Irwindale — 2023-06-28

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION\nSignificant exposure to Litigation\n[Pursuant to Government Code Sections 54956.9(c), (d)(2), e(5)]\nA point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel\nbased on existing facts and circumstances, that there is significant exposure to litigation against the City.\nThe existing facts and circumstances consist of a Second Tolling Agreement between the City of Irwindale\nand BKK Working Agreement effective September 25, 2020, for a term of three years whereby BKK\nWorking Group has notified the City that it may allegedly have liability based upon, according to the BKK\nWorking Group, alleged disposal of waste material in connection with the BKK Landfills in West Covina.\nThe Second Tolling Agreement tolls any applicable statute of limitations governing claims that BKK\nWorking Group could assert against the City that may result in litigation against the City. A copy of the\nSecond Tolling Agreement is included in this agenda package for public review and available for review in\nthe City Clerk’s office upon request.\nNumber of Cases: One

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION\n[Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1)]\nA) Name of case: Five Points, LP vs. City of Irwindale\nCase Number: 22STCV01394\nB) Name of Case: City of Long Beach, et. al v. Monsanto Company, et al.\nCase Number: 2:16‐cv‐03493‐FMO‐AS (United States District Court, Central District of California\n– Western Division)\nNote: City is a Settlement Class Member in this Class Action Lawsuit

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n[Pursuant to California Government Code Section 54956.8]\nA) Property: 16154 Arrow Highway (APNS 8417‐029‐024 and 025)\nAgency negotiator: Marilyn Simpson, Community Development Director\nNegotiating parties: Rudolfo A. Dominguez Trustee\nUnder negotiation: Price and terms of payment\nNote: This is a Housing Authority Item\nB) Property: 14905 Los Angeles Street, Irwindale CA\nAgency negotiator: Julian Miranda, City Manager\nNegotiating parties: Marianna Diaz\nUnder negotiation: Price and terms of payment\nNote: This is a Housing Authority Item\nC) Property: Olive Pit (APN 8415‐001‐906, 908)\nAgency negotiator: Julian A. Miranda, City Manager and Eddie Chan, Director of Engineering /\nBuilding Official\nNegotiating Parties: United Rock Products Corp.\nUnder negotiation: Sublease Price and Terms

4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION\nInitiation of litigation\n[Pursuant to Government Code Section 54956.9 (d)(4)]\nNumber of Cases: One

5. CONFERENCE WITH LABOR NEGOTIATORS\n[Pursuant to Government Code Section 54957.6]\nAgency Designated Representative: Julian A. Miranda, City Manager\n1. Unrepresented Employee: Adrian Guerra, City Attorney\nRECONVENE IN OPEN SESSION\nREPORT FROM CLOSED SESSION

1. Adoption of the Fiscal Year 2023‐24 Budget\nDepartment: Finance\nRecommendation: Conduct the duly noticed public hearing and adopt Ordinance No. 770\nentitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE\nBUDGET FOR FISCAL YEAR 2023‐2024”, reading by title only and waiving further reading thereof.

10. Approve a Fee Waiver for Irwindale Sister City\nDepartment: Administration\nRecommendation: Adopt Resolution No. 2023‐53‐3431 entitled: “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING A FEE WAIVER FOR IRWINDALE\nSISTER CITY, A 501(C)(3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY RENTAL FEES.”

11. Retroactively Approve a Fee Waiver for Irwindale Lions Club\nDepartment: Administration\nRecommendation: Adopt Resolution No. 2023‐54‐3432 entitled: “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, RETROACTIVELY APPROVING A FEE WAIVER\nFOR IRWINDALE LIONS CLUB, A 501(C)(3) NONPROFIT ORGANIZATION, WAIVING CITY FACILITY\nRENTAL FEES FOR MONTHLY MEETINGS BEGINNING MAY 2023 THROUGH AND INCLUDING\nDECEMBER 2023.”

12. Award of Contracts for Construction and Construction / Project Management, Inspection and\nConstruction Surveying Services for the Irwindale Park Improvements Project Phase IV & V; P‐\n1011\nDepartment: Engineering\nRecommendation: 1) Authorize the Assistant City Manager to enter into an agreement with\nSimgel Co., Inc. in the amount of $4,720,000.00 for the Irwindale Park Improvements Project\nPhase IV & V; 2) approve a 20% project contingency in the amount of $944,000.00 to cover any\nunforeseeable conditions that may arise during construction; 3) authorize the Assistant City\nJune 28, 2023\nPage 8\nManager to enter into an agreement with Z&K Consultants in the amount of $242,405.00 for\nConstruction / Project Management, Inspection, and Construction Surveying Services; 4) approve\na 15% contingency for consultant services in the amount of $36,361.00 to cover any\nunforeseeable conditions that may arise during construction, and 5) adopt Resolution No. 2023‐\n57‐3435 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING\nTHE TRANSFER OF CAPITAL IMPROVEMENT FUNDS, AND APPROPRIATING $2,650,000.00 FROM\nTHE GENERAL FUND RESERVES FOR THE IRWINDALE PARK IMPROVEMENTS PROJECT PHASE IV &\nV; P‐1011”

13. Adoption of Resolution Nos. 2023‐55‐3433 and 2023‐56‐3434 to File Applications for the Land\nand Water Conservation Fund Grant\nDepartment: Public Services\nRecommendation: Adopt Resolution No. 2023‐55‐3433 entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE APPROVING THE APPLICATION FOR THE LAND AND WATER\nCONSERVATION FUND FOR THE JARDIN DE ROCA PARK IMPROVEMENT PROJECT.”; and adopt\nResolution No. 2023‐56‐3434 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nIRWINDALE APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND\nFOR THE SWIMMING POOL IMPROVEMENT PROJECT PHASE II.”

14. Valley County Water District Update – Nora/Fraijo (Verbal)

15. Linkage Fee/User Fee Update – Presentation by Willdan

16. MariachiFest Concert Series Day\nDepartment: Public Services / Recreation\nRecommendation: Accept and approve the recommendation from the Parks and Recreation\nCommission to change the day of MariachiFest Concert series from Fridays to Thursdays, during\nthe month of September.

18. Warrants\nDepartment: Finance\nRecommendation: None for approval\nCONSENT CALENDAR

19. Minutes\nDepartment: Administration / City Clerk\nRecommendation: Approve the following minutes:\nA) Special meeting held June 5, 2023

3. Warrants/Demands/Payroll\nDepartment: Finance\nRecommendation: Approve

4. Irwindale Chamber of Commerce Services\nDepartment: Administration\nRecommendation: Approve and authorize the City Manager to execute the services agreement\nbetween the City of Irwindale and the Irwindale Chamber of Commerce beginning July 1, 2023,\nand expiring on June 30, 2024.

5. Accepting and Approving the Appropriation of Donated Funds from the Irwindale Community\nFoundation\nDepartment: Finance\nRecommendation: Adopt Resolution No. 2023‐37‐3415 entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE ACCEPTING AND APPROVING THE APPROPRIATION OF\nDONATED FUNDS FROM THE IRWINDALE COMMUNITY FOUNDATION FOR FISCAL YEAR 2023‐\n2024”.

6. Award and Renew DebtBook Contract for access to Application, Implementation, and Support\nServices\nDepartment: Finance\nRecommendation: Waive formal bidding procedure pursuant to Irwindale Municipal Code\nsection 3.44.080(C) and approve and authorize the City Manager to execute an agreement with\nFifth Asset, Inc. d/b/a DebtBook for renewal access to the Application Services which includes\ndebt and lease management software, onboarding process and services, implementation, and\nsupport services.

7. Proposed End‐of‐Year Closure of City Facilities for 2023\nDepartment: Administration\nRecommendation: Approve the closure of some City facilities during the period of Monday,\nDecember 25, 2023 through and including Sunday, January 7, 2024, and authorize the City Manager\nto implement said closure.\nJune 28, 2023\nPage 7

8. Cancellation of August 9, 2023, November 22, 2023, and December 27, 2023, City Council\nmeetings\nDepartment: Administration\nRecommendation: Adopt Resolution No. 2023‐52‐3430 entitled, "A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, CANCELLING REGULAR MEETINGS OF THE\nCITY COUNCIL SCHEDULED FOR AUGUST 9, 2023; NOVEMBER 22, 2023; AND DECEMBER 27,\n2023".

9. Approval of Resolutions Relating to Compensation for City Employees and Approval of New Job\nClassification and Associated Job Specification\nDepartment: Administration / Human Resources\nRecommendation: (1) Adopt Resolution No. 2023‐44‐3422 entitled "A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF IRWINDALE APPROVING A NEW JOB CLASSIFICATION AND ASSOCIATED\nJOB SPECIFICATION"; and (2) Adopt Resolution No. 2023‐45‐3423 entitled "A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO.\n2023‐30‐3408, AND ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND\nCOMPENSATION FOR CITY EMPLOYEES."