Agenda packet — Irwindale City Council, July 23, 2025 (part 1 of 2)

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

NOTICE AND AGENDA FOR REGULAR MEETING OF THE

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY
July 23, 2025
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

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July 23, 2025

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

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

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

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

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

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

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July 23, 2025

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

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

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

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

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

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

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

Irwindale City Council

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July 23, 2025

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REGULAR MEETING

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

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

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

6. CHANGES TO THE AGENDA

7. COUNCIL MEMBER TRAVEL REPORTS

8. COUNCILMEMBER COMMENTS

9. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

10. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Chamber of Commerce Quarterly Update
B. Irwindale Chamber of Commerce Businesses of the Month - Lee & Associates (May 2025) and City Brewery Irwindale (June 2025)

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

B. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2025 Department: Finance
Recommendation: That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2025.

C. Adopt a Code of Conduct for the Public Services Department Department: Public Services

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July 23, 2025

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Recommendation: Adopt Resolution No. 2025-69-3657, entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE ADOPTING A CODE OF CONDUCT FOR THE PUBLIC SERVICES DEPARTMENT."
D. LSA Contract Amendment
Department: Community Development
Recommendation: That the City Council approve the attached contract Amendment No. 4 to the Agreement for Contract Services with LSA Associates, Inc. for the preparation and completion of the Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 500 Speedway Drive, Irwindale, CA 91706.

E. Zone Ordinance Amendment No. 02-2025, Ordinance No. 800 to Establish an Ordinance Regulating Battery Energy Storage Systems (BESS)
Department: Community Development
Recommendation: That the City Council adopt on second reading by title only with further reading waived Ordinance No. 800, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING TABLE 17.06.020-1 (“LAND USE REGULATIONS – INDUSTRIAL & OFFICE ZONES”) WITHIN SECTION 17.060.020 (“LAND USE REGULATIONS”) OF CHAPTER 17.06 (“INDUSTRIAL AND OFFICE ZONE DISTRICTS”) AND ADOPTING CHAPTER 17.40 “BATTERY ENERGY STORAGE SYSTEMS (BESS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE REGULATING BATTERY ENERGY STORAGE SYSTEMS IN M-2 ZONES AND FINDING THE ORDINANCE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
F. Fee Waiver for Irwindale Chamber of Commerce's E-Waste Event Department: Community Development
Recommendation: Adopt Resolution No. 2025-70-3658 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING A FEE WAIVER FOR THE SPECIAL EVENT PERMIT APPLICATION FEE FOR THE E-WASTE RECYCLING EVENT ON JULY 26-27, 2025".

G. Professional contract for PlaceWorks, Inc. – CEQA services for property located at 5555 Irwindale Avenue
Department: Community Development
Recommendation: That the City Council approve the attached contract with PlaceWorks, Inc., for the preparation of an environmental assessment for property located at 5555 Irwindale Avenue, Irwindale, CA 91706.

H. Professional contract for DeNovo Planning Group – CEQA services for property located at 4500 Azusa Canyon Road
Department: Community Development

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July 23, 2025

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Recommendation: That the City Council approve the attached contract with De Novo Planning Group, for the preparation of an environmental assessment for property located at 4500 Azusa Canyon Road, Irwindale, CA 91706.

I. Approve Appropriation of Asset Forfeiture Funds
Department: Police
Recommendation: Adopt Resolution No. 2025-72-3660 entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT".

J. Award of Contract for Construction of Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street Project; P-1073 Department: Engineering
Recommendation: That the City Council (1) authorizes the City Manager to enter into an agreement with Elecnor Belco Electric, Inc. in the amount of $912,348 for the Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street Project; (2) approve a 20% construction contingency in the amount of $182,470 to cover any unforeseeable conditions that may arise during construction; (3) adopt Resolution No. 2025- 71-3659 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING BUDGET AMENDMENT TO APPROPRIATE $500,000 FROM THE GENERAL FUND RESERVES, AND $355,423 FROM THE MINING IMPACT FUND RESERVES TO THE TRAFFIC SIGNAL AND STREET IMPROVEMENTS – ARROW HIGHWAY AT LIVE OAK AVENUE (EAST) AND AZUSA CANYON ROAD AT NUBIA STREET PROJECT; P-1073”.

K. Approval of a professional contract for Civil/Geotechnical Engineering services for (1) Surface Mining and Reclamation Act of 1975 (SMARA) compliance of mining pits, (2) reclamation oversight and review of grading permits for inert backfill operation of mine pits, and (3) Geotechnical Engineering support for the City of Irwindale.

Department: Engineering
Recommendation: That the City Council authorize the City Manager to execute a service contract agreement with Geo-Logic Associates, Inc., in the amount of $1,020,000 for Civil Engineering / Geotechnical Engineering Services for (1) SMARA compliance of mining pits, (2) reclamation oversight and review of grading permits for inert backfill operations of mining pits, and (3) Geotechnical Engineering technical support services to prepare and develop geotechnical mining policy (“Agreement”).

L. Authorize the application and execution of the Charge Ready Direct Current Fast Charging Participation Agreement.

Department: Administration
Recommendation: That the Irwindale City Council adopt Resolution No. 2025-73-3661 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPLICATION

AND EXECUTION OF THE CHARGE READY DIRECT CURRENT FAST CHARGING PARTICIPATION AGREEMENT."

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July 23, 2025

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

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

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

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

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

A. Consideration of Appointment of Two (2) Business Representatives to the ICF Board of Directors Department: City Clerk

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July 23, 2025

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Recommendation: That the City Council adopt Resolution No. 2025-56-3644 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO IRWINDALE

BUSINESS REPRESENTATIVES TO THE IRWINDALE COMMUNITY FOUNDATION FOR TWO YEAR TERMS EXPIRING JUNE 30, 2027" or provide other direction to staff.

B. Irwindale Municipal Code Section 17.13.120 (Recreational Vehicle Parking on Residential Property) Department: Community Development
Recommendation: That the Irwindale City Council discuss and provide direction to staff regarding the parking of recreational vehicles on residential property.

C. Updated Recreational Vehicle Ordinance (Recreational Vehicle Parking on Public Property) Department: Administration
Recommendation: That the City Council review the updated Draft Recreational Vehicle Ordinance and provide direction
D. Verbal Update on the Irwindale Library Project
Department: Administration
Recommendation: Receive and file the update.

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

A. Zone Change No. 03-2025 (El Nido Park)
Department: Community Development
Recommendation: ADOPT RESOLUTION NO. 2025-59-3647 ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING ZONE CHANGE NO. 03-2025 AND MODIFYING THE CITY OF IRWINDALE ZONING MAP TO 1) REZONE A PARCEL FROM A-1 (AGRICULTURAL) ZONE TO RP (RECREATION AND PARKS) ZONE LOCATED AT APN: 8417-002-921,

AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)”

15. CITY MANAGER’S REPORT

16. 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.

17. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

18. AB 2449 DISCLOSURES

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July 23, 2025

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Remote participation by a member of the legislative body for just cause or emergency circumstances

19. CONSENT CALENDAR
A. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2025 Department: Finance
Recommendation: That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2025.

20. 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.

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. ADJOURN

HOUSING AUTHORITY

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

25. CONSENT CALENDAR
A. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2025 Department: Finance
Recommendation: That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2025.

26. 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.

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

28. PUBLIC HEARINGS

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July 23, 2025

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

29. 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 July 23, 2025, be posted at the City Hall, Library, and Post Office on July 18, 2025.

Laura M. Nieto, MMC
Chief Deputy City Clerk

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Item #11.B.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency
Honorable Chair and Members of the Housing Authority Board From: Julian A. Miranda, City Manager / Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending June 30, 2025 City Manager's Recommendation:

That the City Council, Successor Agency Board, and Housing Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2025.

Administrative Action:

Submitted / Prepared by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

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

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

The attached Investment Report summarizes the cash balances and investments as of June 30, 2025, for each agency. The City of Irwindale’s balances include investments in all funds of the City and its agencies, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City’s Investment Policy.

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation Authority are pooled to maximize interest yields. The Reclamation Authority Board is not scheduled to meet again until September 10, 2025. Therefore, this same Investment Report will be included in the

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Reclamation Authority’s Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

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

Attachments:

1. City of Irwindale Investment Report – June 30, 2025

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PAR VALUE /

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE
DATE

MATURITY
DATE

MKT VALUE /
ENDING

BALANCE

INVESTMENT

RATINGS

CITY OF IRWINDALE (POOLED - ALL FUNDS, INCLUDING RECLAMATION AUTHORITY) WELLS FARGO BANK GENERAL ACCOUNTS $ 4,826,607 1.65% $ 4,826,607 WF MONEY MARKET ACCOUNT $ 6,538,646 4.22% $ 6,538,646
LOCAL AGENCY INVESTMENT FUND (LAIF) $ 21,844,870 4.26% 21,871,047

US GOVERNMENT AGENCIES
FEDERAL FARM CREDIT Bank (FFCB) $ 1,000,000 4.88% 11/28/23 07/28/25 $ 1,000,359 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 3,000,000 0.90% 06/15/21 06/15/26 2,912,602 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06/30/21 06/26/26 4,854,496 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06/30/21 06/30/26 4,856,426 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.87% 07/28/21 07/28/26 4,839,739 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 5,000,000 1.13% 07/29/21 07/29/26 4,851,614 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 1.87% 08/29/22 02/22/27 966,912 Aaa / AA+ FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) 2,000,000 4.25% 10/24/24 10/22/29 2,002,159 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 4,000,000 4.60% 01/29/25 01/24/30 4,037,984 Aaa / AA+ FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) 2,000,000 4.65% 01/29/25 01/28/30 2,006,747 Aaa / AA+ Sub-Total US Government Agencies: $ 33,000,000 $ 32,329,038

MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE $ 1,000,000 4.30% 01/09/23 10/01/26 $ 1,017,975 Aa2 / AACOAST COMMUNITY COLLEGE DISTRICT CALIFORNIA 1,000,000 4.22% 02/09/23 08/01/26 980,984 Aa1 / AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.00% 04/26/23 04/01/28 988,657 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 3.90% 05/17/23 05/15/27 953,036 Aa2 / AA CALIFORNIA STATE TAXABLE 1,000,000 4.48% 07/13/23 04/01/28 988,657 Aa2 / AACITY OF LOS ANGELES 2,190,000 4.85% 09/28/23 09/01/28 2,032,895 Aa2 / AA CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY 1,600,000 4.69% 12/01/23 06/01/28 1,527,297 Aa3 / AACALIFORNIA STATE UNIVERSITY 2,000,000 4.45% 12/08/23 11/01/28 1,847,807 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,320,000 4.79% 01/11/24 06/01/27 1,311,286 A / A2 WEST CONTRA COSTA CALIFORNIA SCHOOL DISTRICT 1,000,000 4.10% 01/18/24 08/01/27 951,612 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,000,000 4.78% 01/11/24 06/01/28 992,127 A / A2 ALAMEDA COUNTY CALIFORNIA TAXABLE BONDS 1,000,000 4.05% 01/18/24 08/01/28 989,171 Aaa / AAA SAN JOSE REDEVELOPMENT AGENCY TAXABLE 1,390,000 4.36% 02/12/24 08/01/28 1,354,060 AA/AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.74% 04/19/24 02/01/28 945,709 Aa2 / AACALIFORNIA STATE TAXABLE 1,000,000 4.73% 04/19/24 04/01/29 967,243 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 4.40% 07/01/24 07/01/29 978,830 Aa2 / AA CITY OF LOS ANGELES 2,000,000 4.50% 07/09/24 09/01/27 2,078,239 Aa2 / AA CITY OF LOS ANGELES 1,000,000 3.70% 09/03/24 09/01/29 1,067,597 Aa2 / AAA CALIFORNIA STATE TAXABLE 1,000,000 3.75% 09/03/24 09/01/29 1,041,469 Aa2 / AASANTA MONICA-MALIBU, CA UNIFIED SCHOOL DISTRICT 1,000,000 3.94% 10/10/24 08/01/27 904,549 Aa1 / AA+ SAN BERNARDINOCOMMUNITY COLLEGE DISTRICT 1,000,000 3.93% 10/10/24 08/01/28 939,078 Aa1 / AA REDONDO BEACH UNIFIED SCHOOL DISTRICT 1,000,000 3.94% 10/10/24 08/01/29 940,041 Aa2 BEVERLY HILLS PUBLIC FINANCING 1,000,000 4.01% 10/24/24 06/01/26 972,564 Aaa / AAA SAN RAMON UNIFIED SCHOOL DISTRICT 2,000,000 4.43% 01/07/25 08/01/29 1,827,931 Aa1 / AA+ VACAVILLE UNIFIED SCHOOL DISTRICT 1,000,000 4.20% 03/12/25 08/01/29 914,207 Aa2 HEMET CALIFORNIA UNIFIED SCHOOL DISTRICT 1,000,000 4.00% 05/05/25 08/01/29 916,131 AA Sub-Total Municipal Bonds: $ 31,500,000 $ 30,429,150

