HomeMy WebLinkAbout03a. Minutes - 02-14-17 - Special MeetingCity Council Minutes
Special Meeting – February 4, 2017 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
FEBRUARY 14, 2017
The City Council of the City of Downey held a Special City Council Meeting on February 14,
2017, at 5:30 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Vasquez presiding.
PRESENT: Council Members:
Fernando Vasquez Mayor
Sean Ashton Mayor Pro Tem (excused)
Blanca Pacheco Council Member
Rick Rodriguez Council Member
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, MMC, City Clerk
PUBLIC COMMENT
Mayor Vasquez opened the meeting for Public Comment. Having no one come forward Mayor
Vasquez closed Public Comment.
RECESSED TO CLOSED SESSION
Mayor Vasquez 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)(1) - Conference with Legal Counsel - City of Downey v. Luis
Pescio; Pro-Speed Sports Tuning, Los Angeles Superior Court, Case No. VC656465.
2. Government Code Section 54956.9(d)(1)-Conference with Legal Counsel-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-CJC-DFM.
RECONVENED
The Special City Council meeting reconvened in Open Session at 6:33 p.m. with all Council
Members present.
City Attorney Abich Garcia reported the closed session report as follows: In regards to Item No.
1, the City Council gave direction to its legal counsel regarding the pending lawsuit. In regards to Item
No. 2, the City Council authorized the Mayor, City Clerk and the City’s outside legal counsel to execute
a settlement agreement in the matter of Downey Firemen’s Association Local 3473 et al. v. City of
Downey, et al., with the following material terms: 1) City to pay gross wages in the amount of
$423,973.74, less payroll taxes and other taxes to 13 plaintiffs in the lawsuit in amounts designated by
plaintiffs with each amount reported on Form W -2; 2) The City’s Independent Risk Management
Authority (ICRMA) to pay the amount of $3,276,026.26, to plaintiffs’ attorney of record; 3) City agrees to
reinstate two plaintiffs to firefighter-paramedic positions with no repayment of phase out funds subject
to certain licensing and training requirements; and, 4) The City agrees to remove all documents related
to investigations, discipline or counseling for the period June 1, 2013 to January 25, 2017, for six
plaintiffs including one reprimand dated March 7, 2011, for one plaintiff. Lastly upon receipt by plaintiffs’
City Council Minutes
Special Meeting – October 25, 2016 2
payment of the settlement amount, the fully executed settlement agreement, and certification of
completion of the non-monetary terms of the settlement, the plaintiffs will dismiss the lawsuit with
prejudice with each party bearing its own costs and attorney’s fees. It was moved by Council Member
Pacheco, seconded by Council Member Rodriguez, with affirmative votes from Council Members
Vasquez and Saab, and, Mayor Pro Tem Ashton absent to approve the settlement agreement, and
authorize the Mayor, City Clerk and City’s outside legal counsel to execute the settlement agreement.
ADJOURNMENT
Mayor Vasquez adjourned the Special City Council Meeting at 6:37 p.m.
MARIA ALICIA DUARTE, CMC SEAN ASHTON
City Clerk Mayor