CITY COUNCIL SPECIAL MEETING AGENDA
OCTOBER 22, 2025
CITY COUNCIL
SPECIAL MEETING
AGENDA
OCTOBER 22, 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.
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: 259 446 577 321 8
Meeting Passcode: jS3PA72L
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 139 364 994#
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 SPECIAL MEETING AGENDA
OCTOBER 22, 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 October 23, 2025 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2. Consideration of authorization to advertise for public bids for Contract No.
CITY-1501, Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation, for an estimated cost of $1,148,000.00
RECOMMENDED ACTION: Approve the plans and specifications and authorize the solicitation of public bids.
6.3. Consideration of a Reimbursement Agreement with Union Pacific Railroad Company, for preliminary engineering services on the Bixby Drive Reconstruction and Business Parkway Improvements project, in the amount of $30,000.00 (CITY-1526)
RECOMMENDED ACTION: Approve the Reimbursement
Agreement
6.4. Consideration of Amendment No. 5 to the Maintenance Services Agreement with West Coast Arborists, Inc., for Citywide arborist services, increasing compensation by $235,000
RECOMMENDED ACTION: Approve the Amendment
6.5. Consideration of Amendment No. 1 to the Capital Reserve Agreement with the Los Angeles County Metropolitan Transportation Authority for the Park and Ride Project
RECOMMENDED ACTION: Approve the Amendment
6.6. Consideration of the closure of City Hall from December 24, 2025, through January 2, 2026
RECOMMENDED ACTION: Authorize the closure of City Hall from December 24, 2025, through January 2, 2026.
CITY COUNCIL SPECIAL MEETING AGENDA
OCTOBER 22, 2025
7. ACTION ITEMS-NONE
8. PUBLIC HEARINGS-NONE
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. Legacy Point, LLC
Los Angeles County Superior Court Case No. 25STCV03700
9.2. 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
9.3. 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
9.4. 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: Legacy Point, LLC v. City of Industry, et al.
Los Angeles County Superior Court Case No. 24STCV20043
9.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: APN 8760-029-048
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Airey Regina Marie TR Moynier Golf Course Prop LLC
Under Negotiation: Price and terms of payment
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. Adjournment. The next regular City Council Meeting is Thursday, November 13, 2025, at 9:00 AM.
ITEM NO. 6.1
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ITEM NO. 6.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
James Cramsie, Sr. Director of Engineering
Arlene Lopez, Sr. Project Manager
DATE: October 22, 2025
SUBJECT: Consideration of authorization to advertise for public bids for Contract No.
CITY-1501, Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation, for an estimated cost of $1,148,000.00
Background:
Kella Avenue is located on the far west end of the City and is the sole access to a residential neighborhood that is located in unincorporated Los Angeles County. There has been a history of minor street flooding and standing water along Kella Avenue during rain events, which has caused deterioration of the pavement and has the potential to impact access to the residential neighborhood. Plans and specifications have been prepared for the street rehabilitation of Kella Avenue and Rooks Road and for construction of a storm drain in Kella Avenue. This project will be implemented as Agreement No. CITY-1501, subject to the approval of the City Council.
Discussion:
The pavement on Kella Avenue from Rooks Road to the northerly City limit and on Rooks Road from Kella Avenue to Peck Road is severely distressed and in need of rehabilitation.
Additionally, insufficient slope along the curb and gutter on Kella Avenue results in standing water on the street surface during rainstorms. A geotechnical firm was brought in to study the pavement and underlying soil conditions on both street segments. Based on the findings and conclusions of the geotechnical investigations, it is recommended to replace the existing asphalt concrete pavement on both streets. Furthermore, analysis of the existing slopes on Kella Avenue shows the most cost effective solution to alleviate the current drainage deficiency on the roadway is to remove and reconstruct the existing easterly curb and gutter along the entire length of Kella Avenue within the City. In addition, a catch basin will be constructed at the low point along the westerly curb and gutter near the City limit and carry the captured flow in a new
24-inch RCP to the existing storm drain in Rooks Road.
