Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 02-06 FOR RELIANCE I QUARRY AND
RELIANCE II LANDFILL BY AND BETWEEN THE CITY OF IRWINDALE AND CALMAT CO., A DELAWARE CORPORATION, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION; LOCATED AT 15990 FOOTHILL BOULEVARD, IRWINDALE, CALIFORNIA”
ATTACHMENTS
Exhibit A: Resolution No. 830(24) with attendant Exhibit Exhibit B: Resolution No. 831(24) with attendant Exhibit Exhibit C: Resolution No. 832(24) with attendant Exhibit
AMENDMENT NO. 1
TO DEVELOPMENT AGREEMENT
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT(" Amendment No. 1 ") is entered into as of 202 _, by and between Martin Marietta Southern California Aggregates, LLC, a Delaware limited liability company, fonnerly Hanson Aggregates West, Inc., a Delaware corporation ("Hanson"), and as of October 1, 2021 a wholly owned subsidiary of Martin Marietta Materials, Inc. ("Martin Marietta"), and the City of Irwindale (the "City"), a California municipal corporation (collectively, the "Parties"), with reference to the following facts:
RECITALS
A. On January 3, 2006, the City and Hanson entered into the agreement entitled "Development Agreement" ("Agreement") to govern the development of parcels identified in Exhibit A in the Agreement described as: (1) Plant Parcel; (2) Reclamation Parcel; (3) Green Parcel; (4) Peck Parcel; (5) Southwest Corner Parcel; and (6) Lake Parcel (collectively the "Site").
B. In Sections 2. 7 and 11.4 of the Agreement, which sections are entitled "Commercial Filling Operations" and "Reclamation Incentives/Penalties", respectively, the Parties agreed to a prioritization system to fill pits that have been mined and are ready for reclamation.
C. The intent behind the "Commercial Filling Operations" section was to establish an organized and systematic approach to filling the various pits throughout the City of Irwindale to ensure that sufficient fill material could be dedicated to each site to timely ensure completion thereof rather than have a piecemeal approach without any deadlines or a cohesive strategy such that pits may not consistently receive sufficient fill material and, therefore, could take much longer to complete.
D. Since the Effective Date of the Agreement, various pits in the City of Irwindale have successfully been filled and are now in the process of development E. As a result of the successful completion of filling various pits, the need for the prioritization schedule and the City's fill program is no longer required as there is now sufficient fill material to complete the filling of the remaining pits without the necessity of the structured prioritization approach.
F. Section 11.4 of the Agreement, among others, establishes requirements and obligations should the prioritization system be terminated.
G. Accordingly, the Parties now desire to amend the Agreement to tenninate the requirement for prioritization of filling activities and trigger the application of post-priority provisions in the Agreement. The Parties also desire to update the Agreement to reflect a change in corporate status.
TERMS
01005.0020/9703561
EXHIBIT "A" TO PC RESOLUTION NO. 830(24)
1. Amendments to Agreement. The Agreement is amended as provided herein:
a. Section 2. 7 of the Agreement, entitled "Commercial Filling Operations" is hereby amended by adding the following sentence to the end of the current provision:
"As of the date of Amendment No. 1, the priority system described in this Section is hereby dissolved and terminated and, as a result, commercial filling operations are permitted on the Site.
The Parties shall thereafter comply with the post-priority requirements and obligations set forth in of the Agreement including, but not limited to, Section 11.4." b. Section 1.3 of the Agreement, entitled "Interest and Representation of Hanson", is hereby amended to include the following new subdivision (k.):
(k) Subsequent to the Agreement, Hanson Aggregates West, Inc. was converted to a limited liability company and later changed its name to Hanson Aggregates, LLC, which (i) on October 1, 2021 became a wholly owned subsidiary of Martin Marietta Materials, Inc. and (ii) later changed its name to Martin Marietta Southern California Aggregates, LLC.
c. Section 17.3 of the Agreement, entitled "Notices Demands and Communications Between the Parties", is hereby amended as follows:
Notices, demands, submission of documents, and communications between City and Hanson shall be given either by personal service, delivery by courier, or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the addresses provided below.
CITY:
A copy to:
CITY OF IRWINDALE
5050 North Irwindale Avenue
Irwindale, CA 91706
Telecopier No. (626) 962-4209
Attn: City Manager
ALESIIlRE & WYNDER, LLP
1 Park Plaza Suite 1000
Irvine, California, 92614
Phone: (949) 223-1170
E-mail: [email protected]
Attn: Adrian Guerra, Esq.
DEVELOPER: MARTIN MARIETTA SOUTHERN CALIFORNIA AGGREGATES, LLC
0 I 005 .0020/970356.2
4123 Parklake Avenue
Raleigh, North Carolina, 27612
Attn: General Counsel
A copy to: Martin Marietta Materials, Inc.
4123 Parklake A venue
Raleigh, North Carolina, 27612
Attn: General Counsel
Martin Marietta Materials, Inc.
Irwindale Plant
13350 Live Oak Avenue
Irwindale, California 91706
Attn:PlantManager
2. Continuing Effect of Agreement. Except as amended by this Amendment No. l, all provisions of the Agreement, as amended by Amendment No. 1, 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 Amendment No. l.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Hanson each ratify and reaf each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warants 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 curently an effective, valid, and binding obligation.
4. Adequate Consideration. The Parties hereto irrevocably stipulate and agre 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. l, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound and should be read and construed in a manner which would not conflict with other agreements or contract amendments entered into or intended to be entered into by the Parties for the purposes referenced in the Recitals above. [SIGNATURES ON FOLLOWING PAGE]
01()()5 0020/9703562
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. I on the date and year first-above written.
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
APP VEDAS TO FO
tfl
0105 .0020/970356.2
CITY:
CITY OF IRWINDALE,
a California municipal corporation
__ __ _ Ma or
MARTIN MARIETTA:
MARTIN MARIETTA SOUTHERN
CALIFORNIA AGGREGATES, LLC., a
Delaware ,,._.on �
By: �J �
Name: Abbott Lawrence
Title: West Division President
PC Resolution No. 831(24)
Amendment No. 1 to Development Agreement No. 01-06 (Durbin)
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Marilyn Simpson, AICP, Secretary
AMENDMENT NO. 1
TO DEVELOPMENT AGREEMENT FOR DURBIN QUARRY
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT FOR DURBIN QUARRY ("Amendment No. 1") is entered into as of July_ 2023, by and between CALMAT CO., a Delaware corporation, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION ("Vulcan") and the City of Irwindale (the "City"), a California municipal corporation (collectively, the "Parties"), with reference to the following facts:
RECITALS
A. On September 24, 2008, the City and Vulcan entered into that agreement entitled "Development Agreement for Durbin Quarry" ("Agreement") to govern the development of an active mining quarry known as Durbin Quarry.
B. In Section 7 .2 of the Agreement, which section is entitled "Commencement Date/Prioritization of Fill", the Parties agreed to a prioritization system to fill pits that have been mined and are ready for reclamation.
C. The intent behind the "Commencement Date/Prioritization of Fill" section was to establish an organized and systematic approach to filling the various pits throughout the City of Irwindale to ensure that sufficient fill material could be dedicated to each site to timely ensure completion thereof rather than have a piecemeal approach without any deadlines or a cohesive strategy such that pits may not consistently receive sufficient fill material and, therefore, could take much longer to complete.
D. Since the Effective Date of the Agreement, various pits in the City of Irwindale have successfully been filled and are now in the process of development.
E. As a result of the successful completion of filling various pits, the need for the prioritization schedule established in Section 7 .2 of the Agreement is no longer required as there is now sufficient fill material to complete the filling of the remaining pits without the necessity of the structured prioritization approach.
F. Accordingly, the Parties now desire to terminate Section 7.2 of the Agreement and thereby terminate the requirement for prioritization of filling activities.
