City Council Minutes
Special Meeting – February 8, 2022 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
FEBRUARY 8, 2022
The City Council of the City of Downey held a Special City Council Meeting on February 8, 2022, at 5:41 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
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
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, commented regarding Closed Session Item No. 2. He provided comments regarding the dismissal of the case and disclosure to residents regarding the status of the case.
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 items.
Rodolfo Cortes Barragan, non-resident, commented regarding Closed Session Item No. 2. He expressed his concerns about the contaminated water in the City.
Having no one, Mayor Pacheco closed public comment.
RECESSED TO CLOSED SESSION
Mayor Pacheco announced the City Council is recessing to Closed Session at 5:48 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.95 – Liability Claim – Claimants: Erik Mendoza; Milton Andrade – Agency claimed against: City of Downey.
2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation – Kessner v. City of Downey, et al., Santa Clara County Superior Court, Case No. 20CV364054.
City Council Minutes
Special Meeting – February 8, 2022 2
3. 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 6:41 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 settle the liability claim and prepare a settlement and release agreement, which once fully executed will be on file in the City Clerk’s Office; in regards to Item No. 2, the City Council received a report from its legal counsel and no formal action was taken; in regards to Item No. 3, the Council took action to agree to accept the resignation of the City Manager effective July 1, 2022, pursuant to a separation agreement which was approved by the City Council with a motion made by Council Member Trujillo, seconded by Council Member Alvarez and approved 4-1, with Council Member Frometa voting no.
Mayor Pacheco provided a statement regarding City Manager Livas’ 15-year tenure with the City of Downey and thanked him for his contributions to the Downey community and City staff.
ADJOURNMENT
Mayor Pacheco adjourned the Special City Council meeting at 6:42 p.m.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor