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HomeMy WebLinkAboutMinutes 06-22-21 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 22, 2021 The City Council of the City of Downey held a Regular City Council Meeting on June 22, 202 at 6:38 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downe California, Mayor Frometa presiding. I 44ag 6=17AT?OF1711 =Te Blanca Pacheco el Catherine Alvarez Sean Ashton Mario Trujillo Mayor Mayor Pro Tern Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Aldo E. Schindler, Deputy City Manager/Community Development Dean Milligan, Chief of Police Dan Hurlock, Fire Chief Delfino Consunji, Public Works Director Vaniah De Rojas, Assistant to the City Manager Alicia Duarte, CC, City Clerk The Invocation was delivered by Pastor Alex Vargas, New Season LA/Downey. The Pledge of Allegiance was led by Police Chief Milligan. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEM-19 CONFERENCE/MEETING REPORTS I Council Member Alvarez welcomed members of the public to the meeting. She requested staff return with an item to discuss continuing public comment participation during the City Council Meeting via email and Zoom. She encouraged the public to continue to be engaged and to contact her either by phone, email or in person at City Hall. She also requested staff return with an anti -harassment ordinance to protect commercial tenants from evictions. Mayor Pro Tern Pacheco welcomed members of the public to the meeting. She acknowledged former Mayor Fernando Vasquez, DUSD Board Members Martha Sodetani and Nancy Swenson, Superintendent Dr. John Garcia, and Michael Calvert in the audience. She reported attending SELACO's check presentations to Moonstone Label, Visual Strategy Signs and Yolie's Zumba all three businesses located in Downey; she visited three Downey homes that received Neighborhood Beautification Awards; and, attended the Moment of Remembrance for Downey lives lost due tf COVID-19. She announced upcoming events: Summer Cyber Safety virtual event and Downey Chamber of Commerce Installation Luncheon. Council Member Trujillo welcomed members of the public to the meeting. He recollected on his relocation from the City of San Francisco to the City of Downey. He mentioned his expectations as to how government should protect and provide services to its residents. He stated the City's services requiring improvement include street conditions, clean alleyways, broadband and accessibility to the internet, infrastructure, broken sidewalks along Lakewood Blvd., blight in corner shopping centers and homelessness. He reported meeting with City Manager Livas and Chief Milligan to discuss Downey's City Council Minutes Regular Meeting - June 22, 2021 homelessness issues. He requested staff convey information to residents regarding the City's efforts to address homelessness. He added there are approximately 200 homeless individuals within the City's jurisdiction and challenged staff to identify solutions to reduce Downey's homeless population to 180 individuals. He thanked Superintendent Dr. Garcia for the great job in Downey's schools. He encouraged the public to contact him with their concerns. Council Member Ashton welcomed members of the public to the meeting. He reported hosting a Town Hall Meeting and thanked the public for participating in his event. He encouraged the public whom continue to have concerns to feel free to contact him or angn M e m ; � r 'e., f - tl4 a P!iV&i k- w- L, 4 He thanked the 51 volunteers who participated in the success of the Keep Downey Beautiful Clean Up event. He requested staff return with an item to discuss continuing public participation during the City Council Meetings via email; and, requested staff return with an item to adjust the fines based on the number of repeated offenses for illegal fireworks. Mayor Frometa welcomed members of the public to the meeting. She acknowledged former Mayor Fernando Vasquez, DUSD Board Members Martha Sodetani and Nancy Swenson and Superintendent Dr. John Garcia in the audience. She commented regarding the City's adoption of a balanced Budget for the eighth year without cutting services to the community. She thanked former Mayor Pacheco for her efforts in leading the City through the COVID-19 pandemic with grace. She reported the City -budgeted $950,000 for the COVID-19 Emergency Rental Assistance Program. The City placed 1,500 door hangers on residential doors throughout the City to notify residents of the program and nearly 1,700 program applications were received thus far. She reported over 292 tons of trash and bulky items were collected between December 2020 through March 2021 and the City increased trash and bulky item collections from twice a week to daily. She announced upcoming events: Twilight Summer Concerts at Furman Park, and a Community Police Appreciation Parade. She reminded residents of the upcoming 4 th of July Holiday and announced only Safe and Sane fireworks are allowed to be discharged in the City. She announced fines will be enforced for anyone caught discharging illegal fireworks. She requested staff enforce code violations for unkept homes and vehicles parked on lawns. • 1. Mayor Frometa presented the Mayor's Champion Award to Jeremy Clifton, President of the Downey Rose Float Association. 