CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
RECLAMATION AUTHORITY
September 11, 2024
SPECIAL MEETING – 5:30 PM
REGULAR MEETING – 6:30 PM
CLOSED SESSION – CONFERENCE ROOM
OPEN SESSION – CITY COUNCIL CHAMBER
ALBERT F. AMBRIZ - Mayor
LARRY G. BURROLA - Mayor Pro Tem
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmember
H. MANUEL ORTIZ - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.
Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389
September 11, 2024
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website: https://www.irwindaleca.gov/DocumentCenter/View/8075/AB2449-Reasonable-Accommodation-Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430-2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N.
Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting for convening the regular meetings of the Irwindale Reclamation Authority.
September 11, 2024
Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
Irwindale City Council
September 11, 2024
SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
5. RECESS TO CLOSED SESSION
A. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16154 Arrow Highway (APNS 8417-029-024 and 025) Agency negotiator: Fernando Lopez, Housing Coordinator
Negotiating parties: Rudolfo A. Dominguez Trustee
Under negotiation: Price and terms of payment
B. Conference with Legal Counsel – Existing Litigation
[Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1)] Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
C. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: One
D. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9 (d)(2), (e)(1) A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is significant exposure to litigation against the City of Irwindale. The facts and circumstances are those that might result in litigation against the City but which the City Council believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
September 11, 2024
Number of Cases: 2
6. RECONVENE IN OPEN SESSION
7. REPORT FROM CLOSED SESSION
8. ADJOURNMENT
REGULAR MEETING
9. CALL TO ORDER
10. PLEDGE OF ALLEGIANCE
11. INVOCATION
12. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola Mayor Albert F. Ambriz
13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
14. CHANGES TO THE AGENDA
15. COUNCIL MEMBER TRAVEL REPORTS
16. COUNCILMEMBER COMMENTS
17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
A. Introduction of Assistant Planner Martin Romero
B. Recognition of Tracey Cooper-Harris for her service to the 31st Congressional District
18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. 2024 San Gabriel Valley Council of Governments Update
19. CONSENT CALENDAR
A. Minutes of Meetings Held August 2, 2024, and August 28, 2024 Department: City Clerk
Recommendation: Approve
September 11, 2024
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
C. 2nd Reading of Ordinance No. 776
Department: City Clerk
Recommendation: Adopt on second reading Ordinance No. 776 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTION 2.04.010 (“COUNCIL MEETINGS”) OF CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE IRWINDALE MUNICIPAL CODE RELATING TO START TIME OF REGULAR CITY COUNCIL MEETINGS" reading by title only and waiving further reading thereof.
D. Amendment No. 1 with California Consulting, Inc. for Grant Writing Management Services (Continued from August 28, 2024)
Department: Administration
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.
20. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.
Each speaker will be limited to 3 minutes unless such time limits are extended. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. The Presiding Officer may, in his or her discretion, extend the 3-minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.
The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be
September 11, 2024
reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.
Public Comments will be heard in the following order:
1: In-person attendees
2: Teleconference attendees
3: In-person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body
21. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Adopt Resolution No. 2024-72-3549 Appointing a Voting Delegate for 2024 League of California Cities Annual Conference – Annual Business Meeting
Department: Administration
Recommendation: Adopt Resolution No. 2024-72-3549, appointing a voting delegate and up to two alternate voting delegates to represent the City of Irwindale at the Annual Business Meeting to be held at the 2024 League of California Cities Annual Conference in Long Beach, California.
B. Los Angeles County Building and Safety Services
Department: Engineering
Recommendation: That the City Council (1) Receive and file the Los Angeles County Building & Safety service contract termination; (2) Discuss and approve Option 1 regarding staffing for the City’s Building and Safety Division; (3) Continue with previously adopted Los Angeles County Building Codes Ordinance No. 769, and Fee Schedule Resolution No. 2012-53-2592; (4) Adopt Resolution No. 2024-69-3546 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING A NEW JOB CLASSIFICATION AND ASSOCIATED JOB SPECIFICATION AND APPROVING UPDATES TO AN EXISTING JOB SPECIFICATION”; (5) Adopt Resolution No. 2024-76- 3553 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-64-3541, AND ESTABLISHING THE NUMBER OF POSITIONS,
SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES AND APPROVING APPROPRIATION OF FUNDS.”
22. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
A. First Reading of Ordinance Nos. 782, 783, and 784 for the Dissolution of the “Prioritization of Fill” schedule for the Hanson Quarry, the Durbin Quarry, and the Reliance I Quarry Department: Engineering
September 11, 2024
Recommendation: (1) Introduce for first reading by title only with further reading waived, Ordinance No. 782, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 04-05 BY AND BETWEEN
THE CITY OF IRWINDALE AND MARTIN MARIETTA SOUTHERN CALIFORNIA AGGREGATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FORMERLY HANSON AGGREGATES WEST, INC., A
DELAWARE CORPORATION, AND A WHOLLY OWNED SUBSIDIARY OF MARTIN MARIETTA MATERIALS, INC.; LOCATED AT 13550 LIVE OAK AVENUE; IRWINDALE, CALIFORNIA”; and (2) Introduce for first reading by title only with further reading waived, Ordinance No. 783, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-06 FOR DURBIN QUARRY BY AND BETWEEN THE CITY OF IRWINDALE AND CALMAT CO., A DELAWARE CORPORATION, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION; LOCATED AT 13000 LOS ANGELES STREET, IRWINDALE, CALIFORNIA”; and
(3) Introduce for first reading by title only with further reading waived, Ordinance No. 784, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE 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”
23. CITY MANAGER’S REPORT
24. FUTURE AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
At this time, the City Council will deliberate and discuss whether these items should be placed on a future agenda. In order for any listed item to be placed on a future agenda for substantive discussion or action, the City Council must act by formal motion to direct the City Manager to place the item on a future agenda.
A. Request by Mayor Ambriz to discuss a portion of Our Lady of Guadalupe Mission being converted to museum space
Department: Administration
Recommendation: Discuss
B. Request by Mayor Ambriz to discuss City of Irwindale retirees being considered for resident priority for excursion sign-ups
Department: Administration
Recommendation: Discuss
C. Request by Councilmember Breceda for an update on the Irwindale Speedway Department: Administration
Recommendation: Discuss.
September 11, 2024
D. Request by Councilmember Ortiz for a report on the Olive Pit mining operations and remaining time for its extension
Department: Administration
Recommendation: Discuss.
25. ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY
26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
27. CONSENT CALENDAR
A. Minutes of the Meeting Held August 28, 2024
Department: City Clerk
Recommendation: Approve
28. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
29. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
30. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
31. ADJOURN
HOUSING AUTHORITY
32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
33. CONSENT CALENDAR
A. Minutes of the Meeting Held August 28, 2024
Department: City Clerk
September 11, 2024
Recommendation: Approve
34. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
35. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
36. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
37. ADJOURN
RECLAMATION AUTHORITY
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.
38. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
39. CONSENT CALENDAR
A. Minutes of the Meeting Held July 24, 2024
Department: City Clerk
Recommendation: Approve
B. 2024 Third Quarter Mining Report of Nine (9) SMARA Pits Department: Engineering
Recommendation:
That the Irwindale Reclamation Authority receive and file this report.
40. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Reclamation Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
41. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
42. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
September 11, 2024
43. ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing Authority, and Reclamation Authority, to be held on September 11, 2024, be posted at the City Hall, Library, and Post Office on September 6, 2024.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS AUGUST 2, 2024
5050 N. IRWINDALE AVENUE FRIDAY
IRWINDALE, CALIFORNIA 91706 10:00 A.M.
The Irwindale CITY COUNCIL met in a special meeting 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 (arrived at 10:14 a.m.); Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS None.
NEW BUSINESS
ITEM NO. 7A DISCUSSION AND DIRECTION REGARDING IMPACTS TO
DISCUSSION AND IRWINDALE FROM THE PROPOSED LOS ANGELES COUNTY DIRECTION 1/2% SALES TAX INITIATIVE (THE “AFFORDABLE HOUSING, REGARDING IMPACTS HOMELESSNESS SOLUTIONS AND PREVENTION NOW”
TO IRWINDALE FROM MEASURE) TO BE SUBMITTED TO THE VOTERS AT THE THE PROPOSED NOVEMBER 5, 2024 BALLOT
L.A. CO. ½% SALES
TAX INITIATIVE
ASSISTANT CITY Assistant City Manager Olivares presented the staff report.
MANAGER OLIVARES
COUNCILMEMBER In response to a question by Councilmember Ortiz, Assistant City ORTIZ Manager Olivares advised that the CA Dept. of Tax and Fee Administration (“CDTFA”) is responsible for ensuring that taxing agencies accurately disburse and receive tax allocations.
COUNCILMEMBER Councilmember Garcia asked whether the proposed tax would have GARCIA a sunset clause, to which Assistant City Manager Olivares indicated that it would not and would run in perpetuity. Councilmember Garcia also asked about the availability of proceeds should the tax be approved, to which Assistant City Manager Olivares indicated that, should the City decline in seeking the proceeds from the proposed tax, the County or any other agency could seek to obtain them. She noted that it is estimated that this tax would generate approximately $1-1.8 million in general fund revenues per year and that the tax would be implemented if over 50% of voters vote in favor of approving it.
CITY COUNCIL MINUTES AUGUST 2, 2024
SPECIAL MEETING PAGE 2
COUNCILMEMBER Councilmember Ortiz noted the complexity of the matter, to which ORTIZ Assistant City Manager Olivares advised that, though complicated, there is an urgency to act quickly since the City would only have until August 9 to transmit the necessary information to the County. Staff would also like to transmit the verbiage of the ordinance to the CDTFA for their review and input, after which staff would like to present the resolution and ordinance to the City Council at its next meeting in order to move forward with placement of the matter on the ballot for the November election.
MAYOR PRO TEM In response to a question by Mayor Pro Tem Burrola, Assistant City BURROLA Manager Olivares repeated that the funds that would be made available could be sought by other agencies if Irwindale voters do not approve the proposed tax. She noted that the Council best knows the needs of the community and how to best utilize any incoming funds, though the City would have no say in how funding is used it if goes to the County, for example. It is highly unlikely that any of the funding would be returned to Irwindale in the latter example.
DENA ZEPEDA Dena Zepeda thanked Assistant City Manager Olivares for the information and suggested that the city seek approval of the measure on the ballot.
SUZANNE GOMEZ Suzanne Gomez also recommended placing this measure on the ballot in the hopes it will achieve voter approval, though she suggested that it include a sunset date.
COUNCILMEMBER In response to a question by Councilmember Garcia, City Attorney GARCIA Guerra stated that he is not aware of anything that would restrict the City from having full access to the funding should the measure be approved by voters. City Attorney Guerra also explained why there is no need to include a sunset date in the ordinance.
Councilmember Garcia then asked how the funding could be used to which City Attorney Guerra indicated that a special tax could be approved to earmark proceeds for a specific purpose and a general tax could be approved to allow the City to decide how the funding should be utilized.
ASSISTANT CITY Assistant City Manager Olivares noted that the proposed measure is MANAGER OLIVARES being billed as a general tax.
COUNCILMEMBER Councilmember Ortiz asked what would happen if the measure did ORTIZ not pass countywide, but the measure for Irwindale did pass, to which Assistant City Manager Olivares indicated that the day after Measure H sunsets, Irwindale would capture a ¼ cent sales tax.
Councilmember Ortiz suggested adopting the ordinance as soon as possible and recommended that the measure be formulated to
CITY COUNCIL MINUTES AUGUST 2, 2024
SPECIAL MEETING PAGE 3
emphasize that the use of some of the funding would go toward assisting homeless individuals.
MAYOR PRO TEM Mayor Pro Tem Burrola concurred with Councilmember Ortiz and BURROLA thanked staff for their awareness regarding this matter.
MAYOR AMBRIZ Mayor Ambriz agreed to move forward so that the City could collect the funding and determine how best to use it.
MOTION A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Ortiz, to move forward with adopting any resolutions and ordinances needed to submit a local ballot measure to assess a ¼ cent sales tax. The motion was unanimously approved.
CITY MANAGER City Manager Miranda thanked Assistant City Manager Olivares, City MIRANDA Attorney Guerra, and Finance Director Borhani for the hard work they put into the report and for their efforts in meeting the related deadlines.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 10:38 a.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS AUGUST 28, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:31 P.M.
The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in a special joint meeting 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; and Armando Hegdahl, Management Analyst AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS There were no speakers.
RECESS TO At 5:36 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:
Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Jamie Traxler, Assistant Legal Counsel; Mary Hull, Human Resources Manager
Employee Organizations: IMEA, ICEA, IPOA, and Unrepresented Employees
ACTION: Discussed, direction given to staff; no reportable action taken
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16359 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: 39 Dalton Financial Ltd. Partnership Under Negotiation: Price and terms of payment
ACTION: Discussed, direction given to staff; no reportable action taken
CITY COUNCIL / HOUSING AUTHORITY MINUTES AUGUST 28, 2024 SPECIAL MEETING PAGE 2
Property: 14905 Los Angeles Street, Irwindale, CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
ACTION: Discussed, direction given to staff; no reportable action taken
Property: 16249 Arrow Highway
Negotiating Parties: Marta McBride and Julian A. Miranda, City Manager
Under Negotiation: Price and terms of payment
ACTION: Discussed; no reportable action taken (Board Member Breceda declared a potential conflict of interest and recused himself from this matter)
Property: 4846 Irwindale Avenue
Agency Negotiator: Julian A. Miranda, City Manager / Executive Director
Negotiating Parties: Linda Eggers
Under Negotiation: Price and terms of payment
ACTION: Discussed, direction given to staff; no reportable action taken (Councilmembers Breceda and Garcia as well as Mayor Pro Tem Burrola declared potential conflicts of interest on this item. After drawing straws, it was determined that Mayor Pro Tem Burrola may participate in discussing this matter along with Councilmember Ortiz and Mayor Ambriz).
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9 (d)(2), (e)(1) A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is significant exposure to litigation against the City of Irwindale. These facts and circumstances are those that might result in litigation against the City but which the City Council believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
Number of Cases: 1
ACTION: Discussed, direction given to staff; no reportable action taken (Mayor Ambriz recused himself on this matter)
RECONVENE IN At 6:55 p.m., the City Council reconvened in Open Session.
OPEN SESSION
CITY COUNCIL / HOUSING AUTHORITY MINUTES AUGUST 28, 2024 SPECIAL MEETING PAGE 3
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:58 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 6:58 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers 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; 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.
CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda stated that: 1) a revised salary schedule for MIRANDA Item No. 20J has been placed on the dais for each Councilmember, 2) Item No. 20O will be continued to the September 11 meeting, 3) the recognition of Aundrea Butler will be continued to the meeting of September 25, and 4) the recognition of Aria Burrola will be continued to the meeting of October 9.
COUNCILMEMBER
TRAVEL REPORTS None.
COUNCILMEMBER
COMMENTS
COUNCILMEMBER Councilmember Ortiz commended the staff of the Recreation, Public ORTIZ Works Services, and Police Departments for collaborating toward the success of the Music in the Park concerts over the summer. He also suggested that either the Parks and Recreation Commission provide input or a new committee be formed to provide input in selecting bands for future concerts that more people would enjoy listening and dancing to.
MAYOR PRO TEM Mayor Pro Tem Burrola requested brighter lighting in the horseshoe BURROLA area at the park and stated that he received a complaint about vermin at an address on Allen Drive and requested that Code Enforcement check into the concern. He also spoke very highly about the recent RockAbilities Luau and stated his joy in seeing the children having a good time.
COUNCILMEMBER Councilmember Breceda noted the dry berm behind El Nido Park and BRECEDA asked whether the irrigation system is working properly to which City Manager Miranda stated that staff would look into the concern.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 2
MAYOR PRO TEM Mayor Pro Tem Burrola also reported on concerns from residents at BURROLA Alice Rodriguez Circle about the nearby wrecking yards where people have been seen jumping over walls and fences, to which City Manager Miranda indicated that Code Enforcement staff would look into the issue.
MAYOR AMBRIZ Mayor Ambriz echoed Mayor Pro Tem Burrola’s sentiment regarding the RockAbilities Luau.
INTRODUCTION OF
NEW EMPLOYEES /
PROMOTIONS
INTRODUCTION OF INTRODUCTION OF MANAGEMENT ANALYST AUNDREA
MANAGEMENT BUTLER
ANALYST AUNDREA
BUTLER This introduction was continued to the meeting of September 25.
INTRODUCTION OF INTRODUCTION OF ENGINEERING TECHNICIAN HENRY
ENGINEERING MONCADA
TECHNICIAN
HENRY MONCADA Director Chan provided brief background information and introduced Henry Moncada as the new Engineering Technician.
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
RECOGNITION OF RECOGNITION OF OUTGOING IRWINDALE COMMUNITY
OUTGOING IRWINDALE FOUNDATION BOARD MEMBERS
COMMUNITY
FOUNDATION BOARD Rosemary Luna from Vulcan Materials, Elizabeth Ramirez from MEMBERS Athens Services, Ruben Tapia, Resident Representative, and Larry G. Burrola, Council Representative, were all recognized for their contributions to the Board.
OATHS OF OFFICE OATHS OF OFFICE TO INCOMING IRWINDALE COMMUNITY
TO INCOMING FOUNDATION BOARDMEMBERS
IRWINDALE
COMMUNITY Mayor Ambriz administered the Oaths of Office to the incoming FOUNDATION Board Members.
BOARDMEMBERS
CERTIFICATE OF CERTIFICATE OF RECOGNITION TO ARIA BURROLA
RECOGNITION TO
ARIA BURROLA This presentation was continued to the meeting of October 9.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 3
RECOGNITION OF RECOGNITION OF IRWINDALE AQUATICS STAFF FOR SENIOR
IRWINDALE AQUATICS RESCUE
STAFF FOR SENIOR
RESCUE This presentation was continued to a future meeting.
NEW BUSINESS
ITEM NO. 19A PROPOSED SAFETY AND ENVIRONMENTAL JUSTICE
PROPOSED SAFETY PROGRAMS FOR THE HOUSING & GENERAL PLAN UPDATE AND ENVIRONMENTAL (Continued from July 24, 2024)
JUSTICE PROGRAMS
FOR THE HOUSING
& GENERAL PLAN
UPDATE
DIRECTOR SIMPSON Director Simpson briefly presented the staff report and introduced Vanessa Ramirez from ESA, who continued the presentation that began at the last Council meeting.
VANESSA RAMIREZ Vanessa Ramirez provided a quick recap on the information presented at the previous Council meeting and continued the PowerPoint presentation which covered topics such as the definitions of the Safety Element and Environmental Justice Element. She also discussed goals of each, provided a summary of outreach efforts, and noted next steps.
CARMEN ROMAN Responding to a question by Carmen Roman, Mrs. Ramirez advised that the information covered would be tailored to suit the needs of Irwindale and indicated that staff held several community workshops to determine the wants and needs of the community. She added, however, that some aspects are included in the elements as required by state law.
DENA ZEPEDA Dena Zepeda voiced concern about utilizing outdated information, to which Mrs. Ramirez reiterated that the report includes information gathered at workshops that were held between 2023 up through the workshop held two months ago and noted that it will be further be updated to include comments received tonight.
DIRECTOR SIMPSON Director Simpson noted that the proposed elements have been available for public review and were sent to multiple agencies, including state agencies, which provided feedback.
SUZANNE GOMEZ Suzanne Gomez commended staff for the great report and suggested including the elements into the General Plan.
MOTION A motion was made by Mayor Pro Tem Burrola to approve the programs presented for the Safety Element and Environmental Justice Elements.
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MAYOR AMBRIZ Responding to a question by Mayor Ambriz, Director Simpson stated that staff is seeking Council input about whether the proposed programs should be changed, added, or removed.
ASSISTANT CITY Assistant City Attorney Traxler added that the final Environmental ATTORNEY TRAXLER Justice and Safety Elements will be considered by the Council at a future public hearing.
ROLL CALL The above-mentioned motion, which was seconded by Councilmember Breceda, was unanimously approved.
ITEM NO. 19B ALLEN DRIVE RE-ZONING
ALLEN DRIVE
RE-ZONING
COUNCILMEMBER Councilmember Breceda and City Manager Miranda declared BRECEDA AND CITY potential conflicts of interest with this item and exited the Council MANAGER MIRANDA Chambers at 7:35 p.m.
DIRECTOR SIMPSON Director Simpson presented the staff report and made a PowerPoint presentation.
MAYOR AMBRIZ Responding to several questions by Mayor Ambriz, Director Simpson advised that R1 zoning allows for housing density of up to eight units per acre, while R2 zoning allows for up to 14 units per acre. She added that tonight’s item simply pertains to the zoning for the subject site and that the actual development of housing would be considered in the future.
CARMEN ROMAN Carmen Roman asked about the amount of land reserved for housing, stated her preference that the City avoid developing a “poor section and rich section” of housing with high density/low-income units in one area and single family units in another, and opposed developing units with commercial units downstairs and residential units upstairs.
DENA ZEPEDA Dena Zepeda provided suggestions on how to zone certain sections of the subject lot. Responding to a question by Mrs. Zepeda, Director Simpson advised that future developers could discuss with the City the type of housing they would like to develop, though that is a process that will be undertaken in the future. Mrs. Zepeda stated that residents are opposed to developing two houses on one lot since homeowners are opposed to sharing a driveway.
ROBERT DIAZ Robert Diaz expressed his understanding that zoning density requirements have changed recently to which Director Simpson advised that they have not changed and remain at eight units per acre for R1 and 14 units per acre for R2.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 5
FRED BARBOSA Fred Barbosa questioned why the entire lot has not been reserved for housing.
CARMEN ROMAN Carmen Roman agreed with Mr. Barbosa that the entire site should be reserved for housing. She stated her belief that today’s youth prefer houses with small yards that are situated apart from their neighbors’ units.
SUZANNE GOMEZ Suzanne Gomez thanked the Planning Department for their efforts in obtaining feedback from residents and suggested that the Council focus on the desires of the residents at this point and address or litigate state requirements in the future.
MAYOR AMBRIZ Mayor Ambriz stated that the Council wishes to develop the entire 10- acre site on the same scale as its surrounding neighborhoods, and that he would like to rezone the entire 10 acres as R2 in order to grant staff and housing developers flexibility. He also requested for conceptual drawings to be provided to the Council to help it decide what should be developed at the site.
Responding to a question by Mayor Ambriz, Director Chan advised that the area of the site that experienced a slope failure is considered a “no build zone” and that no permanent structure should be developed there, though it would be ok to develop things such as a park, community garden, and perhaps a parking area.
Mayor Ambriz also asked whether the slope failure renders the rest of the site undevelopable, to which Director Chan confirmed that the rest of the area is stable and buildable, though he mentioned that providing a larger setback away from the area of the slope failure may be considered. He further noted that a geotechnical report for the site would be submitted to the City’s Building & Safety department at which point the engineers could verify whether the proposed development would be safe.
Mayor Ambriz reiterated his desire to designate the 10-acre Allen Drive parcel as R2 zoning so that staff and developers could develop a housing project. He also reiterated his request for conceptual drawings to be presented at upcoming housing workshops and spoke on the need to speed up the timelines identified in the Housing Element.
MAYOR PRO TEM Mayor Pro Tem Burrola stated that the City is fortunate to have 10 BURROLA acres to build homes. He also recommended obtaining input from a developer as to the zoning they would suggest for the area, to which Director Simpson advised that developers would typically ask City staff about a specific site’s zoning. She advised that, at this point, staff is merely asking the Council to determine the zoning they would prefer for the six acres that have been reserved for housing, since the
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 6
HCD has requested a timeline for the anticipated rezoning for the six acres.
PLANNING TECHNICIAN Planning Technician Romero offered several potential configurations ROMERO to the site.
MAYOR PRO TEM Mayor Pro Tem Burrola repeated that a developer could provide BURROLA options and then change the site to either R1 or R2 zoning, to which Director Simpson advised that the HCD would have to be notified if the zoning on a parcel were changed.
COUNCILMEMBER Councilmember Garcia stated that if the site were zoned R2, housing GARCIA could be mixed as preferred by the Housing Authority Board.
DIRECTOR SIMPSON Director Simpson reiterated that R2 zoning permits a maximum of 14 units per acre, though the Housing Authority Board has the discretion to approve fewer, as long as it complies with the numbers submitted previously to HCD.
MAYOR PRO TEM Responding to a question by Mayor Pro Tem Burrola, Director BURROLA Simpson advised that future housing workshops, led by the Housing Coordinator, would feature developers that would speak to potentially developing a variety of housing types.
COUNCILMEMBER Councilmember Garcia noted that, per R2 zoning conditions, a GARCIA maximum of 140 homes could potentially be built in the entire 10-acre site.
COUNCILMEMBER Councilmember Ortiz concurred with Mayor Ambriz about zoning the ORTIZ entire 10-acre site as R2.
MOTION A motion was made by Mayor Ambriz, seconded by Councilmember Ortiz, to rezone the entire 10-acre parcel on Allen Drive to R2 to allow staff and developers the flexibility needed in developing a quality housing project. The motion was unanimously approved;
Councilmember Breceda absent.
DIRECTOR SIMPSON Director Simpson noted that, with this action, the site would not need to be subdivided. Staff will work through the rezoning process following this action.
ITEM NO. 19C CITY PARKWAYS
CITY PARKWAYS
DIRECTOR RODRIGUEZ Director Rodriguez presented the report and made a PowerPoint presentation.
FRED BARBOSA Fred Barbosa asked whether residents could remove trees on parkways if they are damaging their sprinkler lines, to which Director Rodriguez indicated that they would likely need to speak to City staff
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 7
to ensure that the residents meet the requirements of the Conditions, Covenants, and Restrictions (“CC&R”) that they entered into for the site.
Mr. Barbosa then asked about sending the City the bill for the repair of the sprinkler lines, to which Assistant City Attorney Traxler mentioned that residents may submit a claim for damages to the City.
MAYOR PRO TEM Mayor Pro Tem Burrola advised that he requested to discuss this BURROLA matter since two residents along Alice Rodriguez Circle have requested City assistance in repairing sprinkler lines damaged by trees. He acknowledged that they signed CC&R’s approximately 17 years ago that requires them to maintain the vegetation at the parkway but did not know of the potential damage that the trees could create. He suggested that the City be responsible for repairing the damage to the sprinkler lines for the two households.
Mayor Pro Tem Burrola asked who trims the trees along Alice Rodriguez Circle, to which Director Rodriguez advised that the City has hired a contractor to trim the trees at the direction of a former City Manager.
MAYOR AMBRIZ Responding to a question by Mayor Ambriz regarding liability for the damaged sprinkler lines, Assistant City Attorney Traxler advised that, generally speaking and without having seen the CC&R’s, the property owner would usually assume responsibility for the maintenance of their property when they sign their CC&R and that the City does not have the responsibility for maintaining private property.
COUNCILMEMBER Councilmember Breceda stated that the issue with damage to BRECEDA sidewalks and sprinkler lines caused by trees seems to be citywide rather than an issue only being experienced by a couple of residents.
FRED BARBOSA Responding to a question by Fred Barbosa, Director Rodriguez advised that the state’s Streets and Highway Code indicates that the property owner is responsible for maintaining the sidewalk in front of their property. She also noted that the City is not aware of the property owners’ maintenance schedules for their properties and advised that, should the City be made responsible for maintaining the trees citywide, funding would need to be earmarked and a policy and procedure would need to be determined to establish how the City would assume the responsibility.
COUNCILMEMBER Councilmember Garcia stated that the City may need to adopt an GARCIA ordinance to exempt existing and future households from assuming responsibility for maintaining trees along city parkways. He stated, however, that commercial property owners should still be required to maintain the parkways fronting their properties.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 8
COUNCILMEMBER Councilmember Ortiz suggested allowing the City Attorney’s Office to ORTIZ look into the issue and return with options that the Council could consider.
MAYOR PRO TEM Mayor Pro Tem Burrola stated that this matter is turning into a big BURROLA issue when his intent was merely for the City to repair the sprinkler lines for two resident households.
DIRECTOR RODRIGUEZ Director Rodriguez advised that the damage to the sidewalk being caused by the tree will be repaired under the Engineering Department’s Street Resurfacing project. She stated that the Council could decide whether the City should pay for the repair to the sprinkler line and noted that the cost for the repair would be approximately $1,750 per home, and that the City would need to work with the City Attorney ‘s Office to draft the appropriate documentation so that the property owner could grant staff or a contractor to access their properties to conduct the repairs.
MAYOR AMBRIZ Mayor Ambriz agreed with Councilmember Ortiz’s suggestion to table the matter so that the City Attorney’s Office could conduct research and provide the Council with potential options.
COUNCILMEMBER Councilmember Breceda cautioned that whatever is offered to one BRECEDA resident must be offered to all in order to treat all residents equally.
