Agenda packet — Irwindale City Council, November 13, 2024 (part 2 of 3)

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

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

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

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Item #19.G.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Memorandum of Understanding with the Irwindale City Employees Association (ICEA)
City Manager's Recommendation:

Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale City Employees Association July 1, 2024 – June 30, 2027.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, Human Resources/Risk Manager
Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Memorandum of Understanding (MOU) between the City of Irwindale (City) and the Irwindale City Employees Association (ICEA) expired on June 30, 2024. Pursuant to the Meyers-Milias-Brown Act (MMBA), representatives from the City and ICEA commenced negotiations for a successor MOU (ICEA MOU 2024-2027) in March 2024. On August 28, 2024, the City Council adopted Resolution No. 2024- 71-3548, accepting a Tentative Agreement with the ICEA. The ICEA MOU 2024-2027 incorporates all negotiated deal points previously approved by the City Council through the Tentative Agreement.

In addition, the ICEA MOU 2024-2027 includes the provision of an annual uniform allowance in the amount of nine hundred dollars ($900) for the recently approved Police Administrative Clerk position.

This allowance is the same amount currently allocated for the existing Police Records Clerk/Dispatcher position. Both positions require employees to wear a uniform daily.

The City’s labor relations representatives and representatives for the ICEA have concurrently and jointly prepared the ICEA MOU 2024-2027, subject to City Council approval. Once approved by the governing body of a local agency, an MOU becomes a binding agreement between the employee organization and the local agency.

Fiscal Impact:

The fiscal impact of all approved negotiated changes to the ICEA MOU 2024-2027 for each covered fiscal year was identified when the Tentative Agreement was approved. Changes have been incorporated into the FY 2024-25 budget and will be reflected in future budgets. The additional nine hundred dollars ($900) uniform allowance for the Police Administrative Clerk position can be absorbed within the current General Fund budget for FY 2024-25; therefore, no additional appropriation is required.

Attachments:

1. MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE CITY EMPLOYEES ASSOCIATION JULY 1, 2024 - JUNE 30, 2027

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MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF IRWINDALE AND

THE IRWINDALE CITY EMPLOYEES ASSOCIATION
JULY 1, 2024 – JUNE 30, 2027

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TABLE OF CONTENTS
ARTICLE 01 RECOGNITION OF THE ORGANIZATION ......................................................... 1 UNIT & UNION RECOGNITION ................................................. 1 FILING OF PETITIONS .............................................................. 1 ARTICLE 02 TERM OF MOU.................................................................................................... 1 TERM ESTABLISHED................................................................ 1 ARTICLE 03 SCOPE OF BARGAINING................................................................................... 1

AGREED SUBJECTS OUTSIDE SCOPE OF
BARGAINING ............................................................................. 1 ARTICLE 04 EMPLOYEE ORGANIZATION RIGHTS .............................................................. 3 MEMBERSHIP AND DUES DEDUCTION.................................. 3 INDEMNIFICATION OF CITY..................................................... 3 REPRESENTATIVES' RIGHTS.................................................. 4 ALLOWED TIME FOR REPRESENTATIVES ............................ 4

ACCESS TO NEW EMPLOYEE ORIENTATIONS AND

PROVISION OF NEW EMPLOYEE INFORMATION (AB
119 PROVISIONS) ..................................................................... 4 ARTICLE 05 NO STRIKE - NO LOCKOUT PLEDGE............................................................. 5

EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
.................................................................................................... 5 CITY PROHIBITED CONDUCT.................................................. 5 EMPLOYEE ORGANIZATION RESPONSIBILITY ..................... 5 CITY RIGHTS ............................................................................. 5 ARTICLE 06 BASIC COMPENSATION PLAN & OTHER BENEFITS ..................................... 6 BASIC COMPENSATION PLAN................................................. 6 LEVEL OF COMPENSATION..................................................... 6

SALARY AND WAGE SCHEDULES AND EXEMPTION
STATUS...................................................................................... 6 EDUCATION INCENTIVE PAY .................................................. 6 ANNUAL SERVICE AWARD PAY.............................................. 7 BILINGUAL BONUS PAY ........................................................... 7 LEAD WORKER PAY ................................................................. 7 HIGHER CLASSIFICATION PAY ............................................... 8 SICK LEAVE ACCRUAL............................................................. 8 PERSONAL LEAVE.................................................................... 8 VACATION ACCRUAL ............................................................... 8 CASH-OUT OF VACATION AND SICK LEAVE ......................... 9 HOLIDAY DATES ..................................................................... 10 FLOATING HOLIDAY ............................................................... 11 CELL PHONES......................................................................... 11 ARTICLE 07 HOURS AND WORK SCHEDULES .................................................................. 11 NORMAL WORKWEEK............................................................ 11 ALTERNATIVE 4/10 WORK SCHEDULE................................. 11

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JANITORIAL / CUSTODIAL WORK SCHEDULES .................. 12 BEREAVEMENT LEAVE .......................................................... 12 INJURY ON DUTY.................................................................... 12 OVERTIME ............................................................................... 13 JURY DUTY.............................................................................. 13 WITNESS LEAVE..................................................................... 13 COMPENSATORY LEAVE....................................................... 13 CALL-IN/CALL-BACK PAY....................................................... 14 ARTICLE 08 INSURANCE AND RELATED BENEFITS......................................................... 14 MEDICAL BENEFITS ............................................................... 14 DENTAL BENEFITS ................................................................. 14 VISION BENEFITS ................................................................... 14 GROUP LIFE INSURANCE...................................................... 15

ACCIDENTAL DEATH & DISMEMBERMENT POLICY
(AD&D)...................................................................................... 15

ADDITIONAL VOLUNTARY LIFE AND AD&D
COVERAGE.............................................................................. 15 IRS SECTION 125 AND 129 PROGRAM................................. 15 EAP PROGRAM ....................................................................... 15 STATE DISABILITY INSURANCE............................................ 15

MEDICAL, DENTAL & VISION INSURANCE PREMIUM
OPT-OUT.................................................................................. 16 ARTICLE 09 RETIREMENT BENEFIT.................................................................................... 16 CalPERS MEMBERSHIP.......................................................... 16 PARS MEMBERSHIP............................................................... 18 RETIREE MEDICAL ................................................................. 19 DEFERRED COMPENSATION PROGRAM ............................ 20 ARTICLE 10 MISCELLANEOUS PROVISIONS..................................................................... 20 CONTRACTING OUT PROVISIONS........................................ 20 DIRECT DEPOSIT REQUIREMENT ........................................ 20 TUITION REIMBURSEMENT................................................... 20 UNIFORM ALLOWANCE.......................................................... 21

UNIFORM ALLOWANCE FOR POLICE NON-SWORN
EMPLOYEES............................................................................ 21 FLEXIBLE STAFFING POLICY ................................................ 22 ARTICLE 11 COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING.............. 23 COMPLETION OF NEGOTIATIONS........................................ 23 FULL INTEGRATION................................................................ 23 REOPENERS ........................................................................... 23 ARTICLE 12 EMERGENCY WAIVER PROVISION................................................................ 24 WAIVER GRANTED ................................................................. 24 ARTICLE 13 DRAFTING PROVISIONS ................................................................................. 24 SEVERABILITY DECLARED.................................................... 24 JOINT DRAFTING .................................................................... 24 MODIFICATION........................................................................ 24

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ARTICLE 14 RATIFICATION AND EXECUTION ................................................................... 24 ATTACHMENT “A” ICEA UNIT MEMBERS
ATTACHMENT “A-1” SALARY SCHEDULE EFFECTIVE SEPTEMBER 1, 2024 ATTACHMENT “A-2” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2025
ATTACHMENT “A-3” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2026

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
ARTICLE 01

RECOGNITION OF THE ORGANIZATION

UNIT & UNION RECOGNITION
For the purposes of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq), City rules, regulations, and/or laws affecting wages, hours, and other terms and conditions of employment, the City of Irwindale (hereinafter referred to as the "City") hereby affirms its recognition of the Irwindale City Employees Association (hereinafter referred to, along with any successor organizations, as the "Recognized Employee Organization"), an unincorporated association, as the exclusive recognized employee organization for the General Employees Unit, consisting of all regular full-time employees, who are not at-will or covered by individual contract, except for sworn personnel, executive, mid-management, professional, supervisory, and dispatch positions, and permanent part time employees. The Unit members are designated by the classifications set forth in Attachment "A" hereto (hereinafter referred to as the "Unit").

FILING OF PETITIONS
This Memorandum of Understanding (hereinafter referred to as the "MOU") shall bar the filing of a Petition of Certification or Petition for Decertification of a recognized employee organization for the above identified employee representation unit during the term of this MOU; except that a Petition for Certification or a Petition for Decertification may be filed with the City Clerk of the City during a period beginning not earlier than one hundred and fifty (150) calendar days and ending not less than ninety (90) calendar days before expiration of said MOU.

ARTICLE 02

TERM OF MOU

TERM ESTABLISHED
The term of this MOU shall be effective from and after July 1, 2024 and shall expire at midnight on June 30, 2027.

ARTICLE 03

SCOPE OF BARGAINING

AGREED SUBJECTS OUTSIDE SCOPE OF BARGAINING
The parties hereto agree that the City shall have the right to unilaterally make decisions on all subjects that are outside the scope of bargaining, except those subjects which have not been expressly abridged by specific provisions of this MOU or by law. Those subjects agreed by the parties to be outside the scope of bargaining shall include, but are not be limited to, the following:

A. Determine issues of policy and make management decisions; B. Take any and all necessary action to carry out the mission of the City in emergencies;

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
C. Determine the mission of the City's constituent departments, divisions, boards, commissions and committees;
D. Determine the existence or nonexistence of facts which are the basis of any management decision;
E. Determine the necessity, organization or level of any service or activity conducted by the City and to expand or diminish such services or activities; F. Determine the nature, manner, means and technology and extent of services to be provided to the public;
G. Determine and/or establish types of equipment or technology to be used; H. Determine and/or change the facilities, methods, technology, means, and size of the work force by which City operations are to be conducted; I. Determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions;
J. Determine policies, procedures and standards pertaining to City operations and activities;
K. Determine and/or establish methods of financing;
L. Hire, transfer, promote and demote Unit members for non-disciplinary reasons, in accordance with this MOU and the City Personnel Rules and Regulations;
M. Determine the need and use of personnel information for Unit members and the means by which the information is to be provided, with Unit members retaining their rights to privacy as provided by law.

N. Determine and/or modify Unit member job qualifications and/or classifications;
O. Determine and/or change work assignments for Unit members in accordance with requirements as determined by the City; P. Determine Unit member performance standards, including but not limited to quality and quantity standards, and to require compliance therewith; Q. Relieve Unit members from duties for lack of work or similar non-disciplinary reasons;
R. Discharge, suspend, demote or otherwise discipline Unit members for proper cause, subject to Unit member's appropriate rights of appeal; and S. Determine and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
ARTICLE 04

EMPLOYEE ORGANIZATION RIGHTS

MEMBERSHIP AND DUES DEDUCTION
Recognized Employee Organization is the exclusive bargaining agent for the Unit and shall have the sole and exclusive right to have membership dues and other authorized payments deducted for member employees covered by this Agreement by the City.

Recognized Employee Organization shall certify that it has and will maintain authorizations signed by each member employee for the deduction of membership dues and other authorized payments, and shall provide the certification to the City on an annual basis. Recognized Employee Organization shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or the terms of the authorization.

Upon the receipt of such certification from Recognized Employee Organization, the City shall provide for payroll deductions on each payroll check (twenty-six (26) times per calendar year) of Recognized Employee Organization's dues and other authorized payments, in the amount certified to be current by Recognized Employee Organization. The City shall remit the total amount of deductions and authorized payments to Recognized Employee Organization on a monthly basis. The City shall make, cancel, or change membership dues and other authorized payments only upon receipt of certification from Recognized Employee Organization, and shall decline to make, cancel, or change membership dues and other authorized payments from any individual employee. Any change or cancellation in dues deductions shall be certified and provided to the City within thirty (30) days prior to the effective date of such change or cancellation.

Recognized Employee Organization shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other authorized payments pursuant to this Article. If Recognized Employee Organization does not notify the City of any discrepancy within ten (10) days, then the City shall be relieved of any responsibility.

Membership within and/or payment of any dues or fees to Recognized Employee Organization shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining Recognized Employee Organization.

INDEMNIFICATION OF CITY
Recognized Employee Organization shall indemnify, defend, and hold harmless the City for (i) any claims made by an individual employee relating to deductions made in reliance upon any certification from Recognized Employee Organization; and (ii) any liability arising from any claims, demands, or other action relating to the City’s compliance with this provision relating to maintenance of membership. The City shall have the right to select and direct legal counsel in the case of any challenge to the City’s compliance with this provision, and Recognized Employee Organization agrees to pay any attorney, arbitrator, or court fees, costs and expenses related thereto or associated therewith. Any claims, demands, disputes arising from the application or interpretation of this provision shall be filed with Recognized Employee Organization and shall not be subject to the City’s grievance procedure.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27

REPRESENTATIVES' RIGHTS
The Recognized Employee Organization may select a total of four (4) representatives for the Unit.

The Recognized Employee Organization shall give to the City a written list of Unit members who have been selected as representatives. The Recognized Employee Organization shall keep this list current.

Representatives may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances without loss of pay or benefits of any kind. To investigate and process means to discuss the matter with the grievant, record information, advise or recommend action, assist in the completion of documents necessary for the formal grievance processing, investigate allegations which may form the basis for the grievance, and, if so requested, appear with the grievant at the first formal level of grievance resolution. Representatives shall be free from reprisal and shall not in any way be coerced, intimidated or discriminated against as a result of their activities and roles as representatives.

Representatives shall notify and obtain permission from their department director before leaving their work to transact any employee organization business. Permission will be granted promptly unless such absence would cause an undue interruption of work. Upon entering another represented Unit member's work place on employee organization business, the representative shall obtain permission from the Unit member's department director. If such permission cannot be granted promptly, the representative will be immediately informed when the time will be available.

The Recognized Employee Organization agrees that a representative shall not log compensatory time or overtime pay for the time spent performing any function of a representative. Both permission and denial of a request to leave a work location by a representative shall be recorded with a signature by the immediate supervisor. Notations as to the reasons for a possible denial of the request and the time when time may be expected to be made available should be recorded.

The role of the representative is to provide timely grievance representation at the first steps of the grievance procedure in an effort to resolve grievances at the lowest possible level and to increase communications between the City and the Recognized Employee Organization.

ALLOWED TIME FOR REPRESENTATIVES
The City agrees to allow representatives an average of two (2) hours per month to transact and discuss employee organization business during their regular working hours, unless prior approval of an amount greater than two (2) hours has been given by the City Manager or designee, subject to absences from the assigned work being approved by the Unit member's department director with permission being granted promptly unless such absence would cause an undue interruption of work.

ACCESS TO NEW EMPLOYEE ORIENTATIONS AND PROVISION OF
NEW EMPLOYEE INFORMATION (AB 119 PROVISIONS)
The City will notify the Recognized Employee Organization President in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
employee, the City will provide the Recognized Employee Organization President with the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

The Recognized Employee Organization shall be permitted one (1) hour for each orientation session to talk to new Unit members to explain the rights and benefits under the MOU.

The City will provide the Recognized Employee Organization President a quarterly list of all employees in the Unit, including the employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

ARTICLE 05

NO STRIKE - NO LOCKOUT PLEDGE

EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
The Recognized Employee Organization, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause nor condone any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any Unit member shall constitute a just cause for discipline pursuant to Article 5.03 herein. Taking joint action or joining other employee organizations to engage in such activity is included in this prohibition.

CITY PROHIBITED CONDUCT
The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this MOU or applicable ordinance or law.

EMPLOYEE ORGANIZATION RESPONSIBILITY
In the event that the Recognized Employee Organization, its officers, agents, representatives, and/or members engage in any of the conduct prohibited in Section 05.01 herein, the Recognized Employee Organization shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and require that all such persons immediately cease engaging in conduct prohibited in Section 05.01 herein, and return to work.

If Recognized Employee Organization acts in good faith to meet its responsibilities as set forth above, then Recognized Employee Organization, its officers, agents, representatives and its members shall not be liable for any damages for prohibited conduct engaged in by any Unit members who are covered by this MOU.

CITY RIGHTS
Notwithstanding Section 05.03 herein, the City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article against the Recognized Employee Organization, its officers, agents, representatives or members.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
ARTICLE 06

BASIC COMPENSATION PLAN & OTHER BENEFITS

BASIC COMPENSATION PLAN
The City has established a basic compensation plan through Council Resolution for all represented Unit members listed in Attachment "A" hereto.

LEVEL OF COMPENSATION
The level of compensation shall be determined on a merit basis and Unit members shall initially be placed at the time of appointment by the City Manager or designee at a level of compensation not to exceed that which is established in the compensation resolution. No merit increases granted may exceed the maximum of the duly established range. No merit increases or any other salary adjustments shall be granted without a current performance evaluation.

SALARY AND WAGE SCHEDULES AND EXEMPTION STATUS
A. FY 2024-25: Effective September 1, 2024, there shall be a five percent (5%) across-the board base salary cost of living adjustment (“COLA”) increase for all employee classifications in the ICEA bargaining unit. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-1.

B. FY 2025-26: Effective the first payroll period commencing on or after July 1, 2025, there shall be a four percent (4%) across-the board base salary COLA increase for all classifications in the ICEA bargaining unit. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-2.

C. FY 2026-27: Effective the first payroll period commencing on or after July 1, 2026, there shall be a three and a half percent (3.5%) across-the board base salary COLA increase for all employee classifications in the ICEA bargaining unit.

Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-3.

EDUCATION INCENTIVE PAY
Unit members shall be provided an education incentive as follows:

A. Unit members with A.A./A.S. degrees or Junior status at college or university. Unit members who have been awarded at minimum an Associate in Arts Degree (“A.A.”) degree, an Associate of Science (“A.S.) degree or achieved at least “Junior” year status or higher at a four year college or university will receive an additional one thousand two hundred dollars ($1,200) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out bi-weekly over twenty-six (26) pay periods in a calendar year.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
B. Unit members with B.A./B.S. degrees. Unit members who have been awarded a Bachelors of Arts (“B.A.”) or Bachelors of Science (“B.S.”) degree will receive an additional one thousand five hundred dollars ($1,500) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

C. Unit members with Master’s degree. Unit members who have a Master’s degree will receive an additional one thousand eight hundred dollars ($1,800) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

D. Unit members without a degree or less than Junior status at college or university.

Unit members who do not meet the degree or educational requirement in paragraphs A-C above, shall be provided an education incentive at a rate of five dollars ($5.00) per month for each three (3) units completed, up to a maximum of one-hundred dollars ($100.00) per month for courses taken while employed with the City. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

Effective September 1, 2024, the effective date of the incentive pay will be the date on the proof of education or certificate and will be retroactive to no more than thirty (30) days from when proof of education or certificate is received by Human Resources.

ANNUAL SERVICE AWARD PAY
Unit members shall be entitled on each qualifying Unit member’s fifth (5th) consecutive employment year to “Annual Service Award” pay of thirty dollars ($30.00) for each year worked, which shall be paid in December of the qualifying year at the Annual Employee Service Award Luncheon. If there is no Award Luncheon planned for the year, payment of the service award on a separate check shall coincide with the first paycheck in December of the qualifying year. The Unit member must still be employed by the City at the time of the payment to be eligible for this Annual Service Award pay.

BILINGUAL BONUS PAY
Unit members shall be paid bilingual pay at a rate of two and one-half percent (2.5%) of the Unit members’ basic rate of pay upon passing a verbal bilingual exam. The Unit member may take a bilingual exam when hired or twice a year when the City offers bilingual exams. Bilingual bonus pay will be paid per pay period to those Unit members who prove proficient in Spanish and/or American Sign Language, and are required to use such languages during the course of City business. The City shall determine qualification requirements and the appropriate exam.

LEAD WORKER PAY
When a Unit member is designated in a "Lead" role within a classification, that Unit member shall be paid at a Step in the Unit member's salary range which is at least five percent (5%) higher than the highest actual salary being earned by any member of the crew over which the Unit member is charged with being the Lead.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27

HIGHER CLASSIFICATION PAY
Any Unit member requested to work in a higher classification job for more than one consecutive week shall be paid, upon the second consecutive week working in the higher classification job, a five percent (5%) base salary increase or step one of the higher classification range, whichever is greater. The higher classification pay shall be applied to the entire compensable period the employee worked at the higher classification job and shall be paid retroactive back to the first day of such higher classification work. An employee will be considered to have engaged in performing services in a higher classification job where it is determined that fifty percent (50%) or more of the employee’s daily work has been undertaken in the performance of duties that are within the job classification of the higher position and which are not in the job classification of the employee’s current classification.

SICK LEAVE ACCRUAL
Unit members shall accrue sick leave at the rate of 3.693 hours bi-weekly. All full-time regular and probationary unit members are eligible to use sick leave beginning on the ninetieth (90th) day of employment. Any request for use prior to the ninetieth (90th) day of employment will require prior approval of the Unit member's department director and the City Manager or designee. Use of sick leave shall be in accordance with City Personnel Rules Section 14.20, except as otherwise stated in Section 06.09 - Personal Leave.

PERSONAL LEAVE
Effective September 1, 2024, upon request and with department director pre-approval, Unit members may use up to forty (40) hours of sick leave as “Personal Leave” per calendar year. The appropriate use of Personal Leave may include such situations as lawyer’s appointments, driver license renewal, home repair appointments, domestic situations not involving family illnesses, and business appointments which normally cannot be done at other non-work times. It shall not be used to extend vacation time.

VACATION ACCRUAL
Unit members shall accrue vacation leave in accordance with the formula below The number of hours accrued bi-weekly is as follows:

Accrual at the next highest incremental rate shall begin with the next pay period following Unit member’s anniversary date of commencement of full-time continuous employment with the City.

Effective September 1, 2024, hours accrued over two hundred seventy-five (275) shall be cashed out at one hundred percent (100%) to be included in the first paycheck in January 2025.

Years of Service Hours Accrued Bi-Weekly
0-4 3.693
5 4.616
10 4.923
11 5.231
12 5.539
13 6.154

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
Effective January 1, 2025 and going forward, the cap on vacation accrual shall be three hundred fifty (350) hours. Once an employee has accumulated the maximum accrual amount of three hundred fifty (350) hours, no more vacation leave will be accrued by the employee until the accrual has been reduced below the cap. However, when, due to work circumstances and needs of the department, an employee is unable to utilize vacation leave, they shall request approval for excess accumulated vacation. The City Manager or designee will not unreasonably deny such request, provided the employee reduces this total below the cap within six (6) months.

A probationary Unit member shall not be eligible to utilize vacation leave during the first six (6) months of initial full-time employment with the City except with the prior approval of the Unit member's department director and the City Manager or designee.

CASH-OUT OF VACATION AND SICK LEAVE
Annual elective cash-out of vacation and sick leave accruals shall be limited to a maximum of one hundred (100) total hours per calendar year of accrued vacation or sick leave to be converted, and, in compliance with Department of Treasury, Internal Revenue Service (“IRS”) regulations (section 1.451-1(a)) must comply with the following:

A. Any vacation or sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 15th of the calendar year prior to the calendar year in which the Employee wishes to convert such vacation or sick leave.

B. All vacation and/or sick leave conversion elections are irrevocable and cannot be changed or amended unless a written rescission is received by Human Resources no later than December 15th of the calendar year prior to conversion.

C. Unit members who fail to submit an election by December 15th of the calendar year prior to the conversion will not be eligible for vacation and/or sick leave to be converted to cash for that calendar year.

D. Payments for accrued vacation and/or sick leave conversion to cash shall be made by separate check four (4) times a year (first pay period in September, December, March, and June).

E. Unit members will be eligible for partial conversion to cash if the full amount of hours elected are not available at the elected time of cash out.

F. Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than eighty (80) hours.

G. Effective January 1, 2025 and going forward, Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than two hundred (200) hours.

The parties hereto modify/clarify the City’s Personnel Rules Section 14.20.4 such that the City agrees to provide Sick Leave cash out upon an employee’s separation or elective cash out request, as follows:

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
Unit members hired on or after August 29, 2024, shall not be eligible for elective sick leave cash out or cash out of sick leave upon separation of employment or retirement from the City.

Unit members hired on or after August 29, 2024, shall be eligible to bring with them up to one hundred (100) hours of sick leave from their prior employer, so long as the new employee’s prior employer did not compensate the employee for their sick leave bank.

Effective August 29, 2024 and going forward, Unit members who are terminated for cause shall not be eligible for any sick leave cash out upon termination of employment.

The parties hereto modify/clarify the City’s Personnel Rules Section 14.15.4 such that cash out of both vacation and sick leave shall be paid at the Unit member's "basic rate of pay" as opposed to "regular rate of pay."
The cash out limit of one hundred (100) hours per calendar year shall not apply to any cash out of vacation or sick leave upon separation of employment or retirement from the City.

HOLIDAY DATES
Unit members shall have the following designated holidays. It should be understood that other employee groups may follow a different holiday schedule depending on days and hours worked.

These provisions shall supersede any of the City Personnel Rules governing the matters addressed in this Section.

If any of the foregoing holidays fall on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. For any holiday that falls on a Sunday, it will be at the City Manager's or designee’s discretion as to whether it will be observed on the following Monday. 25% over 800 hours
50% 481-800 hours
75% 1st 480 hours
1 New Year's Day January 1
2 Martin Luther King Jr. Day Third Monday in January
3 President’s Day Third Monday in February
4 Cesar Chavez Day March 31
5 Memorial Day Last Monday in May
6 Independence Day July 4
7 Labor Day First Monday in September
8 Veterans Day November 11
9 Thanksgiving Day Fourth Thursday in November
10 Day After Thanksgiving Day Fourth Friday in November 11 Christmas Eve (1/2 Day) December 24
12 Christmas December 25
13 New Year's Eve (1/2 Day) December 31

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FLOATING HOLIDAY
Unit members shall have a total bank of one hundred forty (140) hours per calendar year available to them for holidays. When any of the above-listed holiday falls on a regular workday or in the case of a Sunday holiday which is celebrated on the following Monday as determined by the City Manager or designee, six (6) to ten (10) hours, depending on Unit member’s regular work hours, will be deducted from the holiday bank of hours for each such holiday, and the holiday will be celebrated in the normal manner. At the beginning of each calendar year, the City will determine and distribute its holiday schedule. Based thereon, the total number of holidays will be deducted from the holiday bank of hours. Each Unit member will then be credited with the balance of the remaining one hundred forty (140) holiday bank hours which may be used as floating holiday hours in a manner similar to that of vacation leave hours. All floating holiday hours must be used in the calendar year in which they were credited to the Unit member. Any floating holiday hours not used by the end of the calendar year will be cashed out and included in the first paycheck in January of the following year.

CELL PHONES
Department directors will determine which classifications will be issued a City provided and paid for cell phone based on a determination by the department director that the employee’s use of a cell phone is required in order to carry out official City duties.

ARTICLE 07

HOURS AND WORK SCHEDULES

NORMAL WORKWEEK
The City’s Personnel Rules Section 6.05 defines the City's normal forty (40) hour workweek and provides for alternative workweek scheduling, as described more fully below. The parties agree that the City may set staggered work schedules over a seven (7) day workweek for some or all public works yard employees to minimize overtime while maintaining the existing forty (40) hour workweek for Unit members.

At the end of the calendar year, the City Manager or designee and the City Council may authorize the closure of some City facilities for a period not to exceed three (3) weeks. During this period of time, payment of base salaries shall be suspended. However, the employee shall continue to accrue benefits such as leave time, and City-funded benefits including but not limited to funding of insurance, shall continue in effect. During said period of time, individual employees may elect to compensate themselves by means of use of earned and accrued compensatory time off, administrative leave, earned and accrued vacation or earned and accrued floating holiday time.

The City Manager or designee may authorize, on a case-by-case basis, an impacted employee to work during the end-of-year closure to meet critical work deadlines or demands.

ALTERNATIVE 4/10 WORK SCHEDULE
Unit members may be on any of the following alternative 4/10 work week schedules:

A. On a 4/40 work schedule, commencing on Monday and concluding on Thursday, or commencing on Tuesday and concluding on Friday, of each calendar week, and that each work day shall consist of ten (10) hours worked per day.

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B. On a 9/80 work schedule, commencing on Monday and concluding on Thursday of each calendar week, working nine (9) hours per day, with every other Friday off. On the Fridays that the Unit member is working, the work day shall consist of eight (8) hours worked per day.

C. On a 5/40 work schedule, commencing on Monday and concluding on Friday of each calendar week, and that the work days shall consist of eight (8) hours worked per day.

D. The Library Technician classification works a forty (40)-hour workweek with specific daily schedule set by the City to accommodate Library’s hours and operational needs.

Non-exempt Unit members will be provided two fifteen (15) minute rest periods during the day and one thirty (30) minute unpaid lunch period. Scheduling of rest and lunch periods shall be at the sole discretion of the Unit member's department director, but in no case shall the Unit member be denied either a lunch or rest period. Employees shall be allowed to combine the two fifteen (15) minute paid rest periods with the thirty (30) minute unpaid lunch, for a one (1) hour lunch period. Rest period is not cumulative beyond the scheduled workday within which the rest period occurs. Lunch periods shall also not be used to shorten the work day.

JANITORIAL / CUSTODIAL WORK SCHEDULES
The parties agree that the City may set janitorial and/or custodial work schedules as follows:

One assigned to work a shift of 4:00 am to 2:00 pm
One assigned to work a shift of 8:00 am to 6:00 pm
The parties further agree that the City may return to the pre-existing work schedule for these positions at the City's unilateral election without further meet and confer required.

BEREAVEMENT LEAVE
Consistent with the City’s Bereavement Leave Policy, Unit members shall be entitled to bereavement leave of up to five (5) working days (no more than forty (40) hours of which would be paid) per incident. If the unit member requires more than forty (40) hours for bereavement, they may use vacation leave, sick leave, or compensatory time off that is otherwise available to the unit member with prior approval, where appropriate.

INJURY ON DUTY
Any Unit member considered non-exempt under the federal Fair Labor Standards Act (FLSA) assigned to light-duty status, will generally be assigned to work his or her normal assigned work days and hours. Any exceptions to this schedule may be made with appropriate advanced notice to the employee with approval of the department director/City Manager or designee. Employees on light-duty status are not authorized to work overtime or accrue compensatory time. Employees will be paid for doctor appointments and/or treatment that occurs during light duty work hours, but not for appointments and/or treatment that occurs during their scheduled time off.

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OVERTIME
For purposes of calculating Unit member entitlement to overtime pay and/or compensatory time pursuant to the federal Fair Labor Standards Act (“FLSA”) for non-exempt Unit members, the work week shall consist of forty (40) work hours worked per week according to the 4/40, 9/80, or 5/40 work week schedule set forth above. Any non-exempt Unit member covered by this MOU who works in excess of forty (40) hours in any work week shall be entitled to overtime pay and/or compensatory time, according to the method then in effect to compensate Unit members for overtime worked. Floating Holiday hours, sick leave hours, vacation, or compensatory time used, will not be included as time worked for purposes of calculating FLSA overtime. Legal holidays, for which City Offices are closed, will not be recognized as time worked for purposes of calculating overtime. Unit members who work on designated City holidays shall be paid at time and a half.

However, if the Unit members calls in sick the day before or the day after a legal holiday, that Unit member will only receive overtime based on actual hours worked.

All overtime worked in less than one (1) hour increments in a work shift shall be compensated for in the following manner:

JURY DUTY
Any Unit member summoned for jury duty shall be entitled to the Unit member's regular rate of pay for up to ten (10) work days, provided the Unit member deposits any fees for service, excluding mileage, with the City. If a Unit member on an alternative work schedule is summoned for jury duty, the department director or designee shall convert the unit member’s usual work shift to a regular five (5) day Monday through Friday shift basis.

WITNESS LEAVE
The City Personnel Rules Section 7.05 JURY DUTY AND WITNESS LEAVE provides for witness leave as follows:.
"Any employee required to be absent from work by proper subpoena issued by a court or other legally empowered agency, shall be entitled to be absent from work at the employee's regular rate of pay, provided that any fees, except mileage, are deposited with the City."

COMPENSATORY LEAVE
City Personnel Rules Section 14.30 provides for compensatory leave. Eligible non-exempt Unit members may accrue a maximum of eighty (80) hours of compensatory leave.

Time Worked Overtime Compensation
0-15 minutes .25 hour x 1.5
16-30 minutes .50 hour x 1.5
31-45 minutes .75 hour x 1.5
46-60 minutes 1 hour x 1.5

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CALL-IN/CALL-BACK PAY
Unit members considered non-exempt under the federal Fair Labor Standards Act (FLSA), called into work and who reports for said work on a day other than their regular scheduled work day, shall be entitled to a minimum of four (4) hours of work at the appropriate rate and shall perform such duties as assigned.

A Unit member called back to work after they have completed a regular shift and has left the premises of the City, shall be entitled to a minimum of three (3) hours of work at time and onehalf their regular rate of pay.

A Unit member called to work within one hour before the Unit member’s regular shift shall be covered by the overtime rules set forth above in the event the call-in time runs continuous with the Unit member’s regular shift. Otherwise, the call-back pay provisions above shall apply where there is a break in time between the call-back assignment and the start of the Unit member’s regularly scheduled shift. In no event shall there be an overlap of time resulting in double payment of wages for the same time period nor shall a Unit member earn overtime for regularly scheduled work unless that regularly scheduled work exceeds forty (40) hours in a work week. If the Unit member is called to work more than one hour before the Unit member’s regular shift, the call-back pay provisions shall apply.

Any Unit member who reports to work on a regularly scheduled work day and on time for work and is put to work shall be guaranteed a minimum of four (4) hours of work and shall be paid for the hours worked, except that Unit members who are scheduled to work less than four (4) hours for that day, will be paid only for time worked.

ARTICLE 08

INSURANCE AND RELATED BENEFITS

MEDICAL BENEFITS
Medical Benefits shall be under the CalPERS medical program. The City pays one hundred percent (100%) of the premium for any CalPERS medical plan for Unit members and their eligible dependents.

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

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

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GROUP LIFE INSURANCE
The City pays one hundred percent (100%) of the premium for a group life insurance policy for Unit members with a benefit coverage of one (1) times the Unit member’s annual earnings (as defined in policy) to a maximum of one hundred thousand dollar ($100,000) and coverage for spouse and eligible dependent children of five thousand dollar ($5,000) each.

ACCIDENTAL DEATH & DISMEMBERMENT POLICY (AD&D)
The City pays one hundred percent (100%) of the premium for an AD&D policy for Unit members which provides benefit coverage of one (1) times annual base salary up to a maximum of one hundred thousand dollars ($100,000).

ADDITIONAL VOLUNTARY LIFE AND AD&D COVERAGE
The City offers additional benefit coverage for purchase by Unit members at said member's own expense.

IRS SECTION 125 AND 129 PROGRAM
The City shall use its bests efforts to establish and maintain a plan, to enable qualifying Unit members covered by this MOU to obtain the deductions set forth in § 125 and § 129 of the Internal Revenue Code as regards Health Care and Dependent Care Flexible Spending Accounts. Health Care FSA plans are governed by the rules of § 125 while Dependent Care FSA plans are governed by the rules of § 125 and § 129 of the Internal Revenue Code and both will be administered in accordance with those rules.

The maximum contribution amounts shall be established in accordance with applicable laws.

The City and the Recognized Employee Organization acknowledge and agree that, should the Internal Revenue Service determine that City has not or cannot develop or cannot maintain such a qualifying plan, City’s failure to do so shall not be deemed a breach of this MOU. The City and the Recognized Employee Organization further acknowledge and agree that City does not and shall not provide legal or tax advice to Unit members covered by this MOU as to whether dependent care and health care expenses are legally tax deductible to or by any such Unit member.

The § 125 and § 129 Program will be in full force and effect unless changed by mutual agreement of the City and Recognized Employee Organization. The Program shall be administered through a vendor selected at the City's sole discretion. While participation in the § 125 and § 129 Program is voluntary, all administrative costs for participation are to be paid by the City.

EAP PROGRAM
The City pays the premium for participation in an Employee Assistance Program for Unit members and their eligible dependents.

STATE DISABILITY INSURANCE
Unit members participate in the state-sponsored short-term disability program at no expense to the City.

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MEDICAL, DENTAL & VISION INSURANCE PREMIUM OPT-OUT
Any Unit member covered hereunder who elects to opt-out of medical, dental & vision coverages offered by the City will be paid a cash benefit in lieu of said coverage equal to one half (1/2) of the average monthly cost to the City for single employee medical insurance coverage only (not including dental or vision), provided such Unit member can demonstrate, to the satisfaction of the City, that such Unit member has opted out of all three (3) coverages and can demonstrate to the satisfaction of the City, that such Unit member has substantially equivalent medical coverage through some other insurance plan, which plan shall remain in full force and effect during the entire term of employment of such Unit member with the City. The City shall have the sole and unfettered right to determine whether a Unit member has satisfactorily demonstrated substantially equivalent medical coverage, and any such Unit member seeking reimbursement from the City must, at least annually, provide written proof of such substantially equivalent medical coverage in a form satisfactory to the City. Payment of this incentive pay shall be made bi-weekly through the regular payroll system.

ARTICLE 09

RETIREMENT BENEFIT
CalPERS MEMBERSHIP
A. The following provisions in this Section “A” apply to Unit members as defined by AB 340 (the California Public Employees’ Pension Reform Act of 2013,) as “classic” members of CalPERS.

The City is a contract member of the California Public Employees' Retirement System (CalPERS). Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and the California Public Employees' Retirement System heretofore approved by the City Council which includes the programs identified below which shall be maintained during the life of this MOU.

1. Section 21354: 2% @ 55 retirement benefit formula for Unit members.

2. Section 21574: Fourth Level of 1959 Survivors Benefit allowance.

3. Section 21024: Military Service as Public Service

4. Section 20042: One Year Final Compensation (for Unit members hired before May 1, 2011).

5. Section 20037: Three Year Average Final Compensation (for Unit members hired on or after May 1, 2011).

6. Section 21427: Improved non-industrial disability
allowance.

7. Section 21624 & 21626: Post-retirement survivor
allowance.

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8. Section 20965: Credit for unused sick leave.

For Unit members who are classic members of CalPERS, the City shall pay only the employer portion of the required contribution. Unit members who are classic members shall pay the entire employee retirement contribution, which is currently seven percent (7%). The City does not pay any share of the required employee contribution (EPMC).

Effective with the start of the first full pay period in July 2025, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the seven percent (7%) statutory employee contribution already paid by the employee and will increase the employee’s contribution to a total of eight percent (8%).

Effective with the start of the first full pay period in July 2026, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable (for a total of two percent (2%) of compensation earnable) toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the eight percent (8%) employee contribution already being paid by the employee and will increase the employee’s contribution to a total of nine percent (9%).

B. AB 340 (as modified by AB 197) the California Public Employees’ Pension Reform Act of 2013 (PEPRA.)
AB 340, as it may from time to time exist, shall in its entirety be given full force and effect during and after the term of this MOU. Any provision in this MOU which contradicts any provision of AB 340, shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU.

Unit members hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04, shall individually pay a CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30)
Unit members who are “new members” (miscellaneous employees) on and after January 1, 2013, shall be enrolled in the AB 340 provided for 2% @ 62 retirement formula (Govt. Code § 7522.20).

Unit members who are “new members” on and after January 1, 2013, shall have “final compensation” measured by the highest average annual pensionable

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compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.)
Cost Sharing
Effective with the start of the first full pay period in July 2025, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost to CalPERS via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty percent (50%) of normal cost already being paid by the employee to a total of fifty and a half percent (50.5%).

Effective with the start of the first full pay period in July 2026, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant an amendment to the City’s contract with CalPERS under to California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty and a half percent (50.5%) of normal cost already being paid by the employee to a total of fifty-one percent (51%).

During the term of this MOU, the City shall initiate a CalPERS contract amendment so that the additional cost share percentages described above fall under California Government Code Section 20516(a). If for any reason the City is not able to make any of the cost sharing deductions set forth above, the cost sharing will be implemented outside of a PERS contract amendment as authorized by California Government Code Section 20516(f). The City and bargaining unit will take all actions necessary to implement the pension cost sharing agreement described here.

PARS MEMBERSHIP
Pursuant to Government Code §§ 53216 et seq., the City participates in the Public Agency Retirement Services (PARS) Retirement Enhancement Plan which affords Unit members the retirement benefit commonly referred to as “1% at 55.” The City pays on behalf of each eligible Unit member an amount sufficient to pay the full cost of the PARS retirement enhancement benefit. The City’s participation in PARS is in addition to, and not in lieu of, the City’s participation in the CalPERS programs identified in the preceding Section. The City's PARS participation shall continue in full force and effect during the term of this MOU.

Unit members hired before January 1, 2007 shall have their PARS benefits vested after completing three (3) years of continuous employment with the City and service credit shall be given for previous employment with/by other agencies and/or cities. Unit members hired after January 1, 2007 shall have their PARS benefit vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities.

Effective January 1, 2011 the parties agreed to modify the PARS plan design for current Unit members hired before January 1, 2011 regarding cash out options with an employee contribution of four-tenths of a percent (0.4%) on a pre-tax basis. Section 4.2(d) and Section 4.2(c) of the PARS plan document was modified, thereby removing plan features such as the option of lump sum payment, and fixed term payments of 5-6 years. Section 2.3 of the PARS plan document was modified, thereby removing the pre-retirement disability benefit. All Unit members hired

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before January 1, 2011, shall pay four-tenths of a percent 0.4% of salary to maintain the PARS plan design features of fixed term payments of 7-15 years.

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

Effective January 1, 2011, the PARS plan document was modified to add a “pop-up” provision to Option 2 of the PARS REP plan, whereby if the beneficiary predeceases the retiree, the retiree’s monthly benefit will increase.

For Unit members, hired on or after January 1, 2011 and before January 1, 2013, the City shall pay on behalf of each eligible Unit member fifty percent (50%) of the amount sufficient to pay for the cost of the PARS retirement enhancement benefit. The Unit member shall be required to pay for fifty percent (50%) of the contribution.

Unit members hired on and after January 1, 2013 shall be ineligible to participate in the PARS program.

RETIREE MEDICAL
CalPERS eligible retirees (Unit members hired before January 1, 2011) and their dependents shall receive one hundred percent (100%) lifetime medical insurance upon retirement from the City. The City shall pay one hundred percent (100%) of the premium for any CalPERS medical plan.

For Unit members hired on or after January 1, 2011 retiree medical will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479 which mirrors the state plan for contribution levels. The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount towards retiree medical premium for any CalPERS medical plan. Contribution level shall be as follows:

Credited Years of PERS Service
(5 of which must be performed at
the City of Irwindale)
Percentage of
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20+ 100%

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DEFERRED COMPENSATION PROGRAM
Effective September 1, 2024, the City will match up to one hundred dollars ($100.00) per month of a Unit member’s contribution to a City Authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

ARTICLE 10

MISCELLANEOUS PROVISIONS

CONTRACTING OUT PROVISIONS
Prior to contracting with outside vendors in excess of twenty thousand dollars ($20,000.00) annually for work or services usually performed by Unit members covered by this MOU or proposed to be performed for the City, the City and the Recognized Employee Organization will meet and confer to determine if the same can be performed or retained by Unit members covered by this MOU. The City and Recognized Employee Organization acknowledge and agree that the City retains the sole and unfettered right, through its City Council, to determine what work or services to be performed by outside vendors, and the parties hereto further acknowledge and agree that failure on the part of the City and the Recognized Employee Organization to reach agreement through this meet and confer process on issues relating to such work and services to be contracted for with outside vendors shall not constitute a breach of this MOU on the part of the City, nor shall it constitute a violation of the Meyers-Milias-Brown Act on the part of the City. For work or services performed at twenty thousand dollars ($20,000.00) or less annually, there is no obligation to meet and confer.

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

TUITION REIMBURSEMENT
City Personnel Rules Section 15.25 as applied to Unit members is modified by this provision to the extent that the City and the Recognized Employee Organization agree that the City determines funding levels to be set at twenty thousand dollars ($20,000) tuition per fiscal year to be used exclusively by ICEA members only during the term of this contract. Unit members applying for tuition reimbursement will initially receive twenty percent (20%) of the allocated twenty thousand dollars ($20,000). If, at the end of the fiscal year, unencumbered funds are available in the tuition reimbursement account, remaining funds will be used to further reimburse those employees who have accumulated reimbursable educational expenses in excess of twenty percent (20%) of the total available for that fiscal year. If more than one employee incurs such additional expenses, distribution of the remaining funds will be made equally among said employees until each individual employee has been fully reimbursed, or until the funds have been depleted, whichever comes first.

To be eligible for reimbursement, employees must have completed their probationary period.

Reimbursement requests must be submitted within sixty (60) days of completing the class or coursework or receiving the passing grade. In addition, the institution must be accredited by an

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agency recognized by the California Department of Education, U.S. Department of Education or Council for Higher Education Accreditation.

All courses taken and completed must have prior written approval of the department director and the City Manager or designee and be related to the Unit member’s employment with the City, unless the course is part of classes necessary for obtaining a degree. Upon completion of each course, the Unit member must complete the appropriate City form requesting tuition reimbursement. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the Personnel Officer. Unit members requesting reimbursement for course-related textbooks are required to turn the books into the Human Resources Department. Textbooks should not be marked or written in, and they must be in usable condition. Effective September 1, 2024, Unit members will receive reimbursement for required course-related digital textbooks upon request for reimbursement and proof of payment.

UNIFORM ALLOWANCE
A. Unit members in the Public Works Department covered by this MOU shall be permitted to wear approved shorts in lieu of long pants year round as long as it does not pose a safety hazard as determined by the Unit member’s supervisor in their sole discretion. Purchase, maintenance or cleaning of said shorts shall not be at the City’s expense.

B. Effective September 1, 2024, Unit members listed in the classifications below are eligible to receive a uniform reimbursement of up to four hundred fifty dollars ($450.00) for up to two (2) pairs of safety shoes/boots per fiscal year as required by department director:

1. Bus Driver

2. Code Enforcement Officer

3. Janitor

4. Maintenance Aide

5. Maintenance Worker I

6. Maintenance Worker II

7. Maintenance Lead Worker

8. Senior Bus Driver

9. Senior Code Enforcement Officer
C. Effective September 1 2024, Unit members listed in the classifications Engineering Technician, Information Technology Technician, and Senior Center Leader/Bus Driver are eligible to receive a uniform reimbursement of up to three hundred dollars ($300) during the term of the contract for safety shoes/boots as required by department director.

UNIFORM ALLOWANCE FOR POLICE NON-SWORN EMPLOYEES
The full-time position of Police Administrative Clerk, Police Records Clerk, and Police Records Clerk/Dispatcher shall receive an annual uniform allowance in the amount of nine hundred dollars ($900.00).

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FLEXIBLE STAFFING POLICY
The City may grant a flexible staffing promotion to an employee who holds one of the following flexible staffing classifications: Maintenance Aide, Maintenance Worker I, II.

A. An employee will be eligible to progress from a Maintenance Aide to a Maintenance Worker I if all of the following occur, provided that, the progression remains at the sole discretion of the City Manager or designee:

1. The employee has completed four (4) years as a full-time Maintenance Aide;

2. The employee has achieved an overall rating of “highly satisfactory” on the last two annual performance evaluations immediately preceding the promotion;

3. The employee meets the minimum qualifications for the position; and

4. The employee has the recommendation of the department director.

B. Maintenance Worker I can progress to a level II if all of the following occur, provided that, the progression remains at the sole discretion of the City Manager or designee:

1. The employee has completed (4) years as a level I;

2. The employee has achieved an overall rating of “highly satisfactory” on the last two annual performance evaluations immediately preceding the promotion;

3. The employee meets the minimum qualifications for the position; and

4. The employee has the recommendation of the department director.

A Maintenance Worker I can only progress to a level II if there is a vacancy. The total number of Maintenance Worker II positions is limited to six (6) at any one time. If there are two or more eligible Maintenance Worker I employees and only one (1) vacant Maintenance Worker II position, then the Maintenance Worker II position will go through the internal recruitment process.

C. Upon a flexible staffing promotion, an employee shall be paid at the Step in the higher salary range which is at least a five (5%) percent increase over the salary he or she received in the employee's current (pre-promotional) job classification; provided that such increase shall be at least equivalent to the minimum and shall not exceed the maximum salary step level established for the new job classification. A flexible staffing promotion shall establish a new performance evaluation date for purposes of applying the salary step plan. Any flexible staffing promotional appointment shall be subject to a six (6) month probationary period.

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ARTICLE 11

COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING

COMPLETION OF NEGOTIATIONS
The terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the Recognized Employee Organization expressly waives the right to meet and negotiate with respect to any subject covered in this MOU, unless modified through the voluntary, mutual consent of the parties.

FULL INTEGRATION
This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in this MOU. The parties agree that during the negotiation that culminated in this MOU, each party enjoyed the opportunity to make demands and proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. However, all provisions of existing City rules and regulations, resolutions, ordinances and policies not specifically contained in, or referred to by this MOU, shall remain in full force and effect, and are specifically not superseded or otherwise affected by this MOU.

REOPENERS
Notwithstanding the provisions of Sections 11.01 and 11.02 above, the City and the Recognized Employee Organization agree to meet and confer on the following items during the term of this MOU:

A. Updating, modifying and/or instituting a new Employer-Employee Relations Resolution;
B. Updating the City Personnel Rules;
C. Updating the City's job description/specifications;
D. Updating and/or creating a City Cell Phone Policy;
E. Creating a City Wellness Program;
F. Creating a City Employee Rewards and Recognition Program; G. Discuss bargaining unit modification whereby ICEA and IMEA represented bargaining units would be combined into one bargaining unit represented by one employee organization;
H. Discuss the feasibility of participation in City funded Post Employment Health Plan (PEHP) that would fund retiree dental and vision benefits; I. Discuss an annual rotation of Maintenance Aide, Maintenance I/II, and Maintenance Lead staff for the 4th of July holiday; and

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
J. Meet to determine classifications in the ICEA represented unit membership based on the definition included in the EERR.

ARTICLE 12

EMERGENCY WAIVER PROVISION

WAIVER GRANTED
In the event of circumstances beyond the control of the City, such as force majeure, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of the City, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Recognized Employee Organization shall have the right to meet and confer with the City regarding the impact on Unit members of the suspension of provisions in the MOU during the course of the emergency. Any rights and benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency.

ARTICLE 13

DRAFTING PROVISIONS

SEVERABILITY DECLARED
Should any provision of this MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. The parties shall meet and confer over a new provision to replace any such provision stricken by law.

JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party.

MODIFICATION
This MOU may only be modified or amended by written agreement between the parties which then must be approved by Council resolution.

ARTICLE 14

RATIFICATION AND EXECUTION
This MOU has been developed as a result of meet and confer sessions between representatives of the City and the Recognized Employee Organization regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and the Recognized Employee Organization have reached an understanding as to certain recommendations to be made to the City Council for the City of Irwindale and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. The City and the Recognized Employee Organization acknowledge that this MOU shall not be in full force and effect until adoption by the City Council of the City.

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ICEA Memorandum of Understanding 07/01/24 – 06/30/27
Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Recognized Employee Organization and entered into this ___ day of __________, 2024.

CITY OF IRWINDALE THE IRWINDALE CITY EMPLOYEES

ASSOCIATION
Julian A. Miranda, City Manager/Municipal
Employee Relations Representative
Gary Strobehn, ICEA President
Mary Hull, Human Resources/Risk Manager

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ATTACHMENT “A”

ICEA UNIT MEMBERS
Position Title
Accountant
Administrative Secretary
Assistant Planner
Building Inspector
Bus Driver
Code Enforcement Officer
Deputy City Clerk
Engineering Technician
Finance Analyst
Finance Technician
Human Resources Specialist
Inclusion Specialist
Information Technology Technician
Janitor
Library Technician
Maintenance Aide
Maintenance Lead Worker
Maintenance Worker I
Maintenance Worker II
Office Specialist
Permit Technician
Planning Technician
Police Administrative Clerk
Police Records Clerk
Police Records Clerk/ Dispatcher
Police Services Specialist
Recreation Assistant
Senior Bus Driver

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Position Title
Senior Center Assistant
Senior Center Leader/Bus Driver
Senior Center Specialist
Senior Code Enforcement Officer
Senior Recreation Leader

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Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
ICEA Accountant 1 Hourly 45 36.4135 38.2341 40.1457 42.1529 44.2606 Bi-Weekly 2,913.08 3,058.73 3,211.65 3,372.23 3,540.85
Monthly 6,312 6,627 6,959 7,307 7,672
Annual 75,740 79,527 83,503 87,678 92,062
ICEA Administrative Secretary 2 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Assistant Planner 1 Hourly 45 36.4135 38.2341 40.1457 42.1529 44.2606 Bi-Weekly 2,913.08 3,058.73 3,211.65 3,372.23 3,540.85
Monthly 6,312 6,627 6,959 7,307 7,672
Annual 75,740 79,527 83,503 87,678 92,062
ICEA Bus Driver 1 Hourly 33 27.0755 28.4293 29.8510 31.3438 32.9111 Bi-Weekly 2,166.04 2,274.35 2,388.08 2,507.50 2,632.88
Monthly 4,693 4,928 5,174 5,433 5,705
Annual 56,317 59,133 62,090 65,195 68,455
ICEA Code Enforcement Officer 1 Hourly 39 31.3990 32.9692 34.6178 36.3486 38.1659 Bi-Weekly 2,511.92 2,637.54 2,769.42 2,907.88 3,053.27
Monthly 5,443 5,715 6,000 6,300 6,615
Annual 65,310 68,576 72,005 75,605 79,385
ICEA Deputy City Clerk 0 Hourly 41 32.9880 34.6375 36.3692 38.1875 40.0971 Bi-Weekly 2,639.04 2,771.00 2,909.54 3,055.00 3,207.77
Monthly 5,718 6,004 6,304 6,619 6,950
Annual 68,615 72,046 75,648 79,430 83,402
ICEA Engineering Technician 3 Hourly 40 32.1841 33.7933 35.4832 37.2572 39.1202 Bi-Weekly 2,574.73 2,703.46 2,838.65 2,980.58 3,129.62
Monthly 5,579 5,858 6,150 6,458 6,781
Annual 66,943 70,290 73,805 77,495 81,370
ICEA Finance Analyst 1 Hourly 45 36.4135 38.2341 40.1457 42.1529 44.2606 Bi-Weekly 2,913.08 3,058.73 3,211.65 3,372.23 3,540.85
Monthly 6,312 6,627 6,959 7,307 7,672
Annual 75,740 79,527 83,503 87,678 92,062
ATTACHMENT A-1

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

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024
ICEA Finance Technician 1 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Human Resources Specialist 0 Hourly 38 30.6327 32.1644 33.7726 35.4611 37.2341 Bi-Weekly 2,450.62 2,573.15 2,701.81 2,836.88 2,978.73
Monthly 5,310 5,575 5,854 6,147 6,454
Annual 63,716 66,902 70,247 73,759 77,447
ICEA Inclusion Specialist 1 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Information Technology Technician 1 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Janitor 1 Hourly 20 19.6404 20.6226 21.6538 22.7365 23.8736 Bi-Weekly 1,571.23 1,649.81 1,732.31 1,818.92 1,909.88
Monthly 3,404 3,575 3,753 3,941 4,138
Annual 40,852 42,895 45,040 47,292 49,657
ICEA Library Technician 1 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Maintenance Aide 4 Hourly 25 22.2216 23.3327 24.4995 25.7245 27.0106 Bi-Weekly 1,777.73 1,866.62 1,959.96 2,057.96 2,160.85
Monthly 3,852 4,044 4,247 4,459 4,682
Annual 46,221 48,532 50,959 53,507 56,182
ICEA Maintenance Lead Worker 2 Hourly 43 34.6587 36.3918 38.2115 40.1221 42.1284 Bi-Weekly 2,772.69 2,911.35 3,056.92 3,209.77 3,370.27
Monthly 6,008 6,308 6,623 6,955 7,302
Annual 72,090 75,695 79,480 83,454 87,627

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024
ICEA Maintenance Worker I 2 Hourly 31 25.7707 27.0591 28.4120 29.8327 31.3245 Bi-Weekly 2,061.65 2,164.73 2,272.96 2,386.62 2,505.96
Monthly 4,467 4,690 4,925 5,171 5,430
Annual 53,603 56,283 59,097 62,052 65,155
ICEA Maintenance Worker II 4 Hourly 40 32.1841 33.7933 35.4832 37.2572 39.1202 Bi-Weekly 2,574.73 2,703.46 2,838.65 2,980.58 3,129.62
Monthly 5,579 5,858 6,150 6,458 6,781
Annual 66,943 70,290 73,805 77,495 81,370
ICEA Office Specialist 3 Hourly 29 24.5288 25.7553 27.0433 28.3957 29.8154 Bi-Weekly 1,962.31 2,060.42 2,163.46 2,271.65 2,385.23
Monthly 4,252 4,464 4,688 4,922 5,168
Annual 51,020 53,571 56,250 59,063 62,016
ICEA Permit Technician 1 Hourly 37 29.8856 31.3798 32.9490 34.5966 36.3264 Bi-Weekly 2,390.85 2,510.38 2,635.92 2,767.73 2,906.12
Monthly 5,180 5,439 5,711 5,997 6,297
Annual 62,162 65,270 68,534 71,961 75,559
ICEA Planning Technician 0 Hourly 36 29.1567 30.6144 32.1452 33.7524 35.4399 Bi-Weekly 2,332.54 2,449.15 2,571.62 2,700.19 2,835.19
Monthly 5,054 5,307 5,572 5,850 6,143
Annual 60,646 63,678 66,862 70,205 73,715
ICEA Police Administrative Clerk 1 Hourly 28 23.9308 25.1274 26.3837 27.7029 29.0880 Bi-Weekly 1,914.46 2,010.19 2,110.69 2,216.23 2,327.04
Monthly 4,148 4,355 4,573 4,802 5,042
Annual 49,776 52,265 54,878 57,622 60,503
ICEA Police Records Clerk 0 Hourly 28 23.9308 25.1274 26.3837 27.7029 29.0880 Bi-Weekly 1,914.46 2,010.19 2,110.69 2,216.23 2,327.04
Monthly 4,148 4,355 4,573 4,802 5,042
Annual 49,776 52,265 54,878 57,622 60,503
ICEA Police Records Clerk/ Dispatcher 1 Hourly 32 26.4144 27.7351 29.1216 30.5779 32.1067 Bi-Weekly 2,113.15 2,218.81 2,329.73 2,446.23 2,568.54
Monthly 4,579 4,807 5,048 5,300 5,565
Annual 54,942 57,689 60,573 63,602 66,782

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

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

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2025-2026
Effective July 6, 2025
ICEA Accountant 1 Hourly 45 37.8702 39.7639 41.7519 43.8394 46.0313 Bi-Weekly 3,029.62 3,181.12 3,340.15 3,507.15 3,682.50
Monthly 6,564 6,892 7,237 7,599 7,979
Annual 78,770 82,709 86,844 91,186 95,745
ICEA Administrative Secretary 2 Hourly 37 31.0808 32.6346 34.2663 35.9798 37.7788 Bi-Weekly 2,486.46 2,610.77 2,741.31 2,878.38 3,022.31
Monthly 5,387 5,657 5,940 6,237 6,548
Annual 64,648 67,880 71,274 74,838 78,580
ICEA Assistant Planner 1 Hourly 45 37.8702 39.7639 41.7519 43.8394 46.0313 Bi-Weekly 3,029.62 3,181.12 3,340.15 3,507.15 3,682.50
Monthly 6,564 6,892 7,237 7,599 7,979
Annual 78,770 82,709 86,844 91,186 95,745
ICEA Building Inspector 1 Hourly 44 36.9466 38.7938 40.7337 42.7702 44.9087 Bi-Weekly 2,955.73 3,103.50 3,258.69 3,421.62 3,592.69
Monthly 6,404 6,724 7,061 7,414 7,784
Annual 76,849 80,691 84,726 88,962 93,410
ICEA Bus Driver 1 Hourly 33 28.1587 29.5668 31.0452 32.5976 34.2274 Bi-Weekly 2,252.69 2,365.35 2,483.62 2,607.81 2,738.19
Monthly 4,881 5,125 5,381 5,650 5,933
Annual 58,570 61,499 64,574 67,803 71,193
ICEA Code Enforcement Officer 1 Hourly 39 32.6548 34.2875 36.0019 37.8019 39.6918 Bi-Weekly 2,612.38 2,743.00 2,880.15 3,024.15 3,175.35
Monthly 5,660 5,943 6,240 6,552 6,880
Annual 67,922 71,318 74,884 78,628 82,559
ICEA Deputy City Clerk 0 Hourly 41 34.3077 36.0231 37.8240 39.7154 41.7010 Bi-Weekly 2,744.62 2,881.85 3,025.92 3,177.23 3,336.08
Monthly 5,947 6,244 6,556 6,884 7,228
Annual 71,360 74,928 78,674 82,608 86,738
ICEA Engineering Technician 3 Hourly 40 33.4716 35.1452 36.9024 38.7476 40.6851 Bi-Weekly 2,677.73 2,811.62 2,952.19 3,099.81 3,254.81
Monthly 5,802 6,092 6,396 6,716 7,052
Annual 69,621 73,102 76,757 80,595 84,625
ATTACHMENT A-2

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2025-2026
Effective July 6, 2025
ICEA Finance Analyst 1 Hourly 45 37.8702 39.7639 41.7519 43.8394 46.0313 Bi-Weekly 3,029.62 3,181.12 3,340.15 3,507.15 3,682.50
Monthly 6,564 6,892 7,237 7,599 7,979
Annual 78,770 82,709 86,844 91,186 95,745
ICEA Finance Technician 1 Hourly 36 30.3231 31.8394 33.4313 35.1029 36.8582 Bi-Weekly 2,425.85 2,547.15 2,674.50 2,808.23 2,948.65
Monthly 5,256 5,519 5,795 6,085 6,389
Annual 63,072 66,226 69,537 73,014 76,665
ICEA Human Resources Specialist 0 Hourly 38 31.8582 33.4510 35.1236 36.8798 38.7240 Bi-Weekly 2,548.65 2,676.08 2,809.88 2,950.38 3,097.92
Monthly 5,522 5,798 6,088 6,393 6,712
Annual 66,265 69,578 73,057 76,710 80,546
ICEA Inclusion Specialist 1 Hourly 37 31.0808 32.6346 34.2663 35.9798 37.7788 Bi-Weekly 2,486.46 2,610.77 2,741.31 2,878.38 3,022.31
Monthly 5,387 5,657 5,940 6,237 6,548
Annual 64,648 67,880 71,274 74,838 78,580
ICEA Information Technology Technician 1 Hourly 36 30.3231 31.8394 33.4313 35.1029 36.8582 Bi-Weekly 2,425.85 2,547.15 2,674.50 2,808.23 2,948.65
Monthly 5,256 5,519 5,795 6,085 6,389
Annual 63,072 66,226 69,537 73,014 76,665
ICEA Janitor 1 Hourly 20 20.4260 21.4471 22.5197 23.6457 24.8279 Bi-Weekly 1,634.08 1,715.77 1,801.58 1,891.65 1,986.23
Monthly 3,541 3,718 3,903 4,099 4,304
Annual 42,486 44,610 46,841 49,183 51,642
ICEA Library Technician 1 Hourly 29 25.5101 26.7856 28.1250 29.5313 31.0077 Bi-Weekly 2,040.81 2,142.85 2,250.00 2,362.50 2,480.62
Monthly 4,422 4,643 4,875 5,119 5,375
Annual 53,061 55,714 58,500 61,425 64,496
ICEA Maintenance Aide 4 Hourly 25 23.1106 24.2663 25.4798 26.7538 28.0913 Bi-Weekly 1,848.85 1,941.31 2,038.38 2,140.31 2,247.31
Monthly 4,006 4,206 4,417 4,637 4,869
Annual 48,070 50,474 52,998 55,648 58,430

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2025-2026
Effective July 6, 2025
ICEA Maintenance Lead Worker 2 Hourly 43 36.0452 37.8476 39.7399 41.7269 43.8135 Bi-Weekly 2,883.62 3,027.81 3,179.19 3,338.15 3,505.08
Monthly 6,248 6,560 6,888 7,233 7,594
Annual 74,974 78,723 82,659 86,792 91,132
ICEA Maintenance Worker I 2 Hourly 31 26.8014 28.1413 29.5486 31.0260 32.5774 Bi-Weekly 2,144.12 2,251.31 2,363.88 2,482.08 2,606.19
Monthly 4,646 4,878 5,122 5,378 5,647
Annual 55,747 58,534 61,461 64,534 67,761
ICEA Maintenance Worker II 4 Hourly 40 33.4716 35.1452 36.9024 38.7476 40.6851 Bi-Weekly 2,677.73 2,811.62 2,952.19 3,099.81 3,254.81
Monthly 5,802 6,092 6,396 6,716 7,052
Annual 69,621 73,102 76,757 80,595 84,625
ICEA Office Specialist 3 Hourly 29 25.5101 26.7856 28.1250 29.5313 31.0077 Bi-Weekly 2,040.81 2,142.85 2,250.00 2,362.50 2,480.62
Monthly 4,422 4,643 4,875 5,119 5,375
Annual 53,061 55,714 58,500 61,425 64,496
ICEA Permit Technician 1 Hourly 37 31.0808 32.6346 34.2663 35.9798 37.7788 Bi-Weekly 2,486.46 2,610.77 2,741.31 2,878.38 3,022.31
Monthly 5,387 5,657 5,940 6,237 6,548
Annual 64,648 67,880 71,274 74,838 78,580
ICEA Planning Technician 0 Hourly 36 30.3231 31.8394 33.4313 35.1029 36.8582 Bi-Weekly 2,425.85 2,547.15 2,674.50 2,808.23 2,948.65
Monthly 5,256 5,519 5,795 6,085 6,389
Annual 63,072 66,226 69,537 73,014 76,665
ICEA Police Administrative Clerk 1 Hourly 28 24.8880 26.1322 27.4389 28.8111 30.2514 Bi-Weekly 1,991.04 2,090.58 2,195.12 2,304.88 2,420.12
Monthly 4,314 4,530 4,756 4,994 5,244
Annual 51,767 54,355 57,073 59,927 62,923
ICEA Police Records Clerk 0 Hourly 28 24.8880 26.1322 27.4389 28.8111 30.2514 Bi-Weekly 1,991.04 2,090.58 2,195.12 2,304.88 2,420.12
Monthly 4,314 4,530 4,756 4,994 5,244
Annual 51,767 54,355 57,073 59,927 62,923

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2025-2026
Effective July 6, 2025
ICEA Police Records Clerk/ Dispatcher 1 Hourly 32 27.4712 28.8447 30.2870 31.8014 33.3913 Bi-Weekly 2,197.69 2,307.58 2,422.96 2,544.12 2,671.31
Monthly 4,762 5,000 5,250 5,512 5,788
Annual 57,140 59,997 62,997 66,147 69,454
ICEA Police Services Specialist 1 Hourly 41 34.3077 36.0231 37.8240 39.7154 41.7010 Bi-Weekly 2,744.62 2,881.85 3,025.92 3,177.23 3,336.08
Monthly 5,947 6,244 6,556 6,884 7,228
Annual 71,360 74,928 78,674 82,608 86,738
ICEA Recreation Assistant 0 Hourly 29 25.5101 26.7856 28.1250 29.5313 31.0077 Bi-Weekly 2,040.81 2,142.85 2,250.00 2,362.50 2,480.62
Monthly 4,422 4,643 4,875 5,119 5,375
Annual 53,061 55,714 58,500 61,425 64,496
ICEA Senior Bus Driver 1 Hourly 37 31.0808 32.6346 34.2663 35.9798 37.7788 Bi-Weekly 2,486.46 2,610.77 2,741.31 2,878.38 3,022.31
Monthly 5,387 5,657 5,940 6,237 6,548
Annual 64,648 67,880 71,274 74,838 78,580
ICEA Senior Center Assistant 1 Hourly 29 25.5101 26.7856 28.1250 29.5313 31.0077 Bi-Weekly 2,040.81 2,142.85 2,250.00 2,362.50 2,480.62
Monthly 4,422 4,643 4,875 5,119 5,375
Annual 53,061 55,714 58,500 61,425 64,496
ICEA Senior Center Leader/Bus Driver 1 Hourly 33 28.1587 29.5668 31.0452 32.5976 34.2274 Bi-Weekly 2,252.69 2,365.35 2,483.62 2,607.81 2,738.19
Monthly 4,881 5,125 5,381 5,650 5,933
Annual 58,570 61,499 64,574 67,803 71,193
ICEA Senior Center Specialist 1 Hourly 37 31.0808 32.6346 34.2663 35.9798 37.7788 Bi-Weekly 2,486.46 2,610.77 2,741.31 2,878.38 3,022.31
Monthly 5,387 5,657 5,940 6,237 6,548
Annual 64,648 67,880 71,274 74,838 78,580
ICEA Senior Code Enforcement Officer 1 Hourly 45 37.8702 39.7639 41.7519 43.8394 46.0313 Bi-Weekly 3,029.62 3,181.12 3,340.15 3,507.15 3,682.50
Monthly 6,564 6,892 7,237 7,599 7,979
Annual 78,770 82,709 86,844 91,186 95,745
ICEA Senior Recreation Leader 3 Hourly 19 19.9284 20.9250 21.9712 23.0697 24.2231 Bi-Weekly 1,594.27 1,674.00 1,757.69 1,845.58 1,937.85
Monthly 3,454 3,627 3,808 3,999 4,199
Annual 41,451 43,524 45,700 47,985 50,384

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2026-2027
Effective July 5, 2026
ICEA Accountant 1 Hourly 45 39.1957 41.1553 43.2130 45.3736 47.6423 Bi-Weekly 3,135.65 3,292.42 3,457.04 3,629.88 3,811.38
Monthly 6,794 7,134 7,490 7,865 8,258
Annual 81,527 85,603 89,883 94,377 99,096
ICEA Administrative Secretary 2 Hourly 37 32.1688 33.7774 35.4663 37.2399 39.1019 Bi-Weekly 2,573.50 2,702.19 2,837.31 2,979.19 3,128.15
Monthly 5,576 5,855 6,148 6,455 6,778
Annual 66,911 70,257 73,770 77,459 81,332
ICEA Assistant Planner 1 Hourly 45 39.1957 41.1553 43.2130 45.3736 47.6423 Bi-Weekly 3,135.65 3,292.42 3,457.04 3,629.88 3,811.38
Monthly 6,794 7,134 7,490 7,865 8,258
Annual 81,527 85,603 89,883 94,377 99,096
ICEA Building Inspector 1 Hourly 44 38.2399 40.1519 42.1596 44.2678 46.4813 Bi-Weekly 3,059.19 3,212.15 3,372.77 3,541.42 3,718.50
Monthly 6,628 6,960 7,308 7,673 8,057
Annual 79,539 83,516 87,692 92,077 96,681
ICEA Bus Driver 1 Hourly 33 29.1442 30.6014 32.1317 33.7385 35.4255 Bi-Weekly 2,331.54 2,448.12 2,570.54 2,699.08 2,834.04
Monthly 5,052 5,304 5,570 5,848 6,140
Annual 60,620 63,651 66,834 70,176 73,685
ICEA Code Enforcement Officer 1 Hourly 39 33.7976 35.4875 37.2620 39.1250 41.0813 Bi-Weekly 2,703.81 2,839.00 2,980.96 3,130.00 3,286.50
Monthly 5,858 6,151 6,459 6,782 7,121
Annual 70,299 73,814 77,505 81,380 85,449
ICEA Deputy City Clerk 0 Hourly 41 35.5087 37.2841 39.1486 41.1058 43.1611 Bi-Weekly 2,840.69 2,982.73 3,131.88 3,288.46 3,452.88
Monthly 6,155 6,463 6,786 7,125 7,481
Annual 73,858 77,551 81,429 85,500 89,775
ICEA Engineering Technician 3 Hourly 40 34.6433 36.3755 38.1942 40.1038 42.1091 Bi-Weekly 2,771.46 2,910.04 3,055.54 3,208.31 3,368.73
Monthly 6,005 6,305 6,620 6,951 7,299
Annual 72,058 75,661 79,444 83,416 87,587
ATTACHMENT A-3

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2026-2027
Effective July 5, 2026
ICEA Finance Analyst 1 Hourly 45 39.1957 41.1553 43.2130 45.3736 47.6423 Bi-Weekly 3,135.65 3,292.42 3,457.04 3,629.88 3,811.38
Monthly 6,794 7,134 7,490 7,865 8,258
Annual 81,527 85,603 89,883 94,377 99,096
ICEA Finance Technician 1 Hourly 36 31.3846 32.9538 34.6014 36.3317 38.1486 Bi-Weekly 2,510.77 2,636.31 2,768.12 2,906.54 3,051.88
Monthly 5,440 5,712 5,998 6,298 6,612
Annual 65,280 68,544 71,971 75,570 79,349
ICEA Human Resources Specialist 0 Hourly 38 32.9731 34.6216 36.3529 38.1707 40.0793 Bi-Weekly 2,637.85 2,769.73 2,908.23 3,053.65 3,206.35
Monthly 5,715 6,001 6,301 6,616 6,947
Annual 68,584 72,013 75,614 79,395 83,365
ICEA Inclusion Specialist 1 Hourly 37 32.1688 33.7774 35.4663 37.2399 39.1019 Bi-Weekly 2,573.50 2,702.19 2,837.31 2,979.19 3,128.15
Monthly 5,576 5,855 6,148 6,455 6,778
Annual 66,911 70,257 73,770 77,459 81,332
ICEA Information Technology Technician 1 Hourly 36 31.3846 32.9538 34.6014 36.3317 38.1486 Bi-Weekly 2,510.77 2,636.31 2,768.12 2,906.54 3,051.88
Monthly 5,440 5,712 5,998 6,298 6,612
Annual 65,280 68,544 71,971 75,570 79,349
ICEA Janitor 1 Hourly 20 21.1409 22.1981 23.3082 24.4736 25.6971 Bi-Weekly 1,691.27 1,775.85 1,864.65 1,957.88 2,055.77
Monthly 3,664 3,848 4,040 4,242 4,454
Annual 43,973 46,172 48,481 50,905 53,450
ICEA Library Technician 1 Hourly 29 26.4029 27.7231 29.1091 30.5644 32.0928 Bi-Weekly 2,112.23 2,217.85 2,328.73 2,445.15 2,567.42
Monthly 4,577 4,805 5,046 5,298 5,563
Annual 54,918 57,664 60,547 63,574 66,753
ICEA Maintenance Aide 4 Hourly 25 23.9192 25.1154 26.3712 27.6899 29.0745 Bi-Weekly 1,913.54 2,009.23 2,109.69 2,215.19 2,325.96
Monthly 4,146 4,353 4,571 4,800 5,040
Annual 49,752 52,240 54,852 57,595 60,475

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2026-2027
Effective July 5, 2026
ICEA Maintenance Lead Worker 2 Hourly 43 37.3067 39.1721 41.1308 43.1875 45.3471 Bi-Weekly 2,984.54 3,133.77 3,290.46 3,455.00 3,627.77
Monthly 6,467 6,790 7,129 7,486 7,860
Annual 77,598 81,478 85,552 89,830 94,322
ICEA Maintenance Worker I 2 Hourly 31 27.7394 29.1264 30.5827 32.1120 33.7178 Bi-Weekly 2,219.15 2,330.12 2,446.62 2,568.96 2,697.42
Monthly 4,808 5,049 5,301 5,566 5,844
Annual 57,698 60,583 63,612 66,793 70,133
ICEA Maintenance Worker II 4 Hourly 40 34.6433 36.3755 38.1942 40.1038 42.1091 Bi-Weekly 2,771.46 2,910.04 3,055.54 3,208.31 3,368.73
Monthly 6,005 6,305 6,620 6,951 7,299
Annual 72,058 75,661 79,444 83,416 87,587
ICEA Office Specialist 3 Hourly 29 26.4029 27.7231 29.1091 30.5644 32.0928 Bi-Weekly 2,112.23 2,217.85 2,328.73 2,445.15 2,567.42
Monthly 4,577 4,805 5,046 5,298 5,563
Annual 54,918 57,664 60,547 63,574 66,753
ICEA Permit Technician 1 Hourly 37 32.1688 33.7774 35.4663 37.2399 39.1019 Bi-Weekly 2,573.50 2,702.19 2,837.31 2,979.19 3,128.15
Monthly 5,576 5,855 6,148 6,455 6,778
Annual 66,911 70,257 73,770 77,459 81,332
ICEA Planning Technician 0 Hourly 36 31.3846 32.9538 34.6014 36.3317 38.1486 Bi-Weekly 2,510.77 2,636.31 2,768.12 2,906.54 3,051.88
Monthly 5,440 5,712 5,998 6,298 6,612
Annual 65,280 68,544 71,971 75,570 79,349
ICEA Police Administrative Clerk 1 Hourly 28 25.7591 27.0471 28.3995 29.8197 31.3106 Bi-Weekly 2,060.73 2,163.77 2,271.96 2,385.58 2,504.85
Monthly 4,465 4,688 4,923 5,169 5,427
Annual 53,579 56,258 59,071 62,025 65,126
ICEA Police Records Clerk 0 Hourly 28 25.7591 27.0471 28.3995 29.8197 31.3106 Bi-Weekly 2,060.73 2,163.77 2,271.96 2,385.58 2,504.85
Monthly 4,465 4,688 4,923 5,169 5,427
Annual 53,579 56,258 59,071 62,025 65,126

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

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2026-2027
Effective July 5, 2026
ICEA Police Records Clerk/ Dispatcher 1 Hourly 32 28.4327 29.8543 31.3471 32.9144 34.5601 Bi-Weekly 2,274.62 2,388.35 2,507.77 2,633.15 2,764.81
Monthly 4,928 5,175 5,434 5,705 5,990
Annual 59,140 62,097 65,202 68,462 71,885
ICEA Police Services Specialist 1 Hourly 41 35.5087 37.2841 39.1486 41.1058 43.1611 Bi-Weekly 2,840.69 2,982.73 3,131.88 3,288.46 3,452.88
Monthly 6,155 6,463 6,786 7,125 7,481
Annual 73,858 77,551 81,429 85,500 89,775
ICEA Recreation Assistant 0 Hourly 29 26.4029 27.7231 29.1091 30.5644 32.0928 Bi-Weekly 2,112.23 2,217.85 2,328.73 2,445.15 2,567.42
Monthly 4,577 4,805 5,046 5,298 5,563
Annual 54,918 57,664 60,547 63,574 66,753
ICEA Senior Bus Driver 1 Hourly 37 32.1688 33.7774 35.4663 37.2399 39.1019 Bi-Weekly 2,573.50 2,702.19 2,837.31 2,979.19 3,128.15
Monthly 5,576 5,855 6,148 6,455 6,778
Annual 66,911 70,257 73,770 77,459 81,332
ICEA Senior Center Assistant 1 Hourly 29 26.4029 27.7231 29.1091 30.5644 32.0928 Bi-Weekly 2,112.23 2,217.85 2,328.73 2,445.15 2,567.42
Monthly 4,577 4,805 5,046 5,298 5,563
Annual 54,918 57,664 60,547 63,574 66,753
ICEA Senior Center Leader/Bus Driver 1 Hourly 33 29.1442 30.6014 32.1317 33.7385 35.4255 Bi-Weekly 2,331.54 2,448.12 2,570.54 2,699.08 2,834.04
Monthly 5,052 5,304 5,570 5,848 6,140
Annual 60,620 63,651 66,834 70,176 73,685
ICEA Senior Center Specialist 1 Hourly 37 32.1688 33.7774 35.4663 37.2399 39.1019 Bi-Weekly 2,573.50 2,702.19 2,837.31 2,979.19 3,128.15
Monthly 5,576 5,855 6,148 6,455 6,778
Annual 66,911 70,257 73,770 77,459 81,332
ICEA Senior Code Enforcement Officer 1 Hourly 45 39.1957 41.1553 43.2130 45.3736 47.6423 Bi-Weekly 3,135.65 3,292.42 3,457.04 3,629.88 3,811.38
Monthly 6,794 7,134 7,490 7,865 8,258
Annual 81,527 85,603 89,883 94,377 99,096
ICEA Senior Recreation Leader 3 Hourly 19 20.6260 21.6572 22.7399 23.8769 25.0707 Bi-Weekly 1,650.08 1,732.58 1,819.19 1,910.15 2,005.65
Monthly 3,575 3,754 3,942 4,139 4,346
Annual 42,902 45,047 47,299 49,664 52,147

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Item #19.H.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Amendment No. 3 with PlaceWorks, Inc.

City Manager's Recommendation:

That the City Council approve the attached contract Amendment No. 3 with PlaceWorks, Inc. for the preparation of an Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 13620 Live Oak Lane, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, Community Development Director
Prepared by:

Brandi Jones, Senion Planner
Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On October 26, 2022, the City Council approved an Agreement for Professional Contract Services with Placeworks, Inc. (“Contract”) for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for a proposed project at 13620 Live Oak Lane. The project includes a Specific Plan to develop an industrial business park with up to three (3) industrial buildings and an optional Battery Energy Storage System (BESS) operation.

The Contract stated that the Consultant shall commence the service upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance”, in no event to exceed October 23, 2023. However, due to the multiple factors such as additional analyses for transportation and air quality/GHG, Specific Plan revisions, site plan revisions, and additional cumulative project analysis, the timeline to complete the project has been delayed and the term of the contract needs to be extended in order for the Consultant to complete its services under the Contract.

On December 13, 2023, the City Council approved the first amendment to the contract to grant a time extension and complete the following additional task beyond the original scope:
• EIR revisions to reflect changes in the Project Description (addition of 15,000 SF office space). • Updated graphics to reflect Specific Plan changes.
• Updated technical analyses to reflect project changes, including traffic study, air quality/GHG and Health Risk Assessment modeling.
• Response to applicant and City legal comments on the Screencheck EIR. • Attendance at additional meetings as requested by applicant. • Additional project management efforts related to an extension of project schedule and ongoing project changes.

The original contract was approved for $409,540.00 and the first amendment added an additional cost of $41,206.00, for a new contract totaling $450,746.00.

On May 8, 2024, the City Council approved the second amendment to the contract for an additional $56,690.00. The amendment was for additional budget to complete tasks that were out of scope of the

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existing Contract:
• An additional iteration of EIR review/revisions compared to contract scope of work. • Substantially greater volume and detail of EIR review comments (Applicant, City, and City Council) in comparison to approved scope of work.
• An approximate 3-month schedule extension (beyond PlaceWorks’ control) resulting in additional Project Management effort.

The original contract was approved for $409,540.00 and the first amendment added an additional cost of $41,206.00, totaling $450,746.00. The second amendment added an additional $56,690.00, for a new contract totaling $507,436.00.

A third amendment to the original Contract has been requested to complete additional out of scope tasks:
• Administrative FEIR (Response to Comments and Revisions to Draft EIR) The City received comments on the Draft EIR from seven public agencies and two organizations.

Comments from the California Air Resources Board (CARB), South Coast Air Quality Management District, the Advocates from the Environment, and comments from Blum, Colins & Ho, LLP (representing the Golden State Environmental Justice Alliance), including the attachment from Soil/Water/Air Protection Enterprise (SWAPE) were verbose and highly technical in nature and required additional time from PlaceWorks air quality, greenhouse gas (GHG), and health risk technical experts to review and respond that exceeded the hours forecast in our original proposal. Response to comment efforts required review of modeling prepared and provided by commenters, further technical substantiation and support of modeling inputs to address disagreements between experts, and review of and response to each of the additional mitigation measures suggested by commenters. • Screencheck FEIR
Additional fees for this task are requested for the following:
• Update the FEIR to reflect an updated drainage plan and hydrology report • Respond to applicant/City review comments on the AQMD draft response to comments. • Revise/update FEIR to respond to City legal comments. •
The third amendment will add an additional $34,990.00, totaling $542,428.00.

Fiscal Impact:

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The entire cost for this consultant’s work will be covered by the Applicant/Developer, KP Irwindale Owner, LLC. The City's General Fund will not be impacted. The applicant has agreed to reimburse the City 100% of all costs and expenses incurred by the City by providing a deposit account pursuant to the reimbursement between the City and KP Irwindale Owner, LLC.

The associated Project Reimbursement Agreement will be reviewed and approved by the City Manager per Resolution No. 2024-41-3518.

Attachments:

1. PlaceWorks Contract Services Agreement PlaceWorks Amendment No. 3(1031308.1)

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01005.0005/1031308.1
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF IRWINDALE AND PLACEWORKS, INC. (PLACEWORKS)
THIS AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT (herein “Amendment No. 3”) is made and entered into this 13th day of November 2024, by and between the City of Irwindale, a California municipal corporation (“City”), and PlaceWorks, Inc., a California corporation (“Consultant” or “PlaceWorks”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. The City and Consultant entered into that certain Contract Services Agreement (herein “Agreement”) dated October 26, 2022, for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the future buildout of up to three (3) speculative industrial buildings and an optional battery energy storage system, as those terms are defined in the Agreement.

B. The Agreement established a Contract Sum of FOUR HUNDRED AND NINE THOUSAND AND FIVE HUNDRED AND FORTY DOLLARS ($409,540.00).

C. Pursuant to Section 1.9 of the Agreement, any increase in compensation up to ten percent (10%) of the Contract Sum or $25,000 may be approved by the Contract Officer. Any increase in compensation exceeding $25,000 must be approved by the City Council. The City Council has approved this amendment to the Agreement pursuant to Section 1.9.

D. On December 13, 2023, the Parties entered into Amendment No. 1 to the Agreement, and established a maximum Contract Sum $450,746.00.

E. On May 8, 2024, the Parties entered into Amendment No. 2 to the Agreement, and established a maximum Contract Sum $507,436.00.

F. By this Amendment No. 3, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 2.1 of the Agreement to increase in the Contract Sum from $507,438.00 to $542,428.00.

G. By this Amendment No. 3, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 3.2 of the Agreement to account for a revised Schedule of Performance.

NOW, THEREFORE, the parties hereto agree as follows:

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01005.0005/1031308.1

1. Section 2.1 of the Agreement, entitled “Contract Sum” shall be amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FOUR HUNDRED AND NINE THOUSAND AND FIVE HUNDRED AND FORTY DOLLARS ($409,540.00) FOUR HUNDRED AND FIFTY THOUSAND AND SEVEN HUNDRED AND FORTY-SIX DOLLARS ($450,746.00)

FIVE HUNDRED AND SEVEN THOUSAND, FOUR HUNDRED AND THIRTY EIGHT DOLLARS ($507,438.00) FIVE HUNDRED AND FORTY TWO
THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($542,428.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. Section 3.2 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“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”, dated November 20, 2023 dated May 2, 2024, dated September 16, 2024 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 one hundred eighty (180) days cumulatively.”

3. Exhibit “A” to the Agreement is hereby amended to incorporate Amendment No. 3 to the Scope of Services, attached hereto as Exhibit “A.” Whenever the term “Scope of Services” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 3 to the Scope of Services.

4. Exhibit “B” to the Agreement entitled “Special Requirements” shall remain unchanged.

5. Exhibit “C” of the Agreement entitled “Schedule of Compensation” shall be substituted and superseded in its entirety with the “Schedule of Compensation contained in Exhibit “C” attached hereto.

6. Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety by the “Schedule of Performance/Timeline” dated September 16, 2024, contained in Exhibit “D” attached hereto.

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01005.0005/1031308.1

7. Full Force and Effect. Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 3.

8. Corporate Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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01005.0005/1031308.1
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
Albert F. Ambriz, Mayor
ATTEST:

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

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

PLACEWORKS, INC., a California
corporation
By:

Name: Keith McCann
Title: CEO
Address: 3 MacArthur Place,
Suite 1100
Santa Ana, CA 92707
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.

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01005.0005/1031308.1
EXHIBIT "A"
AMENDMENT NO. 3 SCOPE OF SERVICES
November 13, 2024
The following scope of work details the additional work covered in this contract amendment and is organized per the tasks in our original approved contract with the City dated October 26, 2022 (proposal updated August 31, 2022, and amended November 23, 2023 and April 15, 2024). Table 1, Cost Estimate details the additional fees requested in this amendment as well as summarizing the contract amounts by task for the original contract and Contract Amendments approved to-date. The out-of-scope tasks included in this 3rd Contract Amendment request are detailed below.

SCOPE OF WORK
TASK 1. PROJECT INITIATION
This task has been completed and no additional fees are requested.

Task 2. NOTICE OF PREPARATION AND SCOPING MEETING
Task 2.1 Notice of Preparation
This task has been completed and no additional fees are requested.

Task 2.2 Scoping Meeting
This task has been completed and no additional fees are requested.

TASK 3. DRAFT EIR
Task 3.1 Administrative DEIR
This task has been completed and no additional fees are requested.

Task 3.2 Screencheck DEIR
This task has been completed and no additional fees are requested.

Task 3.3 Public Review DEIR
This task has been completed and no additional fees are requested.

Task 4. FINAL EIR

4.1 Administrative FEIR (Response to Comments and Revisions to Draft EIR)

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01005.0005/1031308.1
The City received comments on the Draft EIR from seven public agencies and two organizations. Comments from the California Air Resources Board (CARB), South Coast Air Quality Management District, the Advocates from the Environment, and comments from Blum, Colins & Ho, LLP (representing the Golden State Environmental Justice Alliance), including the attachment from Soil/Water/Air Protection Enterprise (SWAPE) were verbose and highly technical in nature and required additional time from PlaceWorks air quality, greenhouse gas (GHG), and health risk technical experts to review and respond that exceeded the hours forecast in our original proposal. Response to comment efforts required review of modeling prepared and provided by commenters, further technical substantiation and support of modeling inputs to address disagreements between experts, and review of and response to each of the additional mitigation measures suggested by commenters.

4.2 Screencheck FEIR
Additional fees for this task are requested for the following:
▪ Update the FEIR to reflect an updated drainage plan and hydrology report ▪ received by the applicant.
▪ Respond to applicant/City review comments (pending receipt) on the AQMD draft ▪ response to comments.
▪ Revise/update FEIR to respond to City legal comments (pending receipt of comments).

4.3 Mitigation Monitoring and Reporting Program
This task has been initiated and there is no change to the cost estimate.

4.4 Findings of Facts and Statement of Overriding Considerations This task has been initiated and there is no change to the cost estimate.

4.5 Notice of Determination
This task has not been initiated and there is no change to the cost estimate.

TASK 5. CITY STAFF COORDINATION MEETINGS, COMMUNITY MEETING, AND

PUBLIC HEARINGS
There are no requested changes to the City staff coordination meetings and related budget.

Our cost estimate for public hearings is based on attendance at two public hearings by JoAnn Hadfield. Given the complexity and scale of the technical comments received

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01005.0005/1031308.1
regarding air quality, GHG and health risks, we have added hours for John Vang, AQ/GHG/HRA specialist, to also participate in two hearings.

TASK 6. PROJECT MANAGEMENT
No additional fees are requested for project management. Contract amendment No. 2 assumed project approval in September 2024. We are still anticipating that the project will go to public hearings in September.

TASK 7. PLACEWORKS TECHNICAL STUDIES

7.1 Air Quality and Greenhouse Gas Emissions Analyses
No changes are required to this task.

7.2 Energy
No changes are required to this task.

7.3 Construction Health Risk Assessment
No changes are required to this task.

7.4 Operational Health Risk Assessment
No changes are required to this task.

7.5 Cultural and Paleontological Records Search
No changes are required to this task.

7.6 Noise and Vibration Analysis
No changes are required to this task.

TASK 8. TRAFFIC IMPACT ANALYSIS: ITERIS

8.1 Project Management, Project Initiation, Scope Refinement, and Data Collection There are no changes to this task.

8.2 Traffic Analysis
There are no changes to this task.

8.3 CEQA Analysis

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01005.0005/1031308.1
There are no changes to this task.

8.4 Response to Comments
There are no changes to this task.

8.5 Revised Land Use – Add On
There are no changes to this task.

TASK 9. TECHNICAL STUDIES PEER REVIEW

9.1 Phase I Environmental Site Assessment and Geotechnical Study No changes are required to this task.

9.2 Hydrology and Water Quality
No additional fees are required for this task.

9.3 Sewer and Utility Studies
No additional fees are required for this task.

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01005.0005/1031308.1
EXHIBIT "C"

SCHEDULE OF COMPENSATION

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01005.0005/1031308.1

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01005.0005/1031308.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
IRWINDALE GATEWAY – Environmental Completion Schedule
December 12, 2023, w/updates 4/12/24, 6/18/24, 8/15/24, 9/16/24

TASK DESCRIPTION DURATION ANTICIPATED

COMPLETION (AS
OF 12/23)

COMPLETION OR

ANTICIPATED

COMPLETION
(AS OF 6/18/24,
8/15/24, 9/16/24)

ADDITIONAL
WEEKS
COMPLETE 2ND Screencheck EIR
Modeling updates 3 weeks 12/13/23 12/13/24 0
Air Quality/GHG/Health
Risk Updates Updated EIR text (reflecting
modeling/SP plan updates &
review comment changes)
1 week 12/13/23-
12/20/23
12/13/24 0
Traffic Study Update
(Iteris)
Update for +15K SF 2+ weeks 12/12/23 1/12/24 4 weeks
Update EIR text &
graphics
Updates to reflect tech
updates, Specific Plan update
incl +15K SF office, and City
planning, applicant and City
legal review comments.

Complete project alternatives
2+ weeks
after tech
updated
completed
1/2/24
(Placeworks off
Christmas week)
On schedule
Submit 2nd SCEIR to City Complete formatting/editing,
submit full EIR
1 week 1/8/24 1/17/24 1+ week
CITY/APPLICANT Review/PlaceWorks Revise
City/Applicant Review
2 nd SCEIR
Review and provide comments
on 2nd SCEIR
2 weeks 1/22/24 Applicant comments
rec’d 2/1/24
City planning 2/16/24,
3/28/24
City legal 3/21, 3/26,
4/10/24
+11 wks
PlaceWorks Revise
Revise/update per
City/applicant comments
1 week 1/29/24 4/19/24 Ongoing from
receipt of
comments.
+10 weeks
from original
Prepare Public Draft EIR City approve as Draft EIR,
PlaceWorks finalize & prepare
mailing & notices
1 week 2/5/24 4/26/24 5/10/24 No change in
duration (1
week)

PUBLIC REVIEW

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01005.0005/1031308.1
IRWINDALE GATEWAY – Environmental Completion Schedule
December 12, 2023, w/updates 4/12/24, 6/18/24, 8/15/24, 9/16/24

TASK DESCRIPTION DURATION ANTICIPATED

COMPLETION (AS
OF 12/23)

COMPLETION OR

ANTICIPATED

COMPLETION
(AS OF 6/18/24,
8/15/24, 9/16/24)

ADDITIONAL
WEEKS
45-Day Public Review
Period 45-day public review
City and Applicant Review
45 days 2/5/24 - 3/24/24 4/29/24-6/13/24
5/13/24-6/27/24
No change in
duration

FINAL EIR & MMRP/FOF
Prepare Response to
Comments 3 weeks
3/25/24 - 4/15/24 6/13/24-7/4/24
6/27/24-7/17/24
No change in
duration
RTC to AQMD letter
2 weeks
7/24/24-8/7/24 7/24/24-8/7/24 Addtn’l prep
time due to , ,
9/12/29/16/2
4receipt of
late letter
MMRP
1 week
4/8/24-4/15/24 6/27/24-7/4/24
7/11/24-7/17/24
7/11/24-9/12/24
Draft
submitted to
City 9/12/24
Admin Final EIR
Draft FOF/SOC
1 week
4/8/24-4/15/24 6/27/24-7/4/24
7/11/24-7/17/24
7/11/24-9/12/24
Draft
submitted to
City 9/12/24
City/Applicant Review FEIR,
MMRP and FOF/SOC
2 weeks 4/16/24-4/30/24 7/5/24-7/19/24
7/18/24-7/31/24
7/18/24-8/30/24
7/18/24-9/27/24
Extension for
AQMD
response and
review, City
legal review
PlaceWorks revise per
City/applicants final review
comments and final format
1 week - 9/30/24-10/4/24 Assumes
minimal
comments
from City
(legal) &
applicant
review
City Review FEIR
/PlaceWorks Revise
Notice Commenting Public
Agencies (10 days before
hearings)
10 days 5/1/24-5/10/24 7/20/24-7/30/24
7/31/24-8/10/24
9/7/24-9/16/24
10/7/24-10/17/24
No change in
duration

PUBLIC HEARINGS

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01005.0005/1031308.1
IRWINDALE GATEWAY – Environmental Completion Schedule
December 12, 2023, w/updates 4/12/24, 6/18/24, 8/15/24, 9/16/24

TASK DESCRIPTION DURATION ANTICIPATED

COMPLETION (AS
OF 12/23)

COMPLETION OR

ANTICIPATED

COMPLETION
(AS OF 6/18/24,
8/15/24, 9/16/24)

ADDITIONAL
WEEKS
Planning Commission Public Hearing (3rd
Wednesday)
1 day 5/15/24 August 21, 2024
11/20/24 (earlier if
scheduling possible)
No change in
duration
City Council Public Hearing (2nd & 4th
Wednesday)
1 day 6/12/24 September 11, 2024
12/11/24 (earlier if
scheduling possible)
No change in
duration

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Item #19.I.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Request to approve the parade permit and a Fee Waiver for the procession or parade license fee for the “Our Lady of Guadalupe Church Fiesta” procession being held by Our Lady of Guadalupe Church on December 7- 8, 2024
City Manager's Recommendation:

That the City Council adopt Resolution No. 2024-96-3573 entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PARADE PERMIT AND A FEE WAIVER FOR THE PROCESSION LICENSE FEE FOR THE OUR LADY OF GUADALUPE CHURCH FIESTA ON DECEMBER 7-8, 2024."
Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Jeff Tyler, Acting Associate Planner Electronically Approved Reviewed by:

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

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Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Our Lady of Guadalupe Church is requesting a fee waiver. Our Lady of Guadalupe Church plans to have their annual “Our Lady of Guadalupe Church Fiesta” taking place on Saturday, December 7, 2024 and Sunday, December 8, 2024, which will include a procession honoring Our Lady of Guadalupe which is a multicultural community event that traces its roots back to the 16th Century in what is now modern day Mexico City. The procession while honoring Our Lady of Guadalupe also honors and incorporates Aztec and European symbolism, is a free community event open to the public that will be held on Sunday, December 8, 2024 from 8:00 a.m. – 11:00 p.m. The procession will start at Our Lady of Guadalupe Church, 16025 E. Cypress Street at 8:00 a.m. and will end at Our Lady of Guadalupe Church at 11:00 p.m.

The original procession route submitted by the applicant included a route through a residential area and after meeting with City staff the procession route has been revised as follows to address safety concerns. Participants will gather at the starting point, Our Lady of Guadalupe Church. The route of the event will be to head west on Cypress Street to Irwindale Avenue where the procession will turn right heading north on Irwindale Avenue until reaching Calle De Paseo. At Calle De Paseo, the procession will turn right heading east and then turn left on the service road in front of City Hall. At the service road, the procession will head north to Calle De Norte. At Calle De Norte, the procession will turn left heading west to Irwindale Avenue. At Irwindale Avenue, the procession will turn left and head south to Cypress Street. At Cypress Street, the procession will turn left heading east where the procession will return to Our Lady of Guadalupe Church. The procession for this event will include two pick-up trucks carrying religious images, churros, dancers and approximately 1,000 participants who will be walking in the nonreligious procession. Traffic control services for the procession will be provided by So Cal Elite Traffic, Inc. All religious ceremonies will take place onsite at Our Lady of Guadalupe Church, which is unrelated to the procession for which the fee waiver is sought.

In order for Our Lady of Guadalupe Church to host this multicultural community event, the City of Irwindale requires a Special Event Permit, a Parade Permit and a Procession or Parade License, which includes a fee of $5,044.00. Our Lady of Guadalupe Church has paid the required Special Event Permit application of $150.00 and this permit will be issued prior to the event date.

On November 6, 2024, the Church submitted a Fee Waiver request for the Parade or Procession License fee of $5,044.00 to make this event possible.

The applicant’s request to waive the Parade/Procession fees meets the criteria for consideration of a fee waiver according to the City of Irwindale’s Fee Adjustment Policy. The Policy encourages investment in community events, as well as development and improvements to facilities used by local, not-for-profit or charitable organizations which cater to the residents and businesses of the City.

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In accordance with the approved "City of Irwindale Fee Adjustment Policy," this event qualifies for a fee waiver according to Section I, subsection H, "Any other fee the City may deem necessary to achieve the stated goals of this Policy" and Section II, subsection (2) (a), as this event will "Benefit the community.” The Church is a non-profit organization and the procession provides a public benefit by supporting cultural, civic and community peace and understanding.

Fiscal Impact:

The approval of this item will result in a total fee waiver of $5,044.00.

Attachments:

1. Resolution 2024-96-3573 (Attachment A)

2. Fee Waiver Request Letter (Attachment B)

3. Special Event Permit Application (SEP 11-2024) (Attachment C)

4. City of Irwindale Fee Adjustment Policy and Application for Fee Adjustment (Attachment D & E)

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Resolution No. 2024-96-3573

Page 1 ends

RESOLUTION NO. 2024-96-3573

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING THE PARADE PERMIT AND A FEE WAIVER FOR THE

PROCESSION LICENSE FEE FOR THE OUR LADY OF GUADALUPE
CHURCH FIESTA ON DECEMBER 7-8, 2024
WHEREAS, Our Lady of Guadalupe Church, the Applicant, submitted a Special Event Permit application to the Community Development Department on September 12, 2024 for the City of Irwindale’s (“City”) approval of a special event “SEP 11-2024 Our Lady of Guadalupe Church Fiesta” taking place on Saturday, December 7, 2024 and Sunday, December 8, 2024; and WHEREAS, the Fiesta is a multicultural community event that traces its roots back to the 16th Century in what is now modern day Mexico City. The procession, while honoring Our Lady of Guadalupe, also honors and incorporates Aztec and European symbolism and incorporates a procession. The Applicant is required under Irwindale Municipal Code (IMC) Section 10.44.080 “Parade Permit Requirements” to have City Council approval of a parade or procession permit; and
WHEREAS, the Applicant, being a non-profit community based organization within the City is holding a community event which qualifies for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy;" and
WHEREAS, the procession for this event will include two pick-up trucks carrying religious images, churros, dancers and approximately 1,000 participants who will be walking in the nonreligious procession, and all religious ceremonies will take place onsite at Our Lady of Guadalupe Church, which is unrelated to the procession for which the fee waiver is sought; and WHEREAS, the event qualifies for and the City Council desires to waive the $5,044.00 Procession fee in accordance with the City of Irwindale Fee Adjustment Policy because the Church is a non-profit organization and the procession provides a public benefit by supporting cultural, civic and community peace and understanding.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS
FOLLOWS:

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Resolution No. 2024-96-3573

Page 2 ends

SECTION 1. The City Council hereby approves the issuance of a parade permit for the special event “SEP 11-2024 Our Lady of Guadalupe Church Fiesta” procession taking place on December 7-8, 2024.

SECTION 2. The City Council finds that waiving the Procession License fee of $5,044.00 for this special event “SEP 11-2024 Our Lady of Guadalupe Church Fiesta” includes a procession that serves a valid public purpose of providing a public benefit to the community by supporting civic and community peace and understanding.

SECTION 3. Based on the above finding, the City Council hereby approves the City of Irwindale Application for Fee Adjustment and hereby waives the Procession License fee of $5,044.00.

SECTION 4. 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 13th day of November 2024. _____________________________
Albert Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Resolution No. 2024-96-3573

Page 3 ends

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. 2024-96-3573 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 13th day of November 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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Our Lady Of (juada{uye Catlio{ic Cliurcli
Irwinda[e, Ca[if ornia
A Roman Catholic Christian Community of Faith, Worship and Service November 6th, 2024
RE: Our Lady of Guadalupe Church Fiesta
December 7th and 8th, 2024
Hello Randy,
First, I want to thank you and the city for all the support that we had received in the past to Our Lady of Guadalupe Catholic Church.

Also, I want to thank you in the name of Our church Communication and for information about our request for our annual fiesta in honor to Our Lady of Guadalupe.

The Fiesta is un event to raise funds for the needs of the church - As you know we depend basically in the donations from our parishioners, lately after the pandemic, these donations decreased, so we need to do specials events so we can alleviate the cost of maintenance and repairs.

For this reason, I am requesting to you the possibility of a waive the fee of $5,044.00 - because we are not really a business, but a nonprofit organization, in the name of the community of Our Lady of Guadalupe, we appreciate all the attention you are giving to our request.

Business Manager
Our Lady of Guadalupe church
16025 East Cypress Street, Irwindale,· California 91706 Website: olgirwindale.org • Tel: 626.962.3649 Ext. 221 • Fax: 626.337.3318 Attachment B

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5050 N. Irwindale Avenue, Irwindale, California 91706
(626) 430-2278
September 17, 2024
TO: Review Departments:
[X] City Manager [ ] Economic Development
[X] Assistant City Manager [X] Police Department
[X] Code Enforcement [X] Fire Department (Azusa)
[X] Community Development [X] Business License
[X] Engineering/Building [X] Human Resources
[X] Public Services [ ] Parks/Recreation
FROM: Randy Silva, Code Enforcement Officer
RE: Special Event Permit Comment and Routing Sheet for “Our Lady of Guadalupe Church Fiesta”
Please review and respond to the attached application concerning the following Special Event Permit:

Special Event Permit No. 11-2024 – Our Lady of Guadalupe Church plans to have the “Our Lady of Guadalupe Church Fiesta”. The event will include a procession that will start at the Church, make a right on Irwindale Avenue, a right on Calle De Paseo, a left on the service road in front of City Hall, a left onto Calle Del Norte, then make a left on Irwindale Avenue and a left on Cypress Street to finish at OLG Church. This event will also include vendor/ticket booths for church ministries to sell food, a stage with live music, carnival rides and there will be no outside vendors.

Horses will not partake in the procession this year. The event will be held on Saturday, December 7, 2024, from 8:00AM – 11:00PM and Sunday, December 8, 2024, from 8:00 AM – 11:00 PM at Our Lady of Guadalupe Church, 16025 E. Cypress Street. The applicant expects an attendance of 1,000 people. A copy of the application is attached.

Please return your comments by Thursday, October 17, 2024. If you have any questions, feel free to contact me:

Phone: 626-430-2278
E-mail: [email protected]
Attachment C

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Attachment D

Page 193 of 364 ends

a.
b.

Benefit the community. This includes, but is not limited to, circumstances where the applicant:

1. Supports civic or community programs for the City's residents, or businesses;

11. Provides financial assistance to the City's residents or businesses; or 111. Improves the condition of property or availability of affordable housing within the City.

Provide a public service or otherwise promote the public health, safety and welfare. This includes, but is not limited to, circumstances where the individual or entity provides needed donations or other assistance to residents and businesses of the City in areas such as:

1. health care;

11. counseling services;
m. abatement of dangerous or unhealthful living or working conditions, including but not lin1ited to those constituting violations of the Irwindale Municipal Code;
1v. affordable housing;
v. trnnsportation needs ofresidents or employees; or
v1. nutrition needs ofresidents.

III. PROCESS FOR CONSIDERATION
An individual or organization wishing to be considered for a fee waiver or adjustment should complete a fee adjustment application and submit it to the Deputy City Clerk. The City Manager will review the request and, if it meets the criteria of this Policy, agendize the item for City Council review and consideration under the guidelines of this Policy. If the City Council finds that all the requirements have been met, the waiver will be granted and processed along with the pen11it application. Alternatively, the City Council may reduce such fee in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any fee waiver or reduction shall be final.
2 35853 vi

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City of Irwindale
Application for Fee Adjustment
Property Owner __________________________ _
Address ------------------------------
Phone -------------------------------
Location of property to be improved/developed:---------------- Name and description of organization (if applicable):

Improvement or development to the property:

Fee(s) requesting to be waived:

Public purpose served by improvement or development (attach documents that establish the benefit to the community or the promotion of the public health, safety, and welfare, or the public service that will be provided):
16025 E. Cypress Street, Irwindale CA 91706
Our Lady of Guadalupe Church
(626) 962 -3649
License fee for a parade or procession $5,044.00.

Our Lady of Guadalupe Church
Attachment E

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Item #19.J.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Safe, Clean Water Program Transfer Agreement No. 2024MP37 for the Municipal Program to Continue Receiving Measure W Funds City Manager's Recommendation:

That the City Council (1) approve Safe, Clean Water Program Transfer Agreement No. 2024MP37 for the Municipal Program between the City of Irwindale and the Los Angeles County Flood Control District in order to continue receiving Measure W Funds subject to City Attorney approval as to form; and (2) approve Resolution No. 2024-94-3571 entitled, “A Resolution of the City Council of the City of Irwindale Approving Continued Participation in the Safe, Clean Water Program and Authorizing the Mayor to Execute the Transfer Agreement with Los Angeles County Flood Control District.” Administrative Action:

Submitted by:

Eddie Chan, Director of Engineering / Building Official Luis Pimentel, Associate Engineer
Reviewed by:

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

Page 196 of 364 ends

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On November 6, 2018, Los Angeles County voters passed the Safe, Clean Water Program (Measure W), which provides local, dedicated funding for stormwater and urban runoff to increase local water supply, improve water quality, and protect public health by implementing a parcel tax of 2.5% per square foot of impermeable area, surfaces covered by hardscape-like materials such as concrete and asphalt. The funding for this program is divided into the following three groups: The District Program, The Regional Program and the Municipal Program. The District Program is responsible for the administration of the Safe, Clean Water Program and 10% of the funding collected will be provided to the Los Angeles County Flood Control District (LACFCD) in order to oversee all three programs. The Regional Program will receive 50% of the funding collected and consists of nine watershed area steering committees (WASC) that are comprised of representatives from cities, agencies, and community stakeholders. WASC is responsible for reviewing and approving projects that meet criteria such as multi-regional benefits, infrastructure, technical resources, and scientific studies. The Municipal Program will receive 40% of the funding collected and provides cities with direct funding from revenues generated within their boundaries to address Stormwater and Urban Runoff challenges by developing and constructing projects that provide water quality benefit and collection, and maintain these projects
On July 22, 2020, the City Council approved initial Transfer Agreement No. 2020MP37 with LACFCD, enabling the City to receive its share of Municipal Program funds annually beginning with FY 2020-2021 and expiring at end of FY 2023-2024. With the expiration of the initial Transfer Agreement, each municipality, including Irwindale, must enter into a new Transfer Agreement to reinstate the annual disbursement of municipal funds. Transfer Agreement No. 2024MP37 will cover Fiscal Years 2024-2025 through 2027-2028.

In accordance with the Transfer Agreement, the City will continue to submit Annual Plans for utilization of the Municipal Program funds for Stormwater Fund operations and maintenance, programs, and capital improvement projects that ensure compliance with the MS4 Permit.

City staff and the City Attorney have reviewed and approved the attached Transfer Agreement as to form.

Fiscal Impact:

The adopted budget for Fiscal Year 2024-2025 includes an estimated revenue of $400,000 for Measure W. The expenditure guidelines allow 30% of this funding to be used for maintenance such as catch basin cleaning, street cleaning, and stormwater pump maintenance, to name a few, and the other 70%

Page 197 of 364 ends

for Capital Improvement Program (CIP) projects.

Attachments:

1. 11-13-2024 Safe, Clean Water Program Transfer Agreement Approval - AGREEMENT

2. 11-13-2024 Safe, Clean Water Program Transfer Agreement Approval - RESOLUTION

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TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND IRWINDALE AGREEMENT NO. 2024MP37
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Irwindale, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.

NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated.

II. PARTYCONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Municipality: Irwindale Name: Haris Harouny Name:

Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:

Phone: (626) 300-2620 Phone:

Municipal Program
Agreement No.2024MP37

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Page 199 of 364 ends

Email: [email protected] Email:

Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BYREFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBITA – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, anAnnual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.

B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.

C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.

V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.

B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section

18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.

VII. EXECUTION OF AGREEMENT
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (nonfacsimile/electronic) transmission of “original” versions of such documents.

Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

By:

Name:

Title:

Date:

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By:

Name:

Title:

Date:

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EXHIBIT A–ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.

Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.

Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.

A-7. Provide the budget for the activities described in provisions A1 throughA-5 SCW Program Payment.

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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.

3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.

B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment
The Municipality shall not assign this Agreement.

B-6. Audit and Recordkeeping

1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.

2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.

3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th
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to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.

Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028

4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.

B-11. Compliance with Law, Regulations, etc.

The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.

Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.

B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

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All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.

SCW Program Payments shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-15. Force Majeure.

In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-16. Funding Considerations and Exclusions

1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.

B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-20. Lapsed Funds

1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from Municipal Program
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the end of the fiscal year in which those funds are transferred from the District to the Municipality.

2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.

Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.

B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding nondiscrimination in employment and equal employment opportunity.

B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice

1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.

B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Municipality and any other entity concerning responsibility for Municipal Program
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performance of work.

B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.

1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.

3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument Municipal Program
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to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.

6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:

1. The Municipality has violated any provision of this Agreement; or

2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.

3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.

4. Failure to submit annual reports on meeting SCW Program Goals.

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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to include in eachAnnual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.

METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climateappropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
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Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing offsite runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

Municipal Program
Agreement No.2024MP37

Page 13 of 14 ends

Page 211 of 364 ends

• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.

Municipal Program
Agreement No.2024MP37

Page 14 of 14 ends

Page 212 of 364 ends

RESOLUTION NO. 2024-94-3571

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING CONTINUED PARTICIPATION IN THE SAFE, CLEAN WATER

PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE TRANSFER

AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT WHEREAS, the City of Irwindale desires to continue in participating in the Los Angeles County Flood Control District (LACFCD) Safe, Clean water Program (SCWP) and receive Measure W funds; and
WHEREAS, the Safe, Clean Water Program is divided into the following three programs: The District Program, the Regional Program and the Municipal Program; and WHEREAS, participation in the SCWP requires the City to execute a Transfer Agreement with the LACFCD authorizing the funding and receipt of funds pursuant to the SCWP and in accordance with Safe, Clean Water regulations under Chapters 16 and 18 of the LACFCD’s Code; and
WHEREAS, the City of Irwindale authorizes the execution of the Transfer Agreement with the LACFCD in order to continue receiving said SCWP funds; and NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:

1. The City Council hereby approves of the City’s continued participation in the Los Angeles County Flood Control District Safe, Clean Water Program.

2. The City Council authorize the Mayor to enter into the Transfer Agreement to fund and receive the SCWP funds; and authorizes the Mayor, or their designee, to execute any and all other documents necessary for continued participation in the Safe, Clean Water Program on behalf of the City of Irwindale.

3. This resolution shall be effective upon adoption.

PASSED, APPROVED AND ADOPTED this 13th day of November. ___________________________
Albert F. Ambriz, Mayor

Page 213 of 364 ends

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. 2024-94-3571 was adopted at a regular meeting of the City Council held on November 13, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

Page 214 of 364 ends

Item #19.K.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Construction Change Orders for the 2023-2024 Resurfacing Project:

Residential Resurfacing Project – Phase III; P-1053
City Manager's Recommendation:

That the City Council adopt a Resolution No. 2024-95-3572 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) APPROVING CONSTRUCTION CHANGE ORDERS IN THE AMOUNT OF $130,471.71 FOR THE 2023-2024 RESURFACING PROJECT: RESIDENTIAL RESURFACING PROJECT—PHASE III TO INCREASE THE CONTRACT FROM $962,098.50 TO $1,092,570.21; (2) APPROVING AN UPDATED 5% PROJECT CONTINGENCY IN THE AMOUNT OF $54,629 TO COVER ANY UNFORESEEABLE CONDITIONS THAT MAY ARISE DURING CONSTRUCTION; AND (3) APPROPRIATING AN ADDITIONAL $62,189.82 FROM THE GENERAL FUND AND $74,805.89 FROM THE MINING IMPACT FUND TO THE RESIDENTIAL RESURFACING PROJECT – PHASE III; P-105" Administrative Action:

Submitted by:

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

Luis Pimentel, Associate Engineer
Reviewed by:

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

Page 215 of 364 ends

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On July 10, 2024, the City Council awarded the contract for construction of the 2023-2024 Resurfacing Project: Residential Resurfacing Project – Phase III to Sully-Miller Contracting Company for the amount of $962,098.50.

The original scope of work for the project included asphalt paving, concrete improvements, utility adjustments, and signing and striping in areas along Peck Road, Meridian Street, Alice Rodriguez Circle, Ruelas Street, and Park Rose Avenue. However, four (4) change orders initiated by the City are being requested to add additional asphalt paving and concrete improvements within the Civic Center area and along Azusa Canyon Road, which will exceed the current contingency amount of $48,105.

The total amount of the proposed change orders is $130,471.71, bringing the total contract amount to $1,092,570.21. The original 5% contingency amount of $48,105, along with the additional 5% contingency for the change orders of $6,524, results in a revised contingency amount of $54,629.

Fiscal Impact:

Currently, the Project is budgeted for a total available amount of $1,098,008.50. An additional funding appropriation of $136,995.71 is requested to cover the construction costs of the Project. This additional funding includes $62,189.82 from the General Fund and $74,805.89 from the Mining Impact Fund. This Project is funded through the General Fund, Mining Impact Fund, Gas Tax, Prop C, TDA, Measure R, and Measure M funds, and accounted for in Capital Improvements Program Fund 48 (Account No. 48-80-800-45300-8356).

Attachments:

1. 2023-2024 Resurfacing Project Residential Resurfacing Project - RESO

2. Construction Change Order Requests

Page 216 of 364 ends

01005.0006/1031195.1 Resolution No. 2024-95-3572

Page 1 ends

RESOLUTION NO. 2024-95-3572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) APPROVING CONSTRUCTION CHANGE ORDERS IN THE AMOUNT OF $130,471.71 FOR THE 2023-2024 RESURFACING PROJECT: RESIDENTIAL RESURFACING PROJECT—PHASE III TO INCREASE THE CONTRACT FROM $962,098.50 TO $1,092,570.21; (2) APPROVING AN UPDATED 5% PROJECT CONTINGENCY IN THE AMOUNT OF $54,629 TO COVER ANY UNFORESEEABLE CONDITIONS THAT MAY ARISE DURING CONSTRUCTION; AND (3) APPROPRIATING AN ADDITIONAL $62,189.82 FROM THE GENERAL FUND AND $74,805.89 FROM THE MINING IMPACT FUND TO THE RESIDENTIAL RESURFACING PROJECT – PHASE III; P-105 WHEREAS, on July 10, 2024 the city awarded construction contract to Sully-Miller Contracting Company in the amount of $962,098.50 for the 2023-2024 Resurfacing Project: Residential Resurfacing Project – Phase III; and WHEREAS, this project is currently under construction and is anticipated to be completed by December of 2024; and
WHEREAS, during construction it was brought to the attention of the Director of Engineering that additional asphalt paving and concrete improvements were needed within the City; and
WHEREAS, after a thorough assessment of the asphalt and concrete conditions, repairs were warranted in the form of four (4) contract change orders totaling $130,471.71; and
WHEREAS, an additional $6,524 would need to be added to the existing contingency to keep the 5% overall project contingency; and WHEREAS, a total of $136,995.71 will need to be appropriated to cover the full cost to these contract change orders as additional work to the construction of the 2023- 2024 Resurfacing Project: Residential Resurfacing Project – Phase III and the updated 5% contingency; and
WHEREAS, $62,189.82 will be appropriated from the General Fund and $74,805.89 will be appropriated from the Mining Impact Fund.

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

SECTION 1. The City Council hereby approves construction change orders in the amount of $130,471.71, attached hereto as Exhibit “A”, to increase the contract from $962,098.50 TO $1,092,570.21.

Page 217 of 364 ends

Resolution No. 2024-95-3572

Page 2 ends

SECTION 2. The City Council hereby approves an updated 5% project contingency in the amount of $54,629.00 to cover any unforeseeable conditions that may arise during construction.

SECTION 3. The City Council hereby appropriates $62,189.82 from the General Fund Reserves and $74,805.89 from the Mining Impact Fund totaling $136,995.71 to be transferred to the Capital Projects Fund for the 2023-2024 Resurfacing Project:

Residential Resurfacing Project – Phase III.

SECTION 4. The Chief Deputy City Clerk shall certify to the passage and adoption of this resolution, and the same thereupon take effect and be in force.

PASSED, APPROVED and ADOPTED this 13th day of November 2024. ________________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Page 218 of 364 ends

01005.0006/1031195.1 Resolution No. 2024-95-3572

Page 1 ends

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, MMC, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-95-3572 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 13th day of November 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Page 219 of 364 ends

Exhibit A

Page 220 of 364 ends

September 17, 2024
To: City of Irwindale
5050 N. Irwindale Ave.

Irwindale , CA 91706
Attn: Mr. Luis Pimentel, E.I.T., Associate Engineer
Re: 2023-2024 Resurfacing Project: Residential Resurfacing Phase III; P-1053 Sub: Change Order Request #001—Grind and Overlay 1.25” Thickness on Irwindale Civic Center Service Road
Gentlemen:

Please see the Change Order Request summary below to Grind 1.25” and Repave Approx. 2,800 SF (22 tons of asphalt).

Description Total
Grind 1.25” Irwindale Civic Center Service Road $15,722.21 Pave 1.25” Irwindale Civic Center Service Road $15,668.30 Total = $31,390.51
We request two (2) additional days be added to the contract for same.

Please Review/Approve or Advise.

Respectfully,
Mike Jones
Project Manager
Sully-Miller Contracting Company
:Attachments

Page 221 of 364 ends

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Page 224 of 364 ends

September 24, 2024
To: City of Irwindale
5050 N. Irwindale Ave.

Irwindale , CA 91706
Attn: Mr. Luis Pimentel, E.I.T., Associate Engineer
Re: 2023-2024 Resurfacing Project: Residential Resurfacing Phase III; P-1053 Sub: Change Order Request #002— Remove and Replace Curb & Gutter, Curb Ramp and Sidewalk from BCR to ECR at the northeast corner of Irwindale Ave. and Calle Del Norte Gentlemen:

Please see the Change Order Request summary below to Remove and Replace Curb & Gutter, Curb Ramp and Sidewalk from BCR to ECR at the northeast corner of Irwindale Ave. and Calle Del Norte.

Description Total
Setup TC, Sawcut/Demo/Grade for New PCC Ramp $ 6,493.56 Setup TC, Form & Pour Curb & Gutter $ 4,801.26
Setup TC, Form & Pour Hardscape, Install Signal Boxes $ 5,857.64 Setup TC, Slot Pave, and Cleanup $ 3,232.43
Total = $20,384.89
We request three (3) additional days be added to the contract for same.

Please Review/Approve or Advise.

Respectfully,
Mike Jones
Project Manager
Sully-Miller Contracting Company
:Attachments

Page 225 of 364 ends

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C2 - COLAS GROUP INTERNAL: Employees and partners who need to know.

October 15, 2024
To: City of Irwindale
5050 N. Irwindale Ave.

Irwindale , CA 91706
Attn: Mr. Luis Pimentel, E.I.T., Associate Engineer
Re: 2023-2024 Resurfacing Project: Residential Resurfacing Phase III; P-1053 Sub: Change Order Request #003— Ace Fence Company Furnish and Install Std. 606-3 Type A Hand Rail, Galvanized Finished
Gentlemen:

Please see the Change Order Request summary below for Ace Fence Company to Furnish and Install Std. 606-3 Type A Hand Rail with a Galvanized Finish at the northeast corner of Irwindale Ave. and Calle Del Norte.

Description Total
Ace Fence Quote 10/14/24 Install Type A Handrail 16 LF @ $377/LF $ 7,453.00

Total = $ 7,453.00
This quote is the minimum charge to fabricate and install the Type A Handrail. Any length to the handrail in addition to 16 LF will be charged at $418.85/LF.

This work will not be subject to be completed within the contract working days due to material procurement period and fabrication period.

Please Review/Approve or Advise.

Respectfully,
Mike Jones
Project Manager
Sully-Miller Contracting Company
:Attachments

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Page 232 of 364 ends

TO : General Contractors ATTN : Estimator
FAX # : DATE : 10/14/2024
FROM : Romeo Layos PAGES :: 1
PROJECT Irwindale Ave & Calle Del Norte
: City of Irwindale, CA

BID DATE
SPECS : Per Plan & Specs (see notes & qualifications below) ADDENDUM:

ITEM DESCRIPTION Unit Qty Unit Price Amount
Furnish and Install the following:
34 To furnish and install Sta Plan 606-3 Type A Hand Rail.

Galvanized finished.

LF 16 $ 377.00 $ 6,032.00
TOTAL AMOUNT: $ 6,032.00
NOTES & EXCLUSIONS:
* WE PROVIDE SLEEVES, BUT LAYOUT, INSTALLATION AND CLEANING BY OTHERS. * ENGINEERING CALCULATION IS NOT INCLUDED, BUT IF REQUIRED NEEDS CHANGE ORDER. * SURVEYS FOR ALIGNMENT AND ELEVATION ARE NOT INCLUDED BY OTHERS. * DISPOSAL OF EXCAVATED MATERIALS (SPOILS) IS NOT INCLUDED BY OTHERS. * CONCRETE MOW STRIP, CURB AND OTHER CONCRETE WORKS BY OTHERS. * GROUNDING AND ELECTRICAL WORKS ARE NOT INCLUDED, BY OTHERS. * ROCK DRILLING, CONCRETE CUTTING, BREAKING & CORE DRILLING BY OTHERS. * OUR QUOTE IS PER LINEAR FOOT NOT A LUMPSUM, GENERAL IS RESPONSIBLE FOR THEIR OWN TAKE OFF. * THIS PROPOSAL IS BASED ON PAID PREVAILING WAGES AND CERTIFIED PAYROLL. * PLEASE REFER TO ADDITIONAL NOTES & EXCLUSIONS BELOW. IF YOU HAVE QUESTIONS PLEASE CALL.

NOTE: PROPOSAL IS AS A PACKAGE UNLESS DISCUSSED PRIOR TO BID. OUR PROPOSAL IS PER LINE ITEM AND NOT LUMPSUM, CONTRACTOR IS RESPONSIBLE FOR THEIR OWN TAKE-OFF. AWARD MUST HAPPEN WITHIN 30 DAYS. COPY OF ACE FENCE COMPANY's BID TO BE PART OF THE FINAL CONTRACT AGREEMENT. COPY OF GENERAL's PAYMENT & PERFORMANCE BONDS TO BE ATTACHED TO THE CONTRACT AGREEMENT.

EXCLUDE: GATE HANDLE & LOCKSET; PUSH BAR EXIT DEVICE; MOWCURB, CURB, HEADER OR ANY CONCRETE WORKS (except for post footings); KNOX BOX; KEY FOB ACCESS SENSOR; GATE CLOSER & COVER PAN; GATE STOP; EXIT HARDWARE; RE-BARS; FORMWORKS; DEMOLITION WORKS; CLEARING & GRUBBING; REMOVAL OF FENCING & GATES, VEGETATION OR ANY OBSTRUCTIONS; EXTRA DIRT FOR BACKFILL; GRADING; STAKING & LAY-OUT; ROCK DRILLING, CONCRETE CUTTING, BREAKING & CORE DRILLING; PAVEMENT REPAIR OR ASPHALT PATCHING; POTHOLING OR LOCATING UTILITIES; MAINTENANCE OR REPAIR TO DAMAGES CAUSED BY OTHERS & TO UNMARKED UTILITY LINES; GROUNDING & GROUNDING; ENGINEERING OR STRUCTURAL CALCULATIONS; SURVEYS FOR ALIGNMENT & ELEVATIONS; COSTS FOR INSPECTIONS & TESTING; BOND COST; SWPPP; BEST MANAGEMENT PRACTICES; ASBESTOS & LEAD COMPLIANCE PLAN & ANY RELATED WORKS; PERMITS/FEES; DUST CONTROL; K-RAILS; TEMPORARY FENCES; SAFETY RAILING & FALL PROTECTION; TRAFFIC CONTROL & SIGNS; FLAGMEN; LANE CLOSURE; NIGHWORK; HAULING OF SPOILS (spoils from our excavation are to be scattered in the immediate vicinity of our work, relocation of spoils will be considered a change order) INSURANCE: GENERAL LIABILITY - $ 1,000,000 - $ 2,000,000 AGGREGATE; AUTOMOBILE - $ 1,000,000; WORKMAN COMPENSATION - $ 1,000,000.

OCIP / CCIP PROJECTS - WC's PREMIUMS ALREADY DEDUCTED. ADDITIONAL INSURANCE REQUIREMENTS ARE SUBJECT TO EXTRA PREMIUMS.

FAX QUOTE
LICENSE # A,B,C-13,C-29, C-31 -996577 - EXP. 9-30-24 DIR Reg. #1000004092, DBE #34153 - UNION SUBJECT TO ACCEPTANCE WITHIN 30 DAYS

ACE FENCE COMPANY
727 NORTH GLENDORA AVENUE, LA PUENTE, CA 91744
PHONE (626) 333-0727 * FAX (626) 333-7843
CERTIFIED AS DBE/SBE/MBE/WBE FIRM, UNION COMPANY, LACMTA Pre-Qualified to Bid "Awarded Minority Contractor of the Year by the City of Los Angeles for Excellence in Quality and Services" "We Are An Equal Opportunity Employer"
Lakewood Blvd-quote

Page 233 of 364 ends

C2 - COLAS GROUP INTERNAL: Employees and partners who need to know.

November 5, 2024
To: City of Irwindale
5050 N. Irwindale Ave.

Irwindale , CA 91706
Attn: Mr. Luis Pimentel, E.I.T., Associate Engineer
Re: 2023-2024 Resurfacing Project: Residential Resurfacing Phase III; P-1053 Sub: Change Order Request #004— Grind and Pave 3” in NB Number 1 Lane on Azusa Canyon Road at Arow Highway
Gentlemen:

Please see the summary below of our change order request to grind and pave 3” in the northbound number 1 lane on Azusa Canyon Road at Arrow Highway (660 LF length).

Description Total
Setup/Take Down Traffic Control, Flag, Grind, and Sweep 1 LS $ 14,186.23 Pave NB #1 Lane Azusa Canyon Road at Arrow Highway 1 LS $ 33,590.42 Install Loops 1 LS $ 11,129.67
Install Striping 1 LS $ 12,336.99
Total = $ 71,243.31
We request four (4) additional days be added to the contract to for same.

We did not see any manholes or utilities to be adjusted. If we uncover any manholes, we would require an additional change order.

Please Review/Approve or Advise.

Respectfully,
Mike Jones
Project Manager
Sully-Miller Contracting Company
:Attachments

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Item #19.L.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of the Irwindale Veterans Monument Improvement Project – Phase II; P-1059 City Manager's Recommendation:

That the City Council (1) ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements of the Irwindale Veterans Monument Improvement Project – Phase II (2) approve the final construction project amount of $210,487.07 under the construction contract with Mariposa Landscapes, Inc.; (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the construction project.

Administrative Action:

Submitted by:

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

Henry Moncada, Engineering Technician Electronically Approved Reviewed by:

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

Page 242 of 364 ends

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On April 10, 2024, the City Council awarded the Irwindale Veterans Monument Improvement Project – Phase II (P-1059) to Mariposa Landscapes, Inc., with a contract amount of $209,546.00, plus a 10% contingency of $20,955.00, bringing the total to $230,501.00. Additionally, the City Council authorized staff to separately contract with West Coast Arborists, Inc. (WCA) for $19,871.75 to remove seven (7) existing palm trees and plant eight (8) new queen palm trees, as approved during the same meeting.

During the course of work, the contractor encountered a grading issue with the existing concrete foundation of the seven (7) flagpoles, which needed to align with the proposed concrete walkway. To address this, the contractor had to demolish the top 4 to 6 inches of each foundation and reconstruct the top portion to match the new walkway elevation as specified in the construction plans. This additional work, totaling $941.07, was issued as a change order for the project.

The Irwindale Veterans Monument Improvement Project – Phase II P-1059 has been completed in accordance with the approved plans and specifications. The final construction costs of the project with Mariposa Landscapes, Inc., including the change order, is $210,487.07, which is $20,013.93 less than the authorized amount of $230,501.00. The WCA’s contract in the amount of $19,871.75 to remove and plant palm trees was completed without any change order. Other miscellaneous project related expenditures equaled $3,940.46, bringing the total project cost to $234,299.28.

The Project is now complete, and staff recommends that the City Council ratify the changes in the contract amount due to the additional work, accept the completed improvements, and assume ongoing maintenance responsibility for the Irwindale Veterans Monument Project – Phase II.

Acceptance of the improvements by the City Council will render the project complete. Staff further recommends that the City Council authorize the City Clerk to record the Notice of Completion and authorize the Finance Director to release the 5% retention amount to Mariposa Landscapes, Inc.

Fiscal Impact:

Funding for this project has been budgeted in the FY 2023-2024 budget for the Irwindale Veterans Memorial Project (Account No. 48-80-800-45200-8246). Sufficient funding is available in the FY 2023- 24 budget to pay for this amount.

Attachments:

1. 11-13-2024 Acceptance of Veterans Monument Improvement Project- Phase II (P-1059) - NOC

Page 243 of 364 ends

RECORDING REQUESTED BY: /

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

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: CITY OF IRWINDALE VETERANS MONUMENT IMPROVEMENTS PROJECT – PHASE II.

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

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

4. On the 13TH day of November 2024, there was completed upon the hereinafter described real property the following work: IRWINDALE VETERANS MONUMENT IMPROVEMENTS PROJECT – PHASE II

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

The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: CITY OF IRWINDALE 5050 NORTH IRWINDALE AVENUE.

DATED: _____ __ , 2024
______________________________________
Eddie Chan, Director of Engineering/Building Official
City of Irwindale
ATTEST:

Deputy City Clerk

Page 244 of 364 ends

State of California
County of __ ____
Subscribed and sworn to (or affirmed) before me on this __ day of ____ __ , 20 , by ______________ ________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature ____ __

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Item #19.M.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Approval of Plans and Specifications for the City of Irwindale Public Library Improvement Project; P-1044
City Manager's Recommendation:

That the City Council (1) approve the plans and specifications for the Public Library Improvement Project; (2) authorize staff to solicit bids for construction of the project; and (3) adopt Resolution No. 2024-98-3575 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE IRWINDALE PUBLIC LIBRARY

IMPROVEMENT PROJECT, FINDING THE PROJECT CATEGORICALLY EXCLUDED FROM THE NATIONAL ENVIRONMENTAL POLICY ACT (“NEPA”) PURSUANT TO 24 CFR 58.35 (a)(1)), AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) UNDER CEQA GUIDELINES SECTION 15302".

Administrative Action:

Submitted by:

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

Luis Pimentel, Associate Engineer
Reviewed by:

Adrian R. Guerra, City Attorney

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Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Theresa Olivares, Assistant City Manager
Background and Analysis:

The Public Library Improvement Project (“Project”) is identified in the City’s Capital Improvement Program (CIP). The Project will construct a new public library facility, with an approximate size of 12,800 square feet.

The City’s consultant, CWA AIA Inc., in collaboration with Public Works Engineering staff, has developed the design plans and specifications for the Project, which includes a necessary bid package to advertise and solicit bids per Section 3.44.110 of the City’s Municipal Code and applicable sections of the California Public Works Contract Code.

A set of the Project plans and specifications are available for review in the Office of the Director of Engineering.

Upon City Council approval, the Project will be advertised as required. The contract award is anticipated to be presented to the City Council for consideration in January 2025.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City has analyzed the project and site. It has been determined that this project qualifies for categorical exemption from CEQA. A Categorical Exemption report was prepared, concluding that the proposed project meets all criteria for exemption from further review under CEQA as defined in the 2024 CEQA Guidelines §15302 for replacement or reconstruction of existing facilities, and has no features or characteristics that would qualify as exceptions to the exemption. Upon City Council approval, a Notice of Exemption (NOE) will be filed with the County Clerk and the State Clearinghouse in compliance with CEQA requirements.

It is therefore recommended that the City Council (1) approve the plans and specifications for the Public Library Improvement Project; and (2) authorize staff to solicit bids for construction of the project.

Fiscal Impact:

On November 9, 2022, the City Council authorized the acceptance of the State Library Building Forward Grant (SB129) funds in the amount of $6,135,594 (for construction only) and received half ($3,067,797)

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of this amount on May 8, 2023. The second half is expected to be received sometime in the next calendar year. The Grant required matching funds, which the City Council approved on December 14, 2022. On July 24, 2024, the preliminary cost estimate for this project was $15,730,952, with a shortfall of $3,459,764 ($15,730,952 - $6,135,594 (Grant) - $6,135,594 (Matching Funds)). At the same meeting, the City Council also approved an additional $1,500,000 from the General Fund's reserves for this shortfall.

Funding of $9,576,312 for the construction of this project is included in the Fiscal Year 2024-2025 adopted budget. This amount does not include the additional $1,500,000 as it was approved after the adoption of the budget. No additional funding is being requested for the approval of the plans and specifications of the Public Library Improvement Project and/or soliciting bids for construction.

Attachments:

1. Resolution Approving Plans Specs and CEQA_NEPA Exemption

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Resolution No. 2024-98-3575

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RESOLUTION NO. 2024-98-3575

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE

IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT, FINDING THE

PROJECT CATEGORICALLY EXCLUDED FROM THE NATIONAL
ENVIRONMENTAL POLICY ACT (“NEPA”) PURSUANT TO 24 CFR 58.35 (a)(1)), AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) UNDER CEQA GUIDELINES SECTION 15302
WHEREAS, as part of the City of Irwindale’s Capital Improvement Program, the City Council has initiated the Public Library Improvement Project (“Project”); and WHEREAS, the City plans to construct a ±12,800 square-foot single story public library with associated parking located within the existing City Civic Center campus. The new library will replace the City’s existing library on the Civic Center campus and will be located approximately 75-feet west along the south side of the City Hall building; and
WHEREAS, as part of this Project, the City retained CWA AIA, Inc. to collaborate with the Public Works and Engineering Departments to design plans and specifications for the new library; and
WHEREAS, City staff and the City Council have engaged in various community outreach efforts, discussed the Project designs and specifications at public meetings, and received community input to come up with the ultimate design for the Project; and
WHEREAS, the Project plans and specifications are now complete based on City Council, staff, and community input, requiring City Council approval of the final plans; and
WHEREAS, the Project has qualified for grant funding from the State of California Library Infrastructure Grant Program, as well as a federal Economic Development Initiative (EDI) grant administered by the Housing and Urban Development (HUD) agency to fund a portion of the Project (EDI Community Project Funding Grant Number (Community Project Funding Grant Number B-24- CP-CA-0288); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the Project and determined it is categorically exempt from environmental review under CEQA Guidelines section 15302, because the Project will be located on the same site as

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Resolution No. 2024-98-3575

Page 2 ends

the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and
WHEREAS, pursuant to the authority and criteria contained in the National Environmental Policy Act (NEPA), the City, as the Responsible Entity, has analyzed the Project and determined that the Project qualifies for a categorical exclusion from further environmental review pursuant to 24 CFR 58.35 (a)(1), because the Project facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

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

SECTION 2. The City Council hereby determines that the Project is exempt from the City of Irwindale zoning regulations pursuant to Irwindale Municipal Code section 17.04.090 (“Public Project Exemptions”). The City Council hereby approves the final Project plans and specifications for the Irwindale Public Library Improvement Project on file with the Office of the City Engineer, dated November 12, 2024, and subject only to minor modifications as determined necessary by the City Engineer and/or Community Development Director pursuant to the City of Irwindale Municipal Code and/or Irwindale Design Guidelines.

SECTION 3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the Project. Based upon a record of supporting analyses, evidence and testimony taken from the record as a whole, and received by the City Council, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby determines, based upon its independent judgment and analysis of the record, that the Project is categorically exempt from environmental review under CEQA Guidelines section 15302, because the Project will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

SECTION 4. The City has qualified for a federal Economic Development Initiative (EDI) grant administered by the Housing and Urban Development (HUD) agency to fund a portion of the Project (EDI Community Project Funding Grant Number (Community Project Funding Grant Number B-24-CP-CA-0288). HUD

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Resolution No. 2024-98-3575

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does require completion of environmental review documentation to satisfy requirements of the National Environmental Policy Act (NEPA). Based upon a record of supporting analyses, evidence and testimony taken from the record as a whole, and received by the City Council, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter City Council hereby determines, based upon its independent judgment and analysis of the record, that the Project qualifies for a Categorical Exclusion (CE) under NEPA (24 CFR 58.35 (a)(1)), on the basis that the Project facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent. The City is a Responsible Entity as defined in HUD’s regulations and is the lead agency for completion of NEPA documentation. City staff are hereby authorized and directed to enter the required information in the HUD online system (HUD Environmental Review Online System (HEROS).

SECTION 5. The Chief Deputy City Clerk shall certify to the adoption of this resolution, which, shall in turn, have immediate effect.

PASSED, APPROVED, and ADOPTED this _____ day of ________ 2024. __________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Resolution No. 2024-98-3575

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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. 2024-98-3575 was adopted at an regular meeting of the Irwindale City Council held on the ___ day of _____ 2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

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

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Item #19.N.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Clean Off-road Equipment Voucher Incentive Project (CORE) City Manager's Recommendation:

Adopt Resolution Number 2024-97-3574 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF IRWINDALE AUTHORIZING CITY STAFF TO APPLY FOR AND ACCEPT THE CLEAN OFF-ROAD

EQUIPMENT VOUCHER INCENTIVE PROJECT (CORE), WAIVE THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), APPROPRIATE FUNDING TO

PURCHASE A CLEAN OFF-ROAD EQUPMENT AND ELECTRIC CHARGING STATIONS, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT.”
Administrative Action:

Submitted by:

Elizabeth Rodriguez, Public Services Director
Prepared by:

Aundrea Butler, Management Analyst
Pedro Rodriguez, Public Works Maintenance Supervisor
Reviewed by:

Adrian R. Guerra, City Attorney

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Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

In recent years, more pressure has been placed on cities to purchase electric vehicles and equipment.

The California Air Resources Board (CARB) recently approved the Advanced Clean Cars II rule that establishes a path for California to have 100% zero-emission vehicles by 2035.

As a result of the many rules, bills, and laws approved for electric chargers and the purchase of electric vehicles and equipment, the Public Services Department has taken the initiative in reviewing various grants for the purchase of an electric tractor/backhoe loader. One grant that looked promising was the Clean Off-Road Equipment Voucher Incentive Project (CORE). The CORE program was started in partnership with CALSTART and CARB to help accelerate the purchase of zero-emission off-road equipment in California.

In September 2024, staff submitted the Clean Off-Road Equipment Voucher Incentive Project (CORE) grant application for the purchase of one (1) Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and electric charging stations.

On November 6, 2024, staff was notified that the city received a voucher in the amount of $349,000 to purchase one (1) Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and electric charging stations. The total cost for this electric vehicle and two (2) 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Stations is $378,795.79. To receive this voucher, staff is required to sign the CORE Voucher Request Form and pay the City of Irwindale’s portion of $29,795.79.

Additionally, staff are requesting the formal bidding procedures be waived for the purchase of this electric equipment and charging stations. Irwindale Municipal Code Section 3.44.080 (E) states that the city council can dispense with bidding when cooperative purchasing, which provides an advantage of large-scale buying, may be obtained. Due to the purchasing power of a large entity, such as Sourcewell, local governments realize substantial discounts on purchases that apply to these contracts.

The selection of CNH Industrial America LLC was made based on the quotes provided to staff and the award of contract #011723-CNH from Sourcewell on April 4, 2023, with an expiration date of April 14, 2027. For these reasons, waiving the formal bidding process is in the best interest of the city.

Upon approval by the City Council, staff will sign the Core Voucher Request Form accepting the terms

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of the voucher and 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 this electric equipment and charging stations.

Fiscal Impact:

Applying for and receiving the CORE Voucher will alleviate approximately $349,000 from the general fund to purchase an electric tractor and charging stations. An appropriation of funds will be required to cover the remaining amount of $29,795.79. Staff is requesting 60% ($17,877.47) of the total amount owed by the City of Irwindale come from the Mining Impact Fund Reserves and 40% ($11,918.32) from the General Fund Reserves.

Attachments:

1. 11-13-24 CORE Voucher RESOLUTION

2. 11-13-2024 City of Irwindale 580EV Tractor - Electric Charging Stations Quote

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01005.0001/707665.1
RESOLUTION NO. 2024-97-3574

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING CITY STAFF TO APPLY FOR AND ACCEPT THE CLEAN OFFROAD EQUIPMENT VOUCHER INCENTIVE PROJECT (CORE), WAIVE THE

FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), APPROPRIATE FUNDING TO PURCHASE A CLEAN OFFROAD EQUPMENT AND ELECTRIC CHARGING STATIONS, AND AUTHORIZE THE

CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT
WHEREAS, The California Air Resources Board (CARB) recently approved the Advanced Clean Cars II rule that establishes a path for California to have 100% zeroemission vehicles by 2035; and WHEREAS, in September 2024, staff identified and submitted the Clean Off-Road Equipment Voucher Incentive Project (CORE) grant application for the purchase of one (1) new Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket and electric charging stations; and
WHEREAS, on November 6, 2024, staff was notified the city received a voucher in the amount of $349,000 to purchase one (1) new Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and two (2) 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Stations; and
WHEREAS, the total amount for one (1) new Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and two (2) 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Stations is $378,795.79; and WHEREAS, staff is required to sign the CORE Voucher Request Form and pay the City of Irwindale’s portion of $29,795.79.

WHEREAS, an appropriation of funds would be required to pay the City of Irwindale’s portion of the purchase. Staff requests to appropriate $17,877.47 from the Mining Impact Fund Reserves and $11,918.32 from the General Fund Reserves for a total of $29,795.79; and
WHEREAS, staff requests the formal bidding procedures be waived for the purchase of this electric equipment and charging stations; 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

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01005.0001/707665.1
WHEREAS, staff proposes to purchase the electric equipment and charging stations 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
WHEREAS, the selection of CNH Industrial America LLC was made based on its award of contract #011723-CNH from Sourcewell on April 4, 2023 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, CNH Industrial America LLC’s supplier Sonsray Machinery for the purchase of one (1) Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and two (2) 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Stations; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals of this Resolution are true and incorporated as findings herein.

SECTION 2. The City Council of the City of Irwindale hereby authorizes the City Manager or the Public Works Maintenance Supervisor to apply for the Clean Off-Road Equipment Voucher Incentive Project (CORE) and accept the Core Voucher Request Form by signature.

SECTION 3. 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 4. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase of one (1) Case 580EV Electric 4WD with Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket (Tractor) and two (2) 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Stations pursuant to Irwindale Municipal Code Section

3.44.080 (E) and authorizes the City Manager to issue a purchase order for the same.

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01005.0001/707665.1
SECTION 5. The City Council of the City of Irwindale hereby approves an appropriation of $17,877.47 from the Mining Impact Fund Reserves and $11,918.32 from the General Fund Reserves for a total of $29,795.79.

SECTION 6. 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 7. This Resolution shall take effect immediately and the Chief Deputy City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 13th day of November, 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. 2024-97-3574 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 13th day of November 2024, by the following vote:

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01005.0001/707665.1
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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NOTICE TO

PURCHASER

1. Caution. Do not sign this contract before you thoroughly read both pages 1 and 2 of it or if it contains blank spaces, even if otherwise advised.

2. You are entitled to an exact and completely filled in copy of this Sales Order when you sign it. Keep it to protect your legal rights.

3. Store Manager signature required for final acceptance of Sales Order.

THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.

Purchaser’s Signature ____________________________ Sales Consultant ____________________________ Date _________ Print Name ____________________________________ Date _________ Accepted By _______________ Date _________

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10950 South Norwalk Blvd. ∙ Santa Fe Springs ∙ CA ∙ 90670 TEL: (562) 903-7377 www.SonsrayMachinery.com
Ship To: CITY OF IRWINDALE
5050 N. Irwindale Ave
IRWINDALE CA 91706
Invoice To: CITY OF IRWINDALE
5050 N. Irwindale Ave
IRWINDALE CA 91706
Attention: Pedro Rodriguez
Santa Fe Springs
November 7, 2024 epadilla-0020
IRWIN002 626-430-2200
Purchase Order:

Sales Person: Evert Padilla

EQUIPMENT QUOTE/SALES ORDER
2024 CASE 580EV Serial #: Sourcewell ORDER UNIT Stock #:

Quotation# 701964451
$310,707.60
SOURCEWELL CONTRACT# 011723 - CNH LIST PRICE $443,868 - LESS SOURCEWELL DISCOUNT 30% = SALE PRICE $310,707.60 / NEW CASE 580EV ELECTRIC 4WD w/ Backhoe 24 Inch Bucket & Loader 4 in 1 Bucket Operating Weight: 19,947 lb
Max Digging Depth Retracted: 14 ft 6 in Extended: 17 ft 11 in Rated Power 108 HP / Peak Power 127 HP
Rated Torque 365Nm / 540Nm
Battery Size:
400V Lithium-Ion Battery
Energy Capacity: 84 kWh
Usable Energy: 71 KWh
Charging Requirements:

On-Board Charger (SAE J1772 Level 2 Compliant)
Charge Time:
20-80% 4.4 Hours
0-100% 7.8 Hours
CASE Powershift™ H-Type Transmission
CASE RideControl™
CASE ComfortSteer™
Enclosed Cab w/ HVAC
Right Hand Side & Left Hand Side Door
Cloth Seat w/ 180 Deg. Swivel & Air Susp.

Keyless Start

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Page 2 of 4 ends

Interior Rear View Mirror
Backup Alarm
Bluetooth Radio w/ AM/FM Tuner & USB Input
Right Side Console Storage Compartment
Anti-Vandalism Cover for Instruments
LED Work Lights
Single Joystick Loader Control
82 Inch 4x1 Loader Bucket w/ Bolt On Cutting Edge
CASE Return-To-Dig
CASE Return-To-Travel
CASE Return-To-Height
CASE Extendahoe™ Pilot Controls
CASE Extendahoe™ Over-Center Design
CASE Extendahoe™ 24 in Bucket w SmartFit™ Teeth
CASE Extendahoe™ Hydraulic Coupler
CASE ProControl™
CASE PowerLift™
CASE PowerBoost™
BHOE PERFORMANCE PKG-1-WAY OR 2WAY AUX
Heavy Front Counterweight
Flip Over Stabilizer Pads
Tool Box
Front Tires 12x16.5, 10PR Lug Tread
Rear Tires 19.5LX24, 10PR STD
Included Machine Protection:

Factory Warranty (1 yr/unlimited-hr)
Drive Train Warranty (2 yr/2000-hr)
Battery & EV Components (3 yr/3000-hr)
CASE SiteWatch™ Telematics w/ Diagnostic Capability (5 yr Subscription) CASE EV Care Planned Maintenance (3 yr/3000 hr)
Extended Warranty Options Per Conversation with Pedro Rodriguez- This quote includes 60 month/5000 hour Extended Warranty Premier Extended Warranty - 36 month /3000 hours - $4,908 Premier Extended Warranty - 48 month /4000 hours - $7,608 Premier Extended Warranty - 60 month /5000 hours - $12,216 ***CHARGING STATION NEEDS PROFESSIONAL INSTALLATION NOT INCLUDED WITH THIS PRICE QUOTE***SONSRAY SIGNATURE SERVICE PACKAGE INCLUDED - SEE ATTACHED FLYER FOR DETAILS***QUOTE EXPIRATION DATE - 11/30/2024*** CORE Program Voucher If Approved -$ 290,000.00 Off The Purchase Price.

Signed quote will NOT authorize an order to be entered. Eventual order depends on approval for CORE program funding and customer consent. If CORE program approval is denied, then this signed quote is then void no order will be entered.

Premier 60/5000 Extended Warranty $12,216.00
80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Station $5,800.00 80 AMP Smart - AC Level 2 SAE J1772 5 Hour Charging Station $5,800.00 PDI/WASH/FUEL $4,250.00
Factory Freight $3,500.00
Delivery to Customer $ 900.00
Quoted Price $343,572.60
Sales Tax 10.25% $35,216.19
CA Tire Tax $ 7.00
Cash Due or Finance Amount $378,795.79

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1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.

2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller.

3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof.

4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.

5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear.

6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law.

7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal.

8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof.

9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract.

10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs.

11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein.

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Item #21.A.

Date: November 13, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Introduction and First Reading of Ordinance No. 790 to Add Chapter 9.68 of Title 9 to the Irwindale Municipal Code
City Manager's Recommendation:

Direct the City Attorney to read by title only, waive reading of, and introduce Ordinance No. 790, entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, ADDING CHAPTER 9.68 OF TITLE 9 TO THE IRWINDALE MUNICIPAL CODE TO PROHIBIT UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY.”
Administrative Action:

Submitted / Prepared by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

I. Legal Landscape
Prior to the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, the Ninth Circuit Court of Appeals had prohibited California cities from imposing criminal sanctions against people experiencing homelessness for camping on public property when there was no alternative shelter available.Anticamping ordinances that criminalized sleeping outside, on public property were found to violate the Cruel and Unusual Punishments Clause of the Eighth Amendment of the U.S.

Constitution.As long as there was a greater number of unhoused individuals in a jurisdiction than the number of available beds in shelters, the jurisdiction was prohibited from prosecuting these individuals

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for sleeping outdoors on public property.

On June 28, 2024, the U.S. Supreme Court overruled the Ninth Circuit’s decision, reasoning the “Cruel and Unusual Punishments Clause focuses on the question what method or kind of punishment a government may impose after a criminal conviction, not on the question whether a government may criminalize particular behavior in the first place or how it may go about securing a conviction for that offense.”The Court also recognized that the penalties imposed by the City of Grants Pass did not qualify as cruel or unusual as the initial offense triggered a civil fine, with repeat offenses incurring larger fines or criminal punishments.Consequently, the Court found the Ninth Circuit’s interpretation overstepped into policy-making territory and noted homelessness was a complex social issue that should be handled by the state and local communities.

II. Implications of Grants Pass on Future Challenges to Camping Ordinances While municipalities may now pursue enforcement of camping prohibitions regardless of shelter availability, it is important to note the Grants Pass holding is limited in scope to the Cruel and Unusual Punishments Clause.In fact, the dissenting opinion provided other potential claims under which persons experiencing homelessness or their advocates may bring a claim: (1) The Excessive Fines Clause of the Eighth Amendment of the United States Constitution,(2) The Due Process Clause of the Fifth and Fourteenth Amendments,and (3) The Fourth Amendment of the United States Constitution.The dissent also discussed the potential for regulations that completely ban harmless lifesustaining activities (i.e., sleeping, lying down, eating) to overly burden an individual’s right to travel.As such, camping ordinances should avoid blanket bans on camping activities, continue to impose reasonable fines, clearly define and articulate prohibitions and associated penalties, provide notice before removal of campsites and associated personal property, and properly store personal property collected during a removal.

Analysis:

Camping and storage of personal property on public property often creates unsanitary and unhealthy environments for inhabitants of the City, including unhoused persons. These activities contribute to fire risks, environmental degradation, and public safety hazards. Additionally, they often impede access to businesses and public facilities, preventing use of these facilities and open spaces for their intended purposes.

The proposed ordinance addresses these issues by creating standards for enforcement of campsites and unlawful storage of personal property on public property. The City has previously had no regulations on camping or storage of personal property on public property. Now, staff seeks to mitigate and preempt the negative impacts of these actions in accordance with the recent Grants Pass decision with the consideration of this ordinance.

I. Prohibition on Camping
Many cities with existing camping ordinances or those updating their ordinances in response to Grants Pass either (a) prohibit camping at all times with the exception of certain designated locations;or (b)

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prohibit camping in the same location for a period of time.Rather than implementing an outright ban, these more measured approaches are advisable in light of Supreme Court’s narrow holding in Grants Pass.

Considering the City’s limited residential and open public spaces, a prohibition on camping for a period of over 24 hours should adequately addresses its current homelessness related issues. As such, the ordinance defines “camping” as placing, pitching, or occupying camp facilities; living temporarily in a camp facility or outdoors; and using camp paraphernalia in a single location within the City for more than 24 hours.

Exceptions are provided for special events with temporary permits issued by the City Manager and the lawful use of private property. Special events may include events such as youth or school events, marathons or other sporting events, and other scouting activities.

In order to prevent other due process challenges, the ordinance also provides clear instructions for the abatement of campsites. The City will be required to provide a written Notice to Vacate 48 hours before the removal of personal property, camp paraphernalia, and camp facilities begin. The Notice must provide information related to the date and time of posting, the location of the campsite, the required date by which the individual must vacate the campsite, how personal property removed by the City may be retrieved, and when removal by the City will occur. The City will be required to document the removal process by taking photographs during, before, and after abatement, and take inventory of collected items. The collected personal property must then be stored for a period of at least 60 days.

An exception to the notice requirement is provided for exigent circumstances that pose an imminent threat to life, health, safety, or infrastructure which must be immediately addressed. Still, a written notice after abatement providing basic information related to the removal and instructions for retrieving collected property must be given.

II. Prohibition on Storage of Personal Property
The storage of personal property throughout the City is also a closely related issue to camping.

Consequently, the proposed ordinance prohibits the storage of personal property on any public property or private property without the consent of the owner.

Similar to the process for abating campsites, the ordinance provides clear processes for the removal of unlawfully stored personal property. The City will be required to provide a written Notice of Removal at least 24 hours before beginning the removal. The Notice must provide information related to the date and time of posting, the location of the unlawfully stored personal property, the required date by which the individual must remove the personal property, how personal property removed by the City may be retrieved, and when removal by the City will occur. The City will be required to take inventory of the collected items and store them for a period of at least 60 days.

Again, an exception to the notice requirement is provided for exigent circumstances. Under these conditions, the City will be required to post a notice after removal providing basic information related

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to the removal and instructions for retrieving collected property.

III. Violations and Penalties
Violations of these regulations against camping and storage of personal property will initially result in a verbal or written warning. In alignment with due process requirements, the warning shall describe to the violator the activity constituting a violation, the action required to fix the violation, and the date and time by which the violation must be cured in order to avoid subsequent violations and penalties.

A subsequent violation will be an infraction and punishable by a fine not exceeding $50. This is consistent with the City’s existing penalty provisions in section 1.12.020 of the Municipal Code. While section 1.12.020 provides for fines not exceeding $100 and $200 for a first and second violation, respectively, a lower fine amount is advisable to deter challenges under the Excessive Fines Clause of the Eighth Amendment.

Lastly, any violation of these regulations, that would otherwise be an infraction, will be a misdemeanor if the person is convicted of an infraction under these regulations within one year immediately preceding the date of the first violation.
1 City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (2024). 2 Martin v. Boise, 902 F. 3d 1031, 1035 (2018).
3 Id. at 1049. See also “Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const. amend. XIII. 4 Id. at 1048.
5 City of Grants Pass, 144 S. Ct. 2202, 2216 (internal quotation marks omitted). 6 Id. at 2216; see also id. (“imilar punishments have been and remain among the usual modes for punishing offenses throughout the country.”) (internal quotation marks omitted). 7 Id. at 2226; see also id. at (noting Martin “interfered with essential considerations of federalism, taking from the people and their elected leaders difficult questions traditionally through to be in their province.”) (internal quotation marks omitted).
8 Id. at 2224.
9 Id. at 2242.
10 Id. at 2242-43.
11 Id. at 2243.
12 Id. at 2243; see also Pottinger v. City of Miami, 810 F. Supp. 1551, 1580 (1992). 13 Newport Beach, Cal., Mun. Code § 10.14.020(D)-(E) (2023); Pasadena, Cal., Mun. Code §

3.24.110(A)(8).
14 Grants Pass, Or., Mun. Code § 5.61.010(A) (defines camping as maintaining a campsite in a single location for more than 24 hours); San Diego, Cal., Mun. Code § 63.0402 (defining camping as occupying an encampment for remaining outdoors overnight); Morro Bay, Cal., Mun. Code § 8.26.030(1) (allows camping for twenty-four hours at a time in any one location).

Fiscal Impact:

Costs associated with the enforcement of and attorney’s fees for the prosecution of the proposed

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ordinance.

Attachments:

1. Ordinance No. 790 re Unlawful Camping & Storage of Personal Property

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01005.0001/1030770.1
ORDINANCE NO. 790

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, ADDING CHAPTER 9.68 OF TITLE 9 TO THE IRWINDALE MUNICIPAL

CODE TO PROHIBIT UNLAWFUL CAMPING AND STORAGE OF

PERSONAL PROPERTY
WHEREAS, the City of Irwindale (“City”) is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries; and WHEREAS, camping within the City tends to degrade property and create unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the storage of personal property associated with these camping activities detracts from the use of property for its intended purposes and also creates unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the United States Supreme Court recently overruled the Ninth Circuit Court of Appeals precedent in City of Grants Pass v. Johnson, finding laws that regulate camping did not violate the Cruel and Unusual Punishments Clause of the Eight Amendment of the United States Constitution; and
WHEREAS, the City Council intends to act in accordance with the holding of City of Grants Pass by enacting laws regulating camping and storage of personal property in a way that best respects the dignity of all persons; and WHEREAS, the City Council desires to provide staff with direction on how to enforce the removal of unlawful campsites and unlawfully stored personal property.

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

SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.

SECTION 2. Chapter 9.68 (“Unlawful Camping and Storage of Personal Property”) of Title 9 (“Public Peace, Morals and Welfare”) of the Irwindale Municipal Code is hereby added and shall now read as follows:

CHAPTER 9.68 – UNLAWFUL CAMPING AND STORAGE OF PERSONAL

PROPERTY

9.68.010 – Purpose.

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01005.0001/1030770.1
The purpose of this Chapter is to:

A. Protect the health, welfare, and safety of residents and all people within the City’s boundaries by reserving open spaces and facilities within City limits for their intended purposes.

B. Provide standards for camping and sheltering outdoors which are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the City of Irwindale, including unhoused persons.

C. Address issues such as fire risk, environmental degradation, public access impediments, unsanitary conditions, and public safety hazards for residents, neighboring businesses, and unhoused persons.

9.68.020 – Definitions.

For the purposes of this chapter:

A. “Camp” or “Camping” means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia in a single location within the City for more than 24 hours.

B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelter.

C. “Camp paraphernalia” include, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

D. “City Manager” means the City Manager or his or her designee.

E. “Campsite” means a collection of items that are used or intended to be used for temporary habitation outdoors. Campsites contain camping facilities and/or camping paraphernalia.

F. “Exigent circumstance” means any circumstance in which there is an imminent threat to life, health, safety, or infrastructure which must be immediately addressed.

G. “Hazardous item” means items that present a health or safety risk including but not limited to toxic sharps, chemicals, soiled or moldy items, perishable items, controlled substances, contraband, trash or debris, and any items co-mingled with these listed items.

H. “Personal property” means (1) any item having apparent value of $50 or more; or (2) any item that can reasonably be identified as belonging to an individual and that has apparent value or utility, including but not limited to eyeglasses,

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Irwindale City CouncilNovember 13, 2024

Irwindale City Council
November 13, 2024