This project was previously authorized by the City Council to advertise for public bids on February 6, 2023, however, there were subsequent delays in the project due to the relocation of existing utilities in advance of the project. Additionally, this work requires a Caltrans encroachment permit for traffic control purposes and that lengthy process is now complete.
Furthermore, additional coordination has been initiated with LA County for the coordination of adjacent projects along Peck Rd. The estimated cost for this project is $1,148,000.00.
Fiscal Impact:
The estimated cost for this project is $1,148,000.00.
Recommendation:
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.
Exhibits:
1. Notice Inviting Bids
2. Engineers Estimate
3. Section A Pages A-1 through A-8
4. Reduced Set of Project Plans
Contract No. CITY-1501 – Specifications
FOR PUBLICATION
NOTICE INVITING BIDS FOR:
CITY OF INDUSTRY
PROJECT NO. 501
Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation CONTRACT NO. CITY-1501
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 9, 2025, via the City of Industry’s PlanetBidsTM vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.
Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.
It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.
At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.
Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.
The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.
The Scope of Work is as follows: Asphalt concrete and Portland Cement removal, construction, and repair. Concrete sidewalk removal and reconstruction, trenching, storm drain and catch basin construction, traffic control, and signing and striping. $77$&+0(17$
Contract No. CITY-1501 – Specifications
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Wednesday, November 26, 2025 at 5:00 p.m.
Contract No. CITY-1501 – Specifications
CITY OF INDUSTRY
PROJECT NO. 501
Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation CONTRACT NO. CITY-1501
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.
The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.
By the order of the CITY OF INDUSTRY dated October 23, 2025 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1501 – Specifications
ESTIMATE FOR:
CITY OF INDUSTRY
PROJECT NO. 501
Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation CONTRACT NO. CITY-1501
ENGINEER'S ESTIMATE
$1,148,000.00
$77$&+0(17%
Contract No. CITY-1501 – Specifications A-1
SECTION A
CITY OF INDUSTRY
PROJECT NO. 501
Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation CONTRACT NO. CITY-1501
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 9, 2025, via the City of Industry’s PlanetBidsTM vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.
Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.
It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.
At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.
The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.
The Scope of Work is as follows: Asphalt concrete and Portland Cement removal, construction, and repair. Concrete sidewalk removal and reconstruction, trenching, storm drain and catch basin construction, traffic control, and signing and striping.
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Wednesday, November 26, 2025 at 5:00 p.m.
$77$&+0(17&
Contract No. CITY-1501 – Specifications A-2
The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited.
If the bid guarantee is a Cashier’s Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier’s Check shall be sealed in an envelope, endorsed as follows: CITY-1501 - Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBidsTM, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the CITY and will be given a deadline to submit.
The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.
The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least B+:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.
CONTRACTOR
INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the CITY.
Contract No. CITY-1501 – Specifications A-3
Contractor shall provide the following types and amounts of insurance:
Without limiting Contractor’s indemnification of CITY, and prior to commencement of the Project, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the CITY.
General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability (“CGL”) policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
x The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
x The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
x The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. x The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.
Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contract No. CITY-1501 – Specifications A-4
Contractor shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, its officers, agents, employees and volunteers.
Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the CITY 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.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Other provisions or requirements:
Proof of Insurance. Contractor shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the 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 the CITY before the
Contract No. CITY-1501 – Specifications A-5
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 requirements or is canceled and not replaced, the CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the CITY will be promptly reimbursed by Contractor or the CITY will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the 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 or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY's risk manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Contractor of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional Insured Status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be
Contract No. CITY-1501 – Specifications A-6
additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY’s Right to Revise Requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the CITY and Contractor may renegotiate Contractor’s compensation.
Self-insured Retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY.
Timely Notice of Claims. Contractor shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.
Contract No. CITY-1501 – Specifications A-7
PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
(i) Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(iii) Section 1777.5, Apprenticeship Requirements.
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(vi) Section 1775, Payroll Records.
(vii) Section 1773.8, Travel and Subsistence Pay.
CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.
LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).
Contract No. CITY-1501 – Specifications A-8
AGREEMENT
When the award of a contract is made to a corporation, the Agreement must be signed by the Secretary/Treasurer of the corporation in addition to the signature of the President/Vice President, or the public agency needs to receive a copy of a resolution adopted by the Board of Directors of the corporation indicating that the party executing the contract has the authority to bind the corporation.
SURETY BONDS
All surety bonds issued in connection with projects for public works must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The power of attorney and the bonds must be executed by the same person, and such signatures shall be notarized.
By the order of the CITY OF INDUSTRY dated October 23, 2025
Julie Gutierrez-Robles, City Clerk
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Upendra Joshi, Senior Project Manager
DATE: October 22, 2025
SUBJECT: Consideration of a Reimbursement Agreement with Union Pacific Railroad Company, for preliminary engineering services on the Bixby Drive Reconstruction and Business Parkway Improvements project, in the amount of $30,000.00 (CITY-1526)
Background:
Staff is currently preparing the construction documents for the replacement of the existing pavement on Bixby Drive from Gale Avenue to Chestnut Street, and sidewalk upgrades along Business Parkway at the railroad crossing. Work includes construction activities within the Union Pacific Railroad (“UPRR”) right-of-way.
Discussion:
UPRR requires a Reimbursement Agreement to perform preliminary engineering services that include reviewing construction documents for improvements within the railroad right-of-way.
UPRR has provided an estimate of $30,000 for the work but will invoice the City for the actual work performed.
Fiscal Impact:
The fiscal impact to the City is estimated to be $30,000.00. However, the final cost of plan checking by UPRR may vary. In the Fiscal Year 2025/2026 Capital Improvement Budget, $100,000.00 is approved for this project (Account No. 120-702-5130) (MP 10-15 #3) and no appropriations are required.
Recommendation:
It is recommended that the City Council approve the Reimbursement Agreement with UPRR.
Exhibits:
1. Reimbursement Agreement with UPRR, Project 802887
1 UPRR REMS
Project 802887
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $30,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF INDUSTRY, CALIFORNIA (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.
2 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost estimates for any Project related work performed by Railroad.
4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.
5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
CITY OF INDUSTRY, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Kenneth Tom
Printed Name Printed Name
Manager I, Industry & Public Projects
Title Title
Exhibit A
Project Description and Location
Project Description
The City of Industry, California, proposes to upgrade the raised median on Bixby Drive and construct a sidewalk on Business Parkway near the locations referanced below.
Location
Los Angeles Subdivision
DOT
Crossing
Type Milepost Street Name
810905L Public 19.07 Bixby Drive
906364F Public 23.949 Business Parkway
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following x Field diagnostic(s) and inspections
x Plan, specification, and construction review
x Project design
x Preparation of Project estimate for force account or other work performed by the Railroad
x Meetings and travel
Exhibit C
Billing Contact Information
Name Mathew Hudson
Title Director of Public Works
Address 15625 Mayor Dave Way, City of Industry CA 91744 Work Phone
Cell Phone
Email [email protected]
Agency
Project No.
ITEM NO. 6.4
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Justin Aguilar, Field Operations Project Manager
DATE: October 22, 2025
SUBJECT: Consideration of Amendment No. 5 to the Maintenance Services Agreement with West Coast Arborists, Inc., for Citywide arborist services, increasing compensation by $235,000
Background:
On November 12, 2020, the City Council (“City”) approved a Maintenance Services Agreement (“Agreement”) with West Coast Arborists, Inc. (“WCA”) for urban forestry tree maintenance services in an amount not-to-exceed $1,200,000.00, through November 12, 2022. The Agreement term was approved for two (2) years, with an option to extend the contract for three (3) additional one (1) year periods.
