CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MARCH 14, 2024
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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; 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.
Mayor Moss welcomed a special guest Ed Chavez from the Upper District Water Board, who was in the audience.
PRESENTATIONS - City Council Milestone Recognition
City Manager Josh Nelson announced that in the past few years we have been distributing pins to City Staff, acknowledging their years of service. We have decided to extend the same recognition to the Council Members. Josh Nelson distributed one pin to Michael Greubel and another to Newell Ruggles for over 5 years of service plus a pin to Mark Radecki for 15 years of service. Also, there is one pin for Mayor Pro Tem Marcucci who
CITY COUNCIL REGULAR MEETING MINUTES
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MARCH 14, 2024
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is not here today, but we will recognize her at the next meeting. Pictures were then taken, and Josh Nelson thanked them for their service.
Mayor Moss made a second presentation in honoring and presenting a proclamation to James Bickel for his 32 years of dedicated service with the Los Angeles County Sheriff's Department and who has recently retired. She spoke of how she was honored to have worked with him for many years and we have all benefited from his work at the YAL. He is a stand-up individual, cares deeply about the kids, and grateful to call him a friend.
Council Member Ruggles thanked James Bickel for all his years of running programs at the YAL for the kids, such as the scuba diving program, BMX program, and for helping to change the lives for multiple generations of people to come.
Council Member Radecki thanked James Bickel for everything and especially with his support at Camp Courage in Tonner Canyon and in his opinion "You will not find a better man"
Council Member Greubel thanked James Bickel for being a stand up individual and hopes to see more of him in the future.
A proclamation was given to Mr. Bickel and pictures were taken along with the Council Members.
CONSENT CALENDAR
Council Member Radecki recused himself from voting on check number 82551 for Item 1 (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. 6.3, 6.4, and 6.5.
6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MARCH 14, 2024 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 JUNE 13, 2023 SPECIAL MEETING, JUNE 22, 2023 REGULAR MEETING, OCTOBER 12, 2023 REGULAR MEETING, OCTOBER 26, 2023 REGULAR MEETING, NOVEMBER 9, 2023 REGULAR MEETING, AND THE FEBRUARY 8, 2024 SPECIAL MEETING
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RECOMMENDED ACTION: Approve as submitted.
6.3 CONSIDERATION OF THE ACCEPTANCE OF A NON-EXCLUSIVE
ROADWAY EASEMENT AT 15421 EAST GALE AVENUE, CITY OF INDUSTRY RECOMMENDED ACTION: Accept the Non-Exclusive
Roadway Easement and authorize the Mayor to execute the Grant Deed.
City Manager Josh Nelson provided a staff report and explained that the owner of the land to be acquired is the United States Postal Service. Traditionally, San Gabriel Valley Council of Governments (SGVCOG), obtains all easements, and at the close out of the project they then transfer ownerships. In this instance, USPS feels more comfortable granting the easement directly to the City. Staff recommends the City Council accepts the Non-Exclusive Roadway Easement and authorizes the mayor to sign the Grant Deed.
6.4 PRESENTATION OF THE FY 2023-2024 MID-YEAR BUDGET REPORT, AND CONSIDERATION OF RESOLUTION NO. CC 2024-07, ADOPTING THE CITY'S FISCAL YEAR 2023-2024 PROPOSED MID-YEAR BUDGET AMENDMENTS AND FY 2023-2024 PROPOSED MID-YEAR BUDGET AMENDMENTS FOR THE CAPITAL
IMPROVEMENT PROGRAM BUDGET
RECOMMENDED ACTION: Receive and file the FY
24 Mid-Year Budget Report, and adopt Resolution No. CC 2024-07, approving the Proposed FY 24 Mid-Year Budget Amendments.
Director of Finance, Yamini Pathak, provided a staff report on the FY 2023-2024 mid- year budget and was available to answer any questions.
6.5 CONSIDERATION OF AMENDMENT NO. 3 TO THE FUNDING AGREEMENT
WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE SR 57/60 CONFLUENCE, GRAND AVENUE AT GOLDEN SPRINGS DRIVE RECOMMENDED ACTION: Approve the Amendment.
