CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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
Lisa Price with Priceless Pets came to say thank you and provide an update to the Council on the facility and its many accomplishments. Mayor Moss presented Lisa Price with a plaque and pictures with the Council Members were taken.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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CONSENT CALENDAR
Council Member Radecki recused himself from voting on check number 82181 for Item 2 (Register of Demands) due to a potential or actual financial conflict of interest due to he is employed by Square Root Golf and Landscape.
Council Member Ruggles asked for a staff report on Item Nos. 6.6 and 6.8.
Mayor Moss asked for a staff report on Item Nos. 6.3, 6.5, 6.7.
CONSIDERATION OF THE REGISTER OF DEMANDS FOR DECEMBER 28, RECOMMENDED ACTION: Ratify the Register of Demands
for December 28, 2023.
CONSIDERATION OF THE REGISTER OF DEMANDS FOR JANUARY 11, Demands and authoriz the appropriate City Officials to pay the bils. RECOMMENDED ACTION: Register of Executive Director Josh Nelson mentioned a handout was delivered for the Register of Demands this month, due to the holidays.
6.3 CONSIDERATION OF AMENDMENT NO. 4 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. 4.
Management Analyst II, Yvette Padilla, provided a staff report and was available to answer any questions.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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6.4 CONSIDERATION OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT WITH LUCAS BUILDERS, INC.., FOR ACCESS TO ASSESSOR'S PARCEL NO. 8208- 027-918 LOCATED AT THE NORTHWEST CORNER OF DON JULIAN ROAD AND
PARRIOTT PLACE, FOR TEMPORARY STAGING OF CONSTRUCTION MATERIALS
AND EQUIPMENT
RECOMMENDED ACTION: Approve Amendment No. 1.
6.5 REJECT THE BID PROTEST, CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1442, NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE
AVENUE AND SUNSET AVENUE, TO ALFARO COMMUNICATIONS
CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $5,809,735.81, AND
ADOPT NOTICE OF EXEMPTIONS REGARDING SAME
RECOMMENDED ACTION: Reject the Bid Protest regarding
license status during the bidding process and accept the current license status; and award the Contract to Alfaro Communications Construction, Inc. in the amount of $5,809, 735.81, and adopt a Notice of Exemption for the project.
Director of Engineering James Cramsie, from CNC Engineering provided a staff report and City Manager, Josh Nelson, explained the history of this project that has been around for almost 20 years. Council Member Ruggles asked about our familiarity with Alfaro Communications Construction, Inc. and what was the original estimate? Josh Nelson said the estimate was 5.4 million and Alfaro was the lowest bidder at 5.8 million and they have a good reputation. Both were available to answer any questions.
6.6 CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. TO
PROVIDE AN INTELLIGENT TRANSPORTATION SYSTEMS MASTER PLAN, EXTENDING THE TERM THROUGH DECEMBER 31, 2025, AND INCREASING COMPENSATION BY $44,710.00
RECOMMENDED ACTION: Approve the Amendment.
Engineering Manager, Mat Hudson, provided a staff report and City Manager Josh Nelson, provided additional information. The term of the Agreement expired on December 31, 2023, and to allow the Consultant to continue the improvements, it is necessary to extend the term through December 30, 2025, with an increase in the compensation of $44,710.00. Council Member Ruggles asked how quickly they would respond to an emergency such as flashing lights, relationships with the County and how
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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much control would the city have. Conversation ensured and each question was sufficiently answered and in addition, there is a hotline number of 626-458-HELP, which is available for the public. Crews are ready to respond, and the City would be more of an observe and monitor (read only) authority. The County has a Traffic Management Center within their Public Works Department and are very familiar with the process.
6.7 CONSIDERATION OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH IDS GROUP, INC. FOR ENGINEERING DESIGN SERVICES AT THE METROLINK STATION, EXTENDING THE TERM THROUGH JUNE 30, 2025, AND INCREASING COMPENSATION BY $15,000.00 (MP 06-18 #11) RECOMMENDED ACTION: Approve the Amendment.
Operations Manager, Dev Birla from CNC Engineering, provided a staff report and was available to answer any questions.