COUNCIL CONSENSUS Council consensus was reached to table the matter to another meeting so that the City Attorney’s Office can conduct research and provide the Council with options.
ITEM NO. 19D FIRST READING OF ORDINANCE NO. 776 – START TIME OF
FIRST READING OF REGULAR CITY COUNCIL MEETINGS
ORDINANCE NO. 776
START TIME OF
REGULAR CITY
COUNCIL MEETINGS
ORDINANCE NO. 776 Ordinance No. 776, entitled:
INTRODUCED FOR
FIRST READING “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTION 2.04.010 OF THE MUNICIPAL
CODE RELATING TO START TIME OF REGULAR CITY COUNCIL
MEETINGS,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, and unanimously approved.
CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the Consent Calendar, reading by title
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 9
only and waiving further reading thereof, except for Item No. 20K which was removed for separate consideration and Item No. 20O which will be considered at a future meeting. The motion was unanimously approved.
ITEM NO. 20A MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF JULY MINUTES OF THE 24, 2024
SPECIAL AND REGULAR
MEETINGS OF The minutes were approved.
ITEM NO. 20B WARRANTS / DEMANDS / PAYROLL
WARRANTS /
DEMANDS / PAYROLL The warrants / demands / payroll were approved.
ITEM NO. 20C RECORDS DISPOSITION FORMS
RECORDS DISPOSITION
FORMS The records disposition forms were approved and staff was authorized to dispose of the proposed records listed in the disposition forms subject to final approval by the City Attorney’s Office.
ITEM NO. 20D APPROVE RESOLUTION AND MEMORANDUM OF AGREEMENT
APPROVE BETWEEN THE CITIES OF IRWINDALE AND COVINA TO ALLOW
RESOLUTION AND THE SHARING OF DISPATCHER SERVICES
MEMORANDUM OF
AGREEMENT
BETWEEN THE
CITIES OF
IRWINDALE AND
COVINA TO ALLOW
THE SHARING OF
DISPATCHER
SERVICES
RESOLUTION NO. Resolution No. 2024-75-3552, entitled:
2024-75-3552
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITEIS OF IRWINDALE AND
COVINA FOR THE SHARING OF POLICE DISPATCH
PERSONNEL,” was adopted, thereby authorizing the City Manager to enter into a reciprocal agreement between the Cities of Irwindale and Covina for the sharing of Police Dispatcher personnel, subject to final approval as to form by the City Attorney’s Office.
ITEM NO. 20E CITY MANAGER CONTRACT AMENDMENT
CITY MANAGER
CONTRACT
AMENDMENT
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 10
RESOLUTION NO. Resolution No. 2024-65-3542, entitled:
2024-65-3542
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO THE CITY MANAGER EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF IRWINDALE AND JULIAN
MIRANDA,” was adopted.
ITEM NO. 20F CONSIDERATION OF RESOLUTION ACCEPTING A
CONSIDERATION MEMORANDUM OF UNDERSTAANDING FOR EMPLOYEES
OF RESOLUTION REPRESENTED BY THE IRWINDALE MANAGEMENT
ACCEPTING A MOU EMPLOYEES ASSOCIATION (“IMEA”)
FOR EMPLOYEES
REPRESENTED BY THE
IMEA
RESOLUTION NO. Resolution No. 2024-61-3538, entitled:
2024-61-3538
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ACCEPTING A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND
THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION
(“IMEA”) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027,” was adopted.
ITEM NO. 20G CONSIDERATION OF RESOLUTION ACCEPTING A TENTATIVE
CONSIDERATION OF AGREEMENT FOR SUCCESSOR MEMORANDUM OF
RESOLUTION UNDERSTANDING WITH THE IRWINDALE CITY EMPLOYEES ACCEPTING A ASSOCIATION (“ICEA”)
TENTATIVE
AGREEMENT FOR
SUCCESSOR MOU
WITH THE IRWINDALE
ICEA
RESOLUTION NO. Resolution No. 2024-71-3548, entitled:
2024-71-3548
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ACCEPTING A TENTATIVE AGREEMENT FOR A
SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF IRWINDALE AND THE IRWINDALE CITY
EMPLOYEES ASSOCIATION (“ICEA”) FOR THE PERIOD OF JULY
1, 2024, THROUGH JUNE 30, 2027,” was adopted.
ITEM NO. 20H CONSIDERATION OF RESOLUTION ACCEPTING A TENTATIVE
CONSIDERATION OF AGREEMENT FOR SUCCESSOR MEMORANDUM OF
RESOLUTION UNDERSTANDING WITH THE IRWINDALE POLICE OFFICERS’ ACCEPTING A ASSOCIATION (“IPOA”)
TENTATIVE
AGREEMENT FOR
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 11
UCCESOR MOU WITH
THE IPOA
RESOLUTION NO. Resolution No. 2024-74-3551, entitled:
2024-74-3551
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ACCEPTING A TENTATIVE AGREEMENT FOR A
SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF IRWINDALE AND THE IRWINDALE POLICE
OFFICERS’ ASSOCIATION (“IPOA”) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027,” was adopted.
ITEM NO. 20I CONSIDERATION OF RESOLUTIONS APPROVING SALARIES
CONSIDERATION OF AND BENEFITS FOR UNCLASSIFIED MANAGEMENT
RESOLUTIONS EMPLOYEES AND BENEFITS FOR PART-TIME EMPLOYEES
APPROVING SALARIES
AND BENEFITS FOR
UNCLASSIFIED
MANAGEMENT
EMPLOYEES AND
BENEFITS FOR
PART-TIME
EMPLOYEES
RESOLUTION NO. Resolution No. 2024-63-3540, entitled:
2024-63-3540
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2021-116-3238
ADOPTING A SCHEDULE OF SALARIES AND BENEFITS FOR
UNCLASSIFIED MANAGEMENT EMPLOYEES,” and
RESOLUTION NO. Resolution No. 2024-62-3539, entitled:
2024-62-3539
ADOPTED “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,” were adopted.
ITEM NO. 20J CONSIDERATION OF RESOLUTION RELATING TO
CONSIDERATION OF COMPENSATION FOR CITY EMPLOYEES
RESOLUTION RELATING
TO COMPENSATION
FOR CITY EMPLOYEES
RESOLUTION NO. Resolution No. 2024-64-3541, entitled:
2024-64-3541
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO.
2024-45-3522 AND ESTABLISHING THE NUMBER OF
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 12
POSITIONS, SCHEDULE OF CLASSES AND COMPENSATION
FOR CITY EMPLOYEES,” was adopted.
ITEM NO. 20L REGIONAL FOOD RECOVERY PROGRAM LETTER OF
REGIONAL FOOD AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
RECOVERY PROGRAM GOVERNMENTS
LETTER OF
AGREEMENT WITH
THE SGVCOG
RESOLUTION NO. Resolution No. 2024-73-3550, entitled:
2024-73-3550
ADOPTED “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
CALRECYCLE’S ROUND TWO SB 1383 LOCAL ASSISTANCE
GRANT APPLIED FOR BY SGVCOG ON BEHALF OF THE CITY OF
IRWINDALE,” was adopted.
ITEM NO. 20M ACCEPT AND APPROPRIATE $150,000 OF HAZARD MITIGATION
ACCEPT AND GRANT PROGRAM FUNDING FROM THE FEDERAL
APPROPRIATE EMERGENCY MANAGEMENT AGENCY, AND $50,000 FROM THE $150,000 OF HAZARD CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY
MITIGATION GRANT SERVICES PREPARE CALIFORNIA MATCH PROGRAM
PROGRAM FUNDING
FROM FEMA AND
$50,000 FROM THE CA
GOVERNOR’S OFFICE
OF EMERGENCY
SERVICES PREPARE
CA MATCH PROGRAM
RESOLUTION NO. Resolution No. 2024-56-3536, entitled:
2024-56-3536
ADOPTED “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,” was adopted.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 13
ITEM NO. 20N REJECTION OF CLAIM – ANDY CHEN V. CITY OF IRWINDALE REJECTION OF CLAIM –
ANDY CHEN V. CITY
OF IRWINDALE The claim of Andy Chen vs. City of Irwindale was rejected, and staff was directed to send a standard letter of rejection.
ITEM NO. 20O AMENDMENT NO. 1 WITH CALIFORNIA CONSULTING, INC. FOR AMENDMENT NO. 1 GRANT WRITING MANAGEMENT SERVICES
WITH CALIFORNIA
CONSULTING, INC. This item was pulled from the agenda and will be considered at the FOR GRANT WRITING meeting of September 11, 2024.
MANAGEMENT
SERVICES
ITEM NO. 20P PROJECT ACCEPTANCE OF TRAFFIC SIGNAL MODIFICATION PROJECT PROJECT AT ARROW HIGHWAY AND VINCENT AVENUE P-980
ACCEPTANCE OF
TRAFFIC SIGNAL The City Council ratified changes to the original scope of work and MODIFICATION accepted the improvements and maintenance responsibilities for the PROJECT AT ARROW constructed improvements for the Traffic Signal Modifications Project HIGHWAY AND at Arrow Highway and Vincent Avenue p-980; approved the final VINCENT AVENUE construction project amount of $90,900.00 under the construction contract with MSL Electric, Inc.; authorized the City Clerk to record the Notice of Completion; and authorized the Finance Director to release the 5% retention amount for the construction project and make any final project related transactions.
END OF CONSENT CALENDAR
ITEM NO. 20K ADOPT RESOLUTION TO AUTHORIZE THE SIGNING OF
ADOPT RESOLUTION MEASURE A GRANT FUNDING AGREEMENT
TO AUTHORIZE THE
SIGNING OF MEASURE
A GRANT FUNDING
AGREEMENT
MAYOR PRO TEM Responding to several question by Mayor Pro Tem Burrola, Director BURROLA Rodriguez elaborated upon which areas of the park could be updated with the subject funding. He noted existing drainage issues at El Nido Park, to which Director Rodriguez advised that staff would address the problem. He also requested that staff continue monitoring and addressing issues at the other city parks.
RESOLUTION NO. Resolution No. 2024-70-3547, entitled:
2024-70-3547
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING THE CITY MANAGER TO ENTRE
INTO AN ANNUAL ALLOCATION AGREEMENT WITH THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT TO APPLY FOR MEASURE A FUNDING GRANT FOR
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 14
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,” was adopted on the motion of
Mayor Pro Tem Burrola, seconded by Councilmember Breceda, and unanimously approved.
SPONTANEOUS
COMMUNICATIONS
FRED BARBOSA Fred Barbosa made allegations of harassment from city employees against other city employees.
VERONICA BARBOSA Veronica Barbosa Lara made allegations of discrimination from the City toward individuals with disabilities.
PUBLIC HEARINGS None.
CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:
MIRANDA
1) City offices will be closed on September 2 in observance of the Labor Day holiday.
2) An Emergency Preparedness Fair has been scheduled for September 7.
3) Applications are currently being accepted for open positions such as Associate Planner, Engineering Technician, Engineering Intern, Library Tutor, and more.
4) The Irwindale MariachiFest will begin September 5.
5) He also mentioned upcoming Senior Center activities.
FUTURE AGENDA
ITEMS REQUESTED
BY COUNCIL MEMBERS
COUNCILMEMBER Councilmember Ortiz noted dust issues being caused by trucks ORTIZ operating at the Olive Pit and requested that information on the pit’s operations and the amount of time left on their extension be presented at the next Council meeting. Unanimous Council consensus was reached to add the item to a future agenda for further discussion.
COUNCILMEMBER Councilmember Breceda requested an update on the current BRECEDA operations and the proposed development project at the Irwindale Speedway for consideration at an upcoming meeting. Unanimous Council consensus was reached to add the item to a future agenda for further discussion.
