CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 1
CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 598 761 213#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager, James M. Casso, City Attorney; and Julie Gutierrez-Robles, City Clerk.
PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke for three minutes about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.
Executive Director Lisa Price with Priceless Pets came to thank the City for their support and for allowing them to partner with us. I am here if you have any questions.
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CONSENT CALENDAR
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 2
Council Member Ruggles asked for a staff report on Item Nos. 5.2, 5.4, 5.6, 5.8, and 5.9.
Mayor Moss asked if anyone else was on the line for public comments regarding the Consent Calendar. If so, press *5 to raise your hand and the City Clerk can unmute you.
There was none.
CONSIDERATION OF THE REGISTER OF DEMANDS FOR NOVEMBER 10, RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 CONSIDERATION OF RESOLUTION CC 2022-48 APPROVING A DONATION TO DELHAVEN COMMUNITY CENTER IN THE AMOUNT OF $25,000.00, FOR ITS
BECAUSE WE CARE PROGRAM
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
48. Assistant City Manager, Sam Pedroza provided a staff report and recommended the continued support for the Because We Care Program. He then introduced Tim Seal, Executive Director from Del Haven Community Center, who explained the program in more detail. This program helps families with social, professional, and financial services along with moral support for those that suffer with mental illness, learning disabilities and special needs. Council Member Ruggles asked about the age range for these people in need and Mr. Seal explained that it varies from case to case with mental health starting from 13 years on up.
5.3 CONSIDERATION OF RESOLUTION CC 2022-49 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY CONTINUING THE AUTHORIZATION OF REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
49. 5.4 CONSIDERATION OF A COST SHARING AGREEMENT WITH THE PUENTE BASIN WATER AGENCY, FOR THE PHASE 1 DEVELOPMENT OF THE
GROUNDWATER MANAGEMENT PLAN FOR THE PUENTE BASIN
RECOMMENDED ACTION: Approve the Agreement.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 3
City Manager, Josh Nelson provided a staff report and was available to answer any questions.
5.5 CONSIDERATION OF AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR ARBORISTS
SERVICES, APPROVING A ONE-YEAR EXTENSION AND INCREASING COMPENSATION BY $800,000.00
RECOMMENDED ACTION: Approve the Amendment.
CONSIDERATION OF AMENDMENT NO. 2 TO THE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION, FOR THE STIMSON AVENUE
AT-GRADE RAILROAD CROSSING AT LOS ANGELES SUBDIVISION, NORTH OF GALE AVENUE, INCREASING COMPENSATION BY $260,315.00 (MP 06-11 #21) RECOMMENDED ACTION: Approve the Amendment.
Senior Project Manager, Upendra Joshi from CNC Engineering provided a staff report and was available to answer any questions.
5.7 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING, INC., FOR
ENGINEERING DESIGN SERVICES FOR PUMP STATION UPGRADES, EXTENDING THE TERM THROUGH NOVEMBER 9, 2024, AND INCREASING COMPENSATION BY $106,169.00
RECOMMENDED ACTION: Approve the Amendment.
CONSIDERATION OF CLOSEOUT CHANGE ORDER NO. 1, AND NOTICE OF COMPLETION FOR CONTRACT NO. CITY-1471, CHINO RANCH DAM NO 1 RIPRAP
PILOT PROJECT AT ARNOLD RESERVOIR
RECOMMENDED ACTION: Approve Change Order No. 1.
and authorize the Engineering Manager to execute the Notice of completion.
Director of Engineering James Cramsie, from CNC Engineering provided a staff report and reviewed the background of the project. This pilot project is a test segment to get results after observing through the rain season. Council Member Radecki asked how far the wrap around the corner was and Josh Nelson responded with approximately 25 feet.
Council Member Ruggles asked whose responsibility for this part of the project was and
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 4
the response was the City of Industry. Should a future extension be necessary it would be signed off and paid connection with
Tres Hermanos Conservation Authority which would first come back to the Council for approval.
5.9 CONSIDERATION OF BID PROTESTS, AND AWARD OF CONTRACT NO.
CITY-1494, 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS, TO R DEPENDABLE CONST INC., IN AN AMOUNT NOT-TO-EXCEED $1,763,780.00,
AND ADOPT NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Reject the Bid Protests, award
the contract to R Dependable Const Inc. in the amount of $1,763, 780.00, and adopt a notice of exemption.
City Manager, Josh Nelson provided a staff report and explained the background of the project. • The review of bids found that R Dependable Const Inc., submitted the lowest responsive bid and has the relevant experience, qualification, and licensing necessary to complete this project. Two protest bids were submitted which were explained in detail.
Staff recommends awarding the bid to R Dependable Const Inc, reject the bid protest, authorize the approval of change orders, waive the clerical errors, and adopt the notice of exemption for this project.
5.10 CONSIDERATION OF AMENDMENT NO. 1 TO THE EMPLOYMENT
AGREEMENT WITH JOSHUA NELSON, FOR CITY MANAGER SERVICES RECOMMENDED ACTION: Approve the Amendment.
City Attorney Jaime Casso provided a staff report explaining the amendments to Josh Nelsons contract which include an annual rate of Two Hundred Eighty Thousand Eight Hundred and 00/00 Dollars ($280,800.00) base salary. Mr. Nelson shall accrue vacation at the rate of 6.5 hours every two weeks of service with no limits on the number of hours accrued. Mr. Nelson shall accrue sick leave at the rate of 5 hours every two weeks, with no limits on the number of hours accrued, all which comply with the Brown Act.
With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 79345 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 5
MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY MAYOR PRO TEM
MARCUCCI THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 79345 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
CLOSED SESSION
Mike Greenspan and Armando Herman each spoke for three minutes in opposition to Closed Session.
Mayor Moss asked if anyone was on the line for public comments regarding Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
6.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section54956.9(d) (2): one potential case
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers (portion of)
8247-014-900, (portion of) 8247-013-908, 8262-001-
900, 8262-001-902, (portion of) 8262-011-930, 8262-
011- 931, 8262-012-270, 8262-012- 271, 8262-012-
272, 8262-012-273, (portion of) 8262-012-274,
(portion of) 8262-012- 275, 8262-012-276, (portion of)
8262- 015-900, (portion of) 8262-015-901, 8262-015-
902, 8262-015-904, (portion of) 8262-015-905, 8263-
008-270, 8263- 008-271, 8263-008-904 and 8263-
027-270
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 6
Agency Negotiators: Josh Nelson, City Manager
Bianca Sparks Rojas, Assistant City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:52 a.m.
Mayor Moss reconvened the meeting at 11:44 a.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present.
With regard to Closed Session Item No. 6.1, direction was given to the City Attorney's office, no final action taken.
With regard to Closed Session Item No. 6.2, direction was given to the Agency Negotiators, no final action taken. Nothing further to report as this time.
CITY MANAGER REPORTS
City Manager Josh Nelson wished everyone a Happy Veterans Day and also a Happy Thanksgiving.
AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 11:45 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 10, 2022
PAGE 7
CORY C. MOSS
MAYOR U
Quitora
JÚLIE GUTIERREZ-ROBLES
CITY CLERK