Downey councilmember Catherine Alvarez shows her allegiance

ca.jpg

The United States of America is the land of opportunity where people can shatter the glass ceiling with the right amount of intellect, ambition, and hard work.  For centuries, people from all ethnicities have flocked to America in order to have a better life and live the American dream.  Unlike most countries, the United States of America has built in safety nets to assist Americans who are struggling, such as social security, welfare, section 8 housing, etc.  Individuals from other countries are not as lucky.  Only in America can an individual with a third-grade foreign education and a few dollars in his name rise and prosper.  My story is no different then most immigrant families.  I am a first generation American who was blessed with the opportunity to attend college, law school, and become the first professional in my family.  

Success does not come easy.  The definition of success is subjective.  One person may define success as owning a home, while another individual may believe success is winning a seat on the Downey City Council.  Luckily, America provides the opportunity for all individuals to ride the success train.  Unfortunately, the United States of America is in a state of flux.  Acts of crime and racism are rampant.  Homelessness remains a problem without any solution in sight. And the pandemic continues to ravage America.  

More troubling, is the increase of entitlement within individuals.  People across the country are demanding free housing, free healthcare, universal basic income, free rent, etc. The notion of entitlement is a stark difference from the ideology my father had in 70’s upon his arrival to America.  Capitalism was alive and well during my father’s arrival.  It is the concept of capitalism that allowed a third grade educated man with no money or ability to speak English, the privilege of obtaining success.  The third-grade man is my father, Jagdish Patel.  If you want something, roll up your sleeves, get dirty, and take it.  Nothing is truly free in life.

In November 2020, self-proclaimed, renter advocate, single and disabled mother, Catherine Alvarez, shattered the glass ceiling and captured a coveted seat on the Downey City Council.  The quotations below are directly from Ms. Alvarez’ campaign website.  

“As a single, disabled mother living in Downey for over a decade, I have worked odd jobs to raise my two sons. I have fought as hard as I can, but when I lost my job and couldn’t make my rent, greedy corporate landlords tossed me and my children out on the Downey streets. Believing that my local representatives would help, I went to the City Council asking for some help, but all i got was a cold response telling me to call some other government number.  I worked tirelessly and was able to get me and my family back on our feet. My experience as a struggling working mother makes me strongly sympathetic to the plight of hundreds of families in our city. 

That is why I founded the Downey Tenants Union, a grassroot non-profit organization that advocates for the rights and general well being of Downey’s working-class families. The lack of sympathy by the current Downey City Council, forced us to raise our voices in the streets of Downey. We have held rallies, defended tenants facing eviction, and made our case for truly affordable housing to the City Council. Yet, the Council still refuses to do all that is possible to help families deal with abusive corporate landlords and the effects of COVID-19. It’s time for a real change. It’s time for a working-class immigrant activist to sit on the Downey City Council.  

When elected to the Council, I will fight for truly affordable housing policies—including public housing—so that all Downey families are secure in their homes. I will push for increasing the percent of the budget that goes to youth programs and senior assistance. I will fight for a Downey that empowers every person to achieve their potential, regardless of their income. I am committed to building a City that prioritizes the needs of working-class families. This is coming from a person who understands your struggles and is willing be the voice on the stand to improve into a greater reality. It would be an honor to earn your support. With your action of to improve into a greater reality. It would be an honor to earn your support. With your action of vote, I will able to change the illness in the city into wellness, because We are in this together.

Again, only in America, can and individual like Catherine Alvarez have the opportunity to capture a City Council seat.  Catherine Alvarez was an outsider during the 2020 election.  Prior and current sitting Downey City Council members are intimately familiar with Ms. Alvarez from the at-home protests she participated in at odd hours of the night.  Nonetheless, the citizens of District 3 elected Catherine Alvarez.  Bravo Catherine Alvarez.  Ms. Alvarez’ victory was a shining display of democracy.

Council members have a great deal of responsibility.  The members of the Downey City Council are expected to operate in a non-partisan manner.  More importantly, Downey City Council members must be neutral in their treatment of constituents, not giving one particular sect of the population favor and vis a versa.  

It is without a doubt that Catherine Alvarez favors the apartment renters in Downey over the landlords and/or homeowners.  Prior to becoming a Downey City Council member, Ms. Alvarez founded the Downey Tenants Union.  In addition, an article in the Los Angeles Times appeared describing Ms. Alvarez’ battle with landlords and her status as a renter.  Indeed, Ms. Alvarez stated, “If I cover the amount of the rent, I’m not going to be able to buy food,” said Alvarez, 34, whose family lives in a two-bedroom apartment in Downey. “We’re not sure what to put first before we run out of money.”    Furthermore, the internet is flooded with videos of Catherine Alvarez discussing the plights of being a renter.  In addition, the presentation given by Catherine Alvarez at the February 9, 2021, City Council meeting solely focused on renters.  Indeed, not once did Ms. Alvarez discuss, weigh, or balance the rights of landowners.   Finally, if there was any doubt to where Ms. Alvarez’ allegiance falls, the lawsuit involving herself and hundreds of renters from the Edon Roc Apartments, demonstrates her strained relationship with landlords.  See Los Angeles Superior Court Case Number 20STCV20074.  Catherine Alvarez is one of the hundreds of Plaintiffs seeking significant damages based on violations of a rental agreement between renters and the landlord.

The constituents in District 3 are concerned that Catherine Alvarez’ status as a renter, the various articles and videos noted above, and her role in active litigation involving a dispute over a rental agreement, make her unable to be impartial and effectuate her duties as a representative of District 3.  Has Catherine Alvarez forgotten about the homeowners and business owners in District 3? Will the actions of Catherine Alvarez as a public official expose the City of Downey to lawsuits?  

