CITY OF IRWINDALE IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 •PHONE: (626) 430-2200 •FACSIMILE: 962-4209
MARK A. BRECEDA MAYOR
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL
ALBERT F. AMBRIZ MAYOR PRO TEM
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY HOUSING AUTHORITY
LARRY G. BURROLA COUNCILMEMBER
MANUEL R. GARCIA COUNCILMEMBER
JULY 12, 2017
H. MANUEL ORTIZ COUNCILMEMBER
5:30- P.M. 6:30 P.M.
CLOSED SESSION OPEN SESSION
IRWINDALE CITY HALL/ COUNCIL CHAMBER CLOSED SESSION - CITY HALL CONFERENCE ROOM REGULAR MEETING - CITY HALL COUNCIL CHAMBER 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, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430-2200. Assisted listening devices are available at this meeting. Ask the Deputy City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities. 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 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).
July 12, 2017 Page 2
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
July 12, 2017 Page 3
CLOSED SESSION .,. 5:30 P;M;
1.
Conference with legal Counsel - Threat of litigation Threat of litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
2.
Number of cases:
One
Conflict of Interest:
None
Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8 A) Property: Negotiating Parties: Under Negotiation: Conflict of Interest: B) Property: Negotiating Parties: Under Negotiation: Conflict of Interest:
C) Property: Negotiating Parties: Under Negotiation: Conflict of Interest:
4820 Baca Avenue Dolores Barbosa Affordable Housing Agreement and Declaration of Covenants and Restrictions Burrola 16024 Calle de Paseo Dolores Barbosa Affordable Housing Agreement and Declaration of Covenants and Restrictions Ambriz and Garcia 15990 Foothill Boulevard (Vulcan Reliance II) Vulcan Materials & City Of Irwindale Price and terms of sale None
D) Property: Negotiating Parties: Under Negotiation:
Arco Sign (Former Denny's) 8616-022-905 ptn. Successor Agency Terms of lease and easement
E) Property: Negotiating Parties: Under Negotiation:
Electronic Billboard (North Kincaid Pit) 8616-001-270 ptn. Successor Agency Terms of lease and easement
F) Property: Negotiating Parties: Under Negotiation:
Standard Billboard (North Kincaid Pit) 8616-001-270 ptn. Successor Agency Terms of lease and easement
G) Property: Negotiating Parties: Under Negotiation:
Rivergrade (4800 Rivergrade Rd) 8535-020-045 ptn. Successor Agency Terms of lease and easement
July 12, 2017 Page4 3.
Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6 Agency Designated Representatives: Colin Tanner, Labor Counsel Employee Organizations:
IMEA, ICEA, IPOA
ADJOURN
OPEN
A.
CALL TO ORDER
B.
PLEDGE OF ALLEGIANCE
C.
INVOCATION
D.
ROLL CALL:
SESSION~
6:30 P.M.
Councilmembers: Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda
E.
REPORT FROM CLOSED SESSION
F.
CHANGES TO THE AGENDA
G.
COUNCIL MEMBER TRAVEL REPORTS
H.
ANNOUNCEMENTS
I.
INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
J.
PROCLAMATIONS/ PRESENTATIONS/ COMMENDATIONS
SPONTANEOUS COMMUNICATIONS This is the time set aside for members of the audience to speak on items not on this agenda. 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 (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action. If a member of the audience feels he or she must proceed tonight, then each speaker will be limited to 2 minutes and each subject limited to 6 minutes, unless such time limits are extended.
July 12, 2017 Page 5 1.
CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
A.
Minutes Recommendation: 1.
B.
Regular meeting held June 14, 2017
Warrants/Demands/Payroll Recommendation:
C.
Approve the following minutes:
Approve
Award of Contract to Complete Paperless Solutions for Electronic Content Management System, Software Support and Implementation Services and Adopt Resolution No. 2017-42-2940 Appropriating Funds for the Project
Recommendation: Award a contract to Complete Paperless Solutions in the amount of $28,680; authorize the City Manager to execute the contract, and adopt Resolution No. 2017-42-2940 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AUTHORIZING APPROPRIATION OF FUNDS FOR THE IMPLEMENTATION OF AN ELECTRONIC CONTENT MANAGEMENT SYSTEM" reading by title only and waiving further reading thereof. D.
Notice of Intent to Withdrawal from Joint Powers Agreement of California Joint Powers Insurance Authority Recommendation: Ratify Notice of Intent to Withdrawal ("Notice") from Joint Powers Agreement ("Agreement") of California Joint Powers Insurance Authority ("CJPIA").
E.
Award of Contract to Provide Professional Design Services for Azusa Canyon Road Corridor Traffic Signal Timing Modifications and Arrow Highway Restriping from Fourth Street to Maine Avenue Recommendation:
Authorize the City Manager to enter into an agreement with
Transportation & Energy
Solutions, Inc. in the amount of $23,393 for professional
design services for the preparation of the Plans, Specifications and Estimate (PS&E) for Azusa Canyon Road Corridor Traffic Signal Timing Modifications and Arrow Highway Restriping from Fourth Street to Maine Avenue.
July 12, 2017 Page 6 F.
Consideration of Rejection of Bids Received for the City Hall and Police Department Facility Roof Replacement and HVAC Upgrade Improvement Project; P-949 Recommendation:
Reject all bids for the City Hall Police Department Facility Roof
Replacement and HVAC Upgrade Improvements Project, and direct the City Engineer to re-advertise this project. 2.
NEW BUSINESS A.
Adoption of the City of Irwindale Fraud Policy Recommendation: Adopt Resolution No. 2017-46-2944 entitled, "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF IRWINDALE ADOPTING THE CITY OF IRWINDALE FRAUD POLICY" reading by title only and waiving further reading thereof.
B.
Proposition 64 and Marijuana Law Workshop (continued from June 14, 2017) Recommendation:
Consider providing direction on following topics concerning
Proposition 64 and marijuana law:
1. Regulation of personal indoor marijuana cultivation, and regulation or prohibition of personal outdoor marijuana cultivation; 2. Regulation or prohibition of commercial marijuana operations which otherwise will be eligible for state licenses on or about January 1, 2018. commercial
recreational
marijuana operations will
Failure to address
reasonably allow such
operations in the City; and 3. Taxation and fee issues if City permits commercial marijuana operations. C.
Olive Pit Excavation (continued from June
zgth)
Recommendation: Receive the verbal presentation report provided and file this report. 3.
PUBLIC HEARINGS A.
Public Hearing to Name the Public Works Yard at 16034 Calle del Norte Recommendation: (1) Conduct a public hearing to receive public comments on naming the Public Works Maintenance Yard at 16034 Calle Del Norte the David Martinez Maintenance Yard; and (2) following the conclusion of the public hearing, the City Council adopt Resolution No. 2017-40-2938 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE NAMING OF THE PUBLIC WORKS MAINTENANCE YARD, 16034 CALLE DEL NORTE, THE DAVID MARTINEZ MAINTENANCE YARD AND APPROVING AN APPROPRIATION OF $7,000 FOR THIS PROJECT" reading by title only and waiving further reading thereof.
July 12, 2017 Page 7 B.
Conditional Use Permit (CUP) No. 12-2016, a Request by Mark Payne, Pannattoni Development Company, on behalf of Samuel. Son & Company, Inc., to Allow for the Operation of a Metal Manufacturing and Distribution Business Per Irwindale Municipal Code (IMC) Section 17.52.080(16) "Metals, Manufacture of Metal" within a Proposed 128,900 SF Industrial Building Recommendation: 1) Adopt Resolution No. 2017-43-2941 approving CUP No. 12-2016 subject to the Conditions of Approval attached with the staff report. Alternative Actions: 2) Request that staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly scheduled City Council meeting for adoption; or 3) Request that the applicant revise the project and continue the hearing to a date certain.
C.
Public Hearing for Sewer Maintenance and Street Lighting Maintenance Assessment Districts for the Irwindale Business Center Recommendation: 1) conduct a public hearing for public comments; and 2) adopt Resolution No. 2017-44-2942 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER SEWER MAINTENANCE DISTRICT" and Resolution No. 2017-45-2943 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT" reading by title only and waiving further reading thereof.
4.
CITY MANAGER'S REPORT
5.
ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY A.
Report from Closed Session 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.
July 12, 2017 Page-S 1. CONSENT CALENDAR A.
Minutes Recommendation:
Approve the following minutes:
1. Regular meeting held June 14, 2017 B.
Warrants Recommendation: None for approval
2. NEW BUSINESS 3. PUBLIC HEARINGS 4. ADJOURN
HOUSING AUTHORITY A. Report from Closed Session 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. 1.
CONSENT CALENDAR A.
Minutes Recommendation: 1.
Approve the following minutes:
Regular meeting held June 14, 2017
2. 3.
NEW BUSINESS PUBLIC HEARINGS
4.
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 lrwlndale Community Redevelopment Agency, Housing Authority, to be held on July 12, 2017 be posted at the City Hall, library, and Post Office on July 6, 2017.
Laura M. Nieto, CMC Chief Deputy City Clerk
COUNCIL At'3ENDA ITEM IAl IRWINDALE CITY COUNCIL CHAMBER 5050 N. IRWINDALE AVENUE IRWINDALE, CALIFORNIA 91706
JUL 1 2 2017
JUNE 14, 2017 WEDNESDAY 5:30 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL:
Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda Also present: John Davidson, City Manager; Fred Galante, City Attorney; William Tam, Director of Public Works I City Engineer; Anthony Miranda, Police Chief; Eva Carreon, Director of Finance; Gus Romo, Director of Community Development; Mary Hull, Human Resources Manager, and Laura Nieto, Deputy City Clerk
RECESS TO CLOSED SESSION
At 5:30 p.m., the City Council recessed to Closed Session to discuss the following: Conference with Legal Counsel - Threat of Litigation Threat of Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases: ACTION:
One
Update given, direction provided; no further reportable action taken.
Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6 Agency Designated Representatives: Employee Organizations: ACTION:
Colin Tanner, Labor Counsel IMEA, ICEA, IPOA
Discussed; direction provided to labor negotiator; no further reportable action taken
Public Employee Performance Evaluation Pursuant to California Government Code Section 54957
RECONVENE IN OPEN SESSION
Title:
City Manager
ACTION:
Not discussed
At 6:37 p.m., the City Council reconvened in Open Session.
JUNE 14, 2017 PAGE2
CITY COUNCIL MINUTES REGULAR MEETING
CHANGES TO THE AGENDA MAYOR PRO TEM AMBRIZ
Mayor Pro Tern Ambriz suggested rescheduling New Business Item 2B to a future meeting due to the heavy agenda.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Burrola, to table Item No. 2B to a future agenda. The motion was unanimously approved.
COUNCILMEMBER TRAVEL REPORTS COUNCILMEMBER GARCIA
Councilmember Garcia spoke about his attendance at the Independent Cities Association conference last weekend, where cyber attacks were a topic of concern. Water issues were also a big topic; he noted that the Counties of San Diego and Los Angeles are working to possibly establish a salinization plant.
MAYOR BRECEDA
Mayor Breceda also spoke on his attendance at the same conference, where active-shooter simulations enabled attendees to learn how to deal with such situations. He also noted that the city of Irwindale was highly praised by the Mayor of Montebello.
ANNOUNCEMENTS MAYOR BRECEDA
Mayor Breceda requested adjourning in memory of Alvino Guadarrama.
COUNCILMEMBER ORTIZ
Councilmember Ortiz requested that the meeting also be adjourned in memory of Theresa Gonzales Lara. He then announced that, as Delegate to the Gold Line Foothill Extension, he attended a meeting last Thursday to discuss the project, and noted that the project is on schedule.
INTRODUCTION OF NEW EMPLOYEES I PROMOTIONS
None.
PROCLAMATIONS I PRESENTATIONS I COMMENDATIONS RECOGNITION OF CHIEF MIRANDA
RECOGNITION OF CHIEF MIRANDA The recognition was made.
RECOGNITION OF GUS ROMO, COMMUNITY
RECOGNITION OF GUS ROMO, COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL MINUTES REGULAR MEETING DEVELOPMENT DIRECTOR
JUNE 14, 2017 PAGE 3 The recognition was deferred per Director Roma's request.
BIKE SGV BIKE SGV RECOGNITION OF CITY OF IRWINDALE'S RECOGNITION OF PARTICIPATION IN THE 626 GOLDEN STREET EVENT CITY OF IRWINDALE'S PARTICIPATION IN THE The presentation was made. 626 GOLDEN STREET EVENT SPONTANEOUS COMMUNICATIONS
There were no speakers.
CONSENT CALENDAR
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Burrola, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof, with the exception of Item Nos. 1G, 11, 1J, 1K, and excluding check# 62607 from Item 1B (warrants). The motion was unanimously approved; Councilmember Garcia abstaining on Item No. 1B.
ITEM N0.1A MINUTES
MINUTES None for approval.
ITEM NO. 1B WARRANTS I DEMANDS I PAYROLL WARRANTS/DEMANDS PAYROLL The warrants I demands I payroll were approved; Councilmember Garcia abstaining; Check# 62607 not approved. ITEM N0.1C AWARD OF CONTRACT FOR 2016-2017 RESURFACING PROJECT
AWARD OF CONTRACT FOR 2016-2017 RESURFACING PROJECT 1) The City Manager was authorized to enter into an agreement with Hardy & Harper, Inc., for the Base Bid and Alternate Bid in the amount of $366,000 for the 2016-2017 Resurfacing Project; and 2) the City Manager was authorized to enter into a cooperative agreement with the City of Azusa in order to cover the cost for their portion of the project.
SEWER MAINTENANCE AND STREET LIGHTING ITEM NO. 1D SEWER MAINTENANCE MAINTENANCE ASSESSMENT DISTRICTS FOR THE AND STREET LIGHTING IRWINDALE BUSINESS CENTER MAINTENANCE ASSESSMENT DISTRICTS FOR THE IRWINDALE BUSINESS CENTER
JUNE 14, 2017 PAGE4
CITY COUNCIL MINUTES REGULAR MEETING RESOLUTION NO. 2017-34-2932 ADOPTED
RESOLUTION NO. 2017-35-2933 ADOPTED
Resolution No. 2017-34-2932, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2017-2018 FOR MAINTENANCE, OPERATION AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION AND SEWERAGE SYSTEMS LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; DECLARING ITS INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2016-2017; AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING FOR HEARING OBJECTIONS THEREON," and Resolution No. 2017-35-2933, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN ENGINEER'S REPORT FOR FISCAL YEAR 2017-2018 FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; DECLARING ITS INTENTION TO LEVY ASSESSMENTS FOR THE FISCAL YEAR 2017-2018; AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING FOR HEARING OBJECTIONS THEREON," were approved, and A public hearing was set for July 12, 2017, to consider setting assessment for the two above-mentioned districts.
ITEM NO. 1E REQUEST TO CONDUCT FIREWORKS SALES
REQUEST TO CONDUCT FIREWORKS SALES - AMVETS POST 113, IRWINDALE LIONS CLUB, IRWINDALE SISTER CITY ASSOCIATION, JOSEPH "PEPE" MIRANDA SPORTS SCHOLARSHIP AND GRANT FOUNDATION, AND KNIGHTS OF COLUMBUS The requests from AmVets Post 113, Irwindale Lions Club, Irwindale Sister City Association, Joseph "Pepe" Miranda Sports Scholarship and Grant Foundation, and Knights of Columbus, to conduct fireworks sales subject to compliance with all city, county, and state regulations, were approved.
ITEM NO. 1F AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE OLIVE PIT WEST BOUNDARY CONCRETE BLOCK WALL PROJECT; P938
AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE OLIVE PIT WEST BOUNDARY CONCRETE BLOCK WALL PROJECT; P938 The City Manager was authorized to enter into an agreement with ACE CD, Inc., in the amount of $523,843.39 for the construction of the Olive Pit west boundary concrete block wall.
JUNE 14, 2017 PAGES
CITY COUNCIL MINUTES REGULAR MEETING ITEM NO. 1H APPROVING A TENTATIVE AGREEMENT TITLED "SIDE LETTER AGREEMENT BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION" (IMEA) REGARDING CHANGES TO JOB CLASSIFICATIONS
APPROVING A TENTATIVE AGREEMENT TITLED "SIDE LETTER AGREEMENT BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION" (IMEA) REGARDING CHANGES TO JOB CLASSIFICATIONS
RESOLUTION NO. 2017-28-2926 ADOPTED
Resolution No. 2017-28-2926, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION" was adopted.
ITEM NO. 1L APPROVAL OF MOU WITH THE CITY OF SANTA MONICA APPROVAL OF MOU POLICE DEPARTMENT FOR POLICE SUPPLEMENTAL WITH THE CITY OF SERVICES SANTA MONICA POLICE DEPARTMENT FOR POLICE SUPPLEMENTAL SERVICES RESOLUTION NO. 2017-33-2931 ADOPTED
Resolution No. 2017-33-2931, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE MOU WITH THE CITY OF SANTA MONICA FOR POLICE SUPPLEMENTAL SERVICES," was adopted.
END OF CONSENT CALENDAR
ITEM NO. 1G CLAIM REJECTION - ZEPEDA, MEGAN ANNE V. CITY OF CLAIM REJECTION IRWINDALE ZEPEDA, MEGAN ANNE V. CITY OF IRWINDALE CITY MANAGER DAVIDSON
City Manager Davidson discussed the staff report.
JUNE 14, 2017 PAGE6
CITY COUNCIL MINUTES REGULAR MEETING CITY ATTORNEY DAVIDSON
City Attorney Galante noted that the city's third party administrator, Carl Warren, investigates claims and makes recommendations to either accept or deny them. With regard to this claim, Carl Warren is recommending that it be denied. However, the ultimate decision on whether to accept or deny claims lies with the City Council.
MAYOR PRO TEM AMBRIZ
Responding to a comment by Mayor Pro Tern Ambriz, City Manager Davidson clarified that both he and Director Tam visited the property in question and found that the water main had been damaged by the tree that had been planted at the property.
CITY ATTORNEY GALANTE
City Attorney reiterated that the claims adjuster, Carl Warren, has determined that the city is not liable for the damage to the water main. However, the Council has discretion on how to handle the claim.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to accept the claim.
COUNCILMEMBER ORTIZ
Councilmember Ortiz asked whether the reimbursement would be paid by the Housing Authority, to which City Attorney Galante advised that staff can research how to pay the claim since it had no involvement in the planting of the tree. He noted that it might be too late to attempt to recover costs from the project developer.
COUNCILMEMBER BURROLA
Councilmember Burrola concurred that the claim should be paid.
ROLL CALL
The above-mentioned motion was unanimously approved.
ITEM NO. 11 CLASSIFICATION RESOLUTION NO. 2017-29-2927
CLASSIFICATION RESOLUTION NO. 2017-29-2927
COUNCILMEMBER BURROLA
Councilmember Burrola asked whether this item would be considered jointly with Item Nos. 1J and 1K, to which City Manager Davidson advised that they are separate items and will be considered separately.
DIRECTOR CARREON
Director Carreon added that this particular item only pertains to staff titles and job descriptions and does not take staff salaries into account.
DENA ZEPEDA
Dena Zepeda spoke against the Housing Coordinator being promoted to Assistant City Manager.
JUNE 14, 2017 PAGE?
CITY COUNCIL MINUTES REGULAR MEETING CITY MANAGER DAVIDSON
City Manager Davidson clarified that this item does not relate to an Assistant City Manager position. He added that, after an independent study by the Ralph Anderson group, there was a recommendation that the Housing Coordinator title be changed to Assistant to the City Manager. The proposed Assistant City Manager position will be discussed under tonight's public hearing.
DENA ZEPEDA
Dena Zepeda stated that many residents are complaining about corruption and nepotism because they were not invited to a birthday party.
MAYOR PRO TEM AMBRIZ
Mayor Pro Tern Ambriz suggested that comments be limited to two minutes.
FRED BARBOSA
Responding to a question by Fred Barbosa, City Attorney Galante indicated that individuals will have an opportunity to speak on the budget during tonight's public hearing. Additionally, he stated that the Council may impose a time limit on discussions.
CARMEN ROMAN
Carmen Roman stated her opinion that it would be disrespectful and a violation of individuals' constitutional rights to limit the amount of time that they can speak on matters on the agenda.
RESOLUTION NO. 2017-29-2927 ADOPTED
Resolution No. 2017-29-2927, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE IMPLEMENTATION OF CERTAIN CHANGES IN JOB TITLE CLASSIFICATIONS, RECLASSIFICATION OF CERTAIN EMPLOYEES, AND CLASSIFICATION SPECIFICATIONS FOR ALL CITY EMPLOYEE CLASSIFICATIONS", was passed, approved, and adopted, reading by title only and waiving further reading thereof, on the motion of Councilmember Burrola, seconded by Councilmember Ortiz, and unanimously approved.
ITEM NO. 1J INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY
INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY (Joint Item with Successor Agency, Housing Authority, and Reclamation Authority)
RESOLUTION NO. 2017-38-2936 ADOPTED
Resolution No. 2017-38-2936
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE,
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE8 IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY," was passed, approved, and adopted, on the motion of Councilmember Burrola, seconded by Councilmember Ortiz, and unanimously approved.
ITEM NO. 1K COMPENSATION RESOLUTION NO. 2017-30-2928
COMPENSATION RESOLUTION NO. 2017-30-2928
RESOLUTION NO. 2017-30-2928 ADOPTED
Resolution No. 2017-30-2928, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2016-37-2851, ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, COMPENSATION, AND BENEFITS FOR CITY EMPLOYEES'', was passed, approved, and adopted, on the motion of Councilmember Burrola, seconded by Councilmember Ortiz, and unanimously approved.
FRED BARBOSA
Fred Barbosa asked how this resolution would be financed and stated his concern that retired employees would not be able to receive their PERS pensions.
DENA ZEPEDA
Dena Zepeda asked the Council to think carefully about appointing the Housing Coordinator to serve as the Assistant City Manager since, in her opinion, the move would spur lawsuits.
CARMEN ROMAN
Carmen Roman stated that she has questions regarding the reclassifications of staff members.
NEW BUSINESS
ITEM NO. 2A EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE
EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE
CITY MANAGER DAVIDSON
City Manager Davidson discussed the staff report.
COUNCILMEMBER ORTIZ
Councilmember Ortiz asked about the severance clause in the proposed contract, to which City Manager Davidson confirmed that the pay covers six months and is consistent with most of the contracts the city has with its department directors.
CITY ATTORNEY GALANTE
City Attorney Galante further explained state legislation regarding severance pay.
JUNE 14, 2017 PAGE9
CITY COUNCIL MINUTES REGULAR MEETING MOTION
A motion was made by Mayor Breceda, seconded by Mayor Pro Tern Ambriz, to authorize the execution of the Chief of Police Employment Agreement between the City of Irwindale and Ty Henshaw with an effective date of June 20, 2017. The motion was unanimously approved.
ITEM NO. 2B PROPOSITION 64 AND MARIJUANA LAW WORKSHOP
PROPOSITION 64 AND MARIJUANA LAW WORKSHOP This matter was tabled to a future meeting.
ITEM NO. 2C APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE NORTH KINCAID PIT
APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE NORTH KINCAID PIT (APNS 8616-001-270, 8616-022-905, AND 8616-022-906
CITY ATTORNEY GALANTE
City Attorney Galante discussed the staff report.
COUNCILMEMBER ORTIZ
As requested by Councilmember Ortiz, City Attorney Galante disclosed that the city purchased the property for essentially zero dollars, and the proposal is to sell the property to the developer for $4,293,000, of which $2,293,000 will be paid up front and the city will carry a note for the remaining $2 million. The plan is to have it fully remediated within two years. If the developer is unable to do so, then interest will begin accruing against that $2 million balance. The funds received will be placed directly into the city general fund.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the agreement to sell the North Kincaid Pit pursuant to that certain Purchase and Sale Agreement and Escrow Instructions by and between the City of Irwindale and Five Points, LLC, a California Limited Liability Company. The motion was unanimously approved.
PUBLIC HEARINGS ITEM NO. 3A ADOPTION OF FISCAL YEAR 2017-2018 BUDGETS AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-2018
ADOPTION OF FISCAL YEAR 2017-2018 BUDGETS AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-2018
COUNCILMEMBER BURROLA
Councilmember Burrola requested that his prepared statement be placed into the record: "As an elected official, it is my duty to review
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE10 all matters that are brought to us before the Council and the benefit of all residents. Also the long-term consequences to the city. My comments and concerns about the budget and personal staff, wages, increases, and program funding, are not meant to be negative to any particular person. It is only to address the best direction for the city and the fiscal responsible for the future that is my responsibility as a Council member."
DIRECTOR CARREON
Director Carreon presented the staff report and made a PowerPoint presentation, which outlined the following points: the first reading of Ordinance No. 712, a review of the decisions made by the Council at the budget workshop, supplemental budget items, short-term strategies, pending budget concerns, and long-term strategies.
COUNCILMEMBER BURROLA
Councilmember Burrola asked how the amounts to be used from the special mining fund for personnel requests are calculated, to which Director Carreon advised that department directors are required to inform the Finance Department about what items their staff members would be working on, and budgets/funds are set accordingly. The amounts shown in the PowerPoint presentation relating to personnel requests reflect yearly expenses. Councilmember Burrola also asked about the Assistant City Manager position, to which Director Carreon clarified that, for this position, $49,300 will be charged to the housing fund. The Assistant City Manager position would also be responsible for all housing activities. The city is not budgeting for a full-time Assistant City Manager position since it would cost an additional $240,000. The plan is to unfreeze the Assistant City Manager, and freeze the Housing Coordinator position. Responding to a question by Councilmember Burrola, Mayor Breceda advised that the Assistant City Manager position would oversee the housing activities.
CITY MANAGER DAVIDSON
City Manager Davidson explained that Assistant City Manager positions are very common throughout the state. Additionally, the classification and compensation study that was completed suggested that the Housing Coordinator position be reclassified to Assistant to the City Manager. However, in the past, the Assistant City Manager position assumed responsibility over the Recreation, Library, and many others, but operated under the Assistant City Manager title.
COUNCILMEMBER BURROLA
Councilmember Burrola questioned the need for an Assistant City Manager position.
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE 11
COUNCILMEMBER ORTIZ
Councilmember Ortiz stated that he was not in favor of reclassifying the three proposed positions. He noted that he has nothing against the individuals currently filling those positions; rather, he is looking after the city's fiscal health. He noted the class and comp study suggested that the Housing Coordinator position be reclassified to "Assistant to the City Manager", which does not carry the same increase in salary as an "Assistant City Manager" position would. He concurred with Councilmember Burrola that the city does not currently have a need for an Assistant City Manager position.
COUNCILMEMBER BURROLA
Councilmember Burrola asked questions regarding the proposed Finance Technician position, to which Director Carreon advised that a part-time position for the Finance Department was approved last year. However, staff feels that it would be more beneficial to hire a Finance Technician to work on projects that can create revenue for the city. She also discussed the proposed pay range for the position, advised that the proposed position is a new position that would be opened for internal recruitment, and discussed the necessary qualifications. Councilmember Burrola also asked about the proposed Senior Human Resources Analyst position, to which City Manager Davidson advised that the position was not proposed in the class and comp study. Rather, staff proposes to take the Human Resources Technician position and reclassifying it to Senior Human Resources Analyst. The Technician position is currently filled and would need to either meet or exceed the requirements associated with the Analyst position. Councilmember Burrola then asked about the proposed Management Analyst position, to which Director Tam advised that he would supervise the position directly. The Management Analyst position has been performing at a higher level, based on the current workloads. The proposal, if approved, would also change the workload and hours that the current employee is spending on current programs. The amount of funding from the special mining fund for this proposed position was calculated based on the amount of time the previous employee spent on mining-related assignments. Councilmember Burrola then asked about the proposed Maintenance Worker II position, to which Director Tam indicated that the proposed position would work on street maintenance in the special mining-impacted area. The workload would require a Maintenance Worker II position. Staff is asking for one reclassification from Maintenance Worker I to II, and one of the employees on the existing list from the previous promotional recruitment will be selected for the reclassification.
JUNE 14, 2017 PAGE12
CITY COUNCIL MINUTES REGULAR MEETING RECESS
At 8:22 p.m., the City Council took a short recess.
RECONVENE
At 8:34 p.m., the City Council reconvened in Open Session with all members present.
COUNCILMEMBER ORTIZ
Responding to a question by Councilmember Ortiz, Director Carreon advised that the Assistant City Manager position would receive a base salary of $147,262 per year, if approved as presented.
DIRECTOR CARREON
Director Carreon continued her presentation and discussed budget requests.
COUNCILMEMBER ORTIZ
Councilmember Ortiz reiterated his preference against approving a contract with Gonsalves and Sons for lobbying services.
MAYOR PRO TEM AMBRIZ AND MAYOR BRECEDA
Mayor Pro Tern Ambriz and Mayor Breceda both spoke in favor of approving a contract with Gonsalves and Sons.
DIRECTOR CARREON
Director Carreon continued her presentation and advised that the September Fiesta and the extended water aerobics program are already included in the budget. The September Fiesta has $1,500 budgeted for the event.
COUNCILMEMBER ORTIZ
Councilmember Ortiz requested that a mariachi band be added to the September Fiesta event.
COUNCILMEMBER BURROLA
Councilmember Burrola spoke in support of purchasing and installing new playground equipment at Irwindale Park and El Nido Park, suggested that the exterior walls of the Senior/Community Center to be painted, noted his preference in implementing more activities for the youth through the Recreation and Library departments, and perhaps revamping the Council Chambers.
DIRECTOR CARREON
Responding to a question by Director Carreon, City Attorney Galante advised that it would be good to have rough estimates on the costs for the new items that the Council requested so that they can be discussed at the next Council meeting. He further stated that, if it were necessary, the budget can be amended to include the items that the Council requested. Director Carreon then continued with a summary of the revised expenditures showing the additional items that staff presented, and discussed short-term strategies, revenue increases, and expenditure decreases.
COUNCILMEMBER BURROLA
Councilmember Burrola asked questions about the Olive Pit, to which Director Carreon advised that the city purchased the pit from the Housing Authority. However, since the Housing Authority does not need the payment now, payments will be deferred for four years.
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE13
DIRECTOR CARREON
Director Carreon continued with her presentation and advised that staff has found it appropriate to charge some resident prescription costs to the special mining fund since mining activities in the city could affect residents' health. The program itself would not be impacted; rather, there is a shift as to how the program is financed.
COUNCILMEMBER ORTIZ
Responding to a question by Councilmember Ortiz relating to the sale of the Kincaid Pit, Director Carreon advised that revenue is recognized when it is sold, and is set up as a liability.
COUNCILMEMBER GARCIA
Councilmember Garcia asked if PERS increases can be offset by increasing mining taxes, to which City Attorney Galante advised that it would have to be approved by the voters.
DIRECTOR CARREON
Director Carreon noted that the ordinance already calls for it to be increased by CPI every year, and that has been done. Any additional increases would need to go before the voters. She added that mining funds are used to pay portions of select employees' salaries.
MAYOR BRECEDA
Mayor Breceda spoke with optimism about the city's upcoming developments.
COUNCILMEMBER BURROLA
Councilmember Burrola expressed worry about utilizing reserve funds to cover long-term expenses.
COUNCILMEMBER ORTIZ
Responding to a question by Councilmember Ortiz, Director Carreon advised that certain funding amounts were allocated for certain items, commonly referred to as "buckets", but as reserves went down, those buckets were depleted. During budget workshops, the Council directed that funds be pulled into pension liabilities. As the city built up its reserves, funding could then be allocated to other items, such as capital projects and infrastructure. Councilmember Ortiz suggested continuing the practice of placing funding in the "buckets".
DIRECTOR CARREON
Director Carreon then continued her presentation and further discussed pending budget concerns.
COUNCILMEMBER BURROLA
Responding to a question by Councilmember Burrola, Director Carreon reiterated her calculations on forecasted PERS cost increases, advised that there are currently 109 retired employees who are receiving pension benefits, and discussed how payments are issued to the retirees.
MAYOR PRO TEM AMBRIZ
In response to a comment by Mayor Pro Tern Ambriz, Director Carreon advised that there is nothing that the city can do regarding the rising PERS rates. But what it could do is bring in developments to bring in revenue to offset those costs. Another option is
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE14 establishing a rate stabilization plan to bring in greater interest rates, or pre-pay some of the fund balances.
COUNCILMEMBER GARCIA
Councilmember Garcia noted that Gonsalves & Sons should be able to help with legislature on new taxes.
OPEN PUBLIC HEARING
At 9:22 p.m., Mayor Breceda opened the public hearing.
CARMEN ROMAN
Carmen Roman complained that two minutes is not enough for her to discuss each point she would like to have discussed. She suggested that less vehicles be purchased to free-up money to invest into the maintenance of the parks, requested that the Senior Center be painted, spoke against an eyeglass vendor that participates in the resident prescription program, spoke about the class and comp study and against giving raises to all city employees, stated her belief that the city does not need a City Manager, a Secretary, an Assistant Manager, and a Clerk, and questioned how an Assistant City Manager would be able to fulfill all the proposed responsibilities. She then suggested freezing the Recreation Manager position, questioned the need to reclassify the Human Resources Technician position to Senior Human Resources Analyst, and questioned the reclassification of the Maintenance Worker I to Maintenance Worker II.
DENA ZEPEDA
Dena Zepeda suggested widening the chairs in the Council Chambers, suggested using funding to improve the parks instead of funding the reclassification of the Pool Manager to a Permanent Part Time Departmental Aide, spoke in favor of reclassifying the Human Resources Technician to Senior Human Resources Analyst, questioned freezing the Housing Coordinator position, spoke very highly of City Manager Davidson, and stated her opinion that the Housing Coordinator needs assistance and the City Manager possibly does not. Responding to a question by Dena Zepeda, City Attorney Galante advised that Gonsalves and Sons is a lobbying firm that has worked with the city for many years. Ms. Zepeda suggested that rising health costs also be factored into employee pay.
TERRY CHICO
Terry Chico expressed her pride in the city and encouraged the Council to thoroughly consider its options.
MICHELLE DURAN
Michelle Duran encouraged fiscal responsibility by the Council
CLOSE PUBLIC HEARING
There being no additional speakers, Mayor Breceda closed the public hearing at 9:44 p.m.
COUNCILMEMBER ORTIZ
Councilmember Ortiz reiterated his belief that the proposed job reclassifications to Senior Human Resources Analyst, Assistant City
CITY COUNCIL MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE15 Manager, and Management Analyst, be postponed. He also stated that the proposed contract with Gonsalves & Son is not necessary.
MAYOR BRECEDA
Mayor Breceda commended city staff for their hard work.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the FY 2017-18 "Operating Budget Requests". The motion was unanimously approved.
MOTION
A motion was made by Councilmember Garcia, seconded by Mayor Pro Tern Ambriz, to approve the FY 2017-18 "Capital Budget Requests". The motion was unanimously approved.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the reclassification of the Part-Time Recreation Aide/Assistant Pool Manager to Permanent Part-Time Departmental Aide. The motion was approved, Councilmember Garcia opposed, all others in favor.
MOTION
A motion was made by Mayor Pro Tern Ambriz to approve the reclassification of the Human Resources Technician to Senior Human Resources Analyst. The motion died due to a lack of a second.
MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to table the reclassification of the Human Resources Technician to Senior Human Resources Analyst. The motion was approved, Mayor Pro Tern Ambriz opposed, all others in favor.
MOTION
A motion was made by Mayor Breceda to unfreeze the Assistant City Manager position and freeze the Housing Coordinator position.
MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to table the unfreezing of the Assistant City Manager position and freezing the Housing Coordinator position.
SECOND TO MOTION
Councilmember Garcia seconded Mayor Breceda's motion.
ROLL CALL
Roll call was conducted for Councilmember Ortiz's motion. The motion failed due to a lack of a majority vote, with Councilmembers Burrola and Ortiz voting in favor, Councilmember Garcia and Mayor Breceda opposed, and Mayor Pro Tern Ambriz abstaining.
ROLL CALL
Roll call was conducted for Mayor Breceda's motion. The motion failed due to a lack of a majority vote, with Councilmembers Burrola and Ortiz opposed, Councilmember Garcia and Mayor Breceda in favor, and Mayor Pro Tern Ambriz abstaining.
JUNE 14, 2017 PAGE16
CITY COUNCIL MINUTES REGULAR MEETING MOTION
A motion was made by Mayor Breceda, seconded by Mayor Pro Tern Ambriz, to discuss the unfreezing of the Assistant City Manager position and freezing the Housing Coordinator position at a later date during the fiscal year. The motion was unanimously approved.
MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Garcia, to table the reclassification of the Public Works Analyst to Management Analyst. The motion was approved, Mayor Pro Tern Ambriz opposed, all others in favor.
MOTION
A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to approve the reclassification of the Maintenance Worker 1 position to Maintenance Worker 2. The motion was approved, Councilmember Burrola opposed, all others in favor.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the overtime request for the Associate Planner and the Administrative Secretary. The motion was unanimously approved.
MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Garcia, to approve the overtime request for the Code Enforcement Officer. The motion was unanimously approved.
MOTION
A motion was made by Councilmember Garcia, seconded by Mayor Breceda, to approve the "budget requests - other funds". The motion was unanimously approved.
MOTION
A motion was made by Councilmember Garcia, seconded by Mayor Breceda, to approve the FY 2017-18 Budget Supplemental Budget Items. The motion was unanimously approved, with Councilmember Ortiz voting against approving the Gonsalves Contract, and Mayor Pro Tern Ambriz recommending that two vehicles be purchased for the parks rather than the recommended amount of four. The motion was unanimously approved.
MOTION
A motion was made by Councilmember Garcia, seconded by Mayor Breceda, to approve the short-term strategies, as outlined in the presentation. The motion was unanimously approved.
ORDINANCE NO. 712 INTRODUCED FOR FIRST READING
Ordinance No. 712, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 201718," was introduced for first reading, reading by title only and waiving further reading thereof, and
JUNE 14, 2017 PAGE17
CITY COUNCIL MINUTES REGULAR MEETING RESOLUTION NO. 2017 -23-2921 ADOPTED
Resolution No. 2017-23-2921, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-18," was adopted, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tern Ambriz, seconded by Mayor Breceda, and unanimously approved.
COUNCILMEMBER BURROLA
Councilmember Burrola thanked Director Carreon for her presentation.
ITEM NO. 3B APPROPRIATION OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (COPS)
APPROPRIATION OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (COPS - CITIZEN OPTION FOR PUBLIC SAFETY}
CHIEF MIRANDA
Chief Miranda discussed the staff report.
OPEN PUBLIC HEARING
At 10:10 p.m., Mayor Breceda opened the public hearing for comments.
CLOSE PUBLIC HEARING
There being no speakers, Mayor Breceda closed the public hearing at 10:11 p.m.
RESOLUTION NO. 2017-27-2925 ADOPTED
Resolution No. 2017-27-2925, entitled:
ITEM NO. 3C SP&DR (DA) PERMIT NO. 03-2017; A REQUEST BY JOHN CATALDO, ON BEHALF OF 3M ORAL CARE SOLUTIONS DIVISION, TO ALLOW THE CONSTRUCTION OF A 4,000 SQUARE-FOOT METAL CANOPY ON PROPERTY LOCATED AT 2724 S. PECK RD.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RECORDING REVENUES AND AN APPROPRIATION IN THE AMOUNT OF $131,702.70 FOR FISCAL YEAR 2016-2017 OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR THE CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAM (COPS), was adopted on the motion of Councilmember Garcia, seconded by Mayor Pro Tern Ambriz, and unanimously approved. SITE PLAN & DESIGN REVIEW (DA) PERMIT NO. 03-2017; A REQUEST BY JOHN CATALDO, ON BEHALF OF 3M ORAL CARE SOLUTIONS DIVISION, TO ALLOW THE CONSTRUCTION OF A 4,000 SQUARE-FOOT METAL CANOPY ON PROPERTY LOCATED AT 2724 S. PECK ROAD
JUNE 14, 2017 PAGE18
CITY COUNCIL MINUTES REGULAR MEETING PRINCIPAL PLANNER SIMPSON OPEN PUBLIC HEARING
At 10:15 p.m., Mayor Breceda opened the public hearing for comments.
CLOSE PUBLIC HEARING
There being no speakers, Mayor Breceda closed the public hearing at 10:15 p.m.
MAYOR PRO TEM AMBRIZ
Mayor Pro Tern Ambriz suggested tabling this matter to a future meeting to allow the applicant the opportunity to be present when it is discussed.
COUNCILMEMBER ORTIZ
Responding to a question by Councilmember Ortiz, Principal Planner Simpson advised that the canopy would not be visible from the street.
MAYOR PRO TEM AMBRIZ
Mayor Pro Tern Ambriz withdrew his request to table this matter.
RESOLUTION NO. 2017-31-2929 ADOPTED
Resolution No. 2017-31-2929, entitled:
ITEM NO. 3D SP&DR (DA) PERMIT NO. 01-2017; A REQUEST BY KEVIN BARRY, IRISH COMMERCIAL, ON BEHALF OF WENDY'S, TO CONSTRUCT A ±2,613 FAST-FOOD RESTAURANT WITH DRIVE-THRU LOCATED AT 15768 ARROW HIGHWAY, IRWINDALE, CA 91706, IN THE C-2 ZONE
Principal Planner Simpson discussed the staff report.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING SITE PLAN AND DESIGN REVIEW (DA) PERMIT NO. 03-2017 FOR THE CONSTRUCTION OF A 4,000 SQUARE FOOT METAL CANOPY OVER AN EXISTING STORAGE/EQUIPMENT AREA AT AN EXISTING MANUFACTURING BUILDING LOCATED AT 2724 SOUTH PECK ROAD IN THE M-1 (LIGHT MANUFACTURING) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF", was adopted, subject to the attendant conditions of approval, on the motion of Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, and unanimously approved. SITE PLAN & DESIGN REVIEW (DA) PERMIT NO. 01-2017: A REQUEST BY KEVIN BARRY, IRISH COMMERCIAL, ON BEHALF OF WENDY'S, TO CONSTRUCT A ±2,613 FAST-FOOD RESTAURANT WITH DRIVE-THRU LOCATED AT 15768 ARROW HIGHWAY, IRWINDALE, CA 91706 IN THE C-2 (HEAVY COMMERCIAL) ZONE
JUNE 14, 2017 PAGE19
CITY COUNCIL MINUTES REGULAR MEETING MAYOR BRECEDA
Mayor Breceda declared a potential conflict of interest with this item, abstained from discussions, and exited the Council Chambers, at 10:17 p.m. Mayor Pro Tern Ambriz resumed the meeting.