6.8 CONSIDERATION OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GREGG MAEDO + ASSOCIATES, INC., FOR
ARCHITECTURAL SERVICES AT EL ENCANTO HEALTHCARE AND
HABILITATION CENTER, EXTENDING THE TERM THROUGH AUGUST 1, 2024,
REVISING THE SCOPE OF SERVICES, AND INCREASING COMPENSATION BY $3,450.00
RECOMMENDED ACTION: Approve the Amendment.
Director of Engineering James Cramsie, from CNC Engineering, provided a staff report and was available to answer any questions.
There were no public comments.
MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY COUNCIL MEMBER
RADECKI THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 82181 ON ITEM 2 (REGISTER OF DEMANDS). MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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ACTION ITEMS - NONE
PUBLIC HEARING
8.1 INTRODUCTION AND CONSIDERATION OF ORDINANCE NO. 826 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE TO AMEND CHAPTER 17.08 (DEFINITIONS) AND ADD CHAPTER 17.58 (FAIR
HOUSING REASONABLE ACCOMMODATIONS), AND ADOPTING A NOTICE OF
EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 826 and read by title only; 2) Introduce Ordinance No. 826, an Ordinance of the City Council of the City of Industry, amending Title 17 (Zoning) of the City of Industry Municipal Code, to amend Chapter 17.08 (Definitions) and add Chapter 17.58 (Fair Housing Reasonable Accommodations), adopting a Notice of Exemption, and making findings in support thereof.
Mayor Moss opened the public hearing at 9:31 a.m.
Development Services Manager, Kathy Tai provided a staff report and was available to answer any questions.
Mayor Moss inquired if anyone wanted to be heard in opposition or in favor of the project.
There were none.
Mayor Moss closed the public hearing at 9:34 a.m.
City Clerk, Julie Gutierrez-Robles, read the title of the Ordinance.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO WAIVE THE READING OF ORDINANCE NO. 826 AND READ BY TITLE ONLY. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO INTRODUCE ORDINANCE NO. 826, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE, TO AMEND CHAPTER 17.08 (DEFINITIONS) AND ADD CHAPTER 17.58 (FAIR HOUSING REASONABLE ACCOMMODATIONS),
ADOPTING A NOTICE OF EXEMPTION, AND MAKING FINDINGS IN SUPPORT THEREOF. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
8.2 CONSIDERATION OF AN INITIAL STUDY/NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT GPA NO. 22-01, AND ZONING AMENDMENT NO.
ZA NO. 22-01, TO CHANGE THE GENERAL PLAN LAND USE MAP AND ZONING
DESIGNATION OF SIXTEEN PARCELS WITHIN THE CITY
RECOMMENDED ACTION: 1) Open the public hearing and
take public testimony 2)Adopt Resolution No. CC 2024-02 adopting the IS/ND; and 3)Adopt Resolution No. CC 2024-03 approving General Plan Amendment No, 22-01 for the sixteen affected properties; and 4)Waive the reading of Ordinance No.827; and 5) Introduce Ordinance No. 827, An Ordinance An Ordinance of the City Council of the City of Industry, California, amending Section 17.28.060 (Map-Adopted) of Chapter 17.28 (Zoned Districts) of Title 17 (Zoning) of the City of Industry Municipal Code to change the existing Zoning Designation of Assessor's Parcel Numbers 8760-002-030, 8565-024- 009, 8565-024-010, 8125-018-913, 8125-018-914, 8565-024-902, 8565-024-905. 8208- 025-030, 8208-025-031, 8208-024-028, 8112-007-053, 8112-007-080, 8112-007-081, 8245-001-917, 8245-001-918 and 8245-001-003, City of Industry, California.
Mayor Moss opened the public hearing at 9:36 a.m.
Contract Associate Planner, Dina Lomeli provided a staff report and was available to answer any questions.
Council Member Ruggles recused himself from participating in Item No. 8.2, due to a potential conflict of interest, in that a family member owns property 7, 8, and 9, listed on the resolution. He left the Council Chambers at 9:42 a.m. and did not participate in any discussion.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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Mayor Moss inquired if anyone wanted to be heard in opposition or in favor of the project.
There were none.
Mayor Moss closed the public hearing at 9:41 a.m.
City Clerk, Julie Gutierrez-Robles, read the title of the Ordinance.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2024-02 ADOPTING THE IS/ND AP.
