Irwindale City Council
September 25, 2024

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
September 25, 2024
SPECIAL MEETING – 6:00 P.M.

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 25, 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 25, 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 25, 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 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
B. 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. The facts and circumstances are those that might result in litigation against the City but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.

Number of cases: One

6. RECONVENE IN OPEN SESSION

7. REPORT FROM CLOSED SESSION

8. ADJOURNMENT

REGULAR MEETING

9. CALL TO ORDER

September 25, 2024

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 Management Analyst Aundrea Butler

18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. 2024 San Gabriel Valley Council of Governments Update

19. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings Held September 11, 2024 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve.

C. 2nd Reading - Ordinances 782, 783, 784
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 it is recommended that the City Council determine 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.

Department: Engineering

September 25, 2024

Recommendation: (1) Adopt on second 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) Adopt on second 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) Adopt on second 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”

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.

September 25, 2024

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 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. Receive Update on City of Irwindale Public Library Improvement Project (Project) and Provide Direction to Staff Relating to the Library Chairs
Department: Administration
Recommendation: That the City Council receive staff's update on the City of Irwindale Public Library Improvement Project (Project) and direct staff to proceed with incorporating the TMC Algonquin Lounge Chair into the Library
B. Update on the Irwindale Speedway
Department: Community Development
Recommendation: Receive and file or provide direction.

C. Urgency Ordinance No. 785 To Establish a Temporary Moratorium Prohibiting the Processing of Applications or Approvals For Any and All Billboards
Department: Administration
Recommendation: Direct the City Attorney to read the title of the ordinance, waive further reading of the ordinance, and adopt the ordinance as an urgency measure by a roll call vote with a minimum 4/5 vote for Urgency Ordinance No. 785, entitled “AN INTERIM URGENCY ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA ESTABLISHING A 45-DAY MORATORIUM ON THE PROCESSING OR APPROVAL OF ANY

APPLICATIONS FOR BILLBOARDS, NEW CONSTRUCTION OF BILLBOARDS, OR THE REPLACEMENT

OR CONVERSION OF STATIC BILLBOARDS TO BILLBOARDS WITH A DIGITAL DISPLAY, AS DEFINED

HEREIN, AND DECLARING THE URGENCY THEREOF AND THAT IT SHALL TAKE EFFECT IMMEDIATELY

September 25, 2024

AND FINDING THE ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”

22. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

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.

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 Regular Meeting Held September 11, 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

September 25, 2024

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 Regular Meeting Held September 11, 2024 Department: City Clerk
Recommendation: Approve
B. Acquisition of Las Casitas First Amendment and Holdback Addendum Department: Administration
Recommendation: That the Housing Authority Board authorize the Las Casitas First Amendment and Holdback Addendum.

C. Las Casitas Senior Apartment Property Management Agreement Department: Administration
Recommendation: That the Housing Authority Board authorize the Property Management Agreement, subject to final approval as to form by the City Attorney’s Office.

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

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 and Housing Authority, to be held on September 25, 2024, be posted at the City Hall, Library, and Post Office on September 20, 2024.

Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:33 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 (arrived at 5:35 p.m.), Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

SPONTANEOUS
COMMUNICATIONS There were no speakers.

RECESS TO At 5:35 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:

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
ACTION: Update provided, no direction provided and no action taken.

Councilmember Breceda and City Manager Miranda recused
themselves from this item due to potential conflicts of interest.

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
ACTION: Update provided to the City Council, direction provided, no reportable action. Councilmember Breceda recused himself from this item due to a potential conflict of interest.

Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)
Number of Cases: One
ACTION: This item was pulled from agenda and not discussed.

CITY COUNCIL / HOUSING AUTHORITY MINUTES SEPTEMBER 11, 2024 SPECIAL MEETING PAGE 2
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.

Number of Cases: 2
ACTION: First case: update provided, direction provided to the City Attorney, no reportable action. Second case: information provided to Council, direction provided to the City Attorney, no reportable action.

RECONVENE IN At 6:55 p.m., the City Council reconvened in Open Session.

OPEN SESSION
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 SEPTEMBER 11, 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; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; 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 Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda advised that Item No. 18A would be continued MIRANDA to the meeting of September 25 and that Item No. 24B would be removed from tonight’s agenda.

COUNCILMEMBER

TRAVEL REPORTS
COUNCILMEMBERS Councilmembers Ortiz, Breceda, and Garcia each spoke on their ORTIZ, BRECEDA, attendance at the recent California Contract Cities Association AND GARCIA Conference.

COUNCILMEMBER

COMMENTS
COUNCILMEMBER Councilmember Ortiz requested a minute of silence to honor the ORTIZ victims of the September 11, 2001, terrorist attack in New York.

INTRODUCTION OF

NEW EMPLOYEES /

PROMOTIONS
ITEM NO. 17A INTRODUCTION OF ASSISTANT PLANNER MARTIN ROMERO

INTRODUCTION OF
ASSISTANT PLANNER The introduction was made.

MARTIN ROMERO

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 2
ITEM NO. 17B RECOGNITION OF TRACEY COOPER-HARRIS FOR HER RECOGNITION OF SERVICE TO THE 31ST CONGRESSIONAL DISTRICT TRACEY COOPERHARRIS FOR HER The recognition was made.

SERVICE TO THE
31ST CONGRESSIONAL

DISTRICT

PROCLAMATIONS /

PRESENTATIONS /

COMMENDATIONS
ITEM NO. 18A 2024 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 2024 SAN GABRIEL UPDATE

VALLEY COUNCIL OF
GOVERNMENTS This item was rescheduled to the September 25 Council meeting.

UPDATE

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the Consent Calendar, reading ordinances by title only and waiving further reading thereof. The motion was unanimously approved.

ITEM NO. 19A MINUTES OF THE MEETINGS HELD AUGUST 2, 2024, AND MINUTES OF THE AUGUST 28, 2024

MEETINGS HELD
AUGUST 2, 2024, AND The minutes were approved as presented.

AUGUST 28, 2024
ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL

WARRANTS / DEMANDS
PAYROLL The warrants / demands / payroll were approved.

ITEM NO. 19C 2ND READING OF ORDINANCE NO. 776
2 ND READING OF
ORDINANCE NO. 776
ORDINANCE NO. 776 Ordinance No. 776, entitled:

ADOPTED ON
SECOND READING “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,” was passed, approved, and adopted.

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 3
ITEM NO. 19D AMENDMENT NO. 1 WITH CALIFORNIA CONSULTING, INC. FOR AMENDMENT NO. 1 GRANT WRITING MANAGEMENT SERVICES (Continued from WITH CA CONSULTING August 28, 2024)
INC. FOR GRANT
WRITING MGMT. Amendment No. 1 to the Professional Services Agreement with SERVICES California Consulting, Inc. for a three (3) year(s) term for grant writing management services was approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
DENA ZEPEDA Dena Zepeda requested for City staff to follow up on a concern of dry brush on Calle Burrola and thanked the Council for including prayers at the beginning of its meetings.

FRED BARBOSA Fred Barbosa requested that the Council allow for members of the public to speak under Spontaneous Communications for more than three minutes.

CARMEN ROMAN Carmen Roman asked for information behind the decision to allow for the three-minute time limitation for comments made under Spontaneous Communications.

DAN TRAN Dan Tran thanked Mayor Ambriz for his service in the military, thanked Councilmember Ortiz for his prayer during tonight’s Council meeting, announced his candidacy for a seat in the state Assembly, and noted that all Councils have time limits for members of the public to speak and noted that individuals have various ways to relay their message if they are unable to attend the meetings in person.

NEW BUSINESS
ITEM NO. 21A ADOPT RESOLUTION NO. 2024-72-3549 APPOINTING A VOTING ADOPT RESOLUTION DELEGATE FOR 2024 LEAGUE OF CALIFORNIA CITIES ANNUAL APPOINTING A CONFERENCE – ANNUAL BUSINESS MEETING

VOTING DELEGATE
FOR 2024 LEAGUE OF

CA CITIES ANNUAL
CONFERENCE –

ANNUAL BUSINESS

MEETING
CHIEF DEPUTY CITY Chief Deputy City Clerk Nieto presented the staff report.

CLERK NIETO
MAYOR AMBRIZ Mayor Ambriz asked which of the Councilmembers would attend the conference, to which Chief Deputy City Clerk Nieto advised that all

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 4
Councilmembers, except for Councilmember Ortiz, are scheduled to attend.

COUNCILMEMBER Councilmember Breceda nominated Mayor Ambriz as Delegate.

BRECEDA Unanimous Council consensus was reached to approve the nomination.

MAYOR AMBRIZ Mayor Ambriz nominated Mayor Pro Tem Burrola as Alternate.

Unanimous Council consensus was reached to approve the
nomination.

RESOLUTION NO. Resolution No. 2024-72-3549, entitled:
2024-72-3549
ADOPTED “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,” was adopted, thereby appointing Mayor Ambriz as delegate and Mayor Pro Tem Burrola as alternate, on unanimous Council consensus.

ITEM NO. 21B LOS ANGELES COUNTY BUILDING AND SAFETY SERVICES LOS ANGELES CO.

BUILDING AND

SAFETY SERVICES
DIRECTOR CHAN Director Chan presented the staff report.

CARMEN ROMAN Carmen Roman suggested for the Council to table this matter to allow for more time in order to recruit the best candidate possible. She stated her belief that having in-house staff does not allow for proper oversight which could only be achieved by outside entities.

PAT GONZALES Pat Gonzales stated that service quality would suffer if the City hired outside contractors to perform the necessary work. She also noted that costs would be lower if the City hired in-house staff and suggested that the Council proceed with Option 1 as shown in the staff report.

FRED BARBOSA Fred Barbosa stated his opinion that the City has previously hired inhouse inspectors which ended in “catastrophe” since the inspectors failed to perform their duties, which has now resulted in residents’ houses deteriorating. He suggested that the Council select Option 3.

MAYOR PRO TEM Mayor Pro Tem Burrola stated his preference in selecting Option 1.

BURROLA
Responding to a question by Mayor Pro Tem Burrola, Director Chan advised that the City could replace the in-house inspector if he/she does not perform to expectation.

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 5
Mayor Pro Tem Burrola also asked about Building & Safety procedures, to which Director Chan stated that the City has its own established standards and would not necessarily follow the standards of other entities.

CITY ATTORNEY City Attorney Guerra noted that the City would still be bound to the GUERRA County Building Code for the time being. However, the Council could opt to adopt its own Building Code in the future.

DIRECTOR CHAN Director Chan explained the difference between building standards and the Building Code.

COUNCILMEMBER Councilmember Ortiz recommended selecting Option 1.

ORTIZ
In reply to a question by Councilmember Ortiz, Director Chan advised that the Building & Safety division collects fees and performs work using the fees collected. He noted that for fiscal year 24/25, the division has approximately $800,000 budgeted to cover division work costs.

COUNCILMEMBER Councilmember Garcia asked Director Chan about how he plans on GARCIA acquiring the best possible candidates, whether through hiring outside contractors or recruiting internal staff, to which Director Chan advised that he has a full plan ready to move forward for the recruitment and briefly mentioned position requirements. He noted that an option would also be to hire some internal staff as well as outside contractors. Director Chan added that he has full confidence that his plan will meet the needs of the City.

COUNCILMEMBER Councilmember Breceda stated his belief that contracting the BRECEDA services out would cause a delay, to which Director Chan acknowledged that hiring contractors would take a little longer than building an in-house team.

MAYOR AMBRIZ Responding to a question by Mayor Ambriz, Director Chan provided background information that led to the consideration of this item.

Director Chan recommended that the Council select Option 1.

MOTION A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, to 1) receive and file the Los Angeles County Building & Safety service contract termination, 2) approve Option 1 as shown in the staff report 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. Resolution No. 2024-69-3546, entitled:
2024-69-3546
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING A NEW JOB CLASSIFICATION AND

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 6

ASSOCIATED JOB SPECIFICATION AND APPROVING UPDATES
TO AN EXISTING JOB SPECIFICATION,” and 5) adopt:

RESOLUTION NO. Resolution No. 2024-76-3553, entitled:
2024-76-3553
ADOPTED “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.” The motion was unanimously approved.

RECESS At 7:57 p.m., the Council took a short recess.

RECONVENE At 8:05 p.m., the Council resumed its meeting with all members present.

PUBLIC HEARINGS
ITEM NO. 22A FIRST READING OF ORDINANCE NOS. 782, 783, AND 784 FOR FIRST READING OF THE DISSOLUTION OF THE “PRIORITIZATION OF FILL”

ORDINANCES FOR SCHEDULE FOR THE HANSON QUARRY, THE DURBIN QUARRY,

THE DISSOLUTION OF AND THE RELIANCE I QUARRY
THE “PRIORITIZATION
OF FILL” SCHEDULE

FOR THE HANSON

QUARRY, THE DURBIN

QUARRY, AND THE

RELIANCE I QUARRY
DIRECTOR CHAN Director Chan presented the staff report.

OPEN At 8:13 p.m., Mayor Ambriz opened the public hearing.

PUBLIC HEARING
ROBERT DIAZ Robert Diaz expressed concern that approving the dissolution of prioritization would lead to less available fill materials for the pits. He suggested continuing to fill the pits, preferably for commercial development. He also suggested filling the pits above the water table to prevent water contamination.

DIRECTOR CHAN Director Chan stated that the dissolution of the priority fill schedule would not cause any negative impacts to the City in terms of revenue or environmental concerns. He added that the fill material that operators bring to backfill the pits would need to be tested for contamination. The operator would also have to produce or record documents to send to the state board for approval of the backfill.

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 7
SHAUN SZAMEIT Shaun Szameit submitted a comment through email wherein he requested postponement for the approval of the request to conduct a supplemental environmental impact report to reassess environmental impacts.

FRED BARBOSA Fred Barbosa said that there is no need to worry about dust from the pit since the operator will be dredging it soon.

CLOSE There being no additional speakers, Mayor Ambriz closed the public PUBLIC HEARING hearing at 8:26 p.m.

DIRECTOR SIMPSON Director Simpson noted that each pit has its own reclamation plan and environmental impact report and that the pits would still need to operate within the parameters of same; any change would need to be approved by the Planning Commission and City Council.

ORDINANCE NO. 782 Ordinance No. 782, entitled:

INTRODUCED FOR
FIRST READING “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,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tem Burrola, seconded by Councilmember Breceda, and unanimously approved.

ORDINANCE NO. 783 Ordinance No. 783, entitled:

INTRODUCED FOR
FIRST READING “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,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tem Burrola, seconded by
Councilmember Breceda, and unanimously approved.

ORDINANCE NO. 784 Ordinance No. 784, entitled:

INTRODUCED FOR
FIRST READING “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 2 TO
DEVELOPMENT AGREEMENT NO. 02-06 FOR RELIANCE I

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 8

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,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tem Burrola, seconded by Councilmember Breceda, and unanimously approved.

CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:

MIRANDA
1) On September 4, Senator Susan Rubio presented the Cities of Azusa, Duarte, and Irwindale with a check for $300,000 for public safety measures approved through Senate Bill 104. Funding is part of the San Gabriel Valley Council of Governments’ allocation for a homeless services pilot program.
2) The City is still accepting applications for various positions. 3) Phase II of the Veterans Monument Improvement Project, which includes landscaping, irrigation, hardscaping, installation of benches, lighting, and other electrical work, is expected to be completed by next week.
4) He also discussed upcoming Recreation Department functions activities.

FUTURE AGENDA

ITEMS REQUESTED

BY COUNCIL MEMBERS
ITEM NO. 24A REQUEST BY MAYOR AMBRIZ TO DISCUSS A PORTION OF OUR

REQUEST BY MAYOR LADY OF GUADALUPE MISSION BEING CONVERTED TO

AMBRIZ TO DISCUSS MUSEUM SPACE

A PORTION OF OUR

LADY OF GUADALUPE

MISSION BEING

CONVERTED TO

MUSEUM SPACE
COUNCILMEMBER Councilmember Breceda cited a potential conflict of interest with this BRECEDA item and exited the Council Chambers at 8:32 p.m.

CARMEN ROMAN Carmen Roman stated that the Mission is a treasured historical and religious building and opposed setting up a museum there.

