Industry City Council
March 19, 2025

CITY COUNCIL SPECIAL MEETING AGENDA
MARCH 19, 2025
PAGE NO. 1

CITY COUNCIL

SPECIAL MEETING
AGENDA
MARCH 19, 2025 AT 8:30 AM

MAYOR CORY MOSS

MAYOR PRO TEM MICHAEL GREUBEL

COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI

COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California ADDRESSING THE CITY COUNCIL:

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

Anyone wishing to speak to the 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 form should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the Council.

Public Comments (Agenda Items Only): During public comments, if you wish to address the City Council during this Special Meeting, under Government Code Section 54954.3(a), you may only address the City Council concerning any item that has been described in the notice for the Special Meeting.

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: 279 630 399 271
Meeting Passcode: TT7is65H
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 698 915 755#
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 East Stafford Street, Suite 100, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Friday 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.

1. Call to Order

2. Flag Salute

3. AB 2449 Vote on Emergency Circumstances (if necessary)

CITY COUNCIL SPECIAL MEETING AGENDA
MARCH 19, 2025
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4. Roll Call

5. Presentations

6. CONSENT CALENDAR

6.1. Consideration of the Register of Demands for March 13, 2025 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2. Termination of the May 15, 2023 Professional Services and Software Agreement with OpenGov, Inc., and consideration of a revised Professional Services and Software Agreement with OpenGov
RECOMMENDED ACTION: Approve the Agreement.

6.3. Consideration of a Lease by and Between the City of Industry and Puente Hills Ford, LLC
RECOMMENDED ACTION: Approve the lease

6.4. Consideration of Resolution CC 2025-09 - CANCELLING THE JUNE 3, 2025, GENERAL MUNICIPAL ELECTION AND PROVIDING FOR THE

APPOINTMENT TO THE OFFICE OF COUNCIL MEMBER
RECOMMENDED ACTION: Staff recommends that the City Council adopt Resolution CC 2025-09, appointing Michael Greubel and Steve Marcucci to four-year terms; and cancelling the June 3, 2025, General Municipal Election

6.5. Consideration of a License Agreement with the City of La Puente, for access to Assessor’s Parcel No. 8208-025-943, for a community event RECOMMENDED ACTION: Approve the License Agreement

6.6. Consideration of the 2024 Housing Element Annual Progress Report RECOMMENDED ACTION: Receive and file the Housing Element Annual Progress Report for 2024, and direct Staff to transmit copies to the California Department of Housing and Community Development and Governor's Office of Land Use and Climate Innovation no later than April 1, 2025, as required by State law.

6.7. Consideration of a Public Health Services Contract with the County of Los Angeles for public health services
RECOMMENDED ACTION: Approve the Agreement

CITY COUNCIL SPECIAL MEETING AGENDA
MARCH 19, 2025
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6.8. Consideration of Amendment No. 6 to the Professional Services Agreement with Trimark Associates, Inc., for the Metrolink Solar and Electrical Vehicles Charger Facility, extending the term through March 31, 2028, revising the rate schedule, and increasing compensation by $91,639.50 (MP 06-18 #10) RECOMMENDED ACTION: Approve the Amendment

6.9. Consideration of Amendment No. 1 to the Professional Services Agreement with Verdantas Inc., to provide on-call geotechnical engineering, extending the term through February 27, 2028, revising the Rate Schedule, and increasing compensation in the amount of $200,000.00
RECOMMENDED ACTION: Approve the Amendment

6.10. Consideration of Amendment No. 1 to the Maintenance Services Agreement with Sage Environmental, LLC., for grazing services at Tonner Canyon, extending the term through February 28, 2027, and increasing compensation by $370,500.00 (MP 00-20)
RECOMMENDED ACTION: Approve the Amendment

6.11. Consideration of Amendment No. 3 to the Professional Services Agreement with Transportation & Energy Solutions, Inc. for On-Call Traffic Engineering Services, extending the term through March 28, 2028, revising the rate schedule, and increasing compensation by $250,000.00
RECOMMENDED ACTION: Approve the Amendment

7. ACTION ITEMS

7.1. Consideration of a Resolution approving Development Plan Application No. 24-02, allowing a 24,792 square foot addition to an existing warehouse and manufacturing building, located at 15051 Don Julian Road, City of Industry, California, and adopting a Notice of Exemption regarding same, and making findings in support thereof
RECOMMENDED ACTION: Because the Project complies with the development standards of the City’s Code, does not pose a significant impact on the environment, and satisfies the required findings outlined in Resolution No. CC 2025-10, Staff recommends that the City Council:
1) Adopt Resolution No. CC 2025-10 approving Development Plan No. 24- 02, with the Standard Requirements and Conditions of Approval contained in the Resolution and Notice of Exemption regarding same.

8. PUBLIC HEARINGS-NONE

CITY COUNCIL SPECIAL MEETING AGENDA
MARCH 19, 2025
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9. CLOSED SESSION

9.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Puente Hills Associates, LLC
Los Angeles County Superior Court Case No. 25STCV03679

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

Superior Court of California, County of Los Angeles
East District, West Covina Courthouse Case No. 20PSCV00797

9.3. 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

9.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. E-Ho One, LLC, et al.

Los Angeles County Superior Court Case No. 25STCV03695

9.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy City Center, LLC
Los Angeles County Superior Court Case No. 25STCV03524

9.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy Point, LLC
Los Angeles County Superior Court Case No. 25STCV03700

CITY COUNCIL SPECIAL MEETING AGENDA
MARCH 19, 2025
PAGE NO. 5

9.7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Puente Hills Associates, LLC
Los Angeles County Superior Court Case No. 25STCV03679

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. Adjournment. The next regular City Council Meeting is March 27, 2025, at 9:00 AM.

ITEM NO. 6.1

ITEM NO. 6.2

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
DATE: March 19, 2025
SUBJECT: Termination of the May 15, 2023 Professional Services and Software Agreement with OpenGov, Inc., and consideration of a revised Professional Services and Software Agreement with OpenGov Background:

On May 11, 2023, the City executed an agreement with OpenGov to provide electronic permitting and plan review services which allows developers to submit applications online, receive project status electronically, and make online payments, while giving Staff the capability to receive, review, track, and approve applications through the online portal. The City has found this process to be more efficient for all parties. The current term expires on May 15, 2028.

Cartegraph Systems, LLC ("Cartegraph") was acquired by OpenGov on July 27, 2022. The City has had an agreement dating back to 2016 to provide software that tracks the City's field operations and City asset condition in a geographic information system ("GIS") environment.

Additionally, Cartegraph provides a data collection platform that complies with best practices which includes extraction and asset module services for the following assets: sign, support, sidewalk, ADA ramp, median, landscape, trees, parcel, water, bus stop and pavement inspection. The City Council previously approved three, three-year extensions with Cartegraph in 2016 2019, 2022 and the current term expires on March 22, 2025.

Discussion:

City Staff is recommending a Professional Services and Software Service Agreement ("Agreement") with OpenGov to continue providing services for a new three-year term through May 14, 2028. OpenGov will continue to provide municipal and public entities cloud services, which include permitting and licensing services to assist government agencies in streamlining their process. As well as incorporating the Cartegraph services which include Asset Builder extension, Continuation of SeeClickFix, Asset Condition Manager, and Scenario Builder. In order to combine all services into one agreement, it is recommended that the City terminate the existing agreement, and enter into a new agreement for all services. Staff recommends the City

Council approve the Agreement with OpenGov, in an amount not to exceed $351,058.29, through May 14, 2028.

Fiscal Impact:

This Professional Services and Software Agreement rescinds and replaces the Agreement executed on May 15, 2023.

The fiscal impact is $351,058.29 over three years. The initial term for the remaining period of March 22, 2025 to May 14, 2025 is prorated at $7,364.79. The first term will be from May 15, 2025 to May 14, 2026 and will cost $104,200.95. Additional services include two "Professional Services Deployments", which are two-day onsite training service events at a rate of $7,600.00 for each training and reimbursable travel expenses not to exceed $4,800.00. The total for these services are $15,200.00, and will be billed upon completion. In the adopted Fiscal Year Budget 2024-2025, $200,000.00 is approved (Account No. 100-525-5695.04, MP 16-06).

The second term will cost $109,411.00 and will be paid in Fiscal Year 2025-2026. The third term will cost $114,881.55 to be paid in Fiscal Year 2026-2027.

Recommendation:

Staff recommends that the City Council approve the Professional Services and Software Services Agreement with OpenGov.

Exhibits:

1. Professional Services and Software Services Agreement with OpenGov, Inc, dated March 19, 2025

CITY OF INDUSTRY

PROFESSIONAL SERVICES AND SOFTWARE SERVICES AGREEMENT
This PROFESSIONAL SERVICES AND SOFTWARE SERVICES AGREEMENT (“Agreement”), is made and effective as of March 19, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City” or “Customer”) and OpenGov, Inc., a Delaware Corporation (“Consultant” or “OpenGov”). The City and Consultant are hereinafter collectively referred to as the “Parties”. This Agreement sets forth the terms under which City will be permitted to use OpenGov’s hosted software services.

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

WHEREAS, Effective May 15, 2025, this Agreement shall replace and supersede in its entirety the Professional Services and Software Services Agreement for OpenGov Permitting and Licensing signed between the parties and effective May 15, 2023.

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

1. DEFINITIONS
“City Data” means data that is provided by City to OpenGov pursuant to this Agreement (for example, by email or through City’s software systems of record). City Data shall not include any confidential personally identifiable information.
“Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems, including instructions, user guides, and lists of capabilities. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by City to OpenGov, including feedback provided through online developer community forums.
“Initial Term” means the initial license term specified in number of years on the Order Form, commencing on the Commencement Date.
“Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.
“Order Form” means OpenGov’s Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both Parties. “Renewal Term” means each additional renewal period, for which this Agreement is extended pursuant to Section 7.2.

2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES

2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and City (“Software Services”) attached as Exhibit A, and incorporated herein by reference.

2.2 Support & Service Levels. City support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. City may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at https://opengov.com/service-sla, as long as City is entitled to receive support under the applicable Order Form and this Agreement.

2.3 Professional Services.
(a) Consultant or its authorized independent contractors shall perform professional services to the City, such as implementation services, which will be described in a statement of work (“SOW”) agreed to by the Parties (the

“Professional Services”). Unless otherwise specified in the SOW, any pre-paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre-paid Professional Services Fees shall be forfeited.
(b) Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. City shall have the right to request, in writing, changes to the Professional 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 the applicable SOW. 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. OpenGov shall be compensated for any additional services in the amounts and in the manner as agreed to by City and OpenGov at the time City’s written authorization is given to OpenGov for the performance of said services. OpenGov has or will secure at its own expense all licensed personnel required to perform the Services. All Services shall be performed by OpenGov or under its supervision, and all personnel engaged in the Services shall be qualified and, where applicable, licensed, to perform such services. OpenGov shall maintain complete and accurate records with respect to the performance of services under this Agreement in accordance with generally accepted accounting principles and shall be accessible to City upon written notice.
(c) OpenGov shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of services under any SOW, including but not limited to, and to the extent appliable, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). (d) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by City and incurred by OpenGov in performing the professional services will be reimbursed by City. Travel expenses include cost of coach airfare travel round trip from the individual’s location to City's location, reasonable hotel accommodations, ground transportation and meals.
(e) OpenGov represents 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 and that no officer or employee of City has or will receive compensation, directly or indirectly, from OpenGov in connection with any SOW.
(f) City's 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.
(g) 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. In no event shall any audit occur: (1) more than one (1) time per calendar year, (2) no less than three (3) business days prior written notice or outside of Consultant’s normal business hours, and (3) on systems where such audit may, in Consultant’s sole reasonable discretion, violate its third party confidentiality obligations. 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 Professional Services 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 Professional Services performed under this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Restrictions. City may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. City shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3.2 Responsibilities. City shall be responsible for obtaining and maintaining computers and third-party software

systems of record (such as City’s ERP systems) needed to connect to, access or otherwise use the Software Services. City also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of City user accounts by any party other than OpenGov.

4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CITY DATA

4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and City may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to City’s obligations under this Agreement, OpenGov hereby grants to City a non-exclusive, royalty-free license during the Term to use the Software Services.

4.2 City Data. City retains all right, title, and interest in the City Data and all Intellectual Property Rights therein. City hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the City Data, and to use City Data for purposes of product enhancement, providing the Services to the City, or for analyzing such data and publicly disclosing such analysis (“Insights”), provided that in all such uses City Data is rendered anonymous such that City is no longer identifiable.

4.3 Access to City Data. City may download the City Data from the Software Services at any time during the Term, other than during routine software maintenance periods OpenGov has no obligation to return City Data to City.

4.4 Feedback. City hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation City’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of City’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. CONFIDENTIALITY

5.1 Each Party (the “Receiving Party”) agrees not to disclose any Confidential Information of the other Party (the “Disclosing Party”) without the Disclosing Party’s prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law, including but not limited to, the California Public Records Act (Cal. Gov’t. Code 7920 et seq.) (“CPRA”), or court order, provided that prior written notice of such required disclosure is given to the Disclosing Party. The City shall have the sole and absolute right to determine whether a document is required to be disclosed under the CPRA provided that the City consults with OpenGov prior to such disclosure.

5.2 “Confidential Information" means all confidential business, technical, and financial information of the Disclosing Party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation.

5.3 Notwithstanding the foregoing, “Confidential Information” does not include: (a) “Public Data,” which is data that the City has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or City requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

6. PAYMENT OF FEES

6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as “Fees”. Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (i) all obligations to pay Fees are noncancelable and all payments are non-refundable, (ii) City must pay all Fees due under all Order Forms and SOW within thirty (30) days after City receives each invoice (invoices are deemed received when OpenGov emails them to City’s designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) City

must make all payments without setoffs, withholdings or deductions of any kind. (b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. (c) Invoicing and Payment. OpenGov will invoice the City according to the Billing Frequency listed on the Order Form.

City shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice City for travel expenses, preapproved by the City, incurred in connection with each SOW as they are incurred. City shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.

6.2 Consequences of Non-Payment. If City fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) City will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If City’s account remains delinquent (with respect to payment of a valid invoice) for thirty (30) days after receipt of a delinquency notice from OpenGov, which may be provided via email to City’s designated billing contact, OpenGov may temporarily suspend City’s access to the Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in accordance with Section 7. City will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such City delinquency.

6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). City is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, City. If City fails to pay any Sales Taxes, then City will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event City or the transactions contemplated by the Agreement are exempt from Sales Taxes, City agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

7. TERM & TERMINATION

7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on March 19, 2025 (the “Commencement Date”) and shall continue until the Subscription End Date specified on the Order Form (the “Initial Term”) unless sooner terminated pursuant to Section 7.3 below.

7.2 Renewal. This Agreement shall renew for another period of the same duration as the Initial Term (the “Renewal Term” and together with the Initial Term, the “Term”), so long as the Parties renew this Agreement in writing no less than one hundred eighty (180) before the end of the Initial Term.

7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (thirty (30) days in the case of non-payment), the non-breaching party may terminate this Agreement.

7.4 Effect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section

7.1: (a) City shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, (b) all Software Services provided to City hereunder shall immediately terminate; and (c) each Party shall return to the other Party or, at the other Party’s option, destroy all Confidential Information of the other party in its possession.
(b) Deletion of City Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the expiration or termination of this Agreement the City Data, excluding any Insights, shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, City may request deletion of City Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, City Success” at OpenGov’s address for notice described at Section 10.

7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of City Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).

8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER; INDEMNIFICATION

8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards.

For any breach of the Professional Services warranty, City’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re- perform all such work as warranted, City will be entitled to recover all fees paid to OpenGov for the deficient work. City must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term.

OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the Fee for such Software Services.

8.2 By City. City represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov’s use of the City Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.4 Indemnity.
(a) OpenGov shall indemnify and hold Customer, its elected and appointed officials, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) to the extent arising out of or in connection with a third party claim alleging that the Software Services infringes a copyright, patent (U.S. only), or a trademark of, or has caused harm to the rights of, a third party. If the Software Services becomes, or in OpenGov’s opinion is likely to become, the subject of an infringement claim, OpenGov may, at its option and expense, either (a) procure for Customer the right to continue using the Software Services, (b) replace or modify the Software Services so that it becomes non- infringing, or (c) terminate the licenses granted hereunder and give Customer a pro-rata refund for any pre-paid, unused fees paid by Customer.

Notwithstanding the foregoing, OpenGov will have no obligation under this Section or otherwise with respect to any infringement claim based upon (i) any use of the Software Services not in accordance with this Agreement or for purposes not intended by OpenGov, (ii) any use of the Software Services in combination with other products, equipment, software, or data not supplied by OpenGov, (iii) any use of any release of the Software Services other than the most current release made available to Customer, or (iv) any modification of the Software Services by any person other than OpenGov or its authorized agents or subcontractors. Customer shall (a) promptly give notice of a claim to OpenGov; (b) give OpenGov control of the defense and settlement of the claim (provided that OpenGov may not settle such claim unless such settlement unconditionally releases Customer of all liability); (c) provide to OpenGov all available information and reasonable assistance; and (d) not compromise or settle such third-party claim. THE FOREGOING IS OPENGOV'S OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY INDEMNIFICATION.
(b) 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 which is caused in whole or in part by the negligence 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.

OpenGov shall indemnify and hold the Indemnified Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) for bodily injury, death, or tangible or

real property damage brought against any of the Indemnified Parties to the extent arising from any negligence, act or omission or willful misconduct by OpenGov or its directors, officers, employees, or agents performing Services related to this Agreement.

LIMITATION OF LIABILITY

8.5 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,

CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT

MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS

ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CITY TO

OPENGOV (OR, IN THE CASE OF CITY, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

8.6 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party, (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.,

8.7 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to City.

9. MISCELLANEOUS

9.1 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word “notice” appears) the Parties must communicate more formally in a writing given by personal delivery, by prepaid first-class mail or by overnight courier to the address specified below.

To City: City of Industry
15625 Mayor Dave Way City
of Industry, CA 91744
Attention: Joshua Nelson, 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: OpenGov, Inc.
660 3rd Street, Suite 100
San Francisco, CA
94107ATTN: Legal Department
With a copy to:
[email protected]

9.2 Force Majeure. Neither Party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

9.3 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to

this Agreement.

9.4 Assignment. Except as set forth in this Section, neither Party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other Party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either Party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each Party’s permitted assigns and successors.

9.5 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither Party has any authority of any kind to bind the other Party in any respect.

9.6 Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

9.7 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in Los Angeles County, California, and the Parties hereby submit to the personal jurisdiction and venue therein.

9.8 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

9.9 Insurance. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by reference. “CITY” “CONSULTANT”
City of Industry OpenGov, Inc.

By: By:

Joshua Nelson, City Manager Name:

Attest:

By:

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

By:

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following:

Cloud hosted operations management and asset management solutions (the “Software Services” or "Cartegraph Solutions" or "Solutions"), for City's own internal use and operations.

Consultant shall provide City with a subscription to access and use the Solutions set forth in this Agreement, and perform those Services specified in this Agreement (the services provided by Consultant under this Agreement, including the services made available through the Solutions, the "Services"). All access to and use of the Solutions and the performance of all Services are subject to the terms of this Agreement.

The Solutions will include the functionality described in the Agreement. Consultant may from time to time update, change, or revise the functionality of the Solutions, provided the functionality of the Solutions is not materially decreased from that described in this Agreement or amendment thereto.

Subject to the terms and conditions of this Agreement, during the term of this Agreement Consultant shall provide the City with a non-exclusive, non-transferable, and non­ sublicensable subscription to allow employees and independent contractors of City ("Users") to access and use the Solutions, solely for purposes of City's own internal use and operations.

If City purchased a per-user subscription, as indicated in the Agreement, only the finite number of subscriptions indicated in the Agreement have been purchased by City and only that finite number of Users may access and use the Solutions at any given time. If City has purchased an unlimited subscription, as indicated in the Agreement, all Users associated with City are permitted to access and use the Solutions at any given time. In either case, the subscription applies only to the Users and does not allow access to or use of the Solutions by any affiliated entities or organizations, or any other entity unless approved in advance by Consultant in writing.

City may access the Solutions solely through the account established for City (an "Account"). City will be permitted to establish user identifications and passwords through which individual Users may access the Solutions through City's Account ("User IDs"). Each User ID is issued to a specific User and may be used only by that User. City will ensure that all information about each User provided to Consultant in connection with establishing each User ID is accurate and complete and will maintain that information as accurate and complete throughout the term of this Agreement.

City is and will remain solely responsible for all use of the Solutions by any User, and for compliance by each User with the applicable terms of this Agreement. If City authorizes an independent contractor or consultant as a User, in addition to being responsible for such independent contractor's or consultant's actions as a User, City shall also require such independent contractor or consultant to agree to terms at least as protective of the Solutions as those contained in this Agreement prior to being granted access to the Solutions. City will ensure the security and confidentiality of each User ID and will use commercially reasonable efforts to prevent unauthorized access to or use of the Solutions. City will notify Consultant promptly of any such unauthorized access or use of the Solutions or if any User ID is lost, stolen, or otherwise compromised.

City acknowledges that City is and will remain fully responsible for all costs, fees, liabilities, or damages incurred through any access to or use of the Solutions through City's Account or by any User (whether lawful or unlawful) and that any Services used or transactions facilitated through City's Account or under any User ID will be deemed to have been completed by City. In no event will Consultant be liable for the foregoing obligations or any failure by City to fulfill such obligations.

The Solutions, the software, hardware, databases, and other technology used by or on behalf of Consultant to provide the Solutions (the "Cartegraph Technology"), and their structure, organization, and underlying data, information, and source code, constitute valuable trade secrets of Consultant and its licensors. As a condition to the use of and access to the Solutions, City will not, and will not permit any User or other third party to: (a) access or use the Solutions except as expressly permitted by this Agreement; (b) access or use the Cartegraph Technology directly, except through the Solutions as expressly provided in this Agreement; (c) use the Solutions in any unlawful or illegal manner or in any other manner that could damage, disable, overburden or impair the Cartegraph Technology; (d) use automated scripts to collect information from or otherwise interact with the Cartegraph Technology; (e) alter, modify, reproduce, create derivative works of the Cartegraph Technology; (f) distribute, sell, resell, lend, loan, lease, license, sublicense, transfer, or otherwise make available the Solutions or any of City's rights to access or use the Solutions or any Service to any third party; (g) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or

any trade secrets embodied in the Cartegraph Technology; (h) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Cartegraph Technology; (i) use the Cartegraph Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking, business intelligence, data mining, or competitive purposes; or j) interfere in any manner with the operation or hosting of the Cartegraph Technology.

Consultant shall provide City with software in connection with the Solutions ("Software"). Unless any Software provided by Consultant in connection with the Solutions is subject to a license or other agreement separate from this Agreement that City has entered into (or may enter into) with Consultant (a "Software License Agreement"), Consultant grants City a limited, non-exclusive, non-transferrable, non-assignable, license solely to install and execute the Software in accordance with the instructions provided by Consultant for City's own internal use and operations in connection with City's access to and use of the Solutions. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), City is granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software, and City may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, transfer, sell, distribute, or in any way exploit any Software without the prior written permission of Consultant. Except as set forth in this Agreement, the terms of any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement. City agrees that use of the Software is limited as described in the Agreement, as either: (1) Browser Based User - Each browser-based User is defined by User ID; or For Server Software - One copy of Software for each server. City agrees that Consultant may audit City's Software usage remotely or on-site upon reasonable notice and during standard business hours. Prevention of audit by City may be grounds for termination of this Agreement. Consultant and its licensors will not be responsible to City for loss of use of any Software or for any other liabilities arising from alterations, additions, adjustments, or repairs which are made to any Software by City or other third parties. Consultant reserves the right to terminate the licenses granted to any Software or any Services provided in connection with that Software upon written notice to City if any such alteration, addition, adjustment, or repair adversely affects Consultant's ability to render Services.

Consultant shall provide the following Support Services:

1. Support Services
a. OpenGov University – https://university.opengov.com/ Consultant User Assistance area is a convenient and easily-shareable resource designed to help City better understand the functions and capabilities of Cartegraph Solutions. Instantly access user tips, step-by-step guides, videos, and more.
a. Dedicated, Unlimited, Toll-free Phone Support - 650-336-7167 When questions need answers and difficulties arise, Consultant support team will provide the guidance and assistance needed. Reach Consultant anytime Monday-Friday, 4:00 am-7:00 pm PT. b. Secure, Live Remote Support
If a challenge requires a more hands-on approach, Consultant has the remote support tools to fix it. A support team member will directly interact with City's system to find a fast, effective solution.

2. Training & Education Services
a. Convenient Online Resources
Consultant will provide access to OpenGov University which is an online repository of documentation and tutorial videos, upcoming event information, and more.
b. Customer Led User Groups
Consultant will provide access to user group seminars and conferences such as CarteCon where City Staff can network with similar other users in the region. Customer­ led User Groups help discover what other organizations are doing to get more from Cartegraph solutions and services.

3. Releases & Upgrades
a. New Releases
i. City's cloud-hosted site will be automatically upgraded by Consultant's system developers after the release is available. City will experience increased system performance while gaining timely access to the latest features and functionality. For the on-premises installation, Consultant's technical specialists will work with City's IT staff to receive the latest software release in a timely manner.

Service Packs:
• A Service Pack consists of lower-severity bug fixes and/or small platform updates. • If required, cloud-hosted sites will receive Service Packs as needed. These Service Packs are installed by the Cartegraph System Consultants.
• On-premises customers that contacted Cartegraph Technical Support about an issue that is resolved with the Service Pack, will be provided the Service Pack for installation. These onpremises customers can then schedule a time to install the Service Pack with our Technical Support team.
b. Hot Fixes
If an issue is determined to be a defect and falls outside the standard release cycle, Consultant will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution.

Consultant shall provide the support services only to City, provided that Consultant reserves the right to contact any third party as necessary to facilitate the delivery of support services or other services relating to the Solutions.

Said support applies only to the most current version of the product and the previous version in succession.

All support services are dependent upon the use by City of the Solutions in accordance with Consultant's documentation and specifications. Consultant is under no obligation to modify the Solutions so that the modified Solutions would depart from Consultant's published documentation and specifications for such Solutions.

The scope of work includes the following professional services which will be delivered to the City based on the descriptions below and are subject to the limitations and terms and conditions set forth in the Agreement:

Extended Support
• Consultant will provide the following services a total of twice within the duration of the contract. o A remote requirement gathering workshop, up to four (4) hours, to increase our understanding of City's business and functional goals. Through workshops and/or interviews, Consultant will identify needs and/or goals to address for the onsite event. o A two-day (2-day) onsite event for post-production system development. The agenda will be defined, and agreed upon, by both City and Consultant's project managers. Topics may include any of the following:
• Project or implementation consulting
• System configuration for your current products
• Training

Training
Consultant shall provide remote train-the-trainer training, up to sixteen (16) hours, on Scenario Builder functionality.

Training topics include:
o Scenario Builder
• Settings:
• Prediction Groups
• Minimum Condition Groups
• Activities and Impacts
• Criticality Factor
• Install/Replaced Dates
• Scenarios:
• Planned Work
• Map Control
• Work Order Creation
• Scenario Types
• Plan Years and Budgets
• Protocols
• Data Exports
• Consultant recommended best practices for scenario builder Consultant will provide all services remotely via audio, video, and web conferences unless otherwise noted.

Exclusions
The following service items are not included in the Services:
• Implementation of any custom modification or integration developed by Consultant, City internal staff, or any third-party is not included in the scope of this project unless specifically listed above.
• Data conversion services from other software system(s) or sources (including Consultant Navigator databases) are not included in the scope of this project unless specifically listed above.
• Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above.

City/Consultant Responsibilities
City and Consultant accept responsibility for all aspects of project planning, management, and execution not specifically identified as the sole responsibility of Consultant in the Agreement. Ongoing management of the day-to-day allocation of City and Consultant resources and management of project tasks is the responsibility of the City and Consultant project representatives. City and Consultant project representatives will provide overall guidance and direction for the project and will direct the project accordingly. Further, and withregard to the Consultant obligations listed in this Agreement, City understands that it is vital to the success of the project that City provides assistance in the following matters:

1. For those services listed under Field Services, Consultant personnel will conduct information gathering and evaluation sessions with various City Users and management. While Consultant respects the time and workload of City staff, dedicated time on the part of the appropriate City resources is necessary to complete these exercises.

2. The installation process requires the assistance of City personnel and suitable access to hardware and systems (e.g., security clearance). City is required to supervise the installation process while systems are accessible to Consultant. All hardware and software, for both personal computers and servers, is expected to be available, installed, and operating as specified in Consultant's system requirements documentation such that delivery and execution of Consultant Field Services will not be impeded.

3. City and Consultant understand that the successful performance of Field Services depends upon City fulfilling its responsibilities. The Project assumes that City will provide all personnel required to achieve a successful implementation, including a dedicated project manager responsible for reviewing the implementation scope of work, ensuring all attended meetings are attended by invited

staff, and providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems. City responsibility also includes internal documentation, internal change management, task completion, staff coordination and schedule commitment.

4. City will provide Internet access and IT staff support as required. For those services that are webbased, Consultant utilizes WebEx Meeting (or similar) technology.

5. City shall ensure that their workstation platform and database meet Consultant system requirements as specified in the Consultant System Requirements documentation. Solutions will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Consultant will discontinue support of its Solutions within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers.

6. City agrees to work with Consultant to schedule Implementation Services in a timely manner. All Implementation Services shall be completed within 365 days of execution of this Agreement, unless mutually agreed otherwise.

EXHIBIT B

RATE SCHEDULE
Service Term Rate
Asset Management – Prorated:

OMS Plus. OMS User (100 Users), SCF Other Agency Type, Integration Toolkit
(option), Asset Builder (option), Facilities Domain, Sanitary Sewer Domain,
Stormwater Domain, Transportation Domain, Walkability Domain, Water Distribution Domain, Scenario Builder (option)
March 22, 2025 – May 14, 2025 $7,364.79
Annual Subscription Fee:

Permitting, Licensing & Code Enforcement- 2 Service Areas Accounting & Finance Export, Autofill Interface, Esri ArcGIS Integration, Flag Integration, MAT/Assessor System & Flags
OMS Plus. OMS User (100 Users), SCF Other Agency Type,
Integration Toolkit (option), Asset Builder (option), Facilities Domain, Sanitary Sewer Domain, Stormwater Domain, Transportation Domain, Walkability Domain, Water Distribution Domain, Scenario Builder (option)
May 15, 2025 – May 14, 2026 $104,200.95
Annual Subscription Fee:

Permitting, Licensing & Code Enforcement- 2 Service Areas Accounting & Finance Export, Autofill Interface, Esri ArcGIS Integration, Flag Integration, MAT/Assessor System & Flags
OMS Plus. OMS User (100 Users), SCF Other Agency Type,
Integration Toolkit (option), Asset Builder (option), Facilities Domain, Sanitary Sewer Domain, Stormwater Domain, Transportation Domain, Walkability Domain, Water Distribution Domain, Scenario Builder (option)
May 15, 2026 – May 14, 2027 $109,411.00
Annual Subscription Fee:

Permitting, Licensing & Code Enforcement- 2 Service Areas Accounting & Finance Export, Autofill Interface, Esri ArcGIS Integration, Flag Integration, MAT/Assessor System & Flags
OMS Plus. OMS User (100 Users), SCF Other Agency Type,
Integration Toolkit (option), Asset Builder (option), Facilities Domain, Sanitary Sewer Domain, Stormwater Domain, Transportation Domain, Walkability Domain, Water Distribution Domain, Scenario Builder (option)
May 15, 2027 – May 14, 2028 $114,881.55
Grand Total $335,858.29
Service Term Rate
Professional Services Deployment - Fixed Fee (One (1) two-day onsite training service event. Scope-dependent. Billed upon completion.

Usable through May 14, 2028. $7,600.00
Professional Services Deployment - Fixed Fee One (1) two-day onsite training service event. Scope-dependent. Billed upon completion.

Usable through May 14, 2028. $7,600.00
Travel and Expense (Billed as incurred and not to exceed), and travel shall be in economy class
As required during the term. $4,800.00
Grand Total $15,200.00

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, limited to coverage for any hired, nonowned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Professional liability (technology 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 Commencement 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.

Cyber liability insurance. Consultant shall maintain cyber liability insurance as part of its blended Technology Errors and Omissions/Cyber Liability policy in an amount not less than $5,000,000.00 in the aggregate. Coverage shall be sufficiently broad to respond to the Services set forth in this Agreement, and shall include, but not be limited to, claims involving infringement of copyright, trademark, trade dress, claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information (including credit monitoring costs), alteration of electronic information, extortion and network security.”.

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.

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.

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 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.

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 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.

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. Selfinsurance will not be considered to comply with these specifications unless approved by the City.

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.

ITEM NO. 6.3
Verbal Presentation
ITEM NO. 6.4

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Julie Gutierrez Robles, City Clerk
DATE: March 19, 2025
SUBJECT: Consideration of Resolution CC 2025-09 - CANCELLING THE JUNE 3, 2025, GENERAL MUNICIPAL ELECTION AND PROVIDING FOR THE

APPOINTMENT TO THE OFFICE OF COUNCIL MEMBER
Background:

The nomination period for the 2025 General Municipal Election opened on February 10, 2025, and closed on March 07, 2025. Pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period if there are not more candidates than offices to be elected then the City Council can choose how to move forward.

Discussion:

Section 10229 of the Elections Code allows for one of the following courses of action to be taken by the City Council: appoint to the office the person who has been nominated; appoint to the office any eligible elector if no one has been nominated; or hold the election, if either no one or only one person has been nominated.

As of March 7, only two candidates were nominated for the two City Council seats to be filled at the June 3, 2025, general municipal election. Therefore, Staff recommends that the Council appoint the two persons nominated, Michael Greubel and Steve Marcucci for office of Council member. The appointment would be for a four-year term as if they were elected at the June 3, 2025, general municipal election
Fiscal Impact:

No Fiscal Impact
Recommendation:

Staff recommends that the City Council adopt Resolution CC 2025-09, appointing Michael

Greubel and Steve Marcucci to the City Council for four-year terms; and canceling the June 3, 2025, General Municipal Election
Exhibits:

1. COI Council Resolution Cancelling Election and Appoinments 2025

2. COI City Clerk Certification of Election 2025

RESOLUTION NO. CC 2025-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, CANCELLING THE JUNE 3, 2025, GENERAL MUNICIPAL

ELECTION AND PROVIDING FOR THE APPOINTMENT

TO THE OFFICE OF COUNCIL MEMBER
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the Nomination Period on March 7, 2025, there are not more candidates than offices to be elected, and that Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the person who has been nominated;

2. Appoint to the office any eligible elector if no one has been nominated;

3. Hold the election, if either no one or only one person has been nominated; and WHEREAS, only two candidates were nominated for the two City Council seats to be filled at the June 3, 2025, general municipal election; and
WHEREAS, there are no other city offices to be filled at the June 3, 2025, general municipal election; and
WHEREAS, on March 19, 2025, the City Clerk delivered to the City Council the certificate required by Section 10229 of the Elections Code, which is attached hereto as Exhibit “A” and incorporated herein by reference; and
WHEREAS, on March 13, 2025, the City Clerk posted and published the notice required by Section 10229 of the Elections Code; and
WHEREAS, pursuant to Section 10229 of the Elections Code, the City Council desires to appoint the two persons nominated for office of Council member: Michael Greubel, and Steve Marcucci to four-year terms, as if they were elected at the June 3, 2025, general municipal election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, DOES HEREBY FIND, DETERMINE AND RESOLVE, 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 election scheduled to be held on Tuesday, June 3, 2025, is now cancelled.

SECTION 3. That pursuant to Section 10229 of the Elections Code, the following persons are being appointed to the offices to which they were nominated, and are considered to be the same as being elected:

NAME OFFICE TERM
Michael Greubel Member of the City Council Full Term of Four (4) Years Steve Marcucci Member of the City Council Full Term of Four (4) Years SECTION 4. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

SECTION 5. That the City Clerk is directed to transmit a certified copy of this Resolution and all necessary documents to the Los Angeles County Registrar of Voters and Los Angeles County Board of Supervisors.

SECTION 6. The City Clerk is hereby directed not to accept for filing any statement for a write-in candidacy after the appointments are made.

SECTION 7. 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 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a special meeting held on March 19, 2025, 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

ITEM NO. 6.5

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: March 19, 2025
SUBJECT: Consideration of a License Agreement with the City of La Puente, for access to Assessor’s Parcel No. 8208-025-943, for a community event Background:

The City of La Puente (“La Puente”) has previously hosted a carnival at City-owned property located at the northeast corner of Mayor Dave Way and Sotro Street (“Property). The event was well received by the community and successfully provided entertainment, food, and recreational activities for attendees. Given the positive experience, La Puente requested to host the carnival at the same location. The carnival will run from April 4 through April 6, 2025.

Discussion:

The proposed License Agreement will be effective as of March 31, 2025, to allow time for the carnival setup and will remain in effect through April 7, 2025, to accommodate the teardown.

The City of La Puente will work closely with the carnival operator to ensure that all necessary insurance and permits are obtained.

Fiscal Impact:

Given that La Puente is requesting to use the Property for a community event, Staff recommends allowing the use of the Property at no cost.

Recommendation:

Staff recommends that the City Council approve the License Agreement.

Exhibits:

1. COI License Agreement City of La Puente

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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”), dated March 31, 2025, (“Effective Date”) is entered into by and between the City of Industry, a municipal corporation (“Licensor/City”), and the City of La Puente, a government agency (“Licensee”). Licensor and Licensee are individually referred to as “Party” and collectively referred to as the “Parties”.

RECITALS
WHEREAS, the City is the owner of certain property located at the northeast corner of Mayor Dave Way and Sotro Street, and Licensee desires to enter the portion of the property generally described as a lot, Assessor’s Parcel No. 8208-025-943, as set forth in Exhibit A, attached hereto and incorporated herein by reference (“Premises”).

WHEREAS, Licensee desires to utilize the Premises to host a carnival; and WHEREAS, Licensee acknowledges that Licensee is entering onto the Premises at its sole risk and expense, and Licensor does not have any liability to Licensee under this Agreement.

NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

TERMS

1. License to Enter the Premises. Licensor hereby grants to Licensee a non-exclusive license (the “License”) granting permission to enter upon the Premises as of the March 31, 2025, and to use a portion of the Premises, as depicted in Exhibit A, to host a carnival (collectively, “Permitted Use”); provided, that Licensee’s use of the Premises shall not interfere with the operation of business activities, if any, then being conducted on the Premises, and provided Licensee provides written notice to the Licensor at least five (5) days prior to Licensee first entering upon the Premises (said written notice shall state the purpose for the entry upon the Premises, and said entry shall not exceed the stated purpose). Prior to any initial entry pursuant to the License, Licensee shall provide to Licensor proof of insurance as set forth in Section 8 of this Agreement.

Licensee shall not permit any other party, except the duly-authorized representatives, agents, employees and contractors (collectively “Representatives”) of Licensee to enter or use the Premises during the term of this License, without Licensor’s prior written consent, and in all events the sole reason for entry and use of the Premises shall be for the performance of Licensee’s Permitted Use.

2. Payment. Given that the Licensee is a government agency hosting a community event, Licensor will donate the space at no cost to Licensee.

3. Permitted Use. The Permitted Use is hereby defined to include event set up, parking of vehicles, carnival activity, and event tear down. Licensee shall exercise due care in the performance of the Permitted Use and such use shall be exercised in a manner which complies with all applicable laws.

4. Maintenance of Premises. During the term of the License, Licensee shall clean up all trash after the conclusion of the event. Upon termination of the License, Licensee shall repair any

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damage done to the Premises by Licensee or its duly authorized Representatives, including environmental contamination, and shall restore the Premises to its condition as of the Effective Date of this Agreement.

5. Government Regulations and Other Obligations of Licensee. As a condition precedent to commencement of the Permitted Use, if required, Licensee shall obtain at its sole cost and expense all governmental permits and authorizations of whatever nature required, if any (“Permits”) by any and all governmental authorities having jurisdiction over the Premises for Licensee’s exercise of the Permitted Use. Licensor shall use commercially reasonable efforts to cooperate with Licensee and to support any and all applications or request for said Permits submitted by Licensee or on Licensee’s behalf. Licensee shall, in all activities undertaken pursuant to this Agreement, comply and cause its Representatives to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees.

6. Liens.

6.1 Licensee shall not cause or permit to be filed, recorded or enforced against the Premises, or any part thereof, any mechanics’, material men’s, contractors’ or subcontractors’ liens arising from the Permitted Use or any claim or action affecting the title to the Premises arising from the Permitted Use, and Licensee shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of Licensor’s other rights and remedies under this Agreement or under law, should Licensee fail within fifteen (15) business days of a written notice from Licensor to pay and discharge or bond over any lien arising out of Licensee’s use of the Premises, then a material breach under this Agreement shall be deemed to have occurred which, at Licensor’s election, shall entitle Licensor to terminate this License effective upon notice by Licensor to Licensee so stating.

6.2 If Licensee desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Premises or any portion thereof for which Licensor could become liable if not successfully resolved, as a condition to such contest, Licensee shall notify Licensor of Licensee’s intent to contest the lien or claim and the grounds for such contest. Notwithstanding anything to the contrary set forth herein, Licensee shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Licensor or the Premises.

7. Insurance. Prior to entering the Premises and until the termination of this Agreement, Licensee shall maintain at its sole expense insurance limits as stipulated in this section.

7.1 Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $3,000,000 per occurrence and $5,000,000 in the aggregate.

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(b) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Licensee has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (c) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(d) Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the Licensor providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.”

7.2 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insured Status. The Licensor and City Representatives, (as defined in Section 8, below) are to be additional insureds on the CGL policy with respect to liability arising out of Licensee’s use of the Premises. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). (b) Primary Coverage. For any claims related to this Agreement, the Licensee’s insurance coverage shall be primary insurance as respects the Licensor/City Representatives. Any insurance or self-insurance maintained by the Licensor/City Representatives, shall be excess of the Licensee’s insurance and shall not contribute with it. (c) Contractors and Subcontractors. Licensee shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Licensee shall ensure that Licensor/City Representatives are additional insureds on insurance required from contractors/subcontractors. For CGL coverage contractors and subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. (d) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (e) Waiver of Subrogation. Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation provided such endorsement is available on commercially reasonable terms, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (f) Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. The City may require the Licensee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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(g) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Licensee is insured through the Association of California Water Agencies Joint Powers Insurance Authority and the City hereby approves of that insurer. (h) Deductibles. All such insurance shall have deductibility limits of not greater than $50,000.00 unless otherwise approved by the City. (i) Verification of Coverage. Licensee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before exercise of the Permitted Use commences. However, failure to obtain the required documents prior to the exercise of the Permitted Use shall not waive the Licensee’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies, including endorsements, required by these specifications, at any time. (j) Occurrence Basis Coverage. All policies shall be written on an occurrence basis unless otherwise approved by the City.

8. Indemnification. From and after the execution of this Agreement, Licensee hereby agrees to indemnify, defend, protect and hold harmless, with counsel of the Licensor’s choosing, the City and any and all predecessors, successors, assigns, agents, officials, employees, members, independent contractors, affiliates, principals, officers, directors, attorneys, accountants, representatives, staff, and council members of the City collectively, the “City Representatives”, and each of them, from and against all claims, including any claims from any third party beneficiary to this Agreement, causes of action, liabilities, losses, damages, injuries, expenses, charges, penalties, or costs, of whatsoever character, nature and kind, (including attorney’s fees and costs incurred by the indemnified Party with respect to legal counsel of its choice), whether to property or to person(s), and whether by direct or derivative action, known or unknown, suspected or unsuspected, latent or patent, existing or contingent (collectively “Losses and Liabilities”), related directly or indirectly to, or arising out of or in any way connected with any of the activities of Licensee, its agents, employees, licensees, lessees, representatives, invitees, contractors, subcontractors or independent contractors on the Premises. This indemnification requires Licensee to indemnify the City and any and all City Representatives from and against all Losses and Liabilities, including attorneys’ fees, arising out of the use or release of any Hazardous Substances on the Premises by Licensee. Licensee’s obligation to defend shall arise regardless of any claim or assertion that the City caused or contributed to the Losses and/or Liabilities, provided, however, that Licensee’s liability under this Section 8 will be limited to the extent of any contributory negligence of Licensor.

Environmental Indemnity.

Licensee’s Indemnity Obligations. Licensee agrees, from and after the Effective Date, to defend, indemnify, protect and hold harmless City Representatives from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined herein), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials

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(as defined herein), at, on, in, beneath or from the Premises and/or the Property during the term of the Lease (sometimes herein collectively referred to as "Contamination"), except to the extent caused by the Licensor or its agents, contractors or employees during the Licensor's ownership of the Property prior to the commencement of the Agreement or solely caused by the Licensor or its agents, contractors or employees during the term of the Agreement. Licensee’s defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Contamination, at Licensee’s sole cost.

Release and Waiver. Licensee hereby releases and waives all rights, causes of action and claims Licensee has or may have in the future against the City Indemnitees arising out of or in connection with any Hazardous Materials (as defined herein), at, on, in, beneath or from the Premises, except to the extent caused or permitted by Licensor or its contractors, agents, or employees prior to conveyance to the Licensee or caused by Licensor during the term of the Lease.

Definitions.
(1) As used in this Agreement, the term "Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by Licensee. (2) As used in this Agreement, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all fines, penalties and damages.
(3) As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C.§ 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. § 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. § 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.

Materiality. Licensee acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of Licensee for the benefit of Licensor set forth in this Agreement are a material element of the consideration to Licensor for the performance of its obligations under this Agreement, and that Licensor would not have entered this Agreement unless Licensee's obligations were as provided for herein.

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9. Term, Termination and Remedies. The License shall commence on March 31, 2025 and shall automatically terminate on April 7, 2025. Notwithstanding the foregoing, at any time, for any reason, the Licensor may, at its sole and absolute discretion, terminate this Agreement without cause, upon 30 days’ written notice to Licensee. Further, in the event Licensor sells or transfers the Premises during the term of this Agreement, this Agreement shall terminate upon seven (7) days written notice to Licensee. In addition, if Licensee shall be in breach of any of its obligations under this Agreement and shall fail to cure such breach within ten (10) business days of written notice from Licensor specifying the nature of any such breach, Licensor shall have the right to terminate this Agreement upon written notice to Licensee. Licensee acknowledges that this License is solely a license, and that Licensee has no rights as an owner, purchaser or tenant by virtue thereof. Upon termination of the Agreement, Licensee shall promptly vacate the Premises and comply with the provisions of Section 4 above. No termination or expiration of this License shall relieve Licensee of its obligations hereunder.

10. Inspection and Access to Premises. Licensor and any of its duly authorized representatives, employees, agents or independent contractors shall be entitled to enter the Premises, to show the Premises to potential purchasers, to inspect the Premises, to inspect Licensee’s use of the Premises, and for any other purpose, at any time

11. Assignability. This License cannot be assigned by Licensee whether voluntarily or by operation of law, and Licensee shall not permit any use of the Premises, or any part thereof during the Term of this License in violation of the provisions of this License, except with the consent of Licensor (which shall not be unreasonably withheld, conditioned or delayed), and any attempt to do so shall be null and void.

12. Cost of Enforcement. In the event it is necessary for either Party to employ an attorney or other person or commence an action to enforce or interpret any of the provisions of this License or for Licensor to remove Licensee from the Premises, the non-prevailing party agrees to pay to the prevailing party, in addition to such other relief as may be awarded by the court, City or other authority before which such suit or proceeding is commenced, all reasonable costs of enforcement in connection therewith including, but not limited to, reasonable attorneys’ fees, expenses and costs of investigation.

13. Notices. All notices, consents, approvals, requests, demands and other communications provided for herein shall be in writing and shall be deemed to have been duly given upon the earlier of when personally delivered or served or twenty-four (24) hours after being deposited with FedEx or any other established overnight courier service to the intended party addressed as follows:

Licensor: Joshua Nelson
City Manager
15625 Mayor Dave Way
City of Industry, CA 91744
Tel: (626) 333-2211
[email protected]
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP

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13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Tel: (626) 269-2980
[email protected]
Licensee: City of La Puente
15900 Main Street
La Puente, CA 91744
Tel: (626) 855-1500

14. Miscellaneous. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. The indemnifications under this Agreement, the obligations of Licensee hereunder to remove liens and Licensee’s obligations hereunder with respect to vacating and repairing the Premises shall survive the expiration or termination of the License Term. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Any action brought concerning this Agreement shall be brought in the appropriate court for the County of Los Angeles, California. Each Party hereby irrevocably consents to the jurisdiction of said court. Licensee hereby expressly waives all provisions of law providing for a change of venue due to the fact that the City may be a party to such action, including, without limitation, the provisions of California Code of Civil Procedure Section 394.

Licensee further waives and releases any right it may have to have any action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship that may exist between City and Licensee. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Neither this instrument nor a short form memorandum or assignment hereof shall be filed or recorded in any public office without Licensor’s or Licensee’s prior written consent.

15. Authority. Each person executing this Agreement hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred. (SIGNATURES ON FOLLOWING PAGE)

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
“LICENSOR”

CITY OF INDUSTRY
By:

Joshua Nelson, City Manager
“LICENSEE”

CITY OF LA PUENTE
By:

Valerie Munoz, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:

James M. Casso, City Attorney

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EXHIBIT A
Legal Description
Assessor’s Parcel Number (APN) 8208-025-943 located at the northeast corner of Mayor Dave Way and Sotro Street, City of Industry, CA 91744. The area identified as “Project Site” by an arrow and defining yellow lines identifies the area of the Premises, where the Permitted Use shall occur.

Map
Project Site
Mayor
Dave Way
Sotro Street

ITEM NO. 6.6

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
Kathy Tai, Dev. Services Manager
DATE: March 19, 2025
SUBJECT: Consideration of the 2024 Housing Element Annual Progress Report Background:

California Government Code Section 65300 requires every city and county within the State to adopt a General Plan for the physical development of the jurisdiction. In short, a General Plan establishes the City’s vision for long-term growth and provides strategies and implementing actions to achieve this vision. The General Plan helps to guide decision-making by residents, property owners, business interests, and elected and appointed officials about public and private land use and development.

Industry’s General Plan includes seven state-mandated element topics: Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space. Unlike other elements, the Housing Element undergoes a rigorous review and certification process with the California Department of Housing and Community Development (“HCD”). The City’s General Plan, including the certified Housing Element, was last adopted in 2023. The Housing Element covers an eight-year period and is typically updated more frequently than the rest of the General Plan due to requirements established by State law.

HCD certified the City’s Housing Element in September 2023, and work is underway to implement the Housing Element.

Discussion:

Housing Elements are subject to mandated reporting requirements. Historically, general law cities were required to prepare a Housing Element Annual Progress Report (“APR”) and submit it to HCD and the Governor’s Office of Land Use and Climate Innovation (“LCI”), formerly the Office of Planning and Research, for review. However, passage of AB 879 (Grayson), extended that requirement to charter cities, like the City of Industry. Beginning with the 2017 APR, all California cities (general law and charter) are required to send a Housing Element APR to HCD

and LCI, annually on April 1st.

Government Code Section 65400 requires APRs to cover the status of program implementation, including progress toward meeting the jurisdiction’s share of regional housing needs (pursuant to Government Code §65584) and local efforts to remove governmental constraints to the development and maintenance of housing. APRs must be considered at a public meeting before the City Council, so members of the public have an opportunity to provide oral or written comments.

The City’s APR for 2024 reports no activity regarding receiving housing development applications or building housing developments.

The attached document conforms to State requirements for the Housing Element APR in 2024.

After review, staff recommends that the City Council authorize transmittal of the APR to HCD and LCI.

Fiscal Impact:

No fiscal impact.

Recommendation:

City Staff recommends that City Council receive and file the Housing Element Annual Progress Report for 2024, and direct Staff to transmit copies to the California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation no later than April 1, 2025, as required by State law.

Exhibits:

1. City of Industry 2024 Housing Element Annual Progress Report

Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_02_12_25
Please Start Here
General Information
2024
Industry
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You
will be prompted to pick an old workbook to import
from. Project and program data will be copied exactly
how it was entered in last year's form and must be
updated. If a project is no longer has any reportable
activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many
rows, you may select a cell in the row you wish to
remove and type ctrl + d.
15625 Mayor Dave Way
Industry
91744
Bing
Hyun
Assistant City Manager
[email protected]
6263332211
Mailing Address
Annual Progress Report January 2020

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.

Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is Optional: This macro identifies dates entered that occurred outside of the reporting year.

RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2024 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Industry
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
0 0
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 0
Mobile/Manufactured Home 0 0 0
Total 0 0 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 45 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 10/15/2029
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street
Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
How many of
the units
were
Extremely
Low
Income?
Please select
the state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed
Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of
Affordability or
Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destr
oyed Units
Demolished
or Destroyed
Units
Demolished
/Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers
or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking
Waivers or
Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 5 - - - - - - - - - - - 5
17 - - - - - - - - - - - 17
5 6 7
Extremely lowIncome Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
3 - - - - - - - - - - 3
VLI Deed Restricted
VLI Non Deed Restricted
4 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 2 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate
6 4
2 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
6

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income ModerateIncome
Above
ModerateIncome
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

Jurisdiction Industry
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1. Housing Sites Strategy
Rezone a 1.5-acre site with a Housing
Overlay Zone (See Program #3 for HOZ
specifics) for a minimum of 19 units incl.
12 lower income units Rezone by the end of 2024
Site was rezoned with the adoption of the Housing Overlay Zone in Ordinance No. 825 (July 13, 2023).

1. Housing Sites Strategy
Comply with provisions of the Surplus Land
Act per Gov’t Code and rezoning
requirement of Gov’t Code §§ 65583.2(h)
and (i). As projects proposed
The City will comply with the provisions when projects are proposed. No projects have been proposed to date.

2. Zoning Code Amendments
Define and permit employee housing
serving 6 or fewer residents as a by-right
use in accordance with HSC §§17021.5 and
17021.6 in the ROS Zone and HOZ
Amend municipal code by
end 2023
Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 830 (February 27, 2024).

