HomeMy WebLinkAbout2d. Minutes - 06-09-20 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 9, 2020
The City Council of the City of Downey held a Regular City Council Meeting on June 9, 2020, at
6:36 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 Tern
Sean Ashton Council Member (teleconference)
Rick Rodriguez Council Member
Alex Saab Council Member (teleconference)
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Community Development Director
Delfino Consunji, Public Works Director
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was led
by Mayor Pro Tern Frometa.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Mayor Pro Tern Frometa welcomed the audience to the meeting. She thanked Police Chief
Milligan and Fire Chief Gillaspie for ensuring the safety of the community during these unprecedented
times and for their hard work. She reported delivering face shields made by the Downey High School
Robotics Team to local dental offices and orthodontic businesses in the City. She reported visiting local
restaurants and encouraged the audience to continue to support local businesses. She shared a quote
from President Ronald Reagan. She reflected on recent events which have occurred across the
Country and in the community and stated that the City is extremely fortunate to have a strong
community roots with more than 200 Neighborhood Watch groups, 60 churches, 90 services groups
and organizations to support residents and local businesses during the COVID-19 pandemic and Civil
unrest.
Council Member Rodriguez welcomed the audience to the meeting. He acknowledged Michael
Calvert in the audience. He reported meeting with Mr. Calvert to discuss the reopening of businesses
during the COVID-19 pandemic.
Council Member Ashton welcomed the audience to the meeting. He requested staff review and
update the City's Noise Ordinance; and, address the discharge of illegal fireworks.
Council Member Saab welcomed the audience to the meeting. He thanked the Public Works
Department for their hard work over the past few weeks and recognized them as unsung heroes.
Mayor Pacheco welcomed the audience to the meeting. She reported on the reopening of local
businesses: dine -in restaurants at 60 percent capacity, retail stores, hair salons and barber shops and
places of worship at 25 percent capacity. She reminded the audience to continue to perform safe health
practices by washing hands, maintain social distancing and wear facial coverings while conducting
business within the City to prevent the spread of COVID-19. She thanked the Police Department for
keeping our community safe and commended the protestors for the peaceful protests. She reported
attending the Gangs Out of Downey meeting.
PRESENTATIONS
1. Presentation to the City Council from Gateway Cities Council of Governments regarding update on
the 1-710 South Corridor.
2. Mayor Pacheco with assistance from Council Member Rodriguez presented a Certificate of
Recognition in honor of the U.S. Army 245th Birthday Celebration.
PUBLIC HEARINGS: None.
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Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on non -agenda items. Mayor Pacheco asked City Clerk Duarte if any written
public comments were submitted regarding non -agenda items. Mayor Pacheco asked if there was
anyone present who would like to comment on non -agenda items.
Joey Martinez, resident, commented regarding protecting First Amendment Rights, the
importance of cautiously reopening businesses to prevent the spread of the Coronavirus, racism within
the Downey school system, and removal of appointed members to the Central Basin Municipal Water
District's Board of Directors.
Brian Heyman, resident, commended Police Chief Milligan and Police Officers for their work to
ensure the safety of the community during the protests.
Linda Bassett, resident, submitted written comments regarding correspondence from Leticia
Vasquez -Wilson, in support of the elected members of the Central Basin Municipal Water District's
Board of Directors, and in opposition to SB 625.
Rudy Meyer, resident, commented regarding the protests and unrest across the nation and
urged the City Council not to appease the protestors by implementing unjust reform or defund the
Police Department as it would be an insult to the men and women who wear the uniform and put their
lives at risk to protect our community. He thanked the City Council for their strength, courage and for
embracing the Constitution.
Council Member Rodriguez thanked the speaker for his comments in support of the Police
Department.
Having no one else, Mayor Pacheco closed non -agenda public comment.
CONSENT CALENDAR
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Consent Calendar items. Mayor Pacheco asked City Clerk Duarte if there
were any written comments received regarding Consent Calendar items. Mayor Pacheco asked if there
was anyone present who would like to comment on the Consent Calendar items.
Having none, Mayor Pacheco closed public comment.
Council Member Rodriguez abstained from Item Nos. 2, 5, 6, and 9, due to the close proximity
to his residence and business.
Mayor Pro Tern Frometa abstained from Item No. 2, Special Meeting minutes of May 26, 2020.