MAYOR PRO TEM Mayor Pro Tem Burrola questioned why this item was being BURROLA discussed and that it was his understanding that this section of the agenda was to decide whether to place items on future agendas for discussion, to which City Attorney Guerra indicated that staff does not

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 9
have a clear understanding of what, exactly, is being requested, and that the discussion serves to clarify the request so that the Council could then decide whether it should be placed on a future agenda.

MAYOR AMBRIZ Mayor Ambriz stated that his intent for the discussion was to receive input from the public and the Council about whether a portion of the Our Lady of Guadalupe Mission should be used as a museum.

LINDA MAREZ Linda Marez spoke on the importance of establishing a museum somewhere, except for at the Library, so that these items are not lost.

FRED BARBOSA Fred Barbosa stated that he was an altar boy and wondered whether his name would be engraved on a plaque.

DENA ZEPEDA Dena Zepeda agreed that the mission is special and suggested using Library space for a museum.

ROBERT DIAZ Robert Diaz concurred with Linda Marez and suggested possibly setting up a museum in the office space at the Community Center previously utilized by the Chamber of Commerce.

COUNCILMEMBER Councilmember Garcia mentioned the possibility of using the exGARCIA Council Chambers for a museum.

MAYOR AMBRIZ Mayor Ambriz stated that, due to the comments made at tonight’s meeting, he will retract his request to discuss using a portion of the mission as a museum. He indicated that the Council might create a committee in the future or hold workshops to continue discussing the development of a museum.

RECESS At 8:47 p.m., the Council took a short recess.

RECONVENE The Council reconvened in Open Session at 8:50 p.m. with all members present.

ITEM NO. 24B REQUEST BY MAYOR AMBRIZ TO DISCUSS CITY OF

REQUEST BY MAYOR IRWINDALE RETIREES BEING CONSIDERED FOR RESIDENT

AMBRIZ TO DISCUSS PRIORITY FOR EXCURSION SIGN-UPS

CITY OF IRWINDALE
RETIREES BEING This item was removed from the agenda.

CONSIDERED FOR

RESIDENT PRIORITY

FOR EXCURSION

SIGN-UPS
ITEM NO. 24C REQUEST BY COUNCILMEMBER BRECEDA FOR AN UPDATE

REQUEST BY ON THE IRWINDALE SPEEDWAY

COUNCILMEMBER

BRECEDA FOR AN

UPDATE ON THE

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 10

IRWINDALE SPEEDWAY
COUNCILMEMBER Councilmember Breceda stated that he requested to add this item to BRECEDA the agenda so that the Council could receive an update from staff as to the goings-on at the Speedway. He stated that he has heard rumors about what will be developed at the site and asked for additional information from staff.

DIRECTOR SIMPSON Director Simpson advised that a specific plan called the “Speedway Commerce Center Specific Plan” is on file and proposes that a commercial and industrial business park be developed at the site.

Staff has reviewed several iterations of the specific plan, and a consultant is currently working on the environmental impact report (“EIR”). Staff will provide comments on the EIR to the consultants shortly. Depending on the comments, revisions may be needed. A 45- day public review of the EIR and specific plan would be held and if the timeline runs smoothly, the first opportunity for a public hearing would be in December.

DIRECTOR CHAN Director Chan noted that the applicants have submitted a geotechnical investigation work plan to the City for review. Staff completed its review in July at which point the proposal was rejected and returned to the applicant with comments. The applicant has then submitted a work plan with revisions, which staff has also reviewed and rejected with comments. He noted that, with an approved work plan, the applicant can develop a remediation plan for the site. He also advised that the plan would need to meet building codes and all environmental concerns for the subject site.

COUNCILMEMBER Responding to a question by Councilmember Breceda, Director BRECEDA Simpson advised that a few meetings have been held over the past few years with the intent of identifying what would be needed for the issuance of a permit to complete some of the borings. She stated her belief that the applicant has starting borings.

DIRECTOR CHAN Director Chan added that a permit has been issued for the applicant to conduct drilling at the site as well as a permit for boring and reiterated that the City has not approved any geotechnical investigation work plan yet.

COUNCILMEMBER Councilmember Breceda expressed concern over the property BRECEDA owner’s potential plans for the site due to it being part of a superfund site.

MAYOR AMBRIZ Mayor Ambriz asked whether the City’s geotechnical consultants could meet with the Speedway Operator’s consultants, to which Director Chan indicated his belief that the two groups have already communicated. He noted that staff would be able to provide more information to the Council but is waiting for additional details from the operator.

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 11
Responding to a request by Mayor Ambriz to have the two geotechnical groups attend the next Council meeting to obtain additional information, City Attorney Guerra suggested to the Council that it ask any questions they may have so that staff can present responses and additional information to the Council.

MAYOR PRO TEM Mayor Pro Tem Burrola questioned why this item was being BURROLA discussed and that it was his understanding that this section of the agenda was to decide whether to place items on future agendas for discussion, to which City Attorney Guerra indicated that the discussion serves to clarify the request so that the Council could then decide whether it should be placed on a future agenda.

MAYOR AMBRIZ In reply to a comment by Mayor Ambriz, City Attorney Guerra suggested that the Council allow the appropriate steps to take place rather than invite the applicant to the Council meeting to elaborate.

COUNCILMEMBER Councilmember Breceda requested an in-depth report regarding this BRECEDA item, to which City Attorney Guerra advised that the report could be brought back for discussion, though he cautioned against discussing the substance of the entitlements that are being proposed at this time.

CITY MANAGER Responding to a question by City Manager Miranda, Councilmember MIRANDA Breceda requested a detailed report addressing rumors that the operator would only need to dig to a minimal amount of depth for a development.

DIRECTOR SIMPSON Director Simpson advised that staff is reviewing the draft EIR for CEQA and noted that it does not contain all mitigation measures. She cautioned against discussing these prematurely.

MAYOR PRO TEM In response to a comment by Mayor Pro Tem Burrola, Director BURROLA Simpson confirmed that the operator of the site has purchased a raceway in Bakersfield.

DENA ZEPEDA Dena Zepeda stated that she was glad that city staff and the operator’s staff are communicating.

CARMEN ROMAN Carmen Roman stated that the subject property is very important and spoke in opposition to cancer and pollutants that cause dogs to itch.

MOTION A motion was made by Councilmember Breceda, seconded by Coucilmember Garcia, to add this matter to a future agenda for a full report and discussion. The motion was unanimously approved.

ITEM NO. 24D REQUEST BY COUNCILMEMBER ORTIZ FOR A REPORT ON THE

REQUEST BY OLIVE PIT MINING OPERATIONS AND REMAINING TIME FOR ITS

COUNCILMEMBER EXTENSION

ORTIZ FOR A REPORT

ON THE OLIVE PIT

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 12

MINING OPERATIONS

AND REMAINING TIME

FOR ITS EXTENSION
COUNCILMEMBER Councilmember Ortiz asked about the timeline for the pit operator’s ORTIZ extension and indicated that existing street sweeping measures are insufficient since the streets are still covered in dirt and mud. He asked to be informed when the operator would need to return to the Council for either a new or amended permit to operate. He expressed his understanding that the Council permitted the operator to process 2 million tons of fill, after which they would return to the City with a new application.

CITY MANAGER City Manager Miranda noted that the operator has submitted an MIRANDA application to excavate more tonnage. The environmental review still needs to take place. Additional details would be presented within the next couple of months.

COUNCILMEMBER Councilmember Ortiz also noted damage to Azusa Canyon Road, ORTIZ with a portion that seems to be sinking and areas around manholes having deteriorated, to which City Manager Miranda advised that staff would follow up on the concern.

MAYOR PRO TEM Mayor Pro Tem Burrola requested a report on the City’s street paving BURROLA schedule for presentation at the next meeting, to which Director Chan advised that a portion of Azusa Canyon Road will be repaved soon; staff is awaiting completion of offsite improvements at 4416 Azusa Canyon Road before the repaving begins.

COUNCILMEMBER Councilmember Ortiz requested to tour the pit to observe current ORTIZ operations at the site.

CITY MANAGER City Manager Miranda stated that he would set up the tour and invited MIRANDA the entire Council and Director Chan to attend as well.

COUNCILMEMBER Councilmember Breceda concurred with Councilmember Ortiz’s BRECEDA concerns relating to the street sweeper.

CITY MANAGER City Manager Miranda stated that he would like to request a street MIRANDA sweeping schedule from United Rock.

DIRECTOR CHAN Director Chan indicated that the pit currently contains a lot of water, which the trucks pass through and create mud and track it onto the streets. He added that a dredge would soon need to be brought to the Olive Pit to continue mining operations, which would hopefully occur by January. He added that staff has expressed the City’s concerns to the operator over the cleanliness of streets in an effort to minimize mud tracking and stated that City staff would work to expedite the relocation of the dredge in the hopes it would mitigate the concern.

CITY COUNCIL MINUTES SEPTEMBER 11, 2024
REGULAR MEETING PAGE 13
Another option would be to have the operator’s staff wash the truck tires before driving onto the street.

CITY MANAGER City Manager Miranda assured the Council that staff will work on the MIRANDA nuisance and provide solutions.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:30 p.m., in memory of Erlinda Duran.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Accounts Payable
User:

Printed:
nwoodard
9/19/2024 9:22 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
102699 IRWIND21 Irwindale Hand Wash & Auto Detail 09/05/2024 527.82 102700 NORMAN02 Norman A. Traub Associates 09/05/2024 1,505.56 102701 CALIFO56 California State Disbursement Unit 09/05/2024 604.15 102702 CALIFO57 California State Disbursement Unit 09/05/2024 143.07 102703 CITY01 City of Hope 09/05/2024 54.00
102704 FRANC06 Franchise Tax Board 09/05/2024 467.21
102705 LOSANG31 Los Angeles County Sheriff's Dept. 09/05/2024 70.60 102706 Ayala01 Leonor Ayala 09/05/2024 700.00
102707 CINDYS Cindy Shea 09/05/2024 2,100.00
102708 EVANS02 Gloria Evans 09/05/2024 225.00
102709 FLORE01 Karla Flores 09/05/2024 910.00
102710 HERB01 Blaine R Hebert 09/05/2024 225.00
102711 HOYEN Noelle Hoye 09/05/2024 1,190.00
102712 KREN01 William Krenz 09/05/2024 3,000.00
102713 LEDEZMA Erica Ledezma 09/05/2024 480.00
102714 LEWISE Lewis Engraving, Inc. 09/05/2024 141.12
102715 LOSANG18 Los Angeles County 09/05/2024 449.90
102716 MIRAND25 Blanche V. Miranda 09/05/2024 390.00
102717 NATION23 National Union Fire Insurance 09/05/2024 746.82 102718 NORMAN02 Norman A. Traub Associates 09/05/2024 4,979.94 102719 OPTUM01 OptumRx, Inc. 09/05/2024 37,662.99
102720 ACCOUN Robert Half 09/05/2024 970.76
102721 SCPLRC01 SCPLRC Membership 09/05/2024 300.00
102722 SCE02 Southern California Edison 09/05/2024 61,096.67 102723 STANDA03 Standard Insurance Company 09/05/2024 2,506.38 102724 VISION01 Vision Service Plan - (CA) 09/05/2024 2,023.90 102725 WAGONER Pamela Wagoner 09/05/2024 700.00
102726 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 09/12/2024 297.00 102727 AT&T02 AT & T 09/12/2024 34.10
102728 AT&T06 AT & T 09/12/2024 1,804.70
102729 BOONE01 Vanessa Darlene Boone 09/12/2024 75.00
102730 BURROL12 Crystal Burrola 09/12/2024 75.00
102731 CALIFO02 California American Water 09/12/2024 7,056.20 102732 SANGAB11 California Newspapers Partnership 09/12/2024 4,647.13 102733 CAMPOS03 Manuel Campos 09/12/2024 242.01
102734 CHARTE04 Charter Communicatons 09/12/2024 106.22 102735 CHICOB Bernie Chico 09/12/2024 75.00
102736 DIAZCA Camille Diaz 09/12/2024 75.00
102737 EVAN05 Theresa Evans 09/12/2024 121.26
102738 FLORE10 Anabel Flores 09/12/2024 75.00
102739 FRAIJO02 John Fraijo 09/12/2024 327.33
102740 FRONT01 Frontier Communications 09/12/2024 319.23 102741 GARCI12 Rocio Garcia 09/12/2024 75.00
102742 GOMEZ09 Alvin Gomez 09/12/2024 75.00
102743 HARDY01 Joseph Hardy 09/12/2024 63.20
102744 IRWIND21 Irwindale Hand Wash & Auto Detail 09/12/2024 681.78 102745 JOHNS01 Glen Johnsen 09/12/2024 45.20
AP Checks by Date - Summary by Check Number (9/19/2024 9:22 AM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
102746 JONES03 Richard D Jones, A Professional Law Corporation 09/12/2024 384.61 102747 KIML01 Kimley-Horn and Associates, Inc. 09/12/2024 3,915.00 102748 LIEBERT Liebert Cassidy Whitmore 09/12/2024 11,416.00 102749 LOPE19 Amber Lopez 09/12/2024 75.00
102751 PETTYC05 City of Irwindale-Admin Petty Cash 09/12/2024 401.29 102752 LEGAL03 Pre-Paid Legal Services, Inc. 09/12/2024 144.55 102753 PURCHA Purchase Power 09/12/2024 4,134.14
102754 RACAN01 Monica Racanoj 09/12/2024 75.00
102755 RODRI10 Gisela Rodriguez 09/12/2024 75.00
102756 SARINA Albert Sarinana 09/12/2024 300.00
102757 SCFUELS SC Fuels 09/12/2024 13,422.94
102758 SECT01 Sectran Security Inc. 09/12/2024 124.07
102759 SMART& Smart & Final 09/12/2024 1,579.86
102760 GASCOM SoCalGas 09/12/2024 365.95
102761 TAPI01 Regina Tapia 09/12/2024 75.00
102762 VALLEY01 Valley County Water District 09/12/2024 24,515.49 102763 WILLDAN Willdan Financial Services 09/12/2024 3,154.50 102764 ZEPEDA04 Dena Zepeda 09/12/2024 75.00
102765 ZEPEDA07 Priscilla Zepeda 09/12/2024 75.00
102766 ALESHIRE Aleshire & Wynder, LLP 09/12/2024 60,036.70 102767 BAKER01 Baker & Taylor Books 09/12/2024 60.79
102768 DEPTOF02 County of LA Dept of Animal Care & Control09/12/2024 1,545.17 102769 LIEBERT Liebert Cassidy Whitmore 09/12/2024 2,044.50 102770 RECPRO01 RecPro Systems, Inc 09/12/2024 1,475.00 102771 ACCO01 ACCO Engineering Systems 09/25/2024 2,556.00 102772 ALLCI01 All City Management Services, Inc 09/25/2024 1,086.30 102773 ATHENS Athens Services 09/25/2024 6,049.43
102774 BAKER01 Baker & Taylor Books 09/25/2024 878.95
102775 MIJACA Balcon Holdings, Inc. 09/25/2024 184.00
102776 BILLST Bill's Truck Repair, Inc. 09/25/2024 3,830.21 102777 CALI22 CAPIO 09/25/2024 55.00
102778 Cat Spec Cat Specialities Inc 09/25/2024 1,388.27 102779 CHANDL Chandler's Air Conditioning & 09/25/2024 306.00 102780 CINTAS Cintas Corporation #693 09/25/2024 150.29 102781 BALDWI02 City of Baldwin Park 09/25/2024 1,400.00 102782 CIVIC02 CivicPlus, LLC 09/25/2024 7,188.00
102783 COSTA01 Costar Realty Information, Inc. 09/25/2024 438.90 102784 LOSANG33 County of Los Angeles 09/25/2024 22,513.95 102785 CPOA CPOA 09/25/2024 700.00
102786 CWA01 CWA AIA, Inc 09/25/2024 4,637.25
102787 BATE01 Elior Inc. 09/25/2024 4,632.50
102788 FEDEX FedEx 09/25/2024 76.53
102789 FILLG01 Fill Good Landscaping 09/25/2024 415.00
102790 HASA01 Hasa Inc. 09/25/2024 1,867.10
102791 IMEG01 IMEG Consultants Corp. 09/25/2024 57,822.50 102792 INTELL01 Intelli-tech, Inc. 09/25/2024 8,483.00
102793 JOEAGO Joe A. Gonsalves & Son 09/25/2024 7,125.00 102794 LANDSC Landscape Warehouse III Inc. 09/25/2024 385.58 102795 LEXISN LexisNexis Risk Solutions 09/25/2024 151.51 102796 LOSANG20 Los Angeles County Fire Dept. 09/25/2024 663.00 102797 MAINTE01 Maintex 09/25/2024 144.37
102798 MIDAS Manuel C Muratalla 09/25/2024 1,627.52
102799 MORS01 Collette L. Morse 09/25/2024 1,800.00
102800 OFFICE03 ODP Business Solutions, LLC 09/25/2024 1,473.93 102801 ORKINP Orkin 09/25/2024 1,158.95
102802 PAPE01 Pape' Material Handling Inc. 09/25/2024 2,800.93 102803 PAYN01 Payne Pest Management 09/25/2024 1,386.00 AP Checks by Date - Summary by Check Number (9/19/2024 9:22 AM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
102804 PERF03 Performance Elevator Contractors, Inc. 09/25/2024 760.00 102805 PLACE01 PlaceWorks, Inc. 09/25/2024 1,022.55
102806 PROPRINT Pro Printing, Inc. 09/25/2024 55.75
102807 ACCOUN Robert Half 09/25/2024 416.04
102808 ROYAL04 Royal Industrial Electric 09/25/2024 1,312.36 102809 SIERRA01 Sierra Chevrolet 09/25/2024 659.51
102810 SUNBEL02 Sunbelt Rentals 09/25/2024 834.28
102811 TAB01 TAB Products Co. LLC 09/25/2024 525.00
102812 NORTHR The Northridge Group, Inc. 09/25/2024 7,231.98 102813 TRIANG01 Triangle Truck Parts 09/25/2024 35.32
102814 UNITED11 United Site Services of CA Inc 09/25/2024 589.50 102815 VERI01 Veritone, Inc. 09/25/2024 2,800.00
102816 WESTCO05 West Coast Arborists, Inc. 09/25/2024 2,758.40 102817 HDSUP01 WHITE CAP, L.P. 09/25/2024 112.41
102818 YTIRES Y Tire Sales 09/25/2024 381.27
102819 ACCO01 ACCO Engineering Systems 09/25/2024 925.00 102820 BALDW01 Baldwin Park Police Dept-Attn Vanessa Pineda09/25/2024 3,942.65 102821 GEOLOG Geologic Associates 09/25/2024 136,188.09 102822 HOSK01 Hoskins Equiptment Inc 09/25/2024 615.25
102823 IMPE01 Imperial County Office of Education 09/25/2024 3,142.00 102824 LOSANG09 Los Angeles County 09/25/2024 26,092.24 102826 MOTOR02 Motorola Solutions 09/25/2024 10,377.47
102827 ROSENO RSG Inc. 09/25/2024 1,790.00
102828 WESTCO05 West Coast Arborists, Inc. 09/25/2024 13,316.63 Report Total (128 checks): 631,171.48
AP Checks by Date - Summary by Check Number (9/19/2024 9:22 AM) Page 3

