Public Comment Correspondence submitted for March 8, 2022 Council Meeting

Non -Agenda Item
Linda Thai
From: Jim Noboa
Sent: Wednesday, March 2, 2022 10:11 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos Sports Cantina
Greetings,
I am writing to express concern over the decision the city council made on allowing Ojos Locos Sports Cantina to occupy retail space in an area where there is a lot of foot traffic, especially children walking to school year-round. I am also concerned about the high riisk of criminal activity as mentioned by Downey PD Lt. Vince Rosario.

While I certainly hope that the city council's decision did not come down to, "We need more revenue or we have to increase local city taxes to 12%", 1 am sure there are better retail business opportunities out there. Perhaps a Sprout's Market or a Trader Joe's to occupy this retail space instead? As a compromise, maybe the city can ask OLSC to instead occupy retail space at the Stonewood Mall or the Downey Promenade or the empty lot that's been vacant for many years next to the Home Depot.

For the safety of all Downey residents and visitors, please reconsider your decision.

Thanks,
Jim

Non -Agenda Item
Linda Thai
From: ERWIN NOBOA <
Sent: Thursday, March 3, 2022 8:23 AM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos Sports Bar
Good morning,
I am writing to express concern over the decision the city council made on allowing Ojos Locos Sports Bar to occupy retail space in an area where there is a lot of foot traffic, especially children walking to school year-round. I am also concerned about the high riisk of criminal activity as mentioned by Downey PD Lt. Vince Rosario.

I am sure there are better retail business opportunities out there. Perhaps a Sprout's Market or a Trader Joe's to occupy this retail space instead?
As a compromise, maybe the city can ask OLSC to instead occupy retail space at the Downey Promenade or the empty lot that's been vacant for many years next to the Home Depot.

For the safety of all Downey residents and visitors, please reconsider your decision.

Thanks, Erwin

Non -Agenda Item
Linda Thai
From: Sandra Noboa <
Sent: Thursday, March 3, 2022 8:36 AM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos Sports Bar
I am writing to express concern over the decision the city council made on allowing Ojos Locos Sports Bar to occupy retail space in an area where there is a lot of foot traffic, especially children walking to school year- round. I am also concerned about the high riisk of criminal activity as mentioned by Downey PD Lt. Vince Rosario.

While I certainly hope that the city council's decision did not come down to only thinking about more revenue, I am sure there are better retail business opportunities out there. Perhaps a Sprout's Market or a Trader Joe's to occupy this retail space instead? Downey residents have been asking for healthier local markets and cultural diverse restaurants.

As a compromise, maybe the city can ask OLSC to instead occupy retail space at the Downey Promenade or the empty lot that's been vacant for many years next to the Home Depot.

For the safety of all Downey residents and visitors, please reconsider your decision.

Thank you, Sandra

Non -Agenda Item
Linda Thai
From: t smith
Sent: Thursday, March 3, 2022 7:25 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos
To whom it may concern:

I am writing this on behalf of the senior residents of Regent Terrace (a 55+ community) here in Downey in regard to the proposed building of the Ojos Locos Sports bar at the old Denny's location.

I have lived in this building for nearly 3 years now. During that time we have been exposed to excessive blasting of the horn from the Union Pacific Freight train, live Mariachi music from La Chula and 20/20 Draft House and amplified car stereos in and around Positive Steps Rehab at all hours of the day and night. In addition we have had countless vehicles speeding or racing down our street and the adjacent streets (Dolan, Downey, Iowa, Firestone, etc).

We have had homeless people squatting on our property, dumping trash near and around our building, the train tracks. etc.

As I work in the field of Speech Pathology I am well aware of DB levels when it comes to noise.

According to the information provided about this project they are planning to have a DJ playing live music until the wee hours of the night and early morning (1:30 a.m. Thurs- Sat and 11:30 p.m. on Sunday)
There is no way that music will be played at a level that is in compliance with the noise ordinance regulations in the City of Downey which are as follows:

Land Use 7:00 a.m. to 1:0 10:00 p.m. to 7:00 a.m.

Residential 55 db(A) 45 db(A)
Commercial 65 db(A) 65 db(A)
Manufacturing 70 db(A) 70 db(A)
We are also concerned about the type of clientele that said facility will attract once it opens. If you require four security guards to be present in the evenings that tells us that you are anticipating issues with safety and potential criminal activity.

I am sure the 3 individuals who voted in favor of this project live nowhere near the area and are only concerned about the amount of potential revenue that said business will generate for the City of Downey.They could care less about the welfare of the tax paying citizens including the elderly who reside in close proximity to this proposed building site..

We on the other hand do not want our sleep further disrupted, drunks, more homeless, and other unsightly individuals loitering near and around our home.

When is enough enough.

Respectfully,
Christina Olson

Non -Agenda Item
Linda Thai
From: Catherine Alvarez
Sent: Saturday, March 5, 2022 9:28 AM
To: Downey City Clerk - Public Comment
Subject: FW: Ojos Locos bar plans
Sent from my T-Mobile 5G Device
-------- Original message --------
From: Susan Shaw >
Date: 3/5/22 9:26 AM (GMT-08:00)
To: Catherine Alvarez
Subject: Fwd: Ojos Locos bar plans
Sent from my Whone
Begin forwarded message:

From: Susan Shaw
Date: March 5, 2022 at 9:15:19 AM PST
To: [email protected]
Subject: Ojos Locos bar plans
To my Downey City Council,
I am very disappointed to read that plans are being made to build the Ojos Locos bar at the previous Dennys site on Firestone Blvd. I object for several reasons...

1. The bar will located in extreme proximity of Downey High School. The location is 2 tenths of mile from DHS campus. This puts students at risk. Especially since this location is a shopping area that has a Dollar Tree that students go to for snacks after school. The parking lot adjoins with a bar and that can be dangerous especially for teen age girls.

I feel the city should be more concerned about students safety since DHS has been in this established location for such a long time.

2. The bar will be located in a parking lot that adjoins a family shopping center with a Dollar Tree and a grocery store. As a woman I will not feel comfortable shopping at these stores with a bar in the same parking lot. Specifically because the proposed bar promotes women dressed in scant underwear type

uniforms. Simply enforcing uniforms at all restaurants in Downey will not alter the fact of this bars repute. It is not a bjs that has an atmosphere that is accessible to all ages. It is not a hotel establishment that also can be accessed by all ages. I will not shop at the dollar store knowing that a bar designed to entertain men with waitresses wearing seductive clothing for mens gratification is located in the same parking lot. Downey has never stood for this in the past and it should not be accepting of this in the future.

3. The bar is located directly across from a hotel that already has a restaurant and bar. The consequences of having a sports bar with women waitresses dressed to entertain men can lead to human trafficking especially since so close to hotel.