At the time of the Agreement, WCA offered a baseline tree service, referred to as a standard prune, which it had in place for other cities. It was soon realized that the level of tree service provided would not be adequate to service many of the trees in the City that had not received the appropriate level of trimming needed in prior years. City Staff requested heavier trimming/pruning of many trees to bring them to a more manageable fullness. The additional work led to additional costs not initially budgeted for. On December 21, 2021, the City Council approved Amendment No. 1 to the Agreement in order to account for the heavier trimming that was required, with an increase in compensation of $1,000,000.00.
On November 10, 2022, the City Council approved Amendment No. 2 to the Agreement to exercise the first one-year extension option through November 12, 2023, along with an increase in compensation of $800,000.00. On November 9, 2023, the City Council approved Amendment No. 3 to the Agreement to revise the rate schedule, exercise the second one-year extension option through November 9, 2024, along with an increase in compensation of $1,000,000.00.
On December 12, 2024, the City Council approved Amendment No. 4 to the Agreement extending the term through November 12, 2025, and increasing compensation by $1,000,000.
Discussion:
The City’s trees are now on a standard prune schedule and the work has been ongoing. Staff recommends approving Amendment No. 5 for an increase in compensation of $235,000.00 for additional work that was needed around Industry Hills and along Temple Avenue and Azusa Avenue. The Agreement expires on November 12, 2025, and Staff have been in the process of reviewing proposals for potential new vendors. This Amendment will close out the work for the remainder of the Agreement with WCA.
Fiscal Impact:
Table 1 - Summary of Costs
Contract Amount $1,200,000.00
Amendment No. 1 $1,000,000.00
Amendment No. 2 $800,000.00
Amendment No. 3 $1,000,000.00
Amendment No. 4 $1,000,000.00
Amendment No. 5 $235,000.00
Revised Project Cost $5,235,000.00
The fiscal impact for Amendment No. 5 is $235,000.00. In the adopted Fiscal Year 2025-26 General Fund budget, $4,000,000.00 is approved for this work (Account No. 100-624-7410) for Public Right of Way tree maintenance. Other locations have sufficient General Fund budget for tree maintenance for the remainder of the term.
Recommendation:
It is recommended that the City Council approve Amendment No. 5 to the Maintenance Services Agreement with WCA.
Exhibits:
1. Amendment No. 5 to the Maintenance Services Agreement with WCA, dated October 23, 2025
2. MSA West Coast Arborists - Executed
AMENDMENT NO. 5
TO MAINTENANCE SERVICES AGREEMENT WITH
WEST COAST ARBORISTS, INC.
This Amendment No. 5 to the Maintenance Services Agreement (“Agreement”) is made and entered into this 23rd day of October, 2025, (“Effective Date”) by and between the City of Industry (“City”), a municipal corporation, and West Coast Arborists, Inc., a California corporation, (“Contractor”). City and Contractor are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, on or about November 12, 2020, the City Council approved a Maintenance Services Agreement (“Agreement”) with Contractor for arborist services; and WHEREAS, on or about December 21, 2021, Amendment No. 1 was approved due to the unforeseen need to provide heavy trimming and pruning of the trees throughout the City, and an increase in compensation of $1,000,000.00 was needed. It was also necessary to update the City’s address; and
WHEREAS, on or about November 10, 2022, Amendment No. 2 was approved for a one-year extension to allow Contractor to continue to provide arborist services throughout the City, with a companion increase in compensation of $800,000.00; and WHEREAS, on or about November 9, 2023, Amendment No. 3 was approved for a one-year extension to allow Contractor to continue to provide arborist services throughout the City, with a companion increase in compensation of $1,000,000.00; and WHEREAS, on or about December 12, 2024, Amendment No. 4 was approved for a one-year extension to allow Contractor to continue to provide arborist services throughout the City, with a companion increase in compensation of $1,000,000.00; and WHEREAS, due to additional trimming and pruning of the trees along with recent fire hazard map updates and the request to respond with progress on weed abatement and tree thinning. the Parties desire to amend the Agreement to increase the compensation by $235,000.00 to cover the additional costs incurred for extra work around the Industry Hills area and along Temple Avenue and Azusa Avenue; and
WHEREAS, for the reasons set forth herein, City and Contractor desire to enter into this Amendment No. 5, 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:
4. PAYMENT
The second sentence of Section 4(a) is hereby revised to read in its entirety as follows:
This amount shall not exceed Five Million Two Hundred Thirty Five Thousand Dollars ($5,235,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
The person or persons executing this Agreement on behalf of 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. 5 to the Agreement as of the Effective Date.