2. Mayor Frometa presented the Mayor's Legacy Award to Martha Sodetani. PUBLIC HEARINGS 1. CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2021-2022: Public Works. ADOPTED RESOLUTION NO. 21-8022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2021-2022 Mayor Frometa opened the Public Hearing at 7:26 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco, and carried 5-0, to receive and file. Director Consunji presented the staff report for Item No. 1. 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 seven zones which provide funding for City Council Minutes Regular Meeting — June 22, 2021 2 maintenance of street lights and traffic signals and tree maintenance. He reported on the expendituOl Nstory and the proposed Budget for Fiscal Year 2021-22. Mayor Frometa, at 8:04 p.m., opened this item for public comment. Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on the Public Hearing item. Armando Herman, non-resident, commented regarding the street lights, traffic signals and ADA compliant sidewalks. Rodolfo Cortes Barragan, non-resident, commented regarding how the excessive artificial ligh pollution obstructs the starlight in the night sky. I Mayor Frometa recessed the City Council meeting at 7:39 p.m. Mayor Frometa reconvened the City Council meeting at 7.46 p.m. with all Council Members present. Joey Martinez, resident, commented regarding light pollution's health impacts on the It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco and carried 5-0, to adopt Resolution No. 21-8022, a Resolution of the City Council of the City of Downey confirming Lighting and Landscaping Assessment District 121 for Fiscal Year 2021-2022, 'Talerie4flattera, resident, submitted written comments in opposition of the City hosting a LGBTQ Picnic and Pride Month. Armando Herman, non-resident, commented regarding homosexuality, cited Snyder vs. Phelps, vehicle vandalism, hate crimes and public officials. Arthur Schaper, non-resident, commented in support of a no confidence vote against District Attorney George Gasc6n. He commented regarding public comment protocols, street repairs, broadband technology upgrades, sidewalk repairs, homelessness; and, in opposition of the City hosting Lee Squire, resident, thanked the City Council and staff for the wreath placement on the Vietnam War Memorial. He commented regarding the U.S. Constitution, Veterans, Vietnam War, discrimination and racism. Resident, no name provided, commented regarding the recall of public officials, Freedom of Speech and residential assistance for families affected by COVID-1 9. She commented in support of the LGBTQ community. City Council Minutes Regular Meeting — June 22.2O21 3 IsTMOINM21FENNIM-W IKOAMM15ollope 6-NIFTYPIM it I M F R&I i MIFF I ate -0 0 4 - - - - - - __ Resident, no name provided, thanked Council Members Alvarez, Ashton and Trujillo for their comments to improve the City's technology. He commented regarding the COVID-19 pandemic, government impeding the First Amendment, violations of the Ralph M. Brown Act, and discouragement of public participation. Rodolfo Cortes Barragan, non-resident, commented regarding Downey's population being primarily Spanish speaking, affordable housing for low income families and the rate of anticipated suicide due to stress for lack of rent control in the City. Barbaro Rodriguez, resident, congratulated the Fire Department for their hard work during the COVID-19 pandemic. He commented regarding claims for damages against the City of Downey, constitutional rights, enforcement of Code violations, the lives lost due to COVID-19; and, in support of HERO pay for Essential Workers. Frank Dean, resident, thanked Mayor Frometa for the excellent job she is doing for the City. He thanked the City Council and public servants for exposing themselves to the challenges COVID-19 has created. He stated Fire and Police D*epartrnent budgets require the largest percentage of the City Budget due to the nature of their jobs. City Council Minutes Regular Meeting - June 22, 2021 4 Resident, no name provided, thanked former Mayor Pacheco, Mayor Frometa and the City Council for doing an outstanding job during the COVID-1 9 pandemic. She commented regarding adding a dog park at Crawford Park, illicit behavior amongst transients in the riverbed near Crawford Park, and providing ESIL classes at the Downey City Library. Kevin Ezeh, resident, commented regarding the City Council's and community members' participation in the Keep Downey Beautiful Clean Up events, and Pride Month. Resident, no name provided, commented regarding the complicated COVID-19 Emergen Rental Assistance Program's application process. I Mayor Frometa clarified the COVID-19 Emergency Rental Assistance Program's application regulations are set forth by the Federal Government. She stated staff is available to assist in explaining the application process to residents. Elsa Van Luden, commented regarding Council Member Alvarez's ethics and removal from the City Council and in opposition of flying the Pride Flag at all City buildings. City Council Alvarez requested City Attorney Abich Garcia comment regarding findings of the investigation into her background. Resident, no name provided commented regarding homelessness, embracing the LGBTQ youth, and invited the City Council to participate in an event via Zoom to explore and understand the stigma against the LGBTQ youth. City Attorney Abich Garcia reiterated her prior statement regarding Council Member