CITY COUNCIL MINUTES AUGUST 28, 2024
REGULAR MEETING PAGE 15
MAYOR AMBRIZ Mayor Ambriz asked to discuss the conversion of the Our Lady of Guadalupe Mission into a museum and requested for retiring employees to be given priority when signing up for city trips.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:18 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
User:
Printed:
imarin
9/5/2024 3:58 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
102590 CALIFO56 California State Disbursement Unit 08/22/2024 604.15 102591 CALIFO57 California State Disbursement Unit 08/22/2024 143.07 102592 CALIFO58 California State Disbursement Unit 08/22/2024 100.00 102593 FRANC06 Franchise Tax Board 08/22/2024 467.40
102594 ICEA Irwindale City Employee Assoc. 08/22/2024 923.00 102595 IMEA Irwindale Mgmt Employee Assoc. 08/22/2024 500.00 102596 IRWIND02 Irwindale Police Officers Assoc. 08/22/2024 3,208.00 102597 LOSANG31 Los Angeles County Sheriff's Dept. 08/22/2024 213.63 102598 ARIAS01 Michael Arias 08/22/2024 2,313.00
102599 CAMPOS03 Manuel Campos 08/22/2024 1,374.00
102600 GALLARDC Claudia Carlos 08/22/2024 4,961.59
102601 CORNEJOD Diego Cornejo 08/22/2024 2,313.00
102602 ESTE12 Leticia Esteves 08/22/2024 7.50
102603 HOMEDE Home Depot Credit Services 08/22/2024 2,815.59 102604 OFFICE03 ODP Business Solutions, LLC 08/22/2024 8.81 102605 STROBE03 Gary Strobehn 08/22/2024 415.07
102606 TAPIA11 Sylvia Tapia 08/22/2024 4,961.59
102607 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 08/22/2024 724.00 102608 AT&T06 AT & T 08/22/2024 1,756.93
102609 NEST01 Blue Triton Brands, Inc. 08/22/2024 1,477.57 102610 CABI01 Nabor Cabibil 08/22/2024 300.00
102611 CALIFO25 California Library Association 08/22/2024 250.00 102612 CAMPOS03 Manuel Campos 08/22/2024 187.79
102613 CONCE01 Concentra 08/22/2024 229.00
102614 CONDOR02 Condor Outdoor Products 08/22/2024 1,217.45 102615 COUNTY13 Dept of Auditor-Controller County of Los Angeles 08/22/2024 983.56 102616 PMIDEN Delta Dental Insurance Company 08/22/2024 628.01 102617 PMIDEN01 Delta Dental of California 08/22/2024 13,482.04 102618 FRONT01 Frontier Communications 08/22/2024 367.02 102619 HERNAN25 Christian Hernandez 08/22/2024 300.00
102620 HINDER Hinderliter, De Llamas & Assoc 08/22/2024 447.48 102621 HOMEDE Home Depot Credit Services 08/22/2024 2,042.53 102622 JOHN01 Roger William Johnson 08/22/2024 2,600.00 102623 JONES03 Richard D Jones, A Professional Law Corporation 08/22/2024 3,624.27 102624 LACOPO LACPCA 08/22/2024 300.00
102625 NIETO01 Laura Nieto 08/22/2024 52.80
102626 OFFICE03 ODP Business Solutions, LLC 08/22/2024 2,549.41 102627 OPTUM01 OptumRx, Inc. 08/22/2024 32,507.52
102628 OROSCON Natalie Orosco 08/22/2024 75.00
102629 ORTIZH H. Manuel Ortiz 08/22/2024 844.44
102630 REGIST01 Registrar-Recorder/County Clerk 08/22/2024 43.00 102631 RICOH02 Ricoh USA, Inc 08/22/2024 1,673.13
102632 ACCOUN Robert Half 08/22/2024 1,105.63
102633 SECT01 Sectran Security Inc. 08/22/2024 125.07
102634 VISION01 Vision Service Plan - (CA) 08/22/2024 2,024.19 102635 VISION01 Vision Service Plan - (CA) 08/22/2024 4,618.73 102636 YEUNG01 Sanny Yeung 08/22/2024 7.50
AP Checks by Date - Summary by Check Number (9/5/2024 3:58 PM) Page 1
Check No Vendor No Vendor Name Check Date Check Amount
102640 INTU01 Intuvision 08/29/2024 700.00
102641 OFFICE03 ODP Business Solutions, LLC 08/29/2024 126.71 102642 OLIVAR03 Sandro Olivares 08/29/2024 259.06
102643 AMERIFID American Fidelity Assurance 08/29/2024 9,090.22 102644 AZUSALW Azusa Light & Water 08/29/2024 887.50
102645 CALIFO02 California American Water 08/29/2024 6,106.27 102646 CARDEN01 Rudy Cardenas 08/29/2024 150.00
102647 CHARTE01 Charter Communications 08/29/2024 369.66 102648 GAMEZ01 Pablo Gamez 08/29/2024 55.06
102649 INTU01 Intuvision 08/29/2024 2,065.00
102650 JOHN01 Roger William Johnson 08/29/2024 1,200.00 102651 LANCES Lance, Soll & Lunghard LLP 08/29/2024 3,950.00 102652 PADILLAM Melissa Marez 08/29/2024 60.00
102653 MONCA01 Henry Moncada 08/29/2024 177.78
102654 OLIVAR01 Theresa Olivares 08/29/2024 91.96
102655 PALACI01 Joanna Palacios 08/29/2024 74.92
102656 PURCHA Purchase Power 08/29/2024 7.50
102657 ROD22 Rosie Rodriguez 08/29/2024 12.00
102658 STANDA01 Standard Insurance Co. RV 08/29/2024 465.45 102659 STATEO01 State Of California 08/29/2024 194.00
102660 TACO01 Tacos El Pau 08/29/2024 1,379.70
102661 WILL01 April Williams 08/29/2024 450.00
102662 BAKER01 Baker & Taylor Books 09/11/2024 43.07
102663 CITYOF23 City Of West Covina 09/11/2024 9,300.00 102664 CONVER Converse Consultants, Inc. 09/11/2024 7,621.34 102665 COUNTY04 County of Los Angeles 09/11/2024 12,302.77 102666 LOSANG33 County of Los Angeles 09/11/2024 4,460.91 102667 GEOLOG Geologic Associates 09/11/2024 25,468.94
102668 PROPRINT Pro Printing, Inc. 09/11/2024 425.57
102669 SIERRA01 Sierra Chevrolet 09/11/2024 134.00
102670 LEES01 Chad A. Streelman 09/11/2024 432.18
102671 WESTCO05 West Coast Arborists, Inc. 09/11/2024 15,792.51 102672 ACCO01 ACCO Engineering Systems 09/11/2024 1,022.83 102673 AREAD Area "D" 09/11/2024 1,000.00
102674 ASSA01 Assa Abloy Entrance System US Inc 09/11/2024 3,612.58 102675 BAKER01 Baker & Taylor Books 09/11/2024 75.57
102676 BAKER10 Bakers Man Production 09/11/2024 1,000.00 102677 Cat Spec Cat Specialities Inc 09/11/2024 2,413.34 102678 CINTAS Cintas Corporation #693 09/11/2024 456.18 102679 CITYOF23 City Of West Covina 09/11/2024 1,050.00 102680 CONVER Converse Consultants, Inc. 09/11/2024 7,145.01 102681 DEPTOF02 County of LA Dept of Animal Care & Control09/11/2024 12,615.71 102682 FRAZ01 Frazier Capitol Valuation, Inc 09/11/2024 1,800.00 102683 FWEP01 FWEP Aquisitioin Inc 09/11/2024 225.46
102684 IWORQ01 IWorQ Systems Inc 09/11/2024 2,600.00
102685 KANO01 Kanopy Inc. 09/11/2024 2,400.00
102686 LANDSC Landscape Warehouse III Inc. 09/11/2024 83.46 102687 LOSANG20 Los Angeles County Fire Dept. 09/11/2024 2,099.00 102688 MAINTE01 Maintex 09/11/2024 3,318.50
102689 MIDAS Manuel C Muratalla 09/11/2024 594.49
102690 MARIPO Mariposa Landscapes, Inc. 09/11/2024 9,606.54 102691 MOTOR02 Motorola Solutions 09/11/2024 27,210.60
102692 NAN01 Nancy K Bohl Inc 09/11/2024 2,083.00
102693 OFFICE03 ODP Business Solutions, LLC 09/11/2024 747.83 102694 RIGHT01 Right of Way, Inc. 09/11/2024 240.90
102695 TRIANG01 Triangle Truck Parts 09/11/2024 38.68
102696 TUMBLE01 Tumbleweed Press Inc. 09/11/2024 1,278.40 AP Checks by Date - Summary by Check Number (9/5/2024 3:58 PM) Page 2
Check No Vendor No Vendor Name Check Date Check Amount
102697 UNITED11 United Site Services of CA Inc 09/11/2024 589.50 102698 WESTCO05 West Coast Arborists, Inc. 09/11/2024 4,667.25 Report Total (106 checks): 295,702.38
AP Checks by Date - Summary by Check Number (9/5/2024 3:58 PM) Page 3
Item #19.C.
Date: September 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading of Ordinance No. 776
City Manager's Recommendation:
Adopt on second reading Ordinance No. 776 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTION 2.04.010 (“COUNCIL MEETINGS”) OF CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE IRWINDALE MUNICIPAL CODE RELATING TO START TIME OF REGULAR CITY COUNCIL MEETINGS" reading by title only and waiving further reading thereof.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At the meeting of August 28, 2024, the City Council introduced for first reading Ordinance No. 776, which would amend Section 2.04.010 ("Council Meetings" of Chapter 2.04 ("City Council") of Title 2 ("Administration and Personnel") of the Irwindale Municipal Code relating to the start ime of regular City Council meetings.
It would now be appropriate for the City Council to adopt Ordinance No. 776 on second reading.
Fiscal Impact:
None
Attachments:
1. Ordinance No. 776
01005.0001/1010208.1 Ordinance No. 776
ORDINANCE NO. 776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AMENDING SECTION 2.04.010 (“COUNCIL MEETINGS”) OF CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE IRWINDALE MUNICIPAL CODE RELATING TO START
TIME OF REGULAR CITY COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2.04.010 (“Council Meetings”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the Irwindale Municipal Code is hereby amended in its entirety and shall read as follows (strikethrough represents deleted language while bold underlined italics represents added language):
2.04.010 Council meetings. There shall be two regular meetings of the City Council and all of its agencies during each calendar month and such meetings shall be held on the second and fourth Wednesdays thereof, at the hour of six-thirty p.m. six p.m.; provided, however, that if the date of any such regular meeting falls on a holiday, said regular meeting may not be held that holiday, but may be canceled or re-scheduled, as deemed necessary. The meetings will be held in the city council chambers at City Hall or at such other places within the city limits of the city as the city council may, from time to time, provide. Any regular meeting may be adjourned from time to time, and special meetings may be called in the manner provided by law.
SECTION 2. The Chief Deputy City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted according to law.
PASSED, APPROVED, AND ADOPTED this ____day of _______ 2024 _______________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 776
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California do hereby certify that the foregoing Ordinance No. 776 was introduced at a regular meeting of the City Council of the City of Irwindale held on the 28th day of August 2024, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the ____ day of ______ 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 776, adopted by the City Council of the City of Irwindale at its regular meeting held _____________ to be posted at the City Hall, Library, and Post Office on _________________. ___________________________ Dated:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #19.D.
Date: September 11, 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 (Continued from August 28, 2024)
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
3. California Consulting, Inc. Contract (2023)
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.
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
CALIFORNIA CONSULTING, INC.
This AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this 23rd day of August, 2023 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (" City") and CALIFORNIA CONSULTING, INC., a California corporation (" Consultant"). City and Consultant are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties." NOW, THEREFORE, the parties hereto agree as follows:
a) SERVICES OF CONSULTANT
1. 1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the " Scope of Services" attached hereto as Exhibit " A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1. 2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1. 3 Licenses Permits Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1. 4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit " B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit B" shall govern.
b) COMPENSATION
2. 1 Contract Sum. 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 Fifty -Seven Thousand Six Hundred Dollars and No Cent ($ 57, 600. 00) Contract Sum").
2. 2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City' s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall 01005. 0001/ 916269. 1
detail charges for all necessary and actual expenses by the following categories: labor ( by subcategory), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty ( 30) days of receipt of Consultant' s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2. 3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in ( i) the Contract Surn for the actual cost of the extra work, and/or ( ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($ 5, 000) or in the time to perform of up to ninety ( 90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. c) PERFORMANCE SCHEDULE
3. 1 Time of Essence. Time is of the essence in the performance of this Agreement.
3. 2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the " Schedule of Performance" attached hereto as Exhibit " D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3. 3 Force Maieure. The time period( s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including the City, if the Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing ofthe causes of the delay. The Contract Officer shall 01005, 0001/ 916269. 1 - 2-
ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer' s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant' s sole remedy being extension of the Agreement pursuant to this Section.
3. 4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one ( 1) year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit " D").
d) COORDINATION OF WORK
4. 1 Representative of Consultant. Steve N. Samuelian, CEO is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and subcontractors, and shall keep City informed of any changes.
4. 2 Contract Officer. Theresa Olivares, or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (" Contract Officer").
4. 3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4. 4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
e) INSURANCE AND INDEMNIFICATION
5. 1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
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a) Commercial General Liabili Insurance Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $ 1, 000, 000. 00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. b) Worker' s Compensation Insurance. A policy of worker' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
c) Automotive Insurance Form CA 0001 Ed 1/ 87 includin " an auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either ( i) bodily injury liability limits of $ 100, 000 per person and $ 300, 000 per occurrence and property damage liability limits of $150, 000 per occurrence or ( ii) combined single limit liability of $ 1, 000, 000. Said policy shall include coverage for owned, non -owned, leased, hired cars, and any other automobile.
d) Professional Liability. Professional liability insurance appropriate to the Consultant' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant' s services or the termination of this Agreement. During this additional 5- year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit ` B".
f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5. 2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant' s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention. All of said policies of insurance shall provide that said insurance may not be amended 01005. 0001/ 916269. 1 - 4-
or cancelled by the insurer or any party hereto without providing thirty ( 30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5. 1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated " A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City' s Risk Manager or other designee ofthe City due to unique circumstances.
5. 3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or arising from.
Consultant' s or indemnitors' reckless or willful misconduct, or arising from. Consultant' s or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City' s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. f) RECORDS, REPORTS, AND RELEASE OF INFORMATION
6. 1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6. 2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance ofthe services required by this Agreement or as the Contract Officer shall require.
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6. 3 Confidentiali and Release of Information.
a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives the City notice of such court order or subpoena.
c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Consultant' s conduct.
d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6. 4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials ( the " documents and materials") prepared by Consultant in the performance of this Agreement shall be the property ofthe City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as " works made for hire" as defined in 17 U.S. C. § 101, such documents and materials are hereby deemed works made for hire" for the City.
g) ENFORCEMENT OF AGREEMENT AND TERMINATION
7. 1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court ofthe County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 01005. 0001/ 916269. 1 - 6-
7. 2 Disoites; Default. In the event that Consultant is in default under the terms ofthis Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7. 3 Leizal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7. 4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value ofthe work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7. 2.
7. 5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7. 2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 01005. 0001/ 916269. 1 - 7-
completion of the services required hereunder exceeds the compensation herein stipulated provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set- off or partial payment of the amounts owed the City as previously stated.
h) MISCELLANEOUS
8. 1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8. 2 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8. 3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer ( with her/ his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706t and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two 72) hours from the time of mailing if mailed as provided in this Section.
8. 4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8. 5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforeeability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8. 6 Waiver. No delay or omission in the exercise of any right or remedy by non -defaulting party on any default , shall impair such right or remedy or be construed as a waiver. A party' s consent to or approval of any act by the other party requiring the party' s consent or approval shall not be deemed to waive or render unnecessary the other party' s consent to or approval of any subsequent act. Any waiver by either party of any default must be in 01005. 0001/ 916269. 1 - 8-
writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8. 7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney' s fees, whether or not the matter proceeds to judgment.
8. 8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8. 9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8. 10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/ her financial interest or the financial interest of any corporation, partnership, or association in which ( s) he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of " financial interest" shall be consistent with State law and shall not include interests found to be " remote" or " noninterests" pursuant to Government Code Sections 1091 or 1091. 5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that ( s) he/ it has not engaged in any act( s), omission( s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act( s), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant' s Authorized Initials
8. 11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns ofthe parties.
Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.
1 M. Nieto, MMC
Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & DER, P
iz
Adrian R. Guerra, City Attorney
CITY:
CITY OF IRWINDALE, a municipal corporation
Jul' A. Miranda, City Manager
CONSULTANT:
CALIFO IA CONSULTING, INC.
By:
e: Steven N. Samuelian
Title: CEO
By: // L__
ame: S+ 2 V e_ ScLv -. ue ti o- r)
Title: e. SiPti
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/ 916269. 1 - 10-
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2023 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/ tbeir authorized capacity( ics), and that by his/ ber/ 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
INDIVIDUAL
CORPORATE OFFICER
TITLE( S)
PARTNER( S) LIMITED
GENERAL
ATTORNEY - IN -FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
El OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES))
01005. 0001/ 9I6269. 1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2023 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 Iaws 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
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))
01005, 0001/ 916269. 1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
EXHIBIT " A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Needs Assessment ( Meetings with Department Heads to review priorities and funding needs): Consultant to conduct an in- depth Needs Assessment for the City.
