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
October 9, 2024
SPECIAL MEETING – 5:30 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
October 9, 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.
October 9, 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
October 9, 2024
SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
5. RECESS TO CLOSED SESSION
A. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 4846 Irwindale Avenue
Agency Negotiator - Julian Miranda, City Manager/Executive Director Negotiting Parties: Linda Edeggers
Under Negotiation: Price and terms of payment
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
Property: 14905 Los Angeles Street, Irwindale CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
B. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: One
6. RECONVENE IN OPEN SESSION
7. REPORT FROM CLOSED SESSION
8. ADJOURNMENT
October 9, 2024
REGULAR MEETING
9. CALL TO ORDER
10. PLEDGE OF ALLEGIANCE
11. INVOCATION
12. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola Mayor Albert F. Ambriz
13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
14. CHANGES TO THE AGENDA
15. COUNCIL MEMBER TRAVEL REPORTS
16. COUNCILMEMBER COMMENTS
17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
A. Introduction of Finance Technician Sylvia Tapia
B. Introduction of Sergeant Nick Lopez
C. Introduction of Corporal James Armstrong
18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Recognition of Irwindale Resident Aria Burrola
B. Insights from your Water District by Jose Martinez, Valley County Water District C. Quarterly Legislative Update from Gonsalves and Son
Department: Administration
Recommendation: Receive and file the presentation.
19. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings Held March 13, 2024, and September 25, 2024 Department: City Clerk
Recommendation: Approve
October 9, 2024
B. Warrants / Demands / Payroll
Department: Finance
Recommendation:
C. Approve Appropriation of Asset Forfeiture Funds
Department: Police
Recommendation: Adopt Resolution No. 2024-78-3555, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT." D. Biennial Conflict of Interest Code Update
Department: City Clerk
Recommendation: Adopt Resolution No. 2024-79-3556 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2022-93-3343 AND
ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS” reading by title only and waiving further reading thereof.
E. Adopt a Revised Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, the Irwindale Aquatics Center and Irwindale Parks
Department: Public Services
Recommendation: Adopt Resolution No. 2024-80-3557, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RECINDING RESOLUTION NO. 2024-16-3493 AND ADOPTING
A REVISED FACILITY & OPEN SPACE RENTAL POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE AQUATICS CENTER, AND IRWINDALE PARKS."
F. Award of Contract for 2024 Topographic and Hydrographic Survey Project; P-1070 Department: Engineering
Recommendation: That the City Council award a professional services contract in the amount of $148,500 to WestLand Group, Inc. for the Topographic and/or Hydrographic survey of seven (7) SMARA pits and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney.
G. Approve the Purchase of Two (2) Public Services Vehicles and Waive Formal Bidding Procedure Department: Public Services
Recommendation: That the City Council adopt Resolution No. 2024-81-3558 entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING
THE ISSUANCE OF A PURCHASE ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF TWO (2) PUBLIC SERVICES VEHICLES FOR THE PUBLIC SERVICES MAINTENANCE DIVISION”
October 9, 2024
H. Approve an Appropriation to Increase the Part-time Hours for Irwindale Recreation Department: Public Services
Recommendation: That the City Council adopt Resolution No. 2024-82-3559 entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR (FY) 2024-2025 ADOPTED BUDGET AND APPROPRIATING $45,000 TO THE RECREATION DIVISION BUDGET FOR THE ADDITIONAL 1,950 PART-TIME HOURS.”
20. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.
Each speaker will be limited to 3 minutes unless such time limits are extended. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. The Presiding Officer may, in his or her discretion, extend the 3-minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.
The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be 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
October 9, 2024
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 (Continued from September 25, 2024) 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. Speed Humps Polices, Guidelines, and Procedures
Department: Engineering
Recommendation: That the Irwindale City Council discuss the Speed Humps Policies, Guidelines, and Procedures and provide direction to staff.
22. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
A. Approve cancelation of FY 2024-2025 project implementation and use of Community Development Block Grant funding and defer it to FY 2025-2026 Department: Finance
Recommendation: Adopt Resolution No. 2024-77-3554, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CANCELING PREVIOUSLY APPROVED FISCAL YEAR (FY) 2024- 2025 PROJECT AND DEFERRING BOTH THE PROJECT IMPLEMENTATION AND USE OF ALLOCATED
FUNDS FROM LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT TO FY 2025-2026.”
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
October 9, 2024
27. CONSENT CALENDAR
A. Minutes of the Regular Meetings Held March 13, 2024, and September 25, 2024 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation:
28. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
29. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
30. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
31. ADJOURN
HOUSING AUTHORITY
32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
33. CONSENT CALENDAR
A. Minutes of the Regular Meetings Held March 13, 2024, and September 25, 2024 Department: City Clerk
Recommendation: Approve
B. Irwindale Housing Authority Annual Report for Fiscal Year (FY) 2023-2024 Department: Administration
Recommendation: Receive and file the FY 2023-2024 Irwindale Housing Authority Annual Report and direct that such report be filed with the City of Irwindale City Clerk's office and the Department of Housing and Community Development.
34. SPONTANEOUS COMMUNICATIONS
October 9, 2024
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.
A. Global Subordination Policy
Department: Administration
Recommendation: That the Housing Authority discuss the global subordination policy and provide direction to staff.
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 October 9, 2024, be posted at the City Hall, Library, and Post Office on October 3, 2024. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 13, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:01 P.M.
The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in special joint meeting 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
Absent: Councilmember Mark A. Breceda
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS There were no speakers.
RECESS TO At 5:33 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:
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, no direction provided and no action taken.
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: Las Casitas (5164 Ayon Avenue)
Parties: Northridge Group & Housing Authority
Under Negotiation: Price and terms of potential sale
ACTION: Update provided, no direction provided and no action taken.
RECONVENE IN At 6:30 p.m., the City Council reconvened in Open Session.
OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:30 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 13, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:30 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda (arrived at 6:31 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; 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
PLEDGE OF
ALLEGIANCE The Pledge of Allegiance was conducted.
AB 2449 DISCLOSURES None.
CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda noted that Item No. 18B, the presentation from MIRANDA the Manager of the Valley County Water District, would be moved to the meeting of March 27.
MAYOR AMBRIZ Mayor Ambriz requested that Item No. 24B, the consideration of a donation to the Irwindale Sister City, be moved to a future meeting.
COUNCILMEMBER
TRAVEL REPORTS None.
COUNCILMEMBER
COMMENTS
COUNCILMEMBER Councilmember Ortiz requested that tonight’s meeting be adjourned ORTIZ in memory of David “Chico” Fuentes.
INTRODUCTION OF
NEW EMPLOYEES /
PROMOTIONS None.
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
RECOGNITION OF RECOGNITION OF IRWINDALE CHEER TEAM AND COACHES
IRWINDALE CHEER
TEAM AND COACHES The recognition was made.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 2
PRESENTATION FROM PRESENTATION FROM VALLEY COUNTY WATER DISTRICT
VALLEY COUNTY GENERAL MANAGER, JOSE MARTINEZ, REGARDING MONTHLY
WATER DISTRICT BILLING AND THE WATER SUPPLY
GENERAL MANAGER
JOSE MARTINEZ The presentation was moved to the meeting of March 27, 2024.
REGARDING MONTHLY
BILLING AND THE
WATER SUPPLY
CONSENT CALENDAR
FRED BARBOSA Fred Barbosa made a suggestion for the use of 92 acres near Foothill Boulevard.
CARMEN ROMAN Carmen Roman requested that the councilmembers report on the trips that are being proposed at tonight’s meeting. She also asked a question about the lease of water rights that is being proposed, to which City Manager Miranda responded by citing from the staff report.
FRED BARBOSA Fred Barbosa asked whether a pump at the Athens property would be relocated, to which Director Rodriguez stated that staff would need to verify and report back.
DIRECTOR CHAN Director Chan added that the well at the site has been capped and sealed off.
FRED BARBOSA Fred Barbosa asked where water would be drawn from if the well has been capped and sealed.
MOTION A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 19A MINUTES OF THE SPECIAL AND REGULAR MEETINGS HELD MINUTES OF THE FEBRUARY 28, 2024
SPECIAL AND REGULAR
MEETINGS HELD The minutes of the special and regular meetings held February 28, FEBRUARY 28, 2024 2024, were approved.
ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL
WARRANTS / DEMANDS
/ PAYROLL The warrants / demands / payroll were approved.
ITEM NO. 19C APPROVE THE INSTALL AND 1-YEAR LEASE OF ELEVEN (11)
APPROVE THE AUTOMATIC LICENSE PLATE READER CAMERAS FROM FLOCK INSTALL AND 1-YEAR GROUP, INC.
LEASE OF ELEVEN
AUTOMATIC LICENSE
PLATE READER
CAMERAS FROM
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 3
FLOCK GROUP, INC.
RESOLUTION NO. Resolution No. 2024-13-3490, entitled:
2024-13-3490
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE WAIVING FORMAL BIDDING REQUIREMENTS
PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION
3.44.080(C), APPROVING AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH FLOCK
GROUP, INC. FOR THE SOLE SOURCE LEASE AND
INSTALLATION OF ELEVEN (11) FLOCK AUTOMATIC LICENSE
PLATE READER CAMERAS FOR THE IRWINDALE POLICE
DEPARTMENT,” was adopted.
ITEM NO. 19D APPROVAL OF OUT OF STATE TRAVEL TO THE NALEO 41ST
APPROVAL OF OUT ANNUAL CONFERENCE IN LAS VEGAS, NV FOR TWO CITY
OF STATE TRAVEL COUNCILMEMBERS
TO THE NALEO
41ST ANNUAL
CONFERENCE IN
LAS VEGAS, NV FOR
TWO CITY
COUNCILMEMBERS
RESOLUTION NO. Resolution No. 2024-20-3497, entitled:
2024-20-3497
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING OUT-OF-STATE TRAVEL FOR THE
MAYOR PRO TEMPORE AND ONE COUNCILMEMBER TO
ATTEND THE NATIONAL ASSOCIATION OF LATINO ELECTED
AND APPOINTED OFFICIALS 41ST ANNUAL CONFERENCE TO BE
HELD
ITEM NO. 19E APPROVE OUT-OF-STATE TRAVEL TO THE 2024
APPROVE OUT-OF INTERNATIONAL COUNCIL OF SHOPPING CENTERS
STATE TRAVEL TO CONFERENCE IN LAS VEGAS, NEVADA FOR TWO CITY THE 2024 COUNCILMEMBERS
INTERNATIONAL
COUNCIL OF
SHOPPING CENTERS
CONFERENCE IN
LAS VEGAS, NEVADA,
FOR TWO CITY
COUNCILMEMBERS
RESOLUTION NO. Resolution No. 2024-19-3496, entitled:
2024-19-3496
ADOPTED “A RESOLUTION OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING OUT-OF-STATE TRAVEL TO THE 2024
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 4
INTERNATIONAL COUNCIL OF SHOPPING CENTERS
CONFERENCE IN LAS VEGAS, NEVADA, FOR TWO CITY
COUNCILMEMBERS,” was adopted.
ITEM NO. 19F APPROVAL OF LEASE OF CITY’S WATER PRODUCTION RIGHTS APPROVAL OF LEASE FOR FISCAL YEAR 2023 / 2024
OF CITY’S WATER
PRODUCTION RIGHTS The Valley County Water District proposal and lease of the City’s FOR FY 23/24 285.38 acre-feet of water production rights for FY 2023/2024 was approved and the City Manager was authorized to sign the lease for the temporary assignment of the City’s water production rights.
ITEM NO. 19G APPROVE THE PURCHASE AND OUTFITTING OF FIVE (5)
APPROVE THE POLICE SERVICE VEHICLES AND WAIVE FORMAL BIDDING
PURCHASE AND PROCEDURE
OUTFITTING OF FIVE
(5) POLICE SERVICE
VEHICLES AND WAIVE
FORMAL BIDDING
PROCEDURE
RESOLUTION NO. Resolution No. 2024-14-3491, entitled:
2024-14-3491
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PER
IRWINDALE MUNICIPAL CODE SECTION 3.44.080(F) AND
APPROVING THE USE OF ASSET FORFEITURE FUNDS FOR THE
PURCHASE AND OUTFITTING OF FIVE POLICE SERVICE
VEHICLES,” was adopted.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA Dena Zepeda requested that the Council reconsider requiring individuals to attend meetings in order to donate their three minutes of speaking time under Spontaneous Communications to others. She also thanked staff for the informative housing workshop held recently.
CARMEN ROMAN Carmen Roman stated her belief that limiting comments to three minutes and requiring individuals to attend meetings in order to donate their speaking time to others equates to infringing on her rights.
NEW BUSINESS
ITEM NO. 21A APPROVE THE NAMING AND DEDICATION OF THE NEW
APPROVE THE IRWINDALE PARK TRELLIS (NORTH OF THE PLAZA FOUNTAIN)
NAMING AND IN HONOR OF MARGARET DIAZ
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 5
DEDICATION OF THE
NEW IRWINDALE PARK
TRELLIS IN HONOR
OF MARGARET DIAZ
COUNCILMEMBERS Councilmembers Breceda and Garcia recused themselves from this BRECEDA AND GARCIA item and exited the Council Chambers.
DIRECTOR RODRIGUEZ Director Rodriguez presented the staff report.
CARMEN ROMAN Carmen Roman spoke in favor of naming the facility in honor of Margaret Diaz.
FRED BARBOSA Responding to a question by Fred Barbosa, Director Rodriguez clarified that the Council, by majority vote, could take action to name a facility in honor of a live individual.
DENA ZEPEDA Dena Zepeda spoke in favor of naming the facility in honor of Margaret Diaz.
MAYOR PRO TEM Mayor Pro Tem Burrola briefly spoke on the many contributions to the BURROLA City made by Margaret Diaz.
RESOLUTION NO. Resolution No. 2024-15-3492, entitled:
2024-15-3492
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE NAMING THE NEW IRWINDALE TRELLIS NORTH OF
THE IRWINDALE PLAZA ‘THE MARGARET DIAZ PAVILION’, was
adopted on the motion of Mayor Pro Tem Burrola, seconded by Councilmember Ortiz, and unanimously approved; Councilmembers Breceda and Garcia absent.
ITEM NO. 21B ADOPT A FACILITY & OPEN SPACE RENTAL POLICY FOR THE
ADOPT A FACILITY DAN DIAZ RECREATION CENTER, IRWINDALE AQUATICS & OPEN SPACE CENTER, AND IRWINDALE PARKS
RENTAL POLICY
FOR THE DAN DIAZ
RECREATION CENTER,
IRWINDALE AQUATICS
CENTER, AND
IRWINDALE PARKS
DIRECTOR RODRIGUEZ Director Rodriguez presented the staff report.
YOLANDA GARCIA In response to a question by Yolanda Garcia, Director Rodriguez advised that the Picnic Shelter and the Margaret Diaz Pavilion have been added to the rental policy.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 6
DENA ZEPEDA Dena Zepeda also asked about the policy, to which Director Rodriguez noted that the area surrounding the existing Picnic Shelter is a separate, but rentable, space.
FRED BARBOSA Fred Barbosa suggested sending a diagram to residents with details about the new policy and rental prices, to which Director Rodriguez advised that, if the policy is approved, staff could prepare a flyer to send out to residents and can place information on the website.
MAYOR AMBRIZ Mayor Ambriz expressed concern that City Manager Miranda would potentially be one of the three officials authorized by Council to approve rental applications and would also be the one to decide the outcome of appeals, to which Director Rodriguez advised that appeals would be addressed by the Council. She also noted that the Parks & Recreation Commission greatly prefers having three individuals review and approve rental applications.
Mayor Ambriz repeated his concern and recommended removing the City Manager from the approval process and leaving him as part of the appeal process. He then asked how City Manager Miranda would feel with this change, to which he stated that he is fine with how the policy currently reads if the City Attorney states that it is appropriate as stated. He reiterated that the Council would address appeals.
CARMEN ROMAN Carmen Roman stated her opinion that having only one or two people approve applications has created problems.
DENA ZEPEDA Dena Zepeda stated that appeals could also be heard by Assistant City Manager Olivares and / or the Parks and Recreation Commission.
DIRECTOR RODRIGUEZ Director Rodriguez advised that she, along with Recreation Manager Zepeda and City Manager Miranda, review rental applications, and noted that the process is conducted fairly quickly and has not created any issues.
MAYOR AMBRIZ Mayor Ambriz suggested that the policy be made effective in 30 or 60 days to allow the community to familiarize themselves with it. He also advised that he would no longer pursue removing the City Manager from the application approval process.
FRED BARBOSA Fred Barbosa suggested sending information to residents soon so that they can familiarize themselves with it.
RESOLUTION NO. Resolution No. 2024-16-3493, entitled:
2024-16-3493
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADOPTING THE FACILITY & OPEN SPACE RENTAL
POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE
AQUATICS CENTER, AND IRWINDALE PARKS,” was adopted, on
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 7
the motion of Mayor Ambriz, seconded by Councilmember Ortiz, and unanimously approved; Councilmembers Breceda and Garcia absent.
CITY ATTORNEY City Attorney Guerra requested that the Council make a motion to GUERRA reconsider this item.
MOTION A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, to reconsider this matter. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.
CITY ATTORNEY City Attorney Guerra stated that, upon further reflection regarding GUERRA Mayor Ambriz’s concerns, he now recommends that applications be reviewed by the Recreation Manager or Aquatics Supervisor and the Public Services Director, excluding the City Manager, and that the Public Services Director be removed from the appeals process.
CARMEN ROMAN Carmen Roman stated that the Parks & Recreation Commission already voted on the resolution, to which Mayor Ambriz advised that the Commission only recommended approval to the Council. She also suggested that the Assistant City Manager be included in the application approval process, to which City Attorney Guerra stated that this would be fine from a legal standpoint, if this is what the Council chooses to do.
RESOLUTION NO. Resolution No. 2024-16-3493, entitled:
2024-16-3493
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADOPTING THE FACILITY & OPEN SPACE RENTAL
POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE
AQUATICS CENTER, AND IRWINDALE PARKS,” was adopted as
modified to include an effective date of April 15, 2024, and requiring that the City Manager be removed from the application approval process, and for the Public Services Director to be removed from the appeal process, on the motion of Mayor Ambriz, seconded by Councilmember Ortiz, and unanimously approved; Councilmembers Breceda and Garcia absent.
ITEM NO. 21C PROCEDURES FOR SIGNING UP FOR SENIOR CENTER
PROCEDURES FOR SPECIAL EVENTS, INCLUDING EVENING DINNERS AND SIGNING UP FOR DANCES – VERBAL REPORT
SENIOR CENTER
SPECIAL EVENTS,
INCLUDING EVENING
DINNERS AND DANCES
DIRECTOR RODRIGUEZ Director Rodriguez presented the verbal report.
FRED BARBOSA Fred Barbosa suggested charging residents a deposit for events, refundable only if they attend the event they registered for.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 8
PAT GONZALES Pat Gonzales agreed with Mr. Barbosa and stated that the Senior Center loses money when residents register to attend events but fail to do so. She added that other residents also lose out on the opportunity to attend when this occurs.
COUNCILMEMBER Responding to several questions by Councilmember Ortiz, Director ORTIZ Rodriguez discussed the timeline for residents and non-resident signups and how Councilmembers could sign up non-resident standbys.
MAYOR PRO TEM Mayor Pro Tem Burrola asked about revenue from event signups, to BURROLA which Director Rodriguez stated that she can gather the information and present it to the Council. She noted that teens typically all attend the trips they sign up for, but there are several seniors that routinely fail to attend their trips.
MAYOR AMBRIZ Mayor Ambriz requested for staff to consider the seniors issues when preparing the policy.
MAYOR PRO TEM Mayor Pro Tem Burrola requested that a policy be drafted so that BURROLA refunds due to seniors are processed as soon as possible, to which City Manager Miranda stated that the request will be placed on the agenda for future Council consideration.
MOTION A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Ortiz, to receive and file the presentation on the procedures for signing up for Senior Center special events, including evening dinners and dances. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.