Council Member Ashton abstained from Item Nos. 8 and 9, due to the close proximity to his
residence.
City Council Minutes
Regular Meeting — June 9, 2020 2
Council Member Saab abstained from Item No. 7, due to the close proximity to his business.
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and carried
unanimously to approve the remainder of the Consent Calendar with Council Member Ashton
abstaining from Item Nos. 8 and 9; Council Member Rodriguez abstaining from Item Nos. 2, 5, 6, and 9;
Council Member Saab abstaining from Item No. 7; and, Mayor Pro Tern Frometa abstaining from Item
No. 2.
2. APPROVED MINUTES: Special Meeting of May 26, 2020: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 343680 — 344061; Payroll Wire Nos. 30003996 — 30003997 &
30003999; and, Manual Wire Nos. 2007 — 2012 in the total amount of $4,727,947.19: Finance.
4. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH EC&AM ASSOCIATES, INC.
DBA GK & ASSOCIATES IN THE AMOUNT OF $146,180.73 FOR CONSTRUCTION
MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES FOR THE PARAMOUNT
BLVD. TRAFFIC SIGNAL COMMUNICATIONS AND UPGRADES; AUTHORIZED THE MAYOR
TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
ANY AND ALL AMENDMENTS DEEMED NECESSARY FOR THIS PROJECT (CAPITAL
IMPROVEMENT PROJECT NO. 17-09): Public Works.
5. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH MCCAIN, INC. IN THE AMOUNT
OF $327,500 FOR THE TRAFFIC MANAGEMENT CENTER UPGRADES (PHASE 2);
APPROVED AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT WITH THE COUNTY
OF LOS ANGELES FOR THE TRAFFIC MANAGEMENT CENTER UPGRADES (PHASE 2);
AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT AND AMENDMENT NO. 1 TO
THE COOPERATIVE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
ANY AND ALL FUTURE AMENDMENTS TO SAID AGREEMENT WITH MCCAIN INC. AND TO
THE COOPERATIVE AGREEMENT WITH THE COUNTY OF LOS ANGELES (CAPITAL
IMPROVEMENT PROJECT NO. 17-14): Public Works.
6. APPROVED PLANS AND SPECIFICATIONS
FOR THE 3RD STREET WATER SYSTEM
PROJECT NO. 20-23): Public Works.
AND AUTHORIZED SOLICITATION FOR BIDS
IMPROVEMENTS (CAPITAL IMPROVEMENT
7. WAIVED THE IMMATERIAL DEVIATION OF THE CONTRACTOR FAILING TO NOTARIZE ITS
BID AND AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $245,790.61 TO
MARIPOSA LANDSCAPES, INC. FOR PARAMOUNT 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 NO. 20-24): Public Works.
8. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $279,536 TO SELECT
ELECTRIC, INC. FOR THE PARAMOUNT BLVD. AT DE PALMA ST. AND FIRE STATION 1
TRAFFIC SIGNAL INSTALLATIONS; 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. 20-32): Public Works.
9. AWARDED A CONTRACT TO UNITED STORM WATER, INC. IN THE AMOUNT OF $68,050
FOR INSTALLATION OF CATCH BASIN INSERTS AT VARIOUS LOCATIONS; 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. 20-33): Public
Works.
City Council Minutes
Regular Meeting — June 9, 2020 3
10. AWARDED A CONTRACT TO MIRAMONTES CONSTRUCTION COMPANY, INC. IN THE
AMOUNT OF $82,700 FOR MISCELLANEOUS SEWER SPOT REPAIRS AND MANHOLE
REHABILITATION; 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
(MISCELLANEOUS PROJECT NO. 324): Public Works.
11. AWARDED A CONTRACT TO NU -LINE TECHNOLOGIES, LLC. IN THE AMOUNT OF $115,290
FOR FIDLER AVE., LUBEC ST., AND MULLER ST. SEWER MAIN REHABILITATION; 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 (MISCELLANEOUS PROJECT NO. 329): Public Works.
12. ACCEPTED THE 2020 CORONAVIRUS SUPPLEMENTAL FUNDING PROGRAM SOLICITATION
FROM THE OFFICE OF JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE, IN THE
AMOUNT OF $82,260: Police.
