HomeMy WebLinkAbout02. Minutes - 03-24-20 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 24, 2020
The City Council of the City of Downey held a Regular City Council Meeting on March 24, 2020,
at 6:34 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
Claudia M. Frometa Mayor Pro Tem
Sean Ashton Council Member (teleconference)
Rick Rodriguez Council Member (teleconference)
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
Jason Chacon, Recreation Manager
James McQueen, Human Resources Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was led
by Mayor Pro Tem Frometa.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience participating in the meeting. He thanked City
Government; Medical Professionals; Police and Fire Departments; Parks and Recreation; and,
everyone in all capacities for stepping up and cooperating by doing their part during the COVID-19
pandemic. He encouraged the community to practice social distancing and stay at home. He
recognized City Manager Livas for continuing to demonstrate his capabilities and excellent leadership
during this unprecedented time. He announced City Government is continuing to work and tonight the
community will receive a COVID-19 update.
Mayor Pro Tem Frometa welcomed the audience participating in the meeting via various
methods of technology. She assured residents that the City is continuing to conduct the peoples’
business; and, thanked City Manager Livas and staff for their efforts during this time. She encouraged
the community to maintain social distancing protocols, continue to work together to combat the virus,
and asked the community not to panic while the situation continues to unfold. She reminded the
audience to follow the City’s website and social media updates. She asked the community members
requiring medical attention to be patient.
Council Member Rodriguez welcomed the audience participating in the meeting. He commented
regarding the food situation in the City; and, expressed his pride in Downey’s Latino Supermarkets:
Amapola Deli & Market, Vallarta Supermarkets and Northgate Gonzalez Markets for donating food to
help seniors, disabled Veterans and disadvantaged members of the community. He stated their spirit of
giving and goodwill resonates the community’s focus on the positive.
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Regular Meeting – March 24, 2020 2
Mayor Pacheco welcomed the audience participating in the meeting. She thanked City Manager
Livas and staff for maintaining City Hall operational. She announced the closure of City facilities in an
effort to protect the public from contracting COVID-19. She urged the residents to adhere to Governor
Newsom’s "Stay at Home" and L.A. County’s “Safer at Home” Orders to prevent the spread of the virus.
She reported walking her neighborhood to check on elderly neighbors and commended the residents
that were also conducting wellness checks. She emphasized the importance of routinely checking on
elderly neighbors; communication with all family, friends and neighbors to see if they require
assistance; and, encouraged everyone to continue to support local businesses. She stated that her
Council colleagues have been of great value and asset; and, thanked City Manager Livas, City Attorney
Abich Garcia and staff for working together and continued efforts to ensure the City moves forward.
PRESENTATIONS
1. Emergency Manager Rakdy Khlok provided an update regarding COVID-19.
PUBLIC HEARINGS: None.
NON-AGENDA PUBLIC COMMENT
Mayor Pacheco opened non-agenda public comment.
Ramces P., resident, submitted written comments regarding the Downey Municipal Code’s
Section entitled Home Occupations preventing the utilization of garages in residential areas for their
home occupations.
Joey Martinez, Rodolfo Cortes, Alfredo Banuelos, Shannel Pittman, Cristian Romero Alex
Contreras submitted written comments regarding Central Basin Municipal Water District’s Board of
Directors.
Diane Eugenio, resident, submitted written comments regarding implementing additional
measures by testing patrons at the point of entry of an establishment to prevent the spread of COVID-
19.
Anita Rivero, resident, commented regarding Clean Power Alliance, 100% renewable energy
and climate changes.
Catherine Alvarez, resident, thanked the medical staff, Police and Fire Departments for placing
their lives at risk during the COVID-19 pandemic. She commented regarding drinking water and parking
enforcement.
Alex Contreras, advocate, commented regarding the COVID-19 pandemic, affordable housing
and in support of a moratorium on evictions.
Dan, resident, commented regarding concerns for clean water, water pipe replacement, water
franchising and commercial water consumption.
Armando Herman, resident, commented regarding the Coronavirus, water privatization, political
figures, freedom of speech, homelessness and taxes.
Dr. Rodolfo Cortes Barragan, non-resident, commented regarding drinking water concerns;
transparency amongst elected officials; deferred payments for rent and utilities during COVID-19
pandemic; and, repairs to the Whittier Narrows Dam to prevent flooding.