2. Zoning Code Amendments
Define and permit manufactured/mobile
homes and single-room occupancy as byright uses in accordance with the Gov't Code § 65852.3 and § 65583(c)(2) in the
HOZ.

Amend municipal code by
end 2023 Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023).

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

2. Zoning Code Amendments
Define and permit ADUs by-right on any lot
that allows single- or multifamily housing
in accordance with the Gov't Code
§65852.2(a) in the ROS Zone and HOZ.

Goal: Yield 4 ADUs
Amend municipal code by
end 2023
Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 829 (March 14, 2024).

2. Zoning Code Amendments
Define & permit low-barrier navigation
centers and supportive housing as by-right
uses in zones allowing multifamily and mix
uses (Gov't Codes 65650, 65660 et seq.)
Amend municipal code by
end 2023 Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023).

3. Housing Overlay Zone
Establish HOZ that: Permits single family
and multifamily residential uses that: are
by right, permits a density of 20 units per
acre, and allows a minimum of 16 units per
site. Production goal is 19 units, including
12 lower income units per the RHNA
Amend municipal code by
end 2023 Site was rezoned with a Housing Overlay Zone by Ordinance No. 825 (July 13, 2023).

3. Housing Overlay Zone
Establish HOZ that: Allows residential care
of all size, employee housing,
transitional/permanent supportive
housing, mobile and manufactured homes,
low barrier navigation center, and ADUs byright
Amend municipal code by
end 2023 Amended the Municipal Code with adoption of Ordinance No. 825 (July 13, 2023).

3. Housing Overlay Zone
Establish HOZ that: Offers financial
assistance, regulatory incentives, and
priority processing to ensure that units are
affordable per RHNA goals; issue RFP for
housing services by mid 2025.

As projects proposed. Issue
RFP/Q by mid-2025
Housing Overlay Zone established with adoption of Ordinance No. 825 (July 13, 2023). No projects have been proposed to date.

3. Housing Overlay Zone
Establish HOZ that: Reviews progress
made in creating and implementing the
HOZ. If sites are not rezoned by end of
2024, identify and rezone additional sites
to address the unmet RHNA. Annual Review Housing Overlay Zone established with adoption of Ordinance No. 825 (July 13, 2023)

3. Housing Overlay Zone
Establish HOZ that: Complies with
provisions of the Surplus Land Act per the
Govt Code and rezoning required of Gov't
Code §§ 65583.2(h)(i). As projects proposed
The City will comply with the provisions when projects are proposed. No projects have been proposed to date.

3. Housing Overlay Zone
Establish HOZ that: Continue to identify
potential sites to allow for a variety of
housing types and, if appropriate, consider
sites applicable to the HOZ Annually
The City will continue to identify potential sites to allow for a variety of housing types and, if appropriate, consider sites applicable to the HOZ.

4. Accessory Dwelling Unit In Develop an ordinance that defines and permits ADUs in accordance with state
law.(Target 4 ADUs by the end of 2029.

Amend municipal code by
end 2023
Municipal Code amended to permit ADUs with the adoption of Ordinance No. 829 on March 14, 2024. No ADU applications have been submitted to date.

4. Accessory Dwelling Unit In
Offer a waiver of building permit fees for
ADUs proposed for construction in
Industry As projects are proposed
The City will offer a waiver of building permits fees for ADUs as projects are proposed. No projects have been proposed to date.

5. Development Regulations Adopt objective development and design standards per Gov't Code §65589.5
Amend municipal code by
end 2024
Amended the Municipal Code with adoption of Ordinance No. 834 (February 27, 2025).

5. Development Regulations
Adopt density bonus ordinance consistent
with the Government Code § 65915 -
65918.

Amend municipal code by
end 2024
Amended the Municipal Code with adoption of Ordinance No. 834 (February 27, 2025).

5. Development Regulations Adopt minor exception process for new residential projects in Industry
Amend municipal code by
end 2024
Amended the Municipal Code with adoption of Ordinance No. 834 (February 27, 2025).

6. Building Permit & Code Enf
Contract building plan check and permit
services; enforce County and local
building, housing, property maintenance
codes; adopt additional codes as needed
for new housing Ongoing
The City of Industry contracts with the County of Los Angeles to provide building plan check and permit services for structures in the community. The City provides a permit flow chart on its website to inform developers and property owners. The City enforces zoning code provisions on a complaint basis.

6. Building Permit & Code Enf
Inspect all businesses adjacent to homes
to identify hazards (noise, NPDES, queue,
etc.); where found, obtain compliance
within 3 months
Annually inspect; obtain
compliance within 3 months
The City of Industry coordinates with the County of Los Angeles Sheriff's Department, its code enforcement officers, and contractors to respond to NPDES, noise, etc. issues including receiving and verifying reports of violations, regular monitoring, and coordinating with property operators and/or owners to obtain compliance.

6. Building Permit & Code Enf
Direct code enforcement efforts, including
proactive efforts for businesses, to limit
and address hazards adjacent housing and
obtain code compliance within 3 months
Annual inspect, compliance
within 3 months
The City of Industry coordinates with the County of Los Angeles Sheriff's Department, its code enforcement officers, and contractors to respond to potential or actual hazards adjacent to housing. No violations were found.

7. Infrastructure Maintenanc
Maintain infrastructure and public services
that enhance the safety, appearance, and
condition of neighborhoods. Update CIP Annually
The City's residential areas have infrastructure in place, however, surrounding commercial and industrial uses result in wear and tear. The City continues to maintain infrastructure and provide public services in a manner that enhances neighborhoods. These include infrastructure such as streets, curbs, gutters, sidewalks, traffic signals, and other improvements. The FY 2024-2025 CIP budget totals approximately $____ million.

7. Infrastructure Maintenanc
Make annual safety improvements
(sidewalks, ramps, signals, etc.) for ADA
purposes in accordance with Transition
Plan and CIP
Annually make 3-5 curb cuts
and 1-2 shelters
The City continued to make annual safety improvements in 2024. A total of ____ curb cuts were made and ____ bus shelters were maintained.

8. Housing Maintenance & Re Publicize annually at City Hall, Industry News, and City website
Annually and as apps are
received The City publicizes annually at City Hall, Industry News, and City website.

8. Housing Maintenance & Re Seek additional funding and partners to administer the program.

Adopt program changes
within 2 years of housing
element adoption
The City will seek additional funding and partners to administer the program within the timeline provided.

8. Housing Maintenance & Re Increase grant to $25,000, allow greater frequency of use, and assist 10 households
Adopt program changes
within 2 years of housing
element adoption
The grant was increased to $25,000 in the FY 24/25 adopted budget. No requests were made for grants in 2024.

9. Resource Conservation
Encourage energy efficiency in the housing
rehabilitation grant program and water
efficiency programs. Ongoing
The City encourages energy efficiency through property improvement projects, repairs performed by the IPHMA, and its Housing Maintenance and Rehabilitation grant program. An energy efficiency brochure was published that describes the City’s energy conservation program. IPUC residential customers are eligible for the Domestic Rebate Program and may receive rebates for the installation of ENERGY STAR® features. Customers are also eligible for the Direct Install Program, which includes a home energy survey and installation of energy efficiency measure. No requests were made for grants in 2024.

9. Resource Conservation Provide brochures advertising energy efficiency programs offered by the city or
local utility. Ongoing
The City encourages energy efficiency through property improvement projects, repairs performed by the Industry Property and Housing Management Authority, and its Housing Maintenance and Rehabilitation grant program. An energy efficiency brochure was published that describes the City’s energy conservation program. The brochure is available at the City’s planning counter.

9. Resource Conservation
Provide housing element to utility
providers to establish specific procedures
to grant priority water and sewer service
to affordable housing
Upon adoption of draft
housing element The housing element was provided to the City's utility providers.

10. Homeless Services Support efforts to address homelessness; meet with each of the four school districts
beginning in 2023, and annually thereafter,
to assess homeless prevention needs
Meet annually beginning in
2023
The City met with school district homeless coordinator, regarding HLPUSD Equity program to help homeless and those at risk to become homeless. The City will continue to meet with school districts and provide support. As a result of the meetings, the City donated a total of $5,000 to Hacienda La Puente Unified School District to assist with college scholarships and help fund the districts gift card program to support students of disadvantage families who are homeless or at risk of becoming homeless.

10. Homeless Services
Prepare resolution to join the San Gabriel
Valley Regional Housing Trust to
coordinate on regional solutions to
homelessness
Preparate resolution in
2023
The City joined the San Gabriel Valley Regional Housing Trust on September 28, 2023.

10. Homeless Services
Amend Municipal Code for emergency
shelter parking, supportive housing, and
low barrier navigation centers per state
law In 2023, adopt amendments
The Municipal Code was amended by adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 830 (February 27, 2024).

11. People with Disabilities
Provide $1.8 million to fund the Mental
Health Regional Crisis Response and
Training Center in Industry in FY
2022/2023 2022/2023
The City completed and fully funded the Mental Health Regional Crisis Response and Training Center in 2023.

11. People with Disabilities
Complete ADA Transition Plan to provide
disabled people fuller access to
infrastructure, public facilities, and
community services. Complete by 2023/2024 The City's ADA Transition Plan was approved on January 23, 2025.

11. People with Disabilities
Periodically consider funding requests
from nonprofit organizations that address
the needs of disabled people. As requests received
In 2023, the City received and granted donations to the following organizations: 1. $105,000 to the Gabriel Foundation for the Industry Hills Charity Pro Rodeo – The Gabriel Foundation supports those with special needs; 2. $25,000 to Land of the Free Foundation for their Veteran’s Day Golf Classic – Land of the Free supports veterans, including those who are disabled; and 3. $25,000 to Delhaven Community Center for the Because We Care Program – This program supports those with special needs, learning disabilities, and mental illnesses. Additionally, the City streamlined the process by adopting a resolution to establish a policy authorizing the City Manager to consider and approve donations requests from non-profits and public agencies up to $1,000, not to exceed $5,000 each fiscal year. The City Council will consider all donation requests exceeding those amounts.

11. People with Disabilities
Adopt a reasonable accommodation
ordinance that facilitates options for
disabled people to fully enjoy use of their
home Amend code by 2023
Amended Municipal Code for reasonable accommodation process by Ordinance No. 826 (January 25, 2024).

11. People with Disabilities
Amend Municipal Code to permit
residential care facilities serving 7 or more
clients by right in the HOZ as required by
state law. Amend code by 2023
Amended Municipal Code to address residential care facilities (Ordinance No. 825, July 13, 2023).

12. Collaborative Partnership
Work with current housing and service
partners and, as needed, expand and/or
develop new partnerships to augment
resources. Ongoing
The City meets or communicates with its partners such as San Gabriel Valley Council of Governments, El Encanto Center, Sheriff’s Youth Activity League, and local school districts to maintain strong relationships.

12. Collaborative PartnershipReach out annually to developers and service providers to address housing need Annually Ongoing.

12. Collaborative Partnership
Prepare resolution to join the San Gabriel
Valley Regional Housing Trust to
coordinate on regional solutions to
homelessness Adopt resolution in 2023
The City joined the San Gabriel Valley Regional Housing Trust on September 28, 2023.

13. Extremely Low Income Ho
By end of 2024, rezone site and have code
amendments complete in Program #2 to
allow housing on the site identified in
Program #1.

By end of 2024, rezone site
and relevant code amend.

The site was rezoned with a Housing Overlay Zone by Ordinance No. 825 (July 13, 2023).

13. Extremely Low Income Ho
By mid-2025, issue RFP/Q for housing
development and when a project is
proposed facilitate entitlements and issue
permits by the end 2026, consistent with
the assumptions im the housing element.

RFP/Q by middle of 2025;
permits by end of 2026 In process.

13. Extremely Low Income Ho
Grant priority and expedited processing
and provide additional incentives to be
determined for projects that include
extremely. low income units. As projects proposed
The City will grant priority and expedited processing and provide additional incentives as projects are proposed. No projects have been proposed to date.

14. Fair Housing Program
Implement City’s Fair Housing Program,
incl.
– Increase housing opportunity + improve
land availability (P#1)
– Revise IMC to allow range of housing
types/price (P#2)
– Create HOZ to place on sites for the
RHNA (P#3)
- Amend IMC to allow ADUs, furthering fair
housing (P#4)
- Enforce building codes to prevent
displacement (P#5)
- Complete Transition Plan and improve
accessibility (P#7)
– Address needs of seniors, disabled,
homeless (P#10-11)
– Maintain/preserve city’s housing to
reduce displacement (P#8)
– Continue to address and mitigate
environmental hazards
– Pursue partnerships to implement
programs (P #12)
– Publicize fair housing and refer concerns
to appropriate agency Ongoing
The City will continue to implement the City's Fair Housing Program as required by state law. See progress for individual programs cited earlier within this APR.

15. Housing Administration Announce housing and service news in the “Industry News” monthly publication Ongoing
A fair housing brochure publicizing the importance of fair housing, types of discrimination, and contacts for inquiries and complaints was completed. The brochure is available to the general public and is placed at the City planning counter.

15. Housing Administration Prepare housing element progress reports and evaluate compliance with fair housing Annually
Industry submitted its 2017-2023 APRs and now 2024 APR. Staff evaluated compliance with fair housing.

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 10/15/2021 - 10/15/2029
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.

For detailed reporting requirements, see the
chcklist here:

Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting
Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA

Jurisdiction Industry
Reporting
Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting

Jurisdiction Industry Note: "+" indicates an optional field Reporting
Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of
ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Los Angeles County jurisdictions, please format the APN's as follows:9999-999-999

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
2 3 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020

Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

Jurisdiction Industry
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Housing Element Consultant
Services $64,350.00 $61,695.00 Local
General Fund
COG to Hire Staff Position for
LEAP Subject Matter $650.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 65,000.00
Task Status
Completed
Completed

ITEM NO. 6.7

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
DATE: March 19, 2025
SUBJECT: Consideration of a Public Health Services Contract with the County of Los Angeles for public health services
Background:

The County of Los Angeles Department of Public Health (“County”) has provided public health services to Industry since the City’s incorporation in 1957. The current Public Health Services Contract was last amended in 1959. Public health services provided by the County include:

1. Appointment of the County’s Health Officer to act as the City’s Health Officer.

2. Enforcement of various public health regulations including the County Health Code, which is adopted by reference pursuant to Industry Municipal Code 8.04.010 and 8.04.020; statutes related to public health; and orders, quarantines, and other regulations prescribed by the California Department of Public Health.

3. Issuance of required public health permits.

Discussion:

The County’s Board of Supervisors approved a revised Agreement on October 22, 2024, and now requires cities that wish to continue receiving County public health services to enter into the revised Agreement.

The proposed Public Health Services Contract (“Agreement”) continues to authorize the County to provide existing services and enforce public health laws within the City. The new Agreement will remain in effect through June 30, 2029, and will automatically renew for consecutive fiveyear terms unless either party provides written notice of termination at least 180 days before July 1 of any given year.

Fiscal Impact:

There is no fiscal impact. Public health permit fees are established, collected and retained by the County. This would continue under this Agreement.

Recommendation:

Staff recommends that the City Council approve the Agreement.

Exhibits:

1. City of Industry PH-005623

City of Industry – PH-005623
Contract No. PH-005623

DEPARTMENT OF PUBLIC HEALTH

PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________ by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF INDUSTRY
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Industry hereinafter referred to as "City."
RECITALS:

The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (“Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.

The County agrees to continue performing such services on the terms and conditions set forth in this Contract.

This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.

To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.

City of Industry – PH-005623
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.

This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.

2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (“CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.

3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County

City of Industry – PH-005623
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the

City of Industry – PH-005623
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter

8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in

City of Industry – PH-005623
the performance of public health services and functions under this Contract shall be County personnel.

4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.

Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the

City of Industry – PH-005623
revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.

County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.

5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract.

City of Industry – PH-005623
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.

A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: [email protected]
(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: [email protected]
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: [email protected]
B. Notices to City must be addressed as follows:
(1) City of: Industry
Attention: City Manager
15625 Mayor Dave Way
Industry, CA 91744
Email: [email protected]
Phone: (626) 333-2211

6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents

City of Industry – PH-005623
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.

7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.

8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.

9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

City of Industry – PH-005623

10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:

Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.

11. VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.

12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.

Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. /
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City of Industry – PH-005623
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above.

CITY OF INDUSTRY COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________ Cory Moss Barbara Ferrer, Ph.D., M.P.H., M.Ed.

Mayor Director
Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM APPROVED AS TO FORM

BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL JAMES M. CASSO, City Attorney DAWYN R. HARRISON, County Counsel

By: ____________________________ APPROVED AS TO CONTRACT City Attorney ADMINISTRATION:

Department of Public Health
Date: ___________________________
By: _____________________________
Contracts and Grants Division
ATTEST:

JULIE GUTIERREZ-ROBLES, City Clerk
Date: ___________________________

By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
#07642:db

INDUSTRY – PH-005623
Exhibit A:

CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE

INDUSTRY
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11

8.04.010 Adoption of Health and Safety Code.

A. The county of Los Angeles Health and Safety Code, codified as Division 1 of Title 11 of the Los Angeles County Code, as such code may be amended from time to time, except as hereinafter amended by this chapter, is adopted by reference as the Public Health and Safety Code of the city.

B. At least three copies of the current version of Division 1 of Title 11 of the Los Angeles County code will be at all times maintained in the office of the city clerk for use and examination by the public. (Ord. 709 § 2 B, 2005; Ord. 292 § 1, 1968; Ord. 272 § 1, 1967)

8.04.020 Adoption of Public Health Licenses Code.

A. The Los Angeles County Public Health Licenses Code, codified as Division 1 of Title 8 of the Los Angeles county code, as such code may be amended from time to time, except as hereinafter amended by this chapter, is adopted by reference as the Public Health Licenses Code of the city.

B. At least three copies of the current version of Division 1 of Title 8 of the Los Angeles County Code will be at all times maintained in the office of the city clerk for use and examination by the public. (Ord. 79 § 2 B, 2005; Ord. 372 § 2, 1974)

CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None

ITEM NO. 6.8

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Dev Birla, Contract Electric Utility Director
DATE: March 19, 2025
SUBJECT: Consideration of Amendment No. 6 to the Professional Services Agreement with Trimark Associates, Inc., for the Metrolink Solar and Electrical Vehicles Charger Facility, extending the term through March 31, 2028, revising the rate schedule, and increasing compensation by $91,639.50 (MP 06-18 #10)
Background:

On August 22, 2013, the City Council approved a Professional Services Agreement (“Agreement”) with Trimark Associates, Inc., ("Trimark") for the Metrolink Solar and Electrical Vehicles Charger Facility project for data acquisition system (“DAS”), met station, remote intelligent gateway (“RIG”) and revenue meter services. Since then, the City Council has approved five amendments to the original Agreement. The First Amendment was approved by the City Council on September 25, 2014, followed by a Second Amendment on August 13, 2015, the Third Amendment on October 27, 2016, the Fourth Amendment on June 13, 2019, and the Fifth Amendment on March 24, 2022.

Discussion:

Trimark has provided services for the Metrolink Solar and Electrical Vehicle Charger Facility for nearly twelve years, and Staff recommends that Trimark continue providing monitoring of the operation of the facility equipment. The Agreement expires March 31, 2025, and Amendment No. 6 extends it through March 31, 2028, revises the rate schedule to reflect Trimark’s new pricing, and provides for a companion increase in compensation of $91,639.50. Trimark will send an invoice annually in the amount of $30,546.50.

Fiscal Impact:

The fiscal impact is $91,639.50 over three fiscal years. In the adopted General Fund budget fiscal year 2024-2025, $35,000.00 is approved (Account No. 100-350-5065) (MP 06-18 #10)

and no appropriations are required.

Recommendation:

Staff recommends that the City Council approve Amendment No. 6 to the Professional Services Agreement with Trimark.

Exhibits:

1. Amendment No. 6 to the Professional Services Agreement with Trimark Associates, Inc, dated March 19, 2025

AMENDMENT NO. 6

TO PROFESSIONAL SERVICES AGREEMENT WITH
TRIMARK ASSOCIATES INC.

This Amendment No. 6 to the Professional Services Agreement (“Agreement”) is made and entered into this 19th day of March, 2025, (“Effective Date”), by and between the City of Industry, a California municipal corporation (“City”) and Trimark Associates, Inc., a California corporation (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, on or about August 22, 2013, the City Council approved an Agreement for Consulting Services with Trimark Associates, Inc., to provide data acquisition system (“DAS”), met station, remote intelligent gateway (“RIG”), and revenue meter service agreement services for the Metrolink Solar and Electrical Vehicles Charger Facility project; and WHEREAS, on or about September 25, 2014, the City Council approved Amendment No. 1 to the Agreement to update the scope of services and increase compensation by $20,720.00 to continue services; and
WHEREAS, on or about August 13, 2015, the City Council approved Amendment No. 2 to the Agreement to update the scope of services and increase compensation by $20,720.00 to continue services; and
WHEREAS, on or about October 27, 2016, the City Council approved Amendment No. 3 to the Agreement to include the address for the City Attorney, extend the Term through October 27, 2019, and increase the compensation by $63,886.67 to continue services; and WHEREAS, on or about June 13, 2019, the City Council approved Amendment No. 4 to the Agreement to extend the Term through May 31, 2022, and increase the compensation by $62,160.00 to continue services; and
WHEREAS, on or about March 24, 2022, the City Council approved Amendment No. 5 to the Agreement to extend term through March 31, 2025, and increase the compensation by $100,000.00 and revise rate schedule to continue services; and

WHEREAS, the Agreement expires on March 31, 2025, and all the approved budget will be depleted; and
WHEREAS, the Parties desire to amend the Agreement to allow for the Consultant to continue providing the aforementioned services. Amendment No. 6 extends the term through March 31, 2028, revises the rate schedule to reflect Consultant’s current pricing, along with a companion increase in compensation of $91,639.50; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 6, 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:

Section 1. Term
Section 1 is hereby amended to read in its entirety as follows:

This Agreement shall commence on Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

Section 5. Compensation and Payment
The second sentence of Section 5.1 is hereby amended to read in its entirety as follows:

This amount shall not exceed Three Hundred Seventy -Nine Thousand Eight Hundred Forty Nine Dollars and Fifty Cents ($379,849.50) for the total Term of the Agreement unless additional payment is approved in writing, by the City.

Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment 1 attached hereto and incorporated herein by reference.

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 have executed this Amendment No. 6 to the Agreement as of the Effective Date.
(SIGNATURES ON THE FOLLOWING PAGE)

“CITY” “CONSULTANT”
City of Industry Trimark Associates, Inc.

By: ________________________________ By: __________________________________ Joshua Nelson, City Manager Mark Morosky, CEO/President Attest:

By: ____________________________________
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney

EXHIBIT B

RATE SCHEDULE
$30,546.50 annually

EXHIBIT A TO AMENDMENT NO. 6
AGREEMENT FOR CONSULTING SERVICES WITH TRIMARK ASSOCIATES, INC.

DATED AUGUST 22, 2013

ITEM NO. 6.9

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager
DATE: March 19, 2025
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Verdantas Inc., to provide on-call geotechnical engineering, extending the term through February 27, 2028, revising the Rate Schedule, and increasing compensation in the amount of $200,000.00
Background:

On January 27, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with Leighton Consulting, Inc. (“Leighton”) to provide geotechnical services on future capital improvement projects. The Agreement was for three years in an amount not to exceed $500,000.00. Services include a wide array of geotechnical services, such as field investigations, analysis and reporting, observation and testing during construction, materials testing and special inspections, and geotechnical peer review.

Discussion:

The Agreement expired on January 13, 2025, and Staff recommends extending the term for another three years through February 27, 2028. Leighton was acquired by Verdantas Inc. (“Verdantas”) in March of 2023, and effective May 30, 2024, Leighton Consulting’s name was changed to Verdantas. The proposed amendment revises the contracting entity to reflect that Verdantas is the party responsible under the Agreement. Verdantas has provided reliable geotechnical services for the City and the Successor Agency for many years, working on a variety of projects. It is also necessary to revise the rate schedule to reflect their current rates, along with a companion increase in compensation of $200,000.00.

Fiscal Impact:

The fiscal impact is $200,000.00. In the adopted FY 24-25 General Fund Budget, $3,800,000.00 is approved for this work (Account No. 100-622-5900), however, specific project funds already

allocated in the approved CIP budget will be applied to the actual work and costs incurred.

Recommendation:

It is recommended that the City Council approve Amendment No. 1 to the Professional Services Agreement with Verdantas Inc.

Exhibits:

1. Amendment No. 1 to the Professional Services Agreement with Verdantas Inc., dated March 19, 2025

AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT WITH
VERDANTAS INC.

This Amendment No. 1 to the Professional Services Agreement (“Agreement”) is made and entered into this 19th day of March, 2025, (“Effective Date”) by and between the City of Industry (“City”), a municipal corporation, and Verdantas Inc., a California corporation (“Consultant”). City and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, on or about January 27, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with Leighton Consulting, Inc., to provide on-call geotechnical engineering services; and
WHEREAS, in March 2023, Leighton Consulting, Inc. was acquired by Consultant.

Effective May 30, 2024, Leighton Consulting, Inc. changed its name to Verdantas Inc.; and WHEREAS, the Agreement expired on January 13, 2025, and in order to allow the Consultant to continue the services, it is necessary to extend term through February 27, 2028.

It is also necessary to revise the rate schedule to reflect Consultant’s current rates, and increase compensation by $200,000.00 for the extension; and
WHEREAS, for the reasons set forth herein, City and Consultant desire to enter into this Amendment No. 1, 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:

As of May 30, 2024 all instances of the term “Leighton Consulting, Inc.” shall mean “Verdantas Inc.”.

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

The Agreement shall commence on January 14, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 27, 2028 unless sooner terminated to the provisions of this Agreement.

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

This amount shall not exceed Seven Hundred Thousand Dollars ($700,000.00) for the total Term of the Agreement unless additional payment is approved as provided in the Agreement.

EXHIBIT B, RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with rates set forth in Attachment I, attached hereto and incorporated herein by reference.

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 have executed this Amendment No. 1 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Verdantas Inc.

By: ________________________________ By: _______________________________ Joshua Nelson, City Manager Jason Hertzberg, PE, GE, AVP, Department Leader
Attest:

By: _________________________________
Julie Gutierrez-Robles, City Clerk, CMC

APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney

ATTACHMENT 1

EXHIBIT B

RATE SCHEDULE

Fee Special www.leightongroup.com Page 1 of 4
2025 PROFESSIONAL FEE SCHEDULE

GEOTECHNICAL LABORATORY TESTING

LABOR RATES
METHOD $/TEST

CLASSIFICATION & INDEX PROPERTIES
Photograph of sample ....................................................................................15 Moisture content (ASTM D2216)........................................................................25 Moisture & density (ASTM D2937) ring samples................................................37 Moisture & density (ASTM D2937) Shelby tube or cutting .................................45 Atterberg limits 3 points (ASTM D4318):..........................................................160 - Single point, non-plastic............................................................................90 - Atterberg limits (organic ASTM D2487 / D4318).............................................195 - Visual classification as non-plastic (ASTM D2488).......................................15 Particle size: ....................................................................................................... - Sieve only 1½ inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...155 - Large sieve 6 inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...195 - Hydrometer only (ASTM D7928) ................................................................120 - Sieve + hydrometer ≤3 inch sieve, (ASTM D7928) ....................................200 - Percent passing #200 sieve, wash only (ASTM D1140)...............................75 Specific gravity and absorption of fine aggregate
(AASHTO T84/ASTM C128/ASTM D854/CTM 207)..............................................140 Specific gravity and absorption of coarse aggregate
(AASHTO T85/ASTM C127/CTM 206)............................................................... 110 - Total porosity - on Shelby tube sample (calculated) ...............................180 - Total porosity - on other sample (calculated)..........................................165 Shrinkage limits wax method (ASTM D4943)...................................................135 Pinhole dispersion (ASTM D4647) ...................................................................225 Dispersive characteristics (double hydrometer ASTM D4221) ..............................215 As-received moisture & density (chunk/carved samples)...............................65 Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217) .................................... 115

SHEAR STRENGTH
Pocket penetrometer ......................................................................................20 Direct shear (ASTM D3080, mod., 3 points):

Consolidated undrained - 0.05 inch/min (CU) ..............................................320 Consolidated drained - <0.05 inch/min (CD) ................................................385 Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear)....55 Remolding or hand trimming of specimens (3 points) ....................................95 Oriented or block hand trimming (per hour)....................................................70 Single point shear......................................................................................... 115 Torsional shear (ASTM D6467 / ASTM D7608)....................................................880 METHOD $/TEST

COMPACTION & PAVEMENT SUBGRADE TESTS
Standard Proctor compaction, 4 points (ASTM D698)
- 4 inch diameter mold (Methods A & B) ...................................................170 - 6 inch diameter mold (Method C) ...........................................................230 Modified Proctor compaction 4 points (ASTM D1557):
- 4 inch diameter mold Methods A & B......................................................235 - 6 inch diameter mold Method C..............................................................265 Check point (per point) ...................................................................................70 Relative compaction of untreated/treated soils/aggregates (CTM 216) ..........270 Relative density 0.1 ft mold (ASTM D4253, D4254)...........................................250 California Bearing Ratio (ASTM D1883)
- 3 point.....................................................................................................535 - 1 point.....................................................................................................200 R-Value untreated soils/aggregates (AASHTO T190/ASTM D2844/CTM 301).......335 R-Value lime or cement treated soils/aggregates (AASHTO T190/ASTM D2844/CTM 301) ..........................................................................................365

SOIL CHEMISTRY & CORROSIVITY
pH Method A (ASTM D4972 or CTM 643) .............................................................50 Electrical resistivity – single point – as received moisture..............................50 Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) ...............95 pH + minimum resistivity (CTM 643) ...............................................................140 Sulfate content - gravimetric (CTM 417 B Part 2)................................................75 Sulfate content - by ion chromatograph (CTM 417 Part 2) .................................85 Sulfate screen (Hach®) ....................................................................................35 Chloride content (AASHTO T291/CTM 422) .........................................................75 Chloride content – by ion chromatograph (AASHTO T291/CTM 422)...................85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) ............285 Organic matter content (ASTM D2974)..............................................................70

CONSOLIDATION & EXPANSION/SWELL TESTS
Consolidation (ASTM D2435):..........................................................................210 Each additional time curve .............................................................................50 Each additional load/unload w/o time reading................................................45 Expansion Index (ASTM D4829)......................................................................140 Single load swell/collapse - Method B (ASTM D4546-B, seat, load & inundate only).... 115 Swell collapse Method A up to 10 load/unloads w/o time curves (ASTM D4546-A) ..........................................................................................310 CLASSIFICATION $/HR
Technician I ....................................................................................................95 Technician II / Special Inspector ................................................................... 104 Senior Technician / Senior Special Inspector ...............................................122 Prevailing Wage (field soils / materials tester) * ...........................................162 Prevailing Wage (Special Inspector) *..........................................................167 Prevailing Wage (On site Source Inspector, NDT and soil remediation O&M)*.......................................................................................................171 System Operation & Maintenance (O&M) Specialist ....................................158 Non Destructive Testing (NDT) .....................................................................167 Deputy Inspector ..........................................................................................122 Field / Laboratory Supervisor .......................................................................165 Source Inspector ..........................................................................................155 City of Los Angeles Deputy Building (including Grading) Inspector .............167 * See Prevailing Wages in Terms and Conditions
CLASSIFICATION $/HR
Project Administrator/Word Processor/Dispatcher .........................................90 Information Specialist ...................................................................................130 CAD Operator...............................................................................................155 GIS Specialist...............................................................................................155 GIS Analyst ..................................................................................................180 Staff Engineer / Geologist / Scientist............................................................170 Senior Staff Engineer / Geologist / Scientist / ASMR ...................................185 Operations / Laboratory Manager.................................................................205 Project Engineer / Geologist / Scientist ........................................................215 Senior Project Engineer / Geologist / Scientist / SMR..................................240 Associate......................................................................................................265 Principal........................................................................................................295 Senior Principal ............................................................................................350

FEE SCHEDULE
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CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD $/TEST

TRIAXIAL TESTS
Unconfined compression strength of cohesive soil (with stress/strain plot, ASTM D2166)..................................................................................................................145 Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress).......................................... 185 Consolidated undrained triaxial compression test for cohesive soils, (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress)........................................ 400 Consolidated drained triaxial compression test (CD, USACE S), with volume change measurement. Price per soil type below EM 1110-2-1906(X):

Sand or silty sand soils (per confining stress).........................................400 Silt or clayey sand soils (per confining stress)........................................535 Clay soils (per confining stress) ..............................................................755 Three-stage triaxial (sand or silty sand soils)..........................................700 Three-stage triaxial (silt or clayey sand soils).........................................935 Three-stage triaxial (clay soils).............................................................1,320 Remolding of test specimens ....................................................................70 METHOD $/TEST

HYDRAULIC CONDUCTIVITY TESTS
Triaxial permeability in flexible-wall permeameter with backpressure saturation at one effective stress
(EPA 9100/ASTM D5084, falling head Method C):................................................335 Each additional effective stress ....................................................................130 Hand trimming of soil samples for horizontal K ..............................................65 Remolding of test specimens .........................................................................70 Permeability of granular soils (ASTM D2434) ..................................................145 Soil suction (filter paper method, ASTM D5298)....................................................430

SOIL-CEMENT
Moisture-density curve for soil-cement mixtures (ASTM D558).......................260 Wet-dry durability of soil-cement mixtures (ASTM D559) ¹...........................1,290 Compressive strength of molded soil-cement cylinder (ASTM D1633)¹.............65 Soil-cement remolded specimen (for shear strength, consolidation, etc.) ¹............250 ¹ Compaction (ASTM D558 maximum density) should also be performed – not included in above price
METHOD $/TEST

CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression (ASTM C39) (6” x 12” and 4” x 8”) ................40 Compression, concrete or masonry cores (testing only) ≤6 inch (ASTM C42)......45 Trimming concrete cores (per core) ...............................................................25 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523).....90 Flexural strength of concrete (simple beam-center pt. loading, ASTM C293/CTM 523)...90 Non shrink grout cubes (2 inch, ASTM C109/C1107) ............................................30 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........430 Length of concrete cores (CTM 531).................................................................45

HOT MIX ASPHALT (HMA)
Resistance of compacted HMA to moisture-induced damage
(AASHTO T283/CTM 371) ...........................................................................2,250 Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)...............................965 Superpave gyratory compaction (AASHTO T312/ASTM D6925) .........................375 Extraction by ignition oven, percent asphalt
(AASHTO T308/ASTM D6307/CTM 382)............................................................160 Ignition oven correction/correlation values
(AASHTO T308/ASTM D6307/CTM 382).........................................................1,445 Extraction by centrifuge, percent asphalt (ASTM D2172) ................................160 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............145 Stabilometer, S-Value (ASTM D1560/CTM 366).................................................285 Bituminous mixture preparation (AASHTO R30/CTM 304)...................................85 Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) .........................65 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308)..............................................55 Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin-coated (AASHTO T275/ASTM D1188/CTM 308).....................................60 Maximum density - Hveem (CTM 308)............................................................215 Theoretical maximum density and specific gravity of HMA (AASHTO T209/ ASTM D2041/CTM 309) .................................................................................140 Thickness or height of compacted bituminous paving mixture specimens (ASTM D3549) ...............................................................................................45 Wet track abrasion of slurry seal (ASTM D3910) .............................................160 Rubberized asphalt (add to above rates)........................................................+25% BRICK
Compression - cost for each, 5 required (ASTM C67).......................................55 Absorption - cost for each, 5 required (ASTM C67)...........................................55 METHOD $/TEST

AGGREGATE PROPERTIES
Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) ............55 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213)....65 LA Rattler-smaller coarse aggregate <1.5” (AASHTO T96/ASTM C131/ CTM 211)...215 LA Rattler-larger coarse aggregate 1-3” (AASHTO T96/ASTM C535/CTM 211)....270 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM C128/ CTM 208)...140 Specific gravity and absorption of coarse aggregate (ASTM C127/CTM 206) >#4 retained ............................................................................................. 110 Clay lumps, friable particles (AASHTO T112/ASTM C142)..................................190 Durability Index (AASHTO T210/ASTM D3744/CTM 229)......................................215 Moisture content of aggregates by oven drying
(AASHTO T255/ASTM C566/CTM 226) ...............................................................45 Uncompacted void content of fine aggregate
(AASHTO T304/ ASTM C1252/ CTM 234) ..........................................................140 Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) ..................145 Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235)..........230 Cleanness value of coarse aggregate (CTM 227)...........................................225 Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................240 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) ..................................695

MASONRY
Mortar cylinders 2” x 4” (ASTM C780) ...............................................................35 Grout prisms 3” x 6” (ASTM C1019)...................................................................35 Masonry cores compression, ≤6” diameter - testing only (ASTM C42).............45 Masonry core shear testing (Title 24).............................................................85 Veneer bond strength, cost for each - 5 required (ASTM C482)........................60 CMU compression to size 8” x 8” x 16” - 3 required (ASTM C140)....................60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).....55 CMU linear drying shrinkage (ASTM C426).....................................................190 CMU grouted prisms compression test ≤8” x 8” x 16” (ASTM C1314).............215 CMU grouted prisms compression test > 8” x 8” x 16”(ASTM C1314) .............270

BEARING PADS/PLATES AND JOINT SEAL
Elastomeric bearing pads (Caltrans SS 51-3) ................................................1,060 Elastomeric bearing pad with hardness and compression tests (Caltrans SS 51-3)......................................................................................1,315 Type A Joint Seals (Caltrans SS 51-2) ...........................................................1,735 Type B Joint Seals (Caltrans SS 51-2)...........................................................1,640 Bearing plates (A536).....................................................................................770

FEE SCHEDULE
Fee Special www.leightongroup.com Page 3 of 4

EQUIPMENT LIST
METHOD $/TEST

REINFORCING STEEL AND PRESTRESSING STRANDS
Rebar tensile test, ≤ up to No. 11 (ASTM A370)................................................70 Rebar tensile test, ≥ No. 14 & over (ASTM A370) ...........................................215 Rebar bend test, up to No. 11 (ASTM A370)......................................................70 Rebar bend test, ≥ No. 14 & over (ASTM A370)..............................................215 Resistance butt-welded hoops/bars, tensile test, ≤ up to No. 10 (CTM 670)....70 Resistance butt-welded hoops/bars, tensile test, ≥ No. 11 & over (CTM 670)...90 Mechanical rebar splice, tensile test, ≤ up to No. 11 (CTM 670).......................70 Mechanical rebar splice, slip test, ≤ up to No. 11 (CTM 670)............................45 Mechanical rebar splice, tensile test, ≥ No. 14 & over (CTM 670)..................215 Mechanical rebar splice, slip test, ≥ No. 14 & over (CTM 670).......................215 Headed rebar splice, tensile test, ≤ up to No. 11 (CTM 670) ............................70 Headed rebar splice, tensile test, ≥ No. 14 & over (CTM 670) .......................215 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934).......50 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............70 Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934)..........50 Prestressing wire, tension (ASTM A416) .........................................................190 Sample preparation (cutting) .........................................................................55 METHOD $/TEST

STREET LIGHTS/SIGNALS
LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face Modules (Caltrans RSS 86)........................................................................1,390

SPRAY APPLIED FIREPROOFING
Unit weight (density, ASTM E605)........................................................................65

FASTENERS / BOLTS / RODS
F3125 GR A307, A325 Bolts, tensile test, ≤ up to 1-1/4” diameter, plain (ASTM A370) .................................................................................................70 F3125 GR A307, A325 Bolts, tensile test, ≤ up to 1-1/4” diameter, galvanized (ASTM A370) ...............................................................................80 A490 Bolts, tensile test, ≤ up to 1-1/4” diameter, plain (ASTM A370)................70 A490 Bolts, tensile test, ≤ up to 1-1/4” diameter, galvanized (ASTM A370) ......80 A593 Bolts, tensile test, ≤ up to 1-1/4” diameter, stainless steel (ASTM A370)...70 F1554 Bolts, tensile test, ≤ up to 1-1/4” diameter, plain (ASTM A370)............ 110 F1554 Bolts, tensile test, ≤ up to 1-1/4” diameter, galvanized (ASTM A370)...130

SAMPLE TRANSPORT
Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) ..110 ITEM $UNIT
1/4 inch Grab plates ................................................................................ 5 each 1/4 inch Tubing (bonded).................................................................... 0.60 foot 1/4 inch Tubing (single) ...................................................................... 0.40 foot 3/8 inch Tubing, clear vinyl ................................................................ 0.60 foot 4-Gas meter (RKI Eagle or similar)/GEM 2000 ................................... 140 day Air flow meter and purge pump (200 cc/min)......................................... 55 day Box of 24 soil drive-sample rings......................................................... 130 box Brass sample tubes............................................................................... 11 each Caution tape (1000-foot roll).................................................................. 22 each Combination lock or padlock ................................................................. 15 each Compressed air tank and regulator ....................................................... 55 day Concrete coring machine (≤6-inch-dia)............................................... 160 day Consumables (gloves, rope, soap, tape, etc.)....................................... 40 day Core sample boxes................................................................................ 30 each Crack monitor Two-Dimensional............................................................ 30 each Crack monitor Thee-Dimensional .......................................................... 40 each Cutoff saws, reciprocating, electric (Sawzall®) ..................................... 80 day D-Meter Walking Floor Profiler ............................................................ 110 day Disposable bailers ................................................................................. 25 each Disposable bladders.............................................................................. 20 each Dissolved oxygen meter ........................................................................ 50 day DOT 55-gallon containment drum with lid ............................................. 85 drum Double-ring infiltrometer ...................................................................... 135 day Dual-stage interface probe .................................................................... 85 day Dynamic Cone Penetrometer .............................................................. 430 day Generator, portable gasoline fueled, 3,500 watts.................................. 90 day Global Positioning System/Laser Range Finder.................................... 80 day Hand auger set...................................................................................... 90 day HDPE safety fence (≤100 feet) ............................................................. 40 roll Horiba U-51 water quality meter.......................................................... 135 day Light tower (towable vertical mast)...................................................... 150 day Magnehelic gauge ................................................................................. 15 day Manometer ............................................................................................ 25 day Mileage (will adjust with IRS published rate)....................................... 0.67 mile ITEM $ UNIT
Moisture test kit (excludes labor to perform test, ASTM E1907) ........... 65 test Nuclear moisture and density gauge .................................................... 88 day Electrical moisture and density gauge .................................................. 88 Day Pachometer ........................................................................................... 50 day Particulate Monitor............................................................................... 135 day pH/Conductivity/Temperature meter...................................................... 60 day Photo-Ionization Detector (PID)........................................................... 130 day Pump, Typhoon 2 or 4 stage ................................................................. 55 day QED bladder pump w/QED control box............................................... 175 day Quire fee – Phase I only...................................................................... 250 each Resistivity field meter and pins............................................................ 200 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40......... 20 each Slope inclinometer............................................................................... 250 day Soil sampling T-handle (Encore) ........................................................... 10 day Soil sampling tripod ............................................................................... 40 day Speedy (R) moisture tester.................................................................... 10 day Stainless steel bailer.............................................................................. 60 day Submersible pump with controller ....................................................... 180 day Submersible pump/transfer pump, 10-25 gpm...................................... 65 day Support service truck usage (well installation, etc.)............................. 250 day Survey/fence stakes .............................................................................. 10 each Tedlar® bags ......................................................................................... 25 each Traffic cones (≤25)/barricades (single lane).......................................... 55 day Turbidity meter ...................................................................................... 80 day Tyvek® suit (each)................................................................................. 25 each Vapor sampling box ............................................................................... 65 day Vehicle usage (carrying equipment) ...................................................... 20 hour VelociCalc.............................................................................................. 40 day Visqueen (20 x 100 feet) ..................................................................... 130 roll Water level indicator (electronic well sounder) <300 feet deep well.... 100 day ZIPLEVEL®........................................................................................... 40 day Other specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site

Fee Special www.leightongroup.com Page 4 of 4

FEE SCHEDULE

TERMS AND CONDITIONS
z Expiration: This fee schedule is effective through
December 31, 2025 after which non-prevailing wage
rates for remaining or additional services will increase by 4% on January 1st of each year.
z Prevailing Wages: Our fees for prevailing wage work
are based upon California prevailing wage laws and
wage determinations. Unless specifically indicated in
our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project,
additional fees will be charged. Prevailing wage rates
will increase by $8 on July 1st of each year.
z Overtime: Standard overtime rate is per California
Labor Law and is billed at 1.5 or 2 times their hourly
billing rate. Overtime rate for non-exempt field
personnel working on a Leighton observed holiday
is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California
Department of Industrial Relations (DIR) determination
and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double-time, respectively.
z Expert Witness Time: Expert witness deposition and
testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four
hours per day.
z Minimum Field Hourly Charges: For Field
Technicians, Special Inspectors or any on-site (field)
materials testing services:
4 hours: 4-hour minimum charge up to the first
four hours of work.
8 hours: 8-hour minimum charge for over four
hours of work, up to eight hours.

Project time accrued includes portal to portal
travel time.
z Earth Material Samples: Quoted testing unit
rates are for soil and/or rock (earth) samples free of
hazardous materials. Additional costs will accrue
beyond these standard testing unit rates for handling,
testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be
returned to the site or the site owner’s designated
representative at additional cost not included in listed unit rates. Standard turn-around time for
geotechnical-laboratory test results is 10 working
days. Samples will be stored for 2 months following
completion of assigned tests, after which they will be
discarded. Prior documented notification is required if samples need to be stored for a longer time. A
monthly storage fee of $15 per bag and $6 per sleeve
or tube will be applied. Quoted unit rates are only for earth materials sampled in California. There may be
additional cost for handling imported samples.
z Construction Material Samples: After all
designated breaks for a given sample set meet
specified compressive at design age or other clientdesignated strength, all “hold” cylinders or specimens will be automatically disposed of, unless specified in
writing prior to the 28-day break. Unless specifically
requested otherwise, all other construction materials
will be disposed of after completion of testing and
reporting.

EXHIBIT A TO AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT WITH VERDANTAS, INC. DATED MARCH 19, 2025

ITEM NO. 6.10

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Sean Calvillo, Director of Operations
DATE: March 19, 2025
SUBJECT: Consideration of Amendment No. 1 to the Maintenance Services Agreement with Sage Environmental, LLC., for grazing services at Tonner Canyon, extending the term through February 28, 2027, and increasing compensation by $370,500.00 (MP 00-20)
Background:

The County of Los Angeles Fire Department (“LACFD”) designates the 3200 acres at Tonner Canyon as a very high fire hazard severity zone. Additionally, portions of the area are sensitive ecological areas (“SEA”). One effective way to reduce fire hazards is to suppress the non-native plans and grasses, and this has been accomplished through the use of goat grazing.

Sage Environmental has provided around 200 goats for fuel reduction services at Tonner Canyon and coordinated with the City and LACFD on the acceptable level of reduction throughout. Sage Environmental manages the goats, herdsmen, transportation, supplemental feeding, and related health maintenance for the goats. All operations adhere to the California Department of Food and Agriculture’s best practices including an animal care plan prepared annually, and the federal Migratory Bird Treaty Act and Endangered Species Act. Grazing within the SEAs is overseen by a qualified biologist, as listed on the County of Los Angeles SEA biologist list. On February 23, 2023, the City Council approved a Maintenance Services Agreement (“Agreement”) with Sage to provide grazing services at Tonner Canyon in the amount of $468,000.00, through February 23, 2025.

Discussion:

Sage Environmental has been providing these fuel reduction services through the use of goats, and the contract expired on February 23, 2025. Staff recommends extending the contract through February 28, 2027, for the continued services at Tonner Canyon, and a companion increase in compensation of $370,500.00 for the extension.

Fiscal Impact:

The fiscal impact is $370,500.00 over two years with the remaining $97,500.00 on the contract, or about $19,500.00 per month. In the adopted Fiscal Year 2024-2025 budget, $560,000.00 is approved for property maintenance and there is sufficient budget for the remainder of the fiscal year (Account No. 100-628-8510, MP 00-20).

Recommendation:

Staff recommends the City Council approve Amendment No. 1 to the Maintenance Services Agreement with Sage Environmental.

Exhibits:

1. Amendment No. 1 Maintenance Services Agreement with Sage Environmental, LLC., dated March 19, 2025

AMENDMENT NO. 1

TO MAINTENANCE SERVICES AGREEMENT WITH

SAGE ENVIRONMENTAL GROUP
This Amendment No. 1 to the Professional Services Agreement (“Agreement”) is made and entered into this 19th day of March, 2025, (“Effective Date”) by and between the City of Industry (“City”), a municipal corporation, and Sage Environmental Group, a California Limited Liability Company (“Consultant”). City and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, on or about February 23, 2023, the City Council approved a Maintenance Services Agreement (“Agreement”) with Consultant to provide grazing services at Tonner Canyon, in an amount of $468,000.00; and
WHEREAS, the Agreement expired on February 23, 2025, and in order to allow the Consultant to continue the services, it is necessary to extend term through February 28, 2027.

Additionally, a companion increase in compensation of $370,500.00 is included for the extension; and
WHEREAS, for the reasons set forth herein, City and Consultant desire to enter into this Amendment No. 1, 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:

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

This Agreement shall commence on February 24, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 28, 2027, unless sooner terminated pursuant to the provisions of this Agreement.

4. PAYMENT
The second sentence of Section 4. Payment, is hereby revised to read in its entirety as follows:

This amount shall not exceed Eight Hundred Thirty Eight Thousand Five Hundred Dollars ($838,500.00), 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.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Sage Environmental Group
By: ________________________________ By: _______________________________ Joshua Nelson, City Manager Alissa Cope, President
Attest:

By: _________________________________
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney

EXHIBIT A TO AMENDMENT NO. 1

PROFESSIONAL SERVICES AGREEMENT WITH SAGE ENVIRONMENTAL GROUP DATED FEBRUARY 23, 2023

ITEM NO. 6.11

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager
DATE: March 19, 2025
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with Transportation & Energy Solutions, Inc. for On-Call Traffic Engineering Services, extending the term through March 28, 2028, revising the rate schedule, and increasing compensation by $250,000.00 Background:

Through the Request for Qualifications (“RFQ”) process, the City created an on-call traffic engineering consultant bench in 2016. As part of this RFQ, Transportation & Energy Solutions, Inc. (“TES”) was selected as one of the consultants to provide on-call traffic engineering services. On April 14, 2016, the City signed a Professional Services Agreement with TES to provide traffic engineering consulting services, as needed, throughout the City, in the amount of $250,000.

On March 28, 2019, the City Council approved Amendment No. 1 to the Agreement, which extended the term through March 28, 2022. On September 23, 2021, the City Council approved Amendment No. 2 to the Agreement, extending the term though March 28, 2025, increasing compensation by $250,000.00, revising the indemnity provisions, and revising the address for the City.

Discussion:

TES has been providing on-call traffic engineering consulting services, including reviewing and revising traffic control, traffic signals, signing and striping plans, and writing traffic study reports for various projects. Staff recommends continuing on-call traffic engineering consulting services with TES and therefore Amendment No. 3 is necessary to extend the term through March 28, 2028, revise the rate schedule to reflect their current rates, with a corresponding increase in compensation of $250,000.00.

Fiscal Impact:

The fiscal impact is $250,000.00 over three years. In the adopted FY 24-25 General Fund Budget, $125,000.00 is approved for this work (Account No. 100-623-5900), however, specific project funds already allocated in the approved CIP budget will be applied to the actual work and costs incurred.

Recommendation:

Staff recommends the City Council approve Amendment No. 3 to the Professional Services Agreement with TES.

Exhibits:

1. Amendment No. 3 to the Professional Services Agreement with Transportation & Energy Solutions, Inc. dated March 19, 2025

AMENDMENT NO. 3

TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION & ENERGY SOLUTIONS, INC.

This Amendment No. 3 to the Professional Services Agreement (“Agreement”), is made and entered into this 19th day of March, 2025, by and between the City of Industry, a California municipal corporation (“City”) and Transportation & Energy Solutions, Inc., a California Sub-S Corporation (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, on or about April 14, 2016, the Agreement was entered into and executed between the Parties to provide on-call traffic engineering services; and WHEREAS, on or about March 2019, Amendment No. 1 was approved extending the term of the Agreement through March 28, 2022; and
WHEREAS, on or about September 2021, Amendment No. 2 was approved extending the term though March 28, 2025, increasing compensation by $250,000.00, revising the indemnity provisions, and revising the address for the City; and WHEREAS, the Parties desire to amend the Agreement to extend the term through March 28, 2028, revise the rate schedule to reflect Contractor’s current rates to continue providing traffic engineering services, with a companion increase in compensation of $250,000.00 and
WHEREAS, for the reasons set forth herein, the Parties desire to enter into this Amendment No. 3, 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:

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 full effect until tasks described herein are completed, but in no event later than March 28, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

2 4. PAYMENT
Second sentence in Section 4 (a) is to be revised as follows:

This amount shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

EXHIBIT B, RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with rates set forth in Attachment 2, attached hereto and incorporated herein by reference.

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 have executed this Amendment No. 3 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Transportation & Energy Solutions, Inc.

By: ________________________________ By: _______________________________ Joshua Nelson, City Manager Nathaniel Behura, President Attest:

By: ____________________________________
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney

3 ATTACHMENT 2

EXHIBIT B

RATE SCHEDULE

PERSONNEL CATEGORY HOURLY RATES
2025 2026 2027
Principal Transportation Engineer $210 $220 $230
Senior Traffic Engineer $210 $220 $230
Resident Engineer/Constr. Review $210 $220 $230
Senior Bicycle Specialist $200 $215 $225
Senior Ops. Specialist $185 $200 $210
Senior Design Engineer $185 $200 $210
Transportation Engineer $160 $170 $180
Senior CAD Technician $145 $155 $165
Senior Inspector $160 $170 $180
Inspector $140 $150 $160
Technician/Support Staff $110 $115 $120
Rates include base salary, fringe benefits, overhead, profit, and indirect expenses. Direct expenses such as shipping, outside plotting/printing, traffic counts, and sub-consultants, if any, will be subject to a 10% mark-up. Mileage will be charged at Federal/IRS rate. Categories and rates for new staff will be as negotiated, should the need arise.

4 EXHIBIT A TO AMENDMENT NO. 3

AGREEMENT FOR CONSULTING SERVICES WITH TRANSPORTATION & ENERGY SOLUTIONS, INC. DATED APRIL 14, 2016
[Attached]

ITEM NO. 7.1

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Eduardo Manriquez, Contract Associate Planner
DATE: March 19, 2025
SUBJECT: Consideration of a Resolution approving Development Plan Application No. 24-02, allowing a 24,792 square foot addition to an existing warehouse and manufacturing building, located at 15051 Don Julian Road, City of Industry, California, and adopting a Notice of Exemption regarding same, and making findings in support thereof
Background:

Proposal:

Matthew Lew on behalf of Donlon Builders (“Applicant”), filed a Development Plan Application to allow Ultimate Paperbox Company to expand its existing warehouse and manufacturing (packaging supply) building. The Applicant proposes to add 24,792 square feet of floor area to the 79,362 square-foot building (“Project”), resulting in a total building area of 104,154 square feet, at the property located at 15051 Don Julian Road, City of Industry, California (APN 8208- 014-007) (“Property”).

Existing Building 79,362 s.f.

Proposed Expansion Area +24,792 s.f.

Proposed Building Total Square Footage 104,154 s.f.

Location and Surroundings:

The Project site is located at 15051 Don Julian Road, further described as Assessor’s Parcel Number 8208-014-007. It is comprised of one rectangular shaped lot which totals 5.01 acres (218,236 square-feet) of which 1.35 acres (58,806 square-feet) will be disturbed for the development of the Project.

The Property is zoned Industrial (M), with an Employment General Plan Land Use designation.

The surrounding properties to the north, south, east, and west are zoned Industrial (M). All of

the adjacent properties are located within the City of Industry.

Existing land uses surrounding the Project site are described below:

North, East and West: Industrial uses such as warehouses, manufacturing, and research and development that have an Industrial (M) zoning designation are located north, east, and west of the Project site within the City of Industry.

South: An undeveloped 9.75-acre piece of property is located south of the Project site within the City of Industry. This property has an Industrial (M) zoning. Although the property is currently undeveloped, on December 12, 2022, the City Council approved Development Plan Application No. 21-03, for the demolition of an existing 103,500 square foot industrial building, and the construction of a new 219,242 square-foot industrial building, for the property. To date, the approved development has yet to be built.

Project Background:

City records show that since 2017, Ultimate Paper Box Company has operated as a warehouse and manufacturer of packing supplies in the existing 79,362 square foot industrial building at the Property. According to Los Angeles County Building and Safety Records, there’s an industrial building on this Property totaling 79,362 square-feet, which was constructed in 1970.

Project Entitlements:

The Applicant is requesting approval of Development Plan Application No. 24-02 to expand the existing facility to add 24,792 square feet dedicated to warehousing, manufacturing packaging supplies, and ancillary office purposes. Per Chapter 17.36.020 of the City’s Municipal Code, approval of a development plan is required to modify the existing building.

Discussion:

Staff Analysis:

Project Description
As proposed, the 24,792 square foot expansion is located at the rear of the existing building in an area that is unimproved and utilized for outdoor storage. No other improvements are proposed for the existing building. The building expansion would cumulatively result in 47.8 percent site coverage, where 50 percent coverage maximum is permitted. Vehicular access to the site will continue being provided via two driveway entries on Don Julian Road. The facility’s orientation westerly toward Don Julian Road will be maintained with parking stalls situated along the south side of the building and within the new parking area between the east side of the expansion area facing north. A total of four new loading docks will be located on the south side of the expansion area, for a total of seven at the site. The dock areas are screened from public view by various screening walls and landscape hedges. The expansion meets or exceeds minimum setback standards with a minimum 91 feet, 10-inches, from Don Julian Road, consistent with the existing facility. A total of 93,420 square feet of landscaping will be provided along the perimeter of the expansion site, throughout parking areas, and around the new

portions of the building, resulting in 12 percent site landscaping coverage, where 12 percent coverage is required.

The exterior of the proposed expansion is designed to match the massing and finishes of the existing concrete tilt-up light industrial building, featuring contrasting paint colors, façade projections, and high-quality materials to add visual interest and break up the scale and massing of the building. As most of the expanded building is screened from public view, the focal point of the overall building will continue to be the office area along the west side of the building. The building height is proposed to be 34 feet maximum, which is less than the 150 feet allowed for the zoning district.

The Project is subject to the development standards set forth in Chapters 17.16 and 17.36 of the City’s Code. As provided in Table 1 below, the Project meets or exceeds the Industrial Zone development standards.

Table 1 – Title 17 Development Standards
Development
Standard
Code Requirement Proposed Compliance
Maximum Building
Coverage
50%
109,118 sf

47.7% total coverage
104,154 sf
w/expansion
Yes
Maximum Building
Height
150 feet 34 feet
10-inches
Yes
Minimum Landscape
Coverage Required
12%
21,188 sf
12%
26,167 sf
Yes
Setbacks 30 feet from the curb
line of all streets.
91 feet
10-inches
from Don Julian Road
Yes
*This table reflects the percentages of the entire parcel not the proposed disturbed project area of 1.35 acres.

Parking and Access
As proposed, a total of 154 parking stalls are required for the uses contemplated by the building expansion and 155 stalls are provided, thereby exceeding the City’s parking requirement.

Pursuant to Chapter 17.36.060.K.1.a. of the Municipal Code, the parking requirement for buildings over 100,000 square feet compared with the total stalls provided are summarized in Table 2 below:

Table 2 – Parking Requirements
Building Floor Area
(Square feet)
Parking Spaces
Requirement
Parking Spaces
Required
Parking Spaces
Provided
Over 100,000 sq. ft. 150 spaces plus 1
space per 1,000 sq. ft.
of floor area over
150 spaces + 5
spaces (4,154 sq.
ft./1,000)
154 spaces

100,000 sq. ft.

The City’s Engineering Department and the Los Angeles County Fires Department have found the Project’s circulation pattern to be in conformance with local, state, and federal regulations regarding circulation and traffic pattern design. Additionally, there is adequate circulation around the Project site and the parking lot, thereby avoiding any potential traffic impacts such as congestion and/or stacking.

Vehicle Miles Traveled
One of the three project screening criteria adopted by the city is Low VMT Area screening. The San Gabriel Valley Council of Governments (SGVCOG) has developed an online VMT evaluation tool to assess whether a project is screened out from further VMT analysis using either the TPA screening criteria or the Low VMT Area Screening criteria. This tool was employed to analyze this Project.

The analysis concluded that the Project would screen out using the Low VMT Area screening criteria as the Project will generate less than the City of Industry average VMT using the Total VMT per Home-based Work metric. The Project therefore does not require any additional VMT analysis. No mitigation is required.

General Plan
The General Plan land use designation of the Property is “Employment.” Allowable uses in this land use designation include industrial manufacturing, assembly, printing, machining, milling, welding, research and development, distribution, warehousing, storage, and supporting office uses. The proposed Project is an allowable use in the Employment land use designation, in that an industrial building with supporting ancillary uses is a permitted use, and the proposed Project is for the expansion of an existing industrial building for an industrial use expansion.

The Project site is designated Employment in the General Plan Land Use Element, which is intended for industrial manufacturing, assembly, printing, machining, milling, welding, research and development, distribution, warehousing, storage, and supporting office uses. The expanded industrial building for warehouse and manufacturing (packaging supply) purposes represents an intended use, as identified in General Plan Land Use Element, while providing additional employment and business opportunities to the community. Therefore, it has been determined that the expansion of the facility to add 24,792 square feet of floor area to the existing building is consistent with the General Plan.

Zoning
The Property is zoned Industrial. The proposed development is consistent with the zoning designation because it operates as a warehouse and distribution center. The site is currently occupied by Ultimate Paperbox Company which consists of a warehousing and packaging supply business, which is permitted in the Industrial Zone.

The Property designated Industrial (M) in the Municipal Code. The Project proposes to expand a warehouse and packaging supply business building with 24,792 square feet of additional floor

area dedicated to warehousing, packaging supply, and ancillary office purposes, thereby maintaining the industrial character of the existing site. The proposed Project will not result in a change of use, and the site will continue to comply with or exceed development standards for the Industrial (M) zoning district. The Project site is surrounded by industrial and manufacturing uses. An expanded industrial building providing warehouse, packing supply, and ancillary office space will further contribute to the balanced mix of uses within this zoning designation while providing additional employment and business opportunities to the community. All business activities will be conducted in a manner so as not to impact surrounding uses. Therefore, it has been determined that the expanded warehousing and packaging supply business, and ancillary office facility is in accordance with the objectives of the Zoning Ordinance and the purpose of the zoning district in which the Property is located.

Findings - Chapter 17.36.070
Pursuant to Chapter 17.36.070 of the Municipal Code, the City Council must make the following findings in order to approve an application for development plan. a. The site is suitable for development in accordance with the development plan.

The site is suitable for development in accordance with the development plan in that the Project is in conformance with the City’s General Plan, Zoning Code and all applicable development standards outlined in Section 17.36.060 of the Zoning Code. This includes setbacks, building height, parking, and landscape standards. Further, pursuant to the provisions of the General Plan, industrial uses are permitted in the Employment land use designation, and the Project does not conflict with the established goals and objectives of the Land Use Element of the General Plan. The proposed Project is an allowable use in the Employment land use designation in that an industrial building with supporting office uses is a permitted use, and the proposed Project is for the expansion of an existing industrial building. The Property has an Industrial (M) Zoning Designation. The site is currently utilized by Ultimate Paperbox Company for the purposes of warehousing and manufacturing of packaging supply materials, which are permitted in the Industrial Zone. The business is seeking to expand the square footage of the existing building. The Project is in accord with the objectives of the Zoning Code because the Zoning Code designates the Project site as Industrial. The proposed development is consistent with the Industrial land use designation because it supports the primary use of a warehouse and manufacturing center for general non-hazardous merchandise. By expanding the building, the Ultimate Paperbox Company will be able to continually re-invest in the newest capital equipment to provide the most efficient and green services, all while ensuring the best quality. b. The total development is arranged so as to avoid traffic congestion, ensure the public health, safety, and general welfare, or prevent adverse effects upon neighboring properties.

The total development is arranged to avoid traffic congestion, ensure the public health, safety, and general welfare, or prevent adverse effects upon neighboring properties, because it has been designed to minimize any potential impacts by complying with the City’s Code.

Furthermore, the City’s Engineering Department and the Los Angeles County Fires Department have found the Project’s circulation pattern to be in conformance with local, state, and federal regulations regarding circulation and traffic pattern design. Additionally, there is adequate circulation around the Project site and the parking lot, thereby avoiding any potential traffic impacts such as congestion and/or stacking.

Additionally, the San Gabriel Valley Council of Governments (SGVCOG) has developed an online VMT evaluation tool to assess whether a project is screened out from further VMT analysis using either the TPA screening criteria or the Low VMT Area Screening criteria. This tool was employed to analyze this Project. The analysis concluded that the Project would screen out using the Low VMT Area screening criteria as the project will generate less than the City of Industry average VMT using the Total VMT per Home-based Work metric. The Project therefore does not require any additional VMT analysis. No mitigation is required.

The Project involves expanding an existing industrial building, measuring a total of 104,154 square feet to be used for warehouse, light manufacturing, and ancillary office purposes.

Activating the project will continue to benefit the general welfare of the community as it expands employment and business opportunities to the community. The Project will not have a significant effect on the environment and applicable conditions of approval have been incorporated into the project. Furthermore, the City’s building permit process ensures that any proposed building improvements are built in accordance with City standards, thus protecting the public health, safety, and welfare. Therefore, it has been determined that the Project is not detrimental to the public health, safety, or welfare, or have adverse effects upon neighboring properties. c. The development is in general accord with all elements of this title.

The Project site is designated Industrial (M), which is reserved for uses such as warehouses, manufacturing, and light manufacturing and assembly. The expansion of a light industrial building used for manufacturing packaging supplies, and ancillary office space, is consistent with the land uses intended for the Industrial zone. The Project site is surrounded by a mixture of industrial and manufacturing uses and complies with or exceeds development standards for this zone. Therefore, it has been determined that the expanded light industrial building and use is consistent with the Zoning Ordinance.
d. The development is consistent with the provisions of the general plan or any applicable redevelopment plan.

The development is consistent with the provisions of the General Plan or any applicable redevelopment plan because the proposed building expansion is consistent with the Employment land use designation set forth in the City’s General Plan. Permissible land uses in the Employment land use designation include such uses as distribution, warehouses, storage, and supporting ancillary uses. Additionally, the Project is consistent with General Plan Policy LU5 that states the City should provide “[h]igh quality and well-maintained properties, buildings, and infrastructure that enhance property values and encourage additional public and private investment.” The Project will provide a building expansion that is of high architectural design, along with new infrastructure that will enhance the property value due to the increase in square footage. New buildings, additions, and other structures require an appraisal from the LA County Assessor’s office. The value of new construction is added to the existing improvement assessed value. Also, the building expansion is consistent with Policy LU2-6, which states the City should “[s]upport the use of energy-saving designs and equipment in all new development and rehabilitation or reconstruction Projects” because the building expansion will be solar ready, it is of an energy saving design.

Environmental Analysis:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”) Guidelines, this Project is Categorically Exempt pursuant to Section 15332 (Class 32 In-fill development projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described below.
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The Project is consistent with the general plan designation and regulations. The permissible land uses in the Employment land use designation include distribution, warehouses, storage, and supporting ancillary uses. Additionally, the Project is consistent with General Plan Policy LU5 that states the City should provide “[h]igh quality and well-maintained properties, buildings, and infrastructure that enhance property values and encourage additional public and private investment.” The Project will provide a building expansion that is of high architectural design, along with new infrastructure that will enhance the property value due to the increase in square footage. New buildings, additions, and other structures require an appraisal from the LA County Assessor’s office. The value of new construction is added to the existing improvement assessed value. Also, the building expansion is consistent with Policy LU2-6, which states the City should “[s]upport the use of energy-saving designs and equipment in all new development and rehabilitation or reconstruction Projects”, because the building expansion will be solar ready, it is of an energy saving design.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed development occurs within City limits on a property that is 5.01 acres and is surrounded by urban uses. The surrounding uses include warehouses, manufacturing, and research and development. While the Project is located on a 5.01-acre property, the actual construction will occur on 1.35 acres. The Project consists of an expansion of 24,792 square - feet of actual building and will only disturb 1.35 acres of site and therefore the infill exemption may be utilized.
c. The project site has no value as habitat for endangered, rare, or threatened species.

The Project site has no value as habitat for endangered, rare, or threatened species. The Project site is currently developed and surrounded by development. Pursuant to the General Plan Element 3. Resource Management Section 3.1: “[s]ince the city is urbanized and largely built out, it does not contain significant biological resources.” Further, the Project site has no value as habitat for endangered, rare, or threatened species and does not contain any endangered habitat because it is a developed lot that has an existing industrial building and was disturbed when the original building was built and there were no environmental concerns found at the time of original construction. Furthermore, no areas of the City are within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan as stated in the General Plan Element 3. Therefore, the Project site has no value as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic – Less than significant traffic impacts are anticipated because the proposed development does not exceed the City’s adopted VMT baseline and thresholds of significance, and was screened out from further traffic analysis.

Noise – There will be less than significant impacts to noise because the proposed Project is located in an urbanized, industrial area that currently generates noise from traffic, roads, and the surrounding industrial businesses; therefore, the impacts to noise will be negligible and not be any more significant than what the area already produces. Potential noise impacts will be further mitigated by the LA County Noise Ordinance and through the implementation of best management practices required for construction. Also, conditions of approval will be attached (Attachment 1) requiring the Applicant, property owner, construction contractors, and business owners to comply with the Los Angeles County Noise Ordinance (Los Angeles County Code, Section 2.08.390).

Air Quality – There will be less than significant impacts to air quality because the temporary construction and post construction operations will not exceed the threshold of significance and will be conditioned (in the attached conditions of approval) that the Applicant, property owner, construction contractors, and business owners will be required to comply with the requirements of the California State Building Code, all State and Federal standards regarding air quality, and the City’s General Plan and Municipal Code.

Water Quality – There will be less than significant impacts to water quality because the Project will comply with all requirements set forth by the Los Angeles County Regional Water Quality Control Board and Best Management Practices (BMPs). Also, the Project is required to have an approved Low impact Development (LID) plan and Water Quality Management Plan approved by the Engineering Department in order to construct and has already received said approval. e. The site can be adequately served by all required utilities and public services.

The Project site is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan. All roads and utilities exist and are maintained by the City and the respective utility entities and have served the industrial use at the Property for many years and are suitable for the expansion of the building.

In conclusion, the proposed Project has been reviewed for consistency with the requirements of the CEQA guidelines. Staff has determined that the Project is exempt pursuant to Section 15332 (In-fill Development Projects) for the reasons described above.

Fiscal Impact:

All costs associated with processing this application and project implementation are the responsibility of the applicant. Development of the Project will generate revenues to the City in the form of building permit fees to defray plan check and inspection costs, as well as additional property tax revenue.

Recommendation:

Because the Project complies with the development standards of the City’s Code, does not pose

a significant impact on the environment, and satisfies the required findings outlined in Resolution No. CC 2025-10, Staff recommends that the City Council:
1) Adopt Resolution No. CC 2025-10 approving Development Plan No. 24-02, with the Standard Requirements and Conditions of Approval contained in the Resolution and Notice of Exemption regarding same.

Exhibits:

1. EXHIBITS DP 24-02 15051 Don Julian Donlon

15625 Mayor Dave Way · City of Industry, California 91744 · 626.333.2211 · www.cityofindustry.org

CITY OF INDUSTRY

EXHIBITS
Exhibits List:

A. Location Map – DP No. 24-02
B. Project Plans – DP No. 24-02
C. Building Elevations – DP No. 24-02
D. Notice of Exemption
E. Resolution No. CC 2025-10 recommending City Council approval of Development Plan No. 24-02 with the Standard Requirements and Conditions of Approval contained in the Resolution and Notice of Exemption regarding same.

DP 24-02
March 19, 2025

EXHIBIT A
Location Map – DP 24-02
[Attached]

NORTH
Project
Site

DP 24-02
March 19, 2025

EXHIBIT B
Project Plans – DP 24-02
[Attached]

Project Number:

Revision:

Date:

Drawn by:

Title:

Sheet:

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E N S E D A R C H I T E
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S T A T E O F C A L I F O R N I A
DATE

RENEWAL
3−31−25
C−29451

SITE PLAN GENERAL NOTES VICINITY MAP
SITE

PROJECT INFORMATION TABULATION
Address of the property
Assessor's Parcel Number
Owner / Applicant Applicant's Representative
Construction Type
Zoning
Code Analysis

LEGAL DESCRIPTION

Project Number:

Revision:

Date:

Drawn by:

Title:

Sheet:

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3−31−25
C−29451

FLOOR PLAN KEYNOTES FLOOR PLAN GENERAL NOTES

DP 24-02
March 19, 2025

EXHIBIT C
Building Elevations – DP 24-02
[Attached]

01.28.2025
15051EDONJULIANRD. CityofIndustry,CA #23293
ConceptualBuildingExpansionElevations
EastElevation
SouthElevation
WestElevation
NorthElevation

EXISTINGBUILDING

01.28. 2025
15051 E DON JULIAN RD.

City of Industry, CA #23293
Conceptual Building Expansion Elevations & Material Board Enlarged View of North Elevation
North Elevation
East Elevation
1 7
7 5 2 3 4
6 CLEAR ANODIZED BLUE GLAZING

MULLIONS

SHERWIN-WILLIAMS
SW 7641

COLLONADE GRAY
283-C2

SHERWIN-WILLIAMS
SW 7073

NETWORK GRAY
235-C3

SHERWIN-WILLIAMS
SW 7072
ONLINE
235-C2
PPG

PITT-TECH PLUS EP DTM
@METAL CANOPY
W/ COLOR P1 FULL GLOSS

SHERWIN-WILLIAMS
SW 7005

PURE WHITE
255-C1
7

DP 24-02
March 19, 2025

Exhibit D
Notice of Exemption - DP 24-02
[Attached]

NOTICE OF

EXEMPTION
To: County Clerk
County of Los Angeles
Environmental Filings
12400 East Imperial Highway
#2001
Norwalk, CA 90650
From: City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Project Title: Development Plan Application No. 24-02
Project Location - Specific: 15051 Don Julian Road
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: Consideration of a Resolution approving Development Plan Application No. 24-02, allowing a 24,792 square foot addition to an existing warehouse and manufacturing building, located at 15051 Don Julian Road, City of Industry, California, and adopting a Notice of Exemption regarding same, and making findings in support thereof Name of Public Agency Approving Project: City Council, City of Industry Name of Person or Agency Carrying Out Project: Matthew Lew on behalf of Donlon Builders 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));
 Categorical Exemption. State type and section number:15332 (Class 32)  Statutory Exemptions. State code number:

Reasons why project is exempt: The proposed project is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15332, Class 32 (In-fill development Projects). The Class 32 consists of projects characterized as in-fill development meeting the conditions described below.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The Project is consistent with the general plan designation and regulations. The permissible land uses in the Employment land use designation include distribution, warehouses, storage, and supporting ancillary uses. Additionally, the Project is consistent with General Plan Policy LU5 that states the City should provide “[h]igh quality and well-maintained properties, buildings, and infrastructure that enhance property values and encourage additional public and private investment.” The Project will provide a building expansion that is of high architectural design, along with new infrastructure that will enhance the property value due to the increase in square footage.

New buildings, additions, and other structures require an appraisal from the LA County Assessor’s office. The value of new construction is added to the existing improvement assessed value. Also, the building expansion is consistent with Policy LU2-6, which states the City should “[s]upport the use of energy-saving designs and equipment in all new development and rehabilitation or

reconstruction Projects”, because the building expansion will be solar ready, it is of an energy saving design.
(b) The proposed development occurs within city limits on a project site of no more than five acres surrounded by urban uses.

The proposed development occurs within City limits on a property that is 5.01 acres and is surrounded by urban uses. The surrounding uses include warehouses, manufacturing, and research and development. While the Project is located on a 5.01-acre property, the actual construction will occur on 1.35 acres. The Project consists of an expansion of 24,792 square - feet of actual building and will only disturb 1.35 acres of site and therefore the infill exemption may be utilized.
(c) The project site has no value as habitat for endangered, rare, or threatened species.

The Project site has no value as habitat for endangered, rare, or threatened species. The Project site is currently developed and surrounded by development. Pursuant to the General Plan Element

3. Resource Management Section 3.1: “[s]ince the city is urbanized and largely built out, it does not contain significant biological resources.” Further, the Project site has no value as habitat for endangered, rare, or threatened species and does not contain any endangered habitat because it is a developed lot that has an existing industrial building and was disturbed when the original building was built and there were no environmental concerns found at the time of original construction. Furthermore, no areas of the City are within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan as stated in the General Plan Element 3. Therefore, the Project site has no value as habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic – Less than significant traffic impacts are anticipated because the proposed development does not exceed the City’s adopted VMT baseline and thresholds of significance, and was screened out from further traffic analysis.

Noise – There will be less than significant impacts to noise because the proposed Project is located in an urbanized, industrial area that currently generates noise from traffic, roads, and the surrounding industrial businesses; therefore, the impacts to noise will be negligible and not be any more significant than what the area already produces. Potential noise impacts will be further mitigated by the LA County Noise Ordinance and through the implementation of best management practices required for construction. Also, conditions of approval will be attached (Attachment 1) requiring the Applicant, property owner, construction contractors, and business owners to comply with the Los Angeles County Noise Ordinance (Los Angeles County Code, Section 2.08.390).

Air Quality – There will be less than significant impacts to air quality because the temporary construction and post construction operations will not exceed the threshold of significance and will be conditioned (in the attached conditions of approval) that the Applicant, property owner, construction contractors, and business owners will be required to comply with the requirements of the California State Building Code, all State and Federal standards regarding air quality, and the City’s General Plan and Municipal Code.

Water Quality – There will be less than significant impacts to water quality because the Project will comply with all requirements set forth by the Los Angeles County Regional Water Quality Control Board and Best Management Practices (BMPs). Also, the Project is required to have an approved Low impact Development (LID) plan and Water Quality Management Plan approved by the Engineering Department in order to construct and has already received said approval. (e) The site can be adequately served by all required utilities and public services.

The Project site is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan. All roads and utilities exist and are maintained by the City and the respective utility entities and have served the industrial use at the Property for many years and are suitable for the expansion of the building.

In conclusion, the proposed Project has been reviewed for consistency with the requirements of the CEQA guidelines. Staff has determined that the Project is exempt pursuant to Section 15332 (In-fill Development Projects) for the reasons described above.

Lead Agency
Contact Person: Eduardo Manriquez Telephone: (626)333-2211 Signature: Date:

Title: Contract Associate Planner

DP 24-02
March 19, 2025

Exhibit E
Resolution No. CC 2025-10
[Attached]

RESOLUTION NO. CC 2025-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING DEVELOPMENT
PLAN APPLICATION NO. 24-02, ALLOWING A 24,792

SQUARE FOOT ADDITION TO AN EXISTING

WAREHOUSE AND MANUFACTURING BUILDING AND
ASSOCIATED IMPROVEMENTS, LOCATED AT 15051 DON

JULIAN ROAD, CITY OF INDUSTRY, CALIFORNIA, AND

ADOPTING A NOTICE OF EXEMPTION REGARDING

SAME, AND MAKING FINDINGS IN SUPPORT THEREOF

RECITALS
WHEREAS, Matthew Lew on behalf of Donlon Builders (“Applicant”), filed a complete application requesting approval of Development Plan No. 24-02 (“DP 24-02”) for a 24,792 square foot addition to an existing 79,362 square foot warehouse and manufacturing building and associated site improvements (“Project”), located at 15051 Don Julian Road, City of Industry, California further described as Assessor’s Parcel Numbers 8264-019-015 (“Project Site”); and
WHEREAS, the Project applies to 5.01-acre parcel, which is currently developed with a warehouse and manufacturing building; and
WHEREAS, according to records in the Los Angeles County Assessor Office, the existing building was built in 1970; and
WHEREAS, the Project Site is occupied by the Ultimate Paper Box Company, which has operated since 2017 as a warehouse and manufacturer of packing supplies; and
WHEREAS, the Property has a General Plan Employment land use designation and an Industrial Zoning designation. In accordance with Section 17.36.020 of the City’s Municipal Code (“Code”), a Development Plan Application is required for the construction of the expansion of an existing building; and
WHEREAS, an Environmental Assessment form was submitted by the Applicant and based on Staff’s review and assessment, the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32 In-fill development projects); and
WHEREAS, on March 19, 2025, the City Council of the City of Industry conducted a duly noticed special meeting on the Application and considered all testimony written and oral; and

Resolution No. CC 2025-10
DP No. 24-02
WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1: The above Recitals are true and correct and are incorporated herein by reference.

SECTION 2: All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State law and the City’s Code.

SECTION 3: The applicant submitted an Environmental Assessment form pursuant to the City’s requirements. Based upon the information received and Staff’s review and assessment, the proposed project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines (Class 32 In-fill development Projects). Class 32 consists of projects characterized as infill development meeting the following conditions: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services.
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The project is consistent with the general plan designation and regulations. The permissible land uses in the Employment land use designation include such uses as distribution, warehouses, storage, and supporting ancillary uses. Additionally, the Project is consistent with General Plan Policy LU5 that states the City should provide “[h]igh quality and well-maintained properties, buildings, and infrastructure that enhance property values and encourage additional public and private investment.” The Project will provide a building expansion that is of high architectural design, along with new infrastructure that will enhance the property value due to the increase in square footage. New buildings, additions, and other structures require an appraisal from the LA County Assessor’s office. The value of new construction is added to the existing improvement assessed value. Also, the building expansion is consistent with Policy LU2-6, which states the City should “[s]upport the use of energy-saving designs and equipment in all new development and rehabilitation or reconstruction Projects” because the building expansion will be solar ready, it is of an energy saving design.

Resolution No. CC 2025-10
DP No. 24-02
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed development occurs within City limits on a property that is 5.01 acres and is surrounded by urban uses. The surrounding uses include warehouses, manufacturing, and research and development. While the Project is located on a

5.01-acre property, the actual construction will occur on 1.35 acres. The Project consists of an expansion of 24,792 square - feet of actual building and will only disturb 1.35 acres of site and therefore the infill exemption may be utilized. c. The project site has no value as habitat for endangered, rare, or threatened species.

The project site has no value as habitat for endangered, rare, or threatened species. The Project site is currently developed and surrounded by development.

Pursuant to the General Plan Element 3. Resource Management Section 3.1:
“[s]ince the city is urbanized and largely built out, it does not contain significant biological resources”. Further, the Project site has no value as habitat for endangered, rare, or threatened species and does not contain any endangered habitat because it is a developed lot that has an existing industrial building and was disturbed when the original building was built and there were no environmental concerns found at the time of original construction. Furthermore, no areas of the City are within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan as stated in the General Plan Element 3. Therefore, the Project site has no value as habitat for endangered, rare or threatened species, and the Project qualifies for an exemption under CEQA Guidelines Section 15332(c) as a Class 32 urban in‐fill development under this criteria.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic – Less than significant traffic impacts are anticipated because the proposed development does not exceed the City’s adopted VMT baseline and thresholds of significance and was screened out from further traffic analysis.

Noise – There will be less than significant impacts to noise because the proposed Project is located in an urbanized, industrial area that currently generates noise from traffic, roads, and the surrounding industrial businesses; therefore, the impacts to noise will be negligible and not be any more significant than what the area already produces. Potential noise impacts will be further mitigated by the LA County Noise Ordinance and through the implementation of best management

Resolution No. CC 2025-10
DP No. 24-02
practices required for construction. Also, conditions of approval will be attached (Attachment 1) requiring the Applicant, property owner, construction contractors, and business owners to comply with the Los Angeles County Noise Ordinance (Los Angeles County Code, Section 2.08.390).

Air Quality – There will be less than significant impacts to air quality because the temporary construction and post construction operations will not exceed the threshold of significance and will be conditioned (in the attached conditions of approval) that the Applicant, property owner, construction contractors, and business owners will be required to comply with the requirements of the California State Building Code, all State and Federal standards regarding air quality, and the City’s General Plan and Municipal Code.

Water Quality – There will be less than significant impacts to water quality because the Project will comply with all requirements set forth by the Los Angeles County Regional Water Quality Control Board and Best Management Practices (BMPs).

Also, the Project is required to have an approved Low impact Development (LID) plan and Water Quality Management Plan approved by the Engineering Department in order to construct and has already received said approval. e. The site can be adequately served by all required utilities and public services.

The Project site is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan. All roads and utilities exist and are maintained by the City and the respective utility entities and have served the industrial use at the Property for many years and are suitable for the expansion of the building.

SECTION 4: Based upon substantial evidence presented to the City Council during the March 19, 2025, special meeting, including public testimony, and written and oral staff reports, and which includes without limitation, CEQA, the CEQA Guidelines, and the City’s Municipal Code, the City Council finds as follows:
a. The site is suitable for development in accordance with the development plan.

The site is suitable for development in accordance with the development plan in that the Project is in conformance with the City’s General Plan, Zoning Code and all applicable development standards outlined in Section 17.36.060 of the Zoning Code. This includes setbacks, building height, parking, and landscape standards.

Further, pursuant to the provisions of the General Plan, industrial uses are permitted in the Employment land use designation, and the Project does not conflict with the established goals and objectives of the Land Use Element of the General Plan. The proposed Project is an allowable use in the Employment land use designation in that an industrial building with supporting office uses is a

Resolution No. CC 2025-10
DP No. 24-02
permitted use, and the proposed Project is for the expansion of an existing Industrial building. The Property has an Industrial (M) Zoning Designation. The site is currently utilized by Ultimate Paperbox Company for the purposes of warehousing and manufacturing of packaging supply materials, which is permitted in the Industrial Zone. The business is seeking to expand the square footage of the existing building. The Project is in accord with the objectives of the Zoning Code because the Zoning Code designates the Project site as Industrial. The proposed development is consistent with the Industrial land use designation because it supports the primary use of a warehouse and manufacturing center for general non-hazardous merchandise. By expanding the building, the Ultimate Paperbox Company will be able to continually re-invest in the newest capital equipment to provide the most efficient and green services, all while ensuring the best quality.
b. The total development is arranged so as to avoid traffic congestion, ensure the public health, safety, and general welfare, or prevent adverse effects upon neighboring properties.

The total development is arranged to avoid traffic congestion, ensure the public health, safety, and general welfare, or prevent adverse effects upon neighboring properties, because it has been designed to minimize any potential impacts by complying with the City’s Code. Furthermore, the City’s Engineering Department and the Los Angeles County Fires Department have found the Project’s circulation pattern to be in conformance with local, state, and federal regulations regarding circulation and traffic pattern design. Additionally, there is adequate circulation around the Project site and the parking lot, thereby avoiding any potential traffic impacts such as congestion and/or stacking.

Additionally, the San Gabriel Valley Council of Governments (SGVCOG) has developed an online VMT evaluation tool to assess whether a project is screened out from further VMT analysis using either the TPA screening criteria or the Low VMT Area Screening criteria. This tool was employed to analyze this project. The analysis concluded that the project would screen out using the Low VMT Area screening criteria as the project will generate less than the City of Industry average VMT using the Total VMT per Home-based Work metric. The Project therefore does not require any additional VMT analysis. No mitigation would be required.

The project involves expanding an existing industrial building, measuring a total of 104,154 square feet to be used for warehouse, light manufacturing, and ancillary office purposes. Activating the project will continue to benefit the general welfare of the community as it expands employment and business opportunities to the community. The proposed project will not have a significant effect on the environment and applicable conditions of approval have been incorporated into the project. Furthermore, the City’s building permit process ensures that any proposed

Resolution No. CC 2025-10
DP No. 24-02
building improvements would be built in accordance with City standards, thus protecting the public health, safety, and welfare. Therefore, it has been determined that the conditional use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. c. The development is in general accord with all elements of this title.

The project site is designated Industrial (M) in the Zoning Ordinance, which is reserved for uses such as warehouses, manufacturing, and light manufacturing and assembly. The expansion of a light industrial building used for manufacturing packaging supplies, and ancillary office space, is consistent with the land uses intended for the Industrial zone. The project site is surrounded by a mixture of industrial and manufacturing uses and complies with or exceeds development standards for this zone. Therefore, it has been determined that the expanded light industrial building for food processing and distribution purposes is consistent with the Zoning Ordinance.
d. The development is consistent with the provisions of the general plan or any applicable redevelopment plan.

The development is consistent with the provisions of the General Plan or any applicable redevelopment plan because the proposed building expansion is consistent with the Employment land use designation set forth in the City’s General Plan. Permissible land uses in the Employment land use designation include such uses as distribution, warehouses, storage, and supporting ancillary uses.

Additionally, the Project is consistent with General Plan Policy LU5 that states the City should provide “[h]igh quality and well-maintained properties, buildings, and infrastructure that enhance property values and encourage additional public and private investment.” The Project will provide a building expansion that is of high architectural design, along with new infrastructure that will enhance the property value due to the increase in square footage. New buildings, additions, and other structures require an appraisal from the LA County Assessor’s office. The value of new construction is added to the existing improvement assessed value. Also, the building expansion is consistent with Policy LU2-6, which states the City should “[s]upport the use of energy-saving designs and equipment in all new development and rehabilitation or reconstruction Projects” because the building expansion will be solar ready, it is of an energy saving design.

SECTION 5: Based on the foregoing, the City Council hereby approves Development Plan Application No. 24-02, subject to the Conditions of Approval, attached hereto as Attachment 1, and incorporated herein by reference, and the Notice of Exemption, and directs Staff to file same as required by law.

Resolution No. CC 2025-10
DP No. 24-02
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 the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Industry at a special meeting held on March 19, 2025, 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

DP 24-02
March 19, 2025

Attachment 1
Conditions of Approval