ITEM NO. 21D AMEND THE BYLAWS OF THE IRWINDALE COMMUNITY
AMEND THE BYLAWS FOUNDATION
OF THE IRWINDALE
COMMUNITY
FOUNDATION
COUNCILMEMBER At 8:02 p.m., Councilmember Breceda returned to the Council BRECEDA Chambers.
CHIEF DEPUTY Chief Deputy City Clerk Nieto presented the report.
CITY CLERK NIETO
MOTION A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Ortiz, to approve the amended bylaws for the Irwindale Community Foundation. The motion was unanimously approved; Councilmember Garcia absent.
PUBLIC HEARINGS None.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 9
CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda reported the following:
MIRANDA
1) A Community Candlelight Memorial will be held March 14, to be led by Police Chaplain Robert Treitler.
2) The Upper San Gabriel Valley Municipal Water District is offering residential plant vouches and free “water-smart” kits.
3) Public Works Engineering is working on replacing various street signs.
4) He also reported on upcoming Library, Recreation, and Senior Center activities.
CHIEF HOFFORD Chief Hofford provided details on an upcoming disaster preparedness exercise that staff will undergo on March 28.
DENA ZEPEDA Dena Zepeda stated that certain areas of the City recently experienced a power outage and protested that there was “no emergency plan” in place. She stated that she distributed batteries and flashlights and that the City should have done more to help residents.
CARMEN ROMAN Carmen Roman stated that her house lost power and she had to send her grandchildren elsewhere. She suggested having generators, care packages, and tents available and to open the Senior Center and conduct welfare checks for seniors so that residents are not left in the dark.
LINDA MAREZ Linda Marez stated that, as a responsible adult, she already has items she would need in case of an emergency and suggested that individuals prepare themselves for such events.
FUTURE AGENDA
ITEMS REQUESTED
BY COUNCIL MEMBERS
ITEM NO. 24A REQUEST BY COUNCILMEMBER BRECEDA TO NAME THE
REQUEST BY IRWINDALE SENIOR CENTER AFTER MAGGIE GUZMAN
COUNCILMEMBER
BRECEDA TO NAME
THE IRWINDALE SENIOR
CENTER AFTER
MAGGIE GUZMAN
RECESS At 8:19 p.m., the Council took a short recess.
RECONVENE At 8:24 p.m., the Council reconvened in Open Session with all members except for Councilmember Garcia.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 10
CITY ATTORNEY City Attorney Guerra advised that he has explained the rules of this GUERRA item to Councilmember Breceda, who is comfortable in participating in the discussion.
CARMEN ROMAN Carmen Roman opposed naming the Senior Center after Maggie Guzman. She stated that there are other ways to honor living persons, though facilities should not be named after them.
DENA ZEPEDA Dena Zepeda agreed with Carmen Roman and stated that, should the Council approve naming the Senior Center after Maggie Guzman, she would request that the Council Chambers or City Hall be named after her.
FRED BARBOSA Fred Barbosa opposed naming the Senior Center after Maggie Guzman, stating that doing so would violate the Council’s own rules.
COUNCILMEMBER Councilmember Breceda stated that he requested this item in light of BRECEDA Mrs. Guzman’s age and noted Mrs. Guzman’s contributions to the City, including serving on the Senior Citizen Commission since its creation. He stated that he felt she deserved the honor.
COUNCILMEMBER Councilmember Ortiz suggested waiting to name facilities until after ORTIZ the honoree has deceased, as per the policy.
MAYOR PRO TEM Mayor Pro Tem Burrola concurred with Councilmember Ortiz.
BURROLA
COUNCILMEMBER Councilmember Breceda noted that the veterans monument includes BRECEDA the names of both living and deceased honorees. Additionally, the Dan Diaz Recreation Center is named after a living individual.
CARMEN ROMAN Carmen Roman stated that the service of commissioners does not compare to the service of those that gave their lives in the military.
MOTION A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, to take no action on Councilmember Breceda’s request to name the Senior Center after Maggie Guzman. The motion was approved; Councilmember Breceda opposed, Councilmember Garcia absent, and all others in favor.
MAYOR PRO TEM Mayor Pro Tem Burrola requested to place the two following matters BURROLA on upcoming agendas: 1) sign-up and reimbursement process for senior programs, and 2) block wall heights at 5130 Irwindale Avenue.
CITY MANAGER City Manager Miranda noted that these would be included in MIRANDA upcoming agendas for Council consideration.
CITY COUNCIL MINUTES MARCH 13, 2024
REGULAR MEETING PAGE 11
ITEM NO. 24B REQUEST BY MAYOR AMBRIZ FOR CONSIDERATION OF A
REQUEST BY MAYOR DONATION TO IRWINDALE SISTER CITY ASSOCIATION
AMBRIZ FOR
CONSIDERATION OF This item was continued to an unspecified future meeting.
A DONATION TO
IRWINDALE SISTER
CITY ASSOC.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:43 p.m., in memory of David “Chico” Fuentes. ________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 25, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:02 P.M.
The Irwindale CITY COUNCIL met in a special meeting at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
Absent: Councilmember H. Manuel Ortiz
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 6:03 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:
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: Councilmember Breceda recused himself from this matter due to a conflict of interest. Update provided, no direction provided, and no action taken.
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 Case: One
ACTION: Information provided; no action taken.
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
SPECIAL MEETING PAGE 2
RECONVENE IN At 6:37 p.m., the City Council reconvened in Open Session.
OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:38 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 25, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:38 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Manuel R. Garcia,
Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
Absent: Councilmember H. Manuel Ortiz
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 None.
COUNCILMEMBER
TRAVEL REPORTS None.
COUNCILMEMBER
COMMENTS None.
INTRODUCTION OF
NEW EMPLOYEES /
PROMOTIONS
ITEM NO. 17A INTRODUCTION OF MANAGEMENT ANALYST AUNDREA
INTRODUCTION OF BURROLA
MANAGEMENT
ANALYST AUNDREA The introduction was made.
BURROLA
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
ITEM NO. 18A 2024 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 2024 SAN GABRIEL UPDATE
VALLEY COUNCIL OF
GOVERNMENTS The presentation was made.
UPDATE
COUNCILMEMBER Councilmember Garcia requested a phone number for concerned GARCIA individuals to call regarding coyote sightings.
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 2
MAYOR AMBRIZ Mayor Ambriz acknowledged Senator Rubio’s grant of $300,000 in funding to the cities of Azusa, Duarte, and Irwindale to combat homelessness.
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, Councilmember Ortiz absent.
ITEM NO. 19A MINUTES OF THE SPECIAL AND REGULAR MEETINGS HELD MINUTES OF THE SEPTEMBER 11, 2024
SPECIAL AND REGULAR
MEETINGS HELD The minutes were approved as presented.
SEPTEMBER 11, 2024
ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL
WARRANTS /
DEMANDS / The warrants / demands / payroll were approved.
PAYROLL
ITEM NO. 19C 2ND READING – ORDINANCES 782, 783, AND 784 2 ND READING –
ORDINANCES 782,
783, AND 784
ORDINANCE NO. 782 Ordinance No. 782, entitled:
ADOPTED ON
SECOND 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,” and
ORDINANCE NO. 783 Ordinance No. 783, entitled:
ADOPTED ON
SECOND 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,” and
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 3
ORDINANCE NO. 784 Ordinance No. 784, entitled:
ADOPTED ON
SECOND 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
QUARRY AND RELIANCE II LANDFILL BY AND BETWEEN THE
CITY OF IRWIDNALE AND CALMAT CO., A DELAWARE
CORPORATION, DBA VULCAN MATERIALS COMPANY,
WESTERN DIVISION; LOCATED AT 15990 FOOHILL
BOULEVARD, IRWINDALE, CALIFORNIA,” were passed, approved, and adopted on second reading, reading by title only and reading resolutions thereof.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
NEW BUSINESS
ITEM NO. 21A RECEIVE UPDATE ON CITY OF IRWINDALE PUBLIC LIBRARY
RECEIVE UPDATE ON IMPROVEMENT PROJECT (PROJECT) AND PROVIDE
CITY OF IRWINDALE DIRECTION TO STAFF RELATING TO THE LIBRARY CHAIRS
PUBLIC LIBRARY
IMPROVEMENT This item was deferred to the next Council meeting due to a lack of PROJECT (PROJECT) quorum.
AND PROVIDE
DIRECTION TO
STAFF RELATING TO
THE LIBRARY CHAIRS
ITEM NO. 21B UPDATE ON THE IRWINDALE SPEEDWAY
UPDATE ON THE
IRWINDALE SPEEDWAY
DIRECTORS SIMPSON Directors Simpson and Chan jointly presented the report.
AND CHAN
MAYOR AMBRIZ In response to a request by Mayor Ambriz to have the City’s geotechnical consultants collaborate with the applicant’s experts, Director Chan advised that the two groups are presently discussing the matter together.
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to receive and file the report. The motion was unanimously approved, Councilmember Ortiz absent.
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 4
ITEM NO. 21C URGENCY ORDINANCE NO. 785 TO ESTABLISH A TEMPORARY
URGENCY MORATORIUM PROHIBITING THE PROCESSING OF
ORDINANCE TO APPLICATIONS OR APPROVALS FOR ANY AND ALL
ESTABLISH A BILLBOARDS
TEMPORARY
MORATORIUM
PROHIBITING THE
PROCESSING OF
APPLICATIONS OR
APPROVALS FOR ANY
AND ALL BILLBOARDS
CITY MANAGER City Manager Miranda presented the report.
MIRANDA
MAYOR AMBRIZ In response to a question by Mayor Ambriz, City Manager Miranda noted that, since Councilmember Ortiz is absent at tonight’s meeting, this matter would require a unanimous vote of the four
Councilmembers in attendance in order to proceed.
CARMEN ROMAN Carmen Roman asked whether the City could weigh in on billboard content and whether the City could still use the billboards located along the 605 freeway. She suggested that fees be collected in amounts equal to those of surrounding cities.
CITY ATTORNEY City Attorney Guerra indicated that the issues raised by Mrs. Roman GUERRA would be explored during the scope of the moratorium.
R. MONTGOMERY Richard Montgomery, representing Outfront Media, noted that his company has operated in Irwindale for 30 years. He stated that his company has applied to convert several static billboards to digital approximately 3.5 years ago, and again in 2021, and paid thousands in fees at those times. He complained that the process has taken too long. He also objected to the concern to public safety caused by digital billboards and noted the income that digital billboards earn.
FRED BARBOSA Fred Barbosa asked whether the City is in conflict if it is charged with policing its own billboards, to which City Attorney Guerra stated that, if it were not for the City, there would be no authority to regulate the billboards.
CITY MANAGER City Manager Miranda noted that there are currently 42 billboards in MIRANDA Irwindale, with three active applications. Of those, 36 are static billboards.
CITY ATTORNEY City Attorney Guerra stated that staff is concerned that the 36 static GUERRA billboards could be converted to digital, and that staff wishes to study the concern to ensure that appropriate regulations are implemented.
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 5
R. MONTGOMERY Richard Montgomery stated that his company is willing to take down its 32 billboards as part of the ongoing conversion to digital displays.
DENA ZEPEDA Dena Zepeda expressed concern over “brain waves” and suggested that staff monitor “digital stuff.”
COUNCILMEMBER Councilmember Garcia asked whether the ordinance could be GARCIA adopted while exempting the three applications currently underway, to which City Manager Miranda stated that he does not foresee any issues in fulfilling this request.
DIRECTOR SIMPSON Director Simpson clarified that there are two active applications at the Park at Live Oak site and are being processed individually.
COUNCILMEMBER Responding to a question by Councilmember Garcia, City Attorney GARCIA Guerra recommended changing the verbiage in the ordinance to reflect that the moratorium would not apply to the three active applications on file, nor would any fee increases apply, if that is what the Council would prefer.
MAYOR PRO TEM Mayor Pro Tem Burrola concurred with Councilmember Garcia and BURROLA asked why the applications have not been fully processed yet, to which Assistant Planner Martin Romero expressed his belief that the applicant is experiencing issues with CalTrans, among other potential issues.
Mayor Pro Tem Burrola requested additional information relating to the delayed applications to resolve the delay quickly.
CITY MANAGER In response to a question by City Manager Miranda, Mr. Montgomery MIRANDA indicated that the Kincaid side is owned by Outfront Media, and that Five Points owns the westside.
DIRECTOR SIMPSON Director Simpson added that, should the Council approve the moratorium except for the three active applications, staff would continue to process these applications.
ORDINANCE NO. 785 Ordinance No. 785, entitled:
INTRODUCED FOR
FIRST READING “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,” with additional language to
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 6
section 3 of the ordinance, to include “not withstanding the forgoing, this ordinance and moratorium shall not apply to any billboard related application on file with the Community Development Department as of the effective date of this ordinance,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Councilmember Garcia, seconded by Mayor Pro Tem Burrola, and unanimously approved; Councilmember Ortiz absent.
PUBLIC HEARINGS None.
CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:
MIRANDA
1) Applications for several open positions within the City are still being accepted by the Human Resources Department.
2) An Open House relating to the “Safe Streets for All” Action Plan will be held on October 3.
3) He also briefly discussed upcoming Recreation Department activities.
FUTURE AGENDA
ITEMS REQUESTED
BY COUNCIL MEMBERS
MAYOR PRO TEM Mayor Pro Tem Burrola requested that a speed survey be conducted BURROLA on Hidalgo and Martinez Streets since residents have requested for the installation of speed humps. He requested that the survey also be made available online.
CITY MANAGER City Manager Miranda asked whether Mayor Pro Tem Burrola would MIRANDA be ok with staff presenting the speed hump policy to the Council at its next meeting, which Mayor Pro Tem Burrola accepted.
MAYOR PRO TEM Mayor Pro Tem Burrola also requested to discuss increased traffic BURROLA control measures on Meridian Street, noting residents’ concerns over speeding motorists, to which City Manager Miranda advised that staff has previously looked into this concern but will re-analyze it with the assistance of the Traffic Engineer and will provide an update to the Council.
Mayor Pro Tem Burrola also asked that staff look into planting a vine at the house located on the corner of Ambriz Street to deter vandalism, to which City Manager Miranda advised that staff would perform a site visit and will speak to the property owner regarding the concern.
MOTION A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Breceda, to add the three matters to future agendas
CITY COUNCIL MINUTES SEPTEMBER 25, 2024
REGULAR MEETING PAGE 7
for further consideration. The motion was unanimously approved, Councilmember Ortiz absent.
COUNCILMEMBER Councilmember Breceda advised that members of Al Cruz’s family BRECEDA requested a public dedication of the street that was named in his honor, to which City Manager Miranda advised that staff would work with Mr. Cruz’s family and will provide an update to the Council. He also asked whether staff could be allowed to handle the request administratively, to which Councilmember Breceda stated that this would be acceptable.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:38 p.m., in memory of Erlinda Duran.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
September 2024
Reference
Number Vendor Name Date Amount
WFB-39 CJPIA Excess Pool 9/5/2024 9,962.27
ACH US Bank 9/10/2024 25,582.54
Report Total: 35,544.81
Electronic Payments
September 1 - 30, 2024
Accounts Payable
User:
Printed:
nwoodard
10/2/2024 12:28 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
102829 CALRE01 CalRecycle 09/19/2024 3,610.86
102830 DEPTOF02 County of LA Dept of Animal Care & Control09/19/2024 4,734.60 102831 RECPRO01 DaySmart Software 09/19/2024 1,475.00
102832 MIRAN10 Julian A. Miranda 09/19/2024 56.74
102833 PHASEII PARS 09/19/2024 1,750.00
102834 WESTCO05 West Coast Arborists, Inc. 09/19/2024 3,328.50 102835 CALIFO56 California State Disbursement Unit 09/19/2024 604.15 102836 CALIFO57 California State Disbursement Unit 09/19/2024 143.07 102837 CALIFO58 California State Disbursement Unit 09/19/2024 100.00 102838 CITY01 City of Hope 09/19/2024 54.00
102839 FRANC06 Franchise Tax Board 09/19/2024 488.25
102840 ICEA Irwindale City Employee Assoc. 09/19/2024 936.00 102841 IMEA Irwindale Mgmt Employee Assoc. 09/19/2024 480.00 102842 IRWIND02 Irwindale Police Officers Assoc. 09/19/2024 3,088.00 102843 LOSANG31 Los Angeles County Sheriff's Dept. 09/19/2024 27.97 102844 ACOSTA01 Carol Acosta 09/19/2024 600.00
102845 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 09/19/2024 1,246.00 102846 DF01 Anselmo Ryan Angulo 09/19/2024 600.00
102847 AT&T06 AT & T 09/19/2024 176.19
102848 CINGULAR AT & T Mobility 09/19/2024 1,757.73
102849 BARBA01 Columba Barba 09/19/2024 1,350.00
102850 BRECED04 Mark A. Breceda 09/19/2024 859.45
102851 BURRO01 Burro Canyon Ent. Inc. 09/19/2024 40.00
102852 CALIFO02 California American Water 09/19/2024 1,455.63 102853 CAMACH01 Elias Camacho 09/19/2024 45.20
102854 CHACON01 Monique Chacon 09/19/2024 75.00
102855 CONCEN01 Concentra Health Services, Inc. 09/19/2024 24.00 102856 DGINV01 Convergint Technologies LLC 09/19/2024 1,660.03 102857 FRONT01 Frontier Communications 09/19/2024 117.33 102858 IRWIND21 Irwindale Hand Wash & Auto Detail 09/19/2024 869.68 102859 Jayan01 Govind Jayan 09/19/2024 75.00
102860 JOHN01 Roger William Johnson 09/19/2024 1,200.00 102861 JURADO01 Hector Jurado 09/19/2024 75.00
102862 LAMIRA01 La Mirada Theatre for the Performing Arts 09/19/2024 2,232.24 102863 LAI01 Irene Lai 09/19/2024 7.50
102864 LOPEZJ01 Jade Lopez 09/19/2024 218.57
102865 MARI01 Mariachi Lindas Mexicanas Inc. 09/19/2024 1,500.00 102866 MORALE15 Elizabeth Morales-Velazquez 09/19/2024 52.57 102867 PEARSO01 NCS Pearson, Inc 09/19/2024 204.00
102868 OPTUM01 OptumRx, Inc. 09/19/2024 32,762.36
102869 ORTEGA07 Norma Ortega 09/19/2024 75.00
102870 ORTIZH H. Manuel Ortiz 09/19/2024 65.01
102871 PSYCHO01 Psychological Consulting Associates, Inc 09/19/2024 462.00 102872 QUIJAD01 Bertha Quijada 09/19/2024 7.50
102873 RICOH01 Ricoh USA, Inc 09/19/2024 16.65
102874 SCE02 Southern California Edison 09/19/2024 432.29 102875 TAPIA01 Matthew Tapia 09/19/2024 45.20
AP Checks by Date - Summary by Check Number (10/2/2024 12:28 PM) Page 1
Check No Vendor No Vendor Name Check Date Check Amount
102876 TEXAS01 Texas Life Insurance Co. 09/19/2024 4,527.74 102877 VASQUE07 Manuel Vasquez 09/19/2024 75.00
102878 verizonw Verizon Wireless 09/19/2024 2,422.93
102879 WOLL02 Susan Margaret Woolley 09/19/2024 5,760.00 Report Total (51 checks): 83,969.94
AP Checks by Date - Summary by Check Number (10/2/2024 12:28 PM) Page 2
Accounts Payable
User:
Printed:
nwoodard
10/2/2024 12:29 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
102881 LOSANG33 County of Los Angeles 09/26/2024 36,016.98 102882 AMAZON1 Amazon Capital Services, Inc. 09/26/2024 3,543.27 102883 AMERIC40 America West Tour & Charter Inc. 09/26/2024 1,400.00 102884 OROSCO05 Rebecca Bardales 09/26/2024 122.92
102885 NEST01 Blue Triton Brands, Inc. 09/26/2024 882.89 102886 BRAVO01 Jesus Bravo 09/26/2024 23.00
102887 BURGUA01 Rene Burguan 09/26/2024 4,000.00
102888 BURKEW Burke, Williams & Sorensen 09/26/2024 12,487.50 102889 CARLOS05 Michael Carlos 09/26/2024 400.00
102890 CARLS01 Cory Carlson 09/26/2024 300.00
102891 CUCAL01 Jonamhae Sam Cucal 09/26/2024 176.39
102892 ENVIRO05 Environmental Science Associates (ESA) 09/26/2024 44,148.81 102893 IRWIND21 Irwindale Hand Wash & Auto Detail 09/26/2024 678.78 102894 RICOH01 Ricoh USA, Inc 09/26/2024 1,678.81
102895 RICOH02 Ricoh USA, Inc 09/26/2024 1,673.13
102896 SEALB01 Seal Beach Anglers, Inc. 09/26/2024 2,800.00 102897 SOUTH06 South Coast AQMD 09/26/2024 8.30
102898 verizonw Verizon Wireless 09/26/2024 831.21
102899 VILLA10 Oscar Guillermo Villa 09/26/2024 2,100.00 102900 CITYOF11 City of Azusa 09/30/2024 5,059.47
102901 CITYOF18 City of Santa Fe Springs 09/30/2024 44,629.24 102902 LOSANG33 County of Los Angeles 09/30/2024 757.50 102903 WESTCO05 West Coast Arborists, Inc. 09/30/2024 16,159.50 102904 SCE02 Southern California Edison 10/01/2024 61,597.58 102905 SCE02 Southern California Edison 10/01/2024 44,508.14 102906 ACCO01 ACCO Engineering Systems 10/09/2024 56,372.94 102907 AZBUS01 A-Z Bus Sales 10/09/2024 1,876.09
102908 BAKER01 Baker & Taylor Books 10/09/2024 268.72
102909 MIJACA Balcon Holdings, Inc. 10/09/2024 222.00
102910 BARNEY Barney's Locksmith Service 10/09/2024 343.75 102911 BILLST Bill's Truck Repair, Inc. 10/09/2024 175.00 102912 BUSINE05 Business Radio Licensing 10/09/2024 115.00 102913 CALI12 California Consulting Inc. 10/09/2024 13,500.00 102914 CALI22 CAPIO 10/09/2024 365.00
102915 CINTAS Cintas Corporation #693 10/09/2024 426.35 102916 CONVER Converse Consultants, Inc. 10/09/2024 1,035.00 102917 DEPTOF02 County of LA Dept of Animal Care & Control10/09/2024 1,561.61 102918 CSG01 CSG Consultants 10/09/2024 1,181.25
102919 DOOLEY Dooley Enterprises, Inc. 10/09/2024 5,484.48 102920 DUDEK01 Dudek 10/09/2024 9,382.50
102921 ECORP01 ECORP Consulting, Inc. 10/09/2024 14,103.75 102922 ENVIRO05 Environmental Science Associates (ESA) 10/09/2024 3,957.01 102923 FCG01 FCG Consultants Inc. 10/09/2024 2,153.22
102924 FRAZ01 Frazier Capitol Valuation, Inc 10/09/2024 1,800.00 102925 FWEP01 FWEP Aquisitioin Inc 10/09/2024 157.82
102926 HDL01 Hdl Software, LLC 10/09/2024 34.56
102927 INTER01 Interwest Consulting Group 10/09/2024 3,420.00 AP Checks by Date - Summary by Check Number (10/2/2024 12:29 PM) Page 1
Check No Vendor No Vendor Name Check Date Check Amount
102928 JOEAGO Joe A. Gonsalves & Son 10/09/2024 2,375.00 102929 LANDSC Landscape Warehouse III Inc. 10/09/2024 181.61 102930 LAWE01 Law Enforcement Medical Services, Inc. 10/09/2024 725.00 102931 LEWISE Lewis Engraving, Inc. 10/09/2024 35.28
102932 MARIPO Mariposa Landscapes, Inc. 10/09/2024 162,977.28 102933 MMASC MMASC 10/09/2024 125.00
102934 MOUNT01 MNRO Holdings, LLC 10/09/2024 123.44
102935 NICH01 Nichols Lumber & Hardware CO 10/09/2024 1,009.62 102936 NOVA01 Nova Geotechnical & Inspection Services - SoCal 10/09/2024 18,964.53 102937 OFFICE03 ODP Business Solutions, LLC 10/09/2024 94.25 102938 ORKINP Orkin 10/09/2024 307.99
102939 PHASEII PARS 10/09/2024 1,750.00
102940 PATTON Patton Sales Corp (Arrow Pipe) 10/09/2024 94.50 102941 PROPRINT Pro Printing, Inc. 10/09/2024 1,974.92
102942 SANGAB16 San Gabriel Basin Water 10/09/2024 2,256.00 102943 SOUTH09 Southern Computer Warehouse Inc, 10/09/2024 1,247.78 102944 STERIC01 Stericycle, Inc. 10/09/2024 100.12
102945 LEES01 Chad A. Streelman 10/09/2024 97.02
102946 UNITED05 United Rentals, Inc. 10/09/2024 378.23
102947 HDSUP01 WHITE CAP, L.P. 10/09/2024 249.81
102948 YTIRES Y Tire Sales 10/09/2024 827.19
Report Total (68 checks): 599,814.04
AP Checks by Date - Summary by Check Number (10/2/2024 12:29 PM) Page 2
Item #19.C.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Appropriation of Asset Forfeiture Funds
City Manager's Recommendation:
Adopt Resolution No. 2024-78-3555, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT."
