BY 0 -'0FFICER D OWNER
0-soo o so1--1000 O. 4001 + O s
_J
0 RECOVERED ·VEHICLE I COMPONENT
j STORAGE AUTHORITY I REASON
I !AIRBAG?
LJ YES ONO 0 1 02
I DRIVEABLE?
0 ' YES 0 NO D JUNK DUNK
1 1
VIN SWITCHED?
10 YES ONO
CONDlTION YES NO I ITEMS YES NO ITEMS YES NO ITEMS YES NO TIRES I WHEELS CONDITION 'l'/RECKED · ! SEAT (FRONn . REGISTRATION CAMPER LEFT FRONT , BURNED HULK per 431 (c) eve i . I SEAT (REAR) ALT. I GENERATOR VESSEL AS LOAD .... ' RIGHT FRONT VANDALIZED ... · jRAD!O BATTERY FIREARMS LEFT REAR
ENG. I TRANS. STRIP ! !TAPEDECK I DIFFERENTIAL ... OTHER RIGHT REAR MISC. PARTS STRIP • jTAPES ·•' TRANSMISSION I .. SPARE
BOOY METAL STRIP i j OTHER RADIO . , AUTOMATIC .. HUBCAPS SURGICAL STRIP per 431 lb) CVci i . \ IGNITION KEY MANUAL --· SPECIAL WHEELS I RELEASE VEHICLE TO: D RIO OR AGENT LJ AGENCY HOLD D 22aso.3 eve GARAGE PRINCIPAL I AGENT STORING VEHICLE (SIGNATURE) I DATE/TIME \
- NAME OF PERSON I AGENCY AUTHORIZING RELEASE !LO.NO. DATE CERTIFICATION: I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT I AM LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESSION OF THE ABOVE DESCRIBED VEHICLE.

SIGNATURE OF PERSON AUTHORIZING RELEASE SIGNATURE OF PERSON TAKING POSSESSION

SEE REVERSE FOR INFORMATION
- ·-- .··. ·.'.';, • . » ·

' ' .t\CCOUNT NUMBER:

REDEMPTION
To REDEEM the Vehicle you must pay the folbwing amounts directly to LFS at the address shown on page 1 (and the amounts owed to third parties set forth below) at any time prior to the sale of the Vehicle. ~N:

REINSTATEMENT · .

To REINSTATE your contract you must pay the following amounts directly to LFS at the address shown on page 1 (and the amounts owed to third parties setforth below) on or before 07/02/2024 Unpaid Gross Balance under your contract
(includes any accrued and unpaid finance charges) $ 25,683.75 lnstallment(s) past due $ 0.00 Unpaid Late Charges $ 36.64 Unpaid Late Charges $ 36.64 ------ Repossession Costs $ 740.00 Repossession Costs $ 740 oo~·­ $ 802.50 .... -
------ Impound Fees $ 802.50 Impound Fees ------ TOTAL AMOUNT DUE TO LFS TO TOTAL AMOUNT DUE TO LFS TO REDEEM AS OF 06/12/2024 $ 27,262.89 REINSTATE AS OF __ 06_1_12_12_0_2_4 __ $ 1,579.14 -------- Less: Refund of unearned finance charges Less: Estimated refund of unearned
insurance premiums/costs•
$ 0.00
$ 0.00
*This amount is the estimated pro rata refund for any Guaranteed Auto Protection and/or Credit Life & Disability product(s) you purchased as of the date of this notice based on the date of repossession. The actual amount of any refund will be determined after we submit a reqµest to cancel the product(s} and obtain a refund from any third-party provider.

Any refund that we receive will either be applied to the amount you owe or refunded to you within 60 business days after the Vehicle is redeemed by you or sold.

To REDEEM the Vehicle you must ALSO pay the following amounts directly to the third parties Identified below:

Holding/Storage fees at the daily rate of
06/10/2024
Payable to; RAA ·Manheim Riverside
Address: 6446 Freemon! Street
Riverside CA 92504
Phone: (951) 689-6000
$ 10.00 beginning on
PLUS pay the following payments or expenses to LFS that become due or are incurred before you reinstate your contract:

Monthly installment due on 0613012024 $ 732 .74
If a late charge is assessed on the next monthly installment above, LFS will not require you to pay the late charge as a condition to reinstate your contract. However, the late charge will be added to your next billing statement, if applicable.