13. AUTHORIZED THE CHIEF OF POLICE TO RENEW AN AGREEMENT WITH THE RIO HONDO
COMMUNITY COLLEGE DISTRICT FOR THE USE OF THEIR WEAPONS FIRING RANGE FOR
POLICE DEPARTMENT WEAPONS TRAINING: Police.
14. APPROVED THE ANNUAL DOWNEY CHAMBER OF COMMERCE PROFESSIONAL SERVICES
AGREEMENT FOR FISCAL YEAR 2020-21: Community Development.
15. COVID-19 TEMPORARY OUTDOOR DINING GUIDELINES FOR RESTAURANTS: Community
Development.
ADOPTED RESOLUTION NO. 20-7941, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RATIFYING EMERGENCY ORDER NO. 1 ISSUED BY THE CITY
MANAGER ACTING AS THE DIRECTOR OF EMERGENCY SERVICES AUTHORIZING
THE TEMPORARY OUTDOOR DINING PROGRAM TO TEMPORARILY ALLOW
RESTAURANTS TO UTILIZE ADJACENT OUTDOOR AREAS TO SERVE FOOD AND
DRINKS TO CUSTOMERS ON PRIVATE PROPERTY AND TEMPORARY USE OF PUBLIC
STREETS AND PARKING STALLS WITHIN THE DOWNTOWN CORE.
16. ADOPTED RESOLUTION NO. 20-7942, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY RATIFYING EMERGENCY ORDER NO. 2 BY THE CITY MANAGER ACTING AS
DIRECTOR OF EMERGENCY SERVICES REQUIRING NON -CONTACT TEMPERATURE
SCREENING AND FACE COVERINGS AT CITY FACILITIES: Administration.
17. ADOPTED RESOLUTIONS DECLARING CITY COUNCIL'S INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT
121 FOR FISCAL YEAR 2020-2021 AND SETTING DATE OF PUBLIC HEARING: Public Works.
1) ADOPTED RESOLUTION NO. 20-7943, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS
WITHIN THE LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121,
FOR FISCAL YEAR 2020-2021; AND,
2) ADOPTED RESOLUTION NO. 20-7944, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING
AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPING
DISTRICT, ASSESSMENT DISTRICT 121, FOR FISCAL YEAR 2020-2021; AND SET A
PUBLIC HEARING FOR JUNE 23, 2020 ON THE PROPOSED ASSESSMENTS.
City Council Minutes
Regular Meeting — June 9, 2020 4
ADMINISTRATIVE REPORTS
18. RECEIVED AND FILED A REPORT REGARDING THE IMPLEMENTATION OF ROUNDABOUTS
WITHIN THE CITY: Public Works.
City Manager Livas stated at the request of Council Member Ashton staff researched potential
traffic calming measures.
Deputy Director of Public Works Ed Norris presented the staff report for Item No. 18. He
provided a brief overview as to when it is recommended a roundabout be installed, the intersection
traffic control which determines the type of roundabouts required, and the type of roundabout,
conventional or mini. He stated every roundabout consists of yield limit lines at the approaches, marked
crosswalks, and either a central or splitter island would be either a raised or flush; the splitter islands
force traffic to veer to the right upon entrance. He stated the advantages of implementing roundabouts
are less delay, public safety due to a 30 percent reduction in right-angle collisions, traffic calming, and
reduction of emissions, fuel consumption and noise; and, the disadvantages as being public
acceptance; would not allow for priority to one direction of travel or type of vehicle such as an
emergency or transit vehicle; and, trucks or other large vehicles may have difficulty navigating a
roundabout.
Council Member Saab asked if immediate neighbors at the adjacent corners would typically be
receptive to a roundabout. Deputy Director Norris responded roundabouts are typically quieter with
fewer stops and less acceleration than a stop sign intersection and neighbors are more receptive to a
roundabout.
Mayor Pro Tern Frometa inquired whether property values would be impacted; and, the costs
of the installation of a roundabout. City Manager Livas stated roundabouts typically are installed in
wealthier neighborhoods and residents prefer the roundabouts over stop signs.
Council Member Rodriguez asked staffs' recommended location for the installation of the
roundabouts.
Deputy Director Norris stated the estimated cost is $100,000 and staff's recommended location
is Brookshire Ave. and Cherokee Dr.
Council Member Ashton inquired if staff identified additional locations.
Deputy Director Norris stated staff had previously evaluated Downey Ave. at Second St. or
Downey Ave. at Third St. as possible locations to warrant the installation of a roundabout.
City Manager Livas stated staff had not conducted a complete study of the entire City and
tonight's report is merely an inquiry as to whether or not the Council is open to utilizing roundabouts as
alternative traffic calming methods. He stated if the Council is interested staff would conduct a more
comprehensive study of the City's intersections and return with a comprehensive report and staffs'
recommendations of the top five intersections where roundabouts can be installed.
Council Member Ashton requested an in-depth study be conducted to identify the intersections
where the installation of roundabouts would be most beneficial to detour speeding.
City Manager Livas stated staff requests the Council's direction as to whether or not to include
roundabouts as alternative methods to reduce traffic speeds. He stated several surrounding Cities
prefer stop signs or traffic signals due to the low acceptance levels of utilizing roundabouts. If Council
choses to include roundabouts as an additional tool then staff will conduct a comprehensive study of all
the intersections within the City and return to the City Council with recommendations.
City Council Minutes
Regular Meeting — June 9, 2020
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 18. Mayor Pacheco asked City Clerk Duarte if there were any
written comments on Item No. 18. Mayor Pacheco asked if there was anyone present who would like to
comment on Item No. 18.
Having none, Mayor Pacheco closed public comment.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Frometa and carried
unanimously to receive and file the report; and, direct staff to conduct a comprehensive study of all the
intersections in the City to identify all the locations within in the City where roundabouts can be
installed.
Council Member Saab stated he was receptive to the concept of roundabouts and reminded
Council to be conscious of the cost associated with roundabouts. He asked if staff could also identify
alternative funding methods to offset the costs.
19. DISCUSS AND DIRECT REGARDING URGENCY ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS IMPACTED BY
COVID-19 PANDEMIC AND A REPAYMENT PERIOD FOR UNPAID RENT: Council Member
Ashton.
City Manager Livas stated this item was placed on the agenda at the request of Council
Member Ashton. He deferred to Council Member Ashton for discussion.
Council Member Ashton stated he requested this item to reevaluate the Urgency Ordinance
No. 20-1439, which established a temporary moratorium on evictions of commercial tenants and a
three month repayment period for commercial tenants affected by the COVID-19 pandemic. He stated
currently the City is in the third month of the COVID-19 pandemic and the tenants are only allowed
three months to repay their back owed rent. He proposed allowing three months to repay every month
of back owed rent.
Mayor Pro Tern Frometa requested clarification of Council Member Ashton's proposal, and
asked if the tenant owed three months of rent the tenant should be allowed nine months to repay the
back owed rent.
Council Member Ashton confirmed his recommendation would be to stagger the back owed
rent rather than a set allotted amount of time to allow the tenants sufficient time to repay.
City Attorney Abich Garcia reminded the Council that the Urgency Ordinance No. 20-1439
prohibiting evictions on commercial tenants expired on May 31, 2020. She stated the Council's direction
to staff should include reestablishing the expired temporary moratorium on evictions of commercial
tenants unable to pay rent due to the COVID-19 pandemic.
Council Member Ashton stated his recommendation included the reestablishment of the
expired temporary moratorium on evictions of commercial tenants. He mentioned local businesses
require financial assistance during the COVID-19 pandemic and proposed the ordinance include
language extending the temporary moratorium through the conclusion of the local emergency.
Council Member Saab inquired what the process would be to lift the temporary moratorium
should the pandemic continue for a year and a half or two years. City Attorney Abich Garcia replied
under the State law it would only take a resolution of the City Council to terminate the local emergency.
Council Member Saab asked if every city in the State is under a local emergency and
specifically Los Angeles County. City Manager Livas stated that it is safe to say that most cities are
under a local emergency. However, there are some cities and counties that have declared the local
City Council Minutes
Regular Meeting — June 9, 2020
emergency to have concluded. He confirmed most of the 88 cities within Los Angeles County are still
under a variation of the local emergency in place.
City Attorney Abich Garcia stated Governor Newsom extended the right of cities to adopt their
own moratoriums on evictions for residential tenants through July 28, 2020. She stated the City Council
can utilize the Governor's template and apply it here. It would make the moratorium effective through
July 28, 2020 and with the option to extend the moratorium.