August 2024
Reference
Number Vendor Name Date Amount
WFB-37 CJPIA Excess Pool 8/7/2024 13,025.00
WFB-38 CalPERS 8/13/2024 1,500,000.00
ACH US Bank 8/9/2024 29,492.61
Report Total: 1,542,517.61
Electronic Payments
August 1 - 31, 2024

Item #19.C.

Date: September 25, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading - Ordinances 782, 783, 784
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 it is recommended that the City Council determine 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.

City Manager's Recommendation:
(1) Adopt on second 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) Adopt on second 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) Adopt on second 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 by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

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

Adrian R. Guerra, City Attorney
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.

At the regular meeting of September 11, 2024, the City Council conducted a duly noticed public hearing, received testimony from staff, the public, and the applicants, and closed the public hearing, and introduced for first reading by title only with further reading waived Ordinance Nos. 782, 783, and 784. It would now be appropriate for the City Council to adopt on second reading by title only with

further reading waived Ordinance Nos. 782, 783, and 784.

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 oversight, 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. CC Ordinance 782 Martin Marietta Amend No. 1(Final)

2. Signed Martin Marietta Priority Amendment

3. CC Ordinance 783 Vulcan Durbin Amend No. 1(Final)

4. Vulcan - Amendment No. 1 to Development Agreement for Durbin Quarry

5. CC Ordinance 784 Vulcan Amend No. 2(Final)

6. Vulcan - Amendment No. 2 to Development Agreement for Reliance I Quarry and Reliance II Landfill

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

Ordinance No. 782
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

Ordinance No. 782
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 )

Ordinance No. 782
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

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

Ordinance No. 783
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 prioritization of filling activities. The removal of the priority schedule will facilitate

Ordinance No. 783
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

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

Ordinance No. 783
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

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

Ordinance No. 784
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

Ordinance No. 784
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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

Ordinance No. 784

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

Item #21.A.

Date: September 25, 2024
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Receive Update on City of Irwindale Public Library Improvement Project (Project) and Provide Direction to Staff Relating to the Library Chairs City Manager's Recommendation:

That the City Council receive staff's update on the City of Irwindale Public Library Improvement Project (Project) and direct staff to proceed with incorporating the TMC Algonquin Lounge Chair into the Library
Administrative Action:

Submitted / Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

Shayna Balli, City Librarian
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Theresa Olivares, Assistant City Manager
Background and Analysis:

On August 7, 2024, the Irwindale City Council received an update from staff regarding the City of Irwindale Public Library Improvement Project (Project) and directed staff to:

1. Proceed with the original design of the Historical Room as presented at the July 24, 2024, City Council Meeting; and

2. Work with the architect to incorporate the City Logo at the front entrance of the library; and

3. Include the names of Irwindale families in the vinyl wall covering to be installed in the adult section of the library; and

4. Work with the designer to find an alternative chair for the historical room, preferably a Mexican-style chair.

To address council’s desire to incorporate a Mexican-style chair in the library, staff is recommending the TMC Algonquin Lounge Chair. This chair is best suited in the adult section of the library given its size and purpose. TMC furniture is being used throughout the library and this chair will be made of the same material, color, and panel design, allowing for seamless integration into the design of the library.

Staff is also recommending a blue vinyl/leather like material for the chair, which is durable, easy to clean, and coordinate with the library’s color scheme. Additionally, staff has confirmed that this chair may be adapted to include connectivity for electronic devices.

Staff evaluated options for including a Mexican-style chair in the library’s history room. Council and the community were previously advised that the historical room incorporates a table made from the oak trees to be removed from the future library site. This table will require table height chairs and the proposed lounge chairs will not accommodate this need. Furthermore, the use of the TMC chair in the adult area will allow for the chairs to be more visible and accessible to the library patrons.

This staff report will be supplemented by a PowerPoint presentation.

Fiscal Impact:

None
Attachments:

None

Item #21.B.

Date: September 25, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Update on the Irwindale Speedway
City Manager's Recommendation:

Receive and file or provide direction.

Administrative Action:

Submitted / Prepared by:

Marilyn Simpson, AICP, Community Development Director
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:

BACKGROUND AND ANALYSIS
At the request of Councilmember Breceda, the Community Development and Public Works Engineering Departments are providing a report on the status of the proposed Irwindale Speedway Commerce Center Specific Plan project.

Planning Application:

Staff received an application in February 2020 for a proposed Specific Plan at 500 Speedway Drive that included a General Plan Amendment, Zone Ordinance Amendment, Zone Change, and Tentative Parcel Map. The Specific Plan was for a master planned commercial and industrial business park consisting of 11 buildings with a maximum of 1,378,000 square feet of development.

The Specific Plan for the 63-acre site is proposed to have two (2) Planning Areas. • Planning Area 1:

1. 56 acres for Industrial Business Park development

2. Located on the south portion of the property
• Planning Area 2:

1. 7.3 acres for commercial development

2. Located on the north portion of the property along the Live Oak frontage An Environmental Impact Report (EIR) is being prepared by the consulting firm LSA.

Tentative EIR process timeline:
• Staff review of the Administrative Draft EIR – Complete by 9.30.24 • LSA to make revisions – 10.10.24
• 2
nd staff review of Administrative Draft EIR – Complete by10.21.24 • A 45-day public review period begins – 10.28.24 – 12.12.24 • LSA to prepare for Final EIR
• Public Hearings: Planning Commission: 1.15.25; City Council: 2.5.24 Geotechnical Concerns:

The applicant submitted a Geotechnical Investigation Work Plan (GWP) on April 9, 2024, for review and approval. The Engineering Staff has not yet approved the GWP, and it is currently undergoing a third round of review. This GWP includes proposed (1) field investigations (e.g., borings, test pits, trenching), (2) laboratory testing, and (3) settlement analysis. The purpose of this GWP is to evaluate the physical properties of the soil, fill materials, and subsurface conditions at the project site. This information is crucial for designing safe and efficient foundations and other structural components while ensuring safety, addressing environmental concerns, and complying with building codes.

Upon approval of the GWP, it is estimated that the applicant would require 6 to 9 months to produce a geotechnical remediation report for the City’s review.

Fiscal Impact:

None
Attachments:

None

Item #21.C.

Date: September 25, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Urgency Ordinance No. 785 To Establish a Temporary Moratorium Prohibiting the Processing of Applications or Approvals For Any and All Billboards City Manager's Recommendation:

Direct the City Attorney to read the title of the ordinance, waive further reading of the ordinance, and adopt the ordinance as an urgency measure by a roll call vote with a minimum 4/5 vote for Urgency Ordinance No. 785, entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA ESTABLISHING A 45-DAY

MORATORIUM ON THE PROCESSING OR APPROVAL OF ANY APPLICATIONS FOR BILLBOARDS, NEW

CONSTRUCTION OF BILLBOARDS, OR THE REPLACEMENT OR CONVERSION OF STATIC BILLBOARDS TO

BILLBOARDS WITH A DIGITAL DISPLAY, AS DEFINED HEREIN, AND DECLARING THE URGENCY THEREOF

AND THAT IT SHALL TAKE EFFECT IMMEDIATELY AND FINDING THE ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”
Administrative Action:

Submitted / Prepared by:

Julian A. Miranda, City Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager

Background and Analysis:

On August 8, 2012, the City Council of the City adopted Ordinance No. 659 which repealed and amended Chapter 17.72 of the Irwindale Municipal Code, entitled “Billboards.” Since then, the City has recognized the overconcentration of billboards and the technological advancements related to billboards, specifically the increase of new construction of billboards with a digital display and the replacement of static billboards to billboards with a digital display.

The City has a significant interest in preserving the public safety, health, and welfare of the City from any present or potential challenges that may undermine the City’s efforts to promote the City’s aesthetics and public safety regarding the overconcentration and technological advancements of billboards. Based on this, City staff believes that it is necessary to immediately place a temporary moratorium on the processing and approval of applications for any and all billboards, new construction of billboards (both static and with a digital display), and the replacement or conversion of static billboards to billboards with a digital display (the “Temporary Moratorium”) to thoroughly review, study, and analyze the regulations, fees, and applicable laws regarding billboards. Existing uses of the billboards, static and digital, may not sufficiently support the City’s goals and may continue to impact the community.

Under the current ordinance regarding billboards, should any new construction of billboards or the replacement or conversion of static billboards to billboards with a digital display be established in the community, such a development would constitute a current and immediate threat to the public safety, health and welfare in that such a development will continue or intensify impacts to the community.

Thus, while certain uses may benefit the City and the community with respect to advertising and signage, those same uses may serve to exacerbate impacts caused by the overconcentration or billboards and rise in billboards with digital displays.

Staff recommends adopting an interim urgency measure for the processing and approval of applications for any and all billboards, new construction of billboards (both static and with a digital display), and the replacement or conversion of static billboards to billboards with a digital display in order to mitigate or avoid the potential adverse impacts of such uses by allowing the City staff an opportunity to study these potential impacts before they occur and to develop changes to the zoning code which will allow City’s goals and objectives to be met.

Analysis:

Government Code section 65858(a) provides that “[w]ithout following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.”
Here, the proposal at issue is the review of regulations for billboards. In order to review and potentially

update these regulations, it is necessary for the City to first study (1) any implications or challenges associated with the increase of billboards and the potential impacts such land uses the billboards may have on the public safety, health, and welfare of the City, (2) the need for an increase in the annual development fee specified in the development agreement to mitigate impacts from billboards, (3) and the regulations applicable to billboards and the need to further adopt additional appropriate regulations. City staff believes that a Temporary Moratorium is necessary to ensure that new and converted billboards will be subject to potentially updated regulations. More importantly, without the Temporary Moratorium, the overconcentration of billboards may continue to operate and intensify the impacts to the community.

If adopted, the Temporary Moratorium would read as follows: “During the effective period of this Ordinance, no application for a billboard shall be processed or approved, no consideration of any application for a billboard shall be made, and no replacement or conversion of static billboards to billboards with a digital display shall be approved.”
During the period of this Ordinance, the City will be directed to thoroughly review, study and analyze laws, rules, procedures and fees related to the replacement or conversion of static billboards to billboard with digital displays and the applications for new construction and establishment of billboards to enable the City to adequately and appropriately preserve the public safety, health, and welfare of the communities in the City of Irwindale and mitigation for any related impacts.

If adopted, the Ordinance shall be effective for forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. Note, not later than ten (10) days prior to the expiration of this interim urgency Ordinance, the City Council shall issue a written report as required by applicable state law.

Staff is further recommending that this Ordinance be adopted as an urgency measure in accordance with Government Code sections 36934 and 36937. An urgency measure is authorized for the immediate preservation of the public peace, health or safety and shall take effect immediately upon a four-fifths vote of the City Council.

Here, enacting the Ordinance through the regular procedure (i.e. two readings and waiting thirty days for said ordinance to become effective) will be detrimental to the public peace, health or safety because, during that period, the processing and approval of applications for any and all billboards, new construction of billboards (both static and with a digital display), and the replacement or conversion of static billboards to billboards with a digital display may be established without the benefit of the implementation of proper use regulations and, as a result, such a development will continue or intensify impacts to the community. It is therefore necessary that this Ordinance go into effect immediately upon adoption for the immediate preservation of the public peace, health or safety.

Environmental Impact:

Pursuant to Section 15001 of the California Environmental Quality Act ("CEQA") Guidelines, this interim urgency Ordinance is exempt from CEQA based on the following:

1. This Ordinance is not a project within the meaning of Sections 15060(c)(3) and 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, either directly or indirectly.

2. Alternatively, this Ordinance is also exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since the proposed ordinance involves a temporary moratorium on the processing of applications or approvals for any and all billboards and it is clear that there is no possibility that the Ordinance may have a significant impact on the environment.

Fiscal Impact:

None
Attachments:

1. (IRW) Ordinance No. 785 - Urgency Moratorium Regarding Billboards(1016894.3)

01005.0001/1016894.3
ORDINANCE NO. 785

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA,

ENACTED PURSUANT TO CALIFORNIA ESTABLISHING A
45-DAY MORATORIUM ON THE PROCESSING OR

APPROVAL OF ANY APPLICATIONS FOR BILLBOARDS,

NEW CONSTRUCTION OF BILLBOARDS, OR THE

REPLACEMENT OR CONVERSION OF STATIC

BILLBOARDS TO BILLBOARDS WITH A DIGITAL

DISPLAY, AS DEFINED HEREIN, AND DECLARING THE

URGENCY THEREOF AND THAT IT SHALL TAKE EFFECT

IMMEDIATELY AND FINDING THE ADOPTION OF THE

ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. AUTHORITY AND EFFECT.

A. The State Planning and Zoning Law (Cal. Gov’t Code Sections 65000, et seq.) broadly empowers the City of Irwindale (the “City”) to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city.

B. This interim urgency ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Irwindale (the “City Council”) by Government Code Section 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that, such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove.

SECTION 2. FINDINGS.

The City Council of the City of Irwindale hereby finds, determines, and declares that:

A. On August 8, 2012, the City Council of the City adopted Ordinance No. 659 which repealed and amended Chapter 17.72 of the Irwindale Municipal Code (the “Code”), entitled “Billboards.”
B. Since August 8, 2012, the City has recognized that technological advancements related to billboards, particularly the rise of digital displays of billboards, have significantly transformed the landscape of advertising and signage.

C. The City has seen an increase in the establishment of billboards with a digital display and the replacement or conversion of existing static billboards to billboards with a digital display.

01005.0001/1016894.3
D. The City has a significant interest in preserving the public safety, health, and welfare of the City, especially when the overconcentration of billboards and the technological advancements regarding billboards with a digital display that could present challenges that potentially undermine the City’s efforts to promote the City’s aesthetics and public safety.

