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HomeMy WebLinkAbout755ORDINANCE NO. 755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 02-06 A. RECITALS. WHEREAS, on September 24, 2008, the City Council approved Ordinance No. 627, which authorized the Development Agreement No. 02-06 between the City and the Applicant, Calmat Co. dba as Vulcan Materials Company ("VMC), entitled "Development Agreement for Reliance I Quarry and Reliance II Landfill' ("Development Agreement"); and WHEREAS, the Development Agreement governs excavation, mining -activity, reclamation, and development of the Reliance I Quarry site and Reliance II Landfill site, which are owned and operated by VMC; WHEREAS, since the effective date of the Development Agreement, VMC conducted, and has now completed, reclamation of the Reliance II Landfill site; WHEREAS, on or about November 8, 2017, following the initiative process, the City Council adopted the Reliance II Specific Plan to establish the governing land use regulations for the development of the Reliance II Landfill site; WHEREAS, by the proposed amendment to the Development Agreement ("Amendment'), the City and VMC desire to amend the Development Agreement to reflect that reclamation of the Reliance II Landfill site has been completed and development of the Reliance II Landfill site shall be governed by the land use regulations of the Reliance II Specific Plan; WHEREAS, pursuant to Government Code Section 65868 and Section 9.0 of the Development Agreement, City and VMC may amend the Development Agreement only after notice of the amendment has been provided and the Planning Commission and City Council hold public hearings regarding the amendment; WHEREAS, on February 3, 2021, the Planning Commission found that this Ordinance and the Amendment will allow the City to better regulate the Reliance II Landfill site and allow VMC to diligently complete the Reliance II Landfill site project and recommended that the City Council adopt Ordinance No. 755; WHEREAS, on February 24, 2021, the Irwindale City Council found that Ordinance No. 755 and Amendment No. 1 to DA No. 02-06 will allow the City to better regulate the Reliance II Landfill site and allow VMC to complete the Reliance II Landfill site project; Ordinance No. 755 Page 1 WHEREAS, the City finds and determines that all actions required of City precedent to approval of this Amendment by this Ordinance of the City Council have been duly and regularly taken; and WHEREAS, on March 10, 2021, the City Council duly approved and adopted on second reading, Ordinance No. 755; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE C►TY COUNCIL OF THE CITY OF IRWINDALE ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in Recitals of this Resolution are true and correct. SECTION 2. The City Council finds that: (a) the Amendment is consistent with the general plan and any applicable specific plan; and (b) the Amendment does not change the proposed use which is consistent with the land use designation. SECTION 3. The City Council does hereby find that the Project is Categorically Exempt from the provisions of CEQA pursuant to Section 15061(b)(3), which consist of projects that have no possibility for causing a significant effect on the environment. The proposed amendment terminates VMC's rights and obligation under the Development Agreement pertaining to the Reliance II Site, and therefore, there is no potential for an effect on the environment. SECTION 4. Based on the above finding, the City Council approves the adoption of this Ordinance approving Amendment No. 1 to the Development Agreement No. 02- 06, attached hereto as Exhibit "A-1 ", and incorporated herein by reference, to provide: a. From and after the effective date of Amendment No. 1, the Development Agreement is terminated regarding the Reliance II Landfill site and shall no longer have any force or effect as to the Reliance II Landfill site; and b. The termination of the Development Agreement as to the Reliance II Landfill site shall have no effect on, or invalidate, any actions taken by the City and/or Vulcan in accordance with or in furtherance of the Development Agreement prior to the effective date of Amendment No. 1; and C. Land use and development regulations forthe Reliance II Landfill site shall be governed the Reliance II Specific Plan, as may be amended from time to time. SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not Ordinance No. 755 Page 2 affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court. ordinance. and ferthwith prepare a GeFtified GOPY of this OFdinance to be submitted to the Court in aarnplianGe with the writs of mandate. SECTION 7. This Ordinance shall take effect thirty (30) days after its adoption. The City Council hereby authorizes and directs the Mayor and the Chief Deputy City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. PASSED, APPROVED AND ADOPTED this 10th day of March 2021. H. Manuel Ortiz, Mayor WI"./.i u aura M. Nieto, MMC ief Deputy City Clerk Ordinance No. 755 Page 3 CITY OF IRWINDALE COUNTY OF LOS ANGELES } ss. STATE OF CALIFORNIA I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 755 was duly introduced by the City Council of the City of Irwindale, at a regular meeting held on the 24th day of February 2021, and was duly approved and adopted on second reading at its regular meeting held on the 10th day of March 2021, by the following vote of the Council: AYES: Councilmembers: Ambriz, Breceda, Burrola, Garcia, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Nn �QOYt ura M. Nieto, MMC Chief Deputy City Clerk Ordinance No. 755 Page 4 EXHIBIT A-1 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT FOR RELIANCE I QUARRY AND RELIANCE II LANDFILL This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT FOR RELIANCE 1 QUARRY AND RELIANCE II LANDFILL ("Amendment No. 1") is entered into as of , 2021) by and between the City of Irwindale, a municipal corporation (the "City"), and CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS COMPANY, WESTERN DIVISION ("Vulcan"). The City and Vulcan may be referred to collectively as the "Parties" and individually as a "Party". RECITALS A. On September 24, 2008, the Parties entered into that agreement entitled "Development Agreement for Reliance I Quarry and Reliance II Landfill", which was recorded on December 2, 2008 as Instrument No. 2008-2118284 of Official Records (the "Agreement"). B. The Agreement governs excavation, mining -activity, reclamation, and development of the Reliance I Quarry site and Reliance II Landfill site, which are owned and operated by Vulcan. C. Since the effective date of the Agreement, Vulcan conducted, and has now completed, reclamation of the Reliance II Landfill site. D. On or about November 8, 2017, following the initiative process, the City Council adopted the Reliance II Specific Plan to establish the governing land use regulations for the development of the Reliance II Landfill site. E. By this Amendment No. 1, the Parties desire to amend the Agreement to reflect that reclamation of the Reliance II Landfill site has been completed and development of the Reliance II Landfill site shall be governed by the land use regulations of the Reliance II Specific Plan; therefore, the Agreement shall have no further force or effect as to the Reliance 11 Landfill site. UAITITR 1. Amendments to Agreement. The Agreement is amended as provided herein: a. From and after the effective date of Amendment No. 1, the Agreement is terminated regarding the Reliance II Landfill site and shall no longer have any force or effect as to the Reliance II Landfill site, which is more particularly legally described in Exhibit A hereto and depicted in Exhibit B. Ordinance No. 755 Page 5 b. The termination of the Agreement as to the Reliance II Landfill site shall have no effect on, or invalidate, any actions taken by the City and/or Vulcan in accordance with or in furtherance of the Agreement prior to the effective date of Amendment No. 1. c. Land use and development regulations for the Reliance II Landfill site shall be governed the Reliance II Specific Plan, as may be amended from time to time. 2. Continuing Effect of Agreement on Reliance I Quarry Site. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect regarding the Reliance I Quarry site. From and after the date of this Amendment, whenever the term "Agreement)' appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Vulcan each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. 