Director of Operations, Sean Calvillo, from CNC Engineering provided a staff report and explained that the third amendment was necessary to extend the lapsing date of all project funds to February 29, 2024, from February 28, 2023, to allow for the funding from Metro to continue up to that date. There is no additional fiscal impact associated with Amendment No. 3 and is recommended that the City Council approve.
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MARCH 14, 2024
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Council Member Ruggles asked what our total contribution to the Golden Springs Drive was and if it was almost ready to open. Sean Calvillo responded that all the widening is pretty much complete, and we are working on punch list items now. City Manager Josh Nelson added that our work is mostly done, and the golf course is getting very close to opening, although it may not look done because the main freeway project is still continuing. Prop C contributed about 40% and we, the Successor Agency, contributed 60%. For just the Golden Springs drive project, The Successor Agency contributed about 18 million. It you include the on and off ramps, the contribution was about 30 to 40 million.
6.6 CONSIDERATION OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT WITH THE CITY OF LA PUENTE, FOR ACCESS TO ASSESSORS PARCEL NO. 8208-025-943, FOR A COMMUNITY EVENT
RECOMMENDED ACTION: Approve Amendment No.
1. There were no public comments.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER
RUGGLES THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 82551 ON ITEM 1 (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
ACTION ITEMS
CONSIDERATION OF APPOINTMENT FOR ONE (1) VACANT SEAT ON THE
INDUSTRY PROPERTY AND HOUSING MANAGEMENT AUTHORITY
RECOMMENDED ACTION: Discuss and make
appointment to the Industry Property and Housing Management Authority and/or provide additional direction to Staff.
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MARCH 14, 2024
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City Manager Josh Nelson provided a staff report and said that we received one application, from James Bickel, for the appointment to the vacant seat on the IPHMA Board. Last year we approved various resolutions to re-establish the terms and when they will expire, to have them fall in line with the fiscal year. This term will expire in July 2027.
Mayor Moss said it would be an honor to continue working with Mr. Bickel.
There were no public comments.
MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO
APPOINT JAMES BICKEL TO THE INDUSTRY PROPERTY AND HOUSING MANAGEMENT AUTHORITY BOARD. 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
7.2 CONSIDERATION OF AN AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION, IN CONJUNCTION WITH
THE COUNTY OF LOS ANGELES FIRE DEPARTMENT FOR THE TONNER CANYON
SOUTH VEGETATION MANAGEMENT PROGRAM
RECOMMENDED ACTION: Provide direction to Staff.
City Manager Josh Nelson provided a detailed staff report and explained one provision regarding the parties not being able to come to an agreement on the indemnity requirements.
The City of Industry owns this property and we have received help from the Fire Department to complete the earlier stage of weed abatement. This next phase was to go forward with a controlled burn. The concern is fire risk and/or legal fees should there be a catastrophic incident.
Discussion ensured and the topic of future grant money was discussed. Staff maintains that the City Council go forward with a controlled burn and approve the agreement with the California Department of Forestry and Fire Protection in conjunction with the County
CITY COUNCIL REGULAR MEETING MINUTES
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MARCH 14, 2024
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of Los Angeles Fire Department for the Tonner Canyon South Vegetation management program.
There were no public comments.
MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY MAYOR MOSS TO APPROVE THE AGREEMENT. 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
PUBLIC HEARINGS
8.1 INTRODUCTION AND CONSIDERATION OF ZONING CODE AMENDMENT NO. 24-01, AN ORDINANCE AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE TO AMEND CHAPTER 17.08 (DEFINITIONS) AND ADD CHAPTER 17.80 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS), AND ADOPTING A NOTICE OF EXEMPTION REGARDING
SAME, AND MAKING FINDINGS IN SUPPORT THEREOF
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 829, and read by title only; 2) Introduce Ordinance No. 829, 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 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), adopting a Notice of Exemption, and making findings in support thereof
Assistant City Manager Bing Hyun stated that before he hands this item to Kathy Tai for a staff report he wanted first to clarify to the Council and audience that this is only in relation to adopting changes to our Municipal Code, which is a requirement for every city under California State Law. This has no relation to opening a homeless shelter or any other type of project or development.
