Irwindale City Council
January 22, 2025

01005.0005/1045307.1 Resolution No. 2025-02-3590
GPA No. 02-2022

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct.

SECTION 2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, and evidence in the City’s record for the project, this City Council hereby specifically finds as follows:
a. The proposed Zone Change from M-2 [Heavy Manufacturing) to Irwindale Gateway Specific Plan is intended to encourage the highest and best use for the subject property and is in the best interests and welfare of the City and its residents.
b. The proposed Zone Change is internally consistent with all other provisions of the General Plan. The Community Development Element of the General Plan promotes several policies that support the adoption of the SP and associated entitlements. Community Development Element Policy 1 strives to preserve the overall mix of land uses and development in the community. Community
Development Element Policy 3 seeks to ensure that the type, location, and intensity of all new development and intensified developments adhere to the requirements specified in its particular land use category. Community Development Element Policy 5 promotes the comprehensive development consistent with the General Plan as opposed to piecemeal and incremental planning. If adopted, the proposed Zone Change would implement the proposed Irwindale Gateway Specific Plan, which implements policies set forth in the General Plan, to provide direction for the development of the business park over several years, addresses sustainable practices on and off-site, promotes compatibility with surrounding areas, and provides a unique and flexible policy document that facilitates orderly development of the site.
c. The proposed Zone Change will not be detrimental to the public interest, health safety, convenience, or welfare of the City. The purpose of the proposed Zone Change is to implement the Specific Plan, which provides a comprehensive framework for the long-term growth and development of the entire business park, provides clarity in processes and in the coordination between the applicant, developers, and City. If adopted, the proposed Specific Plan would define permitted uses, regulate the sizes and locations of buildings, specify design guidelines and development standards, address mobility and connectivity issues, identify project infrastructure and

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services, and provide administrative and implementation language for the entire 66.64-acre property.
d. The affected properties are physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. The site and adjacent environs were studied for physical suitability as part of the preparation for the Specific Plan and associated Final Environmental Impact Report.

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 Council finds that the Environmental Impact Report (EIR) for The Irwindale Gateway Specific Plan (State Clearinghouse (SCH) No. 2023020290), including the Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Considerations adequately describes the Project and its potential impacts, as well as the impacts potentially resulting from the approval of the Irwindale Gateway Specific Plan for the purposes of CEQA review, and it is consistent with the analysis of the Project within the City Council certified Final Environmental Impact Report, adopted Mitigation Monitoring and Reporting Program, adopted Findings of Fact, and adopted Statement of Overriding Considerations.

SECTION 4. Based upon substantial evidence and testimony received at public hearing and the findings and conclusions set forth hereinabove, the City Council adopts and approves proposed Zone Change No. 02-2022 to change the Zoning Map as shown in attached Exhibit “A” to this Ordinance.

SECTION 5. The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, any approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Irwindale Gateway Specific Plan, including the related EIR and/or related entitlements and ordinances approved in furtherance thereof. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction , such

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decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared severable.

SECTION 7. This Ordinance shall take effect thirty (30) days after its adoption. The City Council hereby authorizes and directs the Mayor and the Chief Deputy City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption.

SECTION 8. The Chief Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale
PASSED, APPROVED AND ADOPTED this 8th day of January 2025.

Larry G. Burrola, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 788 was duly introduced at a regular meeting of the Irwindale City Council held on the 22nd day of January 2025, and was duly approved and adopted on second reading at its regular meeting held on the 12th day of February 2025, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

01005.0005/1045307.1 Resolution No. 2025-02-3590
GPA No. 02-2022

Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibit:

A. Proposed Zoning Map

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01005.0005/1045310.1 Resolution No. 2025-05-3593
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ATTACHMENT “I”
RESOLUTION NO. 2025-05-3593

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING TENTATIVE PARCEL MAP NO. 83854 TO CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532- 002-046 AND 8532-002-04) IN THE M-2 (HEAVY MANUFACTURING) ZONE SUBJECT

TO CONDITIONS AS SET FORTH HEREIN, MAKING FINDINGS IN SUPPORT

THEREOF
A. RECITALS.
(i) Jeff Dritley, on behalf of KP Irwindale Owner, LLC 1875 Century Park East, Suite 380, Los Angeles, CA 90067, the Applicant, has made the following request: 1) Tentative Parcel Map (TPM) No. 83854 to create seven (7) parcels for property located at 13620 Live Oak Lane – APNs: 8532-002-046 and 8532-002-047. (This TPM is being processed concurrently with FEIR State Clearinghouse No. 2023020290, GPA No. 02-2022, ZOA No. 02- 2023, and ZC No. 02-2022); and
(ii) The proposed application will allow for the creation of seven (7) individual parcels for future industrial development in accordance with the proposed Specific Plan and the Subdivision Map Act.
(iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”). The EIR was circulated for public review for 45 days from May 13, 2024 through June 27, 2024. A copy of the EIR was circulated through the State Clearinghouse (SCH# 2023020290), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and Community Development Department. A copy of the EIR and Mitigation Monitoring and Reporting Program was posted on the project’s dedicated website https://www.irwindaleca.gov/590/13620-Live-Oak-Lane--- Irwindale-Gateway-; and
(iv) The public review period for the Draft EIR ended on June 27, 2024; and (v) A Final Environmental Impact Report (SCH# 2023020290) was prepared for the proposed project, including the Draft EIR, comments received on the Draft EIR and responses to those comments, and revisions and corrections to the Draft EIR made in response to comments received; and

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(vi) On October 28, 2024, the Irwindale Planning Commission continued the hearing on this item to a date certain (November 26, 2024); and (vii) The Special Planning Commission meeting of November 26, 2024 was later rescheduled to November 14, 2024; and
(viii) Revised notices of public hearing were published, posted, and mailed in accordance with the laws, including CEQA, the Government Code, and policies of the City of Irwindale; and
(ix) On November 14, 2024, the Planning Commission conducted a duly noticed Special public hearing on the Irwindale Gateway Specific Plan and corresponding Zone Ordinance Amendment No. 02-2023, at which time, the Planning Commission opened the public hearing, took testimony on the Application, at which time they received input from staff, the Assistant City Attorney, and the Applicant, heard public testimony, discussed the Proposed Project; and closed the public hearing; and
(x) On December 16, 2024, notice of a public hearing before the City Council on the proposed project adoption, was given in accordance with applicable law; and (xi) On January 8, 2025, the City Council conducted a duly noticed public hearing, as required by law, on the proposed Application at which time oral and documentary evidence was introduced along with the written recommendation of the City of Irwindale City Council, received public testimony; and
(xii) On January 8, 2025, the City Council continued the hearing on this item to a date certain (January 22, 2025); and
(xiii) On January 22, 2025, the City Council conducted the continued public hearing, as required by law, on the proposed Application at which time oral and documentary evidence was introduced along with the written recommendation of the City of Irwindale City Council, received public testimony; and
(xiv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION.

NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Irwindale as follows:

1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and are incorporated herein by this reference.

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2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, site plans and Conditions of Approval attached hereto as Exhibit “A,” this City Council hereby specifically finds as follows:

Tentative Parcel Map 83854
a. The proposed map is consistent with the General Plan, applicable specific plans, and the Zoning Code.

The proposed map is for the subdivision of a property for development of industrial and commercial uses. The subject property has a General Plan land use designation of Regional Commercial and is zoned M-2 (Heavy Manufacturing). The proposed map is being processed concurrently with General Plan Amendment (GPA) No. 02-2022 to amend the Community Development Element and Land Use Plan Map to designate the property as Irwindale Gateway Specific Plan, ZOA 02-2023 to adopt the Irwindale Gateway Specific Plan, and ZC 02-2022 to change the Zoning Map designation from M-2 (Heavy Manufacturing) to Irwindale Gateway Specific Plan. The Specific Plan proposes an industrial business park to include development standards concerning a) facilities and improvements; b) pedestrian and vehicular ingress, egress, and internal circulation; c) setbacks; d) height of buildings; e) mechanical and utility service equipment; f) landscaping; g) grading; h) lighting; i) parking; j) drainage; and k) intensity of land use so as to avoid traffic congestion, to ensure the public health, safety, and welfare, and to prevent adverse effects on surrounding properties. The proposed project involves redevelopment of a site that is a former landfill, and sand and gravel quarry.

Therefore, the proposed map is consistent with the General Plan, as amended, the Irwindale Gateway Specific Plan, and the Zoning Code. b. The design or improvement of the proposed subdivision is consistent with the General Plan, applicable specific plans, and the Zoning Code.

The proposed project is for development of an industrial business park. The proposed map is being processed concurrently with General Plan Amendment (GPA) No. 02-2022 to amend the Community Development Element and Land Use Plan Map to designate the property as Irwindale Gateway Specific Plan, ZOA 02-2023 to adopt the Irwindale Gateway Specific Plan, and ZC 02-2022 to change the Zoning Map designation from M-2 (Heavy Manufacturing) to Irwindale Gateway Specific Plan. The Specific Plan proposes an industrial business park to include development. The design and improvement of the proposed subdivision is consistent with development standards established in the Specific Plan document with respect to land use, building height, parking, and landscaping.
c. The site is physically suitable for the type of development proposed.

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The 66.64-acre site is suitable for the proposed Specific Plan industrial business park development, which provides for a maximum of 997,796 feet of building space, with private driveways and drive aisles, landscaping, and parking areas. The site is ±66.64-acres site currently served by an existing private street, Live Oak Lane. Live Oak Lane in its entirety, is a part of the subject property. As part of the improvements, a total of 2,160 feet of Live Oak Lane will be dedicated to the City and improved to the City’s standard of 60’- 0”. The remaining areas are already paved and will be converted to a public alley to connect the northern and southern sections of Live Oak Lane. In addition to the improved roadways, there will also be new sidewalk and landscaped setbacks.
d. The site is physically suitable for the proposed density or intensity of development.

The 66.64-acre site is likewise suitable for the proposed intensity of the Specific Plan industrial business park, which provides for a maximum of 997,796 feet of building space, with private driveways and drive aisles, landscaping, and parking areas. The site is ±66.64-acres site currently served by an existing private street, Live Oak Lane. Live Oak Lane in its entirety, is a part of the subject property. As part of the improvements, a total of 2,160 feet of Live Oak Lane will be dedicated to the City and improved to the City’s standard of 60’- 0”. The remaining areas are already paved and will be converted to a public alley to connect the northern and southern sections of Live Oak Lane. In addition to the improved roadways, there will also be new sidewalk and landscaped setbacks.
e. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

The design or proposed improvements of the subdivision will not cause any substantial environmental damage or substantially injure fish, wildlife, or their habitats, or cause serious public health problems in that the Application will create seven (7) parcels from two (2) parcels in an area that has been planned for industrial and commercial uses. The subdivision is located on a former landfill and sand and gravel quarry within an urbanized area and is not the habitat of fish or wildlife. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”), for The Irwindale Gateway Specific Plan (State Clearinghouse (SCH) No. 2023020290), including the Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Considerations which adequately describes the Project and its potential impacts, as well as the impacts potentially resulting from the approval of the Irwindale Gateway

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Specific Plan for the purposes of CEQA review, and the proposed Tentative Parcel Map is consistent with the analysis of the Project.

f. The design of the subdivision or type of improvements will not pose a threat to the public health, safety, and welfare.

The design of the subdivision and improvements will not pose a threat to the public health, safety, and welfare. Adequate fire and police protection is available to serve the project. Uses permitted and conditionally permitted within the proposed project are required to meet all Federal, State and local health and safety codes and regulations.
g. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

There is an existing, 9.61-acre Southern California Edison (SCE) easement on the western portion of the site. Part of the Specific Plan’s infrastructure plan includes the development of a new detention basin within this easement for the collection of project storm water flows. However, this will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision.
h. Any discharge of waste from the proposed subdivision into an existing sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

The proposed subdivision is served by an existing City sewer system and is required to comply with all requirements of the California Regional Water Quality Control Board.
i. The requirements of CEQA have been satisfied.

Pursuant to Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has prepared an Environmental Impact Report (“EIR”), SCH# 2023020290. Even after the adoption of all feasible Mitigation Measures as identified in the Mitigation Monitoring and Reporting Program (MMRP), certain significant or potentially significant environmental effects caused by the Project directly, or cumulatively, will remain and a Statement of Overriding Considerations is recommended to be adopted as part of the project.

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 and has

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prepared an Environmental Impact Report (“EIR”). The EIR was circulated for public review for 45 days from May 13, 2024 through June 27, 2024. A copy of the EIR was circulated through the State Clearinghouse (SCH# 2023020290), posted on the City’s website, and was available at the Irwindale Public Library, City Clerk’s Office, and Community Development Department. A copy of the EIR and Mitigation Monitoring and Reporting Program was posted on the project’s dedicated website https://www.irwindaleca.gov/590/13620-Live-Oak-Lane---Irwindale-Gateway-. The EIR for The Irwindale Gateway Specific Plan (State Clearinghouse (SCH) No. 2023020290), including the Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Considerations adequately describe the Project and its potential impacts, as well as the impacts potentially resulting from the approval of the Irwindale Gateway Specific Plan for the purposes of CEQA review, and the proposed Tentative Parcel Map is consistent with the analysis of the Project.

4. Based upon the substantial evidence and conclusions set forth herein above, this City Council hereby approves the Application subject to the conditions set forth in Exhibit “A” attached hereto and by this reference incorporated herein, which conditions are deemed necessary to protect the public health, safety and general welfare and are reasonable and proper in accordance with the intent and purposes of Title 16 and Title 17 of the Irwindale Municipal Code.

5. The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED AND ADOPTED this 22nd day of January 2025.

Larry G. Burrola, 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. 2025-05-3593 was adopted at a regular meeting of the

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Irwindale City Council held on the 22nd day of January 2025, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Exhibits:

A: Conditions of Approval

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EXHIBIT “A”
CITY COUNCIL RESOLUTION NO. 2025-05-3593
Tentative Parcel Map No. 83854
KP Irwindale Owner, LLC
13620 Live Oak Lane – The Irwindale Gateway Specific Plan A. GENERAL

1. Tentative Parcel Map No. 83854, a true and correct copy attached hereto, allows for the subdivision of the property, which will result in the creation seven (7) lettered parcels as described on the plans dated November 26, 2024.

2. The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, any approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map 83854, Irwindale Gateway Specific Plan, including the related EIR and/or related entitlements and ordinances approved in furtherance thereof. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

3. The use and improvements authorized by this Tentative Parcel Map shall conform to the plans as finally approved by the City as conditioned herein, and any appreciable modification of the plans or mode of operation, as determined by the City Engineer/Building Official and Community Development Manager/City Planner, shall require the prior approval of the City Council pursuant to the amendment of the Tentative Parcel Map.

4. The Applicant agrees to allow City inspectors access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes. Any and all fees required to be paid to any public agency shall be paid prior to obtaining any permits for this project.

5. The Applicant shall maintain and use the project location and facility thereon in full compliance with all codes, standards, policies and regulations imposed by the City, County, State, or Federal agencies with jurisdiction over the facility.

6. It shall be required that the subject location and its contents, including but not limited to, structures, fences or garden/block walls, and vehicles are maintained free and clear of any graffiti. The Applicant shall be held responsible for the immediate removal of any and all graffiti found on-site within 48 hours of its application.

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7. To the extent that lighting is governed by the Specific Plan, any inconsistencies shall be subject to the requirements of the IMC. Illumination intensity during hours of darkness shall be as follows:
• To illuminate parking lots or parking structures and their pedestrian links that provide more than five parking spaces for use by the general public, shall provide a minimum coverage of one foot-candle of light with a maximum of eight foot-candles on the parking or walkway surface, unless otherwise approved by the City of Irwindale for visibility and security. • To illuminate aisles and passageways within a Building complex, provide a maximum of one-half to one foot-candle of maintained lighting.

8. The premises will be secured with appropriate security lighting, and shall comply with the Specific Plan. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.

9. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this project are subject to protest by the applicant at the time of approval or conditional approval of the project, or within 90 days after the date of imposition of the fees, dedications, reservations, or exactions imposed on the project.

10. Property owner and/or their designee shall require tenants to provide information regarding their employees’ transportation to and from work, within one (1) year but no earlier than nine (9) months of the issuance of the tenant’s Occupancy Permit or when building occupancy reaches 85%, whichever occurs first. Each property tenant shall be required to provide the information to the Public Works/Engineering and Community Development Departments. Employee data may be collected by a survey, employee interview or other selected method and shall include the following information: 1) transportation mode(s) used to commute to work, 2) number of days mode used per week, 3) distance of round trip, and 4) city of origin. The results of the data collection shall be tabulated in a clear format. The results shall be submitted to the Public Works/Engineering and Community Development Departments within thirty (30) days of data tabulation. Noncompliance may be subject to enforcement action, including but not limited to penalties.

B. COMMUNITY DEVELOPMENT DEPARTMENT

1. The following conditions shall apply unless the item is addressed in the Specific Plan; in which case the Specific Plan shall govern.

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2. All landscaping for the project shall be drought resistant low water with drip irrigation, low flow bubblers and water efficient rotor heads where applicable.

Native plants shall be used where feasible.

3. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and are subject to the approval of the Community Development Director and the City Engineer. Landscape plans shall be consistent with the Commercial and Industrial Design Guidelines. Landscape plans shall be consistent with the Specific Plan. Vision clearance shall be maintained at all vehicle entrances and exits. Landscape planters throughout the site shall incorporate river rock.

4. Project landscaping shall comply with Irwindale Municipal Code Chapter 15.30, “Water Efficient Landscape Standards and Guidelines.”

5. A complete, permanent, automatic irrigation system shall be provided for all landscaped areas.

6. All landscaped planters shall be surrounded by a six (6) inch horizontal concrete curb.

7. The following invasive plants shall not be used in landscaping:
• Carpobrotus edulis (ice plant)
• Hedera helix, H. Hibernica, H. caneriensis (English ivy, Irish ivy, Algerian ivy • Vinca Major (periwinkle)
• Pennisetum setaceum and all cultivars and varieties (fountain grass) • Cortaderia selloana, C. jubata and all cultivars and varieties (pampas grass) • Retama monosperma, Genista monspessulana, Cytisus striatus,Cytisus scoparius, and Spartium junceum (broom – bridal, French, Portuguese, Scotch, Spanish)
• Acacia Cyclops (acacia or western coastal wattle)
• Myoporum laetum (myoporum)
• Washingtonia robusta and Phoenix canariensis (Mexican fan palm and Canary Island date palm)
• Schinus terevinthifolius (Brazilian pepper)
• Eucalyptus globules, E. camaldulensis (eucalyptus, blue gum, and red gum)

8. All plant material, including trees, shall be maintained in good condition and replaced in the event they die or become diseased.

9. All perimeter fencing, block walls, etc. shall be maintained in satisfactory condition in accordance with all applicable codes.

10. All utility equipment such as backflow units and transformers shall be screened with evergreen screen shrubs as allowed.

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11. BESS shall be screened with an 8’-0” high wall where in sight of proximal portions of Live Oak Avenue or Live Oak Lane at Specific Plan build-out.

12. Any masonry walls and gates shall be decorative consistent with the design criteria set forth in the Specific Plan. The design of the walls and gates shall be subject to the review and approval of the Community Development Department.

13. All building design and construction, including the type, texture, color, and durability of the exterior building materials shall comply with the design criteria set forth in the Specific Plan.

14. Trash enclosures (6’-0” high min.) with solid metal self-closing and self-latching gates shall be provided. The enclosures shall be covered and built with decorative materials to match the type, texture, and color of the materials used in the construction of the buildings. Gates shall remain closed at all times when the trash receptacles are not in use.

15. All rooftop mechanical equipment, including heating and air conditioning units, antennas, and other electronic devices, shall be completely and decoratively screened from view from all public rights of way and adjacent properties and shall be integrated into the design and construction of the buildings1. All rooftop equipment and screening shall be shown on the plans and elevations, and shall be consistent with the building design and construction materials in texture and color. Such rooftop equipment screening shall be subject to the review and approval of the Community Development Department.

16. The street numbers for the development shall be painted on the rooftop of each building in such a manner that it is clearly visible to public safety personnel and shall be a minimum five (5) feet in length painted with minimum one (1) foot wide brush strokes. Rooftop numbers shall be shown on the plans submitted for plan check.

17. A lighting plan shall be submitted for approval by the Community Development Manager/City Planner describing lighting fixtures for parking lot and building exterior lighting. Lighting fixtures shall be designed to shield light and/or directs light in a downward direction to minimize light spillover to adjacent residential areas.

18. Applicant shall obtain approval from the Community Development Director or their designee for a comprehensive sign program for all project signs prior to construction or installation of any signs on the project site.

19. The Applicant shall comply with the provisions of Irwindale Municipal Code Chapter 17.66, “Trip Reduction and Travel Demand Measures.” All required trip 1 Photovoltaic equipment is exempt from this requirement.

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reduction and travel demand measures applicable to the project pursuant to Chapter 17.66 shall be indicated on plans at the time of plan check.

20. A chain link fence with green screening shall be installed and maintained around the perimeter of the site at all times during construction.

21. Applicant shall at all times comply with the Irwindale Municipal Code Noise Standards (as may be amended) as measured at the Site boundary. Additionally, if noise impacts exceed the applicable noise standard contained in the Irwindale Municipal Code, Applicant shall take necessary actions and implement procedures to bring the operations into compliance with this Code.

22. To the extent feasible, Applicant shall participate in Southern California Edison’s “Savings by Design” program.

23. Development shall adhere to all Mitigation Measures identified in the adopted Mitigation Monitoring and Reporting Program (MMRP), made a part of the Final Environmental Impact Report (SCH# 2023020290) associated with the project in compliance with the California Environmental Quality Act (CEQA).

24. The Applicant shall prepare Covenants, Conditions and Restrictions (CC&Rs) for the development, subject to the review and approval of the City Engineer, Community Development Department, and the City Attorney.

25. Cultural Resources. If a potential Native American resource is uncovered during ground disturbance activities, the Applicant shall halt work in the immediate area of the find, promptly inform the Community Development Department of the suspected presence of that Native American resource, cease earth-disturbing activities in proximity thereto, and retain a qualified professional archaeologist and a culturally-affiliated Native American monitor acceptable to the City for the purpose of examining the potential Native American resource in order to determine whether it is a “tribal cultural resource” as defined in Section 21074(a) of the Public Resources Code (PRC) and/or a “unique cultural resource” as defined in Section 21083.2(g) of the PRC. No additional ground disturbance activities shall occur in the immediate location of the potential Native American resource until all information recovery has been completed, a report filed with the City, and that report made available to interested representatives of Native American tribes that are traditionally and culturally affiliated with the project area.

26. Any future private street/drive shall be subject to City review and approval.

Applicant shall be responsible for the design and installation of all required off-site signage related to Irwindale Gateway Specific Plan development.

27. This project shall be subject to Development Impact Fees.

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C. FIRE DEPARTMENT

FINAL MAP REQUIREMENTS

FAILURE TO COMPLY WITH THE FINAL MAP REVIEW PRIOR TO

RECORDATION, MAY RESULT IN THE BUILDING PLANS NOT BEING

APPROVED DURING THE FIRE DEPARTMENT FIRE PREVENTION
ENGINEERING SECTION BUILDING PLAN REVIEW.

1. The Final Map shall be submitted to our office for review and approval prior recordation. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.

2. The Private Driveways proposed as private streets for access throughout the development shall be labeled as "Private Driveway” on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as “Fire Lane" on the Final Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement is required for all private driveways.

Compliance required prior to Final Map clearance.

3. A common access agreement shall be required for the private driveway since multiple units are sharing the same access. Such language shall be included in the Covenant, Conditions and Restrictions (CC&R) document and shall be submitted to the Fire Department for review prior to Final Map clearance.

4. Fire hydrant improvement plans shall be submitted for review and approval prior final map clearance.

WATER SYSTEM REQUIREMENTS

5. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal and shall be installed in accordance with the County of Los Angeles Fire Code.

6. The required fire flow for the public fire hydrants for this project is 4,000 GPM at 20 psi residual pressure for four (4) hours.

7. All required PUBLIC fire hydrants shall be installed, tested, and accepted prior to beginning construction. Fire Code 501.4.

8. Install 13 new public fire hydrants as Indicated on the Tentative Map.

9. Additional private on-site fire hydrants will be required during the building plan check phase. All required private on-site fire hydrants shall be installed, tested, and approved prior to building occupancy. Fire Code 901.5.1.

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10. All on-site fire hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. Exception: For fully sprinkled multi-family structures, on-site hydrants may be installed a minimum of 10 feet from the structure. Indicate compliance prior to project proceeding to the public hearing process. Fire Code Appendix C106.1.

11. The required fire flow for the on-site fire hydrants is 2,500 GPM at 20 psi residual pressure for two (2) hours.

12. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction.

D. PUBLIC WORKS/ENGINEERING

STREETS

1. All off-site improvements within the Public Right-of-Way shall be performed in accordance with City Standards to the satisfaction of the City Engineer.

Construction plans shall be reviewed and approved by the City Engineer.

2. The owner/developer shall dedicate and construct full width improvements (60 foot right of way, 40’ curb to curb) on Live Oak Lane and bear the full cost of design, engineering, installation, construction management and inspection. All improvements shall be constructed in accordance with the City standards to the satisfaction of the City Engineer. Construction plans shall be reviewed and approved by the City Engineer.

3. Adequate “on-site” parking shall be provided per City requirements.

4. The owner/developer shall reimburse the City for the actual cost for the installation, replacement or modification of traffic control signs, striping and pavement markings required in conjunction with the development.

5. The owner/developer shall design and construct ADA accessible driveway approaches, sidewalks, and curb ramps and remove all existing driveways and parkway drains along Live Oak Lane and frontage of Live Oak Avenue. All improvements shall be constructed in accordance with the City standards to the satisfaction of the City Engineer.

6. The owner and/or developer shall remove and reconstruct all damaged or deficient sidewalk, driveways, curb and gutter as directed by the City Engineer.

7. The owner/developer shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction-related

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activities, including, but not limited to, the movement and/or delivery of equipment, materials and soil to and/or from the site.

8. The owner/developer shall bear the full cost of installing streetlights and/or upgrading the existing streetlights along Live Oak Avenue frontage and Live Oak Lane to more energy-efficient fixtures (LED). Street lighting upgrade shall meet the City of Irwindale and County of Los Angeles Street Lighting Design Standards.

9. Street right-of-way shall be dedicated to the City of Irwindale as follows:
a. Two-foot right-of-way along Live Oak Avenue at the project frontage for public sidewalk.
b. Right-of-way as required at the intersections of Live Oak Lane and Arrow Highway and Live Oak Lane and Live Oak Avenue sidewalk, intersection and roadway improvements and traffic signals.
c. Right-of-way along Live Oak Lane for a public alley fronting APN’s 8532- 002-020, 8532-002-040, 8532-002-043, 8532-002-036, 8532-002-019, and 8532-002-027.

CITY UTILITIES

10. Storm drains, catch basins, connector pipes, and appurtenances for the sitespecific storm drain system shall be designed and constructed in accordance with Los Angeles County standards and the City Engineer’s requirements. The owner/developer shall submit grading and drainage plans to the City Engineer for review and approval. The grading and drainage plans shall be prepared by a licensed civil engineer and comply with Los Angeles County grading permit requirements. A hydrology study shall be included with the drainage plan.

11. The owner/developer shall pay for the entire cost for the design, engineering construction and inspection of any upgrade to the water main and connections as required by the serving water company for the proposed development.

12. The owner/developer shall obtain a Storm Drain Connection Permit from the City of Irwindale and/or Los Angeles County Flood Control District for connection(s) to the existing storm drain system.

13. Fire hydrants shall be installed as required by the Fire Department. Existing public fire hydrants adjacent to the site, if any, shall be upgraded if required by the City Engineer and/or Fire Department.

14. Sanitary sewers shall be constructed in accordance with City specifications to serve the subject development. The plans for the sanitary sewers shall be

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approved by the City Engineer. A sewer study shall be submitted along with the sanitary sewer plans.

15. Prior to the issuance of building permits, the owner/developer shall provide a willserve letter from the water utility provider to the City.

TRAFFIC

16. All points of access to the proposed development shall be reviewed and approved by the City Engineer. Project driveways on Live Oak Avenue may be required to allow only right-in and right-out movements. Proper signage shall be installed on the project site.

17. Owner/developer shall bear the full cost to design and install a new traffic signal at the intersection of Live Oak Avenue and Live Oak Lane. The improvements shall consist of all necessary traffic signal equipment, signal timing, lane configuration, vehicle detection and striping. Plans shall be reviewed and approved by the City Engineer.

MAPPING

18. Final parcel map shall be prepared and submitted to the Public Works Engineering Department for review and approval. The applicant shall be responsible for all fees associated with the review and processing of the final map. The developer shall comply with Los Angeles County’s Digital Subdivision Ordinance (DSO) and submit final maps to the City and County in digital format.

19. The owner/developer, under the direction of a certified land surveyor and at no cost to the City, shall install all required property boundary monuments, centerline ties and City monuments subject to the City Engineer's approval.

20. The owner/developer shall provide, at no cost to the City, one mylar print of the recorded parcel map from the County of Los Angeles Department of Public Works.

21. An Easement Agreement for all easements (e.g., roadway, reciprocal access; surface drainage; utilities, etc.) shall be prepared for each parcel, and shall be executed and recorded in the Office of the Los Angeles County Recorder. Such agreements and any CC&Rs shall be subject to the approval of the City Attorney, City Planner and City Engineer.

MISCELLANEOUS

22. The owner/developer shall comply with all requirements of the County Sanitation District, make application for and pay the sewer maintenance fee.

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23. A grading plan shall be submitted for grading/drainage approval to the City Engineer. The owner shall pay grading/drainage review fees in conjunction with this submittal. A professional civil engineer registered in the State of California shall prepare the grading plans under the current Irwindale adopted Building Codes at the time of submittals.

24. The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from their website at:
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml.

The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan (“SUSMP”), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.

25. Unless exempted by the Los Angeles Regional Water Quality Control Board, a Covenant and Restriction ensuring the provisions of the approved SWPPP shall also be required.

26. Any changes to the site plan shall be reviewed and approved by the City Engineer.

27. Prior to the approval of the Tract Map the owner/developer shall either construct or post security for all public improvements to be shown on the Tentative Map 83854 and items listed under Public Works/Engineering.

28. Prior to the issuance of a building permit, the project site shall be graded and backfilled to the adjacent street grade elevation, subject to the review and approval of the City Engineer/Building Official.

E. PUBLIC WORKS SERVICES

1. All walls that face the public right-of-way shall implement anti-graffiti management practices (such as planting vines on the walls). Applicant shall be responsible for graffiti removal to all walls that face the public right-of-way in a timely manner.

2. Onsite trash enclosure areas shall have sufficient space for solid waste and organic waste receptacles and shall be covered from the elements with a solid roof

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structure per Title 14, Division 7, Section 17313 of the California Code of Regulations and Building Code Manual County of Los Angeles Department of Public Works Building and Safety Division 312 Article 2.

3. Tenants must adhere to the SB 1383 regulations set forth by CalRecycle under California Code of Regulations Title 14, Division 7, Chapter 3 and outlined in the Irwindale Municipal Code Section 08.22 Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste, which includes the diversion of edible food to food recovery organizations and services.

4. The owner and/or applicant shall remove and reconstruct all damaged, deficient, or substandard sidewalk, driveways, curb, and gutter as directed by the Director of Engineering and the Public Services Director.

5. The owner and/or applicant shall resurface the entire private road/alley and any roadway that will be dedicated public right-of-way (Live Oak Lane) to its entirety and restripe limit line/STOP.

6. The owner and/or applicant is responsible for obtaining encroachment permit(s) from the City prior to commencing any type of work in the public right-of-way.

7. Any work within easements on the project site shall require proper approval and permits from the easement holder (City of Irwindale, County of Los Angeles, Southern California Edison, etc.).

8. Vehicles shall not block the sidewalk or be parked on the public right-of-way along property frontage.

9. All pedestrian and approach ramps in the public right-of-way shall meet ADA requirements. Pedestrian ramps shall have brick red truncated domes in the public right-of-way.

10. The tenant and owner of the property are responsible for the removal of any accidental or illegal dumping of debris on private property. It is not the responsibility of the City of Irwindale to remove any accidental or illegal dumping of items from private property.

11. All utilities and signs within the public right-of-way shall meet horizontal and vertical ADA clearance requirements.

12. Any landscaping, including an irrigation system, in the public right-of-way or any property that is dedicated to the City of Irwindale for maintenance purposes must be approved by the Public Services Director, or designee, as part of the permitting process. Property owner is required to maintain at its sole expense all landscaping in the public right-of-way, including the parkway.

ATTACHMENT “J”
TENTATIVE PARCEL MAP NO. 83854
https://www.irwindaleca.gov/DocumentCenter/View/10699/
TPM-83854-11262024

ATTACHMENT “K”

SITE PLAN OPTIONS
OPTION 1
https://www.irwindaleca.gov/DocumentCenter/View/9649/
Option-1-Site-Plan
OPTION 2
https://www.irwindaleca.gov/DocumentCenter/View/9650/
Option-2-Site-Plan

ATTACHMENT “L”

PROJECT IMAGES
https://www.irwindaleca.gov/DocumentCenter/View/9648/
Planning-Commission-PresentationProject-Images---
10212024

ATTACHMENT “M”
FISCAL IMPACT REPORT (12/30/2022)
https://www.irwindaleca.gov/DocumentCenter/View/9651/Fisc al-Impact-Summary-Irwindale-Gateway-Project-12-30-22

www.FinanceDTA.com
Newport Beach | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa

SUMMARY MEMORANDUM
December 30, 2022
To: Jeff Dritley and Steven Hillgren, Kearny Real Estate Company Sam Holing, Aypa Power
From: Kuda Wekwete, Jerry Wen, and Jeffrey Wright, DTA
Subject: Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project Enclosed for your review is an Executive Summary of a Fiscal Impact Analysis (“FIA”) evaluating the Irwindale Gateway project (the “Project”) being proposed by Kearny Real Estate Company and Aypa Power (together, the “Project Proponent”) in the City of Irwindale (the “City”) located in Los Angeles County (the “County”). The intent of this memorandum (“memo”) is for DTA to provide a brief summary of the projected fiscal impacts to the City’s General Fund that would result from the development of the Project. The specific purpose of this analysis is to determine whether the Project will fully pay for all of the services that it will be receiving from the City.

A Description of the Project Site and Project Use
As depicted in Figure 1 below, the Project site encompasses approximately 50 acres of a gravel quarry mined to 180 feet below grade and filled with inert materials. It is located immediately south of Arrow Freeway, east of Freeway 605, north of Live Oak Avenue, and west of Live Oak Lane. The proposed redevelopment would rehabilitate the site and make it suitable for light industrial uses. As illustrated in the conceptual site plans below, the Project is proposed to consist of a 400-megawatt (“MW”) battery energy storage system (“BESS”) and two light industrial buildings with 750,510 square feet of warehousing space for local and regional distribution.

Figure 1: Project Site and Conceptual Site Plan

2 Kearny Real Estate Company December 30, 2022
Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project Figure 2: Conceptual Site Plan for BESS Component

B Analytic Methodology and Assumptions
Notably, only recurring revenues and costs are analyzed in the model. Costs that are considered non-recurring, such as capital expenditures, are excluded from the analysis.

This is because new development is generally required to construct its own new capital improvements, such as roads or parks, or pay Development Impact Fees (“DIFs”) that enable the City or some other developer to construct these improvements. As these are considered to be “one-time” costs that will not recur, there is no expectation that new development will need to pay for these capital expenditures a second time. Likewise, revenues that are considered to be non-recurring, such as DIFs paid by developers, are also excluded from the model. In sum, the model reflects the estimated recurring annual deficit or surplus to the City’s General Fund that will result from the development of the Project.

3 Kearny Real Estate Company December 30, 2022
Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project DTA chooses its analytical assumptions in accordance with industry standards and documents those decisions carefully. The list provided below explains how some of these assumptions were derived.

Discounting Revenues: Certain revenues are not expected to increase one-to-one with new development. Thus, 20%, 25%, and 75% discount rates have been applied to various General Fund revenues to reflect the estimated ratio of fixed revenues (not impacted by future development) to variable revenues. In addition, DTA conservatively applies a 100% discount on the intergovernmental revenues received by the City given that the allotment of such revenues generally involves complex socioeconomic and demographic factors that are difficult to forecast.

Discounting Expenses: Certain service costs are not expected to increase one-to-one with new development. Thus, 50%, 75%, and 95% discount rates have been applied to various General Fund expenditures to reflect the estimated ratio of fixed expenditures (not impacted by future development) to variable expenditures.

Square Feet per Employee (“SF/E”): DTA utilizes an approximation of 1,650 SF/E based on the standard estimate for warehouse use by Beacon Economics LLC of the UC Riverside Center for Economic Forecasting.

Tax Sharing (Secured Property Taxes): Property tax revenue estimates were derived using apportionment factors provided by the County Auditor-Controller as applied to the general 1% ad valorem property tax levy. Total secured property tax revenues received by the City from the proposed Project will equal approximately 9.77% of the basic 1% [Proposition (“Prop”) 13], net of the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts.

Property Tax In Lieu of Vehicle License Fees (“VLFs”): Per California Revenue and Taxation Code §97.70, the property tax in lieu of VLF amount now increases in proportion to the growth rate of the Citywide gross assessed valuation of taxable property from the prior fiscal year. Property taxes in lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes of this FIA at $0.06 per $1,000 increase in assessed valuation on a Citywide basis.

For additional details regarding the specific assumptions and methodology utilized to calculate the fiscal impacts for the Project, please refer to Attachment 1.

C City General Fund --- Net Fiscal Impact Summary
As listed in Table 1, the overall net fiscal impact to the City's General Fund resulting from the revenues anticipated to be generated by the Project's build-out, as compared with the cost of public services associated with the Project's build-out, will be an annual recurring fiscal surplus of $1,084,871. Annual recurring revenues generated by the Project are forecasted to equal approximately 5.51 times the General Fund costs associated with the Project.

4 Kearny Real Estate Company December 30, 2022
Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project Table 1: General Fund Net Fiscal Impact Summary

As reflected in Figure 2, the largest projected City General Fund revenue sources attributable to the Project at build-out are property taxes (including property tax in lieu of VLFs) (79.1%) and utilities users’ tax (12.4%). Conversely, the largest projected City General Fund expenditures will be for the police (44.5%) and general government (20.4%), as depicted in Figure 3.

5 Kearny Real Estate Company December 30, 2022
Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project Figure 3: Recurring General Fund Revenues at Project Build-Out Broken Down by Source Figure 4: Recurring General Fund Expenditures at Project Build-Out Broken Down by Source

D Possibility of Point-of-Sale Fulfillment Centers (‘‘POS FCs’’) on the Project Site POS FCs can be a major generator of sales tax revenues for the municipality in which they are located. There has been considerable discussion surrounding the issue of sales tax collection from online retailers associated with fulfillment centers. A fulfillment center is a physical location from which a logistics provider, who may be a third party, directly fulfills customer orders for e-commerce retailers. These centers exist to distribute online orders directly to retail customers in a timely fashion and generate revenues that are considered POS revenues. California law, culminating with the 2019 Marketplace Facilitators Act, allows operators of fulfillment centers such as Amazon to designate a POS that permits them to direct 100% of their share of sales tax revenues for “taxable sales” to a pre-determined city in which they have a physical presence. However, not all retail sales are considered taxable within California. For example, there is no sales tax paid in California on purchases from fulfillment centers made by residents or businesses located outside of the State, nor are there sales taxes imposed for groceries or pharmaceutical drugs sold inside or outside of the State. In addition, some retailers may request that they retain a share of sales taxes from a local municipality in return for locating their fulfillment centers in a specific community.

6 Kearny Real Estate Company December 30, 2022
Fiscal Impacts Resulting from the Proposed Irwindale Gateway Project Based on studies performed by Prologis Research, distribution facilities used as fulfillment centers by e-commerce retailers support annual sales of up to $1,000 per building square foot. Given that e-commerce retail sales in the United States grew by 102% from 2014 to 2019, even prior to the COVID pandemic, the demand for fulfillment center space has been increasing exponentially. Surveys performed by Coldwell Banker Real Estate and Prologis Research prior to COVID indicated that 30% to 40% of the users of new warehouse space were specifically looking for space for fulfillment center(s).

However, as explained above, the total taxable sales generated by any given fulfillment center is difficult to gauge as each is heavily dependent on the specific tenant and the volume and prices of the taxable goods shipped from that location to California residents or business. For illustrative purposes only, assuming 100% of the warehouse space (750,510 square feet) on the Project site are occupied by marketplace facilitator(s), such as Amazon, QVC, Uline, Staples, etc., and that one-half of the potential sales ($500 per square foot) would ultimately generate sales taxes, the Project would annually generate a significant amount of direct sales taxes ($6.57 million). DTA conservatively assumes that 30% of those sales taxes ($1.97 million) will be apportioned to the City based on a recent Sales Tax Apportionment Agreement entered between the California Department of Tax and Fee Administration and Amazon FC, which owns or leases fulfillment centers located throughout much of the State.

Notably, given that the Project proponent is pursuing the proposed industrial building(s) on a speculative basis and the future occupant(s) of the Project are unknown at this time, the Project proponent cannot promise a POS FC on the Project site.

If you have any further questions regarding this Executive Summary, please feel free to contact DTA at (800) 969-4DTA.

Enclosures:

1. Attachment 1 – FIA

ATTACHMENT 1
Kearny Real Estate Company
Irwindale Gateway Project
FIA

ATTACHMENT 1-A
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

CITY GENERAL FUND REVENUES (BY TYPE)
I Demographics and Other Data
2022 Estimated City Population [1] 1,490
2022 Estimated City Employees [2] 16,200
2022 Persons Served Population [3] 9,590
Notes:
[1] California Department of Finance, Housing and Population Information, January 1, 2022. [2] City of Irwindale Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021.

II City Revenue Sources (by Type)
Total
Revenues
Revenue
Type
Fiscal Impact
Basis Discount
Fiscal Impact
Revenue
Factor
Tax Revenue $16,333,923 Persons Served $0.00
Property Tax - Exclude In-Lieu of VLF $2,029,923 Recurring Case Study 0% NA Sales Tax $4,497,000 Recurring Case Study 0% NA
Measure I $2,722,000 Recurring Case Study 0% NA
Mining Tax $3,685,000 Recurring Case Study 0% NA
Utility Users' Tax $3,400,000 Recurring Case Study 0% NA Business Licenses $1,558,929 Recurring Per Employee 20% $76.98 Franchise Fees $1,522,261 Recurring Persons Served 20% $126.99 Building/Planning/Engineering Fees $4,100,000 Non-Recurring NA 0% NA Licenses and Permits $534,330 Recurring Persons Served 25% $41.79 VLF/Property Tax Compensation $159,937 Recurring Case Study 0% NA Fines and Forfeitures $157,000 Recurring Persons Served 20% $13.10 Intergovernmental $14,700 Non-Recurring NA 0% NA
Use of Money and Property $777,000 Recurring Persons Served 25% $60.77 Miscellaneous $2,946,550 Recurring Persons Served 75% $76.81 COVID Reimbursement $173,000 Non-Recurring NA 0% NA
$28,277,630 NA NA NA NA
Total Recurring Revenues $23,989,930 NA NA NA NA
[3] Assumes City population plus 50% of employees.

Revenue Type
Total Revenues

ATTACHMENT 1-B
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

CITY GENERAL FUND EXPENDITURES (BY TYPE)
I Demographics and Other Data
2022 Estimated City Population [1] 1,490
2022 Estimated City Employees [2] 16,200
2022 Persons Served Population [3] 9,590
Notes:
[1] California Department of Finance, Housing and Population Information, January 1, 2022. [2] City of Irwindale Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021. [3] Assumes City population plus 50% of employees.

II City Expenditures (by Type)
Total
Expenditures
Expenditure
Type
Fiscal Impact
Basis Discount
Fiscal Impact
Expenditure
Factor
General Government
City Council $401,780 Recurring Case Study 0% NA
City Manager $94,400 Recurring Case Study 0% NA
City Clerk $274,920 Recurring Case Study 0% NA
Finance $948,150 Recurring Case Study 0% NA
Administrative Services $961,080 Recurring Case Study 0% NA Economic Development $130,770 Recurring Case Study 0% NA Community Development $381,110 Recurring Case Study 0% NA Housing $251,770 Recurring Case Study 0% NA
Legal Services $255,000 Recurring Case Study 0% NA
Information Technology $334,795 Recurring Case Study 0% NA Public Information $58,460 Recurring Case Study 0% NA
Human Resources/Risk Management $3,159,700 Recurring Case Study 0% NA Non-General Government
Police $8,964,040 Recurring Persons Served 50% $467.36
Public Works - Engineering/Capital Project $6,113,550 Recurring Persons Served 75% $159.37 Public Services $2,661,835 Recurring Persons Served 50% $138.78 Senior Center $965,050 Recurring Persons Served 95% $5.03 Recreation $1,844,150 Recurring Persons Served 75% $48.07 Library $686,470 Recurring Persons Served 75% $17.90
$28,487,030 NA NA NA NA
Total Recurring Expenditures $28,487,030 NA NA NA NA
Expenditure Type
Total Expenditures

ATTACHMENT 1-C
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

LAND USE AND DEMOGRAPHICS SUMMARY
I Developable Land Use Description
A Projected Non-Residential Land Uses Building Sq. Ft. [1] Warehouse 750,510
Battery Energy Storage System NA
I Non-Residential Land Use Employee Generation
A Projected Non-Residential Land Uses Sq. Ft. per Employee Warehouse [2] 1,650
Battery Energy Storage System NA
I Projected Direct Employees
A Projected Non-Residential Land Uses Building Sq. Ft. Total Direct Employees Warehouse 750,510 455
Battery Energy Storage System [3] 0 4
I Total Projected Residential Population 0
II Total Projected Direct Employees 459
III Total Persons Served Population [4] 229
NOTES:
[1] Source: Project Proponent.
[2] Source: Beacon Economics LLC of the UC Riverside Center for Economic Forecasting. [3] Source: Project Proponent.
[4] An employee is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. * All figures subject to rounding
Population and Employees (Totals)
Future Land Use Data
Demographic Data
Population and Employees (Calculations)

ATTACHMENT 1-D
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

PROPERTY TAX REVENUE ANALYSIS
I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City
General Fund 9.771577%
Total 9.771577%
I Non-Residential Land Uses
A Warehouse
Estimated Number of Sq. Ft. [2] 750,510
Estimated Valuation per Sq. Ft. [3] $500
Total Estimated Net Taxable Value $375,255,000
B Battery Energy Storage System
Estimated Number of Sq. Ft. [2] 0
Estimated Valuation per Sq. Ft. NA
Total Estimated Net Taxable Value [3] $550,000,000
II Total Land Use Net Taxable Value (Includes Takeout from Homeowner's Exemption) $925,255,000 I Unsecured Property Taxes - Assumptions [4]
A Unsecured Taxes as a % of Secured
Residential Property 2.50%
Non-Residential Property 10.00%
II Property Tax Transfer - Assumptions [5]
A Turnover Rate
Residential Property 0.00%
Non-Residential Property 0.00%
B Other Assumptions
Transfer Tax as a % of Assessed Value 0.11%
Property Transfer Tax Passed Through to City of Irwindale 50.00% III Motor Vehicle Licensing Fees - Assumptions
Vehicle Licensing Fees per Capita NA
IV Property Tax In-Lieu of Vehicle License Fee - Assumptions Total City of Irwindale Gross Assessed Value [6] $2,764,377,645 City of Irwindale Property Tax In-Lieu of Vehicle License Fee [7] $159,937 Property Tax In-Lieu of Vehicle License Fee Increase per $1,000 Assessed Value $0.06 I Fiscal Impact Category Annual Fiscal Impact Amount
A Secured Property Tax
A.1 Projected Non-Residential Land Uses
Warehouse $366,683
Battery Energy Storage System $537,437
General Property Tax Assumptions
Assessed Valuation Assumptions
Other Property Tax Revenue Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-D
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

PROPERTY TAX REVENUE ANALYSIS
B Unsecured Property Tax
B.1 Projected Non-Residential Land Uses
Warehouse $36,668
Battery Energy Storage System $53,744
C Property Transfer Tax
C.1 Projected Non-Residential Land Uses
Warehouse $0
Battery Energy Storage System $0
D Property Tax In-Lieu of Vehicle License Fee [8]
Projected Residential and Non-Residential Land Uses $53,291 II Total Property Tax Revenues $1,047,823
NOTES:
[1] Based on "City of Irwindale" levy for Tax Rate Area (TRA). Data provided by the County of Los Angeles Auditor-Controller's Office. TRA allocations adjusted for ERAF.
[2] Please see Attachment 1-C. Subject to change.
[3] Source: Project Proponent.
[4] Based on typical DTA baseline assumptions.
[5] Project Proponent plans to own the Project for an extended period. [6] Source: California Revenue & Taxation Code §11901, et seq.; [7] Source: City of Irwindale Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021. [8] Property Tax in-lieu of Vehicle Licensing Fees applies to incremental property value.

Current estimated land value of Project site of $4,160,992 excluded from calculation. * All figures subject to rounding

ATTACHMENT 1-E
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

SALES TAX REVENUE ANALYSIS
I Indirect Sales Tax Assumptions - Employees
Annual Spending per Employee [1] $897
II Retail Taxable Sales Capture
City of Irwindale Retail Taxable Purchase Capture [2] 50% I Non-Residential Direct Sales Tax Assumptions
A Non-Residential Land Uses Taxable Sales per Sq. Ft
Warehouse $0.00
Battery Energy Storage System $0.00
II Displaced Taxable Sales
Displaced Existing Taxable Sales within the City of Irwindale [3] 15% I Percent to the City of Irwindale
City of Irwindale Municipal Code §3.12.030 1.00%
Measure I 0.75%
Total 1.75%
I Fiscal Impact Category Annual Fiscal Impact Amount
A Indirect Sales Tax
A.1 Employee Taxable Sales
Direct Employees $3,600
B Direct Sales Tax
B.1 Projected Non-Residential Land Uses
Warehouse $0
Battery Energy Storage System $0
II Total Sales Tax Revenues $3,600
NOTES:
[1] Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office-Worker Retail Spending in a Digital Age," ICSC (2012).

Adjusted for inflation assuming 3% annual inflation rate. [2] Based on typical DTA baseline assumptions.
[3] Based on typical DTA baseline assumptions.
* All figures subject to rounding
Indirect Sales Tax Assumptions
Direct Sales Tax Assumptions
Other Sales Tax Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-F
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

UTILITY USERS' TAX REVENUE ANALYSIS
I Utility Usage Assumptions
Telephone Electricity Natural Gas Water
A Non-Residential Land Uses ($ per Business) [1] (kWh per Sq. Ft.) [2] (Cu. Ft. per Sq. Ft.) [3] (Gal. per Worker) [4] Warehouse $11,700 4.8 25.5 10,900
II Energy Price Assumptions
A Non-Residential Land Uses
Electricity Costs per kWh [5] $0.1181
Natural Gas Rate per 1,000 Cu. Ft. [6] $13.01
Water Rate per 748 Gallons [7] $2.60
I Non-Residential Land Uses
A Warehouse
Telephone $58,500
Electricity $425,449
Natural Gas $248,985
Water $17,233
B Battery Energy Storage System
Electricity [8] $1,442,593
I Utility Users' Tax Rate Assumptions
Telephone (Municipal Code §3.16.020) 7.50%
Electricity (Municipal Code §3.16.030) 7.50%
Natural Gas (Municipal Code §3.16.040) 7.50%
Water (Municipal Code §3.16.050) 7.50%
I Fiscal Impact Category Annual Fiscal Impact
Amount
A Utility User's Tax - Telephone
A.1 Non-Residential Land Uses
Warehouse $4,388
Battery Energy Storage System $0
B Utility User's Tax - Electricity
B.1 Non-Residential Land Uses
Warehouse $31,909
Battery Energy Storage System $108,194
C Utility User's Tax - Natural Gas
C.1 Non-Residential Land Uses
Warehouse $18,674
Battery Energy Storage System $0
D Utility User's Tax - Water
D.1 Non-Residential Land Uses
Warehouse $1,293
Battery Energy Storage System $0
II Total Utility Users' Tax Revenues $164,457
NOTES:
[1] Based on the current base cost of AT&T Business Unlimited Enhanced with 5 lines. [2] Source: Commercial Buildings Energy Consumption Survey, Table C15, 2012. [3] Source: Commercial Buildings Energy Consumption Survey, Table C25, 2012. [4] Source: Commercial Buildings Energy Consumption Survey, Table W1, 2012. [5] Source: https://www.electricitylocal.com/states/california/west-covina/. [6] Source: https://www.naturalgaslocal.com/states/california/west-covina/. [7] Source: Valley County Water District.
[8] Source: Project Proponent.
* All figures subject to rounding
Utility Assumptions
Gross Utility Receipts
Utility Users' Tax Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-G
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

MULTIPLIER REVENUE SOURCES ANALYSIS
I Revenue Category Multiplier Factor [1] Revenue Projection Basis Business Licenses $76.98 Per Employee
Franchise Fees $126.99 Persons Served
Use of Money and Property $60.77 Persons Served
Licenses and Permits $41.79 Persons Served
Fines and Forfeitures $13.10 Persons Served
Miscellaneous $76.81 Persons Served
I Fiscal Impact Category Annual Fiscal Impact Amount
Business Licenses $35,323
Franchise Fees $29,081
Use of Money and Property $13,916
Licenses and Permits $9,570
Fines and Forfeitures $3,000
Miscellaneous $17,589
II Total Multiplier Revenues $108,479
NOTES:
[1] Source: City of Irwindale Annual Budget FY 2022-2023. * All figures subject to rounding
Multiplier Revenue Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-H
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

INVESTMENT INCOME REVENUES ANALYSIS
I Investment Income Assumptions
Investment Period for Recurring Non-Interest General Fund Revenues 1 Month Local Agency Investment Fund (LAIF) Rate of Return [1] 2.06% Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1] 50.00% I Fiscal Impact Category Annual Fiscal Impact Amount
Total Property Tax Revenues (Attachment 1-D) $1,047,823 Total Sales Tax Revenues (Attachment 1-E) $3,600
Total Utility Users' Tax Revenues (Attachment 1-F) $164,457 Total Multiplier Revenues (Attachment 1-G) $108,479
II Projected Recurring General Fund Revenues Available for Investment $1,324,359 III Plus: Investment Income (Less Earnings Cost) $1,138 IV Total Recurring General Fund Revenues $1,325,497
NOTES:
[1] Estimate. Subject to change.
* All figures subject to rounding
Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-I
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

MULTIPLIER EXPENDITURES ANALYSIS
I Expenditure Category Multiplier Factor [1] Expenditure Projection Basis Police $467.36 Persons Served
Public Works - Engineering/Capital Project $159.37 Persons Served Public Services $138.78 Persons Served
Senior Center $5.03 Persons Served
Recreation $48.07 Persons Served
Library $17.90 Persons Served
I Fiscal Impact Category Annual Fiscal Impact Amount
Police $107,025
Public Works - Engineering/Capital Project $36,496
Public Services $31,781
Senior Center $1,152
Recreation $11,008
Library $4,099
II Total Multiplier Expenditures $191,561
NOTES:
[1] Source: City of Irwindale Annual Budget FY 2022-2023. * All figures subject to rounding
Multiplier Expenditure Assumptions
Fiscal Impact Calculation

ATTACHMENT 1-J
IRWINDALE, CALIFORNIA: IRWINDALE GATEWAY PROJECT

GENERAL GOVERNMENT EXPENDITURES ANALYSIS
I General Government Overhead Expenditures
Total Recurring General Fund Expenditures (excluding General Government Overhead) [1] $21,235,095 Recurring General Government Overhead Expenditures (as a % of Total Recurring General Fund Expenditures) [2] 34.2% Marginal Increase in General Government Costs 75%
I Fiscal Impact Category Annual Fiscal Impact Amount
Total Multiplier Expenditures (Attachment 1-I) $191,561 II Projected Recurring General Fund Expenditures $191,561 III Plus: General Government Costs $49,065
IV Total Recurring Expenditures $240,626
NOTES:
[1] City of Irwindale Annual Budget FY 2022-2023.
[2] General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government.
* All figures subject to rounding
Assumptions
Fiscal Impact Calculation

ATTACHMENT “N”
NOVEMBER 14, 2024 PLANNING COMMISSION STAFF

REPORT AND RESOLUTIONS
https://www.irwindaleca.gov/DocumentCenter/View/9682/
Agenda-Item-4A

ATTACHMENT “O”
BESS Safety Features –

1. BESS containers require strict structural and geotechnical solutions. Containers are placed on steel piers that extend up to 20’ below grade.

2. In the event of a strong earthquake, BESS facilities have redundant systems to prevent failure:
a. Battery management system shuts down the container electronically b. Remote operations teams monitor BESS facilities 24/7 and can shut off individual containers or the entire facility
c. Operations personnel will be located within one hour of the site to support manual shut offs

BESS Fire Safety –

1. BESS Fires have all been catalogued in the Electric Power Resource Institute database. Since 2019 there have been:
a. No fatalities involving utility-scale BESS
b. No injuries to any member of the public
c. No hazardous air, water, or soil impacts
d. No injuries to fire service personnel
(https://storagewiki.epri.com/index.php/BESS_Failure_Incident_Database

2. Two BESS fire events have been examined extensively. a. New York State - three BESS fires were studied for air and ground water impacts.

The 2023 report concluded that there were no reported injuries, no harmful levels of toxins detected, and no long-term off-site impacts involving any migration of contaminants associated with the fires
https://www.nyserda.ny.gov/About/Newsroom/2023-Announcements/2023-12-21- Governor-Hochul-Announces-Results-of-Fire-Safety-Working-Group b. Escondido, CA. The December 2023 report found:
i. Tests were taken at two locations over a 24-hour period, 100 feet and 0.5 miles from the fire location (see map below). All readings were below acceptable exposure limits.
ii. Hydrofluoric Acid (HF) was not detected.
iii. Carbon Monoxide levels were detected but remained below acceptable exposure limits.

iv. Water samples were within acceptable limits for contaminants within the public health standard for drinking water.
https://www.escondido.gov/CivicAlerts.aspx?AID=96

11150 Santa Monica Blvd., Suite 300
Los Angeles, California 90025
310 203-1840 Fax 310 203-1850
January 15, 2025
Irwindale City Council
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Subject: Irwindale Gateway – 13620 Live Oak Lane
Dear Council Members,
Thank you for considering the Irwindale Gateway project on January 8, 2025. We would like to address a few key points raised during the hearing:

1. General Plan Update: The property was designated Regional Commercial in the 2008 General Plan but the City does not have a corresponding zoning to implement this designation. We requested a Specific Plan update and rezoning from M-2 (Heavy Manufacturing) to the Irwindale Gateway Specific Plan. This framework will guide redevelopment and allow flexibility for industrial business park uses or a mix of industrial and Battery Energy Storage Systems (BESS).

2. Specific Plan Benefits: A Specific Plan replaces traditional zoning, offering tailored regulations while removing hazardous uses like asphalt plants and quarries.

Development standards in the plan meet or exceed existing zoning requirements.

3. Development Agreement: These agreements allow the City to negotiate community benefits. If a BESS user submitted an application through the City, a Development Agreement would be required, and would require Planning Commission and City Council approval. A Development Agreement provides the City with more control than a Conditional Use Permit.

4. Funding: All costs for development and public improvements will be funded by the developer, with no City financial contribution required.

We appreciate your consideration and look forward to addressing any questions at the continued hearing on January 22, 2025.

Sincerely,
Jeff Dritley
Chairman, Kearny Real Estate Company
ATTACHMENT "P"

Item #19.B.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 to Development Agreement No. 02-2016, Amendment No. 1 to the Athens Services Franchise & Facility Operations Agreement, and Amendment No. 5 to Franchise Agreement for Waste Hauling Services
City Manager's Recommendation:
(1) Direct the City Attorney to read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading ORDINANCE NO. 786, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 02-2016 BY AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC., A CALIFORNIA CORPORATION, DBA ATHENS SERVICES, LOCATED AT 2200 ARROW HIGHWAY, IRWINDALE, CALIFORNIA 91706 (APN 8535-001-039) AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162”; (2) Adopt Resolution No. 2025-14-3602, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE FRANCHISE & FACILITY

OPERATIONS AGREEMENT BY AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES FOR THE MATERIALS RECOVERY FACILITY/TRANSFER STATION (MRF/TS) ON PROPERTY LOCATED AT 2200 ARROW HIGHWAY, IRWINDALE, CA 91706 (APN 8535-001-039),AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162”; (3) Adopt Resolution No. 2025-17-3605, entitled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR WASTE HAULING SERVICES BY AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162".

Administrative Action:

Submitted / Prepared by:

Marilyn Simpson, AICP, Community Development Director

Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

REQUEST
Athens Services, the Applicant, is requesting Amendment No. 1 to Development Agreement No. 02- 2016 to reflect a request by Athens Services to postpone the construction of the Convenience Store to a later phase of the MRF/TS project. The request also includes Amendment No. 1 to the Athens Franchise & Facility Operations Agreement for consistency with the Development Agreement.

BACKGROUND/SITE HISTORY
The project site was purchased by the former Irwindale Community Redevelopment Agency (ICRA) on July 9, 1990. At the time of purchase, the site was vacant and the ICRA sought to facilitate development of the site for an after-market auto related use and other retail development. The aftermarket auto related use did not move forward.

In 2005, the Site was recognized, by virtue of its size and location relative to freeways and arterial roadways, as a suitable site for the development of the MRF/TS which would enable the City to meet its obligations with respect to waste disposal. Specifically, the State of California, through enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.; the “Act”), had previously directed all local jurisdictions to promote recycling and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste required to be disposed of by land disposal.

Project entitlements originally began on June 8, 2016, with the intent to allow the applicant, Athens Services, to purchase the site in order to develop and operate the MRF/TS and convenience store/fueling station. The development of the site would provide the City and its residents with a stateof-the-art facility for solid waste disposal, recycling and source reduction.

On February 24, 2021 the Irwindale City Council conducted a duly noticed public hearing for the

Material Recovery Facility and Transfer Station and adopted the following resolutions: Resolution No. 2021-06-3268 approving a Franchise & Facility Operations Agreement; Resolution No. CC2021-08-3270 & Resolution No. SA2021-13-3275 Certifying the Final Environmental Impact Report (SCH#2013051029) for the MRF/TS Project; Resolution No. CC2021-09-3271 & Resolution No. SA2021-14-3276 for the project Disposition and Development Agreement; Resolution No. 2021-10-3272 for General Plan Amendment No. 02-2016; Resolution No. 2021-11-3273 for Conditional Use Permit No. 02-2016; Resolution No. 2021-12-3274 approving Site Plan & Design Review (DA) No. 06-2016 On March 10, 2021, the Irwindale City Council adopted Ordinance No. 752 for Zone Ordinance Amendment No. 04-2016 to amend the Irwindale Municipal Code to allow a Materials Recovery Facility as a permitted use in the M-2 zone and related zoning requirements; and Ordinance No. 753 approving Development Agreement No. 02-2016 to allow the construction and operation of a Materials Recovery Facility and Transfer Station, Convenience Store, and Pubic Gas Station at the Site.

On November 13, 2024, the City Council adopted Resolution No. 2024-92-3569, approving a minor amendment to the site plan to include a maintenance and wash bay canopy structure.

GENERAL PLAN AND ZONING
The site is designated in the General Plan as Industrial/Commercial. The property is zoned M-2 (Heavy Manufacturing). The following zones and uses surround the site:

Direction Existing Land Use Zoning District
North Santa Fe Dam A1 (Agricultural)
South City of Baldwin Park Industrial: fronting Arrow Highway; Residential: approx.. 500’ south of the
Industrial Uses
East Santa Fe Dam & LADWP Power
Lines
A1 (Agricultural)
West Industrial/Distribution Facility M2 (Heavy Manufacturing) Amendment No. 1 to Development Agreement No. 02-2016
A ± 2,587 square foot convenience store was included in the 2021 approval of Development Agreement No. 02-2016 for the MRF/TS project as part of Phase 1 of the development. Pursuant to the terms of the Development Agreement, Athens proposed to construct the Project in three (3) phases, including the construction of the Convenience Store during Phase 1 of the Project. On November 8, 2023, the City Council adopted Resolution No. 2023-89-3467, authorizing the City Manager to execute a side letter agreement with Athens for the delivery and service of 100 additional carts beyond the standard three (3) carts issued to residential households at no cost to the City or its residents. The Letter Agreement was executed on January 30, 2024.

Thereafter, Athens requested to postpone the construction of the Convenience Store to Phase 3 of the Project. On January 24, 2024, the City Council directed Staff and the City Attorney’s Office to negotiate

an amendment to the Development Agreement to reflect Athens Services’ request to defer the construction of the convenience store to a future phase Following negotiation, Athens proposes the following: as consideration for the postponement of the Convenience Store to a later phase of the Project, Athens will agree as part of Amendment No. 1 to the Development Agreement to: 1) memorialize the current additional one hundred (100) barrels being provided by Athens to residential customers at no charge and to extend the term of this obligation from 2032 to December 31, 2034; and 2) extend the term of Athens’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034.

Analysis
Section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867-65867.5 of the California Government Code. Prior to approval of an amendment to a development agreement, the Planning Commission must hold a noticed public hearing and provide a recommendation to the City Council. (Gov. Code § 65867.) After the Planning Commission holds a public hearing and provides a recommendation, the legislative body must approve a development agreement by adoption of an ordinance. (Gov. Code § 65867.5(a)) The provisions of the amendment to a development agreement must be found by the City Council to be consistent with the general plan and any applicable specific plan. (Gov. Code § 65867.5(b).) The provisions of the proposed Amendment No. 1 to the Development Agreement are consistent with the goals and policies of the City’s General Plan, as amended by General Plan Amendment No. 02- 2016. The subject site has a land use designation as Commercial/Industrial and is zoned M-2, which permits light industry, heavy industry, and commercial uses, consistent with the Project as contemplated by the Development Agreement. The proposed Amendment No. 1, will facilitate development of the MRF/TS during Phase 1, and postpones the construction of the Convenience Store to Phase 2 or Phase 3 of the Project. Upon Project completion, the site will operate under Commercial and Industrial uses, and the Amendment No. 1 is consistent with the goals and policies of the City’s General Plan.

Amendment No. 1 to the Athens Services Franchise & Facility Operations Agreement A Franchise & Facility Operations Agreement (Agreement) was prepared for the MRF/TS, convenience store/public gas station project to establish the terms by which the City granted a franchise to Athens for the exclusive operation of a MRF/TS within City limits. The franchise granted is exclusive to Athens, subject to certain conditions, including the completion of construction of certain improvements, such as the Convenience Store, during Phase 1 of the Project.

Amendment No. 1 to the Franchise Agreement is also proposed to reflect Athen's request to postpone the convenience store to a later phase of the project, and memorialize as consideration for the postponement of the Convenience Store to a later phase of the Project, Athens' agreement to provide the additional one hundred (100) barrels to residential customers at no charge and to extend the term of this obligation from 2032 to December 31, 2034; and extend the term of Athens’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December

31, 2034.

Amendment No. 5 to the Exclusive Franchise Agreement for Waste Hauling Services The City and Athens also entered into an Exclusive Franchise Agreement for Waste Hauling Services, dated April 13, 2011, for the purposes of the City granting Athens a franchise for the exclusive provision of solid waste hauling services to the City, its residents, and businesses on an exclusive basis, which has since been amended on December 12, 2012; January 22, 2014; January 1, 2020; and January 1, 2023.

Amendment No. 5 is proposed to reflect Athens’ obligations identified above, which the Parties agreed shall be memorialized in any other agreements between the City and Athens regarding the subject matter.

PLANNING COMMISSION REVIEW
On December 18, 2024, the Planning Commission held a public hearing on the proposed Amendment No. 1 to the Development Agreement. At that public hearing, after a robust discussion requesting that the applicant to provide a timeline or date for construction of the convenience store/fueling station, the Planning Commission adopted Resolution No. 841(24) recommending that the City Council adopt Ordinance No. 786 approving Amendment No. 1 to the Development Agreement.

PUBLIC NOTICE
On January 8, 2025, the property owners within 500 feet of the subject property were notified by mail.

The public notice was also published in the newspaper on January 10, 2025.

ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, analyzed the project and certified the Materials and Recovery Facility and Transfer Station Final Environmental Impact Report (“FEIR”) (SCH # 2013051029) on February 24, 2021. It is proposed that the City Council, on the basis of substantial evidence contained in the whole record, find that the FEIR serves as the environmental review for the project and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary because there have been no changes with respect to the overall scope under which the project is being undertaken and no new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

A copy of the FEIR and related environmental documents are posted on the City’s website at https://www.irwindaleca.gov/177/Materials-Recovery-Facility-Transfer. and available at the Irwindale Public Library and Deputy City Clerk’s Office.

CONCLUSION
It is recommended that the City Council adopt Ordinance No. 786, approving Amendment No. 1 to Development Agreement No. 02-2016, adopt Resolution No. 2025-14-3602 approving Amendment No. 1 to the Franchise & Facility Operations Agreement, and adopt Resolution No. 2025-17-3605 approving Amendment No. 5 to the Exclusive Franchise Agreement for Waste Hauling Services.

Fiscal Impact:

The project is a private development fully funded by the developer/applicant.

Attachments:

1. CC Ordinance No. 786 Athens Amend No. 1 to DA(1025901.2)

2. (IRW) Amendment No. 1 to Development Agreement No. 02-2016 12_18_24(1038593.4)

3. CC Amend No. 1 to Franchise Facility Agrmt(1045438.1)

4. (IRW) Amendment No. 1 to Franchise & Facility Operations Agreement(1022559.3)

5. CC Amend No. 5 to Waste Hauling Franchise Agrmt(1045439.1)

6. (IRW) Amendment No. 5 to Waste Hauling Franchise Agreement(1045401.1)

7. PC Resolution No. 841(24)

8. PC Staff Report Athens DA Amendment12.18.24 (Final)

EXHIBIT “A”
ORDINANCE NO. 786

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 02-2016 BY

AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC, A CALIFORNIA CORPORATION, DBA ATHENS SERVICES, LOCATED AT 2200 ARROW HIGHWAY, IRWINDALE, CALIFORNIA (APN 8535-001-039) AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15162
WHEREAS, on February 24, 2021, the City of Irwindale (the “City”) and Arakelian Enterprises, Inc, dba Athens Services (“Athens”), entered into an agreement entitled “Development Agreement No. 02-2016” (the “Development Agreement”) to govern the construction and operation of a Materials Recovery Facility and Transfer Station (“MRF/TS”) with a public Fueling Station and Convenience Store (the “Convenience Store”) at 2200 Arrow Highway – APN 8535-001-039 (collectively, the “Project”); and

WHEREAS, pursuant to the terms of the Development Agreement, Athens proposed to construct the Project in three (3) phases, including the construction of the Convenience Store during Phase 1 of the Project; and
WHEREAS, on November 8, 2023, the City Council adopted Resolution No. 2023- 89-3467, authorizing the City Manager to execute a side letter agreement with Athens for the delivery and service of 100 additional carts beyond the standard three (3) carts issued to residential households at no cost to the City or its residents. The Letter Agreement was executed on January 30, 2024; and
WHEREAS, Athens has requested to postpone the construction of the Convenience Store to Phase 3 of the Project; and
WHEREAS, on January 24, 2024, the City Council directed Staff and the City Attorney’s Office to negotiate an amendment to the Development Agreement to reflect Athens’ request to defer the construction of the convenience store to a future phase; and WHEREAS, following negotiation, Athens proposes the following: as consideration for the postponement of the Convenience Store to a later phase of the Project, Athens will agree as part of Amendment No. 1 to the Development Agreement to: 1) memorialize the current additional one hundred (100) Carts being provided by Athens to residential customers at no charge and to extend the term of this obligation from 2032 to December 31, 2034; and 2) extend the term of Athens’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034; and WHEREAS, section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the

Ordinance 786
parties to the agreement or their successors in interest pursuant to sections 65867- 65867.5 of the California Government Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the Project has been considered in the Final Environmental Impact Report (SCH No. 2013051029) prepared for the Project, the proposed approval of the Amendment No. 1 is consistent with the analysis contained therein, and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary; and WHEREAS, on December 18, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, closed said hearing, and adopted Resolution No. 841(24) recommending that the City Council adopt an ordinance approving Amendment No. 1 to the Development Agreement; and
WHEREAS, on January 22, 2025, the City Council of the City of Irwindale introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. The City Council hereby finds that the Project was previously subject to environmental review in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines.

Pursuant to the authority and criteria contained in CEQA and the City of Irwindale environmental guidelines, the City, as the Lead Agency, analyzed the project and certified the Materials and Recovery Facility and Transfer Station Final Environmental Impact Report (“FEIR”) (SCH # 2013051029) on February 24, 2021. The City Council hereby finds, on the basis of substantial evidence contained in the whole record, that the FEIR serves as the environmental review for the project and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary because there have been no changes with respect to the overall scope under which the project is being undertaken and no new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby specifically finds as follows:

Ordinance 786
a. The proposed Amendment No. 1 to the Development Agreement is consistent with the goals and policies of the General Plan, its purposes and applicable Specific Plan(s).

The provisions of the proposed Amendment No. 1 to the Development Agreement are consistent with the goals and policies of the City’s General Plan, as amended by General Plan Amendment No. 02-2016. The subject site has a land use designation as Commercial/Industrial and is zoned M-2, which permits light industry, heavy industry, and commercial uses, consistent with the Project as contemplated by the Development Agreement. The proposed Amendment No. 1, will facilitate development of the main MRF/TS during Phase 1, and postpones the construction of the Convenience Store to Phase 2 or Phase 3 of the Project. Upon Project completion, the site will operate under Commercial and Industrial uses, and the Amendment No. 1 is consistent with the goals and policies of the City’s General Plan.

SECTION 4. On the basis of these findings, the City Council hereby approves Amendment No. 1 to the Development agreement as set forth in Exhibit “A,” subject to City Attorney approval as to form.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 22nd day of January, 2025.

Larry G. Burrola, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk

Ordinance 786

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 786 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on January 22, 2025, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on February 12, 2025, and was carried by the following-roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 786 adopted by the City Council of the City of Irwindale at its regular meeting held January 22, 2025, to be posted at the City Hall, Library, and Post Office on January 23, 2025.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0035/1038593.4
AMENDMENT NO. 1
TO DEVELOPMENT AGREEMENT NO. 02-2016

BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC DBA

ATHENS SERVICES
This Amendment No. 1 to Development Agreement No. 02-2016 (“Amendment No. 1”) is executed this ____ day of _________, 2025 (“Effective Date”), by and between the CITY OF IRWINDALE, a California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC DBA ATHENS SERVICES, a California corporation (“ATHENS”). City and ATHENS may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. The Parties entered into that certain Development Agreement No. 02-2016, dated February 24, 2021 (the “Agreement”), for the construction and operation of a Materials Recovery Facility and Transfer Station, and a public Fueling Facility/Convenience Store (the “Convenience Store”) and appurtenant improvements (collectively, the “Project”).

B. Pursuant to the terms of the Agreement, ATHENS proposed to construct the Project in up to three (3) phases, including the construction of the Convenience Store during Phase 1 of the Project.

C. ATHENS has requested to postpone the construction of the Convenience Store from Phase 1 to either Phase 2 or 3 of the Project.

D. As consideration for the construction postponement of the Convenience Store to a later phase of the Project, ATHENS will agree to: 1) memorialize the current additional one hundred (100) Carts being provided by ATHENS to residential customers at no charge and to extend the term of this free provision of additional Carts from 2032 to December 31, 2034; and 2) extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034.

E. By this Amendment No. 1, the Parties now desire to amend the Agreement to reflect the postponement of the construction of the Convenience Store subject to the consideration identified above.

F. Except as amended hereby, this Amendment No. 1 is subject to the same terms and conditions as provided in the Agreement.

TERMS
The recitals contained above are incorporated herein by reference and the Agreement is hereby amended as follows:

1. Contract Amendments. The Agreement is amended as provided herein:

1.1 Exhibit “A,” entitled “Facility Scope & Components” is hereby amended to read in its entirety as follows:

01005.0035/1038593.4
ATHENS proposes to construct the Project on the Site in up to three (3) phases, based on market demand and the capacity constraints of the phase(s) of the Project then-constructed; provided Phase I* shall include, at a minimum, the Construction and Debris, Self-Haul –Construction and Debris, and Employee Area, and Convenience Store, each having the approximate square footage shown below. The proposed improvements consist of the following proposed uses and approximate square footages to be developed by ATHENS pursuant to the terms of this Agreement:

Project Element Aggregate Approximate
Square Footage
Construction and Debris
Self-Haul – Construction & Debris
Employee Area
Convenience Store
Scale House (4 Total)
Office
MRF/Transfer Station
Material Staging
Maintenance
41,500 s.f.
52,000 s.f.
9,249 s.f.
2,587 s.f.
200 s.f.
12,780 s.f.
104,732 s.f.
25,000 s.f.
17,180 s.f.

TOTAL: Approx. 265,228 s.f.
*Pursuant to Amendment No. 1, dated _________, 2025, the City and ATHENS agreed to amend Phase I to exclude the Convenience Store, which shall be constructed and completed at a later phase of the Project per Exhibit G of the Agreement.

1.2 Exhibit “G,” entitled “Schedule of Performance” is replaced in its entirety and superseded by the new “Exhibit G Schedule of Performance” attached hereto and incorporated herein by this reference to reflect the postponement of the construction of the Convenience Store from Phase 1 to Phase 3.

1.3 As consideration for the City’s agreement to postpone the construction of the Convenience Store from Phase 1 to Phase 2 or 3, Athens agrees to do each of the following:
a. Deliver and service one hundred (100) additional Carts beyond the standard three (3) Carts issued to residential households subject to the following:
(i) For these one hundred (100) additional Carts, residents may choose a green, blue, or black Cart and any selection will be honored by Athens. (ii) For these one hundred (100) additional Carts, there shall be no cost to the City or to the residents for the extra Carts through the period of December 31, 2034, and, accordingly, Athens shall not charge or attempt to collect any amounts for this purpose during or after that period.
b. Extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034. This obligation shall also be memorialized in any other agreements between the City and ATHENS

01005.0035/1038593.4
regarding this subject matter.

1.4 The provisions of Section 1.3.a are intended to memorialize the letter dated January 31, 2024, wherein Athens agreed to provide one hundred (100) additional Carts beyond the standard three (3) Carts issued to residential households.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and ATHENS each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

ATHENS represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to ATHENS that, as of the date of this Amendment No. 1, ATHENS is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended, (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent the Parties from entering into this Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGE]

01005.0035/1038593.4
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first above written.

CITY:

CITY OF IRWINDALE,
a California municipal corporation
By:_________________________________
________________________, Mayor
ATTEST:

By:

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

By:

Adrian R. Guerra, City Attorney

ATHENS:

ARAKELIAN ENTERPRISES, INC dba
ATHENS SERVICES, a California
corporation
By:__________________________________
Name: ______________________
Title: _________________________
By:__________________________________
Name: _________________________
Title: _________________________
Address: _________________________
_________________________
_________________________
Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.

01005.0035/1038593.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED

DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_________________________
________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
______________________________________
______________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED
ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01005.0035/1038593.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED

DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_________________________
________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
______________________________________
______________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED
ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

EXHIBIT G

SCHEDULE OF PERFORMANCE
Event Item To Be Performed Time For Performance Agreement Reference

1. Agency and City conduct duly-noticed
public hearing on DDA and FEIR
June 8, 2016 DDA §216

2. City files Notice of Determination for
FEIR
June 9, 2016 N/A

3. Oversight Board conducts duly- noticed
public hearing on DDA
June 9, 2016 N/A

4. State of California Department of
Finance approves (or is deemed to have
approved) or disapproves DDA
June 17,2016 N/A

5. Notice Planning Commission public
hearing for GPA, ZC, DA, CUP,
SP&DR, CUP, and FA
9/8/17 N/A

6. Planning Commission public hearing
for recommendation to City Council
9/20/17 N/A

7. City notices City Council public
hearing
9/28/17 N/A

8. City Council public hearing (including
first reading of ordinances for General
Plan Amendment, Zoning Ordinance
Amendment, and Development
Agreement)
10/11/17 N/A

9. SP&DR, CUP, and Franchise
Agreement become effective
10/31/17 N/A

10. City Council meeting (second reading
of ordinances for General Plan
Amendment, Zoning Ordinance
Amendment, and Development
Agreement)
10/25/17 N/A

11. General Plan Amendment, Zone Text
Amendment, and Development
Agreement ordinances become
effective
11/24/17 N/A

12. Athens submits application to LEA for
Solid Waste Facilities Permit (SWFP)
Submitted 5/7/18 DA Recital L

Event Item To Be Performed Time For Performance Agreement Reference

13. Athens responds to written inquiries
received by LEA and/or CalRecycle
regarding SWFP application
Within thirty (30) days of
receipt of such written inquiry
N/A

14. Athens prepares and submits to City its
schematic design drawings for phase 1
of the Project
By 2/28/19 DA, Exhibit
“A”

15. City reviews and approves or
disapproves the schematic design
drawings for phase 1
Within thirty (30) days of
Event 14
4/1/19
N/A

16. Athens submits to City 70% plan set
and prepares and submits to City design
development drawings and landscape
and grading plans for the Project
Within ninety (90) days of
approval in connection with
Event 15
N/A

17. City reviews and approves or
disapproves the 70% design
development drawings and landscape
plans. City issues grading permit
Within sixty (60) days of
Event 16
N/A

18. Close of Escrow See DDA DDA § 405

19. Athens submits final building plans
(construction drawings) for phase 1 of
the Project
Within thirty (30) days of
approval in connection with
Event 17
DA, Exhibit
“A”

20. City reviews and approves or
disapproves the final building plans
(construction drawings) for phase 1 of
the Project
Within sixty (60) days of
Event 19
DDA
§ 404(2)(b)

21. Athens commences construction of
phase 1 of the Facility
Within sixty (60) days of
approval in connection with
Event 20
DA, Exhibit
“A”

22. Athens completes construction of phase
1 of the Facility
Within 12 months of Event 21 DA, Exhibit
"A"

23. Athens prepares and submits to City its
final building plans (construction
drawings) for phase 2 of the Project.
5/9/30* N/A

24. City reviews and approves or
disapproves the final building plans
(construction drawings) for phase 2 of
the Project
Within ninety (90) days of
Event 23
8/8/30*
DDA
§ 404(2)(b)

25. Athens commences construction of
phase 2 of the Facility
Within sixty (60) days of
approval in connection with
Event 24*
DA, Exhibit
"A"

26. Athens completes construction of phase
2 of the Facility
Within 12 months of Event
25*
DA, Exhibit
“A”

Event Item To Be Performed Time For Performance Agreement Reference

27. Athens prepares and submits to City its
final building plans (construction
drawings) for phase 3 of the Project
5/9/35*

28. City reviews and approves or
disapproves the final building plans
(construction drawings) for phase 3 of
the Project
Within ninety (90) days of
Event 27
8/8/35*

29. Athens commences construction of
phase 3 of the Facility
Within sixty (60) days of
approval in connection with
Event 28*

30. Athens completes construction of phase
3 of the Facility, which shall include a
convenience store (it being understood
that the convenience store can also be
completed in Phase 2 at the discretion
of Athens)
Within 12 months of Event
29*
It is understood that the foregoing Schedule of Performance is subject to all of the terms and conditions set forth in the text of the Development Agreement, including any events of Enforced Delay. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Development Agreement, the text shall govern.
* The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both Athens and City. The Parties agree that Athens may delay items 23-30 without cause; however, in such case, Athens and City shall negotiate in good faith to amend the Agreement in a manner that provides City alternate sources of revenue while construction is delayed. In addition, minor adjustments may be implemented by the City Manager as needed to conform the above Schedule with the Parties’ actual performance of agreements and/or undertaking of Project activities. A failure by either Party to enforce a breach of any particular time provision shall not be construed as a waiver of any other time provisions. The City Manager of the City shall have the authority to approve extensions of time without City Council action, respectively, not to exceed a cumulative total of 180 days.

01005.0001/1045438.1 City Council Resolution No. 2025-14-3602

RESOLUTION NO. 2025-14-3602

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 1 TO ATHENS SERVICES FRANCHISE AND FACILITY

OPERATIONS AGREEMENT BY AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC., DBA ATHENS SERVICES FOR THE MATERIALS

RECOVERY FACILITY/TRANSFER STATION (MRF/TS) ON PROPERTY LOCATED AT 2200 ARROW HIGHWAY, IRWINDALE, CA 91706 (APN 8535-001-039) AND

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15162
WHEREAS, on February 24, 2021, the City and Athens Services entered into a Franchise & Facility Operations Agreement (the “Agreement”), for the purposes of the City granting Athens a franchise for the exclusive operation of a Materials Recovery Facility and Transfer Station (the “MRF/TS”), accompanied by a public Fueling Facility/Convenience Store (the “Convenience Store”) and appurtenant improvements (collectively, the “Project”); and
WHEREAS, Athens was granted a franchise for the exclusive operation of the Project, pursuant to certain conditions, including the completion of construction of certain improvements, such as the Convenience Store, during Phase 1 of the Project; and WHEREAS, Athens has requested to postpone the construction of the Convenience Store from Phase 1 to either Phase 2 or 3 of the Project; and WHEREAS, on January 24, 2024, the City Council directed Staff and the City Attorney’s Office to negotiate an amendments to the City’s agreements with Athens to reflect Athens’ request to defer the construction of the convenience store to a future phase; and WHEREAS, as consideration for the construction postponement of the Convenience Store to a later phase of the Project, Athens will agree to: 1) memorialize the current additional one hundred (100) Carts being provided by Athens to residential customers at no charge and to extend the term of this free provision of additional Carts from 2032 to December 31, 2034; and 2) extend the term of Athens’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034; and
WHEREAS, the City Council now desires to approve the Amendment No. 1 to the Franchise and Facilities Operations Agreement to reflect the postponement of the construction of the Convenience Store subject to the consideration identified above; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

01005.0001/1045438.1 City Council Resolution No. 2025-14-3602

SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.

SECTION 2. The City Council hereby finds that the Project was previously subject to environmental review in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines.

Pursuant to the authority and criteria contained in CEQA and the City of Irwindale environmental guidelines, the City, as the Lead Agency, analyzed the project and certified the Materials and Recovery Facility and Transfer Station Final Environmental Impact Report (“FEIR”) (SCH # 2013051029) on February 24, 2021. The City Council hereby finds, on the basis of substantial evidence contained in the whole record, that the FEIR serves as the environmental review for the project and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary because there have been no changes with respect to the overall scope under which the project is being undertaken and no new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby approves Amendment No. 1 to the Franchise & Facility Operations Agreement, attached hereto as Exhibit “A,” subject to City Attorney approval as to form.

SECTION 4. 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 22nd day of January 2025. _____________________________
Larry G. Burrola, 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. 2025-14-3602 was duly adopted by the City Council of the

01005.0001/1045438.1 City Council Resolution No. 2025-14-3602

City of Irwindale, at a regular meeting held on the 22nd day of January 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

01005.0001/1022559.3
AMENDMENT NO. 1

TO FRANCHISE & FACILITY OPERATIONS AGREEMENT

BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC DBA

ATHENS SERVICES
This Amendment No. 1 to Franchise & Facility Operations Agreement (“Amendment No. 1”) is executed this day of _________, 2025 (“Effective Date”), by and between the CITY OF IRWINDALE, a California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC DBA ATHENS SERVICES, a California corporation (“ATHENS”). City and ATHENS may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. The Parties entered into that certain Franchise & Facility Operations Agreement, dated February 24, 2021 (the “Agreement”), for the purposes of the City granting ATHENS a franchise for the exclusive operation of a Materials Recovery Facility and Transfer Station (the “MRF/TS”), accompanied by a public Fueling Facility/Convenience Store (the “Convenience Store”) and appurtenant improvements (collectively, the “Project”).

B. ATHENS was granted a franchise for the exclusive operation of the Project, pursuant to certain conditions, including the completion of construction of certain improvements, such as the Convenience Store, during Phase 1 of the Project.

C. ATHENS has requested to postpone the construction of the Convenience Store from Phase 1 to either Phase 2 or 3 of the Project.

D. As consideration for the construction postponement of the Convenience Store to a later phase of the Project, ATHENS will agree to: 1) memorialize the current additional one hundred (100) Carts being provided by ATHENS to residential customers at no charge and to extend the term of this free provision of additional Carts from 2032 to December 31, 2034; and 2) extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034.

E. By this Amendment No. 1, the Parties now desire to amend the Agreement to reflect the postponement of the construction of the Convenience Store subject to the consideration identified above.

F. Except as amended hereby, this amendment is subject to the same terms and conditions as provided in the Agreement.

TERMS
The recitals contained above are incorporated herein by reference and the Agreement is hereby amended as follows:

1. Contract Amendments. The Agreement is amended as provided herein (deletions shown in strikethrough and additions shown in bold italics):

01005.0001/1022559.3

1.1 Section 4.3 Commencement of Operations, is hereby amended to read in its entirety as follows:

4.3 Commencement of Operations. For purposes of this Agreement, the Facility’s Commencement of Operations shall occur after the following two conditions have been met: (i) Phase 1 of the Project’s improvements as set forth in the Development Agreement, as amended by Amendment No. 1 to Development Agreement No. 02-2016, dated _________, 2025, have been completely built-out, and (ii) all City certificates or Permits necessary for occupation and operation of such improvements have been issued. The completion of these two conditions precedent shall trigger the date of the Commencement of Operations. The date of the Commencement of Operations shall also initiate the following rights and obligations:

1.2 Exhibit “A,” entitled “Facility Scope & Components,” is hereby amended to read in its entirety as follows:

ATHENS proposes to construct the Project on the Site in up to three (3) phases, based on market demand and the capacity constraints of the phase(s) of the Project then-constructed; provided Phase I shall include, at a minimum, the Construction and Debris, Self-Haul –Construction and Debris, and Employee Area, and Convenience Store, each having the approximate square footage shown below. The proposed improvements consist of the following proposed uses and approximate square footages to be developed by ATHENS pursuant to the terms of this Agreement:

Project Element Aggregate Approximate
Square Footage
Construction and Debris
Self-Haul – Construction & Debris
Employee Area
Convenience Store
Scale House (4 Total)
Office
MRF/Transfer Station
Material Staging
Maintenance
41,500 s.f.
52,000 s.f.
9,249 s.f.
2,587 s.f.
200 s.f.
12,780 s.f.
104,732 s.f.
25,000 s.f.
17,180 s.f.

TOTAL: Approx. 265,228 s.f.
*Pursuant to Amendment No. 1 to the Development Agreement, dated _________, 2025, the City and ATHENS agreed to amend Phase I to exclude the Convenience Store, which shall be constructed and completed at a later phase of the Project.

1.3 As consideration for the City’s agreement to postpone the construction of the Convenience Store from Phase 1 to Phase 2 or 3, Athens agrees to do each of the following:
a. Deliver and service one hundred (100) additional Carts beyond the standard three (3) Carts issued to residential households subject to the following:
(i) For these one hundred (100) additional Carts, residents may

01005.0001/1022559.3
choose a green, blue, or black Cart and any selection will be honored by Athens. (ii) For these one hundred (100) additional Carts, there shall be no cost to the City or to the residents for the extra Carts through the period of December 31, 2034, and, accordingly, Athens shall not charge or attempt to collect any amounts for this purpose during or after that period.
b. Extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034. This obligation shall also be memorialized in any other agreements between the City and ATHENS regarding this subject matter.

1.4 The provisions of Section 1.3.a are intended to memorialize the letter dated January 31, 2024 wherein Athens agreed to provide one hundred (100) additional Carts beyond the standard three (3) Carts issued to residential households.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and ATHENS each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

ATHENS represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to ATHENS that, as of the date of this Amendment No. 1, ATHENS is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended, (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent

01005.0001/1022559.3
the Parties from entering into this Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGE]

01005.0001/1022559.3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first above written.

CITY:

CITY OF IRWINDALE,
a California municipal corporation
By:_________________________________
Larry G. Burrola, Mayor
ATTEST:

By:

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

By:

Adrian R. Guerra, City Attorney

ATHENS:

ARAKELIAN ENTERPRISES, INC dba
ATHENS SERVICES, a California
corporation
By:__________________________________
Name: ______________________
Title: _________________________
By:__________________________________
Name: _________________________
Title: _________________________
Address: _________________________
_________________________
_________________________
Two corporate officer signatures required when Contractor 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.

01005.0001/1045439.1 City Council Resolution No. 2025-14-3602

RESOLUTION NO. 2025-17-3605

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 5 TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR WASTE

HAULING SERVICES BY AND BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15162
WHEREAS, on April 13, 2011, the City and Athens Services entered into an Exclusive Franchise Agreement for Waste Hauling Services (the “Agreement”), for the purposes of the City granting Athens a franchise for the exclusive provision of solid waste hauling services to the City, its residents, and businesses on an exclusive basis, which has since been amended on December 12, 2012; January 22, 2014; January 1, 2020; and January 1, 2023; and
WHEREAS, on February 24, 2021, the City and Athens entered into a Development Agreement for the construction and operation of a Materials Recovery Facility and Transfer Station (the “MRF/TS”), accompanied by a public Fueling Facility/Convenience Store (the “Convenience Store”) and appurtenant improvements (collectively, the “Project”); and
WHEREAS, pursuant to the terms of the Development Agreement, Athens proposed to construct the Project in three (3) phases, including the construction of the Convenience Store during Phase 1 of the Project; and
WHEREAS, additionally, on February 24, 2021, the City and Athens entered into a Franchise & Facility Operations Agreement, wherein Athens was granted a franchise for the exclusive operation of the Project, pursuant to certain conditions, including the completion of construction of certain improvements, such as the Convenience Store, during Phase 1 of the Project; and
WHEREAS, Athens has requested to postpone the construction of the Convenience Store from Phase 1 to either Phase 2 or 3 of the Project; and WHEREAS, on January 24, 2024, the City Council directed Staff and the City Attorney’s Office to negotiate an amendments to the City’s agreements with Athens to reflect Athens’ request to defer the construction of the convenience store to a future phase; and
WHEREAS, as consideration for the construction postponement of the Convenience Store to a later phase of the Project, ATHENS will agree to: 1) memorialize the current additional one hundred (100) Carts being provided by ATHENS to residential customers at no charge and to extend the term of this free provision of additional Carts from 2032 to December 31, 2034; and 2) extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034; and

01005.0001/1045439.1 City Council Resolution No. 2025-14-3602

WHEREAS, the City Council now desires to approve Amendment No. 5 the Exclusive Franchise Agreement for Waste Hauling Services to reflect the obligations of Athens identified above; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.

SECTION 2. The City Council hereby finds that the Project was previously subject to environmental review in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines.

Pursuant to the authority and criteria contained in CEQA and the City of Irwindale environmental guidelines, the City, as the Lead Agency, analyzed the project and certified the Materials and Recovery Facility and Transfer Station Final Environmental Impact Report (“FEIR”) (SCH # 2013051029) on February 24, 2021. The City Council hereby finds, on the basis of substantial evidence contained in the whole record, that the FEIR serves as the environmental review for the project and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary because there have been no changes with respect to the overall scope under which the project is being undertaken and no new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby approves Amendment No. 5 to the Exclusive Franchise Agreement for Waste Hauling Services, attached hereto as Exhibit “A,” subject to City Attorney approval as to form.

SECTION 4. 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 22nd day of January 2025. _____________________________
Larry G. Burrola, Mayor
ATTEST:

01005.0001/1045439.1 City Council Resolution No. 2025-14-3602

_____________________________
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. 2025-14-3602 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 22nd day of January 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

01005.0001/1045401.1

FIFTH AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR WASTE

HAULING SERVICES BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN

ENTERPRISES, INC DBA ATHENS SERVICES
This Fifth Amendment to Exclusive Franchise Agreement for Waste Hauling Services (“Amendment No. 5”) is executed this day of _________, 2025 (“Effective Date”), by and between the CITY OF IRWINDALE, a California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC DBA ATHENS SERVICES, a California corporation (“ATHENS”). City and ATHENS may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. The Parties entered into that certain Exclusive Franchise Agreement for Waste Hauling Services, dated April 13, 2011 (the “Agreement”), for the purposes of the City granting ATHENS a franchise for the exclusive provision of solid waste hauling services to the City, its residents, and businesses on an exclusive basis, which has since been amended on December 12, 2012; January 22, 2014; January 1, 2020; and January 1, 2023.

B. On February 24, 2021, the Parties entered into a Development Agreement for the construction and operation of a Materials Recovery Facility and Transfer Station (the “MRF/TS”), accompanied by a public Fueling Facility/Convenience Store (the “Convenience Store”) and appurtenant improvements (collectively, the “Project”).

C. Additionally, on February 24, 2021, the Parties entered into a Franchise & Facility Operations Agreement, wherein ATHENS was granted a franchise for the exclusive operation of the Project, pursuant to certain conditions, including the completion of construction of certain improvements, such as the Convenience Store, during Phase 1 of the Project.

C. ATHENS has requested to postpone the construction of the Convenience Store from Phase 1 to either Phase 2 or 3 of the Project.

D. As consideration for the construction postponement of the Convenience Store to a later phase of the Project, ATHENS has agreed to: 1) memorialize the current additional one hundred (100) Carts being provided by ATHENS to residential customers at no charge and to extend the term of this free provision of additional Carts from 2032 to December 31, 2034; and 2) extend the term of ATHENS’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034.

E. By this Amendment No. 5, the Parties now desire to amend the Agreement to reflect ATHENS’ obligations identified above, which the Parties agreed shall be memorialized in any other agreements between the City and ATHENS regarding this subject matter.

F. Except as amended hereby, this amendment is subject to the same terms and conditions as provided in the Agreement.

01005.0001/1045401.1
TERMS
The recitals contained above are incorporated herein by reference and the Agreement is hereby amended as follows:

1. Contract Amendments. The Agreement is amended as provided herein (deletions shown in strikethrough and additions shown in bold italics):

1.1 Section 5.5.2(b) of the Agreement is hereby amended to read in its entirety as follows:
(b) Single Family Carts & Collections. Each Single Family Residential Unit receives three Carts comprising one ( 1) 96- gallon black cart for Solid Waste, one ( 1) 96-gallon blue cart for source -separated Recyclable Materials, and one 1) 96- gallon green cart for source -separated Organic Waste, collected once per week (“Base Service”). Source – separated Organic Waste shall be diverted to an Organic Waste Processing Facility selected by Franchisee. Unless otherwise directed by City, or necessary for safety reasons, Franchisee shall make all Single Family Residential Unit collections from the curb along the street in front of each Single Family Residential Unit, except where paved alleys exist in the rear of such Premises in which case collections shall be made by Franchisee from alleys (provided, however, that this requirement cannot apply to a blind alley). In any event, Franchisee shall not be under any obligation to enter private courts or places, or other private property, to make collections from Single Family Premises.

Residents may elect to place Carts at an alternate collection location if approved by Franchisee, provided that the placement and retrieval of carts comply with the requirements of Chapter 8. 20 of the Irwindale Municipal Code. Rates for extra carts and services requested by residential customers or deemed necessary by Franchisee are set forth in Exhibit A and payable by the residential customer.

Notwithstanding the foregoing, ATHENS shall deliver and service one hundred (100) additional Carts beyond the standard three (3) Carts issued to residential households subject to the following:
(i) For these one hundred (100) additional Carts, residents may choose a green, blue, or black Cart and any selection will be honored by Athens.
(ii) For these one hundred (100) additional Carts, there shall be no cost to the City or to the residents for the extra Carts through the period of December 31, 2034, and,
accordingly, Athens shall not charge or attempt to collect any amounts for this purpose during or after that period. (iii) The provisions of these subsections are intended to memorialize the letter dated January 31, 2024 wherein
Athens agreed to provide one hundred (100) additional
Carts beyond the standard three (3) Carts issued to

01005.0001/1045401.1
residential households.

Additionally, Single Family Residential Unit customers shall receive Base Service, as defined in this subsection 5. 5. 2(b),without charge until June 30, 2032 December 31, 2034.

1.2 Section 8.2 of the Agreement is amended as provided herein (deletions shown in strikethrough and additions shown in bold italics):

8. 2 Payment of Residential Rates. Residential. Customers at Single Family Residential Units shall not pay a fee directly to the Franchisee for Base Service; provided, no later than January 1, 2032, upon written notice to Franchisee, City will determine whether fees for such service will be paid directly to Franchisee by City or by customers, which in the latter case, City and Franchisee will amend the Agreement in accordance with City' s determination. The total amount due with respect to Base Service to be provided to residential customers ( the Maximum Rate for Residential Service times the number of residential customers times twelve ( 12) months) shall be deducted from the Host Fee due from the Franchisee or its affiliate with respect to the MRF/ TS.

Franchisee shall submit an itemized residential list with parcel numbers along with the financial information based on the calculation set forth above, which shall also include the amount of the Host Fee for that year. This information shall be provided to the City no later than thirty (30) days from December 31 of that year. Notwithstanding the foregoing, maximum service rates for Single Family Residential Units shall be adjusted annually, provided such adjustments are made in accordance with Section 8. 8 ( as applicable and Exhibit D. However, such customers shall receive Base Service, as specified in Section 5. 5. 2(b) of this Agreement, without charge until December 31, 2032 December 31, 2034.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 5 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and ATHENS each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

ATHENS represents and warrants to City that, as of the date of this Amendment No. 5, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to ATHENS that, as of the date of this Amendment No. 5, ATHENS is not in default of any material term of the Agreement and that there have been no

01005.0001/1045401.1
events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

5. Authority. The persons executing this Amendment No. 5 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. 5 on behalf of said party, (iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of the Agreement, as amended, (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent the Parties from entering into this Amendment No. 5.
[SIGNATURES ON FOLLOWING PAGE]

01005.0001/1045401.1
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first above written.

CITY:

CITY OF IRWINDALE,
a California municipal corporation
By:_________________________________
Larry G. Burrola, Mayor
ATTEST:

By:

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

By:

Adrian R. Guerra, City Attorney

ATHENS:

ARAKELIAN ENTERPRISES, INC dba
ATHENS SERVICES, a California
corporation
By:__________________________________
Name: ______________________
Title: _________________________
By:__________________________________
Name: _________________________
Title: _________________________
Address: _________________________
_________________________
_________________________
Two corporate officer signatures required when Contractor 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.

CITY OF IRWINDALE

PLANNING COMMISSION STAFF REPORT

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
Date: December 18, 2024 Agenda Item No. 4-A
To: Honorable Chair and Members of the Planning Commission From: Marilyn Simpson, AICP, Community Development Director Project Planner: Marilyn Simpson, Community Development Director Project: Amendment No. 1 to Development Agreement No. 02-2016 Applicant: Anthony Bertrand, Arakelian Enterprises Inc. dba Athens Services Project Location: 2200 Arrow Highway (APN: 8535-001-039)

Planning Commission Meeting December 18, 2024
Amendment No. 1 to DA 02-2016
Staff Recommendation: That the Planning Commission:

Adopt Resolution No. 841(24) entitled, “A Resolution of the Planning Commission of the City of Irwindale Recommending that the City Council adopt an Ordinance approving Amendment No. 1 to Development Agreement 02-2016 By and Between the City of Irwindale and Arakelian Enterprises, Inc., a California Corporation, DBA Athens Services, Located at 2200 Arrow Highway, Irwindale, California (APN 8535-001-039) and Finding the Project exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15162”

REQUEST
The Applicant is requesting Amendment No. 1 to Development Agreement No. 02-2016 to reflect a request by Athens Services to postpone the construction of the Convenience Store to a later phase of the MRF/TS project.

BACKGROUND/HISTORY
The project site was purchased by the former Irwindale Community Redevelopment Agency (ICRA) on July 9, 1990. At the time of purchase, the site was vacant and the ICRA sought to facilitate development of the site for an after-market auto related use and other retail development. The after-market auto related use did not move forward.

In 2005, the Site was recognized, by virtue of its size and location relative to freeways and arterial roadways, as a suitable site for the development of the MRF/TS which would enable the City to meet its obligations with respect to waste disposal. Specifically, the State of California, through enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq. (the “Act”), had previously directed all local jurisdictions to promote recycling and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste required to be disposed of by land disposal.

Project entitlements originally began on June 8, 2016, with the intent to allow the applicant, Athens Services, to purchase the site in order to develop and operate the MRF/TS and convenience store/fueling station. The development of the site would provide the City and its residents with a state-of-the-art facility for solid waste disposal, recycling and source reduction.

On February 24, 2021 the Irwindale City Council conducted a duly noticed public hearing for the Material Recovery Facility and Transfer Station and adopted the following resolutions: Resolution No. 2021-06-3268 approving a Franchise & Facility Operations Agreement; Resolution No. CC2021-08-3270 & Resolution No. SA2021-13-3275 Certifying the Final Environmental Impact Report (SCH#2013051029) for the MRF/TS Project; Resolution No. CC2021-09-3271 & Resolution No. SA2021-14-3276 for the project Disposition and Development Agreement; Resolution No. 2021-10-3272 for General Plan Amendment No. 02-2016; Resolution No. 2021-11-3273 for Conditional Use Permit No. 02-2016; Resolution No. 2021-12-3274 approving Site Plan & Design Review (DA) No. 06-2016

Planning Commission Meeting December 18, 2024
Amendment No. 1 to DA 02-2016
On March 10, 2021, the Irwindale City Council adopted Ordinance No. 752 for Zone Ordinance Amendment No. 04-2016 to amend the Irwindale Municipal Code to allow a Materials Recovery Facility as a permitted use in the M-2 zone and related zoning requirements; and Ordinance No. 753 approving Development Agreement No. 02-2016 to allow the construction and operation of a Materials Recovery Facility and Transfer Station, Convenience Store, and Pubic Gas Station at the Site.

On November 13, 2024, the City Council adopted Resolution No. 2024-92-3569, approving a maintenance and wash bay canopy structure.

GENERAL PLAN AND ZONING
The site is designated in the General Plan as Industrial/Commercial. The property is zoned M-2 (Heavy Manufacturing). The following zones and uses surround the site:

Direction Existing Land Use Zoning District
North Santa Fe Dam A1 (Agricultural)
South
City of Baldwin Park Industrial: fronting Arrow Highway; Residential: approx.. 500’ south of
the Industrial Uses
East Santa Fe Dam & LADWP
Power Lines
A1 (Agricultural)
West Industrial/Distribution
Facility
M2 (Heavy Manufacturing)

ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, analyzed the project and certified the Materials and Recovery Facility and Transfer Station Final Environmental Impact Report (“FEIR”) (SCH # 2013051029) on February 24, 2021. It is proposed that the Planning Commission, on the basis of substantial evidence contained in the whole record, find and recommend that the City Council finds that the FEIR serves as the environmental review for the project and, pursuant to CEQA Guidelines section 15162, no additional environmental review is necessary because there have been no changes with respect to the overall scope under which the project is being undertaken and no new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

A copy of the FEIR and related environmental documents are posted on the City’s website at https://www.irwindaleca.gov/177/Materials-Recovery-Facility-Transfer. and available at the Irwindale Public Library and Deputy City Clerk’s Office.

Amendment No. 1 to Development Agreement No. 02-2016
A ± 2,587 square foot convenience store was included in the 2021 approval of Development Agreement No. 02-2016 for the MRF/TS project as part of Phase 1 of the

Planning Commission Meeting December 18, 2024
Amendment No. 1 to DA 02-2016
development. Pursuant to the terms of the Development Agreement, Athens proposed to construct the Project in three (3) phases, including the construction of the Convenience Store during Phase 1 of the Project. On November 8, 2023, the City Council adopted Resolution No. 2023-89-3467, authorizing the City Manager to execute a side letter agreement with Athens for the delivery and service of 100 additional carts beyond the standard three (3) carts issued to residential households at no cost to the City or its residents. The Letter Agreement was executed on January 30, 2024.

Thereafter, Athens requested to postpone the construction of the Convenience Store to Phase 3 of the Project. On January 24, 2024, the City Council directed Staff and the City Attorney’s Office to negotiate an amendment to the Development Agreement to reflect Athens Services’ request to defer the construction of the convenience store to a future phase
Following negotiation, Athens proposes the following: as consideration for the postponement of the Convenience Store to a later phase of the Project, Athens will agree as part of Amendment No. 1 to the Development Agreement to: 1) memorialize the current additional one hundred (100) barrels being provided by Athens to residential customers at no charge and to extend the term of this obligation from 2032 to December 31, 2034; and 2) extend the term of Athens’ obligation for residential pick-up services at no charge to either the residents or to the City from 2032 to December 31, 2034.

Analysis
Section 65868 of the California Government Code authorizes a development agreement to be amended, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest pursuant to sections 65867-65867.5 of the California Government Code. Prior to approval of an amendment to a development agreement, the Planning Commission must hold a noticed public hearing and provide a recommendation to the City Council. (Gov. Code § 65867.) After the Planning Commission holds a public hearing and provides a recommendation, the legislative body must approve a development agreement by adoption of an ordinance. (Gov. Code § 65867.5(a)) The provisions of the amendment to a development agreement must be found by the City Council to be consistent with the general plan and any applicable specific plan. (Gov.

Code § 65867.5(b).)
The provisions of the proposed Amendment No. 1 to the Development Agreement are consistent with the goals and policies of the City’s General Plan, as amended by General Plan Amendment No. 02-2016. The subject site has a land use designation as Commercial/Industrial and is zoned M-2, which permits light industry, heavy industry, and commercial uses, consistent with the Project as contemplated by the Development Agreement. The proposed Amendment No. 1, will facilitate development of the MRF/TS during Phase 1, and postpones the construction of the Convenience Store to Phase 2 or Phase 3 of the Project. Upon Project completion, the site will operate under Commercial and Industrial uses, and the Amendment No. 1 is consistent with the goals and policies of the City’s General Plan.

Planning Commission Meeting December 18, 2024
Amendment No. 1 to DA 02-2016

CONCLUSION
It is recommended that the Planning Commission take the following action:

1. Adopt Resolution No. 841(24) recommending that the City Council approve Amendment No. 1 to Development Agreement No. 02-2016
Alternative Actions:

2. Request that staff prepare a resolution of denial based on recommended Findings of Fact to be brought back at the next regularly scheduled Planning Commission meeting for adoption, OR

3. Request that the applicant revise the project and continue the hearing to a date certain.

ATTACHMENTS
Exhibit A: Resolution No. 841(24) for Amendment No. 1 to DA 02-2016 Exhibit B: Amendment No.1 to Development Agreement No. 02-2016 Exhibit C: Ordinance No. 768

January 2025
Reference
Number Vendor Name Date Amount
WFB-54 CJPIA Excess Pool 1/13/2025 21,267.16
ACH US Bank 1/10/2024 42,224.88
Report Total: 63,492.04
Electronic Payments
January 1 - 31, 2025

Checks by Date - Summary by Check Number
User:

Printed:
103537 AMAZON1 Amazon Capital Services, Inc. 12/03/2024 2,867.60 Accounts Payable
stapia
1/13/2025 3:35 PM
Check No Vendor No
ALESHIRE Aleshire & Wynder, LLP 12/05/2024 83,387.20
Vendor Name Check Date Check Amount
AMAZON1 Amazon Capital Services, Inc. 12/05/2024 674.22 103538 ALESHIRE Aleshire & Wynder, LLP 12/05/2024 96,012.00 103539
ARELL02 Lucia Arellano 12/05/2024 75.00
103540 ALESHIRE Aleshire & Wynder, LLP 12/05/2024 106,780.88 103541
AT&T06 AT & T 12/05/2024 88.05
103542 AMERIFID American Fidelity Assurance 12/05/2024 8,490.64 103543
BLANSETB Barry Blanset 12/05/2024 300.00
103544 AT&T02 AT & T 12/05/2024 34.45
103545
BURROL07 Lorene Burrola 12/05/2024 300.00
103546 ATHENS Athens Services 12/05/2024 6,049.43
103547
CANCHE01 Jessica Canche 12/05/2024 75.00
103548 BURGUA01 Rene Burguan 12/05/2024 2,800.00
103549
CARRE02 Lissette Carreno 12/05/2024 462.00
103550 CAMPOS03 Manuel Campos 12/05/2024 200.00
103551
CHARTE04 Charter Communicatons 12/05/2024 105.62
103552 CARDE01 Maria Cardenas 12/05/2024 75.00
103553
CINTAS Cintas Corporation #693 12/05/2024 294.94
103554 CHARTE01 Charter Communications 12/05/2024 1,546.37 103555
FLORE01 Karla Flores 12/05/2024 280.00
103556 CHICO05 Robert Chico 12/05/2024 75.00
103557
GARCIA03 Manuel Garcia 12/05/2024 607.34
103558 NATURAL0 Clean Coalition 12/05/2024 9,900.00
103559
GONZ20 Manuel Gonzalez 12/05/2024 1,100.00
103560 FRONT01 Frontier Communications 12/05/2024 727.55 103561
KUBA01 Claudia Kubata 12/05/2024 75.00
103562 GONZA01 Ana Gonzalez 12/05/2024 75.00
103563
LI22 Yoana Li 12/05/2024 75.00
103564 KEYSTO Keystone Uniform Depot 12/05/2024 396.90
103565
MATA02 Francisco Mata 12/05/2024 4,950.22
103566 Leal20 Yolanda Leal 12/05/2024 75.00
103567
MOUNT01 MNRO Holdings, LLC 12/05/2024 1,225.22
103568 LOPEZ22 Margarita Lopez 12/05/2024 10.00
103569
PEARSO01 NCS Pearson, Inc 12/05/2024 272.00
103570 MIRAND25 Blanche V. Miranda 12/05/2024 520.00
103571
OPTUM01 OptumRx, Inc. 12/05/2024 30,539.42
103572 MUNOZ12 Isabel Munoz 12/05/2024 75.00
103573
BUCK01 Cameron J Saylor 12/05/2024 2,779.68
103574 OFFICE03 ODP Business Solutions, LLC 12/05/2024 320.29 103575
GASCOM SoCalGas 12/05/2024 2,813.41
103576 ACCOUN Robert Half 12/05/2024 4,793.14
103577
VALLEY01 Valley County Water District 12/05/2024 4,292.46 103578 SCHOCK01 Susan Schock 12/05/2024 240.00
103579
VISION01 Vision Service Plan - (CA) 12/05/2024 2,194.53 103580 UNITED11 United Site Services of CA Inc 12/05/2024 273.00 103581
103583 WAGONER Pamela Wagoner 12/05/2024 420.00
103584

CALIFO56 California State Disbursement Unit 12/12/2024 604.15 FRANC06 Franchise Tax Board 12/12/2024 488.25
103585 LosAngel Los Angeles County Tax Collector 12/09/2024 5,117.60 103586
AMAZON1 Amazon Capital Services, Inc. 12/12/2024 1,688.02 103587 CALIFO57 California State Disbursement Unit 12/12/2024 143.07 103588
BAKER10 Bakers Man Production 12/12/2024 1,900.00
103589 LOSANG31 Los Angeles County Sheriff's Dept. 12/12/2024 103.27 103590
OROSCO05 Rebecca Bardales 12/12/2024 63.93
103591 AMBRIZ05 Albert Ambriz 12/12/2024 5.31
103592
BLACK04 Black- J Teez LLC 12/12/2024 149.23
103593 MIJACA Balcon Holdings, Inc. 12/12/2024 145.00
103594
SANGAB11 California Newspapers Partnership 12/12/2024 8,312.66 103595 BILLST Bill's Truck Repair, Inc. 12/12/2024 215.00 103596
CINTAS Cintas Corporation #693 12/12/2024 139.03
103597 CALIFO02 California American Water 12/12/2024 965.19 103598
COLLEY01 Colley Auto Cars, Inc. 12/12/2024 1,082.12
103599 CASTIL06 John Castillo 12/12/2024 279.00
103600
LOSANG33 County of Los Angeles 12/12/2024 4,491.54
103601 BALDWI02 City of Baldwin Park 12/12/2024 1,050.00 103602
GALLE01 Gloria Gallegos 12/12/2024 130.00
103603 CONCE01 Concentra 12/12/2024 312.00
103604
HDL01 Hdl Software, LLC 12/12/2024 34.56
103605 CPS01 CPS HR Consulting 12/12/2024 1,273.50
103606
HOYEN Noelle Hoye 12/12/2024 910.00
103607 SOUTHE17 Golden State Water Company 12/12/2024 2,531.98 103608
IRWIND21 Irwindale Hand Wash & Auto Detail 12/12/2024 422.85 103609 HOMEDE Home Depot Credit Services 12/12/2024 508.39 103610
KOSMON Kosmont Companies 12/12/2024 4,092.40
103611 IIMC02 International Institute of 12/12/2024 135.00 103612
LIEBERT Liebert Cassidy Whitmore 12/12/2024 100.00
103613 JOHN01 Roger William Johnson 12/12/2024 1,200.00 103614
PALM02 Jarrod Palmer 12/12/2024 55.61
103615 LANCES Lance, Soll & Lunghard LLP 12/12/2024 43,562.00 103616
PETTYC02 City of Irwindale-Rec Petty Cash 12/12/2024 426.83 103617 LOPEZM02 Marguerite Lopez 12/12/2024 300.00
103618
RIGHT01 Right of Way, Inc. 12/12/2024 1,920.30
103619 PHASEII PARS 12/12/2024 1,750.00
103620
RODRIG04 Elizabeth Rodriguez 12/12/2024 127.80
103621 PLAN01 PlanetBids, LLC 12/12/2024 11,602.50
103622
CENTRO01 Safeguard Business Systems, Inc. 12/12/2024 215.04 103623 ACCOUN Robert Half 12/12/2024 1,629.50
103624
SCFUELS SC Fuels 12/12/2024 5,123.49
103625 ROSENO RSG Inc. 12/12/2024 5,056.25
103626
SMART& Smart & Final 12/12/2024 1,174.45
103627 SALGAD02 Michele Salgado 12/12/2024 88.19
103628
STATEO01 State Of California 12/12/2024 303.00
103629 SEMA02 SEMA INC 12/12/2024 2,764.76
103630
VALLEY01 Valley County Water District 12/12/2024 18,818.13 103631 SCE02 Southern California Edison 12/12/2024 37,093.17 103632
Report Total (97 checks): 550,777.63
AP Checks by Date - Summary by Check Number (1/13/2025 3:35 PM) Page 2 103633 SWEET02 Sweet Moments Photobooth LLC 12/12/2024 450.00 103634

Checks by Date - Summary by Check Number
User:

Printed:

Accounts Payable
stapia
1/13/2025 3:51 PM
Check No Vendor No Vendor Name Check Date Check Amount
103638 ALESHIRE Aleshire & Wynder, LLP 12/19/2024 44,991.97 103639 BLUE03 Blue Star Pools Inc 12/19/2024 202,111.75 103648 ALLCI01 All City Management Services, Inc 12/26/2024 1,357.88 103649 BAKER01 Baker & Taylor Books 12/26/2024 1,730.62 103650 MIJACA Balcon Holdings, Inc. 12/26/2024 222.00
103651 BURRO01 Burro Canyon Ent. Inc. 12/26/2024 10.00
103652 CALI12 California Consulting Inc. 12/26/2024 4,700.00 103653 CDW01 CDW Government 12/26/2024 837.79
103654 CHANDL Chandler's Air Conditioning & 12/26/2024 1,720.86 103655 BALDWI02 City of Baldwin Park 12/26/2024 350.00
103656 COPWARE CopWare, Inc. 12/26/2024 965.00
103657 COSTA01 Costar Realty Information, Inc. 12/26/2024 438.90 103658 LACOUN02 County of Los Angeles 12/26/2024 121.00 103659 LOSANG33 County of Los Angeles 12/26/2024 82,534.46 103660 CRAFT01 Craftwater Engineering, Inc. 12/26/2024 7,221.50 103661 CWA01 CWA AIA, Inc 12/26/2024 20,867.35
103662 CWE01 CWE 12/26/2024 66,185.77
103663 ECOLAB01 ECOLAB 12/26/2024 37.37
103664 BATE01 Elior Inc. 12/26/2024 3,697.50
103665 EMERGE04 Emergency Response 12/26/2024 650.00
103666 FILLG01 Fill Good Landscaping 12/26/2024 415.00
103667 FRAZ01 Frazier Capitol Valuation, Inc 12/26/2024 3,300.00 103668 GEOLOG Geologic Associates 12/26/2024 54,353.00
103669 INTELL01 Intelli-tech, Inc. 12/26/2024 27,565.00 103670 INTER01 Interwest Consulting Group 12/26/2024 375.00 103671 JOEAGO Joe A. Gonsalves & Son 12/26/2024 2,375.00 103672 KIML01 Kimley-Horn and Associates, Inc. 12/26/2024 1,840.00 103673 LANDSC Landscape Warehouse III Inc. 12/26/2024 1,199.81 103674 MIDAS Manuel C Muratalla 12/26/2024 2,451.81
103675 MARIPO Mariposa Landscapes, Inc. 12/26/2024 21,305.89 103676 MEJIA05 Jaime Emmanuel Mejia 12/26/2024 955.00
103677 METR01 Metrocell Construction, Inc. 12/26/2024 7,619.90 103678 MOTOR02 Motorola Solutions 12/26/2024 10,260.72
103679 NAN01 Nancy K Bohl Inc 12/26/2024 2,083.00
103680 NICH01 Nichols Lumber & Hardware CO 12/26/2024 158.82 103681 NOVA01 Nova Geotechnical & Inspection Services - SoCal 12/26/2024 1,312.50 103682 OFFICE03 ODP Business Solutions, LLC 12/26/2024 1,813.56 103683 ORKINP Orkin Pest Control 12/26/2024 232.99
103684 PAYN01 Payne Pest Management, Inc. 12/26/2024 288.00 103685 PEER01 Peerless Network, Inc 12/26/2024 2,785.54 103686 PERF03 Performance Elevator Contractors, Inc. 12/26/2024 380.00 103687 ADAMPP Proffesional Police Supply Inc. 12/26/2024 9,828.24 103688 PURCHA Purchase Power 12/26/2024 4,354.45
103689 RANCHO01 Rancho Duarte Florist 12/26/2024 424.46 103690 SANBER04 San Bernardino County Sheriff's Dept 12/26/2024 46.00 103691 SOUTH09 Southern Computer Warehouse Inc, 12/26/2024 4,156.94 103692 SWANA SWANA 12/26/2024 335.00

103693 SWRCB SWRCB Fees 12/26/2024 11,224.00
103694 TAB01 TAB Products Co. LLC 12/26/2024 1,575.00
103695 THOM01 Thomson Reuters- West 12/26/2024 518.18
103696 TPX 01 TPX Communications 12/26/2024 126.33
103697 ARAM01 Vestis Services, LLC 12/26/2024 223.49
103698 YTIRES Y Tire Sales 12/26/2024 760.32
103699 ALVARE02 Isabel Alvarez 12/19/2024 75.00
103700 CINGULAR AT & T Mobility 12/19/2024 1,806.36
103701 Ayala01 Leonor Ayala 12/19/2024 400.00
103702 AZUSALW Azusa Light & Water 12/19/2024 300.42
103703 BARRAG03 Martha Barragan 12/19/2024 75.00
103704 CALIFO02 California American Water 12/19/2024 1,047.55 103705 CINTAS Cintas Corporation #693 12/19/2024 186.65 103706 NATURAL0 Clean Coalition 12/19/2024 2,500.00
103707 CONCE01 Concentra 12/19/2024 250.00
103708 CORNEJOD Diego Cornejo 12/19/2024 813.00
103709 ESPI11 Victoria M. Espino 12/19/2024 120.00
103710 EVANS02 Gloria Evans 12/19/2024 225.00
103711 FEDEX FedEx 12/19/2024 51.03
103712 FLORE01 Karla Flores 12/19/2024 560.00
103713 GAMEZ01 Pablo Gamez 12/19/2024 363.94
103714 HART02 Robert Hartman 12/19/2024 300.00
103715 IRWIND21 Irwindale Hand Wash & Auto Detail 12/19/2024 270.93 103716 JOHNNY02 Johnny's Pool Service 12/19/2024 473.97 103717 LIEBERT Liebert Cassidy Whitmore 12/19/2024 1,376.00 103718 PADILLAM Melissa Marez 12/19/2024 64.66
103719 MARQ10 Gonzalo Marquez 12/19/2024 75.00
103720 MIRAND25 Blanche V. Miranda 12/19/2024 260.00
103721 NICH01 Nichols Lumber & Hardware CO 12/19/2024 1,026.29 103722 NUNE25 Cesar Nunez 12/19/2024 628.00
103723 OPTUM01 OptumRx, Inc. 12/19/2024 29,092.61
103724 OSTERH01 Delfina Osterheim 12/19/2024 632.04
103725 PONCE04 Delicia Ponce 12/19/2024 111.70
103726 LEGAL03 Pre-Paid Legal Services, Inc. 12/19/2024 110.65 103727 ROBLES03 Michael Robles 12/19/2024 200.00
103728 RUGG02 Mary Dolores Ruggio 12/19/2024 900.00
103729 SECT01 Sectran Security Inc. 12/19/2024 124.07
103730 STROBE03 Gary Strobehn 12/19/2024 782.84
103731 SUAR01 Silvia Suarez 12/19/2024 75.00
103732 TAPIA01 Matthew Tapia 12/19/2024 45.10
103733 TAPIAP Paul Tapia 12/19/2024 20.00
103734 TAPIA22 Ricardo Tapia 12/19/2024 300.00
103735 TEXAS01 Texas Life Insurance Co. 12/19/2024 4,218.49 103736 VALOR01 Valorence, LLC 12/19/2024 11,200.86
103737 verizonw Verizon Wireless 12/19/2024 3,420.50
103738 WAGONER Pamela Wagoner 12/19/2024 560.00
103739 SIMG01 Simgel Co. Inc 12/26/2024 730,941.82
103740 ACCOUN Robert Half 12/23/2024 1,386.80
103741 SCE02 Southern California Edison 12/23/2024 1,890.44 103742 VISION01 Vision Service Plan - (CA) 12/23/2024 2,027.76 103743 CALIFO56 California State Disbursement Unit 12/24/2024 604.15 103744 CALIFO57 California State Disbursement Unit 12/24/2024 143.07 103745 CALIFO58 California State Disbursement Unit 12/24/2024 100.00 103746 CITY01 City of Hope 12/24/2024 34.00
103747 FRANC06 Franchise Tax Board 12/24/2024 488.25
103748 ICEA Irwindale City Employee Assoc. 12/24/2024 897.00 103749 IMEA Irwindale Mgmt Employee Assoc. 12/24/2024 510.00

103750 IRWIND02 Irwindale Police Officers Assoc. 12/24/2024 3,068.00 103751 LOSANG31 Los Angeles County Sheriff's Dept. 12/24/2024 194.72 103752 AGUILA06 Luz Aguilar 12/30/2024 50.00
103753 AT&T02 AT & T 12/30/2024 34.45
103754 AT&T06 AT & T 12/30/2024 1,716.29
103755 CINGULAR AT & T Mobility 12/30/2024 38.63
103756 CHARTE01 Charter Communications 12/30/2024 1,077.01 103757 CINTAS Cintas Corporation #693 12/30/2024 278.06 103759 EVAN05 Theresa Evans 12/30/2024 1,680.00
103760 FRONT01 Frontier Communications 12/30/2024 101.77 103761 FRONT01 Frontier Communications 12/30/2024 325.94 103762 FRONT01 Frontier Communications 12/30/2024 457.52 103763 FRONT01 Frontier Communications 12/30/2024 232.02 103764 FRONT01 Frontier Communications 12/30/2024 43.23 103765 FRONT01 Frontier Communications 12/30/2024 86.46 103766 FRONT01 Frontier Communications 12/30/2024 529.30 103767 FRONT01 Frontier Communications 12/30/2024 43.23 103768 SCFUELS SC Fuels 12/30/2024 5,494.30
103769 SCE02 Southern California Edison 12/30/2024 13,712.17 103770 VALLEY01 Valley County Water District 12/30/2024 1,196.07 103771 NATURAL0 Clean Coalition 01/08/2025 4,100.00
103772 CALIFO56 California State Disbursement Unit 01/09/2025 604.15 103773 CALIFO57 California State Disbursement Unit 01/09/2025 143.07 103774 FRANC06 Franchise Tax Board 01/09/2025 490.51
103775 LOSANG31 Los Angeles County Sheriff's Dept. 01/09/2025 104.77 103776 AGUILA06 Luz Aguilar 01/09/2025 60.58
103777 AMAZON1 Amazon Capital Services, Inc. 01/09/2025 620.01 103778 AZUSALW Azusa Light & Water 01/09/2025 683.86
103779 MIJACA Balcon Holdings, Inc. 01/09/2025 184.00
103780 CALIFO02 California American Water 01/09/2025 2,433.06 103781 CARDEN01 Rudy Cardenas 01/09/2025 150.00
103782 GALLARDC Claudia Carlos 01/09/2025 1,500.00
103783 CHANDL Chandler's Air Conditioning & 01/09/2025 598.98 103784 CINTAS Cintas Corporation #693 01/09/2025 139.03 103785 CITYOF11 City of Azusa 01/09/2025 2,275.00
103786 CLIFFO02 CliffordMoss LLC 01/09/2025 3,080.00
103787 EG01 E. G. Brennan & Co. Corp. 01/09/2025 195.00 103788 FILLG01 Fill Good Landscaping 01/09/2025 415.00
103789 SOUTHE17 Golden State Water Company 01/09/2025 2,682.34 103790 HDL01 Hdl Software, LLC 01/09/2025 34.56
103791 HINDER Hinderliter, De Llamas & Assoc 01/09/2025 3,462.64 103792 HOMEDE Home Depot Credit Services 01/09/2025 1,032.24 103793 HOYEN Noelle Hoye 01/09/2025 840.00
103794 IRWIND02 Irwindale Police Officers Assoc. 01/09/2025 313.58 103795 JOEAGO Joe A. Gonsalves & Son 01/09/2025 2,375.00 103796 LACOPO LACPCA 01/09/2025 300.00
103797 LOPEZJ01 Jade Lopez 01/09/2025 75.86
103798 MARINJ Jose Marin Jr. 01/09/2025 292.58
103799 NORMAN02 Norman A. Traub Associates 01/09/2025 9,040.00 103800 RIGHT01 Right of Way, Inc. 01/09/2025 48.07
103801 SLENV01 S.L. Environmental Transportation LLC 01/09/2025 6,765.00 103802 GASCOM SoCalGas 01/09/2025 2,057.84
103803 TAPIA11 Sylvia Tapia 01/09/2025 1,500.00
103804 UNITED11 United Site Services of CA Inc 01/09/2025 862.50 103805 WILL01 April Williams 01/09/2025 360.00
103806 ALLIAN02 Alliant Insurance Svcs, Inc.- Irvine Main 01/22/2025 198.00 103807 ATHENS Athens Services 01/22/2025 6,049.43

103808 BAKER01 Baker & Taylor Books 01/22/2025 16.10
103809 BAKER10 Bakers Man Production 01/22/2025 1,000.00 103810 BILLST Bill's Truck Repair, Inc. 01/22/2025 531.46 103811 BLUE03 Blue Star Pools Inc 01/22/2025 178,962.52 103812 BRITEW BriteWorks, Inc. 01/22/2025 12,847.12
103813 CHARTE01 Charter Communications 01/22/2025 369.67 103814 DEPTOF02 County of LA Dept of Animal Care & Control 01/22/2025 7,991.54 103815 CPRSCA CPRS Park & Recreation 01/22/2025 145.00
103816 CRAFT01 Craftwater Engineering, Inc. 01/22/2025 879.00 103817 CWA01 CWA AIA, Inc 01/22/2025 4,500.00
103818 DELONG Delong Unlimited 01/22/2025 1,598.63
103819 DIVISI01 Division of the State Architect 01/22/2025 68.00 103820 EGL01 EGL Associates Inc. 01/22/2025 11,175.00
103821 BATE01 Elior Inc. 01/22/2025 3,251.25
103822 ENVIRO05 Environmental Science Associates (ESA) 01/22/2025 913.12 103823 EPOCH01 EPOCH 01/22/2025 3,850.00
103824 EWINGI Ewing Irrigation Products, Inc. 01/22/2025 67.76 103825 FABE01 Faber Communications 01/22/2025 567.47
103826 FCG01 FCG Consultants Inc. 01/22/2025 9,322.12
103827 GARV02 Garv Inc. 01/22/2025 6,290.60
103828 GEN01 General Technologies and Solutions (GTS) LLC01/22/2025 23,477.08 103829 GEOLOG Geologic Associates 01/22/2025 10,075.45
103830 HEWLET01 Hewlett Packard Enterprise Co. 01/22/2025 8,712.12 103831 IMPE01 Imperial County Office of Education 01/22/2025 3,052.96 103832 ITERIS Iteris, Inc. 01/22/2025 700.00
103833 LANCES Lance, Soll & Lunghard LLP 01/22/2025 405.00 103834 LAWE01 Law Enforcement Medical Services, Inc. 01/22/2025 1,225.00 103835 LSA01 LSA Associates, Inc. 01/22/2025 21,777.50
103836 MIDAS Manuel C Muratalla 01/22/2025 2,740.46
103837 MERCUR Mercury Fence Co., Inc. 01/22/2025 350.00 103838 NAN01 Nancy K Bohl Inc 01/22/2025 2,083.00
103839 OFFICE03 ODP Business Solutions, LLC 01/22/2025 2,400.51 103840 PAYN01 Payne Pest Management, Inc. 01/22/2025 288.00 103841 PEER01 Peerless Network, Inc 01/22/2025 1,392.77 103842 PROPRINT Pro Printing, Inc. 01/22/2025 286.50
103843 ROGELI Rogelio's Upholstery 01/22/2025 145.00
103844 SOUTH09 Southern Computer Warehouse Inc, 01/22/2025 931.15 103845 STERIC01 Stericycle, Inc. 01/22/2025 100.12
103846 SULLYM01 Sully-Miller Contracting Co. 01/22/2025 842,887.61 103847 V&V01 V & V Manufacturing, Inc. 01/22/2025 283.23 AP Checks by Date - Summary by Check Number (1/13/2025 3:51 PM) Page 4 103848 WESTCO05 West Coast Arborists, Inc. 01/22/2025 26,154.75 Report Total (202 checks): 2,701,701.02

Item #20.B.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Annual Bulletproof Vest Partnership (BVP) grant with the Department of Justice City Manager's Recommendation:

Adopt Resolution No. 2025-07-3595 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING THE IRWINDALE POLICE DEPARTMENT’S PARTICIPATION IN AN ANNUAL BALLISTIC VEST PARTNERSHIP GRANT OFFERED BY THE U.S. DEPARTMENT OF JUSTICE, AND

APPROVING AN ADDITIONAL APPROPRIATION FOR RECORDING THE REVENUE AND EXPENDITURE FOR THIS GRANT IN THE CITY OF IRWINDALE’S FEDERAL FUND” reading by title only and waiving further reading thereof, thereby authorizing the Police Department to continue to seek reimbursement for ballistic vest cost through the U.S. Department of Justice Ballistic Vest Partnership Grant Act of 1998.

Administrative Action:

Submitted by:

Chris Hofford, Chief of Police
Prepared by:

John Fraijo, Police Captain
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Police Department currently provides soft body armor to all officers and half of the cost may be reimbursed for this body armor from the Ballistic Vest Partnership (BVP) Grant Act of 1998.

Each year BVP is provided with a list of the total number of officers whose ballistic vest will be expiring (every 5 years) and projected cost of vests for the eligible applicant's during the calendar year.

Participation in this U.S. Department of Justice grant shall be on-going and may be approved by the Chief of Police in consultation with City Manager.

Fiscal Impact:

The BVP Grant is a federal grant and must be accounted for in a separate fund designated specifically for federally funded projects and programs. The City anticipates receiving $6,360 in BVP grant amount, which is approximately 50% of the cost of ballistic vests to be purchased. Therefore, the total cost of the ballistic vests to be purchased is $12,878.84.

The City will initially acquire the ballistic vests using IPD's FY 2024-2025 budget and then submit for reimbursement for the said $6,360. Upon receipt, the City will accept and record the funds under appropriate accounts accordingly.

Attachments:

1. 2024 BVP Award Notification

2. Resolution BVP participation 2024(1044575.1)

RESOLUTION NO. 2025-07-3595

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING THE IRWINDALE POLICE DEPARTMENT’S PARTICIPATION IN AN ANNUAL BALLISTIC VEST PARTNERSHIP GRANT OFFERED BY THE U.S. DEPARTMENT OF JUSTICE,

AND APPROVING AN ADDITIONAL APPROPRIATION FOR RECORDING THE REVENUE AND EXPENDITURE FOR THIS GRANT IN THE CITY OF IRWINDALE’S FEDERAL FUND WHEREAS, the Irwindale Police Department (IPD) currently provides soft body armor to all officers; and
WHEREAS, the Ballistic Vest Partnership (BVP) Grant Act of 1998 has reimbursed at least half of the cost of this body armor since 2000; and WHEREAS, BVP is provided with a list of the total number of officers whose ballistic vest will be expiring (every 5 years) during the calendar year along with the projected cost to replace these vests; and
WHEREAS, participation in this U.S. Department of Justice grant shall be ongoing and may be approved by the Chief of Police in consultation with the City Manager; and
WHEREAS, the BVP Grant is a federal grant and must be accounted for in a separate fund designated specifically for federally funded projects and programs. The BVP grant amount is $6,360, which has been awarded to cover approximately 50% of the cost of ballistic vests to be purchased. Therefore, the total cost of the ballistic vests to be purchased is $12,878.84, with the remaining $6,520 expenditure amount charged to the IPD’s FY 2024-2025 budget, which has already been accounted for; and WHEREAS, the City desires to accept and appropriate $6,360 in BVP Grant Funds (Fund 31) and utilize $6,520 from IPD FY 2024-2025 budgeted funds to acquire the ballistic vests for IPD.

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

SECTION 1. The City Council hereby authorize acceptance and appropriation of BVP Federal Grant Funds in the amount of $6,360 and utilize $6,520 of IPD FY 2024-2025 budgeted funds from account 01-35-353-42241-0000, for a total of $12,878.84 to acquire the ballistic vests for IPD.

SECTION 2. The Chief of Police, City Manager, and Finance Director are hereby authorized and directed to facilitate and administer the City of Irwindale’s continued participation in the BVP and use of funds. City staff shall also submit all necessary documentation to the U.S. Department of Justice for reimbursement of ballistic vest costs.

SECTION 3. 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 22nd day of January 2025. ______________________
Larry G. Burrola, Mayor
ATTEST:
_____________________
Laura Nieto,
Chief Deputy City Clerk

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-07-3595 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 22nd day of January, 2025, by the following vote:

Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
______________________
Laura Nieto
Chief Deputy City Clerk

Item #20.C.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Appropriate Asset Forfeiture Funds and Interest
City Manager's Recommendation:

Adopt Resolution No. 2025-12-3600, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT."
Administrative Action:

Submitted by:

Chris Hofford, Chief of Police
Prepared by:

John Fraijo, Police Captain
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The Department of Justice (DOJ) Equitable Sharing Program (Asset Forfeiture) was federally enacted in 1984. The primary purpose of this program is to assist law enforcement in the deterrence of crime by depriving criminals of the profits and proceeds of their criminal activities and to weaken criminal enterprises by removing the instrumentalities of crime. An ancillary purpose of this program is to enhance cooperation among federal, state and local law enforcement agencies through the equitable sharing of federal forfeiture proceeds.

The Irwindale Police Department in cooperation with federal, state, and local agencies, has participated in several investigations over the past four years that have resulted in the seizure of personal property to include automobiles and U.S. currency. Through the Equitable Sharing Program, the police department applied for and received a portion of funds from each related investigation from both federal and state equitable sharing programs. Allocations of funds through these programs are determined by the percentage of time and effort that a participating agency puts toward the case investigation that resulted in seized property.

Federal and state laws dictate permissible and non-permissible purchases that can be made with the received asset forfeiture funds under the asset forfeiture program. Permissible items for purchase with the received funds include law enforcement training in any area that is necessary to perform official law enforcement duties, equipment and operations for investigations and official law enforcement duties, telecommunications equipment, and law enforcement facilities and related items to include government furniture.

Asset forfeiture funds cannot be used for regular salaries of existing police officers, but may be used for the salary of police officers assigned to a specific task force for a specified period of time or under certain other conditions. The permissible appropriation of funds includes:
• Salary and overtime costs associated with asset forfeiture investigations • Law enforcement training
• Hardware, software, wireless connectivity and other required equipment related to the department's reporting and telecommunications infrastructure • Radio Communication Systems / In-car camera system / MDC-Mobile Data • Video surveillance equipment
• Equipment and operations related to investigations
• Executive Conferences - In State/Out of State

The police department has received an additional $280,569.49 for fiscal year 2024-2025 in federal asset forfeiture proceeds and $17,663.09 in interest from the prior year. During the City Council meeting on 01-08-2025, $38,046.14 was previously appropriated from this total for the purchase of a Honda Police Vehicle under Resolution No. 2025-08-3596. These Irwindale Police Department federal asset forfeiture funds are held in the Federal Treasury Fund (Fund 16). These funds are separate from the General Fund, and supplemental to the current operating budget.

Fiscal Impact:

The attached resolution allows for the receipt of, and an appropriation of $260,186.44 in federal asset forfeiture revenue and interest from the prior year to be distributed to the City’s expenditure accounts as follows:
• $110,186.44 to Operating Supplies Account No.16-35-370-42200-0000 • $50,000.00 to Vehicles Account No. 16-35-370-44400-0000 • $20,000.00 to Computer Systems Account No. 16-35-370-44300-0000 • $80,000.00 to Large Tools Account No. 16-35-370-44500-0000 Attachments:

1. Resolution Asset Forfeiture Appropriation 01-22-25(1044638.1)

01247.0006/1044638.1
RESOLUTION NO. 2025-12-3600

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

CALIFORNIA, APPROVING RECEIPT OF AND APPROPRIATING

FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE

IRWINDALE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and WHEREAS, the City of Irwindale Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past years; and
WHEREAS, the United States Department of Justice and the California Department of Justice have an Equitable Sharing Program that allows law enforcement agencies to share in federal forfeiture proceeds from property seized during these investigations; and WHEREAS, federal and state laws dictate that these funds must be utilized by the Police Department for investigations and operations related to asset forfeiture investigations and/or training and equipment related to official law enforcement duties; and WHEREAS, the Police Department has received an additional $280,569.49 in federal asset forfeiture proceeds for fiscal year 2024-2025 and $17,663.09 in interest from the prior year. During the City Council meeting on January 8, 2025, $38,046.14 was previously appropriated from this total for the purchase of a Honda Police Vehicle under Resolution No. 2025-08-3596. The remaining funds are ready for use by the Police Department in accordance with federal and state law requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. Asset forfeiture funds obtained through the U.S. Department of Justice Equitable Sharing Program and interest, in the amount of $260,186.44 are approved, received as supplemental to the Police Department Budget, and available to be appropriated.

SECTION 2. The City Council hereby appropriates the $260,186.44 in federal asset forfeiture funds to the following City of Irwindale Police Department expenditure accounts as follows:
a. $110,186.44 to Operating Supplies Account No.16-35-370-42200-0000 b. $50,000.00 to Vehicles Account No. 16-35-370-44400-0000 c. $20,000.00 to Computer Systems Account No. 16-35-370-44300-0000 d. $80,000.00 to Large Tools Account No. 16-35-370-44500-0000 These funds shall be used in accordance with federal and state law for expenditure of federal asset forfeiture funds.

SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

01247.0006/1044638.1
Resolution No.2025-12-3600

PASSED, APPROVED AND ADOPTED this 22nd day of January, 2025.

Larry G. Burrola, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-12-3600 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 22
nd day of January, 2025, by the followingvote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2025-12-3600

01247.0006/1044638.1

Item #20.D.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Rejection of Claim - Cristian Castaneda
City Manager's Recommendation:
(1) Reject the claim of Cristian Castaneda vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On January 7, 2024, the City received a claim for damages from claimant Cristian Castaneda. Claimant Castaneda alleges that on July 9, 2024, his father was riding his bike on Arrow Highway, west of Rivergrade Road in Irwindale, when he was struck by a stolen vehicle driven by a prior felon. Claimant

Castaneda alleges that the Irwindale Police Department failed to apprehend the driver before his actions killed the decedent, Raul Castaneda.

The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that a public entity is not liable for an injury through act omission of the entity, employee or other person; that a public entity is not liable for injury caused by adopting or failing to adopt an enactment or by failing to enforce any law; that a public employee is not liable for injury resulting from his act or omission due to discretion invested in him whether abused or not; that a public employee for his actor or omission, exercising, due care in the enforcement of any law; and that a public employee is not liable for injury caused by act or omission of others. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None
Attachments:

1. Claim for Damages - Cristian Castaneda

2. Recommendation for Rejection - Cristian Castaneda

CITY OF IRWINDALE

CLAIM FOR DAMAGES

IRWINDALE TO PERSON OR PROPERTY

INSTRUCTIONS

1. Claims for death, injury to person or to personal property must be filed not later than 6 months after the occurrence.

2. Claims for damages to real property must be filed not later than 1 year after occurrence.

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706

RECEIVED

JAN, U,T
01 2u2;-Pv

CIW OF IRWINDALE
CITYclttl & IDEM
Filing Stamp
To: City of Irwindale Claimant' s Date of Birth
Name of Claimant Claimant' s Occupation
Cristian Castaneda
Home Address of Claimant Home Telephone Number
Business Address of Claimant Business Telephone Number

N/ A N/ A
Name and address to which you desire notices or communications to be sent regarding this claim:

Sevy Fisher, Esq.; 2916 W. 164th St., Torrance, CA 90504; teamhermosa@justiceteam. com When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date: July 9, 2024
Time: Unknown to Claimants, as the police report has not been released If claim is for Equitable Indemnity, give date due to an ongoing investigation. claimant served with complaint: N/ A
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:

North side of Arrow Highway, West of Rivergrade Road in Irwindale, CA. The closest coordinates are: 34. 11208N, 1117.96924W.

Describe in detail how the DAMAGE or INJURY occurred.

Claimants' father was riding his bike when he was struck by a stolen vehicle, driven by prior felon, Jonathan Calixto. The car he was driving was stolen from a dealership - and the Irwindale police failed to catch him before his reckless driving killed decedent, Raul Castaneda.

Why do you claim the City of Irwindale is responsible?
The city of Irwindale' s police were grossly negligent in catching the car thief, which caused the death of the Decedent.

What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed.

As a result of the subject incident, Raul Castaneda, Claimants' father is deceased. rA

Claimant' s Name:

Cristian Castaneda
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation. 15, 000,000.00, the city of Irwindale' s police were grossly negligent in catching the car thief, which caused the death of the Decedent.

Give estimated amount of future losses due to INJURY or DAMAGE:
5, 000, 000. 00
Was damage and/ or injury investigated by the police? yes If yes, what City? City of Irwindale Were paramedics or ambulance called? Yes If yes, name City or ambulance Cityof Irwindale If injured, give name and address of your doctor and the date and time of your first visit: Decedent was pronounced dead at the scene of the incident. Doctors and Hospitals: Doctor
Address Date Hospitalized Hospital
Address Date Hospitalized Hospital
Address Date Hospitalized Witnesses
to DAMAGE orINJURY: List all persons and addresses of persons known to have information: Name Address Phone Name
Address Phone READ
CAREFULLY For
all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances tostreet corners. If a City vehicle was involved, designate with an "A" the location ofthe City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by " A- 1" and location of yourself or your vehicle atthe time of the accident by "13- 1". Mark the point of impact with an "X". Note: If diagram below does not fit the situation, attach aproper diagram signed by claimant. Indicate / Santa
Fe Flood Control Basin North I b
W0Arrow
Highway v
to
7 5303 5301 Rivergrade
Rivergrade a Road
Road Signature
of Claimant ( if other than claimant, indicate relationship) Typed Name Date Attorney for Claimant Cristian Castaneda Sevy Fisher, Esq. 1/ 07/ 2025 Note:

Claims must be filed with the City Clerk. Presentation of a false claim is a felony ( Penal Code Section 72)

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
January 8, 2025
TO: City of Irwindale
ATTENTION:

RE: Claim : Cristian Castaneda vs. Irwindale
Claimant : Cristian Castaneda
Member : City of Irwindale
Date Rec’d by Mbr : 1/7/25
Date of Event : 7/9/24
CW File Number : CJP-3053132 GRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

Item #20.E.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Rejection of Claim - Natalia Castaneda
City Manager's Recommendation:
(1) Reject the claim of Natalia Castaneda vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On January 7, 2024, the City received a claim for damages from claimant Natalia Castaneda. Claimant Castaneda alleges that on July 9, 2024, her father was riding his bike on Arrow Highway, west of Rivergrade Road in Irwindale, when he was struck by a stolen vehicle driven by a prior felon. Claimant Castaneda alleges that the Irwindale Police Department failed to apprehend the driver before his

actions killed the decedent, Raul Castaneda.

The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that a public entity is not liable for an injury through act omission of the entity, employee or other person; that a public entity is not liable for injury caused by adopting or failing to adopt an enactment or by failing to enforce any law; that a public employee is not liable for injury resulting from his act or omission due to discretion invested in him whether abused or not; that a public employee for his actor or omission, exercising, due care in the enforcement of any law; and that a public employee is not liable for injury caused by act or omission of others. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None
Attachments:

1. Claim for Damages - Natalia Castaneda

2. Recommendation for Rejection - Natalia Castaneda

CITY OF IRWINDALE

77. CLAIM FOR DAMAGES

IRWINDALE TO PERSON OR PROPERTY

INSTRUCTIONS

1. Claims for death, injury to person or to personal property must be filed not later than 6 months after the occurrence.

2. Claims for damages to real property must be filed not later than 1 year after occurrence.

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706

RECEIVED
JAN 206 3. Cf
I/ y

CITY OF IRWINDALE
CPTY CLERKS DEPT.

Clerk' s Official
Filing Stamp
To: City Of Irwindale Claimant' s Date of Birth
Name of Claimant Claimant' s Occupation
Natalia Castaneda
Home Address of Claimant Home Telephone Number
Business Address of Claimant Business Telephone Number

N/A N/ A
Name and address to which you desire notices or communications to be sent regarding this claim:

Sevy Fisher, Esq.; 2916 W. 164th St., Torrance, CA 90504; teamhermosa@justiceteam. com When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date: July 9, 2024
Time: Unknown to Claimant, as the police report has not been released If claim is for Equitable Indemnity, give date due to an ongoing investigation. claimant served with complaint: N/ A
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:

North side of Arrow Highway, West of Rivergrade Road in Irwindale, CA. The closest coordinates are: 34. 11208N, 1117.96924W.

Describe in detail how the DAMAGE or INJURY occurred.

Claimant' s father was riding his bike when he was struck by a stolen vehicle, driven by prior felon, Jonathan Calixto. The car he was driving was stolen from a dealership - and the Irwindale police failed to catch him before his reckless driving killed decedent, Raul Castaneda.
y do you claim the City ot Irwindale Is responsible?
The city of Irwindale' s police were grossly negligent in catching the car thief, which caused the death of the Decedent.

What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed.

As a result of the subject incident, Raul Castaneda, Claimants' father is deceased.

Claimant' s Name:

Natalia Castaneda
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation. 15, 000, 000. 00, the city of Irwindale' s police were grossly negligent in catching the car thief, which caused the death of the Decedent.

Give estimated amount of future losses due to INJURY or DAMAGE:
5, 000,000.00
Was damage and/ or injury investigated by the police? Yes If yes, what City? City of Irwindale Were paramedics or ambulance called? Yes If yes, name City or ambulance City of Irwindale If injured, give name and address of your doctor and the date and time of your first visit:

Decedent was pronounced dead at the scene of the incident.

Doctors and Hospitals:

Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:

Name Address Phone
Name Address Phone

READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an " X". Indicate house numbers or distances to street corners.

If a City vehicle was involved, designate with an " A" the location of the City vehicle when you first saw it, and with " B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by " A- 1" and location of yourself or your vehicle at the time of the accident by " 13- 1". Mark the point of impact with an " V. Note:

If diagram below does not fit the situation, attach a proper diagram signed by claimant.

Santa Fe Flood Control Basin
Arrow Highway
5303
Ri- ergrade
Road
IndicateLTNorth v
0 04
v
on
5301
v Rivergrade Road
Signature
of Claimant ( if other than claimant, indicate relationship) Typed Name Date Attorney for Claimant Natalia Castaneda Sevy Fisher, Esq. 01/ 07/ 2025 Note:

Claims must be filed with the City Clerk. Presentation ofa false claim is a felony ( Penal Code Section 72)

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
January 8, 2025
TO: City of Irwindale
ATTENTION:

RE: Claim : Natalia Castaneda vs. Irwindale
Claimant : Natalia Castaneda
Member : City of Irwindale
Date Rec’d by Mbr : 1/7/25
Date of Event : 7/9/24
CW File Number : CJP-3053132 GRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

Item #20.F.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency
Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager / Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending December 31, 2024 City Manager's Recommendation:

That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending December 31, 2024.

Administrative Action:

Submitted / Prepared by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager / Executive Director
Background and Analysis:

California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City’s adopted investment policy (the City’s Investment Policy).

The attached Investment Report summarizes the cash balances and investments as of December 31, 2024, for each agency. The City of Irwindale’s balances include investments of all funds of the City and its agencies, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City’s Investment Policy.

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation

Authority are pooled to maximize interest yields. The Reclamation Authority Board is not scheduled to meet again until March 12, 2025. Therefore, this same Investment Report will be included in the Reclamation Authority’s Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

There is no fiscal impact of receiving and filing this report.

Attachments:

1. City of Irwindale Investment Report – December 31, 2024

PAR VALUE /

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE
DATE

MATURITY
DATE

MKT VALUE /
ENDING

BALANCE

INVESTMENT

RATINGS

CITY OF IRWINDALE (POOLED - ALL FUNDS, INCLUDING RECLAMATION AUTHORITY) BMO & WF GENERAL ACCOUNTS $ 5,512,531 2.01% $ 5,512,531 WF MONEY MARKET ACCOUNT $ 2,324,615 4.48% $ 2,324,615
LOCAL AGENCY INVESTMENT FUND (LAIF) $ 20,813,560 20,805,692

US GOVERNMENT AGENCIES
FEDERAL HOME LN BKS CONS BD (FHLB) $ 5,000,000 0.52% 07/28/21 01/28/25 $ 4,986,012 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.58% 06/23/21 06/23/25 4,908,628 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 3,000,000 0.90% 06/15/21 06/15/26 2,854,340 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06/30/21 06/26/26 4,762,110 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 0.50% 06/30/21 06/30/26 4,760,105 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.87% 07/28/21 07/28/26 4,735,609 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 5,000,000 0.50% 07/29/21 07/29/26 4,758,771 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.28% 08/29/22 02/22/27 949,910 Aaa / AA+ FEDERAL FARM CREDIT Bank (FFCB) 1,000,000 4.94% 11/28/23 07/28/25 1,003,095 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 4.91% 12/18/23 12/12/28 998,491 Aaa / AA+ FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) 2,000,000 4.21% 10/24/24 10/22/29 1,967,020 Aaa / AA+ Sub-Total US Government Agencies: $ 38,000,000 $ 36,684,089

MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE 1,000,000 4.30% 01/09/23 10/01/26 1,021,977 Aa2 / AACOAST COMMUNITY COLLEGE DISTRICT CALIFORNIA 1,000,000 4.22% 02/09/23 08/01/26 969,610 Aa1 / AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.00% 04/26/23 04/01/28 970,615 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 3.90% 05/17/23 05/15/27 931,466 Aa2 / AA CALIFORNIA STATE TAXABLE 1,000,000 4.48% 07/13/23 04/01/28 970,615 Aa2 / AACITY OF LOS ANGELES 2,190,000 4.85% 09/28/23 09/01/28 1,990,292 Aa2 / AA CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY 1,600,000 4.69% 12/01/23 06/01/28 1,498,378 Aa3 / AACALIFORNIA STATE UNIVERSITY 2,000,000 4.45% 12/08/23 11/01/28 1,784,270 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,320,000 4.79% 01/11/24 06/01/27 1,295,142 A / A2 WEST CONTRA COSTA CALIFORNIA SCHOOL DISTRICT 1,000,000 4.10% 01/18/24 08/01/27 928,998 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,000,000 4.78% 01/11/24 06/01/28 974,211 A / A2 ALAMEDA COUNTY CALIFORNIA TAXABLE BONDS 1,000,000 4.05% 01/18/24 08/01/28 970,554 Aaa / AAA SAN JOSE REDEVELOPMENT AGENCY TAXABLE 1,390,000 4.36% 02/12/24 08/01/28 1,316,112 AA/AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.74% 04/19/24 02/01/28 921,142 Aa2 / AACALIFORNIA STATE TAXABLE 1,000,000 4.73% 04/19/24 04/01/29 941,792 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 4.40% 07/01/24 07/01/29 948,281 Aa2 / AA CITY OF LOS ANGELES 2,000,000 4.50% 07/09/24 09/01/27 2,075,533 Aa2 / AA CITY OF LOS ANGELES 1,000,000 3.70% 09/03/24 09/01/29 1,055,849 Aa2 / AAA CALIFORNIA STATE TAXABLE 1,000,000 3.75% 09/03/24 09/01/29 1,023,761 Aa2 / AASANTA MONICA-MALIBU, CA UNIFIED SCHOOL DISTRICT 1,000,000 3.94% 10/10/24 08/01/27 919,769 Aa1 / AA+ SAN BERNARDINO COMMUNITY COLLEGE DISTRICT 1,000,000 3.93% 10/10/24 08/01/28 912,899 Aa1 / AA REDONDO BEACH UNIFIED SCHOOL DISTRICT 1,000,000 3.94% 10/10/24 08/01/29 878,585 Aa2 BEVERLY HILLS PUBLIC FINANCING 1,000,000 4.01% 10/10/24 06/01/26 955,263 Aaa / AAA Sub-Total Municipal Bonds: $ 27,500,000 $ 26,255,115

CORPORATE BONDS
WELLS FARGO & COMPANY $ 2,000,000 6.25% 10/21/22 10/21/27 $ 2,015,137 A1 / BBB+ TOYOTA MOTOR CREDIT CORPORATION 1,000,000 5.00% 11/10/22 10/16/25 971,320 A1 / A+ BANK OF AMERICA CORPORATION 2,000,000 5.08% 12/19/23 01/20/27 2,005,702 A1 / AAPPLE, INC. 1,500,000 4.25% 02/02/24 02/08/26 1,441,257 Aaa / AA+ APPLE, INC. 1,500,000 4.10% 02/02/24 02/09/27 1,469,806 Aaa / AA+ MICROSOFT CORPORATION 1,000,000 4.30% 02/06/24 09/15/26 983,888 Aaa / AAA INTEL CORPORATION 1,000,000 4.40% 02/06/24 05/11/27 959,158 A2 / A WALMART, INC 1,000,000 4.25% 02/12/24 04/15/28 981,689 Aa2 / AA 3M COMPANY 1,000,000 4.80% 02/12/24 09/14/28 966,777 A1 / BBB+ AMERICAN HONDA FINANCE 1,000,000 5.29% 10/24/24 10/05/26 1,003,040 Aa2 / AA WELLS FARGO & COMPANY 2,000,000 5.00% 12/02/24 12/02/29 1,981,266 A1 / BBB+ Sub-Total Corporate Bonds: $ 15,000,000 $ 14,779,039

CERTIFICATES OF DEPOSIT
UBS BANK USA $ 245,000 3.40 % 08/31/22 09/02/25 $ 243,821 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35 % 08/31/22 09/02/25 243,641 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50 % 08/31/22 08/31/27 241,880 FDIC Insured CAPITAL ONE BANK USA 245,000 3.45 % 08/31/22 08/31/27 241,568 FDIC Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45 % 08/31/22 08/31/27 241,568 FDIC Insured ALLY BANK 245,000 3.35 % 09/01/22 09/01/26 242,239 FDIC Insured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02/27 241,561 FDIC Insured MEDALLION BANK 245,000 3.25 % 09/07/22 09/08/25 243,523 FDIC Insured DR BANK 245,000 3.60 % 09/09/22 09/09/26 243,193 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 241,539 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 241,539 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3.30 % 09/14/22 03/13/26 242,648 FDIC Insured PONCE BANK 245,000 3.35 % 09/14/22 09/14/27 240,876 FDIC Insured FIRST NATIONAL BANK 245,000 3.45 % 09/19/22 09/20/27 241,504 FDIC Insured FIRST WESTERN TRUST BANK 245,000 4.55 % 01/06/23 01/06/28 245,103 FDIC Insured PARK STATE BANK 245,000 4.45 % 07/19/23 07/19/28 253,788 FDIC Insured DISCOVER BANK 245,000 4.55 % 07/19/23 07/17/28 254,663 FDIC Insured COMENITY CAPITAL BANK 245,000 4.45 % 07/26/23 07/26/28 248,634 FDIC Insured BANK HAPOALIM BM NY 245,000 5.30 % 11/20/23 05/20/25 245,955 FDIC Insured BANK OF AMERICA, N.A. 245,000 5.30 % 11/22/23 11/24/25 247,615 FDIC Insured SAUK VALLEY BANK & TRUST 245,000 5.00 % 11/22/23 11/24/25 246,894 FDIC Insured BMW BANK NORTH AMERICA 245,000 4.90 % 11/17/23 11/17/28 252,809 FDIC Insured TRUSTAR BANK 245,000 4.75 % 11/22/23 11/22/28 251,584 FDIC Insured STATE BANK INDIA 245,000 5.00 % 11/24/23 11/24/28 256,453 FDIC Insured HENDERSON STATE BANK 245,000 5.00 % 11/28/23 11/28/25 246,995 FDIC Insured CROSSFIRST BANK 245,000 5.20 % 04/05/24 01/06/25 245,030 FDIC Insured TEXAS EXCHANGE BANK 245,000 5.10 % 04/05/24 04/05/29 245,113 FDIC Insured Sub-Total Certificates of Deposit: $ 6,615,000 $ 6,631,734

SUPRANATIONALS
INTERNATIONAL FINANCE CORPORATION 1,000,000 4.36% 04/05/24 03/27/29 $ 997,518 Aaa / AAA Sub-Total Supranationals: $ 1,000,000 $ 997,518
Total City of Irwindale Investments (Pooled Funds): $116,765,706 $ 113,990,334 HOUSING AUTHORITY (Funds 11 & 12)
BMO & WF GENERAL ACCOUNTS $ 887,934 2.01% $ 887,934
LOCAL AGENCY INVESTMENT FUND (LAIF) 4,223,623 0.00% 4,222,026 $ 5,111,556 $ 5,109,960
SUCCESSOR AGENCY (Funds 50-66)
BMO & WF GENERAL ACCOUNTS $ 1,082,100 2.01% $ 1,082,100 BANK OF THE WEST MONEY MARKET ACCOUNT 0 0
LOCAL AGENCY INVESTMENT FUND (LAIF) 1,183,938 0.00% 1,183,490 $ 2,266,038 $ 2,265,591
GRAND TOTAL OF INVESTMENTS $124,143,301 $ 121,365,884
Approved by _____________________________________ Kambiz Borhani, Finance Director / City Treasurer This investment portfolio is in conformity with the City of Irwindale's Investment Policy which was approved by City Council on June 12, 2024.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.62 years, and the weighted average yield of the City's pooled investments at cost is 2.37%. Market prices of securities are obtained directly through Bank Statements. Due to timing, BMO Bank (formerly known as Bank of the West) and Wells Fargo Bank ("WF") General Account balances are combined and pre-reconciled and yield rates are based on negotiated earnings credit.

INVESTMENT REPORT
December 31, 2024

CITY OF IRWINDALE

SECURITY DESCRIPTION
K. Borhani

Item #20.G.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve a Fee Waiver for Irwindale Lions Club
City Manager's Recommendation:

Adopt Resolution No. 2025-15-3603 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING A FEE WAIVER FOR IRWINDALE LIONS CLUB, A 501(C)(3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY RENTAL FEES OF $1,410.00 FOR MONTHLY MEETINGS BEGINNING JANUARY 2025 THROUGH AND INCLUDING NOVEMBER 2025 AND ONE LIONS CLUB SPEAKER COMPETITION".

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

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

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On January 11, 2025, Barry Blanset, on behalf of Irwindale Lions Club, submitted a request to waive the rental fees for using the Irwindale Community Center every month beginning January 2025 through and including November 2025, and one Lions Club Speaker Competition on February 26, 2025.

The City of Irwindale’s Fee Adjustment Policy provides that Community Center facility use fees may be waived or reduced for applicants meeting the following criteria:

1. Recognized by the IRS as a non‐profit or charitable organization, organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes, which has its principal meeting place within the City and has been organized and established in the City for a minimum continuous period of one year preceding the fee waiver application;

2. Where it can be shown, through documentary proof, a financial hardship exists; or

3. The fee waiver would serve a public purpose by demonstrating that using the City facility will benefit the community.

The Irwindale Lions Club is a 501(c)(3) non‐profit organization established within the City of Irwindale for over a year. It has its principal meeting place or office within the City. The Irwindale Lions Club sponsors programs and scholarships for the Irwindale community, food gift certificates for those in need, and helps fund other surrounding charities. Meetings at the Irwindale Community Center will be held on the 4th Monday of every month from 11:30 am to 1:30 pm.

The applicant’s request to waive facility rental fees meets the criteria for consideration of a fee waiver according to the City of Irwindale’s Fee Adjustment Policy by recognizing that the non‐profit organization of the Irwindale Lions Club is currently experiencing financial hardship due to a declining number of memberships following the COVID‐19 Pandemic. Moreover, the Lions Club directly benefits the community through its sponsorships and programs. The facility waiver will reduce the costs of the scheduled events and provide relief to the organization.

Fiscal Impact:

The approval of this item will result in a loss of $1,110.00 in Fiscal Year 2024‐2025 and $600.00 in Fiscal Year 2025‐2026 General Fund.

Attachments:

1. Application for Fee Adjustment of City Rental Facilities

2. Fee Adjustment Policy for Rental Facilities

3. Resolution No. 2025-15-3603(1045064.1)

City of Irwindale
Fee Adjustment Policy for City Rental Facilities
The City of Irwindale would like to alleviate some financial difficulties associated with using City facilities by those suffering from a financial hardship and wish to use the City facilities to serve a public purpose. To achieve this goal, the City is implementing this " Fee Adjustment Policy for City Rental Facilities" to encourage the residents of Irwindale to participate and promote events that are beneficial to the community or otherwise provide a public service. The City will approve lee waivers or reductions for those Irwindale residents that meet the criteria below.

1. ADJUSTMENTS ARE AVAILABLE FOR THE FOLLOWING FEES
To achieve the City' s goal of assisting the residents of Irwindale suffering from financial hardships, the following fees are available for waiver or reduction in an amount deemed appropriate by the City Council or the City Manager pursuant to the criteria in this Policy:

A. Community Center
B. Our Lady of Guadalupe Mission
C. Banquet Room and Kitchen
D. Picnic Shelter
E. Any other public facility as the City Manager or City Council, as appropriate, may approve

IL CRITERIA FOR CONSIDERATION
The City Council may grant fee waivers or reductions of fees for applicants who would suffer a financial hardship and wish to use the above City facilities for events that are beneficial to the community or otherwise provide a public service. The following criteria must be established to qualify for a fee waiver or fee reduction:

1. Applicants for fee waivers or reductions must be a resident of Irwindale.

2. Fee waivers or reductions may be granted for City fees where it can be shown, through documentary proof:
a. The applicant will suffer afrnancial hardship; and
b. Serve a public purpose by demonstrating that use of the City facility will:
i. 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; or,
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2. Provides financial assistance to the City' s residents or businesses.
ii. Provide a public service or otherwise promote the public health, safety and welfare. This includes, but is not limited to, circumstances where the entity provides needed donations or other assistance to residents and businesses of the City in areas such as:

I. health care;

2. counseling services;

3. abatement of dangerous or unhealthful living or working conditions, including but not limited to those constituting violations of the Irwindale Municipal Code;

4. transportation needs of residents;

5. nutrition needs ofresidents; or

6. educational assistance.

III. PROCESS FOR CONSIDERATION
An Irwindale resident which would like to be considered for a fee waiver or adjustment should complete an " Application for Fee Adjustment of City Rental Facilities" and submit it to the Deputy City Clerk The City Manager will review the request and, if it meets the criteria of this Policy, and the request is for five -hundred dollars ($ 500) or less, the City Manager will provide the applicant with a response within fifteen ( 15) days. Ifthe City Manager' s decision is adverse to the applicant, the decision can be appealed to the City Council.

If the applicant requests a fee adjustment in excess of five -hundred dollars ($ 500), and meets the criteria of this policy, the City Manager will 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. 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.
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01005.0001/1045064.1
RESOLUTION NO. 2025-15-3603

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

CALIFORNIA, APPROVING A FEE WAIVER FOR IRWINDALE LIONS CLUB, A 501(C)(3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY RENTAL FEES OF $1,410.00 FOR MONTHLY MEETINGS BEGINNING JANUARY 2025 THROUGH AND INCLUDING NOVEMBER 2025 AND ONE LIONS CLUB SPEAKER COMPETITION WHEREAS, Irwindale Lions Club has submitted a fee waiver request for the use of the Irwindale Community Center monthly beginning January 2025 through and including November 2025, and one Lions Club Speaker Competition on February 24, 2025; and
WHEREAS, Irwindale Lions Club is a 501(c)(3) non-profit organization that sponsors programs and scholarships for the Irwindale community, provides food gift certificates for those in need, and helps fund other surrounding charities; and WHEREAS, this event qualifies for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy for City Rental Facilities" insofar as it is a non-profit organization established and with its principal place of business within the City of Irwindale that is experiencing financial hardship due to a declining number of memberships following the COVID-19 Pandemic. Moreover, the Lions Club provides a direct benefit to the community through its sponsorships and programs.

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

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

SECTION 1. The City Council finds the above recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council hereby finds that the Irwindale Lion's Club qualifies for a fee waiver in accordance with the City of Irwindale’s Fee Adjustment Policy and waives the Community Center facility rental fee of $1,410.00 for the Lions Club’s use of the Community Center on a monthly basis beginning January 2025 through and including November 2025, and one Lions Club Speaker Competition.

SECTION 3. The City Council hereby finds that the fee waiver serves a valid public purpose, in that the Irwindale Lion's Club is a 501(c)(3) non-profit organization within the City of Irwindale that sponsors programs and scholarships for the Irwindale community, provides food gift certificates for those in need, and helps fund other surrounding charities, and therefore provides an ongoing benefit to the community.

01005.0001/1045064.1
SECTION 3. That 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 22 day of January 2025. _______________________________
Larry G. Burrola, 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. 2025-15-3603, as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 22nd day of January 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Item #20.H.

Date: January 22, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award Professional Services Contract to Dynamic Planning + Science for the Preparation of Hazard Mitigation Plan and Approve appropriation of $139,255 from the General Fund Reserve
City Manager's Recommendation:

Adopt Resolution No. 2025-13-3601 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING: 1) AN AWARD OF A PROFESSIONAL SERVICE CONTRACT WITH DYNAMIC PLANNING + SCIENCE FOR THE PREPARATION OF THE HAZARD MITIGATION PLAN; 2) AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DYNAMIC PLANNING + SCIENCE; and 3) AN AMENDMENT TO THE FISCAL YEAR 2024-2025 ADOPTED BUDGET BY APPROPRIATING $139,255 FROM THE GENERAL FUND RESERVE”.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Jeff Tyler, Senior Code Enforcement Officer Electronically Approved Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

BACKGROUND
The Federal Disaster Mitigation Act of 2000 requires that every five years, public agencies prepare an update to its five-year Hazard Mitigation Plan. The City is updating its current Hazard Mitigation Plan, as mandated by State Law. The current Irwindale Hazard Mitigation Plan was certified by FEMA in 2014 and serves as a foundation and information source for preparing the new Hazard Mitigation Plan. The Hazard Mitigation Plan will be including the policies, strategies, and actions for the City to satisfy the requirements of the Disaster Mitigation Act of 2000, as well as requirements outlined in the Code of Federal Regulations Section 44 CFR 201.6, for a single jurisdiction Local Hazard Mitigation Plan (LHMP) and the most current FEMA hazard mitigation plan guidance.

In March of 2023, the California Governor’s Office of Emergency Services (CalOES) issued a Notice of Funding Opportunity (NOFO) for the Federal Emergency Management Services (FEMA) Hazard Mitigation Grant Program (HMGP). California Consulting, Inc., the City’s grant writing consultant, assisted in preparing the reimbursable grant, and the City was awarded the full amount possible for small jurisdictions.

On May 13, 2024, the City received notification from CalOES and FEMA that the City’s application for a Planning Grant was approved, and the City was awarded $150,000 in reimbursable grant funds for the preparation of the Hazard Mitigation Plan. The City also on May 13, 2024, received notification from CalOES and FEMA that the City was awarded an additional $50,000 in reimbursable grant funds for the preparation of the Hazard Mitigation Plan.

EVALUATION AND SELECTION OF CONSULTANT
A Request for Proposals (RFP) for consulting services to prepare the Hazard Mitigation Plan was issued on September 4, 2024, to known consultants with experience in this area, posted on the City’s website, the American Planning Association (APA) website, and the local Los Angeles APA website. Staff received ten (10) proposals. On December 16, 2024, the City interviewed six (6) consultants.

City staff rated the proposals based on the following criteria:
• Understanding the scope of work
• Approach to completing the project
• Demonstrated professional skill and staff credentials • Related work experience and references
• Quality of the proposal and subsequent interview

After the RFP process, on January 9, 2025, Dynamic Planning + Science was determined to be qualified to perform the services requested and was selected to prepare the Hazard Mitigation Plan.

Fiscal Impact:

The City’s General Fund will only be impacted in the short term as the preparation of the Hazard Mitigation Plan commences City expenditures will be reimbursed by granting agencies.

The adoption of Resolution No. 2025-13-3601 authorizes an amendment to the Fiscal Year 2024-2025 adopted budget and appropriating $139,255 from the General Fund Reserve for this contract.

Attachments:

1. A. Contract Services Agreement - Dynamic Planning + Science - HMP (FINAL)(1045302.1)

2. B. Resolution No. 2025-13-3601 Dynamic Planning Science(1045282.1)

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF IRWINDALE
and

DYNAMIC PLANNING, LLC, A LIMITED LIABILITY COMPANY, DBA, DYNAMIC PLANNING + SCIENCE

Dynamic Planning + Science
Hazard Mitigation Plan
Professional Services Contract -1-

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND DYNAMIC PLANNING, LLC, A LIMITED LIABILITY COMPANY, DBA, DYNAMIC PLANNING + SCIENCE
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 22nd day of January, 2025 by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and Dynamic Planning, LLC, A Limited Liability Company, dba, Dynamic Planning + Science (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Irwindale’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services

Dynamic Planning + Science
Hazard Mitigation Plan
Professional Services Contract -2-
described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

Dynamic Planning + Science
Hazard Mitigation Plan
Professional Services Contract -3-

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

Dynamic Planning + Science
Hazard Mitigation Plan
Professional Services Contract -4-
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

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 ONE HUNDRED THIRTY NINE THOUSAND, TWO HUNDRED FIFTY FIVE Dollars ($139,255.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a format that is acceptable to CalOES and FEMA and approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses

Dynamic Planning + Science
Hazard Mitigation Plan
Professional Services Contract -5-
incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

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3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Ethan E, Mobley Managing Partner
(Name) (Title)
Brian Greer Member
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.

Consultant expressly waives any claim Consultant may have to any such rights.

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4.3 Contract Officer.

The Contract Officer shall be Julian Miranda, City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any

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extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits

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than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED

THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY
(30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE
HOLDER NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations

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on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours

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of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

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7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City