“CITY” “CONTRACTOR”
City of Industry West Coast Arborists, Inc.
By: ________________________________ By: _______________________________ Joshua Nelson, City Manager Victor Gonzalez, Vice President Attest:
By: ____________________________________
Julie Gutierrez-Robles, City Clerk, CMC
APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 5
MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. DATED NOVEMBER 12, 2020
ITEM NO. 6.5
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Sean Calvillo, Director of Operations
DATE: October 22, 2025
SUBJECT: Consideration of Amendment No. 1 to the Capital Reserve Agreement with the Los Angeles County Metropolitan Transportation Authority for the Park and Ride Project
Background:
On September 24, 2020, the City and the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) entered into a Capital Reserve Agreement (“Existing CRA”), which provides for the Capital Reserve – Park and Ride Lot Project. The funds approved for the implementation of the project are $289,325.00 for the relocation of the park and ride lot to be closer to the freeway which will better serve Foothill Transit Express Line 495 from Industry to downtown Los Angeles.
Discussion:
The term of the Existing CRA ended June 30, 2025, however, LACMTA prepared an amendment to extend the lapsing date of the project funds through June 30, 2030. This extension will ensure that all construction expenditures remain eligible for reimbursement. Staff do not expect the project to need any further extensions as the project site for the park and ride lot has been proposed on a portion of the parking lot at the Homestead Museum. The funds are intended to fund the construction of the park and ride lot portion. This project is approved in the City’s adopted Capital Improvement Project budget.
Fiscal Impact:
There is no additional fiscal impact associated with Amendment No. 1. This project is approved in the adopted FY 25-26 Capital Improvement Project budget (MP 04-14 #1) for Prop A funds
(103-300-5205).
Recommendation:
It is recommended that the City Council approve Amendment No. 1 to the Existing CRA.
Exhibits:
1. Amendment No. 1 to the Capital Reserve Agreement between City of Industry and the Los Angeles County Metropolitan Transportation Authority
AMENDMENT NO. 1 – MOUCRAINDUS20
AMENDMENT No. 1
TO CAPITAL RESERVE AGREEMENT
BETWEEN CITY OF INDUSTRY AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 1 to Capital Reserve Agreement (this "Amendment"), is dated as of June 30, 2025, by and between City of Industry ("City"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. City and the LACMTA entered into that certain Capital Reserve Agreement - MOUCRAINDUS20 dated September 24, 2020 (as amended, the “Existing CRA”), which Existing CRA provides for the Capital Reserve – Park and Ride Lot Project; and B. On June 26, 2025, the LACMTA Board, authorized an extension of the term of the reserve account to June 30, 2030; and
C. City and LACMTA desire to amend the Existing CRA as provided herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Under “AGREEMENT paragraph 4,” of the Existing CRA, the date “June 30, 2025” is hereby deleted and replaced with “June 30, 2030.”
2. Except as expressly amended hereby, the Existing CRA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing CRA that are not expressly amended by this Amendment shall remain unchanged.
AMENDMENT NO. 1 – MOUCRAINDUS20
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed and delivered as of the above date.
City of Industry
By: _______________________________ Date: ____________________ Name: _______________________________
Title: ________________________________
By: ________________________________ Date: ____________________ Name: ________________________________
Title: _________________________________
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: _______________________ Date: ____________________
Name: STEPHANIE WIGGINS
Title: Chief Executive Officer
Approved as to form:
DAW<N R. HARRISON
County Counsel
By: ___________________ Date: ____________________
Deputy
10/8/2025
Digitally signed by: 4dd8a4b6-a104-429a-9907-
9b6d6de7c696
DN: CN = 4dd8a4b6-a104-429a-9907-
9b6d6de7c696
Date: 2025.10.08 10:38:11 -08'00'
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MOUCRA2INDUS20
1 of 4
CAPITAL RESERVE AGREEMENT
of September 30,
2020, by and between the Los Angeles County Metropolitan Transportation Authority LACMTA Industry
RECITALS:
A. The City receives Proposition A and Proposition C
LACMTA.
B. Pursuant to the Proposition A and Proposition C Local Return Guidelines (the , which are incorporated herein by reference, the City has three years, beginning the last day of the Fiscal Year in which funds were originally allocated, to expend the Local Return Funds. By method of calculation, each jurisdiction has three years plus the Fiscal Year of allocation to expend the Local Return funds. This period is identified in the Guidelines as Timely Use of Funds.
C. As of Fiscal Year 2019-20, the City desires to commit and accumulate its Local Return Funds beyond the Timely Use of Funds period in order to provide the funds for a Fairway Grade Separation Project
D. The LACMTA Board at its September 16, 2020 board meeting approved the fund for the Project.
NOW, THEREFORE, the parties hereby desire to agree to the following terms and conditions:
AGREEMENT
1. The City acknowledges that establishing a capital reserve fund for the Project constitutes a long term financial and planning commitment.
2. The City shall establish a separate interest bearing account or sub-account to be designated as the Capital Reserve Account for the Project. The City desires to set aside $2,000,000 of its Proposition A Local Return Funds into the Capital Reserve Account. Commencing with Fiscal Year 2019-20 and for each Fiscal Year thereafter, the City shall deposit into the Capital Reserve Account the amount specified in its Project Annual Update submitted to LACMTA for that fiscal year, provided, however, if the City fails to submit its Project Annual Update, the City shall deposit into the Capital Reserve Account its Local Return Funds in an amount equal to the amount deposited into the Capital Reserve Account for the immediately preceding fiscal year. In no event will the total aggregate amount deposited by City into the Capital Reserve Account exceed $2,000,000 Proposition A.
MOUCRA2INDUS20
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3. All interest accruing on the Capital Reserve Account shall remain in such account.
4. The City shall complete the Project by June 30, 2025. If the Project is not completed by this date, any unexpended funds shall lapse and be returned to LACMTA for further programming.
5. The City shall comply with all terms and conditions for the Capital Reserve Account as provided in the Proposition A and Proposition C Local Return Guidelines, including, without limitation, the following:
A. Each fiscal year, submitting the following items:
(i) an annual project update, including the amount to be reserved and the current project status as determined by the Local Return Management System requirements;
B. Every five years commencing with the Commencement Date of this Agreement, LACMTA will evaluate the Capital Reserve Account, the status of the Project and the projected amount of available funds. Based on this evaluation, LACMTA may require the City to take certain actions including, without limitation, terminating the Capital Reserve Account.
C. If the City uses the Local Return Funds in the Capital Reserve Account for a project different from the Project described above, the City shall return an amount equal to the improperly used funds to the Proposition A Central Account held by LACMTA.
If the City fails to return the amount within 30 days from the date LACMTA notifies City that it must return the funds, the City hereby authorizes LACMTA to offset future Local Return allocations to the City in an amount equal to the improperly used funds.
D. If the City fails to complete the Project as specified by the date in paragraph 4 above, the Local Return Funds in the Capital Reserve Account may be subject to lapse unless otherwise agreed to in writing by the parties.
E. If the Project is a rail project, LACMTA may decide that the rail corridor is no longer a high priority. LACMTA can then terminate this Agreement and the City shall:
(i) close the Capital Reserve Account and return the outstanding balance of the ocal return account; and
(ii) reprogram the Returned Funds to be used within three years from the termination date of this Agreement. Any funds remaining after such threeyear period shall lapse.
MOUCRA2INDUS20
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F. If the City, independent of LACMTA action, desires to reprogram all or part of the funds in the Capital Reserve Account, the City must prior to such reprogramming, receive LACMTA LACMTA with notice
of its desire to reprogram the funds in the Capital Reserve Account and indicate the proposed use of the funds to be reprogrammed and the effect of such reprogramming on the Project. LACMTA approval may be based on, among other things, whether after exhausting all Local Return funds, additional funds are necessary to meet the cal immediate or pending transit needs. If LACMTA approves reprogramming the funds, this Agreement shall be amended or terminated as appropriate. If LACMTA does not approve reprogramming the funds, the City must continue the Capital Reserve Account as provided herein or draw the funds down for LACMTA approved capital related project.
6. This Agreement shall commence on September 30, 2020. This Agreement shall continue until such time as terminated by either party with a 30 day written notice under the conditions set forth in the Proposition A and Proposition C Local Return Guidelines.
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IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY: Los Angeles County Metropolitan
City of Industry Transportation Authority
_________________________ By: ___________________________ PHILLIP A. WASHINGTON
Mayor/City Manager Chief Executive officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
RODRIGO CASTRO-SILVA
Acting County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: _________________
Dawyn R. Harrison
Interim County Counsel
Stephanie N. Wiggins
By: _____________
_________
1/3/2023
: ___________________________
G
ief Executive officer
ephanie N. Wiggins
MOUCRAINDUS20
1 of 4
CAPITAL RESERVE AGREEMENT
of September 30,
2020, by and between the Los Angeles County Metropolitan Transportation Authority LACMTA Industry
RECITALS:
A. The City receives Proposition A and Proposition C
LACMTA.
B. Pursuant to the Proposition A and Proposition C Local Return Guidelines (the , which are incorporated herein by reference, the City has three years, beginning the last day of the Fiscal Year in which funds were originally allocated, to expend the Local Return Funds. By method of calculation, each jurisdiction has three years plus the Fiscal Year of allocation to expend the Local Return funds. This period is identified in the Guidelines as Timely Use of Funds.
C. As of Fiscal Year 2019-20, the City desires to commit and accumulate its Local Return Funds beyond the Timely Use of Funds period in order to provide the funds for a Park and Ride Lot Project
D. The LACMTA Board at its September 16, 2020 board meeting approved the nd for the Project.
NOW, THEREFORE, the parties hereby desire to agree to the following terms and conditions:
AGREEMENT
1. The City acknowledges that establishing a capital reserve fund for the Project constitutes a long term financial and planning commitment.
2. The City shall establish a separate interest bearing account or sub-account to be designated as the Capital Reserve Account for the Project. The City desires to set aside $289,325 of its Proposition A Local Return Funds into the Capital Reserve Account. Commencing with Fiscal Year 2019-20 and for each Fiscal Year thereafter, the City shall deposit into the Capital Reserve Account the amount specified in its Project Annual Update submitted to LACMTA for that fiscal year, provided, however, if the City fails to submit its Project Annual Update, the City shall deposit into the Capital Reserve Account its Local Return Funds in an amount equal to the amount deposited into the Capital Reserve Account for the immediately preceding fiscal year. In no event will the total aggregate amount deposited by City into the Capital Reserve Account exceed $289,325 Proposition A.
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3. All interest accruing on the Capital Reserve Account shall remain in such account.
4. The City shall complete the Project by June 30, 2025. If the Project is not completed by this date, any unexpended funds shall lapse and be returned to LACMTA for further programming.
5. The City shall comply with all terms and conditions for the Capital Reserve Account as provided in the Proposition A and Proposition C Local Return Guidelines, including, without limitation, the following:
A. Each fiscal year, submitting the following items:
(i) an annual project update, including the amount to be reserved and the current project status as determined by the Local Return Management System requirements;
B. Every five years commencing with the Commencement Date of this Agreement, LACMTA will evaluate the Capital Reserve Account, the status of the Project and the projected amount of available funds. Based on this evaluation, LACMTA may require the City to take certain actions including, without limitation, terminating the Capital Reserve Account.
C. If the City uses the Local Return Funds in the Capital Reserve Account for a project different from the Project described above, the City shall return an amount equal to the improperly used funds to the Proposition A Central Account held by LACMTA.
If the City fails to return the amount within 30 days from the date LACMTA notifies City that it must return the funds, the City hereby authorizes LACMTA to offset future Local Return allocations to the City in an amount equal to the improperly used funds.
D. If the City fails to complete the Project as specified by the date in paragraph 4 above, the Local Return Funds in the Capital Reserve Account may be subject to lapse unless otherwise agreed to in writing by the parties.
E. If the Project is a rail project, LACMTA may decide that the rail corridor is no longer a high priority. LACMTA can then terminate this Agreement and the City shall:
(i) close the Capital Reserve Account and return the outstanding balance of the ocal return account; and
(ii) reprogram the Returned Funds to be used within three years from the termination date of this Agreement. Any funds remaining after such threeyear period shall lapse.
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F. If the City, independent of LACMTA action, desires to reprogram all or part of the funds in the Capital Reserve Account, the City must prior to such reprogramming, receive LACMTA LACMTA with notice
of its desire to reprogram the funds in the Capital Reserve Account and indicate the proposed use of the funds to be reprogrammed and the effect of such reprogramming on the Project. LACMTA approval may be based on, among other things, whether after exhausting all Local Return funds, additional funds are necessary to meet the LACMTA approves
reprogramming the funds, this Agreement shall be amended or terminated as appropriate. If LACMTA does not approve reprogramming the funds, the City must continue the Capital Reserve Account as provided herein or draw the funds down for LACMTA approved capital related project.
6. This Agreement shall commence on September 30, 2020. This Agreement shall continue until such time as terminated by either party with a 30 day written notice under the conditions set forth in the Proposition A and Proposition C Local Return Guidelines.
MOUCRAINDUS20
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IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY: Los Angeles County Metropolitan
City of Industry Transportation Authority
_________________________ By: ___________________________ PHILLIP A. WASHINGTON
Mayor/City Manager Chief Executive officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
RODRIGO CASTRO-SILVA
Acting County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: _________________
Dawyn R. Harrison
Interim County Counsel
Stephanie N. Wiggins
By: _____________
__________
1/3/2023
: ___________________________
ief Executive officer
ephanie N. Wiggins
ITEM NO. 6.6
CITY OF INDUSTRY
15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
DATE: October 22, 2025
SUBJECT: Consideration of the closure of City Hall from December 24, 2025, through January 2, 2026
Discussion:
According to the Council approved employee handbook, the City Manager may designate additional holidays. The official holidays are December 24th, December 25th, half-day on December 31st, and January 1st. In observance of the Christmas and New Year holidays, Staff recommends closing City Hall and adjusting the holidays to be from Wednesday, December 24, 2025, through Friday, January 2, 2026, and reopening on Monday, January 5, 2026, which would be an additional 30 hours of holiday pay.
Recommendation:
Staff recommends closing City Hall from December 24, 2025, through January 2, 2026.
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