Development Services Manager, Kathy Tai provided a staff report explaining the amendment to our Ordinance pertaining to encouraging the development of accessory dwelling units and junior accessory dwelling units as a method to increase the states supply of affordable housing. She was then available to answer any questions.
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Mayor Moss opened the public hearing at 9:41 a.m.
Multiple people in the audience spoke on agenda Item No. 8.1 and were given one minute each to speak. The concern from each person was that this change to the ordinance would open the door for the Council to build a homeless shelter in the future within or around their communities.
1. Salvador Sanchez spoke in opposition to the change to Ordinance No. 829 due to the concern of a homeless shelter being built within and around the City of Industry. He stated that the homeless should not be around tiny communities, local schools, and the entire community agrees.
2. Shelley Gentry spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry.
We have a right to be part of the solution.
3. Ana Hernandez spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry.
Asked the Council to reconsider a different space.
4. Nathm Lim spoke in opposition to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry. Who decides where the location will be? Where is Walnut and Diamond Bar on this?
5. Jesse from the city of Walnut spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry.
6. Ellen spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry. We should have a park or a playground.
7. Marie spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry. This area is in front of our home.
8. Christen Cabera spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry.
Concerned of the danger of drugs around our community and children.
9. Shady spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry. Would like more transparency with the City's communication. We received only a little piece of paper on a zip tie and would like the City to make this more assessable to us.
10. Unknown female spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry and asked, "who's decision was this?"
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11. Rudy Penalosa spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry and stated, this is a public space, not for housing.
12. Shelly Gentry spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry.
We need to start a grassroots campaign and take back our community.
13. Teresa spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry and asked that the City consider another location, not for the homeless.
14. Judy spoke in opposition to the change to Ordinance No. 829 due to concern of a homeless shelter being built within and around the City of Industry and mentioned the article in the San Jose paper
Mayor Moss closed the public hearing at 10:13 a.m.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBELTO WAIVE THE READING OF ORDINANCE NO. 829 AND READ BY TITLE ONLY. 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 GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO INTRODUCE ORDINANCE NO. 829, 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 17.80 (ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS), 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
CITY COUNCIL REGULAR MEETING MINUTES
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8.2 Introduction and Consideration of Zoning Code Amendment No. 24-02, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions), Chapter 17.18 (Institutional Zone), Chapter 17.22 (Housing Overlay Zone), and Chapter 17.26 (Recreation and Open Space Zone), to Implement the City's 2021-2029 Housing Element, and Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof- CANCELLED THIS ITEM WAS PULLED FROM THE AGENDA.
Assistant City Manager Bing Hyun spoke on this item and said they would need more time to tighten up some of definitions to make sure it is precisely consistent with what is in the Housing Development Plan. It will be brought back to the Planning Commission at a special meeting on March 26, 2024. The public is welcome to attend. This item as well is regarding regulations only and again it is not project specific.
Mayor Moss thanked everyone for being here today and speaking about your concerns. "We do hear you."
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 LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
9.2 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: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLC
Under Negotiation: Price and terms of payment
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MARCH 14, 2024
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9.3 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Coraline Rivera Martino, et al. v. City of Industry, et al.
Los Angeles County Superior Court Case No. 22STCV30742
9.4 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Jose Cisneros v. City of Industry, et al.
Los Angeles County Superior Court Case No. 22STCV04118
9.5 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 ot) 8262-015-905, 8263-008-270,
8263- 008-271, 8263-008-904 and 8263-027-
270
Agency Negotiators: Joshua 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
Mayor Moss, recessed the meeting into Closed Session at 10:17 a.m.
Mayor Moss reconvened the meeting at 12:22 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present except for Mayor Pro Tem Marcucci.
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City Attorney Casso said for the record that Council Member Michael Grebel did participate in all Closed Session discussions but had to leave before we reconvened into open session.
With regard to Closed Session Item No. 9.1, 9.3, and 9.4 direction was given to the City Attorney's office, no final action taken.
With regard to Closed Session Item Nos. 9.2, and 9.5, direction was given to the Agency Negotiators, 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.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 12:24 p.m. land: NOs
CORY C. MOSS
MAYOR
paisle