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CC - Item 4B - Minutes of March 24, 2020 Emergency MINUTES OF THE ROSEMEAD CITY COUNCIL EMERGENCY MEETING MARCH 24,2020 An emergency meeting of the Rosemead City Council was called to order by Mayor Pro Tem Armenta at 7:12 p.m., in the Rosemead City Council Chamber located at 8838 East Valley . Boulevard, Rosemead, California. PRESENT: Mayor Clark (teleconferencing from 3109 N. Prospect Avenue, Rosemead, CA 91770), Mayor Pro Tem Armenta, Council Members l ang, Low (teleconferencing from 1039 La Presa Avenue, Rosemead, CA 91770) and Ly ABSENT: None STAFF PRESENT: City Manager Molleda,Ass stant n Ci Manager Kim,City Attorney Richman (teleconferenced), and City Clerk Hernandez - 1. MATTERS FROM CITY MANAGER&STAFF ^. A. Urgency Ordinance $o 993;y Temporarily�Prohibiting Evictions of Residential and Commercial Evictions of Tenants.Arising fromIncome Loss or Substantial Medical Expenses Related to the COVID9Pandemic' Recommendation: That the Ci Counciltintroduce and adopt by title only,Urgency Ordii an e No. 993 entitled 0.4 URGEORDIN ;CE OF THE CITY COUNCIL OF TIIE CIT ' kOF ROSEMEAD TEMPORARILY } PROHIBITING EVICTIONS OF RESIDENTIAL AND COMMERGaIAL TENANTS ARISING FROM INCOME LOSS OR SU=BSTANTIAL MEDICAL EXPENSES RELATED TO THE,COVID-19 PANDEMIC two Richmanrstated tonight'slight of the current COVID-19 discussion is in City Attorneq� pandemic and.inrresponssee,,to the circumstances we are presently in, which may lead to potential layoffst�edfe�are adhering to State,Los Angeles County Department of Public Health,as well as ourlocal emergency,with the Safer at Home and Shelter in Place Orders; informed Council this ordinance is a temporary moratorium on the eviction for nonpayment of rent by residential or commercial tenants that are impacted by the COVID-19 profit pricing; explained this will allow Council to adopt the eviction moratorium and be effective from the date that the ordinance is adopted through its expiration(mirroring the Governor's order currently until May 31St), and if it is extended, then the ordinance will also be extended. Mrs. Richman indicated a tenant has the right to notify the landlord in writing or via text (if that is a standard communication) advising what their circumstances are and how the current pandemic has impacted their ability to pay a portion of or even all of their rent during the period of the ordinance,and subsequently,the landlord will not be permitted Rosemead City Council Emergency Meeting Minutes of March 13, 2020 Page 1 of 6 AGENDA ITEM 4.B to pursue an unlawful detainer action or any three day pay or quit notices, or otherwise, speak to that tenant. Once the ordinance expires, then there will be a six-month period within which the tenant must repay that rent to the landlord, but they will have the full six months if needed in order to complete backpay. She stated this ordinance basically serves as an additional right as it relates to landlord tenant law, giving rise of a tenant to use as a defense against any notices to quit or evict; emphasized the tenant is the one that has the. right to defend as it relates to any attempt to evict and this does not give the city the position to be involved in any landlord and tenant issues. Mayor Pro Tem Armenta thanked Mrs. Richman for providing a detailed report; indicated this ordinance applies to individuals that are affected b e closure and losing their income due to COVD-19; inquired if an individual is already,receiving a pension and the pension • is not stopped,then they are not exempt from a tnghe r rent during this period. t rte. City Attorney Richman concurred with 1Virs. Armenta s statement that if you are still receiving your standard pension in full with ut any changesen you would not be able to provide reason or evidence to your landl�rd fo avail yourself offs Mrs. Richman defined financial impact as "the use and feel that there is a substantial decease in your household, or your business income." = 4• ; ._. - Mrs.Armenta shared even though tee is working om home,she must still pay the monthly mortgage on her home as shes$still receiving a paycheck; stated we are committed to helping our residents out and also need t ensure it is�clear that this applies to those individuals that have lost their jobsor a portion of their income due to the pandemic. ., F ° ' } Mrs. Richman clarified the definitio .of'f inancial� impact also includes "if you are experiencing substantial the hof pocket medical expenses or taking care of your minor children and the expenses related to the pandemic." That's how the County and surr„oUdd.ihgcities define$t but;itispat the Council's discretion to change the definition. council MembTow expressed support or the ordinance; opined it is unfortunate this is ening, and thest we cat o is offer support to the residents and businesses that are • impacted by the pander; applauded the Governor and the County for bringing this item WA forwaran-effort to protect the people. Mayor Clark-echoed M ow's sentiment that this item is very important; shared she heard on the newsahaCongress may pass a Coronavirus Relief Bill which will allow the issuance of stimulus4hecks — $1,200 per person, $2,400 per married couple and $500 per child; inquired i that Bill does go through, should we include any provision requiring them to provide some of that monetary towards their rent, noting landlords will also be impacted financially as they pay a mortgage on the property; expressed she hopes people do not look at those stimulus checks as free money to blow, rather use that money responsibly. Council Member Ly stated he appreciates and understands Mayor Clark's suggestion for a provision, however we are still waiting for the law to pass, therefore I do not think we can dictate in an urgency ordinance something that may or may not happen; opined I do Rosemead City Council Emergency Meeting Minutes of March 13,2020 Page 2 of 6 caution us at the government level trying to dictate how someone uses their rebate, emphasizing that should be at each individual's discretion to assess their own needs. Mr. Ly expressed the urgency ordinance is both merciful and just as it recognizes the need to do something for our residential and commercial tenants within this community that are impacted by providing additional time to pay their rent. Council Member Dang also expressed support for the ordinance as it benefits both the renter and owner; asked in terms of the enforcement measure — if a renter has a problem and is evicted, how would this situation be handled, are they able to file an appeal. City Attorney Richman reiterated the whole point o, thisr ordinance is that they cannot be evicted if they notify the landlord of their situationsof substantial financial impact; stated if the landlord tries to issue notice of eviction,it has'notactual effect if they have informed the landlord of their circumstances, then they can simply igcnore the notice; noted if there is an unlawful detainer hearing, then they will show proof of notice of hardship sent to landlord and explain their financial impact. Mrs. Richman bpi* it will be important once this ordinance is adopted, to get word out so that the`public is aware of their rights as tenants. cft- NO:4*/ Mr. Dang suggested havinguidelines made availab e so that tenants understand if there is an unlawful eviction, the City can of dispute it forthem. Mrs. Richman indicated the ordinance is similar to ABB154482, which provided some rent increase caps and nhaud evictionigptectiom,-4urther explaining the government does not get involved{>in disputestbut it gives an.additional defense and rights to the tenant as it relates to thateuiction process; urged`tenants to keep a record of all documents and correspondence with. their landlords,this way they will have a defense and can assertively says eye are,note41: nse andzto the three day notice as they already provided proof of financial info action such date. �`� ` .t City Manager Maeda informed Council that staff has already put some guidelines together,highlighting what the City:Attorney discussed and made it easier to read as well; asserted;=giff you approv4he ordinance tonight, we will start promoting the guidelines tomorrow,onFthe City's website and social media pages. J tigofi Council Member Low asked if it is possible to translate this information into the City's designated languages (Mandarin, Vietnamese and Spanish) so all residents can be made aware that the City is here to support them. City Clerk Hernandez affirmed we will translate the ordinance just as we have been translating all other notices pertaining to the pandemic. Mayor Clark reiterated her concerns raised earlier, suggested including verbiage in the notices clearly stating that this is a postponement of their rent payment and not a permanent absolution. Rosemead City Council Emergency Meeting Minutes of March 13, 2020 Page 3 of 6 Council Member Ly indicated support to include Mayor Clark's suggested verbiage in the notice. Mayor Pro Tem Armenta agreed a friendly reminder is a good idea that they will still need to meet the financial obligations once the moratorium ends. Mrs. Armenta shared she received an email from a resident that lives at the mobile home park on Garvey Avenue, who indicated they were being threatened with an eviction, even though the resident lost their job and is taking care of her children; stated the resident was begging for help because she did not know what to do and was worried her children would have to live out on the street with the fear of contracting the virus. Mayor Pro Team Armenta stated she contacted the City Manager and was pleasantly surprised to learn the City Manager and our City Attorney were already working on something to;_address this matter; expressed the City does look out for our residents and businesses;.„thankingi,City Manager Molleda and City Attorney Richman for their steadfast efforts Councilmember Ly echoed Mrs. Armeiita s thoughts,noting he,ceived a call today from a daughter of a vulnerable older familythatwas worried becausethey lost their job so he reached out to the City Manager and was informed that Mayor Pro tem Armenta already zgreyv brought this matter up and was adamant that itbeeagendized as quickly aspossible. Mr. Ly noted Mrs.Armenta first ran for City Council 13 years ago because she was adamant about being the voice of those that twere Tthe;.most vulnerable in the community such as our seniors; expressed appreciation to Mayorr.Pro.em Arm eenta for continuing to demonstrate that passion, leadership, and initiative; thanked.the Crty�.<Manager and City Attorney for getting this outt'assqu ckly�as they did as well as Cmty,�staff'for responding to the needs of our community Mayor Pro Tem Armenta thanked Council Member Ly for the kind words. City AttorneyLl ichmanxiead 0 d Urgency inanee No. 993,entitled"An Urgency Ordinance 0,o a City Councilyof the Ctylof Rosemead temporarily prohibiting evictions of residential and commercial t its arisi gfrom income loss or substantial medical expenses related to he COVID-19 pandemic.” 4 k, ACTION oved bye Council Member Ly and seconded Mayor Clark to introduce*an adopt b-title only, Urgency Ordinance No. 993, entitled: ANTU GENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TEMPORARILY PROHIBITING EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM INCOME LOSS OR SUBSTANTIAL MEDICAL EXPENSES RELATED TO THE COVID-19 PANDEMIC Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None Rosemead City Council Emergency Meeting Minutes of March 13, 2020 Page 4 of 6 2. ADJOURNMENT Mayor Pro Tern Armenta adjourned the emergency meeting at 7:36 p.m. to the March 24, 2020 regular meeting scheduled at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED: Isk, Sandra Armenta, Mayor t t .,w.. 1 'gyp . ti -isi .--� P. f-t: h : At: -,i‘,1. •..: 41 %14' i'M7f Rosemead City Council Emergency Meeting Minutes of March 13, 2020 Page 5 of 6 NOTICE OF EMERGENCY MEETING CITY OF ROSEMEAD CITY COUNCIL An emergency meeting of the City Council of the City of Rosemead has been called by the City Council on the 24th day of March, at 7:00 p.m., in the Council Chamber located at 8838 E. Valley Boulevard, Rosemead, CA 91770, for the purpose of holding an emergency session to consider those item(s).listed on the attached agenda. I--- . '.--i•A. - cka Hernandez, City Clerk Y STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §t' •,-' CITY OF ROSEMEAD ) '0 t` .: I,Ericka Hernandez, City Cl-rk,do hereb'certifyAhat acopy of�hkNotice of Emergency Meeting of the City Council of C .- f.Rosemead~CA tol e 'eld on the 24th day of March 2020, at the hour of 7:00 p. . as no ted.and posted pursuant to overnment Code 54956.5 4' March 24, 2020 E cka Hernandez, ty Clete o Date qM Rosemead City Council Emergency Meeting Minutes of March 13, 2020 Page 6 of 6