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CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 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 9:01 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
Steve Marcucci, 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; and Julie Gutierrez-Robles, City Clerk.
SELECTION OF MAYOR PRO TEM
Mayor Moss described the responsibilities of Mayor Pro Tem and indicated that no second motion would be necessary. If there are no objections, Mayor Moss motioned Michael Greubel be appointed as Mayor Pro Tem.
MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, MARCUCCI,
RADECKI, RUGGLES, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
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PRESENTATIONS
City Manager Josh Nelson announced that May 19th through May 25th, has been proclaimed as National Public Works Week. He then introduced Engineering Manager Mat Hudson who provided recognition and proclamations to six members of Square Root Golf and Landscape. Bert Spivey, Armando Jimenez, Javier Perales, Antonio Aceves, Jose Flores, and Kent Davidson each were given proclamations and pictures were taken.
CONSENT CALENDAR
Mayor Moss and Council Member Ruggles asked for staff reports on Item Nos. 7.4 through 7.17.
Council Member Radecki recused himself from voting on check number 82894 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.
7.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MAY 9, 2024 RECOMMENDED ACTION: Ratify the Register of
Demands for May 9, 2024.
7.2 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MAY 23, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
7.3 CONSIDERATION OF THE MINUTES OF THE APRIL 13, 2023 REGULAR MEETING, JANUARY 25, 2024 REGULAR MEETING, FEBRUARY 22, 2024 SPECIAL MEETING, FEBRUARY 22, 2024 REGULAR MEETING, MARCH 14, 2024 JOINT SPECIAL MEETING, AND APRIL 13, 2024 SPECIAL MEETING
RECOMMENDED ACTION: Approve as submitted.
7.4 CONSIDERATION OF RESOLUTION NO. CC 2024-12 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A
DONATION TO PACIFIC CREST YOUTH ARTS ORGANIZATION, IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00), FOR THE CORPS AT THE CREST EVENT
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 3
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-12.
Assistant City Manager, Sam Pedroza provided a staff report on the request for a donation to Pacific Crest, a non-profit organization that provides education and competitive performing art programs, that reaches 4,200 students ear year. Sam Pedroza was available to answer any questions.
7.5 CONSIDERATION OF RESOLUTION NO. CC 2024-15 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A DONATION TO MEGAN'S WINGS INC., IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS PATIENT AID AND GAS ASSISTANCE
PROGRAMS
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-15.
Assistant City Manager, Sam Pedroza provided a staff report on the request for a donation to Megan's Wings Inc., a non-profit organization that provides financial aid and emotional support programs to families with children facing pediatric cancer and who are experiencing financial hardship due to child illness. This year's donation will be for Patient Aid and Gas Assistance Programs. Sam Pedroza was available to answer any questions.
7.6 CONSIDERATION OF RESOLUTION NO. CC 2024-16 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A
DONATION TO THE CITY OF LA PUENTE, IN THE AMOUNT OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), FOR THE BRUNCH BY THE BRIDGE EVENT RECOMMENDED ACTION: Adopt Resolution No. CC
2024-16.
Assistant City Manager, Sam Pedroza provided a staff report on the request for a donation in partnering with the city of La Puente to support the SGV LGLBTQ Center and its efforts to provide resources to promote safety and inclusion in the San Gabriel Valley. Sam Pedroza was available to answer any questions.
7.7 CONSIDERATION OF RESOLUTION NO. CC 2024-18 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, RESCINDING
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
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RESOLUTION NO. CC 2023-43 AND AMENDING THE CURRENT SALARY RANGE SCHEDULES FOR FISCAL YEAR 2023-24 AS ADOPTED ON JULY 13, 2023, DUE TO NEW EXECUTIVE ASSISTANT TO THE CITY MANAGER POSITION.
RECOMMENDED ACTION: Adopt Resolution
No. CC 2024-18, amending the City of Industry's FY 2023-24 Salary Schedule, as adopted.
City Manager Josh Nelson provided a staff report regarding the amending of the current Salary Range Schedules for Fiscal Year 2023-24 and was available to answer any questions.
7.8 CONSIDERATION OF RESOLUTION NO. CC 2024-19 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, RESCINDING RESOLUTION NO. CC 2024-18 AND ADOPTING SALARY RANGE SCHEDULES
FOR CITY EMPLOYEES AND CITY ELECTED AND APPOINTED OFFICIALS FOR FISCAL YEAR 2024-2025
RECOMMENDED ACTION: Adopt Resolution No. CC 2024-
19, adopting the City of Industry's FY 2024-25 Salary Schedule, in line with the FY 25 Adopted Budget.
Finance Director Yamani Pathak provided a staff report regarding the COLA increase and said it was consistent with the published consumer price index-urban ("CPI-U") year- over-year increase of four percent, for the Los Angeles-Long Beach-Anaheim regions.
Yamani Pathak was available to answer any questions.
7.9 CONSIDERATION OF RESOLUTION NO. CC 2024-20 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING AND ADOPTING THE CITY'S FISCAL YEAR 2024-2025 OPERATING BUDGET AND FISCAL YEAR 2024-2025 CAPITAL IMPROVEMENT PROGRAM BUDGET RECOMMENDED ACTION: Adopt Resolution No. CC
2024-20, adopting the Operating Budget and Proposed CIP Budget for the City of Industry for Fiscal Year 2024-2025.
Director of Finance Yamani Pathak provided an overview regarding the Operating Budget and Fiscal Year 2024-2025 Capital Improvement Program Budget. Mayor Moss thanked Finance Director Pathak for her through presentation.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 5
7.10 CONSIDERATION OF RESOLUTION NO CC 2024-21 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AUTHORIZING
THE CREATION OF A CITY OPERATING RESERVE FUND, SPECIAL REVENUE
OPERATING RESERVE, ENTERPRISE FUND OPERATING RESERVE, AND A CITY
CAPITAL IMPROVEMENT RESERVE FUND, AND AUTHORIZING CERTAIN
APPROPRIATIONS TO THE VARIOUS FUNDS
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-21, reserving and appropriating funds for the City for FY 2024-25.
Director of Finance, Yamini Pathak provided a staff report regarding the creation of Operating Reserve Funds and explained certain appropriations to various funds and was available to answer any, questions.
7.11 CONSIDERATION OF RESOLUTION NO. CC 2024-22 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, NAMING THE RAILROAD STREET PAVEMENT REHABILITATION PROJECT AS AN SB 1 PROJECT FOR FISCAL YEAR 2024-2025
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-22.
Director of Operations, Sean Calvillo, from CNC Engineering, provided a staff report and said each year cities must submit a project list of SB1 projects to the State of California.
The Transportation Commission requires that a separate resolution be adopted to identify the Project as the City's designated SB1 project, in order to receive funds. The City of Industry designated the Railroad Street Pavement Rehabilitation project to the state. The project is currently in the design phase and is expected to be completed by the end of 2024, therefore it is recommended to adopt this resolution. Council Member Ruggles asked if all cities use SB1 money and Sean said "yes". Sean Calvillo was available to answer any questions.
7.12 CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH ON TRACK SOLUTIONS, LLC TO PROVIDE ON-
CALL RAILROAD COORDINATION, INCREASING COMPENSATION BY
$200,000.00
RECOMMENDED ACTION: Approve the Amendment.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 6
Director of Engineering, James Cramsie, with CNC Engineering, provided a staff report and reviewed the scope of work for on-call railroad coordination services as needed on various Capital Improvement Projects. James Cramsie was available to answer any questions.
7.13 CONSIDERATION OF RENEWAL OF THE SMALL GOVERNMENT
ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) TO CONTINUE SOFTWARE LICENSING
RELATED TO THE CITY'S ENTERPRISE GEOGRAPHIC INFORMATION SYSTEM (GIS), IN AN AMOUNT NOT-TO-EXCEED $87,900.00, THROUGH JUNE 29, 2027 RECOMMENDED ACTION: Approve the Agreement.
Engineering Manager Mat Hudson provided a staff report and recommends approving the renewal of Agreement with ESRI through June 29, 20277. The transition to Geographic Information System (GIS) has improved workflows across City departments, particularly in permitting systems and asset management within public works. Mat Hudson was available to answer any questions.
7.14 CONSIDERATION OF A MASTER AGREEMENT, ADMINISTERING AGENCY-
STATE AGREEMENT FEDERAL-AID PROJECTS, WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION, FOR FEDERAL FUNDING FOR THE NELSON AVENUE BRIDGE REPLACEMENT PROJECT (MP 10-08 #10) RECOMMENDED ACTION: Approve the Agreement.
Senior Project Manager, Upendra Josh, with CNC Engineering provided a staff report and explained the Master Agreement regarding federal funding for the Nelson Avenue Bridge replacement project. He broke down the cost and reimbursements to replace the bridge structure which will correct all existing deficiencies and improve the safety and reliability of the movement of people and freight over the bridge. City Manager Josh Nelson contributed more information, and both were available to answer any questions.
