CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 12, 2023
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 9:09 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 192 360 670#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
• ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem
Michael Greubel, Council Member - Telephonically
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.
PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke for three minutes about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CONSENT CALENDAR
Council Member Ruggles asked for a Staff Report on Item 5.1.
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 12, 2023
PAGE 2
Mayor Moss asked if anyone else was on the line for public comments regarding the Consent Calendar. If so, press *5 to raise your hand and the City Clerk can unmute you.
There was none.
RELEASE WITH BROWN RUDNICK LLP AND WILLIAM W. LOCKYER CONSIDERATION OF A SETTLEMENT AGREEMENT AND MUTUAL RECOMMENDED ACTION: Approve the Settlement
Agreement and Mutual Release.
City Attorney James M. Casso provided an update for the Council. The Casso & Sparks team has negotiated a settlement with Brown Rudnick LLP and William W. Lockyer to resolve any disputes both parties had between themselves with regards to the PSA (Purchase and Sale Agreement) that the City entered into, back in 2016. As part of that settlement of any disputes, the Brown Rudnick parties would pay the City $350,000.00, and both parties shall release each other from any sort of claims, known or unknown. his aareement itself is based on the PSA trom 2016, and only deals with the thre arties and any claims the City may have against Brown Rudnick LLP and William V Lockyer, and vice versa.
Mr. Casso also said that Jaime from our office is on the line and can answer any questions you may have.
Mayor Moss congratulated the Legal Team with gratitude and relief that this issue is now resolved.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER
RUGGLES TO APPROVE THE SETTLEMENT AGREEMENT AND MUTUAL
RELEASE. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 12, 2023
PAGE 3
CLOSED SESSION
Mike Greenspan and Armando Herman each spoke for three minutes in opposition to Item No. 6.1.
Mayor Moss asked if anyone was on the line for public comments regarding Closed Session Item 6.1. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
6.1 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 ot) 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-
Agency Negotiators: Josh 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
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:45 a.m.
Mayor Moss reconvened the meeting at 12:37 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present except Council Member Greubel who participated remotely.
With regard to Closed Session Item No. 6.1, direction was given to the Agency Negotiators, no final action was taken, nothing further to report at this time.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 12, 2023
PAGE 4
CITY MANAGER REPORTS
There were none.
AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 12:41 p.m.
Con 100s
CORY C. MOSS
MAYOR
JULIE GUTIERREZ-ROBLES
CITY CLERK