Consultant will assign City with a lead Project Manager. The Project Manager will communicate regularly with the City and on an ongoing basis. This relationship building between the City and the Consultant is key to keeping the grants pursued on target with the City' s overall goals. Sample questions asked during the Needs Assessment:
1. List and describe any program initiatives or priority projects.
2. What needs, projects, or content areas would you like to target for funding? You can list specific projects or general areas in which you have funding needs.
3. List any grants for which you are considering applying or have decided to apply.
In addition, please list what kind of grant -writing support would be helpful for each grant.
4. List past grants that your agency has received.
5. List past grant applications you would like to revise and submit again.
B. Facilitation of Department Decision Making Processes: Consultant' s Project Managers are experts on grant identification. With years of experience, City' s assigned Project Manager shall assist City staff in deciding which grants make the most sense to meet the funding needs identified.
C. Grant Research and Identification: Consultant' s Project Manager' s conduct thorough research on an ongoing basis. Consultant will track current and upcoming grants, advising City on available grants and recommend grants based on City' s needs. By regularly tracking grant announcements, Consultant is able to present grant opportunities to the City as soon as they are released. Consultant will provide City with a monthly Grant Activity Report detailing the grants available, grants in progress and grants submitted. Consultant will provide City with available grant opportunities on an ongoing basis.
D. Client Commitment: As Consultant identifies grants that meet the City' s needs and funding priorities, the Consultant' s Project Manager will advise the City of the estimated time commitment required from City staff.
E. Grant Preparation Process: When City staff and Consultant agree to pursue a grant, a checklist and schedule will be developed. The checklist and schedule will include City responsibilities and submission deadlines. Consultant requires City staff to be involved in the grant preparation process and to provide the requested and required information. The Consultant' s Project Manager will provide the City with grant portions along the way to review for content accuracy. City engagement in this process results in a higher quality application. Consultant retains copies of all grants submitted. Successful grant applications are used by the Consultant as a guide for future grants. Below is a list of general tasks for the Consultant' s grant process:
01005. 0001/ 916269A B- 1
1. Create a task timeline with due dates
2. Ensure the proposed project meets the City' s requirements
3. Review similar successful grant applications and apply where possible
4. Collect information on the project
5. Meet with City staff to create an accurate scope of work, budget, timeline, narratives, and cost analysis
6. Obtain letters of support when necessary
7. Draft proposals and send to City for review
Incorporate City edits in final drafts
9. Submit completed application timely
10. Monitor funding agency until grant awards are announced.
F. Quality Assurance: Consultant' s Grant Managers will meet individually with its Project Manager to review the City' s needs. These meetings will thoroughly discuss the City' s needs, what grants are being worked on and what additional grants may be a good fit.
Consultant ensures the best quality product before the grant application is submitted.
G. Facilitation of Partnership Meetings: Consultant' s Project Managers will arrange and schedule meetings with key City personnel to review all grants prior to submission to ensure application accuracy.
H. Timely Submission: Consultant will create a precise timeline to ensure the grant is submitted on time. This timeline captures the submission deadline, and other deadlines in order to obtain the information needed for a quality submission.
I. Funding Agency Monitoring: Consultant will monitor the Funding Agency until grant awards are announced.
J. Grant Administration: Some grants require post award compliance, reporting and administration. Consultant will prepare required reports and submit them by the required due date. The Contract Sum includes grant administration services by the Consultant. If the grant award includes post award compliance funding, the City may 1) perform the grant administration using the post award compliance funding; or 2) solicit bids or proposals from vendors to perform the grant administration using the post award compliance funding.
K. Monthly Progress Reporting: Consultant will prepare a monthly report reflecting grants in progress, grants submitted and grants awarded. This will provide the City with a clear report of the Consultant' s work.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Copies of all post -grant award filing of documents required by the awarding entity.
01005. 0001/ 916269. 1
IIf. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Steven N. Samnelian, CEO
01005. 000 v916269. I
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
1. Section 8. 12 is added to this agreement by adding the following language:
8. 12 No Guaranteed Result: City acknowledges and agrees that Consultant does not have control over third parry decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results.
Consultant, however, shall act in good faith toward the performance of its duties described above."
01005. 0001/ 916269. 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 fixed rate of Four Thousand Five Hundred dollars 4,500.00) per month, irrespective of the number of hours that Consultant actually spends providing said services.
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 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 rate for the Services as specified in Section I above and maximum amount of monthly expenses as specified in Section III above.
C- 1
01005. 0001/ 916269. 1
EXHIBIT " D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effective until August 31, 2024.
H. The Services, as specified in Section I of Exhibit A, shall be performed in accordance with the following schedule.
Task Deadline
Task I: Grant Research All times during the term of this Agreement Task 2: Advisory Services As requested by the contract Officer Task 3: Administration As required by awarding entity and any established deadlines; and in a manner to
ensure City has sufficient time to provide
any documentation timely to the awarding
entity when applicable
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3. 2.
D- 1
01005. 0001 / 916269. 1
Item #21.A.
Date: September 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Adopt Resolution No. 2024-72-3549 Appointing a Voting Delegate for 2024 League of California Cities Annual Conference – Annual Business Meeting City Manager's Recommendation:
Adopt Resolution No. 2024-72-3549, appointing a voting delegate and up to two alternate voting delegates to represent the City of Irwindale at the Annual Business Meeting to be held at the 2024 League of California Cities Annual Conference in Long Beach, California.
Administrative Action:
Submitted / Reviewed by :
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The 2024 League of California Cities Annual Conference is scheduled for October 16 - 18, 2024 in Long Beach, California. As part of the annual conference, the League will be holding the Annual Business Meeting at 12:30 p.m. on Friday, October 18, 2024 at the Long Beach Convention Center.
At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order for the City of Irwindale to vote at the meeting, it is necessary for the City
Council to designate a voting delegate. The City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the primary delegate is unable to serve in that capacity.
Fiscal Impact:
None
Attachments:
1. 2024 Cal Cities Voting Delegate Information Packet
2. Resolution No. 2024-72-3549 Appointing Voting Delegate LOCC
3. 2024-Resolutions-Packet
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
Resolution No. 2024-72-3549
RESOLUTION NO. 2024-72-3549
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPOINTING A VOTING DELEGATE AND ALTERNATE(S) FOR THE
2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the City of Irwindale is a full voting member of the League of California Cities (League); and
WHEREAS, the League takes positions on matters affecting cities throughout the state, including but not restricted to sponsoring legislation, taking joint positions on pending legislation, and placing voters’ initiatives on the ballot; and WHEREAS, the Board of Directors of the League of California Cities places matters for the cities’ collective consideration on the agenda for the business meeting at the League’s annual conference which is taking place in Long Beach, California on October 16 – 18, 2024; and
WHEREAS, the League requires each city seeking to vote on those matters to authorize by resolution its Mayor or other elected officials to formally represent the city, participate in the business meeting and vote on behalf of the city.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines, and orders as follows:
SECTION 1. The City Council determines that each of the findings set forth above is true and correct.
SECTION 2. The City Council of the City of Irwindale hereby appoints ____________ as the voting delegate and _______________ as the alternate voting delegate for the League of California Cities Annual Conference.
SECTION 3. The Chief Deputy City Clerk is authorized to inform the League of the appointments.
SECTION 4. This resolution shall take effect immediately following its adoption.
PASSED,
APPROVED AND ADOPTED this 11th of September, 2024.
______________________
Resolution No. 2024-72-3549
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. 2024-72-3549 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the ____ day of September 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
2024
Resolutions
Packet
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2
2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3
2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4
2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5
2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6
2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7
2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8
2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9
July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10
11
12
13
14
15
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16
League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17
9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18
proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20
of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21
Item #21.B.
Date: September 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Los Angeles County Building and Safety Services
City Manager's Recommendation:
That the City Council (1) Receive and file the Los Angeles County Building & Safety service contract termination; (2) Discuss and approve Option 1 regarding staffing for the City’s Building and Safety Division; (3) Continue with previously adopted Los Angeles County Building Codes Ordinance No. 769, and Fee Schedule Resolution No. 2012-53-2592; (4) Adopt Resolution No. 2024-69-3546 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A NEW JOB
CLASSIFICATION AND ASSOCIATED JOB SPECIFICATION AND APPROVING UPDATES TO AN EXISTING JOB SPECIFICATION”; (5) Adopt Resolution No. 2024-76-3553 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-64-3541,
AND ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES AND APPROVING APPROPRIATION OF FUNDS.”
Administrative Action:
Submitted/Prepared by:
Theresa Olivares, Assistant City 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 June 24, 2024, the City of Irwindale (City) received a letter from the County of Los Angeles Department of Public Works (County) formally terminating the 60+ year contract for Building and Safety services (B&S) with the City (Attachment “A”). As stated in the letter, the County's contract will terminate on December 31, 2024, to allow for a transition period and ensure the City has adequate time to continue providing B&S. However, the County has indicated that this deadline is flexible, provided that the City demonstrates progress in assuming responsibility for the B&S Division. The County acknowledges that this transition process may be lengthy and is committed to ensuring that all ongoing projects are either properly closed out or smoothly transitioned to the City's oversight.
The B&S Division is responsible for monitoring and enforcing all building safety codes and regulations to protect the health, safety, and general welfare of the community. B&S includes plan checks, building inspections, and building official services.
Below are the three (3) options for the City Council to consider for B&S:
1. Combination of City Staff and Contract Services: Requires three (3) full-time staff to facilitate B&S, including a Permit Technician, a Building Inspector, and a Building Plans Examiner. These three (3) positions will be supplemented with on-call contract services.
2. Fully Staffed Building and Safety Division: Requires a minimum of eight (8) full-time staff to facilitate B&S. Staff includes a Permit Technician, a Building Inspector, and a Building Plans Examiner, plus Mechanical, Electrical, Plumbing, and Structural Plans Examiners, and a Geotechnical Reviewer.
3. Contract Services: All services related to B&S (permit clerk, plans examiners, and building inspection services) would be contracted to a third-party service provider.
Option 1, a combination of City Staff and Contract Services, is the most ideal and costeffective of the three options and offers the greatest flexibility to meet the Departments’ needs while delivering a high level of service to our customers. Option 1 effectively balances cost and service quality, leveraging both in-house expertise and external resources to optimize performance.
Option 1 also requires the City Council to adopt resolutions establishing a classification plan, salaries, and other forms of compensation for the recommended positions as stated in Article
VIII, Section 803 of the City Charter. Additionally, 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.
Classification Resolution No. 2024-69-3546
If the City Council approves our recommendations, staff recommends approval of Resolution No. 2024-69-3546, which approves and adopts the new Building Inspector job classification and associated job specification and updates the Building Permit Technician job specification to Permit Technician.
The City met and conferred with representatives of the Irwindale City Employees Association (ICEA) regarding the new classification, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.).
Compensation Resolution No. 2024-76-3553
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 August 28, 2024, through the City Council's adoption of Resolution No. 2024-64-3541. The salary range schedule incorporated in proposed Resolution No. 2024-76-3553 reflects the following personnel adjustments:
1. Fund one (1) represented, classified full-time Building Inspector position.
2. Fund one (1) represented, classified full-time Permit Technician position This Resolution meets the requirements for a publicly available pay schedule as required by CalPERS (2 C.C.R. §570.5.)
ANALYSIS
Below is a breakdown of the criteria analyzed and evaluated for staffing & contract services, permit software, furniture & equipment, training, building code & fee schedule, timeline & implementation, and cost.
1. STAFFING & CONTRACT SERVICES:
a. Option 1: Requires three (3) full-time positions: Permit Technician, Building Inspector, Building Plans Examiner, and on-call contract services
• Permit Technician – This role involves managing the permitting process, assisting applicants with the submission of plans and documents, tracking permit applications, providing customer service related to building and safety services, and offering technical and administrative support to the department.
Salaries & Benefits - $141,860
• Building Inspector –This role inspects construction projects and ensures
compliance with safety, legal, and regulatory requirements, verifying that all materials meet quality standards. The Building Inspector will enforce building codes and regulations to protect public interests.
Additionally, staff recommends utilizing on-call, as-needed Building Inspector services to supplement the full-time staffing needs in this area.
Salaries & Benefits - $160,560
• Building Plans Examiner – This role reviews construction documents for completeness, accuracy, and compliance with applicable building codes, ordinances, zoning regulations, and City standards. Also, monitors and communicates with applicants and other departments and divisions.
Salaries & Benefits - $186,560
• Mechanical, Electrical, Plumbing, and Structural Plans Examiners. These roles require specialized knowledge to ensure safety and compliance with building codes. To meet the service demands and benefit from specialized experience, the City will also be contracting on-call services for plan checks.
Fees will be determined by RFP.
b. Option 2: Requires a minimum of eight (8) full-time staff to facilitate B&S. Staff includes the same three (3) positions listed in Option 1, plus a Mechanical, Electrical, Plumbing, and Structural Plans Examiners, and a Geotechnical Reviewer.
M - Salaries & Benefits – Approx. $157,500*
E - Salaries & Benefits – Approx. $175,000*
P - Salaries & Benefits – Approx. $157,000*
Structural - Salaries & Benefits – Approx. $218,750*
Geotechnical - Salaries & Benefits – Approx. $218,750*
*These are estimates as salary surveys have not been completed for these positions. c. Option 3: All B&S services are provided by a contractor to provide over-the-counter plan check and building inspection services Monday through Thursday from 7:00 a.m. to 6:00 p.m., with morning inspections provided on Fridays from 7:00 a.m. to 12:00 p.m.
2. PERMIT SOFTWARE:
With the County’s service contract terminating, the City will need to acquire B&S permitting software for which an RFP will be required and brought back to the City Council for approval at a later date.
Implementing the permitting software could take an upward of twelve (12) months.
3. FURNITURE & EQUIPMENT:
a. Option 1 & 2: The City will need to acquire five (5) desks, three (3) to eight (8) computers, six (6) to sixteen (16) monitors, two (2) to four (4) AutoCAD software licenses. Building Inspector will require a City-issued cell phone, laptop/iPad with Wi-Fi connection (for accessing
the City’s network while on the field), uniform shirts and safety boots. b. Option 3: Furniture will be provided by the City and the equipment (i.e., computers, monitors, etc.) will be provided by the contractor.
4. TRAINING:
a. Option 1 & 2: All positions will require ongoing training to stay current with codes and regulations and to maintain or obtain necessary certifications. b. Option 3: Contractor will provide for own employees.
5. BUILDING CODE & FEE SCHEDULE: The City adopted the latest Los Angeles County Building Code (2023 Edition) (LACBC) and LA County's Permit Fee Schedule on May 24, 2023. Staff has evaluated adopting the California Building Code (CBC) or continuing with the LACBC. Given that the City has adopted the LACBC for over 60 years, the City's operations have become integrated with the LACBC. Therefore, it is recommended that the City continue to adopt the LACBC, which includes the LA County Permit Fee Schedule.
6. TIMELINE & IMPLEMENTATION:
a. Option 1: Recruitment for the Permit Technician and Building Inspector positions would commence upon Council's approval and take approximately three (3) to six (6) months to fill.
The Building Plans Examiner position will be brought forth for City Council consideration during the FY 2025-2026 budget process.
Currently, the City’s Classified Position List includes one frozen and unfunded Building Permit Technician position at Salary Range 37. It is recommended that the current Building Permit Technician job specification be updated to reflect the new title of Permit Technician. The salary range will remain at Range 37.
Since this position is not currently listed in the City’s Job Classifications, the Human Resources/Risk Manager created a job description and conducted a salary survey.
The Building Inspector position is recommended in the salary range of 44 ($73,893 - $89,817 annual base salary). The job description for the Building Inspector position is included in this staff report for approval.
This position does not currently exist in the City’s Job Classifications, the Human Resources/Risk Manager will need to develop a job description and conduct a salary survey. Based on a preliminary survey, the estimated salary range for this position is 52 ($90,030 - $109,433 annual base salary). The final salary range will be determined upon completion of the job description and position requirements.
Currently, these job positions are not included in the City’s Job Classifications list, so the Human Resources/Risk Manager will need to develop new job descriptions and conduct a salary survey. Based on staff’s preliminary assessments, the recommended base salary range for these positions is estimated to be between
$90,000 and $125,000 annually. The final salary range will be determined upon completion of the job description and requirements.
Simultaneously, staff will work on acquiring permitting software and on-call contractors.
b. Option 2: Three (3) phased recruitment over a 24-month period. Phase I: Permit Technician, Building Inspector, and Building Plans Examiner. Phase II: Mechanical, Electrical, and Plumbing Plans Examiners. Phase III: Recruitment for the Structural and Geotechnical Plans Examiners.
Phase I recruitment will allow incoming staff to shadow County staff and transition services to the City. Additionally, new hires will be cross-trained to assist with other engineering tasks, supporting broader departmental needs beyond the B&S services.
Concurrently, staff will work on acquiring permitting software and on-call contractors. c. Option 3: An RFP will be issued for B&S services and permitting software and brought to the City Council for approval. It will take approximately six (6) to nine (9) months to solicit and transition from the County.
The range for B&S contracts typically ranges from 45% to 55% of the Plan Check and Building Permit fee collected. Using the median of 50% based on the total fees collected for the fiscal year 2023-24, the estimated contract price would be approximately $2,000,000.
7. COST:
Description Option 1 Option 2 Option 3
Staffing/Contractor $1,100,000 $1,450,000 $2,000,000
Permit Software $250,000 $250,000 $250,000
Furniture & Equipment $15,000 $40,000 -
Training $10,000 $20,000 -
TOTAL $1,375,000 $1,760,000 $2,250,000
CONCLUSION:
Based on staff analysis and evaluation, Option 1 will produce the best result in both service and cost-effectiveness. In addition, transitioning from a County full contract service to a hybrid method involving a combination of both staff and contractor will allow us to increase productivity, maintain service continuity and schedule. Further, hiring of city staff will allow the department to simultaneously work on multiple projects and keep up with work demands.
Also, it will help with team building efforts, collaborations, cross-training, and succession planning of the department. Furthermore, by acquiring permitting software, the city will be able to collect and maintain important city records pertaining to current and future development projects.
Staff is recommending and seeking City Council approval for the selection of Option 1 for the future viability of the B&S services.
Fiscal Impact:
The annual cost of salaries and benefits for the Permit Technician and Building Inspector is $302,420 ($141,860 + $160,560) respectively. The timeline for the recruitment could take anywhere from three (3) to six (6) months. Therefore, with the adoption of Resolution No. 2024-76-3553, staff is seeking authorization to amend the Fiscal Year 2024-2025 Adopted Budget Salaries and Benefits related accounts in Public Works Engineering Department by appropriating from the General Fund reserves for only half of the fiscal year equaling $151,210 ($302,420 / 2). Since the hire date, salary step, and benefits provided is yet unknown, an accounting of the actual amount will be provided to the City Council during the Mid-Year presentation.
For all the other items listed under above-mentioned option(s), depending on the City Council’s direction, staff will ask for appropriate funding at the time of contract award and/or acquisition of the equipment and software.
Attachments:
1. Los Angeles County Department of Public Works Letter
2. Resolution No. 2024-69-3546
3. Resolution No. 2024-76-3553
Resolution No. 2024-69-3546
RESOLUTION NO. 2024-69-3546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING A NEW JOB CLASSIFICATION AND
ASSOCIATED JOB SPECIFICATION AND APPROVING UPDATES TO AN
EXISTING JOB SPECIFICATION
WHEREAS, Article VIII, Section 800 of the City Charter authorizes the City Council to designate miscellaneous and safety employee positions from time to time; and WHEREAS, 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; and WHEREAS, Section 2.05 of the City of Irwindale Personnel Rules, as adopted by the City Council in Resolution No. 2023-88-3466 on December 13, 2023, states that the Personnel Officer shall determine the duties and responsibilities of all City positions for inclusion in a Classification Plan, which shall be adopted by the City Council; and
WHEREAS, on August 28, 2024, the City Council adopted Resolution No. 2024-64-3541 establishing the number of positions, schedule of classes, compensation, and benefits for City employees; and
WHEREAS, the City desires to add one new job classification with associated job specification; and
WHEREAS, the City desires to update the existing Building Permit Technician job specification in order to provide a current and accurate description of the various duties performed; and
WHEREAS, the City has met and conferred with the representatives of the Irwindale Municipal Employees Association (ICEA) regarding the proposed actions herein, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.); and WHEREAS, concurrently herewith, the City intends to adopt Resolution No. 2024-76-3553 to replace 2024-64-3541, establishing the number of positions, schedule of classes, and compensation for all City employees.
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.
SECTION 2. Personnel Job Classification and Associated Job Specification Ordered Approved and Adopted.
The City Council hereby approves and adopts the Building Inspector job classification and associated job specification attached hereto as Exhibit A.
SECTION 3. Job Specification Ordered Updated and Adopted.
The City Council hereby approves and adopts the updated Permit Technician job specification attached hereto as Exhibit B.
Resolution No. 2024-69-3546
SECTION 4. Certification
The Chief Deputy City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 11th day of September 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. 2024-69-3546 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on September 11, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________________
Laura Nieto, Chief Deputy City Clerk
EXHIBIT A
CITY OF IRWINDALE
BUILDING INSPECTOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general direction, performs residential, commercial, and industrial building inspection duties at various stages of construction, alteration, and repair; reviews plans and prepares permit documentation for residential, commercial, and industrial projects; ensures compliance with building code regulations, local ordinances and state laws; responds to questions and inquiries from the general public, developers, contractors, engineering professionals, and City staff regarding projects; and performs other related duties as assigned.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Inspects industrial, commercial, and residential buildings during various stages of construction and remodeling to ensure compliance with applicable codes, ordinances, and regulations.
2. Examines plans and specifications of new construction, additions, and alterations to residential, commercial, and industrial buildings to determine compliance with the provisions of the construction codes, ordinances, and regulations.
3. Reviews specifications and other exhibits submitted for plan check compliance with acceptance criteria and regulations.
4. Inspects existing buildings for change of use or occupancy for compliance with applicable codes and ordinances.
5. Inspects foundation, concrete, steel, masonry and wood construction, framing, plastering, plumbing, heating, and electrical installations and a large variety of other complex and routine building system elements.
6. Issues notices to comply on violations; maintains records of history and facts for possible legal actions.
7. Confers with architects, contractors, builders, and the general public in the field and office; explains and interprets requirements and restrictions.
8. Participates in staff and administrative meetings related to inspection activities, coordinates completion of inspections and records with Permit Technician.
9. Answers inquiries and explains building, electrical, plumbing, mechanical, and zoning restrictions, requirements, and any necessary corrective measures for building and safety violations.
10. Handles project inquiries and resolves complaints.
11. Assists in the preparation of new regulations; recommends revisions of existing regulations.
CITY OF IRWINDALE
Building Inspector (Continued)
12. Maintains detailed records and prepares reports.
13. Assists at the public counter as required, and assists Code Enforcement with building code violations.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Qualifications
Knowledge of:
Accepted safety standards and methods of building construction for commercial, industrial, and residential buildings.
Building related codes and ordinances enforceable by the City including the California Building, Electrical, Plumbing, and Mechanical Codes.
Principles and techniques of building inspection and plans examination work.
Standard types of building construction, materials, and methods.
Recent developments, current literature, sources of information, and research techniques related to building code enforcement.
Principles and procedures of record keeping and report preparation.
Modern office practices, methods, and computer equipment.
Occupational hazards and standard safety practices necessary in the area of building inspection.
Principles and practices used in dealing with the public.
Basic mathematical principles.
English usage, spelling, vocabulary, grammar, and punctuation.
Ability to:
Interpret and apply pertinent federal, state and local laws, codes and regulations. Read and interpret complex building plans, specifications and building codes.
Determine if construction systems conform to City Code requirements.
Apply technical knowledge and follow proper inspection techniques to examine workmanship and materials and detect deviations from plans, regulations and standard construction practices.
Make mathematical computations rapidly and accurately.
Enforce necessary regulations with firmness and tact.
Understand and follow oral and written instructions.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines: - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade. Specialized training in the building trades desirable.
CITY OF IRWINDALE
Building Inspector (Continued)
Experience:
Three years of experience the building construction trades or related field. Experience at a journey level is desirable. Experience conducting public agency building inspections is also desirable.
License or Certificate:
Possession of an appropriate, valid driver's license.
Possession of ICC certification as a Building Inspector is highly desirable and required within one year of date of hire.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Standard office, field, and construction site setting; travel from site to site; exposure to noise, dust, grease, smoke, fumes, gases, and inclement weather conditions; work around heavy construction equipment; work or inspect in confined spaces; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain.
Physical: Sufficient physical ability to work in an office setting and operate office equipment; sit, stand, walk, climb, (i.e.: ladders, scaffolds, slopes, roofs, trenches), crawl (in attics or under flooring), and/or kneel for prolonged periods of time; sufficient mobility to work in and around construction projects; requires operating motorized vehicles.
Vision: See in the normal visual range with or without correction; vision sufficient to read small print, computer screens and other printed documents.
Hearing: Hear in the normal audio range with or without correction.
Date: September 2024
EXHIBIT B
CITY OF IRWINDALE
PERMIT TECHNICIAN
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general supervision, performs a variety of technical and clerical duties in support of Public Works Department building permit services and activities; serves as initial contact between the Public Works Department and the general public, developers, builders, contractors, architects, and engineers; reviews permit applications, plans, and supporting documents for completeness, sufficiency of information, conformance with legal standards, and compliance with City requirements; receives, logs, and completes general permit processing procedures including distribution of building plans for plan checking; and performs general office duties in support of assigned functions.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Responds to inquiries from the general public, developers, builders, contractors, architects, and engineers regarding City requirements for development; explains and provides information regarding codes, regulations, and processes.
2. Serves the public at the front counter; conducts permit processing; building permit applications, plans, and supporting documents for completeness, sufficiency of information, conformance with legal standards, and compliance with City requirements; answers questions and provides information to the public and applicants; routes information to appropriate City departments.
3. Inputs data into the City’s computerized tracking and monitoring program; updates information as changes occur.
4. Approves and issues routine permits; calculates and collects permit review fees; maintains permit files.
5. Responds to citizen complaints and concerns regarding permit applications.
6. Compiles data and prepares reports and summaries related to assigned activities including those for City Council, outside agencies, other City departments, and other agencies as required.
7. Performs general administrative duties in support of the Building and Engineering; establishes and maintains filing systems; creates and modifies forms as necessary; types and proofreads a wide variety of reports, letters, memoranda, correspondence, and statistical charts.
8. Performs related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Modern office procedures, methods, and equipment including computers and office applications such as word processing, spreadsheets, and statistical databases.
Principles and procedures of record keeping and filing.
Methods and techniques of proper phone etiquette.
Customer service techniques, practices, and principles.
English usage, spelling, grammar, and punctuation.
CITY OF IRWINDALE
Permit Technician (Continued)
Basic mathematical principles.
Business letter writing and basic report preparation.
Ability to:
Understand the organization, procedures, and operating details of the Building Permit Section.
Learn development review processes and procedures.
Learn, interpret, and apply City ordinances, codes, and regulations pertaining to assigned area of responsibility including those pertaining to permit approval.
Learn development standards, relevant codes and ordinances.
Learn commonly used construction terminology.
Learn to evaluate projects and proposals for completeness.
Perform responsible and difficult specialized clerical and technical work involving the use of independent judgment and personal initiative.
Review documents for accuracy and completeness.
Plan, organize, and prioritize work to meet changing priorities and deadlines.
Set up and maintain a variety of files and records.
Respond tactfully, clearly, concisely, and appropriately to a wide variety of requests and inquiries from the general public related to area of responsibility.
Compile data and participate in the preparation of clear and concise reports.
Operate office equipment including computers and supporting word processing and spreadsheet applications.
Work independently in the absence of supervision.
Understand and follow oral and written instructions.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade supplemented by specialized general office and clerical training.
Experience:
Two years of responsible specialized clerical experience involving a high level of public contact, preferably in the building or construction industry.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions.
Environment: Normal office setting; extensive public contact.
Physical: Primary functions require sufficient mobility to work in an office setting; stand or sit for prolonged periods of time; operate office equipment including use of a computer keyboard; ability to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Date: November 2016
Updated: September 2024
Resolution No. 2024-76-3553
RESOLUTION NO. 2024-76-3553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-64-3541, AND
ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES,
AND COMPENSATION FOR CITY EMPLOYEES AND APPROVING AN
APPROPRIATION OF FUNDS
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 last adopted Resolution No. 2024-64-3541 on August 28, 2024, which established the number of positions, schedule of classes, and compensation for City employees; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Permit Technician position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Building Inspector position; and
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.
SECTION 2. Personnel Positions Approved and Ordered Funded. 1) One (1) represented, classified full-time Permit Technician position. 2) One (1) represented, classified full-time Building Inspector position.
Resolution No. 2024-76-3553
SECTION 3. Budget Appropriation.
A budget appropriation in the amount of $151,210 is hereby approved, to cover half of the annual salaries and benefits for the Permit Technician and Building Inspector since its recruitment process may take anywhere from three (3) to six (6) months.
SECTION 4. Applicability to other Governing Documents.
This Resolution shall repeal, supersede, and replace Resolution No. 2024-64-3541. 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 was adopted August 28, 2024, relating to the compensation and benefits of unclassified, unrepresented management employees, or on any approved or adopted memoranda of understanding in accordance with Section 5 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.
SECTION 5. 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 Memoranda of Understanding negotiated with these Recognized Employee Organizations, the applicable Memoranda of Understanding shall govern as to that particular employee bargaining unit.
SECTION 6. Salary and Wage Schedules.
The City Council hereby approves the number of positions, list of class titles, and compensation for all City job classifications reflected in Exhibit A, effective September 11, 2024.
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 7. Certification.
The Chief Deputy City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 11th day of September 2024.
Resolution No. 2024-76-3553
___________________________
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. 2024-76-3553 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 11th day of September 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________________
Laura M. Nieto, MMC
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
Full-Time 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
ICEA Accountant 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 Administrative Secretary 2 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 Assistant Planner 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 Building Inspector 1 Hourly 44 35.5255 37.3019 39.1668 41.1250 43.1813 Bi-Weekly 2,842.04 2,984.15 3,133.35 3,290.00 3,454.50
Monthly 6,158 6,466 6,789 7,128 7,485
Annual 73,893 77,588 81,467 85,540 89,817
ICEA 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 Code Enforcement Officer 1 Hourly 39 31.3990 32.9692 34.6178 36.3486 38.1659 Bi-Weekly 2,511.92 2,637.54 2,769.42 2,907.88 3,053.27
Monthly 5,443 5,715 6,000 6,300 6,615
Annual 65,310 68,576 72,005 75,605 79,385
ICEA Deputy City Clerk 0 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 Engineering Technician 3 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 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
EXHIBIT A
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 11, 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 September 11, 2024
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
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
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 11, 2024
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 Permit Technician 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 Planning Technician 0 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
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
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 11, 2024
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 6 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 #22.A.
Date: September 11, 2024
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager
Issue: First Reading of Ordinance Nos. 782, 783, and 784 for the Dissolution of the “Prioritization of Fill” schedule for the Hanson Quarry, the Durbin Quarry, and the Reliance I Quarry City Manager's Recommendation:
(1) Introduce for first reading by title only with further reading waived, Ordinance No. 782, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 04-05 BY AND BETWEEN THE CITY OF IRWINDALE AND MARTIN
MARIETTA SOUTHERN CALIFORNIA AGGREGATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FORMERLY HANSON AGGREGATES WEST, INC., A DELAWARE CORPORATION, AND A WHOLLY OWNED SUBSIDIARY OF MARTIN MARIETTA MATERIALS, INC.; LOCATED AT 13550 LIVE OAK AVENUE; IRWINDALE, CALIFORNIA”; and
(2) Introduce for first reading by title only with further reading waived, Ordinance No. 783, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-06 FOR DURBIN QUARRY BY AND BETWEEN THE CITY OF IRWINDALE AND CALMAT CO., A DELAWARE CORPORATION, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION; LOCATED AT 13000 LOS ANGELES STREET, IRWINDALE, CALIFORNIA”; and (3) Introduce for first reading by title only with further reading waived, Ordinance No. 784, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE 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”
Administrative Action:
>
Submitted/Prepared by:
Eddie Chan, Director of Engineering/Building Official
Marilyn Simpson, AICP, Community Development Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
SUMMARY
Each of the proposed Amendments to their respective Development Agreements is proposed to remove the “Prioritization of Fill” schedule which was established to facilitate 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 for timely completion of the pits, rather than a piecemeal approach without a cohesive strategy such that the pits would not consistently receive sufficient fill material and therefore, would take much longer to complete. Since the implementation of the prioritization schedule, various pits in the City of Irwindale have successfully been filled and are now in the process of development. As a result, the need for the prioritization schedule is no longer required as there is now sufficient fill material to fill the remaining pits without the necessity of the structured prioritization approach. Accordingly, the proposed amendments would terminate the requirement for prioritization of commercial filling activities.
BACKGROUND/HISTORY
The Irwindale Reclamation Authority (“Authority”), a joint powers authority, was established under a joint power agreement between the City of Irwindale and the Irwindale Redevelopment Agency. The primary functions of the Authority are:
1. To govern the reclamation of mining quarries to ensure compliance with State Mining and Geology Board Reclamation Regulations.
2. To provide a financial assurances mechanism under the California Surface Mining and Reclamation Act of 1975 (“SMARA”) that allows the Authority to offset reclamation costs by a pledge of revenues in calculating financial assurances.
3. To receive and reassign, for the purposes of complying with SMARA, the operating rights from each
of the mining company participants to the Authority.
Due to the constraints imposed by the Redevelopment Dissolution Bill (AB 1X 26 and AB 1484) on the future activities of joint power authorities, the Successor Agency of the Irwindale Redevelopment Agency transferred its membership interests in the Irwindale Reclamation Authority to the City’s Industrial Development Authority. This move was made to ensure continued compliance with state law.
As part of the Irwindale Reclamation Authority’s oversite, the City and Reclamation Authority entered into various agreements with the mining operators throughout Irwindale in order to create a prioritization fill schedule. Each agreement included specific language concerning the prioritization of filling activities related to operating a Commercial Inert Landfill in the following order: United Quarry 1 (also known as Nu-Way Arrow Pit), followed by United Quarry 2. However, the City retained the authority to suspend the commencement of reclamation activities at United Quarry 2 and may authorize Hanson Quarry to operate a Commercial Inert Landfill after the completion of reclamation activities at United Quarry 1.
The City of Irwindale entered into Development Agreements with United Rock Products, Vulcan Materials, and Martin Marietta (Hanson) which contained language establishing the prioritization fill schedule, identifying the Priority Quarry, with the ability to operate a Commercial Inert Landfill for a certain period of time, to the exclusion of other operators.
Since the establishment of the prioritization fill schedule in 2004, the reclamation of the following pits/quarries has been completed, and they are now in the process of development:
1. United Quarry 1 (AKA Nu-Way Arrow Pit/The Park @ Live Oak)
2. Vulcan Reliance II Quarry
3. Nu-Way Live Oak Pit (AKA Gateway Pit)
The successful completion of filling these pits/quarries has resulted in an ample supply of fill materials in Irwindale, sufficient to support more than one Priority Quarry simultaneously. Consequently, it has been determined that the prioritization schedule is no longer necessary.
On March 11, 2020, the City Council/Board of the Reclamation Authority authorized and directed staff to initiate discussions with the mining operators to terminate the Prioritization Schedule of filling activities for a Commercial Inert Landfill.
Staff negotiated, and the City Attorney’s Office prepared, the proposed Amendments to the Development Agreements. Each mining operator has executed the proposed amendments, in agreement with their terms. The agreements shall be recorded with the Los Angeles County Registrar/Recorder.
PROJECT ANALYSIS
Section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in
interest pursuant to sections 65867-65867.5 of the California Government Code. Prior to approval of an amendment to a development agreement, the Planning Commission must hold a noticed public hearing and provide a recommendation to the City Council. (Gov. Code § 65867.) After the Planning Commission holds a public hearing and provides a recommendation, the legislative body must approve a development agreement by adoption of an ordinance. (Gov. Code § 65867.5(a)) The provisions of the amendment to a development agreement must be found by the City Council to be consistent with the general plan and any applicable specific plan. (Gov. Code § 65867.5(b).) Hanson Quarry
Hanson Quarry is identified in the City’s General Plan as an active quarry. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Hanson, as Commercial, Recreational, and Light Industrial, to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
The removal of the priority schedule will facilitate the ultimate development of Hanson. Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Hanson into an eventual Recreational, Commercial, and Light Industrial development.
Durbin Quarry
The Durbin Quarry is identified in the City’s General Plan as an active quarry. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including the Durbin Quarry, as “Regional Commercial” to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
The purpose of the proposed Amendment No. 1 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of the Durbin Quarry. Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for the Durbin Quarry into an eventual Regional Commercial development.
Reliance I
Reliance I is identified in the City’s General Plan as an active mining operation. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Reliance I, as Industrial and Commercial to capitalize on
these factors as a means to generate revenue for the City and serve the regional population.
The purpose of the proposed Amendment No. 2 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of Reliance I. Thus, the proposed Amendment No. 2 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Reliance I into an eventual Industrial Commercial development.
PLANNING COMMISSION REVIEW
On August 21, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, and adopted Resolution Nos. 830(24), 831(24), and 832(24), recommending that the City Council adopt an ordinance approving each of the proposed amendments.
PUBLIC NOTICE
On August 29, 2024, the property owners within 500 feet of the subject property were notified by mail.
The public notice was also published in the newspaper on August 30, 2024.
ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the projects and has determined that the filling of the pits have already been analyzed in the previously Certified EIR’s prepared for the projects (SCH# 2003011084), (SCH #2006051107) and pursuant to CEQA Guidelines Section 15162, the proposed amendments are consistent with the previously certified EIRs. Therefore, no subsequent EIR, Negative Declaration, or addendum is required for approval of the amendments.
Fiscal Impact:
None
Attachments:
1. Ordinance No. 782
2. Ordinance No. 783
3. Ordinance No. 784
4. Agenda Item 4B
01005.0005/1002791.1
ORDINANCE NO. 782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 04-05 BY AND
BETWEEN THE CITY OF IRWINDALE AND MARTIN MARIETTA SOUTHERN
CALIFORNIA AGGREGATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FORMERLY HANSON AGGREGATES WEST, INC., A DELAWARE CORPORATION, AND A WHOLLY OWNED SUBSIDIARY OF MARTIN MARIETTA MATERIALS, INC.; LOCATED AT 13550 LIVE OAK AVENUE; IRWINDALE, CALIFORNIA WHEREAS, on January 3, 2006, the City of Irwindale (“City”) and Hanson Aggregates West, Inc., now Martin Marietta Southern California Aggregates, LLC (“Martin Marietta”), entered into an 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 “Hanson”); and
WHEREAS, in Sections 2.7 and 11.4 of the Agreement, entitled “Commercial Filling Operations” and “Reclamation Incentives/Penalties,” respectively, the City and Martin Marietta agreed to a prioritization system to fill pits that have been mined and are ready for reclamation. Those various pits in the City have successfully been filled and are now in the process of development; and
WHEREAS, 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; and
WHEREAS, Martin Marietta has made a request to amend the Agreement to terminate the requirement for prioritization of filling activities, triggering the application of post-priority provisions in the Agreement, and update the Agreement to reflect the change in corporate status (“Amendment No. 1”); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the development agreement has been considered in the Environmental Impact Report (SCH No. 2003011084) prepared for the development project in the Agreement, and the proposed approval of the Amendment No. 1 is consistent with the analysis contained therein; and
WHEREAS, section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867- 65867.5 of the California Government Code; and
01005.0005/1002791.1
WHEREAS, on August 21, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, and adopted Resolution No. 830(24), recommending that the City Council adopt this Ordinance amending the Agreement; and WHEREAS, on September 11, 2024, the City Council of the City of Irwindale introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.
SECTION 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has determined that the filling of the pits has already been analyzed in the previously Certified EIR prepared for the project (SCH# 2003011084) and pursuant to CEQA Guidelines Section 15162, the City Council hereby finds that the Amendment No. 1 is consistent with the previously certified EIR. Therefore, no subsequent EIR, Negative Declaration, or addendum is required for approval of the Amendment.
SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby specifically finds as follows:
a. The proposed Amendment No. 1 to the Development Agreement is consistent with the goals and policies of the General Plan, its purposes and applicable Specific Plan(s).
Hanson is identified in the City’s General Plan as an active quarry. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Hanson, as Commercial, Recreational, and Light Industrial, to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
In order to facilitate the orderly filling and ultimate development of the mining pits within the City, the City and the mining operators agreed to a priority schedule
01005.0005/1002791.1
within which certain operators would have the sole right to fill their respective pit or quarry with commercial filling activities in order to ensure timely completion of the filling of each site, rather than a piecemealed approach. Since that time, several pits and quarries have been successfully filled and the City and operators have determined that there is an ample supply of fill materials in Irwindale, sufficient to support more than one commercial fill operation simultaneously. Consequently, it has been determined that the prioritization schedule is no longer necessary. The purpose of the proposed Amendment No. 1 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of Hanson. Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Hanson into an eventual Recreational, Commercial, and Light Industrial development.
SECTION 4. On the basis of these findings, the City Council hereby approves Amendment No. 1 to the Development agreement as set forth in Exhibit “A”.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 25th day of September, 2024.
Albert F. Ambriz, Mayor
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA )
01005.0005/1002791.1
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 782 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on September 11, 2024, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on September 25, 2024, and was carried by the following-roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 782 adopted by the City Council of the City of Irwindale at its regular meeting held September 25, 2024, to be posted at the City Hall, Library, and Post Office on September 26, 2024.
Dated:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0005/1002791.1
01005.0005/1002791.1
01005.0005/1002791.1
01005.0005/1002791.1
01005.0005/1013868.1
ORDINANCE NO. 783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-06 FOR DURBIN QUARRY BY AND BETWEEN THE CITY OF IRWINDALE AND CALMAT CO., A
DELAWARE CORPORATION, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION; LOCATED AT 13000 LOS ANGELES STREET, IRWINDALE, CALIFORNIA WHEREAS, on September 24, 2008, the City of Irwindale (“City”) and CalMat Co. dba Vulcan Materials Company, Western Division (“Vulcan”), entered into an agreement entitled “Development Agreement for Durbin Quarry” (“Agreement”) to govern the development of an active mining quarry known as Durbin Quarry; and WHEREAS, in Section 7.2 of the Agreement, entitled “Commencement Date/Prioritization of Fill” the City and Vulcan agreed to a prioritization system to fill pits that have been mined and are ready for reclamation. Those various pits in the City have successfully been filled and are now in the process of development; and WHEREAS, 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 a structured prioritization approach; and WHEREAS, Vulcan has made a request to amend the Agreement to terminate the requirement for prioritization of filling activities (“Amendment No. 1”); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the development agreement has been considered in the Environmental Impact Report (SCH No. 2006051107) prepared for the development project in the Agreement, and the proposed approval of the Amendment No. 1 is consistent with the analysis contained therein; and
WHEREAS, section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867- 65867.5 of the California Government Code; and
WHEREAS, on August 21, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, and adopted Resolution No. 831(24) recommending that the City Council adopt this Ordinance amending the Agreement; and WHEREAS, on September 11, 2024, the City Council of the City of Irwindale introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing; and
01005.0005/1013868.1
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby finds that pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the filling of the pits have already been analyzed in the previously Certified EIR’s prepared for the project (SCH# 2006051107) and pursuant to CEQA Guidelines Section 15162, the Amendment No. 1 is consistent with the previously certified EIR. Therefore no subsequent EIR, Negative Declaration, or addendum is required for approval of the Amendment.
SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby specifically finds as follows:
a. The proposed Amendment No. 1 to the Development Agreement is consistent with the goals and policies of the General Plan, its purposes and applicable Specific Plan(s).
The Durbin Quarry is identified in the City’s General Plan as an active quarry.
There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including the Durbin Quarry, as “Regional Commercial” to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
In order to facilitate the orderly filling and ultimate development of the mining pits within the City, the City and the mining operators agreed to a priority schedule within which certain operators would have the sole right to fill their respective pit or quarry with commercial filling activities in order to ensure timely completion of the filling of each site, rather than a piecemealed approach. Since that time, several pits and quarries have been successfully filled and the City and operators have determined that there is an ample supply of fill materials in Irwindale, sufficient to support more than one commercial fill operation simultaneously. Consequently, it has been determined that the prioritization schedule is no longer necessary. The purpose of the proposed Amendment No. 1 is to terminate the requirement for
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prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of the Durbin Quarry. Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for the Durbin Quarry into an eventual Regional Commercial development.
SECTION 4. On the basis of these findings, the City Council hereby approves Amendment No. 1 to the Development agreement as set forth in Exhibit “A”.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. City staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to it taking effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 25th day of September, 2024.
Albert F. Ambriz, Mayor
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0005/1013868.1
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 Ordinance No. 783 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on September 11, 2024, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on September 25, 2024, and was carried by the following-roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 783 adopted by the City Council of the City of Irwindale at its regular meeting held September 25, 2024, to be posted at the City Hall, Library, and Post Office on September 26, 2024.
Dated:
Laura M. Nieto, MMC
Chief Deputy City Clerk
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01005.0005/1013868.1
01005.0005/1013868.1
01005.0005/1002802.1
ORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE 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
WHEREAS, on September 24, 2008, the City of Irwindale (“City”) and CalMat Co. dba Vulcan Materials Company, Western Division (“Vulcan”), entered into an 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; and
WHEREAS, on March 10, 2021, the City and Vulcan entered into a contract amendment (“Amendment No. 1) to Agreement which terminated any terms or conditions relating to Reliance II Landfill; and
WHEREAS, in Section 7.2 of the Agreement, entitled “Commencement Date/Prioritization of Fill” the City and Vulcan agreed to a prioritization system to fill pits that have been mined and are ready for reclamation. Those various pits in the City have successfully been filled and are now in the process of development; and WHEREAS, 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 a structured prioritization approach; and WHEREAS, Vulcan has made a request to amend the Agreement again to terminate the requirement for prioritization of filling activities (“Amendment No. 2”); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the development agreement has been considered in the Environmental Impact Report (SCH No. 2006051107) prepared for the development project in the Agreement, and the proposed approval of the Amendment No. 2 is consistent with the analysis contained therein; and
WHEREAS, sections 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867- 65867.5 of the California Government Code; and
WHEREAS, on August 21, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, and adopted Resolution No. 832(24), recommending that the City Council adopt this Ordinance amending the Agreement; and
01005.0005/1002802.1
WHEREAS, on September 11, 2024, the City Council of the City of Irwindale introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing; and
WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby finds that pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the filling of the pits have already been analyzed in the previously Certified EIR prepared for the project (SCH# 2006051107) and pursuant to CEQA Guidelines Section 15162, the Amendment No. 2 is consistent with the previously certified EIR. Therefore no subsequent EIR, Negative Declaration, or addendum is required for approval of the Amendment.
SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the Planning Commission hereby finds this Planning Commission hereby specifically finds as follows:
a. The proposed Amendment No. 2 to the Development Agreement is consistent with the goals and policies of the General Plan, its purposes and applicable Specific Plan(s):
Reliance I is identified in the City’s General Plan as an active mining operation. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Reliance I, as Industrial and Commercial to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
In order to facilitate the orderly filling and ultimate development of the mining pits within the City, the City and the mining operators agreed to a priority schedule within which certain operators would have the sole right to fill their respective pit or quarry with commercial filling activities in order to ensure timely completion of the filling of
01005.0005/1002802.1
each site, rather than a piecemealed approach. Since that time, several pits and quarries have been successfully filled and the City and operators have determined that there is an ample supply of fill materials in Irwindale, sufficient to support more than one commercial fill operation simultaneously. Consequently, it has been determined that the prioritization schedule is no longer necessary. The purpose of the proposed Amendment No. 2 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of Reliance I. Thus, the proposed Amendment No. 2 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Reliance I into an eventual Industrial Commercial development.
SECTION 4. On the basis of these findings, the City Council hereby approves Amendment No. 2 to the Development Agreement as set forth in Exhibit “A”.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. City staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to it taking effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 25th day of September, 2024.
Albert F. Ambriz, Mayor
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0005/1002802.1
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 Ordinance No. 784 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on September 11, 2024, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on September 25, 2024, and was carried by the following-roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 784 adopted by the City Council of the City of Irwindale at its regular meeting held September 25, 2024, to be posted at the City Hall, Library, and Post Office on September 26, 2024.
Dated:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0005/1002802.1
01005.0005/1002802.1
01005.0005/1002802.1
01005.0005/1002802.1
Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
CITY OF IRWINDALE
PLANNING COMMISSION STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
Date: August 21, 2024 Agenda Item No. 4-B
To: Honorable Chair and Members of the Planning Commission From: Eddie Chan, City Engineer
Marilyn Simpson, AICP, Community Development Director
Project Planners: Community Development and Engineering Staff Project: Prioritization Clause Amendments
Applicant: City of Irwindale, Vulcan Materials Co., and Martin Marietta Project Location(s): Hanson Quarry, 13550 Live Oak Avenue, Irwindale, CA; Durbin Quarry 13000 Los Angeles Street, Irwindale, CA; and Reliance I Quarry 15990 Foothill Boulevard, Irwindale, CA
Staff Recommendation: That the Planning Commission consider the following:
1) Adopt Resolution No. 830(24), a resolution of the Planning Commission of the City of Irwindale recommending that the City Council adopt an ordinance approving Amendment No. 1 to the Development Agreement by and between the City of Irwindale and Martin Marietta Southern California Aggregates, LLC for the Hanson Quarry;
AND
2) Adopt Resolution No. 831(24), a resolution of the Planning Commission of the City of Irwindale recommending that the City Council adopt an ordinance approving Amendment No. 1 to the Development Agreement by and between the City of Irwindale and Calmat Co., D.B.A. Vulcan Materials Company, Western Division for the Durbin Quarry;
AND
3) Adopt Resolution No. 832(24), a resolution of the Planning Commission of the City of Irwindale recommending that the City Council adopt an ordinance approving Amendment No. 1 to the Development Agreement by and between the City of
Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
Irwindale and Calmat Co., D.B.A. Vulcan Materials Company, Western Division for the Reliance I Quarry
SUMMARY
Each of the Amendments is proposed to remove the “Prioritization of Fill” schedule which was established to facilitate 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 for timely completion of the pits, rather than a piecemeal approach without a cohesive strategy such that the pits would not consistently receive sufficient fill material and therefore, would take much longer to complete. Since the implementation of the prioritization schedule, various pits in the City of Irwindale have successfully been filled and are now in the process of development. As a result, the need for the prioritization schedule is no longer required as there is now sufficient fill material to fill the remaining pits without the necessity of the structured prioritization approach. Accordingly, the proposed amendments would terminate the requirement for prioritization of commercial filling activities.
BACKGROUND/HISTORY
The Irwindale Reclamation Authority (“Authority”), a joint powers authority, was established under a joint power agreement between the City of Irwindale and the Irwindale Redevelopment Agency. The primary functions of the Authority are:
1. To govern the reclamation of mining quarries to ensure compliance with State Mining and Geology Board Reclamation Regulations.
2. To provide a financial assurances mechanism under the California Surface Mining and Reclamation Act of 1975 (“SMARA”) that allows the Authority to offset reclamation costs by a pledge of revenues in calculating financial assurances.
3. To receive and reassign, for the purposes of complying with SMARA, the operating rights from each of the mining company participants to the Authority.
Due to the constraints imposed by the Redevelopment Dissolution Bill (AB 1X 26 and AB 1484) on the future activities of joint power authorities, the Successor Agency of the Irwindale Redevelopment Agency transferred its membership interests in the Irwindale Reclamation Authority to the City’s Industrial Development Authority. This move was made to ensure continued compliance with state law.
Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
As part of the Irwindale Reclamation Authority’s oversite, the City and Reclamation Authority entered into various agreements with the mining operators throughout Irwindale in order to create a prioritization fill schedule. Each agreement included specific language concerning the prioritization of filling activities related to operating a Commercial Inert Landfill in the following order: United Quarry 1 (also known as Nu-Way Arrow Pit), followed by United Quarry 2. However, the City retained the authority to suspend the commencement of reclamation activities at United Quarry 2 and may authorize Hanson Quarry to operate a Commercial Inert Landfill after the completion of reclamation activities at United Quarry 1.
The City of Irwindale entered into Development Agreements with United Rock Products, Vulcan Materials, and Martin Marietta (Hanson) which contained language establishing the prioritization fill schedule, identifying the Priority Quarry, with the ability to operate a Commercial Inert Landfill for a certain period of time, to the exclusion of other operators.
Since the establishment of the prioritization fill schedule in 2004, the reclamation of the following pits/quarries has been completed, and they are now in the process of development:
1. United Quarry 1 (AKA Nu-Way Arrow Pit/The Park @ Live Oak)
2. Vulcan Reliance II Quarry
3. Nu-Way Live Oak Pit (AKA Gateway Pit)
The successful completion of filling these pits/quarries has resulted in an ample supply of fill materials in Irwindale, sufficient to support more than one Priority Quarry simultaneously. Consequently, it has been determined that the prioritization schedule is no longer necessary.
On March 11, 2020, the City Council/Board of the Reclamation Authority authorized and directed staff to initiate discussions with the mining operators to terminate the Prioritization Schedule of filling activities for a Commercial Inert Landfill.
Staff negotiated, and the City Attorney’s Office prepared, the proposed Amendments to the Development Agreements. Each mining operator has executed the proposed amendments, in agreement with their terms. The agreements shall be recorded with the Los Angeles County Registrar/Recorder.
PROJECT ANALYSIS
Section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867-65867.5 of the California Government Code. Prior to approval of an amendment to a development agreement, the Planning Commission must hold a noticed public hearing and provide a recommendation to the City Council. (Gov. Code § 65867.) The provisions of the amendment to a
Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
development agreement must be found to be consistent with the general plan and any applicable specific plan.
Hanson Quarry
Hanson Quarry is identified in the City’s General Plan as an active quarry. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Hanson, as Commercial, Recreational, and Light Industrial, to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
The removal of the priority schedule will facilitate the ultimate development of Hanson.
Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Hanson into an eventual Recreational, Commercial, and Light Industrial development.
Durbin Quarry
The Durbin Quarry is identified in the City’s General Plan as an active quarry. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including the Durbin Quarry, as “Regional Commercial” to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
The purpose of the proposed Amendment No. 1 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of the Durbin Quarry. Thus, the proposed Amendment No. 1 is consistent with the City’s General Plan and is intended to encourage the highest and best use for the Durbin Quarry into an eventual Regional Commercial development.
Reliance I
Reliance I is identified in the City’s General Plan as an active mining operation. There is no applicable specific plan for the site. Upon completion of mining activities, the City’s General Plan contemplates that because many of the pits are located in close proximity to freeways, these areas are subject to intense development pressure due to the scarcity of developable land. As a result, the General Plan has designated a number of these pits, including Reliance I, as Industrial and Commercial to capitalize on these factors as a means to generate revenue for the City and serve the regional population.
Planning Commission Meeting August 21, 2024
Prioritization Clause Amendments
The purpose of the proposed Amendment No. 2 is to terminate the requirement for prioritization of filling activities. The removal of the priority schedule will facilitate the ultimate development of Reliance I. Thus, the proposed Amendment No. 2 is consistent with the City’s General Plan and is intended to encourage the highest and best use for Reliance I into an eventual Industrial Commercial development.
PUBLIC NOTICE
A notice of public hearing on the proposed amendments was given in accordance with section 65867 of the Government Code and published in a newspaper of general circulation, the San Gabriel Valley Tribune, on August 9, 2024.
ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the projects and has determined that the filling of the pits have already been analyzed in the previously Certified EIR’s prepared for the projects (SCH# 2003011084), (SCH #2006051107) and pursuant to CEQA Guidelines Section 15162, the proposed amendments are consistent with the previously certified EIRs. Therefore, no subsequent EIR, Negative Declaration, or addendum is required for approval of the amendments.
CONCLUSION
It is recommended that the Planning Commission take the following action:
1. Adopt Resolution No. 830(34), entitled “A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF IRWINDALE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 04-05 BY AND BETWEEN THE CITY OF
IRWINDALE AND MARTIN MARIETTA SOUTHERN CALIFORNIA AGGREGATES,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, FORMERLY HANSON AGGREGATES WEST, INC., A DELAWARE CORPORATION, AND A WHOLLY OWNED SUBSIDIARY OF MARTIN MARIETTA MATERIALS, INC.; LOCATED AT 13550 LIVE OAK AVENUE; IRWINDALE, CALIFORNIA”
2. Adopt Resolution No. 831(24), entitled “A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF IRWINDALE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-06 FOR DURBIN QUARRY BY AND BETWEEN THE CITY OF IRWINDALE AND CALMAT CO., A DELAWARE CORPORATION, DBA VULCAN MATERIALS COMPANY, WESTERN DIVISION; LOCATED AT 13000 LOS ANGELES STREET, IRWINDALE, CALIFORNIA”
3. Adopt Resolution No. 832(24), entitled “A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF IRWINDALE RECOMMENDING THAT THE CITY