CITY COUNCIL REGULAR MEETING AGENDA
APRIL 10, 2025
CITY COUNCIL
REGULAR MEETING
AGENDA
APRIL 10, 2025 AT 9:00 AM
MAYOR CORY MOSS
MAYOR PRO TEM MICHAEL GREUBEL
COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI
COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California ADDRESSING THE CITY COUNCIL:
Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Public Comments (Non-Agenda Items):Anyone wishing to address the City Council on an item not on the Agenda may do so during the “Public Comments” period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement. www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 286 365 461 035
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AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
APRIL 10, 2025
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations - Recognition of Autism Awareness Month
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for March 27, 2025 RECOMMENDED ACTION: Ratify the Register of Demands for
March 27, 2025.
6.2. Consideration of the Register of Demands for April 10, 2025 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate Agency Officials to pay the bills.
6.3. Consideration of Resolution No. CC 2025-11 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE INDUSTRY SHERIFF’S YOUTH ATHLETIC LEAGUE,
IN THE AMOUNT OF ONE HUNDRED FOUR THOUSAND DOLLARS
($104,000.00), FOR ITS ANNUAL GOLF TOURNAMENT
RECOMMENDED ACTION: Adopt Resolution CC 2025-11
6.4. Consideration of Deductive Change Order No. 1 and Notice of Completion for Contract No. CITY-1521, 9th Avenue Pavement Rehabilitation, ET AL. (North of Clark Avenue), with DM Contracting, Inc.
RECOMMENDED ACTION: Approve Deductive Change Order No.
1 and authorize the Director of Public Works to execute the Notice of Completion.
6.5. Consideration of Amendment No. 4 to the Funding Agreement with Los Angeles County Metropolitan Transportation Authority for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive Project RECOMMENDED ACTION: Approve Amendment No. 4
6.6. CONSIDERATION OF A CONFLICT WAIVER FOR CASSO & SPARKS,
LLP, REGARDING RECREATIONAL IMPROVEMENTS TO THE
INDUSTRY HILLS GOLF CLUB AT THE PACIFIC PALMS RESORT
RECOMMENDED ACTION: Approve the waiver.
CITY COUNCIL REGULAR MEETING AGENDA
APRIL 10, 2025
7. ACTION ITEMS-NONE
8. PUBLIC HEARINGS-NONE
9. CLOSED SESSION
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
9.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy Point, LLC
Los Angeles County Superior Court Case No. 25STCV03700
9.3. 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
9.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) Two potential cases
CITY COUNCIL REGULAR MEETING AGENDA
APRIL 10, 2025
9.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 17673 Gale Ave, City of Industry, CA
91748
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Puente Hills Auto Center Association Under Negotiation: Price and terms of payment
9.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: Assessor Parcel Numbers 8205-025-948
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: La Puente County Valley Water District Under Negotiation: Price and terms of payment
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is April 24, 2025, at 9:00 AM.
ITEM NO. 6.1
ITEM NO. 6.2
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: April 10, 2025
SUBJECT: Consideration of Resolution No. CC 2025-11 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE INDUSTRY SHERIFF’S YOUTH ATHLETIC
LEAGUE, IN THE AMOUNT OF ONE HUNDRED FOUR THOUSAND
DOLLARS ($104,000.00), FOR ITS ANNUAL GOLF TOURNAMENT
Background:
The Industry Sheriff’s Youth Athletic League (“YAL”) provides programs to at-risk youth in the surrounding communities since its founding. The YAL program serves over 1,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program, and Camp C.O.U.R.A.G.E., at no cost to participating youth or their families. Through these programs the youth receive mentoring and learn to make positive life decisions. The program recognizes the importance of early intervention and is a positive influence on thousands of children.
Discussion:
The YAL contacted the City for a donation to sponsor the 32nd Annual Invitational Golf Classic program, on May 5, 2025, at Pacific Palms Resort. The donation of $104,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the event, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated.
Fiscal Impact:
In the Fiscal Year 2024/25 budget, $371,000.00 was approved for Donations for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5602).
Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2025-11.
Exhibits:
1. Resolution No. CC 2025-11
RESOLUTION NO. CC 2025-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE
INDUSTRY SHERIFF’S YOUTH ATHLETIC LEAGUE, IN THE
AMOUNT OF ONE HUNDRED FOUR THOUSAND DOLLARS
($104,000.00), FOR ITS ANNUAL GOLF TOURNAMENT
RECITALS
WHEREAS, the Industry Sheriff’s Youth Athletic League (“YAL”) provides programs to at-risk youth in the surrounding communities since its founding in 1991; and WHEREAS, the YAL serves over 1,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program, and Camp C.O.U.R.A.G.E., at no cost to participating youth or their families; and WHEREAS, the YAL contacted the City for a donation to sponsor its 32nd Annual Invitational Golf Classic on May 5, 2025; and
WHEREAS, the City’s donation of $104,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community; and WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Annual Golf Tournament, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated; and
WHEREAS, the City’s donation serves a public purpose by contributing to YAL, which supports youth in the community by providing programs that mentor the youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and are a positive influence on thousands of children; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City’s donation serves a public purpose in that the YAL supports the youth in the community by providing programs that mentor the youth and teach them
to make positive life decisions. These programs recognize the importance of early intervention, and are a positive influence on thousands of children.