Wayne Spindler, non-resident, commented regarding the State of Emergency and early release
of inmates due to COVID-19, commercial water consumption, political figures, evictions, and the need
to improve technology.
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Regular Meeting – March 24, 2020 3
Donald E. LaPlante, President, Downey Unified School District, thanked the City Council and
City staff for their cooperation during this time of emergency.
Having no one else come forward, Mayor Pacheco closed non-agenda public comment.
City Manager Livas commented regarding the City’s tap water. He reiterated that Downey’s
water is safe for consumption; he added, the City conducts weekly testing and produces yearly reports
which are made available to the public. He stated the City does not have oversight to mandate
temperature screenings for patrons prior to entering establishments, and said this issue falls within the
Health Department’s purview.
City Manager Livas reported on the 2015 State Auditor’s scathing report regarding Central
Basin Municipal Water District’s operations which lead to State Legislation. He stated that Mr. Oskoui’s
character has been oppugned and he clarified that Mr. Oskoui was elected to serve on the Board of
Directors for Central Basin Municipal Water District by 20 cities and not solely by the City of Downey.
He added, the same 20 cities are currently in a lawsuit over the high rates being passed onto
consumers. He stated the Central Basin Water District planned to charge a $5.00 meter charge and it
was Mr. Oskoui whom persuaded the Board to reduce the meter charge to $2.00. The Central Basin
Water Board reneged on the agreement which lead to the lawsuit. He identified additional concerns
with the Central Basin Water District not having a General Manager and several Board Members
conducting meetings on numerous occasions in violation of the Brown Act which resulted in the Los
Angeles County District Attorney’s office conducting an investigation. The District’s Liability carrier cited
recent actions by Board Members as the reason for increasing their premiums from $250,000 to
$850,000 which will ultimately be passed on to consumers. He stated Mr. Oskoui is on the Board to
protect the residents of the cities that he represents. He mentioned the Los Angeles County Board of
Supervisor’s tasked their staff to investigate the situation at the Central Basin Water District; moreover,
the State Assembly is also looking into the situation. He stated when a person is fighting for a just
cause the person will be attacked much like Mr. Oskoui has been tonight. He stated the City will
continue to fight for our residents despite the misinformation that has been disbursed and the 20 cities
will have their day in court.
Council Member Saab inquired whether or not Coca Cola pays for the water consumed without
discounts. Mr. Livas confirmed Coca Cola pays the same price for water consumption as any business
within the City without any credits or subsides.
CONSENT CALENDAR
Mayor Pacheco asked if there was anyone present who would like to comment on Consent
Calendar items.
Armando Herman, resident, commented regarding Item Nos. 1, 6, 9 and 10.
Having no one else come forward, Mayor Pacheco closed public comment.
Council Member Ashton abstained from Item No. 1; and, pulled Item No. 8 for separate
discussion.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa and carried
unanimously to approve the remainder of the Consent Calendar with Council Member Ashton
abstaining from Item No. 1; and, pulling Item No. 8 for separate discussion.
1. APPROVED MINUTES: Special and Regular Meeting of March 10, 2020: City Clerk.
City Council Minutes
Regular Meeting – March 24, 2020 4
2. WARRANTS ISSUED: Warrant Nos. 341527 – 341946; Payroll Wire Nos. 30003971, 30003973 &
30003975 – 30003977; and, Manual Wire Nos. 1980 – 1982 in the total amount of $5,674,309.95:
Finance.
3. APPROVED CHANGE ORDER NO. 1 IN THE AMOUNT OF $76,797.69 TO THE FY 2019/20
SLURRY SEAL PROJECT (DISTRICT 4); AUTHORIZED TRANSFER OF $85,000 OF
BUDGETED GAS TAX FUNDS FROM ACCT NO. 30-1-6749 TO ACCT NO. 30-1-6780 TO
COVER THE ESTIMATED TOTAL PROJECT COST SHORTFALL; AND, AUTHORIZED THE
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 20-02): Public
Works.
4. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $633,045.39 TO GRIFFITH
COMPANY, INC. FOR PARAMOUNT BLVD. AND FIRESTONE BLVD. MEDIAN LANDSCAPE
IMPROVEMENTS; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED
NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL
IMPROVEMENT PROJECT NOS. 20-07 AND 20-08): Public Works.
