HomeMy WebLinkAboutMinutes 11-20-19 Regular MeetingMINUTES OF
CITY COUNCIL OF OF DOWNE
ADJOURNED
NOVEMBER 1
The City Council of the City of Downey held an Adjourned Regular City Council Meeting on
November 20, 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
embers:
Rick Rodriguez Mayor
Blanca Pacheco Mayor Pro Tem
Sean Ashton Council Member
Claudia Frometa Council Member
Alex Saab Council Member
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
Anil Gandhy, Finance Director
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
James McQueen, Human Resources Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Greg Welch. The Pledge of Allegiance was led by Greg Welch.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He acknowledged Giggy Saab,
Michael Calvert, Ron Coler, Commissioner Cotaya and Commissioner Frometa in the audience. He
announced upcoming events: Southern California Resource Services for Independent Living Turkey
Giveaway; Downey Chamber of Commerce Elf Run 5K; Downey Christmas Parade; and, ribbon cutting
events at Apollo and Dennis the Menace Parks.
Council Member Frometa welcomed the audience to the meeting. She reported attending the
One Day of Service event, 5K for 5 King Benefit Run and the 32nd Annual Downey Mayor's Prayer
Breakfast. She announced the upcoming ribbon cutting events at Apollo and Dennis the Menace Parks.
Council Member Ashton welcomed the audience to the meeting. He reported attending the
Keep Downey Beautiful Clean Up and the One Day of Service events. He announced upcoming events:
The TreePeople's tree giveaway; Housing Resource Fair on December 9; and, ribbon cutting events at
Independence, Apollo and Dennis the Menace Parks.
Mayor Pro Tem Pacheco welcomed the audience to the meeting. She reported attending a tour
of Carpenter Elementary School's dual -language immersion program for TK and Kindergarten classes;
One Day of Service event; 5K for 5 King Benefit Run; and, the Annual Downey Mayor's Prayer
Breakfast. She announced upcoming events: ribbon cutting events at Independence, Apollo and Dennis
City Council Minutes
Adjourned Regular Meeting — November 20, 2019
the Menace Parks; and, Downey Tree Lighting. She urged the audience to participate in the Census
2020.
Mayor Rodriguez welcomed the audience to the meeting. He reported attending the Californ'
Contract Cities meeting hosted by the City of Downey; serving as guest speaker to the Sen iors
Warren High School; Downey's Employees' Service Awards Luncheon; met with the new Presidentis
PIH Health; United States Army Advisory Board for Los Angeles Battalion's Metal of Valor Banqu
One Day of Service event; The Church of Jesus Christ of Latter-day Saints' Socktober event; and, t -
Annual Downey Mayor's Prayer Breakfast.
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Mayor Rodriguez announced he would abstain from Item No. 1, due to owning rental property
within the City and left the dais.
City Attorney Abich Garcia presented the staff report for this item. She provided a summaryis
the history, purpose and intention of the proposed ordinance. She stated the ordinance would prote
tenants currently in possession of rental premises who received an eviction notice that has not expire
She stated the urgency ordinance, if adopted, would be effective immediately to prevent owners
residential rental property from evicting tenants for no -cause until AB 1482 takes effect on January
2020. She stated the responsibility to enforce any violations will be placed upon the tenant and th
legal counsel. The ordinance exempts the following: motels, residential care facilities and nursi
homes, hospitals, dormitories at colleges or universities, single family homes, rental of rooms for own
I
occupied single family homes sharing facilities, and owner occupied duplexes. She mentioned the leg
and housing resource information that was provided to residents at the Housing Resource Fair can
obtained through the Community Development Department.
City Clerk Duarte announced the City received 13 email communications from residents in favor
#,f a moratorium for no-fault evictions and one email communication was received in opposition of a
moratorium for no-fault evictions.
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homelessness and, political figures.
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Adjourned Regular Meeting — November 20, 2019 2
Art Montoya, resident, commented in support of an urgency ordinance for no-fault evictions and
homeless prevention.
Resident, no name provided, commented in support of an urgency ordinance for no-fault
evictions and the creation of a rent control board; and, the importance of education.
Edward Hubert, resident, commented in opposition of rent control and the adoption of an
urgency ordinance to prohibit no-fault evictions.
Ron Collier, resident, commented in opposition of rent control and the adoption of an urgency
ordinance to prohibit no-fault evictions; and, opposed to Eden Roc Apartments' inflated rent increases.
Veronica Del Cid, resident, commented in support of an urgency ordinance for no-fault
evictions, rent control, and freedom of speech.
John Lacey, resident, commented regarding adversity in life; and, in opposition of rent control
and the adoption of an urgency ordinance to prohibit no-fault evictions.
Mireya Guzman, resident, commented in support of an urgency ordinance for no-fault evictions
and rent control.
Carmen Rojas, resident, commented in support of an urgency ordinance for no-fault evictions
and rent control.
Alfredo Garcia, resident, commented in support of an urgency ordinance for no-fault evictions
and rent control.
Resident, no name provided, commented regarding California's Housing Crisis and in support of
an urgency ordinance for no-fault evictions.
Barbaro Rodriguez, resident, commented in support of an urgency ordinance for no-fault
evictions; and, the importance of education.
Edna Ibarra, resident, commented regarding freedom of speech, the City's meeting rules, in
support of an urgency ordinance for no-fault evictions and in support of Eden Roc residents.
Lourdes Galvez, landlord, commented in opposition of rent control and opposed the adoption of
an urgency ordinance to prohibit no-fault evictions; and, encouraged diversity.
Adriana Contreras, resident, commented in support of an urgency ordinance for no-fault
evictions; and, homeless prevention.
Wayne Spindler, non-resident, commented in support of rent control; and, in opposition of
adopting an urgency ordinance to prohibit no-fault evictions.
Adrian Alvarez, non-resident, commented in support of an urgency ordinance for no-fault
evictions.
Jorge Rivera, Tenants Together Representative, 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.
Mia Martinez, resident, commented in support of an urgency ordinance for no-fault evictions and
rent control.
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Adjourned Regular Meeting — November 20, 2019 3
Dan Varz, resident, commented in opposition of the adoption of an urgency ordinance to prohi
no-fault evictions. I
Lupe, resident, commented in opposition of the adoption of an urgency ordinance to prohibit n
fault evictions; Americans with Disabilities; Fair Housing Rights; and, Code Violations.
Catherine Alvarez, resident, commented in support of an urgency ordinance for no -fa
evictions, code enforcement and rent control.
Property owner, no name provided, commented in opposition of adopting an urgency ordinan
to prohibit no-fault evictions.
Rosie Hernandez, Downey Realtor, commented in support of an urgency ordinance for no -fa
evictions and rent control. I
Property owner, no name provided, commented in opposition of adopting an urgency ordinan
to prohibit no-fault evictions. i
Paula Mejia, property owner and resident, commented in support of an urgency ordinance f
no-fault evictions and homeless prevention. I
Mayor Pro Tern Pacheco recessed the City Council meeting at 9:03 p.m. Mayor Pro Tern
Pacheco reconvened the City Council meeting at 9:16 p.m. with Council Members Ashton, Frometa and
Saab present.
Angeles Campos, resident, commented in support of an urgency ordinance for no-fal
Lourdes Cotaya, resident, commented in opposition of adopting an urgency ordinance to
-Ailrohibit no-fault evictions and Assembly Bill 1482; and, affordable housing.
Jose De Leon, non-resident, commented in support of an urgency ordinance for no -fa
evictions; homeless prevention; and, code enforcement. i
Council Member Saab stated as a Member of the City Council he places serious thought and
Ieliberation into his decision on behalf of all parts of the community. He acknowledged the Statewide
housing crisis and the need for additional affordable housing. He mentioned several items being
considered when voting to pass an ordinance which would impede private business and its impact on
families, housing, and freedom. He stated rent control studies have been conducted and proven to
hinder the housing market and tenants in general. He stated if the ordinance passed it would not solve
the homeless issue. He commented on the Federal, State and County Housing Laws; Health and
Building Codes; and, Civil Procedures that protect tenants. He stated an economic analysis was not
conducted to provide how the ordinance would impact the housing market, tenants, and business
community. He proposed the creation of a subcommittee to monitor the housing and market supply. He
City Council Minutes
stated he was sympathetic; however, he could not support the ordinance due to the unintended
consequences on the tenants, property owners and the community in general.
Council Member Ashton thanked the audience for attending .the meeting. He commented
regarding actions that would be construed as being a bad tenant which include: not completing their
contractual obligations by refusing to pay rent, subleasing, or criminal activities and would still be
enforceable if the ordinance being proposed tonight was approved. He stated the City of Downey did
not vote to approve Assembly Bill 1482, effective January 1, 2020, however the City is forced to deal
with the ramifications of the Assembly Bill as it was written. The residents receiving 60 day no-fault
evictions to correct the market's inequality have requested the City Council to provide additional
protection until AB 1482 takes effect. He stated he requested and supports the ordinance.
Council Member Frometa addressed some comments that were taken out of context by stating
the City of Downey's Elected Officials do not receive payment for serving their community. She stated
she ran for office to serve the interest of all and not just a select group of people which is what she
considers when deliberating prior to voting on an item. She stated it is very difficult when a poorly
written law is approved because it holds local government captive to infringe upon the rights of
individuals. She is sympathetic to what has been presented but she has to take into consideration the
unintended consequences and repercussions and she does not support an urgency ordinance.
RECESS/RECONVENE
Mayor Pro Tem Pacheco recessed the City Council meeting at 9:46 p.m. Mayor Pro Tem
Pacheco reconvened the City Council meeting at 9:48 p.m. with Council Members Ashton, Frometa and
Saab present.
Mayor Pro Tem Pacheco stated tonight's decision is not one that will be made lightly. She
reiterated the City Council represents the entire City not just a small portion. She commented on the
misfortune that the speakers in attendance did not stay to hear about their tenant rights to seek legal
recourse. She stated Assembly Bill 1482 will become effective January 1, 2020, and any 60 -day notices
received after today would be covered under the new law. She stated she understands there is a
housing crisis but does not believe the ordinance would be a solution and she does not support the
urgency ordinance.
Council Member Ashton made a motion to adopt an urgency ordinance to temporarily prohibit
No -Fault Evictions of Tenants from Residential Rental Properties until December 31, 2019. The motion
died due to lack of a second.
Mayor Pro Tem Pacheco recessed the City Council meeting at 9:53 p.m. Mayor Rodriguez
reconvened the City Council meeting at 10:08 p.m. with all Council Members present.
Mayor Rodriguez opened non -agenda public comment.
Adriana Contreras, resident, commented regarding her aversion to the decision of Item No. 1.
Armando Herman, resident, commented regarding Americans with Disabilities; Freedom of
Speech; and Conflict of Interest.
Wayne Spindler, non-resident, commented regarding Item No. 1; Freedom of Speech; and, fair
housing.
City Council Minutes
Adjourned Regular Meeting — November 20, 2019 5
recommend Z Golf Food & Beverage Services, LLC. She also explained the agreed revenue stipulation
within the agreement.
Council Member Saab mentioned patrons inquiring to reserve the venue in 2020 and not being
able to reserve with the current vendor. Director Passow stated if the vendor is approved tonight, the
new vendor will begin to handle all reservation inquiries.
Council Member Saab inquired as to the ownership of the phones and website. City Manager
Livas confirmed the City owns the contact phone numbers for the venue and website. He stated the
website will be immediately reconfigured to reflect the appropriate vendor selected by the Council.
Council Member Saab stated his concern of Z Golf Food & Beverage Services, LLC being
corporate versus community based. William Zaruka, President of Z Golf Food & Beverage Services,
LLC, responded by stating the "Z" in the company name stands for the Zaruka family and it is a family
business. Mr. Zaruka provided the history of the business which started with his parents with a
municipality and how the business has expanded over the last 10 years. The business principal is
founded on integrating with existing communities.
Council Member Saab inquired if the vendor is willing to work with service clubs. Mr. Zaruka
confirmed the business is committed to work with the various 501(c) non-profit organizations and
community service groups to ensure they return to the venue.
Council Member Ashton thanked the representatives for their willingness to work with the non-
profit, PTA's and other service groups. He inquired whether wedding events have been profitable in the
past. Director Passow replied the current vendor not having maximized that particular source of
revenue.
Mr. Zaruka stated the transition will be two -fold; weddings are the primary pinnacle of their
business. He mentioned the business understands the golfer's needs on a day to day service and they
have the knowledge to maximize the revenue on banquets of which the golf course setting is highly
attractive for weddings. They understand how to market specifically to weddings and offer all-inclusive
packages which make weddings simple and less stressful.
Discussion ensued amongst the City Council regarding the 10 year term of the agreement due
to the lack of companies which offer the combined services required to host banquets and manage the
golf course business and the vendor's commitment to a $100,000 capital investment; the first year loss
of income during the transitional period due to additional marketing expenses and the zero revenue
stream due to lack of bookings; and, integrating the current staff with new staff and training.
It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Frometa and
approved unanimously with Mayor Rodriguez abstaining from Item No. 4, approved a ten year
agreement with Z Golf Food & Beverage Services, LLC for the operations of food and beverage
concessions at the Rio Hondo Golf Club.
Item No. 10 was continued to the December 10, 2019 City Council regular meeting.
10. APPROVE FINAL TRACT MAP NO. 74870 AND AGREEMENT FOR THE CONSTRUCTION OF
SUBDIVISION PUBLIC IMPROVEMENTS• ,r 8818 IMPERIAL
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Adjourned Regular Meeting — November 20, 2019 9
14. APPOINTED THE MAYOR PRO TEM FOR 2020; AND, APPOINTED THE MAYOR FOR 2020:
City Clerk.
Wayne Spindler, non-resident, commented regarding his suggestions for the appointments
Mayor and Mayor Pro Tem; Freedom of Speech; i.: leaders.
Armando Herman, resident, commented regarding the duties of the positions of Mayor and
Mayor Pro Tem; Freedom of Speech; and, political leaders.
Havinn no one else come forward, Mayor Rodriguez e-InSmrJ public comment
-U I. I — �J_ - - __ I-- comment.
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Council Member Ashton made a substitute motion to nominate Mayor Pro Tem Pacheco as
Mayor and Council Member Frometa as Mayor Pro Tern for 2020.
It was moved by Council Member Ashton, seconded by Council Member Pacheco, and carrieMe
unanimously to appoint Mayor Pro Tem Pacheco as Mayor for 2020; and, appoint Council Memb
Frometa as Mayor Pro Tern for 2020. 1
City Manager Livas thanked the representatives of Z Golf Food & Beverage Services, LLC f
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their patience during the meeting. He stated staff is looking forward to working with the vendor.
thanked Director Passow for her work on the project and Mayor Pro Tern Pacheco and Council Memb
Saab for their dedication while they served on the Rio Hondo Golf Club Subcommittee. He thank
Management Analyst Montenegro, staff and the volunteers for ensuring the One Day of Service eve
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was a success. He thanked the Public Works staff and the Police Department for making the Ri
Galvez 5K for 5 Kings Benefit Run a successful event.
F-11
Mayor Rodriguez adjourned the Reguiar City Councii meeting at 11:19 p.m., in memory of
Worcester, Massachusetts, Firefighter Lieutenant Jason Menard, killed in the line of duty; victims of the
shooting at Saugus High School in Santa Clarita; and, Bernard J. Tyson, CEO of Kaiser Foundation
Health Plan, Inc. and Hospitals.
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City Clerk Mayor
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Adjourned Regular Meeting — November 20, 2019 10