Alvarez's background. She reported the City received information regarding Council Member Alvarez service on the City Council. The City referred the matter to an outside law firm to review the applicability of Election Code Section 20 and provide the City advice. The City's outside law firm concluded Council Member Alvarez may continue to serve on the City Council. � �Gil �k �0_1 : Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on the Consent Calendar items. Resident, no name provided, commented regarding a Council Member's Conflict of Interest regarding Item No. 8; Item No. 9, water contamination; and, Item No. 12, the Downey Chamber of Commerce marketing regulations to promote businesses in the City of Downey. Rodolfo Cortes Barragan, non-resident, commented in opposition to Item No. 8, reallocating Aiolicing and security funding to City Parks and community services. He commented in support of Item No. 16 and providing additional free educational services for youth. I - �A IIIWO, 17,79-TWITURM MM 140111110-111 City Council Minutes Regular Meeting — June 22, 2021 5 community services. He commented in support of Item No. 16, free admission and additional fr programs for • r M- Council MemberTrujilloabstained from • •' • ` tothe closeproximitytohis residencI •Item • due to the commercial properties he owns in the area. City Attorney Abich Garcia stated with regards to Item No. 8 and Council Member Trujillo reported conflict that involves a security services agreement for essential services is meant to prote the community under the Conflict of Interest Rules and Rules of Necessity the Council is permitted approve Item i • i with Council• 'I • abstaining. Mayor Frometa abstained from Item No. 2, Special and Regular Meeting Minutes of June 2021, due to being absent. nflayor Pro Tern Pacheco asked City Attorney Abich Garcia if there is a Conflict of Interest in her participation in the vote for Item No. 8. City Attorney Abich Garcia clarified she is able to participate in Item No. 8. The rules related to leases is different from the rules related to property ownership. If it were a contract that impacts het lease rate then there would be a conflict, but the item is for a security contract therefore no conflict It was moved r..y... • ` • Tern Pacheco, seconded by Council Member• .. • carried Meeting0, to approve the remainder of the Consent Calendar, with Council Member Ashton abstaining from Item No. 6, and Mayor Frometa abstaining from Item No. 2, Special and Regular Meeting City Council 2. APPROVED MINUTES: Special Meetings of June 8 and 14, 2021; Regular Meetings of May 11 and June 8, 2021: City Clerk. Nos. 000' • a 30004118 Ipl)y _ Nos. 2136, the total amountof $4,862,225.67: Finance. • i • i • i • i i` r •+ r r i + i' • i' E. ACCEPTED WORK FOR MAINTENANCE AND REPAIRS TO THE AUDIO ANDrI COUNCILSYSTEMS IN THE CITY , APPROVEDFIN CONTRACT AMOUNT OF $156,629.0 ' 4; AND, AUTHORIZED THE PUBLIC WOR i OR • i • • IMPROVEMENTPROJECT • 1 " •Works. ACCEPTED • FOR f ;1/21 ANNUAL MISCELLANEOUS CONCRETE (COUNCILr AND =r+ IMPROVEMENTS (CITYWIDE);APPROVED FIN CouncilCity Regular•: authority from cities to adopt their own residential moratorium and established a State Law creating a uniform moratorium for residential tenants so the cities whom had residential moratoriums all expired in September 2020. She stated the City does not have the authority to adopt a moratorium to prevent evictions for residential tenants. Council Member Alvarez inquired if the City can add an anti -harassment clause to the ordinance. She mentioned receiving communications from local business owners advising they are being harassed by property owners for non-payment. She requested staff return with an item to address anti -harassment. City Attorney Abich Garcia stated the anti -harassment clause cannot be added in this ordinance however, if it is the Council's pleasure she can return with an item to discuss an anti -harassment ordinance for commercial tenants at a future meeting. miTiayor Frometa directed staff to return with the anti -harassment ordinance item as a separate iiscussion item. Mayor Frometa stated she is inclined to support the extension of the Urgency Ordinance through September 30, 2021. Drew Davison, property owner, commented in opposition of Item No. 17 and requested the City Council consider the negative financial impact the proposed ordinance would impose on property owners. He commented regarding Personal Protection Equipment, resources available to assist commercial businesses and a revision to the Urgency Ordinance to include a payment plan. Lee Squire, resident, commented regarding the State Law extending the residential tenants moratorium to September 30, 2021. Resident, no name provided, commented in opposition of Item No. 17. He requested a revision of the Urgency Ordinance to include payment plan requiring a percentage of the rent be paid. He commented regarding the possibility of a conflict of interest by allowing Mayor Pro Tern Pacheco to vote on Item No. 17 due to her business. Mayor Frometa stated City Attorney Abich Garcia provided her opinion and Mayor Pro Tern Pacheco does not have a conflict of interest and is able to vote on this item. Rodolfo Cortes Barragan, non-resident, commented regarding implementing rent and mortgags- forgiveness to improve the quality of life of the community. Joey Martinez, resident, commented regarding the negative effects the pandemic has had on businesses, rental assistance for commercial and residential tenants and mortgage forgiveness for vroperty owners. City Council Minutes Regular Meeting - June 22.2O21 9 Council Member Ashton inquired if the ordinance could be extended for only one month to allow staff time to add language to include a repayment clause to require tenants to repay a portion of their rents. City Attorney Abich Garcia stated the Council could amend extending the moratorium from September 30, 2021 to July 31, 2021 and direct staff to return with an item to •- further amendments to include good faith efforts on behalf of the tenants regarding rent repayment. She stated the ordinance language could require tenants to pay a percentage of rent owed. Mayor Frometa concurred with Council Member Ashton that more constricted language needL to be included in the ordinance's language requiring a portion of the rent to be paid to allow the properi owners to be able to conduct their business. City Attorney Abich Garcia reiterated Council's direction to staff to include language requiring percentage of rent repayment during the eviction moratorium period. The payments should be effecti immediately and include a specific percentage of the total rent. I I,T,iayor Pro Tenn Pacheco inquired if the City Council could adopt the Ordinance through July 3 2021 and direct staff to return with language to include a repayment plan to allow for some protection the property owner and extend the ordinance through September 30, 2021. She stated ma employers are having difficulties due to employees not returning to work. She also clarified for t record she does not handle evictions. I - Council Member Alvarez asked if the repayment percentage could be 25% to remain alignm with the residential moratorium and if anti-harrassment language could also be included in t • City Attorney Abich Garcia stated staff's amended recommendation is to extend this moratoriuS through July 31, 2021 and she will return with an item in July to include Council's amendments to t existing Ordinance and an ordinance for anti -harassment. i It was moved by 4-0-1, with Council Member Trujillo abstaining to adopt Urgency Ordinance No. 21-1464, 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 extending the temporary Moratorium through July 31, 2021 on evictions of commercial tenants for nonpayment of rent resulting from loss of income due to the COVID-19 pandemic and rent repayment period; and setting forth the facts constituting such urgency; and, directing staff to return with a staff report including the City Council's • the use of illegal fireworks; the current fine structure; property owner's responsibility; and, equipment used for enforcement. He stated staff set up electronic message boards located at entry points in the City, displaying the message regarding the $2,000 fine for most violations. He stated the City of Downey is one of 36 cities that allows "Safe and Sane" fireworks to be discharged; and, property owners are and will be held responsible for illegal fireworks being discharged on their properties or in the possession of Individuals • their property. City Council Minutes Regular Meeting — June 22, 2021 10 Council Member Alvarez asked about the length of time to amend an ordinance. City Attorn Abich Garcia stated it takes 44 days for an amended ordinance go into effective. I I rOW I P 0 -1W-7jKZN1F, Mayor Frometa asked City Clerk Duarte if there was any written correspondence receiven. regarding Item No. 18. City Clerk Duarte confirmed no written comments were received. May Frometa asked if there was anyone present who would like to comment regarding Item No. 18. 1 Joey Martinez, resident, commented in opposition of raising fines for discharging illeg fireworks. i no ireyenm=- Armando Herman, non-resident, commented in opposition of the ordinance to increase fines to detour the use of illegal fireworks. :10t;] Isis 0 0 0 0 elm 0 111!1111i i 111 61111-111 It was moved by Council Member Alvarez, seconded by Mayor Frometa, and carried 5-0, to receive and file the Administrative Report and provide additional direction to staff to return with recommendations to address repeated offenses and stricter enforcement alternatives for illegal fireworks discharge. Council Member Alvarez read into the record the story of the Stonewall riots of June 28, 196 She stated the LGBTQ community is requesting respect and stated this is the reason the LGBT community is requesting to fly the Pride Flag at all City facilities. Council Member Ashton stated the nation's history included war to help build the nation. indicated that it is good to acknowledge that every individual matters and he supports flying the Pri Flag at City facilities. Mayor Frometa asked if there was anyone present who would like to comment regarding Ite No. 19. Mayor Frometa asked City Clerk Duarte if there was any written correspondence receiv, regarding Item No. 19. Arthur Schaper, non-resident, commented in opposition of flying the Pride Flag at all Cil buildings. 11 qj!11�111 III gill III I I I !, 111 N11111 11 1 1 off 0 u0nitirug-lamol 0 a 0 Resident, no name provided, commented in opposition of -flying the Pride Flag at all City buildings. City Council Minutes Regular Meeting — June 22, 2021 12 I 1111,11111TEFI Resident, no name provided, commented in opposition of flying the Pride Flag at all City buildings. Resident, no name provided, commented in opposition of flying the Pride Flag at all City buildings. Resident, no name provided, commented in support of flying the Pride Flag at all City buildings. Alex Vargas, resident, commented in opposition of •I the Pride Flag at all City buildings. Sohee Kim, resident, commented in opposition of flying the Pride Flag at all City buildings. Kevin Ezeh, resident, commented in support of flying the Pride Flag at all City buildings. Mike Greenspan, non-resident, commented in opposition of flying the Pride Flag at all Cii buildings. Armando Herman, non-resident, commented in opposition of flying the Pride Flag at all Cii buildings. Rodofo Cortes Barragan, non-resident, commented in support of flying the Pride Flag at all Cil Wuildings. 1 1111;1111yqijr��qg :111��I 1 111, ,1 ,1 !11111� risjz= Bruce Crow, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. Doris Diaz, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. Julie Rust, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. Ron and Jennifer Boren, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. They commented in support of the unity of the City Council. Beverly Norberg, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. Laura Dean, resident, submitted written comments in opposition of flying the Pride Flag at all City buildings. Having no one else, Mayor Frometa closed public comment. Council Member Alvarez stated she is a native. She shared how the American Flag brings her pain yet at the same time symbolizes freedom. She mentioned how many churches in the City are not accepting of her due to her disability, political views, and being a member of the LGBTQ community. She commented how everything can bring division, how she has been bullied, how religion should not be divisive rather it should represent unity, and everyone should be treated equally. She stated the Pride Flag represents unity and acceptance. She stated Downey's youth should be encouraged to express themselves freely and seek direction from their elders. She stated she is discouraged for the lack of support for the LGBTQ community from the 53 churches in Downey. City Council Minutes Regular Meeting — June 22, 2021 13 Council Member Trujillo thanked everyone whom came out and respectfully expressed their opinions. He mentioned his surprise that the faith community would strongly oppose flying the Pride Flag which symbolizes hope and unity. He reflected on the challenges he and his husband have endured by the Catholic church and being unable to be married in his faith. He stated he has attended the Clergy Council meetings due to the good things the Clergy Council does for the community. He A�1#6iai 2�,Iqhm4v age out of the foster care system and become homeless. He mentioned he is blessed to be born in America and how the U.S. Flag represents quality and justice for all. He attributed his pride to the U.S. to his mother's patriotism. He thanked the U.S. Military for fighting to protect freedom of speech, religion, the freedom to live and not hurt others. He stated the Pride Flag is a symbol of hope and acceptance. He stated he is going to support this item in honor of the Trevor Project and the Rainbow Allia-ice. I,flayor Pro Tern Pacheco thanked the members of the public for expressing their opinions. She commended Council Members Alvarez and Trujillo for their comments. She recollected on the challenges her cousins faced being part of the LGBTQ community which she stated as being the reason that she supports the LGBTQ community and she will support flying the Pride Flag. Mayor Frometa thanked the members of the public for expressing their opinions. She stated tonight's discussion is not to determine if Downey is a conservative or liberal City, the issue is inclusion. Something that should unite the entire City regardless of race, immigration status, or thoughts on an issue, She stated the more the community continues to place labels upon themselves, including separate flags, the more subgroups are created. She stated the issue being discussed tonight is the belief of erecting a different flag, representative of a certain community, how will it bring unity to the community. She added Downey is an inclusive community and gay business owners are successful. She stated in flying the Pride Flag the City Council would need to be open to any other symbol or flag in the name of inclusion and equality. She thanked the faith based organizations in the City who have been doing tremendous things in the community. It was moved by Council Member Alvarez, seconded by Council Member Trujillo, and carried 4- 1 -0, with Mayor Frometa voting no, to fly the Pride Flag at City Hall for the remainder of June 2021 and moving forward the entire month of June every year at all City facilities. City Manager Livas clarified information being said throughout the meeting about the number of City programs discontinued due to COVID-19 restrictions and stated programs were being conducted virtually and a number of programs were added rather than discontinued. 0 1-03 rein V Ta IL I i Mayor Frometa adjourned the Regular City Council Meeting at 12:14 a.m. Ju 23, 2021 in memory the lives lost due to COVID-19. &LIC�IADU�A�TE, MCCL ICI A M. City Clerk Mayor City Council Minutes Regular Meeting — June 22, 2021 14