Catherine Alvarez has placed apartment renters in Downey on a pedestal and forgotten about all of her other District 3 constituents.  The role of a Council member is sacred and should not be taken lightly.  Community members expect Council members to be articulate, impartial, skillful, and scholarly. Most importantly, the citizens of Downey require full transparency and to have Council members avoid all conflicts of interests during their time on City Council.  Catherine Alvarez has failed to be impartial and failed to disclose a conflict of interest when she requested staff to explore the idea of rent control.  More troubling, Ms. Alvarez potentially violated the Public Reform Act of 1974 (“PRA”) and California Government Code §§ 87100 et seq when she cast her vote on agenda item 8 during the February 9, 2021, Downey City Council meeting.  The actions of Ms. Alvarez, have potentially exposed herself, and the City of Downey to litigation.  

The elements of a prohibited conflict of interest under the Political Reform Act of 1974 (PRA) are set out in Government Code § 87100 and 2 Cal. Code Regs. §§ 18700 et seq. Government Code § 87100 provides: “No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.”  A prohibited conflict of interest exists under the following circumstances:

1. The decision maker is "public official" of a state or local government.

2. The public official is making, participating in making, or influencing a government decision in which he knows or has reason to know he has a financial interest.

Catherine Alvarez participated in making a governmental decision at the February 9, 2021, Downey City Council meeting when she voted on Agenda Item 8.  The World-Wide Web and Ms. Alvarez’ social media postings contain numerous documents and videos that make clear she has a vested interest in protecting the rights of apartment renters because she herself has been a long-time renter in the City of Downey and her participation in pro-tenant organizations.  For arguments sake, lets assume the City of Downey passed a rent control ordinance at the behest of Ms. Alvarez.  The voting of that ordinance by Catherine Alvarez would have been a clear conflict of interest pursuant to the Political Reform Act of 1974 and Government Code § 87100 and 2 Cal. Code Regs. §§ 18700 et seq because she is an apartment renter in the City of Downey and would have directly financially gained and/or profited from that ordinance.  Catherine Alvarez has placed herself in a position of power that can alter her rights as an apartment renter in the City of Downey.  Commonsense and the law dictate, Ms. Alvarez must abstain from all future items presented to the Downey City Council that involve rent control and/or changing the rights of apartment renters in Downey because she is a renter in Downey and has a financial interest in voting and passing of ordinances that benefit apartment renters.  

In any event, given my childhood struggles, I am sympathetic to individuals who are struggling to survive; however, the struggle should not afford Ms. Alvarez the opportunity to be involved on issues that would financially benefit her because of her role on City Council.  The concept of abstaining on matters is common practice for members of the Downey City Council.  In the past, former Downey City Council members who were landlords in the city would consistently abstain from matters regarding issues dealing with real property because of the cloud of impropriety.  In addition, former Council member Rick Rodriguez ceased conducting business with the City of Downey immediately after being elected.  The same rhetoric should apply to Ms. Alvarez.  Indeed, Council member Trujillo has already abstained from items regarding the Downtown Downey District because of his partnership in a restaurant and real property owned in that area.  The District 3 constituents expect that Ms. Alvarez must follow course.   

Catherine Alvarez ran on a progressive platform with a focus on renters’ rights.  The platform worked for Ms. Alvarez.  While it is true that the people of District 3 elected Ms. Alvarez, her pro-renter platform, the status of being an apartment renter, and the active litigation dealing with rental agreement violations will continually be a conflict of interest on the fight for apartment renters.  I am unable to fathom a situation in which Ms. Alvarez could vote on matters involving the rights of apartment renters in Downey.

One can argue that the very change Ms. Alvarez seeks is unattainable because of the interplay between the Political Reform Act of 1974 and her personal life.  The irony of the situation is uncanny.  The Downey City Council is faced with a predicament because they have a sitting Council member whose entire focus has been and will likely continue to be on making changes and protections for apartment renters, but will likely be foreclosed on voting on those matters.  Who will prevail in the foreseeable battle?

 Ms. Alvarez’ status as an apartment renter places her in a direct conflict of interest on matters that involve renters’ rights and rent control, thus she must abstain from voting on those items.  Nonetheless, perhaps a solution for Ms. Alvarez is to forgo her ties as an apartment renter in the City of Downey if she truly wishes to better the lives for apartment renters in Downey.  Countless leaders across the world have made personal sacrifices for the greater good.  If anything, history has proven that an individual’s willingness to sacrifice for a cause they truly believe in can determine the level of success one can attain.  

With all that said, I commend Council member Alvarez on her relentless pursuit for protecting the rights of apartment renters in the City of Downey.  I have no personal vendetta against Council member Alvarez.  I am merely a concerned District 3 constituent who has called Downey home for a long time.  Like many other District 3 constituents, I am troubled by the mountain of evidence that substantiates Council member Alvarez’ biases for apartment renters and her failure to represent all of the District 3 constituents.  I have two young daughters, age five and twenty months, who will be directly impacted by the decisions taken by Council member Alvarez, well after she leaves office.  With power comes great responsibility.  Thank you and God Bless the City of Downey. 

Vijay Patel is a product of the Downey Unified School District and is a homeowner.  Mr. Patel does not own any rental properties.  Finally, Mr. Patel is grateful to his parents who paved the way and his beautiful wife and two daughters for their unconditional love.


OpinionVijay Patel