Administrative Action:
Submitted by:
Christopher Hofford, Chief of Police
Prepared by:
John Fraijo, Police Captain
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Department of Justice (DOJ) Equitable Sharing Program (Asset Forfeiture) was federally enacted in 1984. The primary purpose of this program is to assist law enforcement in the deterrence of crime by depriving criminals of the profits and proceeds of their criminal activities and to weaken criminal enterprises by removing the instrumentalities of crime. An ancillary purpose of this program is to enhance cooperation among federal, state and local law enforcement agencies through the equitable sharing of federal forfeiture proceeds.
The Irwindale Police Department in cooperation with federal, state, and local agencies, has participated in several investigations over the past four years that have resulted in the seizure of personal property to include automobiles and U.S. currency. Through the Equitable Sharing Program, the police department applied for and received a portion of funds from each related investigation from both federal and state equitable sharing programs. Allocations of funds through these programs are determined by the percentage of time and effort that a participating agency puts toward the case investigation that resulted in seized property.
Federal and state laws dictate permissible and non-permissible purchases that can be made with the received asset forfeiture funds under the asset forfeiture program. Permissible items for purchase with the received funds include law enforcement training in any area that is necessary to perform official law enforcement duties, equipment and operations for investigations and official law enforcement duties, telecommunications equipment, and law enforcement facilities and related items to include government furniture.
Asset forfeiture funds cannot be used for regular salaries of existing police officers, but may be used for the salary of police officers assigned to a specific task force for a specified period of time or under certain other conditions. The permissible appropriation of funds will include:
• Salary and overtime costs associated with asset forfeiture investigations • Law enforcement training
• Hardware, software, wireless connectivity and other required equipment related to the department's reporting and telecommunications infrastructure • Radio Communication Systems / In-car camera system / MDC-Mobile Data • Video surveillance equipment
• Equipment and operations related to investigations
• Executive Conferences - In State/Out of State
The police department has received an additional $13,756.47 for fiscal year 2023-2024 in federal asset forfeiture proceeds. These IPD’s federal asset forfeiture funds, are held in the Federal Treasury Fund (Fund 16). These funds are separate from the General Fund, and supplemental to the current operating budget.
Fiscal Impact:
The attached resolution allows for the receipt of, and an appropriation of $13,756.47 in federal asset forfeiture revenue to be distributed to the City of Irwindale Police Department Operating Supplies expenditure account number 16-35-370-42200-0000.
Attachments:
1. Resolution Asset Forfeiture Appropriation 10-09-24
01005.0010/872098.1
RESOLUTION NO. 2024-78-3555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET
FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and WHEREAS, the City of Irwindale Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past years; and
WHEREAS, the United States Department of Justice and the California Department of Justice have an Equitable Sharing Program that allows law enforcement agencies to share in federal forfeiture proceeds from property seized during these investigations; and WHEREAS, federal and state laws dictate that these funds must be utilized by the Police Department for investigations and operations related to asset forfeiture investigations and/or training and equipment related to official law enforcement duties; and WHEREAS, the Police Department has received an additional $13,756.47 in federal asset forfeiture proceeds for fiscal year 2023-2024, which is ready for use by the Police Department in accordance with federal and state law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Asset forfeiture funds obtained through the U.S. Department of Justice Equitable Sharing Program, in the amount of $13,756.47 are approved, received as supplemental to the Police Department Budget, available to be appropriated.
SECTION 2. The City Council hereby appropriates the $13,756.47 in federal asset forfeiture funds to the City of Irwindale Police Department Operating Supplies expenditure account number 16-35-370-42200-0000. These funds shall be used in accordance with federal and state law for expenditure of federal asset forfeiture funds.
SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
Resolution No.2024-78-3555
PASSED, APPROVED AND ADOPTED this 9th day of October, 2024.
01005.0010/872098.1
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 Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-78-3555 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 9th day of October, 2024, by the followingvote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2024-78-3555
Item #19.D.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Biennial Conflict of Interest Code Update
City Manager's Recommendation:
Adopt Resolution No. 2024-79-3556 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2022-93-3343 AND ESTABLISHING A CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS” reading by title only and waiving further reading thereof.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Political Reform Act (Government Code Section 81000, et seq.) requires public agencies in California to adopt a Conflict of Interest code. This code designates positions required to file Statements of Economic Interests (Fair Political Practices Commission “FPPC” Form 700), and assigns disclosure categories specifying the types of interests to be reported. Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests held by certain employees, consultants, and members of boards and commissions, which may create conflicts of interest if these persons are likely to be involved in decision-making that could affect their own financial interests.
Each local agency code must contain the following:
1. Terms of the Code
The terms of the code comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures, etc. The FPPC recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is complex, and Regulation 18730 contains all of these provisions. Staff has adhered to this recommendation and has included the most recently adopted version of Regulation 18730 as Appendix A to the proposed Resolution.
2. Designated Positions
The code must specifically list positions that make or participate in making decisions. Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in codes. Note: Positions listed in Government Code Section 87200 (i.e. Members of the City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, etc.) are not required to be included, as these positions are required to file Form 700 pursuant to Government Code 87200.
To ensure conflict of interest codes remain current and accurate, each local agency is required to review its code at least every even-numbered year. A local agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials and employees who should be filing Form 700s.
Since the City Council’s last review and adoption of the Conflict of Interest Code in 2022, there have been changes to the agency's organizational structure, positions have been eliminated or renamed, and new positions have been added.
The City’s Executive Team has reviewed the list of designated employees and the following updates have been provided. Updates have been made in accordance with the Resolutions and recommendations listed below:
Position Disclosure Category Add/Remove/Update Note
Associate Engineer 2 Add Position is funded /
staffed
Building Inspector 2 Add Resolution No. 2024-
69-3546
Executive Assistant 2 Remove Position is currently
frozen / unfunded
Maintenance Lead
Worker
2 Remove
Substantial change in
duties since the
schedule was last
approved
It would now be appropriate for the Conflict of Interest Code to be updated, incorporating the changes indicated in the table above.
Fiscal Impact:
There is no fiscal impact associated with the adoption of the proposed resolution.
Attachments:
1. Local Agency Biennial Notice 2024
2. Resolution No. 2022-93-3343
3. Resolution No. 2024-79-3556 Conflict of Interest Code Update
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
City of Irwindale - 5050 N. Irwindale Avenue, Irwindale, CA 91706 PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
RESOLUTION NO. 2022- 93- 3343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2020- 68- 3228 AND
ESTABLISHING A CONFLICT OF INTEREST CODE
FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS
A. Recitals.
i) The Political Reform Act of 1974, California Government Code §§ 81000 et seq. has in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest codes adopted and promulgated pursuant to its provisions.
ii) The Fair Political Practices Commission has adopted a regulation, Division 6 of Title 2, California Code of Regulations, § 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after requisite public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code §§ 11370, et seq. iii) Incorporation by reference of the terms of the
aforementioned regulation and amendments to it in this City's Conflict of Interest Code will save this Council time and expenditure of public funds by minimizing the actions required of this Council to maintain conformity with the Political Reform Act.
iv) Pursuant to the provisions of California Government Code 87311, officers, employees, members of the public, consultants, and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Irwindale, does hereby find, determine and resolve as follows:
1. The above recitals, Park A of this Resolution, are true and correct, and incorporated herein by this reference.
2. The Conflict of Interest Code adopted by this City Council on September 23, 2020 by Resolution No. 2020- 68- 3228, is hereby repealed in its entirety.
01006, 0001/ 827698. 1 Resolution No. 2022- 93- 3343
3. The terms of Division 6 of Title 2, California Code of Regulations § 18730 ( a copy of which is attached as Appendix A) and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix A in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the staff of the City of Irwindale.
4. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code as set forth in Cal. Code of Regs. § 18730b( 4) and ( 5).
5. The Chief Deputy City Clerk shall certify to the adoption of this Resolution, which shall in turn, take immediate effect.
PASSED, APPROVED, AND ADOPTED this 26th day of October 2022. k— —
Laxf G. Burrola, Mayor
ATTEiT`:
Ladra M. Nieto, MMC
Chef Deputy City Clerk
Resolution No. 2022- 93- 3343
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ss.
CITY OF IRWINDALE }
1, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022- 93- 3343 was passed, approved, and adopted at a regular meeting of the City Council of the City of Irwindale held on the 26th day of October 2022, by the following vote:
AYES: Councilmembers- Ambriz, Breceda, Garcia, Ortiz, Mayor Burrola
NOES: Counciimembers: None
ABSENT: Councilmembers: None
ABSTAINED: Councilmembers: None
Laua M. Nieto, MMC
Chief Deputy City Clerk
01005M011827698. 1 Resolution No. 2022- 93- 3343
FWAIWO 1OIKI
f1
Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
18730. Provisions of Conflict of Interest Codes.
a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 ifthe terns of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission ( Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. 2) Section 2, Designated Fmployces.
Resolution No. 2022-93- 3343
The persons holding positions listed in the Appendix are designated employees, It has been determined thatthese persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. 3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 ifthey are designated in this code in that same capacity or ifthe geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all ofthe following apply:
A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction ofthe other agency;
E) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and C) The filing officer is the sanie for both agencies.'
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee' s statement of economic interests those economic interests the employee has which are of the hind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee' s 2 01005, 0001/ 827698. 1 Resolution No. 2022-93- 3343
disclosure categories are the kinds of economic interests which the employee foreseeahly can affect materially through the conduct of the employee' s office. 4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of ceonomie interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 5) Section 5. Statements of Economic Interests: Time of Filing.
A) Initial Statements. All designated employees employed by the agency on the effactive date ofthis code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date ofthe amendment.
B) Assuming Office Statements. All persons assnuning designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember' s Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person' s return to office, provided the person, or someone authorized to represent the person' s interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification ofthe person' s military status.
Resolution No. 2022- 93- 3343
D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
5. 5) Section 5. 5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months ofinitial appointment, or within 30 days ofthe date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person' s position to influence any decision and did not receive or become entitled to receive any form of payment as a result ofthe person' s appointment. Such persons shall not file either an assuming or leaving office statement.
A) Any person who resigns a position within 30 days ofthe date of a notice from the filing officer shall do both of the following:
1) File a written resignation with the appointing power; and 2) File a written statement with the filing officer declaring under penalty of penury that during the period between appointment and resignation the person did not make, participate in the snaking, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. 6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
A) Contents of Initial Statements.
initial statements shall disclose any reportable investments, interests in real property and business positions held onthe effective date ofthe code and income received during the 12 months prior to the effective date ofthe code.
B) Contents of Assuming Office Statements.
01005. 00011827698. 1 Resolution No. 2022- 93- 3343
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date ofbeing appointed or nominated, respectively.
C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee' s first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subj ect to Section 87302. 6, the day after the closing date ofthe most recent statement filed by the member pursuant to Regulation 18754.
D) Contents of Leaving office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Pair Political Practices Commission and supplied by the agency, and shall contain the following information:
A) Investment and Real Property Disclosure.
When an investment or an interest in real property' is required to be reported, 4 the statement shall contain the following:
1. A statement of tlne nature of the investment or interest; 5 Resolution No. 2022- 93- 3343
2. The name of the business entity in which each investment is held, and a general description ofthe business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value ofthe investment or interest in real property equals or exceeds $ 2, 000, exceeds $ 10, 000, exceeds $ 100, 000, or exceeds $ 1, 000, 000.
B) Personal Income Disclosure_ When personal income is required to be reported,' the statement shall contain:
1. The name and address of each source of income aggregating $ 500 or more in value, or 50 or more in value ifthe income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $ 1, 000 or less, greater than $ 1, 000, greater than $ 10, 000, or greater than $ 100, 000;
3. A description ofthe consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. in the case of a loan, the annual interest rate and the security, if any, given for the loan and the terra of the loan.
C) Business Entity Income Disclosure. When income of a business entity, including income ofa sole proprietorship, is required to be reported,' the statement shall contain:
1. The name, address, and a general description of the business activity ofthe business entity;
6 01005. 0001 / 827698. 1 Resolution No. 2022- 93-3343
2. The name of every person from whom the business entity received payments if the filer' s pro rats share of gross receipts from such person was equal to or greater than $ 10, 000.
D) Business Position Disclosure. When business positions are required to be reported, a designated employcc shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee' s position with the business entity.
E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or ail interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
8) Section 8, Prohibition on Receipt ofhonoraria.
A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, ifthe member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
B) This section shall not apply to away part-time member ofthe governing board ofany public institution of higher education, unless the member is also an elected official. section.
0) Subdivisions ( a), ( h), and ( c) of Section 89501 shall apply to the prohibitions in this D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506_
8. 1) Section 8. 1. Prohibition on Receipt of Gifts in Excess of $520.
Resolution No. 2022- 93-3343
A) No member of a state board or commission, and no designated employee of a state or local governnent agency, shall accept gifts with a total value of more than $ 520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member' s or employee' s statement of economic interests.
B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
C) Subdivisions ( c), ( f), and ( g) of Section 89503 shall apply to the prohibitions in this section.
8. 2) Section 8. 2. Loans to Public Officials.
A) No elected officer of a state or local government agency shall, from the date ofthe election to office through the date thatthe officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer' s agency has direction and control.
B) No public official who is exempt from the state civil service system pursuant to subdivisions ( c), ( d), ( o), ( f), and ( g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant ofthe state or local government agency in which the public official holds office or over which the public officiai' s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 01005. 0001/ 827698. 1 Resolution No. 2022- 93- 3343
any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer' s agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions orto any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender' s regular course of business on terms available to members ofthe public without regard to the elected officer' s official status.
B) No public official who is exempt from the state civil service system pursuant to subdivisions ( c), ( d), ( e), ( f), and ( g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer' s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender' s regular course of business on terms available to members of the public without regard to the elected officer' s official status, This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. loans made by a public official' s spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother- in-law, sister- in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section, Resolution No. 2022--93--3343
3. Loans ftom a person which, in the aggregate, do not exceed $ 500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
8. 3) Section 8. 3. Loan Terms.
A) Except as set forth in subdivision ( B), no elected officer of a state or local government agency shall, from the date of the officer' s election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the load is in writing and clearly states the terns of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, tern of the loan, date or dates when payments shall he due on the loan and the amount of the payments, and the rate of interest paid on the loan.
B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, mace, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
8. 4) Section 8. 4. Personal Loans.
A) Except as set forth in subdivision ( B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
10 01005. 0001 / 827698. 1 Resolution No. 2022- 93- 3343 Wage 13
1. Ifthe loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $ 250 during the previous 12 months.
B) This section shall not apply to the following types of loans;
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision ( A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision ( A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for nottaking collection action was based on reasonable business considerations.
5. A lomi made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
C) Nothing in this section shall exempt any person from any other provisions of Title 9 ofthe Government Code.
11 Resolution No. 2022- 93- 3343
9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee' s official position to influence the making of any governmental decision which the employee luiows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official' s immediate family or on:
A) Any business entity in which the designated employee has a direct or indirect investment worth $ 2, 000 or more;
B) Any real property in which the designated employee has a direct or indirect interest worth $ 2, 000 or more;
C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $ 500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating 500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
9. 3) Section % I Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee' s participation is legally required for the decision to be made. 12 01005. 00011827698. 1 Resolution No. 2022- 93- 3343
The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section,
9. 5) Section 9. 5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official' s position to influeaice any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official' s immediate family has, within 12 months prior to the time when the official action is to be taken:
A) Engaged in a business transaction or transactions on terms not available to members ofthe public, regarding any investment or interest in real property; or B) Engaged in a business transaction or transactions on terms not available to members ofthe public regarding the rendering of goods or services totaling in value $ 1, 000 or more. 10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure ofthe disqualifying interest 11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329. 5 or from the attorney for the employee' s agency, provided that nothing in this section requires the attorney for the agency to issue any €onnal or informal opinion. 12) Section 12. Violations.
13 Resolution No. 2022- 93- 3343
This code has the force and effect of law. Designated employees violating any provision ofthis code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
t Designated employees who are required to file statements of economic interests under any other agency' s conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties offiling officers and persons in agencies who make, and retain copies of statements and forward the originals to the fling officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence ofthe filer,
4 Investments and interests in real property which have a fair market value ofless than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual' s spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest o€ 10 percent or greater.
14 01005. 0001/ 827698. 1 Resolution No. 2022- 93- 3343
5 A designated employee' s income includes the employee' s community property interest in the income of the employec' s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. b income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer' s spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only ifthe clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103( e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4- 2- 80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No, 29).
3. Amendment of subsection ( b) filed 1- 9- 81; effective thirtieth day thereafter ( Register 81, No. 2).
4. Amendment of subsection ( b)( 7)( B) l. filed 1- 26- 83; effective thirtieth day thereafter ( Register 83, No. 5).
S. Amendment of subsection ( b)( 7)(A) filed 11- 10- 83; effective thirtieth day thereafter (Register 83, No, 46).
6. Amendment filed 4- 13- 87; operative 5- 13- 87 ( Register 87, No. 16),
7. Amendment ofsubsection (b) filed 10- 21- 88; operative 11- 20- 88 ( Register 88, No. 46).
8. Amendment ofsubsections ( b)( 8)( A) and ( b)( 8)( 13) and numerous editorial changes filed 8- 28- 90; operative 9- 27- 90 ( Reg, 90, No. 42).
15 Resolution No. 2022- 93- 3343
9. Amendment of subsections ( b)( 3), ( b)( 8) and renumbering offollowing subsections and amendment ofNote filed 8- 7-92; operative 9- 7-92 ( Register 92, No. 32). 10_ Amendment of subsection ( b)( 5. 5) and new subsections ( b)( 5. 5)( A)-(A)(2) filed 2- 4- 93; operative 2- 4- 93 ( Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11- 22- 93 pursuant to title 1, section 100, California Code of Regulations ( Register 93, No. 48). Approved by Fair Political Practices Commission 9- 21- 93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1- 4- 94 pursuant to title 1, section. 100, California Code of Regulations ( Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number Register 94, No. 17).
14. Amendment of subsection ( b)( 8), designation of subsection ( b)( 8)( A), new subsection b)( 8)( B), and amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( B), ( b)( 9)( E) and Note filed 3- 14- 95; operative 3- 14- 95 pursuant to Government Code section 11343. 4( d) ( Register 95, No. 11),
15. Editorial correction inserting inadvertently omitted language in footnote 4 ( Register 96, No. 13).
16. Amendment of subsections ( b)( 8)( A)-(B) and ( b)( 8. 1)( A), repealer of subsection ( b)( 8. 1)( B), and amendment of subsection (b)( 12) filed 10- 23- 96; operative 10- 23-96 pursuant to Government Code section 11343. 4(d) ( Register 96, No. 43).
17. Amendment of subsections ( b)( 8. 1) and ( 9)( E) filed 4- 9- 97; operative 4-9- 97 pursuant to Government Code section 11343. 4( d) ( Register 97, No. 15). 16 01005.00011827698. 1 Resolution No. 2022- 93- 3343
18. Amendment of subsections ( b)( 7)(B)5., new subsections (b)( 8. 2)-( b)( 8. 4)(C) and amendment of Note filed 8- 24- 98; operative 8- 24- 98 pursuant to Government Code section 11343. 4( d) Register 98, No. 35).
19. Editorial correction of subsection ( a) ( Register 98, No. 47).
20. Amendment of subsections ( b)( 8. 1), ( b)( 8. 1)( A) and ( b)( 9)( E) filed 5- 11- 99; operative 5- 11- 99 pursuant to Government Code section 11343. 4( d) ( Register 99, No. 20).
21. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A) and ( b)( 9)( E) filed 12- 6- 2000; operative 1- 1- 2001 pursuant to the 1974 version of Goverrunent Code section 11380. 2 and Title 2, California Code of Regulations, section 18312( d) and ( e) ( Register 2000, No. 49).
22. Amendment of subsections ( b)( 3) and ( b)( 10) filed 1- 10- 2001; operative 2- 1- 2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission V. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2001, No. 2). 23_ Amendment of subsections ( b)( 7)( A) 4., ( b)( 7)( B) L- 2., ( b)( 8. 2)( E) 3., ( b)( 9)( A)-(C) and footnote 4. filed 2- 13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2001, No. 7).
24. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A) filed 1- 16- 2003; operative 1- 1- 2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, 17 Resolution No. 2022- 93- 3343
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2003, No. 3). 25, Editorial correction of History 24 ( Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection ( b)( 9. 5)( B) (Register 2004, No. 33).
27. Amendment of subsections ( b)( 2)-( 3), ( b)( 3)( C), ( b)( 6)( C), ( b)( 8. I)-( b)( B. I)(A), ( b)( 9)( E) and b)( 11)-( 12) filed 1- 4-2005; operative 1- 1- 2005 pursuant to Government Code section 11343. 4 Register 2 005, No. 1).
28. Amendment of subsection ( b)( 7)( A)4. filed 10- 11- 2005; operative 11- 10- 2005 ( Register 2005, No. 41).
29. Amendment of subsections ( a), ( b)( 1), ( b)( 3), ( b)( 8. 1), ( b)( 8, 1)( A) and ( b)( 9)( E) filed 12- 18- 2006; operative 1- 1- 2007. Submitted to OAL pursuant to Fair Political Practices Commission V.
Office ofAdministrativeLaw, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2006, No. 51),
30. Amendment of subsections ( b)( 8. 1) { b)( 8. 1)( A) and ( b)( 9)( E) filed 10- 31- 2008; operative I I30- 2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission V. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) ( Register 2008, No. 44).
31. Amendment of section heading and section filed 11- 15- 2010; operative 12- 15- 2010.
Submitted toOAL for filing pursuant toFairPolitical PracticesCommission vOffice of 18 01005. 0001/ 827698.
1 Resolution No. 2022- 93-3343 Page 21
Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements aid not subject to procedural or substantive review by OAL.) (Register 2010, No. 47).
32. Amendment of section heading and subsections ( a)-( b)( 1), ( b)( 3)-( 4), ( b)( 5)( C), ( b)( 8. 1)- b)($ 1)( A) and ( b)( 9)( E) and amendment of footnote 1 filed 1- 8- 2013; operative 2- 7-2013.
Submitted to OAL. for ding pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) ( Register 2013, No. 2).
33. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A), ( b)( 8, 2)( E) 3. and ( b)( 9)( E) filed 12- 15- 2014; operative 1- 1- 2015 pursuant to section 18312( c)( 1)( A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2014, No, 51).
34. Redesignation ofportions of subsection ( b)( 8)( A) as new subsections ( b)( 8XB)-( D), amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A), redesignation ofportions of subsection b)( 8. 1)( A) as new subsections ( b)( 8. 1)( B)-(C) and amendment of subsection ( b)( 9)( E) filed 12- 1- 2016; operative 12- 31- 2016 pursuant to Cal. Code Regs. tit. 2, section 18312( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 Resolution No. 2022- 93- 3343
April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, Nn. 49),
35. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A) and ( b)( 9)( E) filed 12- 12- 2018; operative 1- 11- 2019 pursuant to Cal. Code Regs., tit. 2, section 18312( e). Submitted to OAt, for filing and printing pursuant to Fair Political Practices Commission v Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections ( b)( 8. 1)-( 8, 1)( A) filed 12- 23- 2020; operative 1- 1- 2021 pursuant to Cal. Code Regs., tit, 2, section 18312( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v Office oft4dminlstratim Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No, 52). 37_ Amendment of subsections ( b)( 3)( C), ( b)( 5)( C), ( b)( 5. 5), ( b)( 5. 5)( A)( 2), ( b)( 7)( D), (b)( 8)( A), b)( 8. 1)( A), ( b)( 8. 2)( A), ( b)( 8. 2)( C)-( D), ( b)( 8. 3)( A.), ( b)( 9), ( b)( 9.3), ( b)( 9. 5), ( b)( 10) and b)( 11) and footnote 5 filed 5- 12- 2021; operative 6- 11- 2021 pursuant to Cal. Code Regs, tit. 2, section 18312( e). Submitted to OAL for filing pursuant to FairPolitical Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 20 01005. 0001 / 827698. 1 Resolution No. 2022- 93- 3343
Administrative Procedure Act rulemaUig requirements and not subject to procedural or substantive review by OAL) ( Register 202I, No. 20).
21 Resolution No. 2022- 93- 3343
APPENDIX B
Designated Employees Disclosure Categories
Aquatics Supervisor 2
Assistant City Engineer 2
Assistant Engineer 2
Assistant to the City Manager 2
Associate Planner 2
Benefits Administrator 2
Chief Deputy City Clerk 2
City Librarian 2
Code Enforcement Officer 2
Construction Compliance Manager 2
Executive Assistant 2
Finance Manager 2
Housing Coordinator 2
Human Resources I Risk Manager 2
Information Technology Manager 2
Maintenance Lead Worker 2
Management Analyst 2
Police Captain 2
Police Lieutenant 2
Project Manager — Construction Compliance 2
Public Works Maintenance Supervisor 2
Recreation Manager 2
Recreation Supervisor 2
Senior Center Manager 2
Senior Code Enforcement Officer 2
Senior Finance Analyst 2
Assistant City Attorney 1, 2
Assistant City Manager 1, 2
Chief of Police 1, 2
Community Development Director 1, 2
Director of Engineering I Building Official 1, 2
Finance Director I City Treasurer 1, 2
Public Services Director 1, 2
Senior Planner 1, 2
NOTE: City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law ( California Government Code § 87200 of seq.), not this Code. With respect to consultants, the City Manager shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant' s duties and a statement of the extent 01005. 0001/ 827698. 1 Resolution No. 2022- 93- 3343
of disclosure requirements. A copy of this determination shall be filed with the Chief Deputy City Clerk and a copy forwarded to the City Council.
Cate.gory I
Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City.
Cate.gory 2
Persons in this category shall disclose all income from and investments in businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly, or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph.
Resolution No. 2022- 93- 3343
Resolution No. 2024-79-3556
RESOLUTION NO. 2024-79-3556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING RESOLUTION NO. 2022-93-3343 AND
ESTABLISHING A CONFLICT OF INTEREST CODE
FOR DESIGNATED CITY PERSONNEL AND CONSULTANTS
A. Recitals.
(i) The Political Reform Act of 1974, California Government Code §§81000 et seq. has in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest codes adopted and promulgated pursuant to its provisions.
(ii) The Fair Political Practices Commission has adopted a regulation, Division 6 of Title 2, California Code of Regulations, §18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after requisite public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code §§11370, et seq. (iii) Incorporation by reference of the terms of the
aforementioned regulation and amendments to it in this City’s Conflict of Interest Code will save this Council time and expenditure of public funds by minimizing the actions required of this Council to maintain conformity with the Political Reform Act.
(iv) Pursuant to the provisions of California Government Code §87311, officers, employees, members of the public, consultants, and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Irwindale, does hereby find, determine and resolve as follows:
1. The above recitals, Part A of this Resolution, are true and correct, and incorporated herein by this reference.
2. The Conflict of Interest Code adopted by this City Council on October 26, 2022 by Resolution No. 2022-93-3343, is hereby repealed in its entirety.
Resolution No. 2024-79-3556
3. The terms of Division 6 of Title 2, California Code of Regulations §18730 (a copy of which is attached as Appendix A) and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix A in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the staff of the City of Irwindale.
4. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code as set forth in Cal. Code of Regs. §18730b(4) and (5).
5. The Chief Deputy City Clerk shall certify to the adoption of this Resolution, which shall in turn, take immediate effect.
PASSED, APPROVED, AND ADOPTED this 9th day of October 2024. __________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-79-3556 was passed, approved, and adopted at a regular meeting of the City Council of the City of Irwindale held on the 9th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2024-79-3556
APPENDIX A
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APPENDIX B
Designated Employees Disclosure Categories
Aquatics Supervisor 2
Assistant City Engineer 2
Assistant Engineer 2
Assistant to the City Manager 2
Associate Engineer 2
Associate Planner 2
Benefits Administrator 2
Building Inspector 2
Chief Deputy City Clerk 2
City Librarian 2
Code Enforcement Officer 2
Construction Compliance Manager 2
Finance Manager 2
Housing Coordinator 2
Human Resources / Risk Manager 2
Information Technology Manager 2
Management Analyst 2
Police Captain 2
Police Lieutenant 2
Project Manager – Construction Compliance 2
Public Works Maintenance Supervisor 2
Recreation Manager 2
Recreation Supervisor 2
Senior Center Manager 2
Senior Code Enforcement Officer 2
Senior Finance Analyst 2
Assistant City Attorney 1, 2
Assistant City Manager 1, 2
Chief of Police 1, 2
Community Development Director 1, 2
Director of Engineering / Building Official 1, 2
Finance Director / City Treasurer 1, 2
Public Services Director 1, 2
Senior Planner 1, 2
NOTE: City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code § 87200 et seq.), not this Code. With respect to consultants, the City Manager shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant’s duties and a statement of the extent
Resolution No. 2024-79-3556
of disclosure requirements. A copy of this determination shall be filed with the Chief Deputy City Clerk and a copy forwarded to the City Council.
Category 1
Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City’s boundaries or within two miles of any land owned or used by the City.
Category 2
Persons in this category shall disclose all income from and investments in businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly, or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph.
Item #19.E.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Adopt a Revised Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, the Irwindale Aquatics Center and Irwindale Parks
City Manager's Recommendation:
Adopt Resolution No. 2024-80-3557, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RECINDING RESOLUTION NO. 2024-16-3493 AND ADOPTING A REVISED FACILITY & OPEN
SPACE RENTAL POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE AQUATICS CENTER, AND IRWINDALE PARKS."
Administrative Action:
Submitted / Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On February 7, 2024, the Parks & Recreation Commission recommended approval of the Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale Parks to the City Council. On March 13, 2024, City Council adopted Resolution No. 2024-16-3493, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE FACILITY & OPEN SPACE RENTAL POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE AQUATICS CENTER, AND IRWINDALE PARKS." As part of the adoption of this policy, City Council requested a flyer be distributed to all residents informing them of this new policy and its effective date, which was on May 20, 2024.
For the past three months, staff have been monitoring the policy and receiving feedback from the community. As a result, staff recommends the following two revisions be made to the policy in order to provide quality service to all patrons:
1. All fees must be paid at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration. All fees associated with these rentals will be paid for upon approval.
2. Change the rental fees for the new Picnic Shelter east of the Bus Turnabout and the Margaret Diaz Pavilion from the Picnic Shelter fees to the Picnic Area fees as highlighted below in bold.
PICNIC AREA FEES PICNIC SHELTER FEES
Rental Fee Fee Amount Fee Amount
Resident 15.00 Daily 10.00 Hourly
Irwindale Business/Non-Profit Organization 25.00 Daily 15.00 Hourly Non-Resident 35.00 Daily 300.00 Per Day
Other Fees
Security Deposit N/A 75.00
Power Outlet Convenience Fee 15.00 Daily N/A
Insurance (if obtained through the City) N/A At Cost
Staff recommends the change in fees due to the number of amenities that are offered at the Picnic Shelter versus the Bus Turnabout Shelter and the Margaret Diaz Pavilion. These amenities include multiple electrical outlets, a stove, two sinks, three concrete tables for prepping, food, presents, etc., and an enclosed location with three separate sections. The Bus Turnabout Shelter and the Margaret Diaz Pavilon do not have these amenities. Additionally, the Picnic Shelter rental requires insurance.
Staff feels it is unnecessary to require a patron to purchase or obtain insurance for the Bus Turnabout Shelter and the Margaret Diaz Pavilion when these areas do not have the same amenities as the Picnic
Shelter.
Staff presented these revisions to the Parks & Recreation Commission at its regularly scheduled meeting on September 4, 2024. At the meeting, the commission accepted and recommended approval of these revisions to the City Council, including the following:
• Identify the Picnic Shelter east of the Bus Turnabout as Picnic Area 4; and • Identify the Margaret Diaz Pavilion as Picnic Area 5; and • Change the word should to must under Pets and Service Animals to read as follows: All dogs must be led by a leash or chain not more than 6 feet long and under the full control of its owner or custodian. (IMC 9.16.020 A); and
• Ensure all City employees have a City ID if they will be renting facilities as residents.
Fiscal Impact:
There may be a potential decrease in revenue but the amount is very minimal. This change will align the fees with the amenities provided for with similar picnic areas.
Attachments:
1. 10-9-2024 Rental Policy - RESOLUTION(1021161.1)
2. 10-9-2024 Facility & Open Space Rental Policy for DDRC & IAC - REVISED REDLINED POLICY
01005.0006/1021161.1
RESOLUTION NO. 2024-80-3557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RECINDING RESOLUTION NO. 2024-16-3493 AND ADOPTING A REVISED FACILITY & OPEN
SPACE RENTAL POLICY FOR THE DAN DIAZ RECREATION CENTER, IRWINDALE AQUATICS CENTER, AND IRWINDALE PARKS.
WHEREAS, at the February 7, 2024 regularly scheduled Parks & Recreation Commission Meeting, the Commission completed a final review of the Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale parks (Rental Policy) and recommended approval to the City Council; and WHEREAS, on March 13, 2024, the City Council adopted Resolution No. 2024- 16-3493, entitled, “A Resolution of the City Council of the City of Irwindale Adopting the Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale Parks”; and
WHEREAS, after monitoring the policy for the past three months, revisions were required based on staff and public feedback and to provide quality customer service to all patrons; and
WHEREAS, the changes include: 1) All fees must be paid at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration. All fees associated with these rentals will be paid for upon approval; 2) Change the rental fees for the new Picnic Shelter east of the Bus Turnabout (Picnic Area 4) and the Margaret Diaz Pavilion (Picnic Area 5) from the Picnic Shelter fees to the Picnic Area fees, which reduces the cost of the rentals to be consistent with other City Park Picnic Areas; and 3) Change the word “should” to “must” under the “Pets and Service Animals” section so the sentence reads as follows:
“All dogs must be led by a leash or chain not more than 6 feet long and under the full control of its owner or custodian (IMC 9.16.020 A); and WHEREAS, the Rental Policy provides that it shall be reviewed one year after its approval to receive feedback from the public and staff on how the Rental Policy has impacted the community; and
WHEREAS, on September 4, 2024, the Parks & Recreation Commission reviewed these revisions and recommended approval to the City Council; and WHEREAS, based on the revised recommendations from the Parks & Recreation Commission, the City Council hereby desires to approve revisions identified above and adopt the City of Irwindale Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
01005.0006/1021161.1
SECTION 1. The City Council hereby adopts the Recitals above as true and correct and incorporates them herein by reference.
SECTION 2. The City Council hereby approves and adopts the City of Irwindale Facility & Open Space Rental Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale parks (Rental Policy). City staff is hereby authorized to utilize and implement the Rental Policy, attached hereto as Exhibit “A”.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 4. The Chief Deputy City Clerk shall certify the adoption of this Resolution which shall, in turn, have immediate effect.
PASSED, APPROVED and ADOPTED this 9th day of October 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 }
01005.0006/1021161.1
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-80-3557 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 9th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0006/1021161.1 City of Irwindale
Facility & Open Space
Rental Policy for the Dan
Diaz Recreation Center,
Irwindale Aquatics Center,
and Irwindale Parks
REVISED: OCTOBER 9, 2024
01005.0006/1021161.1
I. SCOPE
This policy will provide guidelines as it relates to the facility and open space rentals provided by and through the Dan Diaz Recreation Center and Irwindale Aquatics Center.
II. PURPOSE
The purpose of this policy is to establish guidelines that will govern the process by which staff is able rent out facilities at and through the Dan Diaz Recreation Center and Irwindale Aquatics Center.
III. DEFINITIONS
a. Applicant. The person renting the facility or open space. b. City. The City of Irwindale.
c. Facility. A public building or infrastructure such as the Dan Diaz Recreation Center, the Irwindale Aquatics Center, the Swimming Pool, the Picnic Shelter, Picnic Area, etc.
d. Irwindale Business. A business located in the City of Irwindale with a valid City of Irwindale Business License.
e. Non-Profit. A bona-fide 501(c) organization or government agency. f. Non-resident. A person that does not live in the City of Irwindale, does not have an active Resident Identification Card, is not a City of Irwindale Employee, or is not a business located in the City of Irwindale.
g. Open Space. Any City park, picnic area, grass area, plaza, basketball court, tennis court, volleyball court, etc.
h. Resident Identification Card. This card is to provide a method by which City staff can accurately identify eligible residents of the City of Irwindale for the purpose of providing a variety of benefits (i.e., rentals, programs, classes, etc.). i. Resident. A person that lives in the City of Irwindale and has an active Resident Identification Card. A City of Irwindale Employee is also able to sign up as a resident participant and must present their employee identification card at the time of signup.
j. Staff. Any City employee who works at Irwindale City Hall, the Irwindale Aquatics Center, or the Dan Diaz Recreation Center.
01005.0006/1021161.1
IV. PROCEDURES
These procedures have been established by the City of Irwindale in an effort to ensure there is an established policy for facility and open space rentals that provides information on the following:
• List of Facilities for Rent; and
• Use of Facilities and Open Spaces; and
• Rental rates, with discounts for residents and non-profit organizations; and • Scheduling, changes, and cancellation; and
• Security Deposits and payment; and
• Approval of rentals; and
• Liability and insurance requirements; and
• Parking and noise; and
• Prohibited activities.; and
• Decorating; and
• Pets and service animals; and
• Facility & open space cleanup; and
• City-Sponsored Events; and
• Other Permits Required; and
• Appeals Process.
List of Facilities for Rent
There are various indoor and outdoor facilities and spaces in the City of Irwindale that are available to rent. Applications are accepted on a first come, first serve basis and must be submitted no later than one week prior to the rental. For long-term rentals, applications must be submitted 30 days prior to the first rental date. The following lists the facilities available to rent as part of this policy:
1. Dan Diaz Recreation Center
a. Dan Diaz Recreation Center Gymnasium
b. Alfred F. Herrera Memorial Field (Softball Field)
c. Irwindale Park
i. Picnic Shelter (Near Playground)
ii. Picnic Area 1a (West of Swimming Pool)
iii. Picnic Area 1b (West of Swimming Pool)
iv. Picnic Area 2 (Adjacent to Playground)
v. Picnic Area 3 (Adjacent to outdoor Volleyball pit)
vi. Picnic Area 4 (East of the Bus Turnabout)
vii. Picnic Area 5 – Margaret Diaz Pavilion (North of Irwindale Plaza) d. Jardin de Roca Park
i. Picnic Area 1 (West of Tot Lot)
01005.0006/1021161.1
ii. Picnic Area 2 (South of Tennis Courts)
2. Irwindale Aquatics Center
a. Swimming Pool
A map of these areas is attached to this policy as Exhibit “A”.
To rent any of the City facilities or open spaces, please contact or visit the following centers as applicable:
Dan Diaz Recreation Center (626) 430-2224
16053 Calle de Paseo
Irwindale, CA 91706
Irwindale Aquatics Center (626) 430-2248
16053 Calle de Paseo
Irwindale, CA 91706
Not all rooms in a facility or open spaces are available for rental. Most open spaces are available on a first come, first serve basis. The picnic areas at Little Park of Irwindale and El Nido Park are available on a first come, first serve basis. The Picnic Shelter east of the Bus Turnabout and the Irwindale Park Trellis north of the Irwindale Plaza are available to rent. The rental fee is identified under Picnic Area in the City of Irwindale Comprehensive Schedule of Fees & Charges.
Facility Uses
The facility uses are approved for but not limited to the following:
1. Dan Diaz Recreation Center
a. Dan Diaz Recreation Center Gymnasium: Gymnasium rentals are approved in accordance with the rules and regulations for but not limited to Basketball, Pickleball, Volleyball, Cheer, T-ball, Whiffle ball, etc. This includes practices, games, tournaments, and competitions. b. Alfred F. Herrera Memorial Field (Softball Field): The softball field rentals are primarily approved in accordance with the rules and regulations for but not limited to softball practices, games, and tournaments. However, the use of this field is approved for City-sponsored events such as flag football and soccer, and soccer and baseball as outlined in Irwindale Municipal Code Chapter 9.16.050 – Soccer in parks, and 9.16.060 Baseball (hardball) in parks.
c. Irwindale and Jardin de Roca Park: The use of these picnic shelters and areas are approved for but not limited to birthday, anniversary, retirement, etc. parties; family reunions; receptions; memorials; etc. (Larger events and the use of specific equipment may require a special event, building, electrical, etc. permits).
01005.0006/1021161.1
2. Irwindale Aquatics Center
a. Swimming Pool: Rentals are approved in accordance with the rules and regulations for but not limited to pool parties, swim meets, water polo, AquaVolleyball, fitness, etc. This includes any practices, games, and tournaments.
No facility may be rented more than two times a week by the same person, organization, non-profit, or business.
Facility Rental Fees
The rental fees are tied to the most recently approved and adopted City of Irwindale Comprehensive Schedule of Fees & Charges, which can be found on the City’s website at www.irwindaleca.gov.
Dan Diaz Recreation Center Gymnasium
Rental Fee Fee Amount Notes
Resident 25.00 Hourly, 2 Hour
Minimum
Irwindale Business/Non-Profit Organization 75.00 Hourly, 2 Hour Minimum
Non-Resident 100.00 Hourly, 2 Hour
Minimum
Other Fees
Scoreboard/Keeper Staff Time At Cost Charged at Sr. Rec Leaders Rate
Security Deposit 200.00
Insurance (if obtained through City) At Cost Varies per Type of Event Picnic Shelter
Rental Fee Fee Amount Notes
Resident 10.00 Hourly
01005.0006/1021161.1
Irwindale Business/Non-Profit Organization 15.00 Hourly Non-Resident (only if less than 30 days to event) 300.00 Per Day Other Fees
Security Deposit 75.00
Insurance (if obtained through City) At Cost Varies per Type of Event Picnic Area
Rental Fee Fee Amount Notes
Resident 15.00 Daily
Irwindale Business/Non-Profit Organization 25.00 Daily
Non-Resident 35.00 Daily
Other Fees
Power Outlet Convenience Fee 15.00 Daily
Alfred F. Herrera Memorial Field (Softball Field)
Rental Fee Fee Amount Notes
Resident 25.00 Hourly
Irwindale Business/Non-Profit Organization 35.00 Hourly Non-Resident 50.00 Hourly
01005.0006/1021161.1
Softball Field Lighting Rental
Resident 15.00 Hourly
Irwindale Business/Non-Profit Organization 25.00 Hourly Non-Resident 30.00 Hourly
Other Fees
Scoreboard/Keeper Staff Time At Cost Charged at Sr. Rec Leaders Hourly Rate
Security Deposit 200.00
Insurance (if obtained through City) At Cost Varies per Type of Event Swimming Pool
Rental Fee Fee Amount Notes
Resident 200.00 Hourly
Irwindale Business/Non-Profit Organization 300.00 Hourly Non-Resident 400.00 Hourly
Other Fees
Assistant Pool Manager At Cost
Sr. Lifeguards At Cost
Security Deposit 300.00
Insurance (if obtained through City) At Cost Varies per Type of Event Schedules, Changes, and Cancellation
For Irwindale Residents, all facility and open space rentals are available for rent up to one week prior to a planned event as long as an Application is submitted, approved, and paid
01005.0006/1021161.1
for at least one week prior to the planned event (assuming no other conflicting rental Application has been submitted and approved). Any changes to the Application must be made prior to the event. Irwindale Businesses, Non-Profit Organizations, Non-Residents and long-term rentals regardless of resident, non-resident, business, or non-profit status must apply for a rental one month prior to their event and any changes to the rental must be made one week prior to the rental.
Facility and open space rentals are subject to a cancellation fee based on the number of days prior to the event the rental was cancelled. The Cancellation Fees are listed as follows:
Cancellation Fees
Cancellation Fee: 60+ Days Prior to Event 10% 10% of Rental Fee; Charged to Security Deposit
Cancellation Fee: 6-59 Days Prior to Event 30% 30% of Rental Fee; Charged to Security Deposit
Cancellation Fee: 0-5 Days Prior to Event 100% 100% of Rental Fee; Charged to Security Deposit
Security Deposits and Payments
Security Deposits and all fees, including insurance if purchasing from the City, must be paid for at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration. The Security Deposit and all fees associated with these rentals will be paid for upon approval.
The Security Deposit will be refunded by a City check to the Applicant, or head of household, stated on the application within 30 days upon inspection of the facility and open space area(s), confirmation that no property damage was made or prohibited activities occurred, and there is no additional clean up required as a result of the event.
A staff member will be assigned to verify the condition of the rental at the end of the event.
The refundable security deposit is forfeited if:
a. The Facility or Open Space area is damaged in any way, including damaged, broken and/or missing equipment/picnic benches, graffiti, vandalism, or similar damage.
b. The Facility, parking lot, city vehicles or any other city-owned property is damaged or left in an unacceptable manner.
c. The Facility or Open Space area is not left properly clean.
01005.0006/1021161.1
d. The Applicant or a member of the event engaged in prohibited activities as outlined in the Irwindale Municipal Code Section 9.16.020 and activities identified in the Prohibited Activities section of this policy.
Approval of Rentals
The Application, Security Deposit and all fees, including insurance if purchasing from the City, must be paid for at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration.
All fees associated with these rentals will be paid for upon approval. The City of Irwindale may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. The facility shall be used for the purpose stated in this Agreement and no other use will be permitted.
The Picnic Shelter and the Picnic Area rentals are processed through the Dan Diaz Recreation Center. Recreation Staff is authorized to process and approve Picnic Shelter and Picnic Area rentals. Rentals for the Dan Diaz Recreation Gymnasium, the Alfred F.
Herrera Memorial Field, and the Irwindale Swimming Pool will need to be routed to and approved by the Recreation Manager/Aquatics Supervisor, Public Services Director, and the Assistant City Manager.
Any rental may be terminated for just cause.
Liability and Insurance Requirements
All uses of City facilities will be subject to the following regulations and restrictions:
A. Insurance and Indemnification.
a. When it is deemed to be in the best interest of the general public, the City will require the Applicant to furnish a Certificate of Insurance naming the City as additionally insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance. b. Insurance is also available for purchase through the City’s Insurance. Staff will obtain a quote for insurance, which is based on type of rental, type of event, and number of rental days requested:
i. Note, if insurance is purchased from the City and Applicant cancels within 15 days of rental date, insurance will be returned minus a $10.00 administrative fee.
c. To the full extent permitted by law, Applicant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising
01005.0006/1021161.1
out of or in connection with the use of the City’s facilities provided herein by Applicant, its guests, employees, agents, subcontractors, or invitees (“indemnors”) and in connection therewith:
i. Applicant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; ii. Applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the use of the City’s facilities provided herein by indemnors; and Applicant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
iii. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Applicant for such damages or other claims arising out of or in connection with the use of the City’s facilities provided herein, Applicant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. iv. Applicant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from use of the City’s facilities hereunder. v. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Applicant and shall survive termination of this Agreement.
B. Applicant is solely responsible for supervising all individuals at the City facility and open spaces during the event. The City is not responsible for providing this supervision.
Parking and Noise
Parking for events is limited to public parking spaces and street parking. There is absolutely no parking in any area where the curb is painted red, resident and service road driveways, the bus turnabout, emergency access gates, and the entrance to the David Fraijo Martinez Public Works Building. These areas should never be blocked by vehicles.
No parking is allowed in adjacent business parking lots.
Irwindale Municipal Code (IMC) Section 9.28 describes the regulations for noise. While music from a radio or phone with a small portable speaker is allowed, the ambient noise
01005.0006/1021161.1
level should not exceed 50 decibels between the hours of 7am and 10pm, per IMC Section 9.28.30, in any City Park, Facility or Open Space. Any noise at a level which exceeds the ambient or the ambient base level as set forth above by more than 10 dB when measured at any boundary line of the property from which the noise emanates shall constitute proof of a violation.
Prohibited Activities
An extensive list of prohibited activities in the City of Irwindale Parks can be found under Irwindale Municipal Code Section 9.16.020. For the purposes of this policy, the following activities are prohibited and the applicant will forfeit their security deposit if the applicant or anyone at the event is caught engaging in such activity:
• No smoking within any City Facility including restrooms and within 20 feet of an entrance of a facility;
• No unauthorized vehicles are allowed in the park at any time, this includes loading and unloading;
• No roping off areas or placing personal items (such as ice chests, chairs, blankets, etc.) to reserve additional picnic tables in the park that are on a first come, first serve basis;
• No amplified music (a personal radio or phone with small portable speaker is allowed), bands, DJs, carnival rides, moon bounces, tents, or animals (except on leash or Service Animals) allowed on the park grounds unless the activity is a City Sponsored event; and
• No alcohol is allowed at any parks, the Alfred F. Herrera Memorial Field, the Dan Diaz Recreation Center or the Irwindale Aquatics Center; • No gambling of any kind shall be conducted on, or in, City facilities, and the Applicant shall ensure that no disorderly or illegal conduct shall be allowed in any facility. Charitable events and/or fundraisers in support of non-profit organizations that include a “Casino Night” or similar event where no monies are wagered are excluded from this prohibition.
• No smoking within 20 feet of main entrances, exits, and operable windows of a public building/space.
The Irwindale Police Department will be contacted if the applicant or anyone in the party uses a tent, jumper, trampoline, bounce house, or moonbounce.
Decorating
Decorating is allowed in the Picnic Shelter, Picnic Areas, the Dan Diaz Recreation Center Gymnasium and the Irwindale Aquatics Center. Decorations are to be immediately taken down and removed at the end of the event. This includes but is not limited to tape, string, or other mounting mechanisms.
Pets and Service Animals
01005.0006/1021161.1
All dogs must be led by a leash or chain not more than 6 feet long and under the full control of its owner or custodian (IMC 9.16.020 A.)
Facility & Open Space Cleanup
All food, trash, decorations, etc. must be cleaned up and properly disposed of in a trash can located in the facility or open space area. If the trash can is full, the Applicant must find another trash can to use. If any taco carts, or equivalent, are used, all oil/grease must be properly disposed of and cleaned. To properly dispose of the oil, place it in a leak proof container with tightfitting lids and discard in the trash with the lid secured. Do not pour oil/grease down sinks, storm drains/grates, or on the ground. If the oil/grease is not properly disposed of, then the security deposit will be forfeited.
City-Sponsored Events/Operations
City-Sponsored Events will take precedence over all rentals. The Dan Diaz Recreation Center Gymnasium and the Irwindale Aquatics Center’s Swimming Pool will only be available to rent outside existing hours of operation and when no events are scheduled.
No rentals at the Dan Diaz Recreation Center, Irwindale Aquatics Center, Alfred F.
Herrera Memorial Field or at Irwindale Park will be approved or allowed during CitySponsored Events including but not limited to the Easter Eggstravaganza, Red, White and You BBQ, Halloween Spooktacular, Christmas Spectacular & Mayor’s Tree Lighting Ceremony. Limited rentals will be allowed during Music in the Park and MariachiFest including but not limited to the Picnic Shelters and Picnic Areas; however, large attended rentals will not be approved during Music in the Park and MariachiFest in order to accommodate the City-Sponsored Events.
Other Permits
A Special Event Permit may be required with the City’s Community Development Department for any private event including but not limited to family reunions, corporate picnics, funerals, weddings, parties exceeding a specific number, etc. Any use of temporary equipment such as oversized tents, fencing, booths; entertainment, and the presence of vendors will require a Special Event Permit. Additional permits may also include an Amplified Sound Registration Statement Form, Building Permits, and Electrical Permits to name a few.
Appeals Process
Any determination on issues or concerns such as a forfeit of security deposit will be made to the Office of the City Manager. Appeals must be submitted in writing for consideration by the Office of the City Manager. Forms may be submitted to the Office of the City Clerk at [email protected] no later than 3 days after the event and are available at the
01005.0006/1021161.1
Dan Diaz Recreation Center and Irwindale Aquatics Center. The determination of the City Manager may be appealed to the City Council in the same manner and must be received in writing by the Office of the City Clerk no later than 3 days after the determination of the City Manager.
This policy will be reviewed one year after its approval to receive feedback from the public and staff on how this policy is impacting the community.
This policy is subject to change due to a local emergency, county, or state emergency.
01005.0006/1021161.1
Exhibit A
5 Memorial
Garden
4 Bus Turnabout
Area 4 – 4 picnic tables, east of Bus Turnabout
Area 5 – 6 picnic tables, Margaret Diaz Pavilion
01005.0006/1021161.1
01005.0001/967684.1 City of Irwindale
Facility & Open Space
Rental Policy for the Dan
Diaz Recreation Center,
Irwindale Aquatics Center,
and Irwindale Parks
REVISED: OCTOBER 9, 2024
01005.0001/967684.1
I. SCOPE
This policy will provide guidelines as it relates to the facility and open space rentals provided by and through the Dan Diaz Recreation Center and Irwindale Aquatics Center.
II. PURPOSE
The purpose of this policy is to establish guidelines that will govern the process by which staff is able rent out facilities at and through the Dan Diaz Recreation Center and Irwindale Aquatics Center.
III. DEFINITIONS
a. Applicant. The person renting the facility or open space. b. City. The City of Irwindale.
c. Facility. A public building or infrastructure such as the Dan Diaz Recreation Center, the Irwindale Aquatics Center, the Swimming Pool, the Picnic Shelter, Picnic Area, etc.
d. Irwindale Business. A business located in the City of Irwindale with a valid City of Irwindale Business License.
e. Non-Profit. A bona-fide 501(c) organization or government agency. f. Non-resident. A person that does not live in the City of Irwindale, does not have an active Resident Identification Card, is not a City of Irwindale Employee, or is not a business located in the City of Irwindale.
g. Open Space. Any City park, picnic area, grass area, plaza, basketball court, tennis court, volleyball court, etc.
h. Resident Identification Card. This card is to provide a method by which City staff can accurately identify eligible residents of the City of Irwindale for the purpose of providing a variety of benefits (i.e., rentals, programs, classes, etc.). i. Resident. A person that lives in the City of Irwindale and has an active Resident Identification Card. A City of Irwindale Employee is also able to sign up as a resident participant and must present their employee identification card at the time of signup.
j. Staff. Any City employee who works at Irwindale City Hall, the Irwindale Aquatics Center, or the Dan Diaz Recreation Center.
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IV. PROCEDURES
These procedures have been established by the City of Irwindale in an effort to ensure there is an established policy for facility and open space rentals that provides information on the following:
• List of Facilities for Rent; and
• Use of Facilities and Open Spaces; and
• Rental rates, with discounts for residents and non-profit organizations; and • Scheduling, changes, and cancellation; and
• Security Deposits and payment; and
• Approval of rentals; and
• Liability and insurance requirements; and
• Parking and noise; and
• Prohibited activities.; and
• Decorating; and
• Pets and service animals; and
• Facility & open space cleanup; and
• City-Sponsored Events; and
• Other Permits Required; and
• Appeals Process.
List of Facilities for Rent
There are various indoor and outdoor facilities and spaces in the City of Irwindale that are available to rent. Applications are accepted on a first come, first serve basis and must be submitted no later than one week prior to the rental. For long-term rentals, applications must be submitted 30 days prior to the first rental date. The following lists the facilities available to rent as part of this policy:
1. Dan Diaz Recreation Center
a. Dan Diaz Recreation Center Gymnasium
b. Alfred F. Herrera Memorial Field (Softball Field)
c. Irwindale Park
i. Picnic Shelter (Near Playground)
ii. Picnic Area 1a (West of Swimming Pool)
iii. Picnic Area 1b (West of Swimming Pool)
iv. Picnic Area 2 (Adjacent to Playground)
v. Picnic Area 3 (Adjacent to outdoor Volleyball pit)
vi. Picnic Shelter Area 4 (East of the Bus Turnabout)
vii. Picnic Trellis Area 5 – Margaret Diaz Pavilion (North of Irwindale Plaza)
d. Jardin de Roca Park
i. Picnic Area 1 (West of Tot Lot)
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ii. Picnic Area 2 (South of Tennis Courts)
2. Irwindale Aquatics Center
a. Swimming Pool
A map of these areas is attached to this policy as Exhibit “A”.
To rent any of the City facilities or open spaces, please contact or visit the following centers as applicable:
Dan Diaz Recreation Center (626) 430-2224
16053 Calle de Paseo
Irwindale, CA 91706
Irwindale Aquatics Center (626) 430-2248
16053 Calle de Paseo
Irwindale, CA 91706
Not all rooms in a facility or open spaces are available for rental. Most open spaces are available on a first come, first serve basis. The picnic areas at Little Park of Irwindale and El Nido Park are available on a first come, first serve basis. The Picnic Shelter east of the Bus Turnabout and the Irwindale Park Trellis north of the Irwindale Plaza are available to rent. The rental fee is identified under Picnic Shelter Area in the City of Irwindale Comprehensive Schedule of Fees & Charges.
Facility Uses
The facility uses are approved for but not limited to the following:
1. Dan Diaz Recreation Center
a. Dan Diaz Recreation Center Gymnasium: Gymnasium rentals are approved in accordance with the rules and regulations for but not limited to Basketball, Pickleball, Volleyball, Cheer, T-ball, Whiffle ball, etc. This includes practices, games, tournaments, and competitions. b. Alfred F. Herrera Memorial Field (Softball Field): The softball field rentals are primarily approved in accordance with the rules and regulations for but not limited to softball practices, games, and tournaments. However, the use of this field is approved for City-sponsored events such as flag football and soccer, and soccer and baseball as outlined in Irwindale Municipal Code Chapter 9.16.050 – Soccer in parks, and 9.16.060 Baseball (hardball) in parks.
c. Irwindale and Jardin de Roca Park: The use of these picnic shelters and areas are approved for but not limited to birthday, anniversary, retirement, etc. parties; family reunions; receptions; memorials; etc. (Larger events and the use of specific equipment may require a special event, building, electrical, etc. permits).
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2. Irwindale Aquatics Center
a. Swimming Pool: Rentals are approved in accordance with the rules and regulations for but not limited to pool parties, swim meets, water polo, AquaVolleyball, fitness, etc. This includes any practices, games, and tournaments.
No facility may be rented more than two times a week by the same person, organization, non-profit, or business.
Facility Rental Fees
The rental fees are tied to the most recently approved and adopted City of Irwindale Comprehensive Schedule of Fees & Charges, which can be found on the City’s website at www.irwindaleca.gov.
Dan Diaz Recreation Center Gymnasium
Rental Fee Fee Amount Notes
Resident 25.00 Hourly, 2 Hour
Minimum
Irwindale Business/Non-Profit Organization 75.00 Hourly, 2 Hour Minimum
Non-Resident 100.00 Hourly, 2 Hour
Minimum
Other Fees
Scoreboard/Keeper Staff Time At Cost Charged at Sr. Rec Leaders Rate
Security Deposit 200.00
Insurance (if obtained through City) At Cost Varies per Type of Event Picnic Shelter
Rental Fee Fee Amount Notes
Resident 10.00 Hourly
Irwindale Business/Non-Profit Organization 15.00 Hourly Non-Resident (only if less than 30 days to event) 300.00 Per Day Other Fees
Security Deposit 75.00
Insurance (if obtained through City) At Cost Varies per Type of Event
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Picnic Area
Rental Fee Fee Amount Notes
Resident 15.00 Daily
Irwindale Business/Non-Profit Organization 25.00 Daily
Non-Resident 35.00 Daily
Other Fees
Power Outlet Convenience Fee 15.00 Daily
Alfred F. Herrera Memorial Field (Softball Field)
Rental Fee Fee Amount Notes
Resident 25.00 Hourly
Irwindale Business/Non-Profit Organization 35.00 Hourly Non-Resident 50.00 Hourly
Softball Field Lighting Rental
Resident 15.00 Hourly
Irwindale Business/Non-Profit Organization 25.00 Hourly Non-Resident 30.00 Hourly
Other Fees
Scoreboard/Keeper Staff Time At Cost Charged at Sr. Rec Leaders Hourly Rate
Security Deposit 200.00
Insurance (if obtained through City) At Cost Varies per Type of Event Swimming Pool
Rental Fee Fee Amount Notes
Resident 200.00 Hourly
Irwindale Business/Non-Profit Organization 300.00 Hourly Non-Resident 400.00 Hourly
Other Fees
Assistant Pool Manager At Cost
Sr. Lifeguards At Cost
Security Deposit 300.00
Insurance (if obtained through City) At Cost Varies per Type of Event
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Schedules, Changes, and Cancellation
For Irwindale Residents, all facility and open space rentals are available for rent up to one week prior to a planned event as long as an Application is submitted, approved, and paid for at least one week prior to the planned event (assuming no other conflicting rental Application has been submitted and approved). Any changes to the Application must be made prior to the event. Irwindale Businesses, Non-Profit Organizations, Non-Residents and long-term rentals regardless of resident, non-resident, business, or non-profit status must apply for a rental one month prior to their event and any changes to the rental must be made one week prior to the rental.
Facility and open space rentals are subject to a cancellation fee based on the number of days prior to the event the rental was cancelled. The Cancellation Fees are listed as follows:
Cancellation Fees
Cancellation Fee: 60+ Days Prior to Event 10% 10% of Rental Fee; Charged to Security Deposit
Cancellation Fee: 6-59 Days Prior to Event 30% 30% of Rental Fee; Charged to Security Deposit
Cancellation Fee: 0-5 Days Prior to Event 100% 100% of Rental Fee; Charged to Security Deposit
Security Deposits and Payments
Security Deposits and all fees, including insurance if purchasing from the City, must be paid for at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration. In the event that a long-term rental is requestedThe Security Deposit and all fees associated with these rentals, then the Security Deposit and all fees will be paid for once upon approvalthe rental is approved. The Security Deposit will be refunded by a City check to the Applicant, or head of household, stated on the application within 30 days upon inspection of the facility and open space area(s), confirmation that no property damage was made or prohibited activities occurred, and there is no additional clean up required as a result of the event. A staff member will be assigned to verify the condition of the rental at the end of the event. The refundable security deposit is forfeited if:
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a. The Facility or Open Space area is damaged in any way, including damaged, broken and/or missing equipment/picnic benches, graffiti, vandalism, or similar damage.
b. The Facility, parking lot, city vehicles or any other city-owned property is damaged or left in an unacceptable manner.
c. The Facility or Open Space area is not left properly clean. d. The Applicant or a member of the event engaged in prohibited activities as outlined in the Irwindale Municipal Code Section 9.16.020 and activities identified in the Prohibited Activities section of this policy.
Approval of Rentals
The Application, Security Deposit and all fees, including insurance if purchasing from the City, must be paid for at the time the application is submitted in order to secure the rental, with the exception of any rental that requires approval from management/administration.
In the event that a long-term All fees associated with these rentals is requested, then staff will route the application for approval and all fees will be paid for once the rentalupon approval. is approved. The City of Irwindale may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. The facility shall be used for the purpose stated in this Agreement and no other use will be permitted.
The Picnic Shelter and the Picnic Area rentals are processed through the Dan Diaz Recreation Center. Recreation Staff is authorized to process and approve Picnic Shelter and Picnic Area rentals. Rentals for the Dan Diaz Recreation Gymnasium, the Alfred F.
Herrera Memorial Field, and the Irwindale Swimming Pool will need to be routed to and approved by the Recreation Manager/Aquatics Supervisor, Public Services Director, and the Assistant City Manager.
Any rental may be terminated for just cause.
Liability and Insurance Requirements
All uses of City facilities will be subject to the following regulations and restrictions:
A. Insurance and Indemnification.
a. When it is deemed to be in the best interest of the general public, the City will require the Applicant to furnish a Certificate of Insurance naming the City as additionally insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance. b. Insurance is also available for purchase through the City’s Insurance. Staff will obtain a quote for insurance, which is based on type of rental, type of event, and number of rental days requested:
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i. Note, if insurance is purchased from the City and Applicant cancels within 15 days of rental date, insurance will be returned minus a $10.00 administrative fee.
c. To the full extent permitted by law, Applicant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the use of the City’s facilities provided herein by Applicant, its guests, employees, agents, subcontractors, or invitees (“indemnors”) and in connection therewith:
i. Applicant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; ii. Applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the use of the City’s facilities provided herein by indemnors; and Applicant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
iii. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Applicant for such damages or other claims arising out of or in connection with the use of the City’s facilities provided herein, Applicant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. iv. Applicant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from use of the City’s facilities hereunder. v. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Applicant and shall survive termination of this Agreement.
B. Applicant is solely responsible for supervising all individuals at the City facility and open spaces during the event. The City is not responsible for providing this supervision.
Parking and Noise
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Parking for events is limited to public parking spaces and street parking. There is absolutely no parking in any area where the curb is painted red, resident and service road driveways, the bus turnabout, emergency access gates, and the entrance to the David Fraijo Martinez Public Works Building. These areas should never be blocked by vehicles.
No parking is allowed in adjacent business parking lots.
Irwindale Municipal Code (IMC) Section 9.28 describes the regulations for noise. While music from a radio or phone with a small portable speaker is allowed, the ambient noise level should not exceed 50 decibels between the hours of 7am and 10pm, per IMC Section 9.28.30, in any City Park, Facility or Open Space. Any noise at a level which exceeds the ambient or the ambient base level as set forth above by more than 10 dB when measured at any boundary line of the property from which the noise emanates shall constitute proof of a violation.
Prohibited Activities
An extensive list of prohibited activities in the City of Irwindale Parks can be found under Irwindale Municipal Code Section 9.16.020. For the purposes of this policy, the following activities are prohibited and the applicant will forfeit their security deposit if the applicant or anyone at the event is caught engaging in such activity:
• No smoking within any City Facility including restrooms and within 20 feet of an entrance of a facility;
• No unauthorized vehicles are allowed in the park at any time, this includes loading and unloading;
• No roping off areas or placing personal items (such as ice chests, chairs, blankets, etc.) to reserve additional picnic tables in the park that are on a first come, first serve basis;
• No amplified music (a personal radio or phone with small portable speaker is allowed), bands, DJs, carnival rides, moon bounces, tents, or animals (except on leash or Service Animals) allowed on the park grounds unless the activity is a City Sponsored event; and
• No alcohol is allowed at any parks, the Alfred F. Herrera Memorial Field, the Dan Diaz Recreation Center or the Irwindale Aquatics Center; • No gambling of any kind shall be conducted on, or in, City facilities, and the Applicant shall ensure that no disorderly or illegal conduct shall be allowed in any facility. Charitable events and/or fundraisers in support of non-profit organizations that include a “Casino Night” or similar event where no monies are wagered are excluded from this prohibition.
• No smoking within 20 feet of main entrances, exits, and operable windows of a public building/space.
The Irwindale Police Department will be contacted if the applicant or anyone in the party uses a tent, jumper, trampoline, bounce house, or moonbounce.
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Decorating
Decorating is allowed in the Picnic Shelter, Picnic Areas, the Dan Diaz Recreation Center Gymnasium and the Irwindale Aquatics Center. Decorations are to be immediately taken down and removed at the end of the event. This includes but is not limited to tape, string, or other mounting mechanisms.
Pets and Service Animals
All dogs should must be led by a leash or chain not more than 6 feet long and under the full control of its owner or custodian (IMC 9.16.020 A.) Facility & Open Space Cleanup
All food, trash, decorations, etc. must be cleaned up and properly disposed of in a trash can located in the facility or open space area. If the trash can is full, the Applicant must find another trash can to use. If any taco carts, or equivalent, are used, all oil/grease must be properly disposed of and cleaned. To properly dispose of the oil, place it in a leak proof container with tightfitting lids and discard in the trash with the lid secured. Do not pour oil/grease down sinks, storm drains/grates, or on the ground. If the oil/grease is not properly disposed of, then the security deposit will be forfeited.
City-Sponsored Events/Operations
City-Sponsored Events will take precedence over all rentals. The Dan Diaz Recreation Center Gymnasium and the Irwindale Aquatics Center’s Swimming Pool will only be available to rent outside existing hours of operation and when no events are scheduled.
No rentals at the Dan Diaz Recreation Center, Irwindale Aquatics Center, Alfred F.
Herrera Memorial Field or at Irwindale Park will be approved or allowed during CitySponsored Events including but not limited to the Easter Eggstravaganza, Red, White and You BBQ, Halloween Spooktacular, Christmas Spectacular & Mayor’s Tree Lighting Ceremony. Limited rentals will be allowed during Music in the Park and MariachiFest including but not limited to the Picnic Shelters and Picnic Areas; however, large attended rentals will not be approved during Music in the Park and MariachiFest in order to accommodate the City-Sponsored Events.
Other Permits
A Special Event Permit may be required with the City’s Community Development Department for any private event including but not limited to family reunions, corporate picnics, funerals, weddings, parties exceeding a specific number, etc. Any use of temporary equipment such as oversized tents, fencing, booths; entertainment, and the presence of vendors will require a Special Event Permit. Additional permits may also
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include an Amplified Sound Registration Statement Form, Building Permits, and Electrical Permits to name a few.
Appeals Process
Any determination on issues or concerns such as a forfeit of security deposit will be made to the Office of the City Manager. Appeals must be submitted in writing for consideration by the Office of the City Manager. Forms may be submitted to the Office of the City Clerk at [email protected] no later than 3 days after the event and are available at the Dan Diaz Recreation Center and Irwindale Aquatics Center. The determination of the City Manager may be appealed to the City Council in the same manner and must be received in writing by the Office of the City Clerk no later than 3 days after the determination of the City Manager.
This policy will be reviewed one year after its approval to receive feedback from the public and staff on how this policy is impacting the community.
This policy is subject to change due to a local emergency, county, or state emergency.
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Exhibit A
5 Memorial
Garden
4 Bus Turnabout
Area 4 – 4 picnic tables, east of Bus Turnabout
Area 5 – 6 picnic tables, Margaret Diaz Pavilion
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Item #19.F.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for 2024 Topographic and Hydrographic Survey Project; P-1070 City Manager's Recommendation:
That the City Council award a professional services contract in the amount of $148,500 to WestLand Group, Inc. for the Topographic and/or Hydrographic survey of seven (7) SMARA pits and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney.
Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering/Building Official
Prepared by:
Francisco Carrillo, Construction Compliance Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
As a Lead Agency under SMARA, the City of Irwindale ("City") conducts regular inspections of SMARA pits, ensuring public safety and verifying compliance with the conditions outlined in the mining permits.
A current and detailed topographic and/or hydrographic survey map will provide critical data for monitoring the following:
1. Permitted mining depth.
2. Amount of material extracted from the active mine sites.
3. Amount of material imported to backfill mine sites which are currently being reclaimed.
4. Mining slopes above and below water levels.
The City prepared a Request for Proposals (RFP) for the Topographic and/or Hydrographic surveys of all active mining pits subject to SMARA regulations, including volume calculations for mining and reclamation activities. The RFP included two separate bid items: the topographic/hydrographic survey and the volume calculations.
On August 7, 2024, staff sent an RFP invitation to four selected engineering/surveying consulting firms with survey capabilities that have previously performed similar work for the City. On August 22, 2024, two bids were received with the following results:
Firms Ranking
WestLAND Group, Inc. 1
Johnson-Frank & Associates, Inc. 2
Coory Engineering No Proposal
Epoch No Proposal
Irwindale Municipal Code (IMC) 3.44.020 Definition of “Services” exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and 3.44.080(D).
Staff evaluated each proposal received by ranking each firm based on technical competency, project understanding, experience, staff qualifications, and availability. WestLAND Group, Inc. was determined to be the most qualified firm with extensive experience possessing a high degree of professional, unique, specialized and technical skills related to topographic and/or
hydrographic survey services to complete the work within the contracted budget amount.
Staff recommends awarding the contract to WestLAND Group, Inc. to perform a topographic and/or hydrographic survey of seven (7) SMARA pits.
The attached contract agreement has been reviewed and approved as to form by the City Attorney’s office.
Fiscal Impact:
None. Funding in the amount of $148,500 for the Topographic and/or Hydrographic survey of the SMARA pits is to be paid for by the mining operators. Account No. 13-00-000-25100-4222 was created to collect all funds from the mining operators.
Attachments:
1. Attach A_Professional Services Contract
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ATTACHMENT A
CONTRACT SERVICES AGREEMENT FOR
PROFESSIONAL SERVICES FOR TOPOGRAPHIC-HYDROGRAPHIC SURVEY OF SEVEN (7) SMARA MINE SITES.
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 9th day of October 2024 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and WestLAND Group, Inc., a California corporation, 4150 Concours, Suite 100, Ontario, CA 91764, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
NOW, THEREFORE, the Parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Forty-Eight Thousand Five Hundred Dollars ($148,500.00) (“Contract Sum”).
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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 20 percent (%) of the Contract Sum but not exceeding a total contract amount of One Hundred Seventy-Eight Thousand and Two Hundred Dollars ($178,200.00) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the
01005.0001/761286.2 -3-
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Charles D. Pluta, PLS - Project/Contract Manager is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Eddie Chan, Director of Engineering/Building official or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
01005.0001/761286.2 -5-
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such
01005.0001/761286.2 -6-
records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
01005.0001/761286.2 -8-
compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
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which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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8.11 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
WestLAND Group, Inc., a California corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 4150 Concours, Suite 100
Ontario, CA 91764
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
The City requires the services of a professional Civil Engineering or Land Surveying consultant to survey seven (7) mine pits.
The Consultant firm shall prepare digital and hard copy maps of the sites, show boundaries of record and field notes for the project. The work program shall take into consideration the following items:
A. Meet with City staff prior to the beginning of work to discuss background, scope, objectives and other pertinent details of the project including a work schedule. The consultant shall attend periodic meetings with City staff at various stages of the project as needed at no additional cost to the city.
B. Collect and review all existing information pertaining to this project, including the previous surveys, legal descriptions, easements, deeds, monuments, points of control, etc.
C. Contact mine owners for permission to enter the sites. The City will assist in this endeavor.
D. Perform the topographic/hydrographic surveys under the direction of a land surveyor or an engineer currently licensed to perform surveys in the State of California. The surveyor or engineer shall certify the survey. The survey shall:
1. Locate sufficient topography and take cross-sections every 100’ on both directions E/W – N/S per site. The topographic/bathymetric maps shall include ground profile, water level, and underwater topo; provide data of lake bottom, surface features, property lines, structures, walls, setbacks as well as existing slopes. All man made improvements shall be shown and labeled on the map. This should include all roads (dirt, concrete, and asphalt), driveways, conveyors, processing plants, dredges, power poles, ground water wells, fences, pipes, berms, buildings, walls, billboard signs, above ground tanks, Railroad tracks, tunnel entries, catch basins, retaining walls, wells, etc. The maps shall indicate where the slopes are steeper than 1:1.
2. The aerial stereo-photography shall be extended to the nearest main street surrounding the site or a minimum 200-ft beyond the quarry property boundary. The frequency of annotated contour and spot ground elevation callouts should be sufficient to meet at least the existing 2022 survey maps within City’s files and may be increased with respect to existing topo maps (City will provide a copy of the 2022 top maps).
3. Provide in the surveys benchmarks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) benchmarks.
Use NAD 83 for horizontal control and NAVD 88 for vertical control.
01005.0001/761286.2
4. Sign, date and submit all original survey notes to the City within thirty (30) calendar days after the completion of the survey.
E. Prepare complete aerial topographic and or hydrographic surveys of each sand and gravel mines, drawn in AutoCAD version 2023 up to 2025. Provide 2 sets of color plotted wet stamped and signed copies, two (2) CD’s/USB drive with AutoCAD version 2025 electronic files and (2) CD’s/USB drive with pdf copies. The scale of plots shall be: For plan view 1” – 100’ horizontal with 10’ contour intervals in slope areas (both above and underwater and labeling readable elevation values on the contour lines) and 2’ on the ground and bottom surfaces; for cross sections 1” – 200’ horizontal and 1” – 20’ vertical.
F. Provide digital color aerial photos of each site surveyed.
G. Provide an alternate bid for volume calculations of fill material in accordance with each of the Operator’s Approved Reclamation Plan (RP) and Figure “C” (City will provide the RP) as indicated per the following methodologies:
1. Use the trapezoid method, wherein parallel cross sections are drawn for the site 300 feet to 400 feet apart or closer as deemed necessary in the north-south orientation and on the east-west orientation for the entire reclamation pit.
2. From the Topographic & Hydrographic Survey ACAD drawings, calculate fill volumes on Civil 3D, compare them to the item 1 results above and submit a CAD drawing/map as well as in PDF format indicating such volumes.
3. Submit a report indicating the process and calculations for the volume calculations. Also, within the report provide a summary description as to how the volume is accomplished. Provide all cut sheets and show the volume results in a tabulated format and show all cross sections on the map.
H. Provide a 2024 flown citywide color map (City of Irwindale Aerial View Map) to a 1”- 600’ scale, including city boundaries. Label all main streets, freeways, mine sites and neighboring cities. This City of Irwindale Aerial View Map shall be provided on a digital form (electronic file) as well as a (one) 48-inch-by-48-inch wall hanging display on a 1/2” thick black Gator Board – Glossy Quality. See Attachment “B” as a sample.
I. Provide the City with two (2) copies of record boundary of the surveyed sites.
J. Provide the City with two (2) copies of all field notes.
01005.0001/761286.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
2024 Topographic-Hydrographic Survey Request for
Proposal
6 |
P a g e
EXHIBIT “C”
SCHEDULE OF COMPENSATION
Consultant shall be compensated up to the Contract Sum in the manner set forth in this Exhibit “C”, which Contract Sum is broken down by each Mining Pit as follows:
TOTAL OF TOPOGRAPHIC AND BATHYMETRIC SURVEY PORTION OF BID Base Bid
The City of Irwindale is seeking a Price Proposal for each mine as follows:
ITEM
NO.
MINE
NO.
LIST OF
SAND AND
GRAVEL
MINES
UNIT TOPOGRAPHI
C AMOUNT
HYDROGRAPHIC
AMOUNT
TOTAL
AMOUNT
1 1
United
Rock
No. 2
LS $9,600 $5,800 $15,400
2 2
United
Rock
No. 3
LS $9,600 $6,200 $15,800
3 4
Vulcan
Durbin
Pit
LS $11,600 $7,400 $19,000
4 5
Vulcan
Reliance
I Pit
LS $16,200 N/A $16,200
5 7
Peck
Road
Gravel
Pit
LS $9,600 $6,100 $15,700
6 9
Hanson
Aggregat
es
LS $22,700 $13,800 $36,500
7 13 Olive Pit LS $9,600 $6,100 $15,700
TOTAL OF TOPOGRAPHIC AND
BATHYMETRIC SURVEY PORTION OF BID $ 134,300
C-1
01005.0001/761286.2
Alternate Bid
Alternate Bid Proposal for volume calculation filled material for each mine as outlined on Section IV. G. (1), (2) & (3) as follows.
ITEM
NO.
MINE NO. LIST OF SAND AND
GRAVEL MINES
TOTAL AMOUNT
1 1 United Rock No. 2 $2,200
2 2 Vulcan Durbin Pit $1,800
3 3 Vulcan Reliance I Quarry $1,800
4 4a Peck Road Gravel Pit $2,200
5 4b Peck Road Gravel Pit $2,200
6 5 Hanson Aggregates Pit $1,800
7 6 Olive Pit $2,200
TOTAL OF VOLUME CALCULATION PORTION
OF BID SCHEDULE $ 14,200
GRAND TOTAL OF THIS BID SCHEDULE $ 148,500
One Hundred Forty-Eight Thousand Five Hundred Dollars
(Grand Total Price in Words)
D-1
01005.0001/761286.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (NTP) and shall perform all services within Six (6) Months from the NTP. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
Item #19.G.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Purchase of Two (2) Public Services Vehicles and Waive Formal Bidding Procedure
City Manager's Recommendation:
That the City Council adopt Resolution No. 2024-81-3558 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF TWO (2) PUBLIC SERVICES VEHICLES FOR THE PUBLIC SERVICES MAINTENANCE DIVISION”
Administrative Action:
Submitted by:
Elizabeth Rodriguez, Public Services Director
Prepared by:
Aundrea Butler, Management Analyst
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Public Services Department is currently using a 2003 Ford F-550 lift truck, which is over 21 years old, to decorate the streets during holiday seasons, hang up various large banners along Arrow Hwy, occasionally trim trees in the City Parks, install lighting throughout the city parks and coordinate with the IT division to maintain the City’s security cameras around the city parks and outside facilities.
Currently, the lift truck has been in and out of service due to the lift itself no longer working and obsolete parts. The lift truck continues to be a safety hazard for staff as the bucket lift will stop midair and is unable to come down. Staff have tried multiple times to repair the issue to no avail. Recently, staff have had to rent a lift truck to complete key projects, which has become very costly. Staff are requesting the purchase of a 2024 Ram 5500 4x4 Lift Truck.
The Public Services Department is also in need of a new street vehicle to replace the 2007 Chevrolet Silverado, which is 17 years old and requires a lot of maintenance with many parts becoming obsolete.
During the budget process, staff requested funding to purchase its first electric truck, but unfortunately, the electric trucks are no longer available. There is not a current timeline of when these trucks will be back in production. Therefore, staff are requesting the purchase of a 2024 Ford Super Duty F-250.
Irwindale Municipal Code Section 3.44.080 (E) states that the city council can dispense with bidding when cooperative purchasing provides an advantage of large-scale buying may be obtained. Due to the purchasing power of a large entity, such as Sourcewell, local governments receive substantial discounts on purchases that apply to these contracts. The selection of National Auto Fleet Group was made based on the quotes provided to staff and the award of contract 091521-NAF from Sourcewell.
For these reasons, waiving the formal bidding process is in the best interest of the city.
Upon approval by the City Council, a standard purchase agreement and purchase order will be prepared by the City’s Purchasing Office and signed by the City Manager in order to complete the purchase of these vehicles.
The existing vehicles will be placed on the City’s Surplus list, which will be presented to city council for approval of disposition on another date per the City’s Property Transfer/Disposition of Surplus Equipment procedures.
Fiscal Impact:
Sufficient funding is available in the Fiscal Year 2024/2025 Adopted Budget under account numbers 13-
57-530-44400-0000 and 01-57-577-44400-0000.
Attachments:
1. 10-09-2024 Purchase of Public Services Vehicles - RESOLUTION(1021180.1)
2. 10-9-2024 Purchase of Public Services Vehicles - LIFT TRUCK QUOTE
3. 10-9-2024 Purchase of Public Services Vehicles - STREET TRUCK QUOTE
01005.0006/1021180.1
RESOLUTION NO. 2024-81-3558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING
THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF TWO (2) PUBLIC SERVICES VEHICLES
FOR THE PUBLIC SERVICES MAINTENANCE DIVISION
WHEREAS, the Public Services Maintenance Division has two (2) vehicles that are 71 and 21 years old with both vehicles requiring extensive repairs and the parts are becoming obsolete due to the age of the vehicles; and
WHEREAS, the Public Services Department is currently using a 2003 Ford F-550 lift truck, which is over 21 years old, to decorate the streets during holiday seasons, hang up various large banners along Arrow Hwy, occasionally trim trees in the City Parks, install lighting throughout the city parks and coordinate with the IT division to maintain the City’s security cameras around the city parks and outside facilities. Currently, the lift truck has been in and out of service due to the lift itself no longer working and obsolete parts.
Recently, staff have had to rent a lift truck to complete key projects, which has become very costly; and
WHEREAS, the Public Services Department is also in need of a new street vehicle to replace the 2007 Chevrolet Silverado, which is 17 years old and requires a lot of maintenance with many parts becoming obsolete. During the budget process, staff requested funding to purchase its first electric truck, but unfortunately, the electric trucks are no longer available. There is not a current timeline of when these trucks will be back in production; and
WHEREAS, staff is requesting replacing these two (2) vehicles with similar models that are currently in the City Maintenance fleet, one (1) 2024 Ram 5500 4x4 Lift Truck, and one (1) 2024 Ford Super Duty F-250, due to the immediate needs of the maintenance division; and
WHEREAS, Irwindale Municipal Code Section 3.44.080 (E) states that the city council may dispense with bidding when, “through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained; and
WHEREAS, staff proposes to purchase the vehicles by a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3); and WHEREAS, education and government entities, as well as nonpublic schools and nonprofit organizations, may participate with Sourcewell as a participating agency for cooperative purchases; and
01005.0006/1021180.1
WHEREAS, the selection of National Auto Fleet Group was made based on its award of contract 091521-NAF from Sourcewell and quotes obtained by staff; and WHEREAS, the City Council now desires to dispense with formal bidding procedures pursuant to IMC section 3.44.080(E), authorize the issuance of a purchase order to, and execution of a purchase agreement with, National Auto Fleet Group for the purchase of two (2) Public Services vehicles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby finds that a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3), is authorized pursuant to Irwindale Municipal Code Section 3.44.080 (E) due to the advantage of large-scale buying, including substantial discounts on the purchase price that may be obtained.
SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase one (1) 2024 Ram 5500 4x4 Lift Truck, and one (1) 2024 Ford Super Duty F-250 pursuant to Irwindale Municipal Code Section 3.44.080 (E), and authorizes the issuance of a purchase order for the same.
SECTION 4. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into a purchase agreement with National Auto Fleet Group, in the amount of $232,717.50, for the purchase of the two (2) vehicles. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 6. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
01005.0006/1021180.1
PASSED, APPROVED and ADOPTED this 9TH day of October 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-81-3558 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 9th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
03/12/2024 Quote ID #11501 CS
Aundrea Butler
City of Irwindale-Public Services
5050 N. Irwindale Ave.
Irwindale, CA 91706
Dear Aundrea Butler,
National Auto Fleet Group is pleased to quote the following sourced unit for your consideration.
One (1) New/Unused (2024 Ram 5500 4x4 Reg Cab Chassis CA of 84” GVWR: 19,500 lbs payload, diesel engine with Versalift VST-40-MHI, telescopic aerial platform lift), delivered to your location, each for
(1) One Unit
Contract Price $ 207,000.00
Tax (10.25%) $ 21,217.50
Delivery from Waco,Tx $ 4500.00
Total $ 232,717.50
This sourced unit is available under the Sourcewell Contract 091521-NAF. Please reference this Contract Number on all Purchase Orders to National Auto Fleet Group.
Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Jesse Cooper
National Fleet Manager
Office (855) 289-6572
Customer: Attn:
Email:
Model: VST40-MHI
We are pleased to quote the VERSALIFT VST-40-MHI, insulated 40 ft. 4 in. (12.3 m) telescopic aerial platform lift, 45 ft. 4 in. (13.8 m) working height, 30 ft. 2 in. (9.2 m) horizontal reach including the following items (based on a 40” frame height):
AERIAL LIFT SPECIFICATIONS
PLATFORM - The closed fiberglass platform is 24 In. x 30 In. x 42 In. deep (.61 m x .76 m x 1.07 m) with an inside and outside step for easy access. The platform capacity is 400 lbs. (181 kg) with the jib and winch installed and 500 lbs. (227 kg) with the jib and winch removed. The platform is equipped with a tubular rubber rest/support.
PLATFORM LINER AND VINYL COVER - A 50 kV rated liner and soft vinyl cover are supplied for the platform.
PERSONNEL RESTRAINT SYSTEM – An Arc flash rated safety harness and lanyard are supplied. The anchor for the lanyard is attached to the platform support.
SINGLE STICK UPPER CONTROL - The full pressure single-stick upper control includes a safety trigger to prevent inadvertent operation. The lift movements correspond with control handle movements. An emergency stop and a tool selector control are located at the upper controls.
TRUGUARD™ 2.0 - This advance upper controls isolation system provides 4" of electrical isolation from the entire upper controls, including the control dash panel. This system also includes a protective shield which helps prevent environmental and work-related contaminants from making direct contact with the isolating surfaces.
HYDRAULIC PLATFORM ROTATION - A hydraulic rotary actuator, operated by a control lever, rotates the platform 180° from one side of the boom, to the end-hung position, and to the other side of the boom.
HYDRAULIC PLATFORM LEVELING - A master and slave cylinder controls platform leveling. The leveling system can be operated from the upper or lower controls to adjust platform leveling, tilt the platform for clean out, or to ease the removal of an injured operator.
HYDRAULIC TOOL CIRCUIT AT THE PLATFORM - This system is intended for open center hydraulic tools. The tool circuit provides 6 gpm (22.7 lpm). A pressure reducing valve in the tool circuit limits the tool pressure. The valve can be adjusted from 1000 to 2500 psi (70 to 175 kg/cm2). Includes quick disconnect fittings.
LINE-LIFTING SOCKET - Built as part of the platform support structure, is a vertical line-lifting socket for 3 in. (76 mm) diameter line-lifting attachments. The socket is automatically leveled with the platform without any manual adjustments.
OUTER/INNER BOOM ASSEMBLY - The outer/inner boom assembly includes an outer boom, telescopic inner boom, extension system, and hose assemblies. The outer boom consists of an 8” x 10” (203mm x 254mm) steel section, with a 9” x 11” (229mm x 279mm) fiberglass Electroguard section. The 6 ⅞” x 8 ⅞” (165mm x 216mm) rectangular fiberglass inner boom is housed within the outer boom. The extension system consists of an extension cylinder, holding valves, and a hose carrier housed inside the boom. The hoses routed through the outer/inner boom assembly are non-conductive and fully contained within the boom assembly. A double acting cylinder with two integral holding valves articulates the outer/inner boom assembly. A boom support cradle and a boom tie down strap are included. The outer/inner boom assembly is fully insulated even in a retracted position.
CYLINDERS - Both the upper and lower cylinders are a threaded head-cap design. Both are equipped with two integral holding valves that prevent down creep and to lock the booms in position in the event of hose failure.
VST-40-MHI VSW-23390 VERSALIFT.COM Page 2 of 6 August 25, 2022 LOWER BOOM WITH CHASSIS INSULATING SYSTEM - Each end of a high strength fiberglass insert (chassis insulating system) is installed inside a rectangular 8 in. x 10 in. (203 mm x 254 mm) high strength steel section.
The steel and fiberglass sections are bonded with pressure-injected epoxy to fill any voids. After the adhesive cures, 16 bolts are added to assure maximum strength. A double acting cylinder, with two integral holding valves, articulates the lower boom. The lower boom and compensation link form a parallelogram linkage to maintain the knuckle at a constant angle to the turret.
TURRET - The turret wings are designed for strength and rigidity. A bearing cover seals out moisture and prevents foreign materials from obstructing the turret rotation. The turret plate is machined to provide a flat surface to support the rotation bearing.
INDIVIDUAL LOWER CONTROLS - Individual full pressure controls at the turret actuate all boom functions. The lower control station is equipped with a selector valve to override the upper controls.
DUAL ARM ARTICULATED JIB – Jib and winch consisting of a winch, two-piece jib pole assembly, and articulating arm. Up to 1000 lbs. material handling can be provided depending on boom and jib positions. The winch is hydraulically powered by a self-locking worm gear drive and is rated at 1000 lbs. full drum. The winch provides an average line speed of approximately 20 FPM (6.1 m/minute). The 3" diameter round inner jib pole is dielectrically tested and can be manually pinned in 5 different length positions, for a total of 22" length adjustment.
The 4" diameter round outer jib pole is manufactured from FRP but is not dielectrically tested. The jib pole assembly is automatically leveled with the platform and can be hydraulically tilted from -10 to + 86 for a total of 96 . The jib pole assembly is mounted on an articulating arm. The arm is compensated so the jib pole stays at approximately the same angle relative to the ground as the arm articulates. The arm travels 91 , providing the equivalent to 17.5" horizontal jib pole extension and 20" vertical jib pole extension. The jib and winch assembly can be manually indexed about a vertical axis in one of three different pin positions. This positions the jib up to 30 to either side of the boom, for a total travel of 60 . The jib and winch assembly can be removed without tools when not needed.
CONTINUOUS ROTATION - Unrestricted rotation is accomplished by a hydraulically driven worm and spur gear with a shear-ball rotation bearing. The critical bolts holding the lift to the rotation bearing and the rotation bearing to the pedestal are grade 8 hex head capscrews. These critical bolts are torque seal marked to provide a quick means of detecting any turning of the bolt upon inspection. An eccentric ring is used for gearbox backlash adjustment.
LUBRICATION - Non-lube bearings are used at most points of motion. Only the rotation bearing requires periodic lubrication.
PEDESTAL - The pedestal is tubular with a reinforced mounting plate. The top plate of the pedestal is 1-1/4 in. (32 mm) thick and machined flat to support the rotation bearing.
HYDRAULIC OIL RESERVOIR - A 17 gallon (64.4 l) hydraulic oil reservoir is built integral to the pedestal. Two sight gauges allow quick hydraulic fluid level checks.
HYDRAULIC SYSTEM - The open-center hydraulic system operates at 3000 psi (210 kg/cm2) at 6 gpm (22.7 lpm). A 10-micron return-line filter, mounted above the hydraulic oil level and inside the pedestal, can be easily changed without draining the reservoir. The 100 mesh (149 micron) suction strainer in the reservoir can be removed for cleaning. A gate valve, located below the reservoir, prevents oil loss when the pump is serviced. A magnetic drain plug attracts metal particles from the oil.
HOSES AND FITTINGS - The hoses routed through the booms are high pressure and non-conductive with swaged hose end fittings. Retainers separate the hoses inside the booms to prevent chafing and nylon sleeves are installed over hoses at points of movement. Reusable fittings can be installed if a hose is damaged.
BACKUP PUMP - An auxiliary hydraulic pump designed to bring the booms down in case the main hydraulic source fails. The emergency hydraulic pump is driven by a DC motor, which is powered by the truck-engine battery. The system is connected in parallel with the main pump and is designed for non-continuous operation. An air cylinder at the upper controls and a toggle switch at the pedestal are used to energize the system.
AUTOMATIC THROTTLE - Automatically advances the engine idle speed when the PTO is engaged.
ENGINE START / STOP - The start/stop circuit has been designed so the lift cannot be operated unless the truck ignition switch is in the “RUN” position and the master control is activated. This feature makes it difficult for unauthorized individuals to operate the lift when the truck is locked. An air cylinder at the upper controls and a toggle switch at the pedestal energize this system. VST-40-MHI VSW-23390 VERSALIFT.COM Page 3 of 6 August
25, 2022
AERIAL LIFT SPECIFICATIONS (Continued)
ELECTRICAL INSULATION SPECIFICATIONS - The outer/inner boom assembly is tested and certified for electrical work at 46 KV and below in accordance with ANSI A92.2 requirements. The outer/inner boom assembly is fully insulated even in a retracted position. The chassis insulating system (lower boom insert) is also tested according to ANSI A92.2.
AUTOMATIC BOOM LATCH – The automatic boom latch is designed to automatically restrain the upper boom in the cradle when stowed and automatically release the boom when the lift is operated. The latch is actuated by a hydraulic cylinder and includes a manual over-ride to open the latch without hydraulic power.
PAINT - The complete unit is primed and painted prior to assembly. The standard color is white urethane.
OUTRIGGERS - The modified A-frame outriggers are equipped with pilot operated check valves, internal thermal relief valves, pivot feet, and separate controls. Outrigger dimensions vary with chassis application. For a 31 in. (0.79 m) frame height, the, the outriggers furnish 122 in. (3.1 m) of spread, 8 in. (203 mm) of penetration, and 18 in. (457 mm) of ground clearance. For a 37-1/4 in. (0.95 m) frame height, the, the outriggers furnish 125-3/8 in. (3.2 m) of spread, 8 in. (203 mm) of penetration, and 18 in. (457 mm) of ground clearance.
OUTRIGGER / BOOM INTERLOCK SYSTEM – The outrigger/boom interlock system prevents lift operation until the outriggers contact the ground and outrigger retraction before the aerial lift is properly stored.
SLOPE INDICATORS - Slope indicators are required on Versalift units and supplied by Time Manufacturing Co.
Slope indicators shall be installed to indicate the level of the rotation bearing relative to the ground.
MANUALS - Two (2) Operator’s Manuals, two (2) Service Manuals, one (1) Manual of Responsibilities, and one (1) EMI Safety Manual are included with each aerial lift.
CHASSIS SPECIFICATIONS
Minimum Chassis Requirements:
• • Clean Cab to Axle Dimension (tops, sides & bottoms) ................................................................ 84 in. (2.14 m)
• • Frame Resisting Bending Moment ........................................................................ 530,000 in-lbs. (60,000 N-m)
• • GVWR ............................................................................................................................... 19,500 lbs. (8845 kg)
• • Front GAWR ........................................................................................................................ 7,000 lbs. (3175 kg)
• • Rear GAWR ...................................................................................................................... 13,500 lbs. (6120 kg)
• • Approximate Curb Weight for Stability .............................................................................. 14,500 lbs. (6580 kg) • • PTO Provision
• • Rear Fuel Tank Only
• • Trailer brake controller
• • Rear view camera and prep kit
• • Ram 5500 4x4
• • Diesel Engine
BODY SPECIFICATIONS
Steel Service Body:
132" Service Body 40 inches high X 94 inches wide.
Body Dimensions:
• • 20 Inch compartment depth.
• • 54 Inch bed area.
• • 24 Inch top of floor to top of body.
• • 18 Inch horizontal compartment height.
Body Materials:
• • 16 Ga. Galvanneal body materials.
• • 12 Ga. Hot rolled treadplate floor.
• • 12 Ga. Hot rolled treadplate compartment tops.
Door Details:
• • Stainless Steel Automotive rotary type door latches • • Latch Covers on All doors.
VST-40-MHI VSW-23390 VERSALIFT.COM Page 4 of 6 August 25, 2022 BODY SPECIFICATIONS (Continued)
• • Stainless steel rod and socket type door hinges.
• • Chain stops on all doors.
• • 18 Ga. Double Panel Body Doors.
Body Features:
• • Rubber rolled crown type fenders.
• • Master door lock system.
• • Automotive Bulb Type Weatherstripping.
• • Front bulkhead.
• • Shelving / Hooks installed on DUAL Uni-Strut for infinite adjustment. • • Two (2) formed angle Mudflap brackets
Streetside Compartmentation: 1st
Vertical:
• • 28 Inches wide Two (2) shelves each with adjustable dividers on 4" centers. 2nd Vertical:
• • 28 Inches wide Two (2) shelves each with adjustable dividers on 4" centers.
Horizontal:
• • 50 Inch open compartment. Adjustable dividers installed in compartment bottom on 6" centers.
Rear Vertical:
• • 26 Inches wide Two (2) shelves each with adjustable dividers on 4" centers.
Hotstick Shelf:
• • 132 Inches long rear dropdown access door.
Curbside Compartmentation:
1st Vertical:
• • 28 Inches wide Two (2) shelves each with adjustable dividers on 4" centers. 2nd Vertical:
• • 28 Inch wide gripstrut access steps to bed area.
Horizontal:
• • 50 Inches wide One (1) shelf with adjustable dividers on 4" centers.
Rear Vertical:
• • 26 Inches wide Five (5) - 1/2" Carriage Bolt Swivel / Locking material hooks 1-3-1.
Tailshelf:
• • Treadplate tailshelf 30 inches long X Full width of body x 6 inches high • • 7-Lamp light bar installed at rear.
• • Rear Lighting L.E.D in Tailshelf:
• • Rubber mounted recessed rear lighting kit with harness • • Two (2) stop/tail/turn lights - Peterson Brand M826R-7 L.E.D.
• • Two (2) clear back up lights - Peterson Brand M826C - 7 LED • • Two (2) front clearance lights reflector style- Peterson brand M173A L.E.D • • Two (2) side clearance lights reflector style- Peterson brand M173R L.E.D • • Two (2) rear clearance lights reflector style - Peterson brand M173R L.E.D • • Three (3) light center cluster reflector Style - Peterson brand M173R L.E.D
• • 7-Lamp light wiring harness.
Wheel Chock Storage:
• • Two built into body wheel wells curbside.
• • Pendulum Retainers.
Outrigger Control Boxes:
• • Two (2) Dual outrigger control boxes.
BODY SPECIFICATIONS (Continued) Outrigger
Pad Storage:
• • Two (2) Outrigger Pad Storage Brackets - 19" x 19" x 3" • • Pendulum Retainers.
Belted Step:
• • One (1) Rubber Belted type step at side access.
• • One (1) Rubber Belted type step at tailshelf
Tailgate:
• • Removable composite wood tailgate 5.5" high X full width of bed area installed at rear of load space.
• • Removable composite wood sidegate 5.5" high X full width of step area. • • Includes Pins and Lanyards
Grab Handles:
• • Two (2) Bolt-On Type at side access of body.
• • One (1) Pool type grab handles at rear of tailshelf. • • One (1) Mini Pool type grab handles at rear of tailshelf.
Paint:
• • Prime Paint Gray Interior
• • Grey Zolatone paint on the interior of the compartments.
INSTALLATION DETAILS
• • Furnish and install mounting hardware, PTO, and pump • • Install VERSALIFT VST-40-MHI
• • Furnish and install hydraulic diagnostic test port
• • Furnish and install service body and accessories
• • Furnish and install park brake interlock
• • Furnish and install slope indicators
• • Furnish and install backup alarm
• • Furnish and install a 3-point grounding system
• • Furnish and install four (4) LED amber strobes (2) installed in the front grille and (2) installed at rear on tailshelf • • Furnish and install ICC rear bumper
• • Furnish and install combo pintle/hitch with 2” ball and two (2) safety “D” rings • • Furnish and install a 7-prong flat-pin trailer receptacle • • Furnish and install mudflaps
• • Furnish and install travel height decal in the cab
• • Furnish and install rubber bumper for hotstick door • • Furnish and install a protective eyebrow over the back up camera eye at the rear • • Furnish and install rear chassis spring
• • Paint body to match cab and chassis
• • Paint treadplate floor with black no-skid
• • Furnish two (2) rubber wheel chocks
• • Furnish two (2) 18” X 18” X 1” outrigger pads
• • Furnish a 5lb fire extinguisher and a 3-piece triangle reflector kit • • Test ride completed unit for 1 hour
• • Test and Certify per ANSI A92.2
Notes
1. Your Terms This Order: Payment due upon receipt of invoice.
MSO released upon receipt of payment.
2. Days to Delivery: Available Q3 in 2024
3. This Quotation Validity: Until all units are sold. Availability is based on prior sales.
4. .
Signature: _________________________________________________ Date: ___________________________
Item #19.H.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve an Appropriation to Increase the Part-time Hours for Irwindale Recreation City Manager's Recommendation:
That the City Council adopt Resolution No. 2024-82-3559 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR (FY) 2024-2025 ADOPTED BUDGET AND APPROPRIATING $45,000 TO THE RECREATION DIVISION BUDGET FOR THE ADDITIONAL 1,950 PART-TIME HOURS.”
Administrative Action:
Submitted/Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
As a result of the COVID-19 pandemic, the number of part-time hours allocated for Irwindale Recreation was decreased from the city budget. Four years later, the City of Irwindale is thriving and the programs, events, and activities at Irwindale Recreation has increased including the number of participants in both existing and new programs; however, the number of part-time staff hours have continued to remain the same for the past three years.
In August 2023, the City Council approved a full-time position for an Inclusion Specialist for the Irwindale Recreation to oversee and provide individuals with all abilities the opportunity to participate in recreation and leisure programs and assist other departments to do the same. The Inclusion Specialist has been a great success, providing inclusive programs, especially for the City’s youth, and bringing the City of Irwindale to the forefront as a top leader in California government as it relates to inclusion, equity and diversity. When the request was made, and the City Council approved the hiring of an Inclusion Specialist, Irwindale Recreation’s KidZone Program had a small pool of students, approximately six (6), that needed a higher level of assistance. Today, that number has doubled to approximately twelve (12). With the increase in the number of KidZone participants from 30 to 50 and the increase in the number of participants that need a higher level of assistance, the need for additional staffing has increased accordingly. Since June of 2024, there are 3 to 5 participants who require 1 staff to 1 student ratio and, at times, as high as 3 staff to 1 student ratio. The six students who were on the higher support needs list in the 23/24 school year are not on this year’s higher support needs list, as a result of the successful inclusion practices and/or accommodations provided by Recreation staff.
In order to create a safe space for all KidZone participants, staff has also separated KidZone into three different age groups and created pods for each group to be in specific areas inside the Dan Diaz Recreation Center or in Irwindale Park at different times. These groups include Pod 1: Transitional Kindergarten (TK) and Kindergarten; Pod 2: 1st through 5th grade; and Pod 3: 6th through 8th grade.
This reorganization has been tremendously successful with overwhelming positive feedback from participants, parents and staff. In order to sustain this, Recreation staff require higher numbers of scheduled staff than currently allocated in the budget.
For these reasons, staff requests an additional 1,950 part-time hours be appropriated for Fiscal Year 2024/2025.
Fiscal Impact:
Approval of Resolution No. 2024-82-3559 will authorize the City to amend the FY 2024-2025 adopted budget by appropriating $45,000 to the Recreation Division budget for the additional 1,950 part-time hours.
Attachments:
1. Resolution No. 2024-82-3559
Resolution No. 2024-82-3559
RESOLUTION NO. 2024-82-3559
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR (FY) 2024-2025 ADOPTED BUDGET AND APPROPRIATING $45,000 TO THE RECREATION DIVISION BUDGET FOR THE ADDITIONAL 1,950 PART-TIME HOURS WHEREAS, the COVID-19 pandemic resulted in the decrease in part-time budgeted hours for Irwindale Recreation; and
WHEREAS, while the part-time hours have stayed the same for the past four (4) years, the City of Irwindale programs, events, and activities at Irwindale Recreation has increased including the number of participants in both existing and new programs; and WHEREAS, in August 2023, the City Council approved a full-time position for an Inclusion Specialist for Irwindale Recreation to oversee and provide individuals with all abilities the opportunity to participate in recreation and leisure programs and assist other departments to do the same; and
WHEREAS, at the time the Inclusion Specialist was hired, there were only a small pool of students in KidZone that required a higher level of assistance. In late summer/fall of 2024, the number of participants in KidZone that require a higher level of assistance has doubled to approximately twelve (12); and
WHEREAS, the KidZone Program also increased the number of participants from 30 to 50, which now requires additional staffing to address the increase in participants and the increase in the number of students that require a higher level of assistance. At times, the ratio is 1 staff to 1 student or 3 staff to 1 student; and WHEREAS, in order to create a safe space for all KidZone Participants, staff has separated KidZone into three different age groups and created pods for each group to be in specific areas inside the Dan Diaz Recreation Center or in Irwindale Park at different times; and
WHEREAS, as a result of all these changes and increases in participants and required assistance, a higher number of Recreation staff must be scheduled; however, the current Fiscal Year 2024/2025 Part-time Recreation Budget does not have sufficient funding.
WHEREAS, staff requests an additional 1,950 part-time hours be appropriated for Fiscal Year 2024/2025, which requires an appropriation from the general fund reserves of $45,000.
Resolution No. 2024-82-3559
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby finds that a need to increase the part-time hours for Irwindale Recreation to provide sufficient staffing for Recreation Programs such as KidZone.
SECTION 3. The City Council of the City of Irwindale hereby authorizes the budget amendment to the FY 2024-2025 adopted budget and appropriates $45,000 to the Recreation Division budget for the additional 1,950 part-time hours.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 5. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED and ADOPTED this 9TH day of October 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2024-82-3559
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-82-3559 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 9th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #21.A.
Date: October 9, 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 (Continued from September 25, 2024)
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: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Speed Humps Polices, Guidelines, and Procedures
City Manager's Recommendation:
That the Irwindale City Council discuss the Speed Humps Policies, Guidelines, and Procedures and provide direction to staff.
Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering / Building Official Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At the request of Mayor Pro Tem Burrola this matter has been placed on the agenda for the City Council to discuss and provide direction to staff regarding the process to study the installation of speed humps on Hidalgo Street and Martinez Street. Attached is a copy of the Speed Humps Policies, Guidelines, and Procedures, which was approved by the City Council on February 7, 2002.
Fiscal Impact:
Attachments:
1. Speed Humps - Policies, Guidelines, Procedures 2002
Item #22.A.
Date: October 9, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve cancelation of FY 2024-2025 project implementation and use of Community Development Block Grant funding and defer it to FY 2025-2026 City Manager's Recommendation:
Adopt Resolution No. 2024-77-3554, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CANCELING PREVIOUSLY APPROVED FISCAL YEAR (FY) 2024-2025 PROJECT AND DEFERRING
BOTH THE PROJECT IMPLEMENTATION AND USE OF ALLOCATED FUNDS FROM LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT TO FY 2025-2026.” Administrative Action:
Submitted by:
Kambiz Borhani, Finance Director / City Treasurer
Prepared by:
Claudia Carlos, Finance Analyst Electronically Approved Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On January 10, 2024, The City Council approved both the project list, and the use of Community Development Block Grant (the "CDBG") funding allocated to the County of Los Angeles (the "County") by the U.S. Department of Housing and Urban Development ("HUD"), and disbursed to the City of Irwindale (the “City”). The project that was identified and approved was to improve sidewalk and access ramp consistent with the American Disabilities Act, allowing disabled persons, including those dependent upon wheelchair to better navigate and benefit from the use of public spaces (the "Project"). The estimated amount of grant allocated to the City based upon population and included in the FY 2024-2025 adopted budget was $8,243 (previously estimated to be $8,245).
The County, as the recipient of the CDBG funding, has requested the City to cancel the current Project and hold a public hearing to reallocate the funds as if were allocating the original CDBG funding. The City has the ability to carry forward the CDBG funding for three years, and since the the initial allocation took place in January 2024, the City is able to roll the funding over by one fiscal year (FY 2025-2026).
Staff is seeking the City Council approval to defer the project implementation and the use of grant funds to FY 2025-2026.
Fiscal Impact:
The adopted budget for FY 2024-25 included $8,243 in grant funding. With the adoption of Resolution No. 2024-77-3554, staff are authorized to carry forward that amount and defer project implementation to FY 2025-2026.
Attachments:
1. Resolution No 2024-77-3554
2. CDBG Public Hearing Notice (posted 9.5.2024) for 10.9.2024 Meeting
Resolution No. 2024-77-3554
RESOLUTION NO. 2024-77-3554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CANCELING PREVIOUSLY APPROVED FISCAL YEAR (FY) 2024-2025
PROJECT(S) AND DEFERRING BOTH THE PROJECT IMPLEMENTATION
AND USE OF ALLOCATED FUNDS FROM LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT TO FY 2025-2026
WHEREAS, the City of Irwindale’s Community Development Block Grant (“CDBG”) Allocation from the County of Los Angeles for Fiscal Year (“FY”) 2024- 2025 was estimated to be $8,243; and
WHEREAS, no more than 15% of the City’s CDBG Allocation may be used for public services; and
WHEREAS, the City must comply with federal requirements including procurement standards and submittal of quarterly reports in order to qualify for and receive the CDBG Allocation. Additionally, CDBG funds must be used to address one of the following three objectives: benefit to low- and moderate-income persons, aid in the prevention or elimination of slums or blight, or to meet an urgent need; and
WHEREAS, the City desires to optimally apply the limited-use grant monies with minimal corresponding administrative burdens; and
WHEREAS, there is a need to provide access ramps and repair sidewalks in the community in accordance with American Disabilities Act (ADA) in order to improve mobility of disabled persons including those dependent upon wheelchair for transportation; and
WHEREAS, the City’s CDBG Allocation is eligible to pay for the cost of access ramps and sidewalk improvements to help those with disabilities; and WHEREAS, installing access ramps and improving sidewalks to improve mobility of disabled persons, including those dependent upon wheelchair transportation, would benefit disabled persons who may be low- or moderateincome, aid in the prevention or elimination of blight, and meet an urgent need, and thereby meet the national objectives for the use of CDBG Allocation; and WHEREAS, the City of Irwindale held a duly noticed public hearing on the proposed disposition of the City’s CDBG Allocation on January 10, 2024, and authorized the use of the City’s CDBG Allocation to pay for the cost of access ramps and sidewalk improvements to help those with disabilities.
WHEREAS, the City of Irwindale desires to cancel project implementation and use of CDBG funds and defer it to FY 2025-2026.
Resolution No. 2024-77-3554
WHEREAS, the City of Irwindale held a duly noticed public hearing on the cancellation and deferment of access ramps and sidewalk improvement project along with the use of CDBG funding of $8,243 from FY 2024-2025 to FY 2025- 2026 on October 9, 2024.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council previously approved the use of the City of Irwindale FY 2024-2025 CDBG Allocation of estimated $8,243 from the Los Angeles County Community Block Grant Program to fund the cost of access ramps and sidewalk repairs to improve the accessibility for people with disabilities.
SECTION 3. The City Council hereby approves cancellation and deferment of access ramps and sidewalk improvement project along with the use of CDBG funding of $8,243 from FY 2024-2025 to FY 2025-2026 on October 9, 2024.
SECTION 4. The City Council hereby authorizes the Finance Director to make all necessary adjustment to FY 2024-2025 adopted budget to reflect the cancelation and deferment.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon adoption.
PASSED, APPROVED AND ADOPTED this 9th day of October 2024. _____________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura Nieto
Chief Deputy City Clerk
Resolution No. 2024-77-3554
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-77-3554 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 9th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Laura Nieto
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 13, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:43 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, H. Manuel Ortiz.
Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
Absent: Councilmember Manuel R. Garcia
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the Consent Calendar. The motion was unanimously approved, Councilmember Garcia absent.
ITEM NO. 27A MINUTES OF THE REGULAR MEETING HELD FEBRUARY 28, MINUTES OF THE 2024
REGULAR MEETING
HELD FEBRUARY The minutes of the regular meeting held February 28, 2024, were 28, 2024 approved.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:44 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 25, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:38 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, Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz
Absent: Councilmember H. Manuel Ortiz
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 Garcia, to approve the Consent Calendar. The motion was unanimously approved, Councilmember Ortiz absent.
ITEM NO. 27A MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 11, MINUTES OF THE 2024
REGULAR MEETING
HELD SEPTEMBER11, The minutes were approved as presented. 2024
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:39 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk