HomeMy WebLinkAbout05b. Minutes - 11-12-19 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 12, 2019
The City Council of the City of Downey held a Regular City Council Meeting on November 12,
2019, at 6:31 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, with 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 (excused)
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Mark Gillaspie, Fire Chief
Aldo E. Schindler, Community Development Director
Delfino Consunji, Public Works Director
Anil Gandhy, Finance Director
James McQueen, Human Resources Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Dale and Brenda Warner. The Pledge of Allegiance was led by
Alex Bernard.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Mayor Rodriguez thanked everyone for their prayers and concerns. He stated that he was glad
to return to preside over tonight's City Council meeting.
Council Member Frometa welcomed Mayor Rodriguez back to the dais. She welcomed the
audience to the meeting. She reported attending the Veteran's Day Ceremony and acknowledged all
the Veterans in the audience. She acknowledged Michael Calvert, Carrie Uva, Joanna Peterson, Chad
Oberly, Commissioner Frometa and Roy Beard in the audience. She announced upcoming events: 5K
for 5 King Benefit Run, 32nd Annual Downey Mayor's Prayer Breakfast, Elf Run 5K, and the Downey
Christmas Parade. She reported attending Downey's Pumpkin Patch and thanked Director Passow and
staff for the successful event. She requested for the upcoming year some additional safeguards to
ensure public safety on Halloween night.
Council Member Ashton welcomed the audience to the meeting. He mentioned the Housing
Resource Fair held at the Barbara J. Riley Senior Center and inquired when another event would be
conducted. He also asked how the information provided at the event is being disseminated to the
public. Director Schindler confirmed the information is being disbursed via social media; the public can
contact the Community Development Department; and, staff will add a link to the City's website.
City Council Minutes
Regular Meeting — November 12, 2019
Council Member Ashton reported attending the Southern California Association of Governments
meeting and reported on the regional housing needs assessment. He commented regarding the lack of
available land which is required to achieve the level of housing units recommended by the State. He
announced the upcoming Keep Downey Beautiful Clean Up event. He requested staff conduct a study
to identify all the historical buildings in the City. He inquired about the installation of the signs in the
center medians along Paramount Blvd. Director Consunji confirmed the signs are being installed this
week.
Mayor Pro Tem Pacheco welcomed and stated it was a pleasure to have Mayor Rodriguez
back. She welcomed the audience to the meeting. She acknowledged Kim Tachiki-Chin of
Congresswoman Lucille Roybal-Allard's office in the audience. She reported attending the Cerritos
College's State of the College 2019 and commented regarding the increase in graduation rates. She
attended the Downey High School vs. Warren High School Football game; and, the Pumpkin Patch
event and thanked Director Passow and staff for a great event. She announced upcoming events: Keep
Downey Beautiful Clean Up and 32nd Annual Downey Mayor's Prayer Breakfast.
Mayor Rodriguez welcomed the audience to the meeting. He reported attending the Downey
Care Collaborative meeting and mentioned the Thanksgiving Dinner being provided to the seven High
School Seniors in foster care in the City of Downey. He attended Fellows in Government; Learn4Life
tour; Calvary Chapel Downey's Veteran's Day Celebration; Father -con 2019; Cerritos College's State of
the College 2019; Cerritos College Donor Luncheon and he reported on the increase in homelessness
for college students. He announced Mayor Pro Tem Pacheco and Captain Murray were inducted into
the Downey High School's Hall of Fame. He announced the upcoming Downey One Day of Service
event kick-off celebration at Rancho Los Amigos National Rehabilitation Center.
PRESENTATIONS
1. Mayor Rodriguez presented the Mayor's Servant Heart Award to Alex Vargas. Mayor Rodriguez
with assistance from Carol Rowland presented the Mayor's Servant Heart Award to the Frase
Family. Mayor Rodriguez presented the Mayor's Servant Heart Award to Alex Bernard, and Samuel
Jehoratnam.
2. Mayor Rodriguez with assistance from Chief Gillaspie presented the Downey's Finest Award to
Carlos Guerra.
3. Mayor Rodriguez with assistance from Chief Gillaspie and Emergency Manager Khlok presented
Certificates of Recognition to CERT Program Graduates.