TERMS
1. Amendments to Agreement. The Agreement is amended as provided herein:
a. Section 7.2 of the Agreement, entitled "Commencement Date/Prioritization of Fill", is hereby deleted in its entirety and shall have no further force and effect as of the date of this Amendment No. 1. The Parties have reviewed all agreements and operating entitlements and agree that the deletion of Section 7.2 wil have no other impact on entitled operations or approvals and no amendments to the underlying entitlements are required.
01005.0020/935959.l
EXHIBIT "A" TO PC RESOLUTION NO. 831(24)
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment Nos. 1, 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 Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Vulcan each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warants 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.
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 warant 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 the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound should be read and construed in a manner which would not conflict with other agreements or contract amendments entered into or intended to be entered into by the Parties for the purpose of terminating the fill prioritization system referenced in Recitals B and C above.
[SIGNATURES ON FOLLOWING PAGE]
01005.0020/935959.1
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date and year first-above written.
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
APPROVED AS TO FORM:
Signature
Name, Title
01005.0020/935959.l
CITY:
CITY OF IRWINDALE,
a California municipal corporation
, Mayor
VULCAN:
CALMAT CO., dba VULCAN
MATERIALS COMPANY, WESTERN
DIVISION, a Delaware corporation
.-7 D
Br y . / � /_.,. --; ... ··=-=-/. /'
Name: ;;;;(.f' T ?o.6""r4'
Title: 'jt,,:J;,,f - M?lf,,..... PJ.;.,J.,.,
AMENDMENT NO. 2
TO DEVELOPMENT AGREEMENT FOR RELIANCE I QUARRY AND RELIANCE II
LANDFILL
This AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT FOR
RELIANCE I QUARRY AND RELIANCE II LANDFILL ("Amendment No. 2") is entered into as of July _ 2023, by and between CALMAT CO., a Delaware corporation, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION ("Vulcan") and the City of Irwindale (the "City"), a California municipal corporation (collectively, the "Parties"), with reference to the following facts:
RECITALS
A. On September 24, 2008, the City and Vulcan entered into that agreement entitled "Development Agreement for Reliance I Quarry and Reliance II Landfill" ("Agreement") to govern the development of an active mining quarry known as Reliance I and a landfill site called Reliance II.
B. On March 10, 2021, the City and Vulcan entered into a contract amendment entitled "Amendment No. 1 to Development Agreement for Reliance I Quarry and Reliance II Landfill" ("Amendment No !.") which terminated any terms or conditions relating to Reliance II Landfill. Accordingly, this Amendment No. 2 incorporates by reference any amendments as described in Amendment No. 1.
C. In Section 7 .2 of the Agreement, which section is entitled "Commencement Date/Prioritization of Fill", the Parties agreed to a prioritization system to fill pits that have been mined and are ready for reclamation.
D. The intent behind the "Commencement Date/Prioritization of Fill" section was to establish an organized and systematic approach to filling the various pits throughout the City of Irwindale to ensure that sufficient fill material could be dedicated to each site to timely ensure completion thereof rather than have a piecemeal approach without any deadlines or a cohesive strategy such that pits may not consistently receive sufficient fill material and, therefore, could take much longer to complete.
E. Since the Effective Date of the Agreement, various pits in the City of Irwindale have successfully been filled and are now in the process of development.
F. As a result of the successful completion of filling various pits, the need for the prioritization schedule established in Section 7 .2 of the Agreement is no longer required as there is now sufficient fill material to complete the filling of the remaining pits without the necessity of the structured prioritization approach.
G. Accordingly, the Parties now desire to terminate Section 7.2 of the Agreement and thereby terminate the requirement for prioritization of filling activities. 01005,0020/935939.l
EXHIBIT "A" TO PC RESOLUTION NO. 832(24)
TERMS
1. Amendments to Agreement. The Agreement is amended as provided herein:
a. Section 7.2 of the Agreement, entitled "Commencement Date/Prioritization of Fill", is hereby deleted in its entirety and shall have no further force and effect as of the date of this Amendment No. 2. The Parties have reviewed all agreements and operating entitlements and agree that the deletion of Section 7.2 will have no other impact on entitled operations or approvals and no amendments to the underlying entitlements are required.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 and Amendment No. 1 terminating all terms and conditions pertaining to Reliance II Landfill, all provisions of the Agreement, as amended by Amendment Nos. 1 and 2, 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 Amendment Nos. 1 and 2.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Vulcan 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.
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. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the Parties hereto warant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound and should be read and construed in a manner which would not conflict with other agreements or contract amendments entered into or intended to be entered into by the Parties for the purpose of terminating the fill prioritization system referenced in Recitals C and D above.
[SIGNATURES ON FOLLOWING PAGE]
01005,0020/935939. l
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the date and year first-above written.
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
APPROVED AS TO FORM:
Signature
Name, Title
01005.0020/935939.l
CITY:
CITY OF IRWINDALE,
a California municipal corporation
,Mayor
VULCAN:
CALMAT CO., dba VULCAN
MATERIALS COMPANY, WESTERN
DIVISION, a Delaware corporation
,-
By:��
..-:- •'"JJ Name: .,l;""f T. ;/; ,.,
,,-�
Title: 1/(.,-,;J,"71 _ ,1/,,4,,., }),,;y;,_,
IRWINDALE CITY COUNCIL CHAMBERS AUGUST 28, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 9:18 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; Jamie Traxler, Assistant City Attorney; 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 Armando Hegdahl, Management Analyst
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 27A MINUTES OF THE REGULAR MEETING HELD JULY 24, 2024
MINUTES OF THE
REGULAR MEETING The minutes were approved.
HELD JULY 24, 2024
ITEM NO. 27B WARRANTS / DEMANDS / PAYROLL
WARRANTS /
DEMANDS / The warrants / demands / payroll were approved.
PAYROLL
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:19 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS AUGUST 28, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 9:19 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; Jamie Traxler, Assistant General Counsel; 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 Armando Hegdahl, Management Analyst
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. 33A MINUTES OF THE REGULAR MEETING HELD JULY 24, 2024
MINUTES OF THE
REGULAR MEETING The minutes of the regular meeting held JULY 24, 2024, were HELD JULY 24, 2024 approved as presented.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
RUTH QUEJIA Ruth Quejia spoke on the difficulties her clients, the Aguayo family, have experienced when attempting to sell their house.
CHAIR AMBRIZ In reply to a request by Chair Ambriz, Executive Director Miranda advised that agency staff are awaiting input from the state HCD office relating to the agreements utilized in past housing purchase and rehabilitation programs. As such, the agency is unable to accommodate the Aguayo’s request currently but hopes to receive HCD’s input after September 5.
RUTH QUEJIA Ruth Quejia offered to assist in reaching out to HCD, to which Chair Ambriz stated that agency staff will reach out to her once they hear back from HCD.
HOUSING AUTHORITY MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:24 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
IRWINDALE CITY COUNCIL CHAMBERS JULY 25, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 12:08 A.M.
The Irwindale RECLAMATION 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; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.
ANNOUNCEMENT
CHIEF ASSISTANT Chief Assistant Authority Secretary Nieto announced the following:
AUTHORITY
SECRETARY NIETO “As required by Government Code Section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting.”
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. 40A MINUTES – NONE FOR APPROVAL
MINUTES – NONE
FOR APPROVAL No action necessary.
ITEM NO. 40B INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING MARCH 31, 2024
QUARTERLY REPORT
FOR FISCAL QUARTER The Investment Quarterly Report for Fiscal Quarter ending March 31, ENDING MARCH 31, 2024, was approved
2024
ITEM NO. 40C INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING JUNE 30, 2024
QUARTERLY REPORT
FOR FISCAL QUARTER The Investment Quarterly Report for Fiscal Quarter ending June 30, ENDING JUNE 30, 2024 2024, was approved.