To REINSTATE your contract you must ALSO pay the following amounts directly to the third parties identified below:

Holding/Storage fees at the daily rate of
06/1012024
Payable to: RAA- Manheim Riverside
Address: 6446 Freemon! Street
Riverside CA 92504
Phone: (951) 689-6000
$ 10.00 beginning on -----
Fee for report of repossession $15.00 Fee for report of repossession $15.00 Payable to: Baldwin Park Ca Police Department
Address: 14403 Pacific Avenue
Baldwin Park CA 91706
Phone: (626) 960-1955
------ Payable to: Baldwin Park Ca Police Department
Address: 14403 Pacific Avenue
Baldwin Park CA 91706
Phone: (626) 960-1955
If you do not reinstate/redeem, additional charges related to the transportation and sale of the vehicle will apply.

Upon written request, either personally served or sent first class mail, postage prepaid, or certified mail, return receipt requested, to LFS at the address on page 1, we will furnish a written accounting regarding the disposition of the Vehlcle. Upon the disposition of the Vehicle, you will be liable for the deficiency balance plus interest at the contract rate, or at the legal rate of interest pursuant to Cal. Civil Code Section 3289 if there is no contract rate of interest, from the date of disposition of the Vehicle to the date of entry of judgement. However, we do not charge prejudgement interest on the deficiency balanced owed.

NOTICE: YOU MAY BE SUBJECT TO SUIT AND LIABILITY IF THE AMOUNT OBTAINED UPON DISPOSITION OF THE VEHICLE IS INSUFFICIENT TO PAY THE CONTRACT BALANCE AND ANY OTHER AMOUNTS DUE.

I II 1~11111111111111 H 4015CA (05111/2024)
Pa~e 2of3

Item #20.O.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 with California Consulting, Inc. for Grant Writing Management Services City Manager's Recommendation:

That the City Council approve Amendment No. 1 to the Professional Services Agreement with California Consulting, Inc. for a three (3) year(s) term for grant writing management services.

Administrative Action:

Submitted / Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The City has contracted with California Consulting for two years, and desires to continue this service for an additional three (3) years, including September 1, 2024 – August 31, 2025, September 1, 2025 – August 31, 2026, and September 1, 2026 – August 31, 2027. California Consulting provides

comprehensive grant writing, management and evaluation services for many municipalities and school districts throughout the State of California. The process begins with a comprehensive Needs Assessment, where the Consultant’s staff meets with City staff to identify high priority funding areas. A team of grant writing professionals will then identify and apply for funding opportunities that meet those needs. The City staff works hand in hand with the consultant to provide the necessary data needed to complete and submit for competitive grant applications on behalf of the City.

As the community needs increase and viable revenue sources decrease, it has become more important to capture alternative funding sources. Based on discussions with California Consulting and a cursory review of their weekly grant opportunities list, there are numerous grant possibilities for the City of Irwindale, depending on eligibility. During FY 2023-2024, the City applied for several grants and was successful in securing $461,458, (Attachment “A”) in grant funding. For FY 2024-2025, staff will be seeking grant opportunities for the Civic Center (Exterior Improvement Project), the Public Library Improvement Project, Cybersecurity, Public Safety, and Electrical Vehicle Charging Stations.

The City of Irwindale will benefit from utilizing California Consulting in the following ways:

1. Prioritization of projects in need of grant funding;

2. Expertise in applying for various grant opportunities (Federal, State, County and Private Foundation(s)); and

3. Assistance in the long-term development of an effective grant-writing program.

California Consulting will provide monthly reports to the City, which will include grants in progress, grants submitted, grants pending, and grants awarded. In addition, they will provide the City with a monthly email list of current and upcoming grant opportunities specific to our needs.

