CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 2024
PAGE 1
CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 10:01 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; Bianca Sparks, Assistant City Attorney; Todd A. Amspoker, Special Counsel; and Julie Gutierrez-Robles, City Clerk.
PRESENTATION
There were none.
CONSENT CALENDAR - NONE
ACTION ITEMS
7.1 CONSIDERATION OF RESOLUTION NOS. CC 2024-65-68-RESOLUTIONS OF
NECESSITY AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE RIGHTS OF WAY AND TEMPORARY CONSTRUCTION EASEMENTS
FROM CERTAIN REAL PROPERTIES FOR THE GALE AVENUE REALIGNMENT AT AZUSA (FISCAL YEAR 2024-25 BUDGET - CAPITAL IMPROVEMENT PROGRAM NO.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 2024
PAGE 2
2.N), FOR ROADWAY IMPROVEMENTS ON GALE AVENUE AND DEVELOPMENT OF
TWO NEW ACCESS ROADS NORTH/NORTHWEST OF THE REALIGNED ROAD ON AN OVERALL 20.7-ACRE PROJECT SITE AND AUTHORIZE THE DEPOSIT OF $766,000 FOR PORTIONS OF LEGACY CITY CENTER, LLC PARCELS (APN 8264- 001-136, 137; 17245 AND 17475 GALE AVENUE, CITY OF INDUSTRY, CA), $7,650,000 FOR PORTIONS OF LEGACY POINT, LLC PARCELS (APN 8264-001-138, -139, -140, AND -141; 17351 GALE AVENUE, CITY OF INDUSTRY, CA), $2,482,000 FOR PORTIONS OF PUENTE HILLS ASSOCIATES, LLC PARCELS (APN 8264-001-112 AND -128; 17405-17435 GALE AVENUE, CITY OF INDUSTRY, CA), AND $280,000 FOR E-HO ONE, LLC, ET AL. PARCEL (APN 8264-001-134; LOCATED WESTERLY OF 17405 GALE AVENUE, CITY OF INDUSTRY, CA), WITH THE STATE OF
CALIFORNIA CONDEMNATION DEPOSIT FUND
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-65, CC 2024-66, CC 2024-67, and CC 2024-68.
City Manager Josh Nelson provided a detailed staff report regarding the authorization needed to initiate eminent domain proceedings to acquire right of way and temporary construction easements for multiple real properties listed on the staff report. The staff report indicated that the City will need to deposit the appraised value of the properties with the State of California Condemnation Deposits Fund which is in the projects' budgeted amount. Staff recommends that the City Council adopt Resolutions of Necessity to acquire designated properties and easements located at the addresses mentioned, by eminent domain for the purpose of constructing improvements for the Gale Avenue Realignment project.
Todd A. Amspoker, Eminent Domain Special Counsel with Price, Postel & Parma LLP, spoke in detail regarding the right of way acquisitions and City Manager Josh Nelson contributed additional information.
Council Member Ruggles asked what the procedure is going forward? Todd A. Amspoker replied that if the Council chooses to adopt the resolutions, the city will file eminent domain cases in the Los Angeles Superior Court as a civil lawsuit given to the property owners and we would engage in a normal case. Appraisals would be done on both sides and ultimately it would be in the hands of a jury. Council Member Ruggles asked about the timeframe in which to file and Todd A. Amspoker said there is no particular timeframe to file but generally it takes 2 to 3 weeks, or can be directed otherwise to engage in negotiations. The court process could take about 1 to 1 ½ years to process.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 2024
PAGE 3
Mayor Moss announced having a speaker card from Chuck Krolikowski, representing three of the four properties owners: Legacy Point, LLC, Legacy City Center, LLC, and Puente Hills Associates, LLC. Chuck Krolikowski spoke regarding the resolutions set up for today's discussion and asked that this not be considered today due to multiple violations of due process within the Brown Act.
Bianca Sparks, Assistant City Attorney, spoke about the discrepancies stated by Chuck Krolikowski, and said the City is in compliance and there are no Brown Act violations.
Conversation ensued between Todd A. Armspoker, Chuck Krolikowski, and members of the Council.
Todd A. Armspoker stated these resolutions presented today would require at least 4 votes or a super majority.
Mayor Moss stated that Chuck Krolikowski is here today representing his clients and that she understood this is the beginning of a process of negotiations and it will continue to move forward until this matter is resolved.
There were no other public comments.
MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RADECKI TO ADOPT RESOLUTION NO. CC 2024-65. 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 MARCUCCI, AND SECOND BY COUNCIL MEMBER RUGGLES TO ADOPT RESOLUTION NO. CC 2024-66. 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
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 2024
PAGE 4
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY MAYOR PRO TEM GREUBEL TO ADOPT RESOLUTION NO. CC 2024-67. 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 MARCUCCI, AND SECOND BY MAYOR MOSS TO ADOPT RESOLUTION NO. CC 2024-68. 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
7.2 CONSIDERATION OF A LICENSE AGREEMENT WITH JESUS RODRIGUEZ FOR ACCESS TO THE LOT LOCATED AT 100 NORTH HACIENDA BOULEVARD TO
UTILIZE FOR THE SALE OF CHRISTMAS TREES
RECOMMENDED ACTION: Approve the License
Agreement.
City Manager Josh Nelson spoke about a last-minute request to allow access to the corner lot location at Mayor Dave Way and Hacienda Boulevard for utilizing the sale of Christmas Trees. Jesus Rodriquez, who usually sells in La Puente, was just informed that the space is no longer available The City will accept a flat fee of $2,000.00, for the use of the lot.
Staff recommends approving the license agreement.
There were no public comments.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY MAYOR MOSS TO APPROVE THE LICENSE AGREEMENT. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 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
7.3 CONSIDERATION OF A LICENSE AGREEMENT WITH EVANS FOOD GROUP LTD., FOR ACCESS TO THE PARKING LOT LOCATED AT WORKMAN AND TEMPLE
FAMILY HOMESTEAD MUSEUM, TO UTILIZE AS A TEMPORARY OVERFLOW
PARKING AREA
RECOMMENDED ACTION: Approve the License
Agreement.
City Manager Josh Nelson provided a staff report regarding the temporary overflow parking area needed at Workman Temple Family Homestead Museum and was available to answer any questions.
There were no public comments.
MOTION BY MAYOR PRO TEM GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO APPROVE THE LICENSE AGREEMENT. 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
CLOSED SESSION -NONE
CITY MANAGER REPORTS
City Manager Josh Nelson mentioned that Pacific Palms Hotel have been in conversation with the Olympic Committee regarding the possible use of the hotel's location for the Mountain Biking Events at the upcoming Olympics. Potentially, down the road, The City may want to form an Ad Hoc Committee to help with the planning.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
OCTOBER 31, 2024
PAGE 6
AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
Both Council Member Ruggles and Mayor Moss spoke about the success of the BMX Event and how happy the attendees were. Each year we have learned more and are taking notes, but it ran very well, a tremendous event and many compliments were received.
The Rodeo, Terror Trail and BMX Event came in back-to-back and were all a lot of fun.
Thank you everyone for showing up!
ADJOURNMENT
There being no further business, the City Council adjourned at 10:47 a.m.
MAYOR
Quisse
CITY CLERK