CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
PAGE NO. 1
CITY OF INDUSTRY
CITY COUNCIL
SPECIAL MEETING AGENDA
DECEMBER 12, 2022
8:30 AM
Mayor Cory C. Moss
Mayor Pro Tem Cathy Marcucci
Council Member Michael Greubel
Council Member Mark D. Radecki
Council Member Newell Ruggles
Addressing the City Council:
NOTICE OF TELEPHONIC MEETING:
Pursuant to AB 361 (Government Code Section 54953(e)), this meeting will be held in person and telephonically. Members of the public can attend the meeting via telephonically, by calling the following conference call number:
657-204-3264, then entering the following Conference ID: 766 683 388#.
Pursuant to the Governor’s Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting (including assisted listening devices), please contact the City Clerk’s Office at (626) 333-2211 by 3:00 p.m. on Friday, December 9, 2022, to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
Addressing the City Council:
Public Comments (Agenda Items Only): During public comments, if you wish to address the Council during this Special Meeting, under Government Code Section 54954.3(a), you may only address the City Council concerning any item that has been described in the notice for the Special Meeting.
Agendas and other writings:
In compliance with Government Code Section 54957.5(b), 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 of the City Council during regular business hours, Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m. each day. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
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1. Call to Order
2. Flag Salute
3. Roll Call
4. Public Comments
5. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action.
5.1 Consideration of the Register of Demands for November 24, 2022 RECOMMENDED ACTION: Ratify the Register of Demands
5.2 Consideration of the Register of Demands for December 8, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.3 Consideration of matters related to the COVID-19 pandemic:
a. Consideration of an Amended and Restated Proclamation and Order of the City Council of the City of Industry, California Proclaiming the Existence of a Local Emergency
b. Consideration of Resolution No. CC 2022-56 – 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 the Amended and
Restated Proclamation proclaiming existence of a local emergency, adopt the Resolution continuing the authorization of remote teleconference meetings pursuant to AB 361, and provide direction regarding the City’s current COVID-19 relief programs.
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
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5.4 Consideration of Resolution No. CC 2022-52 APPROVING THE DONATION OF ONE (1) 2008 FORD F-350 PASSENGER VAN TO THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT LANCASTER
STATION FOR ITS DEPUTY EXPLORER PROGRAM
RECOMMENDED ACTION: Adopt Resolution No.CC 2022-
52. 5.5 Consideration of Resolution No. CC 2022-51 CASTING THE CITY COUNCIL’S VOTE FOR MAYOR PRO TEM CATHERINE MARCUCCI TO
REPRESENT CITIES WITH PRESCRIPTIVE PUMPING RIGHTS AS AN
ALTERNATE MEMBER ON THE BOARD OF THE SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
RECOMMENDED ACTION: Adopt Resolution No.CC 2022-
51. 5.6 Consideration of Resolution No. CC 2022-57 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
ACCEPTING A DEDICATION OF STORM DRAIN EASEMENT AS
SHOWN ON PARCEL MAP NO. 354, FOR PROPERTY LOCATED AT
SOUTH SIDE OF CASTLETON STREET, EAST OF HANOVER ROAD
AND WEST OF WALNUT HALL ROAD
RECOMMENDED ACTION: Adopt Resolution No.CC 2022-
57. 5.7 Consideration of Resolution No. CC 2022-50, ratifying a donation to Police Unity Tour Chapter VII of Southern California, in the amount of $532.50, to support the Los Angeles County Sheriff’s Department’s participation in the Police Unity Tour
RECOMMENDED ACTION: Adopt Resolution No.CC 2022-
50. 5.8 Consideration of a License Agreement with the County of Los Angeles for Access to Assessor’s Parcel No. 8208-025-940, for temporary use for the County’s Mental Evaluation Team program
RECOMMENDED ACTION: Approve the Agreement.
5.9 Consideration of Amendment No. 3 to the Professional Services Agreement with Geo-Advantec Inc., for On-Call Geotechnical Engineering Services, extending the term through December 30, 2024, revising the rate schedule, increasing compensation by $300,000.00, and updating the address for the City
RECOMMENDED ACTION: Approve the Agreement.
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
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5.10 Consideration of Amendment No. 3 to the Professional Services Agreement with Ninyo & Moore Geotechnical and Environmental Services Consultants, for On-Call Geotechnical Engineering Services, extending the term through December 30, 2024, revising the rate schedule, revising the addresses for the City and City Attorney’s office, and increasing compensation by $200,000.00
RECOMMENDED ACTION: Approve Amendment No. 3.