4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] Ordinance No. 755 Page 6 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date and year first -above written. ATTEST: Laura M. Nieto, Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Adrian R. Guerra, City Attorney CITY: CITY OF IRWINDALE, a California municipal corporation H. Manuel Ortiz, Mayor VULCAN: CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS COMPANY, WESTERN DIVISION gy: Name: Title: Ordinance No. 755 Page 7 PARCEL "A": THAT PORTION OF LOT 31 IN SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED SOUTHERLY BY THE NORTHERLY BOUNDARY OF PARCEL 1A OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION ENTERED IN COUNTY OF LOS ANGELES SUPERIOR COURT CASE NO. 898 645 A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 29, 1968 AS INSTRUMENT NO. 3408 IN BOOK D4082 PAGE 240 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL "B": THAT PORTION OF LOT 6, IN SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHERLY BY THE CENTER LINE OF FOOTHILL BOULEVARD 100 FEET WIDE, AS PER DEED RECORDED IN BOOK 7154 PAGE 280 OF OFFICIAL RECORDS OF SAID COUNTY AND RECORDED IN BOOK 7134, PAGE 165 OF SAID OFFICIAL RECORDS. PARCEL "C": THAT PORTION OF LOT 7, IN SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED SOUTHERLY BY THE NORTHERLY LINE OF PARCEL 1A OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION ENTERED IN COUNTY OF LOS ANGELES SUPERIOR COURT CASE NO. 898 645 A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 29, 1968 AS INSTRUMENT NO, 3408 IN BOOK D4082 PAGE 240 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL "D": THAT PORTION OF LOT 15, IN SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED SORTHERLYAND EASTERLY BY THE NORTHERLYAND WESTERLY BOUNDARIES OF PARCELS 1A AND 1H RESPECTIVELY OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION ENTERED IN COUNTY OF LOS ANGELES SUPERIOR COURT CASE NO, 898 645 A CERTIFIED COPY OF WHICH Ordinance No, 755 Page 8 WAS RECORDED ON JULY 29, 1968 AS INSTRUMENT NO. 3408 IN BOOK D40823 PAGE 240 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL "E THAT PORTION OF LOT 16, IN SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHERLY BY THE CENTER LINE OF FOOTHILL BOULEVARD 100 FEET WIDE, AS PER DEED RECORDED IN BOOK 7154, PAGE 280 OF OFFICIAL RECORDS OF SAID COUNTY AND RECORDED IN BOOK 7134, PAGE 165 OF OFFICIAL RECORDS OF SAID COUNTY, BOUNDED EASTERLY BY THE WESTERLY BOUNDARIES OF PARCEL 1H OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION ENTERED IN COUNTY OF LOS ANGELES SUPERIOR COURT CASE NO. 898 645, A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 29, 1968 AS INSTRUMENT NO. 3408 IN BOOK D4082, PAGE 240 OF SAID OFFICIAL RECORDS, AND ALSO BOUNDED EASTERLY BY THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO SOUTHERN PACIFIC RAILROAD COMPANY RECORDED AUGUST 25, 1953 AS INSTRUMENT NO, 1713, IN BOOK 42540, PAGE 267 OF SAID OFFICIAL RECORDS. AFOREMENTIONED PARCELS "A," "B," "C," "D," AND "E," TAKEN AS A WHOLE, ARE DESCRIBED AND DEPICTED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE NO, 01-2019 RECORDED NOVEMBER 18, 2019 AS INSTRUMENT NO. 20191255285 OF OFFICIAL RECORDS. Ordinance No. 755 Page 9 EXHIBIT B PLAT GRAPHIC SCALE I Inch ® 500 PL. WESTERLY LINE OF S,P,R,R, ` PER DEED, INST, 1713, BOOK 42540 PAGE 267, O.R. `.� BOULEVARD WESTERLY LINE RANCHO C2 - - - -LT. - AZUSA DE DALTON PARCEL 116 " SUSTIMSION Yam. 2 , , PARCEL "E" - - Pm LOP 6 J PM LOT 16 C4 14 LIS L17 ��}} eR A AZT. A MNI) & WAMI M LL+y{ f D ! a 9 PARCEL "C" D PARCEL "D" J �? . LOT 7 FOR LOT ti PtRt LOP 3 S--Q- Mk K 43 PAW 44 vv 4 ,` 0 A FO ``. ` La J ~C8 INDICATES NO '"ICUtAR ACCESS SURVEYOR'S NOTE: DaIRI )R BOUNDARY INFORMATION SHOWN HEREIN WAS TAKEN OR CALCULATED FROM RECORD OF SURVEY, FILED IN 800K 184, PAGES SEE SHEE12 FOR LINE AND CURVE TABLES. 4,7 OF RECORD Of SURVEYS, RECORDS OF LOS ANGELES COUNTY, EASEMENTS AND NOTES. AfirFJOHNSON-FRANK ASSOC„ INC. CERTIFICATE OF COMPLIANCE LAND SURVETUic - ?AkP NG SKETCH TO ACCOMPANY LEGAL DESCRIPTION 5150 F. HUNTER AVENUE ANAHEIM, GAUFORNIA 82107-2048 DATE AVGVSf 1B 2019 SHEET 1 OF 2 (714) 777-8577 FAH( (714) 777-1641 Ordinance No. 755 Page 10