Staff is requesting the City Council to consider Amendment No. 1 in order to allow the City to continue benefiting from California Consulting expertise in finding and securing grant opportunities. The original agreement included a monthly fee of $4,500 for services rendered plus $300 for out-of-pocket expenses for a total amount not-to-exceed $57,600. They are now proposing to increase the monthly service fee by $500 from $4,500 to $5,000. Staff negotiated the following three (3) year term and monthly service fee amount:
• September 1, 2024 – August 31, 2025 $4,700/month ($56,400 annually) • September 1, 2025 – August 31, 2026 $4,900/month ($58,800 annually) • September 1, 2026 – August 31, 2027 $5,000/month ($60,000 annually) Fiscal Impact:

Fiscal Year 2024-2025 Adopted budget included $54,000 for the said service, however, with the suggested fee increase, the total service cost now will be $56,000 ($4,500 for July and August, and $4,700 from September to June.) Sufficient funding is available, and no additional amount is being requested.

Attachments:

1. Attachment "A"

2. California Consulting, Inc. Amendment No. 1

Attachment “A”
FY 2023-2024 Grant Applications

AGENCY GRANT DEPT AMOUNT DATE

SUBMITTED
STATUS
CalOES Hazard Mitigation
Grant Program –
Prepare CA Match
Community
Development
$150,000 August 4, 2023 AWARDED
CalOES Prepare California
Match Program –
community
Hardening Initiative
AB 128 Budget Act
of 2021
Community
Development
$50,000 August 4, 2023 AWARDED
Department of
Transportation (DOT)
Transit Oriented
Development (TOD)
Planning Grant
Program
Transportation $4,259,000 October 10,
2023

PENDING
(Funding on
Hold)
California Natural
Resources Agency
(CNRA)
Urban Greening
Grant Program
Community
Development $1,440,862 November 20, 2023

PENDING
(Funding on
Hold)
CalTrans
Sustainable
Transportation Grant
for Irwindale’s
Infrastructure
Adaptation Project to
Address Local
Climate
Vulnerabilities and
Multimodal
Deficiencies
Community
Development $1,212,750 January 18, 2024 PENDING
California Office of
Traffic Safety
Selective Traffic
Enforcement
Program (STEP -
Formula)
Traffic Records
Improvement Project
(TRIP - Competitive)
Police $235,000 January 31,
2024 AWARDED
Department of
Transportation (DOT)
Rebuilding American
Infrastructure with
Sustainability and
Equity (RAISE)
Community
Development $5,000,000 February 28, 2024 PENDING
Board of State and
Community Corrections
(BSCC)
Edward Byrne State
Crisis Intervention
(SCIP) Grant
Program
Police $26,458 April 5, 2024 AWARDED

AGENCY GRANT DEPT AMOUNT DATE

SUBMITTED
STATUS
CalOES Hazard Mitigation
Grant Program –
Prepare CA Match
Community
Development
$150,000 August 4, 2023 AWARDED
CalOES Prepare California
Match Program –
community
Hardening Initiative
AB 128 Budget Act
of 2021
Community
Development
$50,000 August 4, 2023 AWARDED
Governor’s Office of
Planning and Research
(OPR)
Extreme Heat and
Community
Resilience Program
(EHCRP)
Community
Development $450,000 May 6, 2024 PENDING

- 1 -
01005.0001/1010163.1
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR GRANT

WRITING, MANAGEMENT AND EVALUATION SERVICES
This AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR INVESTIGATIVE SERVICES (“Amendment No. 1”) by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and CALIFORNIA CONSULTING, INC., a California corporation (“Consultant”) is effective as of the 28th day of August 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated August 23, 2023 (“Agreement”) whereby Consultant agreed to provide services (“Services”) to the City.

B. The City has contracted with Consultant for two years to provide comprehensive grant writing, management and evaluation services.

C. By this Amendment No. 1, City and Consultant now desire to amend the Agreement to extend the term for three (3) years until August 31, 2027 and increase the Contract Sum to a not-to-exceed maximum of Two Hundred Thirty Two Thousand Eight Hundred ($232,800.00).

TERMS

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

A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:
“For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the " Schedule of Compensation" attached hereto as Exhibit “C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Thirty Two Thousand Eight Hundred ($232,800.00) Fifty-Seven Thousand Six Hundred Dollars and No Cent ($ 57,600.00) (“Contract Sum").” B. Section 3.4 Term, is hereby amended to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until the completion of the services but not to exceed August 31, 2027 exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit " D").”
C. Exhibit “C” entitled “Schedule of Compensation” shall be revised by substituting the new Exhibit “C” attached to this Amendment No. 1.