4. Mayor Rodriguez with assistance from Mayor Pro Tem Pacheco presented a Proclamation in
Recognition of Breast Cancer Awareness Month to Soroptimist International of Downey.
5. Mayor Rodriguez with assistance from Council Member Frometa presented a Proclamation in
Recognition of Domestic Violence Month to Soroptimist International of Downey.
PUBLIC HEARING: None.
RECESS/RECONVENE
Mayor Rodriguez recessed the City Council meeting at 7:41 p.m. Mayor Rodriguez reconvened
the City Council meeting at 7:52 p.m. with all Council Members present and Council Member Saab
excused.
City Council Minutes
Regular Meeting — November 12, 2019 2
NON -AGENDA PUBLIC COMMENT
Mayor Rodriguez opened non -agenda public comment.
Armando Herman, resident, commented regarding Freedom of Speech; homelessness; Veteran
housing; discrimination; development of new housing; and, political leaders.
Cesar Flores commented regarding electioneering, rent control, corporate landlords, political
leaders, and mental health awareness.
Edna Ibarra, resident, commented regarding street maintenance and repairs; naming
convention of events; Police Department's equestrian units and tactical armored vehicles; and, the
median islands installed on Paramount Blvd.
Resident, no named provided, thanked Council Member Ashton for his support of an urgency
ordinance for no-fault evictions.
Catherine Alvarez, resident, commented regarding social media; and, in support of an urgency
ordinance for no-fault evictions.
Resident, no name provided, commented in opposition of rent control; and, in support of
efficient transportation and the construction of new housing.
Dr. Rodolfo Cortes Barragan commented regarding Veteran housing, healthcare, City of
Downey Demographics, political leaders, and rent control.
Christopher Rowland, resident, commented regarding restricted parking process, public
urination, drinking in public, debris, loud patrons and code violations at two businesses near his
residence.
Rosario Sandoval, resident, commented in support of rent control.
Alvaro Rodriguez, resident, commented regarding communism, a Veteran's ultimate sacrifice,
discrimination, homelessness, political leaders, and in support of rent control.
John Velasco, resident, commented in support of Downey's Elected Officials and public
servants.
Hector Schmidt, resident, welcomed Mayor Rodriguez back. He thanked the Fire Department
for the quick response to retrieve asbestos material.
Adrian Alvarez, non-resident, commented regarding the separation of Church and State,
Freedom of Speech and political leaders.
Alex Vargas, resident, commented regarding his support of Mayor Rodriguez for his
commitment to assist the homeless; and, he implored the Council to continue doing a great job.
Alan D. Halstensgaard, commented against abortion.
Joseph Moreno, non-resident, commented in support of rent control and street maintenance, in
opposition to public urination and code enforcement violations and political leaders.
Jeff McCaughan, resident, commented regarding the installation of shelters at Furman Park.
Isaac Garcia, resident, commented in support of rent control.
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Regular Meeting — November 12, 2019 3
Sam Jehoratnam, resident, commented regarding beneficial programs offered by the City of
Downey; and, invited the audience to visit Desert Reign Church for assistance.
Noemi Jauregui, resident, commented in support of rent control.
Juan Martinez, resident, commented in support of rent control.
City Attorney Abich Garcia stated for the record during the Public Comment period the members
of the public are allowed five minutes to provide their comments; and, the City Council will be able to
continue the meeting and address other matters on the agenda including Item No. 19.
Having no one else come forward, Mayor Rodriguez closed non -agenda public comment.
CONSENT CALENDAR
Mayor Rodriguez asked if there was anyone present who would like to comment on Consent
Calendar items.
Armando Herman, resident, commented regarding Item Nos. 5 and 16; American Disability Act
compliance; public school funding; and, the median islands on Paramount Boulevard.
Having no one else come forward, Mayor Rodriguez closed the Consent Calendar public
comment.
Mayor Rodriguez abstained from Item No. 1 Special Meeting Minutes of October 22, 2019 and
Regular Meeting Minutes of October 8, 2019.
