HomeMy WebLinkAbout02a. Minutes - 07-09-19 - Special MeetingCity Council Minutes
Special Meeting – July 9, 2019 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
JULY 9, 2019
The City Council of the City of Downey held a Special City Council Meeting on July 9, 2019, at
5:38 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Rodriguez presiding.
PRESENT: Council Members:
Rick Rodriguez Mayor
Blanca Pacheco Mayor Pro Tem
Sean Ashton Council Member
Claudia Frometa Council Member
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
APPROVED CLOSED SESSION MINUTES
It was moved by Council Member Ashton, seconded by Council Member Frometa, and
approved unanimously to approve the Closed Session Minutes of June 11, 2019.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
Mayor Rodriguez asked if there was anyone present who would like to comment on Closed
Session items.
Armando Herman, resident, commented regarding Item Nos. 1 and 4; homelessness; and,
Americans with Disabilities.
Having no one else come forward, Mayor Rodriguez closed public comment.
RECESSED TO CLOSED SESSION
Mayor Rodriguez abstained from Item No. 4, due to the close proximity to his rental properties.
Mayor Rodriguez announced the City Council is recessing to Closed Session at 5:47 p.m. to
discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.95 – Liability Claim
Worker’s Compensation Claim:
Claimant: James Elsasser
Agency Claimed Against: City of Downey
Claim Nos. 0003-1999-00030; ADJ886166
2. Government Code Section 54956.9(d)(4) – Initiation of Litigation: One (1) potential case.
City Council Minutes
Special Meeting – July 9, 2019 2
3. Government Code Section 54956.9(d)(2) and Government Code Section 54956.9(e)(1) –
Conference with Legal Counsel – Anticipated Litigation: A point has been reached wherein the
opinion of the City Council on the advice of its legal counsel there is a significant exposure to
litigation against the City facts and circumstances that might result in litigation but which the City
believes are not yet known to potential plaintiff or plaintiffs which facts need not be disclosed: One
(1) potential case.
4. Government Code Section 54956.8 – Conference with City Real Property Negotiators: City
Manager Livas and Community Development Director Schindler re: Property at 9340 Stewart and
Gray Road. Negotiating Parties: CPL Express, Inc.; Under Negotiation: Price and Terms.
RECONVENED CLOSED SESSION
The Special City Council meeting reconvened in Open Session at 6:39 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 received a status report from its legal counsel; in regards to Item No. 2 the City
Council voted unanimously to authorize its legal counsel to initiate litigation. The details of which will be
available in the City Clerk’s office once litigation has commenced in Superior Court; in regards to Item
No. 3 the City Council received a status report and gave direction to its legal counsel; and, in regards to
Item No. 4, the City Council received a status report and the City Council provided direction to its real
property negotiators with Council Member Saab voting no. Mayor Rodriguez abstained from
participation in this item.
ADJOURNMENT
Mayor Rodriguez adjourned the Special City Council Meeting at 6:42 p.m.
MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ
City Clerk Mayor