CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MARCH 9, 2023
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CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to det Mayor Dave Way, Colorat 9:05 a.m, in the Gily of industry Council Chamber.
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; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.
PUBLIC COMMENTS
Mr. Herman spoke for three minutes about his first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. He spoke about his opposition to government policies/leadership and provided documents for the record.
CONSENT CALENDAR
Council Member Ruggles asked for a Staff Report on Item Nos. 5.3, 5.5 and 5.6.
Mr. Herman spoke for three minutes in opposition of the Consent Calendar.
5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MARCH 9, 2023 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MARCH 9, 2023
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REGULAR MEETING
RECOMMENDED ACTION: Approve as submitted.
5.3 PRESENTATION OF THE FY 2022-23 MID-YEAR BUDGET REPORT, AND CONSIDERATION OF RESOLUTION NO. CC 2023-10, APPROVING AND ADOPTING THE CITY'S FY 2022-2023 PROPOSED MID-YEAR BUDGET AMENDMENTS AND THE FY 2022-23 PROPOSED MID-YEAR BUDGET AMENDMENTS FOR THE
CAPITAL IMPROVEMENT PROGRAM BUDGET
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-
10. Director of Finance, Yamini Pathak provided a staff report and was available to answer any questions.
5.4 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MUSEUM MANAGEMENT CONSULTANTS, FOR MUSEUM STRATEGY PLANNING SERVICES, EXTENDING THE TERM TO JUNE 30, 2023
RECOMMENDED ACTION: Approve Amendment No. 2.
5.5 CONSIDERATION OF AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MUNIENVIRONMENTAL, LLC, FOR
ENVIRONMENTAL AND RECYCLING CONSULTING SERVICES, EXTENDING THE TERM THROUGH APRIL 30, 2026, REVISING THE RATE SCHEDULE, AND INCREASING COMPENSATION BY $990,000.00
RECOMMENDED ACTION: Approve Amendment No. 3.
Assistant City Manager, Bing Hyun provided a staff report. Council Member Newell Ruggles asked if additional work was needed after the term of this amendment, woula we have to initiate a new agreement or could we do an additional extension? Bing Hyun said we could do an additional extension if needed.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MARCH 9, 2023
PAGE 3
5.6 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1488, 2021-2022 ANNUAL PAVEMENT REHABILITATION FY22, TO LCR EARTHWORK & ENGINEERING, CORPORATION, IN AN AMOUNT NOT TO EXCEED $1,284,015.00, AND ADOPT NOTICE OF EXEMPTION REGARDING SAME (MP 21-04) RECOMMENDED ACTION:
Earthwork & Engineering, Corporation in the amount of 51, 284,01 and adopt a Noice of Exemption for the project.
Director of Engineering James Gramsie, from CNC Engineering provided a staff report and was available to answer any questions.
Mr. Herman spoke for three minutes in opposition to the Consent Calendar.
VOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO APPROVE THE CONSENT CALENDAR. 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
ACTION ITEMS
6.1 DISCUSSION AND DIRECTION REGARDING AB2449
RECOMMENDED ACTION: Discuss and provide direction to
Staff.
City Manager Josh Nelson provided a slide presentation explaining a third alternative to teleconferencing that was approved in 2022 by the Governor. Since the State is no longer in a state of emergency, AB361 is no longer applicable. AB2449 began January 1, 2023, and sunsets December 31, 2025. City Manager Nelson explained the provisions under AB2449. Should a Council Member wish to participate remotely, with "just cause" or an "emergency situation", unlike the traditional requirement under the Brown Act to join remotely, the Council Member would not need to make their location known to the public. After an explanation, questions and answers were discussed, Mayor Moss said she was in favor of this quick fix especially since it cannot be abused, due to AB2449 MARCH 9, 2023
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and its limitations. The other Council Members agreed. City Manager Nelson said he would move forward with this and have something in place by the next meeting on March 23rd.
Mr. Herman spoke for three minutes in opposition to Item No. 6.1.
Direction was given, no vote was necessary.
CLOSED SESSION
City Clerk Robles-Gutierrez announced there was a need for Closed Session as follows:
7.1 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY TREASURER
7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: Assessor Parcel Numbers 8262-015-901, 8262-012-274 and 8262-012-275
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLC
Under Negotiation: Price and terms of payment
7.3 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. San Gabriel Valley Water & Power, et al., and related cross actions
Superior Court of California, County of Los Angeles
Case No. 19STCV10150
Mr. Herman spoke for three minutes in opposition to Closed Sessions.
Mayor Moss recessed the meeting into Closed Session at 9:38 a.m.
Mayor Moss reconvened the meeting at 11:00 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MARCH 9, 2023
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City Attorney Casso reported out of Closed Session. All members of the Council were present.
With regard to Closed Session Item No. 8.1, this item to be held over until the next meeting.
With regard to Closed Session Item No. 8.2, direction was given to the Agency Negotiators, no final action taken.
With regard to Closed Session Item No. 8.3, direction was given to the City Attorney's office, no final action taken. Nothing further to report at this time.
CITY MANAGER REPORTS
There were none.
AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 11:01 a.m.
Coloras
CORY C. MOSS
MAYOR
Cuis see
JULIE GUTIERREZ-ROBLES
CITY CLERK