It was moved by Council Member Ashton, seconded by Mayor Pro Tem Pacheco and approved
unanimously with Mayor Rodriguez abstaining from Item No. 1, and Council Member Saab excused, to
approve the Consent Calendar.
1. APPROVED MINUTES: Special Meeting of October 22, 2019; Regular Meeting of October 8, 2019:
City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 337996 — 338546; Payroll Wire Nos. 30003920, 30003927 &
30003929 — 30003932; and, Manual Wire Nos. 1921 — 1922 in the total amount of $6,531,762.86:
Finance.
3. ACCEPTED AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,565,000 TO
HARDY & HARPER, INC. FOR THE PARAMOUNT BLVD. MEDIAN ISLAND IMPROVEMENTS
BETWEEN FIRESTONE BLVD. AND FLORENCE AVE. (PHASE 2); AUTHORIZED TRANSFER
$284,500 IN PROPOSITION C FUNDS FROM ACCOUNT NO. 54-1-7806 TO ACCOUNT NO. 54-
1-6702 TO COVER THE SHORTFALL IN FUNDING; AUTHORIZED THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ANY AMENDMENTS TO THE AGREEMENT DEEMED
NECESSARY; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO EXECUTE ANY
CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED
NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL
IMPROVEMENT PROJECT NO. 14-19): Public Works.
4. REJECTED ALL BIDS RECEIVED FOR THE WILDERNESS PARK PONDS RESTORATION
PROJECT; AUTHORIZED SOLICITATION OF BIDS FROM MULTIPLE PRIME CONTRACTORS;
AND, AUTHORIZED STAFF TO PURCHASE A PRE -FABRICATED PEDESTRIAN BRIDGE
SYSTEM THROUGH A SOLE SOURCE INFORMAL BID PROCESS (CAPITAL IMPROVEMENT
PROJECT NO. 15-21): Administration.
City Council Minutes
Regular Meeting — November 12, 2019 4
5. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $379,673.50 TO CJ
CONCRETE CONSTRUCTION, INC. FOR THE ANNUAL MISCELLANEOUS CONCRETE
CONSTRUCTION AND REPAIRS (COUNCIL DISTRICT 4) AND ADA IMPROVEMENTS
(CITYWIDE) PROJECTS; AUTHORIZED TRANSFER OF $226,050 OF BUDGETED GAS TAX
FUNDS FROM ACCOUNT NO. 30-1-6788 TO ACCOUNT NO. 30-1-6761 TO COVER
SHORTFALL IN FUNDING; APPROVED AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL
DISTRICT FOR PARKWAY IMPROVEMENTS ADJACENT TO VARIOUS SCHOOL CAMPUSES;
AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY
AMENDMENTS DEEMED NECESSARY; APPROPRIATED AN ADDITIONAL $30,000 IN DUSD
REIMBURSABLE FUNDS IN ACCOUNT NO. 26-1-6761 TO COVER SHORTFALL IN FUNDING;
AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS
OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-11): Public
Works.
6. ACCEPTED WORK FOR WELL NO. 16 REHABILITATION; APPROVED FINAL CONTRACT
AMOUNT OF $115,609.50; AND, AUTHORIZED DIRECTOR OF PUBLIC WORKS TO FILE
NOTICE OF COMPLETION: Public Works.
7. AUTHORIZED THE AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF
ADMINISTRATIVE HEARINGS (OAH) TO PROVIDE ADMINISTRATIVE SERVICES FOR
PERSONNEL PROCEEDINGS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE FOR
CERTAIN PUBLIC SAFETY MEMBER APPEAL PROCEEDINGS; AND, AUTHORIZED THE CITY
MANAGER TO EXECUTE THIS AGREEMENT: Human Resources.
8. AUTHORIZED THE MAYOR TO EXECUTE A LEGAL SERVICES AGREEMENT BETWEEN THE
CITY AND THE LAW OFFICES OF BRIAN T. RILEY FOR WORKER'S COMPENSATION
MATTERS: Human Resources.
9. APPROVED A PROFESSIONAL SERVICES AGREEMENT FOR THE PUBLICATION OF LEGAL
NOTICES WITH THE DOWNEY PATRIOT FOR THE PERIOD BEGINNING NOVEMBER 1, 2019
TO JUNE 30, 2020: City Clerk.
10. APPROVED A SERVICES CONTRACT AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL
SERVICES, INC. IN THE AMOUNT OF $140,000 ANNUALLY FOR HAZARDOUS MATERIALS
DISPOSAL AND EMERGENCY ABATEMENT SERVICES; AUTHORIZED THE MAYOR TO
EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY
AND ALL AMENDMENTS TO THE AGREEMENT: Public Works.
11. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE EMERGENCY
MANAGEMENT, INC. IN THE AMOUNT OF $29,998.08 TO BE COMPLETED BY FEBURARY 28,
2020 FOR THE EMERGENCY SHELTER PLANNING SERVICES; AUTHORIZED THE MAYOR
TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
ANY AND ALL AMENDMENTS: Fire.
12. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DIXON RESOURCES UNLIMITED TO
PROVIDE AN ANNUAL DOWNTOWN PARKING ASSESSMENT FOR AN AMOUNT NOT TO
EXCEED $22,761: Community Development.
13. AUTHORIZED THE MAYOR TO EXECUTE THE ATTACHED AMENDMENT TO THE SPECIAL
SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF LIEBERT CASSIDY
WHITMORE (LCW): Human Resources.
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Regular Meeting — November 12, 2019 5
14. ADOPTED RESOLUTION NO, 19-7909, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING AN UPDATED COMPREHENSIVE PAY SCHEDULE IN COMPLIANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5: Human Resources.
15. ADOPTED RESOLUTION NO. 19-7910, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, UPDATING THE CITY'S RECORDS RETENTION SCHEDULE, READOPTING
THE CITY'S POLICY REGARDING THE DISPOSITION OF OBSOLETE RECORDS, AND
RESCINDING RESOLUTION NO. 17-7711: City Clerk.
16. RECEIVED AND FILED THE CITY OF DOWNEY ADA TRANSITION PLAN ANNUAL REVIEW
AND UPDATE: Public Works.
17. APPROVED THE PARADE PERMIT/STREET CLOSURE APPLICATION SUBMITTED BY THE
DOWNEY CHAMBER OF COMMERCE FOR THE ANNUAL HOLIDAY PARADE ON SUNDAY,
DECEMBER 1, 2019: Administration.
ADMINISTRATIVE REPORTS
Mayor Rodriguez took this item out of order.
19. DISCUSSED AND PROVIDED DIRECTION REGARDING PROHIBITING NO-FAULT EVICTIONS
TO PROTECT TENANTS UNTIL JANUARY 1, 2020 WHEN AB 1482 TAKES EFFECT: Council
Member Ashton.
Mayor Rodriguez announced he would abstain from Item No. 19, due to owning rental property
within the City and left the dais.
Council Member Ashton requested the item to be agendized.
City Attorney Abich Garcia provided the staff report. She reported surveying 19 Cities who
adopted emergency No -Fault Eviction Ordinance and received 16 responses. She stated that some
Cities added their own unique provisions to address local issues; however, her report is solely on the
common denominators of the adopted ordinances. The No -Fault Eviction Ordinances only apply to
tenants currently in possession of the premises and the eviction notice has not expired. The ordinance
list the elements, mirroring AB 1482, in which a landlord may evict a tenant as: default of rent payment,
nuisance, engaging in criminal or unlawful activity, breach a material term of the rental agreement or
lease, or subletting the premises to a third party. She mentioned the ordinance applying to buildings
built January 1, 2005 or before; and, prohibits landlords from evicting tenants for no -cause. The
ordinance exempts the following: motels, residential care facilities and nursing homes, hospitals,
dormitories at colleges or universities, single family homes, rental of rooms for owner occupied single
family homes sharing facilities, and owner occupied duplexes.
City Attorney Abich Garcia reported the ordinances were adopted by cities by urgency,
meaning they were introduced and adopted the same day. In order for the City to adopt an urgency
ordinance and the City Council needs to make certain findings as there being an immediate need to
preserve the public peace, health and safety of the residents or community. The urgency ordinance,
under State Government Code, requires a 4/5 vote of the entire membership of the Council. In this
case, as in most of the urgency ordinances, would be set to expire on December 31, 2019, as a stop
gap measure until AB 1482 takes effect on January 1, 2020.
Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on
Item No. 19.
Ignacio Gonzalez, resident, commented in support of an urgency ordinance for no-fault
evictions.
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Regular Meeting — November 12, 2019 6
Armando Herman, resident, commented in support of an urgency ordinance for no-fault
evictions; affordable housing; and, Freedom of Speech.
Beatrice Sandoval, Everyone In - United Way Representative, commented in support of an
urgency ordinance for no-fault evictions; and, offered information regarding services provided by
Everyone In - United Way of Greater Los Angeles.
Mayra Cruz, resident, commented in support of an urgency ordinance for no-fault evictions.
Guillermina Flores, resident, commented in support of an urgency ordinance for no-fault
evictions.
Alex Contreras, resident, commented in support of an urgency ordinance for no-fault evictions.
Abel Dominguez, resident, commented in support of an urgency ordinance for no-fault
evictions.
Rosa Sandoval, resident, commented in support of an urgency ordinance for no-fault evictions.
Mia Martinez, resident, commented in support of an urgency ordinance for no-fault evictions.
Raul Navarez, resident, commented regarding Assembly Bill 1482; and, urged the City Council
to take no action on Item No. 19.
Maria Villagomez, resident, commented in support of an urgency ordinance for no-fault
evictions; and, thanked Council Member Ashton for his support regarding this item.
Carmen Rojas, resident, thanked Council Member Ashton for his support regarding this item;
and, she commented in support of an urgency ordinance for no-fault evictions.
Maria Vera, resident, commented in support of an urgency ordinance for no-fault evictions.
Veronica Vera, resident, commented in support of an urgency ordinance for no-fault evictions.
Soledad Hernandez, resident, commented in support of an urgency ordinance for no-fault
evictions.
Mireya Lizarraga, resident, commented in support of an urgency ordinance for no-fault
evictions.
Velma Baltazar, resident, thanked Council Member Ashton for his support regarding this item;
and, commented in support of an urgency ordinance for no-fault evictions.
Angeles Campos, resident, commented in support of an urgency ordinance for no-fault
evictions.
Jorge Rivera, Regional Coordinator of Tenants Together, commented in support of an urgency
ordinance for no-fault evictions; a retroactive freeze on rent increases; and, homeless shelters.
Faraz, resident, commented in support of an emergency moratorium for no-fault evictions.
City Council Minutes
Regular Meeting — November 12, 2019 7
RECESS/RECONVENE
Mayor Pro Tem Pacheco recessed the City Council meeting at 10:45 p.m. Mayor Pro Tem
Pacheco reconvened the City Council meeting at 10:56 p.m. with Council Members Ashton and
Frometa present.
Carlos Rojas, resident, commented in support of an urgency ordinance for no-fault evictions.
Rodrigo Sanchez, resident, commented in support of an urgency ordinance for no-fault
evictions.
Yasir Arceo, resident, commented in support of an urgency ordinance for no-fault evictions.
Juan Francisco Vera, resident, commented in support of an urgency ordinance for no-fault
evictions.
Resident, no name provided, commented in opposition of an urgency ordinance for no-fault
evictions.
Resident, no name provided, commented in support of an urgency ordinance for no-fault
evictions; and, thanked Council Member Ashton for his support regarding this item.
Elsa Arce, resident, commented in support of an urgency ordinance for no-fault evictions.
Mireya Guzman, resident, commented in support of an emergency moratorium for no-fault
evictions; and, thanked Council Member Ashton for his support.
Catherine Alvarez, resident, commented in support of an urgency ordinance for no-fault
evictions.
Anthony Felix, resident, commented regarding homeless services and solutions; and, the City's
protocol for voting to approve the urgency ordinance for no-fault evictions.
Adrian Alvarez, non-resident, commented in support of an urgency ordinance for no-fault
evictions.
City Clerk Duarte announced correspondence was received from Elsa N. Arce and Elizabeth
Romero in favor of a moratorium to stop no-fault evictions.
Mayor Pro Tem Pacheco commented regarding homelessness and inquired what the Eden
Roc Apartment tenants can do regarding habitability issues. Director Schindler recommended the
tenants contact Code Enforcement to report code issues. He reported there are currently 32 open
cases at the Eden Roc Apartments.
Mayor Pro Tem Pacheco mentioned there are agencies providing tenant's right's protection
and recommended the tenants consult with tenant right's attorneys to protect their legal rights.
Director Schindler mentioned counseling, legal assistance, and tenant mediation resources
were provided at the Housing Rights Resource Fair by County services and the City's partners
including The Whole Child. He recommended the audience contact the Housing Division for additional
information.
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Regular Meeting — November 12, 2019 8
Mayor Pro Tem Pacheco stated four Council Members must vote in support of an urgency
ordinance prohibiting no-fault evictions to pass the ordinance and tonight only three Council Members
are present. She recommends the item be carried to the next City Council meeting.
Council Member Frometa commented regarding immigrants, homelessness, civil engagement
and advised the residents that their comments have not fallen upon deaf ears and she comprehends
their plight. She stated housing is a complicated issue and currently grappling all cities throughout the
State of California. She reiterated the City of Downey's Housing Division has held a Housing Rights
Resource Fair and are providing information and assistance to the community. She supported Mayor
Pro Tem Pacheco's recommendation to carry the item to the next City Council meeting.
Council Member Ashton thanked the audience for attending the meeting. He commented
regarding the First Amendment, lack of housing, lack of adequate transportation, and education costs.
He stated his decision to request the item be placed on the agenda was based on the approval of
Assembly Bill 1482. The Bill was meant to protect tenants however the Bill left a gap which provided
landlords the opportunity to evict tenants. He stated Code Enforcement has been addressing the
reported code violations. He expressed the urgency for the City Council to take action to resolve the
gap left in Assembly Bill 1482 to provide a sense of stability. He proposed staff create an urgency
ordinance based on the language in Assembly Bill 1482 which would become effective upon the
passing of the urgency ordinance.
Mayor Pro Tem Pacheco confirmed the action would be to continue the item to next week and
direct staff to draft an ordinance for an emergency moratorium to prohibit no-fault evictions to protect
tenants until January 1, 2020.
Council Member Ashton proposed the ordinance include prohibiting no-fault evictions and the
entire language of Assembly Bill 1482.
City Attorney Abich Garcia confirmed Council Member Ashton's proposal and direction to draft
an urgency ordinance which would be more than prohibiting no-fault evictions and implement Assembly
Bill 1482 as of the adoption of the urgency ordinance on November 20, 2019.
Council Member Frometa recommended the urgency ordinance only include prohibiting no-
fault evictions.
City Attorney Abich Garcia reiterated the options available before the City Council which
include the option to continue discussion of the item until the next City Council meeting; second option
would be to direct staff to draft a no-fault eviction ordinance; third option to draft an ordinance
implementing Assembly Bill 1482 effective November 20, 2019; and, final option to take no action.
Mayor Pro Tem Pacheco suggested drafting an ordinance to prohibit no-fault evictions to
protect tenants until January 1, 2020 when Assembly Bill 1482 becomes effective. She recommended
the audience speak with an attorney should they receive an unlawful detainer to better understand their
rights. She requested staff provide the Council with the number of calls received up to November 11,
2019 regarding evictions to see if the number of calls has increased for the entire City.
City Manager Livas announced the City will host another Housing Rights Resource Fair inviting
non-profit agencies and Housing Rights attorneys to attend and Housing Division will continue to
provide information to residents.
City Attorney Abich Garcia recommended a formal action be taken by the Council. She stated
the motion is to direct staff to draft an ordinance prohibiting no-fault evictions; provide Council with the
number of calls received City-wide related to evictions prior to November 12, 2019; and, return with a
proposed urgency ordinance on November 20, 2019 at the Adjourned Regular City Council Meeting.
City Council Minutes
Regular Meeting — November 12, 2019 9
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Pacheco and
approved unanimously with Mayor Rodriguez abstaining, and Council Member Saab excused, to direct
staff to draft an ordinance prohibiting no-fault evictions; provide Council with the number of calls
received City-wide related to evictions prior to November 12, 2019; and, return on November 20, 2019
at the Adjourned Regular City Council Meeting.
City Attorney Abich Garcia reiterated when the item returns before City Council on November
20, 2019, the urgency ordinance will require four affirmative votes, to be adopted.
RECESS/RECONVENE
Mayor Pro Tem Pacheco recessed the City Council meeting at 12:14 a.m. Mayor Pro Tem
Pacheco reconvened the City Council meeting at 12:18 a.m. with Council Member Saab excused.
18. ADOPTED RESOLUTION NO. 19-7911, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING COMPENSATION FOR THE POSITION OF FIRE CHIEF: Human
Resources.
City Manager Livas announced Human Resources Director McQueen would provide the staff
-•.
Director McQueen provided a brief history regarding salary range adjustments for the Fire
Chief position. In accordance with Senate Bill 1436 local agencies must report out certain information
before changing the compensation or benefits of their Executives. Under this law, legislative bodies for
agencies must orally report a summary of a recommendation for changes in salaries or benefits before
voting for the changes. The votes must be taken in open session portions of the meeting.
The proposed monthly salary increase includes a 5% increase to establish a 10% total
compensation differential between the Fire Chief and his highest paid subordinate, the new proposed
monthly salary range for the position of Fire Chief is $16,062.11 to $19,595.78 per month effective the
pay period that includes November 12, 2019; and, sufficient funding is included in the Fiscal Year 2019-
20 Budget.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented in support of Item No. 18.
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Council Member Ashton, seconded by Council Member Frometa and
approved unanimously with Council Member Saab excused, to adopt Resolution No. 19-7911, a
Resolution of the City Council of the City of Downey establishing compensation for the position of Fire
Chief.
STAFF MEMBER COMMENTS
City Manager Livas stated the City Council has taken the difficult process regarding rent control
very deliberately. He stated Assembly Bill 1482 is a rent control Bill. The Bill controls the amount that a
landlord can increase in rents; it does not allow a landlord to increase rents as he deems appropriate.
He stated the number one production of affordable housing was done through Redevelopment
Agencies which the State eliminated several years ago and the City has not been able to develop many
affordable housing units due to lack of funding. He commented on Council Member Ashton's report
regarding the Southern California Association of Government seeking to increase the total number of
housing units. He said, while it is true that the City is well under the number of units required, the City is
also faced with a quality of life issues.
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Regular Meeting — November 12, 2019 10
City Manager Livas clarified with regards to the Dia de los Muertos event the City did not host
an event this year due to the construction the City is undertaking. This year's event was hosted by
Courage Forward which was held in a different venue; therefore, it was not a City event and the City
has no control over the naming convention. He stated the Downey Mounted Police Force's horse
training, feeding and boarding is paid for by the two Police Officers, the City is not responsible for any
fees associated with the Downey Mounted Police Force. He stated that the purchase of the tactical
armored vehicle was necessary in light of the active shooter incident that took place in EI Paso, Texas.
Had the Police Department owned a tactical armored vehicle the Officers would have been able to
enter the mall and end the incident sooner. He added in active shooter cases it is very important for the
City to ensure public safety and the safety of the Officers.
City Manager Livas announced the City Council spent $16.9 million in Fiscal Year 2017-18 on
street maintenance; and, in Fiscal Year 2019-20 the City Council budgeted $27.6 million for street
maintenance which is quite a dramatic increase and it is one of the reasons why people want to move
to the City of Downey. He welcomed Mayor Rodriguez back.
ADJOURNMENT
Mayor Rodriguez adjourned the Regular City Council meeting of November 12, 2019, on
November 13, 2019 at 12:30 a.m. to Wednesday, November 20, 2019, in memory of EI Dorado County,
Nevada Sheriff Deputy Brian Ishmael, killed in the line of duty; Sgt. Nathaneil G. Irish, 23, of Billings,
Montana who was supporting Operation Inherent Resolve; Retired Downey Fire Department Captain
Ralph Friend; and, longtime friend of the Downey Fire Department, Jay Bressler.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor Pro Tem
City Council Minutes
Regular Meeting — November 12, 2019 11