HomeMy WebLinkAboutMinutes 04-02-20 Special MeetingMINUTES OF
COUNCILCITY OF OF DOWNE
SPECIAL MEETING
2020
CouncilThe City of - City of Downey -• a Special• -- on •2020, at
8:46 a.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, with Mayor Pacheco presiding.
� •:.: - •-'..
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- •Sean Ashton
Mayor
Mayor• Tern
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Alicia Duarte, CC, City Clerk
(teleconference)
The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was 19V
*y Council Member Saab.
1. AN URGENCY ORDINANCE ALLOWING . TO REPAY . ;f
MONTHSRENTS WITHIN THREE . THE CITY TERMINATES THE LOCAL
EMERGENCY;AND, A TEMPORARY• i ON • OF i
Mayor- • & Council- • .b
•
City Attorney Abich Garcia presented the staff report for this item. She reported, at the March
24, 2020 City Council Meeting, the City Council gave direction to the City Attorney to prepare an
Urgency Ordinance for a temporary moratorium on evictions for tenants of single family residences and
multiple dwelling units for the April 14, 2020 City Council meeting. She provided a brief history
regarding the Governor's Executive Order N-37-20 issued March 27, 2020, placing a statewide
moratorium on evictions of tenants renting single family residences or dwellings units, subject to certain
conditions. She stated the Executive Order is silent to the length of time a residential tenant has to
repay rent. Therefore, the Urgency Ordinance provides residential tenants up to three months after the
City Council Minutes
Special Meeting — April 2, 2020
City terminates the Local Emergency to repay any unpaid rents to the landlord without late fe
City Attorney Abich Garcia stated the Governor's Executive Order did not include commercial
property tenants who suffered mandatory business closures due to the State and County closure
orders. The Urgency Ordinance provides commercial property tenants protection if the tenant suffered
a "financial impact" from loss of business income resulting from illness with COVID-19; income
reduction resulting from business closure; layoff or furlough of employees of business; for complying
with the President of the United States' Declaration of National Emergency, the Governor of the State
of California's Declaration of State of Emergency, the City of Downey's Proclamation of Local
Emergency, or public health orders related to COVID-19 to stay at home; extraordinary out-of-pocket
business or medical expenses; or child care needs arising from school closures related to COVID-19.
The Urgency Ordinance sets conditions for tenants to notify their landlord in writing that they are not
able to pay rent, prior to the due date, due to COVID-19 related impact and provide supporting
documentation. The commercial tenant will have up to three months after the City terminates the Local
Emergency to repay any unpaid rents to the landlord without late fees assessed for delayed rent due to
City Attorney Abich Garcia announced Council Member Rodriguez will abstain from
participating in the discussion related residential to tenants. Therefore, the City Council will begin
discussion regarding the ordinance enacting a temporary moratorium on evictions of commercm
tenants due to nonpayment of rent.
Martha Kazimi, property owner, submitted written comments in opposition of a temporary
Alejandra Araiza, resident, submitted written comments in support of a temporary moratorium
#n evictions.
Carlos J. Viramontes, property owner, submitted written comments in opposition of a temporary
moratorium on evictions.
Conrad Wyszomirski, property owner, submitted written comments in opposition of a temporary
moratorium on evictions; and, in support of financial assistance for tenants..
Joseph Bartolo, resident, submitted written comments in opposition of a temporary moratorium
on evictions.
Council Member Rodriguez abstained from the residential urgency ordinance due to owning
rental property in the City and left the dais.
Council Member Ashton requested clarification regarding the period in which a tenant will be
allotted to repay their rent. He stated since the COVID-19 virus has many variables and it is uncertain
how long the Stay at Home orders will continue he requests tenants be granted a three months grace
period to repay rent for every one month of rent owed, and so forth.
City Council Minutes
Special Meeting — April 2.2O20
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adopt the urgency ordinance as written. The City Council has the option to request the item be brought
back to discuss changes to the ordinance prior to its expiration.
Discussion ensued amongst the City Council regarding the period of time that should be
allotted to a tenant to repay back owed rent to their landlord and options to adopt the ordinance tonight
and later revisit the topic prior to the ordinance's sunset date of May 31, 2020.
City Manager stated the urgency ordinance requires a 4/5 affirmative vote in order for the
ordinance to be approved. He stated the Governor's Executive Order is silent on when the tenant has
to repay back owed rent to the landlord. The urgency ordinance will provide clarification for both sides.
Council Member Saab agreed with the urgency ordinance as written to align with the
forbearance provided to the mortgagees by the banks.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and approved
4-0-1, with Council Member Rodriguez abstaining to adopt Uncodified Urgency Ordinance No. 20-1438
of the City Council of the City of Downey pursuant to California Government Code Section 8634 and
Downey City Charter Sections 511 and 514 allowing tenants of single family residences and dwelling
units to repay unpaid rents within three (3) months after the City terminates the Local Emergency.
Council Member Ashton requests to include the staggering component allowing commercial
property tenants to repay the back owed rent over an extended period of time and announced he had to
leave the meeting at 9:32 a.m.
Council Member Rodriguez returned to the dais at 9:32 a.m
Mayor Pacheco stated the City Council will now discuss the urgency ordinance related to
commercial property tenants.
Council Member Rodriguez stated he could relate to the commercial tenants and he also
understands the concerns expressed by the landlords. He added that it would be a disservice to the
community not to provide information to the businesses regarding the available stimulus funding and
recommended staff work with the Downey Chamber of Commerce to educate the property owners and
local businesses on applying for the funding.
City Manager Livas stated staff has started the planning to identify and disseminate information
to the business community and mentioned Assistant to the City Manager De Rojas has begun providing
CARES Act and other applicable information via social media. Staff is encouraging businesses to be
expeditious and apply prior to the funds being exhausted.
Council Member Saab inquired if the Community Development Block Grant fund could be used
to assist the businesses.
City Manager Livas stated the Community Development Block Grant funding is currently being
utilized by the City to purchase COVID-19 related supplies such as the laptops, equipment, and
software which are required for employees to telecommute. He stated the Small Business
Administration has funding available and staff is working to gather the requirements for those loans to
make that information available to the business community.
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Saab and approved
4-1-0, with Council Member Ashton excused to adopt an Uncodified Urgency Ordinance No. 20-1439 of
the City Council of the City of Downey pursuant to California Government Code Section 8634 and
Downey City Charter Sections 511 and 514 enacting a temporary moratorium on evictions due to
nonpayment of rent for commercial tenants resulting from loss of income due to the Novel Coronavirus
(COVID-19) and setting forth the fats constituting such urgency.
City Council Minutes
Special Meeting — April 2, 2020
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CitynTianager Livas thanked staff for their hard work on this agenda to ensure that residential
and commercial tenants are protected. He invited the members • the public to visit the City's website
to retrieve information regarding the stimulus funding available.
Mayor Pacheco adjourned the Special City Council meeting at 9:39 a.m. in memory of Alex
Bernard, Desert Reign Church; and, the lives affected by the Coronavirus.
4AI14A AA i- I'C I A D U A A (E, C M C
City Clerk
FICA PACHECC�O
Mayor
City Council Minutes
Special Meeting — April 2, 2020
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