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MINUTES
SPECIAL CITY COUNCIL MEETING
THURSDAY, MAY 9, 2024
CALL TO ORDER Mayor Bright called the meeting to order at 5:30 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
ROLL CALL
City Council: Council Members Daniel Rushing , Zach Zimmerman, Mayor Pro Tern Robert Robert, and Mayor Karen Bright were present. Clint Weirick was not present.
City Staff: City Manager Matthew Bronson, City Attorney Rob Lomeli, Assistant City Manager Kristin Eriksson, and City Clerk Wendi Sims were in attendance.
PUBLIC COMMUNICATIONS
The Mayor opened the floor to any member of the public for comment on any items listed on the agenda.
• Loren Westphal
• Elizabeth Doukas
No further comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.
CLOSED SESSION
Mayor Bright recessed the meeting into closed session at 5:32 p.m.
It is the intention of the City Council to meet in Closed Session concerning the following item :
A. CONFERENCE WITH LEGAL COUNCIL -EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach; Wendi Sims, in her official capacity as Clerk and Election Officer of the City of Grover Beach; and DOES 1-1 0, Inclusive (Respondents and Defendants); and Daniel Rushing, in his official capacity as a member of the City Council of the City of Grover Beach; and DOES 11-20, Inclusive (Real Parties in Interest and Defendants).
Government Code section 54956.9(d)(1)
Closed Session announcement(s): The City Council reconvened at 5:39 p.m. and Mc:yor Bright announced:
Approval of Litigation Defense pursuant to Gov. Code§ 54957.1(a)(2).
First Action: Motioned by Council Member Zimmerman and Seconded By Mayor Pro Tern Robert authorizing City Attorney Robert Lomeli and the Law Firm of Lozano Smith to defend against the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City and authorizing the City Attorney and the law firm Lozano Smith to defend, litigate and act on behalf of the City as reasonably required and to serve as the City's designated representative.
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Rushing, Zimmerman, Mayor Pro Tern Robert and Mayor Bright
Council Members - None.
Council Members - Weirick
Council Members - None.
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
Minutes: City Council Meeting
Thursday, May 9, 2024
Second Action: Motioned by Mayor Bright and Seconded By Council Member Zimmerman for approval of Joint Representation of City Clerk Wendi Sims in the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City, and pursuant to a duty of the City to defend under Government Code section 825.
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members - Rushing, Zimmerman, Mayor Pro Tern Robert and Mayor Bright
Council Members - None.
Council Members - Weirick
Council Members - None.
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
Third Action: Motioned by Mayor Bright and Seconded by Mayor Pro Tern Robert for approval of Joint Representation of Council Member Daniel Rushing in the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City.
AYES: Council Members - Zimmerman, Mayor Pro Tern Robert and NOES:
ABSENT:
ABSTAIN:
Mayor Bright
Council Members - None.
Council Members - Weirick
Council Members - Rushing
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 5:40 p.m.
Attest:
WENDI SIMS, CITY CLERK
(Approved at CC Mtg 5i28/2024)
KARENBRIGHT,MJ\OR
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