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Home My WebLink About01a. Minutes - 01-25-22 - Special Meeting City Council Minutes Special Meeting – January 25, 2022 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL MEETING JANUARY 25, 2022 The City Council of the City of Downey held a Special City Council Meeting on January 25, 2022, at 5:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Pacheco presiding. PRESENT: Council Members: Blanca Pacheco Mayor Sean Ashton Mayor Pro Tem (absent) Catherine Alvarez Council Member Claudia M. Frometa Council Member Mario Trujillo Council Member ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Aldo E. Schindler, Deputy City Manager/Community Dev. Director James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk APPROVED CLOSED SESSION MINUTES It was moved by Council Member Frometa, seconded by Council Member Alvarez and carried 4-0, with Mayor Pro Tem Ashton absent, to approve the Closed Session Minutes of December 7, 2021. PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS Mayor Pacheco asked City Clerk Duarte if any written comments were received regarding Closed Session Items. Lee Squire, resident, requested the City place the lawsuit of Kessner et al v. City of Santa Clara et al. on the closed session agenda for discussion and asked whether certain documents related to the case were provided to Council. Mayor Pacheco asked if there was anyone on the public comment telephone line who would like to comment on Closed Session items. Armando Herman, non-resident, commented regarding Closed Session Item No. 5. Having no one else, Mayor Pacheco closed public comment. RECESSED TO CLOSED SESSION Mayor Pacheco announced the City Council is recessing to Closed Session at 5:44 p.m. to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.95 - Liability Claim: Robert Linares v. City of Downey, Worker’s Compensation Claim No.: 18-135801; WCAB NO.: ADJ11562752; Agency claimed against: City of Downey. City Council Minutes Special Meeting – January 25, 2022 2 2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation - City of Downey v. Jose Bonilla Vasquez, Los Angeles Superior Court, Case No. 20STCV19263. 3. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation – Orange County Council of Governments, et al. v. California Department of Housing and Community Development, et al., Los Angeles Superior Court, Case No. 21STCP01970. 4. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation – Central and West Basin Replenishment District v. Adams, et. al., Los Angeles Superior Court Case No. C786656. 5. Government Code Section 54956.8 – Conference with City of Downey Real Property Negotiator: City Manager Gilbert Livas and Deputy City Manager/Community Development Aldo E. Schindler Re: Property at Assessor Parcel Number 6255-002-900 Negotiating Parties: Betty Wilshire, LLC a California Limited Liability Company; Under Negotiation: Price and Terms. 6. Government Code Section 54956.8 – Conference with City of Downey Real Property Negotiator: City Manager Gilbert Livas and Deputy City Manager/Community Development Aldo E. Schindler Re: Property at Assessor Parcel Number 6255-002-900 Negotiating Parties: Bijan Radnia; Under Negotiation: Price and Terms. 7. Public Employee Discipline/Dismissal/Separation/Release-Government Code Section 54957(b)(1). RECONVENED SPECIAL CITY COUNCIL MEETING Mayor Pacheco reconvened the Special City Council meeting at 6:50 p.m. with Mayor Pro Tem Ashton absent. City Attorney Abich Garcia reported the Closed Session as follows: In regards to Item No. 1, the City Council gave direction to its legal counsel; in regards to Item No. 2, the City Council gave direction to its legal counsel; in regards to Item No. 3, a motion was made by Council Member Frometa, seconded by Mayor Pacheco and approved 4-0, with Mayor Pro Tem Ashton absent, to join the coalition of cities and appeal the dismissal of the lawsuit Orange County Council of Governments, et al. v. California Department of Housing and Community Development, et al., Los Angeles Superior Court, Case No. 21STCP01970; in regards to Item No. 4, a motion was made by Council Member Frometa, seconded by Council Member Trujillo and approved 4-0, with Mayor Pro Tem Ashton absent, to approved a settlement agreement with the Water Replenishment District of Southern California in the Central and West Basin Replenishment District v. Adams, et. al., Los Angeles Superior Court Case No. C786656 to correct the Central Basin water storage account balance of the City of Downey. The settlement agreement has the following material terms: The City of Downey shall pay the Water Replenishment District (WRD) $429,300 representing the amount of funds necessary to place the 1,350 acre feet of City carryover water into storage based on the Replenishment assessment rate of $318 per acre feet; the amount of $678,000 representing the amount of funds necessary to place the 2,000 acre feet of City carryover water into storage at the Replenishment assessment rate of $339 per acre foot in effect during the administrative year 2018-2019; the City shall pay to WRD in five equal installments the amount of $221,460, the first payment shall be due on October 1 and each subsequent payment shall be due on the anniversary of the first payment; upon its receipt of each scheduled payment, WRD shall take any and all actions necessary to credit 670 acre feet of water production rights into the City of Downey’s storage account until the total of 3,350 feet of water production rights have been so credited to the City of Downey; in regards to Item Nos. 5 and 6, the City Council gave direction to its Real Property Negotiators with Council Member Trujillo abstaining from participation in discussion of the item; in regards to Item No. 7, there was no reportable action taken. City Council Minutes Special Meeting – January 25, 2022 3 ADJOURNMENT Mayor Pacheco adjourned the Special City Council meeting at 6:50 p.m. MARIA ALICIA DUARTE, CMC BLANCA PACHECO City Clerk Mayor