Agenda packet — Irwindale City Council, February 12, 2025

CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200

NOTICE AND AGENDA FOR THE SPECIAL AND

REGULAR MEETING OF THE

CITY COUNCIL

HOUSING AUTHORITY
February 12, 2025
SPECIAL MEETING – 5:00 PM
REGULAR MEETING – 6:00 PM
LARRY G. BURROLA - Mayor
H. MANUEL ORTIZ - Mayor Pro Tem
ALBERT F. AMBRIZ - Councilmember
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmembe
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.

Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389

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February 12, 2025

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Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website: https://www.irwindaleca.gov/DocumentCenter/View/8075/AB2449-Reasonable-Accommodation-Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430-2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N.

Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting for convening the regular meetings of the Irwindale Reclamation Authority.

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February 12, 2025

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Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

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February 12, 2025

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SPECIAL MEETING

1. CALL TO ORDER

2. ROLL CALL: Councilmembers: Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola

3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

5. RECESS TO CLOSED SESSION
A. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 5014 Irwindale Avenue
Agency Negotiator: Fernando Lopez, Housing Coordinator
Negotiating Parties: Sandra Pusey
Under Negotiation: Price and terms
Property: 5059 Allen Drive (APN 8417-030-004)
Agency Negotiator: Theresa Olivares, Assistant City Manager Negotiating Parties: HH and TJY Investment Company
Under Negotiation: Price and terms
Property: 16359 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: 39 Dalton Financial Ltd. Partnership Under Negotiation: Price and terms of payment
B. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: Three

6. RECONVENE IN OPEN SESSION

7. REPORT FROM CLOSED SESSION

8. ADJOURNMENT

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February 12, 2025

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REGULAR MEETING

9. CALL TO ORDER

10. PLEDGE OF ALLEGIANCE

11. INVOCATION

12. ROLL CALL: Councilmembers: Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola

13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

14. CHANGES TO THE AGENDA

15. COUNCIL MEMBER TRAVEL REPORTS

16. COUNCILMEMBER COMMENTS

17. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Recognition to Phoenix Decorating Company for their 309th award as a Tournament of Roses Float builder

18. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
A. Introduction of Irwindale Police Officer Jesus Carrillo B. Introduction of Irwindale Police Dispatcher / Clerk Amy Placensia C. Introduction of Irwindale Police Department Records Clerk Jessica Ortiz

19. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

A. Update and Discussion Regarding the U.S. Environmental Protection Agency ("EPA") Utilization of Lario Staging Area for Sorting of Hazardous Materials from the Eaton Fire (Verbal) Department: Administration
Recommendation: Receive the report.

B. Discussion of a Temporary Moratorium Prohibiting Battery Energy Storage Systems Department: Administration
Recommendation: Discuss and provide direction to staff.

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February 12, 2025

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20. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.

Each speaker will be limited to 3 minutes unless such time limits are extended. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. The Presiding Officer may, in his or her discretion, extend the 3-minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.

The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.

Public Comments will be heard in the following order:
1: In-person attendees
2: Teleconference attendees
3: In-person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body

21. CONSENT CALENDAR
A. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve

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February 12, 2025

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B. 2nd Reading of Athens Ordinance No. 786; Amendment No. 2 to Franchise & Facility Operations Agreement
Department: Community Development
Recommendation: (1) Direct the City Attorney to Read the title of the ordinance, waive further reading of 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, DBS 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), IN THE M-2 (HEAVY MANUFACTURING) ZONE,

SUBJECT TO CONDITIONS AS STATED HEREIN, FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162”; and (2) Adopt Resolution No. 2025-14-3602, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE

ATHENS SERVICES FRANCHISE & FACILITY OPERATIONS AGREEMENT FOR THE MATERIALS RECOVERY FACILITY/TRANSFER STATION (MRF/TS) ON PROPERTY LOCATED AT 2200 ARROW HIGHWAY, IRWINDALE, CA 91706 (APN 8535-001-039), IN THE M-2 (HEAVY MANUFACTURING)

ZONE, SUBJECT TO CONDITIONS AS STATED HEREIN, FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162”.

C. Amendment No. 1 to the 2020 City-wide Engineering and Traffic Survey Department: Engineering
Recommendation: Introduction and first reading by title only with further reading waived Ordinance No. 792, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ADOPTING AN ENGINEERING AND TRAFFIC SURVEY JUSTIFYING THE SPEED LIMIT FOR CERTAIN CITY STREETS, AND AMENDING SECTION 10.40.0470 “SPEED LIMITS- SPECIFIED FOR CERTAIN STREETS” OF CHAPTER 10.40 “Restricted Use of Certain Streets” of Title 10 “Vehicles and Traffic” of the Irwindale Municipal Code TO DECLARE THE PRIMA FACIE SPEED LIMITS OF CERTAIN STREETS WITHIN THE CITY OF IRWINDALE"

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

23. CITY MANAGER’S REPORT

24. REQUESTS FOR AGENDA ITEMS BY CITY COUNCIL
If a City Council Member is interested in a task or project, the City Council Member shall request that the item be agendized in this section.

25. ADJOURN

HOUSING AUTHORITY

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February 12, 2025

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26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

27. CONSENT CALENDAR
A. Approve the Minutes of the Regular Meetings Held January 8, 2025 and January 22, 2025 Department: City Clerk
Recommendation: Approve

28. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.

Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

29. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

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

31. ADJOURN

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council and Housing Authority, to be held on February 12, 2025, be posted at the City Hall, Library, and Post Office on February 6, 2025. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Item #19.A.

Date: February 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Update and Discussion Regarding the U.S. Environmental Protection Agency ("EPA") Utilization of Lario Staging Area for Sorting of Hazardous Materials from the Eaton Fire (Verbal)
City Manager's Recommendation:

Receive the report.

Administrative Action:

Submitted by:

Prepared by:

Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Fiscal Impact:

Attachments:

None

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Item #19.B.

Date: February 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Discussion of a Temporary Moratorium Prohibiting Battery Energy Storage Systems City Manager's Recommendation:

Discuss and provide direction to staff.

Administrative Action:

Submitted / Prepared by:

Julian A. Miranda, 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 22, 2025, the City Council requested an item be placed on the agenda to consider an urgency moratorium on Battery Energy Storage System (“BESS”) projects within the city limits of the City. This matter has been placed on the agenda for the City Council to discuss and provide direction to

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staff.

Environmental Impact:

None.

Fiscal Impact:

None.

Attachments:

None

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Payroll Batch 404-01-25, 405-01-25

DATE OF ISSUE DEPARTMENT AMOUNT
1/9/25
11 City Council 1,731.15
13 City Administrative Office 85,685.93
14 Finance Department 45,296.57
35 Police Department 277,166.24
40 Recreation Department 38,014.67
41 Aquatics Department 3,822.51
42 Senior Citizens' Center 23,027.68
44 Library 10,135.76
51 Planning & Community Development 45,754.63
52 Public Works - Engineering 55,888.19
57 Public Works - Services 96,404.69
Gross Payroll 682,928.02
Required Deductions (189,688.18)
Voluntary Deductions (30,172.45)
Net Payroll 463,067.39
Payroll Batch 415-01-25

DATE OF ISSUE DEPARTMENT AMOUNT
1/15/25
35 Police Department 2,789.03
Gross Payroll 2,789.03
Required Deductions (477.89)
Voluntary Deductions -
Net Payroll 2,311.14
Payroll Batch 418-01-25, 419-01-25, 420-01-25, 423-01-25

DATE OF ISSUE DEPARTMENT AMOUNT
1/23/25
11 City Council 5,686.29
13 City Administrative Office 62,840.29
14 Finance Department 29,343.18
35 Police Department 220,189.65
40 Recreation Department 35,485.03
41 Aquatics Department 4,226.89
42 Senior Citizens' Center 19,789.60
44 Library 17,388.01
51 Planning & Community Development 33,848.12
52 Public Works - Engineering 34,568.28
57 Public Works - Services 55,374.04
Gross Payroll 518,739.38
Required Deductions (151,222.23)
Voluntary Deductions (25,214.40)
Net Payroll 342,302.75

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
January 2025

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Accounts Payable
Checks by Date - Summary by Check Number
User: stapia
Printed: 2/4/2025 3:53 PM
Check No Vendor No Vendor Name Check Date Check Amount
103851 BURROL07 Lorene Burrola 01/16/2025 300.00
103852 ALLCI01 All City Management Services, Inc 01/16/2025 1,086.30 103853 ALLIAN02 Alliant Insurance Svcs, Inc.- Irvine Main 01/16/2025 2,825.00 103854 AMAZON1 Amazon Capital Services, Inc. 01/16/2025 250.06 103855 AMAZON01 Amazon Graphics 01/16/2025 38.59
103856 AMERIC34 American Fidelity Assurance Co 01/16/2025 6,269.70 103857 DF01 Anselmo Ryan Angulo 01/16/2025 200.00
103858 AT&T06 AT & T 01/16/2025 1,806.27
103859 CINGULAR AT & T Mobility 01/16/2025 1,803.56
103860 AZUSALW Azusa Light & Water 01/16/2025 984.28
103861 MIJACA Balcon Holdings, Inc. 01/16/2025 184.00
103862 OROSCO05 Rebecca Bardales 01/16/2025 62.22
103863 BENE01 Benefit Coordinators Corp 01/16/2025 16,387.10 103864 BRECED04 Mark A. Breceda 01/16/2025 108.07
103865 BURROL08 Larry Burrola 01/16/2025 108.07
103866 CALIFO02 California American Water 01/16/2025 590.90 103867 SANGAB11 California Newspapers Partnership 01/16/2025 7,563.27 103868 CARDEN01 Rudy Cardenas 01/16/2025 150.00
103869 CDW01 CDW Government 01/16/2025 8,407.45
103870 CHARTE01 Charter Communications 01/16/2025 99.99 103871 CHARTE04 Charter Communicatons 01/16/2025 136.22 103872 CINTAS Cintas Corporation #693 01/16/2025 278.06 103873 BALDWI02 City of Baldwin Park 01/16/2025 350.00
103874 CNOA01 CNOA 01/16/2025 200.00
103875 CONCE01 Concentra 01/16/2025 286.00
103876 CONCEN01 Concentra Health Services, Inc. 01/16/2025 56.00 103877 COSTA01 Costar Realty Information, Inc. 01/16/2025 438.90 103879 CPS01 CPS HR Consulting 01/16/2025 5,192.10
103880 PMIDEN Delta Dental Insurance Company 01/16/2025 602.80 103881 ELD01 ELD Monarch LLC 01/16/2025 10,172.27
103882 FRONT01 Frontier Communications 01/16/2025 651.88 103883 FRONT01 Frontier Communications 01/16/2025 203.54 103884 FRONT01 Frontier Communications 01/16/2025 43.23 103885 FRONT01 Frontier Communications 01/16/2025 309.21 103886 GARCIA03 Manuel Garcia 01/16/2025 108.07
103887 SOUTHE17 Golden State Water Company 01/16/2025 355.65 103888 GRAVAT01 Heath Gravatt 01/16/2025 44.05
103889 INTELL01 Intelli-tech, Inc. 01/16/2025 2,144.17
103890 IRWIND21 Irwindale Hand Wash & Auto Detail 01/16/2025 821.70 103891 JAUR01 Vanessa Jauregui 01/16/2025 300.00
103892 LOPEZM02 Marguerite Lopez 01/16/2025 108.07
103893 MONTA01 Edgar Montalvo 01/16/2025 10.00
103894 OPTUM01 OptumRx, Inc. 01/16/2025 28,923.67
103895 ORKINP Orkin Pest Control 01/16/2025 135.00
103896 ORTIZH H. Manuel Ortiz 01/16/2025 300.00
103897 PHASEII PARS 01/16/2025 3,500.00
103898 PETTYC02 City of Irwindale-Rec Petty Cash 01/16/2025 610.52

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103899 LEGAL03 Pre-Paid Legal Services, Inc. 01/16/2025 110.65 103900 PSYCHO01 Psychological Consulting Associates, Inc 01/16/2025 462.00 103901 REGIST01 Registrar-Recorder/County Clerk 01/16/2025 1,167.72 103902 ACCOUN Robert Half 01/16/2025 8,655.68
103903 ROSENO RSG Inc. 01/16/2025 2,266.25
103904 CENTRO01 Safeguard Business Systems, Inc. 01/16/2025 300.56 103905 SALSE01 Rosa E. Salcedo 01/16/2025 355.00
103906 SERRA10 Teresa Serrano 01/16/2025 7.50
103907 SMK01 SMK Enterprise 01/16/2025 3,178.11
103908 SCE02 Southern California Edison 01/16/2025 23,893.29 103909 SOUTH09 Southern Computer Warehouse Inc, 01/16/2025 3,529.40 103910 TEXAS01 Texas Life Insurance Co. 01/16/2025 4,314.72 103911 VALLEY01 Valley County Water District 01/16/2025 15,083.17 103912 VARGAS03 Jose Vargas 01/16/2025 123.88
103913 verizonw Verizon Wireless 01/16/2025 3,278.84
103914 VISION01 Vision Service Plan - (CA) 01/16/2025 3,191.97 103915 CPG01 CPG Event Rentals LLC 01/16/2025 891.87
103916 CPG01 CPG Event Rentals LLC 01/16/2025 871.50
103917 AT&T02 AT & T 01/23/2025 34.45
103918 AUTOGR01 Auto-Graphics, Inc. 01/23/2025 2,531.09 103919 AZUSALW Azusa Light & Water 01/23/2025 143.68
103920 MIJACA Balcon Holdings, Inc. 01/23/2025 38.00
103921 BENE02 Benefit Coordinator Corporation (BCC) 01/23/2025 3,333.70 103922 BENE01 Benefit Coordinators Corp 01/23/2025 16,890.80 103923 CALIFO01 California Contract Cities 01/23/2025 4,200.00 103924 CAMPOS03 Manuel Campos 01/23/2025 166.75
103925 CONCE01 Concentra 01/23/2025 175.00
103926 COSTCO01 Costco Membership 01/23/2025 130.00
103927 PMIDEN Delta Dental Insurance Company 01/23/2025 602.80 103928 DURAN10 Veronica Duran 01/23/2025 330.76
103929 DYCH01 Dychelon LLC 01/23/2025 7,500.00
103930 FRAIJO02 John Fraijo 01/23/2025 75.00
103931 GONZAL34 Omar Gonzalez 01/23/2025 75.00
103932 HARDY01 Joseph Hardy 01/23/2025 320.59
103933 HOMEDE Home Depot Credit Services 01/23/2025 1,200.29 103934 IRWIND21 Irwindale Hand Wash & Auto Detail 01/23/2025 654.85 103935 KEYSTO Keystone Uniform Depot 01/23/2025 496.84
103936 KRAFT01 Krystal Kraft 01/23/2025 75.00
103937 LANDSC Landscape Warehouse III Inc. 01/23/2025 129.78 103938 LEDEZM02 Arturo Ledezma 01/23/2025 300.00
103939 LIEBERT Liebert Cassidy Whitmore 01/23/2025 2,115.00 103940 LOPEZ25 Nicholas Lopez 01/23/2025 384.38
103942 OPTUM01 OptumRx, Inc. 01/23/2025 23,057.22
103943 RIOS06 Jimmy Rios 01/23/2025 300.00
103944 RIOS02 Sara Rios 01/23/2025 12.00
103945 RUIZ03 Claudia Ruiz 01/23/2025 300.00
103946 SCFUELS SC Fuels 01/23/2025 5,002.76
103947 SECT01 Sectran Security Inc. 01/23/2025 136.42
103948 SEMA02 SEMA INC 01/23/2025 3,481.93
103949 SEMA01 SEMA LLC 01/23/2025 451.42
103950 SERRA10 Teresa Serrano 01/23/2025 7.50
103951 SMART& Smart & Final 01/23/2025 1,292.61
103952 STATEO01 State Of California 01/23/2025 64.00
103953 UNITED11 United Site Services of CA Inc 01/23/2025 589.50 103954 VISION01 Vision Service Plan - (CA) 01/23/2025 1,806.42 103955 CALIFO56 California State Disbursement Unit 01/23/2025 604.15 103956 CALIFO57 California State Disbursement Unit 01/23/2025 143.07

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103957 CALIFO58 California State Disbursement Unit 01/23/2025 100.00 103958 CITY01 City of Hope 01/23/2025 34.00
103959 FRANC06 Franchise Tax Board 01/23/2025 490.51
103960 ICEA Irwindale City Employee Assoc. 01/23/2025 949.00 103961 IMEA Irwindale Mgmt Employee Assoc. 01/23/2025 530.00 103962 IRWIND02 Irwindale Police Officers Assoc. 01/23/2025 3,008.00 103963 LOSANG31 Los Angeles County Sheriff's Dept. 01/23/2025 104.77 103964 ALLCI01 All City Management Services, Inc 01/30/2025 1,086.30 103965 ALLIAN02 Alliant Insurance Svcs, Inc.- Irvine Main 01/30/2025 375.00 103966 AMAZON1 Amazon Capital Services, Inc. 01/30/2025 117.00 103967 AMBRIZ05 Albert Ambriz 01/30/2025 156.80
103968 AMERIFID American Fidelity Assurance 01/30/2025 10,075.66 103970 Ayala01 Leonor Ayala 01/30/2025 715.00
103971 BENE02 Benefit Coordinator Corporation (BCC) 01/30/2025 3,327.45 103972 BURROL08 Larry Burrola 01/30/2025 794.38
103973 CACE California Association of 01/30/2025 438.00 103974 CAMPOS03 Manuel Campos 01/30/2025 2,187.00
103975 CHARTE01 Charter Communications 01/30/2025 369.67 103976 CINTAS Cintas Corporation #693 01/30/2025 139.03 103977 CONCE01 Concentra 01/30/2025 61.00
103978 CPG01 CPG Event Rentals LLC 01/30/2025 2,724.00
103979 ENGRAV01 Engraving, Awards and Gifts 01/30/2025 3,028.10 103980 IRWIND23 Irwindale Business Center 01/30/2025 842.47 103981 JOEAGO Joe A. Gonsalves & Son 01/30/2025 2,375.00 103982 LEAGUE02 League Of California Cities 01/30/2025 1,108.00 103983 LEDER01 Olga Lederer 01/30/2025 30.00
103984 MIRAN10 Julian A. Miranda 01/30/2025 148.40
103985 MONCA01 Henry Moncada 01/30/2025 175.00
103987 ORKINP Orkin Pest Control 01/30/2025 878.98
103988 ORTIZH H. Manuel Ortiz 01/30/2025 794.38
103989 PLACE01 PlaceWorks, Inc. 01/30/2025 68,751.47
103990 RIOHON01 Rio Hondo College 01/30/2025 125.00
103991 RODR10 Darlene Rodriguez 01/30/2025 300.00
103992 SCFUELS SC Fuels 01/30/2025 6,685.53
103993 SIERRA03 Sierra Honda of Monrovia 01/30/2025 38,046.14 103994 GASCOM SoCalGas 01/30/2025 774.75
103995 SCE02 Southern California Edison 01/30/2025 14,948.99 103996 THEJO01 The John Durbin Company 01/30/2025 500.00 103997 OLIVAR01 Theresa Olivares 01/30/2025 267.78
103998 OLIVAR01 Theresa Olivares 01/30/2025 916.86
Report Total (144 checks): 424,820.23
AP Checks by Date - Summary by Check Number (2/4/2025 3:53 PM) Page 3

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Accounts Payable
Checks by Date - Summary by Check Number
User: stapia
Printed: 2/3/2025 6:30 PM
Check No Vendor No Vendor Name Check Date Check Amount
103999 BARNEY Barney's Locksmith Service 02/12/2025 83.24 104000 ACCO01 ACCO Engineering Systems 02/12/2025 7,872.15 104001 AFFORD01 Affordable Generator Services, Inc. 02/12/2025 3,274.99 104002 AZBUS01 A-Z Bus Sales 02/12/2025 690.00
104003 AZUSAP01 Azusa Plumbing Supply 02/12/2025 60.51
104004 B&BTIR B & B Tires Service 02/12/2025 295.11
104005 BAKER01 Baker & Taylor Books 02/12/2025 761.19
104006 BALDW01 Baldwin Park Police Dept-Attn Vanessa Pineda02/12/2025 5,901.92 104007 BILLST Bill's Truck Repair, Inc. 02/12/2025 215.00 104008 BRITEW BriteWorks, Inc. 02/12/2025 12,847.12
104009 CITYOF18 City of Santa Fe Springs 02/12/2025 14,369.86 104010 COUNTY04 County of Los Angeles 02/12/2025 29,134.51 104011 LOSANG33 County of Los Angeles 02/12/2025 76,233.43 104012 CSG01 CSG Consultants 02/12/2025 8,225.00
104013 CWE01 CWE 02/12/2025 6,136.00
104014 ENVIRO05 Environmental Science Associates (ESA) 02/12/2025 1,564.88 104015 FABE01 Faber Communications 02/12/2025 1,822.00
104016 FLAGSH Flag Shop 02/12/2025 654.27
104017 GEOLOG Geologic Associates 02/12/2025 44,288.35
104018 Harvey Harvey Consulting Group, Inc. 02/12/2025 3,200.00 104019 HOSEMA Hose-Man, The 02/12/2025 31.21
104020 IMEG01 IMEG Consultants Corp. 02/12/2025 26,401.90 104021 COORYE Samir M. Khoury 02/12/2025 13,033.00
104022 LANDSC Landscape Warehouse III Inc. 02/12/2025 229.07 104023 LEWISE Lewis Engraving, Inc. 02/12/2025 63.95
104024 MAINTE01 Maintex 02/12/2025 159.26
104025 MIDAS Manuel C Muratalla 02/12/2025 2,774.95
104026 MARIPO Mariposa Landscapes, Inc. 02/12/2025 9,606.54 104027 MATTS01 Matt's Motor Sports Inc. 02/12/2025 378.48 104028 OFFICE03 ODP Business Solutions, LLC 02/12/2025 3,182.49 104029 POWER01 Power Sign Fabrication 02/12/2025 350.00 104030 PROPRINT Pro Printing, Inc. 02/12/2025 5,875.36
104031 ADAMPP Proffesional Police Supply Inc. 02/12/2025 4,212.10 104032 PACIFI13 Rene David LTD 02/12/2025 64.61
104033 RIGHT01 Right of Way, Inc. 02/12/2025 705.09
104034 TRIANG01 Triangle Truck Parts 02/12/2025 28.60
104035 ULINE01 Uline 02/12/2025 250.66
104036 VALDI01 Jose Valdivia 02/12/2025 1,297.99
104037 HDSUP01 WHITE CAP, L.P. 02/12/2025 99.54
104038 YTIRES Y Tire Sales 02/12/2025 404.82
Report Total (40 checks): 286,779.15
AP Checks by Date - Summary by Check Number (2/3/2025 6:30 PM) Page 1

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Page 20 of 58 ends

Page 21 of 58 ends

Item #21.B.

Date: February 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading of Athens Ordinance No. 786; Amendment No. 2 to Franchise & Facility Operations Agreement
City Manager's Recommendation:
(1) Direct the City Attorney to Read the title of the ordinance, waive further reading of 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, DBS 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), IN THE M-2 (HEAVY

MANUFACTURING) ZONE, SUBJECT TO CONDITIONS AS STATED HEREIN, FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15162”; and (2) Adopt Resolution No. 2025-14-3602, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE

CONDITIONS AS STATED HEREIN, 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

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Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

At its meeting of January 22, 2025, the City Council introduced Ordinance No. 786 for first reading. The ordinance is attached and it would be in order to adopt Ordinance No. 786 on second reading for Amendment No. 2 to Development Agreement No. 02-2016.

In addition, an amendment to the Athens Services Franchise & Facility Operations Agreement was presented to the City Council. Resolution No. 2025-14-3602 had listed the amendment as “Amendment No. 1” to the agreement. The correct amendment number is Amendment No. 2. While the information presented to the City Council on January 22, 2025 regarding this agreement was accurate, for clarity the resolution is being brought back with the correct amendment number.

The following is a detailed description of Amendment No. 2:

Amendment No. 2 to the Athens Services Franchise & Facility Operations Agreement At the January 22, 2025 City Council meeting, Resolution No. 2025-14-3602 was pulled from the agenda in order to revise the title to the correct amendment number, which is Amendment No. 2 to the 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. 2 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.1 to the Franchise & Facility Operations Agreement was approved by the City Council at the November 17, 2022 special meeting in conjunction with Amendment No. 4 to the Exclusive Franchise Agreement for Waste Hauling Services. Amendment No. 1 was required to acknowledge and

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clarify the thirty (30) year contract plus an additional five (5) years for a thirty-five (35) year contract that was approved in the aforementioned Waste Hauling Services agreement.

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.

CONCLUSION
It is recommended that the City Council adopt Ordinance No. 786, approving Amendment No. 1 to Development Agreement No. 02-2016 on 2nd reading of the ordinance and approve Amendment No. 2 to the Athens Services Franchise & Facility Operations Agreement 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 (Final)

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

3. CC Amend No. 2 to Franchise Facility Agrmt Resolution (Final)

4. (IRW) Amendment No. 2 to Franchise & Facility Operations Agreement(1022559.3)

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ATTACHMENT “A”
ORDINANCE NO. 786

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE 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 8535-001-911) 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 8535-001-911 (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) 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; 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

Page 25 of 58 ends

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 this resolution 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, on February 12, 2025, the City Council duly approved and adopted on second reading, Ordinance No. 786; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

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Ordinance 786
SECTION 3. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby specifically finds as follows:
a. The proposed Amendment No. 1 to the Development Agreement is consistent with the goals and policies of the General Plan, its purposes and applicable Specific Plan(s).
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 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 12th day of February, 2025.

Larry G. Burrola, Mayor
ATTEST:

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Ordinance 786
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. 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 on second reading 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 on second reading at its regular meeting held February 12, 2025, to be posted at the City Hall, Library, and Post Office on February 13, 2025.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

Page 28 of 58 ends

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:

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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

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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]

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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.

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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.

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01005.0035/1038593.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Page 34 of 58 ends

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

Page 35 of 58 ends

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”

Page 36 of 58 ends

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.

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CC Resolution No. 2025-14-3602

Page 1 of 8 ends

ATTACHMENT “C”
RESOLUTION NO. 2025-14-3602

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 2 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, on November 17, 2022, Amendment No. 1 to the Franchise & Facility Operations Agreement was approved by the City Council; 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 amendment 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. 2 to the Franchise and Facilities Operations Agreement to reflect the postponement of the construction of the Convenience Store and Fueling Station subject to the consideration identified above; and

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City Council Resolution No. 2025-14-3602

Page 2 of 3 ends

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 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. 2 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 12th day of February 2025. _____________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }

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City Council Resolution No. 2025-14-3602

Page 3 of 3 ends

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 12th day of February 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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01005.0001/1022559.3
AMENDMENT NO. 2

TO FRANCHISE & FACILITY OPERATIONS AGREEMENT

BETWEEN THE CITY OF IRWINDALE AND ARAKELIAN ENTERPRISES, INC DBA

ATHENS SERVICES
This Amendment No. 2 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”). The Agreement was amended on November 17, 2022.

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.

E. By this Amendment No. 2, 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):

Page 41 of 58 ends

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:

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.

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

ATHENS represents and warrants to City that, as of the date of this Amendment No. 2, 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. 2, 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.

5. Authority. The persons executing this Amendment No. 2 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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended, (iv) the entering into this Amendment No. 2 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

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01005.0001/1022559.3
the Parties from entering into this Amendment No. 2.
[SIGNATURES ON FOLLOWING PAGE]

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01005.0001/1022559.3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 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:

Page 45 of 58 ends

Item #21.C.

Date: February 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 to the 2020 City-wide Engineering and Traffic Survey City Manager's Recommendation:

Introduction and first reading by title only with further reading waived Ordinance No. 792, "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AN ENGINEERING AND

TRAFFIC SURVEY JUSTIFYING THE SPEED LIMIT FOR CERTAIN CITY STREETS, AND AMENDING SECTION

10.40.0470 “SPEED LIMITS- SPECIFIED FOR CERTAIN STREETS” OF CHAPTER 10.40 “Restricted Use of Certain Streets” of Title 10 “Vehicles and Traffic” of the Irwindale Municipal Code TO DECLARE THE PRIMA FACIE SPEED LIMITS OF CERTAIN STREETS WITHIN THE CITY OF IRWINDALE" Administrative Action:

Submitted / Prepared by:

Eddie Chan, Director of Engineering / City Engineer
Reviewed by:

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

Julian A. Miranda, City Manager

Page 46 of 58 ends

Background and Analysis:

The California Vehicle Code (CVC) Sections 22357 and 22358 permit local authorities such as the Irwindale City Council to determine and declare, by ordinance, prima facie speed limits on roadways other than state highways. CVC Sections 40801 and 40802 require that such prima facie speed limits be justified on the basis of a current Engineering and Traffic Survey in order to be enforceable by police radar.

Pursuant to the CVC and the California Manual on Uniform Traffic Devices (CAMUTCD, 2014 Rev. 8), speed limits are set based upon the 85th percentile speed (i.e., the speed at or below which 85% of drivers travel on the roadway), which has been rounded to the nearest 5 MPH increment. The speed limit may then be lowered in some cases, if justified by observed crash rates, adjacent development, or other roadway factors. Recent changes in State law (Assembly Bill 43, 2021 and Assembly Bill 1938, 2022) provide local agencies with additional flexibility in setting speed limits for roadways, allowing consideration of unique characteristics or locally elevated crash rates, or the retention of current or prior speed limits. Engineering and Traffic Surveys are valid for a minimum of five years, and may be valid for up to fourteen years based on certain police certifications and the determination of a registered engineer that roadway and land use conditions have not significantly changed.

On November 11, 2020, the City Council approved the 2020 City-Wide Engineering and Traffic Survey and adopted Resolution No. 2020-91-3251 and approved recommended speed on certain streets.

In August 2024, the City of Azusa informed City staff of changes to speed limits on two roadways adjacent to the City of Irwindale ("City"). On-call consultant, Linscott, Law & Greenspan, Engineers, were tasked to review and, if needed, update the speed limits on certain roadways within the City of Irwindale’s jurisdiction.

In September 2024, the consultant conducted Engineering and Traffic Surveys for two roadway segments in the City and based on the 85th percentile speeds, average crash rates, and consideration of other roadway and safety characteristics, the prima facie speed limits on the following two roadway segments were recommended to be lowered by 5 MPH:

No. Roadway From To
Existing
Speed
Limit
(MPH)
Recommended
Speed Limit
(MPH)
1 Foothill
Boulevard
Irwindale
Avenue
City
Boundary
45 40

Page 47 of 58 ends

2 Vincent
Avenue
Newburgh
Street
Arrow
Highway
45 40
Upon City Council approval of the recommended prima facie speed limits and amendment of the Irwindale Municipal Code, new speed limit signs will be posted in each direction of travel on both of the roadway segments.

Staff recommends City Council adopt Ordinance No. 792 adopting the amended Engineering and Traffic Surveys and establishing new prima facie speed limits on certain City streets as stated above.

Fiscal Impact:

Installation of the new speed limit signs will cost less than $1,000. Sufficient funding is available in the Public Works Engineering Department budget to purchase and install the necessary signage.

Attachments:

1. Attachment A - TBL-3 (2025-02-06)

2. (IRW) Ordinance 792 Amending Speed Limits(1050490.1)

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Table 3
SUMMARY OF SPEED ZONING ANALYSIS AND RECOMMENDATIONS [1] EXISTING AVERAGE ACTUAL AVERAGE 85TH RECOMMENDED
SEGMENT ORIEN- SPEED LIMIT DAILY COLLISIONS COLLISIONS PERCENTILE 10-MPH SPEED LIMIT NO. STREET FROM TO TATION (MPH) [2] TRAFFIC [3] PER MVM [4] PER MVM [5] SPEED (MPH) [6] PACE [6] (MPH) [7] 1 Arrow Highway Live Oak Avenue Avenida Barbosa E-W 45 24,439 0.47 1.27 49 37 - 46 452 Arrow Highway Avenida Barbosa I-605 Freeway E-W 45 28,477 0.44 1.27 47 35 - 44 453 Arrow Highway I-605 Freeway San Gabriel River E-W 45 29,638 0.36 1.27 45 35 - 44 454 Arrow Highway San Gabriel River Live Oak Avenue E-W 45 21,275 0.55 1.27 48 36 - 45 455 Arrow Highway Live Oak Avenue Heintz Street E-W 45 50,364 0.22 1.27 49 40 - 49 456 Arrow Highway Heintz Street Azusa Canyon Road E-W 45 42,342 0.19 1.27 47 38 - 47 457 Arrow Highway Azusa Canyon Road Irwindale Avenue E-W 45 56,978 0.71 1.27 41 33 - 42 458 Arrow Highway Irwindale Avenue Vincent Avenue E-W 45 44,104 0.41 1.27 44 35 - 44 459 Avenida Barbosa Buena Vista Street Arrow Highway N-S 40 13,808 0.22 1.27 42 33 - 42 40 10 Azusa Canyon Road Arrow Highway Olive Street N-S 40 10,158 1.08 1.34 40 30 - 39 4011 Azusa Canyon Road Olive Street Cypress Street N-S 40 13,553 0.00 1.27 38 28 - 37 4012 Azusa Canyon Road Cypress Street Los Angeles Street N-S 40 13,017 0.29 1.34 38 29 - 38 4013 Buena Vista Street Village Road Avenida Barbosa N-S 40 9,737 0.28 1.27 44 33 - 42 4014 Cypress Street Azusa Canyon Road Irwindale Avenue E-W 35 13,381 0.27 1.34 41 31 - 40 3515 Cypress Street Irwindale Avenue Ellen Drive E-W 35 15,873 0.82 1.34 40 31 - 40 3516 Foothill Boulevard Encanto Parkway Irwindale Avenue E-W 45 31,249 0.33 1.34 52 42 - 51 4517 Foothill Boulevard [9] Irwindale Avenue City Boundary E-W 45 41,255 1.29 1.00 43 31 - 40 4018 Fourth Street Arrow Highway Tapia Street N-S 35 3,685 0.00 1.12 39 30 - 39 3519 Gladstone Street Irwindale Avenue Ayon Avenue E-W 40 14,503 0.41 1.34 43 33 - 42 4020 Irwindale Avenue Foothill Boulevard I-210 Freeway N-S 35 38,226 0.09 1.27 40 30 - 39 4021 Irwindale Avenue I-210 Freeway First Street N-S 35 35,343 0.36 1.27 43 33 - 42 4022 Irwindale Avenue Gladstone Street Ornelas Street N-S 35 27,371 0.30 1.27 43 33 - 42 4023 Irwindale Avenue Ornelas Street Arrow Highway N-S 35 30,871 0.32 1.27 43 30 - 39 4024 Irwindale Avenue Arrow Highway Tapia Street N-S 35 20,750 0.22 1.27 35 27 - 36 3525 Irwindale Avenue Tapia Street Cypress Street N-S 35 23,604 0.22 1.27 38 29 - 38 3526 Live Oak Avenue Myrtle Avenue Longden Avenue E-W 45 37,388 0.37 1.27 45 35 - 44 45 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 1-19-4367-1 City of Irwindale Engineering and Traffic Survey
Amendment No. 1 approved onFebruary 12, 2025 CC Meeting

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Table 3 (Continued)
SUMMARY OF SPEED ZONING ANALYSIS AND RECOMMENDATIONS [1] EXISTING AVERAGE ACTUAL AVERAGE 85TH RECOMMENDED
SEGMENT ORIEN- SPEED LIMIT DAILY COLLISIONS COLLISIONS PERCENTILE 10-MPH SPEED LIMIT NO. STREET FROM TO TATION (MPH) [2] TRAFFIC [3] PER MVM [4] PER MVM [5] SPEED (MPH) [6] PACE [6] (MPH) [7] 27 Live Oak Avenue Longden Avenue Arrow Highway E-W 45 57,263 0.17 1.27 45 32 - 41 4528 Live Oak Avenue Arrow Highway I-605 Freeway E-W 45 29,506 0.34 1.27 47 36 - 45 4529 Live Oak Avenue I-605 Freeway Rivergrade Road E-W 45 28,280 0.73 1.27 45 35 - 44 4530 Live Oak Avenue Rivergrade Road Arrow Highway E-W 45 31,438 0.13 1.27 44 32 - 41 4531 Longden Avenue Peck Road Live Oak Avenue E-W 40 15,509 0.00 1.34 44 32 - 41 4032 Los Angeles Street Park Avenue Azusa Canyon Road E-W 45 10,634 0.26 1.34 43 32 - 41 4533 Los Angeles Street I-605 Freeway Little John Street E-W 45 24,246 0.28 1.34 47 36 - 45 4534 Meridian Street City Boundary Miguel Miranda Avenue E-W 25 4,354 0.00 1.12 32 23 - 32 2535 Myrtle Avenue California Avenue Live Oak Avenue N-S 40 19,664 0.11 1.27 41 33 - 42 4036 Olive Street Bleecker Street Azusa Canyon Road E-W 35 7,149 0.00 1.12 42 31 - 40 3537 Ramona Boulevard I-605 Freeway City Boundary E-W [8] 23,610 0.13 1.27 41 31 - 40 4038 Rivergrade Road Arrow Highway Live Oak Avenue N-S 40 4,778 0.35 1.34 34 25 - 34 3539 Rivergrade Road City Boundary Brooks Drive N-S 45 14,069 0.14 1.34 47 35 - 44 4540 Rivergrade Road (NB) Brooks Drive Lower Azusa Road N-S 45 5,564 0.00 1.12 49 40 - 49 4541 Rivergrade Road (SB) Brooks Drive Lower Azusa Road N-S 45 7,772 0.17 1.12 48 38 - 47 4542 Tapia Street Fourth Street Irwindale Avenue E-W 35 2,635 0.00 1.12 38 30 - 39 3543 Vincent Avenue [9] Newburgh Street Arrow Highway N-S 45 11,428 0.64 1.22 42 32 - 41 4044 Vincent Avenue Arrow Highway City Boundary N-S 45 13,139 0.13 1.34 50 42 - 51 45 [1] Refer to the report text for further discussion of each component of the speed zoning analysis. [2] Source: Exhibit A of Resolution 2013-09-2603, approved March 13, 2013.[3] Counts conducted in January 2020 by City Traffic Counters.[4] Refer to the report text for description of the data and formula utilized to calculate the collision rates for roadway segments. Calculation of the actual collision rate per million vehicle miles (MVM) is presented in the roadway segment summary worksheets. [5] Average collisions rates per million vehicle miles (MVM) represent the three-year statewide average obtained from Caltrans' 2016 Collision Data on California State Highways. [6] Refer to the roadway segment summary worksheets for a graphical presentation of the spot speed survey, including the 85th percentile and 10-MPH pace.[7] Refer to report text for further discussion of recommended speed limits.[8] Ramona Boulevard was not included in the previous engineering and traffic survey conducted in 2013.[9] Traffic data collected in August 2024.

LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 1-19-4367-1 City of Irwindale Engineering and Traffic Survey

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01005.0006/1050490.1 ORDINANCE NO. 792

Page 1 ends

ORDINANCE NO. 792

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING

AN ENGINEERING AND TRAFFIC SURVEY JUSTIFYING THE SPEED LIMIT FOR CERTAIN CITY STREETS, AND AMENDING SECTION 10.40.0470 “SPEED LIMITSSPECIFIED FOR CERTAIN STREETS” OF CHAPTER 10.40 “RESTRICTED USE OF CERTAIN STREETS” OF TITLE 10 “VEHICLES AND TRAFFIC” OF THE

IRWINDALE MUNICIPAL CODE TO DECLARE THE PRIMA FACIE SPEED LIMITS

OF CERTAIN STREETS WITHIN THE CITY OF IRWINDALE
WHEREAS, California Vehicle Code (CVC) Sections 22357 and 22358 permit local authorities such as the Irwindale City Council to determine and declare, by ordinance, prima facie speed limits on roadways other than state highways; and WHEREAS, CVC Sections 40801 and 40802 require that such prima facie speed limits be justified on the basis of a current Engineering and Traffic Survey in order to be enforceable by police radar; and
WHEREAS, pursuant to the CVC and the California Manual on Uniform Traffic Devices (CAMUTCD, 2014 Rev. 8), speed limits are set based upon the 85th percentile speed (i.e., the speed at or below which 85% of drivers travel on the roadway), which has been rounded to the nearest 5 MPH increment; and
WHEREAS, the speed limit may then be lowered in some cases, if justified by observed crash rates, adjacent development, or other roadway factors; and WHEREAS, recent changes in State law (Assembly Bill 43, 2021 and Assembly Bill 1938, 2022) provide local agencies with additional flexibility in setting speed limits for roadways, allowing consideration of unique characteristics or locally elevated crash rates, or the retention of current or prior speed limits; and
WHEREAS, Engineering and Traffic Surveys are valid for a minimum of five years, and may be valid for up to fourteen years based on certain police certifications and the determination of a registered engineer that roadway and land use conditions have not significantly changed; and
WHEREAS, on November 11, 2020, the City Council approved the 2020 CityWide Engineering and Traffic Survey and adopted Resolution No. 2020-91-3251 and approved recommended speed on certain streets.

WHEREAS, in August 2024, the City of Azusa informed City staff of changes to speed limits on two roadways adjacent to the City of Irwindale, and there became a need to conduct an Engineering and Traffic Surveys for two roadway segments in the City of Irwindale; and

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ORDINANCE NO. 792

Page 2 ends

WHEREAS, based on the 85th percentile speeds, average crash rates, and in consideration of other roadway and safety characteristics, the prima facie speed limits on two segments are recommended to be lowered by 5 MPH; and WHEREAS, the study was reviewed and being recommended by the City Engineer for the City Council to review and consider; and
WHEREAS, the City Council now desires to amend the prima facie speed limits for roadways within the City, consistent with the study.

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

SECTION 1. The Amended Speed Survey attached hereto as Attachment “A” is hereby approved and adopted by the City Council of the City of Irwindale.

SECTION 2. Section 10.40.040 “Speed Limits—Specified for certain streets” of Chapter 10.40 “Restricted Use of Certain Streets” of Title 10 “Vehicles and Traffic” of the Irwindale Municipal Code is hereby amended and shall now read in its entirety as follows:

10.40.040 Speed limits—Specified for certain streets.

It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residence districts, as applicable upon the following streets, is greater than is reasonable or safe under the conditions found to exist upon such streets and it is declared that the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated below when signs are erected giving notice thereof:

SEGMENT

STREET FROM TO

DECLARED PRIMA FACIE

SPEED LIMIT
(MPH)
Live Oak Avenue Avenida Barbosa 45
Arrow Highway Avenida Barbosa I-605 Freeway 45
Arrow Highway I-605 Freeway San Gabriel River 45
Arrow Highway San Gabriel River Live Oak Avenue 45
Arrow Highway Live Oak Avenue Heintz Street 45
Arrow Highway Heintz Street Azusa Canyon Road 45
Arrow Highway Azusa Canyon Road Irwindale Avenue 45
Arrow Highway Irwindale Avenue Vincent Avenue 45
Avenida Barbosa Buena Vista Street Arrow Highway 40
Azusa Canyon Road Arrow Highway Olive Street 40
Azusa Canyon Road Olive Street Cypress Street 40
Azusa Canyon Road Cypress Street Los Angeles Street 40
Buena Vista Street Village Road Avenida Barbosa 40

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01005.0006/1050490.1 ORDINANCE NO. 792

Page 1 ends

Calle de Paseo 25
City Hall service roads Calle de Paseo Calle del Norte 25 Cypress Street Azusa Canyon Road Irwindale Avenue 35
Cypress Street Irwindale Avenue Ellen Drive 35
Foothill Boulevard Encanto Parkway Irwindale Avenue 45
Foothill Boulevard Irwindale Avenue City Boundary 40
Fourth Street Arrow Highway Tapia Street 35
Gladstone Street Irwindale Avenue Ayon Avenue 40
Hidalgo Street 25
Irwindale Avenue Foothill Boulevard I-210 Freeway 40
Irwindale Avenue I-210 Freeway First Street 40
Irwindale Avenue Gladstone Street Ornelas Street 40
Irwindale Avenue Ornelas Street Arrow Highway 40
Irwindale Avenue Arrow Highway Tapia Street 35
Irwindale Avenue Tapia Street Cypress Street 35
Juarez Street 25
Live Oak Avenue Myrtle Avenue Longden Avenue 45
Live Oak Avenue Longden Avenue Arrow Highway 45
Live Oak Avenue Arrow Highway I-605 Freeway 45
Live Oak Avenue I-605 Freeway Rivergrade Road 45
Live Oak Avenue Rivergrade Road Arrow Highway 45
Longden Avenue Peck Road Live Oak Avenue 40
Los Angeles Street Park Avenue Azusa Canyon Road 45
Los Angeles Street I-605 Freeway Little John Street 45
Lower Azusa Road 45
Meridian Street City Boundary Miguel Miranda Avenue 25
Myrtle Avenue California Avenue Live Oak Avenue 40
Nora Avenue 25
Olive Street Bleecker Street Azusa Canyon Road 35
Peck Road 40
Peppertree Lane 25
Ramona Boulevard I-605 Freeway City Boundary 40
Rivergrade Road Arrow Highway Live Oak Avenue 35
Rivergrade Road City Boundary Brooks Drive 45
Rivergrade Road (NB) Brooks Drive Lower Azusa Road 45
Rivergrade Road (SB) Brooks Drive Lower Azusa Road 45
Tapia Street Fourth Street Irwindale Avenue 35
Vincent Avenue Newburgh Street Arrow Highway 40
Vincent Avenue Arrow Highway City Boundary 45
01005.0006/1050490.1

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ORDINANCE NO. 792

Page 2 ends

SECTION 3. Upon adoption of this ordinance, the City Engineer is authorized and directed to replace any existing speed limit signs and pavement markings where the speed limits will be changed consistent with this ordinance.

SECTION 4. Severability. 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.

The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentences, 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 5. Certification and Effective Date. The Chief Deputy City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted at the designated locations in the City of Irwindale. This ordinance shall be effective on the thirtieth (30th) day after the day of its adoption.

PASSED, APPROVED and ADOPTED this 26th day of February 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, California do hereby certify that the foregoing Ordinance No. 792 was introduced at a regular meeting of the City Council of the City of Irwindale held on the 12th day of February 2025, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the 26thh day of February 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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01005.0006/1050490.1 ORDINANCE NO. 792

Page 1 ends

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. 792 adopted by the City Council of the City of Irwindale at its regular meeting held ________, 2025, to be posted at the City Hall, Library, and Post Office on __________, 2025.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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IRWINDALE CITY COUNCIL CHAMBERS JANUARY 8, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 10:22 P.M.

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

ROLL CALL: Present: Board Members Albert F. Ambriz, Manuel R. Garcia; Vice Chair H. Manuel Ortiz; Chair Larry G. Burrola

Absent: Board Member Mark A. Breceda
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

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

ITEM NO. 33A APPROVE THE MINUTES OF THE REGULAR MEETING HELD APPROVE THE DECEMBER 11, 2024

MINUTES OF THE
REGULAR MEETING The minutes of the regular meeting held December 11, 2024, were HELD DECEMBER 11, approved as presented.
2024

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 10:23 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary

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IRWINDALE CITY COUNCIL CHAMBERS JANUARY 22, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 9:51 P.M.

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

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

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

ITEM NO. 33A INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING DECEMBER 31, 2024

QUARTERLY REPORT
FOR FISCAL QUARTER The City Council, Successor Agency Board, and Housing Authority ENDING DECEMBER 31, Board received and filed the Investment Quarterly Report for the 2024 fiscal quarter ending December 31, 2024.

ITEM NO. 33B ACQUISITION OF 14905 LOS ANGELES STREET, IRWINDALE, CA

ACQUISITION OF
14905 LOS ANGELES

STREET, IRWINDALE,
CA
RESOLUTION NO. Resolution No. HA 2025-01-145, entitled:

HA 2025-01-145
ADOPTED “A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY APPROVING THE ACQUISITION OF 14905 LOS ANGELES

STREET, IRWINDALE, CALIFORNIA, AUTHORIZING THE

HOUSING COORDINATOR TO EXECUTE THE PURCHASE AND

SALE AGREEMENT AND RELATED DOCUMENTS, AND

APPROVING THE APPROPRIATION OF FUNDS FROM LOW-AND
MODERATE – INCOME HOUSING FUND 12,” was adopted.

END OF CONSENT CALENDAR

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HOUSING AUTHORITY MINUTES JANUARY 22, 2025
REGULAR MEETING PAGE 2

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:52 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary

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Irwindale City CouncilFebruary 12, 2025

Irwindale City Council
February 12, 2025