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HomeMy WebLinkAboutMinutes 06-09-20 Regular MeetingMINUTES OF COUNCILCITY OF OF DOWNE 0 REGULAR MEETING 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. CONFERENCE/MEETINGCITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; 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 their hands, maintaining social distancing and wearing 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. :J N *1 1. Presentation to the City Council from Gateway Cities Council of Governments regarding update or. the 1-710 • 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. 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 • • Brian Meyman, 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 • 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. II 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 • who would like to comment on the Consent Calendar items. Council Member Rodriguez abstained from Item Nos. 2, 5, • and • due to the close proximity to his residence and business. I! 1111111113 111111111 11�111 ipi I I III I III 1 111 111111 111111 �� 1111111 1 O'l -.0. 2W1 III I 1 11912011 ,TRIFIF I I I MAII : 11 Mer-TrO.Iffir-MoFfflTNIF IM-11 I I Council Member Ashton abstained from Item Nos. 8 and 9, due to the close proximity to his resideice. City Council Minutes '• Meeting — June • 2020 2 +r • RECEIVED18. AND FILED A REPORTi I OF ROUNDABOUI 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 chores 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 5 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 • Item No. 18. It was moved by Council Member Ashton, seconded by Mayor Pro Tern Frometa and carriel inanimously to receive and file the report; and, direct staff to conduct a comprehensive study of all t`— ntersections in the City to identify all the locations within in the City where roundabouts can _nstalled. 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 •-r ESTABLISHING A TEMPORARY MORATORIUM • • • COMMERCIAL TENANTS IMPACTED BY COVID-19 PANDEMIC AND A REPAYMENT PERIOD • UNPAID RENT: Council Member Ashton. City Manager Livas stated this item was placed • the agenda at the request • • 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 • commercial tenants affected • 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 • •. owed rent. Mayor Pro Tern Frometa requested clarification of Council Member Ashton's proposal, and 2sked if the tenant owed three months of rent the tenant should be allowed nine months to repay the back owed rent. 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 COVI D-1 9 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 • 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 • Minutes Regular Meeting - June 9, 2020 6 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-1 9 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 ORDINANCE TEMPORARY •- •- ON • OF r IMPACTED BY • r-19 PANDEMIC AND PROVIDING REPAYMENT PERIOD• UNPAID -Council Member•n 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 t! adopt their own local`l.:: . • + • temporarily suspend evictionsevictions 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 of •- and she can merge the repayment• .i' into the • s Council. b;• " Ashton. `! he proposes a m•: i to expire at the end of July, statedand allow a repayment period of three months for every one month rent that a tenant is in arrears. He even though• approved program tonight,require additional time to •..: unpaid 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 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 . that only . few callson '.. subject have been received. MayorMayor Pro Tern Frometa stated this is a difficult situation during unprecedented times. Having have on the property owners. She stated many landlords rely on the rental income for their livelihood. Pacheco restated her recommendation of allowing ., repayment period of • months Councilfor 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 Regular• • 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 Tem 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. 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 U lilt, Mayor Pacheco adjourned the Regular City Council meeting at 8:58 p.m. in memory of the lives affected by COVI D- 19. 4 YO AAL�ICIA D�UARTAMC BLANCA �PAC IfC City Clerk Mayor City Council Minutes Regular Meeting — June 9, 2020