HomeMy WebLinkAboutMinutes 04-26-16 Special MeetingMINUTES OF
COUNCIL CITY OF OF DOWNEY
SPECIAL MEETING
APRIL 26, 2016
The City Council of the City of Downey held a Special City Council Meeting on April 26, 2016, at
5 :31 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Saab presiding.
PRESENT: Council Members:
Alex Saab
Fernando Vasquez
Sean Ashton
Roger C. Brossmer
Luis Marquez
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, MMC, City Clerk
It was moved by Council Member Ashton, seconded by Council Member Brossmer, and so
ordered by Mayor Saab to approve the Closed Session Minutes of April 12, 2016.
PUBLIC COMMENT
Mayor Saab opened the meeting for Public Comment. Having no one come forward Mayor
Saab closed Public Comment.
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Mayor Saab announced the City Council is recessing to Closed Session at 5:32 p.m. to discuss
matters under the authority of the following sections of the Government Code:
1: Government Code Section 54956.9(d)(2) and (e)(2) Conference With Legal Counsel—
Anti ci pated/Pote nti a I Litigation: Facts and circumstances including -a transactional occurrence that
might result in in litigation against the City and that are known to a potential plaintiff which facts'''
and circumstances shall be publicly stated on the agenda or announced: Potential litigation by
South Coast Air Quality Management District (SCAQMD) for alleged violations regarding the
operation of portable generators.
2, Government Code Section 54956.9(4)(1) - Pending Litigation: Downey Firemen's Association,
Local 3473, et al. v. City of Downey, et al., U.S. District Court (Central District of California) Case
No. 14 -cv- 01213.
City Council Minutes
Special Meeting — April 26, 2016
The Special City Council meeting reconvened in Open Session at 6:42 p.m. with all Council
Members present.
City Attorney Abich Garcia reported on the closed session report as follows: Item No. 1, having
received a detailed report on April 12, 2016, the City Council unanimously approved a settlement
agreement with AQMD with the following material terms:
A. City will perform the seven (7) projects described in the attached Exhibit A by their respective
completion dates (or extended completion dates).
B. AQMD will grant extensions of the completion dates as needed by the City.
C. City will keep documentation of the completion of each project and provide said documents to the
AQMD upon request.
D. City will allow AQMD to conduct one -time testing by no later than December 2017 of on -road heavy
diesel engines and portable engines using clean diesel fuel as part of an AQMD pilot program. All
costs for testing to be paid by AQMD.
E. Failure to complete the projects by the completion date or extended completion date will result in a
$1,000 /day civil penalty for the trash truck project and a $20,000 civil penalty for the other projects.
AQMD can terminate the settlement and pursue civil penalties and other remedies if the City fails or
refuses to complete any one or more of the projects.
In regards to Item No. 2, the City Council discussed pending litigation and the status of pending
litigation and provided direction to its legal counsel.
ADJOURNMENT
Mayor Saab adjourned the Special City Council Meeting at 6:44 p.m
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ADRIA M. JIMEN Z, MM L B'
City Clerk Mayor
City Council Minutes
Special Meeting — April 26, 2016