E. The City wishes to conduct a study of the potential impacts caused by the overconcentration of billboards and rise in billboards with digital displays.

F. The City believes it is necessary to conduct a comprehensive review of the existing regulations regarding billboards, explore best practices from other jurisdictions, and develop a revised framework consistent with applicable laws and regulations to address potential harmful impacts caused by the overconcentration of billboards and the rise in billboards with digital displays.

G. California Government Code Sections 65864, et seq., authorizes the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning purposes, encouraging private participation and comprehensive planning and identifying the economic costs of such development.

H. The City intends to explore whether amounts specified within the development agreement are current and accurately reflect the cost to the City to mitigate the impact of conversion or installment of the digital billboard structures.

I. Pursuant to Sections 36934 and 65858 of the California Government Code, to protect the public safety, health, and welfare , the City Council may, by a four-fifths vote, adopt as an urgency measure an interim ordinance prohibiting land uses that the City is studying, or intends to study, within a reasonable time.

J. A moratorium will provide the City with time to study (1) any implications or challenges associated with the increase of billboards and the potential impacts such land uses the billboards may have on the public safety, health, and welfare of the City, (2) the need for an increase in the annual development fee specified in the development agreement to mitigate impacts from billboards, (3) and the regulations applicable to billboards and the need to further adopt additional appropriate regulations.

K. To allow time for the City to consider, study, revise, and enact regulations for billboards, it is necessary to temporarily suspend the processing and approval of applications for any and all billboards, new construction of billboards (both static and with a digital display), and prohibit the replacement or conversion of static billboards to billboards with a digital display, as such uses may be in conflict with the development standards and implementation regulations that the City will ultimately impose after the City has considered and studied this issue, which shall be accomplished within a reasonable time.

L. For the reasons stated above, there is a current and immediate threat to the public safety, health, and welfare of the City and its community, thereby necessitating the immediate enactment of this moratorium as an urgency ordinance in order to ensure that the processing, approval,

01005.0001/1016894.3
establishment, replacement or conversion of billboards are as a result under adequate regulations.

Imposition of a moratorium will allow the City sufficient time to conclude the preparation of a comprehensive review of the regulations applicable for the regulation of billboards and further develop and adopt additional appropriate regulations.

M. The City Council intends that its provisions have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication or communicative materials that are protected by the First Amendment to the United States Constitution and the relevant provisions of the California State Constitution.

N. The City Council further finds that this is a matter of citywide importance and is not directed towards any particular parcel of property or proposed use.

O. The City Council now desires to adopt as an urgency measure an interim ordinance temporarily prohibiting the processing, review, or approvals of any and all billboards.

SECTION 3. MORATORIUM.

During the effective period of this Ordinance, no application for a billboard shall be processed or approved, no consideration of any application for a billboard shall be made, and no replacement or conversion of static billboards to billboards with a digital display shall be approved.

SECTION 4. REVIEW AND STUDY.

During the period of this Ordinance, the City shall study and develop as necessary City laws, rules, procedures and fees related to the replacement or conversion of static billboards to billboard with digital displays and the applications for new construction and establishment of billboards to enable the City to adequately and appropriately preserve the public safety, health, and welfare of the communities in the City of Irwindale.

SECTION 5. DEFINITIONS.

As used herein the following definitions shall apply:

A. “Billboard” means a sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or service. For purposes of this Ordinance, a billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained.

B. “Digital display” means the face of a billboard that is comprised of a digital or electronic face with intermittent messages.

C. “Static display” means the face of a billboard that has a fixed, printed face; is not digital and does not have a variable message display.

D. “New construction” means the construction of a new billboard (static or digital display) including the sign face and support structure.

01005.0001/1016894.3
SECTION 6. URGENCY MEASURE.

Based on the findings set forth in Section 2 above, the City Council declares that this Ordinance is necessary as an urgency measure to preserve and address existing and immediate threats to the public safety, health, and welfare. To enact the Ordinance after giving notice, holding a public hearing, and two (2) readings thereof, and thereafter wait thirty (30) days for said Ordinance to become effective, will be detrimental to the public safety, health, and welfare, in that during the interim period new applications for billboards may be processed, approved, or established without the benefit of the implementation of proper use regulations and, as a result, such a development will continue or intensify impacts to the community. It is therefore necessary that this Ordinance go into effect immediately upon adoption. This Ordinance, therefore, is adopted pursuant to the provisions of Sections 36934(b) and 65858 of the California Government Code, shall be adopted by a four-fifths vote of the City Council, shall take effect immediately upon its adoption pursuant to Section 36934(b) of the California Government Code, and shall remain in effect for a period of forty-five (45) days, subject to extensions as provided by law.

SECTION 7. SEVERABILITY.

The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.

SECTION 8. CEQA COMPLIANCE.

Pursuant to Section 15001 of the California Environmental Quality Act ("CEQA") Guidelines, this interim urgency Ordinance is exempt from CEQA based on the following:
(a) This Ordinance is not a project within the meaning of Sections 15060(c)(3) and 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, either directly or indirectly. (b) Alternatively, this Ordinance is also exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since the proposed ordinance involves a temporary moratorium on the processing of applications or approvals for any and all billboards and it is clear that there is no possibility that the Ordinance may have a significant impact on the environment.

Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk’s office within five (5) working days of the adoption of this Ordinance.

SECTION 9. PUBLICATION.

The Chief Deputy City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law.

01005.0001/1016894.3
SECTION 10. EFFECTIVENESS OF ORDINANCE.

This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code sections 36937 and 65858. This Ordinance shall be of no further force and effect forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. Not later than ten (10) days prior to the expiration of this interim urgency Ordinance, the City Council shall issue a written report as required by applicable state law.

PASSED, APPROVED AND ADOPTED this 25th day of September, 2024. _____________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 9:30 P.M.

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

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

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

ITEM NO. 27A MINUTES OF THE MEETING HELD AUGUST 28, 2024

MINUTES OF THE
MEETING HELD The minutes were approved as presented.

AUGUST 28, 2024

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:31 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 9:31 P.M.

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

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

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

ITEM NO. 33A MINUTES OF THE MEETING HELD AUGUST 28, 2024

MINUTES OF THE
MEETING HELD The minutes of the regular meeting held August 28, 2024, were AUGUST 28, 2024 approved as presented.

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:32 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary

Item #33.B.

Date: September 25, 2024
To: Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, Executive Director
Issue: Acquisition of Las Casitas First Amendment and Holdback Addendum City Manager's Recommendation:

That the Housing Authority Board authorize the Las Casitas First Amendment and Holdback Addendum.

Administrative Action:

Submitted / Prepared by:

Fernando Lopez, Housing Coordinator
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, Executive Director
Background and Analysis:

BACKGROUND AND ANALYSIS:

On April 24, 2024 a Purchase and Sale Agreement and Joint Escrow Instructions were executed by and between the Northridge Group and the Irwindale Housing Authority for the leasehold purchase of 5164 Ayon Avenue in the City of Irwindale commonly known as the Las Casitas Senior Housing Complex.

The Irwindale Housing Authority and the Northridge Group desired to amend the Original PSA with respect to the Closing Date and the Required Repairs.

As a result, the Seller and Buyer agree to the following:

Closing Funds and Documents Required from Buyer and Seller: Sections 4.1 and 4.2 are amended to require Buyer and Seller to each execute and deliver to Escrow Holder two (2) copies of the Holdback

Addendum in the form attached to the Amendment as Exhibit B (“Holdback Addendum”). At the Closing, Escrow Holder shall execute the Holdback Addendum and provide a copy to each of Buyer and Seller.

Closing Date: The parties agree to close Escrow as soon as possible. At the Closing and from Seller’s proceeds, the following amounts shall be held by Escrow Holder as follows:
(i) sum of Two Thousand Dollars ($2,500) shall be paid to Escrow Holder for the Holdback Services pursuant to the Holdback Addendum; and
(ii) the sum of Thirty seven thousand three hundred fifty four dollars ($37,354) shall be continue to be held by Escrow Holder pursuant to the Holdback Addendum (“Holdback Funds”).