5. AWARDED A CONTRACT TO BEST DRILLING AND PUMP, INC. IN THE AMOUNT OF
$144,467 FOR WELL NO. 10 REHABILITATION; 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
(MISCELLANEOUS PROJECT NO. 336): Public Works.
6. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES, INC.,
FOR TEMPORARY PROFESSIONAL STAFFING SERVICES, TO SUPPORT THE CITY’S
ADMINISTRATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PROGRAMS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS TO THE AGREEMENT: Community Development.
7. APPROVED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
iSPACE INC. TO ALLOW A BROADER SCOPE OF SERVICES TO FULFILL THE I.T.
DIVISION’S NEEDS FOR TECHNICAL SKILL SETS; AND, EXTENDED THE AGREEMENT FOR
AN ADDITIONAL ONE YEAR: Finance.
9. ADOPTED RESOLUTION NO. 20-7934, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING THE SALARY AND BENEFITS PAYABLE TO EMPLOYEES IN
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT,
AND CONFIDENTIAL/EXEMPT; AND, REPEALING PRIOR RESOLUTIONS: Human Resources.
10. ADOPTED THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES)
RESOLUTION DESIGNATING THE EMERGENCY PREPAREDNESS PROGRAM MANAGER,
THE FIRE CHIEF AND THE ASSISTANT FIRE CHIEF AS AUTHORIZED AGENTS TO EXECUTE
APPLICATIONS ON BEHALF OF THE CITY OF DOWNEY FOR THE PURPOSE OF OBTAINING
POST-DISASTER PUBLIC ASSISTANCE GRANTS FROM CAL OES AND FEMA: Fire.
OTHER BUSINESS
8. ADOPTED RESOLUTION NO. 20-7933, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY AND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO RESPOND TO
THE EMERGENCY BY CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY SERVICES;
AND, AUTHORIZED THE CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY
City Council Minutes
Regular Meeting – March 24, 2020 5
SERVICES TO REQUEST FINANCIAL ASSISTANCE FROM FEDERAL AND STATE
AUTHORITIES: Administration.
City Manager Livas presented the staff report for this item. He provided a brief history regarding
the local emergency and the purpose of ratifying the Proclamation. He stated declaring the
Proclamation empowers the City Manager acting as the Director of Emergency Services to make and
issue rules and regulations on matters reasonably related to the protection of life and property as
affected by such local emergency; and, allow him the authority to procure the necessary equipment in
the quickly moving environment in order to preserve life. In addition, should Federal funds become
available the declaration will allow to file for reimbursement items purchased during the crisis.
Council Member Ashton requested clarification that the resolution is related only to this
emergency. City Manager Livas confirmed the authority is only for the purchasing related to this
emergency and not for any day to day activities.
It was moved by Council Member Ashton, seconded by Council Member Saab and carried
unanimously to approve Resolution No. 20-7933, a Resolution of the City Council of the City of Downey
ratifying the Proclamation of the existence of a local emergency and the immediate expenditure of
public money to respond to the emergency by City Manager acting as Director of Emergency Services;
and, authorize the City Manager acting as Director of Emergency Services to request financial
assistance from Federal and State authorities.
ADMINISTRATIVE REPORTS
11. LEASE AGREEMENT WITH VERIZON WIRELESS FOR CELL TOWER SITE AT CITY OF
DOWNEY PUBLIC WORKS MAINTENANCE YARD: Community Development.
1) INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A LAND LEASE AGREEMENT AND MEMORANDUM OF LEASE WITH
SMSA LIMITED PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS; AND,
2) APPROVED A LEASE AGREEMENT AND MEMORANDUM OF LEASE AGREEMENT
WITH LOS ANGELES SMSA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, DBA VERIZON WIRELESS FOR A CELL TOWER SITE AT THE CITY
OF DOWNEY PUBLIC WORKS DEPARTMENT MAINTENANCE YARD.
Director Schindler presented the staff report for this item. He provided a brief history related to
the location and impact the cell tower would have on The Promenade, Downey Landing, Kaiser
Permanente, Discovery Park, and the surrounding residential neighborhoods. He provided an overview
of the lease terms including an increase clause and termination clause. He summarized the
negotiations with Verizon regarding improvements at the existing site on Florence Avenue and
Sideview Drive since September, 2019 and possible options to facilitate the installation of a new tower
and improvements on the existing tower which includes an option of a five year rent abatement.
