CITY COUNCIL REGULAR MEETING AGENDA
JULY 10, 2025
CITY COUNCIL
REGULAR MEETING
AGENDA
JULY 10, 2025 AT 9:00 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 City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Public Comments (Non-Agenda Items):Anyone wishing to address the City Council on an item not on the Agenda may do so during the “Public Comments” period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement. www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 272 903 628 367 2
Meeting Passcode: jw28gQ3T
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 666 885 969#
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211.
Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
JULY 10, 2025
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for July 10, 2025 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2. Consideration of Amendment No. 3 to the Professional Services Agreement with Placeworks, Inc., for On-Call Environmental Planning Services, increasing compensation by $500,000.00
RECOMMENDED ACTION: Approve the Amendment
6.3. Consideration of Resolution No. CC 2025-30 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
A DONATION TO MOUNTAIN VIEW SCHOOL DISTRICT, IN THE
AMOUNT OF EIGHTY THREE THOUSAND SEVENTY FOUR DOLLARS
AND SEVENTY-TWO CENTS ($83,074.72), FOR A FREEZER FOR ITS
FOOD PANTRY
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-30.
6.4. Introduction of Ordinance No. 837 of the City Council of the City of Industry, California, Adopting the Updated Local Responsibility Area Fire Hazard Severity Zone Map as Recommended by the California Office of the State Fire Marshal, and adopting a notice of exemption regarding same RECOMMENDED ACTION: 1) Waive the reading of Ordinance No. 837, and read by title only; and 2) Introduce Ordinance No. 836, an Ordinance of the City Council of the City of Industry, California, Adopting the Updated Local Responsibility Area Fire Hazard Severity Zone Map as Recommended by the California Office of the State Fire Marshal, and adopt a notice of exemption regarding same.
CITY COUNCIL REGULAR MEETING AGENDA
JULY 10, 2025
6.5. Consideration of Amendment No. 3 to the Maintenance Services Agreement with Janus Pest Management, Inc., for citywide pest control services, extending the term through June 30, 2026, and increasing compensation by $100,000
RECOMMENDED ACTION: Approve the Amendment
6.6. Consideration of a Right-of-Way Use Agreement Between the City of Industry and the Gateway Cities Council of Governments for the Gateway Cities Regional Fiber Optic Network.
RECOMMENDED ACTION: 1) Approve the Agreement and 2)
Authorize the City Manager or designee to administer the Agreement, including approving finalized plans and any other actions in connection with the Agreement.
7. ACTION ITEMS
7.1. Consideration of Resolution No. CC 2025-31 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
A DONATION TO THE LA PUENTE VALLEY HISTORICAL SOCIETY FOR
THE RESTORATION OF THE ROWLAND HOME ADOBE COOKHOUSE
RECOMMENDED ACTION: Determine the donation amount and
adopt the Resolution and determine the amount of the donation.
7.2. Discussion and direction regarding a multi-city memorandum of understanding for shared legislative purposes.
RECOMMENDED ACTION: Provide Direction to Staff
8. PUBLIC HEARINGS-NONE
9. CLOSED SESSION
9.1. 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 paymen
CITY COUNCIL REGULAR MEETING AGENDA
JULY 10, 2025
9.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 8208-027-900, 901, 902, 906, 907, and 918
Agency Negotiators: Joshua Nelson, City Manager; James M. Casso, City Attorney
Negotiating Parties: El Encanto Healthcare & Habilitation Center Under Negotiation: Price and terms of payment
9.3. 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
9.4. 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. 25STCV03524
9.5. 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. 25STCV03679
9.6. 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
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is Thursday, July 24, 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: Bing Hyun, Asst. City Manager
Kathy Tai, Dev. Services Manager
DATE: July 10, 2025
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with Placeworks, Inc., for On-Call Environmental Planning Services, increasing compensation by $500,000.00
Background:
On December 12, 2019, the City Council approved a Professional Services Agreement (“Agreement”) with PlaceWorks, Inc. (“PlaceWorks”) for on-call environmental planning services, in an amount not to exceed $500,000.00, through June 30, 2024. On April 14, 2022, Amendment No. 1 was approved, increasing the compensation by $500,000.00, and updating the indemnity language, and the City’s address. On June 13, 2024, Amendment No. 2 was approved, extending the term through June 30, 2029, and updating the rate schedule.