SECTION 3: The City Council hereby approves the donation of One Hundred Four Thousand Dollars ($104,000.00) to the Industry Sheriff’s Youth Athletic League, as well as an in-kind donation of 100 Staff hours for support services.
SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on April 10, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk
ITEM NO. 6.4
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Chris Lum Construction Manager CNC Engineering
DATE: April 10, 2025
SUBJECT: Consideration of Deductive Change Order No. 1 and Notice of Completion for Contract No. CITY-1521, 9th Avenue Pavement Rehabilitation, ET AL. (North of Clark Avenue), with DM Contracting, Inc.
Background:
On April 26, 2024, the City Manager approved Contract No. CITY-1521 9th Avenue Pavement Rehabilitation, ET AL. (North of Clark Avenue), in an amount of $164,045.29. The project consisted of cold mill and overlay of AC pavement, new AC pavement construction, construction of curb and gutter and AC dike along the east side of the street, construction of air-placed concrete to the existing sump to mitigate sediment build up in the existing storm drain system, construction of double swing barrier gate and bollards, and installation of traffic striping, markings, markers and painting of red curb.
Discussion:
As of March 17, 2025, the Director of Public Works has reviewed the change order for completeness and accuracy as to the materials and labor included:
Change Order No. 1 – Final quantities have been completed and overruns and underruns are as follows:
Overruns –
Bid Item No. 4 – Sawcut and remove existing AC pavement and base, $4.25/SF x 473/SF = $2,010.25.
Bid Item No. 14 – Furnish and install bollards, $1,100.00/EA x 1/EA = $1,100.00.
The Total Amount of Overruns = $3,110.25
Underruns – (represented in parentheses)
Bid Item No. 5 – Adjust water or gas valve cover and frame to finish grade, $450.00/EA x 1/EA = ($450.00).
Bid Item No. 7 – Asphalt Concrete Pavement, $230.00/TN x 5.17/TN = ($1,189.10).
Bid Item No. 15 – Unclassified Fill, $250.00/CY x 9/CY = ($2,250.00).
The Total Amount of Underruns = ($3,889.10)
The Total Amount of Deductive Change Order No. 1 = ($3,889.10) - $3,110.25 = ($778.85) Table 1 - Summary of Extra Costs
Contract Amount $164,045.29
Deductive Change Order No. 1 ($778.85)
Revised Project Cost $163,266.44
As of March 10, 2025, Staff has determined the AC pavement improvements, curb and gutter, AC dike improvements, installation of the double swing gate and bollards as well as installation of the striping, markings, markers and red curb have been completed.
Fiscal Impact:
The revised contract amount including Deductive Change Order No. 1 totals $163,266.44. In the adopted FY 24-25 Capital Improvement Project budget, $250,000.00 is approved for this work (MP 22-18, Account No. 120-702-5205).
Recommendation:
1. Approve and execute Deductive Change Order No. 1 in the amount of ($778.85) and authorize the Mayor to execute the approved Change Order; and
2. Accept the work performed by DM Contracting Inc. in the amount of $163,266.44; and
3. Authorize the Mayor or her designee to execute the Notice of Completion attached here as Exhibit C; and
4. Authorize the City Clerk to file a Notice of Completion for this project.
Exhibits:
1. A. Deductive Change Order No. 1, dated April 10, 2025
2. B. Notice of Completion, dated April 10, 2025
EXHIBIT A
Deductive Change Order No. 1, dated April 10, 2025
[Attached]
EXHIBIT B
Notice of Completion, dated April 10, 2025
[Attached]
ITEM NO. 6.5
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Sean Calvillo, Director of Operations
DATE: April 10, 2025
SUBJECT: Consideration of Amendment No. 4 to the Funding Agreement with Los Angeles County Metropolitan Transportation Authority for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive Project Background:
On November 18, 2014, the City entered into a Funding Agreement (“Agreement”) with Los Angeles County Metropolitan Transportation Authority (“LACMTA” or “Metro”), defining the terms and conditions under which the SR-57/60 Confluence, Grand Avenue at Golden Springs Drive (“Project”) activities are performed and financed. The Project includes improvements to the Grand Avenue and Golden Springs Drive Intersection, which is a precursor to further improvements in the SR 57/60 Confluence Project. The project will widen Golden Springs Drive between Copley Drive and Racquet Club Drive to add a westbound left-turn lane and a dedicated right-turn lane, widen sidewalks and add pedestrian countdown signals.
Through Metro’s 2011 Call for Projects, the City secured $6.7 million in local Proposition C grant funds for a share in project costs related to the right of way acquisition, construction, and construction management activities. The remaining share is expected to be funded in bond proceeds from the Successor Agency to the Industry Urban-Development Agency. The total project costs are estimated at $18,757,000.
