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HomeMy WebLinkAboutMinutes 06-23-20 Regular MeetingMINUTES OF REGULAR MEETING 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. CONFERENCE/MEETINGCITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMI 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 41" 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. 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 23.3U2O It was moved by Council Member Saab, seconded by Council Member Rodriguez, and so irdered 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 2dopting the Fiscal Year 2020-2021 Budget and the Annual Appropriations Limit. 2. ADOPTED RESOLUTION ADJUSTING CITY USER FEES: Finance. --,""I'll, .... .... .. .... ............... Mayor Pacheco opened the Public Hearing at 7:33 p.m. City Clerk Duarte affirmed receipt of t Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Fromet and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence w received. I Assistant to City Manager De Rojas presented the staff report. She provided a brief histo regarding the City Council's approval in 2019 of the automated annual adjustment to the City User F Schedule based on the Consumer Price Index for the Los Angeles -Orange -Riverside Metropolit Statistical area. She stated the fees were adjusted only to fees that had not currently achieved full co recovery. She stated fee increases were rounded up or down depending if they were greater or le than 50 cents, respectively. There are a few exceptions, the first in the Community Developme Department (Building & Safety) fees were increased by the actual dollar amount; and, the second w, in the Parks and Recreation Department (Rio Hondo Golf Course). She stated one new fee was add to the Schedule under the Public Works Department (Engineering), "Wireless Facility Submittal" fe i The fee was added to enforce aesthetic standards pertaining to wireless facilities located within the C I public right-of-way. I!,layor Pacheco opened this item for public comment at 7:36 p.m. Mayor Pacheco asked Ci Clerk Duarte if there was anyone on the teleconference line who would like to comment received on t Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there were any written commen received on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there was anyo present who would like to comment on Public Hearing item. Armando Herman, resident commented in opposition of the increase to the Uniform Schedule Fees based upon the Consumer Price Index. i Rodolfo Cortes Barragan, non-resident, commented in opposition to all increases in the Uniforlm Schedule of Fees. He commented in support of advocating for additional appropriations from the Sta to offset the increases. i M-7 M =- It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so orderel_' 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 carrielil 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 The Measure S Projects have been constructed on budget and without any additional personnel ' A - stated the City consistently lobbies Congress for additional Community Development Block Gra funding yearly. 3. ADOPTED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PARAMOUNT BLVD. AT IMPERIAL HWY. INTERSECTION IMPROVEMENTS IMPROVEMENT PROJECT • Public Works. ADOPTED RESOLUTION NO. 20-7947, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING1 NEGATIVE DECLARATION ACCORDANCEMITIGATION MONITORING AND REPORTING PROGRAM FOR THE PARAMOUNT BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT IN REQUIREMENTS OF i;-NIA ENVIRONMENTAL QUALITY received.Mayor Pacheco opened the Public Hearing at 7:41 p.m. City Clerk Duarte affirmed receipt of t Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Fromet and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence w studyDirector Consunji presented the staff report. He provided a brief history regarding the initial and Mitigated Negative•::as having noimpactor • :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 I- 1 El R Early Action Program 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 •..ic Hearing item. Armando Herman, resident, commented regarding Americans with Disability Act project improvements, the cost of the project, and political leaders. It was moved by • Member .• seconded by • • Tern Frometa,and so • •- s 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 Council Member Rodriguez abstained from the Public Hearing due to owning rental property in the City and he left the dais. Mayor Pacheco opened the Public Hearing at 8:08 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 Schindler presented the staff report. He provided a brief update since the launch of the program on June 17. He reported on the first day staff received 190 calls; 80 calls were received on June 18; 32 calls received on June 19; and, as of today only 26 calls were received from individuals interested in the program. He stated in total 362 interested applicants have submitted screening intake forms. Staff found that the average rental unit size is two bedrooms with one bath and the average monthly rent is $1,660.00. These findings are based on the information provided by in the screening intake forms. He provided a 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 assistance to complete the applications and he expects approximately 400 individuals will receive assistance through the Tenant Based Rental Assistance Program. Mayor Pro Tern Frometa inquired if the application submission deadline would be extended. Director Schindler clarified the program does not have a deadline and staff will continue to distribute applications until the 500 applications have been met. He stated if the interest calls continue to decline and the core number of interested applicants has not been met then staff will re -assess its outreach and marketing. Council Member Saab inquired what options residents have to apply for the program if they do not have an email or access to a computer. Director Schindler stated residents are able to call the Department for the initial intake screening and the application will either be able to be picked up in person or mailed to the resident. Mayor Pacheco asked if the Department has sufficient staffing to assist the residents. Director Schindler confirmed the Department has more than sufficient staffing. Mayor Pacheco opened this item for public comment at 8:13 p.m. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public "� -'rinA item. Me.Wo.r Pacheco asked Cit�i Clerk Duarte if there were an�A 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. Rodolfo Cortes Barragan, non-resident, commented regarding publications, protesting for rent cancellations, and homeless prevention. Ian Jameson, 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 loss of employment, and alternative methods of publishing information to reach all members of the community. City Council Minutes Regular Meeting — June 23, 2020 7 i. • • •. ff y • • ' • •: • : •1711 in It was moved by • Pro • "' • . seconded by Council' • ' .:a • and so ordereli by . •:r Pacheco to close the Public He :• . •: at i • City eAbich Garcia statedunder Constitution there is aprovision example.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- ordhancei-that -would cancel -the payment of -rent that is owe -to tWilandlord. -ShWId- tWCity 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 CouncilIt was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 44 1 with • ` Rodriguez abstaining to approve an Amendment t• • Investment Partnerships Grant Annual Action Plan for the use of HOME funds toward the City's Tena 11 Based Rental Assistance Program for low -to -moderate income Downey residents that ha experienced COVID-19 related economic hardship. I,T,Iayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line whi would like to comment on Non -Agenda items. Mayor Pacheco asked City Clerk Duarte if any writt public comments were submitted regarding Non -Agenda items. Mayor Pacheco asked if there w1l anyone present who would like to comment on Non -Agenda items. Rodolfo Cortes Barragan, non-resident, commented in opposition to privatize water and Senate "1625. Non-resident, no name provided, commented in opposition of the creation of Senate Bill 6 • the dissolution of the Central Basin MunicipalDistrict. Ian - •non-resident,commented regarding privatizing public water, Central Basin Municipal Water District's Board of Directors, and against Senate Bill 625. Joey Martinez, resident, commented regarding the First Amendment, political leaders and opposition of ' Bill • City Manager Livas provided a brief update regarding Senate Bill 625. He stated the Bill supported by 22 cities; and, the Bill has gone through the California State Assembly and is current before the California State Senate. He stated the Bill would not privatize water and explained there a - currently two processes occurring the first is Senate Bill 625 that would place Central Basin Municip- VVI DIStf-III into receivership under the Water Resource District, a public entity, and will go through LAFCO process. The second process is lawsuits that were filed against the Central Basin Munici�_ IA/ater Dictrilli that are moving forward through the ill-dicial process. He said +he City is awaiCri outcome of both processes. Council Regular- •: - 23, 2020 CouncilIt 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 of of Downey pursuant to California Governmentf•i- Section 8634 . • Downey SectionsCharter and 514 enacting - •• .ry Moratorium on • of • - .l tenants for nonpayment of - • from lossof • • - to the COVID • •-mic; establishing a rent repaymentperiod;and setting forth the facts constituting such urgency. 21. URGENCY ORDINANCE TEMPORARY • - e • -IUM ON EVICTIONS • IMPACTEDRESIDENTIAL TENANTS • PANDEMIC RENT REPAYMENT • DAttorney. Council Member Rodriguez announced he would abstain from this item due to ownirl residential property in the City and left the dais. residential City Attorney Abich Garcia presented the staff report. She stated the ordinance applies to • places a Moratoriumon - •-ntial tenants until July 28, 2020and establishes repayment period of • months to repay every monthof - stated 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 _ o 21. Mayor. • City ClerkDuarte 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 • 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 ieriod and political-.• It was moved by Council MemberSaab, seconded by • • Tern Frometaand carried 4-0- 1 with Council- •- Rodriguez abstaining to adopt an Uncodified Urgency Ordinance • of Council of - 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 . rent repaymentperiod; and setting forth the facts constituting such urgency. City Council Minutes Regular Meeting - June 23, 2020 11 City Council Minutes Regular Meeting — June 23, 2020 12