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Minutes, regular meeting

Industry City Council
October 10, 2024

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Minutes, regular meeting
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October 10, 2024
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Industry City Council
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Text extracted from the city's file for reading and search. Open the original on www.cityofindustry.org. That file is the official record.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 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, Mayor Pro Tem
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; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.

PRESENTATION
There were none.

CONSENT CALENDAR
Council Member Ruggles asked for a staff report on Item Nos. 6.4, and 6.5.

With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 83869 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

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 2

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR OCTOBER 10, 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 JULY 11, 2024 REGULAR MEETING, JULY 11, 2024 SPECIAL MEETING, JULY 25, 2024 REGULAR MEETING, AND THE AUGUST 22, 2024 REGULAR MEETING
RECOMMENDED ACTION: Approve as submitted.

6.3 CONSIDERATION OF A MAINTENANCE SERVICES AGREEMENT WITH TBS

CLEANING SERVICES FOR JANITORIAL SERVICES AT THE WORKMAN AND TEMPLE FAMILY HOMESTEAD MUSEUM OFFICES, IN THE AMOUNT OF $35,700.00, THROUGH OCTOBER 1, 2029
RECOMMENDED ACTION: Approve the Agreement.

6.4 CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH D.S. EWING ARCHITECTS, INC., TO PROVIDE

ARCHITECTURAL DESIGN SERVICES FOR THE CITY COUNCIL CHAMBERS AND

IBC BUILDING IMPROVEMENT PROJECT, INCREASING COMPENSATION IN THE AMOUNT OF $35,000.00
RECOMMENDED ACTION: Approve Amendment No. 1.

Sean Calvillo, Director of Operations, CNC Engineering provided a recap of the Professional Services Agreement with D.S. Ewing Architects, Inc. for their architectural design services for the City Council Chambers and the IBC Building Improvement Project.

He explained the necessary additional feedback before proceeding into the preliminary design phase, which is based on a final concept. Staff are recommending the approval of the amendment to increase compensation for the additional time and effort.

6.5 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH D. S. EWING ARCHITECTS, INC. FOR CONCEPTUAL

MASTER PLAN DESIGN SERVICES FOR THE WORKMAN AND TEMPLE

HOMESTEAD MUSEUM, AND EL ENCANTO HEALTHCARE AND HABILITATION CENTER CAMPUS, EXTENDING THE TERM THROUGH JUNE 30, 2025, AND INCREASING COMPENSATION BY $50,000.00

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 3
RECOMMENDED ACTION: Approve Amendment No. 2.

City Manager Josh Nelson provided a staff report on the conceptual master plan design services and was available to answer any questions.

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER

MARCUCCI THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 83869 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS

CONSIDERATION OF THE FOLLOWING RELATED TO THE CITY'S ADOPTION OF SIDEWALK VENDING REGULATIONS:
a. ORDINANCE NO. 832, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 5 (LICENSES &

REGULATIONS) OF THE CITY OF INDUSTRY MUNICIPAL CODE, ADDING CHAPTER 5.24 (SIDEWALK VENDING), AND ADOPTING A NOTICE OF

EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT

THEREOF
b. RESOLUTION NO. CC 2024-42 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING A POLICY FOR THE

REMOVAL OF SIDEWALK VENDING ITEMS FROM THE PUBLIC RIGHT-OF-

WAY, AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME
c. RESOLUTION NO. CC 2024-43 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF INDUSTRY, CALIFORNIA, ESTABLISHING FEES RELATING TO

SIDEWALK VENDING REGULATIONS, AND ADOPTING A NOTICE OF

EXEMPTION REGARDING SAME

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 4
RECOMMENDED ACTION: 1) Waive the reading of Ordinance
No. 832 and read by title only; 2) Introduce Ordinance No. 832; 3) Adopt Resolution No.

CC 2024-42; and 4) Adopt Resolution No. CC 2024-43.

Development Services Manager, Kathy Tai provided a staff report on Senate Bill ("SB") 946, also known as the Safe Sidewalk Vending Act which was signed into law and effective on January 1, 2019. The law allows cities to establish regulations that address health, safety or welfare concerns. Staff recommends approval of one ordinance, and two resolutions establishing City regulations that are consistent with state legislation. James Eckert, City Prosecutor with Dapeer, Rosenblit & Litvak, who drafted the ordinance and policies, came to the podium to answer questions from the Council about implementation and enforcement.

There were no public comments.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY MAYOR PRO TEM GREUBEL TO WAIVE THE READING OF ORDINANCE NO. 832 AND READ BY TITLE ONLY. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER MARCUCCI TO INTRODUCE ORDINANCE NO. 832. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER MARCUCCI TO ADOPT RESOLUTION NO. CC 2024-42. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 5
AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO ADOPT RESOLUTION NO. CC 2024-43. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: MARCUCCI, RADECKI, RUGGLES,

MPT/GREUBEL, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

PUBLIC HEARINGS - NONE
Mayor Moss asked if there were no objections, if we could bring forward item Nos. 10.,

11., 12., and 13., prior to Item no. 9, Closed Session. There were no objections.

CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
Mayor Moss mentioned the Rodeo was this coming up weekend and thanked staff who are volunteering. It looks like it will be a good showing, based on ticket sales.

Council Member Ruggles talked about the Fall Festival coming up, where there will be lots of games, a rock wall, live music, food and of course the Terror Trail. All proceeds will go to the Youth Activities League (YAL).

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 6

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

9.1 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Cruz v. Radecki, et al
Case No.: Los Angeles Superior Court Case No. 24STCV16690

9.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d) (4): One potential case

9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 150 N Hacienda Blvd, City of Industry, CA 91744 Assessor Parcel Numbers 8208-025-951
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Fred Kaplan
Under Negotiation: Price and terms of payment
Mayor Moss, recessed the meeting into Closed Session at 9:47 a.m.

Mayor Moss reconvened the meeting at 12:02 p.m.

City Manager Nelson reported on Closed Session Item 9.1. Mayor Pro Tem Greubel, Council Member Radecki, City Attorney Casso and Assistant City Attorney Sparks each recused themselves from this item and left the Chamber at 10:00 a.m., returned to the Chamber at 10:17 a.m. and did not participate with this item.

City Attorney Casso reported out of Closed Session for Item Nos. 9.2 and 9.3. All members of the Council were present.

With regard to Closed Session Item No. 9.2, direction was given to the City Attorney's office, no final action taken.

With regard to Closed Session Item No.. 9.3, direction was given to the Agency Negotiators, no final action taken. Nothing further to report at this time.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 10, 2024
PAGE 7

ADJOURNMENT
There being no further business, the City Council adjourned at 12:04 p.m. corns loas
aliste MAYOR

CITY CLERK

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