MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
NOVEMBER 16, 2021
The City Council of the City of Downey held a Special City Council Meeting on November 16, 2021, at 4:35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Frometa presiding.
Council Members:
Claudia M. Frometa
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
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 Mayor Frometa, seconded by Council Member Alvarez and carried 5-0 to approve the Closed Session Minutes of October 12, 2021.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
Mayor Frometa asked City Clerk Duarte if any written comments were received regarding Closed Session Items. City Clerk Duarte confirmed no written Public Comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Closed Session items.
Duarte.
Lee Squire, resident, submitted written comments regarding the performance of City Clerk Armando Herman, commented regarding the closed session items.
Rodolfo Cortes Barragan, commented regarding the performance evaluations of City Manager Livas, City Attorney Abich-Garcia and City Clerk Duarte.
Having no one else, Mayor Frometa closed public comment.
RECESSED TO CLOSED SESSION
Mayor Frometa announced the City Council is recessing to Closed Session at 4:39 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54957 - Public Employee Appointment: Chief of Police.
2. 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 where in the City Council Minutes
Special Meeting - November 16, 2021 1
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 and circumstances need not be disclosed: One (1) Potential Case.
3. Government Code 54956.9(d)(1) - Conference with Legal Counsel - Pending Litigation: Name of Case: In Re: National Prescription Opiate Litigation; U.S. District Court, Northern District of Ohio Eastern Division, Case No. 1:17-MD-2804.
4. Government Code Section 54957(b)(1) - Public Employee Performance Evaluation - Title:
City Manager.
5. Government Code Section 54957(b)(1) - Public Employee Performance Evaluation - Title:
City Attorney.
6. Government Code Section 54957(b)(1) - Public Employee Performance Evaluation Title:
City Clerk.
RECONVENED SPECIAL CITY COUNCIL MEETING
Mayor Frometa reconvened the Special City Council meeting at 6:38 p.m. with all Council Members present.
City Manager Livas reported the Closed Session report for Item No. 1 as follows: A motion was made by Mayor Frometa, seconded by Mayor Pro Tern Pacheco and approved 5-0 to ratify the City Manager's appointment of Captain Leslie Murray as the City of Downey's next Chief of Police. City Attorney Abich Garcia reported the closed session report as follows for the remaining items: In regards to Item No. 2, there was no reportable action taken; in regards to Item No. 3, a motion was made by Mayor Pro Tern Pacheco, seconded by Council Member Alvarez and approved 5-0 to approve two settlement agreements in the case of National Prescription Opiate Litigation: U.S. District Court Northern District of Ohio Eastern Division, Case No. 1: 1 7-MD-2804, and authorize the City Manager to execute the required documents; in regards to Item Nos. 4, 5, and 6, the City Council completed the evaluations of the City Manager, City Attorney and City Clerk.
ADJOURNMENT
Mayor Frometa adjourned the Special City Council meeting at 6:43 p.m.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor
City Council Minutes
Special Meeting - November 16, 2021 2