Council Member Saab inquired why Verizon would allow the City to pay for structure upgrades
and what, if any, concessions were made by Verizon. Director Schindler stated they requested
financial assistance from the City for the improvements and they conceded to the extension of the lease
to 15 years.
Discussion ensued amongst the City Council regarding the aesthetics of the existing tower and
potential health effects that technology could have on the community; and, Verizon’s financial stability
to make the necessary repairs without the City’s assistance.
Director Schindler stated staff’s guidance is based on the Federal Communications
Commission the Office of Engineering and Technology reports wherein they have not found any health
hazards in regards to cell tower technology.
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Regular Meeting – March 24, 2020 6
Council Member Rodriguez requested clarification regarding the options before the City Council
to approve an ordinance and agreement for a new site.
Council Member Saab stated the new agreement provided an opportunity to require Verizon to
make the overdue repairs to the Florence Avenue site which is why he requested staff to work with
Verizon to form an amicable resolution.
Council Member Ashton stated when looking at this new contract Council must have confidence
that Verizon will be a good partner for the community and concurred that Council Member Saab’s
concerns are valid. He inquired how long the cell tower has been at the Florence site and how much
longer the site will be serviceable. Director Schindler confirmed the tower has been at the location for
11 years and deferred to Michael Farraher, Verizon Wireless, for the latter.
Michael Farraher, Verizon Wireless, thanked the City Council for the opportunity to be here
tonight. He stated it is difficult to say with any level of certainty when the tower’s network infrastructure
will no longer be useful, currently it is servicing different frequencies and the evolution of technology
makes it difficult to provide a definitive conclusion. He stated that the vernacular imposed to the site
does not belong to Verizon, Verizon merely has rights to utilize the pole and is limited to the upgrades
allowed at the facility. He stated Verizon is attempting to be a good corporate partner to the community
and explained that the network upgrade cost surpasses that of the construction of the new tower being
proposed and this is why Verizon proposed the City’s participation.
Council Member Ashton inquired as to the ownership of the pole on Florence Avenue. Mr.
Farraher confirmed the pole is owned by the Joint Pole Authority.
Director Schindler confirmed the pole was built on an encroachment permit and during that time
the City was not entering into leases for cell towers.
Discussion ensued amongst the City Council and staff regarding the possibility of building
another pole on the site to cover or replace the existing structure; and, alternative partners to build a
tower on the proposed sight.
City Attorney Abich Garcia stated she will review the encroachment permit and research the
current state of the law with regards to the Federal Communications Commission’s recent restrictions
regulating antennas and right-of-ways and return with a definitive response regarding the City’s
alternatives.
City Manager Livas stated the Federal Communications Commission and Sacramento
legislative platform is limiting the City’s authority to stealth deployment. His assumption is the
encroachment permit limits the amount of the City’s authority.
Council Member Rodriguez recommended the City research the ownership of the pole and work
with the various carriers utilizing it to assist in the aesthetic upgrades.
City Manager Livas confirmed the decision before City Council tonight is whether or not to
approve the construction of the new cell tower at the Public Works site. If not, Verizon will need to be
advised so they may identify alternatives for their project. Currently, Verizon is the only carrier
interested in the construction of a tower at the proposed location and their interest is customer based.
With respect to the Florence Avenue location Verizon is willing to invest $750,000 as a good faith offer
even though they do not own the pole and are asking the City for a five year abatement. He stated the
City Council’s decision tonight is whether or not to have both cell towers completed. It would cost loss
of revenue for five years or no income for ten years without the additional critical infrastructure.
Mayor Pacheco opened this item for public comment.
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Regular Meeting – March 24, 2020 7
Armando Herman, resident, commented regarding the necessity of an additional tower, health
concerns and public officials.
Connie, resident, commented in support of the construction of the new cell tower at the
proposed site and the importance of having cell phone access at the Kaiser facility.
Ronald Dearth, resident, thanked the City Council for their service and in support of the
construction of the new cell tower at the proposed site.
Dr. Rodolfo Cortes Barragan, non-resident, commented in opposition to the construction of the
new cell tower at the proposed site, corporate greed and health repercussions.