Mayor Pacheco requested the repayment period begin after July 28, 2020. City Attorney Abich
Garcia confirmed the proposed ordinance reads that the repayment period would begin upon the
adoption of the resolution declaring the conclusion of the local emergency.
City Manager Livas confirmed that most cities have followed the State's recommendations
rather than recreating their own ordinances, similar to the City of Downey's action when the temporary
moratorium was initially established. He stated the Council is able to designate the time period between
tonight and July 28, 2020 and calculate as proposed by Council Member Ashton three months of
repayment for every month of back owed rent.
Mayor Pro Tern Frometa proposed to allow two months for every one month to repay back
owed rent rather than three months. She based her proposal on balancing the needs of the tenants and
the impact to the owners who rely on the rental income.
Council Member Rodriguez stated that the government should not intervene in private business
and the landlords should be responsible to make an agreement with their tenants. He said it would be
beneficial to the landlords to keep their existing tenants, even if the landlord has to carry the note for
two, three or even nine months until the tenant becomes current with their rent. He stated the City's
efforts would best be served in working to get the businesses open again. He asked Council Member
Ashton if he had received many requests from commercial tenants.
Council Member Ashton stated the majority of the requests he received were from residential
tenants; however, this item was brought back from the April 2, 2020, in conjunction with the residential
temporary moratorium on evictions.
Council Member Saab agreed with Mayor Pro Tern Frometa's proposal to allow two months for
every one month to repay back owed rent and the moratorium to terminate July 28, 2020. He
suggested the item can be revisited again if needed.
City Attorney Abich Garcia stated she would bring the item for the Council's consideration at
the June 23, City Council Meeting. The temporary ordinance would include the termination date of July
28, 2020, and if the Council would chose to extend the temporary ordinance she would bring the item
before the City Council the second meeting in July. She confirmed the temporary ordinance expired
May 31, 2020, and currently there is a gap due to ordinances not being allowed to be retroactive. She
stated the ordinance would be a benefit to the renters as they will be able to utilize the ordinance to as
protection from the eviction process for non-payment of rent. She stated she will draft the ordinance as
a moratorium on evictions of commercial tenants and allow a repayment period of two months for every
one month rent in arrears with an expiration date of July 28, 2020.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 19. Mayor Pacheco asked City Clerk Duarte if there were any
written comments on Item No. 19. Mayor Pacheco asked if there was anyone present who would like to
comment on Item No. 19.
Having none, Mayor Pacheco closed public comment.
City Council Minutes
Regular Meeting — June 9, 2020
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and
carried unanimously to direct staff to draft an ordinance establishing a temporary moratorium on
evictions of commercial tenants impacted by the Covid-19 pandemic and a repayment period for unpaid
rent. The repayment period would be two months for every one month of rent in arrears.
20. DISCUSS AND DIRECT REGARDING URGENCY ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM ON EVICTIONS OF RESIDENTIAL TENANTS IMPACTED BY
COVID-19 PANDEMIC AND PROVIDING A REPAYMENT PERIOD FOR UNPAID RENT: Council
Member Ashton.
Council Member Rodriguez announced he would abstain from this item due to owning
residential property in the City and left the dais.
Council Member Ashton stated he requested this item to discuss establishing a temporary
moratorium for residential residents. He asked the City Attorney if the City Council had to address the
moratorium portion since the City was covered by Governor Newsom's Executive Order. City Attorney
Abich Garcia stated the Governor's Executive Order expired on May 31, 2020 and instead of extending
the order he authorized local governments to adopt their own local regulations to temporarily suspend
evictions of residential tenants impacted by COVID-19. She stated on April 2, 2020, the City Council
adopted Urgency Ordinance 20-1438, which established a three month repayment period for tenants of
single family residences and multi -family dwelling units which is still in place until the City Council
terminates the Local Emergency. Tonight, the City Council may direct staff to draft a moratorium on
evictions of residential renters and she can merge the repayment language into the ordinance.
Council Member Ashton stated he proposes a moratorium to expire at the end of July, 2020
and allow a repayment period of three months for every one month rent that a tenant is in arrears. He
stated even though the Council approved the rental assistance program tonight, tenants will still require
additional time to pay unpaid rent.
Council Member Saab asked if the landlords were taken into consideration prior to
recommending allowing tenants three months for every month to repay any rent that is in arrears. He
reminded the Council the landlords must still continue to pay their mortgages and many depend on the
income from their properties to do so.
Council Member Ashton stated he is not proposing any rental forgiveness merely granting
tenants additional time to repay back owed rent.
Mayor Pacheco recommended the repayment period of two months for every one month of rent
that a tenant is in arrears. She asked if staff had a tally of the total number of residents not being able
to pay their rent.
City Manager Livas stated that the City had not received many calls from residents. He
confirmed with staff that only a few calls on the subject have been received.
Mayor Pro Tern Frometa stated this is a difficult situation during unprecedented times. Having
to make a decision after balancing the needs of the residents and the impact the Council's decision will
have on the property owners. She stated many landlords rely on the rental income for their livelihood.
Mayor Pacheco restated her recommendation of allowing the repayment period of two months
for every month of rent that is in arrears. She stated the City is providing rental assistance to families in
need and this would be a good balance in protecting tenants and providing some financial payment to
the landlords. She mentioned now that more business are reopening tenants will be returning to work.
City Council Minutes
Regular Meeting — June 9, 2020 8
Council Member Saab agreed with Mayor Pacheco's recommendation of a repayment period of
two months for every one month of rent that a tenant is in arrears. He stated generally speaking he has
heard that landlords have made agreements with tenants that are beneficial to both parties and should
continue to do so.
City Attorney Abich Garcia confirmed Council's direction to allow the repayment period of two
months for every one month of rent in arrears to begin on July 28, 2020.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 19. Mayor Pacheco asked City Clerk Duarte if there were any
written comments on Item No. 20. Mayor Pacheco asked if there was anyone present who would like to
comment on Item No. 20.
Catherine Alvarez, resident, commented in opposition of the repayment period of two months
for every one month of rent in arrears being proposed tonight; and, commented regarding the eviction
rate the County of Los Angeles and in the City of Downey will have as a result of COVID-19 and
mentioned the City of Los Angeles allowed a repayment period of twelve months.
Joey Martinez, resident, commented in support of Downey tenants, additional time for the
repayment period, and rental forgiveness.
Alex Contreras, resident, commented in support of residential assistance to ensure residents
are safe in their units.
Danielle Peretz, Director, Apartment Association of Greater Los Angeles, submitted written
comments in support of maintaining the existing three months following the termination of the local
emergency to pay back owed rent; renters and tenants making an effort to reach a solution related to
rental payments, and making partial payments to assist property owners impacted by COVID-19 with
their financial obligations.
Having no one else, Mayor Pacheco closed public comment
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Ashton and approved
4-0-1, with Council Member Rodriguez abstaining to direct staff to draft an ordinance extending the
moratorium on evictions of residential tenants impacted by the Covid-19 pandemic and providing a
repayment period for unpaid rent. The repayment period would be two months for every one month of
rent in arrears.
STAFF MEMBER COMMENTS
City Manager Livas stated the City has received calls regarding the Central Basin Municip
Water District specific to Senate Bill 625 which proposes to place Central Basin Municipal Water District
into receivership. He stated that Central Basin Municipal Water District has had particular issues over a
longer period of time and it is not just the City of Downey that has noticed the issues rather the 22 cities
that have entered into the lawsuit against the Central Basin Municipal Water District. He stated the City
will continue to follow Senate Bill 625 and the two legal actions against the Central Basin Municipal
Water District as they move through the court system. He commented regarding the indication that the
correspondence executed by Mayor Pacheco in support of Senate Bill 625 was not valid and clarified
that the City implements a legislative platform, approved by the City Council yearly, which essentially
provides staff the direction to prepare correspondence on behalf of the City Council and allows the
Mayor permission to execute letters of support for items that are on the legislative platform. This was
implemented due to critically time sensitive matters being approved in Sacramento and a letter of
support from the City is required immediately. He stated the City of Downey is not attempting to
privatize water rights and said 60 percent of the water being pumped is being done by public entities.
He continued and said should the Senate Bill move forward it would go through a LACOE process
which too is a public process and LACOE only oversees public entities never private entities.
City Council Minutes
Regular Meeting — June 9, 2020 9
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council meeting at 8:58 p.m. in memory of the lives
affected by COVID-19.
MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO
City Clerk Mayor
City Council Minutes
Regular Meeting — June 9, 2020 10