MOTION CARRIED 3-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: RUGGLES
MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY MAYOR MOSS TO ADOPT RESOLUTION NO. CC 2024-03 APPROVING GENERAL PLAN AMENDMENT NO, 22-01 FOR THE SIXTEEN AFFECTED PROPERTIES. MOTION CARRIED 3-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: RUGGLES
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO WAIVE THE READING OF ORDINANCE NO. 827. MOTION CARRIED 3-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: RUGGLES
MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO INTRODUCE ORDINANCE NO. 827, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING SECTION 17.28.060 (MAP- ADOPTED) OF CHAPTER 17.28 (ZONED DISTRICTS) OF TITLE 17 (ZONING) OF
THE CITY OF INDUSTRY MUNICIPAL CODE TO CHANGE THE EXISTING ZONING
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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DESIGNATION OF ASSESSOR'S PARCEL NUMBERS 8760-002-030, 8565-024-009, 8565-024-010, 8125-018-913, 8125-018-914, 8565-024-902, 8565-024-905. 8208-025- 030, 8208-025-031, 8208-024-028, 8112-007-053, 8112-007-080, 8112-007-081, 8245- 001-917, 8245-001-918 AND 8245-001-003, CITY OF INDUSTRY, CALIFORNIA MOTION CARRIED 3-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: RUGGLES
Council Member Ruggles returned at 9:47 a.m.
CONSIDERATION OF ORDINANCE 828, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, ADDING SECTION 17.04.130 (EXEMPTIONS FOR CITY PROJECTS) TO CHAPTER 17.04 (GENERAL PROVISIONS) OF TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE TO EXEMPT CITY
PROJECTS FROM THE REQUIREMENTS OF THE CITY'S ZONING CODE, AND
MAKING FINDINGS IN SUPPORT THEREOF
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No.828; and 2) Introduce Ordinance No. 828 an ordinance of the City Council of the City of Industry, California, amending Title 17 (Zoning) of the City of Industry Municipal Code, to add Section 17.04.130 (Exemptions for City Projects) to Chapter
17.04 (General Provisions) of Title 17 (Zoning) of the City of Industry Municipal Code to exempt City projects from the requirements of the City's Zoning Code, and making findings in support thereof
Mayor Moss opened the public hearing at 9:47 a.m.
Assistant City Attorney, Bianca Sparks provided a staff report and explained how the ordinance would exempt the city projects from the City's Zoning Code allowing for the expedient processing of city projects. Many cities throughout California exempt their own city projects from their city zoning code and is a common practice used under state law. She was available to answer any questions.
Mayor Moss inquired if anyone wanted to be heard in opposition or in favor of the project.
There were none.
Mayor Moss closed the public hearing at 9:49 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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City Clerk, Julie Gutierrez-Robles, read the title of the Ordinance.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO WAIVE THE READING OF ORDINANCE NO. 828. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, MIMOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER GREUBEL TO INTRODUCE ORDINANCE NO. 828 AN ORDINANCE OF THE CITY OF INDUSTRIO COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE, TO ADD SECTION
17.04.130 (EXEMPTIONS FOR CITY PROJECTS) TO CHAPTER 17.04 (GENERAL PROVISIONS) OF TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL
CODE TO EXEMPT CITY PROJECTS FROM THE REQUIREMENTS OF THE CITY'S ZONING CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE
CITY MANAGER REPORTS
There were none.
AB 1234 REPORTS
Council Member Michael Greubel mentioned that he and Assistant City Manager, Sam Pedroza went to the California Contract Cities Association, Sacramento Legislative Tour, this past weekend and had a very interesting time. They attended presentations and multiple seminars that were very informative.
CITY COUNCIL COMMUNICATIONS
There were none.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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PUBLIC COMMENTS
There were none.
CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:
There were no public comments.
9.1 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
9.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
9.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
9.4 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-
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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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
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
9.5 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
Mayor Moss, recessed the meeting into Closed Session at 9:52 a.m.
Mayor Moss reconvened the meeting at 12:17 p.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 Nos. 9.1, 9.4, and 9.5, direction was given to the Agency Negotiators, no final action taken.
With regard to Closed Session Item No. 9.2 and 9.3, direction was given to the City Attorney's office, no final action taken.
Nothing further to report at this time, on any of these items.
ADJOURNMENT
There being no further business, the City Council adjourned at 12:18 p.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 11, 2024
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Cal Moss
CORY C. MOSS
MAYOR