Alex Munoz, resident, commented in opposition to the construction of the new cell tower and
corporate greed.
Wayne Spindler, non-resident, commented regarding corporate greed, health concerns due to
pollution and radiation from the tower.
Having no one else come forward, Mayor Pacheco closed public comment.
It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Frometa and
approved 4-1-0, with Council Member Saab voting no to introduce an Ordinance of the City Council of
the City of Downey approving a Land Lease Agreement and Memorandum of Lease with SMSA Limited
Partnership doing business as Verizon Wireless; and, approve a Lease Agreement and Memorandum
of Lease Agreement with Los Angeles SMSA Limited Partnership, a California Limited Partnership, dba
Verizon Wireless for a cell tower site at the City of Downey Public W orks Department Maintenance
Yard.
12. DISCUSSED AND GAVE DIRECTION TO THE CITY ATTORNEY REGARDING A TEMPORARY
MORATORIUM ON EVICTIONS: Mayor Pacheco.
Mayor Pacheco requested this item be on the agenda.
Council Member Rodriguez abstained from Item No. 12 and he left the meeting.
City Attorney Abich Garcia presented the staff report for this item. She provided a brief history
regarding the Governor’s Executive Order to allow City’s to consider adopting a moratorium to
temporarily halt evictions for residential and commercial tenants that have been directly impacted by
Covid-19. The Order provided cities guidance; the elements include the tenants’ loss of household or
business income or undue medical treatment due to COVID-19. Tenants would be required to provide
documentation to the landlord to prove loss of income due to COVID-19 related issues. The Executive
Order did not grant cities jurisdiction to forgive unpaid rent, the ordinance would have to include
repayment language and it would not preclude the landlord from taking their own action to collect
unpaid rents. In regards to property owners of single family and multi-family rental properties unable to
pay their mortgage due to multiple units not paying rent, if their mortgage is federally insured the loans
would be granted a 60-day forbearance. Tonight staff is seeking the City Council’s direction related to
evictions for residential and commercial properties.
City Manager Livas stated his understanding was that the City Council would provide direction
on a temporary moratorium for multi-family and single family residential properties. He stated the
forbearance the City Attorney mentioned included commercial properties. He stated that there is no
forbearance that applies to commercial properties solely multi-family and single family unit properties.
Mayor Pacheco requested the City Council discuss commercial businesses that have been
forced to close and are still required to pay their rents or leases.
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Regular Meeting – March 24, 2020 8
City Manager Livas made a point of clarification that the City is not the enforcement agency
and the City does not have the capacity to do so nor does the City have a housing authority. He stated
the moratorium would be used as documentation to be included in a court case. He clarified staff is
seeking direction as to how to proceed with the moratorium.
Mayor Pacheco requested the temporary moratorium end date be May 31, 2020, as
recommended in the Governor’s Executive Order. She requested the moratorium be narrowly tailored,
placing the responsibility on the tenant to provide evidence related to COVID-19 to the landlord as their
reason for not having the ability to pay rent, and that the tenant agree to pay the rent and not allow
tenants to take advantage of the situation. The moratorium would need to meet the needs of both the
residents and that of the property owners.
Mayor Pro Tem Frometa stated while we are facing an unprecedented situation the City does
not have a housing authority and the City’s ability is limited. She requests the moratorium be solely for
a limited time and that the residents be responsible and pay any amount of rent that they are able to.
Council Member Ashton stated the moratorium should provide people security during this
unprecedented time. He requested it include no-fault evictions due to the Stay at Home Order
City Attorney Abich Garcia stated no-fault evictions would prohibit matters that go well beyond
the Governor’s Executive Order which includes the burden of proof on the tenant’s inability to pay as a
direct result of COVID-19.
Discussion ensued amongst the City Council regarding whether or not to include no fault
eviction language in the moratorium; and, the eviction process. They concluded the amount of time
would be longer than the time the temporary moratorium would end.
Mayor Pacheco opened this item for public comment.
Jessica Arceo, resident, submitted written comments in support of a temporary moratorium on
evictions, anti-harassment measures to protect tenants and supporting mortgage holders unable to pay
mortgage due to loss of income.
Maria G. Arceo, resident, submitted written comments in support of a temporary moratorium on
evictions, anti-harassment measures to protect tenants and support of mortgage holders unable to pay
mortgage due to loss of income.
Veronica Del Cid, resident, submitted written comments in support of a temporary moratorium
on evictions, anti-harassment measures to protect tenants and support of mortgage holders unable to
pay mortgage due to loss of income.
Judith Corero, resident, submitted written comments in support of a temporary moratorium on
evictions, anti-harassment measures to protect tenants and support of mortgage holders unable to pay
mortgage due to loss of income.
Guillermina Flores, resident, submitted written comments in support of a temporary moratorium
on evictions, anti-harassment measures to protect tenants and support of mortgage holders unable to
pay mortgage due to loss of income.
Orlinda Mendoza, resident, resident, submitted written comments in support of a temporary
moratorium on evictions, anti-harassment measures to protect tenants and support of mortgage holders
unable to pay mortgage due to loss of income.
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Regular Meeting – March 24, 2020 9
Teddy Juarez, resident, resident, submitted written comments in support of a temporary
moratorium on evictions, anti-harassment measures to protect tenants and support of mortgage holders
unable to pay mortgage due to loss of income.
Mario Juarez, resident, resident, submitted written comments in support of a temporary
moratorium on evictions, anti-harassment measures to protect tenants and support of mortgage holders
unable to pay mortgage due to loss of income.
Catherine Alvarez, resident, resident, submitted written comments in support of a temporary
moratorium on evictions, anti-harassment measures to protect tenants and support of mortgage holders
unable to pay mortgage due to loss of income.
Daniel Rabikashi, property owner, submitted written comments in opposition of a temporary
moratorium on evictions.
Joseph Bartolo, property owner, submitted written comments in opposition of a temporary
moratorium on evictions.
Pam Sattler, property owner, submitted written comments in opposition of a temporary
moratorium on evictions.
Jim Rodriguez, Meadow Management, submitted written comments in opposition of a
temporary moratorium on evictions.
Fred Sutton, California Apartment Association, submitted written comments in support of a
temporary moratorium on evictions in accordance with the Governor’s Executive Order.
Danielle Leidner-Peretz, Apartment Association of Greater Los Angeles, submitted written
comments in support of a temporary moratorium on evictions in accordance with the Governor’s
Executive Order.
Erica Garcia, resident, submitted written comments in support of a temporary moratorium on
evictions.
Mia Martinez, resident, submitted written comments in support of a temporary moratorium on
evictions and practicing good hygiene.
Joseph Lorenzen, property owner, submitted written comments in opposition of a temporary
moratorium on evictions.
Deena Henry, property manager, submitted written comments in opposition of a temporary
moratorium on evictions related to commercial context.
Xoe Watchman, resident, submitted written comments in support of a temporary moratorium on
evictions.
Edwin Huber, property manager, submitted written comments in opposition of a temporary
moratorium on evictions.
Maria Sanchez, property manager, submitted written comments in opposition of a temporary
moratorium on evictions.
Alex Contreras, advocate, submitted written commented in support of a temporary moratorium
on evictions.
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Regular Meeting – March 24, 2020 10
Megan Hobza, non-resident, submitted written commented in support of a temporary
moratorium on evictions.
Ron Dearth, property owner, submitted written commented in support of financial aid for
residents.
Armando Herman, resident, commented in support of a temporary moratorium on evictions,
affordable housing and solving the homeless crisis.
Wayne Spindler, non-resident, commented in support of a temporary moratorium on evictions
and court closures for eviction proceedings.
George Clause, property manager, commented regarding preventative actions taken on behalf
of the property management company; against unnecessary evictions; and, in support of a 30-day
maximum moratorium on evictions.
Dr. Rodolfo Cortes Barragan, non-resident, commented regarding Item No. 5, in support of a
temporary moratorium on evictions and financial assistance for residents.
Connie, resident, commented regarding the forbearance of Fannie Mae and Freddie Mac loans
for single family, duplexes, triplexes and fourplexes residences; portfolio lenders for larger complexes
are not granting forbearance; in opposition to no fault evictions; and, in opposition of a temporary
moratorium on evictions.
Having no one else come forward, Mayor Pacheco closed public comment.
