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HomeMy WebLinkAbout01b. Minutes - 06-23-20 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 23, 2020 The City Council of the City of Downey held a Regular City Council Meeting on June 23, 2020, at 6:31 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Pacheco presiding. Council Members: Blanca Pacheco Claudia M. Frometa Sean Ashton Rick Rodriguez Alex Saab Mayor Mayor Pro Tern Council Member Council Member Council Member (teleconference) 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 James McQueen, Human Resources Director Alicia Duarte, CIVIC, City Clerk The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was led by Council Member Saab. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He reported attending the reopening of Golden Park and thanked City Manager Livas, Assistant City Manager Oskoui and staff involved in the completion of the project. He requested staff research and return to Council with recommendations to grant a six month extension for permits and entitlements for residential and commercial projects affected by COVID-19. He requested staff address debris and loud noise at Raising Cane's during late night hours. He also requested staff enforce lawn parking violations in residential areas. Mayor Pro Tern Frometa welcomed the audience to the meeting. She reported participating in the Rotary Club meeting where they discussed the COVID-19 pandemic and measures the City has taken to reopen City Hall to the public. She asked the audience to continue to be supportive of local businesses while following safe health practices to prevent the spread of COVID-19. She reported the number of cases continue to rise and indicated there are 1,308 cases in Downey. She emphasized the importance of not hosting large family gathering over the 4t" of July holiday. She requested additional patrols at commercial parking lots to ensure public safety and discourage gatherings of large groups and car racing. She requested staff address the use of illegal fireworks citywide. She also requested staff enforce the City's noise ordinance for excessively loud music. Council Member Rodriguez welcomed the audience to the meeting. He thanked the Police Department on behalf of Leslie Cimarrona, resident, for their hard work with the homeless population. He requested staff address the use of hard balls in baseball fields at City Parks to reduce injury to small children playing in nearby areas. Mayor Pacheco welcomed the audience to the meeting. She acknowledged Michael Calvert in the audience. She reported the reopening of nail salons and gyms, and reminded the audience to continue to wear facial coverings while conducting business to prevent the spread of COVID-19. She reported the number cases are continuing to increase due to additional testing being available and people out enjoying the reopening of businesses. She reported attending the reopening of Golden Park and mentioned being selected to serve as Director at Large for the League of California Cities Los Angeles Division. She requested staff research reporting the use of illegal fireworks anonymously on the Downey App. City Manager Livas stated residents are able to call the Police Department to anonymously report the use of illegal fireworks. He stated the Los Angeles Times published an article regarding the spike in the nightly explosions of illegal fireworks arriving earlier and more intensely than usual. He stated it is due to people working from home and having time to drive across Stateline to purchase the illegal fireworks. He mentioned the City has increased fines and implemented additional measures to identify individuals using illegal fireworks when both legal and illegal fireworks are being ignited at the same time. PRESENTATIONS: None. PUBLIC HEARINGS 1. ADOPTED PROPOSED BUDGET FOR 2020-21 FISCAL YEAR: Finance. ADOPTED RESOLUTION NO. 20-7945, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2020-2021 BUDGET AND THE ANNUAL APPROPRIATIONS LIMIT Mayor Pacheco opened the Public Hearing at 6:54 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by Mayor Pacheco, to receive and file. City Clerk Duarte noted there was no correspondence received. City Manager Livas provided a brief review regarding the implementation process of the City's Budget in accordance with Council's goals and priorities. Director Gandhy presented the staff report for this item. He presented Fiscal Year 2020-2021 Executive Summary ending estimated reserve of $43,049,091 (pre COVID-19) and ending estimated reserve of $30,296,977 (post COVID-19) which reflects the impact on Fiscal Years 2019-2020 and 2020-2021. He provided the budget summary of all funds totaling $241,975,786, which include the cost of personnel operations, materials, supplies, capital equipment, capital improvements projects, and transfers to other funds. The proposed General Fund portion of the budget is $98,238,268 in operating expenditures and is based upon estimated General Fund Revenues of $106,858,667. This is the eighth structurally balanced proposed budget continuing to demonstrate the City's strategic financial management, evidenced by the organization's ability to balance the budget while navigating the financial impacts of the rapid onset of the COVID-19 pandemic. Director Gandhy provided a breakdown of the General Fund expenditures as follows: Fire and Police 65%, Public Works 8%, Parks and Recreation 10%, Community Development 5%, zero transfers out and General Government 12%. He mentioned the increase in expenditures is partially due to the continued rise for CaIPERS pension costs. City Manager Livas clarified the reduction of labor costs was not attrition rather a planned systematic approach to keep the labor costs in balance. Staff learned from the recession to manage its labor costs to not revert to pre -recession costs. The City is expected to provide a level of service and continues to strive to uphold its resident's expectations in an efficient and sustainable manner. He provided a comparison as to how the City monitors its full time staffing levels and noted the City of City Council Minutes Regular Meeting — June 23, 2020 2 Downey was nine out of 10 cities of similar population, size and services. The City of Santa Monica has 23.43 staff members per every 1,000 residents whereas the City of Downey only has 3.81 staff members per every 1,000 residents. He stated staff is always looking for methods to save the City money which is a testament to all the Department Heads and the City Council mandating finances are kept in order. Council Member Rodriguez inquired about the City's succession plan. City Manager Livas responded staff is continually building the succession plan and currently preparing for the upcoming years when it is estimated 75% of the Executive Management team will retire. He mentioned how fortunate he was to be part of the previous succession plan as he was mentored and promoted; similar to Director Schindler's mentorship position. He stated the City has talented staff, Recreation Manager Chacon being another one of the talented staff members. Council Member Rodriguez inquired about the process to make the temporary position permanent. City Manager Livas stated if it were the City Council's pleasure to make the position permanent the City Council would provide direction to change the temporary position to permanent. Council Member Saab inquired if there were any other positions changing from temporary to permanent or any additional positions included in the budget other than the Police Officers through Measure S funds. Director Gandhy confirmed no other positions were added to the proposed budget, one position in the Finance Department was reclassified without an increase to the salary. City Manager Livas confirmed the six vacant positions have been frozen, staff has assisted with the additional duties from the vacancies, and no additional positions have been added to the proposed budget for Fiscal Year 2020-2021. Mayor Pacheco opened the Public Hearing for public comment at 7:16 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there was anyone present who would like to comment on Public Hearing item. Armando Herman, resident, commented regarding COVID-19's impact on the budget, infrastructure, parks and public officials. Alex Contreras, resident, commented regarding increasing the budget for social services and mental health care in public schools to help families that are in need, and reduce the Police Department's budget to subsidize the additional social services. Rodolfo Cortes Barragan, non-resident, commented regarding advocating for additional housing appropriations to increase the Community Development Block Grant funds, rental assistance relief and anti -poverty programs. Ralph Dulox, non-resident, commented regarding exclusive franchises, the trash company, the proposed budget, and allowing a poker club business in the City for additional revenue. Nelson, non-resident, commented regarding Project Room Key and the transfer of funds from the Police Department's budget to public services in order assist the homeless population with housing during the COVID-19 pandemic. Joey Martinez, resident, commented regarding increase cases of COVID-19, frivolous lawsuits, City staffing, and Measure S Projects. Having no one else, Mayor Pacheco closed public comment. City Council Minutes Regular Meeting — June 23, 2020 3 It was moved by Council Member Saab, seconded by Council Member Rodriguez, and so ordered by Mayor Pacheco to close the public hearing at 7:32 p.m. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried unanimously to adopt Resolution No. 20-7945, a Resolution of the City Council of the City of Downey adopting the Fiscal Year 2020-2021 Budget and the Annual Appropriations Limit. ADOPTED RESOLUTION NO. 20-7946, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE CITY'S UNIFORM SCHEDULE OF FEES Mayor Pacheco opened the Public Hearing at 7:33 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Assistant to City Manager De Rojas presented the staff report. She provided a brief history regarding the City Council's approval in 2019 of the automated annual adjustment to the City User Fee Schedule based on the Consumer Price Index for the Los Angeles -Orange -Riverside Metropolitan Statistical area. She stated the fees were adjusted only to fees that had not currently achieved full cost recovery. She stated fee increases were rounded up or down depending if they were greater or less than 50 cents, respectively. There are a few exceptions, the first in the Community Development Department (Building & Safety) fees were increased by the actual dollar amount; and, the second was in the Parks and Recreation Department (Rio Hondo Golf Course). She stated one new fee was added to the Schedule under the Public Works Department (Engineering), "Wireless Facility Submittal" fee. The fee was added to enforce aesthetic standards pertaining to wireless facilities located within the City public right-of-way. Mayor Pacheco opened this item for public comment at 7:36 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there was anyone present who would like to comment on Public Hearing item. Armando Herman, resident commented in opposition of the increase to the Uniform Schedule of Fees based upon the Consumer Price Index. Rodolfo Cortes Barragan, non-resident, commented in opposition to all increases in the Uniform Schedule of Fees. He commented in support of advocating for additional appropriations from the State to offset the increases. Having no one else, Mayor Pacheco closed public comment. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by Mayor Pacheco to close the public hearing at 7:40 p.m. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried unanimously to adopt Resolution No. 20-7946, a Resolution of the City Council of the City of Downey adjusting the City's Uniform Schedule of Fees. City Manager Livas reported the City has mental health providers that work with the Police Department, City Manager's Office and other departments to ensure that the homeless population is served. He mentioned the Measure S Projects have been completed: Fire Stations No. 1 and 3; Golden, Apollo, Independent Parks; Civic Center; and, the Police Department. Furman Park is scheduled to open early July, and the Library and Wilderness Park are currently under construction. City Council Minutes Regular Meeting — June 23, 2020 4 The Measure S Projects have been constructed on budget and without any additional personnel. He stated the City consistently lobbies Congress for additional Community Development Block Grant funding yearly. 3. ADOPTED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PARAMOUNT BLVD. AT IMPERIAL HWY. INTERSECTION IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 19-06): Public Works. ADOPTED RESOLUTION NO. 20-7947, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PARAMOUNT BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Mayor Pacheco opened the Public Hearing at 7:41 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Director Consunji presented the staff report. He provided a brief history regarding the initial study and Mitigated Negative Declaration as having no impact or less than significant impact on aesthetics, air quality, biological resource, cultural resources, soils, GHG Emissions, hazmat, water quality, noise and transportation. He summarized the Paramount Blvd. at Imperial Hwy. Intersection proposed improvements to reconstruct the intersection and provide dual left turn lanes in the southbound and westbound directions, Americans with Disabilities Act improvements, and new striping and signage. He stated the total project costs would be $3,185,000 and is 100% funded through the 1- 710 E I R Early Action Program Grant. Council Member Saab inquired if the striping and modifications could be more creative. Director Consunji stated the striping and modifications are done pursuant to the Caltrans Standard Manual on Uniform Traffic Control Devices with decorative concrete crosswalks. He stated the plans are currently in the design stage and a decorative design would be incorporated. Mayor Pacheco opened this item for public comment at 7:53 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there was anyone present who would like to comment on Public Hearing item. Alex Contreras, resident, commented regarding installing permanent protective bicycle lanes. Armando Herman, resident, commented regarding Americans with Disability Act project improvements, the cost of the project, and political leaders. Having no one else, Mayor Pacheco closed public comment. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by Mayor Pacheco to close the Public Hearing at 7:59 p.m. It was moved by Council Member Saab, seconded by Council Member Ashton and carried unanimously to adopt Resolution No. 20-7947, a Resolution of the City Council of the City of Downey adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Paramount Boulevard at Imperial Highway Intersection Improvement Project in accordance with the requirements of the California Environmental Quality Act. City Council Minutes Regular Meeting — June 23, 2020 5 4. ADOPTED RESOLUTION CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT (AD) 121 FOR FISCAL YEAR 2020-2021: Public Works. ADOPTED RESOLUTION NO. 20-7948, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2020-2021 Mayor Pacheco opened the Public Hearing at 8:00 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Director Consunji presented the staff report. He provided a brief summary of the history of the Lighting and Landscaping Assessment District 121 established pursuant to the provisions of the Lighting and Landscaping Act of 1972 and Part 2 of the Division 15 of the California Streets and Highways Code. He provided a brief summary of the zones and energy charges; and, reported on the expenditure history and the proposed budget for Fiscal Year 2020-21. Mayor Pacheco opened this item for public comment at 8:04 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there was anyone present who would like to comment on Public Hearing item. Having none, Mayor Pacheco closed public comment. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered by Mayor Pacheco to close the public hearing at 8:05 p.m. It was moved by Council Member Saab, seconded by Council Member Rodriguez and carried unanimously to adopt Resolution No. 20-7948, a Resolution of the City Council of the City of Downey confirming Lighting and Landscaping Assessment District 121 for Fiscal Year 2020-2021. 5. REQUEST FOR A ZONE CHANGE TO REZONE A PORTION OF A PROPERTY LOCATED AT 9432 TELEGRAPH ROAD FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL): Community Development. INTRODUCE ORDINANCE 20- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A ZONE CHANGE DESIGNATION (PLN-19-00162) FOR PROPERTY LOCATED AT 9432 TELEGRAPH ROAD, THEREBY CONVERTING THE NORTH 42 FEET OF THE PROPERTY FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) Mayor Pacheco announced the scheduled Public Hearing would not be considered tonight and is being continued to the next regularly scheduled City Council Meeting of July 14, 2020 at 6:30 p.m. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and carried unanimously to continue Public Hearing to request a Zone Change to rezone a portion of a property located at 9432 Telegraph Road from P-B (Parking Buffer) to C-2 (General Commercial) to the next regularly scheduled City Council Meeting of July 14, 2020 at 6:30 p.m. 6. CONSIDERED AND APPROVED AN AMENDMENT TO THE 2017-2018 HOME INVESTMENT PARTNERSHIPS GRANT ANNUAL ACTION PLAN FOR THE USE OF HOME FUNDS TOWARD THE CITY'S TENANT BASED RENTAL ASSISTANCE PROGRAM FOR LOW -TO -MODERATE INCOME DOWNEY RESIDENTS THAT HAVE EXPERIENCED COVID-19 RELATED ECONOMIC HARDSHIP: Community Development. City Council Minutes Regular Meeting — June 23, 2020 6 Council Member Rodriguez abatainedfnonoUle Public Hearing due toowning rental property in the City and he left the dais. Mayor Pacheco opened the Public Hearing at 8:08p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pm Tern Fmmeta. and So ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was City Manager Liv8S SiGiBd this item was brought before the City COuOC| at the Regular City Council Meeting of June 9. 2020 where the City Council provided direction to staff. He restated the direction to staff was to allocate $200.000 to the Tenant Based Rental Assistance Program from the H[>K4E Program in order to meet the City Counci|'a total goal of$7OU.00U for assistance to Downey residential tenants that have experienced COVID-19 related economic hardship. E]iFeCtO[ Schindler p[HS8DtHd the staff report. He provided 8 brief Upd8L8 SiDC8 the |@UOCh of the program on June 17. He reported on the first day staff received 190 oa||a; MO oa||a were received on June 18; 32 C@||S received on June 19; and, as of today only 20 C8||S were received from individuals iOtHFHSt8d in the program. He SL@t8d in total 382 iDt8[8St8d 8pp|iC@OtS have submitted SC[8HOiDg iO1@kG forms. Staff found that the average [8OL8| unit size is two bHdn]OOOS with one bath and the 8V8[8gH monthly rent is $1.600.00. These findings are based on the information provided by in the screening intake forms. He provided o brief description of the initial intake screening and described the application distribution process once the 500 screenings have been conducted. He stated staff will provide GS8i8tonC8 to complete the 8pp|iC@U0nS and he expects approximately 400 individuals will receive @SSiGtGnCe through the Tenant Based Rental Assistance Program. K88yOr Pro Tern FrOrnet8 inquired if the application submission deadline vvOU|d be extended. Director Schindler clarified the program does not have a deadline and staff will continue to distribute applications until the 500 8pp|iC8dOnS have been met. He stated if the interest C8||S continue to decline and the core number nfinterested applicants has not been rne1 then staff will ne-ueeeaa its outreach and marketing. Council Member 888b inquired what options residents have to apply for the program ifthey dO not have an email or access to a computer. Director Schindler stated residents are able to oa|| the Department for the initial intake screening and the application will either be able to be picked up in person ormailed [nthe resident. Mayor Pacheco asked if the Department has sufficient staffing to aaaia1 the residents. Director Schindler confirmed the Department has more than sufficient staffing. Mayor Pacheco opened this item for public comment at8:13 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written oonnnnentn received on the Public Hearing item. W1oynr Pacheco asked City Clerk Duarte if there was anyone present who vVOu|d like to comment on Public Hearing item. Rodo|fo Cortes Barragan, non-renident, commented regarding pub|inoUons, protesting for rent cancellations, and homeless prevention. Ian Jom8sVn, non-resident, commented regarding the First Amendment and Brown Act violations. Joey Martinez, resident, commented regarding the increase in COVID-19 cases, the rental crisis due to |onG of employment, and alternative methods Of publishing information to reach all nn8rnb8rs of the CODlDlUnitv. City Council Minutes Regular Meeting — June 23.2020 7 Resident, no name provided, commented regarding rent cancellations for residents. Having no one else, Mayor Pacheco closed public comment. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Saab, and so ordered by Mayor Pacheco to close the Public Hearing at 8:20 p.m. City Attorney Abich Garcia stated under the Federal Constitution there is a provision that states local city government or government at any level cannot impair existing contracts. She stated if there is an existing lease or rental agreement in place the landlords are entitled to collect rents. The City cannot adopt an ordinance that would cancel the payment of rent that is owed to the landlord. Should the City do so the City would be liable for their actions. The City is utilizing other tools available such as the rental assistance program and the other items on tonight's agenda, however, the City cannot adopt regulations that impair existing contracts similar to a contract between a landlord and tenant for example. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1 with Council Member Rodriguez abstaining to approve an Amendment to the 2017-2018 Home Investment Partnerships Grant Annual Action Plan for the use of HOME funds toward the City's Tenant Based Rental Assistance Program for low -to -moderate income Downey residents that have experienced COVID-19 related economic hardship. NON -AGENDA PUBLIC COMMENT 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. Rodolfo Cortes Barragan, non-resident, commented in opposition to privatize water and Senate Bill 625. Non-resident, no name provided, commented in opposition of the creation of Senate Bill 625 and the dissolution of the Central Basin Municipal Water District. Ian Jameson, non-resident, commented regarding privatizing public water, Central Basin Municipal Water District's Board of Directors, and against Senate Bill 625. Non -Resident, no name provided, commented in opposition of Senate Bill 625. Joey Martinez, resident, commented regarding the First Amendment, political leaders and in opposition of Senate Bill 625. Linda Bassett, non-resident, commented in opposition to Senate Bill 1795 and Senate Bill 625. Having no one else, Mayor Pacheco closed Non -Agenda public comment. City Manager Livas provided a brief update regarding Senate Bill 625. He stated the Bill is supported by 22 cities; and, the Bill has gone through the California State Assembly and is currently before the California State Senate. He stated the Bill would not privatize water and explained there are currently two processes occurring the first is Senate Bill 625 that would place Central Basin Municipal Water District into receivership under the Water Resource District, a public entity, and will go through a LAFCO process. The second process is lawsuits that were filed against the Central Basin Municipal Water District that are moving forward through the judicial process. He said the City is awaiting the outcome of both processes. City Council Minutes Regular Meeting — June 23, 2020 8 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. City Clerk Duarte pulled Item No. 7, due to a error in the date of the City Council meeting minutes. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried unanimously to approve the remainder of the Consent Calendar. 7. APPROVE MINUTES: Regular Meeting of May 12, 2020: City Clerk. 8. WARRANTS ISSUED: Warrant Nos. 344062 — 344424; Payroll Wire Nos. 30003998 & 30004001 — 30004004; and, Manual Wire Nos. 2013 — 2014 in the total amount of $4,172,634.54: Finance. 9. ACCEPTED WORK FOR PARAMOUNT BLVD. MEDIAN ISLAND IMPROVEMENTS BETWEEN IMPERIAL HWY. AND FIRESTONE BLVD. (PHASE 1); APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,804,446.98; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 14-18): Public Works. 10. AUTHORIZED THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHAW HR CONSULTING, INC. FOR FEHA/DISABILITY INTERACTIVE PROCESS SERVICES: Human Resources. 11. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC., FOR PREPARATION OF THE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development. 12. APPROVED A PROFESSIONAL SERVICES AGREEMENT FOR THE PUBLICATION OF LEGAL NOTICES WITH THE DOWNEY PATRIOT FOR THE PERIOD BEGINNING JULY 1, 2020 TO JUNE 30, 2021: City Clerk. 13. APPROVED A MASTER SUBSCRIPTION AGREEMENT WITH GRANICUS, LLC FOR PEAK AGENDA MANAGEMENT SOFTWARE: City Clerk. 14. AUTHORIZED RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN DIGITAL EMS SOLUTIONS, INC. AND THE CITY OF DOWNEY FOR ELECTRONIC PATIENT CARE REPORTING SOFTWARE AND DATA STORAGE: Fire. 15. ADOPTED RESOLUTION NO. 20-7949, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (JULY 1, 2020 — JUNE 30, 2023): Human Resources. 16. ADOPTED RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION OF THREE COUNCIL MEMBER SEATS FOR DISTRICTS 1, 3 AND 5 FOR NOVEMBER 3, 2020: City Clerk. City Council Minutes Regular Meeting — June 23, 2020 9 ADOPTED RESOLUTION NO. 20-7950, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY OF DOWNEY CITY CHARTER; ADOPTED RESOLUTION NO. 20-7951, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; AND, RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020; AND, ADOPTED RESOLUTION NO. 20-7952, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020. 18. DIRECTED THE CITY CLERK AND CITY ATTORNEY TO CONDUCT THE BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE: City Clerk/City Attorney. 19. RECEIVED AND FILED THE 2019 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development. ADMINISTRATIVE REPORTS 20. URGENCY ORDINANCE ENACTING A TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS IMPACTED BY THE COVID-19 PANDEMIC AND ESTABLISHING A RENT REPAYMENT PERIOD: City Attorney. ADOPTED URGENCY ORDINANCE NO. 20-1444, AN UNCODIFIED URGENCY ORDINANCE 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 OF COMMERCIAL TENANTS FOR NONPAYMENT OF RENT RESULTING FROM LOSS OF INCOME DUE TO THE COVID-19 PANDEMIC; ESTABLISHING A RENT REPAYMENT PERIOD; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY City Attorney Abich Garcia presented the staff report. She stated at the Regular City Council Meeting of June 9, 2020, she received direction from the City Council to return with an ordinance enacting a temporary Moratorium on evictions and establishing a repayment period for commercial tenants. She stated a 4/5 majority vote would be required to adopt the ordinance. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 20. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on Item No. 20. Mayor Pacheco asked if there was anyone present who would like to comment on Item No. 20. Armando Herman, resident, commented regarding the First Amendment, vacancies at the Promenade, cost of renting commercial units, rental assistance for residents, homelessness, and political leaders. City Council Minutes Regular Meeting — June 23, 2020 10 Having no one else, Mayor Pacheco closed public comment. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and carried unanimously to adopt an Urgency Ordinance No. 20-1444, Uncodified Urgency Ordinance 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 of commercial tenants for nonpayment of rent resulting from loss of income due to the COVID -19 Pandemic; establishing a rent repayment period; and setting forth the facts constituting such urgency. 21. URGENCY ORDINANCE ENACTING A TEMPORARY MORATORIUM ON EVICTIONS OF RESIDENTIAL TENANTS IMPACTED BY THE COVID-19 PANDEMIC AND ESTABLISHING A RENT REPAYMENT PERIOD: City Attorney. ADOPTED URGENCY ORDINANCE NO. 20-1445, AN UNCODIFIED URGENCY ORDINANCE 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 OF RESIDENTIAL TENANTS FOR NONPAYMENT OF RENT RESULTING FROM LOSS OF INCOME DUE TO THE COVID-19 PANDEMIC; ESTABLISHING A RENT REPAYMENT PERIOD; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY Council Member Rodriguez announced he would abstain from this item due to owning residential property in the City and left the dais. City Attorney Abich Garcia presented the staff report. She stated the ordinance applies to residential tenants and places a Moratorium on residential tenants until July 28, 2020 and establishes a repayment period of two months to repay every month of rent that is in arrears. She stated a 4/5 majority vote would be required to adopt the ordinance. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 21. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on Item No. 21. Mayor Pacheco asked if there was anyone present who would like to comment on Item No. 21. Alex Contreras, resident, commented regarding extending the moratorium six months longer than the July 28, 2020, termination date and allow additional time to repay rent aside from the proposed repayment period. Armando Herman, resident, commented regarding rental assistance, extending the repayment period and political leaders. Having no one else, Mayor Pacheco closed public comment. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1 with Council Member Rodriguez abstaining to adopt an Uncodified Urgency Ordinance No. 20-1445, 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 of residential tenants for nonpayment of rent resulting from loss of income due to the COVID-19 Pandemic; establishing a rent repayment period; and setting forth the facts constituting such urgency. STAFF MEMBER COMMENTS: None. City Council Minutes Regular Meeting — June 23, 2020 11 ADJOURNMENT Mayor Pacheco adjourned the Regular City Council meeting at 9:00 p.m. in memory of the lives affected by COVID-19; and, the following fallen officers: Officer Julian Keen, Jr., Florida Fish and Wildlife Conservation Commission, Florida; Agent Johan Mordan, US Department of Homeland Security; Officer Dale T. Provins, Jr., Jefferson Hills Borough PD, Pennsylvania; Deputy Sheriff James Blair, Simpson County Sheriff's Office, Mississippi; Sergeant Damon Gutzwiller, Santa Cruz County Sheriff's Office, California; and, the earthquake victims in Oaxaca, Mexico. MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO City Clerk Mayor City Council Minutes Regular Meeting — June 23, 2020 12