Due Diligence and Due Diligence Period:
(i) Section 7.2 is amended to acknowledge that the parties confirm receipt of the Approved Inspection Report and that the Required Repairs (and the estimated cost of each item) are mutually agreed as summarized on Exhibit A attached to which are hereinafter referred to as the “Required Repairs.” The parties agree that the Required Repairs will not be a condition to Closing but shall be completed by Seller within sixty (60) days after the Closing (“Required Completion Date”). (ii) After Closing, Seller shall promptly and diligently perform the Required Repairs in accordance with all applicable laws and ordinances and shall not violate any of the rights of existing occupants. (iii) Upon completion of the each of the respective Required Repairs, Seller shall notify Buyer providing Buyer with the opportunity to review and approve same and Seller shall also provide Seller with copies of the respective invoices for the completed work (“Completed Approved Work”). (iv) From time to time after Buyer approves the Completed Approved Work, Buyer will direct Escrow Holder to release portions of the Holdback Funds as designated for the specific Completed Approved Work but not in excess of the amount specified for that specific Required Repair as itemized on Exhibit A. For subsequent requests for release of funds, Seller must also provide proof of payment and mechanic lien releases for the prior Completed Approved Work for which funds were disbursed. (v) Upon all the Required Repairs being completed and constituting Completed Approved Work, Seller shall provide Buyer with proof of payment for all the Completed Approved Work, and a title endorsement to Buyer’s Title Policy confirming no mechanic liens have been filed. After satisfaction of the foregoing, the balance of the Holdback Amount held in the Holding Escrow shall be promptly released to Seller.
(vi) If all the Required Repairs are not completed as Completed Approved Work by the Required Completion Date, the balance of the Holdback Amount shall be disbursed to Buyer which shall have the right to expend same to compete the remaining Required Repairs. (vii) Buyer shall promptly pay and discharge all demands for payment relating to the Required Repairs

conducted by Seller on the Property. In the event a claim or lien is recorded by reason of Seller’s work, Buyer, within twenty (20) days of such recordation, shall record or deliver a surety bond or provide other financial assurances reasonably acceptable to Buyer which is sufficient to release such claim or lien in accordance with applicable laws.
(viii) Seller hereby agrees to indemnify, and hold Buyer, its officers, agents and employees free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action, judgments, court costs and legal or other expenses (including attorneys' fees) which Buyer may suffer or incur as a consequence of Seller’s conducting the Required Repairs or any act or omission by Seller, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Seller with respect to the Property, excepting to the extent such claims arise out of the gross negligence or willful misconduct of Buyer. This provision shall survive the Closing of the PSA Escrow and the Holding Escrow.

STAFF RECOMMENDATION AND ALTERNATIVES:

Staff recommends that the Board approve the First Amendment and Holdback Addendum subject to the approval of the Executive Director and IHA’s legal counsel.

However, the following alternative actions are available for the Board’s consideration:

1. Identify changes the Board wants made to the First Amendment and Holdback Addendum and direct the IHA’s legal counsel and staff to return with another draft.

Fiscal Impact:

None
Attachments:

1. 1st Amend & Holdback Rpt 9-19-24

Item #33.C.

Date: September 25, 2024
To: Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, Executive Director
Issue: Las Casitas Senior Apartment Property Management Agreement Executive Director's Recommendation:

That the Housing Authority Board authorize the Property Management Agreement, subject to final approval as to form by the City Attorney’s Office.

Administrative Action:

Submitted by:

Fernando Lopez, Housing Coordinator
Reviewed by:

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

Julian A. Miranda, Executive Director
Background and Analysis:

The Irwindale Housing Authority owns that certain real property in the City of Irwindale, County of Los Angeles, State of California (APN. 8417-029-929) legally described in Exhibit A attached hereto which is

improved with multiple apartment buildings containing twenty-six (26) units, a clubhouse building and other improvements which is commonly known as Las Casitas Senior Housing Complex located at 5164 Ayon Avenue in the City of Irwindale.

Pursuant to the Lease/Regulatory Agreement, the Northridge Group currently operates the Housing Project. The Northridge Group transferred the Property to the Irwindale Housing Authority pursuant to that certain Quitclaim Deed recorded in the Official Records pursuant to that certain Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated April 24, 2024 (“PSA”).

As a result, the Northridge Group and the Irwindale Housing Authority produced a Property Management Agreement and agree to the following:

Effective Date. This Agreement shall be effective upon recordation of the Quitclaim Deed from Property Manager to Owner in the Official Records.

TERM - Base Term: This Agreement shall commence on the Effective Date for a term of one (1) year.

The Base Term shall automatically be renewed for one (1) additional year subject to termination pursuant to Section 3.2. The Base Term as may extended is hereinafter referred to as the “Term.” APPOINTMENT OF PROPERTY MANAGER:

Licensed Real Estate Broker: Property Manager represents and warrants to Owner that, as of the Effective Date, it is a real estate broker licensed by the State of California (License #01139884 expiring on July 1, 2028) and Property Manager covenants to maintain the License at all times during the Term at Property Manager’s sole cost and expense. Property Manager shall also maintain errors and omission insurance.

Appointment: As of the Effective Date, Owner hereby appoints and grants Property Manager the exclusive right to lease (on a month-to-month basis), operate and manage the AH Project as a senior affordable housing project in accordance with the requirements set forth in Exhibit B and the terms of this Agreement, and Property Manager accepts the appointment and grant, and agrees to:

1. Use due diligence in the performance of this Agreement; and

2. Furnish the services of its firm for the leasing, operation and management of the AH Project pursuant to the Requirements and utilizing a lease form approved by Owner.

Independent Contractor: It is understood and agreed that Property Manager shall act as and be an independent contractor and not an employee of Owner, and as an independent contractor, Property Manager shall obtain no rights or other employee benefits which accrue to Owner’s employees, and Property Manager hereby expressly waives any claim it may have to any such rights.

TENANTS: Owner shall locate, qualify and select proposed tenants for the AH Project and provide the information to Property Manager. Property Manager shall provide the annual certification to Owner that the tenants continue to qualify under the AH Leasing Requirements.

LEASING: Initiate, sign, renew, modify or cancel leases for the AH Project, or any part thereof; collect and give receipts for rents, other fees, charges and security deposits. Any lease executed by Property Manager for Owner shall only be month-to-month and, with respect to the rent shall comply with the AH Leasing Requirements. The form of lease shall be approved by Owner.

REPAIR-MAINTENANCE: Make, cause to be made, and/or supervise repairs, improvements, alterations and decorations to the AH Project; purchase, and pay bills for, services and supplies. Owner agrees that state and local water use restrictions will supersede any obligation by Property Manager or any tenant to water/maintain gardens, landscaping trees or shrubs. Property Manager shall obtain prior approval of Owner for all expenditures over Three Thousand Dollars ($3,000) for any one (1) item (“Expenditure Threshold Amount”). Upon Owner’s receipt of a written request for any expenditure in excess of the Expenditure Threshold Amount, Owner shall respond promptly but no later than three (3) business days.

PROPERTY MANAGEMENT FEES: Property Manager shall be paid the fees as set forth on Exhibit C (“Fee Schedule”). Property Owner shall not receive any fees, commissions or profits from unaffiliated companies or organizations in the performance of this Agreement.

The Property Management Agreement provides authority for the Executive Director to execute all documents to implement the transaction including authority to make modifications or amendments including extensions of time.

STAFF RECOMMENDATION AND ALTERNATIVES:

Staff recommends that the Board approve the Property Management Agreement subject to the approval of the Executive Director and IHA’s legal counsel.

However, the following alternative actions are available for the Board’s consideration:

1. Do not approve the Property Management Agreement.

2. Identify changes the Board wants made to the Property Management Agreement and direct the IHA’s legal counsel and staff to return with another draft.

Fiscal Impact:

The monthly management fee is $2,080, the annual re-certification fee due on the first day of June is $2,000, and the project software is $3 per unit per month.

With the anticipation of the escrow closing by the end of September, the owner would have to pay a grand total of $21,422 (Management Fee: $18,720 ($2,080 x 9 months (October 2024 to June 2025) + Project Software: $702 ($3 x 26 units x 9 months) + Re-Certification: $2,000) for the remainder of the fiscal year. No additional funding is being requested as there is sufficient funding available in the FY 2024-2025 adopted budget.

Attachments:

1. Property Managment Agreement PDF 9-19-2024