Discussion:
PlaceWorks has been actively engaged in providing environmental planning services for various development projects. Its involvement follows the City’s on-call process: an applicant submits a project to the City, the City requests the on-call firms to submit a proposal when a service is needed, and the City issues a Notice to Proceed to the selected firm, as long as the cumulative cost does not exceed the firm’s contract amount. On-call costs are reimbursed by the project’s applicant through a Deposit and Reimbursement Agreement.
The Agreement does not expire until June 30, 2029, however, it is nearing the compensation limit. Staff recommends amending the Agreement to increase compensation by $500,000.00 and revising the Rate Schedule to reflect current rates.
Table 1 – Summary of Consultant Costs
Professional Services Agreement $500,000.00
Amendment No. 1 $500,000.00
Amendment No. 2 $0.00
Amendment No. 3 (proposed) $500,000.00
Total $1,500,000.00
Fiscal Impact:
There is no fiscal impact as environmental planning service costs are fully reimbursable by project applicants.
Recommendation:
Staff recommends that the City Council approve Amendment No. 3 to the Professional Services Agreement with PlaceWorks, Inc.
Exhibits:
1. Amendment No. 3
1 AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT WITH
PLACEWORKS, INC.
This Amendment No. 3 to the Professional Services Agreement (“Agreement”), is made and entered into this 10th day of July, 2025 (“Effective Date”), by and between the City of Industry, a California municipal corporation (“City”) and PlaceWorks, Inc., a California Corporation (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about December 12, 2019, the Agreement was entered into and executed between the City and Consultant for on-call environmental planning services; and
WHEREAS, on or about April 14, 2022, the City Council approved Amendment No. 1 to increase the compensation by $500,000.00, update indemnity language, and update the City’s address; and
WHEREAS, on or about June 13, 2024, the City Council approved Amendment No. 2 to extend the term through June 30, 2029, and update the rate schedule; and WHEREAS, the Parties desire to amend the Agreement to increase compensation by $500,000.00, and update the rate schedule; and WHEREAS, for the reasons set forth herein, the City and Consultant 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, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Section 4. PAYMENT
Section 4(a) is hereby revised in its entirety:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
EXHIBIT B. RATE SCHEDULE
2 Exhibit B is hereby rescinded in its entirety, and replaced with a revised Rate Schedule, attached hereto as Attachment 1, 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 hereto have caused this Amendment No. 3 to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry PlaceWorks, Inc.
By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Addie Farrell,
Principal
Attest:
By: ________________________________
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney
3 Attachment 1
EXHIBIT B
RATE SCHEDULE
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: July 10, 2025
SUBJECT: Consideration of Resolution No. CC 2025-30 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO MOUNTAIN VIEW SCHOOL DISTRICT,
IN THE AMOUNT OF EIGHTY THREE THOUSAND SEVENTY FOUR
DOLLARS AND SEVENTY-TWO CENTS ($83,074.72), FOR A FREEZER
FOR ITS FOOD PANTRY
Background:
Mountain View School District (“MVSD”), in collaboration with the City of El Monte and the Los Angeles Regional Food Bank, opened The Food Pantry in August 2024. The Food Pantry is a food distribution site that opens its doors to serve the regional community twice a month. In just the first two months of operation, The Food Pantry served close to 1,000 families from the surrounding area.
Discussion:
MVSD contacted the City to seek assistance in securing a large freezer unit for The Food Pantry in order to continue to provide food to those in need. The City’s donation of $83,074.72 to MVSD will allow for the purchase of a 30-foot freezer. This freezer will assist the Food Pantry with storage of donated food for longer periods of time and help to better manage the timeframe needed for donations to surrounding families that are experiencing food assistance challenges.
Fiscal Impact:
In the Fiscal Year 2025/2026 budget, $371,000.00 was approved for Donations. However, the donation to MVSD was not included in the original budgeted amount (Account No. 100-621- 5602), and the requested donation amount of $83,074.72 will be appropriated from the General
Fund.
Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2025-30.