5.11 Consideration of Change Order No. 3, in the amount of $154,227.03 to the contract with BLD Builders, Inc. (CIP-FAC-19-064-B), for El Encanto Healthcare Facility Interior Improvements
RECOMMENDED ACTION: Approve Change Order No.3.
5.12 Consideration of Change Order Nos. 5, 6, and 7 in the amount of $245,404.60, for Contract No. CITY-1456, Site Plan for Sheriff’s Trailer RECOMMENDED ACTION: Approve Change Order No.5,6,
and 7.
5.13 Consideration of Award of Contract No. CITY-1497, Industry Business Council Interior Improvements, Phase I, to M. Brey Electric, Inc., in an amount not-to-exceed $532,370.00, and adopt a Notice of Exemption regarding same
RECOMMENDED ACTION: Award the Contract to M. Brey
Electric, Inc. in the amount of $532,370.00, and adopt a Notice of Exemption for the project.
5.14 Consideration of matters related to Proposition A and C funding:
A. Consideration of a Capital Reserve Agreement with the Los Angeles County Metropolitan Transportation Authority for the Fairway Drive Grade Separation Project
B. Consideration of a Capital Reserve Agreement with the Los Angeles County Metropolitan Transportation Authority for the Park and Ride Lot RECOMMENDED ACTION: Ratify the Agreements.
5.15 Consideration of Amendment No. 2 to the License Agreement with R C Foster Corporation, for Access to Assessor’s Parcel No. 8208-024-906 and 8208-024-907, for Temporary Staging of Construction Materials for the Puente Valley Water Operable Unit Treatment Plant Project RECOMMENDED ACTION: Approve Amendment No. 2.
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
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5.16 Consideration of Resolution No. CC 2022-58, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
DECLARING CERTAIN CITY-OWNED REAL PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF AZUSA AVENUE AND
INDUSTRY HILL PARKWAY, CITY OF INDUSTRY, CALIFORNIA (APNs:
A PORTION OF PARCELS 8262-015-900 AND 8262-015-901), AS
SURPLUS LAND UNDER CALIFORNIA GOVERNMENT CODE
SECTIONS 54220 et seq., AND ADOPTING A NOTICE OF EXEMPTION
REGARDING SAME
RECOMMENDED ACTION: Adopt Resolution No.CC 2022-
58. 6. ACTION ITEMS
6.1 Consideration of a Resolution approving Development Plan Application No. 22-02, for the demolition of an existing 32,500 square foot industrial building, and construction of a new 58,500 square foot industrial building, at the property located at 530 North Baldwin Park Boulevard, Assessor’s Parcel Number 8563-003-01, City of Industry, California, adopting a Notice of Exemption regarding same, and making findings thereof.
Consideration of Resolution No.CC 2022-55 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING DEVELOPMENT PLAN APPLICATION NO. 22-02 FOR
THE DEMOLITION OF AN EXISTING 32,500 SQUARE FOOT
INDUSTRIAL BUILDING AND PROPOSING TO CONSTRUCT A NEW
58,500 SQUARE FOOT INDUSTRIAL BUILDING, AT THE PROPERTY LOCATED AT 530 NORTH BALDWIN PARK BOULEVARD, CITY OF
INDUSTRY, CALIFORNIA, AND ADOPTING A NOTICE OF EXEMPTION
REGARDING SAME
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
55. 6.2 Consideration of a Resolution approving Development Plan Application No. 21-03, for the construction of a new 219,242 square-foot industrial building, for the property located at 15010 Don Julian Road City of Industry, California, and consideration of a mitigated negative declaration regarding same
A. Consideration of Resolution No.CC 2022-53 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR
DEVELOPMENT PLAN APPLICATION NO. 21-03, FOR THE
DEMOLITION OF AN EXISTING 103,500 SQUARE FOOT INDUSTRIAL
BUILDING, AND THE PROPOSED CONSTRUCTION OF A NEW
219,242 SQUARE-FOOT INDUSTRIAL BUILDING ON A 9.75-ACRE
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
PAGE NO. 6
SITE, LOCATED AT 15010 DON JULIAN ROAD, CITY OF INDUSTRY,
CALIFORNIA
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
53. B. Consideration of Resolution No.CC 2022-54 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING DEVELOPMENT PLAN APPLICATION NO. 21-03, FOR
THE DEMOLITION OF AN EXISTING 103,500 SQUARE FOOT
INDUSTRIAL BUILDING AND THE CONSTRUCTION OF A NEW
219,242 SQUARE-FOOT INDUSTRIAL BUILDING ON A 9.75-ACRE
SITE, LOCATED AT 15010 DON JULIAN ROAD, CITY OF INDUSTRY,
CALIFORNIA, AND MAKE FINDINGS IN SUPPORT THEREOF
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
54. 6.3 Introduction and Consideration of an Ordinance Adopting by Reference the Los Angeles County Building Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2, TITLE 26 OF THE LOS
ANGELES COUNTY BUILDING CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA BUILDING CODE 2022 EDITION;
TITLE 28 OF THE LOS ANGELES COUNTY PLUMBING CODE,
INCORPORATING BY REFERENCE THE CALIFORNIA PLUMBING
CODE 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY
ELECTRICAL CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA ELECTRICAL CODE 2022 EDITION; TITLE 29 OF THE
LOS ANGELES COUNTY MECHANICAL CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA MECHANICAL CODE 2022 EDITION;
TITLE 30 OF THE LOS ANGELES COUNTY RESIDENTIAL CODE,
INCORPORATING BY REFERENCE THE CALIFORNIA RESIDENTIAL
CODE 2022 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY
EXISTING BUILDING CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA EXISTING BUILDING CODE 2022 EDITION; AND
ADOPTING LOCAL AMENDMENTS THERETO, AND MAKING FINDING
FOR SAME
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 820 and read by title only; and 2) Set the public hearing on Ordinance No. 820 for January 12, 2023.
6.4 Consideration of the Appointment of Two (2) Seats on the Industry Property and Housing Management Authority
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
PAGE NO. 7
RECOMMENDED ACTION: Discuss and make appointments to
the Industry Property and Housing Management Authority and/or provide additional direction to Staff.
7. PUBLIC HEARING
7.1 Consideration of an urgency ordinance, adopting by reference the Los Angeles County Building Codes
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT
TO GOVERNMENT CODE SECTION 50022.2, TITLE 26 OF THE LOS
ANGELES COUNTY BUILDING CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA BUILDING CODE 2022 EDITION;
TITLE 28 OF THE LOS ANGELES COUNTY PLUMBING CODE,
INCORPORATING BY REFERENCE THE CALIFORNIA PLUMBING
CODE 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY
ELECTRICAL CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA ELECTRICAL CODE 2022 EDITION; TITLE 29 OF THE
LOS ANGELES COUNTY MECHANICAL CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA MECHANICAL CODE 2022 EDITION;
TITLE 30 OF THE LOS ANGELES COUNTY RESIDENTIAL CODE,
INCORPORATING BY REFERENCE THE CALIFORNIA RESIDENTIAL
CODE 2022 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY
EXISTING BUILDING CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA EXISTING BUILDING CODE 2022 EDITION; ADOPTING
LOCAL AMENDMENTS THERETO, AND MAKING FINDINGS FOR
SAME, AND DECLARING THE URGENCY THEREOF
RECOMMENDED ACTION: 1) Open the public hearing; 2)
Take public testimony; 3) Close the public hearing; 4) Waive the reading and read Ordinance No. 821 U by title only; and (5) adopt Ordinance No. 821 U
8. CLOSED SESSION
8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 1560, 1576, 1580, 1590, 1600, 1620, and
1630 S. Azusa Ave., City of Industry, CA,
91744 also known as Assessor Parcel
Numbers 8254-004-040, 8254-004-041, 8254-
004-118, 8254-004-120, and 8254-004-121
Agency Negotiator: Joshua Nelson, City Manager
Negotiating Party: Newage PHM, LLC
Under Negotiation: Price and Terms of Payment
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
DECEMBER 12, 2022
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8.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section54956.9(d)(2): Four potential case
8.3 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case
8.4 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Mai v. County of Los Angeles, et al.
Superior Court of California, County of Los Angeles
Case No. 20STCV14705
8.5 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Rivera Martino, et al v. City of Industry, et al.
Superior Court of California, County of Los Angeles
Case No. 22STCV30742
8.6 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Rosa Olivares v. Industry Hills Expo Center, et al.
Los Angeles Superior Court Case No. 19STCV01071
9. CITY MANAGER REPORTS
10. AB 1234 REPORTS
11. CITY COUNCIL COMMUNICATIONS
12. Adjournment. The next regular City Council Meeting is Thursday, January 12, 2023, at 9:00 a.m.
CITY COUNCIL
ITEM NO. 5.13
CITY COUNCIL
ITEM NO. 5.14
CITY COUNCIL
DECEMBER 12, 2022
ITEM NO. 5.16
HAND-OUT ITEM
CITY COUNCIL
ITEM NO. 6.3
CITY COUNCIL
ITEM NO. 7.1