PRINCIPAL PLANNER SIMPSON
Principal Planner Simpson discussed the staff report.
COUNCILMEMBER GARCIA
Responding to a question by Councilmember Garcia, Principal Planner Simpson advised that the frontage on Arrow Highway will be consistent with the rest of the block.
OPEN PUBLIC HEARING
At 10:23 p.m., Mayor Pro Tern Ambriz opened the public hearing for comments.
CLOSE PUBLIC HEARING
There being no speakers, Mayor Pro Tern Ambriz closed the public hearing at 10:23 p.m.
COUNCILMEMBER ORTIZ
Councilmember Ortiz made several requests regarding the design of the facility, to which City Attorney Galante suggested re-opening the public hearing and continuing it to the next meeting to allow the applicant the opportunity to address Councilmember Ortiz's requests.
MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to re-open the public hearing and continuing it to the next Council meeting. The motion was unanimously approved; Mayor Breceda absent.
RECESS
At 10:29 p.m., the City Council took a short recess.
RECONVENE
At 10:34 p.m., the City Council reconvened in Open Session with all members present.
CITY MANAGER'S REPORT DIRECTOR TAM
Director Tam advised that the county has recently looked into and approved the installation of left-turn phasing for east/west traffic at the intersection of Cypress and Irwindale. Also, a community workshop was held on Monday regarding parking issues on Calle de Paseo, where several residents attended. Staff discussed the measures it intends to implement to address the issue.
COUNCILMEMBER GARCIA
Responding to a question by Councilmember Garcia, Director Tam advised that some of the issues that will be addressed are speeding along the street, line of sight issues for residents pulling out of their driveways, restriping of pavement markings on speed humps, and the replacement of faded signs.
COUNCILMEMBER ORTIZ
Councilmember Ortiz thanked Director Tam for his efforts.
CITY COUNCIL MINUTES REGULAR MEETING ADJOURNMENT
JUNE 14, 2017 PAGE 20 There being no further business to conduct, the meeting was adjourned at 10:38 p.m., in memory of Alvino Guadarrama and Theresa Gonzales Lara. Laura M. Nieto, CMC Deputy City Clerk
JUL 1 2 2017 CITY OF IRWINDALE PAYROLL WARRANT REGISTER June 2017
403-06-17, 404-06-17, 405-06-17 DEPARTMENT
Payroll Batch DATE OF ISSUE 6/8/17 11 13 14 15 35 40 42 44 51 52
1,253.10 27,938.29 15,327.48
City Council City Administrative Office Finance Department Summer Youth Police Department Recreation Department Senior Citizens' Center Library Community Development Public Works Gross Payroll Required Deductions Voluntary Deductions Net Payroll
414-06-17, 415-06-17 DEPARTMENT
Payroll Batch DATE OF ISSUE 6/19/17
Gross Payroll Required Deductions Voluntary Deductions Net Payroll
417-06-17, 422-06-17 DEPARTMENT 11 13 14 15 35 40
155,345.78 15,755.36 8,263.71 9,017.69 16,925.76 55,884.29 305,711.46 (86,095.67) (7,297.06) 212,318.73
AMOUNT
35 Police Department
Payroll Batch DATE OF ISSUE 6/22/17
AMOUNT
40,405.51 40,405.51 (1,477.29) 38,928.22
AMOUNT
City Council City Administrative Office Finance Department Summer Youth Police Department Recreation Department
7,779.46 27,609.13 14,729.61
42 Senior Citizens' Center
44 Library 51 Community Development 52 Public Works Gross Payroll Required Deductions Voluntary Deductions Net Payroll
137,734.07 20,826.69 8,319.46 9,379.50 50,981.10 54,950.30 332,309.32 (80,686.96) (7,394.85) 244,227.51
Accounts Payable Checks by Date - Summary By Check Number User: Printed:
mzepeda 7/6/2017-11:21 AM
Check Number
Vendor No
Vendor Name
Check Date
62775
CINGULAR
06/22/2017
3,598.54
62776
AyalaOI
06/22/2017
225.00
62777
CALIF002
62778
CHICOR
AT & T Mobility Leonor Ayala California American Water Richard Chico Daniel T. Martinez FedEx Frontier Communications Manuel Garcia Golden Optometric Group Dan Grijalva Heather L. Hansen Robert Hartman MCI Comm Setvice One World Rhythm City ofliwindale Petty Cash Purchase Power Ricoh USA, Inc Gustavo Romo Marilyn Simpson Southern California Edison Art Tapia Louis Dennis Ulibarri Verizon Wireless American Fidelity Assurance American Fidelity Assurance Co California Public Employees Reth Irwindale City Employee Assoc. Irwindale Mgmt Employee Assoc. Irwindale Police Officers Assoc. National Union Fire Insurance Standard Insurance Co. RV Standard Insurance Company Texas Life Insurance Co. Richmont Consulting, Inc. Alliant Insurance Services Amazon Albert Ambriz Mariela Avila Leonor Ayala Mark A. Breceda Rene Burguan Gina Chirino Daniel T. Martinez Delta Dental Insurance Company Chris Diaz
62779
DRDANI
62780
FEDEX
62781
FRONTOl
62782
GARCIA03
62783
GOLDENOl
62784
GRIJALOl
62785
HANSEN05
62786
HARTMAOl
62787
MCIWOR
62788
ONEOl
62789
PETTYC05
62790
PURCHA
62791
RICOH02
62792
ROM003
62793
SIMPSOOl
62794
SCE02
62795
TAPIAA
62796
ULIBAROl
62797
verizonw
62798
AMERIFID
62799
AMERIC34
62800
PERS
62801
!CEA
62802
IMEA
62803
IRWIND02
62804
NAT!ON23
62805
STANDAOl
62806
STANDA03
62807
TEXASOl
62808
RICHMOOl
62809
ALLIANOl
62810
AMAZON
62811
AMBRIZ05
62812
ALVARE06
62813
AyalaOl
62814
BRECED04
62815
BURGUAOl
62816
CHIRINO
62817
DRDANI
62818
PMIDEN
62819
DIAZ04
AP-Checks by Date- Summary By Check Number (7/6/2017 - 11:21 AM)
Check Amount
06/22/2017
11.86
06/22/2017
65.13
06/22/2017
1,670.00
06/22/2017
12.53
06/22/2017
45.70
06/22/2017
165.35
06/22/2017
5,775.00
06/22/2017
78.14
06/22/2017
300.00
06/22/2017
41.61
06/22/2017
33.54
06/22/2017
350.00
06/22/2017
450.12 3,138.99
06/22/2017 06/22/2017
591.41
06/22/2017
534.80
06/22/2017
228.22
06/22/2017
189.62
06/22/2017
106.13
06/22/2017
800.00
06/22/2017
8.54
06/22/2017
4,755.00
06/22/2017
1,523.10
06/22/2017
190,355.87
06/22/2017
540.00
06/22/2017
300.00
06/22/2017
3,029.20
06/22/2017
499.96
06/22/2017
515.90
06/22/2017
1,802.99
06/22/2017
613.45 5,000.00
06/27/2017 06/29/2017
1,579.00
06/29/2017
3,004.07
06/29/2017
22.13
06/29/2017
16.00
06/29/2017
62.50
06/29/2017
62.60
06/29/2017
900.00
06/29/2017
180.00
06/29/2017
1,911.00
06/29/2017
1,654.27
06/29/2017
57.00
Page 1
Check Amount
Vendor No
Vendor Name
Check Date
62820
FEDEX
6.47
62821
06/29/2017
142.60
62822
LEVELOI
FedEx Gas Company, The Level 3 Communications
06/29/2017
GASCOM
06/29/2017
1,933.22
62823
MCI
MCI
06/29/2017
34.26
62824
RAFTERJ
06/29/2017
360.00
62825
RAN CHOO!
62826
RICOH02
62827
SCE02
Check Number
62831
VISIONOI
62832
WAGONER
John Rafter Rancho Duarte Florist Ricoh USA, Inc Southern California Edison Sparkletts Drinking Water Yvette Taylor Valley County Water District Vision Service Plan - (CA) Pamela Wagoner
62833
ACE04
ACE, CD
06/30/2017
407.00 3,390.40
62834
AFFORD02
9,968.00
AMBRIZ02
06/30/2017
300.00
62836
ARIAOI
06/30/2017
10.00
62837
ARNOLD02
Affordable Additions Virgina Ambriz Richard Aria Mardi Arnold Christopher Baez Shayna Balli David Barbosa Rebecca Barbosa Louise Bush Sandra Byrwn CASC Engineering & Consulting Corina Celaya Maria G. Cervantes Lucy Cheney Linda Chico Contractors Carpet Center Laurie Crisman Delong Unlimited Lupe Diaz Alva Dominguez Erika Dominguez Graciela Dominguez Durfee Middle School eLifeguard, Inc. Olga Enterrios Ismael Escarcega Joanne Escujuri Iris Espino Andres Estrada Gloria Evans Maria Figueroa Gus Freire Rosalia Gambino Louie Garcia Ruth Garcia Roberta Goldberg Ray Gonzales Daniel M. Grijalva Janice Guzman Anne Hawkins Bridget Hennebry
06/30/2017
62835
62828
SPARKL
62829
TAYLOR02
62830
VALLEYOI
62838
BAEZOI
62839
BALL!OI
62840
BARBOSO!
62841
BARBOS03
62842
BUSHOI
62843
BYRUMOI
62844
CASCO!
62845
CELAYAOI
62846
CERVAN09
62847
CHENEYO!
62848
cmcoo1
62849
CONTRAOI
62850
CRISMAO!
62851
DELONG
62852
DIAZLU
62853
DOMING04
62854
DOMINGOS
62855
DOMING09
62856
DURFEE02
62857
ELIFEGUA
62858
ENTERROI
62859
ESCARCOI
62860
ESCUN02
62861
ESPINO IO
62862
ESTRAD04
62863
EVANS02
62864
FIGUEROI
62865
FREIREOI
62866
GAMBINO!
62867
GARCIA07
62868
GARCIA30
62869
GOLDBEOI
62870 62871
GRIJAL05
62872
GUZMAN03
62873
HAWKINOl
62874
HENNEB
GONZALIZ
AP-Checks by Date- Summary By Check Number (7/6/2017 - 11:21 AM)
06/29/2017
117.17
06/29/2017
380.93
06/29/2017
1,020.29
06/29/2017
136.08
06/29/2017 06/29/2017
75.00 53,69
06/29/2017
3,715.47
06/29/2017
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
7.50
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
2,392.50
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
9,406.56
06/30/2017
10.00
06/30/2017
632.93
06/30/2017
75.00
06/30/2017
20.00
06/30/2017
150.00
06/30/2017
75.00
06/30/2017
100.00
06/30/2017 06/30/2017
163.55 10,00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
7.50
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
Page2
Check Amount
Check Number
Vendor No
Vendor Name
Check Date
62875
HOLLIDOl
06/30/2017
10.00
62876
HULSMAOl
06/30/2017
10.00
62877
IMRICHG
06/30/2017
10.00
62878
IRWINOl
Michael Holliday Michael Hulsman Graciela Imrich Richard Irwin Johnny's Pool Service Yvonne Jorgensen Alice Keilty Paul Kellermann Lois Kipper Paula Laporte Lewis Engraving, Inc. Lincoln Aquatics Barbara Lo)2;an Los Angeles County Evelin Mairen Rhonda Maldonado Jackie Manian Sally Maresh Martin & Chapman Co. Alicia Martinez Nelson Martinez Irma Meza Francisco Miranda Magalce Miranda David Monteros Eleanor Muraca Christine Neil Office Depot Serafin Olivares Trinidad Olivares Chritiana Olivarri Vanessa Oropeza Robert Ortega Ariana Ortiz Leslie Pacheco Caroline Pacho Margie Padilla Elizabeth Perez Alvin Peters Jacqueline Pineda Adam Quinones Petra Rivera Nova Robinson Rogelio's Upholstery Magdalena Romero Ronald Roston Ross Rouse Carmelita Ruiz Sara Ruvalcaba SC Fuels Chuck Stanzione Linda Strobehn Elisa Urenda Arlene Vaca Yamada Enterprises
62879
JOHNNY02
62880
JORGENOl
62881
KEILTYOl
62882
KELLEROl
62883
KIPPEROl
62884
LAPORTOl
62885
LEWISE
62886
LINCOL03
62887
LOGANOl
62888
LOSANG09
62889
MAIRENOl
62890
MALDON02
62891
MANIANOl
62892
MARESHOl
62893
MARTIN08
62894
MARTIN38
62895
MARTIN41
62896
MEZA03
62897
MIRAND24
62898
MIRAND20
62899
MONTER06
62900
MURACAOl
62901
NEILOl
62902
OFFICE03
62903
OLIVAR05
62904
OLIVAR04
62905
OLIVAR06
62906
OROPEZOl
62907
ORTEGA06
62908
ORTIZ09
62909
PACHEC02
62910
PACHOOl
62911
PADILL06
62912
PEREZ13
62913
PETERS04
62914
PINEDA02
62915
QUINONES
62916
RIVERA03
62917
ROBINS
62918
ROGEL!
62919
ROMER004
62920
ROSTONOl
62921
ROUSEOl
62922
RUIZ04
62923
RUVALCOl
62924
SCFUELS
62925
STANZ!Ol
62926
STROBE02
62927
URENDAOl
62928
VACAOl
62929
YAMADAOl
AP-Checks by Date - Summary By Check Number (7/6/2017 - 11:21 AM)
06/30/2017
10.00
06/30/2017
82.62
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
93.53
06/30/2017
620.96
06/30/2017
75.00
06/30/2017
1,800.23
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
20.00
06/30/2017
2,443.38
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
100.00
06/30/2017
20.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
1,917.67
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
150.00
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
7.50
06/30/2017
10.00
06/30/2017
460.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
10.00
06/30/2017
2,422.06
06/30/2017
785.00
06/30/2017
75.00
06/30/2017
10.00
06/30/2017
75.00
06/30/2017
3,007.56
Page 3
Check Number
Vendor No
Vendor Name
Check Date
62930
YEUNGOl
10.00
BALLOO
07/12/2017
20.00
62932
CALIF040
62933
CALIF026
Sanny Yeung Balloons 'N' More California Municipal California Police Chiefs
06/30/2017
62931
62934
CAPEOl
CAPE
07/12/2017
45.00
62935
DELONG
Delong Unlimited
07/12/2017
295.80
62936
JUSTIRE
Just Tires
07/12/2017
502.87
62937
LACOPO
LACPCA
07/12/2017
200.00
62938
LEAGUE02
League Of California Cities
07/12/2017
924.00
Liebert Cassidy Whitmore Municipal Code Corporation Carlos Nieto III Public Agency Risk Managers Aaron Reyes SoniC!ear Southern CA Assoc Of Govenunt: Swank Motion Pictures, Inc. Trophy Center Rene Burguan Joe Arthur Espinosa Lake Natoma Inn Wonders of Wildlife
07/12/2017
3,400.00
62939
LIEBERT
62940
MUNICI04
62941
NIET002
62942
PARMAOl
62943
REYES06
62944
SONICL
62945
SOUTHE04
62946
SWANKOl
62947
TROPHY
62948
BURGUAOl
62949
Espino06
62950
LAKEOl
62951
WONDER02
07/12/2017
155.00
07/12/2017
419.00
07/12/2017
225.00
07/12/2017
250.00
07/12/2017
150.00
07/12/2017
950.00
07/12/2017
405.64
07/12/2017
226.00
07/12/2017
723.00
07/12/2017
151.71
07/06/2017
4,200.00
07/06/2017
950.00
07/06/2017
285.00
07/06/2017
275.00
Report Total:
AP-Checks by Date- Summary By Check Number (7/6/2017 - 11:21 AM)
Check Amount
303,133.92
Page4
Electronic Payments June2017 June 16-30,2017
Reference Nun1ber
ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH
IRWINDAL Amount
Vendor Name
Date
EDD
6/23/2017
4,769.41
Federal Tax
6/23/2017
14,285.90
EDD
6/27/2017
9,128.35
Federal Tax
6127/2017
30,544.29
ICMA PARS-PT PARS-FT PARS-FT
6/22/2017
322.85
6/22/2017
970.84
6/22/2017
16,296.57
6/30/2017
68,850.89 6,242.00
Nationwide-457 Plan & Trust
6/22/2017
Nationwide-Roth Cotribution-457 Plan & Trust
6/22/2017
830.00
CalPERS
6/27/2017
51,574.01
Report Tota!:
203,815.11
12JCity Council DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
City if
IRWINDALE
COUNCIL AGENDA ITEM IC. JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Award of Contract to Complete Paperless Solutions for Electronic Content Management System, Software Support and Implementation Services and Adopt Resolution No. 2017-42-2940 Appropriating Funds for the Project
City Manager's Recommendation:
Award a contract to Complete Paperless Solutions in the amount of $28,680, authorize the City Manager to execute the contract, and adopt Resolution No. 2017-42-2940 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING APPROPRIATION OF FUNDS FOR THE IMPLEMENTATION OF AN ELECTRONIC CONTENT MANAGEMENT SYSTEM" reading by title only and waiving further reading thereof. Background and Analysis:
In 2005 the City of Irwindale acquired Sire Technologies for the City's electronic content management system to maintain City records for multiple departments. The Public Works Department, Engineering Division has been using ArchiveCenter for the scanning and storage of various maps and documents. Sire Technologies has since been purchased by another company and is no longer supporting or updating the product that the City currently utilizes; ArchiveCenter is no longer a viable option for this function as it is also no longer supported or updated. Staff was looking for a software program that could eventually be used Citywide for the storage and retention of City records. On March 22, 2017, the City Council approved the issuance of a Request for Proposals titled, "Electronic Content Management System, Software Support and Implementation Services". On May 1, 2017 the City received six (6) proposals from the following firms: Vendor Name Complete Paperless Solutions ECS lmaqinq, Inc. ELO Diqital Office Corporation Konica Minolta MASTEK Phoenix Business Consulting
Software Offered Laserfiche Laserfiche ELOprofessional On Base IBM FileNet On Base
Proposal Amount $40,450 $41,080 $24,060 $31,452 $760,950 $236,300
Page 1
A committee comprised of staff from the City Clerk's office, Public Works I Engineering and BrealT reviewed each of the proposals. It was determined that while ELO Digital Office Corporation's cost most closely met the budgeted amount of $23,000, they did not have any references from California municipalities and the product they are offering would not meet the City's needs; Konica Minolta's proposal did not include a cost for data migration of ArchiveCenter and only included a "to be determined" reference for the cost of Professional Services; both MASTEK and Phoenix Business Consulting were not considered because their proposed contract amounts far exceeded the City's budgeted amount. The committee decided that Laserfiche software would be the best product to meet the needs of the City as it is one of the most commonly used electronic document management systems for cities in the State and it is known for its reliability and potential expansion. Brea IT staff has a strong familiarity with the product and has worked with the Laserfiche software in several jurisdictions. Laserfiche's business model is to license their software to Value Added Retailers, who sell the software directly to the clients, while offering customized training and ongoing support services. Therefore, the products offered by CPS and ECS are basically identical, with the only significant differences being the level of service offered and their experience with similar installations in other cities. The decision to award the contract to Complete Paperless Solutions is based on the firm's competitive cost relative to the other Laserfiche vendor, excellent reviews from current customers, and experience implementing and supporting Laserfiche with other local government agencies such as the cities of El Segundo, San Bernardino and Westminster. Another component of this project is the scanning of several thousand large format sheets (36" x 24") for the Public Works Department. Complete Paperless Solutions has provided a per-page quote with its proposal which is included in the Agreement. Funds have been budgeted for this service and the Public Works Department will open a separate purchase order for this service. Fiscal Impact:
The contract amount of $28,680 includes a new SQL server; one year of VIP On-Site Support; a public portal granting web access to designated city records, thereby creating efficiencies for staff when responding to Public Records Act Requests; and an Import Agent which will allow staff to utilize existing scanners to input new records rather than purchasing desktop scanners. The annual cost for basic support after the first year will be$4,190. City Council adopted the Fiscal Year 2017/2018 Budget at its meeting of June 28, 2017 with a line item of $23,000 for this project. Staff is requesting that City Council adopt a resolution approving an appropriation of an additional $7,440; $5,580 from General
Page 2
IZICity Council DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
Cityef
IRWINDALE AGENDA REPORT
Fund Reserves and $1,860 from Special Mining for implementation of an electronic content management system. This appropriation will cover the difference between the budgeted amount and the final contract amount. It also includes $1, 760 for Brea IT to complete the migration for both existing systems, rather than the contractor, which will be a $10,240 cost savings for the City. The migrations are expected to take place on two Fridays, work to be performed during normal operating hours for the setup and migration of this system will be absorbed in the existing Brea IT contract . Review:
Fiscal
Impact:~
Legal Impact:
(Initial of CFO)
i:;:,4-~itial of Legal Counsel)
Prepared By/Contact:
Laura Nieto, Chief Deputy City Clerk
Phone:
(626) 430-2202
Attachment(s):
Resolution No. 2017-42-2940 Contract Services Agreement
Page 3
RESOLUTION NO. 2017-42-2940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING APPROPRIATION OF FUNDS FOR THE IMPLEMENTATION OF AN ELECTRONIC CONTENT MANAGEMENT SYSTEM WHEREAS, the City Council adopted the Budget for Fiscal Year 2017-2018 (FY17/18) on June 28, 2017; and WHEREAS, the FY 17/18 Budget includes a line item in the amount of $23,000 for the implementation of an electronic content management system; $17,300 from the General Fund and $5,700 from Special Mining; WHEREAS, staff is requesting City Council award a contract to Complete Paperless Solutions for implementation of an electronic content management system; WHEREAS, the proposal amount and related costs for implementation is $30,440, which requires an additional $7,440 to be appropriated; $5,580 General Fund and $1,860 Special Mining to the FY 17/18 Budget; NOW, THEREFORE, THE City Council of the City of Irwindale, California, resolves, determines, and orders as follows: Section 1. Approve an appropriation of $5,580 from General Fund Reserves and $1,860 from Special Mining for implementation of an electronic content management system. Section 2. This resolution shall be effective upon adoption.
PASSED, APPROVED AND ADOPTED this _ _ day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura M. Nieto, CMC Chief Deputy City Clerk
Resolution No. 2017-42-2940 Page 1
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE
} } ss. }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-42-2940 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the_ day of July 2017, by the following vote: AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, CMG Chief Deputy City Clerk
Resolution No. 2017-42-2940 Page 2
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF IRWINDALE
and
COMPLETE PAPERLESS SOLUTIONS (CPS)
- 101102.0001/269852.1
AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF IRWINDALE AND COMPLETE PAPERLESS SOLUTIONS
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 121h day of July 2016 by and between the City of Irwindale, a California municipal corporation ("City") and Complete Paperless Solutions, ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defmed and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Irwindale's Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT
1.1
Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services 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 -201102.0001/269852.1
intended. For purposes of this Agreement, 1he 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 1he Consultant's proposal or bid which shall be incorporated herein by this reference as 1hough fully set forth herein. In 1he 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 1he 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 1he 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
Familiaritv wi1h Work.
By executing 1his 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 1his 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 wi1h the conditions there existing, prior to commencement of services hereunder. Should 1he 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. 1.6
Care of Work.
The Consultant shall adopt reasonable methods during the life of 1he Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components 1hereof 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.
-301102.0001/269852.1
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 make 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 ofthis 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 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.
-401102.0001/269852.1
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 twenty eight thousand six hundred eighty dollars ($28,680) (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 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.
-501102.0001/269852.1
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.
ARTICLE3.PERFORMANCESCHEDULE 3.1
Time of Essence.
Time is of the essence in the performance of this Agreement. 3.2
Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3
Force Majeure.
The time period( s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthqualces, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any govermnental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.
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3.4
Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
ARTICLE 4. COORDINATION OF WORK 4.1
Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name)
(Title)
(Name)
(Title)
(Name)
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall malce 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, -701102.00011269852.1
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 John Davidson, 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 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.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1
Required Insurance Policies.
Without limiting Consultant's indenmification 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 oftills 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, nonowned or rented veillcles, 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 tills 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 tills 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.
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(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) Citv'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. Acceptable Insurers. All insurance policies shall be issued by an insurance (e) company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (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 siruilar 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) Reguirements Not Limiting. Requirements of specific coverage features or liruits 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. - 10 01102.0001/269852.l
(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. G) 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. (I) 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 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) Citv'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. Deductibles/ Self-insured Retentions. Any deductibles and self-insured (o) 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. 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. (p)
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. (q)
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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 siguature 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 ofthis Agreement. 5.4
Indemnification.
(a) Indemnitv for Professional Liabilitv. 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) Indemnitv for Other than Professional Liabilitv. 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 malce 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, - 12 01102.0001/269852.1
custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2
Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3
Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4
Confidentiality and Release of Information.
(a) .All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City - 13 01102.00011269852.1
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 attorneys 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 sunnnons, 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
CaliforniaLaw.
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 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.
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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. 7.6
Legal Action.
In addition to any other rights or remedies, either party may talce 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 - 15 01102.00011269852.1
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. 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 ofinterest.
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 - 16 01102.0001/269852.l
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 ofthis 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 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 ofirwindale, 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.
- 17 01102.0001/269852.1
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 no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, aITangements, 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
Severabilitv.
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
W=anty & 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 waITants 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 w=ants 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 - 18 01102.00011269852.1
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 - - 9.7
Corporate Authoritv.
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.
[SIGNATURES ON FOLLOWING PAGE]
- 19 01102.0001/269852.1
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
John Davidson, City Manager ATTEST:
Laura M. Nieto, CMC, Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney CONSULTANT:
By: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Name: Title: By: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Name: Title:
Address: _ _ _ _ _ _ _ _ _ _ _ __
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.
- 20 01102.0001/269852.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2017 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose narnes(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:
OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER
D D
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S)
D
PARTNER(S)
D D D D
ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER
D D
LIMITED GENERAL
SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES))
01102.0001/269852.1
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of tbe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA COUNTY OF LOS ANGELES , 20 I 7 before me, , personally appeared proved to me on On the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:
OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER
D D
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S)
D
PARTNER(S)
D D D D
ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER
D D
LIMITED GENERAL
SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES))
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A" SCOPE OF SERVICES See attached proposal
(
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Hv1['LEiv!ENTATION SERVICES
cps I
Comp1ete P::iperle3s
Solutions
4025 E. La Pnlma Avenue, Suite 204 Anaheim, CA 92.807 tel: 866-661-2425 fax: 714-716-8215 www.cps247.com
Letter of Transmittal May 1, 2017
City of Irwindale City Clerk's Department 5050 N. Irwindale Irwindale, CA91706 Dear MS. Nieto,
We are pleased to submit the attached proposal in response to the Request for Proposal for Electronic Content Management System, Software Support, and Implementation Services. Complete Paperless Solutions (CPS) is a certified Value Added Reseller (VAR) of the award~winning laserfiche1 "' Enterprise-Content Management solution as well as a respected systems integrator and consultancy. The cps·staff focuses its business on helping Munidpallttes like the City of Jrwlndale to meet the challenge of providing a great public se_rvice_to your citizens while working in a high-demand, electronic rec0-rds-
lntensive environment. Our support and professional services team has over eighty years combined experience with the proposed services and solution and is currently ma~ntaining over one hundred and thirty similar systems in the
United States. We would be pleased to discuss any aspect of this proposal and to provide additional information relate.ct to our proposed solution or ability to deliver. We look forward to-you positive revtew of this propqsal and to answering any questions that may arise,
Page2 of 30
. . ,,,.,,.,. . . , Cps I .'''"'"'"}
Table of Contents Letter of Transmittal. .........-.................. ,., ................ ,,, ........ ,, ............................................................................. 2 1.
Executive Summary ........................................................~.......................................................................... 4
2.
Responses to Required Questions ...................................................... ,, .................................,.,-•........ ,.. ,.... 5
2.1 Product Description ................................................................................................................. ;.., .•.......... 5 2.2. Company Background ...........................................................................,................................................. -6 2.3 Fina_ncial Conditions -litigation - Roadmap ............................................_............................................... 7 2.4 Solution Meeting Requirements ...•......•••.. ,..............................................................................,............. 7
2.5 Solution not Meeting Requirements ................................................................................................... 15 2.6 Record Access . ., .. ~ ....... ,................................................ ,; ....................................................................... 16 Hide, display or rearrange different components of each search result ............................,.. _........-........... 17
2. 7 Estimated Costs , .......................................... ,,. ............... ,, ........................................................... ,, ......... 18 2.8 Support Levels ......................................................................_.v............... ,.................................... " ....... 18 Laserflche Software Assurance Plan (LSAP) ................................................ ,, ........................................... 19
Complete Paperless Solutions VIP Support ......................................... ,,n .............. ,. .......................... , ...... 19 Upgrades ............................................,............................................ ., ..................................................... 20 Associated Costs ...................... ,............................................................................................................... 20 2.9 Preferred and Optional Features ..................................................... ,....................... ,............................. 20 2.10
Implementation Timeline ................................................................................................................ 21
2.11 Storage ......................... ,........................ " .. ,....................-........... ,........................................................... 22 2,12 Saas Option ............_.. - .................... ,........ ., ...................... -.. - ......................................................-......... 22 2.13 Laserfiche Access for People with DJsabilities .....................,., ............................................................. 23 2.14 Last Upgrade Release ..................................,.......................................................... ,............................ 23
2.15 Upgrade Release .... ,............................................................................................................................. 24 2.16 System Requirements ....................._..... ,._._...................................................... ,............... ,, ..........•, .•...••.. 25
Z.17 Cost per Page ............................................................. ,......................................................................... 27 3.
Third Party_ Products ................................... ~ ......................................................................................... 27
4.
Client References ..... ;... ,, ..............," .............. ,, ...........-......................................................... ,, ................... 28
5.
Non-Discrimination Statement., ....................................................................................,,, .. ,.,.................. 2.9
6.
Disclosure of Flnanclal !nterests., ............................................................. ,.............................................. 30
Page 3 of30 City of Irwindale - EDMS RFP
1. Executive Summary
The City of Irwindale is seeking to acquire and implement a comprehensive electronic content
mant:igement system, including all software and related services. The City's goal for this project is to implement a more streamlined and efficient method to manage records and meet the challenge of providing excellent pub!ic service to its citizens and staff while working in a high-demand, electronic
records-intensive environment. Complete Paperless Solutions (CPS) is submitting information to deliver to the City of Irwindale with an "out of the box" Enterprise Content Management {E-CM) solution that offers a central repository for storing
your public records, while providing ease of access using an intuitive folder structure and robust security. proposing the award winning Laserflche Avante solution, Laserflche Avante Is a cutting-edge-agile ECM system that combines comprehensive content management functionality with business process management (BPM) tools to both manage and process information. By managing all organizational content-both structured and unstructured-throughout its life cycle, Avante ensures that Information is an asset that Is consistent, reliable, useful and available; ft facilitates compliance through failsafe security and auditing features. CPS Is
Laserfiche Avante empowers your organization to operate more efficiently, effectively, and in a more profitable manner by promoting fntelligent decision-making organization-wide.
In Avante, document imaging, document management, records mariagement, and business process management functionalities are all provided through the core arChftecture.
CPS will be providing the City of Irwindale with a turnkey solution, including all software .and related services for the design, data migration, development, deployment, training and support of-the system. CPS Ctln Implement the solution within a week.
With-over BO years of combined experience in content management knov.r-how, CPS is an award-winning, premier reseller of the Laserfiche ECM platform. Our e>
The proposed solution meets most of the reqLJirements of your RFP and is compliant with Section 508. The proposal is valid for a 90-day period.
Page4 of 30 City of Irwindale - EDMS RFP
2. Responses to Required Questions
Complete P
solution. Laserfiche allows you to store, organize, and access your organizcition's informntion. It consists of the laserfiche-Sei"ver, which hosts your-informatiori, and the Laserfiche client applications, which allow you to nccess
rn two flavors: Microsoft SQL Server and Microsoft SQL Express. SQL Express is
a free d
na! component that the City of Irwindale will have to purchase in addition to the Laserfiche server unless the City is already using it for other Internal applications.
Jn order to access the Laserflche server or repository {allows information to be organized and <1cces-sible from a central location), the City of Irwindale will require the Li;lserfiche Client. For example, if the City Clerk'-s office has a staff of three, the department will require three Las:erflche named users. Each user pending on-security wlll have full access rights but will also be able to scan, lmport, lndex1 OCR, store1 retrieve and distribute content Via emaiL Along with the server and the client, the City will .also receive at no additional cost the Laserliche Workflow {built~in business process mal1"!gement tools offering rules-based routing, email notjfi<;:ations and activity monitoring), Laserfiche thin or web based-client and Laserfiche Mobite in or-der to access content from a tablets or smart phones. ln addition, We are recommending. the Laserfiche Public Portal, which ls a user-frlendly public-portal-site that provides read~only Internet access to documents for additional staff and constituents. It can be configured to show searches and lists that quickly guide users to what they are looking for and it can dlsplay a visual style that matches your existing Web·sfte. This en
The current L
Page 5 of 30 City .of trwindale - EDMS RFP
Complete Paperless Solutions (CPS) is headquartered in Anaheim with offices in Paso Robles and Vista. CPS
has been in business since 1996 and is an employee own company and employs eleven (11) staff members. I
CPS is currently assisting anti supporting over-one hundred and thirty clients on a national level mainly in California and also in Florida, LDuisiana, Massachusetts, New York,-Pennsylvanla, Texas and Wisconsin. CPS has the highest ratio of support people per customer in California among any other Laserfiche VARs. CPS is <:ilso a proud Platihum sponsor of CLEARS and Silver sponsor of the CCAC. With over 80 years of combined experience in content management know-how, CPS is an award-winning, premier reseller of Enterprise Content Management Products (ECM). In fact over the years we've become California's ugo-to" ECM vendor of choice. CPS's portfolio of sk!lls includes: full tn-house support, business and systems analysis and development and customization resources. Our ability to integrate with existing app!iciltions 1:1nd mnke content management "work-how-YOU·work" Js unparalleled. Additionally, both private and public sector clients recognize that CPS is 1'THE" systems Integrator when it comes to meeting both governance and compli;;inc;e statutes. Whether implementing a paperless-invoicing process or enhancing client/case management, CPS has created and implemented systems for law enforcement, clerks offices, county and local governmenq;, courts1 schools, legal servii:es, property management, bililng services and many, many more, A representative sampling of some of our customers would include the Cities of Bakersfield, Big Bear, Chowchilla, Claremont, Cerritos, Commerce, Covina, E-1 Centro, El Monte, El Segundo, Encinitas, Fontana, Fountain Valley, Gilroy, La Habra HelghtsJ Lodi, Menifee, Montclair, Montebello, Murrieta, Petaluma, Pismo Beach, Porterville, Poway, Redondo Beach, Rosemead, San Bernardino, Santa Clarita, Seal Beach; Taft, Westminster and Yucaipa just to name a few. Tht! first Laserfiche Installation by CPS was in 1997 for the San Luis Obispo Sheriff Department which is stRl up to today CPS Laserflche dierit Our largest implementation is Spindletop of Beaumont Texas and part of the EastT~xa_s Behavioral Health N_etwark (ETBHN). Sp!ndletop has a Laserfiche RIO solution that includes 227 names users1 1,546 read only users and a Public Portal for unlimited users. A-s suggested above, CPS has over 130 customers. If CPS has implemented the Laserfiche solutions to around 70% of its customer base, It is also true that CPS inherited 30% of its customer from other Laserfkhe Certified Resellers due to a lack of their customer support and satisfaction and technical challeng~s.
There will be no other vendor involved with the implementation of Laserfiche and conversion of Sire and Archive Genter.
Po:ige 6 of 30
City of Irwindale - EDMS RFP
As suggested c:ibove, CPS has been in business sln_ce 1996 and we are thriving. 2015 sales revenue was over twQ milllon dollars and current income for 2016 has already reathed 50% of last year's sales, Our current
liquidity ratio is 4.51. There are no current issues an the financial asper.ts of the company nor are there any outstil.nding threil.ts or litigation.
Laserfiche is currently our main focus. However, in January 2015, CPS created a new company, Formidable
MDC (http://www.formidablemdc.com). Formidable is an easy-to-use pen ar)d forms processing technology that can help you capture your field data faster and more securely than ever. A digital pen, together with paper or any IDS, Android or Windows device, can record an exact image of your handwriting and the form it was written on. The pen, converts your handwriting ta text an.d wire!essly, or through a USB port1 transfers and synchronizes the data to an external database as well as In laserfiche. The focus market
ate Law Enforcement, Mu-niclpalitles, and any organizations Wfth field agents and forms. Additlona!ly, we created a new pa_rtnership with s_hotcaller Global, Inc. (http://shotca!lervlobalinc.com/), Th_e GunOps product is a highly secure, doud~based platform to manage all gun crime tracking data in any loc.atlon and from any deVice. Shotcaller'Globa! is the reseller of the solution and CPS Is the technical resource for implement<'.ltton .and support services, Obv!ously; the focus-mark-et is law Enforcement. Laserfkhe1 Formldable and GunOps are aU complimentary platforms and that enhance and diversify CPS's enterprises.
2,4 Sn!utiun Mt•t:d_:ing Requiretnenls The laserfiche enterprise content management system is designed to be straightforward to purchase, deploy, extend, administer and support. The solution gives IT managers central control over their information Infrastructure, indudlng standards, security and auditing, while still offering buslness units the flexlbi!lty to react quickly to changing conditions. To simplify system administration,. the Laserfiche product suite is built on top of Microsoft technologies, deploys quickly a-nd easily scales to accommodate both an increasing number of users and high-volume repository growth. Please see below the Laserflche Product Feature Matrix, Including the following feotures: o o
Content Management Document Management
o
Records Management
o
Administration and Configuration
Page7 of 30 City of irWJndale - EDMS RFP
Content Management Features
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Page 8 of 30
City of lrwindale-EDMS RfP
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permi.solors.
IJf'iPtinn~·
'>J>rt:P\Pryr:l~BJ11
llornnt>ntc, in thP rf'ryr.IP h!n ha~P or\;;lCli\I sr1e;1rl1y fdi'/ putgl! 1l.-0:1•~ ftOP\ the ll:t.Vd
lnta~L
Ar.lrnhstrnlors can.::ontrol wh ch users a'e <1llowed to
p1mmm~·1tl•/
l.t
'.,1Dl\-we Cl1ec!mn~s: Ve1ify ~het the cofite1ts cl 'f'OL•r '/Oltt-'11e
h~'l'e
not
b~en altl:'-r<'rl
outsi::le o: l.21s.,rfichl!.
(~t_
'>Pr.11r" ::-_nrr.rnunir.Brk-i: Suppor l for S':>l 'or ''"r11cr, rnmnrn1· r.;ibon.
Digltal
s-·g1;i;:ur~s:
Sign and'l':i:lldate rio1:unient contents (lir~cliy wlthlri wur 'L'p<:1;lt1:.1v w.tnn rlir,il-.1 •Jr,n~t iJrP-~ Securl~/ Watern13r~s:
('.t'~~tP. 11" El"\lfatcry W1lter0".
U!!''.!'JC~i
M1
'
for p'rlrtteo:!, exported or viewed docurre1::~
'Jnr.11n1r11t.~
Acee~> ~ny b1S
Wor-dlul':
unit1l•t> !Ht CJr Pnt "f ID_
:SD\~
1,Yor~~with the '.ilSffll\,'r!Jrh0 ;:;ppljrntinrr. ITT-1.'.l"P->th1g t•J.sttirr. bus\n~p1orn:ss ~teps.
\<(dllt n1H -1uilh'h"•r,•Mi:111;;: Jump-~i•F~ hclom1g~
youi ta,,erf cl10 implcruenhtfon with "~Pf''! ;idvic.-o-. fIV~':. C\ltk' Lbr;;ry crfbr Vp!r.s, often wl'l comp ete·rnde ~a11·,ples, wl1ich-c;:;:r, tie usl'(] ::rn: afthe
boxor extended. [Xtenslble
IJ'_,'eb!nterfa•:E~:
Custoriize Web Interfaces bt1il: or ASP.NET. La>=-rlic'le SDK: lntegrnre La>e''kh=- \\/th thlrd-party s11ste_ms, ;;ucr. as W€boltes scr'pt> 3!10 Wi~d
Page 9 of 30
City of Irwindale - EDMS RFP
cps I
J;ltnplllOf-:;;>'!''''' ~olul,~-;;
Content Managen1ent Features (Continued)
.t~FTS!)!\;
CJ'FM<' ,..U!;IOill Iil.<~,.fiche 1rt~g"1t'cn5 l"lith r~CT.
\-
U.uic1:HC"Jrl', ~r:ril't ~dtor Cl"\'ate Cl/ u· i/B..NE I' ~r:rl[1b ~nct<1>c.lr.n thf.m h~ a r(ukkFIPlrJ~ l'U e"'ent, such a> Docur1~ntCreated. Doctn,ent Unidentili~
i111d Dcn:u-i;"nt Stored. Wh~r the> f'Vf'!11til'.
~;l;;t:e,
sr•'pt:; tied :o the event ;ire e>:tcute:i
Oocument Meuidata:
fldrl w.rr·:l,.finPri ,,ptarlat3 to :iocu11ent>, sucl a:s_tagoc. document n:!lationsh'p and custorniLed tic-Id end lmrtµlule i1lfonn;:itit)l1, Versions
iHld C1ec~-ln/Oul:
{eep track of cun~':l>tO /JQC'.lrTencs <1nd a\t:i collaboratio'l wlth ilU~U)n~lttl ver>101: 1;c;introl ,ir;d r.ho;~k· n/c 1erk-n111, Docume1t ve's:cns allow users ':O ;rc;dlf'[dOCUn'eras w1-le m<1l.1-rnlnlnB l 1e rl<'[llfrP.nt':; hl5lory, !11 ;:dd tion, wlwn ;i rl:i,-umr>nt\~ ,.f,FCkP.cl r:-Jt, usecr.1 can mal:r> c1~ng?.s to the dorum~rttw\~hout ·,vonylng ab::iut edit «l1"ilcts- and ·'.lth~r \!~!!-~can St !I vi'-'W r"Jd uni~ VC'!'\in11•, ·nfll'i11 dr.ctimPnt Auditing: Track ~han~es to all oystern eva1t.1wl;h a bui't-11 cud-ting sol11ti(m tor ~eclJnty and rnwµi!,:muc. c'e;,t{'MtlviP.W ff' port~"' t1lllf'S 0t c1art~ throug1 the P,11rlltTrnll Web l'.flpo:wr portal. or !l'rthe~ ::t-11>\omi1;i tli~rr1 v~int;
SP.r\•r.P<.
Document Imaging Featutes
,, l"
St:irnning:
Seal\ fron·, Wirn'.lo!f.
phrm?cam?.ra~ i~to ~aserf1~he, a~d
rtr-o.ghten \l/a';il!d or cur-;eo lniage5 to gC"nerate caall,
Universal Capt~r"'C'lfllllr? 111<'!g1 yuu l'1au d ~cai1riod 111 nrlurlinr, ba•:;.lnnr,P P1"ta1w:en1i'nl, OCR ar;d mEtaclatJ.
.:i1:w~.
Meib!le Capture: Use th~
~ll>Erf[ch~
(vfoo:il! anpto• lf'hor,eor ·r~rt io rei-nut"lv c~pltlfi'
clN1 u:i ·mag~s •.vitll
llonm·~1t,
w. f·P: H1!> rl!>vir"'
~uto-rat;caJy
Pho:oDocs te£hno:agy,
.i.uto11
!vla,1itewUNC addm%;1bl~ lll~.ilb
111''1!;0 ('1_1we
Conv!!rt 't11!Jo1tcd ''ll
fir·~
for lollg"tem M<:hlval purpasf!s.
S'mJJshotPrlnter:
Cor.vert and store i! !!ctronic cioclw1ents a> a'c1 v;;j i•rnt:-:i; Nati~e r~.fCpnvF.rsfon:
Autori~tiG1l!y
crioate fl] • 1wa;i:es fro'TI f':::f d01:utno.'lcs
Page 10 of 30
City of Irwindale - EDMS RFP
cps I """'""'
f.«n,~01~.,·01"'1;
Document l1naging Features (Continued)
St'i:k\' NntP.~: Nln <;€>.'lrch;,blf>_ notPt, whid\ aresectll7i:'.! a ;is pri\'Zll~-:v pn:itected anc ~l:ow yollto view sfr~td -iote hlstD'\I.
P.Nla:t1on: P.cd;id h1<1.?,<' '"'fl <>~<.n{IJtr'rl-t::-;..I tn-mm;>l?tr>ly wlthholrl wmithl<> h1formi'itlori, 01;iwine k•ols; Heh:iel1t 5t{1ketl>r"1llf,h, lmckd n-., tJ'.'Xt in110tiltinro;, <.h~p?.1 cindfrPf'h~n-d .Ta· (t;p tool£ fadli~ate collaboration.
ti
Attc1Ll1111l!r\t· c-eiltecom:.ou:id dnnm1~11t5. l1'/ Jtt,ir.h n;: fli('·-,
:n "1n.1r.f'r1 Onr_)lJl'Pnt<;
f'll" ~nnw;· Kn.1rl lnfo:irma\inn f1nni PIJf fo1rn~. 1·n F~flP.ditf' bnc,iqfl~.~p1·a,~P.s>fl~,, ~uomatlr.alty Ille Information o· ass·gn metadolil.
Forrns Pruc<.::;~hg ldt!!!li{y;inrJ "e'.Jill
Imm th:"l"l for ll'>? i1 ci1i:iln;1Mk;n ~nrl;-Nrfe•13L
o,)blxtr,1c-til;m: El.tr~n ::fat<11'y"r.,f!di11!;" ;ipurt•on u'.' dn '•'ldfiC, i c,1;.b"e
'.-.i wthPr ;if, ilr_p;i _, •Wlf~Pd nr rrilrdi-n;: tP~'t to
·pati:em;. flilt.1Villirfati,~n:
Ch,•d yonr d~t;1 with 1'P5U-iif" PxprPs.>i::ms, R<'t",f'V<' <;Up~'f>'l'iE'ntal met;:i::hra or perform validation f•on' E;'\lern;:il daca sou'ces.
[xtrad, Transform, load {Ln): E~tract co:uments anti 11etadata ~rom one system, t1anslate toe d;ita for the scilerra of another s11stem ;m:l lcatl th1: d(1cu1r~·1t> rfati!b_~Pci
Bates
nn
bu~ine.~<;
~rid
rulas (Laserfid1e Captu·e Enghe).
~h1ml:ierli1g:
Electronl::ally imprint document; wlt!i ;;eqventlcl alph
PDF-TIFF Conversion: A::rrnmate con~ersion of Pl:F tile~ lo TIFF irrrng!)S tor
Records Management Features
L,1,.crri:lic /l.vz,'1'('
Autofllrng:: 5•1>tM1 ,ca1
n:1r~
'"
l"\
date
F-m;iil: ti1~i '{il(t'.hl~" r- m.1i) mcflr
frooi· Outloo~.
Hi~r;;r,:;hkill fllP P;a;_<;;
Cl~,;~ify .:;n,;-:,tti•C ,·J11(W\'u'.''1t' .it :onJ:n,~ IT1 ',ro11r I.'>i!r.t1nt:
•,t,·1w.t1irP ,-v1d ar.Cf'~-~ tout;;;!
list~.
H.1tr.h ~Pt.rn-d Pc:ir?ssing: Ot~or·1z" n.:dnt.cJ rNcr,:L .:r1J pe1forn1 !'N(vds 1i\.:tl1J';:cm~rH ilrti:ni-.~ on all Of thf'm
ilt nm.P,,
1Jnl1~llI5:2 Vf'f~1nn ~ ~R1-!ifk,,1fori·
Cuwpl~
w th
DvO- 'C<:urih
'''clriagu,ll<:"t ~t,iml-Jr~k
Page 11 of30 City of Irwindale - EDMS RFP
cps I r.-..''"""
r.r-mfl!<"-"''r"'"'
Records M<:1nagement Features (Continued)
L:i,;f. J;C1;· i\\'Jnl~
Tr;ic~
['ecttonlc i!lld Non-E-2cl•oolc Re~or(ls:
%ppcn ·ecords 'flanage'Tientfor t!lt>nror-lt ~nd r\O'H~lettt.:1r1rc ·~corc[s, Llf::>:cyc e M2nagement: l'.Jefl~ecutoff
cdt. Search lo· records a1d perform r<"cords nlil
actlviti2s, ~gill Hold~:
Freeie records disoosit :in when legal holds ;nc>
pl~01ri.
E-nwil REpons: Co,nblne ·ew·ds 'f1ilrl3~ernenf reporthgwith i:unte1t, l:x;:itluo -ailtl u~er-5;Jl'l'.ific ;eu•t ·1 tr1t~~' l•l i.l'uh• n1.:ll to rC'n:irrl~ m,
l11port filer a1;: ~tst2m
can ~reate ;;irnmp-lern !lk :;iian :JV rsading a~~tred\11,_. tram E>:cel.
Administration and Conf1gurat1on Features
--_}>·-·
':'5'. ~~~;< :·
IJ'1;ittPEl
\<1flpnrt for llnatrr-rriPd ·n~t;il1~.
Fi!.'llibll' Ad11h'~t1dlut1: l't.!'!On:1 ~iiltl'rw;trnli~·o lil!.k>, ~ti:'fr.;:; tf:'{Jtini'; llSN ai:rnu't~~ ;inrl ~"'H'hg '·N.t,ril\', with th~ riP~ktop /l.dmhlstrat\011 Cn:1sole or frtln ~ny bmw:;r.r wlth th<> l&~erfi~he ?:"b Ad·rinlslralh:n Con-,vtc.
MMC Nhnni;" yq1_1rl i\S11rfidw r
;i
I m.er'lcfl
{MMC)
EventTradng:
Trollb1;osf'iootw\th £vent Tracing for 'i'ilnd~ws· ([T'N), scw'.lle~1ented hiHlTr IDgglng !Ind ~eal·_tl~e "conwle mode."
Page 12of 30
City of Irwindale - EDMS RFP
&.(
w1.1dmvs ::.•a,1tlug; Mo11ito1 hen th oft.1e ;ystern w!t1 a La5e-fh':he e"'NS andv,arnhg.~ repor:ing sy•mim integ·atBtl wltf'i the W'r.dnws Event Ing, vipwal:;1,,on thE" S~r;,e.r rnrtputer f"om an'flV1erE us·ng the '.'i'eb Adm,nlstratlon Console. Lice nu
M<1:1dg~1:
~/.~nage
lkE'1SE5 tor your lqsert·che sottwa"e.
fl.~tive
Allo~ate
k1emed products, te
lliwltoi·v .!>ynrhmnilJtio1;
Wlii tlw U.1;.er!ich.o f.\iol '''-'lb<' M_.1~agN,.wtnrn.lt r,1l!y F,r.11t or ckrl',' llr.r1r.~'. tn Wlnr!r.w'. uwf', h.1,r.rl nn thf!i" ~rm!):l tr.i;mbi>:r~hi~.
;t,r12bPortal:
Well-has'i!rl portal /or a11011ymous/publlc 1F se~url'! Rin:1.nl!11'itr>~
pN-flr0i"?ooor
~c,~ss.
laserfl;;he Aw;nte: portals With 10, 2:i or :iO!lce11sE5 -;wa!lab]e. laserficht
lir.Pn'iin~.
Arcblv'ng and E1~port: Store docu11erit> il1<1 ml!terlala on rnmovable media with anernbedderl o!le.wer.
Page 13 of 30
City of lrW-inda!e - EDMS RFP
Adm1n1strat1on and Conf1gurat1on Features {Continued)
Authenticat"on: Ac ti we 01~-ctory, LDAP, K'.!rt:lero;, SSL, l
tn~nl
51H'1~r2lJ08Rl
as:
Windov;; x~, \'Jlrdows Vi$t3, Window; 7,M,K\W!1~."-m1:;; Vply). Da.'Qb;,s"'~:
M5 5C.LSef'/er20GC, M5 S·:).LSe-·1er WOS, MS SQLServer2008, IY1> Sl\l )~'''''-'I" llffl.
Ur~( f!
Hlf.,
~lmd.--.
1- p,.
Tecl'r.ologies: ITTi'/WebDAV, .NIT. VlrtuahatiCJn:
'vMwarn larrast-m:nre, 'iM-ware 11Sph_e•e. VMv1are Wurbt·atl(l"l, l/t\.1.v:.ir" 5!11Wr. Moti\le
Acce~o:
5ecure,a,1vwl11~·e ~cce.1s Ace€~~
Web
th·ough t11e lfa u WL'l: bn.w-1>~r wftl' Web
Light.
Bm•NSer~:
lnter1t!t hpluri;r 6', Mu! 11~ t'i1dux z, ~a'.<:J· 4-, chrO•m·t<' uu,krlng:
So.wporl [o·
Activ;:ff>;;;,1~~
Fafovi,r.
Su;iµurt k>r Mu tiplc ~y~tc·r115/5(.'Pi•'r•.: D&elOPll'~c;tsy:.tern, ~e:.\ ~y:.teri1~, h1ir11:Je
sy~\em~,, li<1dupsy~tu11~,
nwltinl.-.
r.;or~r•~
lo- rRrnoti> offirn<; or !iP.Wr6> d;iti,
Sed on SOS:
Compl·ant 1•1ith Section 508 slandan:is~ pr::ll.•idiug fu· t:'q";il ~~r""' tu C"l"ctmuiL dnt.1"1 LD'.c·cfd•r' to p1·n~.f'W th ,ii
Llull C:::-rt"lfie
Cer(•f P.•;1 in tili; C:-~:J~rt'ment ot '.:~h~n!ie 5Cl5."2 \lt'l>!CtT•:! tlic~ [\"l Cl 1tcr'
>f·llHl~i-11
for p!('{"J mnk r.nrii<; managernent,_tl;e acr:eptcc
\hRS~
r;c•rtif.c·:I with t:v Vktorl,1n F!.--.r.tr.,n r Rr·:crdStrataR'; (VF~-~] r~1111ira111er.t.1, aworld.r,,cognlzed stan.darii fo~
rel"at:i~tin:I
f"''servh1t; t!l~drudc 1c·u>< ·~W'' Ion~ p!.'riciu> oftfn1e
D1g-ita Slgriat_urE
th~t
cv·nplies \'ilth F1SMA, CFR Part llFDA, FlP-'l, 'JERS ;rn:J Cl"nto1 E"Slgriature$ Act stand
Page 14 Of 30 City of !twin.dale- EDMS-RFP
al1the·1tk.a ly
As seen above, Laserflche meets ninety eight percent of the requirements. The few features L
1. Las_erfiche can store and open any type of image, but to view an image in the Document Viewer, it needs to be converted to TIFF Image pages when ft's imported, The foll owing types of image file formats can be Imported as Image pages: TIFF (Group Ill, Group IV, Uncompressed, and LZW), PCX {PC Paintbrush) 1 BMP (Windows bitmap; compressed and uncompressed) and JPEG
I] ALov~ti-·co:mPl~irlt- L~~~rf~h~ i-·ffi~ :'Edlt Vih~: ,'rash -Annii~tiaiis,' TJJrill '\Vindiill' He:lp
!"! '···· ,lii~l.'1; E'!J
.,, --
[v~r1lon~· r-Siy;~o~r~~ -
-
·---
T~mplate: Generel
"
I;!
DJcwnent
G
l.Qver'> l'.:11fllPl~i•it
I
T:i:~~
G
floetry c_~eg_i;r,·
w
G
Eul~· ~\:Idem
"
'
~ T~:..t
'
k
/\LOVER'S COMPLAINT _ FROM off a hill whose cori1;ave wr.·rntLl ' /\ plointfUI story from a sistering vale, MJ splrltB to attend this douqle voice u Ana down I lairl to ll•tthe sad -tunod t Ere long-espied a tickle mal.d full pal€
'
.· l ''"''"'"·'·'""'""''·''·'
T\:l<>rinrt nf r.<:inorc hro.,.L-ir'ln ririn:: ::o 1 .,..
-----------~'~l_~·~--~-~-=~-_1~1"---"_..,
Wol'd_u_?~~l_t_ory
---
__ )
However, Laserflche offers also. for PDF files an electronic Fiie Pane and it displays the electronic file portion of PDF electronic documents. It also allows you to zoom, pan1 print, save a copy of the file, or export the PDF, just as you would in Adobe Reader. 2.
Automatic deletion of docun1ents based on retention schedules. Laserfiche can however provide you with a list on a dally, weekly,_ monthly or yearly basis.
Page 15 of 30 City of Irwindale- EDMS RFP
f
fAOll.11N) Image: 256Il x3:
2.6
nx~cord
Access
For read and wrlte access, user will have the ability to access the Laserfiche database through the client, WebAcce:s;s or thin client-(anytime and anywhere}, via Mobile devices such as smart phones and tablets. For read only access1 user will be using Laserflche Publ!c Portal - see item 2.1. With L
• •
Casual se_archers: Deliver public documents more easily-with "search crawling/' which enables third-party search engines to locate documents External users: Provide simplified and customized searchin_g with Quick Searches that search text, entry names, fields or annotations Authorized users: Offer pass.word-protected login for users to access documents stored in Laserfiche
Users are greeted wfth a friendly wekome pt1ge ;;ind .in interface that offers search results similar to popular search engines. Relevant documents are easy to find with search terms displayed in lines of context in the search results. 1
Laserflche Weblink also hlghlights relevant keywords within e~ch document, m<:1king identifying lnformutlon wlthin documents effortless.
'""- '· J' ~
1,. ' ' ' ,.; ' ,._. ' '
i•!
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.
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Find folders
Page 16 of 30 City of Jrwindale--EDMS RFP
1.;•I •· .,,.,,._ l
.,,.,~_,
I'• ; > ';,
L
Welcome to the Laserfiche University Archive
Iii
Page 17 of30 City·of Irwindale - EDMS RFP
2.7 Estiruated Costs
1
Unit Price $1,500.00
Pricing $1,200.00
10
$600.00
$5,000.00
1
$15,000.00
$i2,750.00
Pr'ofe$_sional Services, Ind. Installation, D-esign? Set-Up
5
$1,200.00
$5,000.00
SIRE Migration
1
$10,000.00
$8,000,00
Archive Center Migration
1
$4,000.00
$4,000.00
LaserfichE! Baste Support 1st Year
1
$4,500.00
$4,500.00
l
$4,500.00
Free
Qty
Descrir>tion Software: Laserfiche Avante SQL Express, Incl. Workflow"' Lasertiche Named
users, Incl. Scanning, !mport1 OCR, WebAccess,
Mobile, Em-ail and Snapshot Laserflche Starter Public Portal includes Laserfiche WebUnk and 10
Weblink·only retrieval connections"'"'
5 ;
Ontlonal VIP su.-.nort'1 Year
N/A
Sales tax
* Laserflche Avante SQL Server costs: $5 1000,00 and Basic Support: $1,000.00 "'*Please note that laSerfiche has additfonal versions of the Laserflche Public Portal:
•
•
Web Distribution Portal includes Laserfiche Weblink and 5 WebLink-only retriev
?.B S11pport Levr:ls Support services will be provided directly by CPS. Customer has access to a toll-free telephone number (366-661-2425}when calling our supp_ort team, For non-emergency support ccills 1 customer has the option to reach ou.t to us via email (support;@r.ps247 .com) or via our website (http://www.cps247.com/Support/SubmitTiCket.aspx) where support tickets can be submitted. Dur support team is-E1sslsting di en ts from Monday to Friday during normal business hours.from 8:00AM to 5:00PM PST. Ninety flve-{95)" percent of the support calls are taken by our team as the customer calls come in and the same ratio is valld for resolving or troubles hooting an issue during that same call. "Call back" are usually-done within the sa;me hour a call was registered wfth us,
Poge 1$ of 30 City of Irwindale- EDMS RFP
Since CPS does business with East Coast customers, our support team !s always on alert and therefore can easily provide support to the City of lrwindale at 7:00AM. CPS is using an internal logging and tracking system that enables you to create-a history of support events and therefore each support soiution wUl be uniquely identified by a cas_e number.
CPS w111 constantly share with the City of Irwindale and 1nform its main Laserflche administrators <:1bout any software or service change. CPS offers a basic support which is the Laserflche Software Assurance Plan <'.Ind <:1n enhanced servfce which is the Complete Paperless- Solutions VIP support. Customer has the choice every year to switch from LSAP to VIP or vice-vers<:1.
The proposed solution includes the Laserfiche Software Assurance Plan (LSAP) for one year with options for annual renew<.il, Customers with current LSAP are provided technical support and-software upgrades. Technical support (under the LSAP agreement) Includes unlimited email, telephone,and remote access to address problems relat-edto system configuration or performance. While guaranteed response times are qlct<:1ted by the terms of the support agreement, most suppo_rt calls are taken live and resolved within a single call and CPS will agree under the LSAP agreement to return calls within two (2) hours. Bnsic LSAP sU-pport is usually next business day guaranteed response time. All support calls are logged in a case management system and assigned priority and severity levels that determtne how quickly they will be escalated {if necessary) to the development team and what lengths are necessary to address them such as provldlng hotflxes, or point releases- of the software. All customers with current LSAP are granted access to the Laserfiche Support Site where an-abundance of know!edgebase do.cuments~can be used to support your internal IT team and Laserfiche users.
To create the least amount of burden on the IT staff, and to optimize the benefits of your Laserfiche software we recommend our Diamond support package. Comp!ete Paperless Solutions Support Group is available Monday through Friday from 7 A.M. to 6 P.M. Pacific Standard Time. Our V!P program offers unlimited on-site support, a dedicated-Soiutions Engineer, and remote access support among other services. In addition to the basic LSAP support, VIP ir'ldudes the foUowings: •
Dedicated Support Engineer .o A CPS Engineer will serve as your primary contact for Laserfiche support through a direct telephone line.
•
Next~oay OnRSite
Support
Page19 of 30
City of Irwindale - EDMS RFP
o
The On-Site Support hours can be used for upgrade installation1 problem solving, and consulting.
Training o
Unllmlted trnlnlng during the course of the year.
•
Remote Access Support o Your dedicated Support Engineer can dl'al into ytiur Laserfiche server or PC remotely to start the troubleshooting process ln advance of any on-site work needed. Preventative Maintenance Guaranteed o Twice-yearly visits will optimize system functloris. As part of these "checkups", the support team can install new releases and ne;-w equipment; provide training on new features 1 fix operator errors and make recommend<:itions on system u_pgrades,
•
Discounted Services o Receive discounts on professional services such as integration with existing workflow management consulting, and custom application development.
•
systems,
Discounted Baclc-file Conversion o Receive· discounts ori back-file conversion from microfiche, microfilm, and paper documents ranging In size from business cards to E-size drawings through our affiliated
•
scanning service bureau. Free Enrollment c Up to three {3) attendees to the Annual Laserfiche User Conference
•
Travel Cost o
No travel cost under VIP-support
By being up to date with your LSAP, the City is guaranteed to receive any minor or major upgrades. However, the LSAP does not cover the on-site upgrade or CPS doing the upgrade at the customer's prE!mises, The enhanced support packaged - VIP Support- will provide you unlimited on-site support therefore guorante·elng the City of Irwindale minor and major upgrades and unlimited training at no additional cost during a whale year.
Laserfiche
LSAP B-aslc support is-20% of all of the Lase'rfiche licenses.
CPS VIP Support Is usuaflythe same amount as
l_SAP Basic Support.
F'or preferred features, please refer to items 2.4 and 2.5, AH of the optional fe<:itures are Olvuflable in Laserfiche.
Page 20 ·of 30 City of Irwindale- EDMS RFP
and
Please below outlined tasks and time we will require to complete the project.
Staff Required X- Required 0- Optional
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1.0 1.1 1.2 2.0 2.1 2.2 '2,3
3.0
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-
~:~_e_r:fiche ~v~r:aJ:e Server ·--~
x
x
"
0
x
"
Dat'3base Luscrfiche Workflow Designer
L;:iserfiche WebAcccss laserfiche-Pub!Jc Portal and Design
x
x
Administrator
x
x
x
x
x
0
4
x
3
x
2
Secl1ri Indexing Volume Mnnngement
2.1
2
LaserfichP. \iVorkflow Server
13 1.4
x
Datab
1.2
2.0
x
Laserfiche Av-ante Server Software
Backups End Users
x
Scannlng/lnt;:ilm
Page 21of3Q City of Irwindale - EDMS RFP
cps I ""~"""""' Sduroo;
--~-,Ll_ ---t---+--J
_22__ ___ ,_ry~~\g;a~i-~~ a~r!_SP.i!_f_c!:1l!1_~: 2.3
3.0
Exports and User Ootions
0
Workflow
3,1
Confieuratlon and Overview
:l.2
Designer and Rules
3,3
Warkflow creation
x
Io
x
2
I
The City of Irwindale could be in production with Laserfiche within one week period, which would mean that CPS Would be during on premises for ohe week. Howev·er, the.completion of the migration and
especially the one for SIRE may take up to 3-4 weeks.
laserfiche stores your content on a nel:IN"ork drive and metadata are located on the SQL database, Scanned images are stored as multi-Tiff pages and therefore already-compressed. As an example, a single scanned letter in blcick and white
as PDFs,_users now have a new option for PDF compression. You coin choose to optimize compresslon for text on color images. This Is most useful for images that are in fuU-co!or 1 but that mostly consist of text. To install Laserfiche you will need about 1GB of space on your server.
2.12 Saas (Jplion YesJ CPS is a certified reseller for the Saas or Cloud mode! of Laserfiche. Laserfiche Cloud is an online document management system, allowing you to upload, view, -and work with
your content using a streamlihed web interface. With Laserfiche Cloud, you can access your content wherever you go, whether from a computer or on il mobile device. Laserflche Cloud t:1lso provides you wlth tools to ensure that·your data is-secure. Please note that Laserfiche Cloud is-literally Laserfkhe WebAccess or the· thin client for full users that the City of Irwindale would also receive when purc;hasing Laserfiche Avante (see interface below). The Cloud service is currently only named user based therefore for public <:iccess the City of Irwindale may require to "lea~"
more lice as.es.
The solution resides on Amazon Web Services. Since Laserfiche Cl-oud has been launch directly by Laserfiche in January of 2016 and offered to its resellers such as CPS, It Is believed that currently there might be <:i_bout a fifty customers using ttie Laserfiche Cloud services. Page 22 of 30
City of Irwindale - EDMS R"FP
" r_, > LI
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ADA does not apply to software. Section 5Q_?. is the corresponding standard for software. More recently,
Web Content Accessibility Guidelines {WCAGl Is being used for establishing accessibility standards for web applications. Laserftche-applitations are Section 508 compliant for the most part. Laserflche 10 is
expanding our compliance of web applications to conform with WCAG 2.0 AA. Section 508 of the Rehabilitation Ac.t opens up ne1;v opportunities In Information technology fat people with disabl!ltles. With Laserfiche dlgital document management, you digitize your paper files, eliminate file cabinets and encourage staff partidpation-rrieeting the essential accessibility requirements outlined in
Section 508,
With laserfiche Public Portal, you offer a-Section 508*-c.ompliQl'lt public web portal that provides instant, read-only access to public documents from -a wide variety of web browsers and mobile rlevices.
The last major public release was from Laserflche version 9.2.1 to Laserfiche 10 on the 151 h Fe_bru<1ry 2016. The last minor rele~se was from Laserfiche 10.1 to Laserfiche 10,2 on Ja_n-uary 24t11, 2017.
Page 23 of 30 City of Irwindale -EDMS RFP
Please.see beli:iw the product roadmap for 2016. Laserfiche has no release information for 2017 and 2018. Projected Release Dates for Upcoming Laserfiche Products* Release Date
Product Laserfiche Forms 10.2.1 Directory Server 10,2
Q2 2017
Laserfiche Process Automation
Suite
Laserfiche 10.3
Q4 2017
* Please note that these release dat-es are only estimates and are not guarantees that the listed product wm be released at the given date. Projected Product Configuration** Dtrectory_Server 10.2 - Directory Server 10.2 is-a major release that will c:illow the Directory Server license management service and the single sign-on authentication service to reside on separate serv~rs1 gr-ant users the ability to authenticate using Active Directory Federation Services (AD FS), autom;:itically lock a~counts after successive failed signin attempts, and more. L.aserfiche Process Automation Suite - The Laserfiche Process Automation Suite is- n brnnd new unified pl;:itform for managlng all your process automation needs in Laserfich_e. The first phase of deployment introduces select workflow functionality to LaserfiChe Cloud. Build workflow definitions. in a·new streamlined web workflow deS:i_gner. Create triggers to invoke workflows in the new process automation management site, Laserfiche Forms 10.Z.l Laserfiche Forms 10.2.1 will i:tdd payment.gateway support to user t:Jsks. Forms 10.Z.l will be ava_llable in two package options: Forms Essentials and Forms Professional. Forms Essentials will be induded at no additional cost for Laserfiche Rio and Laserfiche Avante customers who upgrade to 10.2.1. Forms Professional will be k
available as an add~on. Forms Professional includes additional metrics and advanced functionality. Laserfiche 10.3 -The Laserfiche 10.3 web client will fe
which components of each file type to export as well as add a metadata report in a eXported zip file), the ability to save report configuratioris, the option in the annotation~ p~:me to update multiple annotations at once1 and more. "'"' Please note that these descriptions are not guarantees that the product released will actually meet the description-given here. Page-24of30 City of Irwindale - EDMS RFP
Laserfiche Server and Full-Text Indexing-and Search Engine Recommended Speclfic:atlons
This section describes the recommended specifications for the Laserfiche Server. We recommend installing the Laserfiche Server ilnd the database engine on separ
Note: Your Laserflche Server must be licensed to support the database engine you will be using.
Recommended specifications: •
CPU: Intel Core 2 Duo or Athlon -Phenom or more recent dual-core proces$or (at least 1.8 GHz)i a 64-bit CP is required and the operating system must be an x64 version o
If the Laserfiche Server ilnd L<:iserflche Full-Text Indexing and Se.Jrch Service will be installed on the same computer_,
•
a-quad ccire CPU is recommended
Memory: 2~8 GB RAM
o
If the Lase.-fiche Server and Laserfiche Full-Text Indexing at)d Search Service and Workflow
w!ll be Installed on the same computer, 12 GB of RAM Is recommended Operating system; Windows Server 2008 or later Database engine: Microsoft SQL Server 2005 {Service Pack 4), Microsoft SQL Server 2008 (Service Pack 1), Microsoft SQL Server 2008 R2, Microsoft SQL server 2012, Microsoft SQL Server 2014,
Oracle l1g (11.1.0.6+), Oracle 12c Note; For Microsoft SQL Server requirem!'!nts,.see Microsoft's SQL Server home page
{!1 ttp ://ww w .m icroso ft.com I sql). •
Web Server; llS 1 or higher Browser (Laserflche Audit Trait Web Reportlng) and WebAccess: Internet Explorer 7 or later, Microsoft Edge, Firefox,_ Chrome or Suf<:Jrl.
Laserfiche Workf[ow
Rl"!quirE!ments for the Workflow Designer (Required on the server initially) •
CPU 2.4GHz, 1GB RAM or higher,
Requirements for the Workflow Server and Subscriber
Page 25 of 30 City of Irwindale - EDMS RFP
•
2 Core CPU (based on need), 4GB RAM or higher.
Laserfiche Weblink {Public Portal) •
• •
CPU: 2.8 GHz or
fa!>ter processor Memory: 2 GB RAM Server operating system: Windows Server 2008 x64, Windows Server 2012. x64, Windows server 2012 R2x64
Laserfiche Client Recommended Specificatioos
This section lists the recommended specifications for the computer on which Laserffche Client will be installed. Recommended Specifications for the laserfiche Administratiqn Console are the same as for the Client. Recommended spec:ificatlons: •
CPU: lntei Pentium 4, Opteron, or Athlon 64, or more recent processor (at least 2.4 GHz) Memory: 256 MB RAM
or more
•
Operating system: Mi.crosoft Windows Vista; Microsoft Windows 7, Microsoft Windows $ 1 or Microsoft W[ndows 8.1_, Microsoft Windows 10
•
Web browser: Internet Explorer 6.0 or later
Recommended specifications for performing OCR: CPU: Intel Core 2 Duo •
or Athlon Phenom or more recent dual-core processor (at !east 2.-8 GHz)
Memory: Z GB RAM or mor·e
Note: Hardware requirem_ents may fluctuate based on the number of users.logged in to the server. If you expect to have m
encourage you to configure
it with a faster CPU and/or add more RAM. Note: Serving high-resolution images can require large amounts of system resources. If your repository contains high-resolution. images, make sure that the total paging file size on the Web Access server is at least tWii:e the ;:imount of physical memory (RAM).
Page 26 of 30 City of Irwindale - EDMS RFP
(
-
On average, the cost to scan .a large format sheet (36"}(24") is $0.84 at 300dpi. Data entry Is a m!nimum $0.15.
3. Third Party Products CPS will.not use any third-party product or work with any third-party vendor. All of the products proposed
to the City of Irwindale are Laserfiche solutions. CPS will provide
a-turn~key
solution to the City_of
Irwindale, including software, professional services for imp!ernentation, migration, training and support
services.
Page 27 of 30
City of lnNindale- EDMS RFP
4. Client References Reference No. 1 -----........ City o_f Westminster
Customer Name Contact Individual
____
-----
Naomi Zajon [email protected]
Email Address Teleahone & Fax number
714~548-3653
8200 Westminster Blvd.
Street.Address Citv State Zin Code
!Westminster, CA-92683 ~he City moved Laserflche Support to CP5 In 2010 (CPS did notsell
Laserfiche to the City). Police Department-was using Liberty (10 full & 25 read only). Moved City·from Laserflche United to Rio in
2013 and converted Police Department from Liberty to Laserfic:he
Description of services
provided 1ncludlng contract amount, when provided aild project outcome
(63 Rio users and Public Portal for the City). Contract was 831 000), Integration made with GIS ESRl, Agenda manager from ~IRE
and Finance for their remittance check processing. City has he CPS VIP Support plan. Many Laserfiche worl
developed. ·-
-------------
-
--
-
Reference No. 2 ---
1'""-
---·hi ... _
.~
.'
....
-" ........ 1
:I A-l...l---·
TPl ...... t... .............
R, c ......
C:~ .. 06+. A ..J..J~
ri...
c-.. ~ ...... 7:- r-.J-
Description of services
provided iric!uding contract amount, when provided and project outcome
-------
- - --
tl
310-524-2375
350 Main Street El Segundo, CA 90245 Converted customer from SIRE in 2012. Both City and PD are using Laserflche Avante, Using Workflow, WebAcces.sJ Web Distribution, Quick Fields, Zone-OCR and Quick Fields A-gent. Original contract was $551000.00
Page-28 of-30
City of lrwindale--EDMS RFP
- -- -
City of El Segundo
Reference No. 3 Customer Name Contact Individual
Email Address Teleohone & Fax number
Street Address Citv State. Zia Code
City of San Bernardino
Patrick Sanchez: e_9tric!s.'-~.m:[email protected]
909-384-5597 397 Chandler Place sa·n Bernardlno1 CA 92408
Initial purchase of Laserfiche United from CPS in 2006 1 contract tw
bptiPool, at that time, to Laserfiche. ln 2010 CP~ converted their Records Mana_geme_nt Sy5tem to Laserfiche RME. Jn 2014 moved
Description of services provided including contract
rom Laserflche United to RIO 100 full named users ($45JOOO).
Many internat workflows cre~ted.
amount, when provided and project outcome
-
5. Non-Discrimination Statement Complete Paperless Solutions does not and shall not dlscrimih~te on the basis of raceJ color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or m!Htary status, in any of its activities-or operations. These activities lndude, but are not limited to, hiring and firing of staff, selection ofvollinteers and vendors, and provision of services, We are committed to p_roviding an inclusive and welcoming environment for
Page29 of 30
chy of Irwindale - EDMS RF-P
6. Disclosure of Financial Interests ( To Whom
it may cqncern;
Complete Paperless Solutions shall be bound by the requirements of the FPPC (Fair Political Practice Com_mission): and state law with regard to disclosure of financial interests and prohibited confllcts of
interest. Complete Paperless Solutions does not have a potential conflict of inte_rest, and does not need to file a
Statement of Economic Interest Form 700. If Complete Paperless .Solutlons is required to file a Statement of Economic Interest, a Form 700 shall be provided. I certify undi:;ir PENALTY OF PERJURY under the.laws of the State of California thatthe foregoing paragraph is true
Name: Claude Schott
Page 30 of 30 Cit'{ of Irwindale - EDMS RFP
EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate)
EXHIBIT "C" SCHEDULE OF COMPENSATION I.
Consultant shall perform the following tasks at the following rates: SEE ATTACHED QUOTE DATED JUNE16,2017
II.
A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III.
Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV.
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 personnel describing 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.
V.
The total compensation for the Services shall not exceed $28,680.00 as provided in Section 2.1 of this Agreement.
VI.
The Consultant's billing rates for all personnel are attached as Exhibit C-1.
cps I
Complete Paperless Solutions
complete Paperless Solutions 4025 E. La Palma Ave. Ste. 204 Anaheim, CA 92807 (866)661-2425 [email protected]
QUOTE ADDRESS Laura Nieto City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706
SHIP TO City of Irwindale 5050 N. Irwindale Avenue hwindale, CA 91706
RATE
AMOUNT
5,000.00
5,000.00
500.00
5,000.00
MPD Web Distribution Portal, includes Laserfiche Weblink and 5 Weblink-only retrieval connections. 11 is restricted to one security profile, meaning all users will log in with the same anonymous access.
7,995.00
7,995.00
MCA01 Laserfiche Import Agent
1,495.00
1,495.00
1,000.00
5,000.00
1,000.00
1,000.00
120.00
1,200.00
1,600.00
1,600.00
390.00
390.00
0.00
0.00
DATE
DESCRIPTION
06116/2017
MSE30 Lasertiche Avante Server for MS SQL with Work.flow
06/1612017
MNF16 Laserfiche Named Full User with Web Access, Moblle, eForms Essentials, Snapshot and Email
0611612017
06/1612017 06/1612017
QUOTE# 1816 DATE 06/1612017
Laura Nieto
Professional Services
QTY
10
5
CPS Professional Services - Laserfiche -Project Mgmt -Installation
-Design -Training
06/16/2017
MSE3QB Laserfiche Basic LSAP Avante Server MS SOL
0611612017
MNF16B Laserfiche LSAP Full Name User
0611612017
MPDB Laserfiche Basic Web Distr.Portal LSAP
06/1612017
MCA01B LF Import Agent LSAP
06/1612017
On-Stte Support CPS VIP On-Site Support - 1st year free
10
Tai-: ID: 27-0926551 I Please Make Checks Payable to: Comp!eta Paperless Solutions
TOTAL
Accepted By
Accepted Date
Tax JD: 27-0926551 I Please Make Checks Payable to: Comple!e Paperless Solutions
$28,680.00
EXHIBIT "D" SCHEDULE OF PERFORMANCE I.
Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney's office.
II.
Consultant shall deliver the following tangible work products to the City by the following dates. SEE ATTACHED
III.
The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Please below outlined tasks and time we will require to complete the project.
Staff Required X- Required
o
"
'"
~Optional
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2 2
1.1
Laserfiche Avante Server Software
1.2
Dutabasc and
2.0
Laserfiche Workflow
2.1
\_2.2 2.~
3.0
1.0 1.1
Vo!umc-~Dut
x
*
0
x
*4
x
3
x
2
Database L
Laser-fiche WebAtcess Lasert1c:he Public Portal and Design
x
x
x
Adminlstrator
x
x
x
x
0
Securl lndexi·ng
1.3
Volume Management
1.4
Backup~
2.0
x
Lflserfiche Workflow Server
1.2
2.1
-------- ----
x
End Users
x
Scanning Intake
Page 21of30 dty of Irwindale- EDMS RFP
cps I ""'""''"' Sdu100>
I
2.2 2.3
Exports and User Options
3.0
Workflow
3.1
3.3
x
i
0
x
Configuration and Overview
3.2-
j
0
.
-~
Deslgnsr and Rules
:
W(ld<;_f~i~ cre~Ho_n
The City of Irwindale could be Jn production with Laserfiche within one week period, which would mean that CPS would be during on premises for one week, However, the compl_etion of the mlgr{ltlon and especially the one for SIRE may take up to 3-4 weeks.
2
~City Council DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
Cityef
IRWINDALE
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Notice of Intent to Withdrawal from Joint Powers Agreement of California Joint Powers Insurance Authority
City Manager's Recommendation:
Ratify Notice of Intent to Withdrawal ("Notice") from Joint Powers Agreement ("Agreement") of California Joint Powers Insurance Authority ("CJPIA") Background and Analysis:
CJPIA has been providing insurance coverage and risk management solutions for the City since 1977. At this time, staff wishes to explore alternative insurance coverage options with competing joint power insurance authorities, which might provide more compelling/ advantageous combination of economic and pricing factors, customer service, and policy-making flexibility. In accordance with article 24(c) of the Agreement, CJPIA requires a twelve (12) month notice to withdraw from the protection programs in which the City participates. On June 28, 2017, City Council provided direction to the City Manager to submit a notice of intent to withdraw. CJPIA was provided with the attached Notice on June 29, 2017. Sending notice of our intent to withdraw effective July 1, 2018, provides staff sufficient time to analyze options and continue with CJPIA if no better option is found. CJPIA will honor and accept the City's right to rescind the Notice, provided the rescission is delivered to CJPIA before April 2018. In the coming months, staff will analyze other joint power insurance authorities, specifically their governance model, policies, rate structure, membership, and premium history and will bring forward a recommendation to City Council. Fiscal Impact:
None.
Review:
'(;!:: (Initial of CFO)
1
Fiscal Impact:
c
Legal Impact:
CtJ-~1 of Legal Counsel)
Prepared By/Contact:
Mary Hull, Human Resources/Risk Manager
Phone:
(626) 430-2204
Attachment(s): Notice of Intent to California Joint Powers Insurance Authority
m Joint Powers Agreement of
June 29, 2017 Jonathan Shull Chief Executive Officer California Joint Powers Insurance Authority 8081 Moody Street, La Palma, CA 90623 Re:
Notice of Intent to Withdrawal of City of Irwindale from Joint Powers Agreement of California Joint Powers Insurance Authority
Dear Mr. Shull, Per direction from the City Council of the City oflrwindale ("Irwindale"), this letter serves to notify the California Joint Powers Insurance Authority ("CJPIA") of lrwindale's intent to withdraw from the Joint Powers Agreement ("Agreement") and the joint protection programs in which Irwindale participates in accordance with Article 24(c) of the Agreement Specifically, this notice of withdrawal applies to Irwindale"s Liability Coverage, Workers' Compensation, Crime Insurance, Pollution Liability and Employer's Liability Coverage with CJPIA. This notice is provided to allow Irwindale to evaluate other insurance pools in the coming months. This notice is Irwindale' s twelve (12) month notice provided before the end of the current protection period, July I, 2016 - July 1, 2017, and is intended to take effect on July 1, 2018. This also confirms that Irwindale reserves the right to rescind this notice. Per the telephone conversation between Irwindale City Attorney Fred Galante and Nonnan Letinarm, Assistant Executive Officer of CJPIA, we understand CJPIA will honor and accept Irwindale 's right to rescind this notice to withdraw; provided the rescission is delivered to CJPIA before April 2018. We truly appreciate this offer to allow Irwindale the time to assess other insurance providers and the opportunity to rescind this notice. Irwindale appreciates all the years of service CJPIA has provided. This action is to allow Irwindale to evaluate the options for pooled insurance and is not intended to be a negative reflection on the long histmy Irwindale has had with CJPIA. We hope to contact you in the coming months to let you know where Irwindale is in the process of evaluating other providers. In the meantime, please do not hesitate to contact me or our City Attorney, Mr. Galante at (949)223-1170, if you have any questions or wish to discuss further.
cc:
Fred Galante, City Attorney Norman Lefmann, CJPIA Assistant Executive Officer
01005.0001/388667.1
5050 NORTH IRWINDALE AVE .. IRWINDALE. CA 91706
PHONE: (626) 430·2200 FACSIMILE: (626) 962·4209
GJ City Council D Successor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
COUNCIL AGENDA ITEM _::....Ie____ CitJto/'
IRWINDALE
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Award of Contract to provide professional design services for Azusa Canyon Road Corridor Traffic Signal Timing Modifications and Arrow Highway Restriping from Fourth Street to Maine Avenue
City Manager's Recommendation:
That the City Council authorize the City Manager to enter into an agreement with Transportation & Energy Solutions, Inc. in the amount of $22,393 for professional design services for the preparation of the Plans, Specifications and Estimate (PS&E) for Azusa Canyon Road Corridor Traffic Signal Timing Modifications and Arrow Highway Restriping from Fourth Street to Maine Avenue. Background and Analysis:
As a part of the Olive Pit Mining and Reclamation Project, traffic signal and striping improvements are required to be implemented along Azusa Canyon Road. The design services for PS&E for the Azusa Canyon Road Corridor Traffic Signal Timing Modifications and Arrow Highway Restriping from Fourth Street to Maine Avenue is identified as follows: •
Collect field data and prepare new traffic signal timing sheets for the following three intersections: (1) Azusa Canyon Road/Arrow Highway, (2) Azusa Canyon Road/Olive Street, and (3) Azusa Canyon Road/Cypress Street.
•
Prepare signing and striping plans for Arrow Highway for the installation of: (1) a third eastbound lane on Arrow Highway from Maine Avenue to Azusa Canyon Road, and (2) a third westbound lane on Arrow Highway from Fourth Street to Maine Avenue.
On April 12, 2017, staff issued Requests for Proposals (RFP) for professional design services for the preparation of the PS&E for this project. Staff received proposals from three traffic engineering firms on April 27, 2017 with the following results:
Page 1
PROPOSALS FOR DESIGN SERVICES FOR TRAFFIC SIGNAL TIMING MODIFICATION AND RESTRIPING PROJECT CONSULTANT
RANKING
FEE PROPOSAL
Transportation & Energy Solutions, Inc.
1
$ 22,393.00
$105.00 - $135.00
lteris, Inc.
2
$ 30,550.00
$110.00 - $290.00
3
$ 18,964.00
$90.00 - $178.00
KOA Corp,
..
.
HOURLY RATE
Staff evaluated each proposal received and ranked them based on technical competency, project approach, experience, availability, schedule, history, and general quality of the proposal. Although KOA Corp. submitted the lowest proposal, Transportation & Energy Solutions was determined to be the most qualified firm for the project and staff recommends awarding the contract for design services to them. It is expected that the PS&E will be completed within two months from the execution of the agreement. Upon completion of the PS&E, the bid package will be brought to City Couneil for approval and authorization to advertise for construction bids. The attached contract agreement has been reviewed and approved to form by the City Attorney's office. Fiscal Impact:
Funding for this project was included in the GIP Budget under Special Mining for FY 2016/17 and carried forward to FY2017/18. Review:
Fiscal Impact:
~Initial of CFO)
Legal Impact:
&ft
(Initial of Legal Counsel)
Prepared By: Reviewed By/Contact:
Daniel Co, Assistant Engineer William Tam, Development Services Director/City Engineer
Phone:
(626) 430-2212
Attachment(s): Services
Page2
Contract Agreement for Professional Traffic Engineering Design
CITY OF IRWINDALE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF TRAFFIC SIGNAL TIMING MODIFICATIONS FOR (1) AZUSA CANYON ROAD AND ARROW HIGHWAY, (2) AZUSA CANYON ROAD AND OLIVE STREET, (3) AZUSA CANYON ROAD AND CYPRESS STREET, AND PREPARATION OF SIGNING AND STRIPING PLANS FOR ARROW HIGHWAY, FROM FOURTH STREET TO MAINE AVENUE IN THE CITY OF IRWINDALE
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 12th day of July, 2017, by and between the CITY OF IRWINDALE a California municipal corporation, herein ("City") and TRANSPORATION & ENERGY SOLUTIONS, 5475 Brentwood Place, Yorba Linda, CA 92887, (herein "Consultant"). NOW, THEREFORE, the parties hereto agree as follows: 1.
SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that all work and services set professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provide in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 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 the Agreement. 1.4 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, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more
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costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
2.
COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty-two thousand three hundred ninety-three and 00/100 Dollars ($22,393.00), including all reimbursable expenses ("Contract Sum"). 2.2 Method of Payment. Provided that Consultant is not in default under the terms of this Agreement, Consultant shall submit to the City a detailed invoice, in the form approved by City's Finance Director, describing the tasks performed and amount charged for each such task. Consultant shall be paid monthly for costs incurred in accordance with invoices submitted to the City, as further set forth at Exhibit "B".
3.
COORDINATION OF WORK
3.1 Representative of Consultant. Nathaniel S. Behura, M.S., MBA is hereby designated as being the president and representative of Consultant authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3 .2 Contract Officer. The Development Services Director/City Engineer of the City is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The Development Services Director/City Engineer shall have the right to designate another Contract Officer by providing written notice to Consultant. Prohibition Against Subcontracting or Assignment. Consultant shall not 3.3 contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent Consultant consistent with that role. Consultant shall not at any time or in any manner represent that it or nay of its agent or employees are agents or employees of City.
4.
INSURANCE
4.1 Required Insurance Policies. Without limiting Consultant's indemnification of the City and prior to commencement of work, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City,
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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. b. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant will have to complete and submit a declaration of sole proprietor form to the City in lieu of proof of Workers' Compensation as it is not required for sole proprietors. c. Professional Liability (errors and 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 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. Automotive Insurance. Consultant shall maintain automobile insurance at lease 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 Work 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. 4.2 Insurance Deductibles and Self-insured Retentions. Any deductibles or self-insured retention's must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects 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. Other Insurance Provisions. For any claims related to this project, the 4.3 Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess to the Consultant's insurance and shall not contribute with it. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
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a. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connections with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code 1i 27882(b ). General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy. b. 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. c. Each insurance policy required by this clause shall be endorsed to state that the City shall receive not less than thirty (30) days' prior written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nomenewal of any policies of insurance required hereunder. d. Requirements of specific coverage features or limits contained in this Agreement 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. e. 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. f. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officials, 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 the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. g. Additionally Insured. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents shall be additional insured under such policies. The provision shall also apply to any excess liability policies.
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h. City's Rights of Enforcement of Contract Provisions. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. i. City's Right to Revise Requirements. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such changes results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's Compensation. 4.4 Insurance Rating. All insurances polices shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance in the State of California, with an assigned policyholder's Rate 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 Agency's Risk Manager. 4.5 Original Certificates and Amendatory Endorsements. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by the City. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 4.6 Subconsultants Insurance Coverage. Consultant shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subconsultants shall be subject to all of the requirements stated herein. 4.7 Additional Insurance. Consultant shall obtain any additional kinds and amounts of insurance which, in its own judgment, may be necessary for the proper protection of any of its officers', employees', or authorized subcontractors' own actions during the performance of this Agreement.
5.
INDEMNIFICATION AND HOLD HARMLESS
5 .1 Indemnification and Hold Harmless. Consultant shall indemnify, protect, defend and hold free and harmless the City, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless City, its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, and all other claims resulting from or arising out of the acts,
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errors or om1ss10ns of Consultant, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its 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 to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants/contractors (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement.
6.
TERM
6.1 Term. Unless earlier terminated in accordance with Section 6.2 below, this Agreement shall continue in full force and effect until the maximum contract amount is expended, but not to exceed January 11, 2018. 6.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Consultant shall immediately cease all work or services hereunder except as may be specifically approved by the City, Consultant shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Consultant and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 7.
MISCELLANEOUS
7.1 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, marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color creed, religion, sex, marital status, national origin, or ancestry. 7.2 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. 7.3 Conflict of Interest. 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 effects his financial interest or the financial interest of any corporation, partnership or association in which 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.
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7.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other 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, CITY OF IRWINDALE, 5050 N. Irwindale Avenue, Irwindale, California 91706, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. 7.5 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. 7.6 Integration; Amendment. It is understood that there are 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7.7 Severability. In the event that part of 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 portions 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. 7.8 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 7.9 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 7.10 Comorate 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.
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i!
I.
I. ~
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY: CITY OF IRWINDALE a municipal corporation
John Davidson, City Manager ATTEST:
Laura M. Nieto, CMC, Chief Deputy City Clerk
APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney
CONSULTANT: Transportation & Energy Solutions, Inc.
5475 Brentwood Place Yorba Linda CA 92887 By: _ _ _ _ _ _ _ _ _ _ _ _ __ Name: Nathaniel S. Behura, M.S., MBA Title: President
By: _ _ _ _ _ _ _ _ _ _ _ _ __ Name: Title:
[END OF SIGNATURES]
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EXHIBIT "A" SCOPE OF SERVICES i
The specific tasks to be performed and completed by Consultant in performing the professional traffic design services are as provided below in this Exhibit "A". Consultant shall complete all services under this Agreement within the Term, as described in Section 6.1. Collect field data and traffic counts, and prepare traffic signal timing sheets for the modification and coordination of the traffic signals at the intersections of Azusa Canyon Road/Arrow Highway, Azusa Canyon Road/Olive Street, and Azusa Canyon Road/Cypress Street. Observe and fine tune signal timing at all locations after implementation. Prepare signing and striping plans, specifications, and cost estimates for Arrow Highway, from Fourth Street to Maine Avenue. Coordinate with local businesses along Arrow Highway, within the project limits, and host a meeting to present the project plans, receive feedback, and develop solutions.
EXHIBIT A
I
r,,
EXHIBIT "B" SCHEDULE OF COMPENSATION Consultant shall perform the requested services on a time-and-materials basis as set forth in the Scope of Services in accordance with the following hourly rate schedule, but not to exceed the Contract Sum of$22,393.00. LABOR RATES: Project Manager
$135/hour
Principal Engineer
$135/hour
Senior Transportation Designer
$105/hour
Senior Transportation Specialist
$135/hour
The Contract Sum is inclusive of all costs and fees for labor, equipment, and materials of any kind utilized by Consultant to complete the services under this Agreement. Consultant shall not be entitled to any other compensation or reimbursement of expenses beyond the above hourly rate for performance of services under this agreement. Consultant shall charge the above hourly rate for any additional work performed that is authorized by the City in writing.
EXHIBITB
EXHIBIT "C" SCHEDULE OF PERFORMANCE The traffic design services identified in Exhibit "A" are expected to be completed in approximately three months, depending on the collection of traffic data (required during school hours).
EXHIBITC
City if
'21 City Council
IRWINDALE
DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Consideration of Rejection of Bids Received for the City Hall and Police Department Facility Roof Replacement and HVAC Upgrade Improvement Project; P-949
City Manager's Recommendation:
That the City Council reject all bids for the City Hall Police Department Facility Roof Replacement and HVAC Upgrade Improvements Project, and direct the City Engineer to re-advertise this project. Background and Analysis:
On May 24, 2017, City Council approved plans and specifications and authorized staff to solicit bids for construction of this project. This project was advertised twice in the local San Gabriel Valley Tribune Newspaper and the Green Sheets. On July 3, 2017, the City received four (4) bids for the City Hall Police Department Facility Roof Replacement and HVAC Upgrade Improvements Project with the following results: Contractor
Bid Amount
Comments
Results
Affordable Additions
$425,000.00.
No 10% Bid Bond
Disqualified
Pyramid Development
$453,4737.00
No 10% Bid Bond
Disqualified
ACE CD, Inc.
$657,873.50
Missing Addendum No. 3
Disqualified
Lama Construction
$777,000.00
Exceeds Funding Budgeted
Exceeds Funding Budgeted
As depicted in the table above, four (4) bids were submitted and three (3) bids were automatically disqualified for missing required information or bid bonds.
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The only bid that met all submittal requirements was in the amount of $777,000, which exceeds the funding available for this project. Staff is recommending all bids be rejected and the project be re-advertised. Fiscal Impact:
Funding for this project was budgeted in the FY 2016/17 GIP budget and carried over to . FY2017/18 GIP Budget. Review:
Fiscal Impact:
~
Legal Impact:
C;!JL
(Initial of CFO) (Initial of Legal Counsel) None.
Prepared By: Reviewed By/Contact:
Edgar Rojas, Engineering and Mining Manager William K. Tam, Development Services Director/City Engineer
Phone:
(626) 430-2212
Attachment(s):
Page 2
None
COUNCIL AGENDA ITEM (}.A 81 City Council DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
City ef
IRWINDALE
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Adoption of the City of Irwindale Fraud Policy
City Manager's Recommendation: Adopt Resolution No. 2017-46-2944 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE CITY OF IRWINDALE FRAUD POLICY", reading by title only and waiving further reading thereof. Background and Analysis: The City of Irwindale is committed to protecting all City residents, City employees, and public assets entrusted to the City. Accordingly, it is the goal of the City to identify and promptly investigate all incidents of fraud, waste, and abuse, and to pursue appropriate remedies available under the law. Fraud is an unjust, unethical or criminal deception intended to result in financial or personal gain to the perpetrator. There are many different types of fraudulent activities, and the Fraud Policy includes a list of several examples of fraudulent actions. Fraud in all its forms is wrong and unacceptable. Additionally, the City recognizes that confidential reporting would be a very effective way to discover fraud, waste, and abuse within the City. Consequently, the City has developed the City of Irwindale Fraud Policy to aide in the detection, prevention, and investigation of fraud. This Fraud Policy would provide the public, City employees and City officials with a formal and confidential process for reporting suspected fraudulent behavior. This Fraud Policy outlines both the procedures for reporting fraudulent behavior, as well as the subsequent investigation process. The Fraud Policy attached to this resolution has been reviewed and approved by the City Attorney, as well as all three City employee associations. Any input or comments received by the employee associations have been incorporated. This Fraud Policy will be continue to be reviewed periodically to ensure it remains useful, relevant, and effective.
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Fiscal Impact:
There is no fiscal impact in adopting this Fraud Policy.
Review:
Fiscal Impact:
~
Legal Impact:
a>~.?-\lnitial of Legal Counsel)
(Initial of CFO)
Prepared By/Contact:
Eva Carreon, Finance Director
Phone:
(626) 430-2221
Attachment(s):
Page 2
Resolution No. 2017-46-2944
RESOLUTION NO. 2017-46-2944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE CITY OF IRWINDALE FRAUD POLICY
WHEREAS, the City of Irwindale is committed to protecting City residents, City employees, and public assets entrusted to the City; and WHEREAS, the City wishes to identify and investigate incidents of fraud, waste, and abuse discovered, and to pursue appropriate remedies available under the law; and WHEREAS, the City recognizes that confidential reporting can be an important and effective way to discover fraud, waste, and abuse; and WHEREAS, a formal Fraud Policy will allow members of the public, City employees, and elected and appointed City officials to confidentially report incidents of fraud, waste and abuse within the City.
NOW, THEREFORE, THE CITY OF IRWINDALE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Fraud Policy attached as Exhibit A is hereby approved and shall be effective immediately upon the approval of this Resolution. SECTION 2. The Chief Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this_ day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura M. Nieto, CMC Chief Deputy City Clerk
Resolution No. 2017-46-2944 Page 1
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE
} } ss. }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-46-2944 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular City Council meeting held on July __ , 2017, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Laura M. Nieto, CMC Chief Deputy City Clerk
Resolution No. 2017-46-2944 Page 2
Exhibit A
CITY COUNCIL POLICY NUMBER: DATE ADOPTED/AMENDED: SUBJECT:
Fraud Policy
CITY OF IRWINDALE FRAUD POLICY I. INTRODUCTION The City of Irwindale ("City"), is committed to protecting City residents, City employees, and public assets entrusted to the City. Accordingly, it is the policy of the City to identify and promptly investigate incidents of fraud, waste, and abuse committed by City employees, and to pursue appropriate remedies available under the law. The City recognizes that confidential reporting can be an important and effective way to discover fraud, waste, and abuse. Consequently, the City has established this Policy, which outlines the process and allows members of the public, City employees, and elected and appointed City officials to confidentially report incidents of fraud, waste, and abuse within the City.
II. POLICY This policy is established to ensure member of the public, elected officials, committee and commission members, volunteers, and employees are aware of the following: • • • •
Acts that are considered to be fraudulent, wasteful or abusive; Procedures for reporting suspected fraudulent, waste, abuse, or abusive acts; Steps to be taken when fraud, waste, abuse, or other related activities are suspected; and The responsibility of City officials and employees to institute and maintain a system of internal controls to prevent and detect fraud, waste, and abuse as set forth in this Policy.
III. SCOPE OF POLICY This policy applies to any fraudulent, wasteful, or abusive activities, involving employees as well as shareholders, consultants, vendors, contractors, outside agencies doing business with employees of such agencies, and/ or any other parties with a business relationship with the City. 01005.0001/364744.2
1
The purpose of this Policy is to only address a specific and limited set of issues. A person considering maldng a report pursuant to this Policy should only report acts of fraud, waste, and abuse, as defined in this Policy. Other issues should be reported elsewhere. California Government Code Section §53087 .6(f)(2) defines, "fraud, waste, and abuse," as: Any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside of the scope of his or her employment, that is ~ in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent clams, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to performance duty, ~ is economically wasteful, ~ or involves gross misconduct. A. What Constitntes Fraud, Waste, and Abuse? The following actions would be appropriate subjects to report under the scope of this Policy:
• • • • • • • • • • • •
Corruption Bribery Kickbacks Theft of Government Property False Claims for Payment Forging Financial Documents Misuse of Government Property Use of Coercion, Threats, or Position of Authority for Personal Gain Willful Failure to Perform Duties Deceptive Accounting Practices Other Kinds of Misconduct Involving Government Finances or Assets Other Activities that Waste or Mismanage Government Assets B. What Does Not Constitute Fraud, Waste and Abuse?
The scope of this Policy does not include reports that deal with customer service requests, "fixit" requests, personnel issues, or crimes. Examples of reports or inquiries that would not fall under the purview of this Policy include, but are not limited to: • •
Fallen Trees Tree Trimming
01005.0001/364744.2
2
• •
Street Lighting Traffic Signal Repair
•
Median Irrigation
• •
Potholes Park Irrigation
• •
Park Lights Trash and Graffiti
• •
Public Record Request Labor Management Issues, e.g. Discrimination, Sexual Harassment, Substance Abuse, and Workplace Violence/Threat
•
Criminal Activity
IV. REPORTING PROCEDURES It is the City's intent to fully investigate every Report objectively as to avoid mistaken accusations or alerting suspected individuals that an investigation is under way. •
•
•
•
•
Any City official or employee who discovers or suspects fraud, waste, and abuse, as set forth in this Policy, shall contact the City Manager immediately and complete the attached Investigative Complaint Form (Attachment "A"). If the City Manager is the subject of the report, the City official or employee making the report shall contact the Assistant City Manager and complete Attachment A. Fraud, waste, and abuse, as set forth in this Policy, may also be reported anonymously three different ways: o By calling (626) 430-2216; o Via e-mail to [email protected]; and o By mailing the Investigative Complaint Form (Attachment "A") The City Manager or designee has the primary responsibility for the investigation of all suspected fraudulent reports. Every report shall be immediately forwarded to the City Manager. If the City Manager is the subject of the report, the report shall be immediately forwarded to the Chief of Police. Decisions to prosecute or refer the examination results to the appropriate law enforcement and/ or regulatory agencies for independent investigation will be made in conjunction with the City Attorney's Office, as will final decisions on the disposition of the case If the City Manager is the subject of the report, he or she will be barred from making any decisions concerning the investigation or resolution of the report, and shall hold the content of the report in strict confidence, except that he or she may discuss the report with appropriate legal counsel. Throughout the investigation the City Manager or designee may have:
01005.0001/364744.2
3
•
•
•
o Free and unrestricted access to all City records and premises, whether owned or rented. o The authority to examine, copy, and/ or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of their investigation, within the limits provided by state and federal laws . All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the City Manager or the City Attorney's Office. The reporting individual should be informed of the following: o Do not contact the suspected individual in an effort to determine facts or demand restitution. o Do not discuss the case, facts, suspicions, or allegations with anyone, including but not limited to, the media or any member of the public, unless specifically asked to do so by the City Manager, designee or City Attorney's Office. The City shall not take any retaliatory action against any individual who makes a Report.
V. INVESTIGATION RESULTS Upon conclusion of the investigation: •
•
• •
The City Manager or designee, in conjunction with the City Attorney's Office, shall take appropriate action regarding misconduct following a review of the investigation results and findings. Disciplinary action may include, suspension, termination of employment, and where appropriate, referral of the case to an appropriate law enforcement agency and District Attorney's Office for possible investigation and prosecution. If an investigation results in a recommendation to terminate an individual, the recommendation will be reviewed for approval by the designated representatives from the City Manager's Department, and/or Human Resources Department, as appropriate under the applicable City Personnel Rules, before any such action is taken, and in accordance with any negotiated disciplinary language. The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. If an investigated report is found to lack merit, it will be closed, and no further action may be taken on the matter.
01005.0001/364744.2
4
VI. CONFIDENTIALITY The City Manager or designee treats all information received confidentially to the extent required by Section §53087.6 of the California Government Code.
VII. FILING OF MALICIOUS COMPLAINTS The City will not tolerate malicious reports. Reports will not be considered malicious merely because they determined to be unsubstantiated. A malicious report is one that is made in bad faith or with knowledge that the complaint entirely lacks any factual basis.
VIII. ADMINISTRATION The Director of Finance and the City Manager are responsible for the administration, revision, interpretation, and application of this Policy. The Policy will be reviewed and revised as needed.
IX.ACTION This Policy is effective on the date approved by the City Council.
01005.0001/364 744.2
5
Attachment "A"
CITY OF IRWINDALE Investigative Complaint Form The City oflrwindale is committed to conducting its affairs ethically and in compliance with the law. We take pride in our employees and the high quality services we provide to the community. In order to ensure that we maintain and improve upon the quality and integrity of our services, it is important that we provide employees and the public with ample opportunity to express any concerns regarding fraudulent, wasteful, or abusive activities by City contractors, volunteers, employees, elected officials, and members of the City's committees and commissions. If you wish to express a concern, please complete and submit the following form to:
City of Irwindale Attn: City Manager 5050 N Irwindale Avenue Irwindale, CA 91706 1. Your Contact Information (leave blank ifyou wish to remain anonymous): Name: Position: Work Phone: Home Phone: Email: 2. Please Give Us Information About Your Complaint (attach additional pages Date the Incident Occurred:
if necessary)
Time the Incident Occurred: Suspected Person(s):
Description of Complaint (What, where, when, how and who else may be aware of incident):
01005.0001/364744.2
6
0City Council
DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
atyef
IRWINDALE AGENDA REPORT
COUNCIL AGENDA ITEM ~e, JUL 1 2 2017 ·
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
Fred Galante, City Attorney; Chris F. Neumeyer, Deputy City Attorney
Issue:
Proposition 64 and Marijuana Law Workshop (Continued from June 14, 2017)
City Manager's Recommendation:
Consider providing direction on following topics concerning Proposition 64 and marijuana law: 1. Regulation of personal indoor marijuana cultivation, and regulation or prohibition of personal outdoor marijuana cultivation; 2. Regulation or prohibition of commercial marijuana operations which otherwise will be eligible for state licenses on or about January 1, 2018. Failure to address commercial recreational marijuana operations will reasonably allow such operations in City; and 3. Taxation and fee issues if City permits commercial marijuana operations. Background and Analysis: 1. Proposition 64 /Adult Use of Marijuana Act (AUMA)
On November 8, 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). AUMA legalizes personal marijuana use, possession of up to one ounce of marijuana, and personal cultivation of up to six marijuana plants. AUMA largely preempts local control over these personal activities, with the exception of cities may ban personal outdoor marijuana cultivation, and cities may reasonably regulate (though not ban) personal indoor cultivation of up to six marijuana plants. AUMA provides for (on or about January 1, 2018) nineteen different state licenses for commercial recreational marijuana businesses (for cultivation, manufacturing, testing, distribution and retail sale) and establishes a statewide marijuana regulatory system administered by a Bureau of Marijuana Control (BMC).
Page 1
AUMA authorizes cities to regulate or prohibit commercial recreational marijuana operations. Failure to ban (or regulate) commercial recreational marijuana operations will reasonably allow a lawful state licensee to operate in the City. 2. Medical Marijuana Regulation and Safety Act of 2015 (MMRSA)
In October 2015, the State legislature enacted the Medical Marijuana Regulation and Safety Act ("MMRSA") to establish a statewide regulatory system for the licensing and operation of cultivation, manufacturing, testing, distribution and retail sale of medical marijuana. MMRSA provides for (on or about January 1, 2018) seventeen different types of commercial medical marijuana state licenses, similar to the AUMA recreational marijuana license types, and also governed by a Bureau of Marijuana Control. MMRSA authorizes cities to regulate or prohibit commercial medical marijuana operations. Please refer to the accompanying powerpoint presentation for further review of issues. Fiscal Impact:
Depending on the direction from Council there may be staff and legal costs expended to prepare any necessary amendments to the Irwindale Municipal Code, conduct possible public outreach, and/or to hold an election regarding taxation of marijuana activities. Cities may impose local taxes on both medical and recreational commercial marijuana operations. Refer to accompanying powerpoint for more information. The fiscal impact of Proposition 64 on the City is uncertain. The state will tax commercial marijuana operations. The Legislative Analyst's Office estimates state and local revenue from a few hundred million dollars to $1 billion. Cities are eligible for certain grants funded by the new state revenue for law enforcement, fire protection and public health and safety. A very rough estimate is approximately $90,000 per city annually. If a city bans the cultivation or retail sale of marijuana then that city is not eligible for these state grants. Review:
Fiscal Impact:
if)~( &('.{Initial of CFO)
Legal Impact: Electronically approved by Fred Galante (Initial of Legal Counsel) If action is not taken before the state begins issuing state marijuana business licenses on or about January 1, 2018, the City will cede substantial local control over regulation or prohibition of certain commercial marijuana business operations within the City. Prepared By/Contact:
John Davidson, City Manager Fred Galante, City Attorney
Phone:
(626) 430-2217
Page2
ATTACHMENTS: Powerpoint entitled "Proposition 64 and Marijuana Law Workshop" Coordinated With: City Manager's Office Finance City Attorney
Page 3
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TOPICS COVERED 1. Action Items Moving Forward 2. Brief History of Marijuana Laws 3. Personal Marijuana Cultivation 4. Marijuana Commercial Operations 5. Taxation and Fees 2
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1. Personal Marijuana Cultivation 2. Commercial Marijuana Business Operations 3. Taxation and Fees
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1. 1970 - Federal Controlled Substances Act (CSA) 2.
1996 - CA Compassionate Use Act (CUA) (Proposition 215)
3.
2003 - CA Medical Marijuana Program Act (MMPA)
4.
2013 - Federal Justice Dept. deprioritizes CSA enforcement against medical marijuana in states which regulate
5.
2014 - Congress defunds federal enforcement of CSA against medical marijuana in states which regulate
6.
2015 - USA v. Marin All. For Med. Marijuana N.D. Cal., 2015 No. C 98-00086 CRB
7.
2015 - California Medical Marijuana Regulation and Safety Act (MMRSA)
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2016 - USA v. Mcintosh 833 F.3d 1163 (9th Cir. 2016)
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2016 - Gallop Poll shows 60% of Americans support legalization of marijuana
10. 2016 - California Adult Use of Marijuana Act (AUMA) (Proposition 64) 11. 2016 - New Presidential administration creates uncertainty 12. 2017 - CSA remains valid law; 29 states (and DC) legalized medical marijuana; eight states (and DC) legalized recreational marijuana use 13. 2018 - AUMA (Proposition 64) and MM RSA provide for state licenses for commercial marijuana businesses
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California residents may cultivate up to six living marijuana plants within a single private residence
1. Outdoor Personal Cultivation •
Cities may ban outdoor personal cultivation at residence.
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However, unless outdoor personal cultivation is expressly prohibited, then individuals under State law have the right to cultivate at residence up to six plants outdoors.
2.
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Indoor Personal Cultivation •
Cities preempted from prohibiting personal cultivation of up to six living marijuana plants inside a private residence.
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Cities may "enact and enforce reasonable regulations to reasonably regulate" indoor cultivation which do not act to effectively prohibit indoor cultivation. 6
Status Quo in Irwindale: • Outdoor - Individuals reasonably prohibited from growing recreational marijuana plants outside a private residence. • Indoor - Individuals may grow unregulated up to six recreational marijuana plants inside a private residence. Possible Options for Irwindale: .. Outdoor - Continue ban on outdoor recreational marijuana cultivation, or allow and/or regulate. Possible regulations are property owner approval and less than six plants . .. Indoor - Impose "reasonable" regulations on indoor cultivation of recreational marijuana. Examples are odor control, security requirements, permits, fire department inspections and/or ~lectrical use regulations. Legality uncertain.
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" Indian Wells requires registering for $141 per year permit for indoor cultivation, as well as authorization for officials to allow a home inspection to determine no more than six plants being grown, there is adequate ventilation, and cultivation is in a designated locked area . ., San Jacinto allows indoor cultivation only if no recent felony drug convictions or pending code enforcement actions. " Montebello requires a permit for indoor cultivation which is only issued if do not owe city fees and must agree not to use any more water than needed to keep six plants alive . .. Whether overly restrictive indoor cultivation regulations will effectively act to prohibit indoor cultivation, and thus violate Proposition 64, are already the subject of a lawsuit filed by the ACLU against City of Fontana on June 5, 2017.
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Irwindale may prohibit commercial operations in the City as follows:
marijuana business
1. Recreational marijuana operations must be expressly prohibited by local ordinance or regulation to prevent state licenses from being issued. (B&P § 26055(e).) 2.
Medical marijuana operations should be expressly prohibited to comply with best practices (except for medical marijuana delivery ban must be express).
3.
Cities cannot prohibit use of public streets by delivery services passing through City.
Note that cities cannot prohibit limited personal use, possession and cultivation of marijuana. 9
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City authorized to adopt stricter regulations than state: 1. Recreational - " ... regulations regarding health and safety, environ menta I protection, testing, security, food safety, and worker protections established by the state shall be the minimum standards ... A local jurisdiction may establish additional standards, requirements, and regulations." (B&P § 26201.) 2. Medical - "a city ... may adopt ordinances that establish additional... regulations for local licenses and permits ... Any standards, requirements, and regulations regarding health and safety, testing, security, and worker protections established by the state shall be the minimum standards ... (B&P § 19316.)
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GENERAL PROHIBITION (examples):
1. Ontario 2. Hemet 3. Fontana PERMIT AND REGULATE (examples):
1. Desert Hot Springs 2. San Bernardino 3. Adelanto 4. Cathedral City
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Recommended City expressly decide before January 1, 2018 the status of each type of medical and recreational commercial marijuana businesses to be lawfully permitted by the state: dispensaries, deliveries, cultivation, manufacturing and testing. Current Irwindale Municipal Code .. Ban on medical marijuana dispensaries. " Ban on delivery of medical marijuana . .. Ban on marijuana cultivation and processing (e.g., preparation, testing, extraction). • Permits/licenses prohibited for marijuana dispensaries, cultivation and processing, and medical marijuana deliveries. • Recommend City amend code to expressly address Prop 64.
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State licenses for commercial marijuana dispensaries . (recreational and medical) to be issued by 2018. ~:,,/, p~ City presently bans medical marijuana dispensaries and prohibits licenses/permits for all marijuana dispensaries.
3.
City can prohibit all marijuana dispensaries, or permit/regulate certain medical and/or recreational. Regulations could include zoning, number, record keeping, security requirements, odor control, insurance, etc.
4.
Failure of a city to ban/regulate commercial recreational marijuana dispensaries by 2018 will reasonably allow their operation in that city. ~<:;.~~'-~~~
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1.
State licenses to deliver marijuana (recreational and medical) to be issued by 2018.
2.
Current local law prohibits delivery of medical marijuana.
3.
City can prohibit recreational and/or medical deliveries. (City cannot prohibit the use of its public streets by delivery services simply passing through Irwindale.)
4.
If a city does not want out-of-area marijuana operations legally delivering into city, then before state issues delivery licenses (by 2018) that city should adopt an express ban.
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State licenses to commercially cultivate marijuana (recreational and medical) to be issued by 2018.
2. City presently prohibits marijuana cultivation. 3. City can prohibit all types of commercial marijuana cultivation operations (medical and recreational) and/or restrict commercial cultivation operations to certain zones, limit their numbers, and impose regulations. 4. Failure of a city to regulate/ban commercial recreational marijuana cultivation will reasonably allow state licensees to operate in that city.
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Manufacture and testing of marijuana products (recreational and medical) licensed by state in or about January 1, 2018.
2.
City presently prohibits "marijuana processing" which includes preparation, testing and extraction of marijuana.
3.
City can prohibit all manufacturing, or allow certain types (e.g., edibles, oils, creams and pills). Subject to state laws regulating process, content, labeling and packaging.
4.
City can prohibit/allow test facilities (test for contaminants and "conformance to label content of compounds").
5.
Failure of a city to expressly ban/regulate recreational manufacturing/testing reasonably will allow in that city.
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PROPOSITION 64 MARIJUANA TAXES " Statewide 15% excise tax on purchasers of marijuana. " Statewide cultivation tax ($9.25 dry-weight ounce marijuana flowers/ $2.75 dry-weight ounce marijuana leaves) . .. Medical marijuana retail sales exempt from state sales tax. PROPOSITION 64 LOCAL RETURN REVENUES " Local return revenues estimated from $80-180 million from state cannabis taxes "to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act." " However, no "grants to local governments which have banned the cultivation, including personal cultivation ... or retail sale of marijuana or marijuana products ... " (Revenue & Taxation Code § 34019(f)(3 )( c ).)
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CITY TAX OPTIONS (Need voter approval) .. Gross receipts tax " Cultivation tax
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FEE OPTIONS .. Recover licensing and regulatory costs DEVELOPMENT AGREEMENTS " City may enter in development agreements with certain marijuana business operations with annual City revenues. (Govt. Code § 65865(a).) " Mechanism to impose additional financial, service and regulatory conditions.
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Palm Springs - tax rate 10% gross receipts (up to 15% tax approved) for 6 permitted dispensaries; population 46,000; 2014-15 FY Estimated Revenue: $1,143,144
2.
Desert Hot Springs - tax rate 10% gross receipts with 3 dispensaries approved in September, 2015; population 28,000; 2015-2016 FY Estimated Revenue: $200,000
3. Santa Ana - tax rate up to 10% gross receipts, starts at 5%; 20 allowed dispensaries; population 335,000; 2015-2016 FY Estimated Revenue: $1,500,000 4. San Jose - tax rate 10% gross receipts on 16 permitted dispensaries; population 1,000,000; 2015-2016 FY Estimated Revenue: $4,500,000
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19
0 C\I
ll'JCity Council D Successor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
Oryq(
IRWINDALE
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Olive Pit Excavation Project - 2017 Second Quarter Progress Report (Continued from June 28, 2017)
City Manager's Recommendation:
That the City Council receive the verbal presentation report report.
provided and file this
Background and Analysis:
1) The mining operator, United Rock Products (URP), continues with the construction of the new access road along the southerly boundary of the pit. A temporary ingress ramp was constructed along the southeast corner of the pit to allow inbound traffic to access the site. This temporary ingress ramp will reduce the truck traffic on Olive Street as most of the import trucks will not be using the driveway on Olive Street to enter the pit. Depending on the availability of fill material, it is anticipated that the completion of this new access road will be in approximately 6 months. 2) Based on information submitted by the mining operator, the construction of the landscape improvement on Olive Street is tentatively scheduled to begin in July/August 2017. 3) The construction of the block wall along the westerly boundary of the pit is tentatively scheduled to start in August 2017. 4) URP also reported that there was approximately 232,700 C.Y. of soil imported into Olive Pit for the construction of the access road. Additionally, URP has removed approximately 117,000 tons of talus as a part of the construction of this access road. Fiscal Impact:
None Review:
Fiscal Impact: t}) r ·
~
(Initial of CFO) None.
Page 1
Legal Impact: Electronically approved by Fred Galante (Initial of Legal Counsel)
Prepared By: Francisco Carrillo, Project Manager - Mining Reviewed by/Contact: William K. Tam, Development Services Director/City Engineer Phone:
Page2
(626) 430-2212
0 City Council D Successor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
Cityef
IRWINDALE
JUL 1 2 2017
AGENDA REPORT
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Naming the Public Works Maintenance Yard at 16034 Calle Del Norte
City Manager's Recommendation: That the City Council (1) conduct a public hearing to receive public comments on naming the Public Works Maintenance Yard at 16034 Calle Del Norte the David Martinez Maintenance Yard; and (2) following the conclusion of the public hearing, the City Council adopt the attached Resolution No. 2017-40-2938, entitled: "A Resolution of the City Council of the City of Irwindale Approving the Naming of the Public Works Maintenance Yard, 16034 Calle Del Norte, the David Martinez Maintenance Yard and Approving an Appropriation of $7,000 for this Project," reading by title only and waiving further reading thereof. Background and Analysis: On April 26, 2017, City Council discussed, under New Business, the possibility of naming the Public Works Maintenance Yard after Mr. David Martinez in honor of his 30 plus years of service with the City of Irwindale as a public works maintenance employee and supervisor. Mr. David Martinez was an employee and supervisor in the Public Works Department for over 30 years. According to the City's personnel records, Mr. Martinez retired on September 14, 1997 with an official title of "Supervisor" of the Public Works Department. The City does not currently have a formal policy for naming of streets or facilities; however, as a past practice, the City has named many streets and facilities after persons/families through the public hearing process. Staff has compiled the attached list of streets and facilities that have been named after or dedicated to persons/families. A Notice of Public Hearing was posted in the San Gabriel Valley Tribune on Tuesday, July 4, 2017. In addition, the notice was posted outside City Hall and the Library and inside the Irwindale Post Office.
Page 1
Staff spoke directly with Mr. David Martinez' daughter Linda Martinez to confirm the naming of the facility after her father is the Public Works Maintenance Yard, 16034 Calle Del Norte. It is noted that during the April 26, 2017 City Council meeting, Mayor Pro Tern Ambriz also revealed that Mr. Fred "Tocho" Fraijo was a supervisor in the Public Works Maintenance Division prior to Mr. David Martinez; and that Mr. Fred "Tocho" Fraijo should be considered for future discussion of naming the Public Works Maintenance Facility after an employee. To address any future naming of streets and facilities, it is recommended that a formal policy be developed and brought back to the City Council for approval.
Fiscal Impact:
The estimated cost to complete the installation of the required signage and other associated work with the naming of the Public Works Maintenance Yard to David Martinez Maintenance Yard is $7,000. As such, it is recommended that the City Council approve the appropriation of $7,000 from the General Fund for the construction of this project. Review:
Fiscal Impact:
~
Legal Impact:
(Initial of CFO)
c_(,?,t._,(lnitial of Legal Counsel)
Prepared By:
Iris Espino, Business License Clerk
Reviewed By/Contact:
William K. Tam, Development Services Director/City Engineer
Phone:
(626) 430-2212
Attachment(s):
Page 2
Resolution Number 2017-40-2938 Irwindale Streets and Facilities Named After/Dedicated to Persons/Families
RESOLUTION NO. 2017-40-2938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE NAMING OF THE PUBLIC WORKS MAINTENANCE YARD, 16034 · CALLE DEL NORTE, THE DAVID MARTINEZ MAINTENANCE YARD AND APPROVING AN APPROPRIATION OF $7,000 FOR THIS PROJECT
WHEREAS, on April 26, 2017, City Council discussed, under New Business, the possibility of naming the Public Works Maintenance Yard after Mr. David Martinez in honor of his 30 plus years of service with the City of Irwindale as a public works maintenance employee and supervisor; WHEREAS, Mr. David Martinez was an employee and supervisor in the Public Works Department for over 30 years. According to the City's personnel records, Mr. Martinez retired on September 14, 1997 with an official title of "Supervisor" of the Public Works Department; WHEREAS, the City does not have a formal policy for naming of streets or facilities; however, as a past practice, the City has named many streets and facilities after persons/families through the public hearing process; WHEREAS, a public hearing was set for July 12, 2017 and a notice of public hearing was posted in the San Gabriel Valley Tribune on Tuesday, July 4, 2017; WHEREAS, the City conducted a public hearing on July 12, 2017 to receive public comments on naming the Public Works Maintenance Yard, 16034 Calle Del Norte, after David Martinez; and WHEREAS, the estimated cost to complete the installation of the required signage and other associated work with the naming of the Public Works Maintenance Yard to David Martinez Maintenance Yard is $7,000.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the City Council of the City of Irwindale approves the name David Martinez Public Works Yard; SECTION 2. That the City Council of the City of Irwindale approves the appropriation of $7,000 from the general fund for the construction of this project; and
SECTION 3. That the City Council of the City of Irwindale authorizes the Development Services Director/City Engineer to install the required signage and other associated work on the outside of the Maintenance Yard noting the new name. PASSED, APPROVED and ADOPTED this 121h day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura M. Nieto, CMC 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. 2017-40-2938 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of July 2017, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAl N: Councilmembers:
Laura M. Nieto, CMC Chief Deputy City Clerk
i Ii
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IRWINDALE STREETS NAMED AFTER PERSONS/FAMILIES Alice Rodriguez Circle Allen Drive Avenida Barbosa Avenida Padilla Ayon Avenue Calle Breceda Calle Burrola Calle Eva Miranda Diaz Street Fraijo Avenue Martin Road Martinez Street Ornelas Street Pat Miranda Lane Ruelas Street Santos Diaz Street Schabarum Avenue Tapia Street
IRWINDALE FACILITIES NAMED AFTER/DEDICATED TO PERSONS Mike M. Martinez Council Chambers Dan Diaz Recreation Building Alfred F. Herrera Softball Field Deputy David March -Jardin De Roca Park
CJCity Council DSuccessor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
City t!/
IRWINDALE AGENDA REPORT
COUNCIL AC;ENDA ITEM 3B JUL 1 2 2017
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Conditional Use Permit (CUP) No. 12-2016, a request by Mark Payne, Pannattoni Development Company, on behalf of Samuel, Son & Company, Inc., to allow for the operation of a metal manufacturing and distribution business per Irwindale Municipal Code (IMC) Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building.
City Manager's Recommendation:
That the City Council take the following action: 1.
Adopt Resolution No. 2017-43-2941 approving CUP No. 12-2016 subject to the attached Conditions of Approval.
Alternative Actions: 2.
3.
Request that staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly scheduled City Council meeting for adoption; OR Request that the applicant revise the project and continue the hearing to a date certain.
Background and Analysis:
On November 11, 2015, the City Council approved Site Plan & Design Review (SP&DR) No. 01-2014 to allow the development of a 133,800 square-foot, single-tenant, light manufacturing/distribution/warehouse building and associated site improvements at the subject property. The approval included a condition that a Zone Change application would be submitted to re-zone one of the three parcels that make up the site from M-2 (Heavy Manufacturing) to M-1 (Light Manufacturing) to match the M-1 zoning of the other two parcels and, thus, preventing heavier M-2 industrial uses from occupying the site. On January 13, 2016, the City Council adopted Ordinance No. 699 on second reading, thus approving Zone Change No. 01-2015 to zone the entire property M-1 (Light Manufacturing).
Page 1
Previous Discretionary Review & Appeal:
On May 17, 2017, the Planning Commission conducted a public hearing for the proposed steel manufacturing and distribution use. A staff report and Resolution No. 728(17) recommending approval was presented (Attachment E). A letter from Robert Diaz was submitted to the Planning Commission at the hearing in opposition to the project (Attachment F). Following deliberation, the Planning Commission voted 4 to 1 to deny the project and requested that staff bring back a resolution of denial at the next regularly scheduled meeting. The Planning Commission was unable to make the finding of fact that the proposed use would not have an adverse effect upon adjacent property due to adverse effects such as toxic fumes that could potentially be emitted into the air and chemical fires that may potentially impact the adjacent properties. On June 21, 2017, the Planning Commission approved the denial Resolution No. 728(17), denying CUP No. 12-2016 (Attachment G). Minutes from the May 17, 2017 and June 21, 2017 Planning Commission meeting are being prepared and unavailable to attach to this report. On June 30, 2017, a letter of appeal was received from Alisha Winterswyk, Best, Best & Krieger, LLP, on behalf of Samuel, Son & Co., Inc., appealing the Planning Commission's denial of CUP No. 12-2016 (Attachment H). Pursuant to IMC Section 17.80.120(A), the City Council the appeal shall be conducted as a de novo public hearing. On July 5, 2017, Community Development received a letter from David Oliva, General Manager of Samuel, Son & Co., Inc., in response to issues raised in Mr. Diaz' letter to the Planning Commission (Attachment I). Proposal:
The Applicant, Samuel & Son, care of Panattoni Development Company, has submitted a request for a Conditional Use Permit to operate a steel manufacturing and distribution business as the sole tenant within the proposed building. The proposed use is conditionally permitted within the M-1 zone per IMC Section 17.52.080(16) "Metals, manufacture of metal". Founded in 1855, Samuel & Son is a family-owned and operated business with over 4,800 employees and 100 facilities located in the US, Canada, Mexico, China, and Australia. Samuel manufactures carbon steel (flat rolled and plate), stainless steel, aluminum, steel bar and ERW (Electric Resistance Welded) tubing, tool steel, copper and brass, and prepainted metals. The proposed Irwindale operation does NOT include a foundry 1 . Casting of steel is not a part of the operation but, rather, cutting and processing of steel plates and bars, which are then placed on pallets and distributed to clients.
1 Per Merriam-Webster Dictionary, a foundry is defined as a building or factory where metals are produced, which can include melting and casting of steel.
Page2
Although the proposed tenant is Samuel & Son, it should be noted that the proposed CUP is not tied to the tenant but, rather, to the land and the proposed "Metals, manufacture of metal" land use. Conditional Use Permit Analysis: Subject Property and Surrounding Land Uses/Zoning/General Plan Designation The subject site consists of three parcels totaling approximately 6.25 acres, which were conditioned by SP&DR No. 01-2014 to obtain a lot line adjustment prior to building permit issuance to consolidate the three parcels into one lot. The site is currently occupied by a vacant, dilapidated, and fire-damaged stone dwelling unit and vacant industrial, service commercial, and office uses previously used by an automotive repair shop. The site is designated by the General Plan as "Industrial/Business Park". The approved general industrial development is consistent with this designation. Based on the nature of the approved development project, the general industrial use is consistent with the General Plan and Zoning Code. Surrounding zoning and development are as follows: North:
M-2 (Heavy Manufacturing) Industrial, warehouse, and office uses
South:
C-3 (Commercial-Residential) & M-2 (Heavy Manufacturing) Service, retail sales and warehouse
East:
R-1 (Single-Family Residential) Single-family residential (Morada Street)
West:
M-2 (Heavy Manufacturing) Industrial, warehouse, and office uses (Irwindale Commerce Center)
Site:
M-1 (Light Manufacturing) Vacant land w/dilapidated fire-damaged residential stone structure and abandoned automotive repair building
Development Standards Compliance The changes to the site plan for the proposed use have been determined to be in substantial conformance with the approved site plan under SP&DR 01-2014. The overall building area has been reduced from 133,800 SF to 129,800 SF, surplus parking spaces have been removed to account for the minimum amount of parking spaces required (i.e., 97), and the number of dock doors have been reduced from 34 to 27. No changes to the layout or design of the building are proposed. Further, no variances from development standards are being requested.
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Building Setbacks
Proposed
Code Standard
2
Front
20'-0"
20'-0"
Rear
42'-7"
Side
84'-0"
O' O'
Side (Adjacent to residential)
63'-6"
20'-0"
Lot Coverage
47.3%
N/A
Floor-to-Area Ratio (FAR)
0.47:1
1:1 (100%) Max.
Landscaping %
10.5%
10%
97
97
35'-8"
35'-8" Max. 4
Parking Building Height
(Up to 37-6"' for corner tower elements) 3 The single-building project approved by the City Council on November 11, 2015 will encompass the demolition and removal of all existing improvements and the construction and operation of the new single building with associated parking lot, landscaping, and perimeter wall/gate improvements as well as re-location of an existing storm drain that traverses the middle of the site in a north-south direction. Environmental Determination:
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has prepared an Addendum to the Mitigated Negative Declaration that was adopted for the Arrow Highway Business Park in 2015. This 2017 Addendum has been prepared under the provisions of the California Environmental Quality Act (CEQA) and the State of California's (State) "Guidelines for the Implementation of the California Environmental Quality Act" (State CEQA Guidelines) and in response to the City of lrwindale's (City or Lead Agency) receipt of an application for the subject Conditional Use Permit request. Pursuant to Section 15164(b) of the State CEQA Guidelines: "An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for
2
Minimum standard identified unless otherwise stated. Per IMC 17.68.010, Height of penthouses and roof structures, " ... fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed by this title." 4 Per Approved Variance No. 02-2015
3
Page4
the preparation of a subsequent EIR or negative declaration have occurred."5 An "addendum need not be circulated for public review" but can be included in or attached to an adopted negative declaration (Section 15164[c], State CEQA Guidelines). As stated above, it is determined that the proposed project, as revised, does not trigger the need to commencement preparation of an EIR or to prepare a subsequent MND and that only minor technical changes and additions to the 2015 MND are necessary to augment the existing environmental review record to reflect the proposed actions. As evidenced by these findings, staff presents this 2017 Addendum for consideration by the City Council. Noise:
The City Council's findings that the proposed project, as mitigated, would not produce a "significant" noise-related impact was based on a set of operational assumptions exceeding those attributable to the presently proposed use (e.g., extended hours of operation and increased traffic volumes). The technical analysis presented in the 2015 MND concluded that the project would neither exceed the City's adopted noise standards nor violate the City's noise policies. The 2015 MND was based on the assumption that the resulting use would operate on 24hour per day basis. Mitigation measures concurrently adopted by the City Council with the 2015 MND concluded that the project, as so mitigated, would not result in a "significant" impact upon those residents located along the west side of Morada Street (5217-5259 Morada Street, Irwindale), upon Our Lady of Guadalupe Mission Church Historic Building (16239 Arrow Highway, Irwindale), and upon the multi-family housing located near the southeast corner of Arrow Highway and Ayon Avenue (5164 Ayon Avenue, Irwindale). An additional use-specific acoustical analysis was presented in the 2017 Addendum. The findings of that supplemental investigation confirmed the conclusions presented in the 2015 MND. Based on the facility's design, equipment utilization, and projected traffic volumes, a number of additional conditions of approval, intended to further reduce operational impacts on proximal sensitive receptors, were identified and are included herein as additional project conditions. The City acknowledges that the absence of a "significant" noise-related impact (representing a quantifiable threshold under CEQA) should not be construed as synonymous with the absence of any noise-related impact. The mitigation measures presented in the 2015 MND and the additional conditions of approval contained in the 2017 Addendum, however, ensure that operational noise impacts will be reduced to the maximum extent feasible.
5 1 In Friends of the College of San Mateo Gardens v. San Mateo Community College District (2016), the California Supreme Court reaffirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration
Pages
Air Quality:
The 2015 MND concluded that "significant" air quality impacts would either not occur or could be effectively mitigated to a less-than-significant level. Should any equipment regulated by the South Coast Air Quality Management District (SCAQMD) be constructed, installed, altered, and/or operated on the project site, existing State and federal regulations are already in place which will ensure that the use of any such equipment not result in any "significant" air quality impacts. To further ensure that potential air quality impacts are reduced to the maximum extent feasible, a number of additional conditions of approval relating thereto are presented in the 2017 Addendum and have been included herein as project conditions. Further, all of Samuel's filtration systems for its machinery for the new building will be vented inside the building, not outside. CUP Findings:
Pursuant to Section 17.80.040, Conditional Use Permits - Burden of Proof, of the Irwindale Zoning Ordinance, the Applicant must show, to the satisfaction of the Planning Commission or the City Council (if appealed), the existence of the following findings of fact. Staff has determined that the findings can be made based on the analysis within this report: A.
That the site for the proposed use is adequate in size and shape.
As evidenced by the approval of City Council's approval of "Site Plan and Design Review (Discretionary Action) No. 01-2014" [SP&DR (DA) No. 01-2014] on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan will occur (which was initially speculative). All development standards, including parking, setbacks, lot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape. 8.
That the site has sufficient access to streets and highways, adequate in width and pavementtype to carry the quantity and quality of traffic generated by the proposed use.
A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan (which was initially speculative). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use.
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Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND. C.
That the proposed use will not have an adverse effect upon adjacent property.
Existing zoning within the City often places residentially-zoned property adjacent to residentially-zoned property allowing different densities or non-residentially-zoned property exhibiting different operational characteristics. Whenever two dissimilar uses are so located, the exogenous effects of either use can result in an adverse effect on the other. The interests of the adjacent residential and church properties located along Morada Street are neither adversely effected through the construction of a modern industrial building nor through the operation of an appropriately conditioned manufacturing-related use. Because the proposed project, as revised, does not result in the creation of conditions whereby adjacency between dissimilar uses is created, it is staff's interpretation that the inquiry presented in Section 17.80.040(C) relates to the potential presence of a "significant adverse effect" and not merely any unquantifiable "adverse effect." Based on the proposed mitigation measures adopted with the 2015 Mitigation Monitoring and Report Program (MMRP) and the conditions of approval proposed for CUP 12-2016, the proposed use is not anticipated to have a significant adverse effect upon adjacent property. Conclusion City Staff acknowledges the close proximity of sensitive receptors to the project site (i.e., single-family residences located along the west side of Morada Street and Our Lady of Guadalupe Mission Church located at the northwesterly corner of Arrow Highway and Morada Street) and has considered those sensitive receptors in its conclusion. Based upon the project analysis, the findings of fact, and the applicant acceptance of the conditions of approval and mitigation measures, it is Staff's opinion that the proposed Conditional Use Permit application merits approval subject to complying with said conditions of approval and mitigation measures. Fiscal Impact: None. The Project is a private development fully funded by the developer.
Review: Fiscal
Impact:~ (Initial of CFO) Page 7
Legal Impact:
(Initial of Legal Counsel) Electronically Approved by Assistant City Attorney Guerra
Prepared By/Contact:
Marilyn Simpson, AICP, Principal Planner
Reviewed By/Contact:
William Tam, Development Services Director/City Engineer
Phone:
Marilyn Simpson: 626-430-2209 William Tam: 626-430-2212
Attachment(s): A - CC Resolution No. 2017-43-2941 B - Proposed Site Plan and Floor Plan C -Approved SP&DR No. 012014 Plans D - Addendum to Adopted Mitigated Negative Declaration E- PC Staff Report & Resolution of Approval No. 728(17), dated May 17, 2017 F - Letter to PC dated/received May 17, 2017 from Robert Diaz G - PC Staff Report & Resolution of Denial No. 728(17), dated June 21, 2017 H - Letter of Appeal dated/received June 30, 2017 from Alisha Winterswyk, Best Best & Krieger, LLP on behalf of Samuel, Son & Co. I - Letter to Community Development Department dated/received July 5, 2017 from David Oliva, General Manager, Samuel, Son & Co. Inc.
Page 8
RESOLUTION NO. 2017-43-2941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE GRANTING APPEAL NO. 1-17 OF CONDITIONAL USE PERMIT NO. 12-2016 AND APPROVING THE OPERATION OF A METAL MANUFACTURING AND DISTRIBUTION BUSINESS (SAMUEL & SON, INC.) WITHIN A PROPOSED 128,900 SQUARE-FOOT INDUSTRIAL BUILDING (APPROVED THROUGH SITE PLAN & DESIGN REVIEW (DA) NO. 01-2014 ON NOVEMBER 11, 2015) TO BE LOCATED ON AN APPROXIMATE 6.25-ACRE VACANT SITE AT 16203-16233 ARROW HIGHWAY IN THE M-1 (LIGHT MANUFACTURING) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS.
(i)
Samuel & Son, Inc., c/o Panattoni Development (Applicant), has made a request for a Conditional Use Permit (CUP) pursuant to Section 17.80 of the Irwindale Municipal Code (IMC) to allow for the operation of a metal manufacturing and distribution business per IMC Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building on property located at 16203-16233 Arrow Highway.
(ii)
The Subject Property is zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application."
(iii)
The building in which the use is proposed was approved on November 11, 2015 through Site Plan and Design Review (DA) No. 01-2014 with a total area of 133,800 square feet.
(iv)
On May 17, 2017, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, opened the public hearing, received public testimony, and closed the public hearing. After considering all facts, the Planning Commission deliberated and found that the project as proposed would be detrimental to the public welfare and requested that staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly Planning Commission meeting of June 21, 2017 for adoption.
(v)
On June 21, 2017, the Planning Commission reviewed a resolution of denial as requested on May 17, 2017 and approved Resolution No. 728(17) denying Conditional Use Permit No. 12-2016.
(vi)
On June 30, 2017, the Applicant submitted an appeal of the decision of the Planning Commission to the City Clerk's office.
City Council Resolution No. 2017-43-2941 Page 1of16
ATTACHMENT "A"
(vii)
On July 12, 2017, the City Council conducted a duly noticed public hearing, as required by law, on the Application, at which time they reviewed documentary evidence, received input from staff, the City Attorney, and the Applicant; heard public testimony; discussed the Application; closed the public hearing; and after discussion, approved this Resolution.
(viii)
All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Irwindale as follows: 1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, site plans and Conditions of Approval attached hereto as Exhibit "A," this City Council hereby specifically finds as follows: a. That the site for the proposed use is adequate in size and shape. As evidenced by the City Council's approval of "Site Plan and Design Review (Discretionary Action) No. 01-2014" [SP&DR (DA) No. 01-2014] on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan. All development standards, including parking, setbacks, lot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape. b. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The City Council Resolution No. 2017-43-2941 Page 2of16
proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND. c. That the proposed use will not have an adverse effect upon adjacent property.
..
Existing zoning within the City often places residentially-zoned property adjacent to residentially-zoned property allowing different densities or non-residentially-zoned property exhibiting different operational characteristics. Whenever two dissimilar uses are so located, the exogenous effects of either use can result in an adverse effect on the other. The interests of the adjacent residential and church properties located along Morada Street are neither adversely effected through the construction of a modern industrial building nor through the operation of an appropriately conditioned manufacturing-related use. Because the proposed project, as revised, does not result in the creation of conditions whereby adjacency between dissimilar uses is created, it is the Department's interpretation that the inquiry presented in Section 17 .80.040(C) relates to the potential presence of a "significant adverse effect" and not merely. any unquantifiable "adverse effect." Based on the proposed mitigation measures adopted with the 2015 Mitigation Monitoring and Report Program (MMRP) and the conditions of approval proposed for CUP 12-2016, the proposed use is not anticipated to have a significant adverse effect upon adjacent property. 3. The City, as the Lead Agency, determined that the project, as proposed, required an Addendum to the adopted MND for the approved speculative building due to proposed conditional use. An Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been made a part of this record. The Addendum concluded that in granting a CUP, the City is not required to make a finding that there exists "exceptional or extraordinary circumstances or conditions applicable to the property." No such "circumstances or conditions" are identified or asserted herein. The City does, however, acknowledge the close proximity of sensitive receptors (including those single-family residences located along the west side of Morada Street; Our Lady of Guadalupe Mission Church Historic Building located at the northwesterly corner of Arrow Highway and Morada Street; and multi-family housing located near the southwestern corner of Arrow Highway and Ayon Avenue) to the project site and has considered those sensitive receptors in its decision-making process. Similarly, in granting a CUP, the City is not required to make a finding that those actions are "necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated." No assertions are made herein that any such disproportionate rights exist with regards to the subject property. 4. Based upon the evidence and conclusions set forth herein above, the Irwindale City Council hereby approves the Application subject to the conditions set forth in Exhibit "A" attached hereto and by this reference incorporated herein, which conditions City Council Resolution No. 2017-43-2941 Page 3of16
are deemed necessary to protect the public health, safety and general welfare and are reasonable and proper in accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code. This resolution shall be effective upon adoption. 5.
The Deputy City Clerk shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED this 12th day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura M. Nieto, CMC Deputy City Clerk
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE
} } ss. }
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-43-2941 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of July 2017, by the following vote: AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN: Councilmembers: Laura M. Nieto, CMC Deputy City Clerk
City Council Resolution No. 2017-43-2941 Page 4 of 16
EXHIBIT "A" CITY COUNCIL RESOLUTION NO. 2017-43-2941 Conditional Use Permit No. 12-2016 Mark Payne, Panattoni Development Company on behalf of Samuel, Son & Co., Inc. 16203-16233 Arrow Highway FINAL CONDITIONS OF APPROVAL A. GENERAL CONDITIONS
1. The activities authorized by this Conditional Use Permit (CUP) are for the operation of a metal manufacturing and warehousing business pursuant to IMC Section 17.52.080(16) "Metals, manufacture of metal", which shall commence within one (1) year from the date of approval. Thereafter, if the activities have been abandoned for one (1) year, the Conditional Use Permit approval shall expire and become null and void, unless a written request for extension is received by the Development Services Director at least thirty (30) days prior to such expiration or abandonment. The granting body, upon good cause shown by the Applicant, may extend this time limitation for a period not to exceed twelve (12) months. 2. If the use for which such approval was granted has ceased to exist, or has been suspended for a period of six (6) consecutive months or more, the Conditional Use Permit shall be subject to revocation proceedings. 3. The Applicant shall agree and consent, in writing, to each and every condition of permit approval set forth herein within twenty (20) days from the adoption of this Resolution by the Planning Commission approving the Conditional Use Permit. 4. The signed Final Conditions of Approval shall be photocopied and included as a sheet in the plans. 5. All conditions of Site Plan and Design Review (DA) (SP&DR) No. 01-2014 approved for the speculative construction shall apply. If a condition of this CUP is determined to be inconsistent with the SP&DR (DA), the stricter condition shall apply. 6. Plans for any proposed site improvements shall be submitted to the Los Angeles County Fire Department and City Building Department for review and approval prior to the issuance of Building Permits. 7. All graffiti shall be adequately and completely removed or painted over within 48 hours of notification to property owner of such graffiti being affixed on any structure or fence at the site.
City Council Resolution No. 2017-43-2941 Page 5 of 16
8. Pursuant to City of Irwindale, IMC Section 17.80. 140, this Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions or other codes, regulations of standards enforced by or beneficial to the City of Irwindale. 9. The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, and approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 12-2016. The City will promptly notify the permittee of any such claim, action or proceeding against the City and will cooperate fully in the defense. 10. City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes with a 48-hour notification to property owner to ensure complete accessibility. 11. The facility and use thereof shall be maintained in full compliance with all codes, standards, policies and regulations imposed by the City, County, State or Federal agencies with jurisdiction over the facility. 12.Any and all fees required to be paid to any public agency shall be paid prior to obtaining any permit for this project. 13. All appropriate practices shall be adopted to control dust, odor and vermin. 14. Upon receipt of a complaint related to any condition of approval imposed by this Conditional Use Permit, the City shall substantiate the complaint and notify the Applicant of the alleged violation, and the Applicant shall commence to cure within ten (10) days afterthe receipt of the notice. 15. The Subject Site shall be maintained free and clear of any accumulations of trash, debris, waste, and combustible and/or flammable materials, other than the related materials specifically authorized under this Conditional Use Permit. 16. The use and improvements authorized by this Conditional Use Permit shall conform to the plans as finally approved by the City as conditioned herein, and any appreciable modification as determined by the Development Services Director shall require the prior approval of the Planning Commission. B. DEVELOPMENT SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DIVISION
1.
This CUP is subject to approval of permits from the South Coast Air Quality Management District (SCAQMD) for the operation of metal-cutting equipment.
City Council Resolution No. 2017-43-2941 Page 6of16
Failure to obtain said permits before the expiration of this CUP shall prevent the Applicant/Operator from installing and using the equipment that is subject to the SCAQMD permit. 2.
The project shall substantially conform to submitted plans date-stamped May 11, 2017, except as modified herein. Future modifications that are not in substantial conformance, as determined by the Development Services Director, shall require modification of this approval subject to the provisions of the IMC Section 17.80.160 "Modification."
3.
The business hours of operation shall be limited to Monday through Friday from 5:45 A.M. to 10:30 P.M., while the business equipment shall be limited from 6:00 A.M. to 10:00 P.M., with the exception of occasional overtime work until 12 midnight on weekdays and Saturday overtime work. from 7:00 A.M. to 3:00 P.M., all while keeping within the City's Noise Ordinance at all times.
4.
All openings along the east side of the building shall be alarmed and maintained as emergency access only to prevent employees and customers parking on the east side from using said access points to enter and/or exit the building.
5.
Employees and customers shall not be allowed to congregate on the east parking lot. Every effort shall be made to keep noise to a minimum so as to not disturb the adjacent residents to the east. Signs shall be placed on the building to this effect.
6.
A toll-free Community Hotline shall be established and provided to the adjacent residents and the City for any concerns that may arise from the business.
7.
A minimum of ninety-seven (97) parking stalls shall be provided per the stampapproved plans. All parking must be unobstructed and maintained free of storage and debris. Parking must also be maintained with visible striping at all times.
8.
The driveway and parking on the east side of the building shall be restricted to employee/customer passenger cars and emergency vehicles.
9.
A trash enclosure shall be constructed per the Commercial and Industrial Design Guidelines as shown on the site plan.
10.
A decorative block or stamped-concrete panel wall shall constructed and maintained along the east and northeast angled property lines to buffer noise and views. A decorative tubular-steel or other decorative fence to the satisfaction of the Development Services Director shall be installed along the west and northwest property lines. A separate wall and fencing plan shall be submitted during building plan check for review and approval by the Development Services Director. Chain link fencing is prohibited.
City Council Resolution No. 2017-43-2941 Page 7of16
11.
Signage shall be approved under a separate permit and subject to an approved sign program, if applicable.
12.
Clear and lighted address identification compatible with the building design shall be provided on the front of the building to the satisfaction of the Development Services Director, Police Chief, and Fire Chief.
13.
A final inspection conducted by the Development Services Department shall be required.
14.
Separate Landscape and Irrigation Plan shall be submitted during building plan check for review and approval by the Community Development Director.
15.
Applicant shall adhere to all mitigation measures as identified in the Mitigation Monitoring and Reporting Program (MMRP) per the adopted Mitigated Negative Declaration (MND) and further clarified in the Addendum to the MND attached hereto as reference in addition to the required conditions below: A. CUP 12-2016 shall be limited to the following eligible business activities and operations performed thereunder exclusive to the Executive Office of the President - United States Office of Management and Budget's 2017 North American Industry Classification System's"NAICS 42351 O (Metal Service Centers and Other Metal Merchant Wholesalers)" and the· United States Department of Labor - Occupational Safety and Health Administration's "Standard Industrial Classification's "SIC 5051 (Metals Service Centers and Offices)" by specifying "NAICS 42351 O (Metal Service Centers and Other Metal Merchant Wholesalers)" and "SIC 5051 (Metals Service Centers and Offices)" as the conditionally-permitted land use's "primary business activity" and by incorporate the following NAICS and SIC descriptions therein:
North American Industry Classification System (NAICS} 423510 Metal Service Centers and Other Metal Merchant Wholesalers: "This industry comprises establishments primarily engaged in the merchant wholesale distribution of products of the primary metals industries. Service centers maintain inventory and may perform functions, such as sawing, shearing, bending, leveling, cleaning, or edging, on a custom basis as part of sales transactions." Standard Industrial Classification (SIC} 5051 Metals Service Centers and Offices: "Establishments primarily engaged in marketing semi-finished metal products, except precious metals. Establishments in this industry may operate with warehouses (metals service centers) or without warehouses (metals sales offices)."
B. Prior to the construction, installation, and/or operation of any equipment regulated by the South Coast Air Quality Management District (SCAQMD) on City Council Resolution No. 2017-43-2941 Page 8 of 16
the project site, where applicable, the Applicant shall demonstrate, to the satisfaction of the Development Services Director (Director), the Applicant's receipt of any requisite permits and/or approvals as may be required from the SCAQMD under the provisions of SCAQMD "Rule 1401: New Source Review of Toxic Air Contaminants" (June 1, 1990, as revised) and SCAQMD "Rule 1402: Control of Toxic Air Contaminants from Existing Sources"(April 8, 1994, as revised). In addition: (i)
(ii)
(iii)
Any and all permit conditions established thereunder shall become sitespecific conditions of approval relating to the construction, installation, alteration, and/or operation of such regulated equipment and control systems (permit units) and shall be binding on the facility operator. As applicable, "best available control technology" associated with any permit unit, including all associated performance standards relating thereto, shall be operated and maintained in compliance with: (1) applicable manufacturer's specifications; (2) the provisions of SCAQMD "Rule1401: New Source Review of Toxic Air Contaminants" and SCAQMD "Rule 1402: Control of Toxic Air Contaminants from Existing Sources," as applicable; and (3) Division 26 (Air Resources) of the California Health and Safety Code, as applicable hereto. All required notices and disclosures mandated under: (1) the provisions of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Section 25249.5 et seq., California Health and Safety Code) (Proposition 65) for those chemicals listed in Section 25249.8(a) therein; and (2) such additional notices and disclosures as may be specified by the SCAQMD pursuant to any permits or approvals issued by the SCAQMD with regards to the subject property. All such notices and disclosures shall be prepared and timely disseminated in accordance with the applicable rules and regulations relating thereto. True copies of all such notices shall be concurrently delivered to the Director in a manner documenting the Director's receipt thereof.
C. Should any equipment regulated by the SCAQMD be constructed, installed, altered, and/or operated at the project site, that equipment shall: (i) (ii)
(iii)
Not be operated unless vented only to emissions control equipment, which has been issued an operating permit by the SCAQMD. Discharge dust and other particulates collected therefrom only into closed containers. Those containers shall not be handled in a manner that could result in the unregulated release of collected materials into the atmosphere. Be properly maintained and kept in good operating condition at all times.
D. The following operational noise abatement measures have been volunteered by the Applicant and are included herein as conditions of project approval: City Council Resolution No. 2017-43-2941 Page 9 of 16
(i)
(ii)
(iii)
All emergency exit-only exterior doors along the north, east, and southern building fac;:ades shall: (1) be well weather-stripped, solid-core assemblies at least two inches thick with a sound transmission class (STC) rating of at least 50; (2) have signs posted stating that they shall remain closed during operating hours except during an emergency; (3) not be propped open for air circulation or other purposes; (4) include rubber sweep seals for gaps below doors of greater than one-quarterinch; (5) include rubber gaskets/seals within each door frame. Any exterior windows at the along the eastern building fac;:ade shall have a minimum STC rating of 50 and be well-sealed, well-weather-stripped assemblies. Any roof-access hatches and smoke vents shall remain closed during the facility's operation and shall not be propped open for air circulation or other purposes except during an emergency.
E. Additional conditions intended to supplement those noise abatement measures identified by the Applicant shall include:
(i)
(ii)
(iii)
All exterior (person) doors located along the building's western fac;:ade and connecting the building with the parking area and driveway located along the eastside of the property shall include self-closing apparatus and, except as required to accommodate the ingress and egress of employees and others, shall remain closed at all times. No shipping operations shall be authorized by means of ingress and egress through those exterior access doors located along the building's eastern fac;:ade. Visible exterior signage shall be posted at both the north and south ends of the eastern driveway informing drivers, employees, and other parties utilizing that driveway that the area located to the east of the building is intended to function as a "Quiet Zone."
F. All loading dock doors and any entry gates that may be subsequently installed along the project's driveways shall remain closed and no truck arrivals and/or departures and no truck or other maintenance activities (e.g., street sweeping) shall be performed outside the building's interior areas other than during those specified hours of operation.
G. Machinery and equipment shall be so located, installed, operated, and maintained so that any objectionable noise, vibration, dust, and/or odors as may be associated therewith remains confined to the subject property or reduced to the extent that no annoyance or injury to persons residing in the project's general vicinity shall occur. H. Excluding transport vehicles, the outdoor operation of equipment and the outdoor storage or display of materials associated with on-site manufacturing
City Council Resolution No. 2017-43-2941 Page 10of16
activities and merchandise intended for sale shall be prohibited unless approved separately in compliance with the City's outdoor storage provisions. I.
South Coast Air Quality Management District - Permit to Construct/Permit to Operate. To the extent applicable, prior to the issuance of a certificate of occupancy by the City, the Applicant shall demonstrate, to the satisfaction of the Director, compliance with all applicable provisions of relevant SCAQMD rules and regulations, including, but not necessarily limited to:
(i) (ii) (iii) (iv) (v) (vi)
Rule 201: Permit to Construct (January 9, 1976, as revised). Rule 202: Temporary Permit to Operate (January 9, 1976, as revised). Rule 203: Permit to Operate (January 9, 1976, as revised). Rule 204: Permit Conditions (January 9, 1976, as revised). Rule 206: Posting of Permit to Operate (February 6, 1976, as revised) Rule 212: Standards for Approving Permits and Issuing Public Notice (January 9, 1976, as revised).
PUBLIC WORKS/ENGINEERING DIVISION STREETS
1.
The applicant shall bear the entire cost of design, engineering, installation and inspection to resurface the existing street frontage to centerline for Arrow Highway.
2.
Subject to need as identified by Foothill Transit, the applicant shall install two bus shelters at/or near Morada Street at Arrow Highway for both E/B and W/B directions. The exact location of the bus shelters shall be subject to the approval of the City Engineer and Foothill Transit.
3.
Adequate "on-site" parking shall be provided per City requirements.
4.
The owner/developer shall reimburse the City for the actual cost for the installation, replacement or modification of traffic control signs, striping and pavement markings required in conjunction with the development.
5.
All off grade and/or broken sidewalk shall be removed and replaced.
6.
All broken curb and gutter shall be removed and replaced.
7.
Planting of new trees on the frontage of subject property shall be per the direction of the City Engineer.
CITY UTILITIES
8.
Storm drains, catch basins, connector pipes, retention basin and appurtenances built for this project shall be constructed in accordance with the Los Angeles
City Council Resolution No. 2017-43-2941 Page 11 of 16
County standards and specifications on Arrow Highway. Storm drain plans shall be submitted to the City Engineer for review and approval. 9.
Developer shall pay the entire cost for design, engineering, construction and inspection of the relocation of the County-owned Arrowdale Drainage System traversing the site.
10.
Fire hydrants shall be installed as required by the Fire Department. Existing public fire hydrants adjacent to the site, if any, shall be upgraded and/or relocated if required by the City Engineer and/or Fire Department.
11.
Sanitary sewers shall be constructed in accordance with City specifications to serve the subject development. The plans for the sanitary sewers shall be approved by the City Engineer. A sewer study shall be submitted along with the sanitary sewer plans.
12.
A landscape irrigation system shall be installed within the public right-of-way along the Arrow Highway frontage subject to the City Engineer's approval. Separate meter(s) shall be installed to accommodate connection of irrigation system.
13.
The owner/developer shall obtain a Storm Drain Connection Permit for any connection to the storm drain system.
TRAFFIC
14.
All point of access to the proposed development shall be reviewed and approved by the City Engineer. A traffic signal shall be installed at the westerly driveway on Arrow Highway, the owner and/or developer shall pay to the City the full cost of design, engineering, installation and inspection of the improvements. The City will design and cause construction of the improvements.
15.
The left-turn lane for the eastbound approach of the new traffic signal (to be installed at the westerly driveway) shall be a minimum of 150 feet. The median island on Arrow Highway shall be modified and extended accordingly, and will be subject to approval by the City Engineer.
16.
The easterly driveway on Arrow Highway shall be designed for right-in and rightout only. No left turning vehicles to and from Arrow Highway will be allowed, thus the median island shall be modified appropriately.
17.
Arrow Highway/Irwindale Avenue: Mitigation shall consist of adding a westbound dedicated right turn lane, as approved by the City Engineer. The resulting westbound approach would consist of one left-turn lane, two through lanes, and one dedicated right lane. The Applicant's fair-share obligation for those improvements shall represent three (3) percent of the cost for implementation, as
City Council Resolution No. 2017-43-2941 Page 12 of 16
determined by the City Engineer, which shall be paid to the City prior to the issuance of building permits. 18.
No truck traffic shall be allowed on the east side of the facility, sign age to that effect shall be posted on the project site, and site operators shall enforce that restriction.
FEES
19.
The owner/developer shall comply with all requirements of the County Sanitation District, make application for and pay the sewer maintenance fee.
MISCELLANEOUS
20.
A grading plan shall be submitted for drainage approval to the City Engineer. The owner shall pay drainage review fees in conjunction with this submittal. A professional civil engineer registered in the State of California shall prepare the grading plan.
21.
The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from their website at: www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml. The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.
22.
The owner, upon 72-hour notice, shall provide any neighbor, along the easterly property line, access to the site for purposes of maintaining that neighbor's adjoining property.
23.
Any changes to the site plan shall be reviewed and approved by the City Engineer.
BUILDING AND SAFETY DIVISION
City Council Resolution No. 2017-43-2941 Page 13 of 16
24.
Building permits shall be obtained from the Building and Safety Division and all construction shall be in compliance with the current Irwindale Building Code and all applicable regulations.
25.
A Lot Line Adjustment application for the consolidation of the three parcels into one shall be prepared and submitted to the Public Works Department for review and approval. The applicant shall be responsible for all fees associated with the review and processing.
26.
An Easement Agreement for all easements (e.g., reciprocal access; surface drainage; utilities, etc.) shall be prepared for each parcel, and shall be executed and recorded in the Office of the Los Angeles County Recorder. Such Agreement and any CC&Rs shall be subject to the approval of the City Attorney.
27.
Building plans for non-residential construction shall contain the following items in order to be submitted for plan check: • Site Plan: Lot size, locations and dimensions of property lines, adjacent streets, setbacks from property lines, locations of other structures, easements, north arrow, scale, contours/drainage pattern • General Notes: Applicable codes, occupancy classification, type of construction, allowable area analysis, and occupant load analysis, plumbing fixture analysis, description of work, lot area, existing/proposed building area, material specifications. • Floor Plans: Walls, partitions, doors and window locations and schedule, existing and intended room uses. Floor plan must identify all existing and new construction for all affected floors. • Roof Plan: Roof drainage pattern, roofing material and slopes, locations of hips/valleys/ridges, eave overhang dimensions, attic vent locations, rooftop equipment locations. • Disabled Access Requirements: Complete path of travel, parking spaces/loading areas, restroom facilities, ramps, curbs, counters, etc. All details must be cross-referenced on the plan. • Exiting: Occupant load analysis, exit locations and door schedule, required number of exits, required exit separation, travel distance, common path of egress, required fire rated separations, etc. • Exterior Elevations: Wall covering material, plate and building heights, window/door locations, roofing material and slopes, attic vent locations, finish grade lines, veneers. • Cross Sections: Full height and width, indicating framing, foundation, and insulation in at least two orthogonal directions.
City Council Resolution No. 2017-43-2941 Page 14 of 16
• Foundation Plan: Locations of all new footings, anchor bolt and hold-down schedules, complete foundation details. • Framing Plan: Size, spacing, and span of all floor and ceiling joists, roof rafters, valleys and hips, beams and headers. All lateral force resisting elements, including shear wall locations and schedule, and diaphragm construction specifications. • Structural Analysis: Calculations shall be provided to substantiate the structural plans where new structural elements are proposed or existing structural elements are altered. The structural calculations shall address both vertical and lateral forces, and shall be wet stamped and signed by a licensed engineer or architect registered in the state of California. • Schedules: Doors and windows, exterior/interior finish, shear walls. • Details: Complete framing and foundation details for all new structural elements, complete accessible path of travel details, required fire rated assembly details. • Manufactured Trusses: Truss profiles, layout plan, and calculations from the truss manufacturer. Details all truss connections to interior/exterior walls. • Green Building: Requirements, details, and notations shall be included .in the plans. • Very High Fire Hazard Severity Zone: All applicable details and notations per Chapter 7A. • Other: All plans & calculations shall comply with the City of Irwindale 2017 Building Code (2017 County of Los Angeles Building Code). Complete Soils Report with complete grading/drainage/subdivision package. Complete mechanical, electrical and plumbing (MEP) submission package. C. FIRE DEPARTMENT 1. Projects associated with a land development permit such as a Tract or Parcel Map, Conditional Use Permit, Zone Change or other such permits, shall submit plans to the Land Development Unit (LOU) for review and approval prior to submitting to Fire Prevention Engineering for building plan review. To contact LOU please call (323) 8904243 or submit to our office located at 5823 Rickenbacker Road, Commerce, CA 90040. 2. Submit two sets of architectural plans to the Fire Prevention Engineering Office located at 231 W. Mountain Avenue, Glendora CA 91741. Plan sets shall contain a minimum of a site plan, floor plan(s), elevations, door and window schedules, wall details, and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc.
City Council Resolution No. 2017-43-2941 Page 15of16
3. Indicate on plans the project address, assessor's parcel number, type of construction, occupancy classification, area of each floor level and building area increase modifications in accordance with the Building Code. 4. Provide a minimum unobstructed width of 26 feet clear to the sky, Fire Department vehicular access to within 150 feet of all portions of exterior walls. Dead-end access roadways greater than 150 feet in length, shall be provided with an approved fire apparatus turnaround. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than 3 stories, or more than 30 feet in height. The access roadway shall be located a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. A 32-foot centerline turning radius is required at each change of direction in vehicle travel regardless of the required width. Fire Code 503.1.1 & 503.2.2. 5. On the site plan, show the location of all existing public fire hydrants within 300 feet (commercial building) of all property lines and 300 feet via vehicular access to building structure (residential building) and call out the hydrant size and dimensions to property lines. Additionally, show all existing on-site fire hydrants. 6. The required fire flow for public fire hydrants at this location is 8000 gallons per minute at 20 psi for duration of 4 hours (Type 111-B Construction) over and above daily domestic demand in accordance with Fire Code Appendix B. Table B105.1. A 50% reduction in required fire flow may be applied for the installation of automatic fire sprinklers. The minimum reduced fire flow shall not be less than 2000 gallons per minute at 20psi per 903.3.1.1. 7. Complete and return the original "Fire Flow Availability" Form No 196. 8. Indicate on the site plan the location of high voltage transmission lines near the property. Structures proposed to be constructed adjacent to high voltage transmission lines, within 100 feet of the drip line, shall be subject to additional review by the Fire Marshal with regard to Fire Department operational procedures. Based on the Fire Marshal review additional building construction requirements may be imposed on the project in accordance with Regulation #27. 9. Indicate existing or proposed photovoltaic systems on the building rooftop or within the Fire Department access route. 10. Additional Requirements, including the installation of additional fire hydrants, may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. Fire Department requirements are based on the information provided on the plans submitted for review.
City Council Resolution No. 2017-43-2941 Page 16of16
ATTACHMENT "D" ., ,, .... "
. CITY OF IRWINDALE HOUSING AUTHORITY · CONTRACT SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES (EIS) FOR PREPARATION OF AN ADDENDUM TO AN ADOPTED MITIGATED NEGATIVE DECLARATION FORAN ENTITLED INDUSTRIAL DEVELOPMENT PROJECT LOCATED AT 16203-16233 ARROW HIGHWAY, IRWINDALE CA THIS CONTRACT SERVICES AGREEMENT(herein "Agreement") is made and entered into this 2?111 day of March, 2017, by and between the CITY OF IRWINDALE HOUSING AUTHORITY, a· public body corporate and politic, (herein "City'') and ENVIRONMENTAL IMPACT SCIENCES (herein "Contractor''). NOW, THEREFORE, the parties hereto agree as follows:
1.0
SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions . of this Agreement, the Contractor shall perform the work or services set forth in the attached proposal, dated December 19, 2016, attached hereto as Attachment "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the attached proposal, dated December 19, 2016, will be performed in a competent, professional and satisfactory manner. 1.2
Compliance with Law. All work and services rendered hereunder shall
be provided in accordance· with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3
Licenses. Permits, Fees and Assessments. Contractor 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.
2.0
COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be c:Ompensated in accordance with the attached proposal, dated December 19, 2016, attached hereto as Attachment "A" and incorporated herein by this reference, but notexceeding FOURTEEN THOUSAND NINE HUNDRED FIFTY DOLLARS ($14,950.00). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid monthly for costs incurred in accordance with invoices submitted to the City, as further set forth at Attachment "fl:.'.
Page 1 of7
3.0
COORDINATION OF WORK
3.1 Representative of Contractor. Peter Lewandowski is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. · 3.2 Contract Officer. John Davidson, Executive Director, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection thereWith ("Contract Officer''). The Executive Director of City Housing Authority shall have the right to designate another Contract Officer by providing written notice to Contr:;ictor. 3.3 Prohibition against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder .without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all service$ required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0
INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $500,000.00 or {ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggregate. (b) Worker's Compensation Insurance. . A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services Page 2 of 7
contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional Insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said poliCies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of .insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person~ for which the Contr!'lctor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Gulde, The Key Rating Gulde or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and· will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performan9e of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.
Page 3 of 7
5.0
TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until the maximum contract amount is expended, but not to exceed six (6) months. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0
MISCELLANEOUS -...
6.1 Covenant against Discrimination. Contractor 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, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Contractor orto its successor, or for breach of any obligation of the terms of this Agreement. !).3 Conflict of Interest. 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 effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. 6.4 Notice. Any notice, demand, requ_est, 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, 5050 N. Irwindale Avenue, hwindale, California 91706, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement.
Page 4 of 7
6.5 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 aga_inst either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are 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. T~is Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6. 7 Severabilitv. In the event that part of 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 portions 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. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaultlng party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 6.9 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, whether or not tti_e matter proceeds to judgment. · 6.10 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
Page 5 of 7
CITY: Irwindale, a public body corporate and politic
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John Davidson, Executive Director/City Manager
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Nieto l'\5sr.;1ant Secretary/Deputy City Clerk APPROVED AS TO FORM: ALESHIR &~LP
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Fred Galante Legal Counsel/City Attorney
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CONTRACTOR:
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ATTACHMENT "A" .·
SCOPE OF SERVICES AND BUDGET Letter Proposal Dated December 19, 2016
Page 7 of7
Environnwrrtal 1~5c~ 26051 Via Concha Mlei;lon Viejo, California 92691.5614
949.837.1195
949.637.3935 Fax
December 19, 2016 Gus Romo, Director City of Irwindale Community Development Department 5050 North Irwindale Irwindale, California 91706 Subject: Arrow Highway Business Park 16203-16223 Arrow Highway, Irwindale Dear Gus: Environmental Impact Sciences (EIS) recently prepared and processed a "Mitigated Negative Declaration -Arrow Highway Business Park: 16203-16223 Arrow Highway, Irwindale, California" (MND) and "Mitigation Monitoring and Reporting Program" (MMRP) for the then proposed "Arrow Highway Business Park" (AHBP) project located at 16203-16223Arrow Highway, Irwindale. That project, including its accompanying environmental documentation, was approved by the Irwindale City Council on November 11, 2015. In recognition of the "speculative" nature of the proposed project, the MND was written in a fashion which provided the City of Irwindale (City) and the Panattoni Development Company (Company) with reasonable flexibility as to the site's ultimate end user(s). In that context, the MND did not limit authorized users to only those permitted by right but also allowed for the siting of those uses subject to the issuance of a conditional use permit (CUP) under the provisions of the 'City of Irwindale Municipal Code" (Municipal Code). The City has now received an application from the Company and Samuel, Son & Company (Applicant) to operate a business involved in the."manufacture of metals." Under Subsection 16 (Metals, Manufacture of Metals) in Chapter 17.52.080 (Uses Requiring a Conditional Use Penni!) in Tille 16 of the Municipal Code, a City-issued CUP is required for that use. in response to that application, this letter, in combination with separate correspondence submitted to the Community Development Department (Department) on December 6, 2016, constitutes a proposed scope of services under the California Environmental Quality Act (CEQA) to augment the City Coundiapproved MNDfor the purpose of providing CEQA-based authorization for that use. Because only limited information about the proposed project was provided to EIS prior to the preparation of this proposal, EIS has been required to make certain assumptions as to the: (1) precise nature of the proposed land use; (2) the potential environmental impacts that might be associated . therewith; . and (3) the need. for and nature of any accompanying CEQA documentation. Should any of those assumptions prove incorrect, a revised scope of services and an alternative CEQA compliance strategy may be required. Introduction Based on the proposed equipment required for the operation of that use, including the installation of a "plasma arc-cutting equipment" used to cut stainless steel (typically vented to a baghouse for metal particulates), under rules promulgated by the South Coast Air Quality Management District
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page2 (SCAQMD), the proposed use appears to require a SCAQMD-issued "permit to construct and/or operate." A SCAQMD-issued "permit to construct and/or operate" is required in order to operate, build, erect, install, alter, or replace any equipment, the use of which may cause the issuance of air contaminants or the use of which may eliminate, reduce, or control the release Of air contaminants. Subject to the precise nature of the proposed facility's operations, air contaminants might include nickel and hexavalent chromium emissions. Pursuant to Section 112(g) of the federal Clean Air Act (CAA), where applicable, no person shal begin construction or reconstruction of a major stationary source emitting hazardous air pollutants listed in Section 112 (b) of the CAA, unless the source is constructed with Best Available Control Technology for Toxics (T-BACT) and complies with all other applicable requirements. SCAQMD rules governing the issuance of a "permit to construct and/or operate" include, but may not be limited to, Rule 1401 (New Source Review of Toxic Air Contaminants), Subsections (d)-(f); Rule 1402 (Health Risk Assessment), Subsection (b)(2); and Rule 219 (Equipment Not Requiring a Written Permit Pursuant to Regulation II). Subsection (e)(9). Rule 1402 specifies limits for maximum individual cancer risk (MICR), cancer burden, and non-cancer acute and chronic hazard index (HI). from new permit units, relocations, or modifications to existing permit units emitting toxic air contaminants (TACs). For the purpose of determining MICR and chronic HI, Rule 1402 outlines specific emission calculation requirements and, where applicable, requires the preparation of a health risk assessment. Wrth the exception of diesel particulates, the MND neither identified nor included an analysis of the potential release of TACs from the project site or any potential use operating thereupon. In addition, the MND did not Identify the SCAQMD as a potential "responsible agency" (e.g., an agency, other that the City, from whom a permit may be required). Because the SCAQMD was neither expressly identified nor included in any outreach efforts associated with the City's decision to prepare a MND, the SCAQMD was not provided the opportunity to submit comments nor presented with the information and analysis supporting the issuance of a "permit to construct and/or operate." Similar1y, the affected public was not informed that the City would consider the issuance of a CUP to a use that had the potential to emit TACs in close proximity to sensitive receptors. As a result, EIS believes that, at a minimum, an augmented air quality analysis and, if applicable, a health risk assessment needs to be conducted and considered prior to the City's approval of any discretionary permits relative to the proposed use. Additionally, since the SCAQMD is required to rely upon the City's environmental analysis as the CEQA basis for its own independent actions, formal consultation with the SCAQMD is required.
Because the proposed project remains subject to a City-issued CUP, it is EIS' interpretation of Section 15162(c) of the State CEQA Guidelines (GuideHnes) that the proposed project has not yet been approved. To the extent that the City elects to retain its role as the CEQA "lead agency," rather than convey that authority to the SCAQMD, EIS believes that the project's environmental review record requires further augmentation. California Environmental Quality Act Pursuant to Section 15162 of the Guidelines, once a negative declaration has been adopted, no subsequent CEQA documentation is required unless the lead agency determines that: (1) substantial changes are proposed In the project that would require major revisions of the
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page3 previously prepared CEQA analysis due to the introduction of new significant environmental effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken; (3) new information of substantial importance becomes available showing that the project (a) will have one or more significant effects not previous discussed, (b) previously described effects will be substantially more severe than previously described, (c) mitigation measures or alternatives previously found to be infeasible would, in fact, be feasible and would substantially lessen one or more of the project's significant environmental Impacts, and/or (d) mitigation measures or alternatives which are considerably different from those previously analyzed would substantially lessen one or more of the project's significant environmental impacts.
As specified under Section 15162(b) of the Guidelines: "If changes to a project or Its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation." As further specified under Section 15162(c) therein: "Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted." Pursuant to Section 15164(b) of the Guidelines: "An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred." An "addendum need not be circulated for public review" but can be included in or attached to an adopted negative declaration (Section 15164[c], Guidelines). If supported based on the technical analysis, the use or an 'addendum" has the potential to expedite the entitlement process and thus reduce both the project's public and private costs. Absent further discussions with the Applicant and the findings of further technical analysis, it Is not yet possible to definitively conclude the efficacy of any proposed T-BACTs or the potential health risks of the proposed project on near-site receptors. Absent that information, it would appear premature to predetermine the need to prepare a "subsequent negative declaration" or to initiate the preparation of an EIR. Similarty, since it would involve the incurrence of substantial additional costs, such predetermination would appear a disservice to the Applicant. EIS, therefore, recommends that the City: (1) undertake a more incremental decision-making process; and (2) involve both the SCAQMD and other stakeholders in that decision-making process. In submitting an independent noise study, the Appficant has already advanced the proposed project in a substantive manner. Although that document has not yet been reviewed in any detail by EIS, it initially appears to meet appropriate professional standards and, therefore, may serve, in whole or in part, as a factual basis for deriving preliminary conclusions concerning the proposed project's potential noise impacts. For purposes of both cost reduction and expediency, EIS believes that a similar approach (involving the Applicant's preparation and submittal of technical
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page4 studies for the City's consideration) could be utilized with regards to the assessment of air quality impacts and any corresponding potential health risks. Required Applicant-Submitted Information
Since Samuel, Son & Company (SS&C) is relocating from another site within the SCAQMD's jurisdiction, EIS Is confident that SS&C possesses direct first-hand knowledge regarding SCAQMD permit requirements. Similarly, SS&C can best articulate the nature of the equipment that will be installed and operated at the Arrow Highway site. EIS further believes that substantial time and money can be saved by SS&C separately contracting for any technical studies required by the SCAQMD as part of their independert deliberations concerning their own permit obligations. For the purpose of this proposal, to the extent required by the SCAQMD (as a prerequisite to the issuance of a "permit to construct andfor operate"), the Applicant shall dellverto EIS an air quality analysis and accompanying health risk assessment conforming to the requirements of SCAQMD Rules 1401 (New Source Review of Toxic Air Contaminants) and 1402 (Health Risk Assessment). Limitations
In effect, the existing MND has created for both the City and the Applicant a "box'' into which any use not exceeding the assumptions outlined therein could fit. Wrth the possible exceptions of noise and air quality (including its corresponding potential health risks), all other issues examined in the adopted MND appear to have adequately addressed the potential environmental effects associated with the proposed project. other than the inclusion of a brief statement attesting to the Departmenfs project-related consideration of each of the topical issues examined therein, no further analysis of any addltional environmental variables will initially appear to be required in support of the proposed "addendum." Any further detailed analysis beyond that assumed herein would consfrtute "out-of-scope' work and would be invoiced on a time-and-materials and cost-plus basis in accordance with the terms and provisions of EIS' Standard Rate Schedule. Recommended Scope of Services
The following scope of services is now recommended by EIS based on the information known a the time of this proposal's preparation and based on the assumptions presented herein. Should information be developed through the completion of the specific activities that would suggest either a greater or lesser intensity of environmental review than now contemplated, EIS will notify the Department of those findings and provide formal recommendations concerning the need fOr any corresponding alterations to this work program. •
Task 1.0: Project Description. For those projects that are subject to CEQA, the first step in any CEQA process is to clearly define the precise nature of the 'project" which is to be the subject of the environmental analysis, including its associated entitlements and those regulatory requirements associated therewith
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page5 O Subtask 1.1: Draft Project Description. In consultation with the Department and the Applicant, EIS will prepare a "Draft Project Description" (DPD). Based on the information presented in the DPD, El S will provide the Department with its recommendations concerning the further processing of the, proposed project pursuant to CEQA requirements. For the purpose of this proposal, it is assumed that Applicant will provide the Department with a detailed description of SS&C's proposed operations, including, but not necessarily limited to, an overview of the nature of SS&C's Irwindale operations, including the materials to be imported to and exported from the site; number and nature of any regulated equipment that will be installed and operated on the project site (including the manufacturer's specified performance standards relating thereto); the T-BACTs and other air pollution control equipment associated therewith (Including the manufacturer's specified performance standards relating thereto); the facility's hours of operation and number of daily work shifts; the number of employees and other personnel that are reasonably expected to be on the site during each work shift; the number of daily truck trips and the distribution r:i those trucks throughout the project's daily hours of operation; the nature and quantity of any hazardous materials and hazardous wastes that will be stored, consumed, or generated; the expected type and quantity of TACs to be emitted as a result ofthe facility's routine and non-routine operations; and such additional information as may be reasonably expected by the SCAQMD as part of that agency's consideration regarding the issuance of a "permit to construct and/or operate." O Subtask 1.2: Project Description. Upon receipt of any comments following the Department's and the Applicant's review of the DPD, EIS will revise that document to incorporate those changes, corrections, or revisions and submit a "Revised DPD" for the Department's consideration. Upon acceptance, the "Revised DPD" shall constitute the 'Project Description" (PD) to be examined under CEQA. Any subsequent revisions to the PD shall constitute out-of-scope activities and will be billed on a time-and-materials and cost-plus basis in accordance with the rates and terms specified in EIS' Standard Rate Schedule. •
Task 2.0: Third-Party Peer Review. As authorized under Section 15084(c) of the Guidelines, "[a]ny person, including the applicant, may submit information or comments to the lead agency." However, "[b]efore using a draft prepared by another person, the lead agency shall subject the draft to the agency's own review and analysis." Under this task, prior to their incorporation into any resulting CEQA documentation, EIS will conduct an independent review of those Applicant-submitted studies provided for the City's consideration. Should EIS identify the need for any revisions relating thereto, subject to the Department's concurrence, those revisions shall be undertaken by the Appiicanfs technical consultants and shall be resubmitted to the Department for further third-party review. O Subtask 2.1: Noise Study. EIS shall perform an independent peer-review of the Applicant's "Arrow Highway Business Park Noise Assessment Letter" (Urban Crossroads, December 6, 2016). 0 Subtask 2.2: Air Quality Analysis and Health Risk Assessment EIS shall perform an independent peer-review of an Applicant-submitted air quality anal\ISiS and health risk
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page6 assessment prepared in accordance with SCAQMD's analytical requirements. EIS' review shall be conducted forthe purpose of ascertaining whether sufficient information regarding the proposed project's air quality and heaHh-risk impacts is sufficient to allow Informed decisionmaking by the Irwindale City Council. This peer-review is not expressly intended to ascertain the adequacy of those analyses from SCAQMD's perspective. •
Task 3.0: Addendum. The City is authorized to prepare an "addendum" to an adopted negative declaration if some changes or additions are necessary but none of the conditions calling for preparation of a subsequent negative declaration or the commencement of an El R have occurred. O Subtask 3.1: Draft Addendum. In consultation with the Department, EIS will prepare a "Draft Addendum" (DA). Based on the information presented in the DA, EIS will provide the Department with its recommendations concerning the further processing of the proposed project pursuant to CEQA requirements. O Subtask 3.2: Addendum. Upon receipt of any comments following the Department's review of the DA, E:IS will revise that document to inoorporate those changes, corrections, or revisions and submit a "Revised DA" for the Departmenfs consideration. Upon acceptance, the "Revised DA," in conjunction with the MND, shall constitute "addendum" and shall serve as the CEQA basis for any subsequent discretionary actions by the City with regards to the proposed project. Any additional revisions to the "addendum" shall constitute out-of-scope activities and will be billed on a time-and-materials and oost-plus basis in accordance with the rates and terms specified in EIS' Standard Rate Schedule.
•
Task 4.0: Dissemination and Response to Comments. The City's decision-making body is required to consider the "addendum" with the adopted MND before taking further discretionary actions relating to the proposed project. Written responses to any comments received thereon are not required under CEQA. The City, however, has the discretion to disseminate the "addendum• and MND in whatever manner it may elect, including distribution to responsible agencies. Because a "permit to construct and/or operate" is required from the SCAQMD, at a minimum, the City should provide a copy of those documents to the SCAQMD and provide the SCAQMD a minimum 21-day time period with which to submit comments thereupon. O Subtask 4.1: Document Dissemination. In cooperation with the Department, EIS will undertake and document the Departmenfs limited dissemination of the "addendum" and the MND to the SCAQMD and to those pubfiC agencies that received notice as part of the original MND. O Subtask4.2: Response to Comments. Following receipt of any and all written comments thereupon, El S will provide the Department with its recommendations concerning whether a detailed written response would be appropriate based on the precise nature of those comments. Since the need for, nature, and extent of comments cannot be known at this time, should written responses be deemed appropriate by the Department, EIS will provide the Department with a revised oost proposal for their preparation and, subject to approval of a subsequent change order, proceed with the preparation of those written responses.
Gus Romo, Director Arrow Highway Business Park December 19, 2016 Page7 •
Task 5.0: Project Management. Presented herein are both the management tasks and direct costs presently envisioned by EIS in order to complete this work effort. Should attendance at additional meetings be requested beyond the stated number, those meetjng and that attendance will be invoiced in accordance with rates and terms specified in EIS' standard rate schedule. O Subtask 5.1: Meeting Attendance. Three meetings have been budgeting wtth City staff and others including: (1) one kick-off meeting involving both Department staff and the Applicant; (2) one Planning Commission meetings; and (3) one City Council meetings.
O Subtask 5.2: Other Direct Costs. This task encompasses all direct costs that may be incurred by EIS in the performance of this work assignment including, but not limited to, mileage, postage and deliveries, and other related costs. Not-to-Exceed Cost Proposal Presented below is an itemized cost estimate for those tasks and subtasks outlined herein. All efforts undertaken in fulfillment of this work program will be invoiced on a time-and-materials and cost-plus basis in accordance with the rates and terms specified in EIS' Standard Rate Schedule. • • • • •
Task 1.0: Project Description O Subtask 1.1: Draft Project Description ............................................................. $ 2,225.00 O Subtask 1.2: Project Description .......................................................................... 1,150.00 Task 2.0: Third-Party Peer Review o Subtask 2.1: Applicant-Submitted Noise Study ....................................................... 750.00 o Subtask 2.2: Applicant-Submitted Air Quality/Health Risk Assessment ............... 2,950.00 Task 3.0: Addendum o Subtask3.1: Draf!Addendum .............................................................................. 2,250.00 0 Subtask 3.2: Addendum ...................................................................................... 1, 150.00 Task 4.0: Dissemination and Response to Comments O Subtask 3.1: Document Dissemination ................................................................... 675.00 O Subtask 3.2: Response to Comments ................................................................... Not Bid Task 5.0: Project Management O Subtask 5.1: Meeting Attendance ........................................................................ 3,350.00 O Subtask 5.2: other Direct Costs .............................................................................450.00 Total ........ :................................. $ 14,950.00
If you have any questions with regards to this proposal, please contact me at (949) 837-1195. Sincerely,
n
,
flitif{Ac ~tud; Peter LewandoV1Ski Principal
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ATTACHMENT "E"
CITY OF IRWINDALE PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION
Agenda Item No. 3-G Date:
May17,2017
To:
Honorable Chair and Members of the Planning Commission
From:
Gustavo Romo, Community Development Director
Project Planner:
Same as above
Project:
Conditional Use Permit (CUP) No. 12-2016 to allow for the operation of a metal manufacturing and distribution business per Irwindale Municipal Code (IMC) Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building
Applicant:
Samuel & Son, Inc. Clo Mark Payne/Panattoni Development Company, Inc. 20411 Southwest Birch Street, Suite 200 Newport Beach, CA 92660
Property Owner:
City of Irwindale Housing Authority
Project Location:
16203-16233 Arrow Highway (APNs: 8619-010-905, 907 & 909); Northside of Arrow Highway between Irwindale and Vincent Avenues in the M-1 (Light Manufacturing) Zone
Staff Recommendation: That the Planning Commission take the following action:
1.
Adopt Resolution No. 728(17) approving CUP No. 12-2016 subject to the attached Conditions of Approval.
Alternative Actions: 2.
3.
Request that staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly Planning Commission meeting for adoption; OR Request that the applicant revise the project and continue the hearing to a date certain.
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SUBJECT SITE
Google Earth 2015
BACKGROUND On November 11, 2015, the City Council approved Site Plan & Design Review (SP&DR) No. 01-2014 to allow the development of a 133,800 square-foot, single-tenant, light manufacturing/distribution/warehouse building and associated site improvements at the subject property. The approval included a condition that a Zone Change application would be submitted to re-zone one ofthe three parcels that make up the site from M-2 (Heavy Manufacturing) to M-1 (Light Manufacturing) to match the M-1 zoning of the other two parcels and, thus, preventing heavier M-2 industrial uses from occupying the site. On January 13, 2016, the City Council adopted Ordinance No. 699 on second reading, thus approving Zone Change No. 01-2015 to zone the entire property M-1 (Light Manufacturing).
PROPOSAL The Applicant, Samuel & Son, care of Panattoni Development Company, has submitted a request for a Conditional Use Permit to operate a steel manufacturing and distribution business as the sole tenant within the proposed building. The use is conditionally permitted within the M-1 zone per IMC Section 17.52.080(16) "Metals, manufacture of metal".
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Founded in 1855, Samuel & Son is a family-owned and operated business with over 4,800 employees and 100 facilities located in the US, Canada, Mexico, China, and Australia. Samuel manufactures carbon steel (flat rolled and plate), stainless steel, aluminum, steel bar and ERW (Electric Resistance Welded) tubing, tool steel, copper and brass, and pre-painted metals. The proposed Irwindale operation does NOT include a foundry 1 . Casting of steel is not a part of the operation but, rather, cutting and processing of steel plates and bars, which are then placed on pallets and distributed to clients. Although the proposed tenant is Samuel & Son, it should be noted that the proposed CUP is not tied to the tenant but, rather, to the land and the proposed "Metals, manufacture of metal" land use. CONDITIONAL USE PERMIT ANALYSIS
Subject Property and Surrounding Land Uses/Zoning/General Plan Designation The subject site consists of three parcels totaling approximately 6.25 acres, which were conditioned by SP&DR No. 01-2014 to obtain a lot line adjustment prior to building permit issuance to consolidate the three parcels into one lot. The site is currently occupied by a vacant, dilapidated, and fire-damaged stone dwelling unit and vacant industrial, service commercial, and office uses previously used by an automotive repair shop. The site is designated by the General Plan as "Industrial/Business Park". The approved general industrial development is consistent with this designation. Based on the nature of the approved development project, the general industrial use is consistent with the General Plan and Zoning Code. · Surrounding zoning and development are as follows: North: South: East: West: Site:
M-2 (Heavy Manufacturing) Industrial, warehouse, and office uses C-3 (Commercial-Residential) & M-2 (Heavy Manufacturing) Service, retail sales and warehouse R-1 (Single-Family Residential) SinQle-familv residential (Morada Street) M-2 (Heavy Manufacturing) Industrial, warehouse, and office uses (Irwindale Commerce Center\ M-1 (Light Manufacturing) Vacant land w/dilapidated fire-damaged residential stone structure and abandoned automotive repair building
1 Per Merriam-Webster Dictionary, a foundry is defined as a building or factory where metals are produced, which can include melting and casting of steel.
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Development Standards Compliance
The changes to the site plan for the proposed use have been determined to be in substantial conformance with the approved site plan under SP&DR 01-2014. The overall building area has been reduced from 133,800 SF to 129,800 SF, surplus parking spaces have been removed to account for the minimum amount of parking spaces required (i.e., 97), and the number of dock doors have been reduced from 34 to 27. No changes to the layout or design of the building are proposed. Further, no variances from development standards are being requested. Building Setbacks Front Rear Side Side (Adjacent to residential) Lot Coveraqe Floor-to-Area Ratio (FAR) Landscaoinq % Parkinq Building Height
Proposed 20'-0" 42'-7" 84'-0" 63'-6" 47.3% 0.47:1 10.5% 97 35'-8" (Up to 37-6"' for corner tower elements) 3
Code Standard 2 20'-0" O' O' 20'-0" N/A 1 :1 (100%) Max. 10% 97 35'-8" Max. 4
The single-building project approved by the City Council on November 11, 2015 will encompass the demolition and removal of all existing improvements and the construction and operation of the new single building with associated parking lot, landscaping, and perimeter wall/gate improvements as well as re-location of an existing storm drain that traverses the middle of the site in a north-south direction. ENVIRONMENTAL DETERMINATION
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has prepared an Addendum to the Mitigated Negative Declaration that was adopted for the Arrow Highway Business Park in 2015. This 2017 Addendum has been prepared under the provisions of the California Environmental Quality Act (CEQA) and the State of California's (State) "Guidelines for the Implementation of the California Environmental Quality Act" (State CEQA Guidelines) and in response to the City of lrwindale's (City or Lead Agency) receipt of an application for the subject Conditional Use Permit request.
2
Minimum standard identified unless otherwise stated. Per IMC 17.68.010, Height of penthouses and roof structures, " ... fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed by this title." 4 Per Approved Variance No. 02-2015 3
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Pursuant to Section 15164(b) of the State CEQA Guidelines: "An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred."5 An "addendum need not be circulated for public review" but can be included in or attached to an adopted negative declaration (Section 15164[c], State CEQA Guidelines). It is the Community Development Department's conclusion that the proposed project, as revised, does not trigger the need to commencement preparation of an EIR or to prepare a subsequent MND and that only minor technical changes and additions to the 2015 MND are necessary to augment the existing environmental review record to reflect the proposed actions. As evidenced by these findings, the Department presents this 2017 Addendum for consideration by the Planning Commission and, if appealed, by the City Council. Noise
The 2015 MND was based on the assumption that the resulting use would operate on 24-hour per day basis. Mitigation measures concurrently adopted by the City Council with the 2015 MND concluded that the project, as so mitigated, would not result in a "significant" impact upon those residents located along the west side of Morada Street (5217-5259 Morada Street, Irwindale), upon Our Lady of Guadalupe Mission Church Historic Building (16239 Arrow Highway, Irwindale), and upon the multi-family housing located near the southeast corner of Arrow Highway and Ayon Avenue (5164 Ayon Avenue, Irwindale). The City Council's findings that the proposed project, as mitigated, would not produce a "significant" noise-related impact was based on a set of operational assumptions exceeding those attributable to the presently proposed use (e.g., extended hours of operation and increased traffic volumes). The technical analysis presented in the 2015 MND concluded that the project would neither exceed the City's adopted noise standards nor violate the City's noise policies. An additional use-specific acoustical analysis was presented in the 2017 Addendum. The findings of that supplemental investigation confirmed the conclusions presented in the 2015 MND. Based on the facility's design, equipment utilization, and projected traffic volumes, a number of additional conditions of approval, intended to further reduce operational impacts on proximal sensitive receptors, were identified and are included herein as additional project conditions. The City acknowledges that the absence of a "significant" noise-related impact (representing a quantifiable threshold under CEQA) should not be construed as synonymous with the absence of any noise-related impact. The mitigation measures presented in the 2015 MND and the additional conditions of approval contained in the 5/ In Friends of the College of San Mateo Gardens v. San Mateo Community College District (2016), the California Supreme Court reaffirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration
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2017 Addendum, however, ensure that operational noise impacts will be reduced to the maximum extent feasible. Air Quality
The 2015 MND concluded that "significant" air quality impacts would either not occur or could be effectively mitigated to a less-than-significant level. Should any equipment regulated by the South Coast Air Quality Management District (SCAQMD) be constructed, installed, altered, and/or operated on the project site, existing State and federal regulations are already in place which will ensure that the use of any such equipment not result in any "significant" air quality impacts. To further ensure that potential air quality impacts are reduced to the maximum extent feasible, a number of additional conditions of approval relating thereto are presented in the 2017 Addendum and have been included herein as project conditions. Further, all of Samuel's filtration systems for its machinery for the new building will be vented inside the building, not outside. CUP FINDINGS
Pursuant to Section 17.80.040, Conditional Use Permits - Burden of Proof, of the Irwindale Zoning Ordinance, the Applicant must show, to the satisfaction of the Planning Commission or the City Council (if appealed), the existence of the following findings of fact. Staff has determined that the findings can be made based on the analysis within this report:
A.
That the site for the proposed use is adequate in size and shape.
As evidenced by the approval of City Council's approval of "Site Plan and Design Review (Discretionary Action) No. 01-2014" [SP&DR (DA) No. 01-2014] on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan will occur (which was initially speculative). All development standards, including parking, setbacks, lot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape. B.
That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use.
A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan (which was initially speculative). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient Conditional Use Permit (CUP) No. 12-2016 Page 6 of 7
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access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND. C.
That the proposed use will not have an adverse effect upon adjacent property.
Existing zoning within the City often places residentially-zoned property adjacent to residentially-zoned property allowing different densities or non-residentially-zoned property exhibiting different operational characteristics. Whenever two dissimilar uses are so located, the exogenous effects of either use can result in an adverse effect on the other. The interests of the adjacent residential and church properties located along Morada Street are neither adversely effected through the construction of a modern industrial building nor through the operation of an appropriately conditioned manufacturing-related use. Because the proposed project, as revised, does not result in the creation of conditions whereby adjacency between dissimilar uses is created, it is the Department's interpretation that the inquiry presented in Section 17.80.040(C) relates to the potential presence of a "significant adverse effect" and not merely any unquantifiable "adverse effect." Based on the proposed mitigation measures adopted with the 2015 Mitigation Monitoring and Report Program (MMRP) and the conditions of approval proposed for CUP 12-2016, the proposed use is not anticipated to have a significant adverse effect upon adjacent property. CONCLUSION
City Staff acknowledges the close proximity of sensitive receptors to the project site (i.e., single-family residences located along the west side of Morada Street and Our Lady of Guadalupe Mission Church located at the northwesterly corner of Arrow Highway and Morada Street) and has considered those sensitive receptors in its conclusion. Based upon the project analysis, the findings of fact, and the applicant acceptance of the conditions of approval and mitigation measures, it is Staff's opinion that the proposed Conditional Use Permit request merits approval subject to complying with said conditions of approval and mitigation measures. ATTACHMENTS
ABCD-
PC Resolution No. 728(17) Proposed Site Plan and Floor Plan Approved SP&DR No. 01-2014 Plans Addendum to Adopted Mitigated Negative Declaration
Conditional Use Permit (CUP) No. 12-2016 Page 7 of 7
May 17, 2017 Planning Commission Meeting
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RESOLUTION NO. 728(17)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRWINDALE APPROVING CONDITIONAL USE PERMIT NO. 12-2016 FOR THE OPERATION OF A METAL MANUFACTURING BUSINESS (SAMUEL & SON, INC.) WITHIN A PROPOSED 128,900 SQUARE-FOOT SPECULATIVE INDUSTIAL BUILDING (APPROVED THROUGH SITE PLAN & DESIGN REVIEW (DA) NO. 01-2014 ON NOVEMBER 11, 2015) TO BE LOCATED ON AN APPROXIMATE 6.25-ACRE VACANT SITE AT 16203-16233 ARROW HIGHWAY, IRWINDALE, CA 91706 (APNs: 8619010-907, 8619-012-905 & 8619-012-909) IN THE M-1 (LIGHT MANUFACTURING) ZONE, SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF
A. RECITALS. (i)
Samuel & Son, Inc., c/o Panattoni Development (Applicant), has made a request for a Conditional Use Permit (CUP) pursuant to Section 17 .80 of the Irwindale Municipal Code (IMC) to allow for the operation of a metal manufacturing and distribution business per IMC Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building on property located at 16203-16233 Arrow Highway.
(ii)
The Subject Property is zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application."
(iii)
The building in which the use is proposed was approved on November 11, 2015 through Site Plan and Design Review (DA) No. 01-2014 with a total area of 133,800 square feet.
(iv)
On May 17, 2017, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application and conditionally approved the Application at that same meeting subject to the approval of a Resolution, which would detail the specific Conditions under which the Application was approved.
(v)
All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Irwindale as follows:
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1. The Planning Commission hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, site plans and Conditions of Approval attached hereto as Exhibit "A," this Planning Commission hereby specifically finds as follows: a. That the site for the proposed use is adequate in size and shape. As evidenced by the approval of City Council's approval of "Site Plan and Design Review (Discretionary Action) No. 01-2014" [SP&DR (DA) No. 01-2014] on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan will occur (which was initially speculative). All development standards, including parking, setbacks, lot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape. b. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed CUP will not change the approved site plan and building layout; rather, the revised' project only involves an interior reconfiguration of the floor plan (which was initially speculative). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND. c. That the proposed use will not have an adverse effect upon adjacent property. Existing zoning within the City often places residentially-zoned property adjacent to residentially-zoned property allowing different densities or non-residentially-zoned property exhibiting different operational characteristics. Whenever two dissimilar uses are so located, the exogenous effects of either use can result in an adverse effect on Planning Commission Resolution No. 728(17) Page 2of16
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the other. The interests of the adjacent residential and church properties located along Morada Street are neither adversely effected through the construction of a modern industrial building nor through the operation of an appropriately conditioned manufacturing-related use. Because the proposed project, as revised, does not result in the creation of conditions whereby adjacency between dissimilar uses is created, it is the Department's interpretation that the inquiry presented in Section 17.80.040(C) relates to the potential presence of a "significant adverse effect" and not merely any unquantifiable "adverse effect." Based on the proposed mitigation measures adopted with the 2015 Mitigation Monitoring and Report Program (MMRP) and the conditions of approval proposed for CUP 12-2016, the proposed use is not anticipated to have a significant adverse effect upon adjacent property. 3. The City, as the Lead Agency, determined that the project, as proposed, required an Addendum to the adopted MND for the approved speculative building due to proposed conditional use. An Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been made a part of this record. The Addendum concluded that in granting a CUP, the City is not required to make a finding that there exists "exceptional or extraordinary circumstances or conditions applicable to the property." No such "circumstances or conditions" are identified or asserted herein. The City does, however, acknowledge the close proximity of sensitive receptors (including those single-family residences located along the west side of Morada Street; Our Lady of Guadalupe Mission Church Historic Building located at the northwesterly corner of Arrow Highway and Morada Street; and multi-family housing located near the southwestern corner of Arrow Highway and Ayon Avenue) to the project site and has considered those sensitive receptors in its decision-making process. Similarly, in granting a CUP, the City is not required to make a finding that those actions are "necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated." No assertions are made herein that any such disproportionate rights exist with regards to the subject property. 4. Based upon the evidence and conclusions set forth herein above, this Planning Commission hereby approves the Application subject to the conditions set forth in Exhibit "A" attached hereto and by this reference incorporated herein, which conditions are deemed necessary to protect the public health, safety and general welfare and are reasonable and proper in accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code. 5.
The Secretary shall: a.
Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application. Planning Commission Resolution No. 728(17) Page 3 of 16
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ADOPTED AND APPROVED this 17th day of May 2017.
Chairman
ATTEST:
Secretary
I, Gus Romo, Community Development Director of the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Irwindale held on the 17th day of May 2017, by the following vote: AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Secretary
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EXHIBIT "A" PLANNING COMMISSION RESOLUTION NO. 728(17) Conditional Use Permit No. 12-2016 Samuel & Son, Inc. 16203-16233 Arrow Highway FINAL CONDITIONS OF APPROVAL A.
GENERAL CONDITIONS
1.
The activities authorized by this Conditional Use Permit are for the operation of a metal manufacturing and warehousing business pursuant to IMC Section 17.52.080(16) "Metals, manufacture of metal", which shall commence within one ( 1) year from the date of approval. Thereafter, if the activities have been abandoned for one ( 1) year, the Conditional Use Permit approval shall expire and become null and void, unless a written request for extension is received by the Community Development Director at least thirty (30) days prior to such expiration or abandonment. The granting body, upon good cause shown by the Applicant, may extend this time limitation for a period not to exceed twelve (12) months.
2.
If the use for which such approval was granted has ceased to exist, or has been suspended for a period of six (6) consecutive months or more, the Conditional Use Permit shall be subject to revocation proceedings.
3.
The Applicant shall agree and consent, in writing, to each and every condition of permit approval set forth herein within twenty (20) days from the adoption of this Resolution by the Planning Commission approving the Conditional Use Permit.
4.
The signed Final Conditions of Approval shall be photocopied and included as a sheet in the plans.
5.
All conditions of Site Plan and Design Review (DA) (SP&DR) No. 01-2014 approved for the speculative construction shall apply. If a condition of this CUP is determined to be inconsistent with the SP&DR (DA), the stricter condition shall apply.
6.
Plans for any proposed site improvements shall be submitted to the Los Angeles County Fire Department and City Building Department for review and approval prior to the issuance of Building Permits.
7.
All graffiti shall be adequately and completely removed or painted over within 48 hours of notification to property owner of such graffiti being affixed on any structure or fence at the site.
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8.
Pursuant to City of Irwindale, IMC Section 17.80.140, this Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions or other codes, regulations of standards enforced by or beneficial to the City of Irwindale.
9.
The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, and approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 12-2016. The City will promptly notify the permittee of any such claim, action or proceeding against the City and will cooperate fully in the defense.
10.
City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes with a 48-hour notification to property owner to ensure complete accessibility.
11.
The facility and use thereof shall be maintained in full compliance with all codes, standards, policies and regulations imposed by the City, County, State or Federal agencies with jurisdiction over the facility.
12.
Any and all fees required to be paid to any public agency shall be paid prior to obtaining any permit for this project.
13.
All appropriate practices shall be adopted to control dust, odor and vermin.
14.
Upon receipt of a complaint related to any condition of approval imposed by this Conditional Use Permit, the City shall substantiate the complaint and notify the Applicant of the alleged violation, and the Applicant shall commence to cure within ten (10) days after the receipt of the notice.
15.
The Subject Site shall be maintaioed free and clear of any accumulations of trash, debris, waste, and combustible and/or flammable materials, other than the related materials specifically authorized under this Conditional Use Permit.
16.
The use and improvements authorized by this Conditional Use Permit shall conform to the plans as finally approved by the City as conditioned herein, and any appreciable modification as determined by the Community Development Director shall require the prior approval of the Planning Commission.
B.
COMMUNITY DEVELOPMENT DEPARTMENT
1.
This CUP is subject to approval of permits from the South Coast Air Quality Management District (SCAQMD) for the operation of metal-cutting equipment. Failure to obtain said permits before the expiration of this CUP shall prevent the
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Applicant/Operator from installing and using the equipment that is subject to the SCAQMD permit. 2.
The project shall substantially conform to submitted plans date-stamped April 4, 2017, except as modified herein. Future modifications that are not in substantial conformance, as determined by the Community Development Director, shall require modification of this approval subject to the provisions of the IMC Section 17.80.160 "Modification."
3.
The business hours of operation shall be limited to Monday through Friday from 5:45 A.M. to 10:30 P.M., while the business equipment shall be limited from 6:00 A.M. to 10:00 P.M., with the exception of occasional overtime work until 12 midnight on weekdays and Saturday overtime work from 7:00 A.M. to 3:00 P.M., all while keeping within the City's Noise Ordinance at all times.
4.
All openings along the east side of the building shall be alarmed and maintained as emergency access only to prevent employees and customers parking on the east side from using said access points to enter and/or exit the building.
5.
Employees and customers shall not be allowed to congregate on the east parking lot. Every effort shall be made to keep noise to a minimum so as to not disturb the adjacent residents to the east. Signs shall be placed on the building to this effect.
6.
A toll-free Community Hotline shall be established and provided to the adjacent residents and the City for any concerns that may arise from the business.
7.
A minimum of ninety-seven (97) parking stalls shall be provided per the stampapproved plans. All parking must be unobstructed and maintained free of storage and debris. Parking must also be maintained with visible striping at all times.
8.
The driveway and parking on the east side of the building shall be restricted to employee/customer passenger cars and emergency vehicles.
9.
A trash enclosure shall be constructed per the Commercial and Industrial Design Guidelines as shown on the site plan.
10.
A decorative block or stamped-concrete panel wall shall constructed and maintained along the east and northeast angled property lines to buffer noise and views. A decorative tubular-steel or other decorative fence to the satisfaction of the Community Development Director shall be installed along the west and northwest property lines. A separate wall and fencing plan shall be submitted during building plan check for review and approval by the Community Development Director. Chain link fencing is prohibited.
11.
Signage shall be approved under a separate permit and subject to an approved sign program, if applicable.
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12.
Clear and lighted address identification compatible with the building design shall be provided on the front of the building to the satisfaction of the Community Development Director, Police Chief, and Fire Chief.
13.
A final inspection conducted by the Community Development Department shall be required.
14.
Separate Landscape and Irrigation Plan shall be submitted during building plan check for review and approval by the Community Development Director.
15.
Applicant shall adhere to all mitigation measures as identified in the Mitigation Monitoring and Reporting Program (MMRP) per the adopted Mitigated Negative Declaration (MND) and further clarified in the Addendum to the MND attached hereto as reference in addition to the required conditions below: A. CUP 12-2016 shall be limited to the following eligible business activities and operations performed thereunder exclusive to the Executive Office of the President - United States Office of Management and Budget's 2017 North American Industry Classification System's"NAICS 423510 (Metal Service Centers and Other Metal Merchant Wholesalers)" and the United States Department of Labor - Occupational Safety and Health Administration's "Standard Industrial Classification's "SIC 5051 (Metals Service Centers and Offices)" by specifying "NAICS42351 O (Metal Service Centers and Other Metal Merchant Wholesalers)" and "SIC 5051 (Metals Service Centers and Offices)" as the conditionally-permitted land use's "primary business activity" and by incorporate the following NAICS and SIC descriptions therein:
North American Industry Classification System (NAICS) 423510 Metal Service Centers and Other Metal Merchant Wholesalers: "This industry comprises establishments primarily engaged in the merchant wholesale distribution of products of the primary metals industries. Service centers maintain inventory and may perform functions, such as sawing, shearing, bending, leveling, cleaning, or edging, on a custom basis as part of sales transactions." Standard Industrial Classification (SIC) 5051 Metals Service Centers and Offices: "Establishments primarily engaged in marketing semi-finished metal products, except precious metals. Establishments in this industry may operate with warehouses (metals service centers) or without warehouses (metals sales offices)."
B. Prior to the construction, installation, and/or operation of any equipment regulated by the South Coast Air Quality Management District (SCAQMD) on the project site, where applicable, the Applicant shall demonstrate, to the satisfaction of the Community Development Director (Director), the Applicant's receipt of any requisite permits and/or approvals as may be required from the Planning Commission Resolution No. 728(17) Page 8of16
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SCAQMD under the provisions of SCAQMD "Rule 1401: New Source Review of Toxic Air Contaminants" (June 1, 1990, as revised} and SCAQMD "Rule 1402: Control of Toxic Air Contaminants from Existing Sources"(April 8, 1994, as revised). In addition: (i)
(ii)
(iii)
Any and all permit conditions established thereunder shall become sitespecific conditions of approval relating to the construction, installation, alteration, and/or operation of such regulated equipment and control systems (permit units) and shall be binding on the facility operator. As applicable, "best available control technology" associated with any permit unit, including all associated performance standards relating thereto, shall be operated and maintained in compliance with: (1) applicable manufacturer's specifications; (2) the provisions of SCAQMD "Rule1401: New Source Review of Toxic Air Contaminants" and SCAQMD "Rule 1402: Control of Toxic Air Contaminants from Existing Sources," as applicable; and (3) Division 26 (Air Resources) of the California Health and Safety Code, as applicable hereto. All required notices and disclosures mandated under: (1) the provisions of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Section 25249.5 et seq., California Health and Safety Code} (Proposition 65) for those chemicals listed in Section 25249.8(a) therein; and (2) such additional notices and disclosures as may be specified by the SCAQMD pursuant to any permits or approvals issued by the SCAQMD with regards to the subject property. All such notices and disclosures shall be prepared and timely disseminated in accordance with the applicable rules and regulations relating thereto. True copies of all such notices shall be concurrently delivered to the Director in a manner documenting the Director's receipt thereof.
C. Should any equipment regulated by the SCAQMD be constructed, installed, altered, and/or operated at the project site, that equipment shall: (i) (ii)
(iii)
Not be operated unless vented only to emissions control equipment, which has been issued an operating permit by the SCAQMD. Discharge dust and other particulates collected therefrom only into closed containers. Those containers shall not be handled in a manner that could result in the unregulated release of collected materials into the atmosphere. Be properly maintained and kept in good operating condition at all times.
D. The following operational noise abatement measures have been volunteered by the Applicant and are included herein as conditions of project approval: (i)
All emergency exit-only exterior doors along the north, east, and southern building fagades shall: (1) be well weather-stripped, solid-core
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(ii)
(iii)
assemblies at least two inches thick with a sound transmission class (STC) rating of at least 50; (2) have signs posted stating that they shall remain closed during operating hours except during an emergency; (3) not be propped open for air circulation or other purposes; (4) include rubber sweep seals for gaps below doors of greater than one-quarterinch; (5) include rubber gaskets/seals within each door frame. Any exterior windows at the along the eastern building fac;:ade shall have a minimum STC rating of 50 and be well-sealed, well-weather-stripped assemblies. Any roof-access hatches and smoke vents shall remain closed during the facility's operation and shall not be propped open for air circulation or other purposes except during an emergency.
E. Additional conditions intended to supplement those noise abatement measures identified by the Applicant shall include: (i)
(ii)
(iii)
All exterior (person) doors located along the building's western fac;:ade and connecting the building with the parking area and driveway located along the eastside of the property shall include self-closing apparatus and, except as required to accommodate the ingress and egress of employees and others, shall remain closed at all times. No shipping operations shall be authorized by means of ingress and egress through those exterior access doors located along the building's eastern fac;:ade. Visible exterior signage shall be posted at both the north and south ends of the eastern driveway informing drivers, employees, and other parties utilizing that driveway that the area located to the east of the building is intended to function as a "Quiet Zone."
F. All loading dock doors and any entry gates that may be subsequently installed along the project's driveways shall remain closed and no truck arrivals and/or departures and no truck or other maintenance activities (e.g., street sweeping) shall be performed outside the building's interior areas other than during those specified hours of operation. G. Machinery and equipment shall be so located, installed, operated, and maintained so that any objectionable noise, vibration, dust, and/or odors as may be associated therewith remains confined to the subject property or reduced to the extent that no annoyance or injury to persons residing in the project's general vicinity shall occur. H. Excluding transport vehicles, the outdoor operation of equipment and the outdoor storage or display of materials associated with on-site manufacturing activities and merchandise intended for sale shall be prohibited unless approved separately in compliance with the City's outdoor storage provisions.
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I.
South Coast Air Quality Management District - Permit to Construct/Permit to Operate. To the extent applicable, prior to the issuance of a certificate of occupancy by the City, the Applicant shall demonstrate, to the satisfaction of the Director, compliance with all applicable provisions of relevant SCAQMD rules and regulations, including, but not necessarily limited to: (i) (ii) (iii) (iv) (v) (vi)
C.
Rule 201: Permit to Construct (January 9, 1976, as revised). Rule 202: Temporary Permit to Operate (January 9, 1976, as revised). Rule 203: Permit to Operate (January 9, 1976, as revised). Rule 204: Permit Conditions (January 9, 1976, as revised). Rule 206: Posting of Permit to Operate (February 6, 1976, as revised) Rule 212: Standards for Approving Permits and Issuing Public Notice (January 9, 1976, as revised).
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
STREETS 1.
The applicant shall bear the entire cost of design, engineering, installation and inspection to resurface the existing street frontage to .centerline for Arrow Highway.
2.
Subject to need as identified by Foothill Transit, the applicant shall install two bus shelters at/or near Morada Street at Arrow Highway for both E/B and W /B directions. The exact location of the bus shelters shall be subject to the approval of the City Engineer and Foothill Transit.
3.
Adequate "on-site" parking shall be provided per City requirements.
4.
The owner/developer shall reimburse the City for the actual cost for the installation, replacement or modification of traffic control signs, striping and pavement markings required in conjunction with the development.
5.
All off grade and/or broken sidewalk shall be removed and replaced.
6.
All broken curb and gutter shall be removed and replaced.
7.
Planting of new trees on the frontage of subject property shall be per the direction of the City Engineer.
CITY UTILITIES 8.
Storm drains, catch basins, connector pipes, retention basin and appurtenances built for this project shall be constructed in accordance with the Los Angeles County standards and specifications on Arrow Highway. Storm drain plans shall be submitted to the City Engineer for review and approval.
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9.
Developer shall pay the entire cost for design, engineering, construction and inspection of the relocation of the County-owned Arrowdale Drainage System traversing the site.
10.
Fire hydrants shall be installed as required by the Fire Department. Existing public fire hydrants adjacent to the site, if any, shall be upgraded and/or relocated if required by the City Engineer and/or Fire Department.
11.
Sanitary sewers shall be constructed in accordance with City specifications to serve the subject development. The plans for the sanitary sewers shall be approved by the City Engineer. A sewer study shall be submitted along with the sanitary sewer plans.
12.
A landscape irrigation system shall be installed within the public right-of-way along the Arrow Highway frontage subject to the City Engineer's approval. Separate meter(s) shall be installed to accommodate connection of irrigation system.
13.
The owner/developer shall obtain a Storm Drain Connection Permit for any connection to the storm drain system.
TRAFFIC
14.
All point of access to the proposed development shall be reviewed and approved by the City Engineer. A traffic signal shall be installed at the westerly driveway on Arrow Highway, the owner and/or developer shall pay to the City the full cost of design, engineering, installation and inspection of the improvements. The City will design and cause construction of the improvements.
15.
The left-turn lane for the eastbound approach of the new traffic signal (to be installed at the westerly driveway) shall be a minimum of 150 feet. The median island on Arrow Highway shall be modified and extended accordingly, and will be subject to approval by the City Engineer.
16.
The easterly driveway on Arrow Highway shall be designed for right-in and rightout only. No left turning vehicles to and from Arrow Highway will be allowed, thus the median island shall be modified appropriately.
17.
Arrow Highway/Irwindale Avenue: Mitigation shall consist of adding a westbound dedicated right turn lane, as approved by the City Engineer. The resulting westbound approach would consist of one left-turn lane, two through lanes, and one dedicated right lane. The Applicant's fair-share obligation for those improvements shall represent three (3) percent of the cost for implementation, as determined by the City Engineer, which shall be paid to the City prior to the issuance of building permits.
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18.
No truck traffic shall be allowed on the east side of the facility, sign age to that effect shall be posted on the project site, and site operators shall enforce that restriction.
FEES
19.
The owner/developer shall comply with all requirements of the County Sanitation District, make application for and pay the sewer maintenance fee.
MISCELLANEOUS
20.
A grading plan shall be submitted for drainage approval to the City Engineer. The owner shall pay drainage review fees in conjunction with this submittal. A professional civil engineer registered in the State of California shall prepare the grading plan.
21.
The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from their website at: www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml. The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.
22.
The owner, upon 72-hour notice, shall provide any neighbor, along the easterly property line, access to the site for purposes of maintaining that neighbor's adjoining property.
23.
Any changes to the site plan shall be reviewed and approved by the City Engineer.
BUILDING AND SAFETY
24.
Building permits shall be obtained from the Building and Safety Division and all construction shall be in compliance with the current Irwindale Building Code and all applicable regulations.
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25.
A Lot Line Adjustment application for the consolidation of the three parcels into one shall be prepared and submitted to the Public Works Department for review and approval. The applicant shall be responsible for all fees associated with the review and processing.
26.
An Easement Agreement for all easements (e.g., reciprocal access; surface drainage; utilities, etc.) shall be prepared for each parcel, and shall be executed and recorded in the Office of the Los Angeles County Recorder. Such Agreement and any CC&Rs shall be subject to the approval of the City Attorney.
27.
Building plans for non-residential construction shall contain the following items in order to be submitted for plan check: • Site Plan: Lot size, locations and dimensions of property lines, adjacent streets, setbacks from property lines, locations of other structures, easements, north arrow, scale, contours/drainage pattern • General Notes: Applicable codes, occupancy classification, type of construction, allowable area analysis, and occupant load analysis, plumbing fixture analysis, description of work, lot area, existing/proposed building area, material specifications. • Floor Plans: Walls, partitions, doors and window locations and schedule, existing and intended room uses. Floor plan must identify all existing and new construction for all affected floors. • Roof Plan: Roof drainage pattern, roofing material and slopes, locations of hips/valleys/ridges, eave overhang dimensions, attic vent locations, rooftop equipment locations. • Disabled Access Requirements: Complete path of travel, parking spaces/loading areas, restroom facilities, ramps, curbs, counters, etc. All details must be cross referenced on the plan. • Exiting: Occupant load analysis, exit locations and door schedule, required number of exits, required exit separation, travel distance, common path of egress, required fire rated separations, etc. • Exterior Elevations: Wall covering material, plate and building heights, window/door locations, roofing material and slopes, attic vent locations, finish grade lines, veneers. • Cross Sections: Full height and width, indicating framing, foundation, and insulation in at least two orthogonal directions. •Foundation Plan: Locations of all new footings, anchor bolt and hold-down schedules, complete foundation details. • Framing Plan: Size, spacing, and span of all floor and ceiling joists, roof rafters, valleys and hips, beams and headers. All lateral force resisting
Planning Commission Resolution No. 728(17) Page 14of16
Page 100of101
elements, including shear wall locations and schedule, and diaphragm construction specifications. • Structural Analysis: Calculations shall be provided to substantiate the structural plans where new structural elements are proposed or existing structural elements are altered. The structural calculations shall address both vertical and lateral forces, and shall be wet stamped and signed by a licensed engineer or architect registered in the state of California. • Schedules: Doors and windows, exterior/interior finish, shear walls. • Details: Complete framing and foundation details for all new structural elements, complete accessible path of travel details, required fire rated assembly details. • Manufactured Trusses: Truss profiles, layout plan, and calculations from the truss manufacturer. Details all truss connections to interior/exterior walls. •Green Building: Requirements, details, and notations shall be included in the plans. • Very High Fire Hazard Severity Zone: All applicable details and notations per Chapter 7A. •Other: All plans & calculations shall comply with the City of Irwindale 2017 Building Code (2017 County of Los Angeles Building Code). Complete Soils Report with complete grading/drainage/subdivision package. Complete mechanical, electrical and plumbing (MEP) submission package.
D.
FIRE DEPARTMENT
1.
Projects associated with a land development permit such as a Tract or Parcel Map, Conditional Use Permit, Zone Change or other such permits, shall submit plans to the Land Development Unit (LOU) for review and approval prior to submitting to Fire Prevention Engineering for building plan review. To contact LOU please call (323) 8904243 or submit to our office located at 5823 Rickenbacker Road, Commerce, CA 90040.
2.
Submit two sets of architectural plans to the Fire Prevention Engineering Office located at 231 W. Mountain Avenue, Glendora CA 91741. Plan sets shall contain a minimum of a site plan, floor plan(s), elevations, door and window schedules, wall details, and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc.
3.
Indicate on plans the project address, assessor's parcel number, type of construction, occupancy classification, area of each floor level and building area increase modifications in accordance with the Building Code.
4.
Provide a minimum unobstructed width of 26 feet clear to the sky, Fire Department vehicular access to within 150 feet of all portions of exterior walls. Dead-end access
Planning Commission Resolution No. 728(17) Page 15 of 16
Page 101 of 101
roadways greater than 150 feet in length, shall be provided with an approved fire apparatus turnaround. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than 3 stories, or more than 30 feet in height. The access roadway shall be located a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. A 32 foot centerline turning radius is required at each change of direction in vehicle travel regardless of the required width. Fire Code 503.1.1 & 503.2.2. 5.
On the site plan, show the location of all existing public fire hydrants within 300 feet (commercial building) of all property lines and 300 feet via vehicular access to building structure (residential building) and call out the hydrant size and dimensions to property lines. Additionally, show all existing on-site fire hydrants.
6.
The required fire flow for public fire hydrants at this location is 8000 gallons per minute at 20 psi for duration of 4 hours (Type 111-B Construction) over and above daily domestic demand in accordance with Fire Code Appendix B. Table B105.1. A 50% reduction in required fire flow may be applied for the installation of automatic fire sprinklers. The minimum reduced fire flow shall not be less than 2000 gallons per minute at 20psi per 903.3.1.1.
7.
Complete and return the original "Fire Flow Availability" Form No 196.
8.
Indicate on the site plan the location of high voltage transmission lines near the property. Structures proposed to be constructed adjacent to high voltage transmission lines, within 100 feet of the drip line, shall be subject to additional review by the Fire Marshal with regard to Fire Department operational procedures. Based on the Fire Marshal review additional building construction requirements may be imposed on the project in accordance with Regulation #27.
9.
Indicate existing or proposed photovoltaic systems on the building rooftop or within the Fire Department access route.
10.
Additional Requirements, including the installation of additional fire hydrants, may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. Fire Department requirements are based on the information provided on the plans submitted for review.
Planning Commission Resolution No. 728(17) Page16of16
ATTACHMENT "F" May 17, 2017 Robert Diaz 2408 S. Mountain Ave. lrwidale, Ca. 9101 O
5050 N. Irwindale Ave. Irwindale, Ca 91706 Regarding: Proposed Conditional Use Permit (CUP) for 16203-16233 Arrow Highway, Irwindale Ca. Honorable Chairman, Planning Commssion Members:
I ask the Planning Commission to deny the CUP for the proposed use because it poses unacceptable health and safety risks to residents. It has unacceptable noise impacts which have not been properly addressed. It is an improper use of the land because the land is zoned M-1, Light Manufacturing, and the intended use properly fits in an M-2, Heavy Manufacturing zone away from residents. The proposed Samuel Steel facility has many unacceptabe health risks associated with its business. First among the health risks is the high frequency radiation associated with their plasma cutter. Those frequencies interfere with the proper operation of pacemakers and my aunt on Morada St. has a pacemaker. She may be the closest resident to the plasma cutter. Will you guarantee her that she will be safe? Also, will it be safe for passing motorists along Arrow Highway to drive by the facility if they have a pacemaker? The main problem with that site is that it is too close to residents for their own health and safety. Compare the Irwindale proposed site with other Samuel Steel processing sites: City
Distance to nearest resident
Zoning
Irwindale, Ca.
0 feet
Light Manufacturing (M-1 ), A portion was downzoned from Heavy Manufacturing (M-2).
Commerce, Ca.
1000 feet
Heavy Manufacturing (M-2)
Hayward, Ca.
One-quarter mile
General Industrial, Light Manufacturing is in a separate zone.
Portland, Oregon
2200 feet
Mixed use zone with both light and heavy manufacturing with airport landing and noise overlay zoning.
Denver, Colorado
One-half mile
Heavy Manufacturing
A comparison shows that the Irwindale site is zero feet away from residents. All other sites are between 1000 feet and one-half a mile away from residents. Why put Samuel Steel next to residents when other communities don't? Why put Samuel Steel in a light industrial zone when others don't? Irwindale is the only site with exclusively Light Manufactuing zoning. In fact, a portion of the land was downzoned from Heavy to Light manufacturing. That should say something. Samuel Steel doesn't belong there. Because residents are so close to the proposed site,the negative health impacts would first be felt by the closest residents along the Morada Street area and extend to residents along Allen Drive and the Senior Center Housing on Arrow Highway. An area within 1000 feet of the proposed site would include a portion of the Irwindale Park area. There are numerous health impacts which are listed on an attached separte page. But to illustrate the problem let me point out some examples of the health and safety risks. Samuel Steel plans to cut aluminum and steel. Aluminum dust from the cutting process is combustible or explosive. If allowed to vent out into the open air, the aluminum dust , if inhaled, can cause damage associated with Alzheimer's disease and a delay in motor response. By design and practice, the dust will vent to the outdoor air where it can go which ever way the wind takes it and negatively impact the health of Irwindale residents.The dust can remain in the air for days before it can settle to the ground. Samuel Steel representatives have said that they plan to have some open doors at the Irwindale site. In fact, the building design shows numerous freight doors they can open up. Also, the design of the building shows trucks can drive in and out of the building. Emergency doors on the east side of the building could be opened as employees exit the building. Note that a Samuel employee told me that employees may exit out the easterly doors to get to their vehicles. Also, their venting system is designed to vent outside. Osha regulatons require that the ventilation system be designed to vent outside to prevent secondary explosions. (Secondary explosions as a result from aluminum combustion or other metal combustion are generally more explosive and cause more damage than the first explosion.)Doing so may protect the workers but released contaminants would expose residents to its harmful contamination. Additionally,, Samuel has demonstrated the practice of using open air ventilation when welding or cutting at its Commerce facility. I observed an operator welding or cutting by open freight doors. Therefore, by design or practice, Samuel steel will vent to the outside air. While it may make it possible for Samuel Steel to meet regulatory requirements for the workplace, it does so at an increase in the danger to the health and safety of our residents. Finally, while Samuel Steel may say they have a great ventilation system, it may not be as efficient as nessary to contain contaminants. I understand that some filters rip easily, some fumes in the ventilation system leak out and some contaminants are so small that the smallest most dangerous contaminants may pass through the filters or are so small that detection is difficult or not possible to measure. While Samuel Steel may claim they meet all the required regulations by diffferent agencies, it is still an inadequate remedy for Irwindale residents. The Occupational Safety and Health Administration (OSHA) regulations are designed to protect the worker not the resident. Residents' exposure may go beyond the 8 hour day, 40 hour work week that Osha uses to calculate harmful! limits. Retired senior citizens, those who work at home, unemployed and children under 5 are at an increased risk of exposure to contaminants, more than OSHA's permitted limits. In addition, some of the Osha permitted limits are above the recommended health limits set by other National Agencies. For example:
i
'I I
Fed/ CA/ Substance OSHA PEL OSHA PEL NIOSH REL as measured mg/m3 ( milligrams per cubic meter of air) Aluminum Metal Total dust
15
10
10
Respirable Fraction
5
5
5
Manganese fume
5
0.2
Chromium VI
5
0.005
ACGIH 2017 TLV
1
1 0.0002
0.02 (resp) 0.05 water soluble 0.01 insoluble
The recommended respirable fraction limits for aluminum dust or manganese fume by the American Conference of Governmental and Industrial Hygenists(ACGIH) are below the recommended California OSHA or Federal OSHA standards. The National Institute of Occupational Safety and Health (NIOSH) recommended limits for Chromium VI are below the Federal and California OSHA limit . In addition, NIOSH has recommended that efforts be made to achieve lower limits than what they recommend for chromium VI. According to an Air Quality Management District spokesperson, If health problems occurr and Irwindale looks to the AQMD for help, they are unlikely to help unless a much larger area is involved. They have only one monitor in the area and they primarily look for visible dust and cancer. Fumes and dust from Samuel Steels' operation for the most part will be invisible to the naked eye and much of their contaminants cause problems with the brain and central nervous system and respiratory tract. The AQMD is not likely to be of much help unless cancer is involved with exposure over a broad area. Therefore, neither the AQMD nor OSHA is likely to protect Irwindale citizens. This is why the residents of Irwindale turn to you. Deny the CUP. Regarding noise impacts, the noise report is insuffficient. Firstly, it fails to address the noise impact from falling steel or noise from the hoist or crane operation. A Samuel steel employee told me that steel doesn't fall from the hoist but maybe once a year but when it does, "It's loud." If loud like the noise from Ameron Steel which was on Arrow Highway, it would definitely exceed allowable sound limits. Secondly, the report's measurement of noise levels is based on equipment models and material which Samuel Steel may not even use, such as the plasma cutter, the emergency rooftop vent and the skylight. Finally, reference numbers which are used for projections of noise levels were provided by Samuel Steel have not been independently verified. Attached is a list of overall concerns regarding Samuel Steel's proposal. In conclusion, Deny the CUP. there are better and safer alternatives.
Following is a list of health risks and a list of some of their impacts: Substance
Impact
Chromium VI
Cancer of lungs and nasal passages, perforated septum, kidney and brain damage.
Manganese
Parkinsons disease-like symptoms at 0.14 milligrams of mannganese per cubic meter of air, far below the safety standard set by OSHA at 5 milligrams per cubic meter. Source: Science Daily, December 26, 2016; findings published in Neurology. The research was conducted at Washington School of Medicine in St. Louis
Nickel
Listed as a carcinogen by IARC and the United States Department of Health and Human services Skin sensitivity
Zinc
Metal fume fever
Aluminum dust
metal fume fever and Alzheimer's IARC labels aluminum industry for carcinogenicity
Iron
metal fume fever
Silica
metal fume fever, lung damage
Tungsten
Stroke among workers under 50 greater tthan those over 50. it affects the heart.
Phosgene gas
deadly within 36 hours caused by certain degreasing cleansing agents coming in contact (as in vapor form) with certainplasma arc emissions
Total welding smoke
NiOSH recognizes health risks for total welding smoke IARC lists welding smoke for its cacinorgenicity. There is no etablished permissible limit for total welding smoke.
ozone
Greenhouse gas
sulfer dioxide
Greenhouse gas
carbon monozide
Greenhouse gas
Following is a list of explosive metals as dust . Most are ingredients in stainless steel. except aluminum and tungsten. Tungsten may be part of the electrode of the plasma cutter. Aluminum Chromium Copper Iron Lead molybdenum silicon tungsten zinc Notes on explosives: Mixed iron and dry aluminum is a combustible or explosive hazard. Aluminum will react with water to form hydrogen gas which is highly explosive in favorable conditions. Acetlyene gas is considered very explosive.
Concerns about some Samuel Practices: A Samuel Steel Representative has indicated that Samuel Steel may wish to use the Irwindale site as a training ground for trainees. It should not happen. doing so would increase the chance for human error and accidents. Regarding safety, Samuel Steel lost a judgement in Ontario, Canada, It was determined that Samuel Steel failed to provide proper training for an employee who died because of an industrial accident. How safe are their practices?
ATTACHMENT "G"
CITY OF IRWINDALE PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION
Agenda Item No. 3-D DATE:
June 21, 2017
TO:
Honorable Chair and Members of the Planning Commission
FROM:
Gustavo Romo, Community Development Director
PROJECT PLANNER:
Same as above
SUBJECT:
Resolution of Denial for Conditional Use Permit (CUP) No. 122016; a request to allow for the operation of a metal manufacturing and distribution business per Irwindale Municipal Code (IMC) Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building at 16203-16233 Arrow Highway (APNs: 8619-010-905, 907 & 909); Northside of Arrow Highway between Irwindale and Vincent Avenues in the M-1 (Light Manufacturing) Zone
SUMMARY: This item came before the Planning Commission on May 17, 2017. Following staff's presentation, the Planning Commission opened the hearing for public comment, closed the hearing, and deliberated on the merits of the project. Following deliberation, the Planning Commission voted 4 to 1 to deny the project and requested that staff bring back a resolution of denial at the next regularly scheduled meeting based on the inability of the Planning Commission to make the following finding of fact: "That the proposed use will not have an adverse effect upon adjacent property." Adverse effects from the proposed project, such as toxic fumes that could potentially be emitted into the air and chemical fires, may potentially impact the adjacent properties in the neighborhood (i.e., single-family homes, "Our Lady of Guadalupe Mission Church" historic building, and multi-family senior housing). Accordingly, based on the evidence, a finding cannot be made that the proposed use "will not" have an adverse effect upon adjacent property.
ATTACHMENT: PC Resolution No. 728(17) denying CUP No. 12-2016
Conditional Use Permit (CUP) No. 12-2016 Page 1 of 1
June 21, 2017 Planning Commission Meeting
RESOLUTION NO. 728(17) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRWINDALE DENYING CONDITIONAL USE PERMIT NO. 12-2016 FOR THE OPERATION OF A METAL FABRICATION,· DISTRIBUTION, AND/OR MANUFACTURING BUSINESS (SAMUEL & SON, INC.) WITHIN A PROPOSED 128,900 SQUARE-FOOT INDUSTRIAL BUILDING (APPROVED THROUGH SITE PLAN & DESIGN REVIEW (DA) NO. 01-2014 ON NOVEMBER 11, 2015) TO BE LOCATED ON AN APPROXIMATE 6.25-ACRE VACANT SITE AT 16203-16233 ARROW HIGHWAY, IRWINDALE, CA 91706 (APNs: 8619-010-907, 8619-012-905 & 8619-012·909) IN THE M·1 (LIGHT MANUFACTURING) ZONE A. RECITALS.
(i)
Samuel & Son, Inc., c/o Panattoni Development (Applicant), has made a request for a Conditional Use Permit (CUP) pursuant to Section 17.80 of the Irwindale Municipal Code (IMC) to allow for the operation of a metal manufacturing and distribution business per IMC Section 17.52.080(16) "Metals, manufacture of metal" within a proposed 128,900 SF industrial building on property located at 16203-16233 Arrow Highway.
(ii)
The Subject Property is zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application."
(iii)
The building in which the use is proposed was approved on November 11, 2015 through Site Plan and Design Review(DA) No. 01-2014 with a total area of 133,800 square feet. ·
(iv)
On May 17, 2017, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, opened the public hearing, received public testimony, and closed the public hearing. After considering all facts, the Planning Commission deliberated and found that the project as proposed would be detrimental to the public welfare and requested that staff prepare a resolution of denial based on recommended findings of fact to be brought back at the next regularly Planning Commission meeting of June 21, 2017 for adoption.
(v)
On June 21, 2017, the Planning Commission reviewed this resolution of denial as requested on May 17, 2017 and approved the resolution.
(vi)
All legal prerequisites to the adoption of this Resolution have occurred.
Planning Commission Resolution No.728(17) Page 1of3
B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Irwindale as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the public hearing conducted with regard to the Applieation, including written staff reports, verbal testimony, site plans and Conditiqns of Approval attached hereto as Exhibit "A," this Planning Commission hereby specifically finds as follows: a. That the site for the proposed use is adequate in size and shape. As evidenced by the City Council's approval of "Site Plan and Design Review (Discretionary Action) No. 01-2014" [SP&DR (DA) No. 01-2014) on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan. All development standards, including parking, setbacks, lot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape. b. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND. c. That the proposed use will not have an adverse effect upon adjacent property. Although the aforementioned findings a. and b. can be made, adverse effects from the proposed project, such as toxic fumes that could potentially be emitted into the air and Planning Commission Resolution No.728(17) Page2 of3
chemical fires, may potentially impact the adjacent properties in the neighborhood (i.e., single-family homes, "Our Lady of Guadalupe Mission Church" historic building, and multi~family senior housing). Accordingly, based on the evidence, a finding cannot be made that the proposed use "will not" have an adverse effect upon adjacent property. 3. The City, as the Lead Agency, determined that the project, as proposed, required an Addendum to the adopted MND for the approved speculative building due to the proposed conditional use. An Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been made a part of this record. The Addendum concluded that in granting a CUP, the City is not required to make a finding that there exists "exceptional or extraordinary circumstances or conditions applicable to the property." No such "circumstances or conditions" are identified or asserted herein. The City does, however, acknowledge the close proximity of sensitive receptors (including those single-family residences located along the west side of Morada Street; "Our Lady of Guadalupe Mission Church" historic building located at the northwesterly comer of Arrow Highway and Morada Street; and multi-family senior housing located near the southeastern corner of Arrow Highway and Ayon Avenue) to the project site and has considered those sensitive receptors in its decision-making process. 4. Based upon the evidence and conclusions set forth herein above, this P!anning Commission hereby denies the Application. 5.
The Secretary shall: a.
Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application. ADOPTED AND APPROVED this 21st day
ATIEST:~
2:
2~017.
A~, .
Cliairman
• •
'/'-f.J
Secreta~V
I, Gus Romo, Community Development Director of the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Irwindale held on the 21•t day of June 2017, by the following vote: AYES: NOES: ABSENT:
COMMISSIONERS: A. Tapia, R. Hartman, R. Chico, L. Corpis COMMISSIONERS: COMMISSIONERS: P. Gonzales
ABSTAIN~IONERS:
Secretary Planning Commission Resolution No.728(17) Page 3 of3
ATTACHMENT "H"
l~lk
lndlan Wells (760) 568-2811
BEST BEST & KRIEGER~
Los Angeles (213) 617-8100
ATTORNEYS AT LAW
Ontario
Sacramento (916) 325-4000
San Diego (619) 525-1300
Walnul Creek
(909) 989-8584
(925) 977-3300
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Riverside
Phone: (949) 263-2600
(951) 686-1450
I Fax: (949) 260-0972 I www.bbklaw.com
Washington, DC (202) 785-0600
Alisha Winterswyk (949) 263-6565
[email protected] File No. 29954.00001
June 30, 2017 VIA EXPRESS MAIL AND EMAIL
Irwindale City Council c/o City Clerk City oflrwindale 5050 North Irwindale Avenue Irwindale, California 91706 Re:
Appeal of June 21, 2017 Planning Commission Decision to Deny Conditional Use Permit No. 12-2016 for 16203-16233 Arrow Highway
Dear Mayor Breceda and Honorable Members of the City Council: Best Best & Krieger LLP represents Samuel, Son & Co. (the "Appellant"), the proposed lessee of property located at 16203-16233 Arrow Highway (the "Property"). Founded in 1855, the Appellant is a family-owned and operated business with over 4,800 employees and 100 facilities located in the United States, Canada, Mexico, China, and Australia. On December 16, 2016, the Appellant, via Panattoni Development Company, submitted a request for a Conditional Use Permit ("CUP") to operate a steel storage and distribution business as the sole tenant within a previously proposed building on the Property (the "Project"). 1 While the Appellant manufactures a variety of metal products in its other facilities, the casting of steel is not part of the proposed Project in this facility; rather, the cutting and processing of steel plates and bars, which will be placed on pallets and distributed to clients, is the proposed use. Prior to the Planning Commission's consideration the CUP application, Residents and City staff toured the Appellant's facility in the City of Commerce on March 18th and 20th, 2017. City staff then brought the Project application before the Planning Commission at its May 17, 2017 meeting, with the recommendation that the Planning Commission approve the CUP. 1
On November 11, 2015, the City Council approved Site Plan & Design Review No. 01-2014 to allow for the development of a 133,800 square-foot, single-tenant, light manufacturing/distribution/warehouse building and associated site improvements at the Property. On January 13, 2016, the City Council adopted Ordinance No. 699 on second reading, thus approving Zone Change No. 01-2015 to zone the entire property M-1 (Light Manufacturing). Pursuant to the California Environmental Quality Act (Pub. Resources Code,§ 21000 et seq. ["CEQA"]; Cal. Code of Regs., Tit. 13, § 15000 et seq. ["State CEQA Guidelines"]), the City adopted a Mitigated Negative Declaration ("MND") for the Arrow Highway Business Park in 2015; an Addendum to the MND was prepared for Appellant's current Project. 29954.00001129825442.4
BEST BEST & KRIEGER~ ATTORNEYS AT LAW
Irwindale City Council June 30, 2017 Page 2 Following a public hearing on the CUP application, the Planning Commission voted to deny the Appellant's request for a CUP (the "Denial"). Subsequently, at its June 21, 2017 meeting, the Planning Commission adopted Resolution No. 728(17) denying the CUP based on the inability of the Planning Commission to make the finding of fact that "the proposed use will not have an adverse effect upon adjacent property." Specifically, the Planning Commission found that "adverse effects from the proposed project, such as toxic fumes that could potentially be emitted into the air and chemical fires, may potentially impact the adjacent properties in the neighborhood (i.e., single-family homes, 'Our Lady of Guadalupe Mission Church' historic building, and multi-family senior housing). Accordingly, based on the evidence, a finding cannot be made that the proposed use 'will not' have an adverse effect upon adjacent property." The Appellant strongly disagrees with the Planning Commission's Denial, and in accordance with Section 17.80.110 of the Irwindale Municipal Code, which addresses the appeal procedure for CUPs, the Appellant submits this letter in support of its appeal to outline the reasons why the Appellant appeals the Planning Commission's decision to the City Council. While concerns about the Project were raised by a local resident, Mr. Robert Diaz, in a letter and during the public hearing on May 17, 2017, the Appellant strongly believes these concerns are unfounded. Pursuant to Irwindale Municipal Code Section 17.80.040, an applicant must show, to the satisfaction of the Planning Commission or the City Council, if appealed, the existence of the following facts: (A) That the site for the proposed use is adequate in size and shape; (B) that the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and (C) that the proposed use will not have an adverse effect upon adjacent property. In its staff report to the Planning Commission, City staff stated that the Project satisfactorily met the Section 17.80.040 requirements for CUP approval, and provided the following justification:
A.
The site for the proposed use is adequate in size and shape.
"As evidenced by the approval of City Council's approval of 'Site Plan and Design Review (Discretionary Action) No. 01-2014' [SP&DR (DA) No.01-2014] on November 11, 2015, the project site has been deemed of adequate size and shape to accommodate the proposed project, as revised. The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan will occur (which was initially speculative). All development standards, including parking, setbacks, Jot coverage, and floor area ratio, have been met. The proposed use is, therefore, adequate in size and shape."
B. The site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality oftraffic generated by the proposed use. 29954.00001\29825442.4
BEST BEST & KRIEGER~ ATTORNEYS AT LAW
Irwindale City Council June 30, 2017 Page 3 "A detailed traffic study was prepared in the 2015 Mitigated Negative Declaration (MND). The proposed CUP will not change the approved site plan and building layout; rather, the revised project only involves an interior reconfiguration of the floor plan will occur (which was initially speculative). The proposed use will not result in additional vehicle trips beyond those analyzed in the approved traffic study. The site has sufficient access to streets and highways and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Further, commercial truck ingress and egress is proposed via a driveway on the west side of the property fronting onto Arrow Highway. A secondary driveway is proposed on the east side of the property, also fronting Arrow Highway, to provide ingress and egress for employee and regular passenger vehicles as well as emergency vehicle access. The proposed use will generate very limited and periodic additional traffic, which has been addressed through the review and adoption of a MND." C.
The proposed use will not have an adverse effect upon adjacent property.
"Existing zoning within the City often places residentially-zoned property adjacent to residentially-zoned property allowing different densities or non-residentiallyzoned property exhibiting different operational characteristics. Whenever two dissimilar uses are so located, the exogenous effects of either use can result in an adverse effect on the other. The interests of the adjacent residential and church properties located along Morada Street are neither adversely effected through the construction of a modem industrial building nor through the operation of an appropriately conditioned manufacturing-related use. Because the proposed project, as revised, does not result in the creation of conditions whereby adjacency between dissimilar uses is created, it is the Department's interpretation that the inquiry presented in Section 17.80.040(C) relates to the potential presence of a "significant adverse effect" and not merely any unquantifiable "adverse effect." Based on the proposed mitigation measures adopted with the 2015 Mitigation Monitoring and Report Program and the conditions of approval proposed for CUP 12-2016, the proposed use is not anticipated to have a significant adverse effect upon adjacent property." The above stated findings of staff adequately demonstrate the existence of facts required by Irwindale Municipal Code Section 17.80.040 to approve a CUP for the Project. Furthermore, the Appellant believes the following additional facts support approval of the CUP: •
All the residents of Morada Street who provided comments during the public hearing at the May 17, 2017 Planning Commission meeting spoke in favor of the Project.
29954.00001\29825442.4
l~lk BEST BEST & KRIEGER a ATTORNEYS AT LAW
Irwindale City Council June 30, 2017 Page4 •
Residents and City staff toured the Appellant's facility in the City of Commerce on March 18th and 20th, 2017, and with the exception Mr. Diaz, all tour participants support the proposed Project. The City's Code Enforcement Officer also toured the facility and found no issues with the Project.
•
Mr. Diaz's comments during the public hearing at the May 17, 2017 Planning Commission meeting misrepresented the Appellant's proposed use of the Property and a raised number of unsupported concerns with the Project: o Mr. Diaz expressed that the Appellant would be welding on the site, but that is not accurate-no welding is proposed as part of the Project. o Mr. Diaz's concerns about noise are unfounded. The noise study presented in the Addendum to the 2015 MND confirms the conclusions presented in the 2015 MND, which concluded that the Project, with mitigation, would not result in significant impacts upon those residents located along the west side of Morada Street, Our Lady of Guadalupe Mission Church, or the multi-family housing located near the southeast corner of Arrow Highway and Ayon Avenue. The Project will neither exceed the City's adopted noise standards nor violate the City's noise policies. o In regards to Mr. Diaz's concerns about the use of a plasma cutter, there will be no outdoor venting of machinery on the Property, the Air Quality Management District will inspect the Project, and a third-party will also inspect the Project for the Appellant on a monthly basis, with the City having access to the monthly inspection reports. o The Appellant's Project was compared to other old, dusty, and noisy steel businesses in the City during the Planning Commission meeting. The Appellant feels this is a mistake, and the staff report and accompanying environmental documents demonstrate that the Project will not disrupt the community as other businesses may have in the past.
As such, the Appellant believes the Planning Commission's grounds for denying the CUP application are invalid. For the foregoing reasons, the Appellant urges the City Council to overturn the Planning Commission's Denial and approve the Conditional Use Permit for the Project. As required by Section 17.80.110, the Appellant respectfully requests that the City Clerk set this appeal of the Denial for hearing upon the City Council agenda at the next most convenient meeting of the City 29954.0000 I\29825442.4
l~lk BEST BEST & KRIEGER~ ATTORNEYS AT LAW
Irwindale City Council June 30, 2017 Page 5 Council. The Appellant also invites the City Council to tour the its facility in the City of Commerce in order to observe first-hand how the proposed Project will look and operate. Please feel free to contact me if you have any further questions regarding this appeal.
e..,, Sincerely,
of BEST BEST & KRIEGER LLP
cc:
David Oliva, General Manager, Samuel, Son & Co. Mark Payne, Partner, Panattoni Development Company, Inc.
29954.0000 I\29825442.4
l~lk BEST BEST & KRIEGER~ ATTORNEYS AT LAW
Irwindale City Council June 30, 2017 Page6 bee:
Marco Martinez, Partner, Best Best & Krieger LLP by email only
29954.0000 I\29825442.4
,,
ATTACHMENT "I"
!iRIVIUEE July 5th 2017 City of Irwindale Community Development Department 5050 Irwindale Avenue Irwindale, CA 91706 Attention: Planning Commission Dear Sirs/Madams: Proposed Conditional Use Permit (CUP 12-2016) for 16203-16233 Arrow Highway, Irwindale
Re: CA
Samuel is committed to conducting business that respects both the law and the communities in which Samuel operates. We wish to respond to the letter sent by Mr. Robert Diaz to the Commission dated May 17, 2017.
1. High frequency radiation There is no known exposure associated with high frequency radiation as it relates to Samuel's plasma cutter. Samuel operates the plasma in compliance with the law and all applicable health and safety regulations. Samuel vets its supply chain and sources its plasma cutting equipment from best-in-class manufacturers to ensure they are configured to comply with all applicable laws. 2.
Aluminum dust As noted above, Samuel operates in compliance with all applicable regulations, including those pertaining to the emission of particulates. Samuel has implemented a robust emissions control system that complies with or exceeds applicable regulations. The emissions control system includes ventilation filters and equipment. Equipment and filters within the control system are monitored and regularly inspected to ensure compliance with applicable regulations. Samuel regularly reviews its operations to ensure compliance with em1ss1on restrictions. Samuel is also subject to regular audits by OSHA. To date, Samuel has not been issued with any corrective orders, citations or fines in respect of its emissions controls.
We note that Mr. Diaz made reference to welding. Samuel's processing activities do not include welding. As such, Mr. Diaz's comments in respect to welding do not apply to the proposed CUP. 3.
Exposure Risks
With respect to Mr. Diaz's concerns regarding exposure to metal components, we wish to reiterate that Samuel conducts its business within the limits prescribed by the law. 4.
Noise
Noise impacts and studies have already been provided by a third party. These studies conclude that Samuel's proposed operations will not add any further exposure to existing noise levels. 5.
Samuel's Practices
Mr. Diaz states that using the Irwindale site as a training ground will increase the chance for human error and accidents. Samuel has a robust enterprise health and safety program that includes a thorough review of all risks and hazards. Where Samuel engages trainees, as required by our internal policies and procedures, Samuel undertakes a detailed review of risks and hazards and ensures that all employees and trainees receive comprehensive training. Mr. Diaz also mentions a recent judgement in Ontario. This decision is of course a matter of public record. Samuel is appealing the decision on the basis that Samuel's operations and training complied and indeed exceeded the applicable Ontario laws and regulations. We welcome the opportunity to answer any questions or concerns the Commission may have. Please do not hesitate to contact the undersigned. Yours truly,
David Oliva General Manager Samuel, Son & Co. Inc. Los Angeles
Cl City Council D Successor Agency D Housing Authority D Reclamation Authority DJoint Powers Authority
Cityef
COUNCIL AGENDA ITEM X
IRWINDALE AGENDA REPORT
JUL 1 2 2017 c
Date:
July 12, 2017
To:
Honorable Mayor and Members of the City Council
From:
John Davidson, City Manager
Issue:
Public Hearing for Sewer Maintenance and Street Lighting Maintenance Assessment Districts for the Irwindale Business Center.
City Manager's Recommendation:
That the City Council: (1) Conduct a public hearing for public comments; and (2) Adopt Resolution No. 2017-44-2942 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER SEWER MAINTENANCE DISTRICT"; and (3) Adopt Resolution No. 2017-45-2943 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT".
Background and Analysis: 1)
Pursuant to City Resolution No. 2017-34-2932, an Engineer's Report for Fiscal Year 2017-2018 for the maintenance and operation and capital replacement of the City's sanitation and sewerage systems located within the Irwindale Business Center, was approved and adopted on June 14th 2017, setting a public hearing for July 12th 2017. This report, which has been filed with the City Clerk, describes the proposed Sewer Maintenance Charge for Fiscal Year 2017-2018. The Engineer's Report follows the methodology, formula or range of calculating the Sewer Maintenance Charge previously established by the City Council in Fiscal Year 2001-02. Page 1
2)
Pursuant to City Resolution No. 2017-35-2933, an Engineer's Report for Fiscal Year 2017-2018 for the maintenance and operation of the street lighting and facilities which are appurtenant thereto within and benefiting Tract No. 25436, located within the Irwindale Business Center, was approved and adopted on June 14th 2017, setting a public hearing for July 12th 2017. This report, which has been filed with the City Clerk, describes the proposed Street Lighting Maintenance District for Fiscal Year 2016-2017. The Engineer's Report follows the methodology, formula or range of calculating the Street Lighting Maintenance District previously established by the City Council in Fiscal Year2001-02.
3) The public hearings for the Sewer Maintenance District and Street Lighting Maintenance District have been duly noticed in accordance with applicable laws. Following completion of the respective public hearings, it is recommended that the City Council adopt the corresponding resolutions.
Fiscal Impact: These assessments will generate funds necessary for payment of the maintenance and administration costs of the Sewer Maintenance and Street Lighting Maintenance Districts. Some staff time is eligible to be charged to this fund, which will result in a nominal revenue in the General Fund.
Review: Fiscal Impact:
£
(Initial of CFO)
Legal Impact: a£b1nitial of Legal Counsel)
Prepared By/Contact: Phone:
Attachment(s):
Page 2
Eva Carreon, Finance Director (626) 430-2221
Resolution No. 2017-44-2942 Resolution No. 2017-45-2943
RESOLUTION NO. 2017-44-2942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER SEWER MAINTENANCE DISTRICT
WHEREAS, on or about June 28, 2001, the City Council of the City of Irwindale ("City Council") established a sewer maintenance charge for the Irwindale Business Center for fiscal years 2001-2002, the manner of levying such charge and maximum amounts to be charged for the fiscal year; and WHEREAS, pursuant to Government Code sections 53750 et seq. a fee or charge is increased for the purposes of Article XlllD of the California Constitution, ("Proposition 218") where the methodology used to calculate the fee or charge is revised and the revision results in an increased amount being levied on any person or parcel; and WHEREAS, pursuant to Proposition 218, in adopting the sewer and maintenance charge for the fiscal year 2001-2002, the City complied with the notice, protest, and hearing requirements of Government Code sections 53750 et seq. and Proposition 218; and WHEREAS, an Engineer's Report entitled "Sewer Maintenance Charge (Irwindale Business Center)" ("Engineer's Report") for Fiscal Year 2017-2018 has been prepared and filed with the City Clerk and all interested persons are referred to the attached Engineer's Report for a full and detailed description of the sewer fees and charges (collectively "Sewer Maintenance Charge") and boundaries thereof, the work and the proposed amount and parcels within the boundaries subject to such Sewer Maintenance Charge; and WHEREAS, the City Council and the City Council has duly considered each and every part of the Engineer's Report; and WHEREAS, the Engineer's Report has not changed the methodology, formula or range of calculating the Sewer Maintenance Charge as that approved by the City Council for the 2001-2002 fiscal year, and as such, the notice, protest and hearing requirements of Government Code sections 53750 et seq. or Proposition 218 are inapplicable to the adoption and imposition of the Sewer Maintenance Charge.
Resolution No. 2017-44-2942 Page 1
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct. SECTION 2. Following publication, as required by Section 5473.1 of the California Health and Safety Code, the City Council has held a hearing to hear and consider all objections or protests to the Engineer's Report. The City Council hereby finds and determines that protests have not been made by the owners of a majority of separate parcels of property described in the Engineer's Report. SECTION 3. That pursuant to Section 5473.3 of the Health and Safety Code, the Engineer's Report filed with the City Clerk on June 14th, 2017, is hereby approved and adopted and the Sewer Maintenance Charge is hereby determined and ordered to be the charges and fees for each legal parcel of land in Tract No. 25436 for the Fiscal Year 2017-2018 for the maintenance of the City's sanitation and sewerage system, including appurtenances within Tract No. 25436 ("System"). The amount of the Sewer Maintenance Charge shall constitute a lien against the lots or parcels of land against which the Sewer Maintenance Charge has been imposed as provided in Section 5473.5 of the Health and Safety Code. SECTION 4. As provided in Sections 5470 et seq. of the Health and Safety Code, the Director of Public Works/City Engineer and City Clerk are hereby authorized and directed to make the necessary filings for the City of Irwindale for Fiscal Year 2017-2018 concerning the Sewer Maintenance Charge as part of the property tax collection procedure. The Sewer Maintenance Charge shall be collected on the tax roll in the same manner, by the same person, and at the same time, as together with and not separately from, the general property taxes, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as the general property taxes. SECTION 5. The City of Irwindale provides sewer services to the properties described in the Engineer's Report and the City will incur expenses for operation and maintenance of the System. The City Council does hereby determine that the public interest, convenience and necessity require that the Sewer Maintenance Charge, as proposed, be imposed upon all real properties located within Tract No. 25436 and be collected by placing the same on the tax bills issued pursuant to rolls for collection. Passage of this Resolution shall constitute the imposition of the Sewer Maintenance Charge for the fiscal year referred to in the Engineer's Report.
Resolution No. 2017-44-2942 Page 2
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and the Engineer's Report and forward a certified copy hereof to the Tax Collector and Auditor of the County of Los Angeles. PASSED, APPROVED, AND ADOPTED, this 121h day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura Nieto Deputy City Clerk
Resolution No. 2017-44-2942 Page 3
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE
} } ss. }
I, Laura Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-44-2942 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of July 2017, by the following vote: AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN: Councilmembers:
Laura Nieto, MMC Deputy City Clerk
Resolution No. 2017-44-2942 Page 4
City of Irwindale Sewer Maintenance Charge (lrwlndale Business Center) 2017/2018 ENGINEER'S ANNUAL LEVY REPORT Intent Meeting: June 14, 2017 Public Hearing: July 12, 2017
W'WILLDAN
ENGINEER'S REPORT AFFIDAVIT Establishment of Sewer Maintenance Charge for the: Irwindale Business Center City of Irwindale Los Angeles County, State of California
This Report identifies the parcels within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this _ _____:1:...:4:___ _ day of _ _...:;J..:.:u;;.one-=---, 2017.
Willdan Financial Services Assessment Engineer On Behalf of the City of Irwindale
~"~iii~
By: Susani edina Project Manager, District Administration Services J
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the day of ,2017. By:. _ _ _ _ _ _ _ _ _ __ City Clerk, City of Irwindale Los Angeles County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the day of , 2017. By:. _ _ _ _ _ _ _ _~ City Clerk, City of Irwindale Los Angeles County, California
Table of Contents
I.
Introduction ............................................................................................................ 1
II.
Description of the Improvements ......................................................................... 1
!!!.
Estimate of Cost ..................................................................................................... 2
IV.
Method of Apportionment and Rate Calculator ................................................... 3
V.
District Assessment Diagram ............................................................................... 5
VJ.
201712018 Assessment Roll .................................................................................. 6
WWILLDAN l Introduction To establish a revenue source based on benefit to property for funding the maintenance of public sewer facilities in the 116-acre private development, Irwindale Business Center, the City Council directed the City Engineer to facilitate the formation of the Sewer Maintenance Charge (Irwindale Business Center) under the Health and Safety Code (H&SC), Sections 5470 et. seq., entitled "Sanitation and Sewerage Systems" which provides a method for collecting funds for the maintenance of sewer facilities on the property tax bills. The funding supported the maintenance of a sewer system and a lift station and the future replacement of the lift station (estimated for the year 2026) in the area known as the Irwindale Business Center. In Fiscal Year 2001/2002, the City Council of the City of Irwindale established the Sewer Maintenance Charge (Irwindale Business Center). The noticing and balloting requirements and other applicable provisions of Article XlllD of the California State Constitution were followed with respect to the formation of the Sewer Charge. It was determined that the sewer maintenance charge was a property-related charge and should be levied upon each parcel within the boundaries of the Irwindale Business Center. A maximum charge rate of $829.38 per benefit unit (BU) was established for Fiscal Year 2001/2002. The rate imposed each year will be based on the estimated cost of operations, maintenance, and future lift station replacement for that year. For any year in which all other rates imposed under the Sewer Charge are adjusted by the change in the Consumer Price Index (CPI), the maximum rate will also be adjusted by the CPI. Section 5473 of the H&SC requires this Engineer's Report to be prepared and filed with the City Clerk each year for the purpose of establishing the charge rate. The charge rate for Fiscal Year 2017/2018 is presented herein in accordance with the methodology as set forth below. Following approval of this report, the City Council will hold a public hearing to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the City Council may adopt a resolution confirming the levy of the charge as proposed or as modified.
ll Description of the Improvements The City's existing sewer system facilities in the Irwindale Business Center include approximately 7,500 L.F. of 8" to 12" VCP gravity public sewer main and a sewer lift station, (3'-6" X 14", 1400 GPM, 75 HP dry well pumps and a 12,000 gallon wet well) built to capacity for the project.
2017/2018
Sewer Maintenance Charge - Irwindale Business Center
Page 1 of 6
WWILLDAN Ill Estimate of Cost The cost of operation, maintenance, servicing of the improvements and the replacement of the lift station for Fiscal Year 2017/2018, as described above, are summarized herein and described as below.
Beginning Fund 8alaoces (117/111/17.) I1) Maintenance Fund Balance Lift Station Replacement Fund 13alance Total Beginning.Fund 8alanc.es eudget Items Annual Maintenance Cost (Sewer)' Annual Maintenance Cost (Lift Station) Engineering .& ·Administrative. Services DistricfAdrninistr
10,000 18,380
1,700 1$.0 $33,;230. ,-,,,,",
$Hl;6.e5 Loan Repaymen\(4) Loan. Interest Expense
75;000
Total BU Le per BU FY17!1{l Max Rateper BUJY17118
Maintenanc.e Fund Balance Lift StationRe lacemeh!Fund Balance Total Endin Fund Balances
44,207
$4420.7
1. The amount of any surplus or deficit in the improvement fund to be carried over from a previous Fiscal Year. However, in FY 2014/15, funds were depleted for emergency replacement of sewer pipes. 2. Total costs of improvements to be made for the year, being the total costs of operating and maintaining, and servicing all existing improvements, including all incidental 2017/2018
Sewer Maintenance Charge - ltwindale Business Center
Page 2 of 6
WWILLDAN expenses. This may include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 1O of the Fiscal Year when the City expects to receive its apportionment of special assessments and tax collections from the County. 3. Annual cost for the replacement of the lift station at the end of its useful life estimated to occur in the year 2016. This cost was estimated to be $750,000 in 2000. Due to increased equipment, material, and labor costs in 2007 the Los Angeles County Maintenance Division recommended a 30% increase to this estimate to a cost of replacement of $975,000. In addition, in 2014 the Los Angeles County Maintenance Division recommended construction of a bypass system to allow for continuous operation while routine maintenance continues to be performed on the gravity sewer main. Furthermore, the replacement of the station sewer piping shall use stainless steel pipes instead of ductile iron pipes. This increased the cost from $975, 000 to $1,325,000. The replacement of the gravity sewer main was scheduled to begin in FY 2014/2015 and was estimated to be completed in 2-3 years. As such, the total amount to collect became $1,325,000 - $825,000 (Collected through FY 2013/14) = $500,000 over the next 6 years starting FY 2014/15. Annual charge starting FY 2014/15 = $500,000/6 years = $83,333.33 per year. However, the City unexpectedly did emergency repair and replacement in FY 2014/15, as explained below, which depleted the funds. The City will continue to collect toward the Lift Station replacement to the maximum capacity allowed in order to replenish the fund. 4. In FY 2014/15, the city replaced two deteriorated 10" main sewer discharge pipes at the lift station with two 8" high-density polyethylene pipes to prevent sewer spillage and to resume normal operations of the station. These two main sewer discharge pipes extend from the lift station along Charter Street and Tapia Street and the two main lines connect to the County Sanitation District Sewer Main line on Irwindale Avenue. The fund balance in the district did not have sufficient funds to cover the entire cost of the project. The city council approved a loan from the General Fund in the amount of $375,000 to be paid off over 5 years with interest to cover this cost. First year loan repayment to start in FY 2015/2016. 5. The net amount to be assessed upon assessable lands within the assessment district being the total operating, maintenance, and servicing costs, increased or decreased. Actual levy to the county will vary due to rounding.
IV. Method of Apportionment and Rate Calculator The land use for all of the parcels within the boundaries of the Sewer Maintenance Charge area as the area fully develops will be industrial. It has been determined that the sewer maintenance charge is a property related charge, and that a charge based on parcel acreage is a reasonable method for apportioning the maintenance costs. The special benefit will be expressed as a Benefit Unit (BU). For every parcel one benefit unit (1 BU) will be assigned per acre. 2017/2018
Sewer Maintenance Charge - Irwindale Business Center
Page 3 of6
WWILLDAN •
Developed and undeveloped parcels will be assessed one benefit unit per acre.
•
Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements.
The sewer lift station located on parcel 8417-036-900, the storm water detention basin on parcel 8417-027-094 which later became parcel 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the sewer system, and are exempt from the maintenance charge. Southern California Edison has purchased parcel 8417-036-002 which became 8417036-800. This parcel is not exempt from the Sewer Maintenance Charge and is assessed as parcel 9014-800-001 (State Board of Equalization assigned parcel number).
2.370.
26
112.953
The Fiscal Year 2017/2018 Sewer Maintenance Charge rate is calculated as follows: The Maximum Allowable Assessment rate for Fiscal Year 2017/2018 is $1,197.43 The rate is calculated by adjusting the maximum rate established for Fiscal Year 2001-02 of $829.38 per BU by the Consumer Price Index for All Items, All Urban Consumers (CPlU) for the Los Angeles, Anaheim, Riverside Area for the prior year (CPI April 2001 = 176.6, CPI April 2017 = 254.971, increase of 44.378% cumulatively). Sewer Maintenance Total Costs: $132,415 Sewer Maintenance Charge Rate FY 2017/2018: $132,415+110.583 Total BU= $1,197.43/BU Maximum Sewer Maintenance Charge Rate: $1,197.43 /BU
This maximum rate reflects the April 2016 to April 2017 CPI increase of 2.659% over last year's maximum rate of $1, 197.43.
2017/2018
Sewer Maintenance Charge~ Irwindale Business Center
Page4of6
Ww1LLDAN II. District Assessment Diagram The lines and dimensions of each lot or parcel within the Sewer Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.
•••••••• (.:tty 01 lrwlndale
-~~~-!
Sewer Malntenanc® District (Irwindale But.iness Canter)
·---·l.'il
'~R;;.:2;~.~ -~;.''!
I
•
•
~
I I
I
••
• •
2017/2018
I I
Sewer Maintenance Charge - Irwindale Business Center
Page 5 of6
WWILLDAN Vl 201712018 Assessment Roll The proposed Fiscal Year 2017/2018 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report. City of Irwindale Sewer Maintenance Charge (Irwindale Business Center) Fiscal Year 2017/18 Preliminary Assessment Roll APN
1 l J
8417-.027-088 84.17-027-089 8417,027-090 8417•027'091 8417-0?7-092 8417-027-093 a417,035.006
Situs Nwnber
4775 15800
Situs Address
JRV\IJNPALE!IYE ' TAPIA ST
4821 4889 482.1
cHAflT!;"RsT 4T:Hsr 4f:HsT
4818 5091
4THi;T
4THST. 4THST
8417-035-010 8417-035-011
4982 5012 508.2 5086
8417-035,_012
.15751
8417'035'013 8417-035'014 8417>035.015 8417-035-022
1s7sj
8'\17;03S'PP7 8417-035'0ll8
{l417.03s:oo9
8417-035-023 8417-0$5'024 8417'035'028 84;17-03!;-029 ll417-03(l,Q01 8417-Q3s-soa . Total
Taxable Acreage
Benefit Unit Factor
<_5!41ir .. {00
:lravo / ~i49p
· ·w:"73o ·
~:ii:lo
1,00 t.llo
1.00
.
· 4:rvo
.1!.0d
'.ioci:O ·
4981
15612 15642 15()62 15700
15716.
15612ARRo\f\l..l'iwy ARROW HWY AFiRCJW HWY ARROW"HWY , ARRbW•HWY ','
'
• 47M · 1Rw1"1011LEAYe• ·• .4777. IRwl~o~kEAY~·
<5:410•
·······$Jl-~4rilfo~
~-870.
4.au:o~
12,848.42
3,~gsfai
···.1-7.97"'42 ···.·.· .• ·~.,5~5.@6
15.oJ.o 8:0_30· 2.0i2(}
241s:ao · v,Fv,,v,,
••. •2-.•~s':F!io • d>:?,
S;8~P;
,,,,,~
'•'
4.66"0
· •·•· ·.· · •5;580;02 e!ie~.jJ~ •
1.f~!J
•. •2f14.3~~~ ;
1.98.0 • 0.'7$0 ..
·.
2;~:!ti.1Jl i ~~~..99 .
.
:i.3u.ei .
!
:;~~ci .. . .; ~~t~:~i~!:
1;~80·
oi1eo
1i95o·.··
1;QO
.... &.1. li
· .·t1llo
•6·459
1(ss:o
i1-ob •
•1:00
1:1ao·
.1-~Q'$i;. r·• W.:9.Z'f/ ~;92~ -1.:Qo:;.; 2300
.
°'459
,; .i ;i{~i?J,;1 • 110583
• .; -855;16
oMo
1.·__
•1,4;i.~~ ,;549g~
_;.· · · · 1· •·.~- · .· a3,_.58·_ .•04·. ·. ;~:.·• . a6·.·.·.·.·.•
• ••.._•.•.•
110583
..
$132,41531 23
Assessment for Southern California Edison's parcel was submitted under the company's SSE account 9014-800-001
2017/2018
•
:S,7'~1/11. i
•. •••
. 4;770
Parcel Count (1)
·
i&ji·~~
. 6.49p .10,1so
">2:140"
4TH sr. 4TH$T. TAPJ,l\ST
TAplAST: IRWINDALEAVE IRWINDALE.AYE
Charge
3;030
4TH ST: 4981 . 4TH .ST
5027
EBU
Sewer Maintenance Charge - Irwindale Business Center
Page 6 of 6
RESOLUTION NO. 2017-45-2943 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018, WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Irwindale does hereby find, determine and declare, as follows: (a)
On June 28, 2001, the City Council of the City of Irwindale (the "City Council") adopted its Resolution forming the Irwindale Street Lighting Maintenance District (the "District") and the levy and collection of assessments therein as set forth in an engineer's report adopted by the City Council and prepared for fiscal year 2001-2002; and
(b)
The improvements to be maintained within the existing District are generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting Tract No. 25436; and
(c)
On June 14th 2017, the City Council adopted Resolution 2017-35-2933 approving the Engineer's Report for Fiscal Year 2017-2018 ("Engineer's Report") and in accordance with Section 4 of Article XIII D of the California Constitution ("Proposition 218") and Article 4 of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act," and together with Proposition 218, collectively, the "Assessment Law"), the City Council declared its intent to levy and collect assessments for Fiscal Year 20172018 within the District, and set a time and place for a public hearing; and
(d)
All noticing requirements relating to the adoption of the Engineer's Report were complied with in the time, form and manner as required by the Assessment Law, unless otherwise waived as permitted thereunder; and
(e)
The City Council considered all oral and written protests, determined that a majority protest did not exist and overruled all such oral and written protests, if any, against the proposed work or assessment made by any interested person; and
Resolution No. 2017-45-2943 Page 1
(f)
The City Council, having duly received and considered oral and documentary evidence concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated work and benefits to be derived therefrom, has acquired jurisdiction to order the proposed assessment.
Section 2. The Engineer's Report attached hereto, and on file with the City Clerk, and each component part of it, including each exhibit incorporated by reference, as amended, if applicable, is hereby finally approved and adopted. Section 3. The diagram and assessment prepared in connection with the District are hereby confirmed. The District shall provide for the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, street lighting and facilities which are appurtenant thereto. Reference is made to the attached Engineer's Report for a more detailed description of the work to be done, the amount of the proposed assessments and the method of assessment. Section 4. The public interest and convenience requires the ordering of the levy of the assessments for the District for Fiscal Year 2017-2018 and the City Council hereby orders the levy of assessments therein, as set forth and described in the Engineer's Report. Section 5. The adoption of this Resolution constitutes the levy of the assessments for the District as set forth in the Engineer's Report for Fiscal Year 2017-
2018. Section 6. The City Clerk shall certify to the adoption of this Resolution and the Engineer's Report and forward a certified copy hereof to the Tax Collector and Auditor of the County of Los Angeles.
PASSED, APPROVED, AND ADOPTED this 1ih day of July 2017.
Mark A. Breceda, Mayor ATTEST:
Laura Nieto, MMC Deputy City Clerk
Resolution No. 2017-45-2943 Page 2
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE
) ) ss. )
I, Laura Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-45-2943 was duly passed and adopted at a regular meeting of the Irwindale City Council held on the 1zlh day of July 2017, by the following roll call vote: AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN: Councilmembers:
Laura Nieto Deputy City Clerk
Resolution No. 2017-45-2943 Page 3
City of lrwlndale Street Lighting Maintenance District (Irwindale Business Center) 2017/2018 ENGINEER'S ANNUAL LEVY REPORT Intent Meeting: June 14, 2017 Public Hearing: July 12, 2017
Ww1LLDAN
ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: Street Lighting Maintenance District (Irwindale Business Center) City of Irwindale Los Angeles County, State of California
This Report describes the Street Lighting Maintenance District including the improvements, budget, parcels and assessments to be levied for Fiscal Year 2017/2018, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned res ectfully submits the enclosed Report as directed by the City Council. Dated this _ _1_4_ _ day of ___ Ju_n_e_ _ , 2017.
Willdan Financial Services Assessment Engineer On Behalf of the City of Irwindale
tc.~·..,Jil-'- .
By: [ .. Susan!l'M dina Project Manager, District Administration Services I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roil and Assessment Diagram thereto attached was filed with me on the day of , 2017. By:_ _ _ _ _ _ _ _ _ __ City Clerk, City of Irwindale Los Angeles County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roil and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the day of , 2017. By: _ _ _ _ _ _ _ _ _ __ City Clerk, City of Irwindale Los Angeles County, California
Table of Contents l
Introduction ............................................................................................................ 1
fl.
Facilities Maintained by the District ..................................................................... 1
Ill.
Plans and Specifications ....................................................................................... 1
IV.
Estimate of Cost ..................................................................................................... 4
V.
Method of Apportionment of Assessment ........................................................... 5
VI.
Boundary Map ........................................................................................................ 9
Vil Assessment Roll .................................................................................................. 10
l Introduction The Irwindale Business Center is a 116-acre private industrial development. Pursuant to and in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the "1972 Act") which is Part 2, Division 15 of the California Streets and Highways Code (the "Act") and Article XlllD of the Constitution of the State of California, in Fiscal Year 2001-02, the City of Irwindale ("City") formed the Street Lighting Maintenance District ("District") to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. Noticing and balloting requirements and other applicable provisions of Article XlllD of the California State Constitution were followed with respect to the formation of the District. The assessment to be levied upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from street light maintenance. A maximum assessment rate of $97.29 per benefit unit (BU) was established for Fiscal Year 2001/02. For any year in which all other rates imposed under the Street Lighting Maintenance District are adjusted by the change in the Consumer Price Index, the maximum rate will also be adjusted by the Consumer Price Index.
II. Facilities Maintained by the District A) Street Lighting
The public street lighting system within the proposed District boundaries is owned by the Southern California Edison Company and currently consists of 22 lights, as shown below:
Ill Plans and Specifications A) Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
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•
The installation or planting of landscaping.
•
The installation or construction of statuary, fountains, and other ornamental structures and facilities.
•
The installation or construction of public lighting facilities.
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•
The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
•
The maintenance or servicing, or both, of any of the foregoing.
•
The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to: •
The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
•
The costs of printing, advertising, and the publishing, posting and mailing of notices;
•
Compensation payable to the County for collection of assessments;
•
Compensation of any engineer or attorney employed to render services;
•
Any other expenses incidental to the construction, maintenance and servicing of the improvements;
•
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
•
Costs associated with any elections held for the approval of a new or increased assessment.
installation, or
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
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Repair, removal, or replacement of all or any part of any improvement.
•
Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
•
The removal of trimmings, rubbish, debris, and other solid waste.
•
The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
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The improvements are the operation, maintenance, rehabilitation and servicing of lighting and appurtenant facilities. The facilities and improvements are described as follows: B) Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to: poles, fixtures, bulbs, conduits, and conductors, equipment including guys, anchors, posts and pedestals, metering devices, and appurtenant facilities as required to provide safety lighting and traffic signals in public rights-of-way and dedicated easements within the boundaries of the District. The public lighting system will be maintained to provide adequate illumination. Power for street lights will be furnished by the Southern California Edison Company, or such agency as determined by the City. C) Operation
Operation includes, but is not limited to, the furnishing of personnel, electrical energy, materials, contracting services, administration, and other items and functions necessary for the satisfactory operation of the public lighting facilities and appurtenant facilities. D) Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public lighting facilities and appurtenant facilities. E) Rehabilitation
Rehabilitation means the repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities as required for their intended function. F) Servicing
Servicing means the maintenance of any of the public lighting facilities or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.
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IV. Estimate of Cost The cost of the operation, maintenance, rehabilitation, and servicing of the improvements for Fiscal Year 2017/2018, as described in Part Ill, are summarized herein and described below the table.
REVENUE Segin!Jill FuoffBalance (7101117
<1J
Total Revenu11 ·
MaxR.111e.1?e'raOF'f 1111a erBUFY1'7'/1~···
*Source: Current monthly charges/rate increases confirmed SCE/PUC, eff. April 4, 2009. Other charges confirmed by City Engineer
Revenues 1) The amount of any surplus or deficit in the improvement fund to be carried over from a previous Fiscal Year. 2) The net amount to be assessed upon assessable lands within the assessment district being the total operating, maintenance, and servicing costs, increased or decreased. Actual levy to the county will vary slightly due to rounding.
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Expenditures
3) The total costs for improvements to be made for the year, being the total costs of operating and maintaining, and servicing all existing improvements, including all incidental expenses. 4) A small rate increase occurred in FY 06/07, a 20% increase in FY 07/08, and a decrease occurred in FY 08/09. There was no increase in FY 16/17 and no increase anticipated for FY 17/18. 5) The expenditures may include a reserve that shall not exceed the estimated costs of maintenance and servicing to December 10 when the City expects to receive its apportionment of special assessments from the County. For this Fiscal Year the reserve is not part of the assessment since the fund balance is enough to cover those costs.
V. Method of Apportionment of Assessment A) General
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation, and servicing of street lights. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." In addition, Article XlllD of the Constitution of the State of California requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XlllD provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.
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B) Proposition 218 Benefit Analysis
In conjunction with the provisions of the 1972 Act, the California Constitution Article XlllD addresses several key criteria for the levy of assessments, notably: Article XlllD Section 2d defines District as follows: "District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service 1 ';
Article XlllD Section 2i defines Special Benefit as follows: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." Article XlllD Section 4a defines proportional special benefit assessments as follows: "An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes. The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.
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The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits. To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either "general benefit" (not assessed) or "special benefit". C) Apportionment By Parcel Size
Acreage has been selected as the principal unit for calculating the special benefit conferred upon the parcels by the street lighting improvements and for apportioning the total assessment. The special benefit will be expressed as Benefit Unit (BU). Every parcel will be assigned one benefit unit (1 BU) per acre. •
All developed and undeveloped parcels. All parcels will be assessed one benefit unit per acre.
•
Exempt. Excepted from the assessment would be the areas of public streets, public easements and rights-of-ways. Also excepted from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements. The storm water detention basin on parcel 8417-027-094, which became 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the lighting system and are exempt from the lighting assessment.
Southern California Edison has purchased parcel 8417-036-002, which became 8417-036-800. This parcel is not exempt from the lighting assessment and is assessed as State Board of Equalization (SBE) parcel 9014-800-001. The sewer lift station located on parcel 8417-036-900 benefits: therefore, is not except and is included in the lighting assessment. A summary of Benefit Unit (BU) rates is shown in the table below: Land-Use Category Exempt All other
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Basic Unit 0 acres X 1 acres X
BU Factor 0.0 1.0
= =
Street Lighting Maintenance District (Irwindale Business Center)
BU Rates 0.0 BU/Acre 1.0 BU/Acre
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D) Special Benefit Determination Street Lighting: Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and promoting business and industry. Street lighting provides special and direct benefit to all properties within the District as these lighting benefits are directly related to the positive enhancement of the area and therefore increase property desirability. E) Assessment Rate Calculation The Maximum Allowable Assessment rate for Fiscal Year 2017/2018 is $140.46. This rate is calculated by adjusting the maximum rate established for Fiscal Year 2001-02 of $97.29 per Benefit Unit by the Consumer Price Index for All Items, All Urban Consumers (CPl-U) for the Los Angeles, Anaheim, Riverside Area. The maximum rate reflects the April 2016 to April 2017 CPI increase of 2.66% over Fiscal Year 2016/2017 maximum rate of $136.82.
As shown in the budget in section IV, the assessment rate for Fiscal Year 2017/2018 is $121.68 per benefit unit. Each year, as the City maintains the existing street lighting improvements, the rate per BU will be calculated according to the current year's operations and maintenance budget.
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Vl Boundary Map The lines and dimensions of each lot or parcel within the Street Lighting Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report .
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Street Lighting Maintenance District (Irwindale Business Center)
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VII.
Assessment Roll
The proposed Fiscal Year 2017/2018 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report. City of Irwindale Street Lighting and Maintenance District (Irwindale Business Center) Fiscal Year 2017/18 Preliminary Assessment Roll
APN !1l
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Address
Taxable
Acreage
~enefit Unit Factor
EBU
Char e
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. a41H21,oaa · 1>41 t•Q2J.,08~ ~41z,027-Q!)o.
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8417·Q35;Dp8
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841~-oas;.01 o.
84.11;0:35-011
. 6417-0f.5'.012 a191,03§;91;l .·.· 841\77035'))14 ~417,o~Q:o1s
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8417'.035-023
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8417-031i'028 6417•035-029 6417'03~;001
. 6'11"7iP3G:.8oOpl a4w-\!$&~9oo •· Total: Parcel Count·
110 79
24.00
110.79
$13,480.44 24
(1l Assessment for Southern California Edison's parcel is submitted under the company's SBE account 9014~800-001
Note: Totals may not foot and total Balance to Levy differs slightly from assessment roll due to rounding.
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SUCCESSORAGt:NCYAGENDA ITEM IAI IRWINDALE CITY COUNCIL CHAMBER 5050 N. IRWINDALE AVENUE IRWINDALE, CALIFORNIA 91706
JUL 12 2017
JUNE 14, 2017 WEDNESDAY 10:38 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz, Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda Also present: John Davidson, City Manager; Fred Galante, City Attorney; William Tam, Director of Public Works I City Engineer; Anthony Miranda, Police Chief; Eva Carreon, Director of Finance; Gus Romo, Director of Community Development; Mary Hull, Human Resources Manager, and Laura Nieto, Deputy City Clerk
SPONTANEOUS COMMUNICATIONS
There were no speakers.
CONSENT CALENDAR MOTION
A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
ITEM NO. 1A1 MINUTES
MINUTES None for approval.
ITEM NO. 1B WARRANTS
WARRANTS The warrants were approved.
END OF CONSENT CALENDAR ITEM NO. 1C INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY
INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY (Joint Item on City Council, Housing Authority, and Reclamation Authority Agendas)
RESOLUTION NO. SA 2017-39-2937 ADOPTED
Resolution No. SA 2017-39-2937, entitled: "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING
SUCCESSOR AGENCY MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE2
AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY," was passed, approved, and adopted, on the motion of Councilmember Burrola, seconded by Councilmember Ortiz, and unanimously approved. NEW BUSINESS
ITEM NO. 2A APPROVING THE PURCHASE AND SALE AGREEMENT OF BILLBOARD LICENSE AGREEMENT
APPROVING THE PURCHASE AND SALE AGREEMENT OF BILLBOARD LICENSE AGREEMENT
CITY ATTORNEY GALANTE
City Attorney Galante discussed the staff report.
MOTION
A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the sale and assignment of interest in the billboard license pursuant to the terms of the Purchase and Sale Agreement of Billboard License Agreement and Escrow Instructions by and between the City of Irwindale, as Successor Agency for the Irwindale Community Redevelopment Agency and Five Points, LLC, a California limited liability company. The motion was unanimously approved.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 10:41 p.m.
Laura M. Nieto, CMC Deputy City Clerk
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IRWINDALE CITY COUNCIL CHAMBER 5050 N. IRWINDALE AVENUE IRWINDALE, CALIFORNIA 91706
JUL 1 2 2017
JUNE 14, 2017 WEDNESDAY 5:30 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place. ROLL CALL:
Present: Authority Members Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Chair Mark A. Breceda Also present: John Davidson, Executive Director; Fred Galante, Authority Attorney; William Tam, Director of Public Works I City Engineer; Eva Carreon, Finance Director; Anthony Miranda, Chief of Police; Gus Romo, Director of Community Development; Mary Hull, Human Resources Manager; and Laura Nieto, Assistant Authority Secretary
RECESS TO CLOSED SESSION
At 5:30 p.m., the Housing Authority recessed to Closed Session to discuss the following: Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8 Property: 4820 Baca Avenue Negotiating Parties: Dolores Barbosa Under Negotiation: Affordable Housing Agreement and Declaration of Covenants and Restrictions ACTION:
Discussed, direction provided; no further reportable action taken (Authority Member Burrola abstaining, leaving the Closed Session room, and not participating)
Property: 16024 Calle de Paseo Negotiating Parties: Dolores Barbosa Under Negotiation: Affordable Housing Agreement and Declaration of Covenants and Restrictions ACTION:
Not discussed
Property:
16063 Peppertree Lane Irwindale Housing Authority and Martinez Adeline L. Trust Martinez Family Trust Under Negotiation: Price and terms of potential acquisition ACTION:
Discussed, update provided on the availability of the property, direction provided; no further reportable action taken (Authority Member Garcia and Vice Chair Ambriz abstaining, leaving the Closed Session room, and not participating)
JUNE 14, 2017 PAGE2
HOUSING AUTHORITY MINUTES REGULAR MEETING Property:
2424 Mountain Avenue 8534-001-901 Negotiating Parties: Housing Authority and IMO Enterprises, LLC Under Negotiation: Price and Terms ACTION:
Discussed; no further reportable action taken (Authority Member Garcia abstaining, leaving the Closed Session room, and not participating)
Property: 2428 Mountain Avenue Negotiating Parties: IMO Development and Housing Authority Under Negotiation: Price and terms of sale ACTION:
RECONVENE IN OPEN SESSION SPONTANEOUS COMMUNICATIONS
Discussed; no further reportable action taken (Authority Member Garcia abstaining, leaving the Closed Session room, and not participating)
At 10:41 p.m., the Housing Authority convened in Open Session.
None.
CONSENT CALENDAR
MOTION
A motion was made by Vice Chair Ambriz, seconded by Authority Member Ortiz, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
ITEM NO. 1A1 MINUTES
MINUTES None for approval
END OF CONSENT CALENDAR
ITEM NO. 1B INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY
INVESTMENT POLICY REVIEW AND DELEGATION OF INVESTMENT AUTHORITY (Joint Item on City Council, Successor Agency, and Reclamation Authority Agendas)
RESOLUTION NO. HA 2017-02-062 ADOPTED
Resolution No. HA 2017-02-062, entitled:
"A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD RATIFYING THE CITY OF IRWINDALE INVESTMENT POLICY,
HOUSING AUTHORITY MINUTES REGULAR MEETING
JUNE 14, 2017 PAGE3
AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY," was passed, approved, and adopted, on the motion of Authority Member Burrola, seconded by Authority Member Ortiz, and unanimously approved.
NEW BUSINESS
None.
PUBLIC HEARINGS ITEM NO. 3A ADOPTION OF FISCAL YEAR 2017-2018 BUDGETS AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-2018
ADOPTION OF FISCAL YEAR 2017-2018 BUDGETS AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-2018
RESOLUTION NO. HA 2017-03-063 ADOPTED
Resolution No. HA 2017-03-063, entitled:
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 10:43 p.m.
For full details, please see the City Council minutes of June 14, 2017
"A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY ESTABLISHING ADOPTING THE BUDGET FOR FISCAL YEAR 2017-18," was adopted, reading by title only and waiving further reading thereof, on the motion of Vice Chair Ambriz, seconded by Chair Breceda, and unanimously approved.
Laura M. Nieto, CMC Assistant Authority Secretary