RECLAMATION AUTHORITY MINUTES JULY 25, 2024
REGULAR MEETING PAGE 2
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
NEW BUSINESS
ITEM NO. 42A AMENDMENT NO. 1 TO UNITED ROCK PRODUCTS
AMENDMENT NO. 1 CORPORATION SETTLEMENT AGREEMENT AND MUTUAL TO UNITED ROCK RELEASE AND AMENDMENT NO. 2 TO UNITED ROCK PRODUCTS CORP. PRODUCTS CORPORATION SMARA OPERATION RIGHTS SETTLEMENT AGMT. TRANSFER AND CONVEYANCE AGREEMENT
AND MUTUAL RELEASE
AND AMENDMENT
NO. 2 TO UNITED ROCK
PRODUCTS CORP.
SMARA OPERATION
RIGHTS TRANSFER AND
CONVEYANCE
AGREEMENT
BOARD MEMBER Board Member Breceda declared a potential conflict of interest with BRECEDA this item and exited the Council Chambers at 10:40 p.m.
DIRECTOR CHAN Director Chan presented the staff report.
SUZANNE GOMEZ Responding to a question by Suzanne Gomez, Director Chan indicated that this item would allow United Rock to backfill any of their pits in the order that they wish.
MOTION A motion was made by Vice Chair Burrola, seconded by Board Member Ortiz, to approve Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release and Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement. The motion was unanimously approved; Board Member Breceda absent.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 12:10 a.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary
Item #39.B.
Date: September 11, 2024
To: Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, Executive Director
Issue: 2024 Third Quarter Mining Report of Nine (9) SMARA Pits City Manager's Recommendation:
That the Irwindale Reclamation Authority receive and file this report.
Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering / Building
Official
Prepared by:
Francisco Carrillo, Construction Compliance
Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, Executive Director
Background and Analysis:
The following table presents a summary of the 2024 third quarter estimated mining production of five (5) pits governed by the Surface Mining and Reclamation Act of 1975 (SMARA Pits) currently conducting mining activity in the City.
Mine Site
Estimated Production
June through August 2024
(Tons)
Estimated Remaining
Reserve (Tons)
Lehigh Hanson Pit 402,898 49,205,751
Peck Road Gravel Pit 9,000 93,000
Vulcan Reliance I No Production 21,111,988
Vulcan Durbin 365,059 27,328,506
Olive Pit 576,628 25,707,515
A total of approximately 1,353,585 tons of material were produced during the reporting period, June 2024 through August 2024, from the five (5) SMARA Pits listed above. This is approximately 105,282 tons more than reported in the previous quarter.
Below is a summary of the third quarter and current activity of the remaining four (4) SMARA Pits in the City.
Mine Site Status Activity
United Pit No. 2 Under Reclamation Fill Operations for Mine Reclamation
United Pit No. 3 Under IMP Review* Inactive
United Pit No. 4 Active Processing Plant
Azusa Western Pit Idle (IMP) Inactive
*Interim Management Plan (IMP) for United Pit No. 3 is currently under review. Thus, no production was reported, and it is estimated that 370,470 tons of reserves remain for future mining.
During the third quarter of the 2024 reporting period, reclamation activity was reported by three (3) SMARA Pits. The following is a summary of the reclamation activity at these three SMARA Pits:
Mine Site Estimated Fill Placed
June through August 2024 (C.Y.)
Lehigh Hanson Pit No fill placed this quarter
United Pit No. 2 292,918.67
Vulcan Durbin Pit 112,731
As to the status of the city-owned Olive Pit, CA Mine ID # 91-19-0052:
The design of the traffic signal at the intersection of Azusa Canyon Road and Los Angeles Street remains at 90% completion. The granting and acquisition of the easements (one
easement located on the easterly property and the other on the southeast property of the intersection) are in the final stages of negotiations with the private owners, draft deed easement and or easement agreement documents have been routed to the property owners and are under review.
Fiscal Impact:
None
Attachments:
None