- 2 -
01005.0001/1010163.1

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

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

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

- 3 -
01005.0001/1010163.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

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

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

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

California Consulting, Inc., a California corporation
By:

Name: Steven N. Samuelian
Title: Chief Executive Officer
By:

Name: Steven N. Samuelian
Title: Secretary
Address: 214 Main Street, Suite 102
El Segundo, CA 90245
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

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

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

01005.0001/1010163.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01005.0001/1010163.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01005.0001/1010163.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Based on the Tasks A through K as described in Section I of Exhibit " A", Consultant shall perform the Services for a the following fixed rates of Four Thousand Five Hundred dollars 4,500.00) per month, irrespective of the number of hours that Consultant actually spends providing said services:

A. September 1, 2024 – August 31, 2025 $4,700/month ($56,400 annually) B. September 1, 2025 – August 31, 2026 $4,900/month ($58,800 annually) C. September 1, 2026 – August 31, 2027 $5,000/month ($60,000 annually) II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

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

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

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

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services
III. The City agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the City in an amount not-to-exceed Three Hundred Dollars ($300) per month. Such expenses typically might include but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide City with a receipt and a description of the expense with the invoice.

IV. The total maximum compensation for Services during the twelve (12) month term shall not exceed Two Hundred Thirty Two Thousand Eight Hundred ($232,800.00) Fifty-Seven Thousand Six Hundred Dollars and No Cent ($57, 600.00), as provided in Section 2. 1 of this Agreement, which includes the monthly fixed rates for the Services as specified in Section I above and maximum amount of monthly expenses as specified in Section III above.

Item #20.P.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Project Acceptance of Traffic Signal Modification Project at Arrow Highway and Vincent Avenue P-980
City Manager's Recommendation:

That the City Council (1) ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue P-980; (2) approve the final construction project amount of $90,900.00 under the construction contract with MSL Electric Inc.; (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the construction project, and make any final project related transactions.

Administrative Action:

Submitted by:

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

Francisco Carrillo,
Construction Compliance Manager
Eddie Chan,
Director of Engineering/ Building Official
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On May 10, 2023, the City approved an agreement between the City of Irwindale and Los Angeles County for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue P-980 (“Project”) and authorized staff to proceed with the construction of improvements. The estimated cost was $177,000.00, which covered design, construction, inspection, and administration costs for the entire project.

The intersection of Arrow Highway and Vincent Avenue is under the shared jurisdiction of the City of Irwindale (50%), the City of Azusa (25%), and the County of Los Angeles (25%).

Consequently, the City Council approved a Cooperative Agreement between the City of Irwindale, the City of Azusa, and the County of Los Angeles to facilitate cost-sharing based on each agency’s jurisdictional responsibility for the Project.

This Project was planned to utilize the City’s Traffic Signal Contractor, Santa Fe Springs Traffic Signal Maintenance Division (“Santa Fe Springs”), to carry out the work under the City’s current extraordinary maintenance agreement. Additionally, an electrical contractor would be retained to handle the aspects of the project beyond Santa Fe Springs' expertise.

On July 26, 2023, the City Council awarded the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue P-980 to MSL Electric Inc. (“MSL”) in the amount of $90,000.00, plus a 20% contingency in the amount of $18,000.00 for a total of $108,000.00.

This project has been successfully completed in accordance with the approved plans and specifications. The final costs for the MSL’s construction contract, including the additional bonding cost that the contractor had to secure for the project, is $90,900.00, which is $17,100.00 less than the amount authorized by the City Council for this contract. Staff recommends that the City Council ratify this change in the contract amount due to the additional bonding cost incurred by the contractor.

The Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue P-980 has been completed in accordance with the approved plans and specifications. The total project cost is $156,762.11, which is $20,237.89 less than the estimated amount of $177,000.00.

Below is the breakdown of the total project cost:

Item
No. Items Unit Qty Unit Cost Amount

A PRELIMINARY ENGINEERING AND

FINAL DESIGN

Preliminary Engineering and Final
Design by LA County
LS 1 $17,800.00 $ 17,800.00
Subtotal (A) $17,800.00

B CONSTRUCTION COST
MSL Cost per Contract Agreement,
plus $900.00 for Bonds
LS 1 $90,900.00 $90,900.00
Santa Fe Springs time and material
cost under the Extraordinary
Maintenance Agreement with
Irwindale.

LS 1 $28,577.11 $28,577.11
Subtotal (B) $119,477.11

C CONSTRUCTION INSPECTION
Construction Inspection by FCG,
under the As-Needed Inspection
Services Agreement with Irwindale.

Hr 51 $147.79 $7,537.29
Subtotal (C) $7,537.29

D CONSTRUCTION

ADMINISTRATION
Performed by the City of Irwindale
Public Works Engineering
10% of [Item B] $11,947.71
Subtotal (D) $11,947.71
Σ [A+B+C+D] = Total $156,762.11
City of Irwindale 50% $78,381.05
City of Azusa 25% $39,190.53
LA County 25% $39,190.53
The City of Azusa deposited its jurisdictional fair share cost for this project in the amount of $44,250.00, representing 25% of the estimated $177,000.00 project cost. After determining the final cost, Azusa’s share is $39,190.53. Therefore, $5,059.47 will be refunded to the City of Azusa upon acceptance of this project.

The County of Los Angeles’ share is $39,190.53, reduced by $17,800.00 for Preliminary Engineering and Final Design costs that the LA County had already advanced. After determining the final cost, LA County’s share is $21,390.53, which has been invoiced to LA County and is currently pending payment.

The Project is now complete, and staff recommends that the City Council accept the improvements and assume maintenance responsibility for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue. Staff also recommends that the City Council authorize the City Clerk to record the Notice of Completion and authorize the Finance Director to release the 5% retention amount to MSL Electric, Inc., and make any related transactions regarding final payments between the City, Azusa, and County.

Fiscal Impact:

Sufficient funding is available in the Public Works Engineering budget to cover all the remaining items for this project.

Attachments:

1. 08-28-2024 Acceptance of Traffic Signal Modification Project at Arrow & Vincent (P-980) - NOC

RECORDING REQUESTED BY: /

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

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: CITY OF IRWINDALE TRAFFIC SIGNAL MODIFICATIONS PROJECT AT ARROW HIGHWAY AND VINCENT AVENUE (P-980).

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

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

4. On the 28th day of AUGUST 2024, there was completed upon the hereinafter-described real property the following work: TRAFFIC SIGNAL MODIFICATIONS PROJECT AT ARROW HIGHWAY AND VINCENT AVENUE (P-980).

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

6. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: CITY OF IRWINDALE INTERSECTION OF ARROW HIGHWAY AND VINCENT AVENUE.

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

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

IRWINDALE CITY COUNCIL CHAMBERS JULY 24, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 11:16 P.M.

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

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola;
Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 28A MINUTES OF THE MEETING HELD JUNE 26, 2024 (Joint Minutes MINUTES OF THE of the Special and Regular Council Meeting and the Regular MEETING HELD Successor Agency and Housing Authority Meeting) JUNE 26, 2024
The minutes were approved.

ITEM NO. 28B INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING JUNE 30, 2024 (Joint for all agencies)

QUARTERLY REPORT
FOR FISCAL QUARTER The Investment Quarterly Report for Fiscal Quarter ending June 30, ENDING JUNE 30, 2024 2024, were approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
FRED BARBOSA Fred Barbosa asked whether Five Points is in violation of their specific plan and, if so, whether code enforcement action would be taken against them.