Exhibits:
1. Resolution No. CC 2025-30
RESOLUTION NO. CC 2025-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO
MOUNTAIN VIEW SCHOOL DISTRICT, IN THE AMOUNT OF
EIGHTY-THREE THOUSAND SEVENTY FOUR DOLLARS AND
SEVENTY-TWO CENTS ($83,074.72), FOR A FREEZER FOR ITS
FOOD PANTRY
RECITALS
WHEREAS, Mountain View School District (“MVSD”), in collaboration with the City of El Monte and the Los Angeles Regional Food Bank, opened The Food Pantry in August 2024; and
WHEREAS, The Food Pantry is a food distribution site that opens its doors to serve the regional community twice a month, and in just the first two months of operation, The Food Pantry served close to 1,000 families from the surrounding area; and WHEREAS, MVSD contacted the City to seek assistance in securing a large freezer unit for The Food Pantry in order to continue to provide food to those in need; and WHEREAS, the City’s donation of $83,074.72 to MVSD will allow for the purchase of a 30 foot freezer, which will assist the Food Pantry with storage of donated food for longer periods of time and help to better manage the timeframe needed for donations to surrounding families that are experiencing food assistance challenges; and WHEREAS, the City’s donation serves a public purpose in that it allows the Food Bank to provide hunger relief in the regional community by directly distributing food to those in need; and
WHEREAS, all legal prerequisites to the 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 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 City’s donation serves a public purpose in that it allows the Food Bank to provide hunger relief in the community by directly distributing food to those in need.
SECTION 3: The City Council approves a donation to Mountain View School District in the amount of Eighty Three Thousand Seventy Four Dollars and Seventy Two Cents ($83,074.72) for a freezer for its food pantry.
SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5: 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 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 10, 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. 6.4
Backup Material will be distributed prior to Meeting
ITEM NO. 6.5
Backup Material will be distributed prior to Meeting
ITEM NO. 6.6
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
DATE: July 10, 2025
SUBJECT: Consideration of a Right-of-Way Use Agreement Between the City of Industry and the Gateway Cities Council of Governments for the Gateway Cities Regional Fiber Optic Network.
Background:
The Gateway Cities Council of Governments (“GCCOG”) has pursued a $46.1 million grant from the California Public Utilities Commission (“CPUC”) and entered into a Joint Build Agreement with the California Department of Technology (“CDT”) to design and construct the Gateway Cities Regional Fiber Optic Network (“Network”) for a total of $103 million, for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access in the Gateway region. As part of its membership with the GCCOG, the City of Industry has engaged in the development of the Network, which is being designed to deliver high-speed broadband to the city halls of participating cities, and to create an opportunity for greater broadband connectivity for the residents and businesses in those cities.
Discussion:
The Network is designed to establish 885,444 feet of new fiber optic backbone cable throughout the Gateway region, interconnect with sections of the Statewide Middle Mile Backbone Network, and deliver quality scalable broadband to 4,254 unserved locations as determined by CPUC standards. The current design includes 489,046 feet of underground fiber and 184,402 feet of aerial fiber and will utilize existing partner fiber network. The underground routes for the fiber will be placed within existing rights-of-way while all aerial routes will be attached to pre-existing poles. The fiber routes will ensure redundancy and future capacity with construction of new and existing conduit within previously disturbed rights-of-way within a 288 strand of fiber.
The attached Right-of-Way Use Agreement between the City and GCCOG will allow the City to utilize the Network by granting GCCOG access to and encroachment of the City’s rights-of-way
in perpetuity for the purpose of installing, operating, and maintaining the Network. Exhibit A to the Agreement shows the current network design within the boundary of the City, and Exhibit B shows the current entire Network design.
The Agreement will grant the City the right to use two (2) strands of dark (unused) fiber for municipal purposes (“City Strands”). The GCCOG will maintain the City Strands for the useful life of the asset, however, the City will be responsible for any required electronics, connections, improvements, and equipment required to utilize the City Strands. The City will not have the right to transfer or assign the use of the City Strands.
The Network design, as depicted in Exhibits A and B of the Agreement, may change due to factors unforeseen before and during construction, which is common for a project of this magnitude. The GCCOG will work with City Staff throughout the construction of the Network within the City’s boundaries and will provide the City with as-built maps within sixty (60) days of completion of construction and final inspections.
CEQA Analysis:
The GCCOG, as the lead agency for the project, has determined that the project is categorically exempt from CEQA, pursuant to Public Resources Code § 21080.51 and CEQA Guidelines Sections 15301, 15302, 15303, and 15304, because the project consists of linear broadband deployment in a right-of-way by a public entity and meets the requirements of subsection (a) of Public Resources Code § 20180.51. Construction of the project will occur within existing trenches and/or previously disturbed areas and will require minor trenching and backfilling.
Installation will take place within City rights-of-way which are currently occupied with exiting utilities, including fiber network lines with no expected expansion of physical footprint. The Network consists of underground and aerial fiber infrastructure, and any small structures will be buried underground. Any aboveground fibers will be placed on existing utility poles.
Fiscal Impact:
The City will be responsible for and bear any costs and expenses incurred at any time in connection with the performance of its responsibilities under the ROW Agreement, including the cost for any electronics, connections, improvements, and equipment required to utilize the City Strands.
Recommendation:
Staff recommends that the City Council:
1. Approve the Right-of-Way (ROW) Use Agreement between the City of Industry and the Gateway Cities Council of Governments for the installation, maintenance, and operation of the Gateway Cities Regional Fiber Optic Network on the City’s rights-of-way; and
2. Authorize the City Manager or designee to administer the Agreement, including approving finalized plans and any other actions in connection with the Agreement.
Exhibits:
1. Right-of-Way Use Agreement
1 RIGHT-OF-WAY USE AGREEMENT
BETWEEN THE CITY OF INDUSTRY
AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
FOR THE GATEWAY CITIES REGIONAL FIBER OPTIC NETWORK
This Right-of-Way Use Agreement (“Agreement”) is made by and between the City of Industry (“City”) and the Gateway Cities Council of Governments (“GCCOG”). City and GCCOG are each a “Party” and collectively known as the “Parties.”
RECITALS
A. GCCOG has entered into a Joint Build Agreement with the California Department of Technology (“CDT”) and has been awarded a grant by the California Public Utilities Commission (“CPUC”) to design and construct the Gateway Cities Regional Fiber Optic Network (“GCRFON”), for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access for its participating member cities.
B. City desires to participate in the GCRFON project and grant GCCOG the right to use certain portions of its public rights-of-way (“ROW”) for the purpose of installing, maintaining, and operating the GCRFON, as more fully set forth herein.
C. The City Council determines that participating in the GCRFON project serves the public interest, is beneficial for the broadband connectivity of City facilities, and creates an opportunity for greater broadband connectivity for its residents and businesses.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, the Parties agree as follows:
1. GCCOG AUTHORIZATION TO ENCROACH UPON CITY PUBLIC RIGHTS-OF-WAY A. Authorization. City hereby grants GCCOG a license to encroach under, on, and along its ROW for the purpose of the installation, maintenance, and operation of the GCRFON upon various portions of City ROW, as more specifically depicted in Exhibit A attached hereto and incorporated herein, as may be modified or changed in the final design. GCCOG shall not be required to pay any fees or to obtain any other license or permit from City for the purpose of installing, maintaining, and/or operating the GCRFON.
B. Term. This license is granted in perpetuity.
C. City’s Use of the GCRFON. City shall have the right to utilize two (2) strands of dark fiber, for non-commercial purposes, along the path preliminarily identified in Exhibit B attached hereto and incorporated herein, as may be modified or changed in the final design (“City Strands”). No rent or license fee shall be payable to GCCOG from City for City’s use of the City Strands. GCCOG, at no cost to City, shall maintain the City Strands for the useful life of the asset, and City shall provide at City’s cost, all electronics,
2 connections, and other improvements and equipment needed to utilize the City Strands.
City shall not have the right to transfer or assign the use of the City Strands.
2. GCCOG’S RESPONSIBILITIES
A. Construction. GCCOG shall communicate and coordinate with City staff regarding the design and construction of the GCRFON. GCCOG shall provide to City staff completed engineering plans, traffic control plans, dates and schedules for construction activities, and other construction details as may arise. GCCOG shall provide City with asbuilt maps within sixty (60) days of completion of construction and final inspections.
B. Damage to Property. GCCOG shall assume all responsibility for all damage to property (including the GCRFON) that may arise from or be caused by GCCOG’s performance under this Agreement or by the performance of any other party which GCCOG directly or indirectly employs to perform under this Agreement. Any damage to any property or public right-of-way resulting from the installation, maintenance, and operation of the GCRFON by GCCOG shall be caused to be repaired by GCCOG at no expense to City and to the reasonable satisfaction of City.
C. Relocation. GCCOG shall remove or relocate, at City’s cost and/or expense, the GCRFON, or any part of it, if and when made necessary by either the installation, abandonment, change of grade, alignment or width of any street, sidewalk or other public facility or the construction, maintenance or operation of any City or other public agency underground or aboveground facilities (including, by way of example and not limitation, any sewer, storm drain, conduits, gas, water, electric or other utility systems or pipes), provided that City or other public agency is acting in its governmental capacity.