7.15 CONSIDERATION OF A RESOLUTION NO. CC 2024-25 OF THE CITY
COUNCIL AFFIRMING ITS APPROVAL OF THE PURCHASE AND SALE
AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE INDUSTRY URBAN- DEVELOPMENT AGENCY AND THE CITY OF INDUSTRY FOR 1,023.5-ACRE FEET
OF ADJUDICATED GROUNDWATER RIGHTS IN THE PUENTE BASIN AND NOTICE
OF EXEMPTION REGARDING SAME
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 7.
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-25.
City Manager Josh Nelson provided a staff report.
City Attorney James M. Casso said that after approval, this resolution and purchase & sale agreement will go to the Successor Agency, then to the Oversight Board for approval.
7.16 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH WESTERN POWER PROJECT ADVISORS LLC,
FOR ENGINEERING SERVICES FOR AUTOMATED METER READING, EXTENDING THE TERM THROUGH JUNE 30, 2026, REVISING THE RATE SCHEDULE, AND INCREASING COMPENSATION BY $50,000.00 (MP 02-05#16)
RECOMMENDED ACTION: Approve the Amendment.
Dev Birla, Operations Manager at CNC Engineering, provided a staff report and explained the necessity to extend the term through June 30, 2026, which would allow for the completion of services. A revised rate schedule was necessary to reflect Consultant's current rates and revise the agreement to allow for a companion increase in compensation in the IPU's share. There was a delay in implementation of automated meter reading due to supply chain issues after COVID-19 and the long delivery times of the smart electric meters, which impacted the completion of the project.
7.17 CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY & SCOTT, LLP, FOR AUDITING SERVICES EXTENDING THE TERM THROUGH JUNE 30, 2025, AND INCREASING COMPENSATION BY $82,995.00
RECOMMENDED ACTION: Approve Amendment No.
Director of Finance, Yamini Pathak provided a staff report and recommends that the City Council approve Amendment No. 1, to exercise one of the one-year extensions and to increase compensation. The City is pleased with the level of services provided by ("RAMS") for auditing services.
There were no public comments.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 8
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY MAYOR MOSS THAT
THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING ITEMS LISTED
ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 82894 ON ITEM 1 (REGISTER OF DEMANDS).
MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLE
MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Mayor Moss asked to bring forward Public Comments before going into Closed Session
PUBLIC COMMENTS
There were none.
ACTION ITEMS - NONE
PUBLIC HEARINGS - NONE
CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:
There were no public comments.
There were no public comments.
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
MAY 23, 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: 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
10.2 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
Under Negotiation: Price and terms of payment
10.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d) (4): One potential case
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
10.5 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Kevin Roberto Izquierdo v. Oscar David Rodas Vasquez, et al.
Case No.: Los Angeles County Superior Court Case No. 24PSCV01306
10.6 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Coraline Rivera Martino, et al. v. City of Industry, et al.
Case No.: Los Angeles County Superior Court Case No. 22STCV30742
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
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10.7 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY TREASURER
10.8 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
Mayor Moss, recessed the meeting into Closed Session at 10:23 a.m.
Mayor Moss reconvened the meeting at 12:10 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present.
With regard to Closed Session Item Nos. 10.1 and 10.2, direction was given to Agency Negotiators. No final action taken.
With regard to Closed Session Item Nos. 10.3, 10.4, 10.5, 10.6, and 10.8, direction was given to the City Attorney's office. No final action taken.
With regard to Closed Session Item No. 10.7, this item was not discussed and will be rescheduled for a future meeting.
Nothing further to report at this time.
CITY MANAGER REPORTS
There were none.
AB 1234 REPORTS
Mayor Moss spoke about going to Contract Cities along with Josh Nelson, Sam Pedroza, and Michael Greubel. Each spoke about their experiences, meetings and who they met with. Mayor Moss said Contract Cities put on a beautiful moment of Silence in honor of Mayor Pro Tem Cathy Marcucci.
CITY COUNCIL COMMUNICATIONS
There were none.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 23, 2024
PAGE 11
ADJOURNMENT
Mayor Moss stated that our community has gone through a significant loss in a short amount of time. "In honor of Judy Perez and our beloved Cathy Marcucci I would like to adjourn this meeting in their memories today."
There being no further business, the City Council adjourned at 12:14 p.m.
CORY C. MOS.
MAYOR |