CORPORATE BONDS
WELLS FARGO & COMPANY $ 2,000,000 6.25% 10/21/22 10/21/27 $ 2,006,198 A1 / BBB+ TOYOTA MOTOR CREDIT CORPORATION 1,000,000 5.00% 11/10/22 10/16/25 989,637 A1 / A+ BANK OF AMERICA CORPORATION 2,000,000 5.08% 12/19/23 01/20/27 2,005,801 A1 / AAPPLE, INC. 1,500,000 4.25% 02/02/24 02/08/26 1,467,715 Aaa / AA+ APPLE, INC. 1,500,000 4.10% 02/02/24 02/09/27 1,484,486 Aaa / AA+ MICROSOFT CORPORATION 1,000,000 4.30% 02/06/24 09/15/26 993,600 Aaa / AAA INTEL CORPORATION 1,000,000 4.40% 02/06/24 05/11/27 979,635 A2 / A WALMART, INC 1,000,000 4.25% 02/12/24 04/15/28 1,001,064 Aa2 / AA 3M COMPANY 1,000,000 4.80% 02/12/24 09/14/28 982,803 A1 / BBB+ AMERICAN HONDA FINANCE 1,000,000 5.29% 10/24/24 10/05/26 1,001,109 Aa2 / AA WELLS FARGO & COMPANY 2,000,000 5.00% 12/02/24 12/02/29 2,009,202 A1 / BBB+ Sub-Total Corporate Bonds: $ 15,000,000 $ 14,921,251

CERTIFICATES OF DEPOSIT
UBS BANK USA $ 245,000 3.40 % 08/31/22 09/02/25 $ 244,611 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35 % 08/31/22 09/02/25 244,546 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50 % 08/31/22 08/31/27 242,587 FDIC Insured CAPITAL ONE BANK USA 245,000 3.45 % 08/31/22 08/31/27 242,245 FDIC Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45 % 08/31/22 08/31/27 242,245 FDIC Insured ALLY BANK 245,000 3.35 % 09/01/22 09/01/26 243,035 FDIC Insured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02/27 242,237 FDIC Insured MEDALLION BANK 245,000 3.25 % 09/07/22 09/08/25 244,499 FDIC Insured DR BANK 245,000 3.60 % 09/09/22 09/09/26 243,809 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 242,211 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 242,211 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3.30 % 09/14/22 03/13/26 243,555 FDIC Insured PONCE BANK 245,000 3.35 % 09/14/22 09/14/27 241,765 FDIC Insured FIRST NATIONAL BANK 245,000 3.45 % 09/19/22 09/20/27 242,281 FDIC Insured FIRST WESTERN TRUST BANK 245,000 4.55 % 01/06/23 01/06/28 245,138 FDIC Insured PARK STATE BANK 245,000 4.45 % 07/19/23 07/19/28 252,620 FDIC Insured DISCOVER BANK 245,000 4.55 % 07/19/23 07/17/28 253,435 FDIC Insured COMENITY CAPITAL BANK 245,000 4.45 % 07/26/23 07/26/28 248,156 FDIC Insured BANK OF AMERICA, N.A. 245,000 5.30 % 11/22/23 11/24/25 245,944 FDIC Insured SAUK VALLEY BANK & TRUST 245,000 5.00 % 11/22/23 11/24/25 245,689 FDIC Insured BMW BANK NORTH AMERICA 245,000 4.90 % 11/17/23 11/17/28 251,629 FDIC Insured TRUSTAR BANK 245,000 4.75 % 11/22/23 11/22/28 250,666 FDIC Insured STATE BANK INDIA 245,000 5.00 % 11/24/23 11/24/28 254,829 FDIC Insured HENDERSON STATE BANK 245,000 5.00 % 11/28/23 11/28/25 245,729 FDIC Insured Sub-Total Certificates of Deposit: $ 5,880,000 $ 5,895,669

SUPRANATIONALS
INTERNATIONAL FINANCE CORPORATION 1,000,000 4.36% 04/05/24 03/27/29 $ 1,020,444 Aaa / AAA Sub-Total Supranationals: $ 1,000,000 $ 1,020,444
Total City of Irwindale Investments (Pooled Funds): $119,590,123 $ 117,831,853 HOUSING AUTHORITY (Funds 11 & 12)
WELLS FARGO BANK GENERAL ACCOUNTS $ 845,662 1.65% $ 845,662 LOCAL AGENCY INVESTMENT FUND (LAIF) 4,542,452 4.26% 4,547,895 $ 5,388,114 $ 5,393,557
SUCCESSOR AGENCY (Funds 50-66)
WELLS FARGO BANK GENERAL ACCOUNTS $ 1,077,217 1.65% $ 1,077,217 LOCAL AGENCY INVESTMENT FUND (LAIF) 6,109,481 4.26% 6,116,802 $ 7,186,697 $ 7,194,018
GRAND TOTAL OF INVESTMENTS $132,164,935 $ 130,419,428
Approved by _____________________________________ Kambiz Borhani, Finance Director / City Treasurer This investment portfolio is in conformity with the City of Irwindale's Investment Policy which was approved by City Council on June 11, 2025.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.51 years, and the weighted average yield of the City's pooled investments at cost is

3.63%. Market prices of securities are obtained directly through Bank Statements. Due to timing, Wells Fargo Bank General Account balances are combined and prereconciled and its yield rate is based on a negotiated earnings credit.

INVESTMENT REPORT
June 30, 2025

CITY OF IRWINDALE

SECURITY DESCRIPTION
K.Borhani

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Item #11.C.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Adopt a Code of Conduct for the Public Services Department City Manager's Recommendation:

Adopt Resolution No. 2025-69-3657, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING A CODE OF CONDUCT FOR THE PUBLIC SERVICES DEPARTMENT." 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:

At the January 9, 2025 Parks & Recreation Special Meeting, Vice Chair Roman requested the Commission review a participant behavior policy for the Dan Diaz Recreation Center. After much research, it was determined that the City did not have this type of policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, or Irwindale parks. Additionally, staff identified most surrounding

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cities have a code of conduct policy for its parks and recreation departments, including the Irwindale Public Library.

At the February 5, 2025 Parks & Recreation Regularly Scheduled Meeting, staff provided copies of and presented a variety of different policies on this topic, including the Irwindale Public Library's Code of Conduct, City of Monterey Park's Parks & Recreation's Behavior Guidelines, Temple City's Code of Conduct, and the City of Ventura's Parks & Recreation's Code of Conduct. After reviewing these documents, a discussion was held and the Commission requested staff use Temple City's Code of Conduct as a template to create a code of conduct for the City of Irwindale’s Public Services Department.

The purpose of the Code of Conduct is to establish guidelines that promote and support a safe, fun, and healthy environment through productive participation. Participants are expected to adhere to this Code of Conduct and conduct themselves appropriately while utilizing and taking part in city facilities, parks, programs, services, field trips, and special events. The Code of Conduct for the Public Services Department provides information on the scope, the purpose, the standards of conduct, violations, enforcement and consequences of violations, outlines what constitutes immediate suspension, and the appeals process.

This policy will be signed and renewed when the participants renew their account profile. The account profile will be updated annually to verify the Code of Conduct is signed, a valid Resident ID/City Employee Card is on file, phone and email are accurate and any emergency contact information is updated.

A first draft of the Code of Conduct for the Public Services Department was presented to the Parks & Recreation Commission for their review and comments at the May 7, 2025 Regularly Scheduled Meeting. The second draft, with the Parks & Recreation Commission’s requested edits, was presented to the Senior Citizen Commission at their May 27, 2025 Special Meeting at which time the Commission recommended approval to the Irwindale City Council. At the June 4th Parks & Recreation Regularly Scheduled meeting, the Commission reviewed the second draft, which incorporated their edits, and recommended approval to the Irwindale City Council.

Fiscal Impact:

There is no fiscal impact.

Attachments:

1. 7-23-2025 Code of Conduct - RESOLUTION POLICY (2023119.1)

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RESOLUTION NO. 2025-69-3657

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING

A CODE OF CONDUCT FOR THE PUBLIC SERVICES DEPARTMENT
WHEREAS, at the May 27, 2025 Special Senior Citizen Commission Meeting and the June 4, 2025 regularly scheduled Parks & Recreation Commission Meeting, the Commissions completed a final review of the Code of Conduct for the Public Services Department (“Code of Conduct Policy”) and recommend approval to the City Council; and WHEREAS, in order to provide a safe, orderly, and welcoming community environment for city services, programs, and events, held by the Public Services Department at the Dan Diaz Recreation Center, Irwindale Aquatics Center, Irwindale parks, and the Irwindale Senior Center, participants are required to comply with the Code of Conduct Policy; and
WHEREAS, Code of Conduct violations can pose a threat to property, public safety, and welfare and undermine the City of Irwindale’s ability to provide a safe, orderly, and welcoming community environment for services, programs, and events; and WHEREAS, the Code of Conduct Policy will be signed and renewed when resident participants renew their account profile, which requires an annual update to verify this policy is signed, a valid Resident ID/City Employee Card is on file, phone and email are accurate and any emergency contact information is updated; and WHEREAS, the Code of Conduct Policy will be provided to all patrons through the City website, by hard copy at the Public Services Department at request, and will be signed by all nonresident participants who wish to participate in city programs; and WHEREAS, based on the recommendations from the Parks & Recreation and the Senior Citizen commissions, the City Council hereby desires to approve the City of Irwindale Code of Conduct for the Public Services Department.

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 and adopts the City of Irwindale Code of Conduct for the Public Services Department. City staff is hereby authorized to utilize and implement the Code of Conduct Policy, attached hereto as Exhibit “A”.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or

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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 23rd day of July 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. 2025-69-3657 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23RD day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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City of Irwindale
Code of Conduct for
the Public Services
Department
July 23, 2025

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01005.0006 2023119.1
I. SCOPE
The City of Irwindale Code of Conduct for the Public Services Department (Collectively the Dan Diaz Recreation Center, Irwindale Aquatics Center, all Irwindale parks, and the Irwindale Senior Center) will provide guidelines as it relates to the programs, activities, services, field trips, and special events provided by and through the Public Services Department.

II. PURPOSE
The purpose of the Code of Conduct is to establish guidelines that promote and support a safe, fun, and welcoming environment through productive participation. Participants are expected to adhere to this Code of Conduct and conduct themselves appropriately while utilizing and taking part in city facilities, parks, programs, services, field trips, and special events.

III. STANDARDS OF CONDUCT
All City of Irwindale Public Services visitors, facility users, program participants, caregivers, organizations, businesses, and volunteers are expected to adhere to the following:
• Always communicate and conduct yourself in a manner that is respectful, considerate, and courteous to other patrons, participants, staff, and volunteers; and
• Know, understand, and follow all posted and written rules along with verbal rules and directions provided by staff, contractors, and volunteers.

Ask a staff member if you are unaware or unsure about any rules; and • Follow all program, facility, and park specific rules and guidelines; and • Be respectful of all City facilities, parks, equipment, and property and the property of other patrons; and
• Check with staff prior to using any city equipment or rooms; and • Secure all personal belongings. The city is not responsible for lost, damaged, and/or stolen items; and
• Dress appropriately for a public place. This includes wearing a shirt/top, pants/skirt/shorts, and shoes at all times (dress code is based on the program/class requirements such as appropriate swimwear at the Irwindale Aquatics Center, no shoes at Yoga, school approved/appropriate dress code at KidZone, etc.); and
• Clean-up after yourself including putting all trash and recyclables in the proper receptacles; and
• Please notify staff of any hazards, problems, or Code of Conduct violations as soon as possible; and
• Be flexible in accepting alternative facility assignments or modifications to schedules; and

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01005.0006 2023119.1
• Comply with decisions of staff and abide by established grievance procedures if issues or concerns arise; and
• Comply with all applicable federal, state, and local laws, including the City of Irwindale’s Municipal Code and policies, other city policies, and/or venue policies.

IV. VIOLATIONS
City staff reserves the right to remove any person from City facilities, parks, programs, activities, field trips, or special events who violates the Code of Conduct and the person(s) will be subject to the Consequences, as listed herein. The following actions are considered violations of the Code of Conduct and City staff may initiate the consequences below at its discretion, including but not limited to:
• Actions or behavior that unreasonably disrupts the public peace and welfare and denies other participants or volunteers the ability to safely and respectfully enjoy the Public Services facilities, parks, and its programs, services, activities, field trips, and special events; and • Any physical, verbal, or cyber threat of imminent or future violence; repeated loud or offensive behavior; physically threatening or intimidating behavior; assault, actual or pretend fighting; abusive, obscene, or discriminatory language or gestures including but not limited to horseplay, bullying, unwelcome teasing, pushing, kicking, hitting, or fighting; and • Destruction or vandalism of City materials, equipment, furniture or property; and
• Refusal to obey City staff with regard to the operation of any program or the use of any City facility or equipment; and
• Harassment or discrimination of any kind, including, but not limited to age, race, national origin, gender, religion, sexual orientation, or political affiliation; and
• Any activity that negatively affects the physical health of participants, volunteers, or City staff or places them in physical danger or fear of such threat; and
• Violations of City, County, State, or Federal law while on City property or when participating in City-sponsored programs, services, activities, field trips, or special events; and
• Possession, selling, or use of marijuana, tobacco, illegal drugs, nonprescribed, or appearing to be under the influence of controlled substances while on City property or when participating in City-sponsored programs, services, activities, field trips, or special events; and • Possession, selling, or use of alcohol or appearing to be under the influence of alcohol on City property or when participating in CityPage 23 of 335 01005.0006 2023119.1
sponsored programs, services, and activities or excessive use of alcohol at City-sponsored field trips and special events that allow alcohol; and • Inappropriate and/or revealing attire; and
• Severe lack of personal cleanliness and hygiene; and
• Use of restrooms for the purpose of shaving, bathing, hair cutting, washing clothes, or others such uses it is not intended for; and • Use of any type of photographic equipment, including cell phones, in city locker rooms and restrooms; and
• Leaving children under the age of 9 unsupervised in any Public Services facility and 12 and under for Adult/Family field trips; and • Bringing any animal into City facilities or in areas with signs that prohibit animals from entering, except for service animals or as authorized for City programs; and
• Entering employee only areas without permission from staff.

Staff members may apply this guideline differently to behavior in different locations depending on the disruption caused by the behavior. When disruptive behavior occurs on the public sidewalk, street or park in front of City facilities, staff members should ask that individuals discontinue the disruptive behavior and/or request police assistance to enforce applicable laws and ordinances as appropriate.

V. ENFORCEMENT & CONSEQUENCES OF VIOLATIONS
The City reserves the right to:

1. Require members of the public who engage in disruptive behavior to leave the premises.

2. Restrict or suspend members of the public who engage in disruptive behavior from using specific City facilities or services or revoke their use of specific City facilities or services. Suspension may include dissolution of privileges to use City facilities, City parks, City property, City services, or participation in City- sponsored programs, classes, activities, field trips, and special events.

3. Exclude members of the public who engage in disruptive behavior from City property for a specified period of time.

These guidelines will be applied fairly and equally to all members of the public.

Persons of all ages are expected to follow this policy. Parents, guardians, or caregivers are responsible for ensuring that children meet this expectation as needed.

City staff will notify police immediately of any illegal behavior or threat to the safety of members of the public or staff.

Violations of the Code of Conduct shall be addressed in the following manner:

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01005.0006 2023119.1
• 1st Offense: Verbal Counseling or Warning
Participants will receive a verbal warning from a City staff person. City staff will document this occurrence on an “Incident Report.” For items that require “repeated” or “severe” violations to be actionable, two or even three verbal warnings (at the discretion of the Division Manager/Supervisor or designee) with documentation will be required before moving to the “Second Offense” consequence.
• 2nd Offense: Written Warning and One Program Day Suspension City staff will record the second offense on an “Incident Report.” The participant will meet with the Division Manager/Supervisor or designee to discuss the violation and implement any corrective action deemed necessary by the City. A written notice of suspension of one program day will be given to the participant outlining the incidents and the specific violation(s) of the Code of Conduct. Failure to meet with the Division Manager/Supervisor or their designees will be grounds for a continued suspension of more than one month.
• 3rd Offense: One Week to One Month Suspension
City staff will record the occurrence on an “Incident Report.” The participant will meet with the Division Manager/Supervisor and the Public Services Director or their designees to discuss the violation and implement any corrective action deemed necessary by the City. At the discretion of the Public Services Director or designee, a written one week to one-month suspension will be given to the participant explaining the incidents and the violation of the Code of Conduct. The written suspension will include the rationale for the duration of the suspension, the dates of the suspension and the process for appealing the suspension. Failure to meet with the Division Manager/Supervisor and Public Services Director or their designees will be grounds for a continued suspension of more than one month.
• Final Offense: Long-Term Suspension
City staff will record the occurrence on an “Incident Report.” The participant will meet with the Division Manager/Supervisor and the Public Services Director or their designees to discuss the violation and implement any corrective action deemed necessary by the City. At the discretion of the Public Services Director or designee, a written long-term suspension will be given to the participant explaining the incidents and the violation of the Code of Conduct, include the dates of the suspension, and the process for appealing the suspension. Failure to meet with the Division

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01005.0006 2023119.1
Manager/Supervisor and Public Services Director or their designees will be grounds for a continued suspension until such meeting takes place.

Immediate Suspension
Notwithstanding the above, participants/patrons may receive an immediate suspension and revocation of privileges if the violation is so serious in nature as determined by the Public Services Director or their designee that immediate suspension is warranted to protect the health, safety, or welfare of other participants, City staff or other persons. Such violations may include but are not limited to:
• Violations that place participants, volunteers, City staff, other persons, self, or City property in imminent danger, including but not limited to verbal and physical threatening, abusive, and bullying behavior, weapons, intimidation, and harassment; and
• Violations that involve bringing weapons of any kind, even with a permit, to a city facility, event, program, on a City bus, or park grounds; and • Violations involving law enforcement personnel.

City staff will record the occurrence on an “Incident Report.” The participant will meet with the Public Services Director or their designee to discuss the violation and, if applicable, implement any corrective action deemed necessary by the City notwithstanding the immediate suspension. At the discretion of the Public Services Director or designee, a written long-term suspension will be given to the participant explaining the incidents, the violation of the Code of Conduct, the dates of the suspension, and the process of appealing the suspension. Failure to meet with the Public Services Director or their designee will be grounds for a continued suspension until such meeting takes place.

Appeal Process
Participants have the right to appeal a decision made regarding an incident to the City Manager or designee within 15 days of receipt of the written notice of suspension.

Participants must appeal the decision in writing by e-mail or mail.

E-mail:

City Manager
[email protected]
Mail:

City of Irwindale
Attn: City Manager
5050 N. Irwindale Avenue, Irwindale, CA 91706
After a thorough review of the participant’s Code of Conduct violation(s), an appointment will be made with the participant to discuss the situation. The participant will not be allowed to participate in any Public Services Department classes, programs, services,

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01005.0006 2023119.1
field trips, and/or special events, including those programs held at City facilities, City parks, or City properties until the investigation and appeal process is completed If a participant/patron is a minor, then City staff will meet with the parent(s)/ guardian(s) of the minor.

I have read the City of Irwindale Public Services Department’s Code of Conduct and agree to abide by the rules and guidelines outlined herein.

Participant
Printed Name:

Signature: Date:

Parent/Guardian Signature for Minors
Printed Name:

Signature: Date:

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Item #11.D.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: LSA Contract Amendment
City Manager's Recommendation:

That the City Council approve the attached contract Amendment No. 4 to the Agreement for Contract Services with LSA Associates, Inc. for the preparation and completion of the Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 500 Speedway Drive, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Jeff Tyler, Associate Planner Electronically Approved
Reviewed by:

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

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Julian A. Miranda, City Manager
Background and Analysis:

BACKGROUND
On October 28, 2020, the City Council approved an Agreement for Contract Services with LSA Associates, Inc. ("Contract") for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for a proposed project at 500 Speedway Drive. The project includes the preparation of a Specific Plan to develop an industrial/commercial business park with eleven (11) light industrial and flex commercial/office buildings and an optional Battery Energy Storage System (BESS). The original contract was for the sum of $339,922.00, paid by Irwindale Outlet Partners, LLC, the initial Applicant/Developer for the project. On September 15, 2022, the property was sold to Irwindale Industrial, LLC. As the new owner, Irwindale Industrial, LLC is continuing the application process. The applicant has renamed the project Pitstop Specific Plan.

Contract Amendment No. 1 was approved by the City Council on December 14, 2022, for a budget increase of $54,572.00, bring the contract total to $394,494.00 ($339,922 + $54,572) to complete the preparation of the EIR. This was required to allow additional analyses to be included in the Draft and Final EIR and included a 5% contingency. The analyses included the collection of new traffic counts, rerunning the traffic model, intersection analysis, site plan revisions, additional cumulative projects analysis, and a Caltrans Safety Analysis.

Contract Amendment No. 2 was approved by the City Council on November 29, 2023 for a time extension only. The Contract stated that the Consultant shall commence the service upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance”, in no event to exceed June 1, 2023. The contract time period was extended to August 2024.

On October 25, 2023, the City Council conducted a regularly scheduled City Council meeting and motioned to continue the item to the next regularly scheduled City Council meeting. On November 8, 2023 the City Council conducted a regularly scheduled City Council meeting, pulled the item from the consent calendar directed staff to revise and clarify details of the proposal, and motioned to continue the item to the special City Council meeting scheduled November 29, 2023.

Contract Amendment No. 3 was approved by the City Council on December 11, 2024 for a budget increase of $211,218.36, bringing the contract total to $605,712.36 ($394,494.00 + $211,218.36). This was required to allow the consultant to conduct additional tasks which included EIR revisions to reflect minor changes/additions to the project. Updated technical analyses to reflect project use matrix changes (Air Quality and Noise Technical Reports), and Transportation Impact Analysis. BESS CEQA analysis. Response to applicant, City staff, and legal comments on the Screencheck EIR. Attendance at biweekly meetings, as requested by the applicant. Attendance at public hearings. Attendance at additional meetings as requested by the City. Additional project management efforts related to an

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extension of project schedule and ongoing project changes.

Contract Amendment No. 4 is for the Consultant to perform additional tasks to complete revisions to the traffic impact analysis for the project that includes:
• Site Plan Revisions
• Traffic Scoping Revisions
• Traffic Model Revisions
• Collection of New Traffic Counts
• Revisions to Caltrans Safety Analysis
• Additional Traffic Operational Improvements & Intersection Analysis • Additional Coordination Meetings
Contract Amendment No. 4 is for an additional $128,554.70. The original contract was approved for $339,922.00, the first amendment added an additional cost of $54,572.00 increasing the contract to $394,494.00, the third amendment added an additional cost of $211,218.36 increasing the contract to $605,712.36. As listed above the fourth amendment will add an additional $128,554.70 for a new contract totaling $734,267.06 ($605,712.36 + $128,554.70).

Fiscal Impact:

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

Attachments:

1. LSA Contract Services Agreement Amendment No. 4 (Final) (2022523.1)

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01005.0001 2022523.1
AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES

BETWEEN
THE CITY OF IRWINDALE AND LSA ASSOCIATES, LLC. (CONSULTANT OR LSA) THIS AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT (herein “Amendment No. 4”) is made and entered into this 23rd day of July 2025, by and between the City of Irwindale, a California municipal corporation (“City”), and LSA Associates, Inc., a California corporation (“Consultant” or “LSA”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. Pursuant to the City of Irwindale’s Municipal Code, City has the authority to enter into and execute this Amendment No. 4.

B. The City and Consultant entered into that certain Contract Services Agreement (herein “Agreement”) dated October 28, 2020, for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the future buildout of up to eleven (11) speculative light industrial and flex commercial buildings, as those terms are defined in the Agreement for property located at 500 Speedway, Irwindale, CA. The Agreement now includes an optional battery energy storage system (BESS). The Agreement established a Contract Sum of THREE HUNDRED AND THIRTY-NINE THOUSAND AND NINE HUNDRED AND TWENTY-TWO DOLLARS ($339,922.00).

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

D. On December 14, 2022, the Parties entered into Amendment No. 1 to the Agreement to increase the Contract Sum by FIFTY FOUR THOUSAND AND FIVE HUNDRED SEVENTY TWO DOLLARS ($54,572.00) for the completion of the environmental document for the Irwindale Speedway Commerce Center Specific Plan project; bringing the contract total to $394,494.00.

E. On November 29, 2023, the Parties entered into Amendment No. 2 to the Agreement and extended the contract time period to August 2024.

F. On December 11, 2024, the Parties entered into Amendment No. 3 to the Agreement to increase the Contract Sum by TWO HUNDRED ELEVEN THOUSAND AND TWO HUNDRED EIGHTEEN DOLLARS AND THIRTY SIX CENTS ($211,218.36) for EIR revisions, updated technical analysis changes to Air Quality and Noise Technical Reports, Transportation Impact Analysis and BESS CEQA analysis; bringing the contract total to $605,712.36.

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- 2 -
01005.0001 2022523.1
G. By this Amendment No. 4, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 2.1 of the Agreement to increase in the Contract Sum by ONE HUNDRED TWENTY EIGHT THOUSAND DOLLARS AND FIVE HUNRED FIFTY FOUR DOLLRS AND SEVENTY CENTS ($128,554.70), bringing the final total to SEVEN HUNDRED THIRTY FOUR THOUSAND AND TWO HUNDRED SIXTY SEVEN DOLLARS AND SIX CENTS ($734,267.06).

H. By this Amendment No. 4, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 3.2 of the Agreement to account for a revised Schedule of Performance.

NOW, THEREFORE, the parties hereto agree as follows:

1. Section 2.1 of the Agreement, entitled “Contract Sum” shall be amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed SIX HUNDRED AND FIVE THOUSAND, SEVEN HUNDRED AND TWELVE DOLLARS AND THIRTY SIX CENTS ($605,712.36) SEVEN

HUNDRED THIRTY FOUR THOUSAND AND TWO HUNDRED SIXTY SEVEN DOLLARS AND SIX CENTS ($734,267.06). (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. Section 3.2 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, dated October 4, 2023, dated November 19, 2024, dated June 23, 2025 and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the “Schedule of Performance” may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.”

3. Exhibit “A” to the Agreement is hereby amended to incorporate Amendment No. 4 to the Scope of Services, attached hereto as Exhibit “A.” Whenever the term “Scope of Services” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 4 to the Scope of Services.

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

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- 3 -
01005.0001 2022523.1

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

6. Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety by the “Schedule of Performance/Timeline” dated June 23, 2025, contained in Exhibit “D” attached hereto.

7. Full Force and Effect. Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 4.

8. Corporate Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]4

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- 4 -
01005.0001 2022523.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

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

LSA Associates, INC., a California
corporation
By:

Name: Anthony Petros
Title: CEO
Address: 20 Executive Park
Suite 200
Irvine, CA 92614
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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- 5 -
01005.0001 2022523.1
EXHIBIT "A"
AMENDMENT NO. 4 SCOPE OF SERVICES
Effective June 25, 2025
The following scope of work details the additional work covered in this contract amendment and is organized per the tasks in our original approved contract with the City dated October 28, 2020, amended December 14, 2022, amended November 29, 2023, and December 11, 2024.

SCOPE OF WORK
Task Name
Site plan revisions
Scoping Agreeent Memorandum revisions and submittal
Re-running the traffic model SCAG Travel Demand Model
Collect new traffic counts at study intersections and roadway segments Revisions of approved and pending projects from City and surrounding jurisdictions Revisions to the Caltrans Safety Analysis
Revision of the traffic operational improvements and intersection analysis Coordination Meetings
AQ/GHG/Energy Analysis
Noise Analysis
Administrative Draft EIR

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- 6 -
01005.0001 2022523.1
EXHIBIT "C"

SCHEDULE OF COMPENSATION

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- 7 -
01005.0001 2022523.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated June 23, 2025
Task Name Duration Finish
Traffic Scoping Memo 4 weeks 4 weeks
TIA 10 weeks 14 weeks
VMT Analysis Concurrent with TIA 14 weeks
AQ/GHG/Energy Analysis 4 weeks 18 weeks
Noise Analysis 4 weeks 18 weeks
LSA prepares
Administrative Draft EIR 3 weeks 21 weeks
City review of
Administrative Draft EIR 4 weeks 25 weeks
LSA prepares
Screencheck Draft EIR 3 weeks 28 weeks
City review of Screencheck
Draft EIR 4 weeks 32 weeks
LSA makes final edits
to Draft EIR 3 weeks 35 weeks
Draft EIR public review 45 days 42 weeks
LSA prepares of Final
EIR/RTCs 4 weeks 46 weeks
City review of Screencheck
Final EIR/RTCs 4 weeks 50 weeks
LSA prepares Final EIR 2 weeks 52 weeks
City review Final EIR
for publication 2 weeks 54 weeks
Public Final EIR 2 weeks 56 weeks
Planning Commission
Meetings and City
Council Meetings
TBD TBD/ 2 meetings each

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Item #11.E.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Zone Ordinance Amendment No. 02-2025, Ordinance No. 800 to Establish an Ordinance Regulating Battery Energy Storage Systems (BESS)
City Manager's Recommendation:

That the City Council adopt on second reading by title only with further reading waived Ordinance No. 800, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING TABLE 17.06.020-1 (“LAND USE REGULATIONS – INDUSTRIAL & OFFICE ZONES”) WITHIN SECTION 17.060.020 (“LAND USE REGULATIONS”) OF CHAPTER 17.06 (“INDUSTRIAL AND OFFICE ZONE DISTRICTS”) AND ADOPTING CHAPTER 17.40 “BATTERY ENERGY STORAGE SYSTEMS (BESS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE REGULATING BATTERY ENERGY STORAGE SYSTEMS IN M-2 ZONES AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) Administrative Action:

Submitted/Prepared by:

Marilyn Simpson, AICP, Community Development Director
Reviewed by:

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

Page 38 of 335 ends

Julian A. Miranda, City Manager
Background and Analysis:

At its meeting of July 9, 2025 the City Council introduced the above ordinance for first reading, including the recommendations made by the Planning Commission.

The Ordinance outlines certain development standards and regulations for a BESS facility. Regulations include application procedures, definitions, land use and siting standards, permitting, environmental compliance, safety and certifications, and decommissioning. A requirement for BESS requires the applicant to enter into a Public or Community Benefit Agreement, which may include funding for specific community improvements and amenities. Processing an application for a BESS facility would be via a Development Agreement, a Conditional Use Permit, unless otherwise designated in a specific plan, and a Site Plan and Design Review Permit.

The Ordinance complies with Senate Bill SB38 that requires that each Battery Energy Storage Facility located in the State have an emergency response and emergency action plan that covers the premises of the battery energy storage facility. The owner or operator of the facility, in developing the plan, is required to coordinate with local emergency management agencies, uniform program agencies, and local first response agencies and submit the plan to the City for review.

Fiscal Impact:

There is no cost with the City Council approval of the Zoning Ordinance Amendment.

Attachments:

1. BESS Ordinance No. 800 (Final)

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ORDINANCE NO. 800

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING TABLE 17.06.020-1 (“LAND USE REGULATIONS – INDUSTRIAL & OFFICE ZONES”) WITHIN SECTION 17.060.020 (“LAND USE REGULATIONS”) OF CHAPTER 17.06 (“INDUSTRIAL AND OFFICE ZONE DISTRICTS”) AND ADOPTING CHAPTER 17.40 “BATTERY ENERGY STORAGE SYSTEMS (BESS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE REGULATING BATTERY ENERGY STORAGE SYSTEMS IN M-2 ZONES AND

FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, there is a growing demand for Battery Energy Storage Systems (BESS) in the State of California because of the need for more renewable electricity to meet the state’s clean energy objectives and to ensure the reliability of its electric grid, among other factors; and
WHEREAS, a BESS facility captures energy from the grid, stores it, and later releases it to supply electricity or other grid services when needed, usually during periods of high demand. This process can enhance the reliability and efficiency of the electric grid while also potentially stabilizing power rates; and
WHEREAS, the City of Irwindale (“City Council”) recognizes that the City of Irwindale (“City”) has seen a rise in inquiries and applications for development of BESS facilities; and
WHEREAS, the City recognizes a need to establish adequate policies and standards in place for the development of BESS facilities in order to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment; and
WHEREAS, on February 26, 2025, the City Council reviewed several adopted ordinance from public agencies in California and outside California and directed staff to prepare a BESS Ordinance for Irwindale; and
WHEREAS, on April 23, 2025, the City Council adopted Urgency Ordinance No. 793 to adopt and impose regulations for the development of BESS facilities because the existing provisions of the City of Irwindale Municipal Code did not address battery energy storage facilities. The City Council also adopted Ordinance No. 772, a comprehensive zoning code update, repealing and replacing the entirety of Title 17 of the Irwindale Municipal Code, effective May 9, 2025, which would result in the repeal of Urgency Ordinance No. 793; and
WHEREAS, on May 8, 2025 the City adopted Urgency Ordinance No. 797, to ensure that the City’s BESS regulations remained in place immediately, were consistent

Page 40 of 335 ends

Ordinance No. 800
with the City’s comprehensive Title 17 Zoning Code Update within Ordinance No. 772, and to protect the public safety, health, and welfare of the community; and WHEREAS, the City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the activity in question will have no significant effect on the environment; and
WHEREAS, on June 18, 2025, the Planning Commission held a duly noticed public hearing, as required by law, regarding the proposed Ordinance to receive testimony and other evidence regarding the proposed Ordinance, including without limitation, information to the Planning Commission by City staff; and WHEREAS, on June 18, 2025, the Planning Commission adopted Resolution No. 855(25) recommending that the City Council adopt Ordinance No. 800 with the following recommended changes:

1. Revise Section 17.40.040(A) Location Requirements, to read:

BESS facilities shall not be constructed within 1,000 feet of any residentially zoned property, hospital, or school, measured from the closest property line of each use.

2. Direct staff to perform an analysis on how close a BESS facility shall be to another BESS facility.

3. Revise Section 17.40.040(D) Location Requirements, as follows:

Noise. BESS facilities may operate 24/7, provided that the operation complies with the City’s noise standards as set forth in Chapter 9.28 (Noise). Applicants shall submit equipment and component manufacturer’s noise ratings to demonstrate compliance. At the discretion of the Community Development director, a separate noise study may shall be required along with compliance by the owner/operator with any mitigation measures recommended to ensure compliance with the noise standards.

4. Include a requirement for the BESS operator to have a liability policy in the Ordinance and Development Agreement, which has been added to the Ordinance as section

17.40.080(A):

A. The owner and/or operator of any BESS facility shall maintain for the life of the project and the duration of the use of the facility liability insurance policies in a form and amount approved by the City and as set forth in any development agreement. All costs shall be borne solely by the owner and/or operator.

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Ordinance No. 800
WHEREAS, on July 9, 2025, the City Council held a duly noticed public hearing, as required by law adopting Ordinance No. 800, adding Chapter 17.40 Battery Energy Storage Systems (BESS) to Title 17 (Zoning) of the Irwindale Municipal Code, regulating BESS in M-2 Zones and amending Table 17.06.020-1 (Land Use Regulations – Industrial & Office Zones) within Section 17.060.020 (Land Use Regulations) of Chapter 17.06 (Industrial and Office Zone Districts), including the Planning Commission recommendations; and
WHEREAS, all legal prerequisites for adoption of this ordinance have occurred.

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

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

SECTION 2. Amendment of Comprehensive Zoning Code Update. The following amendments to Title 17 of the Irwindale Municipal Code shall apply to the Comprehensive Zoning Code Update as set forth in Ordinance No. 772, and shall be effective upon the effective date of Ordinance No. 772.

SECTION 3. Amendment of Code. The City Council hereby approves and amends Table 17.06.020-1 (“Land Use Regulations – Industrial & Office Zones”) within Section

17.060.020 (“Land Use Regulations”) of Chapter 17.06 (“Industrial and Office Zone Districts”) of Title 17 (“Zoning”) of the Irwindale Municipal Code which shall now read in its entirety as follows:
“
Table 17.06.020 Land Use Regulations-Industrial and Office Zones “P” = Permitted Use
“M” = Minor
Use Permit
Required
“C” =
Conditional
Use Permit
Required
“-“ = Not
Allowed
Land Use Classifications M-1 M-2 BP
Notes and
Additional
Regulations
Public/Semi-Public Uses
Colleges and Trade Schools P P C
Emergency Shelter C C C
Shall be
consistent
with AB 2339
Hospitals and Clinics - - C
Instructional Classes/Studios P - P
Park and Recreation Facilities P P P

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17.12.070.

Automobile/Vehicle Service and Repair,
Minor
P P -
Automobile/Vehicle Sales and Leasing
(new and used)
P P -
Fueling/Charging Stations (including
alternative fuels)
C C -
Large Vehicle and Equipment Sales,
Service, and Rental
P P -
Automobile /Vehicle Washing P P -
Includes
mobile car
washing. See
Section

17.12.070D.

Towing and Impound C C -
Auto Dismantling and Salvage - - -
Permitted on
Alpha Street
only. See
Chapter 17.10
Auto
Dismantling
Overlay
Zoning

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Ordinance No. 800
Table 17.06.020 Land Use Regulations-Industrial and Office Zones “P” = Permitted Use
“M” = Minor
Use Permit
Required
“C” =
Conditional
Use Permit
Required
“-“ = Not
Allowed
Land Use Classifications M-1 M-2 BP
Notes and
Additional
Regulations
Banks and Financial Institutions See subclassifications below Banks and Credit Unions - - P
Check-Cashing Businesses - - P
Business Support Services P P P
Commercial Entertainment and
Recreation See subclassifications below
Cinema/Theaters C - C
Indoor Sports and Recreation C C M
Outdoor Sports and Recreation C C C
Instructional Classes/Studios P - P
Eating and Drinking Establishments See subclassifications below Bars/Night Clubs/Lounges C - C
Restaurant P P P
Farmer’s Markets M M M
Catering P P P
Funeral Parlors and Interment Services C C -
Hotels C C C
Appliance Maintenance and Repair
Services
P P P
Mobile Food Vendor See Section 17.12.160, Mobile Food Vending Nurseries and Garden Centers P P P
Offices See subclassifications below
Business, Professional, and Technology P P P
Medical and Dental P P P
Personal Services See subclassifications below
General Personal Services P P P
Massage Establishments - - C

Page 44 of 335 ends

17.40 Battery
Energy
Storage
Systems
(BESS)
Cannabis-Related Industrial See subclassifications below Cannabis Indoor Commercial
Cultivation
Facility
- - -
Cannabis Laboratory Materials Testing
Facility
- - -
Cannabis Manufacturing Facility - - -
Wholesale Cannabis Logistics,
Distribution, and Transportation
Facility
- - -
Construction and Material Yards P P -
Custom and Artisan Manufacturing P P -
Donation Center/Station C C -

Page 45 of 335 ends

17.20,
Performance
Standards
Light Manufacturing P P P
Heavy Manufacturing - P C
Research and Development P P P
Materials Recovery Facility - C -
Subject to
Development
Agreement
approved by
the City
Indoor Warehousing, Storage and
Wholesaling and Distribution
P P P
Outdoor Storage - M -
Incidental use
outside
building.

Personal Storage C C -
Transportation, Communication, and Utility Uses
Airports and Heliports - C -
Communication Facilities Within
Buildings
P P P
Wireless Telecommunications See Section 17.12.260, Wireless Telecommunications Facilities
Freight/Trucking Facilities - C -
Light Fleet-Based Services M M -
Professional Fleet-Based Services - P -
Public Works and Utilities C C -
Recycling Facility See subclassifications below
Reverse Vending Machine (incidental
to other retail use)
C C -
Recycling Collection Facility
- C -

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Ordinance No. 800
Table 17.06.020 Land Use Regulations-Industrial and Office Zones “P” = Permitted Use
“M” = Minor
Use Permit
Required
“C” =
Conditional
Use Permit
Required
“-“ = Not
Allowed
Land Use Classifications M-1 M-2 BP
Notes and
Additional
Regulations
Recycling Processing Facility
- C -
Agricultural and Extractive Uses
Commercial Nursery
M M -
Surface Mining Operations
- C
-
See Surface
Mining,
Chapter 17.21
Additional Uses
Accessory Uses and Structures See Section 17.12.040, Accessory Uses and Structures Electric Vehicle Parking See Section 17.16.070.D, Electric Vehicle Charging Stations Nonconforming Uses and Structures
See Chapter 17.18, Nonconforming Uses, Sites, and
Buildings
Outdoor Dining and Seating See Section 17.12.190, Outdoor Dining and Seating Solar Energy Systems See Section 17.12.220, Solar Energy Systems.

Temporary Uses See Section 17.12.230, Temporary Uses.
“
SECTION 4. Adoption of Code. The City Council hereby adopts and adds a new Chapter 17.40, entitled “Battery Energy Storage Systems (BESS)” to Title 17, entitled “Zoning,” of the Irwindale Municipal Code to read in its entirety as follows:
“CHAPTER 17.40 - Battery Energy Storage Systems (BESS)” Contents:

17.40.010 Purpose

17.40.020 Applicability

17.40.030 Definitions

17.40.040 Development Standards

17.40.050 Required Findings

17.40.060 Conditions of Approval

17.40.070 Emergency Response and Action Plan

17.40.080 Financial Assurance

17.40.090 Decommissioning

17.40.100 Change of Ownership

17.40.110 Abandonment

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Ordinance No. 800

17.40.010 – Purpose– The purpose of this chapter is to provide the means to regulate the development of utility-scale Battery Energy Storage Systems (BESS) in certain areas of the City. The regulations herein are intended to protect the health, welfare and safety of the general public, to ensure compatible uses of land in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.

17.40.020 – Applicability – The provisions of this chapter shall apply to all utilityscale Battery Energy Storage Systems (BESS) permitted, installed, or modified within the City of Irwindale, after the effective date of this ordinance. Modifications to, retrofits, or replacements, excluding general maintenance and repair, of any part of a BESS facility shall also be subject to this Chapter.

BESS facilities shall only be developed within M-2 zones. In addition to this Chapter, all applications for BESS facilities shall be subject to a conditional use permit pursuant to Chapter 17.28 or incorporated into a specific plan, a development agreement pursuant to Chapter 17.34, and Site Plan and Design Review pursuant to Chapter 17.27.

17.40.030 – Definitions
A. “Battery Energy Storage System” or “BESS”: A battery energy storage system that is a utility-scale engineered system of electrical devices and equipment that enable electric energy, such as energy generated from renewable energy sources, like solar and wind, to be stored and then released when the power is needed. Utility-scale BESS facilities are intended primarily to interact with the electric grid and are not intended to serve a specific end user.

17.40.040 – Development Standards
All applications for BESS facilities shall be subject to Site Plan and Design Review, pursuant to Chapter 17.27. In addition to those requirements set forth in this chapter, and which the Planning Commission or City Council may otherwise impose, all BESS developments shall comply with the site design requirements set forth below:

A. Location Requirements.

1. BESS facilities shall not be constructed within 1,000 feet of any residentially zoned property, hospital, or school,
measured from the closest property line of each use.

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Ordinance No. 800

2. BESS facilities shall not be constructed further than 1 mile from the connecting utility measured from the nearest point of each parcel boundary.

3. Staff shall perform an analysis on how close a BESS facility shall be to another BESS facility.

B. Development Requirements.

1. BESS facilities shall be subject to Site Plan and Design Review pursuant to Chapter 17.70 of the IMC and comply with all applicable standards of the Building Code, the adopted Fire Code, and any Los Angeles County Fire Department
requirements, as amended from time to time. Battery module enclosures and associated electrical equipment are not
subject to the City’s Commercial and Industrial Design
Guidelines.

2. All BESS components and mechanical equipment must be enclosed by a minimum 10-foot-high non-scalable perimeter solid wall. Perimeter walls shall be a minimum of 10-feet high and consist of either decorative concrete masonry block or decorative concrete tilt-up walls consistent with the City’s Commercial/Industrial Design Guidelines.

3. Height requirements for BESS units shall adhere to a maximum of 12-feet for the equipment itself and 15-feet for the overall building height. These limits shall not apply to the project substation. Vertical stacking of BESS units shall not be permitted.

4. BESS facility utilities and transmission lines shall be installed underground, except when written approval is otherwise
granted by the City. Any required above-ground
interconnectivity shall be subject to a zone variance.

5. The ground surface of a BESS facility shall be covered with gravel, asphalt, concrete, and other compatible materials. All driveways and pathways between battery energy storage
system structures, and any other associated pad-mounted structures, shall contain pervious pavement or similar material.

6. A BESS facility may include, but is not required to include, a single-story warehouse-type Operations and Maintenance
(O&M) building for storage of parts used for maintenance. Any

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Ordinance No. 800
such single-story warehouse-type building shall be consistent with the City’s Commercial/Industrial design guidelines.

7. BESS facilities must be set back at least 50-feet from all side, rear, and front lot lines. Access drives and parking may be situated within these setback areas. Additionally, all buildings must have a minimum clearance of 12-feet between BESS
components and all buildings, and other exposure hazards unrelated to electrical grid infrastructure.

8. Onsite lighting shall be required for safety and operational purposes. Light fixtures shall not exceed a height of 35-feet.

9. The maximum height of BESS Substation Dead-end Structure shall be 65-feet. The dead-end structure is the onsite
substation termination of the transmission line and highest structure for the onsite substation.

10. Prior to the issuance of a building permit, a Comprehensive Sign Program shall be approved by the City. Adequate safety and informational signage shall be posted in clearly visible areas in and around the BESS area and all access points in compliance with City requirements.

C. Parking & Access.

1. Parking and access shall be provided for vehicles consistent with the requirements of Chapter 17.64.

2. Vehicle barriers such as bollards shall be installed to minimize the potential of collision with the BESS facility, as may be required by the City Engineer.

3. Proper emergency access to each BESS facility shall be maintained according to LA County Fire requirements, and an emergency plan for the facility must be submitted to the City’s Engineering Department for approval.

D. Noise. BESS facilities may operate 24/7, provided that the operation complies with the City’s noise standards as set forth in Chapter 9.28 (Noise). Applicants shall submit equipment and component manufacturer’s noise ratings to demonstrate compliance. At the discretion of the Community Development director, a separate noise study shall be required along with compliance by the owner/operator with any mitigation measures recommended to ensure compliance with the noise standards.

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Ordinance No. 800
E. Landscaping. The listed requirements shall apply to all site improvements regarding the landscape around the BESS facility:

1. A minimum of 10% of the site shall be landscaped.

2. Landscaping or vegetation is not permitted within the screen walls surrounding the BESS units.

3. Required Areas: All setbacks, parkways, open areas, plazas, paseos, and non-work areas outside of the screen walls that are visible from a public street/alley or from a parking lot available to the general public shall be landscaped.

4. Landscape Coverage Requirement: Shrubs, groundcover and other plant material shall cover all areas outside of the screen walls that are visible from a public street/alley or from a parking lot available to the general public and that are not occupied by structures, parking areas, storage, trash
enclosures, driveways, and sidewalks at the time of issuance of a Certificate of Occupancy. Embellished pavement,
fountains, and similar hardscape materials may, in part, be substituted for the required landscaping through the site plan and design review process.

5. Parkway-Adjacent Planting and Maintenance: Parkways
located between the sidewalk and the edge of development shall meet the following requirements:
(i) The ground surface shall contain shrubs, mulch, or ground cover designed to provide coverage within two years of
planting.
(ii) If a wall or fence separates the development from the street, planning vines or espalier shrubs shall be incorporated into the planning design.

6. Required Landscaping for Loading Aeras: Loading areas shall incorporate landscaping to provide screening if visible from the public right-of-way, adjacent non-industrial uses, or pedestrians.

7. Trees: Perimeter landscaping shall include one street tree for each 30 lineal feet of street frontage.

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Ordinance No. 800

8. Trees: All trees planted along a street frontage shall be of a minimum 15-gallon size. All other trees planted shall be of a minimum 5-fallon size or have a brown trunk height of 3-feet.

17.40.050 – Required Findings – In addition to the findings required by Chapter

17.70, the Planning Commission and City Council shall make the following findings for a BESS development project:

A. The proposed use will not adversely affect nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed BESS to residential districts, educational institutions, nursery schools, day camps, day care centers, public parks, playgrounds, places of worship or hospitals.

B. The construction and operation of the facility will have an overall net positive economic benefit to the City. For purposes of this subsection, economic benefits may include, but are not limited to, any of the following:

1. Employment growth;

2. Housing development;

3. Infrastructure and environmental improvements;

4. Assistance to public schools and education;

5. Assistance to City’s public safety departments and/or other City departments;

6. Property taxes and sales and use tax revenues;

7. Any other economic benefit that the City, in its sole discretion, determines meets the intent of this provision.

17.40.060 – Conditions of Approval – The following conditions of approval shall be included in any conditional use permit and shall be applicable to any other battery energy storage system governed by a specific plan.

A. BESS facilities shall not store any products, goods, materials, containers, combustible materials, hazardous materials, or high-piled storage on site at any time, unless otherwise subject to a conditional use permit.

B. The construction of a BESS facility, installation, or modification is allowed only upon approval by the City of a development agreement with appropriate standards and public benefits to be negotiated with the City and complying with all other standards imposed by this Chapter.

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Ordinance No. 800
C. With respect to a conditional use permit, any other conditions as may be reasonably imposed by the Planning Commission or City Council.

17.40.070 - Emergency Response and Action Plan
A. All BESS facilities located in California are required to develop an emergency response and emergency action pursuant to Section 761.3 of the Public Utilities Code as amended from time to time, in collaboration with local emergency response agencies. A copy of the approved emergency operations plan shall be given to the system owner and/or operator, and the fire marshal. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire officials, and emergency responders. The emergency operations plan shall include the following information:

1. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to
reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency
conditions.

2. Procedures for inspection and testing of associated alarms, interlocks, and controls.

3. Procedures to be followed in response to notifications from the battery management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to emergency
personnel for potentially hazardous conditions in the event of a system failure.

4. Emergency procedures to be followed in case of fire, explosions, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions.

Procedures may include sounding the alarm, notifying the fire district, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

5. Procedures for dealing with battery energy storage facility equipment damaged in a fire or other emergency event,
including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

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Ordinance No. 800

6. Other procedures as determined necessary by city officials to provide for the safety of neighboring properties and
emergency responders.

7. Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

17.40.080 – Insurance and Financial Assurance Requirements A. The owner and/or operator of any BESS facility shall maintain for the life of the project and the duration of the use of the facility liability insurance policies in a form and amount approved by the City and as set forth in any development agreement. All costs shall be borne solely by the owner and/or operator.

B. To ensure the safe decommissioning of a BESS facility, upon the issuance of a temporary occupancy permit or occupancy permit, the owner and/or operator of the battery energy storage facility shall continuously maintain a financial assurance or security, payable to the city, in a form and amount approved by the city, and in an amount reasonably determined adequate to perform the removal of the battery energy storage facility. The financial assurance shall be maintained for the duration of the use of the facility. All costs shall be borne solely by the owner and/or operator.

C. The amount of financial assurances shall be adjusted every three (3) years to account for any increase or decrease in costs. The operator shall submit written revisions to financial assurances to the public works director each year, thirty days prior to the anniversary date of the initial financial assurances approved by the city. If written revisions to the financial assurances are not provided, the operator shall explain, in writing, thirty days prior to such anniversary date, why revisions were not necessary. The public works director may require further revisions and/or explanation from the operator if the submission is found to be inadequate.

17.40.090 – Decommissioning
A. Decommissioning Plan – Prior to issuance of any permits related to decommissioning activities, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The decommissioning plan should also include, but not be limited to, the following:

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Ordinance No. 800

1. Narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

2. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

3. The anticipated life of the battery energy storage system;

4. The estimated decommissioning costs and how the estimate was determined.

5. The method of ensuring that funds will be available for decommissioning and restoration.

6. The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage facility, such as structural elements, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the facility is removed.

7. A listing of any contingencies for removing an intact operational battery energy storage system unit(s) from
service, and for removing a battery energy storage system(s) unit from service that has been damaged by a fire or other event.

8. The owner and/or operator of the battery energy storage facility shall implement the decommissioning plan upon
abandonment and/or in conjunction with removal of the
facility.

9. The manner in which the battery energy storage system will be decommissioned, and the site restored, including a
description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during
decommissioning and confirmed as being acceptable after the system is removed; and

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Ordinance No. 800

10. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

11. The applicant is in compliance with section 17.140.070.

17.40.100 - Change of Ownership – If the owner of a battery energy storage system facility is proposed to change, the owner shall notify the City Manager of the proposed change in ownership at least ninety (90) calendar days prior to the proposed ownership change. Approval by the City Manager shall be required but shall not be unreasonably withheld. In providing that approval, the City Manager may, in his/her reasonable discretion, request information about the new owner to ensure that the new owner has the financial capability and expertise to assume all obligations established and applicable to the battery energy storage system facility, as set forth in any applicable development agreement, conditional use permit, site plan and design review approval, decommissioning plan, and all related financial responsibilities. The owner and/or new owner shall provide, within ten (10) calendar days, any and all information from the date of the City Manager’s request. If the change in ownership is approved by the City Manager, the owner, new owner, and City Manager shall execute and record an Assignment and Assumption Agreement, or other form approved by the City Attorney, to formally approve and consent to the change in ownership. No change in ownership shall be effective until such Assignment and Assumption Agreement, or other form approved by the City Attorney, is executed by all parties (with the City Manager on behalf of the City) and recorded.

SECTION 5. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the amendment to the Municipal Code provided for in this Ordinance will not have a significant effect on the environment. There is no possibility that the proposed ordinance, as a textual change to the Municipal Code, may have a significant impact on the physical environment (Section 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.

SECTION 6. 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.

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Ordinance No. 800
SECTION 7. Publication and Effective Date. The City Clerk shall certify this Ordinance on behalf of the City of Irwindale forthwith upon its adoption and shall cause it to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 9th day of July, 2025.
_____________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 800 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on July 9, 2025, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on July 23, 2024, and was carried by the following roll-call vote of the Council:

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. 800 adopted by the City Council of the City of Irwindale at its regular

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Ordinance No. 800
meeting held July 23, 2025, to be posted at the City Hall, Library, and Post Office on July 24, 2025.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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Item #11.F.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Fee Waiver for Irwindale Chamber of Commerce's E-Waste Event City Manager's Recommendation:

Adopt Resolution No. 2025-70-3658 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, APPROVING A FEE WAIVER FOR THE SPECIAL EVENT PERMIT APPLICATION FEE FOR THE E-WASTE RECYCLING EVENT ON JULY 26-27, 2025".

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Randy Silva, Senior Code Enforcement Officer
Electronically Approved
Reviewed by:

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

Julian A. Miranda, City Manager

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Background and Analysis:

Irwindale Chamber of Commerce is requesting a fee waiver and plans to have their “E-Waste Recycling Event” taking place on Saturday, July 26, 2025, and Sunday, July 27, 2025, at 5155 Irwindale Avenue from 9:00 a.m. – 3:00 p.m. This event will provide a free opportunity open to the local businesses and community to safely recycle their old electronics and divert e-waste from the landfills.

In order for Irwindale Chamber of Commerce to host this event, the City of Irwindale requires a Special Event Permit, which includes a fee of $150.00 for non-profit organizations. Irwindale Chamber of Commerce has paid the required Special Event Permit application of $150.00, and this permit will be issued prior to the event date.

On July 15, 2025, Irwindale Chamber of Commerce submitted a Fee Waiver request for the Special Event Permit application fee of $150.00 to make this event possible.

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

In accordance with the approved "City of Irwindale Fee Adjustment Policy." This event qualifies for a fee waiver according to Section I, subsection H. "Any other fee the City may deem necessary to achieve the stated goals of this Policy" and Section II, subsection (2) (a), as this event will "Benefit the community.” Irwindale Chamber of Commerce is a non-profit organization, and the recycling event provides a public benefit by providing a free drive-thru e-waste recycling event for the community.

Fiscal Impact:

The approval of this item will result in a total fee waiver of $150.00.

Attachments:

1. CC Irwindale Chamber of Commerce Resolution 2025-70-3658 (Attachment A) (2022452.1)

2. Letter - E-Waste SEP Fee Waiver(Attachment B)

3. Irwindale Chamber SEP 05-2025(Attachment C)

4. Irwindale Chamber E-Waste - Fee Adjustment Policy (Attachment D & E)

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Resolution No. 2025-70-3658

Page 1 ends

01005.0001 2022452.1
RESOLUTION NO. 2025-70-3658

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A FEE WAIVER FOR THE SPECIAL EVENT PERMIT
APPLICATION FEE FOR THE E-WASTE RECYCLING EVENT ON July 26-27, 2025
WHEREAS, the Irwindale Chamber of Commerce, the Applicant, submitted a Special Event Permit application to the Community Development Department on July 15, 2025, for a special event “SEP 05-2025 E-Waste Recycling Event” taking place on Saturday, July 26, 2025, and Sunday, July 27, 2025; and
WHEREAS, the E-Waste Recycling Event is a community benefit event for local residents and businesses to safely recycle e-waste. The Applicant is required under Irwindale Municipal Code (IMC) Section 17.88.020 (14) “Special Promotions” to have a Special Event Permit; and
WHEREAS, the Applicant, being a non-profit community-based organization within the City is holding a community event which qualifies for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy; and
WHEREAS, the drive through e-waste recycling event will include pallets, tables, tents and directional sandwich signs onsite at Absolute Security located at 5155 Irwindale Avenue. Items will be collected and taken to a licensed ewaste recycling facility. It is anticipated that attendance will reach about 100 people each day; and
WHEREAS, the event qualifies for and the City Council desires to waive the $150.00 Special Event Permit Application fee in accordance with the City of Irwindale Fee Adjustment Policy because the Chamber of Commerce is a nonprofit organization and the event provides a public benefit by providing a free drivethru e-waste recycling event for the community.

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

CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS
FOLLOWS:

SECTION 1. The City Council hereby approves the fee waiver Special Event Permit Application for the special event “SEP 05-2025 E-Waste Recycling Event” e-waste recycling event taking place on July 26-27, 2025.

Attachment A

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Resolution No. 2025-70-3658

Page 2 ends

01005.0001 2022452.1
SECTION 2. The City Council finds that waiving the Special Event Permit Application fee of $150.00 for this special event “SEP 05-2025 E-Waste Recycling Event” serves a public benefit to the community by providing a free drive-thru e-waste recycling event.

SECTION 3. Based on the above finding, the City Council hereby approves the City of Irwindale Application for Fee Adjustment and hereby waives the Special Event Permit Application fee of $150.00.

SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 23rd day of July, 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. 2025-70-3658 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________________________
Laura M. Nieto, MMC

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Resolution No. 2025-70-3658

Page 3 ends

01005.0001 2022452.1
Chief Deputy City Clerk

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Irwindale Chamber of Commerce
5155 Irwindale Ave * PO Box 2307 * Irwindale, California 91706 (626) 385 - 0611 * www.irwindalechamber.org
July 14, 2025
City Council
City of Irwindale
5050 Irwindale Avenue
Irwindale, CA 91706
Dear City Council,
The Irwindale Chamber of Commerce would like to request a fee waiver in the amount of $150.00 for our E-Waste Recycling Event’s Special Event Permit Application. The event will take place on July 26 and 27, 2025 at the Absolute International Security parking lot.

This event will benefit the community by providing residents, local businesses and community members an opportunity to safely recycle their old electronics.

Thank you for your consideration.

Sincerely,
Ashley Bendanillo
Communications Coordinator/Staff Assistant
Irwindale Chamber of Commerce
[email protected]
Tel: 626.385.0611

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)
1 Vendor for this event: ATTAN Recycling Company (13941 Norton Ave. Ste. D. Chino, CA 91710) (626) 290-6499

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Special Event Permit Application
Revised 0 / /2022 Page 3
Minimum Requirement Checklist For SEP Filing

1. Completed Special Event Permit Application – Signed by applicant and property owner.

2. Completed and signed by applicant – “Indemnification Clause for Special Event Permit.” (SEP Application Page 2).

3. Attach a detailed site plan of the event; plan should include the following information (if applicable):

Location of all temporary equipment
Vendor Locations
Parking site (Including lane access and exists)

4. Special Event Application fee. SEP application cannot be accepted and processed until required fee is paid.

5. The applicant shall require all vendors that are expected to make any taxable sales transactions at this Irwindale event to complete form BOR-530-B REV. 4 (10-98) LOCAL TAX ALLOCATION FOR TEMPORARY SALES LOCATIONS AND CERTAIN AUCTIONEERS, and to submit the completed form to the California State Board of Equalization.

6. The event organizer and all event vendors are required to obtain a City of Irwindale business license. Business license applications must be filed online and have all fees paid prior to the event. Contact (626)430-2252 for additional information. Apply online at http://www.irwindaleca.gov/index.aspx?NID=186.

7. The County of Los Angeles Public Health Department requires that the event organizer and all food vendors (including restaurants) participating in the event must obtain a Temporary Food Facility (TFF) permit.

LA County Department of Public Health, Environmental Health Division: http://www.publichealth.lacounty.gov/eh/ Additional Requirements For Irwindale Speedway & Event Center (aka Irwindale Speedway) Filing

8. All Special Events shall be pre-approved by the City and shall take place in City-approved areas within the Irwindale Speedway & Event Center site.

9. Attach a detailed site plan of the event; plan should include the following information (if applicable) :

The base for this required site plan shall be the Irwindale Speedway & Event Center Site Plan of Record that was approved by the City or a clear aerial image of the entire site.

Description of the parking layout, vehicle circulation details, on-site traffic signage details, and drag strip layout for review and approval by the Planning Department, Public Works/Engineering Department and by the Police Department.

10.Please Note: If the SEP application for proposed IEC event is submitted less than twenty (20) calendar days before the event, Applicant shall pay an additional fee of $250.00 for each day the application is late. No SEP applications will be processed if submitted less than ten (10) days in advance.

City Required Accounting For All Admissions And Parking Fees Collected

11.In accordance with Irwindale Municipal Code Section 3.04 the City charges an admissions tax upon every person who pays an admission charge to any place located in the City limits. All Special Events that are charging an admissions fee are required to pay, along with other required application fees, an Admissions Tax deposit equal to 3% of the projected gross income for the proposed event.

12. On or before the 15th day of the month following the special event, the applicant will give an accounting to the City of all taxable admissions and parking fees collected for the special event by submittal of the completed “Admisisons Tax Monthly Report” form. The Admissions Tax deposit received will be credited towards any additional taxes owed. The form can be found online on the City’s website under “Planning” at http://www.irwindaleca.gov/.

Cancellation Policy

1. Should Event Organizer, for any reason, need to cancel their event; they must provide a written notice of cancellation and must be received in our office no later than ten (10) days prior to the event start date. Cancellations must be in written form; verbal cancellations will not be accepted.

2. Please keep in mind that Permit Fees are non-refundable. It is also possible that fees related to Police, Security, and/or Crossing Guard Services will still be incurred.

Additional Information
The City of Irwindale requires a Certificate of Insurance (COI) which must reflect the following.

General liability insurance. Permitee 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 contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. The City of Irwindale, its officers, officials, agents, and employees shall be included as additional insureds on the policy.

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Special Event Permit Application
Revised 0 / /2022 Page 4
Workers’ Compensation with limits of $1 million (Required if the insured has paid employees) Liquor Liability required if alcohol will be consumed at the event The Description of Operations/Locations, etc. section must include the name of, the location of and the date(s) of the proposed special event.

The Certificate Holder section must reflect:

City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Endorsements: In addition to the certificate of insurance, the City of Irwindale requires an Additional Insured Endorsement page naming “The City of Irwindale, its elected officials, representatives, employees and agents” as additional insured and “The policy is endorsed with the Waiver of Subrogation in favor of the City of Irwindale, its elected officials, representatives, employees and agents.” You must provide a copy of the actual endorsement. Listing the City as an additional insured on the COI is not sufficient.

Policy must be issued by an admitted insurer licensed to transact business in the State of California and by an insurer assigned an A.M. Best Rating “Excellent” or better.

This event may be subject to permits, conditions and requirements imposed by other agencies. The City of Irwindale will not issue a special/temporary permit until all applicable permits from the following agencies have been applied for:

City of Irwindale Building & Safety Department (626) 430-2205 City of Irwindale Police Department (626) 430-2244, ext. 241 Los Angeles County Fire Department (626) 574-0949
Los Angeles County Health Department (626) 813-3380
Upon review of Applicant’s application, the City Manager will impose such fees, terms, conditions and restrictions upon the operation and conduct of the special event or temporary use.

Required Fee With Application Submittal
$150 Irwindale resident SEP application fee.
$150 Non-Profit/Charitable Organization SEP application fee. A Non-Profit/Charitable Organization that holds a valid designation under 26 USC 501(c)(3) or its successor.
$500 SEP application fee if application is submitted 20 days or more in advance of the event.

Late Fee: If the SEP application is submitted less than twenty (20) calendar days before the event, applicant shall pay an additional fee of $250.00 for each day the application is late. No SEP applications will be processed if submitted less than ten (10) days in advance.

This section is for City of Irwindale’s Use Only.

File No(s): Permit No.:

Received By: Receipt No.:

Date: Filing Fee:

Departmental Approvals Date Date
Human Resources/Risk Management Business License
Building & Public Safety Police Department
Public Works Engineering Fire Department
Public Works Services
SEP 05-2025
Randy Silva
07/15/2025 $150.00 Check # 1496
00178088

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Special Event Permit Application
Revised 0 / /2022 Page 5
Special Event and Temporary Use Permit
Building and Safety Department checklist
Please provide the following on your site plan.

Answer the questionnaire at the column to the right. Where “YES” is checked, please contact Building & Safety at (626)430-2205. Items below may be subject to City permit approvals and inspections by the local building inspector.

Is parking provided? YES NO
Requires accessible parking stall(s)
Permanent restroom facility available for the public? YES NO Requires accessible restroom
Portable restrooms provided? YES NO
Requires accessible portable restroom

GRANDSTAND, STAGE, PLATFORM
Elevated more than 30 inches above finished floor or ground? YES NO

TENT/CANOPY
Larger than 120 square feet? YES NO
Larger than 4,500 square feet? YES NO
STRUCTURES (I.E. SPEAKERS, CANOPIES, ETC.)
Greater than 12 feet in height? YES NO

PLUMBING, ELECTRICAL, MECHANICAL
Any proposed work related to plumbing, mechanical, and/or electrical? YES NO

PARKING LAYOUT

RESTROOM

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Standard Operating Procedure
Electronic Waste Collection Event
Traffic Management Plan
Event Date: (Saturday & Sunday)
Event Time: From 9:00 am to 3:00 pm
Event Location: Absolute Security International (ICOC Parking Lot) 5155 Irwindale Ave.

Irwindale, CA 91706
The following is a Standard Operating Procedure developed for the purpose to maximize efficiency in the operation process of our electronic waste [e-waste] collection event, and more importantly to ensure the safety of the community and participants partaking in this event. This Standard Operating Procedure will include a complete Traffic Management Plan (Traffic Flow and Layout), Event Operation and Logistic.

Traffic Management Plan
Our Traffic Management Plan establishes and outlines the activities that occur during our collection event, and procedures in which our staff takes during the event in order to ensure the success and safety of our collection event.
1) This electronic waste recycling event is a drive-thru event where participants do not need to leave their vehicles.
2) It is essential that the participating vehicles do not disrupt the regular on-going traffic within the parking lot and streets surrounding the event site. Thus, we developed the actual area of drop-off at the most convenient and safest possible location that minimizes traffic congestion and possibility of accidents.
3) Our event layout includes floor signs clearly indicating an entrance and exit way for participating vehicles to follow along with our cones. We will have 3x directional floor signs and 2x enter/exit signs at the collection event.
4)
5) te of California
mandatory end-user verification form (198 Log) that requires participants provide their residency information to the state and verify their e-waste donations and discards. Event staffs will also, at this juncture, collect and unload all e-products intended for disposal, while participants complete their mandatory information to the state. a. Upon arrival at the "Receiving Area" participants will remain in their vehicles and our staff will unload the electronic devices they have within their vehicle. b. The unloading of electronic devices and verification will take approximately 30 seconds to 1 minute per vehicle, depending on the amount and volume of the devices within the vehicle.

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Traffic Management Plan Continued
6) The "Receiving Area" will take up 6 parking stalls worth of space. a. 4 stalls will be allocated to pallets/gaylord boxes to organize e-devices b. 2 stalls will be allocated to event equipment and supplies c. The dimensions of each stall is approximately 9 feet by 18 feet, which makes it 162 square feet. Therefore the total dimension required for the "Receiving Area" is approximately 972 square feet.
7) Orange traffic cones will be used to reinforce the directions and divisions of lanes leading up to the drop- on the "event site close up" picture).
a. Orange traffic comes serve as a dividing line to split the lane into two so that participants and oncoming traffic do not interfere with one another. b. We will only occupy and set up our "Receiving Area" one side rather than both sides (same as the picture on the right side under "event site close-up") i. The other side of the lane will be free to ongoing traffic as to not cause traffic congestion or interference with ongoing traffic flow. 8) Upon completion of unloading the e-waste donations and verifying participant residency information, participants are directed to exit our receiving area and into the remainder of the parking lot.
9) This event and our receiving area will not impede on the ongoing activities and traffic of the current commercial store fronts.

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Standard Operating Procedure
For Electronic Waste Collection Event
Traffic Management Plan
Event Site Overview:

Event Site Close-up: Example set-up
For demonstration of lane splitting with traffic cones
(2 side setup does not apply to this event)
Receiving Area setup for this Event (1 side setup only)

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Standard Operating Procedure
For E-Waste Collection Event
Event Operation (Staff, Supplies and Equipment) and Logistic Aside from the pre-promotional effort by the administrative group, adequate professional staffs and equipment are also key elements that will determine an efficient and successful operation.

The event requires a collective effort of the entire team, from the traffic controllers, to the unloading and packing personnel, equipment operators, and sign in team. It is the entire group effort that will ensure a well-organized, well-executed, and most importantly a safe operation.

The following are essential lists of staff, equipment, supplies required for the event:

Event Staff
1) Coordinator (1)
2) Unloading and packing personnel (1-2)
3) Driver/Equipment operators (1-2)
Supplies and Equipment
1) 53 ft. Truck with Back-lift (Optional)
2) 30 ft. Truck with Back-lift (1-2) - on rotation and will not remain on event site 3) Orange Traffic Cones (10)
4) Entrance and Exit Sandwich Signage (2)
5) Pallet Jack (1)
6) Pallets, Gaylord Boxes (30 of Each)
7) Shrink Wrap (3-5 Boxes)
8) Fire Extinguishers (2)
9) First Aid Kits (1)
10) EZ-up Tents (1-2)
11) Chairs (1-2)
Actual event hours start at 9:00am and lasts until 3:00pm. Our even staff and Truck(s) with supplies and equipment will be on premise at 8:30 am to set up. The event closing and clean up, however, will depend upon the volume of e-waste that we collect.

All e-waste identified as Cathode Ray Tube/Cover Electronic Waste (CRT/CEW) including; television monitors and computer monitors will be palletized and shrink wrapped, then immediately loaded onto our company trucks once the pallets are filled. Other Electronics such as computer towers will also be separately palletized and shrink wrapped as well. While the smaller electronics and household products identified as Other Electronics such as keyboards, cell phones, motherboards, home entertainment systems, household appliances and lose electronic devices will be placed into Gaylord boxes (on top of pallets) and loaded onto our trucks once they are full. The e-waste will be transported directly to ARC recycling facility and undergo the recycling process.

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City of Irwindale
Fee Adjustment Policy
The City of Irwindale would like to encourage investment in community events, as well as development and improvements to facilities used by local, not-for-profit or charitable organizations which cater to the residents and businesses of the City. To achieve this goal, the City is implementing this Fee Adjustment Policy to provide cost reduction for those non-profit organization applicants, which a.re talcing action to improve and develop their properties and/or the community. Additionally, the City would like to encourage individuals to improve their residential properties and acknowledges that certain incentives may be necessary to accomplish certain improvements, such as adjustments to applicable permit fees. This policy is based on the premise that, in exchange for improvements to property, the community and structures within the City, the City may provide relief from some of the costs associated with building improvements, developments and community events occurring in the City.

I. ADJUSTMENTS ARE AVAILABLE FOR THE FOLLOWING FEES
To achieve the City's goal of encouraging community events, building improvements and development in the City, the following fees are available for waiver or reduction in an amount deemed appropriate by the City Council pursuant to the criteria in this Policy:

A. Building permits
B. Plan check fees
C. Conditional use permit
D. Development permits
E. Electric permit
F. Plumbing permit
G. Grading pe1mit
H. Any other fee the City may deem necessary to achieve the stated goals of this Policy
II. CRITERIA FOR CONSIDERATION
The City Council may grant fee waivers or reductions of fees for applicants who directly or indirectly invest money in the City, when such waiver or reduction would serve a public purpose.

The following criteria must be established to qualify for a fee waiver or fee reduction:

1. Applicants for fee waivers or reductions must be:
a. Recognized by the Internal Revenue Service as a not-for-profit organization or charitable organization, or
b. Property owners or prospective owners within the City.

2. Fee waivers or reductions may be granted for improvements or developments within City limits that can be shown, tlu·ough docwnentary proof, to meet the criteria of subsection

2.a or 2.b below:
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1 Attachment D

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a.
b.

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

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

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

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

1. health care;

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

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

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(626) 858-7188
Special Event Permit Application Fee of $150.00
Absolute International Security
5155 Irwindale Ave., Irwindale, CA, 91706
Absolute International Security Parking Lot (5155 Irwindale Ave., Irwindale, CA, 91706) Drive-thru E-Waste Recycling Event, a free event open to the community.

Benefit the Community: Supplying residents, local businesses and community members an opportunity to safely recycle their old electronics.

Irwindale Chamber of Commerce, a 501c(6) non-profit organization Attachment E

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Item #11.G.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Professional contract for PlaceWorks, Inc. – CEQA services for property located at 5555 Irwindale Avenue
City Manager's Recommendation:

That the City Council approve the attached contract with PlaceWorks, Inc., for the preparation of an environmental assessment for property located at 5555 Irwindale Avenue, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Brandi Simpson, Senior Planner
Reviewed by:

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

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Julian A. Miranda, City Manager
Background and Analysis:

Ware Malcomb the Applicant, submitted a request for the construction of two (2) speculative industrial/warehouse buildings totaling ±479,260 square feet with associated standard vehicle and trailer parking for property located at 5555 Irwindale Avenue (APN: 8619-002-034), in the M-2 (Heavy Manufacturing) zone (Project). The application includes requests for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for discretionary land use entitlements.

After soliciting proposals through a Request for Proposals process, Planning Staff reviewed seven (7) proposals from consulting firms, interviewed the seven (7) consulting firms, and is now recommending the retention of PlaceWorks, Inc. to complete the CEQA work necessary to evaluate the Project. The Contract Services Agreement with PlaceWorks, Inc. is for an amount not to exceed $345,003.00 and is attached with this report. An Environmental Impact Report (EIR) will be prepared by PlaceWorks, Inc.

Fiscal Impact:

The City's General Fund will not be impacted. Pursuant to the Reimbursement Agreement with the Applicant, the Applicant has agreed to reimburse the City of all costs and expenses incurred by the City related to the services agreed to in the Agreement for Contract Services with PlaceWorks, Inc. The Reimbursement Agreement requires a deposit account wherein Applicant will make deposits of amounts to cover all costs and expenses of work done by PlaceWorks, Inc., any other consultant retained for the Project, and the City Attorney’s office for work related to the land use entitlements.

Attachments:

1. 5555 Irwindale Contract Svcs Agmt - PlaceWorks (Final)

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ATTACHMENT “A”

AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND PLACEWORKS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 23rd day of July 2025, by and between the City of Irwindale, a California municipal corporation (“City”), and PlaceWorks, Inc., a California corporation (“Consultant” or “PlaceWorks”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services pertaining to California Environmental Quality Act (CEQA) for land use entitlements defined and described in Exhibit 1 of this Agreement.

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

C. Pursuant to the Section 607 of the City of Irwindale’s Charter, City has authority to enter into and execute this Agreement.

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

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1.6 Care of Work.

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

1.7 Prevailing Wages.

Consultant is advised of the requirements of California Labor Code Section 1720 which provides: prevailing wage rates apply to “[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority.” It is the Parties’ understanding that this Project shall not be required to pay prevailing wages pursuant to Sections 1770 – 1781 of the California Labor Code and 33423 – 33426 of the California Health and Safety Code. To this end, Consultant acknowledges and agrees that should any third party, including but not limited to the Director of the Department of Industrial Relations (“DIR”), require Consultant or any of its contractors or subcontractors to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the DIR under Prevailing Wage Law, then Consultant shall indemnify, defend, and hold City harmless from any such determinations, or actions (whether legal, equitable, or administrative in nature) or other proceedings, and shall assume all obligations and liabilities for the payment of such wages and for compliance with the provisions of the Prevailing Wage Law. The City makes no representation that any work completed by Consultant is or is not subject to Prevailing Wage Law.

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in

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compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed THREE HUNDRED AND FORTY FIVE THOUSAND AND THREE DOLLARS ($345,003.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of

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Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to

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the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

Brian Judd CEO
(Name) (Title)
Randal W. Jackson President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to

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personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

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

4.3 Contract Officer.

The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

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

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of

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City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

Without limiting Consultant’s indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive 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, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) 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 $1,000,000 per claim and in

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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 services required by this Agreement.
(d) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

5.2 Other Provisions or Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers’ Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers’ Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance of services.

Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Consultant shall procure and maintain each of the insurance policies required in Section 5.1 for the duration of the Agreement, and any extension thereof.
(c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant’s insurance and shall not 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 City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’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, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) 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

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California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific 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 the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage 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 City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with

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respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Deductibles/ Self-insured Retentions. Any deductibles and selfinsured retentions must be declared to and approved by City. At the option of the City , either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) 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 of the work.

5.3 Performance Bond.

Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Indemnification.

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(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness 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 by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

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6.2 Reports.

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

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in

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which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

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7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected

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class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, California 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are

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no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

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9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

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

PLACEWORKS, INC., a California
corporation
By:

Name: Brian Judd
Title: CEO
Address: 3 MacArthur Place,
Suite 1100
Santa Ana, CA 92707

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By:

Name: Randal W. Jackson
Title: President
Address: 3 MacArthur Place,
Suite 1100
Santa Ana, CA 92707
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform CEQA analysis and prepare CEQA documents necessary to obtain entitlements for the construction of two (2) speculative industrial buildings totaling ±479,260 square with associated standard vehicle and trailer parking for property located at 5555 Irwindale Avenue (APNs: 8619-002-034), in the M-2 (Heavy Manufacturing) zone. (Project), as described in the following scope of service contained in the Consultant’s Proposal (herein after referred to collectively as “Services”):

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II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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EXHIBIT "B"

SPECIAL REQUIREMENTS
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.

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EXHIBIT "C"

SCHEDULE OF COMPENSATION/BUDGET
I. Consultant’s proposed budget for services related to the EIR is as follows:

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II. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
a. Line items for all the work performed, the number of hours worked, and the hourly rate.
b. Line items for all materials and equipment properly charged to the Services. c. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
d. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services but not exceeding one (1) years from the date hereof, III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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EIR SCHEDULE

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Item #11.H.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Professional contract for DeNovo Planning Group – CEQA services for property located at 4500 Azusa Canyon Road
City Manager's Recommendation:

That the City Council approve the attached contract with De Novo Planning Group, for the preparation of an environmental assessment for property located at 4500 Azusa Canyon Road, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
Prepared by:

Brandi Jones, Senior Planner
Reviewed by:

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

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Julian A. Miranda, City Manager
Background and Analysis:

Rexford Industrial the Applicant, submitted a request for the construction of one (1) speculative industrial/warehouse building totaling ±189,300 square feet with associated standard vehicle and trailer parking for property located at 4500 Azusa Canyon Road (APN: 8417-004-012), in the M-1 (Light Industrial) zone (Project). The application includes requests for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.

After soliciting proposals through a Request for Proposals process, Planning Staff reviewed five (5) proposals from consulting firms, interviewed the five (5) consulting firms, and is now recommending the retention of De Novo Planning Group to complete the CEQA work necessary to evaluate the Project. The Contract Services Agreement with De Novo Planning Group is for an amount not to exceed $236,825.00 and is attached with this report. An Initial Study/Mitigated Negative Declaration (IS/MND) will be prepared by De Novo Planning Group.

Fiscal Impact:

The City's General Fund will not be impacted. Pursuant to the Reimbursement Agreement with the Applicant, the Applicant has agreed to reimburse the City of all costs and expenses incurred by the City related to the services agreed to in the Agreement for Contract Services with De Novo Planning Group The Reimbursement Agreement requires a deposit account wherein Applicant will make deposits of amounts to cover all costs and expenses of work done by De Novo Planning Group, any other consultant retained for the Project, and the City Attorney’s office for work related to the land use entitlements.

Attachments:

1. 4500 Azusa Canyon Road Contract Svcs Agmt - De Novo (Final)

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ATTACHMENT “A”

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND DE NOVO PLANNING GROUP THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 23rd day of July 2025, by and between the City of Irwindale, a California municipal corporation (“City”), and De Novo Planning Group, a California corporation (“Consultant” or “De Novo Planning Group”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

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

C. Pursuant to the Section 607 of the City of Irwindale’s Charter, City has authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 Licenses, Permits, Fees and Assessments.

1.5 Familiarity with Work.

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1.6 Care of Work.

1.7 Prevailing Wages.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

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1.10 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

THOUSAND AND EIGHT HUNDRED AND TWENTY FIVE DOLLARS ANS NO CENTS ($236,825.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

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

2.4 Invoices.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

3.4 Term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

Ben Ritchie President
(Name) (Title)
Steve McMurtry CEO
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term

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of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Contract Officer.

4.4 Independent Contractor.

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manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

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connection with this Agreement, in the minimum amount of $1,000,000 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 services required by this Agreement.
(d) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

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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 (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific 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 the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage 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 City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply

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separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

5.3 Performance Bond.

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5.4 Indemnification.
(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness 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 by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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6.2 Reports.

6.3 Ownership of Documents.

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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

7.2 Disputes; Default.

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7.3 Retention of Funds.

7.4 Waiver.

7.5 Rights and Remedies are Cumulative.

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7.6 Legal Action.

7.7 Termination Prior to Expiration of Term.

7.8 Termination for Default of Consultant.

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7.9 Attorneys’ Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

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8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are

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9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

Consultant’s Authorized Initials _______

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9.7 Corporate Authority.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

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

DE NOVO PLANNING GROUP, a
California corporation
By:

Name: Ben Ritchie, Principal
Title: President
Address: 1020 Suncast Lane,
Suite 106
El Dorado Hills, CA 95762

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By:

Name: Steve McMurtry, Principal
Title: Chief Financial Officer
Address: 1020 Suncast Lane,
Suite 106
El Dorado Hills, CA 95762
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform CEQA analysis and prepare CEQA documents necessary to obtain entitlements for the construction of one (1) speculative industrial building totaling ±189,300 square with associated standard vehicle and trailer parking for property located at 4500 Azusa Canyon Road (APN:
8417-004-012), in the M-1 (Light Industrial) zone. (Project), as described in the following scope of service contained in the Consultant’s Proposal (herein after referred to collectively as “Services”):

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II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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EXHIBIT "B"

SPECIAL REQUIREMENTS
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.

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EXHIBIT "C"

SCHEDULE OF COMPENSATION/BUDGET
I. Consultant’s proposed budget for services related to the EIR is as follows:

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EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

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EIR SCHEDULE

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Item #11.I.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Appropriation of Asset Forfeiture Funds
City Manager's Recommendation:

Adopt Resolution No. 2025-72-3660 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

Administrative Action:

Submitted & Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The Department of Justice (DOJ) Equitable Sharing Program (Asset Forfeiture) was federally enacted in

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1984. The primary purpose of this program is to assist law enforcement in the deterrence of crime by depriving criminals of the profits and proceeds of their criminal activities and to weaken criminal enterprises by removing the instrumentalities of crime. An ancillary purpose of this program is to enhance cooperation among federal, state and local law enforcement agencies through the equitable sharing of federal forfeiture proceeds.

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

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

Asset forfeiture funds cannot be used for the regular salaries of existing police officers, but may be used for the salary of police officers assigned to a specific task force for a specified period of time or under certain other conditions. The permissible appropriation of funds will include:
• Salary and overtime costs associated with asset forfeiture investigations • Law enforcement training
• Hardware, software, wireless connectivity and other required equipment related to the department's reporting and telecommunications infrastructure
• Radio Communication Systems / In-car camera system / MDC-Mobile Data • Video surveillance equipment
• Equipment and operations related to investigations
• Executive Conferences - In-State/Out of State
The Police Department has received an additional $39,204.39 for fiscal year 2024-2025 in federal asset forfeiture proceeds. These federal asset forfeiture funds are held in the Federal Treasury Fund (Fund 16). These funds are separate from the General Fund, and supplemental to the current operating budget. The proposed Resolution would approve the Police Department's receipt of the federal asset forfeiture proceeds and allocate these proceeds to three expenditure accounts for the Police Department's use, consistent with state and federal law.

Fiscal Impact:

The attached resolution allows for the receipt of, and an appropriation of $39,204.39 in federal asset forfeiture revenue for fiscal year 2024-2025 to be distributed to the City’s expenditure account as follows:

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$39,204.39 to Operating Supplies Account No.16-35-370-42200-0000 Attachments:

1. Resolution No. 2025-72-3660

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Resolution No. 2025-72-3660

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RESOLUTION NO. 2025-72-3660

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING RECEIPT OF AND APPROPRIATING FEDERAL ASSET

FORFEITURE FUNDS FOR USE BY THE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and
WHEREAS, the City of Irwindale Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past years; and
WHEREAS, the United States Department of Justice and the California Department of Justice have an Equitable Sharing Program that allows law enforcement agencies to share in federal forfeiture proceeds from property seized during these investigations; and WHEREAS, federal and state laws dictate that these funds must be utilized by the Police Department for investigations and operations related to asset forfeiture investigations and/or training and equipment related to official law enforcement duties; and
WHEREAS, the Police Department has received an additional $39,204.39 in federal asset forfeiture proceeds for fiscal year 2024-2025, which is ready for use by the Police Department in accordance with federal and state law requirements.

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

SECTION 1. Asset forfeiture funds obtained through the U.S. Department of Justice Equitable Sharing Program and interest, in the amount of $39,204.39 are approved, received as supplemental to the Police Department Budget, are available to be appropriated.

SECTION 2. The City Council hereby appropriates the $39,204.39 in federal asset forfeiture funds to the following City of Irwindale Police Department expenditure account:
$39,204.39 to Operating Supplies Account No.16-35-370-42200-0000.

These funds shall be used in accordance with federal and state law for expenditure of federal asset forfeiture funds.

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Resolution No. 2025-72-3660

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

PASSED, APPROVED AND ADOPTED this 23rd day of July, 2025. ________________________
Larry G. Burrola, Mayor
ATTEST:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-72-3660 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 23rd day of July, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

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

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Item #11.J.

Date: July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Construction of Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street Project; P-1073 City Manager's Recommendation:

That the City Council (1) authorizes the City Manager to enter into an agreement with Elecnor Belco Electric, Inc. in the amount of $912,348 for the Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street Project; (2) approve a 20% construction contingency in the amount of $182,470 to cover any unforeseeable conditions that may arise during construction; (3) adopt Resolution No. 2025-71-3659 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING BUDGET AMENDMENT TO APPROPRIATE $500,000 FROM THE GENERAL FUND RESERVES, AND $355,423 FROM THE MINING IMPACT FUND RESERVES TO THE TRAFFIC SIGNAL AND STREET IMPROVEMENTS – ARROW HIGHWAY AT LIVE OAK AVENUE (EAST) AND AZUSA CANYON ROAD AT NUBIA STREET PROJECT; P-1073”.

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:

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Julian A. Miranda, City Manager
Background and Analysis:

The Traffic Signal and Street Improvements Project for Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street consists of two (2) improvement projects that were identified in the Condition of Approval for the land developments at 5010 Azusa Canyon Road and 2200 Arrow Highway (Athens MRF). These improvements were recommended to mitigate traffic impacts identified in the Environmental Impact Report (EIR) due to each project. As stipulated in the respective Development Agreements, each developer is required to pay their fair share toward the construction of the traffic signal and street improvements at their associated intersections.

Staff worked with design consultants to prepare the Plans, Specifications, and Cost Estimates (PS&E) for each intersection improvement. To maximize cost-effectiveness and streamline project delivery, the two PS&Es were consolidated into a single project: Traffic Signal and Street Improvements – Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street. By combining the projects, the City eliminated the need for separate advertisements and bid solicitations, resulting in cost savings and administrative efficiencies. This integrated approach not only reduces overall project costs but also enhances coordination and improves delivery timelines.

On June 23 and 30, 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 July 10, 2025, at 10:00 am. The City received (7) bids with the following results:

Ranking # Contractor Total Bid Amount
1 Elecnor Belco Electric, Inc. $912,348
2 International Line Builders, Inc. DBA ILB Electric
Inc.
$946,659
3 Crosstown Electrical & Data Inc. $1,059,582
4 DBX, Inc. $1,061,400
5 PTM General Engineering Services Inc. $1,146,046
6 Select Electric, Inc. $1,182,482
7 Servitek Electric, Inc. $1,211,282
Staff reviewed the bid proposals and found Elecnor Belco Electric, Inc. to be the lowest responsible 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 Elecnor Belco Electric, Inc. in the amount of $912,348 for the Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) and Azusa Canyon Road at Nubia Street Project.

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The total construction cost for this Project is anticipated to be $1,304,818.00 (Total Bid:
$912,348.00 + $182,470.00 (20% Construction Contingency) + $210,000.00 (Construction Inspection, QC, & Utility Relocation Work). It is anticipated that there will be a cost of approximately $210,000 to cover construction inspection, quality control, Southern California Edison and Valley County Water District for utility relocation work. The inspection will be performed by one of our consultants under the City’s existing On-Call As Needed Consulting Services List. Funding for this project is as follows:
• $410,389.18 from the 5010 Azusa Canyon Road development project remaining fair share. The developer paid its fair share total of $421,000, of which $10,610.82 was spent on the design for this project, leaving a remaining balance of $410,389.18. • $500,000 to be collected from the Athens MRF project for its fair share. The agreement with Athens stipulates that Athens is to remit the first $100,000 payment within the first quarter following the issuance of the certificate of occupancy and remit $100,000 for the following four years, totaling $500,000. Staff is requesting an appropriation of $500,000 from the General Fund in advance of Athens fair share payments. Upon receipt of payments from Athens for its fair share, the General Fund will be repaid $500,000. • $39,005.76 from the FY 2025-2026 CIP budget for the Athens Traffic Signal Improvement Project. The CIP budget was $80,000, of which $40,994.24 was spent on the design for this project, leaving a remaining balance of $39,005.76. • $355,518.00 from the Mining Impact Fund for its share of project costs.

The attached contract agreements have been reviewed and approved as to form by the City Attorney’s office.

Fiscal Impact:

Approval of Resolution No. 2025-71-3659 authorizes the Finance Director to amend the Fiscal Year 2025-2026 adopted budget by appropriating an additional $500,000 from the General Fund Reserves and $355,423 from the Mining Impact Fund to appropriate accounts for Traffic Signal and Street Improvements Project.

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Attachments:

1. Construction Contract Agreement (2023055.1)

2. Resolution No. 2025-71-3659 (2023049.1)

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Project Name/No.: Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) & Azusa Canyon Road at Nubia Street Project; P-1073 Approved: July 23, 2025
01005.0006 2023055.1 1

PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT

BETWEEN THE CITY OF IRWINDALE AND
ELECNOR BELCO ELECTRIC, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 23rd day of July, 2025, by and between the City of Irwindale, a California charter city (“City”) and Elecnor Belco Electric, Inc., 14320 Albers Way, Chino, CA 91710 (“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 Traffic Signal and Street Improvements - Arrow Highway at Live Oak Avenue (East) & Azusa Canyon Road at Nubia Street Project; P-1073 (“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

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-2-
01005.0006 2023055.1
to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, 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 most recent 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

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-3-
01005.0006 2023055.1
accurate payroll records and verify such records in writing under penalty of perjury, as specified 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

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-4-
01005.0006 2023055.1
without limitation, conducting a review of the certified payroll records of the subcontractor on a 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.

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Irwindale City CouncilJuly 23, 2025

Irwindale City Council
July 23, 2025