CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 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, Mayor Pro Tem
Steve Marcucci, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.
PRESENTATIONS
There were none.
CONSENT CALENDAR
With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 83097 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.6, 6.8, and 6.10.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 2
6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JUNE 13, 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 APRIL 11, 2024 SPECIAL MEETING, APRIL 25, 2024 REGULAR MEETING, AND THE APRIL 25, 2024 SPECIAL MEETING RECOMMENDED ACTION: Approve as submitted.
6.3 CONSIDERATION OF RESOLUTION NO. CC 2024-28 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, CONFIRMING THE
CONTINUED EXISTENCE OF AN EMERGENCY CONDITION AT TONNER CANYON,
AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 AND SECTION 3.52.110 OF THE CITY'S MUNICIPAL CODE
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-28.
Engineering Manager, Mat Hudson, provided a staff report regarding the continued existence of emergency conditions at Tonner Canyon along with photos of the washed- out roads and said they were expecting to be done by the end of June. He was available to answer any questions.
6.4 CONSIDERATION OF APPLICATIONS FROM THE FOLLOWING
ORGANIZATIONS TO SELL SAFE AND SANE FIREWORKS IN THE CITY:
CATHEDRAL HIGH SCHOOL, CORY LIDLE FOUNDATION, COVINA VIKINGS YOUTH
FOOTBALL ORGANIZATIONS, DAVION MICHAEL BROWN FOUNDATION, HIGH IMPACT TRAINING 626, WORKMAN QUARTERBACK CLUB, KIWANIS OF HACIENDA HEIGHTS, KNIGHTS OF COLUMBUS MSGR MULCAHY COUNCIL 16034,
LA PUENTE HIGH SCHOOL CHEER AND DANCE BOOSTERS, LOS ALTOS QUARTERBACK CLUB, VIKINGS WRESTLING BOOSTERS CLUB, INC., ROWLAND
HIGH SCHOOL RAIDER HUDDLE CLUB, SHINING LIGHT MINISTRIES, THE
CALIFORNIA ALLIANCE FOR FAMILY JUSTICE, AND THE JENNIFER LENIHAN MEMORIAL SCHOLARSHIP FOUNDATION.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 3
RECOMMENDED ACTION:
applicants to sel safe and sane fireworks beginning June 26, 202 and ending July 5. 2024 as conditioned
6.5 RATIFICATION OF LEGAL SERVICES AGREEMENT FOR THE PURPOSE OF
INVESTIGATING AND ASSESSING POTENTIAL CLAIMS ARISING OUT OF THE PRESENCE OF PER- AND POLYFLUOROALKYL SUBSTANCES ("PFAS")
CONTAMINANTS IN WATER SUPPLY WELLS AFFECTING THE CITY'S
WATERWORKS SYSTEM
RECOMMENDED ACTION: Ratify the Agreement.
CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH JOE A. GONSALVES & SON, FOR GOVERNMENTAL RELATIONS SERVICES, EXTENDING THE TERM THROUGH JUNE 30, 2029,
UPDATING THE SCOPE OF SERVICES, UPDATING THE RATE SCHEDULE, AND
UPDATING THE INDEMNITY PROVISIONS CONSISTENT WITH BEST PRACTICES RECOMMENDED ACTION: Approve Amendment No. 2.
Assistant City Manager, Sam Pedroza provided a staff report on the updated scope of work and said this was covered under our current budget. Sam Pedroza was available to answer any questions.
CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH D.S.
EWING ARCHITECTS, INC., TO PROVIDE ARCHITECTURAL DESIGN SERVICES
FOR THE CITY COUNCIL CHAMBERS AND IBC BUILDING IMPROVEMENTS PROJECT, IN AN AMOUNT NOT-TO-EXCEED $100,000.00, THROUGH JUNE 13, 2025 RECOMMENDED ACTION: Approve the Agreement.
Director of Operations, Sean Calvillo, from CNC Engineering, provided a staff report on the IBC Building improvements and was available to answer any questions.
6.8 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1509, CITYWIDE SIGN REPLACEMENT PROJECT, TO SUPERIOR PAVEMENT MARKINGS, INC. IN AN AMOUNT NOT TO EXCEED $369,260.00, AND ADOPT A NOTICE OF EXEMPTION
REGARDING SAME
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 4
RECOMMENDED ACTION: Award the Contract to
Superior Pavement Markings, Inc. in the amount of $369,260.00, and adopt a Notice of Exemption for the project.
Senior Project Manager, Upendra Joshi from CNC Engineering provided a staff report regarding the award of Contract No. CITY-1509, Citywide Sign Replacement Project, to Superior Pavement Markings, Inc., in an amount not to exceed $369,260.00, and adopt a notice of exemption regarding same. Upendra Joshi was available to answer any questions.
6.9 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CASC ENGINEERING AND CONSULTING INC., FOR
ON-CALL ENVIRONMENTAL PLANNING SERVICES, EXTENDING THE TERM THROUGH, JUNE 30, 2029, AND UPDATING THE RATE SCHEDULE
RECOMMENDED ACTION: Approve Amendment No. 2.
6.10 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, ING., FOR ON-CALL
ENVIRONMENTAL PLANNING SERVICES, EXTENDING THE TERM THROUGH JUNE 30, 2029, AND UPDATING THE RATE SCHEDULE
RECOMMENDED ACTION: Approve Amendment No. 2.
Development Services Manager, Kathy Tai provided a staff report regarding the Amendment to the Professional Services Agreement with Placeworks, Inc., for on-call Environmental Planning Services, extending the term through June 30, 2029, and updating the rate schedule. Kathy Tai was available to answer any questions.
Armando Herman spoke for one minute in opposition of the Consent Calendar.
Mayor Moss asked if anyone else from the public had comments on the Consent Calendar.
There were none.
MOTION BY MAYOR PRO TEM GREUBEL, 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 83097 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 5
AYES: COUNCIL MEMBERS: MARUCCCI, RADECKI, RUGGLES,
MPT/GREUBEL,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
ACTION ITEMS - NONE
PUBLIC HEARINGS - NONE
CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:
Armando Herman spoke for one minute in opposition of Closed Session.
Mayor Moss asked if anyone else from the public had comments on Closed Session. There were none.
9.1 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 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
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 6
9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 15550 Tonner Canyon Rd., APN 306-021-02
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: USA BMX, Justin Travis
Under Negotiation: Price and terms of payment
9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 2 vacant lots on E Nelson Avenue, west of
Maypop Ave
Assessor Parcel Numbers 8208-024-906 and
8208-024-907
City Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: HKTSNTRLT LLC
Under Negotiation: Price and terms of payment
9.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 17545 Gale Ave, Assessor Parcel Number 8264-
012-919
City Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Best Buy Co., Inc.
Under Negotiation: Price and terms of payment
9.5 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
LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 7
Under Negotiation: Price and terms of payment
9.6 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY TREASURER
9.7 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case
9.8 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case
Mayor Moss, recessed the meeting into Closed Session at 9:16 a.m.
Mayor Moss reconvened the meeting at 11:58 a.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present.
With regard to Closed Session Item Nos. 9.1, 9.2, 9.3, and 9.5 direction was given to Agency Negotiators.
With regard to Closed Session Item No. 9.4, direction was given to the City Negotiators.
With regard to Closed Session Item No. 9.6, direction was given to the City Manager.
With regard to Closed Session Item Nos. 9.7 and 9.8, direction was given to the City Attorney's Office.
No final action taken on any of these matters.
CITY MANAGER REPORTS
There were none.
AB 1234 REPORTS
There were none.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2024
PAGE 8
CITY COUNCIL COMMUNICATIONS
Mayor Moss explained that she has the ability to appoint herself to the Vector Control Board and will bring back later an agendized item to till the alternate position. ne meetings are once a month on a Friday.
PUBLIC COMMENTS
Armando Herman spoke for one minute 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.
ADJOURNMENT
Mayor Moss adjourned today's meeting in memory of Keith Bowman, a longtime employee of La Puente Valley County Water District at 12:02 p.m.
MOROC. MOSS
flutel
JULIE GUTIERREZ-ROBLES
CITY CLEA