Metro implements a lapsing policy on all Call for Projects funding to ensure resources are provided for projects that can use them in a timely manner. The policy states that if programmed funds are not expended before their lapsing date, the grantee runs the risk of those funds becoming de-obligated for the entire project and therefore no longer being able to use them.
Under the Agreement, all funds programmed for: FY2014/15 were subject to lapse on June 30, 2017; FY2015/16 were subject to lapse on June 30, 2018; and FY2016/17 were subject to lapse on June 30, 2019.
On September 1, 2017, the City executed a first amendment to the Agreement which extended the lapsing date of all programmed funds to June 30, 2019. The locally managed Call for Projects funds are allowed some flexibility in the lapsing date dependent upon a positive demonstration of Project progress and expenditures. Processing an amendment to extend the lapsing date allows the City to keep its funding without having to appear before the Metro Technical Advisory Committee (TAC) and requesting to do so.
On September 30, 2019, the City executed a second amendment to the Agreement which extended the lapsing date of all programmed funds to February 28, 2021.
On March 14, 2024, the City approved a third amendment to the Agreement which extended the lapsing date of all programmed funds to February 29, 2024.
Discussion:
A construction contract was awarded on August 22, 2019. Construction was delayed and began in August 2020 due to the Covid-19 pandemic. Construction was completed in August 2024.
As such, a fourth amendment is necessary to extend the lapsing date of all project funds from February 29, 2024, to February 28, 2025. This extension will ensure that all construction expenditures remain eligible for reimbursement. Staff does not expect the project to need any further extensions.
Amendment No. 4 also includes the following revisions:
• Part II, Paragraph 8.1(iv), of the existing Funding Agreement is being amended by deleting it in its entirety and replacing it.
• Attachment B-1, Scope of Work, attached to the existing Funding Agreement is being amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule below:
Amendment 3 Schedule in
FA Milestones Scope of Work Revised Project Schedule
Start Date End Date Start Date End Date
Complete PA/ED December 2013 December 2013
Complete PS&E June 2015 March 2018 June 2015 March 2018 ROW Certification January 2016 October 2019 January 2016 October 2019 Construction Bid and
Award
April 2019 May 2019 April 2019 May 2019
Construction and Project
Close Out
August 2020 December 2023 August 2020 December 2024
Total Project Duration
(Months)
120 months 132 months
Fiscal Impact:
There is no additional fiscal impact associated with Amendment No. 4.
Recommendation:
It is recommended that the City Council approve Amendment No. 4.
Exhibits:
1. Amendment No. 4 to the Funding Agreement between the City and LACMTA for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive Project
FTIP# LAF5100 CFP#F5100
AMENDMENT NO. 4
Funding Agreement No. 9200000000F5100
Rev.: 03.08.2023 1 FA Local Amendment Lapsing Date Extension AMENDMENT No. 4 TO FUNDING AGREEMENT
BETWEEN CITY OF INDUSTRY AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 4 to Funding Agreement (this "Amendment"), is dated as of September 27, 2024, by and between CITY OF INDUSTRY ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F5100 dated November 18, 2014, which was amended on September 1, 2017, September 30, 2019, and September 30, 2023 (as amended, the "Existing FA"), which Existing FA provides for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive and
B. Whereas, LACMTA Board on September 24, 2024, approved extending the lapsing date of the Project to February 28, 2025;
C. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.
EXHIBIT A
FTIP# LAF5100 CFP#F5100
AMENDMENT NO. 4
Funding Agreement No. 9200000000F5100
Rev.: 03.08.2023 2 FA Local Amendment Lapsing Date Extension AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Paragraph 8.1 (iv) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2014-15 and FY 2015-16 have been expended and are no longer available. All Funds programmed for FY 2016-17 are subject to lapse by February 28, 2025
2. Attachment B-1 Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
PROJECT SCHEDULE
FA Milestones Amendment 3 Schedule in Scope of Work Revised Project Schedule Start Date End Date Start Date End Date
Complete PA/ED December 2013 December 2013
Complete PS&E June 2015 March 2018 June 2015 March 2018 R/W Certification January 2016 October 2019 January
2016
October 2019
Construction Bid & Award April 2019 May 2019 April 2019 May 2019 Construction and Project
Close Out
August 2020 December 2023 August 2020 December 2024
Total Project Duration
(Months)
120 months 132 months
3. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP# LAF5100 CFP#F5100
AMENDMENT NO. 4
Funding Agreement No. 9200000000F5100
Rev.: 03.08.2023 3 FA Local Amendment Lapsing Date Extension IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be duly executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: _________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _________________________________ Date: ____________________ Deputy
CITY OF INDUSTRY
By: _________________________________ Date: ____________________ Cory C. Moss
Mayor
APPROVED AS TO FORM:
By: __________________________________ Date: _______________________ James M. Casso
City Attorney
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ITEM NO. 6.6
Backup Material will be distributed prior to Meeting