Mayor Pacheco requested the language in the moratorium be narrowly tailored for nonpayment
of rent due to COVID-19; the burden of proof be placed on the tenant; tenants to come to an agreement
with their landlords to pay the rent due upon the expiration of the moratorium; and, the moratorium
expiration date of May 31, 2020.
City Manager Livas confirmed the City Council’s request is to mirror the State’s Proclamation
by adopting the same regulations.
City Attorney Abich Garcia requested clarification to require tenants to pay partial payments in
addition to providing prior notice to the landlord with supporting documentation of their direct impact by
COVID-19.
Discussion ensued regarding a tenant’s ability to pay partial payment and the landlords
accepting partial payments without modifying the lease or rental agreements or infringing on an
unlawful detainer.
Council Member Saab stated the temporary moratorium should include the tenant must provide
written notice prior to the date the rent is due; the tenant must provide proof that their financial
constraint is directly connected to COVID-19; if the tenant provides partial rent it would not modify a
landlord’s lease or rental agreement; and, the moratorium should expire in 30-days.
City Attorney Abich Garcia stated she would bring the urgency ordinance before the City
Council on April 14, 2020 and under the City’s Charter the urgency ordinance would require four
affirming votes from the City Council for adoption, with a sunset date of May 31, 2020.
Mayor Pro Tem Frometa inquired whether or not commercial properties would be included in
the urgency ordinance.
City Manager Livas stated commercial properties have not received any forbearance on their
mortgage payments and the sunset date of May 31, 2020 may not benefit the commercial property
City Council Minutes
Regular Meeting – March 24, 2020 11
tenants. He requested the City Council finalize the direction with regards to the residential properties
and return to the commercial discussion.
City Attorney Abich Garcia requested a timeframe to allow for repayment of the rent owed.
Council Member Ashton suggested three months to cure one month’s rent and if two months
rent is owed allow six months to repay the back owed rent.
City Manager Livas confirmed if the City Council agrees with allowing a tenant that owes one
month rent to be allowed a three month period to pay the balance owed.
City Attorney Abich Garcia stated she will return with the item on May 26, 2020, to allow the
City Council to determine whether or not to extend the moratorium.
Council Member Saab confirmed the moratorium only applies to rent and not to other violations
of the lease.
City Attorney Abich Garcia requested clarification for the language pertaining to partial rent
payments.
Council Member Saab stated the terminology should include when a landlord receives a partial
payment of rent it does not constitute payment in full and will not void the lease agreement or the
landlord’s ability to pursue an unlawful detainer.
Mayor Pacheco inquired if the moratorium would include commercial properties.
Council Member Saab stated with the expectation that the market will dictate more vacancies
and commercial property values decreasing, he believes commercial properties should be excluded. He
mentioned commercial tenants have clauses in their leases to include force majeure.
City Attorney Abich Garcia stated locally there are certain governmental immunities that do not
apply to Federal claims and the Federal Takings Claim would be an issue.
City Attorney Abich Garcia confirmed the direction from Council for the proposed ordinance as
the tenant must provide written notice to the landlord advising their inability to pay the rent prior to the
date due; the tenant must provide proof the inability is directly related to COVID-19; acceptance of
partial payment does not constitute a payment in full or waiver of remaining balance due; the sunset
date of the urgency ordinance is May 31, 2020; limited to residential tenants; grant three months to
repay outstanding rent; and, that the ordinance does not act as a waiver of any other violations of the
lease.
It was moved by Mayor Pro Tem Frometa, seconded by Council Member Saab and carried
unanimously with Council Member Rodriguez abstaining to approve the direction given to the City
Attorney.
STAFF MEMBER COMMENTS
City Manager Livas thanked the City Council for their support of staff during the unprecedented
situation. He stated he meets with the Executive Team daily and wanted to advise the City Council of
staff’s appreciation of the City Council’s unbelievable support with everything that is taking place. He
mentioned the residents can rest assured that the City Council is doing their best to support all the
residents in the City. He thanked the City Council on behalf of the staff for their support.
City Council Minutes
Regular Meeting – March 24, 2020 12
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council meeting at 11:37 p.m. in memory of the
lives affected by the Coronavirus; Army Specialist Juan Miguel Mendez Covarrubias, 27, of Hanford,
California; and, Air Force Staff Sergeant Marshal D. Roberts, 28, of Owasso, Oklahoma, whom were
supporting operation Inherent Resolve.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor