Agenda, regular meeting — Industry City Council, October 10, 2024

CITY OF INDUSTRY

CITY COUNCIL

REGULAR MEETING

CAT OF MOUSED
AGENDA
Mayor Cory C. Moss
Mayor Pro Tem Michael Greubel
OCTOBER 10, 2024 Council Member Steve Marcucci
Council Member Mark D. Radeck
9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
Addressing the City Council:

Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda.

In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council. < Public Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.

Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.

At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement.
www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 298 919 223 256
Meeting Passcode: ppnSLh
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 949 393 321#
Americans with Disabilities Act:

In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting
Agendas and other writings:

In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 10, 2024
PAGE NO. 1
Call to Order
Flag Salute
AB 2449 Vote on Emergency Circumstances (if necessary)
Roll Call
Presentations

CONSENT CALENDAR

6.1 Consideration of the Register of Demands for October 10, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 Consideration of the minutes of July 11, 2024 regular meeting, July 11, 2024 special meeting, July 25, 2024 regular meeting, and the August 22, 2024 regular meeting
RECOMMENDED ACTION: Approve as submitted.

6.3 Consideration of a Maintenance Services Agreement with TBS Cleaning Services for janitorial services at the Workman and Temple Family Homestead Museum offices, in the amount of $35,700.00, through October 1, 2029
RECOMMENDED ACTION: Approve the Agreement.

6.4 Consideration of Amendment No. 1 to the Professional Services Agreement with D.S. Ewing Architects, Inc., to provide architectural design services for the City Council Chambers and IBC Building Improvement project, increasing compensation in the amount of $35,000.00 RECOMMENDED ACTION: Approve Amendment
No. 1.

6.5 Consideration of Amendment No. 2 to the Professional Services Agreement with D. S. Ewing Architects, Inc. for conceptual master plan design services for the Workman and Temple Homestead Museum, and El Encanto Healthcare and Habilitation Center campus, extending the term through June 30, 2025, and increasing compensation by $50,000.00 RECOMMENDED ACTION: Approve Amendment No.

2. CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 10, 2024
PAGE NO. 2

7. ACTION ITEMS

7.1 Consideration of the following related to the City's adoption of Sidewalk Vending Regulations:
a. Ordinance No. 832, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 5 (LICENSES &

REGULATIONS) OF THE CITY OF INDUSTRY MUNICIPAL CODE,
ADDING CHAPTER 5.24 (SIDEWALK VENDING), AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME, AND MAKING

FINDINGS IN SUPPORT THEREOF
b. Resolution No. CC 2024-42 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING A POLICY FOR

THE REMOVAL OF SIDEWALK VENDING ITEMS FROM THE PUBLIC

RIGHT-OF-WAY, AND ADOPTING A NOTICE OF EXEMPTION

REGARDING SAME
c. Resolution No. CC 2024-43 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF INDUSTRY, CALIFORNIA, ESTABLISHING FEES

RELATING TO SIDEWALK VENDING REGULATIONS, AND ADOPTING

A NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 832 and read by title only; 2) Introduce Ordinance No. 832; 3) Adopt Resolution No. CC 2024-42; and 4) Adopt Resolution No. CC 2024-43.

PUBLIC HEARINGS - NONE

9. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Cruz v. Radecki, et al
Case No.: Los Angeles Superior Court Case No. 24STCV16690

9.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case

9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 150 N Hacienda Blvd, City of Industry, CA
91744
Assessor Parcel Numbers 8208-025-951

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 10, 2024
PAGE NO. 3
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Fred Kaplan
Under Negotiation: Price and terms of payment

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. PUBLIC COMMENTS

14. Adjournment. The next regular City Council Meeting is Thursday, October 24, 2024, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 10, 2024

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF OCTOBER 10, 2024
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 1,877,139.21
103 PROP A FUND 42,869.75
107 MEASURE W FUND 110,923.23
120 CAPITAL IMPROVEMENTS 265,627.34
TOTAL ALL FUNDS 2,296,559.53
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BANK OF AMERICA - CKING ACCOUNT 72,863.30
PROP/A PROP A - CKING ACCOUNT 42,869.75
MAN MEASURE W - CKING ACCOUNT 110,923.23
WFBK WELLS FARGO - CKING ACCOUNT 2,069,903.25
TOTAL ALL BANKS 2,296,559.53

APPROVED PER CITY MANAGER DATE
10/3/24
CITY OF INDUSTRY P. 1

BANK OF AMERICA
October 10, 2024
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1383 09/23/2024 CAL-PERS $66,591.38
Invoice Date Description Amount
OCT-24 09/23/2024 CALPERS MEDICAL PREMIUM FOR OCTOBER 2024 $66,591.38 WT1384 09/27/2024 JOHN HANCOCK USA $6,271.92
Invoice Date Description Amount
8/31/24-9/13/24 09/27/2024 PARS CONTRIBUTIONS FOR 8/31/24-9/13/24 $6,271.92 Checks Status Count Transaction Amount
Total 2 $72,863.30
CITY OF INDUSTRY P. 2
PROP A
October 10, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90619 09/25/2024 SOUTHERN CALIFORNIA EDISON $260.29
Invoice Date Description Amount
2025-00000513 09/20/2024 8/21-9/19-24SVC-600 S BREA CYN RD B $260.29 90620 10/10/2024 CNC ENGINEERING $28,466.25
Invoice Date Description Amount
511085 09/26/2024 ANNUAL BUS STOP ADA IMPROVEMENTS $1,818.75 511086 09/26/2024 FULLERTON RD GRADE SEPARATION $13,327.50 511087 09/26/2024 FAIRWAY DR GRADE SEPARATION $112.50
511088 09/26/2024 TURNBULL CYN RD GRADE SEPARATION $13,207.50 90621 10/10/2024 INDUSTRY SECURITY SERVICES $14,143.21
Invoice Date Description Amount
1380 06/28/2024 SECURITY SVC-METROLINK $2,683.20
SG-ML-2004 09/20/2024 SECURITY SVC-METROLINK $2,782.40
SG-ML-2003 09/13/2024 SECURITY SVC-METROLINK $2,834.57
SG-ML-2002 09/06/2024 SECURITY SVC-METROLINK $3,060.64
SG-ML-2005 09/27/2024 SECURITY SVC-METROLINK $2,782.40
Checks Status Count Transaction Amount
Total 3 $42,869.75
CITY OF INDUSTRY P. 3

MEASURE W
October 10, 2024
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300114 10/10/2024 CASC ENGINEERING AND CONSULTIN $1,710.00 Invoice Date Description Amount
51914 08/31/2024 NPDES CONSULTING SVC $1,710.00
300115 10/10/2024 CIVILTEC ENGINEERING, INC $2,352.00
Invoice Date Description Amount
51513 09/12/2024 FOUR GRADE SEPARATION PUMP STATIONS $2,352.00 300116 TZ0Z/01/OL CNC ENGINEERING $10,910.00
Invoice Date Description Amount
511082 09/26/2024 NPDES STORM WATER $1,710.00
880LL9 09/26/2024 REPAIRS/UPGRADES TO CITY OWNED PUMP STATION $805.00 511084 09/26/2024 FOUR GRADE SEPARATION PUMP STATIONS $8,395.00 300117 10/10/2024 L A COUNTY DEPT OF PUBLIC WORKS $41,851.82 Invoice Date Description Amount
SA250000072 09/26/2024 FY 23124 CATCH BASIN CLEANUP $6,627.31 SA250000054 09/19/2024 FY 23/24 CATCH BASIN CLEANOUT $35,224.51 300118 10/10/2024 LOS ANGELES COUNTY PUBLIC WORI $54,099.41 Invoice Date Description Amount
PW-24090901179 09/09/2024 PUMP HOUSE MAINT $53,891.52
PW-24090901164 09/09/2024 PUMP HOUSE MAINT $207.89
Checks Status Count Transaction Amount
Total 5 $110,923.23
CITY OF INDUSTRY P. 4

WELLS FARGO WIRE TRANSFERS
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10061 09/25/2024 WELLS FARGO $20,332.19
Invoice Date Description Amount
8/2-9/3/24-J 09/03/2024 CREDIT CARD EXPENSE P/E 9/3/24-J $13,643.24 8/2-9/3/24-S 09/03/2024 CREDIT CARD EXPENSE P/E 9/3/24-S $400.00 8/2-9/3/24-V 09/03/2024 CREDIT CARD EXPENSE P/E 9/3/24-V $6,288.95 Checks Status Count Transaction Amount
Total 1 $20,332.19
•
CITY OF INDUSTRY P. 5

WELLS FARGO VOIDED CHECKS
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83799 09/25/2024 09/25/2024 SUBURBAN WATER SYSTEMS ($1,165.65) Invoice Date Description Amount

VOIDED-INCORRECT VENDOR
5099529 09/09/2024 8/1-8/31/24 SVC-FERRERO & GRAND EAST RAMP ($1,165.65) Checks Status Count Transaction Amount
Total 1 ($1,165.65)
CITY OF INDUSTRY P. 6

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83791 09/25/2024 FRONTIER $711.28
Invoice Date Description Amount
2025-00000499 09/10/2024 9/10-10/9/24 SVC-600 S BREA CYN RD $357.10 2025-00000519 09/16/2024 9/16-10/15/24 SVC-PH AUTO PLAZA $239.79 2025-00000520 09/16/2024 9/16-10/15/24 SVC-BREA CYN PUMP STN $114.39 83792 09/25/2024 INDUSTRY PUBLIC UTILITY COMMISSI $24,280.79 Invoice Date Description Amount
2025-00000500 09/13/2024 8/1-9/1/24 SVC-600 S BREA CYN RD CHARGING STN $11,956.73 2025-00000501 09/13/2024 8/1-9/1/24 SVC-600 BREA CYN RD $12,324.06 83793 TZ0Z/SZ/60 LAND OF THE FREE FOUNDATION $25,000.00 Invoice Date Description Amount
9/12/2024 09/12/2024 SPONSORSHIP-ANNUAL VETERANS PROGRAM $25,000.00 16488 09/25/2024 MUTUAL OF OMAHA - PAYMENT PROC $1,012.50 Date Description Amount
8/30/2024 08/30/2024 LIFE INSURANCE PREMIUM-JOSH (OCT-DEC 2024) $1,012.50 83795 +20Z/92/60 SAN GABRIEL VALLEY WATER CO. $4,061.27 Invoice Date Description Amount
2025-00000516 09/12/2024 817-9/11/24 SVC-13756 VALLEY $3,156.67 4500009202 09/12/2024 817-9/11/24 SVC-123 IRRIG WORKMAN MILL $380.70 80000009202 09/12/2024 817-9/11/24 SVC-132 IRRIG PUENTE $523.90 83796 09/25/2024 SOCALGAS $32.14
Invoice Date Description Amount
CITY OF INDUSTRY P. 7

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000514 09/17/2024 8/13-9/13/24 SVC-610 S BREA CYN $16.85 2025-00000515 09/17/2024 8/13-9/13/24 SVC-1004 U FAIRWAY DR $15.29 83797 09/25/2024 SOUTHERN CALIFORNIA EDISON $6,149.51
Invoice Date Description Amount
2025-00000521 09/19/2024 8/15-9/15/24 SVC-19001 TONNER CYN RD $73.66 2025-00000522 09/19/2024 8/20-9/18/24 SVC-VARIOUS SITES $103.74 2025-00000523 09/20/2024 8/21-9/19/24 SVC-580 BREA CYN RD $21.94 2025-00000524 09/20/2024 8/21-9/19/24 SVC-1004 U FAIRWAY DR $699.73 2025-00000525 09/20/2024 8/21-9/19/24 SVC-1007 LAWSON ST TC1 $82.51 2025-00000526 09/14/2024 8/1-8/31/24 SVC-600 S BREA CYN METROLINK $140.40 2025-00000527 09/16/2024 8/15-9/15/24 SVC-1023 U FAIRWAY DR $261.66 2025-00000528 09/16/2024 8/15-9/15/24 SVC-17635 GALE AVE $4,471.66 2025-00000529 09/16/2024 8/15-9/15/24 SVC-VARIOUS SITES $94.18 2025-00000530 09/16/2024 8/15-9/15/24 SVC-PECK RD S/O PELLISSIER $31.43 2025-00000531 09/16/2024 8/15-9/15/24 SVC-1341 FULLERTON RD $168.60 83798 09/25/2024 SPARKLETTS $236.80
Invoice Date Description Amount
21654939 092024 09/20/2024 WATER DELIVERY $236.80
83799 09/25/2024 09/25/2024 SUBURBAN WATER SYSTEMS $1,165.65 Invoice Date Description Amount
5099529 09/09/2024 8/1-8/31/24 SVC-FERRERO & GRAND EAST RAMP $1,165.65 83800 09/25/2024 WALNUT VALLEY WATER DISTRICT $4,456.02 Invoice Date Description Amount
CITY OF INDUSTRY P. 8

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
5100335 09/11/2024 8/1-8/31/24 SVC-PUMP STN NAW CHERYL LN/MAYO $39.64 5100598 09/11/2024 8/1-8/31/24 SVC-1004 U FAIRWAY DR GRADE SEP $39.64 5100584 09/11/2024 8/1-8/31/24 SVC-NOGALES PUMP STN $75.90 5100355 09/11/2024 8/1-8/31/24 SVC-PUMP STN BREA CYN $77.22 5099428 09/09/2024 8/1-8/31/24 SVC-IRR 820 FAIRWAY DR $75.90 5099479 09/09/2024 8/1-8/31/24 SVC-LEMON AVE N OF CURRIER RD $144.98 5099593 09/09/2024 8/1-8/31/24 SVC-60 FWY INTERCHANGE FAIRWAY DR $32.01 5099513 09/09/2024 8/1-8/31/24 SVC-BREA CYN RD & OLD RANCH RD $83.15 5099574 09/09/2024 8/1-8/31/24 SVC-21350 VALLEY-MEDIAN $144.98 9L96609 09/09/2024 8/1-8/31/24 SVC-GRAND CROSSING EAST $80.86 9L96609 09/09/2024 8/1-8/31/24 SVC-GRAND CROSSING WEST $115.21 LLS6609 09/09/2024 8/1-8/31/24 SVC-BAKER PKWY & GRAND N/W CNR $891.14 5099584 09/09/2024 8/1-8/31/24 SVC-E/S GRAND S/O BAKER PKWY $117.12 099590 09/09/2024 8/1-8/31/24 SVC-BREA CYN N OF RR TRKS $528.94 L696609 09/09/2024 8/1-8/31/24 SVC-BREA CYN N OF CURRIER $70.94 5099547 09/09/2024 8/1-8/31/24 SVC-BAKER PKWY METER #1 $185.11 5099548 09/09/2024 8/1-8/31/24 SVC-BAKER PKWY METER #2 $232.98 $996609 09/09/2024 8/1-8/31/24 SVC-GRAND AVE CROSSING $310.15 9996609 09/09/2024 8/1-8/31/24 SVC-GRAND AVE CROSSING $119.38 5099557 09/09/2024 8/1-8/31/24 SVC-22002 VALLEY BLVD $754.12 5099615 09/09/2024 8/1-8/31/24 SVC-21627 GRAND CROSSING PKWY #3 $166.54 5099616 09/09/2024 8/1-8/31/24 SVC-21627 GRAND CROSSING PKWY #4 $170.11 83801 09/26/2024 WALNUT VALLEY WATER DISTRICT $1,163.65 Invoice Date Description Amount
5099529-A 09/09/2024 8/1-8/31/24 SVC-FERRERO & GRAND EAST RAMP $1,163.65 CITY OF INDUSTRY P. 9

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83802 10/01/2024 CITY OF HOPE $2,500.00
Invoice Date Description Amount
9/26/2024 09/26/2024 DONATION-2024 WALK FOR HOPE $2,500.00 83803 10/01/2024 DELHAVEN COMMUNITY CENTER $25,000.00
Invoice Date Description Amount
9/26/2024 09/26/2024 DONATION FOR "BECAUSE WE CARE" PROGRAM $25,000.00 83804 10/01/2024 FIDELITY SECURITY LIFE INSURANCE $1,205.35 Invoice Date Description Amount
166492738 10/01/2024 VISION PREMIUM FOR OCTOBER 2024 $1,205.35 33805 10/01/2024 HUMANA INSURANCE COMPANY $7,092.02
Invoice Date Description Amount
389690486 09/13/2024 DENTAL PREMIUM FOR OCTOBER 2024 $7,092.02 83806 10/01/2024 MUTUAL OF OMAHA - PAYMENT PROC $8,430.21 Invoice Date Description Amount
1764062535 09/16/2024 LIFE INS PREMIUM FOR OCTOBER 2024 $8,430.21 83807 10/01/2024 UNUM LIFE INSURANCE COMPANY OF $7,383.60 Invoice Date Description Amount
10/1-10/31/24 09/18/2024 LONG TERM CARE PREMIUM FOR OCTOBER 2024 $7,383.60 33808 10/02/2024 SOCALGAS $15.29
Invoice Date Description Amount
2025-00000534 09/23/2024 8/19-9/19/24 SVC-13756 VALLEY BLVD $15.29 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83809 10/02/2024 SOUTHERN CALIFORNIA EDISON $14,811.61
Invoice Date Description Amount
2025-00000532 09/16/2024 8/12-9/15/24 SVC-VARIOUS SITES $2,378.81 2025-00000533 09/15/2024 8/15-9/15/24 SVC-VARIOUS SITES $12,432.80 83810 10/10/2024 ACORN TECHNOLOGY SERVICES $19,200.00
Invoice Date Description Amount
11641 09/01/2024 NETWORK MAINT $19,200.00
83811 10/10/2024 ADVANTEC CONSULTING ENGINEERS $14,103.75 Invoice Date Description Amount
412-00- 07/12/2024 INTELLIGENT TRANSPORTATION SYSTEM $12,353.75 422-0820-5 08/13/2024 INTELLIGENT TRANSPORTATION SYSTEM $1,750.00 83812 TZz/0 AIRESPRING INC $1,355.36
Date Description Amount
06880068L 09/16/2024 INTERNET SVC-HOMESTEAD $1,355.36
83813 ARAMARK REFRESHMENT SERVICES $85.57
Invoice Date Description Amount
ZLELESTOL 09/23/2024 COFFEE SVC & SUPPLIES $85.57
83814 AVANT-GARDE, INC $440.00
Date Description Amount
gELOL 09/09/2024 PROJ MGMT-CITYWIDE BRIDGES $440.00
CITY OF INDUSTRY P. 11

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83815 10/10/2024 B2 PRINT, LLC $163.30
Invoice Date Description Amount
0012966 09/17/2024 BUSINESS CARDS-JOSH & SAM $163.30
83816 10/10/2024 BAVCO $747.27
Invoice Date Description Amount
294760 09/17/2024 BACKFLOW TEST-CITY HALL $747.27
83817 10/10/2024 BIGGS CARDOSA ASSOCIATES, INC. $482.50 Invoice Date Description Amount
91566 09/05/2024 ANAHEIM-PUENTE RD OVER SAN JOSE CREEK $306.00 91589 09/05/2024 AZUSA AVE BRIDGE REPAINTING $176.50
83818 10/10/2024 BLAKE AIR CONDITIONING COMPANY $14,967.13 Invoice Date Description Amount
15277-001 09/10/2024 HVAC MAINT-EL ENCANTO $14,624.00
67221 09/13/2024 HVAC INSPECT-CITY HALL $343.13
83819 10/10/2024 CASC ENGINEERING AND CONSULTIN $3,813.50 Invoice Date Description Amount
0051989 08/31/2024 14940 PROCTOR AVE $3,592.50
0051987 08/31/2024 IS/MND FOR 20701 CURRIER RD $221.00
83820 10/10/2024 CHEM PRO LLC $1,083.20
Invoice Date Description Amount
IN164230 09/03/2024 WATER TREATMENT-VARIOUS SITES $1,083.20 CITY OF INDUSTRY P. 12

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83821 10/10/2024 CINTAS CORPORATION LOC 693 $351.80
Invoice Date Description Amount
4206024913 09/23/2024 DOOR MATS $116.77
9290147599 09/30/2024 LEASE FOR AED MACHINE-CITY HALL $118.26 4206747856 09/30/2024 DOOR MATS $116.77
83822 10/10/2024 CITY OF INDUSTRY $71.28
Invoice Date Description Amount
2025-00000009 08/31/2024 IH FUELS PUMP-CITY HALL VEHICLES $71.28 83823 10/10/2024 CITY OF INDUSTRY-PAYROLL ACCT $200,000.00 Invoice Date Description Amount
PR P/E 9/13/24 09/24/2024 REPLENISH PAYROLL P/E 9/13/24 $200,000.00 83824 10/10/2024 CIVICPLUS, LLO $18,976.35
Invoice Date Description Amount
318047 09/30/2024 ANNUAL AGENDA MGMT SOFTWARE $10,740.00 317841 09/26/2024 ANNUAL WEBSITE HOST $8,236.35
83825 10/10/2024 CNC ENGINEERING $201,436.63
Invoice Date Description Amount
511019 09/26/2024 SOLAR INSTALLATION AT CITY HALL $4,255.00 511020 09/26/2024 CITYWIDE ADA SELF-EVALUATION/TRANSITION PLAN $2,081.25 511021 09/26/2024 KELLA AVE STORM DRAIN $7,070.00
511022 09/26/2024 FULLERTON RD RECONSTRUCTION $320.00
511023 09/26/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $285.00 511024 09/26/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $9,637.50 CITY OF INDUSTRY P. 13

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
511025 09/26/2024 GENERAL ENG SVC-TRAFFIC $3,825.00
511026 09/26/2024 GENERAL ENG SVC-COUNTER SERVICE $3,900.00 511027 09/26/2024 GENERAL ENG SVC-PERMITS $26,852.50
511028 09/26/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAL $4,390.00 511029 09/26/2024 GENERAL ENG SVC-PLAN APPROVAL $17,722.50 511030 09/26/2024 GENERAL ENG SVC 9/9-9/22/24 $92,964.13 511031 09/26/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAC $2,755.00 511032 09/26/2024 TONNER CYN PROPERTY $146.25
511033 09/26/2024 COLIMA RD WIDENING $427.50
511034 09/26/2024 CHINO RANCH #1 DAM RENOVATION $2,800.00 511035 09/26/2024 SALT LAKE AVE IMPROVEMENTS $190.00
511036 09/26/2024 NELSON AVE RESURFACING $940.00
511037 09/26/2024 CIVIC CENTER PLANNING AND IMRPOVEMENTS $935.00 511038 09/26/2024 CITY ADMINISTRATIVE OFFICES $2,430.00 511039 09/26/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $230.00 511040 09/26/2024 CITY COUNCIL CHAMBER & IBC BUILDING IMPROVEME $857.50 511041 09/26/2024 HOMESTEAD MUSEUM IMPROVEMENTS $772.50 09/26/2024 VALLEY BLVD CORRIDOR CO-OP PROJECT WITH LA C $1,406.25 09/26/2024 SHERIFF TRAILER SITE $740.00
511044 09/26/2024 METROLINK-MAINT OF PARKING LOT $7,868.75 511045 09/26/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $3,745.00 511046 09/26/2024 EL ENCANTO IMPROVEMENTS AND MAINT $1,767.50 511047 09/26/2024 SAN JOSE AVE RECONSTRUCTION $122.50
83826 10/10/2024 CNC ENGINEERING $136,170.00
Invoice Date Description Amount
511048 09/26/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $1,288.75 CITY OF INDUSTRY P. 14

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
511049 09/26/2024 SEISMIC RETROFIT ANAHEIM-PUENTE OVER SAN JOS $450.00 511050 09/26/2024 205 HUDSON AVE $688.75
511051 09/26/2024 FISCAL YEAR BUDGET $1,812.50
511052 09/26/2024 BIXBY DR PCC PAVEMENT $5,752.50
511053 09/26/2024 TURNBULL CYN PROPERTIES $145.00
511054 09/26/2024 VARIOUS ASSIGNMENTS RELATED TO SA $832.50 511055 09/26/2024 NELSON AVE INTERSECTION $9,777.50
511056 09/26/2024 MAINT OF 1123 HATCHER AVE $1,216.25
511057 09/26/2024 15559-15650 RAUSCH RD (POST OFFICE) $543.75 511058 09/26/2024 2024 CITYWIDE SPEED SURVEY $675.00
511059 09/26/2024 CARTEGRAPH MGMT $25,600.00
511060 09/26/2024 FULLERTON RD RECONSTRUCTION $5,767.50 511061 09/26/2024 GRAND AVE SLOPE RECONSTRUCTION-FERRERO TO $5,001.25 511062 09/26/2024 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $4,500.00 511063 09/26/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $3,900.00 511064 09/26/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $380.00 511066 09/26/2024 GALE AVE RESURFACING $1,382.50
511067 09/26/2024 2022-2023 ANNUAL PAVEMENT REHABILITATION $42,435.00 09/26/2024 2022-2023 ANNUAL SLURRY SEAL $1,912.50
09/26/2024 DON JULIAN RD IMPROVEMENTS $2,025.00
09/26/2024 CITYWIDE WAYFINDING DIRECTIONS SIGNAGE $570.00 511071 09/26/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $760.00 511072 09/26/2024 RAILROAD STREET PAVEMENT REHABILITATION $1,140.00 511073 09/26/2024 9TH AVE PAVEMENT REHABILITATION $3,585.00 511074 09/26/2024 CITYWIDE SIGNAGE UPDATE $6,120.00
511075 09/26/2024 CALIFORNIA AVE WIDENING $4,465.00
511076 09/26/2024 SR57/60 CONFLUENCE IMPROVEMENT $450.00 CITY OF INDUSTRY P. 15

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
511077 09/26/2024 GRAND AVE BRIDGE WIDENING AT SAN JOSE CREEK $1,353.75 511065 09/26/2024 2024-2025 CIVIC CENTER DECORATIVE LIGHTING $1,640.00 83827 10/10/2024 CODE 3 CREATIONS $3,017.82
Invoice Date Description Amount
2228 09/16/2024 INDUCTEE PLAQUE (24X18)-CHARITY PRO RODEO $3,017.82 83828 10/10/2024 CONSOLIDATED ELECTRICAL DISTRIE $171.61 Invoice Date Description Amount
3301-1017087 07/09/2024 GLOBE TOPPER FOR LIGHT POLE-CITY HALL $171.61 83829 10/10/2024 D.S. EWING ARCHITECTS, INC. $15,934.04 Invoice Date Description Amount
24-11697 08/28/2024 IBC CHAMBER & BLDG IMPROVEMENT PROJ $15,934.04 83830 10/10/2024 DB SALES & SERVICE $9,859.00
Invoice Date Description Amount
22663 09/11/2024 REPLACE DIFFUSERS FOR BOILERS-EL ENCANTO $9,859.00 83831 10/10/2024 DEPT OF ANIMAL CARE & CONTROL $6,014.99 Invoice Date Description Amount
9/25/2024 09/25/2024 SHELTER COST-AUG 2024 $6,014.99
83832 ELEVATE PUBLIC AFFAIRS, LLC $23,000.00
Invoice Date Description Amount
3868 05/28/2024 SPECIAL EVENTS CONSULTING-MAY 2024 $8,000.00 3875 06/05/2024 MEDIA CONSULTING-MAY 2024 $15,000.00
CITY OF INDUSTRY P. 16

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83833 10/10/2024 ENTERPRISE MAPS LLC $7,515.00
Invoice Date Description Amount
221 09/18/2024 AMAZON WEB SERVICES $3,414.60
222 09/23/2024 AMAZON WEB SERVICES $4,100.40
83834 10/10/2024 FUEL PROS, INC. $250.00
Invoice Date Description Amount
75650 09/16/2024 INDUSTRY HILLS FUEL STN MAINT $250.00
83835 10/10/2024 GARCIA'S FENCE CORP $11,814.00
Invoice Date Description Amount
092413 09/24/2024 REPAIR FENCE-INDUSTRY TRAIL NEAR AZUSA $11,814.00 83836 10/10/2024 HADDICK'S TOWING, INC. $500.00
Invoice Date Description Amount
2744 08/28/2024 TOWING SVC-TONNER CYN $500.00
83837 10/10/2024 HARDT, JULIE $1,195.32
Invoice Date Description Amount
9/19/2024 09/19/2024 REIMBURSE FOR TRAVEL EXPENSE-PAYROLL CONFE $1,195.32 83838 10/10/2024 HISTORICAL RESOURCES, INC. $800.00
Invoice Date Description Amount
62224 09/25/2024 TUNE & CLEAN 3 PIANOS-HOMESTEAD $800.00 83839 10/10/2024 INDUSTRY BUSINESS COUNCIL $173,868.14
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
JUNE 2024 09/11/2024 EXPENSE REIMBURSEMENT-JUN 2024 $173,868.14 83840 10/10/2024 INDUSTRY SECURITY SERVICES $137,631.93 Invoice Date Description Amount
SG-COI#1-2003 09/13/2024 SECURITY SVC 9/6-9/12/24 $10,839.60 SG-COI#1-2004 09/20/2024 SECURITY SVC 9/13-9/19/24 $10,839.60 SG-COI#2-2004 09/13/2024 SECURITY SVC-VARIOUS CITY SITES $23,024.36 SG-COI#2-2003 09/13/2024 SECURITY SVC-VARIOUS CITY SITES $23,006.97 SG-COI#1-2002 09/06/2024 SECURITY SVC 8/30-9/5/24 $11,433.20 SG-COI#2-2002 08/23/2024 SECURITY SVC-VARIOUS CITY SITES $24,624.24 SG-COI#1-2005 09/27/2024 SECURITY SVC 9/20-9/26/24 $10,839.60 SG-COI#2-2005 09/2712024 SECURITY SVC-VARIOUS CITY SITES $23,024.36 83841 10/10/2024 IRRI-CARE PLUMBING & BACKFLOW 1 $275.00 Invoice Date Description Amount
16832 09/13/2024 BACKFLOW TESTS-IBC $165.00
16831 09/13/2024 BACKFLOW TEST-CITY HALL $55.00
16830 09/13/2024 BACKFLOW TEST-17401 VALLEY BLVD $55.00 83842 10/10/2024 JOE A. GONSALVES & SON $11,000.00
Invoice Date Description Amount
161940 09/23/2024 LEGISLATIVE SVC-SEP 2024 $11,000.00
83843 10/10/2024 KLEINFELDER, INC. $2,850.75
Invoice Date Description Amount
001499639 09/20/2024 GALE AVE RESURFACING $2,850.75
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
• October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83844 10/10/2024 KLINE'S PLUMBING, INC. $4,616.89
Invoice Date Description Amount
13678 08/30/2024 REPAIR BOILER-EL ENCANTO $4,616.89
83845 10/10/2024 LA COUNTY DEPT OF PUBLIC WORKS $72,339.99 Invoice Date Description Amount
IN250000120 08/29/2024 ACCIDENT-DON JULIAN RD @TURNBULL CYN $918.97 IN250000118 08/29/2024 ACCIDENT-BIXBY DR @ GALE AVE $49,161.09 IN250000121 08/29/2024 ACCIDENT-HACIENDA BLVD @ VALLEY BLVD $22,259.93 83846 10/10/2024 LA COUNTY DEPT OF PUBLIC WORKS $37,427.23 Invoice Date Description Amount
IN250000184 09/19/2024 BLDG & SAFETY-ONE STOP SHOP FOR JUL 2024 $37,427.23 33847 10/10/2024 L A COUNTY SHERIFF'S DEPARTMENT $180,325.24 Invoice Date Description Amount
250500MR 09/26/2024 SPECIAL EVENT-DIRECTED PATROL (JUL 2024) $105,808.30 250492MR 09/24/2024 SPECIAL EVENT-DIRECTED PATROL (AUG 2024) $74,516.94 83848 10/10/2024 LA PUENTE VALLEY COUNTY WATER $289.33
Invoice Date Description Amount
BS;09/24 09/18/2024 WATER MONITORING-BOY SCOUTS RESERVE $289.33 83849 10/10/2024 LA PUENTE VALLEY WOMAN'S CLUB $2,500.00 Invoice Date Description Amount
9/12/2024 09/12/2024 DONATION-CLUB HOUSE REJUVENATION PROJECT $2,500.00 CITY OF INDUSTRY P. 19

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83850 10/10/2024 LORENSO VARGAS $65.00
Invoice Date Description Amount
9/26/2024 09/26/2024 REFUND CITATION #ID152449 $65.00
83851 10/10/2024 LOS ANGELES COUNTY PUBLIC WORI $58,784.79 Invoice Date Description Amount
PW-24090901457 09/09/2024 TRAFFIC SIGNAL MAINT $2,906.82 PW-24090901456 09/09/2024 TRAFFIC SIGNAL MAINT $7,681.16 PW-24090910455 09/09/2024 TRAFFIC SIGNAL MAINT $41,198.84 PW-24090901131 09/09/2024 CONCRETE REPAIRS $1,721.11
PW-24090901132 09/09/2024 PAVEMENT PATCHING $274.01
PW-24090901196 09/09/2024 LITTER/DEBRIS REMOVAL $566.42 PW-24090901168 09/09/2024 TRAFFIC SIGNING REPAIRS $216.27 PW-24090901197 09/09/2024 PAVEMENT PATCHING $2,072.54
PW-24090901199 09/09/2024 EMERGENCY ROAD SVC $1,889.38
PW-24090901123 09/09/2024 PLAN CHECK FEE-NELSON & PUENTE INTERSECTION $258.24 83852 10/10/2024 MERRITT'S ACE HARDWARE $191.29
Invoice Date Description Amount
142440 09/03/2024 PADLOCKS-CITY HALL $92.33
141697 07/22/2024 PADLOCKS-METROLINK $43.98
141726 07/23/2024 PADLOCKS-METROLINK $54.98
83853 10/10/2024 MORTISE & TENON BUILDING CORP $9,683.01 Invoice Date Description Amount
65 09/11/2024 BOARDED UP STRUCTURES-TURNBULL CYN $845.09 CITY OF INDUSTRY P. 20

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
46 08/07/2024 REPLACE AWNING-HOMESTEAD $1,200.00
59 08/26/2024 INSTALL 8 FOUNTAIN SKIMMERS-HOMESTEAD $1,087.92 72 09/24/2024 50% DEPOSIT-REMOVE & REPAIR TERMITE DAMAGE ( $6,250.00 64 09/23/2024 REPAIR GATE-HOMESTEAD $300.00
83854 10/10/2024 MR PLANT & INTERIOR BOTANICAL DI $850.00 Invoice Date Description Amount
OCT 22494 10/01/2024 PLANT MAINT-OCT 2024 $850.00
83855 10/10/2024 NEXTECH SYSTEMS, INC. $6,031.26
Invoice Date Description Amount
INV2886 09/20/2024 LED SIGNS FOR INDUSTRY WAY & GALE AVE $6,031.26 83856 10/10/2024 NEXTIVA, INC. $3,966.06
Invoice Date Description Amount
400003713140 09/24/2024 PHONE SVC FOR YAL $304.46
40003594437 08/2712024 CITY HALL PHONE SVC $1,830.80
40003725642 09/27/2024 CITY HALL PHONE SVC $1,830.80
83857 10/10/2024 OCEAN BLUE ENVIRONMENTAL SERV $2,820.87 Invoice Date Description Amount
40203 08/20/2024 ON-CALL HAZARDOUS WASTE REMOVAL $2,820.87 83858 10/10/2024 ODP BUSINESS SOLUTIONS, LLC $912.19
Invoice Date Description Amount
389339763001 09/26/2024 OFFICE SUPPLIES $67.69
389340159001 09/26/2024 OFFICE SUPPLIES $767.69
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
389340161001 09/26/2024 OFFICE SUPPLIES $69.54
389340162001 09/26/2024 OFFICE SUPPLIES $7.27
83859 10/10/2024 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
510 09/30/2024 JANITORIAL SVC-CITY HALL $5,500.00
511 09/30/2024 JANITORIAL SVC-IBC $1,467.00
512 09/30/2024 JANITORIAL SVC-YAL $1,815.00
83860 10/10/2024 ON TRACK SOLUTIONS LLC $3,720.00
Invoice Date Description Amount
1220 09/25/2024 ON-CALL RAILROAD COORDINATION $3,720.00 83861 10/10/2024 POSTMASTER $442.00
Invoice Date Description Amount
BOX #3305-25 10/01/2024 ANNUAL FEE FOR PO BOX 3305 $442.00 83862 10/10/2024 PUENTE HILLS FORD $721.54
Invoice Date Description Amount
323850 09/13/2024 VEHICLE MAINT-LIC 1580081 (2020 BLACK FORD EXPL $721.54 83863 10/10/2024 SAGE ENVIRONMENTAL GROUP $19,500.00
Invoice Date Description Amount
2375 09/12/2024 GRAZING SVC-TONNER CYN $19,500.00
83864 10/10/2024 SATSUMA LANDSCAPE & MAINT. $172,248.04 Invoice Date Description Amount
CITY OF INDUSTRY P. 22

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
0924CH 09/27/2024 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $53,352.61 0924XROADS 09/27/2024 LANDSCAPE SVC-CROSSROADS PKY NORTH & SOUT+ $47,523.05 0924EC 09/27/2024 LANDSCAPE SVC-EXPO CENTER $38,279.69
1924TA 09/27/2024 LANDSCAPE SVC-TEMPLE & AZUSA $33,092.69 83865 10/10/2024 SEQUEL CONTRACTORS, INC $43,247.56
Invoice Date Description Amount
#4CITY-1500 10/01/2024 GALE AVE RESURFACING FROM FIELDGATE AVE TO A $45,523.75 83866 10/10/2024 SO CAL INDUSTRIES $180.68
Invoice Date Description Amount
698279 07/05/2024 FENCE RENTAL-IND HILLS $90.34
711390 09/27/2024 FENCE RENTAL-IND HILLS $90.34
83867 10/10/2024 SOUTHERN TIRE MART LLC - DEPT 14 $2,228.46 Invoice Date Description Amount
7070027592 09/25/2024 REPAIR FLAT TIRE TO CASE 580K BACKHOE-TONNER $115.00 7070027488 09/26/2024 REPLACE TIRES ON CAT 430E-TONNER CYN $2,113.46 83868 10/10/2024 SPECIAL T WATER SYSTEMS, INC. $958.31
Invoice Date Description Amount
237229 09/17/2024 SALT DELIVERY-EL ENCANTO $958.31
83869 10/10/2024 SQUARE ROOT GOLF & LANDSCAPE, I $209,522.89 Invoice Date Description Amount
1758H-2 09/26/2024 SIGN REPAIR & INSTALLATION $1,008.85 1758H-1 09/26/2024 GRAFFITI REMOVAL $3,564.84
CITY OF INDUSTRY P. 23

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
1755ELHM 09/26/2024 LANDSCAPE SVC-VARIOUS CITY SITES $7,825.08 1757ELHM 09/26/2024 LANDSCAPE SVC-HOMESTEAD $20,269.41
1756ELHM 09/26/2024 LANDSCAPE SVC-EL ENCANTO $7,843.90
1758H 09/26/2024 LANDSCAPE SVC-VARIOUS CITY SITES $169,010.81 83870 10/10/2024 TEMP AIR SYSTEM INC. $1,755.00
Invoice Date Description Amount
18798 04/11/2024 HVAC MAINT-HOMESTEAD $1,755.00
33871 10/10/2024 THE BIG NORWEGIAN $1,168.03
Invoice Date Description Amount
57638 09/03/2024 REPLACE HYDRAULIC HOSE-2005 CAT 953C TRACK LC $1,168.03 83872 10/10/2024 TRANSPORTATION & ENERGY SOLUT $35,500.00 Invoice Date Description Amount
CO1-012-09-24-24 09/24/2024 TRAFFIC COUNTS-CIVIC CENTER $3,000.00 COI-011-09-24-24 09/24/2024 SURVEY FOR SPEED LIMITS $23,400.00 COI-001-09-24-24 09/24/2024 ON-CALL TRAFFIC ENGINEERING SVC $9,100.00 83873 10/10/2024 UNDERGROUND SOLUTIONS, INC. $13,985.00 Invoice Date Description Amount
8009 09/25/2024 POTHOLE PATCH SVC $13,985.00
83874 10/10/2024 UNITED PARCEL SERVICES, INC $355.17
Invoice Date Description Amount
0000V435E4364 09/07/2024 MESSENGER SVC $117.37
0000V435E4384 09/21/2024 MESSENGER SVC $107.44
CITY OF INDUSTRY P. 24

WELLS FARGO BANK
October 10, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
0000V435E4394 09/28/2024 MESSENGER SVC $130.36
83875 10/10/2024 WEST COAST ARBORISTS, INC. $1,626.95
Invoice Date Description Amount
218995 08/31/2024 FY 24/25 TREE MAINT $1,626.95
83876 10/10/2024 WILLDAN ENGINEERING $139.00
Invoice Date Description Amount
00628598 09/24/2024 ENG SVC-NELSON AVE/PUENTE AVE $139.00 Checks Status Count Transaction Amount
Total 86 $2,050,736.71

CITY COUNCIL
ITEM NO. 6.2

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:01 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Michael Greubel, Mayor Pro Tem
Steve Marcucci, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.

PRESENTATIONS
There were none.

CONSENT CALENDAR
Mayor Moss asked for a staff report for Item Nos. 6.2 and 6.3.

Council Member Ruggles asked for a staff report on Item Nos. 6.4, and 6.5.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JULY 11, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 2

6.2 CONSIDERATION OF RESOLUTION NO. CC 2024-32 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO LOS ANGELES SHERIFF'S ATHLETIC ASSOCIATION IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) FOR THE

COMMUNITY PARTNERSHIPS BUREAU'S FIRST ANNUAL GOLF TOURNAMENT, IN

MEMORY OF JACK THOMAS WOLAK
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-32.

Assistant City Manager, Sam Pedroza, provided a staff report on Resolution No. CC 2024- 32, providing a donation to the Los Angeles Sheriff's Athletic Association for the first annual golf tournament in memory of Jack Thomas Wolak, son of Chief Wolak.

6.3 CONSIDERATION OF RESOLUTION NO. CC 2024-33 A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AUTHORIZING CITY

STAFF TO EXECUTE CITY AGREEMENTS AND ANY AMENDMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE CITY OF

INDUSTRY
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-33.

Engineering Manager, Mat Hudson, provided a staff report on Resolution No. CC 2024- 33, stating that Caltrans requires the City Council to approve a resolution that authorizes City staff to execute agreements on behalf of the City. This resolution is intended to provide Caltrans with those who are authorized to sign the agreements.

6.4 CONSIDERATION OF RESOLUTION NO. CC 2024-34 A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, CONFIRMING THE

CONTINUED EXISTENCE OF AN EMERGENCY CONDITION AT TONNER CANYON,

AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE

CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 AND SECTION 3.52.110 OF THE CITY'S MUNICIPAL CODE, AND ADOPTING A NOTICE

OF COMPLETION FOR THE PROJECT
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-34.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 3
Engineering Manager, Mat Hudson, provided a staff report, along with slides, regarding confirming the continued existence of an emergency condition at lonner Canyon, and declaring that the public interest and necessity require certain work to be performed without competitive bidding. Mat Hudson was available to answer any questions.

6.5 CONSIDERATION OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WKE, INC., FOR STRUCTURAL ENGINEERING

SERVICES ON THE GRAND AVENUE BRIDGE OVER SAN JOSE CREEK PROJECT, EXTENDING THE TERM THROUGH JUNE 30, 2027, REVISING THE SCOPE OF

SERVICES, REVISING THE RATE SCHEDULE, INCREASING COMPENSATION BY $50,000.00, AND UPDATING THE ADDRESS FOR WKE
RECOMMENDED ACTION: Approve the Amendment.

Director of Engineering James Cramsie, from CNC Engineering, provided the background of the project and a staff report regarding the amendment revising the scope of services.

James Cramsie was available to answer any questions.

Mayor Moss asked if anyone from the public had comments regarding the Consent Calendar, there were none.

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER RADECKI TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS
There were none.

PUBLIC HEARINGS - NONE

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 4

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

There were no public comments.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers
(portion of) 8247-014-900, (portion of) 8247-013-
908, 8262-001-900, 8262-001-902, (portion of)
8262-011-930, 8262-011- 931, 8262-012-270,
8262-012- 271, 8262-012-272, , 8262-012-273,
(portion of) 8262-012-274, (portion of) 8262-012-
275, 8262-012-276,(portion of) 8262- 015-900,
(portion of) 8262-015-901, 8262-015-902, 8262-
015-904, (portion of) 8262-015-905, 8263-008-
270, 8263- 008-271, 8263-008-904 and 8263-
027- 270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1123-1135 Hatcher Ave, Industry CA Assessor
Parcel Number 8264-004-908
City Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Puente Hills Ford LLC
Under Negotiation: Price and terms of payment

CITY COUNCIL REGULAR MEETING MINUTES

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JULY 11, 2024
PAGE 5

9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa
LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment
Mayor Moss, recessed the meeting into Closed Session at 9:19 a.m.

Mayor Moss reconvened the meeting at 12:14 p.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session Item Nos. 9.1 and 9.2, direction was given to Agency and City Negotiators.

With regard to Closed Session Item No. 9.3, direction was given to the Agency Negotiators.

No final action taken on any of these items.

CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 6

PUBLIC COMMENTS
Happy Birthday to Bing Hyun!

ADJOURNMENT
There being no further business, the City Council adjourned at 12:16 p.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 1

CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to in the Citv of Industry Council Chamber. 1565
rder ave or Co Cacitorias at 9:01 a.m., i

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

PRESENTATIONS
There were none.

CONSENT CALENDAR - NONE

ACTION ITEMS - NONE

PUBLIC HEARINGS - NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 2
There were no public comments.

Bianca Sparks provided directions regarding Closed Session Item No. 9.1. All Council Members and Attorneys have a potential or actual conflict of financial interest and therefore need to recuse themselves. To rule on this agendized item today and in the future, pertaining to this case, The Rule of Necessity states to draw names and allow three out of five Council Members to generate a quorum with the ability to rule on this item.

The three names drawn to stay are Mayor Moss, Council Member Marcucci, and Council Member Ruggles.

Council Member Radecki and Mayor Pro Tem Greubel left the Chamber at 9:22 a.m. and did not participate in Item No. 9.1 and returned at 10:49 a.m. to the Chamber.

9.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Cruz v. Radecki, et al.

Case No.: Los Angeles Superior Court Case No. 24STCV16690

9.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
Mayor Moss, recessed the meeting into Closed Session at 9:19 a.m.

Mayor Moss reconvened the meeting at 12:14 p.m.

City Manager Nelson and City Attorney Casso reported out of Closed Session. All members of the Council were present.

City Manager Nelson reported on Closed Session Item No. 9.1, direction was given, no final action taken.

City Attorney Casso reported on Closed Session Item No. 9.2, direction was given to the City Attorney's office, no final action taken.

CITY MANAGER REPORTS
There were none.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 11, 2024
PAGE 3
AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

ADJOURNMENT
There being no further business, the City Council adjourned at 12:16 p.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 25, 2024
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:02 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Michael Greubel, Mayor Pro Tem
Steve Marcucci, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Sam Pedroza, Assistant City Manager; James M. Casso, City Attorney; and Julie Gutierrez-Robles, City Clerk.

PRESENTATIONS
Mr. Paul Spitzzeri, Museum Director for the Homestead Museum, addressed the City Council and provided an update to the programs and activities taking place at the Workman and Temple Homestead Museum with an emphasis on the Volunteer Appreciation Day event.

CONSENT CALENDAR
With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 83382 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.

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JULY 25, 2024
PAGE 2
Council Member Radecki, Mayor Pro Tem Michael Greubel, and City Attorney James M.

Casso each recused themselves from participating in Item No. 6.8 on today's agenda due to a potential conflict of interest and will not be voting on this item.

Mayor Moss asked for a staff report for Item Nos. 6.2 and 6.4.

Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.5, 6.6, and 6.8.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JULY 25, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF THE STATEMENT OF INVESTMENT POLICY RECOMMENDED ACTION: Approve the Investment
Policy.
conservative portfolio. These investments are based on state guidelines and state law, and we are not taking any risks.

CONSIDERATION OF THE WORKMAN AND TEMPLE FAMILY HOMESTEAD

MUSEUM COLLECTION MANAGEMENT POLICY
RECOMMENDED ACTION: Approve the Policy.

Development Services Manager, Kathy Tai provided a staff report on the Museum Collection Management Policy and was available to answer any questions.

CONSIDERATION OF A TRANSFER AGREEMENT WITH THE LOS ANGELES

COUNTY FLOOD CONTROL DISTRICT, FOR THE TRANSFER AND ACCEPTANCE

OF MUNICIPAL FUNDS FROM THE SAFE, CLEAN WATER PROGRAM, THROUGH JUNE 30, 2028
RECOMMENDED ACTION: Approve the Agreement.

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JULY 25, 2024
PAGE 3
The agreei neerine ass Cranese Come dietro Distic do a ron Ruggles asked if the cost was determined by the square footage and James Cramsie said it was determined by the Los Angeles County Flood Control based on the amount of impervious area. He was available to answer any questions.

6.5 CONSIDERATION OF AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES AGREEMENT WITH JANUS PEST MANAGEMENT, INC., FOR PEST CONTROL SERVICES, EXTENDING THE TERM THROUGH JUNE 30, 2025, REVISING THE

SCOPE OF SERVICES AND REVISING THE RATE SCHEDULE
RECOMMENDED ACTION: Approve the Amendment.

Director of Operations, Sean Calvillo, from CNC Engineering, provided a staff report on the amendment for maintenance services, and was available to answer any questions. A handout was provided prior to the meeting.

CONSIDERATION OF AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MBF CONSULTING, INC., FOR ENGINEERING

DESIGN SERVICES FOR THE REPLACEMENT OF STEEL WATERLINE CROSSING OVER BREA CREEK PROJECT, EXTENDING THE TERM THROUGH JULY 25, 2026 (MP 00-20 #12)
RECOMMENDED ACTION: Approve the Amendment.

Director of Engineering James Cramsie, from CNC Engineering, provided a staff report regarding engineering design services under Amendment no. 3, and was available to answer any questions.

CALIFORNIA, RESCINDING
RESOLUTION NO. CC 2024-19 AND AMENDING THE CURRENT SALARY RANGE SCHEDULES FOR FISCAL YEAR 2024-25 AS ADOPTED ON MAY 23, 2024, DUE TO

COST OF LIVING ADJUSTMENT TO BOARD MEMBERS' SALARIES
RECOMMENDED ACTION: Adopt Resolution CC 2024-
35, amending the City of Industry's FY 2024-25 Salary Schedule, for the Planning Commission, Civic-Recreational-Industrial Authority, and the Industry Property and Housing Management Authority, in line with the FY 25 Adopted Budget.

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JULY 25, 2024
PAGE 4

6.8 CONSIDERATION OF A LEGAL SERVICES AGREEMENT WITH FOLEY & LARDNER LLP FOR SPECIAL COUNSEL SERVICES.

RECOMMENDED ACTION: Approve the Agreement.

City Manager Josh Nelson said this agreement was for a special counsel to deal with some legal services/litigation. He was happy to answer any questions. There were none.

Mike Greenspan and Armando Herman each spoke for one minute in opposition to the Consent Calendar.

Mayor Moss asked if anyone else from the public had any comments regarding the Consent Calendar, there were none.

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER

RADECKI THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 83382 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS

DISCUSSION AND DIRECTION REGARDING CIVIC CENTER MASTER PLAN

FOR LAND USE AND DEVELOPMENT
RECOMMENDED ACTION: Discuss and provide
direction to Staff.

City Manager Josh Nelson spoke of the Civic Center Design and Development Advisory Committee (CCDDAC) and the recommendations that have been considered in the last 6- 12 months. As a starting point today, Staff has come with ideas, and to ask the City Council what direction they would like to take.

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JULY 25, 2024
PAGE 5
Josh Nelson then introduced Doug Ewing, President of D.S. Ewing Architects, Inc., who provided a detailed presentation of the Master Plan Study to include 9 separate parcels, which has taken on numerous plan revisions. The goal today is to present these ideas, get the Councils direction, and ask how best to move forward.

Directions were given to have CNC Engineering begin the process with civil drawings for the narrowing of Mayor Dave Way, curbs and the underground and to provide some cost estimates.

Mike Greenspan and Armando Herman each spoke for one minute in opposition to Item No. 7.1.

Mayor Moss asked if anyone else from the public had comments on Item No. 7.1. There were none.

PUBLIC HEARINGS - NONE
Mayor Moss asked to bring forward Item No. 13, Public Comments, before Closed Session. There were no objections.

PUBLIC COMMENTS
Aisha Reyes, Senior Public Affairs Specialist, from South Coast Air Quality Management District (SCAQMD) spoke for one minute about the upcoming compliance of transitioning to zero emissions technologies. Also, she said she would leave information with the City Manager's office.

Mike Greenspan and Armando Herman each spoke for one minute about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

Mike Greenspan and Armando Herman each spoke for one minute in opposition to the Closed Session items.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 25, 2024
PAGE 6

CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1146 Nogales St, APNs 8760-002-907 and
8760-002-908
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Puente Basin Water Agency, a California Joint Powers Authority
Under Negotiation: Price and terms of payment

9.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Zarazua v. Hernandez, et al.

Case No.: Los Angeles County • Superior Court Case No. 21STCV44219 (Consolidated with Hernandez, et al. v. Zarazua, et al., Los Angeles Superior Court Case No. 22STCV05262)

9.3 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Jose Cisneros v. City of Industry, et al.

Case No.: Los Angeles County Superior Court Case No. 22STCV04118

9.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers
(portion of) 8247-014-900, (portion of) 8247-013-
908, 8262-001-900, 8262-001-902, (portion of)
8262-011-930, 8262-011- 931, 8262-012-270,
8262-012- 271, 8262-012-272, 8262-012-273,
(portion of) 8262-012-274, (portion of) 8262-012-
275, 8262-012-276,(portion of) 8262- 015-900,
(portion of) 8262-015-901, 8262-015-902, 8262-
015-904, (portion of) 8262-015-905, 8263-008-
270, 8263- 008-271, 8263-008-904 and 8263-
027 - 270

CITY COUNCIL REGULAR MEETING MINUTES

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JULY 25, 2024
PAGE 7
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

9.5 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Cruz v. Radecki, et al.

Case No.: Los Angeles Superior Court Case No. 24STCV16690

9.6 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Mayor Moss reconvened the meeting at 12:04 p.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session Item Nos. 9.1, 9.4, and 9.6, direction was given to Agency Negotiators.

With regard to Closed Session Item No. 9.2 and 9.3, direction was given to the City Attorney's office.

With regard to Closed Session Item No. 9.5, there was no discussion.

No final action taken on any of these items.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JULY 25, 2024
PAGE 8

CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

ADJOURNMENT
There being no further business, the City Council adjourned at 12:06 p.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
AUGUST 22, 2024
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

PRESENTATION
There were none.

Mayor Moss asked to bring forward Item No. 7, Action Items and Item No. 8, Public Hearing before Consent Calendar. There were no objections.

ACTION ITEMS

7.1 CONSIDERATION OF A RESOLUTION APPROVING DEVELOPMENT PLAN APPLICATION NO. 21-04, WITH CONDITIONS OF APPROVAL, FOR THE CONSTRUCTION OF A 39,471 SQUARE FOOT EXPANSION TO AN EXISTING 60,896

SQUARE FOOT COLD STORAGE WAREHOUSE BUILDING AND ASSOCIATED SITE IMPROVEMENTS, AT THE PROPERTY LOCATED AT 710 EPPERSON DRIVE, CITY

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AUGUST 22, 2024
PAGE 2

OF INDUSTRY, CALIFORNIA, AND ADOPTING A NOTICE OF EXEMPTION

REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-46 approving Development Plan Application No. 21-04, with the Standard Requirements and Conditions of Approval contained in the Resolution and Notice of Exemption regarding same.

Contract Associate Planner Eduardo Manriquez provided a staff report regarding the Development Plan and was available to answer any questions.

Council Member Ruggles asked about the height of the existing building vs. the height of the new building. He also asked if additional cold storage was to be added. Eduardo Manriquez replied that the new building would be around 40 feet high, and the existing building is about 60 feet high. The cold storage will be added next to the existing cold storage and this plan meets all standards.

Armando Herman spoke for one minute in opposition to Item No. 7.1.

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER MARCUCCI TO ADOPT RESOLUTION NO. CC 2024-46 APPROVING DEVELOPMENT PLAN APPLICATION NO. 21-04, WITH THE STANDARD REQUIREMENTS AND

CONDITIONS OF APPROVAL CONTAINED IN THE RESOLUTION AND NOTICE OF EXEMPTION REGARDING SAME. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

7.2 CONSIDERATION OF A RESOLUTION APPROVING DEVELOPMENT PLAN APPLICATION NO. 23-09 WITH CONDITIONS OF APPROVAL, FOR THE DEMOLITION OF AN EXISTING 7,838 SQUARE FOOT COMMERCIAL BUILDING AND THE CONSTRUCTION OF A 3,588 SQUARE-FOOT CAR WASH AND ASSOCIATED SITE IMPROVEMENTS, AT THE PROPERTY LOCATED AT 17411 COLIMA ROAD,

CITY OF INDUSTRY CALIFORNIA, AND ADOPTING A NOTICE OF EXEMPTION

REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
AUGUST 22, 2024
PAGE 3
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-48 approving DP No. 23-09, with the conditions shown in Attachment 1 and adopting a Notice of Exemption regarding same.

Contract Associate Planner Eduardo Manriquez provided a staff report regarding the Development Plan and was available to answer any questions.

Armando Herman spoke for one minute in opposition to Item No. 7.2.

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RADECKI TO ADOPT RESOLUTION NO. CC 2024-48 APPROVING DP NO. 23-09, WITH THE CONDITIONS SHOWN IN ATTACHMENT 1 AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE

ABSENT COUNCIL MEMBERS NONE
ABSTAIN COUNCIL MEMBERS: NONE

7.3 CONSIDERATION OF A RESOLUTION APPROVING DEVELOPMENT PLAN APPLICATION NO. 23-08 WITH CONDITIONS OF APPROVAL, FOR THE CONSTRUCTION OF A 40,163 SQUARE FOOT EXPANSION AND ASSOCIATED IMPROVEMENTS TO AN EXISTING 104,212 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 17355 RAILROAD STREET, CITY OF INDUSTRY, CALIFORNIA, AND

ADOPTING A NOTICE OF EXEMPTION REGARDING SAME, AND MAKING FINDINGS

IN SUPPORT THEREOF
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-47 approving Development Plan No. 23-08, with the Standard Requirements and Conditions of Approval contained in the Resolution and Notice of Exemption regarding same.

Contract Senior Planner, Dina Lomeli provided a staff report regarding the Development Plan and was available to answer any questions.

Armando Herman spoke for one minute in opposition to Item No. 7.3.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
AUGUST 22, 2024
PAGE 4

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO ADOPT RESOLUTION NO. CC 2024-47 APPROVING DEVELOPMENT PLAN NO. 23-08, WITH THE STANDARD REQUIREMENTS AND CONDITIONS OF

APPROVAL CONTAINED IN THE RESOLUTION AND NOTICE OF EXEMPTION REGARDING SAME. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

PUBLIC HEARINGS

8.1 CONSIDERATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM; GENERAL PLAN AMENDMENT NO. 22-02 TO CHANGE THE GENERAL PLAN LAND

USE DESIGNATION FROM COMMERCIAL TO EMPLOYMENT, AND ZONE CHANGE NO. 22-02 TO CHANGE THE ZONING CLASSIFICATION FROM COMMERCIAL (C) TO INDUSTRIAL (M), FOR PROPERTIES LOCATED AT 15940 AND 16016 AMAR ROAD (ASSESSOR'S PARCEL NUMBERS 8250-001-011 AND 8250-001-012); TENTATIVE PARCEL MAP NO. 22-01 (TPM 083978) TO MERGE SEVEN (7) EXISTING PARCELS LOCATED AT 15940-16016 AMAR ROAD AND 15940-16040 KAPLAN AVENUE INTO A SINGLE 10.09-ACRE PARCEL; AND DEVELOPMENT PLAN APPLICATION NO. 22- 07, FOR THE PROPOSED CONSTRUCTION OF A 205,460 SQUARE-FOOT TILT-UP

CONCRETE INDUSTRIAL BUILDING AND ASSOCIATED IMPROVEMENTS AT THE PROPERTY GENERALLY LOCATED AT 15940 AND 16016 AMAR ROAD AND 16023, 15941, 15940, 16000, 16040 KAPLAN ROAD
RECOMMENDED ACTION: 1. Open the public hearing and take public testimony. 2. Adopt Resolution No. CC 2024-36 adopting the IS/ MND; and

3. Adopt Resolution No. CC 2024-37 approving General Plan Amendment No, 22-02; and

4. Adopt Resolution No. CC 2024-39 approving Tentative Parcel Map 22-01(TPM 083978)/ PM 22-01 Conditions of Approval; and 5. Adopt Resolution No. CC 2024-40 approving Development Plan No. 22-07/DP No. 22-07 Conditions of Approval; and

6. Waive the reading of Ordinance No. 831; and 7. Introduce Ordinance No. 831 an ordinance of the City Council of the City of Industry, California, amending section

17.28.060 (map adopted) of Chapter 17.28 (Zoned Districts) of title 17 (Zoning) of the City

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AUGUST 22, 2024
PAGE 5
of Industry Municipal Code, to change the existing zoning designation of assessor's parcel numbers 8250-001-011 and 8250-001-012 from commercial to industrial.

Contract Senior Planner, Dina Lomeli provided a staff report and then introduced Frank Coyle, California Environmental Quality Act (CEQA) Consultant, Frank Coyle Director of Planning with CASC Engineering and Consulting, Inc., who provided more information and details on the project along with a brief overview of two comment letters that were received by the City. One was from Blum, Collins & Ho LLP representing the Golden State Environmental Justice Alliance (GSEJA). The other comment letter was received from Lozeau Drury LLP representing the Supporters Alliance for Environmental Responsibility (SAFER). Both comment letters believe that the proposed Initial Study/Mitigated Negative Declaration (IS/MND) is flawed and that an Environment Impact Report (EIR) should be prepared for the Project. Staff has reviewed the comments and does not agree with the commenters' statements that an EIR must be prepared to analyze the impacts associated with the proposed Project. Staff believes the Draft IS/MND provides substantial evidence that implementation of the proposed Project would not create significant and unavoidable environmental impacts. Staff's response to the comment letters is attached to the Draft IS/MND in the agenda.

Frank Coyle mentioned that a third letter was received on July 7, 2024, directly from Steven Piepkorn with Golden State Environmental Justice Alliance, reiterating their belief that the MND is flawed, and a full Environment Impact Report (EIR) should be drafted and circulated for public review.

A fourth comment letter was received on August 18th ', via email from Steven Piepkorn with Golden State Environmental Justice Alliance.

Frank Coyle read a summary of the comments received, along with responses from CASC, recognizing that these comments made no impact on the project and no changes deemed necessary. Frank Coyle also noted that all letters and corresponding responses are part of the agenda packet or recorded with the City Clerk.

Contract Senior Planner, Dina Lomeli said based on this analysis, staff recommends that the Commission adopt these resolutions.

Conversation ensued amongst Council Members, City Manager Josh Nelson, Senior Project Manager Upendra Joshi from CNC Engineering regarding traffic mitigation, truck routes and where there were multiple entrances to the facility, etc. All questions were sufficiently answered.

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AUGUST 22, 2024
PAGE 6
Mayor Moss asked what the estimated timeframe was and Spencer B. Kallick with Allen Matkins who is representing the applicant Hines Global Industrial said Plan Check is complete and we are ready and anxious to get started upon approval. The construction portion will take approximately nine to ten months.

Mayor Moss opened the public hearing at 10:13 a.m.

Armando Herman spoke for one minute in opposition to Item No. 8.1.

Mayor Moss closed the public hearing at 10:15 a.m.

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RADECKI TO ADOPT RESOLUTION NO. CC 2024-36 ADOPTING THE IS/MND.

MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY MAYOR MOSS TO ADOPT RESOLUTION NO. CC 2024-37 APPROVING GENERAL PLAN AMENDMENT NO. 22-02. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER RADECKI TO ADOPT RESOLUTION NO. CC 2024-39 APPROVING TENTATIVE PARCEL MAP 22-01(TPM 083978)/ PM 22-01 CONDITIONS OF APPROVAL. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

CITY COUNCIL REGULAR MEETING MINUTES

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AUGUST 22, 2024
PAGE 7
AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER MARCUCCI, AND SECOND BY MAYOR PRO TEM GREUBEL TO ADOPT RESOLUTION NO. CC 2024-40 APPROVING DEVELOPMENT PLAN NO. 22-07/DP NO. 22-07 CONDITIONS OF APPROVAL. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER MARCUCCI TO WAIVE THE READING OF ORDINANCE NO.831. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER RUGGLES TO INTRODUCE ORDINANCE NO. 831 AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING SECTION

17.28.060 (MAP ADOPTED) OF CHAPTER 17.28 (ZONED DISTRICTS) OF TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE, TO CHANGE THE EXISTING ZONING DESIGNATION OF ASSESSOR'S PARCEL NUMBERS 8250-001- 011 AND 8250-001-012 FROM COMMERCIAL TO INDUSTRIAL. MOTION CARRIED 5- 0, BY THE FOLLOWING VOTE:

CITY COUNCIL REGULAR MEETING MINUTES

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AUGUST 22, 2024
PAGE 8
AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,

MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

CONSENT CALENDAR
Mayor Moss asked for a staff report for Item Nos. 6.2 and 6.3.

Council Member Ruggles asked for a staff report on Item Nos. 6.4.

With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 83592 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR AUGUST 22, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

CONSIDERATION OF RESOLUTION NO. CC 2024-41 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS FALL FESTIVAL

PROGRAM
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-41.

Assistant City Manager, Sam Pedroza provided a staff report regarding a donation to the Industry Sheriff's Youth Athletic League and its fall festival program and was available to answer any questions.

CONSIDERATION OF RESOLUTION NO. CC 2024-45 - RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, EXPRESSING THE

INTENT TO VACATE KAPLAN AVENUE IN THE CITY OF INDUSTRY, AND SETTING

A TIME AND PLACE FOR A PUBLIC HEARING

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
AUGUST 22, 2024
PAGE 9
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-45.

Engineering Manager, Mat Hudson, provided a staff report and was available to answer any questions.

6.4 CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC., FOR ON-CALL ELECTRICAL ENGINEERING SERVICES, IN AN AMOUNT NOT- TO-EXCEED $300,000.00 THROUGH AUGUST 21, 2027
RECOMMENDED ACTION: Approve the Agreement.

Dev Birla, Operations Manager at CNC Engineering, provided a staff report regarding on- call electrical engineering services for several capital improvement projects and was available to answer any questions.

Armando Herman spoke for one minute in opposition to the Consent Calendar.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER

RUGGLES THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECK RECUSING HIMSELF FROM CHECK NUMBER 83592 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

Armando Herman spoke for one minute in opposition to the Closed Session items.

9.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case

CITY COUNCIL REGULAR MEETING MINUTES

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AUGUST 22, 2024
PAGE 10

9.2 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
E. CITY MANAGER Code Section S4957(D)(1)
TITLE: CITY MANAGER

9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 555 S. El Encanto Road, City of Industry,
California 91745, also known as Assessor Parcel
Numbers 8208-27-901, 902, 906, 907, and 918.

Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: El Encanto Healthcare & Habilitation Center Under Negotiation: Price and terms of payment
Mayor Moss, recessed the meeting at 10:30 a.m.

Mayor Moss reconvened the meeting at 10:38 a.m.

Mayor Moss, recessed the meeting into Closed Session at 10:41 a.m.

Mayor Moss reconvened the meeting at 12:14 p.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present and it was noted that Mayor Pro Tem Greubel left early, but did participate in all matters.

With regard to Closed Session Item No. 9.1, direction was given to the City Attorney's office, no final action.

With regard to Closed Session Item No. 9.2, there was no discussion on this item and will be agendized at the September 12'h meeting.

With regard to Closed Session Item Nos. 9.3, direction was given to Agency Negotiators, no final action.

Nothing further to report at this time.

CITY MANAGER REPORTS
There were none.

CITY COUNCIL REGULAR MEETING MINUTES

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AUGUST 22, 2024
PAGE 11
AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

PUBLIC COMMENTS
Mayor Moss acknowledged one speaker card from Armando Herman, but he was no longer present. Mayor Moss asked if there were any other public comments. There were

ADJOURNMENT
There being no further business, the City Council adjourned at 12:16 p.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL
ITEM NO. 6.3

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: October 10, 2024
SUBJECT: Consideration of a Maintenance Services Agreement with TBS Cleaning Services for janitorial services at the Workman and Temple Family Homestead Museum offices, in the amount of $35,700.00, through October 1, 2029

BACKGROUND
The offices of the Workman and Temple Family Homestead Museum ("Homestead") are currently serviced by Vanguard Cleaning Systems ("Vanguard"'), which has provided janitorial services for several years. However, Vanguard's pricing has increased over the past two years, prompting staff to seek competitive proposals for janitorial services.

Pursuant to Industry Municipal Code Section 3.52.120, contracts relating to maintenance of public facilities may be provided by competitive bidding, informal public bidding or by negotiated contract at the discretion of the City Council. Therefore, two companies were contacted for pricing, and the responsive bidders were Alliance Janitorial ("Alliance") and TBS Cleaning Services ("TBS Cleaning"). Alliance submitted a proposal in the amount of $11,400/annually and TBS Cleaning submitted a proposal in the amount of $7,140.00/annually.

DISCUSSION
After evaluating the proposals, TBS Cleaning was identified as the best-qualified vendor. TBS demonstrated experience in maintaining office buildings, offered competitive pricing, and provided excellent references from previous contracts. Services will include cleaning the Homestead's offices twice a week, trash removal, restroom sanitization, and specialized disinfection protocols to meet health and safety standards. TBS Cleaning will not be cleaning the historical buildings due to the delicate nature of the structures.

FISCAL IMPACT
The fiscal impact is $7,140.00 per year, or $35,700.00 over five years. In fiscal year 2024/25, $12,000.00 is approved in General Fund - Workman Temple Homestead - Janitorial Service (Account 100-626-8520). No appropriations are needed at this time.

RECOMMENDATION
Staff recommends that the City Council approve the Agreement.

Attachments
Maintenance Services Agreement with TBS Cleaning Services

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT ("Agreement"), is made and effective as of October 1, 2024 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and TBS Cleaning Services, a sole proprietor ("Contractor"). The City and Contractor are hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, City desires to engage Contractor to perform the services described herein, and Contractor desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 1, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Contractor shall perform the tasks ("Services") described and set forth in Exhibit A ("Scope of Services), attached hereto and incorporated herein as though set forth in full. Services other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Contractor, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Contractor shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing museum janitorial services. (d) Contractor shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Contractor shall not perform any work for another person or entity for whom

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Contractor was not working on the Effective Date if both (i) such work would require Contractor to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Contractor's pertormance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for Services performed pursuant to this Agreement, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Contractor represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Contractor or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but shall have no authority to modify the Services or the compensation due to Contractor.

4. PAYMENT
(a) The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty-Five Thousand Seven Hundred and Zero Cents ($35,700.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
(c) Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty

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(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall payto Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City pursuant to Section 5 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

Contractor hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Contractor in the

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performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor 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 caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Contractor 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 Contractor or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Contractor shall have an immediate duty to defend the City at Contractor's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

8. INSURANCE

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Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

9. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractors exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Contractor shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees 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 contributions to any retirement and/or pension plan, 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, Contractor's or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, service as an independent contractor.

The indemnity provisions set forth in this Section 9 shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.

10. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

11. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award,

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terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Contractor is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

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To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Contractor: TBS Cleaning Services
15135 Fairgrove Avenue
La Puente, CA 91744
Attention: Tim Seal

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Contractor's use of any subcontractor, Contractor shall be responsible to the City for the performance of its subcontractor as it would be if Contractor had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subcontractor employed by Contractor.

Contractor shall be solely responsible for payments to any subcontractors. Contractor shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subcontractor under this Agreement.

16. GOVERNING LAW/ATTORNEYS' FEES
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Contractor under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and Contractors, as well as costs on appeal, in addition to any other relief to which it may be entitled.

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17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Contractor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Contractor unless in writing.

22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or

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remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONTRACTOR"
City of Industry TBS Cleaning Services
By: By:

Joshua Nelson, City Manager Tim Seal, Owner
Attest:

By:

Julie Gutierrez-Robles, City Clerk
Approved as to form:

By:

James M. Casso, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Contractor will provide janitorial services for the offices located at the Homestead Museum, daily, Monday and Thursday.

Services shall include but are not limited to:

Surface Cleaning
• Dusting and wiping all accessible surfaces such as desk, tables, chairs, countertops, shelves, and all other furniture
• Dusting and wiping all windowsills, baseboards, and all corners and ledges • Clean all doors and walls as deemed necessary of fingerprints, stains, etc.

Floor Care
• Vacuuming all carpets and rugs
• Sweeping and mopping all hard floors
• Cleaning floor mats as needed
• Machine cleaning all hard floors as needed
Trash Management
• Emptying all trash bins and replacing liners
• Disposing of trash in designated areas
• Wiping all trash cans to maintain as sanitary
Restroom Facilities
• Clean and sanitize all urinals, toilets, and sinks
• Clean and sanitize all other equipment on walls
• Clean and sanitize the baseboards and floors
• Restock all paper supplies and hand soap as needed
Kitchen
• Wipe down and sanitize all countertops and furniture
• Clean sink, refrigerator, microwave
Glass and Mirror Cleaning
• Cleaning of all windows as previously mentioned, mirrors, glass doors, etc.

Additional cleaning services as deemed necessary.

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EXHIBIT B

RATE SCHEDULE
Schedule of Services Rate Annual Cost
Monday and Thursday $595.00/Monthly $7,140.00
Total Term Cost $35,700.00

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor 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 $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract language will not be accepted.

Automobile liability insurance. Contractor 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 Contractor 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 $1,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Contractor 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 Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Contractor 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.

Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, his agents, representatives, employees or subcontractors.

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Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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.

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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor 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.

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Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

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 of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor'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.

Pass Through Clause. Contractor agrees to ensure that its subcontractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review.

City's right to revise specifications. The 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 ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Contractor shall give the City prompt and timely notice of claims nade or suits instituted that arise out of or result from Contractor's performance under thi Agreement, and that involve or may involve coverage under any of the required liabilit policies.

Additional insurance. Contractor 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.

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CITY COUNCIL
ITEM NO. 6.4

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Sean Calvillo, Director of Operations, CNC Engineering
DATE: October 10, 2024
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with D.S. Ewing Architects, Inc., to provide architectural design services for the City Council Chambers and IBC Building Improvement project, increasing compensation in the amount of $35,000.00

BACKGROUND
On June 13, 2024, the City Council approved a Professional Services Agreement ("Agreement") with D.S. Ewing Architects, Inc. ("Ewing") to provide architectural design services for the City Council Chambers and IBC Building Improvement project in the amount of $100,00.00, through June 13, 2025. The scope of work includes verifying the existing condition and as-built information for the building, creating design concepts for both the City Council Chamber and IBC training room, developing a final schematic design upon feedback from City Staff, reviewing accessibility and egress issues to meet current applicable codes, and designing interior and exterior elevation and floor plans. Ewing also coordinates with the City's consultant ISN Global for audio/visual improvements and IT upgrades.

DISCUSSION
Ewing has completed verifying the existing condition, based upon site visit measurements and as- built information. Ewing also held several meetings with Staff, presenting their schematic design concepts, which included several iterations based on Staff feedback. Staff is recommending Ewing conduct several additional meetings to additional Staff and Council to incorporate the additional feedback before proceeding into the preliminary design phase, which is based on a final concept.

Staff recommends approving Amendment No. 1 to increase compensation by $35,000.00 for the additional time and effort.

FISCAL IMPACT
The fiscal impact is $35,000.00. In the adopted FY 2024-2025 Capital Improvement Project budget, $175,000.00 is approved for this work (Account No. 120-725-5130) and no additional appropriation is required (MP 03-24 #8).

RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreement with D.S. Ewing Architects.

Attachments
A. Amendment No. 1 to the Professional Services Agreement with D.S. Ewing Architects, Inc., dated September 10, 2024

ATTACHMENT A
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT WITH
ON D.S. EWING ARCHITECTS, INC.

This Amendment No. 1 to the Professional Services Agreement ("Agreement) is made and entered into this 10" day of October, 2024, ("Effective Date") by and between the City of Industry ("City"), a municipal corporation, and D.S. Ewing Architects, Inc., a California corporation, ("Consultant"). City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about June 13, 2024, the City approved a Professional Services Agreement ("Agreement") with Consultant in amount of $100,000.00, through June 13, 2025, to provide architectural design services for the City Council Chamber and IBC Building Improvements project; and
WHEREAS, due to the need for additional meetings and updates during the schematic design phase, it is recommended to increase compensation by $35,000.00 to allow Consultant to complete the schematic design phase before proceeding with the complete preliminary design phase; and
WHEREAS, for the reasons set forth herein, City and Consultant desire to enter into this Amendment No. I, as set forth below.

AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:

PAYMENT
The second sentence of Section 4(a) is hereby revised to read in its entirety as follows:

This amount shall not exceed One Hundred Thirty Five Thousand Dollars ($135,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. (SIGNATURES ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry D.S. Ewing Architects, Inc.

By: By DouglasS. Eving, President
Joshua Nelson, City Manager
Attest:

By:

Julie Gutierrez-Robles, City Clerk, CMC

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT WITH D.S. EWING ARCHITECTS, ING. DATED JUNE 13, 2024

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective corporation ("City") and D.S. Ewing
("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 13, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. (Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing architectural design services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political

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Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Thousand Dollars ($100,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

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(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.

OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer tiles, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

Consultant hereby grants to City all right, title, and interest, including any copyright, in and to

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the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of

7. INDEMNIFICATION
(a) Indemnity for professional liability
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 caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity other than for professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) Duty to defend.

In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

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INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees 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 contributions to any retirement and/or pension plan, 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, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 9 (C) are effective as of January 1, 2020. The indemnity provisions set forth in this Section 9 (C) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

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11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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provides a receipt showing date and time of delivery, or ii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Consultant: D.S. Ewing Architects, Inc.
723 E. Califomia Boulevard
Pasadena, CA 91106
Attention: Douglas S. Ewing, President

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.

Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

16. GOVERNING LAW/ATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions

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of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

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23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry D.S. Ewing Architects, Inc.

Ooh Dir
By:

Joshya Nelson, City Manager

6.6.24 We PHO
Julie Gutierrez-Robles, City Clerk
Approved as to form:

Rams. Camo
By: _
James M. Casso, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services for the City Council Chambers and IBC Building Improvements Project (MP 03-24 #8) at 15651 Mayor Dave Way:

As-Built Documentation and Verification Phase for existing building a. Develop an existing conditions plan set by site verifying and redrawing the required sheets from the 1974 blueprint set and the 1986 alterations set Schematic Design Phase - Provide three design concepts for:
a. Council Chamber redesign, including but not limited to, raising the ceiling and new lighting, Council Chamber casework
b. IBC Training Room redesign, including but not limited to, skylight and shading, new lighting and space plan
c. Redesign the rear entry of the building and approaching verandas and walks to provide accessible approach to the Training Room
d. Review accessibility and egress issues to meet current applicable codes e. Redesign exterior verandas, walks, and access to provide accessible interior access f. Provide presentation visuals of selected design concepts g. Coordinate with City staff and City selected interior design and A Consultant as required
Based on the above scope of work the following deliverables will be provided:
• As-Built Documentation and Verification Phase
• As-Built Building Reflected Ceiling Plan
• As-Built Building Section
• As-Built Building Exterior Elevations (S&W)
• As-Built Council Chamber Interior Elevations
• As-Built IBC Site Plan
• As-Built IBC Building Floor Plan
• As-Built IBC Exterior Elevations (N&E)

Page 10 of 15 ends

• As-Built Training Room Interior Elevations
• Schematic Design Phase
• New Accessible Approach and Entry Plan - Three schemes for Council Chambers and IBC training room
• New Floor Plan - Three schemes
• New Reflected Ceiling Plan Scheme and skylight plan - Three Schemes each • New Exterior Elevation of Council Chamber and IBC training room - Three Schemes each
• New Sections and Interior Wall Elevations - Three Schemes each • Presentation Floor Plan for entire project
• Two Presentation Elevations for Council Chambers and IBC training room • Presentation Schedule
• Two "Sketch Up" 3-D views of Council Chambers and IBC training room

Page 11 of 15 ends

EXHIBIT B

RATE SCHEDULE
• Principal Architect $250/hour
• Design Architect $250/hour
• Project Architect $150/hour
• Senior Drafting $125/hour
• CAD Drafting $90-100/hour
• Administration $75/hour
• Reimbursable Expenses: print fees will be billed at direct cost • Prints will be billed at the following rates:
• In-Office Prints: Black and White 30x42: $5.00/sheet + print labor at $40/hour or fraction thereof. Color 30x42: $7.25/sheet + print labor at $40/hour or fraction thereof
• Third Party Printer: Black and White 30x42: $3.00/sheet. Color 30x42:
$53.00/sheet

Page 12 of 15 ends

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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 $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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 Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in 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.

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

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.

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Page 13 of 15 ends

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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.

Page 14 of 15 ends

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.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage 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 project will be submitted to City for review.

City's right to revise specifications. The 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 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.

Timely notice of claims. Consultant shall give the 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.

Additional insurance. Consultant shall also procure and maintain, at its own cost and ex proper protection al prose of in atre, which in is own judgment may be necessary for

Page 15 of 15 ends

CITY COUNCIL
ITEM NO. 6.5

CITY OF INDUSTRY

S. Ewing Architects, Inc. for conceptual master plan design services for the Workman and Temple Homestead Museum, and El Encanto Healthcare and Habilitation Center campus, extending the term through June 30, 2025, and increasing compensation by $50,000.00

BACKGROUND
On February 3, 2023, the City Council approved a Professional Services Agreement ("Agreement") with D.S. Ewing Architects, Inc. ("Ewing") for design services related to the development of a concept master plan for a continuous care retirement community campus utilizing the undeveloped site and area of the Workman and Temple Homestead Museum and El Encanto Healthcare and Habilitation Center. Amendment No. 1 was approved on June 8, 2023, for the second phase of the master plan which entailed a detailed site plan and footprints.

DISCUSSION
Ewing completed the second phase of the master plan earlier this year. City Staff wish to extend Ewing's contract to provide continued master plan support services while staff considers the project's next steps. The proposed amendment will extend the contract term and will include funds to cover Ewing's second phase cost overruns and keep Ewing available through June 30, 2025. Amendment No. 2 extends the Agreement through June 30, 2025, and includes a companion increase in compensation of $50,000.00, effective July 1, 2024.

FISCAL IMPACT
Table 1 - Summary of Consultant Costs
Contract
Amount
Professional Services Agreement $50,000.00
Amendment No. 1 $110,000.00
Proposed Amendment No. 2 $50,000.00
Total $210,000.00
In the Fiscal Year 2024/2025 Capital Improvement Project budget, $400,000.00 was approved for this work. No appropriations are required at this time (Account No. 120-723-5130) (MP 23-06 #3).

RECOMMENDATION
Staff recommends that the City Council approve Amendment No. 2 to the Agreement.

Attachments
Amendment No. 2 to the Professional Services Agreement with D.S. Ewing. Inc., dated July 1, 2024 AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH
D. S. EWING ARCHITECTS, INC.

This Amendment No. 2 to the Professional Services Agreement ("Agreement"), is nade and entered into this 1st day of July 2024 ("Effective Date"), by and between the City of Industry, a California municipal corporation ("City" and D. S. Ewing, Architects.

Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties"

RECITALS
WHEREAS, on or about February 3, 2023, the Agreement was entered into and executed between the City and Consultant for conceptual master plan design services for the Workman and Temple Homestead Museum and El Encanto Healthcare and Habilitation Center campus; and
WHEREAS, on or about June 8, 2023, the City Council approved Amendment No. 1 to increase compensation by $110,000.00 and revise the scope of services to add second phase master plan services; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to June 30, 2025, with a companion increase in compensation of $50,000.00; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:

Section 1. TERM
Section 1 is hereby revised to read in its entirety as follows:

This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

Section 4. PAYMENT
The second sentence of Section 4(a) is hereby amended to read in its entirety as follows:

This amount shall not exceed Two Hundred and Ten Thousand Dollars ($210,000.00) for the total Term of the Agreement unless additional payment is 1 approved in the Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry D. S. Ewing, Architects, Inc.

By: By:

Joshua Nelson, City Manager Douglas S. Ewing, President Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
2 CITY COUNCIL
ITEM NO. 7.1

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: October 10, 2024
SUBJECT: Consideration of the following related to the City's adoption of Sidewalk Vending Regulations:
a. Ordinance No. 832, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 5 (LICENSES &

REGULATIONS) OF THE CITY OF INDUSTRY MUNICIPAL CODE, ADDING CHAPTER 5.24_ (SIDEWALK VENDING), AND ADOPTING A NOTICE OF

EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT

THEREOF
b. Resolution No. CC 2024-42 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING A POLICY FOR THE

REMOVAL OF SIDEWALK VENDING ITEMS FROM THE PUBLIC RIGHT-OF-

WAY, AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME
c. Resolution No. CC 2024-43 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF INDUSTRY, CALIFORNIA, ESTABLISHING FEES RELATING

TO SIDEWALK VENDING REGULATIONS, AND ADOPTING A NOTICE OF

EXEMPTION REGARDING SAME

BACKGROUND
Senate Bill ("SB") 946, also known as the Safe Sidewalk Vending Act, was signed into law on September 17, 2018, and prevents cities from prohibiting stationary or roaming vendors from operating on public sidewalks. Since SB 946 became effective on January 1, 2019, there has been an increased number of vendors operating on Industry's sidewalks, with some conducting business on streets, center medians, and privately owned properties. There are concerns about sidewalk vendors blocking all or a portion of the sidewalks impacting pedestrian path of travel; trespassing on private property; violating food handling and safety regulations; improperly disposing of trash and food waste; and operating in or near schools, parks, and places frequented by children. SB 946 allows cities to establish regulations that address health, safety, or welfare concerns. Staff recommends approval of one ordinance and two resolutions establishing City regulations that address health, safety, or welfare concerns that are consistent with state legislation.

DISCUSSION
For City Council's consideration, Staff presents A) Ordinance No. 832, amending the Industry Municipal Code ("Code"), establishing sidewalk vending regulations; B) Resolution No. CC 2024-42, adopting a policy for the removal of sidewalk vending items from the public right-of-way; and C) Resolution No. CC 2024-43, adopting a fee schedule related to sidewalk vending regulations.

A. ORDINANCE NO. 832 - SIDEWALK VENDING ORDINANCE
Ordinance No. 832 adds Chapter 5.24 (Sidewalk Vending) to Title 5 (Licenses & Regulations) of the Code, to establish sidewalk vending regulations. The ordinance is summarized below. • Requires stationary or roaming sidewalk vendors to obtain a Sidewalk Vending Permit. To obtain a Sidewalk Vending Permit, applicants must submit an application containing information including the applicant's driver's license or California identification; proof of a valid California Sellers Permit; the vending location or route; vending days and hours of operation; description of any vending cart used; submit a fingerprint scan to the Los Angeles County Sheriff's Department; and proof of comprehensive liability insurance in an amount not less than one million dollars ($1,000,000.00). A Los Angeles County Department of Public Health permit is required if food is being sold.

City Staff has fifteen (15) days to review submitted applications for completion. If the City requests additional information and the applicant fails to provide that information within thirty (30) calendar days, the application will be deemed administratively withdrawn. Upon receipt of a complete application and the applicable fees, the City will conduct a thorough investigation and make a determination on the application within sixty (60) days of confirming its completeness. • Establishes General Requirements for Sidewalk Vendors. General operating requirements for sidewalk vendors including:
• Stationary and roaming sidewalk vendors may only conduct vending operations at the location or route approved by the City, and must display a City-issued Sidewalk Vending Permit on the street-side portion of the City-approved vending cart, or if no cart is utilized, upon his or her person at all times while conducting vending operations. • Roaming sidewalk vendors must move continuously except when necessary to complete a sale.
• Roaming sidewalk vending within residential areas of the City is prohibited between the hours of 6 p.m. and 7 a.m. of the subsequent day.
• Sidewalk vendors may not vend within twenty-five feet (25') of any street intersection, traffic control device, fire hydrant or connection, fire call box, or other emergency facility, driveway apron, of a marked crosswalk, of a curb return of an unmarked crosswalk, of a bus bench, bus shelter, or any public transportation waiting area/stop, of any entrance or emergency exit.
• Sidewalk vendors may not vend within three feet (3') of the edge of curb or upon any sidewalk where on-street parking is prohibited.
• Sidewalk vendors must maintain a minimum of forty-eight inches (48") of accessible path of travel so as not to block or obstruct pedestrian movement. • Allows for Suspension or Recession of Sidewalk Vending Permits. A sidewalk vendor permit may be suspended or rescinded if the vendor is found to be in violation of the City's regulations.
• Allows for Violations and Penalties. A vendor with a valid Sidewalk Vending Permit found in violation of the regulations may be issued an administrative citation in the following amounts:
$100.00 for the first violation, $200.00 for a second violation, and $500.00 for each additional violation within one year of the first violation. A vendor without a valid Sidewalk Vending Permit found in violation of the regulations may be issued an administrative citation in the following amounts: $250.00 for the first violation, $500.00 for a second violation, and $1,000.00 for each additional violation within one year of the first violation. • Appeal of Denial or Recission of Sidewalk Vending Permit. Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit rescinded by the City pursuant to the provisions of the Code may appeal such determination.

B. RESOLUTION NO. CC 2024-42 -- POLICY FOR THE REMOVAL OF SIDEWALK

VENDING ITEMS FROM THE PUBLIC RIGHT-OF-WAY
Section 5.24.130 of the proposed ordinance provides the City Council will adopt policies, procedures, and guidelines related to removing food, goods, merchandise, vending cart, or other vending equipment (collectively "Equipment") from the public right-of-way. A summary of proposed policy is below:
• Unattended Equipment as Abandoned. Equipment is considered abandoned after an officer observes 1) such Equipment unattended on public property for at least 30 consecutive minutes, or 2) a vendor discarding and leaving such Equipment on public property in a manner that leads the officer to conclude the vendor abandoned the Equipment. • Removal due to Lack of Valid City Vending Permit. Equipment displayed, offered, or made available for sale by a vendor without a valid City vending permit may be removed. • City Retention of Removed Equipment. Removed Equipment will be stored by the City for at least 90 days. Unless the Equipment is claimed by the owner before the end of the 90-day holding period, the City may dispose of the Equipment in its sole discretion. • Reclaiming Removed Equipment. Prior to the expiration of the 90-day holding period, the owner of the removed Equipment may reclaim it upon proof of payment of removal fees, proof of ownership, and a vending permit valid as of the Equipment removal date.

C. RESOLUTION NO. CC 2024-43 - FEE SCHEDULE
The proposed sidewalk vending ordinance allows for the adoption of fees to recover costs associated with administering sidewalk vending activities. Unlike other businesses operating in the City, sidewalk vendors are mobile and can operate in residential neighborhoods and nearby schools. As a safety precaution, many cities such as Fullerton, Montebello, Pico Rivera, Stanton, and Westminster, require background checks on sidewalk vending applicants. The proposed ordinance applies the same safety precaution.

The proposed fees are based on the estimated time needed for Staff and third-party contractors to process applications, fees charged by the Los Angeles County Sheriffs Department to perform background checks, and fees for moving and storing removed equipment. Based on information gathered, the City's cost to process one application is $763.23. Staff surveyed fees for the cities of La Puente, Covina, El Monte, Fullerton, Anaheim, and Orange. Their fees range from $80.00 to $604.00, averaging $310.00 per application. Staff proposes establishing the permit application fee at $380.00 to recover almost 50 percent of actual costs and stay within the range of other cities' fees.

The $380.00 fee is different from the City's no cost fee for business licenses, also known as use permits, because sidewalk vending is unlike traditional brick-and-mortar businesses. Sidewalk vendors are mobile and are legally permitted by the State to operate in and near neighborhoods, schools, parks, and other recreational areas, so long as they are presumed safe. Background checks and other safety precautions impose additional costs that the City does not normally incur while processing applications for traditional brick-and-mortar businesses. The proposed fee seeks reimbursement for some of the processing costs and is consistent with those other jurisdictions have adopted.

A summary of the proposed fees is provided below:

Proposed Note
Fee Name
Fee
Sidewalk Vending Permit 50% of the actual cost.

Application (annual flat-rate) $380.00
Removal of vending $176.00 Based on County of Los Angeles Sheriff's Department equipment (flat-rate) Tow and Storage Service Rates.
$27.00 Based on County of Los Angeles Sheriff's Department Storage Fee (daily)
Tow and Storage Service Rates.

Appeal Hearing (flat-rate) $250.00 Consistent with the Code's appeal hearing fees Next Steps
If the City Council approves Staff's recommended actions, the anticipated effective date of the ordinance and resolutions is on or around November 24, 2024. Prior to the effective date, staff from the City and County of Los Angeles Sheriff's Department will coordinate implementation of the program. Activities include creating the permit application and any associated materials, and informing potential street vendors of the permit application process.

Environmental Analysis
Ordinance No. 832 and Resolution No. CC 2024-42:

The proposed ordinance and resolution have been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). It has been determined that this Ordinance and Resolution do not have the potential for creating a significant effect on the environment and are therefore not a project under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that adoption of the ordinance and resolution have no possibility of having a significant effect on the environment.

Resolution No. CC 2024-43:

The proposed resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). It has been determined that this resolution does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because such actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact to the environment. Furthermore, the approval of fees established in this resolution is categorically exempt under CEQA pursuant to State CEQA Guidelines Section 15273(a)(1) because the approval of fees is merely establishing fees to meet operating expenses.

FISCAL IMPACT
The anticipated fiscal impact is minimal because the cost for permit application processing and Equipment removal and storage will be partially covered by the associated fees. There will be implementation costs as Staff time is needed to create the application and related materials, but those one-time costs should also be minimal.

RECOMMENDATION
Staff recommends that the City Council:

1. Waive the reading of Ordinance No. 832, and read by title only; and introduce Ordinance No. 832,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 5 (LICENSES & REGULATIONS) OF THE CITY OF INDUSTRY MUNICIPAL CODE, ADDING CHAPTER 5.24 (SIDEWALK VENDING), AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT

THEREOF

2. Adopt Resolution No. CC 2024-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF INDUSTRY, CALIFORNIA, ADOPTING A POLICY FOR THE REMOVAL OF SIDEWALK

VENDING ITEMS FROM THE PUBLIC RIGHT-OF-WAY, AND NOTICE OF EXEMPTION

REGARDING SAME

3. Adopt Resolution No. CC 2024-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF INDUSTRY, CALIFORNIA, ESTABLISHING FEES RELATING TO SIDEWALK VENDING

REGULATIONS, AND NOTICE OF EXEMPTION REGARDING SAME
Attachments
A. Ordinance No. 832
B. Resolution No. CC 2024-42
C. Resolution No. CC 2024-43
D. Notice of Exemption

ATTACHMENT A
ORDINANCE NO. 832

REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City of Industry has the authority to enact laws that promote the public health, safety, and welfare of its citizens, including sidewalk vending; and WHEREAS, the State Legislature recognized that the establishment of a sidewalk vending program will benefit local communities as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets; and WHEREAS, Senate Bill ("SB") 946 was signed into law on September 17, 2018, and became effective January 1, 2019; and
WHEREAS, SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with California Government Code Sections 51038 and 51039; and
WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vending only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns; and WHEREAS, the City Council finds that the act of vending on sidewalks and other areas of the public right-of-way creates the potential for increased safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrians, school children, vehicles, and bicycle traffic; and WHEREAS, the City Council finds that restrictions on sidewalk vending are needed to accommodate vendors and their equipment, while also safeguarding the flow of pedestrian movement on sidewalks and in the public right-of-way, and ensuring no interference with the performance of police, firefighter, and emergency medical personnel services; and

Page 1 of 18 ends

WHEREAS, the City Council finds that the regulation of vendors engaged in the sale of food and food products will help to ensure that sidewalk vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and
WHEREAS, the City Council finds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on City streets, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, so that the same might be or become a pollutant; and,
WHEREAS, the City Council finds that restrictions on sidewalk vending in public parks is necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks; and
WHEREAS, the City Council finds that the inherent itinerant nature of sidewalk vending and the ability of such vendors to move quickly from one location to another, including near parks, schools, and other places frequented by children warrants imposing certain regulatory measures, including requiring criminal background checks, to protect the health, safety, and welfare of the community;
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

The above recitals are true and correct and are incorporated herein by reference as findings in support of the regulations contained in this Ordinance.

SECTION 2. CEQA Findings.

The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The City Council has determined that this Ordinance does not have the potential for creating a significant effect on the environment and is therefore not a project under CEQA pursuant to Section 15061(b)(3) of the CEQA), because it can be seen with certainty that adoption of the ordinance has no possibility of having a significant effect on the environment. Based on the foregoing, the City Council approves and adopts the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law.

SECTION 3. Municipal Code Amendment.

Page 2 of 18 ends

Chapter 5.24 (Sidewalk Vending) is hereby added to Title 5 (Licenses and Regulations) of the City of Industry Municipal Code to read in its entirety as follows:

Chapter 5.24 SIDEWALK VENDING

5.24.010 Purpose.

The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices; prevent safety, traffic, and health hazards; and to preserve the public peace, safety, and welfare of the community.

5.24.020 Definitions.

For the purposes of this Chapter, the following words and phrases shall have the meanings set forth in this Section:
"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code.

B. "City" means the City of Industry.

C. "Director" means the City Engineer or designee thereof.

D. "Food" means any type of human edible substance, including any food product or beverage.
"Merchandise" means any goods or items that are not food.

Merchandise does not include services.

F. "Person" means one or more natural persons, groups,
businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.

G. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction - and shall include any sidewalk vendor who is not a stationary sidewalk vendor. "Sidewalk" means a public sidewalk, parkway, pedestrian path, or other public right-of-way provided for the exclusive use of pedestrians. A sidewalk shall not include streets, alleys, plazas, City-owned

Page 3 of 18 ends

parking lots or structures, bicycle paths/lanes, or any other public right-of- way used in whole or in part for vehicular travel, nor any privately-owned real property.

1. "Sidewalk vendor" means a person who vends from a vending cart or from one's person exclusively upon a public sidewalk or other public path or right-of-way provided for the exclusive use of pedestrians. A sidewalk vendor does not include any person who is selling services, nor any person selling from a motorized vehicle. A sidewalk vendor shall also not include any vendor whose operation (including the location of the vendor, equipment, vending cart, merchandise/food, or queue of customers) takes place, in whole or in part, in or upon any portion of a street, alley, parking lot, parking structure, dedicated bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel, nor upon any parkway, roadway median, crosswalk, freeway on-ramp, or any privately-owned real property.

J. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code.
"Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit or special event permit.

M. "Vend" or "Vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise.

Vend and Vending does not include the offering or solicitation of services.

N. "Vending cart" means a pushcart, stand, table, display, pedal- driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined in the California Vehicle Code. Vending cart does not include any motorized vehicle.

5.24.030 Permit Required.

No person shall engage in, conduct, or carry on the business of sidewalk vending, or cause, permit or suffer a person to engage in, conduct, or carry on the business of sidewalk vending, without a permit issued under the provisions of this Chapter. A separate permit shall be required for each person conducting or engaging in sidewalk vending. A separate permit shall also be required for each stationary location.

Page 4 of 18 ends

A. Exception. A Sidewalk Vending Permit is not required for a certified farmers market, swap meet, or any activity or event authorized by a temporary special permit.

5.24.040 Permit Application.

Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending shall file an application with the Engineering Department on a City-approved form. Such application shall be accompanied by a non-refundable application fee in an amount established by Resolution of the city council, and shall contain, at a minimum, the following:

A. The legal name, date of birth, current mailing address and telephone number of the applicant;
B. If the applicant is an agent of a company, partnership, corporation, or other entity, the name and business address of the principal; C. Whether the applicant is seeking authorization to operate as a roaming sidewalk vendor or a stationary sidewalk vendor; D. A description of the food and merchandise the applicant proposes to vend;
E. A description of any vending cart the applicant intends on using in conjunction with the vending operation - including measurements of the height, width, and depth of the vending cart;
F. A description, map, or drawing of the areas and route in which the applicant proposes to vend;
The hours per day and the days per week during which the applicant proposes to vend;
H. If applying to be a stationary sidewalk vendor, a maintenance plan that includes litter pickup in the vicinity of the vending location; A copy of a current and valid California seller's permit issued to the applicant by the California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto);
J. If the applicant proposes to vend food, a certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health - including a copy of the applicant's current and valid Los Angeles County Health Permit;

Page 5 of 18 ends

A copy of the applicant's current, driver's license or
identification card issued by the State of California, taxpayer identification number, or an identification card issued by another municipality; L. Proof of comprehensive liability insurance in an amount not less than one million dollars ($1,000,000.00). Such insurance shall name as additional insured the City of Industry, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days advance written notice to the City of Industry; M. An agreement by the applicant to indemnify and hold
harmless the City, its officers and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's vending location;
Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and
O. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

The applicant shall also submit a complete set of the applicant's fingerprints to the Los Angeles County Sheriff's Department, or designee thereof, in a manner and form approved by the Los Angeles County Sheriff's Department. The applicant shall pay for any fees for the fingerprints.

Pursuant to California Penal Code Sections 11105 and 13300, the city council explicitly authorizes the Los Angeles County Sheriff's Department and any City Official authorized to enforce the provisions of this Chapter to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this Chapter.

5.24.050 Investigation and Action Upon Permit Application.

A. Determination of Completeness. The Director shall, within fifteen (15) calendar days, review the submission of any application for a Sidewalk Vending Permit to determine if the application contains all of the requisite information set forth in Section 5.24.040. Any application that is missing information required pursuant to Section 5.24.040 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the Director. In such case, the Director shall issue a Notice of Incompleteness to the applicant specifying the information that is missing that has resulted in the incomplete application. Failure of the applicant to submit the missing information within thirty (30) calendar days of the Notice of Incompleteness shall be deemed an administrative withdrawal of the Sidewalk Vending Permit application by the applicant.

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Investigation and Action. Upon receipt of a complete
Sidewalk Vending Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application within sixty (60) days of the Director's determination of completeness. The Director may request supplemental investigation, information, reports, and recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate Department or Division of the City or other appropriate agency.

Notwithstanding the provisions of Title 17, Chapter 17.44 of this Code, the Director shall approve the issuance of a Sidewalk Vending Permit unless he or she determines that any of the following disqualifications exist:

1. The applicant has failed to submit any of the
information, documentation, and fees required pursuant to Section 5.24.040 of this Chapter;

2. The applicant does not possess all Federal, State, and local permits, licenses, certificates, and approvals required to engage in the activity in which the applicant seeks to engage;

3. The applicant has made one or more material
misstatements or misrepresentations in the application or supplemental information provided by the applicant;

4. The applicant's proposed vending operation, as
described in the application, is inconsistent with the standards, conditions, and requirements set forth in this Chapter;

5. The applicant has failed to demonstrate an ability to conform to the standards, conditions, or requirements set forth in this Chapter;
The applicant has been convicted of any felony or
misdemeanor offense involving moral turpitude within five (5) years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude;

7. The applicant has been convicted of any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058 within five (5) years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this subsection;

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8. The applicant is required to register under the
provisions of California Penal Code section 290 (or an equivalent section in any other State);
If the application is for a renewal of a Sidewalk Vending Permit or a subsequent permit, the applicant has failed to pay all previous administrative fines in connection with a previous violation of this Chapter.

5.24.060 Denial of Sidewalk Vending Permit.

If a Sidewalk Vending Permit is denied pursuant to this Chapter, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The Notice shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section 5.24.160.C of this Chapter. Notice shall be mailed to the applicant at the address listed in the application.

5.24.070 Term of Permit.

A Sidewalk Vending Permit issued pursuant to the provisions of this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

5.24.080 Permit Non-Transferable.

A Sidewalk Vending Permit issued pursuant to the provisions of this Chapter shall not be transferable to any other entity or person.

5.24.090 Conditions Imposed on Permit.

Sidewalk vendors shall adhere to all operating requirements set forth in this Chapter, and all restrictions, limitations, and operating requirements set forth in this Chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this Chapter.

5.24.100 General Sidewalk Vendor Operating Requirements.

All sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit.

Stationary sidewalk vendors shall only conduct vending
operations at the location approved by the Engineering Department, and shall display a City-issued Sidewalk Vending Permit on the street-side portion of the City-approved vending cart, or if no cart is utilized, upon his or her person at all times while conducting vending operations.

Page 8 of 18 ends

B. Roaming sidewalk vendors shall only conduct vending
operations along the route approved by the Department of Public Works and Engineering, and shall display a City-issued Sidewalk Vending Permit on the City-approved vending cart - or, if no vending cart is utilized, a roaming sidewalk vendor shall keep the City-issued Sidewalk Vending Permit upon his or her person at all times while conducting vending operations.

Roaming sidewalk vendors shall move continuously
except when necessary to complete a sale.

2. Roaming sidewalk vending within residential areas of the City is prohibited between the hours of 6 p.m. and 7 a.m. of the subsequent day.

C. Sidewalk vendors shall not vend in the following locations:

Within twenty-five feet (25') of any street intersection; 2 Within twenty-five feet (25') of any traffic control device (including traffic signals and traffic signs);
Within twenty-five feet (25') of a fire hydrant or
connection, fire call box, or other emergency facility;

4. Within three feet (3') of the edge of any curb;
Within twenty-five feet (25') of any driveway apron;
Within twenty-five feet (25') of a marked crosswalk;

7. Within twenty-five feet (25') of a curb return of an unmarked crosswalk;

8. Within twenty-five feet (25') of a bus bench, bus shelter, or any public transportation waiting area or stop;
Within twenty-five feet (25') of any entrance or
emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;

10. Within five hundred feet (500') of any permitted
certified farmers' market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers' market, swap meet, or temporary special permit;

Page 9 of 18 ends

11. Upon any sidewalk in the City that is within five hundred feet (500') of the nearest property line of any property on which a school building is located (irrespective of whether the school is located in the City) between the hours of 7 a.m. and 5 p.m. of any school day;

12. Upon any sidewalk where parking is prohibited on the adjoining public street;

13. Within or on any median strip or dividing section of any street;

14. Within any parking lot or parking structure;

15. Within any landscaped area or on an unpaved surface;

16. Within any public property that is not set aside for the exclusive use of pedestrians;

17. Within any private property.

18. Upon any sidewalk where on-street parking is
prohibited.

Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks, and must maintain a minimum of forty-eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

E. Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows.

F. Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked, and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes.

G. Sidewalk vendors shall not use an open flame for the sidewalk vending operations.

H. Sidewalk vendors shall not sell, use, or vend any live animal(s), nor shall any sidewalk vendor vend adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities [as defined by Section 17.08.005 of this Code], alcohol, marijuana, or tobacco products that contain nicotine or any product used to smoke (or "vape") nicotine or marijuana.

Page 10 of 18 ends

1. Sidewalk vendors shall not use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound.

J. Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within twenty-five feet (25') of the vending location.

Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City.

K. Sidewalk vendors shall present, upon request, a valid California identification, Sidewalk Vending Permit, and other applicable license or permit, to any City Official, Peace Officer, or other person authorized to enforce the provisions of this Chapter, as well as to any person to whom they are vending.

L. Vending carts or other accessory equipment shall not touch, lean against, or be affixed or fastened at any time to a building or to any pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or traffic barrier located in the public right-of-way.

M. Food, goods, merchandise, carts, and other equipment used in sidewalk vending activities shall not be left unattended or abandoned on the public right-of-way at any time.

5.24.110 Stationary Sidewalk Vendor Operating Requirements.

In addition to the general operating requirements set forth in Section

5.24.100 of this Chapter, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor.

A Stationary sidewalk vendors are prohibited from operating or establishing in any area of the City zoned exclusively for residential use.

B. Stationary sidewalk vendors shall remove any vending cart used in the vending operation from the sidewalk each day at the close of business.

Page 11 of 18 ends

C. Stationary sidewalk vendors shall maintain a separation of at least twenty-five feet (25') from any other stationary sidewalk vendor so as to allow for queuing and to prevent sidewalk congestion.

D. Stationary sidewalk vendors shall not cause, allow, or suffer the placement of fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk or upon private property in conjunction with the vending operation (whether for the display of goods or any other reason).

1. An umbrella or other shade structure may be used in the sidewalk vending operations if attached to the vending cart and if it does not exceed the overall height of seven feet (7') as measured from the sidewalk to the highest point of the umbrella or shade structure.

E. Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs upon the sidewalk.

F. Stationary sidewalk vendors shall not attach to or use any water lines, electrical lines, or gas lines during the vending operation. The use of flameless equipment may be used, subject to approval of the City (including the Fire Department).

G. No vending cart may exceed an overall height of five feet (5') width of five feet (5'), and length of five feet (5'), and may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids other than a sign attached to the vending cart that does not exceed or extend beyond the height, width, or length of the cart.

5.24.120 Operating Requirements for Sidewalk Vendors Within a Park.

In addition to the general operating requirements set forth in Sections 5.24.100 and 5.24.110 of this Chapter, and notwithstanding Section 9.31.130 of this Code, sidewalk vendors shall comply with the following operating requirements and prohibitions operating within a park, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park.

A. Stationary sidewalk vendors are prohibited from operating within any portion of a City park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.

Page 12 of 18 ends

B. Stationary sidewalk vendors operating within a City park shall comply with all operating requirements and prohibitions set forth in Sections

5.24.100 and 5.24.110 of this Chapter.

C. Sidewalk vendors shall not vend in the following locations within a park:

Within fifty feet (50') of any recreational water feature or golf course, and historic building, while said area is in use; and, Within fifty feet (50') of any restroom facilities.

D. Notwithstanding Section 5.24.100.C.14, sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. However, sidewalk vendors of food may not conduct sidewalk vending on any unpaved portions of a park.

5.24.130 Removal of Sidewalk Vending Items from Public Right-of- Way.

A. Enforcement. Any official of the City or of the Los Angeles County Sheriff's Department with authority to enforce the provisions of this Chapter is authorized to remove food, merchandise, carts, and other equipment used in sidewalk vending activities in the City pursuant to this Section and any policies, procedures, and guidelines promulgated and adopted by the city council.

B. Promulgation of Policies and Procedures. The city council will promulgate and adopt policies, procedures, and guidelines for the removal, subsequent retrieval, and disposal of food, merchandise, carts, and other equipment used in sidewalk vending activities that involve one or more of the following:

Unattended food, merchandise, carts, and other
equipment on public property, in violation of Section 5.24.100.M of this Code;
Abandoned food, merchandise, carts, and other
equipment on public property, in violation of Section 5.24.100.M of this Code;
Sidewalk vending of prohibited food or merchandise, in
violation of Section 5.24.100.H of this Code;
Sidewalk vending without a current and valid Sidewalk
Vending Permit, in violation of Section 5.24.030 of this Code;

Page 13 of 18 ends

5. Sidewalk vending of food without a current and valid permit as required and issued by the Department of Public Health being displayed on the vending cart;

6. The food, merchandise, vending cart, and other
equipment used in the sidewalk vending operation causes or contributes to a substantial obstruction to accessibility requirements on sidewalks or adjacent real property;
For purposes of this provision, "substantial
obstruction"
or pedestrian path, so as to prevent persons to freely walk, run, or use mobility assistance devices upon that sidewalk or pathway, or that otherwise violates the Federal Americans with Disabilities Act of 1990 or other applicable disability access standards; or,

5. Sidewalk vending that constitutes an imminent and
substantial safety or environmental hazard as determined by any Official authorized to enforce the provisions of this Chapter.

C. Retrieval. No person shall be authorized to retrieve food, merchandise, carts, and other equipment that have been removed from the public right-of-way pursuant to the provisions of this Chapter without:

1. Demonstrating to the satisfaction of the Director proof of ownership of the food, goods, merchandise, carts, and other equipment; Paying any outstanding administrative fines issued for
sidewalk vending activities in accordance with the provisions of this Chapter; and,

3. Paying any applicable removal and storage fees as
adopted by resolution of the city council - or as otherwise assessed by the removing agency.

D. Disposal.

1. The City may immediately dispose of removed food or
merchandise that cannot be safely stored or that are perishable.

The City may dispose of all removed food,
merchandise, carts, and other equipment that does not qualify for disposal pursuant to Subsection 5.24.130.D.1, pursuant to the policies, procedures, and guidelines promulgated and adopted by the city council.

Said policies, procedures, and guidelines shall
provide an opportunity to the owners) of any removed food,

Page 14 of 18 ends

merchandise, carts, and other equipment the ability to
challenge the removal and potential disposal of said food, merchandise, carts, and other equipment prior to the disposal of any such food, merchandise, carts, and other equipment.

5.24.140 Violations and Penalties.

A. A violation of this Chapter by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City pursuant to this Chapter is punishable only by an administrative citation pursuant to Chapter 1.20 of Title1 of this Code, in the following amount:

1. One hundred dollars ($100) for a first violation.

2. Two hundred dollars ($200) for a second violation
within one year of the first violation.

3. Five hundred dollars ($500) for each additional
violation within one year of the first violation.
4 The City may rescind a permit issued to a sidewalk
vendor for the term of that permit upon the fourth violation or subsequent violations, in accordance with the provisions of Section 5.24.150.

A person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this Chapter is punishable only by an administrative citation pursuant to Chapter 1.20 of Title 1 of this Code, in the following amounts, in lieu of the amounts set forth in Subsection 5.24.140.A of this Code:

Two hundred fifty dollars ($250) for a first violation.

2. Five hundred dollars ($500) for a second violation
within one year of the first violation.

One thousand dollars ($1,000) for each additional
violation within one year of the first violation.

4. Upon proof of a valid permit issued by the City pursuant to this Chapter, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in Subsection 5.24.140.A.

C. A violation of this Chapter shall not be punishable as an infraction or misdemeanor, and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any

Page 15 of 18 ends

other financial conditions beyond those authorized herein shall not be assessed.

D. Any administrative citation issued pursuant to this Chapter shall be accompanied with notice of and instruction regarding the citee's right to request an ability-to-pay determination. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

E. If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter.

5.24.150 Rescission of Sidewalk Vendor Permit.

The Director shall summarily rescind a Sidewalk Vendor Permit issued to a sidewalk vendor for the term of the Permit upon a fourth or subsequent violation of this Chapter within a twelve (12) month period, in accordance with the procedures outlined in this Section.

A. Upon determining that a holder of a Sidewalk Vendor Permit has committed a fourth or subsequent violation of this Chapter within a twelve (12) month period, the Director shall serve a written Order of Rescission upon the permittee stating the grounds for rescission and the permittee's right to appeal the Order of Rescission. The Order shall also set forth the effective date of the rescission and the duration of the rescission. The Order of Rescission shall be served upon the permittee at the address listed on the Sidewalk Vendor Permit application via first class mail. Failure of the permittee to receive an Order of Rescission that was served in accordance with this Section shall not invalidate the Order of Rescission.

5.24.160 Ability to Pay Determinations and Appeals.

A. Ability to Pay Determination. Any person issued an
administrative citation pursuant to this Chapter may request a determination on the person's ability to pay the administrative fine. The person may request an ability-to-pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program.

Page 16 of 18 ends

The Director or hearing officer shall reduce the fine to twenty percent (20%) of the total if the citee meets either of the following criteria:
a. If the citee is receiving public benefits under
Government Code Section 68632(a); or,
b. If the citee has a monthly income which is 125
percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

Appeal of Administrative Citation. Any person issued an administrative citation pursuant to this Chapter shall have the right to appea the issuance of the administrative citation in accordance with and the time limits set forth in the provisions of Chapter 1.20 of Title 1 of this Code.

1. Notwithstanding the provisions of Chapter 1.20 of
Title 1 of this Code, upon the submission of proof of a valid permit issued by the City pursuant to this Chapter, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Subsection 5.24.140.B.4 of this Chapter.

C. Appeal of Denial or Rescission of Sidewalk Vending Permit.

1. Any person who has been denied a Sidewalk Vending
Permit or who has had a Sidewalk Vending Permit rescinded by the Director pursuant to the provisions of this Chapter may appeal such determination to the City Manager, or designee thereof, by filing a request for an appeal with the City Clerk, and tendering a filing and processing fee as set by resolution of the city council, within ten (10) business days of service of the notice of such denial or Order of Rescission. The request for an appeal shall contain, at a minimum, the following:

The name, current mailing address, and
telephone number of the appellant;
b. The date of denial or rescission by the Director;
A statement as to all grounds for appeal in
sufficient detail to enable the City Manager, or designee thereof, to understand the nature of the controversy; and,
The signature of the appellant under penalty of
perjury as to the contents of the request for appeal.

Page 17 of 18 ends

2. Appeal hearings shall be conducted before the City
Manager, or designee thereof, in the same manner as set forth under the provisions of Sections 1.20.110 through 1.20.120 of this Code. The determination of the City Manager, or designee thereof, is final and binding.

SECTION 4. Clerical Errors.

The City Council directs the City Clerk to correct any clerical errors found in this Chapter, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

SECTION 5. Severability.

Should any section, subsection, clause, or provisions of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity of unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

SECTION 6. Effective Date.

In accordance with California Government Code § 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 7. Publication.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this ordinance to be published and posted as required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, California, at a regular meeting held on [DATE], by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

Page 18 of 18 ends

ATTACHMENT B
RESOLUTION NO. CC 2024-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, ADOPTING A POLICY FOR THE

REMOVAL OF SIDEWALK VENDING ITEMS FROM THE PUBLIC

RIGHT-OF-WAY

RECITALS
WHEREAS, Senate Bill 946 ("SB 946"), the California Safe Sidewalk Vending Act, become effective on January 1, 2019, and sets forth the manner in which sidewalk vendors may be regulated by cities and counties (California Government Code Sections 51036-51039); and
WHEREAS, California Government Code Section 51038(b)(a) allows cities to adopt a program to regulate sidewalk vendors in compliance with SB 946 and protect the public health, safety, or welfare; and
WHEREAS, on or about October 24, 2024, the City Council adopted Ordinance No. 832, amending Title 5 (Licenses and Regulations) of the City of Industry Municipal Code ("IMC") to add Chapter 5.24 (Sidewalk Vending), establishing a sidewalk vending program to regulate and permit sidewalk vending in compliance with SB 946; and WHEREAS, pursuant to IMC Section 5.24.130.B, the City Council will promulgate and adopt policies, procedures, and guidelines for the removal, subsequent retrieval, and disposal of food, merchandise, carts, and other equipment used in sidewalk vending activities may be adopted; and
WHEREAS, the City has developed a policy for the Removal of Sidewalk Vending Items from the Public Right-of-way ("Policy"); and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

FINDS, DETERMINES, AND RESOLUS AS FOLLO TY OF INDUSTRY HEREBY SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.

SECTION 2: The Policy has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seg.) ("CEQA"). The City Council has determined that this Policy does not have the potential for creating a significant effect on the environment and is therefore not a project under CEQA pursuant to Section 15061(b)(3) of the CEQA), because it can be seen with certainty that adoption of the ordinance has no possibility of having a significant effect on the environment. Based on the foregoing, the City Council approves and adopts the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law.

SECTION 3: The City Council hereby adopts the policy for the City's Removal of Sidewalk Vending Items from the Public Right-of-way, attached hereto as Exhibit A, and incorporated herein by reference.

SECTION 4: The Policy will become effective upon the effective date of Ordinance No. 832.

SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or persons or circumstances.

SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

EXHIBIT A

CITY OF INDUSTRY REMOVAL OF SIDEWALK VENDING ITEMS FROM PUBLIC

RIGHT-OF-WAY POLICY
[ATTACHED]
*

CITY OF INDUSTRY

REMOVAL OF SIDEWALK VENDING ITEMS FROM

PUBLIC RIGHT-OF-WAY POLICY
Date Adopted: 10/10/2024
Last Amended: N/A Page 1 of 4
SECTION 1. PURPOSE
The purpose of this policy is to provide the City of Industry ("City") a means of assuring health and safety concerns related to the removal of food, goods, merchandise, carts, and other equipment on public property or displayed, offered, or made available for rent or sale by a vendor who does not comply with the City's sidewalk vending regulations.

This policy is in furtherance of the general authority and procedures set forth in Chapter

5.24 (Sidewalk Vending) of Title 5 of the City of Industry Municipal Code ("IMC").

In the event of any conflicts between this policy and the City's Code, the provisions of the Code shall prevail.

SECTION 2. DEFINITIONS
The following words and terms shall be defined as follows unless the context indicates that a different meaning is intended:
"City" means the City of Industry.
"Food" means any type of human edible substance, including any food product or beverage.
"Merchandise" means any goods or items that are not food. Merchandise does not include services.
"Officer" means any official of the City or of the Los Angeles County Sheriff's Department with authority to enforce the provisions of IMC Chapter 5.24. "Person" means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.
"Vend" or "Vending" means barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and Vending does not include the offering or solicitation of services.
"Vending cart" means a pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined in the California Vehicle Code. Vending cart does not include any motorized vehicle.

SECTION 3. ENFORCEMENT
Any official of the City or of the Los Angeles County Sheriff's Department with authority to enforce the provisions of this IMC Chapter 5.24 is authorized to remove food, goods, merchandise, carts, and other equipment pursuant to IMC Section 5.24.130 (Removal of Sidewalk Vending Items from Public Right-of-Way) and these Regulations.

SECTION 4. UNATTENDED MATERIALS AS ABANDONED
A. Food, goods, merchandise, vending cart, or other vending equipment shall be considered abandoned after an Officer observes such materials unattended on public property for a period of at least 30 consecutive minutes. An Officer may satisfy the 30-minute observation period by placing a marking on or attaching a notice to the food, goods, merchandise, vending cart, or equipment and then observing and documenting that the marking or notice is undisturbed after the passage of at least 30 minutes.

B. An Officer may remove such abandoned materials only after the Officer has made a reasonable attempt to locate the owner of such materials at the time the Officer first observes the unattended materials.

C. Prior to removal, any person claiming ownership of the unattended materials may recover and retain such items on site for vending purposes upon providing a valid City vendor permit. Such a vendor may be cited for leaving their food, goods, or merchandise unattended in violation of Section 5.24.100.M.

D. At the time of removal, the Officer shall document the date, the time period, and location the abandoned materials were observed, the circumstances that support the Officer's finding of abandonment, any reasonable attempt to locate the owner of such materials, and a complete description of such materials, including any perishable items and the storage of which raise health or safety concerns. This documentation shall be maintained by the City with the removed materials.

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SECTION 5. OTHER ABANDONED MATERIALS
A. An Officer may remove goods, food, merchandise, vending cart, or other vending equipment if the Officer directly observes a vendor discarding and leaving such materials on public property in such a manner that leads the Officer to find, based on the totality of the circumstances, that the vendor abandoned the materials. In addition, depending on the totality of the circumstances, a vendor's affirmative disavowal of ownership of goods, food, or merchandise in response to an enforcement Officer's question as to ownership may be a basis for a finding of abandonment and grounds for removal. The placement of goods, food, or merchandise in the care of another does not constitute abandonment, but may lead to removal if the person taking care of the materials is engaged in vending and lacks a vending permit.

B. At the time of removal, the Officer shall document the date, the time period, and location the abandoned materials were observed, the circumstances that support the Officer's finding of abandonment, and a complete description of such materials, including any perishable items and the storage of which raise health or safety concerns. This documentation shall be maintained by the City with the removed materials.

SECTION 6. REMOVAL DUE TO LACK OF VALID CITY VENDING PERMIT A. Food, goods, or merchandise displayed, offered, or made available for rent or sale by a vendor who does not possess a valid City vending permit may be removed by any Officer.

B. At the time of removal, the Officer shall provide to the vendor a receipt that includes the date and time the materials were removed and a complete description of the removed materials, including any perishable items and the storage of which raise health or safety concerns. The receipt shall also include instructions on how to reclaim removed materials and notify the vendor that failure either to reclaim the materials during the 90-day holding period or timely appeal the removal may result in forfeiture of the removed materials to the City.

C. If a vendor has received three or more citations that have become final for vending without a valid City permit within the prior 24-month period, the City may forfeit the vendor's removed materials. For these purposes, if a vendor contests a citation pursuant to IMC Chapter 1.20, the citation will become final only if the Hearing Officer determines that the citation should be upheld. A vendor whose property is subject to a City forfeiture order may appeal that order pursuant to the procedures set forth in IMC

5.24.160.C.

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SECTION 7. CITY RETENTION OF REMOVED MATERIALS
Removed food, goods, or merchandise shall be held by the City for a period of at least 90 days. Unless a person claiming ownership has timely appealed (as described in Section 8) or reclaimed the removed materials pursuant to Section 8, the removed materials will be forfeited to the City after the expiration of the 90-day holding period.

Notwithstanding the foregoing, the City may immediately dispose of removed materials that are perishable and the storage of which raises health or safety concerns.

SECTION 8. RECLAIMING REMOVED MATERIALS
Prior to the expiration of the 90-day holding period described in Section 7, or before any appeal related to the removal becomes final, any person claiming ownership of food, goods, or merchandise that has been removed may reclaim such materials upon payment of any fees, proper proof of ownership, and a vending permit valid as of the date the food, goods, or merchandise were removed. Owners of removed material will contact the City to reclaim their property.

SECTION 9. APPEAL OF REMOVAL OF FOOD, GOODS, OR MERCHANDISE Any person claiming ownership of removed food, goods, or merchandise may contest the removal by filing a timely appeal pursuant to IMC 5.24.160.C. Removed materials that are the subject of a timely appeal shall be held by the City until the later of (a) the expiration of the 90-day holding period described in Section 7 or (b) the appeal, including any judicial review, becoming final. Thereafter, provided that the removal is upheld on appeal, the removed materials will be forfeited to the City. Notwithstanding the foregoing, the City may immediately dispose of removed materials that are perishable and the storage of which raises health or safety concerns.

SECTION 10. ITEMS FORFEITED TO THE CITY
After removed materials have been forfeited to the City, the City may dispose of such items in its sole discretion.

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ATTACHMENT C
RESOLUTION NO. CC 2024-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, ESTABLISHING FEES RELATING TO

SIDEWALK VENDING REGULATIONS, AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME

RECITALS
WHEREAS, Senate Bill 946 ("SB 946"), the California Safe Sidewalk Vending Act, become effective on January 1, 2019, and set forth the manner in which sidewalk vendors may be regulated by cities and counties (California Government Code Sections 51036- 51039); and
WHEREAS, California Government Code Section 51038(b)(a) allows cities to adopt a program to regulate sidewalk vendors in compliance with SB 946 and protect public health, safety, or welfare; and
WHEREAS, on or about October 24, 2024, the City Council adopted Ordinance No. 832, amending Title 5 (Licenses and Regulations) of the City of Industry Municipal Code ("Code") adding Chapter 5.24 (Sidewalk Vending), establishing a sidewalk vending program to regulate and permit sidewalk vending in compliance with SB 946; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, or charges do not exceed the actual cost of providing such services; and WHEREAS, pursuant to Section 5.24.040 (Permit Application) of the City's Code, a non-refundable application fee for a sidewalk permit may be established by resolution of the City Council. Pursuant to Section 5.24.130.C.3 (Retrieval) of the City's Code, applicable removal and storage fees may be adopted by the City Council. Pursuant to Section 5.24.160.C (Appeal of Denial or Rescission of Sidewalk Vending Permit), a request for appeal processing fee may be adopted by the City Council; and WHEREAS, the fees established in this Resolution have been determined by City Staff based on the estimated cost of Staff, City consultant, and other third party time involved in reviewing and processing sidewalk vendor permit applications, removal of sidewalk vending items from public right-of-way, and requests for appeals, and thus does not exceed the estimated cost of the regulatory program and service required hereunder; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.

SECTION 2: The Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). It has been determined that this Resolution is not subject to CEQA pursuant to Section 15273(a)(1) of the CEQA Guidelines because CEQA does not apply to the establishment of fees that are for the purpose of meeting operating expenses. The fees established under this Resolution are to recover the City's operating costs to implement a sidewalk vending permit program. Based on the foregoing findings, the City Council hereby approves the Notice of Exemption, and directs Staff to file same as required by law.

SECTION 3: The City Council hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to this City Council concerning the fees described herein does not exceed the actual cost of providing the service which the fees are levied and that the fees solely recover an objectively reasonable approximation of the City's actual and reasonable costs, as set forth in Exhibit A
SECTION 4: The City Council hereby adopts the fee schedule applicable to Chapter 5.24 of the Industry Municipal Code, attached hereto as Exhibit B, and incorporated herein by reference.

SECTION 5: The fees set forth herein shall become effective upon the effective date of Ordinance No. 832.

SECTION 6: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.

SECTION 6: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 7: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 12, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

EXHIBIT A

FEE CALCULATIONS
Hourly Number
Title Rate of hours Cost
Contract Design Engineer $150.00 3.0 $450.00
Engineering Manager $111.00 0.5 $55.50
Contract Senior Inspector $190.00 1.0 $190.00
County of Los Angeles Sheriff's Department
Background check $135.45 0.5 $67.73
Actual cost per application $763.23
50% of Actual cost per application $381.61
Proposed Sidewalk Vendor Permit Fee $380.00

EXHIBIT B

FEE SCHEDULE

FEE DESCRIPTION FEE
Sidewalk Vending
Sidewalk Vendor Permit Application (annual) $380.00
Removal of vending equipment (flat rate) $176.00
Storage fee (per day) $27.00
Appeal fee $250.00

ATTACHMENT D

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way, Suite 100
Environmental Filings City of Industry, CA 91744
12400 East Imperial Highway #2001
Norwalk, CA 90650
Project Title: Ordinance No. 832, amending the City of Industry's Municipal Code to add Chapter 5.24 (Sidewalk Vending); and Resolution No. CC 2024-42, adopting a policy for the Removal of Sidewalk Vending Items from the Public Right-of-Way.

Project Location - Specific: Citywide
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: The proposed Ordinance amends Title 5 (License & Regulations) of the City's Code, to add Chapter 5.24 (Sidewalk Vending), establishing sidewalk vending regulations. Additionally, the proposed Resolution adopts a policy for the Removal of Sidewalk Vending Items from Public Right- of-Way.

Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
M Categorical Exemption. State type and section number: Sections 15061(b)(3) • Statutory Exemptions. State code number: 14 California Code of Regulations Section 15260 et seq. - Rates, Tolls, Fares, and Charges
Reasons why project is exempt:

Lead Agency Ordinance No. 832 and Resolution No. CC 2024-42 establish regulations for sidewalk vending. It has been determined that this Ordinance and Resolution do not have the potential for creating a significant effect on the environment and are therefore is not a project under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that adoption of the ordinance has no possibility of having a significant effect on the environment.

Contact Person: Kathy Tai Telephone: 626) 333-2211
Signature: Date:
-
Title: Development Services Manager

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way, Suite 100
Environmental Filings City of Industry, CA 91744
12400 East Imperial Highway #2001
Norwalk, CA 90650
Project Title: Resolution No. CC 2024-42, establishing fees for the City of Industry's sidewalk vending program.

Project Location - Specific: Citywide
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: The proposed Resolution establishes fees for the City of Industry's sidewalk vending program.

Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
M Categorical Exemption. State type and section number: Sections 15061(b)(3) Statutory Exemptions. State code number: 14 California Code of Regulations Section 15260 et seq. - Rates, Tolls, Fares, and Charges
Reasons why project is exempt:

Lead Agency Resolution No. CC 2024-43 establishes fees for sidewalk vending. It has been determined that this Resolution is not subject to CEQA pursuant to Section 15273(a) (1) of the CEQA Guidelines because CEQA does not apply to the establishment of fees that are for the purpose of meeting operating expenses. The fees established under this Resolution are to recover the City's operating costs to implement a sidewalk vending permit program.

Contact Person: Kathy Tai Telephone: (626) 333-2211
Signature: Date:

Title: Development Services Manager

Industry City CouncilOctober 10, 2024

Industry City Council
October 10, 2024