In the event all or any portion of any ROW occupied by GCRFON is needed by City or other public agency for a governmental purpose or in the event the existence of GCRFON or any part of it shall be considered detrimental to the public health, safety, welfare, or convenience or to governmental activities including, but not limited to, interference with City or other public agency construction projects, or is in conflict vertically and/or horizontally with any proposed City or other public agency installation, GCCOG shall remove and relocate GCCOG Fiber Network or the involved part of it, at City’s or other public agency’s cost and/or expense, to such other location or locations in the public rights-of-way as may be designated by City or other public agency. City or other public agency must provide written notice to GCCOG at least one hundred eighty (180) days in advance of the need for such removal or relocation.
D. Dig Alerts. GCCOG shall become a member of the Underground Service Alert of Southern California (“DigAlert”) and agrees to maintain and keep current its membership in DigAlert throughout the term of this Agreement, and to comply with applicable noticing and other requirements.
3. CITY RESPONSIBILITIES
To facilitate GCCOG’s buildout of the GCRFON with minimal disruption to the general
3 public, City agrees, to the best of its ability during the construction period, to cooperate with GCCOG to coordinate the design and construction of the GCRFON, including, but not limited to, traffic management and notices to residents and businesses. City shall designate a point-of-contact for communications with GCCOG for GCRFON-related activities. The City Manager or designee shall have the authority to issue any needed approvals on behalf of City regarding the GCRFON.
4. OTHER TERMS
A. Responsibility for Costs. Except as specified otherwise herein, each Party will be responsible for and bear its own costs and expenses incurred at any time in connection with the performance of its responsibilities under this Agreement.
B. Dispute Resolution.
i. If a dispute arises between the parties relating to this Agreement, the Parties agree to use the following procedure prior to resorting to judicial relief by a court of competent jurisdiction: A meeting shall be held promptly between the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with and pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement. Each Party shall pay their own costs of mediation. The Parties shall jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the JAMS if they have been unable to agree upon such appointment within twenty (20) days from the conclusion of the negotiation period. The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days. ii. If the Parties are not successful in resolving the dispute through mediation as described above, the Parties may pursue any remedy at law or in equity by a court of competent jurisdiction.
iii. Notwithstanding the provisions of this subsection, either Party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement or to enjoin the other Party from an asserted breach thereof on a showing that the moving Party would otherwise suffer irreparable harm.
C. Indemnity and Defense.
i. GCCOG shall defend, indemnify, and hold City, its elected officials, officers, agents, employees, and volunteers, harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GCCOG, its
4 officers, agents, or employees.
ii. City shall defend, indemnify and hold GCCOG, its officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, agents, employees.
D. Notices. All notices required or provided for under this Agreement shall be in writing, delivered in person or by certified mail, return receipt requested, addressed to the parties as indicated, below. Any notice so delivered shall be effective on the date of its delivery. Any party may change its address for notice by giving ten (10) days’ notice of such change in the manner provided for in this paragraph. Notices may be served as follows:
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
To GCCOG: Gateway Cities Council of Governments
16401 Paramount Blvd
Paramount, CA 90723
Attention: Executive Director
E. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of California. Any dispute or controversy arising under or related in any way to this Agreement shall be adjudicated by a state court of competent jurisdiction located in Los Angeles County, California.
F. Prevailing Party. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing Party shall be entitled to receive from the losing party reasonable costs and expenses in such amount as the court or arbitrator may adjudge to be reasonable attorney's fees and costs incurred by the prevailing Party in such action or proceeding.
G. Assignment. GCCOG may sell, assign, transfer or lease any interest in those portions of the GCCOG Fiber Network within the City or assign or transfer any of its rights or obligations in this Agreement with prior written notice to City.
H. No Waiver. A waiver by either Party of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this agreement, whether of the same or different character.
5 I. Severability. If any part of this Agreement is held invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable, or otherwise frustrate the purposes of this Agreement.
J. Independent Contractor. The Parties are independent entities and are not to be, and shall not be, construed as joint venturers, partners, employer/employee, or agents one of the other, and neither shall have the power to bind or obligate the other except as set forth in this Agreement.
K. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
L. Captions. The captions herein are for convenience and references only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.
M. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire agreement between the Parties and supersedes any previous oral or written agreements with respect to the subject of this Agreement. No amendment or modification to the Agreement shall be valid and binding unless in writing and signed by authorized representatives of the Parties.
N. Authority to Execute this Agreement. Each person executing this Agreement on behalf of a Party warrants and represents that they have the authority to execute this Agreement on behalf of that Party and the authority to bind that Party to the provisions of this Agreement.
O. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the authorized representatives of the Parties have caused this Agreement to be executed as of the date of the last signature below. [SIGNATURE PAGE FOLLOWS]
6 CITY OF INDUSTRY
By: ___________________________
Cory Moss, Mayor
Date: ___________________________
Attest:
By: ___________________________
Julie Gutierrez-Robles, City Clerk
Date: ___________________________
Approved as to form:
By: ___________________________
James M. Casso, City Attorney
Date: ___________________________
GATEWAY CITIES COUNCIL OF GOVERNMENTS
By: ___________________________
Hector De La Torre,
Executive Director
Date: ___________________________
EXHIBIT A
City Route Design
Route Description Based on Current Design
The network begins at the state middle mile on the south side of the railroad tracks where they cross S. Hacienda Blvd. The underground route heads north .13 miles and turns east to follow Mayor Dave Way for .33 miles. The route then transitions from Underground to Aerial along old Valley Blvd for .2 miles. The route turns south to cross the tracks aerially for .05 miles where it reconnects with the state middle mile.
EXHIBIT B
Gateway Cities Regional Fiber Optic Network Design
ITEM NO. 7.1
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: July 10, 2025
SUBJECT: Consideration of Resolution No. CC 2025-31 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO THE LA PUENTE VALLEY HISTORICAL
SOCIETY FOR THE RESTORATION OF THE ROWLAND HOME ADOBE
COOKHOUSE
Background:
The La Puente Valley Historical Society (“LPVHS”) is a 501(c)(3) nonprofit organization that was founded in October 1960 to encourage and promote the study of the history of La Puente Valley and related parts of Southern California. In 1969, LPVHS signed a lease on the Rowland Home and the Dibble Museum. LPVHS began restoring the home, cook house, and museum with the support of and help from many community organizations.
Discussion:
LPVHS recently informed the City that the Rowland adobe brick cookhouse (“Cookhouse”) sustained significant damage due to rain, causing one of the stucco walls to come down and leaving the 170 year old adobe bricks exposed. The cost to repair and restore the existing building’s adobe brick walls is $28,900.00. LPVHS has applied for a grant to assist with the cost to restore the structure, however even if the grant is awarded, the funds may not become available for some time. LPVHS is requesting a donation from the City in order to assist with the repairs to protect the Cookhouse from further damage and restore the significant historical structure. Staff is seeking the City Council’s direction regarding the desired amount of this donation.
Fiscal Impact:
In the Fiscal Year 2025/2026 budget, $371,000.00 was approved for Donations. Depending on the donation amount approved, appropriations may not be required at this time (Account No. 100-621-5602).
Recommendation:
Determine the donation amount, and adopt the Resolution and determine the amount of the donation.
Exhibits:
1. Resolution No. CC 2025-31
RESOLUTION NO. CC 2025-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, APPROVING A DONATION TO THE LA PUENTE
VALLEY HISTORICAL SOCIETY FOR THE RESTORATION OF THE
ROWLAND HOME ADOBE COOKHOUSE
RECITALS
WHEREAS, the La Puente Valley Historical Society (“Society”) is a 501(c)(3) nonprofit organization that was founded in October 1960 to encourage and promote the study of the history of La Puente Valley and related parts of Southern California; and WHEREAS, in 1969, the Society signed a lease on the Rowland Home and Dibble Museum, and the Society began restoring the home, cook house, and museum with the support of and help from many community organizations; and WHEREAS, LPVHS recently informed the City that the Rowland adobe brick cookhouse (“Cookhouse”) sustained significant damage due to rain, causing one of the stucco walls to come down, and leaving the 170 year old adobe bricks exposed; and WHEREAS, the cost to repair and restore the existing building’s adobe brick walls is $28,900.00 and LPVHS has applied for a grant to assist with the cost to restore the structure, however even if the grant is awarded, the funds may not become available for some time; and
WHEREAS, LPVHS is requesting a donation from the City in order to assist with the repairs to protect the Cookhouse from further damage and restore the significant historical structure; and
WHEREAS, Staff is seeking the City Council’s direction regarding the desired amount of this donation; and
WHEREAS, the City’s donation serves a public purpose in that the Society preserves and promotes the history of the community and offers tours of its properties to local students to encourage their education of the past; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City's contribution serves a public purpose in that that the Society preserves and promotes the history of the community and offers tours of its properties to local students to encourage their education of the past.
SECTION 3. The City Council hereby approves a donation of _____________________ Dollars ($_________) to the La Puente Valley Historical Society.
SECTION 4. The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5. 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 6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 10, 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