CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
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.
FLAG SALUTE
The flag salute was led by Mayor Moss.
AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
ABSENT: Cathy Marcucci, Mayor Pro Tem
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.
Mayor Moss stated if there are no objections, that we excuse Mayor Pro Tem Cathy Marcucci from today's meeting. There were no objections.
PRESENTATIONS
Mayor Moss announced there was a special presentation and handed it over to City Manager Josh Nelson who announced November 10, 2023, as International Accounting Day. The entire Finance Department is here today to be recognized and given a Proclamation. Congratulations on your hard work!
Mayor Moss announced a brief recess at 9:03 a.m. to take photos.
Mayor Moss reconvened the meeting at 9:06 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
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CONSENT CALENDAR
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.4, 6.5, 6.7, and 6.8.
Mayor Moss asked for a staff report on Item No. 6.6.
6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR NOVEMBER 09, RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2 CONSIDERATION OF THE MINUTES OF THE MARCH 23, 2023 REGULAR MEETING, JUNE 8, 2023 REGULAR MEETING, JUNE 22, 2023 REGULAR MEETING, JUNE 30, 2023 SPECIAL MEETING, JULY 13, 2023 REGULAR MEETING, JULY 27, 2023 REGULAR MEETING, AND THE SEPTEMBER 6, 2023 SPECIAL MEETING.
RECOMMENDED ACTION: Approve as submitted.
6.3 CONSIDERATION OF AN ORDER FORM WITH PLACER.AI, FOR LOCATION ANALYTICS AND RESEARCH DATA, IN AN AMOUNT NOT TO EXCEED $18,000.00, THROUGH NOVEMBER 9, 2024
RECOMMENDED ACTION: Approve the Order Form.
City Manager, Josh Nelson, provided a staff report regarding an order form with Placer.A1 for location analytics and research data and was available to answer any questions.
6.4 CONSIDERATION OF CHANGE ORDER NO. 5, CLOSEOUT CHANGE ORDER NO. 6 AND NOTICE OF COMPLETION, FOR CONTRACT NO. CITY-1480, STIMSON
AVENUE GRADE CROSSING IMPROVEMENTS
RECOMMENDED ACTION: Approve Change Order Nos. 5
and 6 and Authorize the Engineering Manager to execute the Notice of Completion.
Chris Lum, Construction Manager, at CNC Engineering provided a staff report and reported on each change order. Council Member Ruggles thanked CNC Engineering and mentioned that a business owner brought to his attention that they had missed
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
PAGE 3
receiving the notice, but CNC Engineering did an excellent job of communicating with them during the process.
6.5 CONSIDERATION OF AMENDMENT NO. 3 TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR ARBORISTS SERVICES, EXTENDING THE TERM THROUGH NOVEMBER 9, 2024, REVISING THE RATE SCHEDULE AND INCREASING COMPENSATION BY $1,000,000.00 RECOMMENDED ACTION: Approve the Amendment.
Director of Operations, Sean Calvillo, from CNC Engineering, provided a staff report and was available to answer any questions.
Was avalane to use any este ayer us prove and looki ne
6.6 CONSIDERATION OF A SETTLEMENT AGREEMENT AND RELEASE IN XIAOLING MAI V. COUNTY OF LOS ANGELES, ET AL. (LOS ANGELES SUPERIOR COURT CASE NO. 20STCV14705)
RECOMMENDED ACTION: Approve the Settlement
Agreement and Release
City Attorney James M. Casso gave a staff report regarding the Settlement Agreement and provided backup regarding this case. This was an accident that occurred back in May 2019, at the intersection of Plaza Drive and Gale Avenue where Xiaoling Mai suffered various injuries. We settled this matter earlier this far bet there ted for her steps that still needed to take place,
assist in making decisions regarding legal counsel and to include getting from court, an order with a good faith settlement determination. This has occurred and puts to rest this matter. The City is to pay her attorney's fee of $250,000.00.
6.7 CONSIDERATION OF ASSIGNMENT AND ASSUMPTION OF INTERESTS OF CONTRACT NO. CITY -1476 FOR SOLAR PANELS PROJECT AT CITY HALL WITH
SKYBRIDGE RENEWABLES CORPORATION TO SKYBRIDGE RENEWABLES, LLC (CIP-CC-18-019-B)
RECOMMENDED ACTION: Approve the Assignment.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
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City Manager, Josh Nelson provided a staff report regarding the consideration of Assignment and Assumption of Interest of Contract No. CITY-1476 for the Solar Panels Project at City Hall and was available to answer any questions.
6.8 CONSIDERATION OF AMENDMENT NO. 4 TO THE MAINTENANCE
SERVICES AGREEMENT WITH THE SAN GABRIEL VALLEY CONSERVATION CORPS., EXTENDING THE TERM THROUGH JUNE 30, 2027, REVISING THE RATE SCHEDULE, INCREASING COMPENSATION BY $440,000.00, AND UPDATING THE
ADDRESS FOR THE CITY
RECOMMENDED ACTION: Approve the Amendment.
Director of Operations, Sean Calvillo, from CNC Engineering provided a staff report regarding the amendment to the Maintenance Services Agreement with the San Gabriel Valley Conservation Corps. and was available to answer any questions.
Mike Greenspan and Armando Herman each spoke for one minute in opposition to the Consent Calendar.
MOTION BY COUNCIL MEMBER RADECKI,
THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
ACTION ITEMS - NONE
PUBLIC HEARING - NONE
CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
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9.1 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
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa One LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment
Mike Greenspan and Armando Herman each spoke for one minute in opposition to Closed Session.
Mayor Moss, recessed the meeting into Closed Session at 9:28 a.m.
Mayor Moss reconvened the meeting at 10:50 a.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present except for Mayor Pro Tem Marcucci.
With regard to Closed Session Item No. 9.1 and 9.2, direction was given to the Agency Negotiators, no final action taken. Nothing further to report.
CITY MANAGER REPORTS
City Manager Josh Nelson wished everyone a Happy Veterans Day and Thanksgiving!
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
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AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke for one minute 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.
ADJOURNMENT
There being no further business, the City Council adjourned at 10:54 a.m.
JULYE GUTIERREZ-ROBLES
CITY CLERK