SUCCESSOR AGENCY MINUTES JULY 24, 2024
REGULAR MEETING PAGE 2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 11:18 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Successor Agency
Reference
Number Vendor Name Date Amount
WFB-31 2006 TA Ref Prty Bd 7/3/2024 1,810,407.50
WFB-32 2014 TA Rfdg Pty Bd 7/3/2024 785,000.00
WFB-33 2005 Txble Hsg TA Prty Bd 7/3/2024 1,591,591.00
WFB-34 2014 Txble Hsg TA 7/3/2024 288,721.88
Report Total: 4,475,720.38
Electronic Payments
July 2024
July 1 - 31, 2024

City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
6,450.00
Check Date Check Amount
102270 USBANK03 US Bank Trust N.A. 07/25/2024 6,450.00
Accounts Payable
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name
Report Total (1 checks):

City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Report Total (1 checks): 500.00
Check Date Check Amount
102421 WILLDAN Willdan Financial Services 08/15/2024 500.00 Accounts Payable
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name

IRWINDALE CITY COUNCIL CHAMBERS JULY 24, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 11:18 P.M.

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

ROLL CALL: Present: Board Members Mark A. Breceda; Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Larry G. Burrola; Chair Albert F. Ambriz Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

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

ITEM NO. 34A MINUTES OF THE MEETING HELD JUNE 26, 2024 (Joint Minutes MINUTES OF THE of the Special and Regular Council Meeting and the Regular MEETING HELD Successor Agency and Housing Authority Meeting) JUNE 26, 2024
The minutes were approved.

ITEM NO. 34B INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING JUNE 30, 2024 (Joint for all agencies)

QUARTERLY REPORT
FOR FISCAL QUARTER The Investment Quarterly Report for Fiscal Quarter ending June 30, ENDING JUNE 30, 2024 2024, were approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
DENA ZEPEDA Dena Zepeda requested that housing matters be discussed at community workshops rather than at the meetings of the Housing Authority.

NEW BUSINESS
ITEM NO. 36A PRESENTATION ON POLICY CHANGE REGARDING THE

PRESENTATION ON REGULATORY AGREEMENT FOR THE SUBSTANTIAL HOME

POLICY CHANGE REHABILITATION LOAN & FIRST TIME HOMEBUYER PROGRAMS

HOUSING AUTHORITY MINUTES JULY 24, 2024
REGULAR MEETING PAGE 2

REGARDING THE

REGULATORY

AGREEMENT FOR

THE SUBSTANTIAL

HOME REHAB LOAN
& FIRST TIME

HOMEBUYER

PROGRAMS
HOUSING Housing Coordinator Lopez presented the staff report.

COORDINATOR
LOPEZ
DENA ZEPEDA Dena Zepeda expressed her preference for option 2 as delineated in the presentation.

RUTH QUEJIA Ruth Quejia spoke on the difficulties that the Aguayo family has experienced during their efforts to sell their home, which has an active covenant on it.

FRED BARBOSA Fred Barbosa questioned the fairness of the program requirements.

VICE CHAIR BURROLA Vice Chair Burrola expressed his encouragement in that the California Department of Housing and Community Development (“HCD”) has reviewed the City’s housing program policies and only found two issues. He noted that the City is striving to follow all laws and expressed his preference for approving option 2 from the presentation so that homeowners receive more of the proceeds from the sale of their homes.

COORDINATOR LOPEZ Coordinator Lopez stated that the recommendation to “open a case” with HCD would be done with the intent of receiving a letter of support from the agency which would essentially confirm that the City is taking the right path. He noted that the agreement that the Aguayo family has with the City already includes a mechanism by which they could sell their home, though a sale of the property at a market-rate price would not be allowed.

BOARD MEMBER Board Member Breceda stated that he is in favor opening a case with BRECEDA HCD and reminded staff of the Board’s previous request to work with a housing consultant apart from RSG.

Responding to a question by Board Member Breceda, Coordinator Lopez advised that he could ask HCD staff about a timeline for their review of the program policy and, hopefully, when they would submit a letter of support.

HOUSING AUTHORITY MINUTES JULY 24, 2024
REGULAR MEETING PAGE 3
Board Member Breceda expressed concern over the repercussions with other homeowners / program participants should the Aguayo family be permitted to sell their home
CHAIR AMBRIZ Chair Ambriz expressed hesitation in seeking further input from the HCD since he felt it would erode local authority, to which Coordinator Lopez advised that the HCD would take notice should the City’s number of affordable units were to drop.

BOARD MEMBER Board Member Breceda stated that he would rather obtain HCD’s BRECEDA input rather than risk going against law.

EXECUTIVE DIRECTOR Executive Director Miranda noted that the HCD essentially serves as MIRANDA a watchdog to ensure the proper disbursement of low and moderate Funds. He added that the contact that Coordinator Lopez has had with the HCD has so far been favorable.

BOARD MEMBER Board Member Breceda stated that he agrees with the need to retain BRECEDA local control, but that there are certain matters that the state has superseding control.

COORDINATOR Coordinator Lopez noted that low and mod funds have restrictions on LOPEZ how they are used.

VICE CHAIR BURROLA Vice Chair Burrola stated his belief that proceeding without the express input from the HCD would potentially cause more issues down the road, which he does not want to risk.

BOARD MEMBER Board Member Ortiz asked how the information presented tonight was ORTIZ compiled, to which Coordinator Lopez indicated that option 1 is what is included in the program agreement, and that staff created option 2.

He added that the letter to be requested from HCD would address the issue with the substantial rehabilitation program, though this would probably serve as a bridge for the first-time homebuyer program also.

Board Member Ortiz stated that it seems that the Council has consensus to pursue option 2, though he requested to hear from members of the public before deciding.

RUTH QUEJIA Ruth Quejia stated her belief that the HCD contact information should have been included in the City’s housing program documents and stated that her clients, the Aguayo family, would accept the penalties if allowed to sell the home under the restrictions outlined in their agreement.

DENA ZEPEDA Dena Zepeda stated that she has expressed concerns over housing programs for years but that the Board has not offered any solutions, which Chair Ambriz disagreed with.

HOUSING AUTHORITY MINUTES JULY 24, 2024
REGULAR MEETING PAGE 4
BOARD MEMBER Board Member Breceda spoke about his desire to move quickly to BRECEDA address the Aguayo family’s concerns, though he noted that the best option would likely require additional time.

EXECUTIVE DIRECTOR Executive Director Miranda noted that whichever decision the Board MIRANDA makes would be applied across the board to all program participants.

He cautioned the Board about potentially acting without further input from the HCD, especially since the comments received from HCD so far have been favorable.

BOARD MEMBER Board Member Garcia stated his belief that option 2 seems to be the GARCIA best and suggested that, should the Aguayo family wish to proceed immediately, the Board should give them permission per the terms of their agreement.

CHAIR AMBRIZ Responding to a question by Chair Ambriz, General Counsel Guerra recommended going through the process to gain their support. He stated that the HCD’s willingness to fully analyze the situation and provide guidance would be beneficial if the City is ever challenged.

Regarding the Aguayo family, General Counsel Guerra noted that their issues is not on the agenda tonight for action but suggested that a policy be developed that is fair to all program participants, not just the Aguayo family.

VICE CHAIR BURROLA Vice Chair Burrola stated that he was uncomfortable with opening a case with HCD.

CHAIR AMBRIZ Responding to a question by Chair Ambriz, Executive Director Miranda reiterated that the decision on how to proceed lies with the Board, though he cautioned against acting without further input from the HCD.

Chair Ambriz asked how long it would take the HCD to provide input, to which Coordinator Lopez stated that he could call and ask.

DENA ZEPEDA In response to a question by Dena Zepeda, General Counsel Guerra stated that, should the Board direct staff to move forward with option 2, staff would prepare a policy for discussion at the next meeting, while simultaneously write to the HCD to seek their input.

BOARD MEMBER Board Member Breceda asked whether staff would also ask HCD BRECEDA about the existing 45-year covenant, to which General Counsel Guerra said that staff would explain exactly what the Board wishes to accomplish. Also, with the Board’s consent, staff would work on an amendment to the agreement so that, should the Board approve it, staff could immediately prepare the documents to proceed with the sale of the Aguayo property.

HOUSING AUTHORITY MINUTES JULY 24, 2024
REGULAR MEETING PAGE 5
MOTION A motion was made by Vice Chair Burrola, seconded by Board Member Breceda, to direct staff to prepare a policy incorporating option 2 and direct staff to immediately reach out to HCD to request their letter of support in utilizing option 2, and for the draft policy be returned to the Board for consideration at its August 28 meeting, where an update on communication with HCD could be provided. The motion was unanimously approved.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 12:08 a.m., July 25.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary