CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
May 14, 2025
SPECIAL MEETING – 5:00 P.M.
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 - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.
Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389
May 14, 2025
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.
May 14, 2025
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
May 14, 2025
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 LEGAL COUNSEL—ANTICIPATED LITIGATION Significant Exposure to Litigation
[Pursuant to Government Code sections 54954.5(c), 54956.9 (d)(3), (e)(1)] Based on existing facts and circumstances, this closed session is only to decide whether a closed session is authorized pursuant to Government Code section 54956.9(d)(2), which provides: “A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Facts and circumstances are those that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
Number of cases: 3
B. Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
6. RECONVENE IN OPEN SESSION
7. REPORT FROM CLOSED SESSION
8. ADJOURNMENT
REGULAR MEETING
May 14, 2025
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. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
A. Introduction of Maintenance Aides Jose Casas, Daniel Mathews, and John Near B. Introduction of Irwindale Police Officer Ricky Moreno
18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Recognition of the Irwindale Cheer Team
B. Proclamation - National Public Works Week
C. Chamber of Commerce Businesses of the Month - Dance Syndicate (February); Santa Anita Park (March); Rogers & Associates (April)
D. Irwindale Chamber of Commerce Quarterly Update
19. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings Held March 12, 2025 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
May 14, 2025
C. Rejection of Claim - Kurtis Pasco vs. City of Irwindale Department: City Clerk
Recommendation: (1) Reject the claim of Kurtis Pasco vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
D. Second Reading of Ordinance No. 760 to Amend Irwindale Municipal Code Chapter 8.16 to Impose Penalties for Fireworks Violations
Department: City Attorney
Recommendation: Direct the City Attorney to read by title only, waive reading of, and adopt Ordinance No. 760 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING CHAPTER 8.16 (“FIREWORKS”) OF TITLE 8 (“HEALTH & SAFETY”) OF THE
IRWINDALE MUNICIPAL CODE TO IMPOSE PENALTIES FOR FIREWORKS VIOLATIONS AND PROVIDE OTHER ADMINISTRATIVE CHANGES FOR THE REGULATION OF FIREWORKS.” E. 2nd Reading - Ordinance 794
Department: Human Resources
Recommendation: That the City Council adopt on second reading by title only with further reading waived Ordinance 794, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF IRWINDALE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM."
F. Irwindale Business Center Sewer and Streetlight Maintenance Assessment Districts Engineer’s Report and Notice of Intent to Levy
Department: Finance
Recommendation:
1. Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR
MAINTENANCE, OPERATION, AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION
AND SEWERAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN THE SEWER MAINTENACNE DISTRICT FOR FISCAL YEAR 2025-2026; AND GIVING NOTICE OF A DAY AND TIME FOR A VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS.”
2. Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR
MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT (THE IRWINDALE BUSINESS CENTER); DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT FOR THE FISCAL YEAR 2025-2026; AND GIVING NOTICE OF A
May 14, 2025
DAY AND TIME FOR A VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSEMENTS.”
3. Set the Public Hearing for June 11, 2025, to consider setting assessments for the two above-mentioned Assessment Districts.
G. Americans with Disabilities Act (ADA) Assistance Program Department: Public Services
Recommendation: Adopt Resolution No. 2025-39-3627, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (D), AUTHORIZING THE ISSUANCE OF A
PURCHASE ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING WITH CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA)
AUTHORIZING TO PROVIDE AN UPDATE ON THE CITY OF IRWINDALE'S ADA ASSISTANCE PROGRAM."
H. Neighborhood Coyote Program
Department: Public Services
Recommendation: Adopt Resolution No. 2025-38-3626, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE
FOR PARTICIPATION IN THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT FOR THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM."
I. Acceptance of the Aquatic Center Swimming Pool Renovation Project; P-1062 Department: Engineering
Recommendation:
That the City Council (1) ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the construction improvements of the Irwindale Aquatic Center - Main Swimming Pool Renovation Project (2) approve the final construction project amount of $943,921.56 under the construction contract with Blue Star Pools, Inc.; (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the construction project.
J. Award of Contract for the Irwindale Recreation Center HVAC Replacement Project; P-1071 Department: Engineering
Recommendation:
That the City Council (1) authorize the City Manager to enter into an agreement with AC Pros, Inc in the amount of $196,180 for the Irwindale Recreation Center HVAC Replacement Project; and (2) approve a 10% construction contingency in the amount of $19,618 to cover any unforeseeable conditions that may arise during construction.
20. SPONTANEOUS COMMUNICATIONS
May 14, 2025
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. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
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
May 14, 2025
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
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY
26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
27. CONSENT CALENDAR
A. Minutes of the Regular Meeting Held March 12, 2025
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation:
28. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
29. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
30. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
31. ADJOURN
HOUSING AUTHORITY
32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
33. CONSENT CALENDAR
May 14, 2025
A. Minutes of the Regular Meeting Held March 12, 2025
Department: City Clerk
Recommendation: Approve
34. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
35. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
36. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
37. ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency and Housing Authority, to be held on May 14, 2025, be posted at the City Hall, Library, and Post Office on May 8, 2025.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 12, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:30 P.M.
The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in a special joint meeting at the above time and place.
ROLL CALL: Present: Councilmembers Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz;
Mayor Larry G. Burrola
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS There were no speakers.
RECESS TO At 5:31 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:
Conference with Real Property Negotiator
Pursuant to California Government code Section 54956.8
Property: 14905 Los Angeles Street, Irwindale, CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
ACTION: Update provided, no direction provided nor any action taken 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
ACTION: Update provided, no direction provided nor any action taken Property: 16336 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: Grainger, Linette Trust; Linette Grainger Under Negotiation: Price and terms of payment
ACTION: Information provided, direction provided to staff; no reportable action
CC / HA MINUTES MARCH 12, 2025
SPECIAL JOINT MEETING PAGE 2
RECONVENE IN At 6:01 p.m., the City Council reconvened in Open Session.
OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:02 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MARCH 12, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:07 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz;
Mayor Larry G. Burrola
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.
CHANGES TO THE
AGENDA None.
COUNCILMEMBER
TRAVEL REPORTS None.
COUNCILMEMBER
COMMENTS
MAYOR PRO TEM Mayor Pro Tem Ortiz spoke highly about the Emergency ORTIZ Preparedness Fair held recently and thanked those that coordinated it.
MAYOR BURROLA Mayor Burrola thanked staff and the vendors that participated in the event as well as Senator Rubio for attending.
INTRODUCTION OF
NEW EMPLOYEES /
PROMOTIONS
ITEM NO. 17A INTRODUCTION OF COMMUNITY DEVELOPMENT OFFICE
INTRODUCTION OF SPECIALIST CYNTHIA LARGAESPADA
COMMUNITY
DEVELOPMENT Director Simpson presented Office Specialist Cynthia Largaespada.
OFFICE SPECIALIST
CYNTHIA
LARGAESPADA
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 2
ITEM NO. 18A FOOTHILL GOLDLINE GLENDORA TO POMONA SUBSTANTIAL
FOOTHILL GOLDLINE COMPLETION VIDEO
GLENDORA TO
POMONA SUBSTANTIAL The video presentation was made.
COMPLETION VIDEO
ITEM NO. 18B PRESENTATION BY VALLEY COUNTY WATER DISTRICT –
PRESENTATION BY ENSURING WATER SAFETY AND RELIABILITY
VALLEY COUNTY
WATER DISTRICT – The presentation was made.
ENSURING WATER
SAFETY AND
RELIABILITY
ITEM NO. 18C PROCLAMATION PROCLAIMING RED CROSS MONTH
PROCLAMATION
PROCLAIMING RED The proclamation was made.
CROSS MONTH
CONSENT CALENDAR
MOTION A motion was made by Mayor Pro Tem Ortiz, seconded by Councilmember Breceda, to approve the Consent Calendar, except for Item No. 19C, which was removed for separate consideration. The motion was unanimously approved.
ITEM NO. 19A MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF MINUTES OF THE JANUARY 22, 2025, AND THE SPECIAL MEETING OF FEBRUARY SPECIAL AND 4, 2025
REGULAR MEETINGS
OF JANUARY 22, 2025, The minutes were approved.
AND THE SPECIAL
MEETING OF
FEBRUARY 4, 2025
ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL
WARRANTS / DEMANDS
/ PAYROLL The warrants / demands / payroll were approved.
ITEM NO. 19D AWARD PROFESSIONAL SERVICES CONTRACT FOR ANNUAL AWARD PRO. AUDIT SERVICES
SERVICES CONTRACT
FOR ANNUAL AUDIT The contract with LSL, LLP, to provide annual audit services for five SERVICES years, was approved.
ITEM NO. 19E ADOPT RESOLUTIONS OF INTENT TO AMEND THE CONTRACT
ADOPT RESOLUTIONS BETWEEN CALPERS AND THE CITY OF IRWINDALE TO
OF INTENT TO AMEND IMPLEMENT A PENSION COST SHARE PROVISION FOR
THE CONTRACT UNREPRESENTED MANAGEMENT AND EXECUTIVE
BETWEEN CALPERS EMPLOYEES
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 3
AND THE CITY OF
IRWINDALE
RESOLUTION NO. Resolution No. 2025-50-3605, entitled:
2025-50-3605
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RELATING TO CALPERS RETIREMENT COSTSHARING UNDER GOVERNMENT CODE SECITON 20516 BY UNREPRESENTED MANAGEMENT EMPLOYEES,” and
RESOLUTION NO. Resolution No. 2025-19-3607, entitled:
2025-19-3607
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RELATING TO CALPERS RETIREMENT COSTSHARING UNDER GOVERNMENT CODE SECTION 20516 BY UNREPRESENTED EXECUTIVE EMPLOYEES,” were approved.
ITEM NO. 19F LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH – LOS ANGELES CO. PUBLIC HEALTH SERVICES AGREEMENT
DEPT. OF PUBLIC
HEALTH – PUBLIC The City Council approved the Los Angeles County Department of HEALTH SERVICES Public Health – Public Health Services Agreement and the City AGMT. Manager was authorized to execute the agreement on behalf of the City.
ITEM NO. 19G OUT OF STATE TRAVEL TO THE INTERNATIONAL COUNCIL OF
OUT OF STATE TRAVEL SHOPPING CENTERS CONFERENCE IN LAS VEGAS, NEVADA, TO THE INTL. COUNCIL FOR CITY COUNCIL AND CITY STAFF
OF SHOPPING CNTRS.
CONFERENCE IN
LAS VEGAS, NV, FOR
CITY COUNCIL AND
CITY STAFF
RESOLUTION NO. Resolution No. 2025-25-3613, entitled:
2025-25-3613
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING OUT OF STATE TRAVEL TO THE 2025
INTERNATIONAL COUNCIL OF SHOPPING CENTERS
CONFERENCE IN LAS VEGAS, NEVADA, FOR THREE CITY
COUNCILMEMBERS AND TWO STAFF MEMBERS,” was adopted.
ITEM NO. 19H ADOPTING IRWINDALE’S ENERGY RESILIENCE ACTION PLAN
ADOPTING
IRWINDALE’S ENERGY
RESILIENCE ACTION
PLAN
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 4
RESOLUTION NO. Resolution No. 2025-24-3612, entitled:
2025-24-3612
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING IRWINDALE’S ENERGY RESILIENCE
ACTION PLAN (ERAP) AND AUTHORIZING THE MAYOR TO SIGN
THE ERAP COMMITMENT LETTER”.
ITEM NO. 19I APPROVAL OF LEASE OF CITY’S WATER PRODUCTION RIGHTS APPROVAL OF LEASE FOR FY 2024/2025
OF CITY’S WATER
PRODUCTION RIGHTS The City Manager was authorized to sign the First Extension of FOR FY 2024/2025 Temporary Assignment or Lease of Water Rights with Valley County Water District for Fiscal Year 2024/2025.
ITEM NO. 19J DECLARATION OF SURPLUS VEHICLES, EQUIPMENT, AND
DECLARATION OF MISCELLANEOUS ITEMS
SURPLUS VEHICLES,
EQUIPMENT, AND
MISC. ITEMS
RESOLUTION NO. Resolution No. 2025-22-3610, entitled:
2025-22-3610
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE DECLARING VEHICLES, EQUIPMENT, AND
MISCELLANEOUS ITEMS AS SURPLUS AND AUTHORIZING
DISPOSITION OF THE SURPLUS VEHICLES, EQUIPMENT, AND
MISCELLANEOUS ITEMS,” was adopted.
ITEM NO. 19K APPROVE CONTRACT EXTENSION TO THE 4TH OF JULY
APPROVE CONTRACT FIREWORKS SPECTACULAR SHOW
EXTENSION TO THE
4 TH OF JULY The City Manager was authorized to sign the contract extension FIREWORKS for the July 4th Fireworks Spectacular Show.
SPECTACULAR SHOW
ITEM NO. 19L AWARD OF AS-NEEDED CIVIL ENGINEERING, SUBDIVISION
AWARD OF AS-NEEDED MAP REVIEW, AND LAND SURVEYING SERVICES CONTRACT
CIVIL ENGINEERING,
SUBDIVISION MAP The City Manager was authorized to execute an agreement with REVIEW, AND LAND Coory Engineering for As-Needed Civil Engineering, Subdivision SURVEYING SERVICES Map Review, and Land Surveying Services for an amount not-to CONTRACT exceed $250,000.
END OF CONSENT CALENDAR
ITEM NO. 19C IRWINDALE GATEWAY SPECIFIC PLAN
IRWINDALE GATEWAY
SPECIFIC PLAN
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 5
MAYOR PRO TEM Mayor Pro Tem Ortiz asked about the development standards for the ORTIZ project, specifically the setbacks set for Arrow Highway, Live Oak Lane, and Live Oak Avenue, to which Senior Planner Jones advised that the setbacks for Arrow Highway and Live Oak Avenue are set at 20 feet, while Live Oak Lane’s setback is set at 10 feet, possibly since it is an interior street.
Mayor Pro Tem Ortiz also asked about the maximum building height for the project, to which Senior Planner Jones advised that the area is zoned M2 which sets no height limit. She added that the proposed building would set a height standard.
Mayor Pro Tem Ortiz suggested that the building not be permitted to be taller than 55 feet, to which City Attorney Guerra stated that the Council had previously agreed to approve the project as proposed, and that if the Council now would like to make additional revisions, he would recommend setting a public hearing.
Responding to a question by Mayor Pro Tem Ortiz, City Attorney Guerra advised that the Council has previously directed staff to return with the originally-proposed standards as set forth in the specific plan following the closure of the public hearing.
Mayor Pro Tem Ortiz also asked about the proposed eight-foot wall at the BESS project site, to which City Attorney Guerra stated that the ordinance would include all BESS regulations, including wall height.
COUNCILMEMBER Councilmember Breceda preferred to leave the regulations as BRECEDA currently stated in the draft ordinance.
CITY MANAGER City Manager Miranda noted that the Zoom meeting was experiencing MIRANDA technical difficulties and requested a five-minute break to look into resolving them.
RECESS At 6:39 p.m., the Council took a short recess.
RECONVENE At 6:43 p.m., the Council reconvened in Open Session with all members present.
MAYOR PRO TEM Mayor Pro Tem Ortiz requested that the height of the block wall be ORTIZ increased from eight feet to ten feet.
JEFF DRITLEY Jeff Dritley with Kearny Real Estate indicated that his company accepts the wall height change requested by Mayor Pro Tem Ortiz.
CITY ATTORNEY City Attorney Guerra noted that the change would be reflected in the GUERRA specific plan ordinance and the tentative parcel map resolution that cites the conditions of approval.
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 6
ROBERT DIAZ Robert Diaz opposed the approval of the Specific Plan since he believes it will take away the City’s ability to regulate zoning and turns that authority over to the developer. He also stated that the Council has approved each specific plan that it has been presented with, which is not necessary, and opposed the lot line adjustment and the statement of overriding considerations. He urged the Council to consider the city’s needs over the developer’s wants.
DENA ZEPEDA Dena Zepeda thanked the Valley County Water District for the water information it presented and commended staff for the recent emergency preparedness fair. She also urged the Council to understand the residents’ needs and focus less on what the developer wishes for.
SUZANNE GOMEZ Suzanne Gomez concurred with Robert Diaz and said that a specific plan should be handed out for every development. She added that sometimes it is better to continue matters to the future in order to conduct additional research.
RESOLUTION NO. Resolution No. 2025-01-3589, entitled:
2025-01-3589
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT, STATE CLEARING HOUSE (SCH# 2023020290); (2)
ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES,
SECTION 15091; (3) ADOPTING THE PROPOSED MITIGATION
MONITORING AND REPORTING PROGRAM; AND (4) ADOPTING
A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR THE IRWINDALE GATEWAY SPECIFIC PLAN; and
RESOLUTION NO. Resolution No. 2025-02-3590, entitled:
2025-02-3590
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AMENDING THE COMMUNITY DEVELOPMENT
ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL
PLAN (GPA NO. 02-2022) FROM REGIONAL COMMERCIAL TO
SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE OAK
LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-047)
AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT
THEREOF,” were adopted, and
ORDINANCE NO. 787 Ordinance No. 787, entitled:
INTRODUCED FOR
FIRST READING “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, ADOPTING ZONE ORDINANCE
AMENDMENT NO. 02-2023 TO ADD IRWINDALE GATEWAY
SPECIFIC PLAN TO TITLE 17 OF THE IRWINDALE MUNICIPAL
CODE (IMC), DEFINING PERMITTED USES, REGULATING THE
SIZES AND LOCATIONS OF BUILDINGS, SPECIFYING DESIGN
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 7
GUIDELINES AND DEVELOPMENT STANDARDS, ADDRESSING
MOBILITY AND CONNECTIVITY TOPICS, IDENTIFYING PROJECT
INFRASTRUCTURE AND SERVICES, AND PROVIDING
ADMINISTRATIVE AND IMPLEMENTATION LANGUAGE FOR
PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE,
CA (APNS: 8532-002-046 AND 8532-002-047) AND FINIDNG THE
PROJECT CONSISTENT WITH THE CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)” and
ORDINANCE NO. 788 Ordinance No. 788, entitled:
INTRODUCED FOR
FIRST READING “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE MODIFYING THE CITY OF IRWINDALE ZONING MAP
(ZONE CHANGE NO. 02-2022) FROM M-2 (HEAVY
MANUFACTURING) TO IRWINDALE GATEWAY SPECIFIC PLAN
FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE,
IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-047) AND
FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)” were
introduced for first reading, reading by title only and waiving further reading thereof, and
RESOLUTION NO. Resolution No. 2025-05-3593, entitled:
2025-05-3593
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING TENTATIVE PARCEL MAP NO. 83854
TO CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT
13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046
AND 8532-002-04) IN THE M-2 (HEAVY MANUFACTURING) ZONE
SUBJECT TO CONDITIONS AS SET FORTH HEREIN, MAKING
FINDINGS IN SUPPORT THEREOF,” was approved, on the motion of Councilmember Ambriz, seconded by Councilmember Breceda, and unanimously approved; to include the change to the wall height requested by Mayor Pro Tem Ortiz.
SPONTANEOUS
COMMUNICATIONS
RYAN SERRANO Ryan Serrano, Deputy District Director with the Office of Supervisor Solis, spoke on an upcoming Veterans Expo event scheduled for March 21 and encouraged all to attend.
DENA ZEPEDA Dena Zepeda spoke highly of the recent emergency preparedness fair and suggested holding an event specifically for seniors. She also spoke on her opposition to the development of a battery energy storage system.
JOSLYN DURAN Joslyn Duran thanked all for supporting her small business and asked whether Irwindale could extend some of its youth programs to Irwindale business owners’ families.
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 8
MAYOR BURROLA AND Mayor Burrola and Councilmember Ambriz requested that staff look COUNCILMEMBER into the request and report back at the next meeting.
AMBRIZ
NEW BUSINESS
ITEM NO. 21A ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE ANNUAL FISCAL EYAR ENDED JUNE 30, 2024
COMPREHENSIVE
FINANCIAL REPORT
FOR THE FY ENDED
JUNE 30, 2024
DIRECTOR BORHANI Director Borhani introduced Ryan Domino with Lance, Soll, and Lunghard, LLP, who made a PowerPoint presentation.
MOTION A motion was made by Mayor Pro Tem Ortiz, seconded by Councilmember Breceda, to receive and file the Annual
Comprehensive Financial Report and Supplemental Audit Letters for the Fiscal Year ended June 30, 2024. The motion was unanimously approved.
ITEM NO. 21B MID-YEAR FINANCIAL REVIEW AND ADJUSTMENTS TO THE FY MID-YEAR FINANCIAL 2024-2025 BUDGET
REVIEW AND
ADJUSTMENTS TO
THE FY 2024-2025
BUDGET
DIRECTOR BORHANI Director Borhani presented the staff report.
RESOLUTION NO. Resolution No. 2025-26-314, entitled:
2025-26-314
ADOPTED “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AND THE IRWINDALE RECLAMATION AUTHORITY
BOARD APPROVING ADJUSTMENTS TO THE BUDGET FOR
FISCAL YEAR 2024-2025,” was adopted on the motion of
Councilmember Ambriz, seconded by Councilmember Breceda, and unanimously approved.
ITEM NO. 21C REQUEST FOR SPEED HUMPS INSTALLATION ON HIDGALGO
REQUEST FOR SPEED STREET AND MARTINEZ STREET UPDATE
HUMPS INSTALLATION
ON HIDALGO ST. AND
MARTINEZ ST. UPDATE
CITY ATTORNEY City Attorney Guerra requested that a discussion be held regarding GUERRA Martinez Street first, followed by Hidalgo.
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 9
DIRECTOR CHAN Director Chan advised that staff conducted a survey and traffic study for both streets, per Council direction, with the results shown in the staff report. Based on the findings, speed humps may be installed on Hidalgo Street to mitigate excessive speed and traffic volume.
However, Martinez Street did not meet the minimum resident support.
COUNCILMEMBER Councilmember Ambriz concurred that the residents of Martinez AMBRIZ Street are not interested in speed humps.
MAYOR BURROLA Seeing no further comments, Mayor Burrola continued the discussion to Hidalgo Street.
COUNCILMEMBERS Councilmembers Breceda and Garcia and City Manager Miranda BRECEDA AND GARCIA declared potential conflicts of interest and exited the Council AND CITY MANAGER Chambers at 7:42 p.m.
MIRANDA
DIRECTOR CHAN Director Chan presented options to the Council for the installation of speed humps on Hidalgo Street: 1) prepare a bid package as a new capital improvement project, which would require additional budgeting, and 2) include the construction of the speed humps as part of the FY 24/25 pavement rehabilitation project, which would reduce costs by eliminating separate bidding and advertising expenses while streamlining bidding and construction processes. He noted that funding for option two is available in the project budget. If approved, construction would begin in June or July of this year.
MAYOR BURROLA Mayor Burrola requested that staff present the costs for both options to the Council.
MAYOR PRO TEM Responding to a question by Mayor Pro Tem Ortiz, Director Chan ORTIZ advised that option two would entail rolling the construction of the speed humps into the pavement rehabilitation project; the contractor would first install the two speed humps on Hidalgo Street and then proceed with resurfacing the streets.
MOTION A motion was made by Mayor Pro Tem Ortiz, seconded by Mayor Burrola, to direct staff to incorporate the design plans and specifications for the speed humps on Hidalgo Street into the FY 24/25 Pavement Rehabilitation Project. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.
PUBLIC HEARINGS None.
CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:
MIRANDA
1) On March 8, the City hosted an Emergency Preparedness and
CITY COUNCIL MINUTES MARCH 12, 2025
REGULAR MEETING PAGE 10
RockAbilities Resource Fair, which over 200 attendees enjoyed.
He thanked staff for working hard to ensure the event’s success. 2) An annual Spring Book Festival hosted by the Library will be held March 22 at the Irwindale Park Plaza.
3) Human Resources is accepting applications for the 2025 Summer Youth Program.
REQUESTS FOR
AGENDA ITEMS BY
CITY COUNCIL
MAYOR BURROLA Mayor Burrola requested that an update on the pool renovation project be presented, to which City Manager Miranda advised that the replastering of the pool was postponed due to the rain, but staff anticipates that it’ll be done next week. Staff also anticipates that the pool would open for the spring session on April 7.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:53 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
April 2025
Reference
Number Vendor Name Date Amount
WFB-58 CJPIA Excess Pool 4/10/2025 10,313.69
WFB-60 Fidelity National Title Insurance Company 4/29/2025 17,970.00 WFB-61 CJPIA Excess Pool 4/30/2025 30,000.00
Report Total: 58,283.69
Electronic Payments
April 1 - 30, 2025
Payroll Batch 429-04-2025, 430-04-2025, 431-04-2025
DATE OF ISSUE DEPARTMENT AMOUNT
4/3/25
11 City Council 1,731.15
13 City Administrative Office 62,613.50
14 Finance Department 28,302.15
35 Police Department 234,444.40
40 Recreation Department 34,902.73
41 Aquatics Department 6,000.27
42 Senior Citizens' Center 19,789.25
44 Library 17,362.83
51 Planning & Community Development 31,353.19
52 Public Works - Engineering 35,853.09
57 Public Works - Services 58,519.16
Gross Payroll 530,871.72
Required Deductions (150,623.09)
Voluntary Deductions (26,263.95)
Net Payroll 353,984.68
Payroll Batch 412-04-2025, 413-04-2025
DATE OF ISSUE DEPARTMENT AMOUNT
4/17/25
11 City Council 5,843.44
13 City Administrative Office 63,495.70
14 Finance Department 28,488.50
35 Police Department 209,821.36
40 Recreation Department 31,753.14
41 Aquatics Department 9,122.81
42 Senior Citizens' Center 19,830.81
44 Library 15,001.91
51 Planning & Community Development 31,281.94
52 Public Works - Engineering 36,243.87
57 Public Works - Services 60,083.22
Gross Payroll 510,966.70
Required Deductions (145,439.34)
Voluntary Deductions (27,784.01)
Net Payroll 337,743.35
Payroll Batch 424-04-2025
DATE OF ISSUE DEPARTMENT AMOUNT
4/24/25
52 Public Works - Engineering 16,743.93
Gross Payroll 16,743.93
Required Deductions (6,628.33)
Voluntary Deductions -
Net Payroll 10,115.60
CITY OF IRWINDALE
PAYROLL WARRANT REGISTER
April 2025
Checks by Date - Summary by Check Number
User:
Printed:
AP Checks by Date - Summary by Check Number (5/6/2025 1:50 PM) Page 1 104724 ZEPEDA07 Priscilla Zepeda 04/17/2025 300.00
Report Total (42 checks): 64,071.93
104722 WILLDAN Willdan Financial Services 04/17/2025 9,828.00 104723 WOLL02 Susan Margaret Woolley 04/17/2025 9,315.00 104720 ARAM01 Vestis Services, LLC 04/17/2025 158.41
104721 VIDA01 Michael Vidal 04/17/2025 200.00
104718 TEXAS01 Texas Life Insurance Co. 04/17/2025 4,211.49 104719 UNITED11 United Site Services of CA Inc 04/17/2025 589.70 104716 STATEO01 State Of California 04/17/2025 224.00
104717 TACO01 Tacos El Pau 04/17/2025 1,536.50
104714 SMART&FI Smart & Final Att: Credit Department 04/17/2025 25.00 104715 SCE02 Southern California Edison 04/17/2025 815.52 104712 REGIST01 Registrar-Recorder/County Clerk 04/17/2025 6,476.83 104713 Rodrigue Rodolfo Rodriguez 04/17/2025 200.00
104710 LEGAL03 Pre-Paid Legal Services, Inc. 04/17/2025 110.65 104711 RACAN01 Monica Racanoj 04/17/2025 75.00
104708 OLIVAR01 Theresa Olivares 04/17/2025 877.48
104709 PONCE10 Lorraine Ponce 04/17/2025 450.00
104706 NAN01 Nancy K Bohl Inc 04/17/2025 2,083.00
104707 OEI10 Ima Oei 04/17/2025 10.00
104704 HOFFOR01 Christopher Hofford 04/17/2025 324.00
104705 IIMC02 International Institute of 04/17/2025 195.00 104702 FLOR20 Mariluisa Flores 04/17/2025 75.00
104703 GONZAL21 Angel Gonzalez 04/17/2025 75.00
104700 ESPINO05 Ernesto Espino 04/17/2025 250.00
104701 FLAGSH Flag Shop 04/17/2025 2,242.32
104698 CIVIC02 CivicPlus, LLC 04/17/2025 1,500.00
104699 BATE01 Elior Inc. 04/17/2025 4,186.25
104696 CAMPOS03 Manuel Campos 04/17/2025 136.90
104697 CITYOF33 City of Whittier 04/17/2025 1,617.81
104694 BENE02 Benefit Coordinator Corporation (BCC) 04/17/2025 3,444.35 104695 WOOD02 Nathaniel Burrola-Woodard 04/17/2025 47.60 104692 AMAZON1 Amazon Capital Services, Inc. 04/17/2025 3,758.12 104693 MIJACA Balcon Holdings, Inc. 04/17/2025 2,447.00 104690 LOSANG31 Los Angeles County Sheriff's Dept. 04/17/2025 104.78 104691 AH01 AH Illusions Inc. 04/17/2025 550.00
104688 IMEA Irwindale Mgmt Employee Assoc. 04/17/2025 540.00 104689 IRWIND02 Irwindale Police Officers Assoc. 04/17/2025 3,118.00 104686 CITY01 City of Hope 04/17/2025 34.00
104687 ICEA Irwindale City Employee Assoc. 04/17/2025 1,092.00 104684 CALIFO57 California State Disbursement Unit 04/17/2025 143.07 104685 CALIFO58 California State Disbursement Unit 04/17/2025 100.00 Check Date Check Amount
104683 CALIFO56 California State Disbursement Unit 04/17/2025 604.15 Accounts Payable
stapia
5/6/2025 1:50 PM
Check No Vendor No Vendor Name
Checks by Date - Summary by Check Number
User:
Printed:
104771 SECT01 Sectran Security Inc. 04/24/2025 137.53
104772 ULINE01 Uline 04/24/2025 6,004.61
104769 ROSENO RSG Inc. 04/24/2025 3,558.75
104770 SECRET01 Secretary of State 04/24/2025 40.00
104767 RIGHT01 Right of Way, Inc. 04/24/2025 873.42
104768 RODRIG17 Iris Rodriguez 04/24/2025 290.81
104765 PENA001 Albert Penaloza 04/24/2025 90.54
104766 PETTYC05 City of Irwindale-Admin Petty Cash 04/24/2025 485.94 104763 OPTUM01 OptumRx, Inc. 04/24/2025 25,285.11
104764 PHASEII PARS 04/24/2025 1,750.00
104761 PADILLAM Melissa Marez 04/24/2025 239.16
104762 OFFICE03 ODP Business Solutions, LLC 04/24/2025 1,810.85 104759 LOPEZR Robert Lopez 04/24/2025 826.89
104760 MAINTE01 Maintex 04/24/2025 3,683.40
104757 COORYE Samir M. Khoury 04/24/2025 10,805.00
104758 LEDEZMA Erica Ledezma 04/24/2025 1,740.00
104755 HOMEDE Home Depot Credit Services 04/24/2025 3,174.32 104756 IRWIND21 Irwindale Hand Wash & Auto Detail 04/24/2025 429.92 104753 GEN01 General Technologies and Solutions (GTS) LLC04/24/2025 88,400.00 104754 BRIONE01 Marguerite Hernandez 04/24/2025 300.00
104751 FRONT01 Frontier Communications 04/24/2025 325.61 104752 GARVEY Garvey Equipment Co 04/24/2025 1,144.74
104749 FRONT01 Frontier Communications 04/24/2025 43.15 104750 FRONT01 Frontier Communications 04/24/2025 220.95 104747 FEDEX FedEx 04/24/2025 16.94
104748 FRAZ01 Frazier Capitol Valuation, Inc 04/24/2025 4,100.00 104745 ESPINO10 Iris Espino 04/24/2025 100.24
104746 ESPINO10 Iris Espino 04/24/2025 860.07
104743 DURANJ Jeanette Duran 04/24/2025 47.60
104744 ENVIRO05 Environmental Science Associates (ESA) 04/24/2025 47,780.67 104741 PMIDEN Delta Dental Insurance Company 04/24/2025 803.98 104742 DUDEK01 Dudek 04/24/2025 1,740.00
104739 BALDWI02 City of Baldwin Park 04/24/2025 350.00
104740 CONCE01 Concentra 04/24/2025 167.00
104737 CHARTE01 Charter Communications 04/24/2025 2,257.66 104738 CHARTE04 Charter Communicatons 04/24/2025 136.23 104735 BENE01 Benefit Coordinators Corp 04/24/2025 17,417.30 104736 BILLST Bill's Truck Repair, Inc. 04/24/2025 215.00 104733 B&BTIR B & B Tires Service 04/24/2025 30.00
104734 BAKER01 Baker & Taylor Books 04/24/2025 16.96
104731 CINGULAR AT & T Mobility 04/24/2025 2,344.17
104732 AZUSALW Azusa Light & Water 04/24/2025 385.18
104729 AT&T06 AT & T 04/24/2025 89.05
104730 AT&T08 AT & T 04/24/2025 1,201.36
104727 AMAZON01 Amazon Graphics 04/24/2025 1,741.48
104728 ARMS01 James Armstrong 04/24/2025 81.59
Check Date Check Amount
104726 A1PART A-1 Party Rentals 04/24/2025 1,020.30
Accounts Payable
stapia
5/6/2025 1:53 PM
Check No Vendor No Vendor Name
104829 AMBRIZ05 Albert Ambriz 05/01/2025 156.80
104827 ACOSTA06 Albert Acosta 05/01/2025 1,018.12
104828 ALLCI01 All City Management Services, Inc 05/01/2025 543.15 104825 CALIFO57 California State Disbursement Unit 05/01/2025 143.07 104826 LOSANG31 Los Angeles County Sheriff's Dept. 05/01/2025 104.78 104823 YTIRES Y Tire Sales 05/01/2025 3,074.85
104824 CALIFO56 California State Disbursement Unit 05/01/2025 604.15 104821 TRIANG01 Triangle Truck Parts 05/01/2025 40.72
104822 WEATH01 Weatherproofing Technologies, Inc. 05/01/2025 4,214.00 104819 SULLYM Sully-Miller Contracting Co. 05/01/2025 50,702.54 104820 TRAN01 Transtech Engineers, Inc. 05/01/2025 7,475.60 104817 RIGHT01 Right of Way, Inc. 05/01/2025 1,818.26
104818 SOUTH09 Southern Computer Warehouse Inc, 05/01/2025 584.19 104815 PROPRINT Pro Printing, Inc. 05/01/2025 425.57
104816 REGIST01 Registrar-Recorder/County Clerk 05/01/2025 197.08 104813 PERF03 Performance Elevator Contractors, Inc. 05/01/2025 380.00 104814 PLACE01 PlaceWorks, Inc. 05/01/2025 75,847.91
104811 PATTON Patton Sales Corp (Arrow Pipe) 05/01/2025 143.98 104812 PAYN01 Payne Pest Management, Inc. 05/01/2025 144.00 104809 OFFICE03 ODP Business Solutions, LLC 05/01/2025 253.42 104810 ORKINP Orkin Pest Control 05/01/2025 218.00
104807 LSA01 LSA Associates, Inc. 05/01/2025 42,451.97
104808 MIDAS Manuel C Muratalla 05/01/2025 153.95
104805 KAESER Kaeser & Blair 05/01/2025 1,235.20
104806 KIML01 Kimley-Horn and Associates, Inc. 05/01/2025 3,605.00 104803 FRONT01 Frontier Communications 05/01/2025 43.19 104804 INTELL01 Intelli-tech, Inc. 05/01/2025 1,922.49
104801 FRONT01 Frontier Communications 05/01/2025 455.42 104802 FRONT01 Frontier Communications 05/01/2025 232.06 104799 FRONT01 Frontier Communications 05/01/2025 43.19 104800 FRONT01 Frontier Communications 05/01/2025 101.66 104797 FRONT01 Frontier Communications 05/01/2025 232.02 104798 FRONT01 Frontier Communications 05/01/2025 43.19 104795 LOSANG33 County of Los Angeles 05/01/2025 30,900.52 104796 FILLG01 Fill Good Landscaping 05/01/2025 415.00
104793 DEPTOF02 County of LA Dept of Animal Care & Control 05/01/2025 1,895.86 104794 COUNTY04 County of Los Angeles 05/01/2025 8,290.97 104791 CDW01 CDW Government 05/01/2025 1,082.08
104792 CINTAS Cintas Corporation #693 05/01/2025 190.81 104789 NEST01 ReadyRefresh, Blue Triton Brands, Inc. 05/01/2025 1,027.04 104790 CARDEN01 Rudy Cardenas 05/01/2025 150.00
104787 MIJACA Balcon Holdings, Inc. 05/01/2025 83.92
104788 BLANCO01 Mario Blanco 05/01/2025 1,645.00
104785 AT&T06 AT & T 05/01/2025 1,727.89
104786 AZBUS01 A-Z Bus Sales 05/01/2025 68.28
104783 VALLEY01 Valley County Water District 04/29/2025 103,245.29 104784 BARNEY Barney's Locksmith Service 05/01/2025 155.06 104781 ROBERT10 RC Construction Service Inc. Robert Clapper Construction Services 04/28/2025 307,044.75 104782 SPECIA02 Specialized Testing Inc 04/29/2025 1,123.00 104779 MIRAND26 Casey J. Miranda 04/28/2025 233.80
104780 AMERI02 American Business Bank 04/28/2025 16,160.25 104777 WESTCO05 West Coast Arborists, Inc. 04/24/2025 7,387.20 104778 HDSUP01 WHITE CAP, L.P. 04/24/2025 517.78
104775 VISION01 Vision Service Plan - (CA) 04/24/2025 1,892.10 104776 WAGN02 Jeanette Wagner 04/24/2025 575.00
104773 VARGAS03 Jose Vargas 04/24/2025 93.64
104774 verizonw Verizon Wireless 04/24/2025 2,160.86
104885 GEOLOG Geologic Associates 05/08/2025 36,952.25
104886 HDLCOR HdL Coren & Cone 05/08/2025 1,575.00
104883 ERGO01 Ergogenesis Workplace Solutions, LLC 05/08/2025 7,150.15 104884 FIFTH01 Debt Book Fifth Asset, Inc. 05/08/2025 8,000.00 104881 CWE01 CWE 05/08/2025 17,293.13
104882 DUMAR01 Dumarc Corporation 05/08/2025 4,200.00
104879 COUNTY04 County of Los Angeles 05/08/2025 2,513.88 104880 LOSANG33 County of Los Angeles 05/08/2025 21,094.76 104877 BURRO01 Burro Canyon Ent. Inc. 05/08/2025 30.00
104878 CHARTE01 Charter Communications 05/08/2025 498.93 104875 BAKER01 Baker & Taylor Books 05/08/2025 156.06
104876 BILLST Bill's Truck Repair, Inc. 05/08/2025 1,426.72 104873 AMAZON1 Amazon Capital Services, Inc. 05/08/2025 160.01 104874 ATHENS Athens Services 05/08/2025 6,049.43
104871 WALT01 Walters Wholesale Electric Co. 05/01/2025 432.31 104872 WILL01 April Williams 05/01/2025 315.00
104869 SCE02 Southern California Edison 05/01/2025 17,712.32 104870 VALLEY09 Valley View Mutual Water Co. 05/01/2025 700.77 104867 SANCH01 Jaycon Sanchez 05/01/2025 152.24
104868 GASCOM SoCalGas 05/01/2025 6,197.02
104865 ROMANC Carmen M. Roman 05/01/2025 1,087.27
104866 ROMERO05 Natanael Romero 05/01/2025 1,018.12
104863 RODRIG32 Joseph Rodriguez 05/01/2025 1,087.27
104864 RODRIG32 Joseph Rodriguez 05/01/2025 424.60
104861 ORTIZH H. Manuel Ortiz 05/01/2025 731.02
104862 PHASEII PARS 05/01/2025 7,650.00
104859 NOLA01 Nolasco Plumbing Inc. 05/01/2025 1,060.00 104860 OLIVAR01 Theresa Olivares 05/01/2025 217.02
104857 MIRAN10 Julian A. Miranda 05/01/2025 686.87
104858 MORENR1 Ricky Moreno 05/01/2025 771.69
104855 MIRAND26 Casey J. Miranda 05/01/2025 1,087.27
104856 MIRAN10 Julian A. Miranda 05/01/2025 777.12
104853 KELLY03 Justin Kelly 05/01/2025 1,018.12
104854 SAMANKR1 Samantha Krost 05/01/2025 213.88
104851 HUNTIN03 Huntington Library 05/01/2025 552.00
104852 JOHN01 Roger William Johnson 05/01/2025 1,600.00 104849 SOUTHE17 Golden State Water Company 05/01/2025 2,370.34 104850 HART02 Robert Hartman 05/01/2025 300.00
104847 FRAIJO01 Paula Fraijo 05/01/2025 777.12
104848 FRYMARKM Maricela Frymark 05/01/2025 1,087.27
104845 EVANS02 Gloria Evans 05/01/2025 375.00
104846 EWINGI Ewing Irrigation Products, Inc. 05/01/2025 47.45 104843 DURAN06 Michelle Duran 05/01/2025 1,087.27
104844 ESPI11 Victoria M. Espino 05/01/2025 300.00
104841 DEPART02 Department Of Industrial 05/01/2025 225.00 104842 DOMINGO1 Nelida Dominguez 05/01/2025 300.00
104839 CHICOR Richard Chico 05/01/2025 1,018.12
104840 CORNEJOD Diego Cornejo 05/01/2025 193.74
104837 CARILL01 Francisco Carrillo 05/01/2025 300.00
104838 Cat Spec Cat Specialities Inc 05/01/2025 5,099.23 104835 CALIFO02 California American Water 05/01/2025 2,140.32 104836 CAMPOS03 Manuel Campos 05/01/2025 813.00
104833 BURROL08 Larry Burrola 05/01/2025 1,008.87
104834 BURROL08 Larry Burrola 05/01/2025 708.22
104831 AMERIC34 American Fidelity Assurance Co 05/01/2025 6,369.70 104832 AZUSALW Azusa Light & Water 05/01/2025 520.38
104830 AMERIFID American Fidelity Assurance 05/01/2025 10,618.04
Report Total (179 checks): 1,201,937.26
AP Checks by Date - Summary by Check Number (5/6/2025 1:53 PM) Page 4 104903 WESTCO05 West Coast Arborists, Inc. 05/08/2025 14,896.00 104904 YTIRES Y Tire Sales 05/08/2025 849.87
104901 TRAN01 Transtech Engineers, Inc. 05/08/2025 24,033.00 104902 UNITED11 United Site Services of CA Inc 05/08/2025 273.00 104899 LEES01 Chad A. Streelman 05/08/2025 276.25
104900 SUNBEL02 Sunbelt Rentals 05/08/2025 371.40
104897 SCFUELS SC Fuels 05/08/2025 6,234.83
104898 SPRING Springbrook Software, Inc. 05/08/2025 32,599.44 104895 ORKINP Orkin Pest Control 05/08/2025 460.00
104896 ADAMPP Proffesional Police Supply Inc. 05/08/2025 692.47 104893 MORESE More Services 05/08/2025 975.00
104894 OFFICE03 ODP Business Solutions, LLC 05/08/2025 1,075.76 104891 LEWISE Lewis Engraving, Inc. 05/08/2025 11.05
104892 MIDAS Manuel C Muratalla 05/08/2025 4,124.61
104889 LANDSC Landscape Warehouse III Inc. 05/08/2025 146.67 104890 LAWE01 Law Enforcement Medical Services, Inc. 05/08/2025 825.00 104887 ITERIS Iteris, Inc. 05/08/2025 2,227.50
104888 JOEAGO Joe A. Gonsalves & Son 05/08/2025 2,375.00
Item #19.C.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Rejection of Claim - Kurtis Pasco vs. City of Irwindale City Manager's Recommendation:
(1) Reject the claim of Kurtis Pasco vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On May 6, 2025, the City received a claim for damages from claimant Kurtis Pasco. Claimant Pasco alleges that while driving at the intersection of Irwindale Avenue and First Street, his vehicle ran over a pothole, causing damage to the wheel of his car.
The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that the City does not own, control, or maintain the area of the intersection where the incident occurred. It is located within the boundaries of the City of Azusa. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.
Fiscal Impact:
None
Attachments:
1. REJECTION NOTICE TO CITY LETTER CJP-3054048
2. Pasco Kurtis - 2025-04-25_Redacted
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
May 7, 2025
TO: City of Irwindale
ATTENTION: Laura Nieto
RE: Claim : Pasco vs. Irwindale
Claimant : Kurtis Pasco
Member : City of Irwindale
Date Rec’d by Mbr : 5/6/25
Date of Event : 4/25/25
CW File Number : CJP-3054048 JBV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
INSTRUCTIONS
CITY OF IRWINDALE
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
1. Claims for death, injury to person or to personal property must be filed not later than 6 months after the occurrence.
2. Claims for damages to real property must be filed not later than 1 year after occurrence.
RF£EIVED
MAY - 6 2025
cm' OF IRWINDALE
cny 0.EIU DEPf.
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim for must be signed on page 2 at bottom.
6. Attach separate sheets if necessary to give full details. Sign each sheet.
7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
l~~vh\ R~o Home Address of Claimant
Business Address of Claimant
Nit
Clerk's Official
Filing Stamp
Claimant's Date of Birth
Claimant's Occupation
;X~r' ~~(
Home Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:
When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Date: Ot1J. 2.6/ 2 S:, Time: __.2--=: 0 ......... 3 __ _ If claim is for E'quitable Indemnity, give date .1-iv;,,~k_
claimant served with complaint: _____ _
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give s_!!:.eet names, addresses, and measurements from landmar : _ .-- ck.~ d 11 ljf 1 wt ..,. ( ~~ Pt\~(.. (,...,{ y,M C>(.Lv.Y- O•'\ ~ 9-frz!d ,.,~lii()"I or J-rw1 h c.. 0\¥\ - .S.ir • lW>'l."J (lt-)
N ov.+c;- lrht. r"" ' ~ °'- lef'-t ~Yl TI 1.vw-~cl~\t ~ vn,~ yuw- dvilll!V S. d1:. ~I ~r\ i\wo\~h 0J.f hol E'..
Describe in detail how the DAMAGE or INJURY occurred .
.-. _L wet~ OV'\ 11* ~...\- 0\.1.~ \r\.-e. ~ ~~ I>\. t c# <hwh 1o Trwifl.dc.le. th~ d~ ovev C\. l)X-lf-hclit cwJ W\( d1r,wv 61 ~ ~"v- wke \ ~~'> o .. c~1 U.., Why do you claim the City of Irwindale is responsible?
TN,. r-enc,"" J. "m
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed. :ftlt;: .41,. ~ I
~\'( ~ clY~d( '71 ~l. ~ l \-..tc.;, ""' cn\t ..,._ WC!- l.
Claimant's Name:
l~\'~
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation.
Give estimated amount of.future losses due to INJURY or DAMAGE:
I I I
Was damage and/or injury investigated by the police? ~o If yes, what City? Were paramedics or ambulance called? hlQ If yes, name City or ambulance If injured, give name and address of your doctor and the date and time of your first visit:
Doctors and Hospitals:
Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street corners.
If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1 " and location of yourself or your vehicle at the time of the accident by "B-1". Mark the point of impact with an "X". Note:
If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J LJ lndicatQ
North
71\\ II
Signature of Claimant (if other than claimant, indicate relationship) Typed Name Date /Awrr:'J ~cQ 04/30 zs
Note: Clai 1:1 be filed with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72)
{
-- ~.
Tel:(626) 616-0497
14910 E Nelson Ave
Industry, CA 91744
Email: [email protected]
BILL TO:
Kurtis Pasco
DESCRIPTION Quantity
Motegi MR154 Battle 18x9.5 +30 1.00
Mount and balance 1.00
THANK YOU FOR YOUR BUSINESS!
DATE: May 1, 2025
INVOICE # 1099
FOR: Estimate
Price/Unit AMOUNT
$ -
275.00 275.00
25.00 25.00
·I
SUBTOTAL $ 300.00
TAX RATE
SALES TAX 29.25
Shipping 40.00
TOTAL $ 369.25
Item #19.D.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Second Reading of Ordinance No. 760 to Amend Irwindale Municipal Code Chapter 8.16 to Impose Penalties for Fireworks Violations
City Manager's Recommendation:
Direct the City Attorney to read by title only, waive reading of, and adopt Ordinance No. 760 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING CHAPTER
8.16 (“FIREWORKS”) OF TITLE 8 (“HEALTH & SAFETY”) OF THE IRWINDALE MUNICIPAL CODE TO
IMPOSE PENALTIES FOR FIREWORKS VIOLATIONS AND PROVIDE OTHER ADMINISTRATIVE CHANGES FOR THE REGULATION OF FIREWORKS.”
Administrative Action:
Submitted / Prepared by:
Adrian R. Guerra, City Attorney
Reviewed by:
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At its meeting of April 23, 2025, the City Council introduced Ordinance No. 760 for first reading. It would be in order to adopt the ordinance on second reading.
Fiscal Impact:
Once Ordinance No. 760 goes into effect, the City will be authorized to impose administrative citations under IMC chapter 1.16 with fines of $2,000, and may collect between $1,000 to $100,000 in criminal penalties following a misdemeanor conviction.
Attachments:
1. (IRW) Fireworks Ordinance(1029539.6)
01005.0001 1029539.6 4/23/2025 1
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING CHAPTER 8.16 (“FIREWORKS”) OF TITLE 8 (“HEALTH & SAFETY”) OF THE IRWINDALE MUNICIPAL CODE TO
IMPOSE PENALTIES FOR FIREWORKS VIOLATIONS AND PROVIDE
OTHER ADMINISTRATIVE CHANGES FOR THE REGULATION OF
FIREWORKS
WHEREAS, the City of Irwindale (the “City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, pursuant to Cal. Const. Art. XI, section 7; and
WHEREAS, the “State Fireworks Law” is codified in California Health & Safety Code section 12500, et seq.; and
WHEREAS, the State Fireworks Law authorizes local governments to regulate the sale, use, and/or discharge of fireworks; and
WHEREAS, the State Fireworks Law specifies penalties for violation of the prohibition on dangerous fireworks, making it a misdemeanor and establishing fines ranging from $1,000 to $100,000 depending on gross weight of the dangerous fireworks; and
WHEREAS, the City Council of the City recognizes the need to implement reasonable regulations for the sale, use, and/or discharge of safe and sane fireworks in order to protect the safety of property owners, residents, and visitors of the City; and WHEREAS, the City Council desires to amend regulations regarding fireworks to enhance the City’s capacity to take enforcement action against fireworks violations; and WHEREAS, the City Council desires to adopt and implement the State Fireworks Law and increase the penalties for the unlawful possession, sale, use or discharge of dangerous fireworks, as it believes this ordinance is critical to protect the City’s residents, for the preservation of the public peace, health, and safety, and the City Council believes it will help achieve the foregoing objectives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The facts set forth in the recitals in this Ordinance are true and correct and incorporated herein by this reference.
SECTION 2. Adoption of Code. Chapter 8.16 “Fireworks” of Title 8 (“Health and Safety”) of the Irwindale Municipal Code is amended and shall now read in its entirety as follows:
01005.0001 1029539.6 4/23/2025 2
8.16.010 Definitions.
The following words and phrases, as used in this chapter, shall be defined as follows:
A. "Dangerous fireworks" is defined as set forth in Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
B. "Discharge" means the act of lighting, exploding, igniting, setting-off, discharging, projecting, firing or using fireworks.
C. "Fireworks" is defined as set forth in Section 12511 of the Health and Safety Code D. "Fireworks stands" means temporary structures to be used exclusively for the sale of safe and sane fireworks operated by qualified organizations having a permit issued pursuant to this chapter.
E. "Organization" means any nonprofit organization, corporation, or association, organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which has its principal and permanent meeting place, office, or place of worship within the city, and has been organized and established in the city for a minimum period of one year, continuously, preceding the filing of an application for permit under this chapter.
F. "Permit" means a validly issued permit allowing a qualified organization to conduct the sale, to the members of the general public, of safe and sane fireworks.
G. "Safe and sane fireworks" is defined as set forth in Section 12529 of the Health and Safety Code .
8.16.020 Dangerous Fireworks Prohibited.
No person shall sell, offer to sell, use, discharge, or have in their possession, any dangerous fireworks within the City of Irwindale.
8.16.030 Dangerous Fireworks – Administrative Penalties A. The City shall impose a two-thousand dollar ($2,000.00) administrative fine for each violation of section 8.16.020 in accordance with the procedure set forth in Chapter 1.16. The imposition of an administrative fine shall be limited to persons who possess, sell, offer to sell, use or discharge dangerous fireworks in the amount of twenty-five (25) pounds or less (gross weight including packaging).
Where applicable, cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs shall be part of the administrative fine in accordance
01005.0001 1029539.6 4/23/2025 3
with regulations adopted by the State Fire Marshal. Administrative fines collected are not subject to the disbursement required by Health & Safety Code Section 12706.
B. A person is liable for a separate violation for each and every day or portion thereof during which he or she commits, continues, or permits a violation of Section
8.16.020.
C. Nothing in this chapter shall be intended to limit any of the penalties provided for under the Health & Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and in addition to any other remedies at law or equity.
8.16.040 Safe and Sane Fireworks—Permit to Sell— Required.
No person shall sell, or offer to sell, any safe and sane fireworks without first obtaining a permit therefore in the manner set forth in Sections 8.16.040 and 8.16.050.
8.16.050 Safe and Sane Fireworks—Permit to Sell— Applications.
The city clerk, or his/her designee, is hereby authorized to promulgate rules, regulations, procedures, and forms necessary to consider applications for permits to sell Safe and Sane Fireworks. Such applications shall be accepted only from qualified organizations, as defined in Section 8.16.010, and shall be in writing upon the application form(s) prescribed therefor by the office of the city clerk. The application shall be submitted to the office of the City Clerk before the first day of June of each calendar year (or the Thursday preceding when June 1st falls on a Friday, Saturday, Sunday, or holiday).
8.16.060 Safe and Sane Fireworks—Permit to Sell—Application—Deposit.
Each application shall be accompanied by a deposit of a cashier's check, or cash, in the amount of fifty dollars. The deposit may be refunded as set forth in subsection O of Section 8.16.080.
8.16.070 Fireworks Stand—Application—Approval Or Denial—Revocation.
A. All applications for fireworks stands shall be referred to the city council for approval, conditional approval or denial. The city council shall deny any fireworks stand permit if it finds that the public interest or safety is, or would be, jeopardized by the issuance thereof. The decision of the council shall, in all cases, be final and conclusive.
B. The chief of police shall revoke any permit where he finds that the permittee has violated any condition of approval imposed upon such permit, or any provision of law.
01005.0001 1029539.6 4/23/2025 4
8.16.080 Fireworks Stand—Operation.
All permitted firework stands shall be operated in accordance with the following terms and conditions:
A. No person other than the licensed organization shall operate the stand for which the permit is issued; and
B. No person other than individuals who are members of the licensed organization shall participate in the operation of the stand, nor shall any person under the age of eighteen years participate in the operation of such stand; and C. No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at such stand; and
D. No stand shall be located within twenty-five feet of any other building or within one hundred feet of any gasoline service station, or other use which involves the use or storage of any inflammable liquid or material; and
E. Fireworks stands need not comply with the provisions of the building code of the city; provided, that all such stands shall be erected under the supervision of the building inspector who shall require that the same be constructed in a manner which will reasonably insure the safety of the attendants and patrons thereof; and F. No stand shall have a floor area in excess of two hundred fifty square feet; and G. Each stand shall have at least two usable exits; each stand in excess of forty feet in length shall have at least three usable exits. In no case shall the distance between exits exceed twenty feet; and
H. Fireworks stands shall be provided with two fire extinguishers of a type and size approved by the fire chief; and
I. Fireworks stands shall be located not less than five hundred feet apart; and J. All weeds and other combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand; and K. "No smoking" signs shall be prominently displayed on the exterior of each fireworks stand; and
L. Fireworks shall not be sold prior to twelve noon on the twenty-eighth day of June and such sale shall cease at twelve noon on the sixth day of July each calendar year; and
01005.0001 1029539.6 4/23/2025 5
M. All unsold stock and accompanying litter shall be removed from the stand and from the city limits by twelve noon on the sixth day of July of each calendar year; and N. Each fireworks stand shall be removed from its temporary location no later than twelve noon on the twelfth day of July of each calendar year, and all accompanying litter shall be cleared from the said location by the said time and date; O. To insure compliance with subsections M and N of this section, prior to the issuance of any permit, the applicant shall deposit a cashier's check, or cash, with the office of the city clerk in the amount of fifty dollars, as set forth in Section
8.16.060. Upon the certification of the chief of police that compliance has been had with subsections M and N of this section, the deposit shall be returned to the applicant.
8.16.090 Fireworks Stand—Insurance Required.
Prior to the issuance of any fireworks stand permit, the applicant shall file with the office of the city clerk a policy of liability insurance in minimum coverage amounts of fifty thousand dollars (PL) and one hundred thousand dollars (PD), or a certificate of insurance. The policy shall name the city as a co-assured.
8.16.100 Smoking or Lighting Combustible Material Near Stands Prohibited.
No person shall light or cause to be lighted or permit to be lighted any fireworks or other combustible material, nor shall any person smoke or vape within such stand or other places of sale or within twenty-five feet thereof.
8.16.110 Discharge of Safe and Sane Fireworks— Penalties.
A. Discharge of Safe and Sane Fireworks shall only be permitted in the City of Irwindale beginning at noon on the twenty-eighth day of June through noon on the 6th day of July on a property owner’s private property and at least ten feet away from any dwelling or structure. Use or discharge of Safe and Sane fireworks outside of the permitted time period is prohibited within the City of Irwindale.
B. The City shall impose an administrative fine of one-thousand dollars ($1,000.00) for each violation of this section in accordance with the procedure set forth in Chapter 1.16.
C. A person is liable for a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of Section 8.16.110(A).
8.16.120 Liability for Hosting the Illegal Discharge Of Fireworks; Administrative Penalties.
01005.0001 1029539.6 4/23/2025 6
No responsible person, including the property owner, tenant, or other person in control of property shall allow, host, or permit the sale, offer to sell, use, possession, or discharge of fireworks, dangerous fireworks, or safe and sane fireworks, on their property when the responsible person knows or should know that it is prohibited. The administrative fines as set forth in sections 8.16.030 and 8.16.110 shall be applicable and the responsible person shall be liable for a separate violation for each and every day or portion thereof during which he or she commits, continues, or permits a violation.” SECTION 3. 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 4. 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 at a regular meeting of the City Council of the City of Irwindale this 14th day of May, 2025.
Larry G. Burrola, Mayor
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0001 1029539.6 4/23/2025 7
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. ____ was introduced at a regular meeting of the City Council of the City of Irwindale held on the ____ day of _________ 2025, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the ____ day of ______ 2025, by the following 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. ___ 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
Item #19.E.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading - Ordinance 794
City Manager's Recommendation:
That the City Council adopt on second reading by title only with further reading waived Ordinance 794, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF IRWINDALE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM." Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Mary Hull, Human Resources/Risk Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On April 23, 2025, the City Council introduced by title only and waived further reading of an ordinance amending the contract between the City and the Board of Administration for the California Public Employees' Retirement System. The ordinance completes the process to increase the employees' cost share of the employers portion by 1% for classic miscellaneous employees, 0.5% for PEPRA miscellaneous employees, 1% for PEPRA safety employees, and 1.5% for classic safety employees.
Fiscal Impact:
Cost share of the employers' contribution by the employees will reduce the City's pension obligation costs and is estimated to provide an overall savings for Fiscal Year 2025-2026 of $124,394 across all funds, roughly $99,515 of that within the General Fund.
Attachments:
1. Ordinance No. 794
2. CalPERS Contract Amendment
Ordinance No. 794
ORDINANCE NO. 794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF IRWINDALE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
The City Council of the City of Irwindale does ordain as follows:
Section 1. That an amendment to the contract between the City Council of the City of Irwindale and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be posted, in accordance with law, and thenceforth and thereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 14th day of May 2025. ________________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
Ordinance No. 794
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the forgoing Ordinance No. 794, was duly introduced at a regular meeting of the City Council held on the 23rd day of April 2025, and was duly passed at a regular meeting of the City Council of the City of Irwindale held on the 14th day of May 2025, by the following 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. 794 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 Nieto, MMC
Chief Deputy City Clerk
Item #19.F.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Irwindale Business Center Sewer and Streetlight Maintenance Assessment Districts Engineer’s Report and Notice of Intent to Levy
City Manager's Recommendation:
1. Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR
MAINTENANCE, OPERATION, AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION AND
SEWERAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE SEWER MAINTENACNE DISTRICT FOR FISCAL YEAR 2025-2026;
AND GIVING NOTICE OF A DAY AND TIME FOR A VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS.”
2. Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR
MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT (THE IRWINDALE BUSINESS CENTER); DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT FOR THE FISCAL YEAR 2025-2026; AND GIVING NOTICE OF A DAY AND TIME FOR A VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSEMENTS.”
3. Set the Public Hearing for June 11, 2025, to consider setting assessments for the two abovementioned Assessment Districts.
Administrative Action:
Submitted by:
Kambiz Borhani, Finance Director / City Treasurer
Prepared by:
Jeanette Duran, Finance Manager
(626) 430-2268
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On or about June 28, 2001, in the Fiscal Year 2001-2002, the City Council of the City of Irwindale ("City Council") adopted the Sewer Maintenance District (Irwindale Business Center) and established a sewer maintenance charge for the Sewer Maintenance District for the manner of levying such charge and maximum amounts to be charged for the fiscal year pursuant to the Improvement Act of 1911 (Streets & Highways Code § 5000 et seq.) (“Act”);
Furthermore, in Fiscal Year 2001-2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) Resolution Number 2001-42-1762, to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the Street Lighting Maintenance District are appurtenant thereto within and benefiting all assessable parcels of land within the Street Lighting Maintenance District.
In order to maintain the Sewer Assessment District and the Street Lighting Assessment District, both located within the Irwindale Business Center, (each, “Assessment District” and collectively, “Assessment Districts”) and to establish the charge rate for the Fiscal Year 2025–2026 assessments, the City retained a professional engineering consulting firm for the preparation of the Engineer's Report for each Assessment District. The Engineer's Report for the Irwindale Business Center Sanitation and Sewage System is prepared in accordance with the methodology stated in Section 5473 of the Health and Safety Code. The Engineer's Report for the Irwindale Business Center Street Lighting Maintenance District is prepared in accordance with the methodology stated in Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, beginning with section 22565 et seq.
1. The proposed assessments will defray the City's costs in the administration of the Assessment Districts. The property owners will have an opportunity to address the City Council concerning the assessment district during the public hearing scheduled to be held during the virtual City Council Meeting on June 11, 2025. Following the completion of the public hearing, the City Council will vote on the property assessments for the street lighting and sewer maintenance charges for Fiscal Year 2025-2026 and instruct the County Assessor’s office for the collection of
tax bills.
2. Copies of the two draft Engineer’s Reports are included with the Resolution for each Assessment District.
a. The Sewer Maintenance District anticipated assessment levy is $1,561.69 per Benefit Unit for Fiscal Year 2025-2026, which is based on the estimated cost of operations, maintenance, and future lift station replacement for that year. b. The Street Lighting Maintenance District assessment to be levied is based upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from the streetlight maintenance. The Assessment per Benefit Unit is $155.33.
Fiscal Impact:
All costs for the maintenance and administration of the two Assessment Districts are budgeted and accounted for in the City’s Irwindale Business Center Assessment District Funds 44 and 45. There is no impact to General Fund expenditures, and there is nominal revenue reimbursed to the General Fund as administrative overhead for staff time allocated to the two assessment districts.
Attachments:
1. Resolution No. 2025-41-3629 - SMD
2. Exhibit A - SMD FY 2025-26 Engineer's Report
3. Resolution No. 2025-40-3628 - SLMD
4. Exhibit B - SLMD FY 2025-26 Engineer's Report
Resolution No. 2025-41-3629
RESOLUTION NO. 2025-41-3629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR MAINTENANCE,
OPERATION, AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION AND
SEWERAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS WITHIN THE SEWER MAINTENANCE DISTRICT FOR FISCAL YEAR 2025-2026; AND GIVING NOTICE OF A DAY AND TIME FOR A
VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS WHEREAS, on or about June 28, 2001, in the Fiscal Year 2001-2002, the City Council of the City of Irwindale ("City Council") adopted the Sewer Maintenance District (“District”) and established a sewer maintenance charge for the District for the manner of levying such charge and maximum amounts to be charged for the fiscal year pursuant to the Improvement Act of 1911 (Streets & Highways Code § 5000 et seq.) (“Act”); and WHEREAS, pursuant to Government Code sections 53750 et seq. (Proposition 218), in adopting the sewer and maintenance charge for the Fiscal Year 2001-2002, the City complied with the notice, protest, and hearing requirements; and WHEREAS, the City engaged Willdan Financial Services to prepare and file with the City Clerk an Engineer’s Report establishing Fiscal Year 2025-2026 assessments for the District (“Engineer’s Report”); and
WHEREAS, an Engineer's Report entitled “Sewer Maintenance District (Irwindale Business Center), 2025/2026 Engineer’s Annual Levy Report”, made part hereof as Exhibit “A”, has been prepared and filed with the City Clerk and all interested persons are referred to the Engineer's Report for a full and detailed description of the sewer fees and charges (collectively "Sewer Maintenance Charge") and boundaries thereof, the work and the proposed amount and parcels within the boundaries subject to such the Sewer Maintenance District; and
WHEREAS, the Engineer's Report included in this resolution has been presented to the City Council; and
WHEREAS, the Engineer's Report does not provide any increase in the assessment methodology or any formula or range of assessments which will increase the assessments, rather the assessment for Fiscal Year 2025-2026 is proposed to increase based on the methodology approved by the City Council for the Fiscal Year 2001-2002 and as such, under Government Code section 53753.5, the City need not further comply with the notice, protest and hearing requirements of section 53753; and WHEREAS, pursuant to Government Code Section 53753.5, a public agency that has complied with the notice, protest, and hearing requirements of Section 53753 in
Resolution No. 2025-41-3629
establishing an assessment, need not follow those requirements in subsequent fiscal years where the assessment methodology is not changed to increase the assessment or the amount of the assessment proposed does not exceed an assessment formula or range of assessments adopted in accordance with Government Code Section 53750 et. seq. (Proposition 218); and
WHEREAS, the City Council has duly examined, inspected and considered each and every part of the Engineer's Report and is satisfied that the assessments have been spread in accordance with the benefits received from the services as set forth in the Engineer’s Report; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2025-2026 for the District.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby finds that each and every part of the Engineer's Report is sufficient, and the City Council hereby approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the Deputy City Clerk. The report as may be amended at or prior to the public hearing shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this Resolution.
SECTION 3. The public interest and convenience require, and it is the intention of the City Council to levy and collect assessments within the District (“Sewer Maintenance District”), generally described as including, but not limited to, maintenance of the sanitation and sewerage system appurtenant thereto within and benefiting assessable parcels of land within the District.
SECTION 4. The District shall provide for the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, sanitation and sewerage systems and facilities which are appurtenant thereto. Reference is made to the Engineer's Report on file in the office of the Deputy City Clerk for a more detailed description of the work to be done, the amount of the proposed assessments and the method of assessment.
SECTION 5. The City of Irwindale provides sewer services to the properties described in the Engineer's Report and the City will incur expenses for operation and maintenance of the sanitation and sewerage system. The City Council does hereby determine that the public interest, convenience and necessity require that the Sewer Maintenance Charge, as proposed, be imposed upon all real properties located within the
Resolution No. 2025-41-3629
District and be collected by placing the same on the tax bills issued pursuant to rolls for collection. Passage of this Resolution shall constitute the imposition of the Sewer Maintenance Charge for the fiscal year referred to in the Engineer's Report.
SECTION 6. Time and Place of Public Hearing. NOTICE IS HEREBY GIVEN THAT ON THE 11th DAY OF JUNE 2025, AT THE HOUR OF 6:00 PM, OR AS SOON
THEREAFTER AS THE MATTER MAY BE HEARD, IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, AT 5050 N. IRWINDALE AVENUE,
IRWINDALE, CALIFORNIA, ANY AND ALL PERSONS SHALL BE AFFORDED THE
OPPORTUNITY TO HEAR AND BE HEARD, AND THE CITY COUNCIL SHALL
CONSIDER ALL ORAL STATEMENTS AND WRITTEN PROTESTS MADE OR FILED
BY ANY INTERESTED PERSON REGARDING THE WORK PROPOSED TO BE DONE
OR CARRIED OUT, OR WHY SAID ASSESSMENTS SHOULD NOT BE LEVIED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. WRITTEN PROTESTS
MUST BE FILED WITH THE DEPUTY CITY CLERK PRIOR AT THE CONCLUSION OF THE PUBLIC HEARING.
The Chief Deputy City Clerk is hereby directed to give notice of such public hearing by causing this resolution to be published and posted at least ten (10) days prior to the date set for public hearing.
SECTION 7. The Chief Deputy City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, this 14 day of May 2025. _____________________________
Larry G. Burrola, Mayor
ATTEST:
__________________________
Laura Nieto
Chief Deputy City Clerk
Resolution No. 2025-41-3629
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025 was adopted at a regular meeting of the City Council of the City of Irwindale held on May 14, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura Nieto
Chief Deputy City Clerk
City of Irwindale
Sewer Maintenance District
(Irwindale Business Center)
2025/2026 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 14, 2025
Public Hearing: June 11, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
Establishment of Sewer Maintenance District for the:
Irwindale Business Center
City of Irwindale
Los Angeles County, State of California
This Report identifies the parcels within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2025.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___________________________ By:__________________________ Chonney Gano Tyrone Peter
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2025.
By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the _____day of________, 2025.
By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
Table of Contents
I. Introduction ............................................................................................................ 1 II. Description of the Improvements ......................................................................... 1 III. Estimate of Cost..................................................................................................... 2 IV. Method of Apportionment and Rate Calculator................................................... 3 V. District Assessment Diagram ............................................................................... 5 VI. 2025/2026 Assessment Roll .................................................................................. 6
2025/2026 City of Irwindale Page 1
Sewer Maintenance District (Irwindale Business Center)
I. Introduction
To establish a revenue source based on benefit to property for funding the maintenance of public sewer facilities in the 116-acre private development, Irwindale Business Center, the City Council directed the City Engineer to facilitate the formation of the Sewer Maintenance District (Irwindale Business Center) (the “District”) under the Health and Safety Code (“H&SC”), Sections 5470 et. seq., entitled "Sanitation and Sewerage Systems" which provides a method for collecting funds for the maintenance of sewer facilities on the property tax bills. The funding supported the maintenance of a sewer system and a lift station and the future replacement of the lift station (estimated for the year 2026) in the area known as the Irwindale Business Center.
In Fiscal Year 2001/2002, the City Council of the City of Irwindale (the “City”) established the Sewer Maintenance District (Irwindale Business Center). The noticing and balloting requirements and other applicable provisions of Article XIIID of the California State Constitution were followed with respect to the formation of the Sewer Charge. It was determined that the sewer maintenance charge was a property-related charge and should be levied upon each parcel within the boundaries of the Irwindale Business Center. A maximum charge rate of $829.38 per benefit unit (“BU”) was established for Fiscal Year 2001/2002.
The rate imposed each year will be based on the estimated cost of operations, maintenance, and future lift station replacement for that year. For any year in which all other rates imposed under the Sewer Charge are adjusted by the change in the Consumer Price Index (“CPI”), the maximum rate will also be adjusted by the CPI.
Section 5473 of the H&SC requires this Engineer's Report (“Report”) to be prepared and filed with the City Clerk each year for the purpose of establishing the charge rate. The charge rate for Fiscal Year 2025/2026 is presented herein in accordance with the methodology as set forth below.
Following approval of this Report, the City Council will hold a public hearing to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the City Council may adopt a resolution confirming the levy of the charge as proposed or as modified.
II. Description of the Improvements
The City's existing sewer system facilities in the Irwindale Business Center include approximately 7,500 L.F. of 8" to 12" VCP gravity public sewer main and a sewer lift station, (3'-6" X 14", 1400 GPM, 75 HP dry well pumps and a 12,000 gallon wet well) built to capacity for the project.
2025/2026 City of Irwindale Page 2
Sewer Maintenance District (Irwindale Business Center)
III.Estimate of Cost
The cost of operation, maintenance, servicing of the improvements and the replacement of the lift station for Fiscal Year 2025/2026, as described above, are summarized herein and described as below.
SEWER MAINTENANCE COST ESTIMATE FOR FISCAL YEAR 2025/2026 Beginning Fund Balances (07/01/2025)
Lift Station Replacement Fund Balance $338,474
Total Beginning Fund Balances $338,474
Budget Items
Annual Maintenance Cost (Sewer) $14,110
Annual Maintenance Cost (Lift Station) 10,000
City Administration 23,380
District Administration 2,269
Public Notice Publication 620
Legal Fees 170
LA County Assessor’s – Admin Fee 56
Maintenance & Administration Costs $50,605
Replace Lift Station / Bypass System(1) $122,082
Balance to Levy (2) $172,692
Total BU 110.58
Levy per BU FY 2025/2026 $1,561.69
Max Rate per BU FY 2024/2025
(3)
$1,561.6977
Estimated Ending Fund Balances (06/30/2026)
Lift Station Replacement Fund Balance (1) $460,561
Total Ending Fund Balances $460,561
(1) Annual cost for the replacement of the lift station at the end of its useful life estimated to occur in the year 2016. This cost was estimated to be $750,000 in 2000. Due to increased equipment, material, and labor costs in 2007 the Los Angeles County Maintenance Division recommended a 30% increase to this estimate to a cost of replacement of $975,000. In addition, in 2014 the Los Angeles County Maintenance Division recommended construction of a bypass system to allow for continuous operation while routine maintenance continues to be performed on the gravity sewer main. Furthermore, the replacement of the station sewer piping shall use stainless steel pipes instead of ductile iron pipes. This increased the cost from $975,000 to $1,325,000.
The replacement of the gravity sewer main was scheduled to begin in Fiscal Year 2014/2015 and was estimated to be completed in 2-3 years. As such, the total amount to collect became $1,325,000 - $825,000 (Collected through Fiscal Year 2013/2014) = $500,000 over the next 6 years starting Fiscal Year 2014/2015. Annual charge starting Fiscal Year 2014/2015 = $500,000/6 years = $83,333.33 per year. However, the City unexpectedly did emergency repair and replacement in Fiscal Year 2014/2015, as explained below, which depleted the funds. The City will continue to collect toward the Lift Station replacement to the maximum capacity allowed in order to replenish the fund.
(2) The net amount to be assessed upon assessable lands within the District being the total operating, maintaining, and servicing costs. Actual levy to the Los Angeles County will vary due to rounding. (3) The April 2025 CPI has not been released as of the date of this Report. The Max Rate listed is as of Fiscal Year 2024/2025.
2025/2026 City of Irwindale Page 3
Sewer Maintenance District (Irwindale Business Center)
IV. Method of Apportionment and Rate Calculator
The land use for all of the parcels within the boundaries of the Sewer Maintenance District area as the area fully develops will be industrial. It has been determined that the sewer maintenance charge is a property related charge, and that a charge based on parcel acreage is a reasonable method for apportioning the maintenance costs. The special benefit will be expressed as a Benefit Unit (“BU”). For every parcel one benefit unit (1.00 BU) will be assigned per acre.
• Developed and undeveloped parcels will be assessed one (1) benefit unit per acre. • Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements.
The sewer lift station located on parcel 8417-036-900, the storm water detention basin on parcel 8417-027-094 which later became parcel 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the sewer system, and are exempt from the maintenance charge.
Southern California Edison has purchased parcel 8417-036-002 which became 8417- 036-800. This parcel is not exempt from the Sewer Maintenance District and is assessed as parcel 9014-800-001 (State Board of Equalization assigned parcel number or "SBE”).
The Fiscal Year 2025/2026 Sewer Maintenance District rate is calculated as follows:
The Maximum Allowable Assessment rate for Fiscal Year 2024/2025 is $1,503.0798.
Fiscal Year 2025/2026 has not been released as of the date of this Report. The rate is calculated by adjusting the maximum rate established for Fiscal Year 2001/02 of $829.38 per BU by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim, Area for the prior year (CPI April 2023 = 320.089, CPI April 2024 = 332.572, increase of 88.319% cumulatively).
Sewer Maintenance Total Costs: $172,687
Sewer Maintenance District Rate Fiscal Year 2025/2026:
$172,687.03 ÷ 110.58 Total BU = $1,561.69/BU
Maximum Sewer Maintenance District Rate: $1,561.6977/BU
2025/2026 City of Irwindale Page 4
Sewer Maintenance District (Irwindale Business Center)
This maximum rate reflects the April 2023 to April 2024 CPI increase of 3.90% over last year’s maximum rate of $1,561.6977.
2025/2026 City of Irwindale Page 5
Sewer Maintenance District (Irwindale Business Center)
V. District Assessment Diagram
The lines and dimensions of each lot or parcel within the Sewer Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.
2025/2026 City of Irwindale Page 6
Sewer Maintenance District (Irwindale Business Center)
VI. 2025/2026 Assessment Roll
The proposed Fiscal Year 2025/2026 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.
City of Irwindale
Sewer Maintenance District (Irwindale Business Center)
Fiscal Year 2025/2026 Preliminary Assessment Roll
Assessor's Paracel Number Situs Address Taxable Acreage Benefit Unit Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $8,448.74 8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 6,043.74
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 10,135.37
8417-027-091 4889 4TH ST 10.73 1.0 10.73 16,756.93
8417-027-092 4821 4TH ST 3.03 1.0 3.03 4,731.92
8417-027-093 4818 4TH ST 4.77 1.0 4.77 7,449.26
8417-035-006 5091 4TH ST 15.01 1.0 15.01 23,440.97
8417-035-007 4981 4TH ST 8.03 1.0 8.03 12,540.37
8417-035-008 4982 4TH ST 2.02 1.0 2.02 3,154.61
8417-035-009 5012 4TH ST 2.14 1.0 2.14 3,342.02
8417-035-010 5082 4TH ST 5.82 1.0 5.82 9,089.04
8417-035-011 5086 4TH ST 4.66 1.0 4.66 7,277.48
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 6,512.25
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 13,555.47
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 2,795.43
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 3,092.15
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 1,116.61
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 1,842.79
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 716.82
8417-035-034 15612 ARROW HWY 0.50 0.0 0.50 780.85
8417-035-035 15642 ARROW HWY 2.22 0.0 2.22 3,473.20
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 15,495.09 8417-036-800 (1) 4777 IIRWINDALE AVE 6.98 1.0 6.98 10,895.92 Total: 110.58 110.58 $172,687.03
Parcel Count: 23
(1) Assessment for Southern California Edison's parcel was submitted under the company's SBE account 9014-800-001
Resolution No. 2025-40-3628
RESOLUTION NO. 2025-40-3628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2025-2026 FOR MAINTENANCE OF STREET
LIGHTING LOCATED WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT (THE IRWINDALE BUSINESS CENTER); DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT FOR THE FISCAL YEAR 2025-2026; AND GIVING NOTICE OF A DAY AND TIME FOR A
VIRTUAL PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS WHEREAS, on June 28, 2001, the City Council previously adopted Resolution 2001-42-1762 forming the Street Lighting Maintenance District located within the Irwindale Business Center (“District”) pursuant the Landscaping and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the Streets and Highways Code, to levy and collect assessments therein as set forth in an engineer's report adopted by the City Council and prepared for Fiscal Year 2001-2002; and
WHEREAS, the improvements to be maintained within the existing District are generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District; and
WHEREAS, pursuant to Government Code sections 53750 et seq. (Proposition 218), in adopting Engineer’s Report and declare its intent to levy and collect assessments for the District for the Fiscal Year 2001-2002, the City complied with the notice, protest, and hearing requirements; and
WHEREAS, the City engaged Willdan Financial Services to prepare and file with the City Clerk an Engineer’s Report establishing Fiscal Year 2025-2026 assessments for the District (“Engineer’s Report”); and
WHEREAS, in accordance with Section 4 of Article XIII D of the California Constitution and the Act (collectively the "Assessment Law"), the Engineer's Report for Fiscal Year 2025-2026, made part hereof as Exhibit “B”, has been prepared and filed with the Deputy City Clerk and all interested persons are referred to the Engineer's Report for a full and detailed description of the boundaries of the District, the work and the proposed assessments upon the assessable lots and parcels of land within the District; and WHEREAS, the Engineer's Report does not provide any increase in the assessment methodology or any formula or range of assessments which will increase the assessments, rather the assessment for Fiscal Year 2025-2026 is proposed to increase based on the methodology approved by the City Council for the Fiscal Year 2001-2002 and as such, under Government Code section 53753.5, the City need not further comply with the notice, protest and hearing requirements of section 53753; and
Resolution No. 2025-40-3628
WHEREAS, in accordance with the Act, the Engineer's Report included in this resolution has been presented to the City Council; and
WHEREAS, pursuant to Government Code Section 53753.5, a public agency that has complied with the notice, protest, and hearing requirements of Section 53753 in establishing an assessment, need not follow those requirements in subsequent fiscal years where the assessment methodology is not changed to increase the assessment or the amount of the assessment proposed does not exceed an assessment formula or range of assessments adopted in accordance with Government Code Section 53750 et. seq. (Proposition 218); and
WHEREAS, the City Council has duly examined, inspected and considered each and every part of the Engineer's Report and is satisfied that the assessments have been spread in accordance with the benefits received from the services as set forth in the Engineer’s Report; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2025-2026 for the District.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Engineer’s Report. The City Council hereby finds that each and every part of the Engineer's Report is sufficient, and the City Council hereby approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the Deputy City Clerk. The report as may be amended at or prior to the public hearing shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this resolution of Intention.
SECTION 3. Statement of Intention. The public interest and convenience require, and it is the intention of the City Council, to levy and collect assessments within the District, generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District, for the Fiscal Year 2025-2026.
SECTION 4. Description of Work. The District shall provide for the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, street lighting and facilities which are appurtenant thereto. Reference is made to the Engineer's Report on file in the office of the Deputy City Clerk for a more detailed description of the work to be done, the amount of the proposed assessments and the method of assessment.
Resolution No. 2025-40-3628
SECTION 5. Description of Street Lighting and Maintenance District. The contemplated work, in the opinion of the City Council, is of special benefit to, and the City Council hereby makes the expense of said work chargeable upon, all the property within the District, which is more particularly described on a map on file in the office of the Deputy City Clerk, entitled "Irwindale Business Center Street Lighting and Maintenance District." SECTION 6. Time and Place of Public Hearing. NOTICE IS HEREBY GIVEN THAT ON THE 11th DAY OF JUNE, 2025, AT THE HOUR OF 6:00 PM, OR AS SOON
THEREAFTER AS THE MATTER MAY BE HEARD, IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, AT 5050 N. IRWINDALE AVENUE,
IRWINDALE, CALIFORNIA, ANY AND ALL PERSONS SHALL BE AFFORDED THE
OPPORTUNITY TO HEAR AND BE HEARD, AND THE CITY COUNCIL SHALL
CONSIDER ALL ORAL STATEMENTS AND WRITTEN PROTESTS MADE OR FILED
BY ANY INTERESTED PERSON REGARDING THE WORK PROPOSED TO BE DONE
OR CARRIED OUT, OR WHY SAID ASSESSMENTS SHOULD NOT BE LEVIED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. WRITTEN PROTESTS
MUST BE FILED WITH THE DEPUTY CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING.
The Chief Deputy City Clerk is hereby directed to give notice of such public hearing by causing this resolution to be published and posted at least ten (10) days prior to the date set for public hearing.
SECTION 7. Street Lighting and Maintenance. All work proposed shall be done in accordance with the Act.
SECTION 8. Certification. The Chief Deputy City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, this 14 day of May 2025. ___________________________
Larry G. Burrola, Mayor
ATTEST:
__________________________
Laura Nieto
Chief Deputy City Clerk
Resolution No. 2025-40-3628
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-40-3628 was adopted at a regular meeting of the City Council of the City of Irwindale held on May 14, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura Nieto
Chief Deputy City Clerk
City of Irwindale
Street Lighting Maintenance District
(Irwindale Business Center)
2025/2026 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 14, 2025
Public Hearing: June 11, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
Street Lighting Maintenance District
(Irwindale Business Center)
City of Irwindale
Los Angeles County, State of California
This Report describes the Street Lighting Maintenance District including the improvements, budget, parcels, and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2025.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___________________________ By:__________________________ Chonney Gano Tyrone Peter
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2025.
By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the _____day of________, 2025.
By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
Table of Contents
I. Introduction............................................................................................................. 1 II. Facilities Maintained by the District...................................................................... 1 III. Plans and Specifications ....................................................................................... 1 IV. Estimate of Cost ..................................................................................................... 4 V. Method of Apportionment of Assessment ........................................................... 5 VI. Boundary Map......................................................................................................... 9 VII. Assessment Roll................................................................................................... 10
2025/2026 City of Irwindale Page 1
Street Lighting Maintenance District (Irwindale Business Center) I. Introduction
This Engineer’s Report ( “Report”) has been prepared pursuant to and in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the "1972 Act") which is Part 2, Division 15 of the California Streets and Highways Code and Article XIIID of the Constitution of the State of California (“Article XIIID”), in Fiscal Year 2001/2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) (“District”) to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the District are appurtenant thereto within and benefiting all assessable parcels of land within the District.
Noticing and balloting requirements and other applicable provisions of Article XIIID were followed with respect to the formation of the District. The assessment to be levied upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from street light maintenance. A maximum assessment rate of $97.29 per Benefit Unit (“BU”) was established for Fiscal Year 2001/2002. For any year in which all other rates imposed under the District are adjusted by the change in the Consumer Price Index, the maximum rate will also be adjusted by the Consumer Price Index.
II. Facilities Maintained by the District
A) Street Lighting
The public street lighting system within the proposed District boundaries is owned by the Southern California Edison Company and currently consists of 22 lights, as shown below:
No. of Lights Size in Lumens Type of Light
22 16,000 High Pressure Sodium Vapor Lamps
III. Plans and Specifications
A) Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
2025/2026 City of Irwindale Page 2
Street Lighting Maintenance District (Irwindale Business Center) • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5;
• Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
2025/2026 City of Irwindale Page 3
Street Lighting Maintenance District (Irwindale Business Center) The improvements are the operation, maintenance, rehabilitation and servicing of lighting and appurtenant facilities. The facilities and improvements are described as follows:
B) Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to: poles, fixtures, bulbs, conduits, and conductors, equipment including guys, anchors, posts and pedestals, metering devices, and appurtenant facilities as required to provide safety lighting and traffic signals in public rights-of-way and dedicated easements within the boundaries of the District.
The public lighting system will be maintained to provide adequate illumination.
Power for street lights will be furnished by the Southern California Edison Company, or such agency as determined by the City.
C) Operation
Operation includes, but is not limited to, the furnishing of personnel, electrical energy, materials, contracting services, administration, and other items and functions necessary for the satisfactory operation of the public lighting facilities and appurtenant facilities.
D) Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public lighting facilities and appurtenant facilities.
E) Rehabilitation
Rehabilitation means the repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities as required for their intended function.
F) Servicing
Servicing means the maintenance of any of the public lighting facilities or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or appurtenant facilities.
The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.
2025/2026 City of Irwindale Page 4
Street Lighting Maintenance District (Irwindale Business Center) IV. Estimate of Cost
The cost of the operation, maintenance, rehabilitation, and servicing of the improvements for Fiscal Year 2025/2026, as described in Part III, are summarized herein and described below the table.
STREET LIGHTING MAINTENANCE COST ESTIMATE FOR FY 2025/2026
REVENUE
Beginning Fund Balance (7/01/2025) (1) $24,916
Assessments (FY 2025/2026) (2) 17,165
Total Revenue $42,081
EXPENDITURES (3)
Utilities
22 Street Lights (16,000 lumens)
High Pressure Sodium Vapor Lamps $1,250
Energy Charge Per Lamp 3,550
City Administration 9,250
District Administration 2,269
Legal Fees 190
LA County Assessor’s – Admin Fee 56
Public Notice Publication 600
Total Expenditures $17,165
Estimated Fund Balance (6/30/2026) $24,916
Assessment per Benefit Unit $155.33
Maximum Assessment per Benefit Unit $183.1942
Max Rate Per BU FY 2024/2025
(4) $183.1942
Levy per BU FY 2025/2026 $155.33
BU 110.51
Revenues
(1) The amount of any surplus or deficit in the improvement fund to be carried over from a previous Fiscal Year. (2) The net amount to be assessed upon assessable lands within the District being the total operation, maintenance, and servicing costs. Actual levy to the County of Los Angeles will vary slightly due to rounding.
Expenditures
(3) The total costs for improvements to be made for the year, being the total costs of operation, maintenance, and servicing all existing improvements, including all incidental expenses.
Max Rate
(4) The April 2025 CPI has not been released as of the date of this Report. The Max Rate listed is as of Fiscal Year 2024/2025.
2025/2026 City of Irwindale Page 5
Street Lighting Maintenance District (Irwindale Business Center) V. Method of Apportionment of Assessment
A) General
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation, and servicing of street lights.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.
B) Proposition 218 Benefit Analysis
In conjunction with the provisions of the 1972 Act, Article XIIID addresses several key criteria for the levy of assessments, notably:
Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be
2025/2026 City of Irwindale Page 6
Street Lighting Maintenance District (Irwindale Business Center) imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District.
The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.
The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.
2025/2026 City of Irwindale Page 7
Street Lighting Maintenance District (Irwindale Business Center) C) Apportionment by Parcel Size
Acreage has been selected as the principal unit for calculating the special benefit conferred upon the parcels by the street lighting improvements and for apportioning the total assessment. The special benefit will be expressed as Benefit Unit (BU). Every parcel will be assigned one benefit unit (1.0 BU) per acre. • All developed and undeveloped parcels. All parcels will be assessed one (1) benefit unit per acre.
• Exempt. Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements. The storm water detention basin on parcel 8417-027-094, which became 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the lighting system and are exempt from the lighting assessment.
Southern California Edison has purchased parcel 8417-036-002, which became 8417-036-800. This parcel is not exempt from the lighting assessment and is assessed as State Board of Equalization (“SBE”) parcel 9014-800-001.
The sewer lift station located on parcel 8417-036-900 benefits: therefore, it is not exempt and is included in the lighting assessment.
A summary of Benefit Unit (BU) rates is shown in the table below:
Land-Use Category Basic Unit BU Factor BU Rates
Exempt 0 acres X 0.0 = 0.0 BU/Acre
All other 1 acres X 1.0 = 1.0 BU/Acre
D) Special Benefit Determination
Street Lighting: Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and promoting business and industry.
Street lighting provides special and direct benefit to all properties within the District as these lighting benefits are directly related to the positive enhancement of the area and therefore increase property desirability.
2025/2026 City of Irwindale Page 8
Street Lighting Maintenance District (Irwindale Business Center) E) Assessment Rate Calculation
The Maximum Allowable Assessment rate for Fiscal Year 2024/2025 is $183.1942.
Fiscal Year 2025/2026 has not been released as of the date of this Report. This rate is calculated by adjusting the maximum rate established for Fiscal Year 2001/2002 of $97.2900 per Benefit Unit by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim Area.
The maximum rate reflects the April 2023 to April 2024 CPI increase of 3.90% over the maximum rate of $183.1942 for Fiscal Year 2023/2024.
As shown in the budget in section IV, the assessment rate for Fiscal Year 2025/2026 is $155.33 per BU.
Each year, as the City maintains the existing street lighting improvements, the rate per BU will be calculated according to the current year's operations and maintenance budget.
Land Use Parcels Acreage Benefit Units
All Developed and Undeveloped 24 110.51 110.51
Exempt 2 0.00 0.00
Total: 26 110.51 110.51 Page 94 of 204
2025/2026 City of Irwindale Page 9
Street Lighting Maintenance District (Irwindale Business Center) VI. Boundary Map
The lines and dimensions of each lot or parcel within the Street Lighting Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.
2025/2026 City of Irwindale Page 10
Street Lighting Maintenance District (Irwindale Business Center) VII. Assessment Roll
The proposed Fiscal Year 2025/2026 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.
City of Irwindale
Street Lighting and Maintenance District (Irwindale Business Center) Fiscal Year 2025/2026
Preliminary Assessment Roll
Assessor's Parcel
Number Situs Address Taxable Acreage
Benefit Unit
Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $840.34
8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 601.13
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 1,008.09
8417-027-091 4889 4TH ST 10.73 1.0 10.73 1,666.69
8417-027-092 4821 4TH ST 3.03 1.0 3.03 470.65
8417-027-093 4818 4TH ST 4.77 1.0 4.77 740.92
8417-035-006 5091 4TH ST 15.01 1.0 15.01 2,331.50
8417-035-007 4981 4TH ST 8.03 1.0 8.03 1,247.30
8417-035-008 4982 4TH ST 2.02 1.0 2.02 313.77
8417-035-009 5012 4TH ST 2.14 1.0 2.14 332.41
8417-035-010 5082 4TH ST 5.82 1.0 5.82 904.02
8417-035-011 5086 4TH ST 4.66 1.0 4.66 723.84
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 647.73
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 1,348.26
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 278.04
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 307.55
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 111.06
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 183.29
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 71.30
8417-035-034 15612 ARROW HWY 0.50 1.0 0.50 77.67
8417-035-035 15642 ARROW HWY 1.95 1.0 1.95 302.89
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 1,541.18
8417-036-900 NO SITUS AVAILABLE 0.20 1.0 0.20 31.07
8417-036-800(1) 4777 IRWINDALE AVE 6.98 1.0 6.98 1,084.20 Total: 110.51 110.51 $17,164.90
Parcel Count: 24
(1) Assessment for Southern California Edison’s parcel is submitted under the company’s SBE account 9014-800-001 Note: Totals may not foot and total Balance to Levy differs slightly from assessment roll due to rounding.
Item #19.G.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Americans with Disabilities Act (ADA) Assistance Program City Manager's Recommendation:
Adopt Resolution No. 2025-39-3627, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (D), AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) AUTHORIZING TO PROVIDE AN UPDATE ON THE CITY OF IRWINDALE'S ADA ASSISTANCE PROGRAM."
Administrative Action:
Submitted/Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Americans with Disabilities Act (ADA), enacted in July 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, transportation, telecommunications and access to public accommodations. Pursuant to ADA Title II/Section 504, public agencies are prohibited from excluding or denying access to services, programs, and activities to individuals with disabilities and are required to implement reasonable accommodations to meet these standards. Under the ADA Title II/Section 504, public agencies are required to complete a self-evaluation to review the agency’s policies, procedures, programs and facilities in order to identify obstacles or barriers to accessibility that need to be addressed. The selfevaluation then serves as the foundation for an ADA Transition Plan, whereby a plan and approach to eliminating the identified barriers is developed. In completing the self-evaluation and transition plan, the general areas of concern include facilities, services, programs and activities, and physical accessibility within the community.
In 2014, the City of Irwindale was required by ADA Title II/Section 504 and the California Joint Powers Insurance Authority to complete an ADA Self-evaluation and Transition Plan. As a result, staff released a Request for Proposals for Professional Services for the preparation of an ADA Self-evaluation and Transition Plan and awarded the contract to the Owen Group, who finalized the plan in January 2015.
During this time, CJPIA began requiring all of its member agencies to complete this plan. Since CJPIA serves as the risk management and insurance provider for multiple agencies, including the City of Irwindale, and as the ADA creates the possibility of risk exposure to claims and litigation, CJPIA also developed an option to provide member agencies the necessary support to achieve compliance with the ADA through its ADA Assistance Program. This program provides member agencies access to a partnership with a professional consulting firm with extensive experience related to the ADA, and support from CJPIA staff.
In 2017, CJPIA entered into a Memorandum of Understanding (MOU) with Disability Access Consultants (DAC) to provide professional, technical consulting services to CJPIA and its member agencies related to its ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services. DAC was founded in California in 1998 to specialize in providing support to public agencies related to accessibility in accordance with the ADA and other relevant codes. DAC maintains a staff of well-qualified professionals and, since they were established, they have provided support to hundreds of public entities of all sizes. Under this MOU with CJPIA, DAC will make all of these resources and support services available to the City of Irwindale. Additionally, the City of Irwindale is listed under Section 1.6 ("Eligible Recipients of Services") of the MOU and the proposal provided by DAC was based on the hourly rate and MOU entered into between CJPIA and DAC.
Staff is recommending the City of Irwindale enter into a Memorandum of Understanding with CJPIA by waiving the bidding procedures pursuant to Irwindale Municipal Code Section 3.44.080 (D), which states bidding can be waived "when there is to be a contract or professional service such as, but not limited to, the services of attorneys, architects, or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not
subject to competition or other services for which by law another officer or body is specifically charged with obtaining." CJPIA is the City's risk management and insurance provider, the ADA Assistance Program requests technical and professional engineers and architects, including a Certified Access Specialist (CASp Certified) and CJPIA has entered into a MOU with DAC, who has these technical and professional requirements. CJPIA entered into this MOU with DAC for its member agencies in 2017 and extended the MOU through addenda to the MOU in 2018, 2021, 2023, and 2024. The most recent addendum approved in 2024 has an expiration date of June 30, 2026.
Under the proposed scope of work, DAC will complete an update of the City’s ADA Self-Evaluation and ADA Transition Plan in accordance with all appropriate codes and statutes. As a part of the selfevaluation, DAC will survey City facilities (13 facilities), and inspect approximately 50 linear miles of sidewalk. In addition to surveying the physical infrastructure of the City, DAC will also review the City’s policies, procedures, and programs, including the website and publications, events, meetings, and classes, and any other City service or function that might have a barrier to accessibility. Upon completion of the surveys, DAC will complete a comprehensive overview of the City's 2015 ADA Selfevaluation and Transition Plan, and provide corrective measures, including costs and priorities to update the transition plan. As a part of the final deliverables, DAC will provide their digital database software that allows the City to adjust their approach and track their progress toward implementing the plan.
This project will be completed in the following two phases:
• Phase I: Study and Evaluation - Self-evaluation/Facility Survey/Barrier Assessment • Phase II: Implementation Phase - Transition Plan Development.
The scope of work and the costs associated with each task are outlined in the table below.
DESCRIPTION COSTS
City Facilities (13) and Parks Survey $41,000
Public Rights-of-Way - City Streets (50 linear
sidewalk miles)
$30,000
Review of Policies, Procedures, and
Programs, Assistance with Public Input
$ 5,000
TOTAL COST $76,100
It is anticipated that DAC will be able to complete this project in approximately nine (9) months.
Since the City of Irwindale is entering into a MOU with CJPIA, all invoices will be submitted by CJPIA to the City of Irwindale with all payments made to CJPIA.
Fiscal Impact:
The cost of updating the ADA Self-evaluation and Transition Plan is $76,100, which was approved by the City Council at the March 12, 2025, meeting during the Mid-Year review. Therefore, sufficient funding is available in the Public Services Maintenance account number 01-57-570-42300-0000 adopted budget for Fiscal Year 2024-2025.
Attachments:
1. 5-14-2025 ADA Assistance Program - RESOLUTION (2004628.1)
2. 05-14-2025 ADA Assistance Program - Memorandum of Understanding_Irwindale
3. 05-14-2025 ADA Assistance Program - DAC Proposal for City of Irwindale
4. 05-14-2025 ADA Assistance Program - Memorandum of Understanding - CJPIA - DAC 2017
5. 05-14-2025 ADA Assistance Program - Addendum to MOU CJPIA - DAC 2024-2026
01005.0001 2004628.1
RESOLUTION NO. 2025-39-3627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (D), AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) TO PROVIDE AN UPDATE ON THE CITY OF IRWINDALE’S ADA ASSISTANCE PROGRAM WHEREAS, the Americans with Disabilities Act (ADA) was enacted in July 1990 to provide comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, transportation, telecommunications and access to public accommodations; and
WHEREAS, pursuant to ADA Title II/Section 504, public agencies are prohibited from excluding or denying access to services, programs, and activities to individuals with disabilities and are required to implement reasonable accommodations to meet these standards; and
WHEREAS, additionally, public agencies are required to complete a selfevaluation to review their policies, procedures, programs, and facilities in order to identify obstacles or barriers to accessibility that need to be address and create an ADA Transition Plan that identifies how public agencies will eliminate these barriers; and WHEREAS, in January 2015, the City of Irwindale finalized its ADA Self-evaluation and Transition Plan as required by the ADA Title II/Section 504 and California Joint Powers Insurance Agency (CJPIA), its insurance provider; and WHEREAS, in 2017, CJPIA established an ADA Assistance Program as a result of ADA Title II/Section 504 and entered into a Memorandum of Understanding with Disability Access Consultants (DAC) to assist its member agencies with completing and updating their ADA Self-evaluation and Transition plan; and WHEREAS, section 1.6 (“Eligible Recipients of Service”) of the MOU between CJPIA and DAC, states DAC will make all of its ADA resources and support services available to CJPIA member cities including the City of Irwindale. Since 2017, CJPIA and DAC have amended the MOU through addenda in 2018, 2021, 2023, and 2024; and WHEREAS, DAC on behalf of CJPIA will complete an update of the City of Irwindale’s ADA Self-evaluation and Transition Plan in accordance with all appropriate codes and statutes, including surveying 13 City facilities and approximately 50 linear miles of sidewalk, review the City’s policies, procedures, programs, and services; and WHEREAS, staff is recommending the City of Irwindale enter into a MOU with CJPIA by waiving the bidding procedures pursuant to Irwindale Municipal Code Section
3.44.080 (D), which states bidding can be waived “when there is to be a contract or professional service such as, but not limited to, the services of attorneys, architects, or engineers, or where the service contracted for deals with public relations or promotions,
01005.0001 2004628.1
elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining”; and
WHEREAS, the City Council desires to waive formal bidding procedures pursuant to IMC section 3.44.080(D) for the following reasons: California Joint Powers Insurance Authority is the City of Irwindale’s risk management and insurance provider, the ADA Assistance Program requests technical and professional engineers and architects, including a Certified Access Specialist (CASp Certified), and California Joint Powers Insurance Authority entered into a Memorandum of Understanding with Disability Access Consultants, who has these technical and professional requirements; and WHEREAS, the City Council also desires to authorize the City Manager to enter into a Memorandum of Understanding with California Joint Powers Insurance Authority to provide a ADA Assistant Program, which includes updating the City of Irwindale’s ADA Self-evaluation and Transition Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
SECTION 2. The City Council hereby finds that it in the best interest of the City to waive the bidding process as authorized pursuant to Irwindale Municipal Code Section
3.44.080(D), because California Joint Powers Insurance Authority is the City of Irwindale’s insurance provider, the ADA Assistance Program requests technical and professional engineers and architects, including a Certified Access Specialist (CASp Certified), and California Joint Powers Insurance Authority entered into a MOU with DAC, who has these technical and professional requirements.
SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process pursuant to Irwindale Municipal Code Section 3.44.080(D) and authorizes the City Manager to enter into a Memorandum of Understanding with California Joint Powers Insurance Authority in the amount of $76,100 to provide an ADA Assistance Program, which includes updating the City of Irwindale’s ADA Self-evaluation and Transition Plan.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted
01005.0001 2004628.1
this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 5. The Chief Deputy City Clerk shall certify the adoption of this Resolution which shall, in turn, have immediate effect.
PASSED, APPROVED and ADOPTED this 14th day of May 2025. _______________________________
Larry G. Burrola, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-39-3627 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of May 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority (CJPIA) and the City of Irwindale (MEMBER) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services.
Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in accordance with all terms, covenants, standards and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017 of which MEMBER shall be considered a third party beneficiary to that agreement. Copies of the agreement are attached hereto as and incorporated herein by reference as if fully set forth herein.
This MOU also discloses costs related to the aforementioned work, which will be billed directly to CJPIA. CJPIA will then invoice MEMBER, less the amount of CJPIA ADA Assistance Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by CJPIA.
1. Total cost for all work to be performed by DAC, $ 76,100.00 as per attached DAC written proposal
2. Total program funding provided by CJPIA to be $ N/A-previously reimbursed paid directly to DAC on behalf of MEMBER
for the aforementioned work
3. Total amount owed by MEMBER, representing $ 76,100.00 difference between Line 1 and Line 2, which
will be billed by CJPIA
Should additional inspection items be added to the scope of work, DAC will provide an addendum to the proposal. MEMBER acknowledges and agrees to be responsible for any additional costs incurred from the addition of these items to the scope of work (e.g., buildings, facilities, bus stops, sidewalk mileage, etc.). A revised MOU must be executed by the MEMBER and CJPIA, before proceeding with additional work.
_________________________________________ _______________ Julian Miranda, City Manager, City of Irwindale Date
_________________________________________ _______________ Maria Galvan, Senior Risk Manager, California JPIA Date Attachments: DAC Proposal, DAC Professional Services Agreement and addenda
City of Irwindale
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELFEVALUATION AND TRANSITION PLAN March 7, 2024
Updated January 2025
Disability Access Consultants
2862 Olive Highway, Suite D
Oroville, CA 95966
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 1
COVER LETTER
Date: March 7, 2024
Updated January 6, 2025
To: Elizabeth Rodriguez, Public Services Director
Mary Hull, Human Resources/Risk Manager
City of Irwindale
5050 North Irwindale Avenue
Irwindale, CA 91706
Re: Americans with Disabilities (ADA) Self-Evaluation and Transition Plan Proposal Firm Information: Disability Access Consultants, LLC (DAC) Headquarters: 2862 Olive Highway, Suite D
Oroville, CA 95966
[email protected]
Phone: 1-800-743-7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of Irwindale public facilities and public rights-of-way.
Under Title II of the ADA, the City of Irwindale is required to have a current Self-Evaluation and Transition Plan. Title II entities, such as the City of Irwindale may be at significant risk for claims and litigations by not having a current plan. Also, recent audit and enforcement activities by the DOJ, FHWA, CalTrans and HUD have shown that cities and other Title II entities under the ADA, potentially can have their federal pass-through funding delayed or lost, if they do not have an updated and comprehensive ADA Selfevaluation and Transition Plan.
DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Irwindale. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 26 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation.
DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds, 32,000 miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies.
To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats.
Respectfully submitted by Tim Mahoney, General Manager
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 2
FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Since Disability Access Consultants was founded as a woman owned California Corporation in 1998, DAC has provided services for the past 26 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Irwindale.
As our founder, Barbara Thorpe, worked with a public entity for 20 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan.
DAC has a team of more than 25 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152,
dedicated to assisting public entities, such as the City of Irwindale, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and
requirements under Title II of the ADA, California Building Code and related state accessibility standards.
DAC has a reputation to being responsive to the client’s needs, providing on-time project completion within budgets.
DAC has a proven track record for comprehensive
experience in conducting ADA Self Evaluations and
Transition Plans, implementation and related services.
DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City of Irwindale belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods.
Over the 26 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.
DAC provides a full continuum of professional services that include, but are not limited to:
• Facility inspections
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development
• Transition plans
• Public rights-of-way surveys
• Consultation
• Accessibility compliance intake and management software – DACTrak • DACTrak training to conduct your own inspections
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 3 • Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
• ADA Playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
• ADA Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards • PROWAG – Federal Public Rights-of-way Guidelines
• Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients’ current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance.
Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of-way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive web-based software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.
Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as-is site conditions, which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.
DACTrak Accessibility Management Software
The accessibility management software is included at no cost to the City for the first year as the cost is paid by the CJPIA. If the City decides to continue with the use of the web-based management software after the initial year, the cost is $2,000 and includes unlimited seat licenses.
The use of the DACTrak software includes the storage and maintenance of the data. If the City decides not to continue to use the online DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan, the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan.
Categories can be customized, and findings organized as demonstrated in the screen shots of the DACTrak software included in the supplemental materials Appendix.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 4
PROJECT TEAM STAFFING AND RESUMES
Disability Access Consultants (DAC) has a dedicated team of twenty professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City and Town governments and public entities. DAC works with several large JPA’s and insurance pools to assist public entities with ADA compliance.
The DAC team has a proven record to provide on-site services in a collaborative and efficient manner.
DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Irwindale project.
Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City’s Project Manager or designee. Barbara will serve in the leadership role regarding the ADA self-evaluation of programs, services, activities and events along with the review of policies and procedures. The public input process will be coordinated by Barbara in collaboration with the City. Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998. With an additional 26 years of experience with DAC working with school districts, city, town and county governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance.
In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on the City of Irwindale
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
President
Project Manager
Tim Mahoney
General Manager
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 5 Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self-evaluation and transition plan projects that are similar the City of Irwindale’s project.
Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights-of-way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of Irwindale’s ADA Selfevaluation and Transition Plan project.
Candice Pursch, A.S. Building Inspection Technology, California Certified Access Specialist (CASp #1140) ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer Director of Accessibility Services
Candice’s 19 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design. Candice is a California Certified Access Specialist (CASp #1140). Candice has completed the updated DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 6 has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes. Candice provides oversight of accessibility specialists and performs quality control checks.
Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 16 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into the self-evaluation and transition plan.
Jennie also provides training and help desk support for DACTrak users.
Tim Mahoney, B.S.
General Manager
Tim brings twenty-eight years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas. As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations.
Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 16 years and has a total of 25 years in the field of Information Technology, holding a master’s degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant is also a Microsoft Certified Azure Solutions Architect Expert. Srikant oversees DAC’s entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed.
Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.
SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff.
SCOPE OF WORK
Disability Access Consultants (DAC) understands that the City is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public rights-of-way.
The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions where available.
To successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Irwindale without imposing unnecessary interruptions or burdens to staff. During the past 26 years, Barbara Thorpe and her team have developed ongoing working
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 7 relationships with City, Town and County governments and have worked diligently to have clear lines of communication.
DAC has the extensive knowledge and experience with all Federal and State regulations during the past 26 years in business, that includes, but is not limited to the ADA up to and including the current 2010 Americans with Disabilities Act Standards (ADAS), 28 Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations.
Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings
In addition to the above understandings and confirmations, DAC has found through its experience of working with City, Town and County Governments and Joint Power Authorities, such as the California Joint Powers Insurance Authority, of which the City of Irwindale is a member, that certain other items enhance the level of success and implementation of ADA Transition Plans and Self-Evaluations by public entities.
The California JPIA (CJPIA) offers a discounted price to its members that has been negotiated with DAC. The CJPIA is also assisting members, such as the City, with costs for selected services for ADA compliance.
The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information to implement and document the plan may assist the City to more efficiently and effectively achieve the City’s project objectives and will provide longevity to the plan.
As an additional value at no cost, DAC provides at least one photograph of each noncompliant accessible item or element, a record number for reference, estimated costs and other features to assist with the implementation of the Transition Plan. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress.
Custom reports can be easily prepared, printed and saved in a variety of formats.
Disability Access Consultants (DAC) includes the following additions at no additional cost:
• Noncompliant findings and recommendations are included in the DACTrak software • One or more photographs of each noncompliant finding are included • Additional photographs can be viewed of the noncompliant item by one click • DACTrak provides a method to schedule and track the barrier removal • Documentation of progress and compliance using the progress reporting feature of DACTrak • Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding. All the field information is captured in a web-based software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans.
DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include:
• Software to update and manage your Transition Plan
• The ability to document progress and barrier removal
• The ability to print custom reports
• The ability to update the plan “automatically” when codes change without re-inspecting sites
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 8 • The ability to project costs
• The ability to add or delete facilities
DAC’s collection of actual measurements of as-is conditions and GIS information for public rights-of-way is another value-added item. The collection of an as-is condition is an asset to allow the user to make an informed decision based on an actual measurement. For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be reprocess without the need to re-inspect, thus providing longevity of the plan and internal capacity of the City in a cost-effective manner.
SCOPE OF WORK OVERALL PHASES
DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the following scope of work description. Many of the tasks in both phases will be completed concurrently.
Phase I: Study and Evaluation - Self-Evaluation/Facility Survey/Barrier Assessment a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of Irwindale staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Irwindale facilities and identify key City of Irwindale personnel related to the project scope. Initial self-evaluation activities will be completed during this step. b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the maintained public rights-of-way to sidewalks, curb ramps and signalized intersections. d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards (previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our Town, City and County clients. DAC uses a comprehensive approach to inspecting public rights-ofway (PROW). In order to assess all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change, and the plan needs to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 9 i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak web-based accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data can be exported to Excel or PDF formats. The Transition Plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan.
m) DAC will assist the City to solicit input from members of the community and persons with disabilities.
Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web-based tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.
Phase II: Implementation Phase - Transition Plan Development a) DAC will develop, in collaboration with the City, a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, PROW and parks.
b) DAC will develop assist the City in the development of a first draft of the ADA Transition Plan. c) DAC will assist the City to conduct public outreach activities that may include website announcements, postings, surveys, announcements, individual meetings and other activities as requested.
d) DAC will prepare and produce a second draft, if necessary, with a detailed description of the barrier and the proposed method for barrier removal.
e) DAC will train the City in the use of the DACTrak online accessibility management system to prepare reports as well as update and manage the ADA Plan.
f) DAC will provide an executive summary of the project. g) DAC will provide the City with DACTrak, a web-based monitoring, tracking, and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate many different styles of reports to document progress. DACTrak contains one or more integrated photographs that are attached to the finding, eliminating the need to reference another area or report supplement. DACTrak is an actual accessibility management software, not just electronic database of items contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does not provide the City with a tool containing integrated photographs needed to implement the plan, set priorities, make notes and print custom reports. If the City does not want to use the software, the data can be placed in an Excel spreadsheet. • DAC will provide DACTrak to the City to manage all the field data collected, print custom reports, document progress, estimate costs and perform other management functions; • Data collected will be the property of the City should the City decide for any reason not to
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 10 continue to use the DACTrak accessibility intake and management software system; • The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of DACTrak;
• DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings, code references, estimated costs and photographs for each noncompliant accessibility item or element;
• Reference maps for GIS information will be provided in addition to a linked mapping system for each item;
• DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 11
COST PROPOSAL
1. Total estimated cost for the survey of the City’s facilities and parks” $41,100 Facilities and Parks
1) City Hall
2) Pool
3) Aquatics Building
4) Police Department
5) Recreation and Library Building
6) Post Office Building
7) City Yard
8) Senior Citizen Center
9) Senior Center - Annex
10) Local Historic Mission
11)Irwindale Plaza Parking (3)
12) Storage Building
13) Azusa Canyon City Yard
2. Total estimated cost for the inspection of public rights-of-way: $30,000 DAC will survey the estimated 50 linear sidewalk miles of City streets. This will include the sidewalk, curb ramps and signalized intersections within the 50 sidewalk miles at a cost of $600/linear mile. Total cost of the inspection 50 linear sidewalk miles of street including sidewalk, curb ramps and signalized intersections is $30,000.
3. Review of policies, procedures and programs cost: $5,000 Review of policies, procedures and programs and assistance with public input at a cost of $5,000.
Cost Summary
1. Total estimated cost for facility/park inspections: $41,100
2. Total estimated cost for Public Rights-of-Way inspections: $30,000 Total ADA Survey cost to City of Irwindale: $71,100
3. Cost of review of policies, procedures and programs and public input assistance: $5,000 Total policy, procedure review and public assistance to City of Irwindale: $5,000
4. DACTrak Licensing is paid for by the CJPIA in year one. $2,000 a. Less CJPIA DACTrak assistance ($2,000)
b. Year 2 and beyond DACTrak licensing is $2,000/year.
Total DACTrak Cost to City of Irwindale in Year 1 $0.00 Estimated total cost to City of Irwindale for project: $76,100
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 12 SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in months. It is estimated that the project will be completed in nine (9) months, or sooner. The chart below is a summary of major milestones and is not necessarily representative of all the individual project activities.
Scope of Service –Activity or Task
1 2 3 4 5 6 7 8 9
DAC Team meeting with City of Irwindale kick-off meeting; survey methodologies, deliverables and schedule confirmation Project planning, scheduling, procedures review
Field inspection data compiled
Public input and community outreach
Draft Self-Evaluation of services, policies, programs and practices
Final Draft
Deliverables completed and provided to City
Consultant Responsibilities
DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan and provide the City with an anticipated project schedule prior to commencement of work.
DAC will perform all work in conformance with current City policies and procedures and carry out the instructions received from the City, in cooperation with other City approved and involved agencies.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 13 Supplemental Materials
Sample DACTrak Screen Shots and Information
These samples are generated from the DACTrak Accessibility Management web-based software program. The following screen shots are recent examples generated from the DACTrak Accessibility Management online software program prepared for several public entity clients.
Upon logging in
to the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and
manage. This
screen shot is an
example of a
facility list for a
recent public
entity transition
plan project.
After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 14 The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user.
The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 15 This screenshot is an example of a finding page in a Single Finding Photo Report. This type of report shows the user the finding, with accompanying recommendation to correct the non-compliant item, the associated photo, code reference(s), estimated cost to remove the barrier, and any progress that has been added to update the transition plan.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 16 Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus and choice fields.
Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from DACTrak and saved offline for viewing, printing or emailing.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 17 Multi Facility PDF Report Options
In addition to viewing reports for individual facilities, DACTrak offers users the ability to view findings for multiple facilities combined in as single PDF. Users choose which facilities to include from the selection list and are further able to customize the generated report by selecting filtering options.
Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using the drop down menus and selection fields. The exported Excel report is a fully functioning workbook which can be further manipulated to suit the needs of the user.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 18 Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the available filter fields.
If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.
Map Overlay Report
Aerial map reports of non-compliant findings can be viewed using the Map Overlay option in DACTrak.
This report plots the locations of the findings on a user friendly interactive map. Unique icons are used to symbolize the different types of findings.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 19 Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying the finding. The individual finding information may also be printed from this feature.
Summary and Chart Reports
DACTrak also includes options for summary and chart reports to be created for individual or multiple facilities. The example below is a column chart that summarizes the number of noncompliant records by category for a facility.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 20 Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using the Global Progress Editor. Users choose the records to update and the information that they would like to apply to all chosen records. Once information is entered, the user needs only to click the “Submit” button once to update all chosen records.
Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each record with unique information. Once all selections are made, the user clicks “Submit” to apply all updates.
Disability Access Consultants Proposal to the City of Irwindale for ADA Consulting Services 21 Heat Map
DACTrak also provides an option for viewing locations where there is a high or low concentration of noncompliant findings in a heatmap. The following example shows locations of noncompliant exterior findings at a park, using colored icons. Information about the noncompliant findings can be viewed by clicking on each colored icon to launch an interior window with the descriptions of the findings.
The following two examples are heat maps for a park viewed in DACTrak and a signalized intersection exported to Google Earth.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services (“Agreement”) is made this day of March 14, 2017 (“Effective Date”) by and between the California Joint Powers Insurance Authority (“Authority”) and Disability Access Consultants (“Consultant”) (together sometimes referred to the “Parties”).
Section 1. SERVICES. Subject to the tenus and conditions set forth in this Agreement, Consultant shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and incorporated here. Such work shall be provided at the time and place and in the manner specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30. 2018. Consultant shall complete the work described in Exhibit Aprior to that date, unless the term of the Agreement is othenvise terminated or extendedas provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Authority’s right to terminate theAgreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner including the necessary expertise or knowledge of the profession in whichConsultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the project representative.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that Authority, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Authority of such desire of Authority, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt ofauthorization from the Authority’s project representative.
1.6 Eligible Recipients of Services. Authority members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement.
Additional services outside ofthe ADA assistance level services shall be at the agreedupon hourly rate of $98 per consultant. All members ofthe Authority are eligible, including but not limited to:
3/14/17 FINAL DAC/JPIA Page 1
City of Agoura Hills, Agoura Hills/Calabasas Community Center, City of Aliso Viejo, Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of BellGardens, City of Beilfiower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Bueliton, City of Calabasas, City ofCamarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont,Coachella Valley Association of Governments, Coachella Valley ConservationCommission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transportation Authority, City of El Centro, City of Fillmore, City of Fountain Valley, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City ofGrover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Loma Linda, City of Lomita, City of Malibu, Town of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transportation Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pico Rivera, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of RanchoPalos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, Cityof San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside CountySanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Temple City, Ventura Port District, City of Villa Park, City of Walnut, West Cities Police Communication Center, City of Westlake Village.
Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as though set forth in full, based upon work completed, as defined in Exhibit A. In the event of a conflictbetween this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Authorityto Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices toAuthority in the manner specified herein. Except as specifically authorized in advance by Authority, Consultant shall not bill Authority for duplicate services performed by more than one person. 3/14/17 FINAL DAC/JPIA Page 2
2.1 Invoices. Consultant shall submit invoices during the term ofthis Agreement, based on the work completed, and within 30 days. All work billed shall be on a per member basis,with an itemized detail of set-vices performed.
2.2 Payment. Authority shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incutTed.Authority shall have 30 days from the receipt of an invoice that complies with all of therequirements above to pay Consultant.
2.3 Total Payment. Authority shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Authority shall make no payment for any extra, further, or additional service pursuant to this Agreement.
2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.5 Payment upon Termination. In the event that the Authority or Consultant tetminates this Agreement pursuant to Section 8, the Authority shalt compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorilycompleted as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
Section 3. EQUIP1tIENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all supplies and equipment necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant’s indemnification of Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at itsown expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority.
4.1 General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractualliability that has not been amended. Any endorsement restricting standard [SO “insured contract” language will not be accepted.
4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Oftice form CA 00 01 covering bodily injury andproperty damage for atl activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired,non-owned or rented vehicles, in an amount not less than S 1.000,000 combined singlelimit for each accident. 3/14/17 FINAL DAC/JPIA Page 3
4.3 Professional LiabiLity (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$l,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the servicesrequired by this agreement.
4.4 Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
4.5 Proof of Insurance. Consultant shall provide certificates of insurance to Authority as evidence ofthe insurance coverage required herein, along with a waiver ofsubrogationendorsement for workets’ compensation. Insurance certificates and endorsements must beapproved by Authoi-ity’s risk manager prior to commencement of perfonnance. Currentcertification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.6 Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or sub-consultants.
4.7 Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance oi- self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4.8 Authority’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced,Authority has the right hut not the duty to obtain the insurance it deems necessary and any premium paid by Authority tvill be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium fiorn Consultant payments. In the alternative, Authority may cancel this Agreement.
4.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI 3/14/17 FINAL DAC/JPIA Page4
(or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Authority’s risk manager.
4.10 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, its elected orappointed officers, agents, officials, employees and volunteers or shall specifically allowConsultant or others providing insurance evidence in compliance with thesespecifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right ofrecovery against Authority, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.
4.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on theAuthority nor does it waive any rights hereunder.
4.12 Requirements Not Limiting. Requirements ofspecific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to theexclusion of other coverage, or a waiver of any type. Ifthe Consultant maintains higherlimits than the minimums shown above, the Authority requires and shall be entitled tocoverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority.
4.13 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except fornonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each reqtLired coverage.
4.14 Additional Insured Status. General liability policies shall provide or be endorsed to provide that Authority and its officers, officials, employees, agents, volunteers, andmembers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements ifthey include any limiting endorsement of any kind that has not been first submitted to Authority and approved of in writing.
4.16 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to eachinsured against whom claim is made or suit is brought, except with respect to the 3/14/17 FINAL DAC/JPIA Page 5
insurer’s limits of liability. The policy/policies shall not contain any cross-liability exci cLSIOfl5.
4.17 Pass Through Clause. Consultant agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage andendorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided inconformity with the requirements of this section. Consultant agrees that upon request, allagreements with consultants, subcontractors, and others engaged in the project will be submitted to Authority for review.
4.18 Authority’s Right to Revise Specifications. The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required bygiving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority andConsultant may renegotiate Consttltant’s compensation.
4.19 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority.
4.20 Timely Notice of Claims. Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise ottt of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of therequired liability policies.
4.21 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution ofthe work.
Section 5. INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to Authority and hold harmless the Authority and its officials, officers, employees, agents, members, and authorized volunteers from and against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages and expenses of any kind, whether actual or threatened, (including but not limited to attorneys’ fees and costs, court costs, interest defense costs, and expertwitness fees) where the same arise out of are a consequence of or are in any way attributable to, in whole or in part, the performance of this Agreement (or the failure to perform) by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Such indemnification, defense and hold harmless extend to Consultant’s provision, use, transport and storage of hazardous materials, as those commonly aredefined under state and federal laws and regulations.3/14/17 FINAL DAC/JPIA Page 6
The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property or violation of law arises wholly from the negligence or willful misconduct ofthe Authority or its officers, employees, agents, members, or authorized volunteers and (2) the actions of Consultant orits employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.
It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defendas set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurancecertificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term ofthis Agreement, Contractor shall be an independent contractor and shall not be an employee of Authority. Authorityshall have the right to control Contractor only insofar as the results of Contractor’sservices rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Authority shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other Authority, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident ofemployment by Authority, including but not limited to eligibility to enroll in theCalifornia Public Employees Retirement System (PERS) as an employee of Authorityand entitlement to any contribution to be paid by Authority for employer contributionsand/or employee contributions for PERS benefits. It is understood by the parties thatContractor is independent and does not constitute a common law (employer-employee) relationship and said agreement is exempt for the post-retirement employmentrequirements.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws ofthe State of California shall govern this agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder.
7.3 Licenses and Permits. Consultant represents and warrants to Authority that Consultant and its employees. agents. and any subcontractors have all licenses, permits,qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to Authority that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in 3/14/17 FINAL DAC / JPIA Page 7
effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the termof this Agreement valid Business Licenses from Authority.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Authority and Consultant hereby agree that this Agreement may be cancelled upon 30 days’ written notice.
In the event of terniination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Authority, however, may condition payment of such compensation upon Consultant delivering to Authority any or all documents, photographs, computer software, video and attdio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Authority in connection with this Agreement.
8.2 Extension. Both pal-ties agree that extending the Agreement beyond that provided for in Subsection 1 .1 may be in the best interest of all concerned. Any such extension shall require a written amendment to this Agreement, as provided for herein. Authority andConsultant understand and agree that, if both parties agree to such an extension, all termsand conditions of the original Agreement shall remain the same, and extended to the dateprovided for in said amendment.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Authority and Consultant shallsurvive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms ofthis Agreement, Authority’s remedies shall include, but not be limited to, any or all ofthe following:
8.5.1 1 mmcdi ately terminate the Agreement;
8.5.2 Retain the documents, and any other work product prepared by Consultant pursuant to this Agreenient;
8.5.3 Retain a different Consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the 3/14/17 FINAL DAC/JPIA Pages
amount that Authority would have paid Consultant putsuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports. data, maps. models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form thatConsultant prepares or obtains pursuant to this Agreement and that relate to the matterscovered hereunder, shall be the property of the Authority. Consultant hereby agrees to deliver those documents to the Authority upon termination ofthe Agreement.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account. invoices, vouchers, canceled checks, and other records or documentsevidencing or relating to charges for services or expenditures and disbursements charged to the Authority under this Agreement for a minimum of three (3) years, or for any longerperiod required by Law, from the date of final payment to the Consultant to thisAgreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit,and/or copying at any time during regular business hours, upon oral or written reqtiest of, the Authority. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Authority or as part of any audit of the Authority, for a periodofthree (3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
101. Attorneys’ Fees. If either party to this Agreement brings any action, including an action for declaratory relieL to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action sla1l be vested exclusively inOrange County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
3/14/17 FINAL DAC/JPIA Page 9
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other termof this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Barbara Thorpe.
10.7 Authority Contract Administration. This Agreement shall be administered by Norman Lefiuann (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Barbara Thorpe, President/CEO
Disability Access Consultants
2243 feather River Boulevard
Oroville, CA 95965
Any written notice to Authority shall be sent to the project representative, Abraham Han.
10.9 Integration. This Agreement. including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between Authority and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
10.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
AUTHORITY CONSULTANT
Jo hull, Chief Executive Of cer Barbara Thorpe. President/CEO 3/14/17 FINAL DAC/JPIA Page 10
EXHIBIT A
SCOPE Of SERVICES
Consultant will provide the necessary professional services:
Assistance Level 1: Member Assessment and Overall Diagnostic Profile Consultant will perform an assessment to determine the current level of ADA compliance, inaccordance with Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and Title 24 of the California Building Code, and plan a course of actionto enhance compliance. Consultant will review the initiatives of the Member to assesswhether the Member has met any or all of the mandatory compliance requirements of the ADA, Section 504 of the Rehabilitation Act and Title 24 and related accessibility standards and requirements. If, after review, it is determined that the member needs to complete or revise any ofthe required compliance components, Consultant will provide a recommended compliance plan that may include other assistance-level options.
All members participating in the Authority’s ADA Assistance Program shall receive Assistance Level 1 by default.Following is a list of items determined during an assessment:
• An ADA coordinator has been designated, noticed, and posted. • Each site has a current transitionlbarrier removal plan that meets the requirements under Title II ofthe ADA.
• A self-evaluation of programs, services, activities, policies, procedures, and practices has been completed.
• The member has updated its current transition/barrier removal plan, if applicable. • Current ADA transition/barrier removal plans include all sites, such as new sites added since the completion ofthe previous plan.
• Space leased “to” others by the member is identified.• Any current ADA-related concerns or issues are identified, including any pending or actual litigation.
• The member may need questions answered regarding the ADA, Title 24 of the California Building Code (CBC) or related accessibility standards. • Staff development activities have been provided or are requested. • Methods and priorities are recommended to members for achieving ADA compliance.
2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans Consultant will inspect sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. Work will include inspection of member facilities and public rights-of-way, and identification of barriers to accessibility, solutions to remove these barriers, and incorporation of the information into Consultant’s accessibility management software.
3/14/17 FINAL DAC/JPIA Page 11
As part of Assistance Level 2, Consultant will provide training regarding the use ofthe management portion of DACTrak. Assistance Level 2 does not include comprehensivetraining in the use of DACTrak for the member to collect their own data.
3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices Consultant will conduct a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. Programs, services, and activities would be reviewed to determine accessibility by persons with disabilities. 3/14/17 FINAL DAC/JPIA Page 12
EXHIBIT B
RATES AND SCHEDULE OF PAYMENTS
Billing and Reimbursement:
Assistance Level 1: Member Assessment and Overall Diagnostic Profile The rate for this assistance level is a total one-time charge per member of $2,800, which includes all expenses.
2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services provided beyond the $16,500 per-member funding allowance will be billed to Authority for payment.
DACTrak Software License
Members that have DAC perform inspections of all facilities and public rights of way (Assistance Level 2) shall receive a one-year DACTrak software license at no cost to either the member or the Authority.
In all other instances, the Authority shall pay the first year of the DACTrak software licensefee for the member.
Any DACTrak software license fees beyond the first year shall be paid by the member andnot by the Authority.
The DACTrak annual software license fee is $2,000.
3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices The hourly rate is $98 per consultant, plus actual expenses. For amounts for servicesprovided beyond the $5,000 per-member funding allowance will be billed to Authority for payment.
4. Expenses
Reasonable, actual expenses will be charged as authorized by Authority and may include mileage at the IRS rate, hotel, meals, rental car, airfare (no first-class flights) and travel time. 3/14/17 FINAL DAC/JPIA Page 13
ADDENDUM TO AGREEMENT
BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND
DISABILITY ACCESS CONSULTANTS
This Addendum (“ADDENDUM”) is made and entered into this 1st day of July, 2024, by and between the California Joint Powers Insurance Authority (“The AUTHORITY”) and Disability Access Consultants (“CONSULTANT”) (together sometimes referred to as “Parties”).
WITNESSETH:
WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement (hereinafter referred to as “AGREEMENT”) for Americans with Disabilities Act (“ADA”) compliance consulting services related to the AUTHORITY’s ADA Assistance Program, which was approved by the AUTHORITY’s Chief Executive Officer on March 14, 2017; and WHEREAS, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this ADDENDUM, both the AUTHORITY and CONSULTANT desire to revise the AGREEMENT in the manner described herein; and WHEREAS, the AGREEMENT shall be amended as follows:
1. Section 1.1 (“Term of Services”) of AGREEMENT shall reflect the term being extended until June 30, 2026. If all Parties agree that further extending the AGREEMENT beyond June 30, 2026, is in the best interest of all Parties, then another addendum shall be executed at the appropriate time.
2. Section 1.6 (“Eligible Recipients of Services”) of the AGREEMENT shall read as follows:
California JPIA members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement. Additional services outside of the ADA assistance level services shall also be available at the agreed upon hourly rate of $120 per consultant. All members of the California JPIA are eligible, including but not limited to:
City of Agoura Hills, Agoura Hills and Calabasas Community Center, City of Alhambra, City of Aliso Viejo, Town of Apple Valley, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transit Authority, City of El Centro, City of Fillmore, Foothill Transit, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hermosa Beach, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La
Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Lemon Grove, City of Loma Linda, City of Lomita, City of Malibu, City of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transit Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Pacific Grove, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, Rossmoor Community Services District, City of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Clarita, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County Sanitation District, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Stanton, City of Temple City, Ventura Port District, City of Villa Park, City of Vista, City of Walnut, West Cities Police Communication Center, City of West Covina, City of West Hollywood, City of Westlake Village.
IN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be executed this 1st day of July 2024.
“The Authority” “Consultant”
California Joint Powers Insurance Authority Disability Access Consultants, LLC ___________________________________ ________________________________________ Alex Smith, Chief Executive Officer Tim Mahoney, General Manager
Item #19.H.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Neighborhood Coyote Program
City Manager's Recommendation:
Adopt Resolution No. 2025-38-3626, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR PARTICIPATION IN THE SAN GABRIEL
VALLEY NEIGHBORHOOD COYOTE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE MEMORANDUM OF AGREEMENT FOR THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM."
Administrative Action:
Submitted by:
Elizabeth Rodriguez, Public Services Director
Prepared by:
Aundrea Butler, Management Analyst
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The City of Irwindale, along with many of its neighboring cities, has been experiencing an increased number of coyotes in our civic center and residential neighborhoods. In Irwindale, this is in large part due to the increase in development of vacant land and mining pits that were once home to these coyotes.
In response, on September 11, 2019, the City of Irwindale entered into a Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) to run a program called the San Gabriel Valley Coyote Management Implementation Plan. On July 14, 2021, the City Council approved and authorized the City Manager to execute Amendment No. 1 of the Memorandum to revise the name of the Coyote Management Implementation Plan to the Neighborhood Coyote Program (Program), determine the number of cities continuing to participate in this program, and extend the term to November 30, 2023. On October 11, 2023, the City Council adopted Resolution No. 2023-74- 3452, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RATIFYING THE APPROVAL OF AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR PARTICIPATION IN
THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT FOR THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM."
Over the years, this program has provided many services to the community. Specifically, public outreach and education, promoting effective human-coyote conflict mitigation strategies, and supporting a robust wildlife reporting and response mechanism on behalf of participating agencies.
This has been completed through presentations at city council meetings; coyote management workshops and conflict training; youth outreach and education programs; mailers and social media outreach; a website and coyote incident reporting system; and a coyote reporting hotline. Since Irwindale has partnered with the San Gabriel Valley Neighborhood Coyote Program, the SGVCOG has recorded 12 reports, with a total of 20 coyote sightings from August 2023 through March 2025.
SGVCOG has created 15 social media posts and developed 6 new materials to be distributed to our community. They have attended 5 of our community events, including Music in the Park and MariachiFest.
With Amendment No. 2 to the MOA set to expire on June 30, 2025, staff is recommending continued participation in the Neighborhood Coyote Program and partnership with the SGVCOG and other cities, including Alhambra, Arcadia, Azusa, Covina, Glendora, Montebello, Rosemead, and San Marino by entering into a new Memorandum of Agreement with the SGVCOG with a term set for July 1, 2025, through June 30, 2028.
Fiscal Impact:
The funding for this contract will be included in the Public Service Maintenance (Acct. # 01-57-570- 42353-0000) FY 2025-2026 Proposed Budget, scheduled to be adopted on June 25, 2025.
Attachments:
1. 5-14-25 Neighborhood Coyote Program- RESOLUTION (2004500.1)
2. 5-14-2025 Neighborhood Coyote Program - MEMORANDUM OF AGREEMENT
01005.0001 2004500.1
RESOLUTION NO. 2025-38-3626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE
FOR PARTICIPATION IN THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE
PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF AGREEMENT FOR THE SAN GABRIEL VALLEY
NEIGHBORHOOD COYOTE PROGRAM
WHEREAS, the City of Irwindale, along with many of its neighboring cities, have been experiencing an increased number of coyotes in its civic areas and residential neighborhoods as a result of an increase in development of vacant land and mining pits that once were the home to these coyotes; and
WHEREAS, on September 11, 2019, the City Council approved and authorized the City Manager to enter into a Memorandum of Agreement with the San Gabriel Valley Council of Governments to provide Coyote Management Services, which included providing guidance to the City on how to live with coyotes, provided education on behavior modification, and implement a human/coyote reporting and responding system; and WHEREAS, on July 14, 2021, the City Council approved and authorized the City Manager to enter into Amendment No. 1 to Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale for Participation in the San Gabriel Valley Neighborhood Coyote Program (Program) as a result of a name change from Coyote Management Implementation Plan to Neighborhood Coyote Program, determine the number of cities continuing to participate in this program, and extend the term to November 30, 2023; and
WHEREAS, on October 11, 2023, the City Council adopted Resolution No. 2023- 74-3452, approving Amendment No. 2 to the Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale extending the term to June 30, 2025; and
WHEREAS, over the past six years, this program has provided a wealth of public outreach and education, promoted effective human-coyote conflict mitigation strategies, and supported a robust wildlife reporting and response mechanism; and WHEREAS, during the past two of the six years, the San Gabriel Valley Council of Governments has completed presentations to City Council on coyote safety, provided one (1) coyote management workshop and training to the community, completed 12 reports, logged 20 coyote sightings, created 15 social media posts and developed 6 new materials that were distributed to the community through mailers and at community events such as Music in the Park, Mariachi Fest, etc.; and
WHEREAS, the City Council desires to approve and authorize the City Manager to enter into a new Memorandum Of Agreement with the SGVCOG, which includes the
01005.0001 2004500.1
continuation of the City’s participation in this Program, for a total yearly cost of $11,000, with an adjusted annual CPI increase and term extension to June 30, 2028.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby adopts the Recitals above as true and correct and incorporates them herein by reference.
SECTION 2. The City Council hereby approves the Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Irwindale, attached hereto as Exhibit A, which includes the City of Irwindale’s continued participation in the Neighborhood Coyote Program, a payment of $11,000 with an adjusted annual CPI increase, and a term expiring June 30, 2028, and authorizes the City Manager to execute the same.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 4. The Chief Deputy City Clerk shall certify the adoption of this Resolution which shall, in turn, have immediate effect.
PASSED, APPROVED and ADOPTED this 14th day of May 2025. _______________________________
Larry G. Burrola, Mayor
ATTEST:
___________________________________
01005.0001 2004500.1
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-38-3626 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of May 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS AND THE CITY OF IRWINDALE
FOR PARTICIPATION OF THE SAN GABRIEL VALLEY NEIGHBORHOOD
COYOTE PROGRAM
This Memorandum of Agreement (“MOA” or “Agreement”) is made as of July 1, 2025 by and between the City of Irwindale, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:
A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies.
B. City seeks to participate in the San Gabriel Valley Neighborhood Coyote Program (“Program”) that was developed by the SGVCOG Coyote Management Task Force.
C. Under the Program, SGVCOG provides informational coyote public outreach and education efforts, promotes effective human-coyote conflict mitigation strategies, and supports a robust wildlife reporting and response mechanism on behalf of City.
D. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The term of this MOA between the Parties shall commence on July 1, 2025 and shall continue through June 30, 2028. The term of this MOA may be extended by mutual written agreement of the Parties.
II. RESPONSIBILITIES OF THE PARTIES:
A. SGVCOG Responsibilities.
SGVCOG will:
1. Coordinate and implement at least two community events and/or educational/trainings per year, planned with input from the City. SGVCOG will diligently market the community meetings and educational trainings prior to the event dates; however, attendance levels are not guaranteed.
2. Conduct youth outreach and education programs for the city’s KidZone Program.
3. Coordinate to send mailers to neighborhoods with high numbers of humancoyote encounters and incidents.
4. Manage a website or webpage that contains important and helpful information for residents and businesses regarding coyotes and other types of wildlife as needed.
5. Maintain an online and phone regional coyote incident reporting system for residents of City. The SGVCOG will report monthly on the number of reports received from each City.
6. Coordinate with the California Department of Fish and Wildlife, the County of Los Angeles, and other relevant external stakeholders on regional coyote management efforts.
7. Provide physical and electronic files of coyote marketing and outreach materials.
8. Manage all invoicing and billing.
9. The SGVCOG shall invoice the City eleven thousand dollars ($11,000) by July 1, 2025 for the City’s share of the cost of the San Gabriel Valley Neighborhood Coyote Program for the fiscal year.
10. The annual amount the SGVCOG invoices shall be adjusted annually beginning on July 1, 2026, based on the Los Angeles area Consumer Price Index (CPI) percentage for all items for 12 months ending in January reported by the U.S. Bureau of Labor Statistics or 3%, whichever is less.
B. City Responsibilities.
City will:
1. Maintain membership in the SGVCOG during the entire term of this MOA. In the event that the City is no longer a member of the SGVCOG, this MOA will terminate by its own terms on the date on which the City is no longer a member. Should membership cease before the end of the fiscal year, the City shall not be entitled to reimbursement of its Program cost for that fiscal year.
2. Participate in an annual evaluation meeting with the SGVCOG and as needed coordination calls and meetings with all municipalities that have entered into a memorandum of agreement with the SGVCOG for the Program for the July 1, 2025, through June 30, 2028, term.
3. Provide a point-of-contact for the purposes of this Agreement with the name, title, and contact information of the individual. If the point-of-contact is reassigned or no longer a City employee, a new point-of-contact must be designated within five (5) business days.
4. Assist with the coordination of coyote town halls, community meetings, coyote management workshops, conflict trainings, mailers, social media outreach, and youth outreach and education programs.
5. Provide a municipal meeting space or venue for events and activities within the City related to this MOA and other events within the City that are related to the Program.
6. Pay all invoices submitted by SGVCOG within forty-five (45) days of receipt by City. Invoices not paid within 45 calendar days shall accrue interest at the
rate of 5% per annum.
III. PROJECT MANAGEMENT:
A. Project Managers.
1. For the purposes of this MOA, the SGVCOG designates the following individuals as its Project Managers: Nicholas Ryu, Program Manager, and Natalie Arreaga, Management Aide.
2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Elizabeth Rodriguez, Public Services Director, and Aundrea Butler, Management Analyst.
Either Party may change the designations set forth herein upon written notice to the other Party.
IV. DEFAULT; REMEDIES:
A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily.
B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.
V. TERMINATION:
A. This MOA may be terminated by either Party at any time, with or without cause, by providing written notice of termination to the other Party. Such termination will be effective thirty (30) days after such notice is received.
B. If City terminates this MOA prior to the completion of the MOA term and SGVCOG has not committed a Default, SGVCOG will maintain the full annual amount that has already been invoiced for the current fiscal year.
VI. INDEMNIFICATION:
A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its
elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this Agreement.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement.
VII. INSURANCE:
A. Each Party shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with performance of its obligations hereunder.
VIII. AMENDMENTS
A. For any change which materially affects the Scope of Work, or in any way modifies any term or condition included under this MOA, a written amendment to the MOA shall be prepared and executed by the City and the SGVCOG for such change to be effective.
IX. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:
To SGVCOG: Natalie Arreaga
Management Aide
1333 S. Mayflower Ave, Suite 360
Monrovia, CA 91016
[email protected]
with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
Nicholas Ryu
Program Manager
1333 S. Mayflower Ave, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
To City: Julian Miranda
City Manager
5050 N. Irwindale Ave.
Irwindale, CA 91706
(626) 430-2217
[email protected]
with a copy to: Laura M. Nieto
Chief Deputy City Manager
5050 N. Irwindale Ave.
Irwindale, CA 91706
(626) 430- 2202
[email protected]
B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the Parties in interest at the time of such modification.
D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
E. Attorneys’ Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each Party shall bear its own costs and expenses, including attorneys’ fees.
F. Excusable Delays. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any
such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.
G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
H. Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
I. Assignment. Neither Party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.
J. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
K. Authority to Execute. The person executing this Agreement on behalf of a Party warrant that they are duly authorized to execute this Agreement on behalf of said Party, and that by doing so the said Party is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written.
FOR THE CITY OF IRWINDALE
By:___________________________
Julian Miranda
City Manager
Date:__________________________
ATTEST:
______________________________
Laura Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Adrian R. Guerra
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
General Counsel
Item #19.I.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of the Aquatic Center Swimming Pool Renovation Project; P-1062 City Manager's Recommendation:
That the City Council (1) ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the construction improvements of the Irwindale Aquatic Center - Main Swimming Pool Renovation Project (2) approve the final construction project amount of $943,921.56 under the construction contract with Blue Star Pools, Inc.; (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the construction project.
Administrative Action:
Submitted / Prepared by:
Eddie Chan, Director of Engineering/ Building Official
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On July 24, 2024, the City Council awarded the construction contract for the Aquatic Center Swimming Pool Renovation Project to Blue Star Pools, Inc. in the amount of $611,886.69, plus a 10% contingency in the amount of $61,188.67, bringing the initial total to $673,075.36. The original scope of work for the project included (1) removal and replacement of the existing main pool plaster and tiles; (2) 6ft main pool deck replacement; (3) main pool ADA-compliant accessibility modification; (4) main pool safety marker replacement; (5) main pool gutter and surge tank waterproofing; (6) removal and replacement of the existing underwater light fixtures with LED upgrade; (7) springboard replacement/refinishing; and (8) installation of a new ADA compliant pool lift.
On December 11, 2024, the City Council approved a construction change order for the project in the amount of $290,856.92 to extend the removal and reconstruction of the concrete deck to the perimeter fence on three sides and to the existing Office Building on the south side. This change order was approved with a revised 10% contingency in the amount of $90,274.36. The approved amount increased the contract to $993,017.97 ($611,886.69 + $290,856.92 + $90,274.36).
During the course of work, additional change orders were added to the project from city staff and the Parks & Recreation Commission. These change orders included new electrical conduit installation underneath the concrete deck in anticipation of future expansion, two (2) new 1-meter diving stands with new railings, and the replacement of four (4) swimming pool filter tank caps. These additional change orders came to the amount of $41,197.95. The final construction contract amount came to a total of $943,921.56, which is $49,096.41 less than the authorized amount of $993,017.97 for the construction contract with Blue Star Pools, Inc.
The Aquatic Center Swimming Pool Renovation Project has been completed in accordance with the approved plans and specifications. The total project cost is $955,695.31, which is $212,218.69 less than the budgeted amount of $1,167,914.
Below is the breakdown of the total project cost:
Construction Contract $ 943,921.56
Inspection Services $ 7,475.60
Bidding Advertisement $ 4,298.15
Total Project Cost $ 955,695.31
The Project is now complete, and staff recommend that City Council ratify the changes to the original scope of work, accept the completed improvements, and assume ongoing maintenance responsibility for the Aquatic Center Swimming Pool Renovation Project. Acceptance of the improvements by the City Council will render the project complete. Staff further recommend that the City Council authorize the City Clerk to record the Notice of Completion and authorize the Finance Director to release the 5% retention amount to Blue Star Pools, Inc. for the construction project.
Fiscal Impact:
Funding for this project has been budgeted in the FY 2024-2025 budget for the Swimming Pool Facility
& Lift Remodel Project (Account No. 48-80-800-45200-8229). The total project cost is $955,695.31, which is $212,218.69 less than the budgeted amount of $1,167,914. The 5% retention amount for Blue Star Pools, Inc. is $47,197.07. Sufficient funding is available to pay for this amount.
Attachments:
1. NOC - Aquatic Center Swimming Pool Renovation Project (P-1062) (2004632.1)
01005.0006 2004632.1
RECORDING REQUESTED BY: /
CITY OF IRWINDALE /
/
WHEN RECORDED MAIL TO: /
City of Irwindale /
Department of Public Works /
5050 N. Irwindale Avenue /
Irwindale, CA 91706 /
/
/
/
/
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: Fee Simple
2. The full name of the owner is: CITY OF IRWINDALE.
3. The full address of the owner is: 5050 IRWINDALE AVENUE, IRWINDALE, CALIFORNIA, 91706.
4. On the 14TH day of May 2025, there was completed upon the hereinafter described real property the following work: IRWINDALE AQUATIC CENTER SWIMMING POOL RENOVATION PROJECT (P-1062) including (1) removal and replacement of the existing main pool plaster and tiles; (2) 6ft main pool deck replacement; (3) main pool ADA-compliant accessibility modification; (4) main pool safety marker replacement; (5) main pool gutter and surge tank waterproofing; (6) removal and replacement of the existing underwater light fixtures with LED upgrade; (7) springboard replacement/refinishing; and (8) installation of a new ADA compliant pool lift; (8) new electrical conduit installation underneath the concrete deck in anticipation of future expansion; (9) two (2) new 1-meter diving stands with new railings; and (10) the replacement of four (4) swimming pool filter tank caps.
5. The name of the original contractor for the work described above was: BLUE STAR POOLS, INC.
The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: IRWINDALE AQUATIC CENTER - 5050 IRWINDALE AVENUE, IRWINDALE, CALIFORNIA, 91706
DATED: _____ __ , 2025
______________________________________
Eddie Chan, Director of Engineering/Building Official
City of Irwindale
ATTEST:
01005.0006 2004632.1
Deputy City Clerk
State of California
County of __ ____
Subscribed and sworn to (or affirmed) before me on this __ day of ____ __ , 20 , by ______________ ________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature ____ __
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item #19.J.
Date: May 14, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for the Irwindale Recreation Center HVAC Replacement Project; P-1071 City Manager's Recommendation:
That the City Council (1) authorize the City Manager to enter into an agreement with AC Pros, Inc in the amount of $196,180 for the Irwindale Recreation Center HVAC Replacement Project; and (2) approve a 10% construction contingency in the amount of $19,618 to cover any unforeseeable conditions that may arise during construction.
Administrative Action:
Submitted / Prepared by:
Eddie Chan, Director of Engineering/Building Official
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Irwindale Recreation Center HVAC Replacement Project (“Project”) is identified in the City’s Capital Improvement Program (CIP). Originally constructed in the 1960s, the Recreation Center has undergone several renovations over the decades. The rooftop Heating, Ventilating, and Air Conditioning (HVAC) units have been replaced multiple times, with the oldest existing unit dating back to 1994.
This Project will involve the removal and replacement of five (5) rooftop HVAC units that have reached the end of their service life. The new units will be Carrier-manufactured models, each with a minimum Seasonal Energy Efficiency Ratio (SEER) rating of 13, as required by the specifications. Each unit will also be equipped with a carbon monoxide (CO) sensor and an economizer to enhance energy efficiency and safety.
Additionally, the contractor will resize and modify the existing outdoor metal ductwork to accommodate the new units. All sheet metal caps will also be replaced with new ones as part of the scope of work.
On April 07 and 14, 2025, a Notice Inviting Bids for the project was advertised in the San Gabriel Valley Tribune. The final submission date for bids on PlanetBids was April 24, 2025, at 10:00 am. The City received (2) bids with the following results:
Contractor Bid Amount
1 AC Pros, Inc. $ 196,180
2 Southland Industries $ 201,323
Staff reviewed the bid proposals and found AC Pros, Inc. to be the lowest responsive bidder with a valid California contractor's license, Department of Industrial Relations (DIR) registration, not barred from bidding on public works contracts, and having good references.
Staff recommends the contract be awarded to AC Pros, Inc. in the amount of $196,180 for the Irwindale Recreation Center HVAC Replacement Project.
The attached contract agreement has been reviewed and approved as to form by the City Attorney’s office.
Fiscal Impact:
Funding for this project is included in the FY 2024-2025 Adopted Budget under Capital Improvement Program Project No. 8228 in the amount of $450,000 (Account No. 48-80-800-45200-8228). The total cost of this project is $215,798 ($196,180 + $19,618 (10% Construction Contingency)).
Attachments:
1. 05-14-2025 Award of Contract for the Irwindale Recreation Center HVAC Replacement Project; P-1071 - AGREEMENT (AC Pros) (2004640
Project Name/No.: Irwindale Recreation Center HVAC Replacement Project; P-1071
Approved: ______________
01005.0006 2004640.1 1
PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT
BETWEEN THE CITY OF IRWINDALE AND
AC PROS INC.
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 14th day of May, 2025, by and between the City of Irwindale, a California charter city (“City”) and AC Pros, Inc., 7046 Darby Ave, Reseda, CA 91335 (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”
RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Pursuant to the City of Irwindale Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference.
The Scope of Services shall include Contractor’s Proposal or Bid Documents submitted for the project entitled Irwindale Recreation Center HVAC Replacement Project; P-1071 (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Proposal” or “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions,
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Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.2 Incorporation of Green Book.
The provisions of the 2024 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified
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in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a
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periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by
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contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.7 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.8 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.
1.9 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.