4. The location of the proposed bar is also inappropriate since a proposed development of the Downey Ave corner is hopefully for family use.

5. Parking available for neighboring businesses will be encroached upon. Bar patrons parking in areas that should be available for grocery store shoppers.

6. Downey Theater parking also encroached upon by bar patrons.

The city should consider an alternative location for this type of bar. It is simply to close to DHS, Dollar Tree, CVS, Downey Theater. I am so disappointed that the planning commission feels that this type of bar is acceptable less than a block away from DHS
I am not supporting this decision
Susan Shaw
Mr
Sent from my Whone

Non -Agenda Item
Linda Thai
From: Sara Montano <
Sent: Sunday, March 6, 2022 8:45 AM
To: Downey City Clerk - Public Comment
Subject: Oppose new restaurant
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

To whom it may concern,
This email is to voice my opposition to having the "restaurant" Ojos Locos in my city. I was born and raised here, now have my own family and a home owner in Downey. This restaurant goes against all Downey family values.

Sara

Non -Agenda Item
Alicia Duarte
From: Alicia Duarte
Sent: Monday, March O7 20222:31 PM
To: pub|[email protected]
Subject: FVV: LEAGUE OF CALIFORNIA CITIES: 8eyi Practices for Regulating Alcohol Sales Attachments: |eague_cibes_prime[best_pnacdces.pdf
From: Deborah Thu
Sent: Monday, March 7,2DZ22:l4PK4
To: Blanca Pacheco
Cc: City Attorney
Subject: LEAGUE C]FCALIFORNIA CITIES: Best Practices for Regulating Alcohol Sales [CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is I have concern with the liquor license going into effect for Ojos Locos. According to the Monrovia Department of Alcoholic Beverage Control, this license is the same (a 47, I be|iexe) that was operational for the family business operations of the Denny's, formerly on these Downey premises. This liquor license allows children to enter the establishment. According the the the Monrovia Department, the Investigator has finished her investigation and sent it to headquarters, in Sacramento, but asyet, the liquor license for [hms Locos has not been approved. Ica||ed Sacramento HQ, but they are still working remotely, and l have not heard back tufact-check this information.

According to the attached PDF, the City of Downey has numerous options concerning the operation of Ojos Locos, besides an ordinance affecting dress code. I have read, highlighted, and commented on this paper.

Although written in 2011 when California Business and Professions Code 23789 went into effect, the California statutes, cited in this report, are still valid.

I plan on virtually attending the meeting of the City Council, Tuesday evening, and entering public comment, concerning the points of interest, in this paper, their governing statutes, and courses of action available to the City of Downey.

I encourage you to read this report, and disseminate it to the City Council members, and all City tmployees involved as decision- makers.

Thank you for your time and attention to my concern.

Deborah Thorwart

Liquor Stores, Bars and
Nightclubs: Conditional Use
Permits and Best Practices for
Regulating Alcohol Sales
Thursday, September 22, 2011 General Session; 1:00 — 2:45 p.m.

Steven T. Mattas, Meyers Nave
2011 League of California Cities Annual Conference City Attorneys' Department Track

2011 League of California Cities Annual Conference City Attorneys' Department Track

LIQUOR STORES, BARS &
NIGHTCLUBS:

Conditional Use Permits and Best Practices for
Regulating Alcohol Sales
League of California Cities Annual Conference
September 22, 2011
Prepared By:

Attorneys Steve Mattas and Jason Rosenberg

1. Introduction
Alcohol sales at liquor stores, bars and nightclubs create social and economic challenges for California's communities. Neighborhoods where bars, restaurants, liquor stores and retail outlets that sell alcohol are close together or concentrated suffer more frequent incidences of violence, social dislocation, medical emergencies and property crimes.' However, direct regulation of alcohol outlets by local governments is limited by California's existing regulatory framework.

Upon the ratification of the Twenty -First Amendment, states became empowered to regulate alcohol sales, consumption, production and transportation. California gave exclusive jurisdiction to the state over manufacture, sale, purchase, possession and transportation of alcoholic beverages. In California, this regulatory authority is vested in the Department of Alcoholic Beverage Control ("Department"), which has the dual responsibility for both the issuance of liquor licenses and the regulation of existing licensees. The Department issues two broad categories of alcohol licenses. On -sale licenses are issued for businesses that sell alcohol for consumption on the premises, such as bars and restaurants. Off -sale licenses are issued for businesses that sell alcohol for consumption off the site, such as grocery stores, liquor stores, and corner markets. Additionally, one -day licenses are issued for the sale of alcohol at special events.

Because local authority to regulate alcohol sales and related activity is largely preempted by the Department, the challenge that cities face is how to properly regulate the ancillary aspects of alcohol sales without regulating in areas of exclusive state authority. Cities' land use and police powers function as the effective tools in exercising local control over alcohol sales and its secondary effects.2
' Pacific Institute for Research and Evaluation. Accessed online at:
http://resources.prev.org/documents/AlcoholViolenceGruenewald.pdf (visited July 25, 2011). 2 Special Thanks to Stacy L. Saetta of Monterey County Counsel's Office for her advice and recommendations concerning best practices for comprehensive ordinance adoption.

II. State Regulation of Alcohol Sales
Limited Local Authority and State Preemption
In 1955, the California Constitution was amended to establish a uniform framework for licensing alcoholic beverage sales throughout the state. The Constitution provides that "[t]he State of California... shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State." 3 The sale of alcohol is also regulated by the Alcoholic Beverage Control Act (Bus. & Prof. Code § § 23000-25762). Accordingly, the Department was established to oversee the licensing process and it was given both the power to issue and revoke liquor licenses.4 The Department has specific criteria upon which it is permitted to issue and revoke licenses, and cities' ability to participate in the Department's license regulation is limited. Nevertheless, cities may participate in the Department's licensing in a limited fashion, but also impose regulations pursuant to valid police power and/or land use authority. Local government regulation beyond those areas that have been specifically authorized by state law is preempted.

State License Issuance
Article XX, §22, of the California Constitution grants the Department the exclusive power to license the sale of alcoholic beverages in California. Section 22 grants the Department the power, in its discretion, to deny, suspend or revoke any specific alcoholic beverage license if it shall determine for good cause that the granting or continuance of such license would be contrary to public welfare or morals, or that a person seeking or holding a license has violated any law prohibiting conduct 3 Cal. Const., art XX §22.
4 Stroh v. Midway Restaurant, (1986) 180 Cal. App. 3d 1040, 1047.

involving moral turpitude. It shall be unlawful for any person other than a licensee of said department to manufacture, import or sell alcoholic beverages in this State. [Emphasis added.]
The Legislature gave the Department the responsibility to "ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State."5 In delegating regulatory authority to the Department, the Legislature also provided guidance for overseeing the licensing process. When issuing licenses, the Department may only grant a license if it determines that the license will not be contrary to the "public welfare or morals." Additionally, the Department is authorized to refuse issuing any retail license for premises located within the immediate vicinity of churches and hospitals.6 The Department is also specifically authorized to refuse to issue a license for any premises located within 600 feet of "schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls."7 However, this legislative authorization gives the Department the authority, but not the mandate to issue licenses.

Therefore, the determination of whether an applicant is within the "immediate vicinity" of a church or hospital lies within the discretion of the Department.

No "Undue Concentration"
State law, however, directs the Department to deny a license if, "issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.8 "Undue concentration" is a key standard in evaluating state and local responsibilities in controlling the adverse consequences of alcohol sales. An "undue concentration" exists when an "applicant's premises are located in a crime reporting district that has a 20 percent or greater number of Reported Crimes ... than the average number of reported crimes as determined from all the crime :Reporting s Bus. & Prof. Code § 23049.
6 Bus & Prof. Code § 23789.

Id.
8 Bus. & Prof. Code §23958.

Districts within the jurisdiction," or when the census tract in which the applicant's store is located "exceeds the ratio of on sale retail licenses to population in the county in which the applicant premises are located."9 A city may determine that there is an "undue concentration" of off -sale beer and wine licenses in a given location and that the public convenience and necessity would not be served by approval of the proposed license.

Licensee Cannot Conflict with Local Zoning Ordinance
In addition, under Bus & Prof. Code §23790, The Department may not issue a liquor sales license for premises located in an area where the terms of the license conflict with a valid zoning ordinance, unless the following are met: (1) the premises were licensed before adoption of the zoning ordinance, (2) the license will be of the same type and classification as the prior license, and (3) the licensed premises have operated continuously without substantial change in mode or character of operation. Accordingly, a city ordinance denying a use permit for a cocktail bar in a shopping center was upheld because it was supported by findings that the bar would disrupt the peace, health, and general welfare of the people in the area, and more specifically because of the proximity of the bar to surrounding residences.10 Similarly, a court upheld an ordinance that grandfathered an existing restaurant with only a beer and wine license in a residential zone while barring an expansion of the license to include the sale of distilled liquors.' 1 Also, Bus & Prof Code § 23800 authorizes the Department to impose conditions prepared by the Department or requested by a city or county on liquor licensees in certain situations, including the transfer of a license. In fact, license applicants are required to provide a zoning affidavit affirming that issuance of the license will not be contrary to applicable zoning standards. Assuming the license is consistent with local zoning, in order to carry out its mandate to protect the public welfare and morals, the Department is required to conduct a "thorough 9 Bus. & Prof. Code §23958.4(a).
10 Floresta, Inc. v City Council of the City of San Leandro (1961) 1.90 Ca1.App.2d 599. 11 Town Council of the Town of Los Gatos v State Board of Equalization (1956) 141 Ca1.App.2d 344.

investigation" to determine that the license will comply with all statutory criteria for the issuance of a liquor license.'2
Department Discretion
However, despite this seemingly clear mandate, the Department tends not to err on the side of the community and issues licenses amidst opposition from local government and community leaders. In such instances the Department's broad discretion can undermine a local jurisdiction's ability to manage alcohol related social and police problems. In practice, it is also difficult to overturn a decision of the Department. While the Department may delegate the power to hear from all parties and decide a licensing question to an Administrative Law Judge, the Department must render the final decision: whether it is to adopt the recommendation of the Administrative Law Judge, or to render a decision notwithstanding the Administrative Law Judge's recommendation.13
If a party seeks to challenge a decision by the Department regarding its decision on a liquor license, the petitioner must bring its challenge before the Alcoholic Beverage Control Appeals Board ("Appeals Board") to determine whether there is substantial evidence to reasonably support the findings of the Department. However, the Appeals Board "will indulge all legitimate inferences in support of the Department's determination.", 4 If, after reviewing the Department's decision, the Appeals Board determines there is substantial evidence in the record to support the Department's decision, the Appeals :Board will uphold the Department's decision.

The courts will also review the Department's decisions under the same standard of review.15 However, such review is wholly discretionary with the court and the courts are under no obligation to accept such cases. There is, therefore, no guarantee that the Department's decisions 12 Bus. & Prof. Code §23958.
13 Bus. & Prof. Code §24210.
14 Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2004) 118 Ca1.App.4th 1429, 1437.
15 Bus. & Prof. Code § 23090.2.

will be subject to judicial review. As a result, this deferential standard of review protects the Department's interpretations and decisions with regard to fulfilling its statutory mandate.

A local agency may also file accusations against license holders with the Department.

The Department then has discretion to decide whether to proceed with a formal accusation against a license holder.16 The grounds for suspension or revocation are that the continuance of the license would be contrary to public welfare or morals; the licensee failed to take reasonable steps to correct objectionable conditions on the licensee's premises or immediately surrounding area including public sidewalks and streets within 20 feet of premises; or the failure to abate nuisances, such as disturbance of the peace, public drunkenness, drinking in public and harassment to passersby, after notification by the city attorney.17 Reasonable steps are defined as timely calls to law enforcement asking for assistance in abating nuisance conditions, asking persons engaging in nuisance activities to cease such activities and the removal of items that facilitate nuisances, such as furniture.' 8 Courts have ruled that the existence of a public nuisance, regardless of fault by the license holder, may support the revocation of a license.19 Business and Professions Code section 24203 also provides that "accusations may be filed with the Department by the legislative body... of any city... requesting the suspension or revocation of a retail license. Upon the filing of the accusation, the Department shall provide for a public hearing... and determine whether or not the license should be revoked or suspended." Furthermore, if the local legislative body certifies that "the public safety, health, or welfare requires immediate hearing of the accusation; the public hearing shall be held within 60 days after the filing of the accusations with the Department."20 Using this provision allows the city to directly file an accusation against a license holder and entitles the city to a hearing in front of the 16 Bus. & Prof. Code §24201.
17 Bus. & Prof. Code §24200.
18 Id
19 Yu v. Alcoholic Beverage Appeals Bd. (1992) 3 Cal.App.4th 286. 20 Bus. & Prof. Code §24203.

Department to determine whether or not to revoke or suspend a liquor license. The Department does not have discretion to deny a hearing if it is requested by the City Council.21 This course of action, however, like the original license issuance decision also places a great deal of discretion in the hands of the Department. Moreover, as with other Department decisions, the Department's decision is difficult to overturn through a legal challenge. In order to successfully proceed with an accusation against a license holder, a city will have to accumulate substantial evidence that a license holder is creating a public nuisance or creating a law enforcement problem as a result of its sale of liquor.

Miscellaneous Local Regulation
Lastly, cities retain limited authority to regulate the consumption of alcoholic beverages.22 Regulation of mere possession of alcohol, however, is unconstitutional absent specific legislative authorization. 23 :Penal Code Section §647(e), however, authorizes city regulation of possession of open container on certain licensed premises, and Bus & :P C §25620 authorizing city regulation of open container in city -owned public place. Cities also have limited authority to regulate the concurrent sale of gasoline and beer or wine at a given location as defined by statute.24
III. Nuisance Regulation
A city can exert a certain degree of control over alcohol outlets through its inherent authority to regulate nuisances. A city can adopt an ordinance directed at the abatement of potential nuisance activity around businesses that sell alcoholic beverages, even though such adopted regulations may in fact prohibit the sale of alcohol at particular locations.25 The right to 21 Zd.
22 People v Brewer (1991) 235 Ca1.App.3d 909; People v Butler (1967) 252 Ca1.App.2d.Supp 1053. 23 People v Duran (1995) 43 Cal. AppAth.Supp 1.
24 Bus. & Prof. Code §23790.5.
25 Korean Am. Legal Advocacy Found. v. City of Los Angeles (1994) 23 Cal.App.4th 376.

control and abate nuisance and criminal activities by ordinance applies to all alcoholic beverage establishments, including those in operation before an ordinance's effective date.

Traditional Nuisance Abatement
Cities may also regulate alcohol outlets on an individual basis through the traditional nuisance abatement authority by declaring a building or place where liquor is unlawfully sold a public nuisance.26 The Unlawful Liquor Sale Abatement Law (:Pen Code §§ 11200 — 11207) provides cities with the ability to declare and abate a nuisance when an establishment is selling liquor unlawfully.27 Recently, the Second Appellate District upheld a permanent injunction against a cafe that was found to be unlawfully selling alcohol to its patrons.28 The City of Los Angeles sought and obtained an injunction against a cafe that was selling alcohol to visibly intoxicated patrons based on a finding of nuisance under the Unlawful Liquor Sale Abatement Law.29 In upholding the injunction, the Court of Appeal stated that Penal Code section 11200 has a broad reach which encompasses unlicensed liquor sales and unlawful sales, even if lawful sales also occur on the premises.30 Thus, if a city finds that off -sale alcohol sales establishments are violating laws, and they have a negative effect on the health, safety, and general welfare of those living and working in the area, one available course of action is to declare the activity a public nuisance. The city attorney may then maintain an action to abate and prevent the nuisance.31 However, this approach is time intensive and must regulate problem alcohol outlets on a case by case basis.
26 Pen C §11200.
27 Pen C § 11200-11207.
28 See People v. Schlimbach (2011) 193 Ca1.App.4th 1132. 29 Id.
30 Id at 1.141-1.144.
31 Pen C §§11200-11201.

The City of Oakland "Deemed Approved" Model
The City of Oakland ("Oakland") tested the limits of the state preemption issue by instituting a "deemed approved" program for existing licensees. Oakland's program was created as a means of imposing operating standards on legal nonconforming retail alcohol outlets established prior to adoption of the Oakland's conditional use permit requirements. As part of its program, Oakland adopted a comprehensive code enforcement scheme that the California Court of Appeals has upheld as a permissible use of a city's police power and authority to regulate nuisances and criminal activities in the areas surrounding alcoholic beverage retail sellers.32 Oakland's ordinance was challenged as to whether it could apply its deemed approved program to licensees that had sold liquor prior to the adoption of the ordinance. Specifically, at issue was whether the deemed approved ordinance violated Business and Professions Code section 23790, which prohibits new zoning regulations barring the sale of liquor at a site from being applied to "grandfathered" establishments. The court ruled that the regulations were not intended to control the sale of alcoholic beverages, but instead were intended to eliminate nuisance and criminal activities.33 Although the ordinance did not prohibit licensees from selling alcoholic beverages, it did prevent licensees from creating nuisances and facilitating criminal activity at their stores and in the surrounding areas.

The Oakland Ordinance establishes that the sale of alcoholic beverages in Oakland is deemed to be an approved commercial activity, so long as the seller complies with the "Deemed Approved Performance Standards." The performance standards require that the sale of liquor at a site does not:

1. result in adverse effects to the health, peace, and safety of persons residing or working in the surrounding areas;

2. jeopardize or endanger the public health or safety of persons working in or residing in the 32 City of Oakland v. Superior Court (1996) 45 Cal. AppAth 740. 33 Id. at 765.

surrounding area;

3. result in repeated nuisance activities within the premises or close proximity of the premises, including but not limited to illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, the sale of stolen goods, public urination, thefts, assaults, littering, loitering, police detentions, arrests;

4. violate any city, state, or federal regulation, ordinance, or statute; or

5. have upkeep or operating characteristics that are incompatible with the surrounding area or adversely affect the liability of appropriate development of abutting properties.34 If the sale of liquor causes a violation of one of the established performance standards, then an administrative hearing is held to review the complaint. Complaints can come from the police department or the general public. The administrative hearing officer then holds a hearing to determine whether the standards have been violated, and at that point, may impose conditions on the merchant in order to enforce the Deemed Approved standards. If the merchant violates those conditions, the Deemed Approved status may be revoked. Once appeals of the administrative hearing officer's decision to the city council are exhausted, the City may seek to have the activity abated as a nuisance. The city may also refer the matter to the Department for revocation of the liquor license. Lastly, to pay for the enforcement of the ordinance, Oakland imposes a $600 fee on liquor licensees.

Violations of the ordinance do not result in the forfeiture of the merchant's liquor license, because only the Department has the constitutional authority to revoke a liquor license. A violation, however, does prevent the merchant from selling liquor at the location where the violation occurred. Furthermore, violations can be forwarded to the Department for possible revocation.
34 City of Oakland Deemed Approved Alcoholic Beverage Sale Regulations, Title 17 Planning, § § 17.156 et seq.

IV. Regulation through Local Zoning Ordinance
The Department of Alcoholic Beverage Control may not issue an alcoholic beverage retail license for any business located in a zone where the exercise of the rights conferred by that license would be contrary to a valid local zoning ordinance.35 When enacting a zoning ordinance, a key distinction involves the status of the specific licensed premise as a "new" or "pre-existing" outlet at the time a city enacts a new ordinance or regulation. A retailer whose business is already in place receives far greater protection under state law than outlets that are proposed following enactment of a valid zoning ordinance.36 Thus, a city that wants to restrict alcohol outlets from locating near schools cannot impose the new restriction on an existing outlet, but can prohibit a new outlet from locating in the restricted zone or selling a restricted product.

Los Angeles' Ordinance
In an attempt to define the limitations local government may impose on alcohol -serving establishments, courts have consistently held that local ordinances that do not directly affect the sale of alcohol are not preempted by the powers granted to the Department. In 1994, in Korean American Legal Advocacy Foundation v. City of Los Angeles ,37 the California Court of Appeal examined the extent to which the state had preempted the field of alcohol regulation. The case was set against the backdrop of the 1992 Los Angeles riots and the effort to rebuild stores destroyed during that period of civil unrest. Since 1985, the City of Los Angeles had required business engaged in the sale of off -site alcoholic beverages to obtain conditional use permits. In 1987, the city adopted a specific plan, which required conditional use approvals for establishments dispensing alcohol in South Central Los Angeles, and provided that approval was contingent on specified findings. Businesses in operation before the effective dates of either ordinance enjoyed "deemed approved" conditional use status. In the aftermath of the riots, the city adopted ordinances to facilitate rebuilding, with expedited procedures to process building 35 Bus. & Prof. Code § 23790; City of Oakland v Superior Court (1996) 45 Cal.AppAth 740. 36 Bus. & Prof. Code § 23790
37 Korean American Legal Advocacy Foundation v. City of Los Angeles (1994) 23 Ca1.AppAth 376.

permits in conformity with existing code provisions. However, all conditional uses, including conditional uses selling alcoholic beverages for off -site consumption, had to submit plans for approval before rebuilding. Such approval could be made contingent on conditions (such as graffiti removal, adequate lighting, trash removal, security guards and limited hours of operation) imposed on the same basis as for new conditional uses. In addition to the plan approval process, the city instituted "revocation hearings" to revoke or condition an owner's deemed approved status or use permit in the event the business threatened to become, or had become, a nuisance or law enforcement problem. The plaintiffs, many of whom had stores destroyed during the riots, brought suit, challenging the validity of the ordinance imposing the plan approval process and establishing revocation hearings. They alleged that Los Angeles' plan approval and revocation processes were completely preempted by the state constitution, which specified that the state had exclusive authority to regulate the sale of alcoholic beverages and exercised this exclusive jurisdiction through the Alcoholic Beverage Control Act.38 In addressing the preemption challenge, the court examined the purpose of the ordinance and noted that the conditions imposed by the city did not have the effect, either direct or indirect, of regulating the "manufacture, sale, purchase, possession or transportation" of alcoholic beverages.39 Rather, the conditions imposed under the plan approval process were aimed at controlling or eradicating the negative secondary impacts often associated with establishments that sell alcoholic beverages.40 Accordingly, the ordinance was deemed permissible as it was aimed at land use and zoning - to abate or eradicate nuisance activities in a particular geographic area by imposing conditions aimed at mitigating those effects - rather than the regulation of alcohol. The validity of the ordinance was underscored by the fact it focused on the negative conduct occurring in the immediate vicinity of businesses selling alcohol for off -site consumption; "[t]hat the conditions imposed under the ordinance may have some indirect impact on the sale of alcoholic beverages does not transmute the purpose and scope of the ordinance into 31 Id. at 385.
39Id. at 385-87.
40 Id. at 387.

a regulations merely seeking to control alcohol sales."41 Thus, provided that an ordinance imposes land use and zoning regulations, and applies them properly, the zoning regulation should be valid.

V. Recommended Practices
Any local zoning ordinance aimed at regulating retail alcohol outlets should comprehensively seek to regulate, by including both conditional use permit ("CUP") and Deemed Approved provisions. By including both of these provisions, the city will properly distinguish between pre-existing and new alcohol outlets. Both of these provisions are also flexible enough to vary according to each city's needs. The recommended approach for regulating pre-existing alcohol outlets, both for on -sale and off -sale outlets is the Oakland Deemed Approved model, as described above. This provides a city with as much regulatory control over existing outlets as is permissible under the state statutory framework. Further, this approach has been upheld by courts as valid.

Findings and Statement of Purpose
The ordinance should contain specific findings that will give the proper justification for any conditions and/or operating standards that are imposed. As is the case with other conditions imposed on a property, the conditions imposed must be related to the goals of the ordinance.

The findings establish the need for the ordinance, listing the specific problems that are to be alleviated. These should be adapted to local circumstances, including any local data regarding alcohol problems and their link to retail alcohol sales. The purposes section can augment the findings from the introductory section, such as focusing on the rationale for requiring CUPs for new alcohol outlets. Carefully drafted findings and purpose sections are important to establish the city's rationale and authority to take action.
41 Id.

Regulation of Retail Outlet Locations
The Department may not issue alcohol licenses for premises located in the immediate vicinity of churches and hospitals.42 In addition to the state law restrictions concerning location of outlets near those sensitive uses, a local ordinance can further restrict outlet locations through a valid zoning ordinance. Zoning ordinance restrictions regarding the location of outlets could restrict the outlets to certain zones, by defining the alcohol sales use and then restrict alcohol outlets from a zone within the city's zoning ordinance, such as residential zones. Conversely, the ordinance could restrict alcohol outlets only to certain commercial zones. In addition, the adopted ordinance may want to require spacing requirements by imposing specific distances from sensitive uses, such as playgrounds, schools, hospitals, high crime districts, etc. Lastly, the ordinance could require distance requirements between outlets. For example, no more than four alcohol retail outlets can be allowed within a 1,000 foot radius of each other. The location requirements may also choose to focus on particular types of alcohol outlets. For example, restaurants or grocery stores with relatively limited alcohol sales may be treated differently from bars, nightclubs, or liquor stores.

Conditional Use Permit Provisions
An ordinance containing CUP provisions is an effective tool for local regulation of retail alcohol outlets. When regulating new outlets, establishing specific CUP provisions is the most effective method to impose local conditions and sanction those that do not comply with the enacted conditions. Additionally, the CUSP allows cities to take much swifter action than if a city was forced to rely on the Department to take action. Lastly, the CUP provides individuals and groups within the community a voice in the decision -making process with respect to how proposed retail alcohol outlets would impact the community.

Any adopted CUP ordinance must be cognizant of the areas upon which state law has exclusive jurisdiction which is, "the manufacture, sale, purchase, possession and transportation of alcoholic beverages."43 However, when acting within those restrictions, a city can properly adopt and enforce operating restrictions that will meet the particular needs of its communities. 42 Bus. & Prof Code § 23789.
43 Cal Const. Art. XX, § 22.

Operational standards and conditions of approval can work in conjunction to comprehensively regulate new outlets. Operational standards are mandatory requirements that apply to all outlets, are typically general in nature, and can often be similar to the Deemed Approved operating standards. For example, operating standards can have restrictions against public nuisance activities and activities that violate state or local laws.

Although related to operating standards, conditions of approval are more specific and should be tailored to local issues. The conditions can be either standard or discretionary. If standard, they apply to all new outlets automatically; if discretionary, the permitting agency considers their applicability on a case -by -case basis and tailored to the specific application and the surrounding neighborhood. Erring on the side of over inclusion is recommended; if it is uncertain whether a given condition is relevant, it can be treated as discretionary and used only if warranted for particular retail outlets. Some conditions to consider are as follows:
• Soundwalls
• Prohibited Products
• Graffiti :Removal
• Chilled Alcoholic Beverages
• Exterior Lighting
• Hours of Operation
• Trash Receptacles
• Paper or Plastic Cups
• Pay Telephones
Provisions Specific to On -Sale Outlets
• Size of alcohol signage
• Complaint Response — Community
Relations Program
• Loitering
• Prohibited Activities (e.g. pool tables)
• Security Cameras
• Prohibited Vegetation
• Limitations on signs and advertising on
windows of doors in off -sale outlet
Although the regulatory framework for on -sale and off -sale alcohol outlets are the same, on -sale outlets can present different issues than off -sale outlets. Because of this variation, cities may want to consider specific regulation for on -sale outlets. For example, nightclubs present operational issues that regulations tailored to liquor stores may not adequately cover. Operating hours restrictions would presumably be different for nightclubs. Additionally, requiring security and noise restrictions for nightclubs is also recommended.

Some cities have a cluster of on -sale outlets within one area that becomes a focal point for entertainment and tourism. Whether a city desires this "entertainment zone" or not, when such zones emerge, including additional provisions for those zones may help to minimize some of the impacts from several inebriated customers streaming out of closing bars all at once.

Additionally, some potential conditions for Entertainment Zones could be restricting the number of alcohol licenses within a defined zone and prohibition of transferring a permit from one zone to another zone.

Other on -sale outlets that may present unique issues are restaurants. Cities may want to consider whether or not to include "full service restaurants" as an outlet subject to the CUSP ordinance. Some cities, for example, exclude restaurants from their ordinances, provided that they meet strict criteria in terms of food sales, hours of operation, kitchen facilities, among other factors, to ensure that a restaurant does not transform into a more problematic mode of business.

Regardless of a city's desire to subject a full service restaurant to CUP ordinance regulations, the ordinance's definitions should clearly define what constitutes a full service restaurant. Adopting restaurant specific operational requirements can prevent businesses from opening under the guise of a full service restaurant, but not actually operating as such, and in effect operate as a bar with little regulatory oversight. Some options for regulating restaurants include: treating restaurants similarly to other types of outlets; exempting them from the ordinance entirely; or developing separate standards applicable to restaurants.

Additional Ordinance Considerations
Some jurisdictions also charge an annual business license renewal fee to any bar, nightclub, restaurant, or grocery store permitted by the state to sell alcohol. The money generated pays for police officer(s) assigned to moderate the excesses associated with the sale of alcohol. If the exaction is imposed as a "fee," rather than a tax or an assessment, no election is required.

Businesses that will likely generate more police response would pay more than those that do not.

For example, large nightclubs with dance permits that stay open until 2:30 a.m. pay around $1,700 per year, and small corner markets that sell beer and wine would pay close to $300 per year.

VI. Conclusion
While the State has express authority over the licensing and regulation of alcohol sales, local governments retain the right, under the police power, to regulate the impact of alcohol availability on the public health, safety and welfare of the community. When the existence of licensed alcoholic beverage establishments creates negative secondary impacts, local governments must continue to address these impacts while not treading in the exclusive area of the State's authority.

Although there are limited opportunities for cities to play a role in the state regulatory process, cities can nonetheless use their land use and police powers to exert control over retail alcohol outlets. When regulating pursuant to land use and/or police power authority, cities are able to employ a strategic approach to managing alcohol sales and affiliated issues. Any adopted ordinance should distinguish between pre-existing outlets and new outlets, with the deemed approved program and conditional use permit requirements.

1.677543.4

Non -Agenda Item
Linda Thai
From:

Sent: Monday, March 7, 2022 10:44 PM
To: Downey City Clerk - Public Comment
Subject: In favor of Ojos Locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Good Evening,
My email is to say my household of 4 working adults are in favor for this establishment and any other establishment to open in the city of Downey that follows proper protocols and regulations. Ojos Locos will not only boost the revenue our city needs but also will clean up the issue of homeless and junkies that squat in the current empty lot on Firestone.

Which in reality is more of a danger than any sports bar/restaurant opening in front of our high school. You do have a group of women who are harassing every resident into emailing and calling because they are "upset" of the attire of this restaurant. A couple of them have a history of harassing other residents in person, and on every social forum. They are going into individuals social media profiles getting information and putting them on public forums as forms to submit individuals into supporting their discontent. Discriminating anyone they believe does not own property and just rent, which in all reality should not matter because as a resident of Downey you have the right to have a voice. I know it's not something that should matter to you, but this group that is so against this restaurant does not have any valid reason other than the discontent of young working women. The violence and aggression is not coming from such establishment but it is coming from this group of residents that need to have a stop, before they escalate their jealousy . I am so sorry you have to go through this and deal with people who do not believe in progress and are so closed minded that they are trying to harass everyone on social media.

Thank you for your time.

Sent from my iPhone

Non -Agenda Item
Linda Thai
From: Natasha Gonzalez
Sent: Monday, March 7, 2022 8:24 PM
To: Downey City Clerk - Public Comment
Subject: Keep Ojos Locos Out of Downey
Hello,
I am writing this email to inform the Downey City Counsel to stop Ojos Locos Restaurant and Bar from being a part of our city. This type of restaurant will attract negative attention and it is not something that would benefit our city in any way. The residents of Downey don't want it near our schools or any where in our city. This establishment will only bring crime rates up and most likely increase sexual assaults. There are so many other businesses that will improve Downey's economy. Please keep Ojos Locos out of Downey.

Thank you,
Natasha Khalife
Resident of Downey of 25 years
Sent from Yahoo Mail for Whone

Non -Agenda Item
Linda Thai
From: Tish Raynesford
Sent: Monday, March 7, 2022 8:29 PM
To: Downey City Clerk - Public Comment
Subject: Keep Ojos Locos out of Downey
To whom it may concern:

We are strongly opposed to having this lingerie bar in our city of Downey. This kind of business would degrade and devalue our city. 1 and many many Downey citizens feel the same way. We want to keep our city respectable and family oriented. This kind of bar is a very bad influence for people in general.

I implore you to keep Ojos Locos OUT of Downey. We do NOT want that type of despicable place around our families.

Sincerely,
Todd and Tish Raynesford.
• ••AAM• • • r
i i iAA F. Bi s l • i •.

Linda Thai
From: ctm
Sent: Monday, March 7, 2022 10:13 PM
To: Downey City Clerk - Public Comment
Subject: FW: Please stop Ojos Locos from opening in Downey. thank you. please* i the below email I sent to council members as my public My name is Cameron McNeil and I live at
Thank you.

From: ctm [mailt �.

Sent: Monday, Marc
To: '[email protected]'; 'ca Iva [email protected]'; '[email protected]'; '[email protected]'; '[email protected]'
Subject: Please stop Ojos Locos from opening in Downey, thank you.

Dear Mayor and council members. I would like to voice my concern about the Ojos Locos super -size brothel looking bar being located in Downey. I am against it opening because it will be located too close to schools, churches, and our beautiful Downey avenue. It may also attract crime and make it less safe to walk along Downey avenue at night with my family to enjoy a nice evening at our local restaurants. We can do better for the future of Downey and our children. For example; Just this past weekend in Long Beach a drunk person left a bar at night and crashed into an apartment and killed two people. Below is the link to the article.

Imagine if this were too happen as the result of Ojos Locos being in Downey? into-aDartment-killin,Ly,-two
Thank you,
concerned Downey resident,
Cameron M.

Haledon Ave

Non -Agenda Item
Linda Thai
From:

Thank you for your time.

Sent from my iPhone

Non -Agenda Item
Linda Thai
From: Martha Cordoba
Sent: Monday, March 7, 2022 10:59 PM
To: Downey City Clerk - Public Comment
Subject: public comment
Dear Council,
I am a Downey resident.

I am disappointed to see that three males on the Planning Commission voted for Ojos Locos. Clearly these men do not respect women. I hope that they are removed.

I had seen that Council Member Alvarez was against Ojos Locos, but I saw that she deleted her post. Don't be afraid to speak up Council Member Alvarez. This sexist restaurant needs to go, so thank you also to Council Member Trujillo for opposing the restaurant.

No Ojos Locos. We deserve a clean Downey.

Martha Cordoba

Non -Agenda |hp[D
Linda Thai
From:

Sent: Monday, March 7.202211:41 PM
To: Blanca Pacheco; Catherine Alvarez; Mario Trujillo; Council; Claudia M. Frometa Subject: We don't need another sleezy bar, "Ojos Locos" in Downey.

I am a Downey resident and a mother of a 13 year old son who is going to go to Downey High School next year, an 11 year old daughter who is going to go to Doty Middle School and a 5 year old daughter who is going to go to RSG elementary school.

I would like to voice my concern about the Ojos Locos sports bar that wants to come to Downey. I am against it because it will be located too close to the High school and churches. The name of the bar and the dress code of the waitresses will ?.ttract not only older men but young kids too. Those types of bars are not a good image for our city.

Non -Agenda Item
Linda Thai
From: Sonia Pena >
Sent: Tuesday, March 8, 2022 9:58 AM
To: Downey City Clerk - Public Comment
Subject: Not in our city
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

The city of Downey has greatly invested in building itself as a family oriented one. It has many local businesses that have contributed to making the city appealing to those in surrounding areas. From promoting the Downey vs Warren game as well as libraries, churches and various parks and recreation events Downey has drawn in families from neighboring cities just as much as its own.As someone who lives in a neighboring city we've always viewed Downey as a very safe and family oriented city. Which is why as a member of this community we've shopped here, sent all of our children to school here and also planted our business here over the last 20 years. We feel the opening of Ojos Locos will diminish any progress made towards making this city reputable and upright. This establishment is an adult entertainment and that has no place being less than a quarter mile radius from our students at Downey High, churches, grocery stores, assisted living homes just to name a few. Along with this type of business comes a long history of violence and crime activity that will bring down our high living standard and the pride we take in this city. By allowing this to pass, we feel our interest and efforts have been overlooked and dishonored. From schools to sports organizations to businesses and city image... we are a proud character counts city! We deserve a chance to discuss this with the leadership that allowed this to happen . We urge to reconsider making this decision with the voice of the people. Sent from my iPhone

Alicia Duarte
k i
From: Dawn Diaz 2022 M 'IF, - 0, A H- I I I
Sent: Tuesday, March 08, 2022 10:21 AM
To: Alicia Duarte
Cc: Yvette M. Abich Garcia i: i TY 0 F D 0 y
Subject: March 8, 2022 Agenda Item 10 - Proposed Business Al Attachments: Downey Proposed Ordinance Regulating Business Attire 3.8.22.pdf Please find the attached Memo from Ojos Locos in response to Item #10 on the City Council Meeting Agenda dated March 8, 2022, regarding regulations establishing business attire for restaurants and bars. Ojos Locos asks that the attached Memo be distributed to each of the Council Members and that the Memo be read into the record during tonight's meeting. We also request, that the attached pictures be available for the public to see the attire as it currently exists at other Downey restaurants and bars.

A representative for Ojos Locos will be on the line and available for questions and comments. We welcome the opportunity to work with the City of Downey on an Ordinance that protects everyone.

Sincerely,
Dawn Diaz
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From: Ojos Locos 0 F"
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To: Downey Mayor and City Council
Date: 3/08/22
A. Prohibition. No person, while acting as a food handler shall expose:
speced anatomical areas (as defined by Section
9402.04(o) of this Code);

2. Any device, costume, or covering which gives the appearance of or simulates speced anatomical areas;

3. Any part of the female breast or breasts that is situated below a point immediately above the top of the artola. of the female breasts; and/or,

4. Bikinis, lingerie, and other forms of dress that do not provide adequate structure and coverage are prohibited.

Sincerely,
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Dawn Diaz
General Counsel for Ojos Locos

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Non -Agenda Item
Linda Thai
From: Leticia Flores ^
Sent: Friday, March 4`2023l:5UPM
To: Council
Subject: Approval of the new Sports bar aat the old Denny's site towhom itmay concern:
| am writing in regarding to the new project that has been proposed at the old Denny's site. As a tax payer ofthe city of Downey. | do not agree that another Sports bar to come to our beautiful city. We have way to many location where alcohol is sold, and these locations have only brought problems to the city.

Council, please review the the police departments activity and you will see police activity has increased with all these places that sell alcohol.

VVedonot need any other place selling alcohol inour oity!!!!!!!!!!!!!!! Council, | challenge you to think ofother ways to bring positive activity to the city!!!! Respectfully,
Leticia Flores

Non -Agenda Item
Linda Thai
From: Rocio Duarte
Sent: Sunday, March 6, 2022 9:52 AM
To: Council
Subject: Concerned Downey Resident
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City Council of Downey,
As a resident of Downey, I am deeply concerned about a new restaurant cantina and bar, Ojos Locos, that was approved to open. As elected representatives of our city, it is your duty to make the best decisions on behalf of residents considering factors such as crime and safety prior to approving any business.

Research indicates that bars increase crime rates significantly. According to https:Hlinkprotect.cudasvc.com/url?a=https%3a%2f%2fcrimegrade.org&c=E,1,4kgpFnugDCgpIF-_FBUdBl- C3YFLJHAXOzXVuBgminfcxzfjngNXtgCQkrfA6CUkmPk2Bd82166U8CgORM3wl_18U5nlagrJEGNtBGaMK65V62gpahJx4f0,& typo=l, Downey is in the 22nd percentile for safety, a D grade, which is concerning. Opening Ojos Locos is not in the best interest of our city because it will impact city's safety by factors such as opened late at night, an increase of intoxicated customers, and attract criminal activity because of the type of establishment.

Our city needs businesses that will create a positive family environment, promote family gatherings, and support our youth, who are at a greater need of social development. Considering and prioritizing these needs, places Ojos Locos at the bottom of the list.

Location of such restaurant cantina/bar is especially of concern. Our youth, Downey and Warren High Schoolers, who will be at close proximity of business, will be exposed to victimization by an increase of criminal predators who may frequent such establishment. Ojos Locos is not a business that will support the needs of our youth and families.

Our youth depends on adults for support and guidance. We are to be their role models. For you to approve such restaurant cantina bar, means you are approving the possibility of their victimization. Human and drug tracking are at heightened rates. According to the Downey Patriot, Letter to the Editor in 2019, a student from Downey shared concern about human trafficking and the responsibility we have to make our city's streets safe.

In addition, how many businesses have been opened to support our youth in the past couple of years? As a community, we need businesses that support our youth, especially after this pandemic. Why not consider businesses similar to John Incredible Pizza, SkyZone, or a Downey skating rink?
In addition, our law enforcement will ultimately have to handle additional crime activity. Our city does not need more crime. Currently, several emergency calls are placed on hold because of an increase in crime. Our city needs to focus on reducing crime not increasing it.

Lastly, when opening a new business, there are several factors that need to be considered including crime rates, safety, revenue, type of business, and resident needs. After a thorough analysis, Ojos Locos should not be located in our prestigious community.

May these shared concerns allow for consideration of other businesses instead of Ojos Locos. Thank you for your attention to this matter, your representation, and dedication to our community.

Sincerely,
Rocio Duarte
Sent from my Whone

Non -Agenda Item
Linda Thai
From:

Monica L. Delgadillo
Sent:

Tuesday, March 8, 2022 2:04 PM
To:

Alicia Duarte
Cc:

Linda Thai
Subject:

FW: Ojos locos
-----Original Message -----
From: Tania Aguilar >
Sent: Tuesday, March 08, 2022 2:03 PM
To: Council
Subject: Ojos locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

This email is to request that our elected city council members support the Downey residents by listening to our voices.

Our family has lived in Downey for more than twenty years and are very concerned with the increase violence in our city. We totally oppose to this type of bar opening it's doors to our neighborhood. Ojos Locos bar and any bar of this kind would only bring more bar fights, shootings, and deaths into our beloved city. Please don't support businesses that put our residents more at risk. You have an obligation to protect your residents of Downey by choosing to do the right thing.

Sent from my iPhone
1 Non -Agenda Item
Linda Thai
From:

Monica L. Delgadillo
Sent:

Tuesday, March 8, 2022 2:04 PM
To:

Alicia Duarte
Cc:

Linda Thai
Subject:

FW: Revoke Permit
From: T E >
Sent: Tuesday, March 08, 2022 1:36 PM
To: Council
Subject: Revoke Permit
Dear Council Members,
I am very disappointed in our planning commission and you for allowing another bar to be opened in Downey. To make the matter worse you are allowing a bar that exploits women. Why would you feel that our community needs this type of establishment? Is it because you do not care about our city? Is it because you do not care about our community? Is it because you do not care about our people? Would you want your daughters, sisters, or mothers to work there? More accidents in Downey great! More drugs in Downey, bring them on! More pornography, more sexual harassment, more prostitution, Sure! Your approval is welcoming all of this into our city. Your actions show where your values are. You value money more that character. I expect better from you.

I would like you to reconsider the permit given to Ojos Locos. I do not want it in our city.

Respectfully,
Theresa Espinoza
1 Non -Agenda Item
Linda Thai
From: M Rojas
Sent: Tuesday, March 8, 2022 8:49 AM
To: Council
Subject: No Ojos Locos in Downey -No more bars!
Hello,
I am writing to express my concern with the approval of the Ojos Locos location in Downey.

We do not need more bars, businesses of this type in our community.

As city council, you must do better.

What is the future you envision for our city?
On behalf of my family and my neighbors, I ask that you rescind the approval for this location.

Sincerely,
Miguel Rojas

Non -Agenda Item
Linda Thai
From: virginia Garcia
Sent: Friday, March 4, 2022 4:28 PM
To: Council
Subject: Ojos locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Good afternoon,
I'm writing pertaining the new bar you're trying to bring into Downey. That is not an establishment that I would like it our city. Our city is supposed to be family oriented and 1 have a son going to high school next and I'm sure they would walk by that area on purpose just because they are boys. Please don't bring that establishment in.

Sincerely
Virginia Garcia

Non -Agenda Item
Linda Thai
From:

Ana
Sent:

Friday, March 4, 2022 2:00 PM
To:

Council
Subject:

Ojos Locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

I have great concern over the new establishment that is being purposed or already approved for the old Denny's on Firestone. From what I have seen on Facebook and online regarding Ojos Locos seems like a glorified strip club and will bring along all the patrons/crimes that those type of businesses attract. 1 understand that there is crime everywhere but we don't have to invite it with open arms into our own backyard. It seems to me that type business will bring more problems for our police department and community.

So 1 am asking you as a concerned home owner of Downey do not allow Ojos Locos into our community.

Thank you, Ana Terrones
Sent from my Whone

Non -Agenda Item
Linda Thai
From: ROSE SHELTON
Sent: Friday, March 4, 2022 7:40 AM
To: Council
Subject: Ojos Locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Please consider not bring this bar to Downey.

I have lived in Downey 48 years and can't believe Downey would consider allowing this bar in our town.

It is close to a school and is only going to bring undesirable people to the City of Downey causing crime to go up in Downey.

Downey is becoming a party place with too many bars.

Please consider banning this bar from Downey and keep Downey safe.

Thank you.

Sent from my Whone

Non -Agenda Item
Linda Thai
From: Ruby Romano
Sent: Friday, March 4, 2022 10:25 PM
To: Council
Subject: Ojos Locos
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City Council,
I have been a resident and a property owner of two homes here in the city of Downey since 1999.

When I first moved to the city it was calm, peaceful and a great place to raise a family. Nowadays, it seems to be turning into a city of bars, drinking and DUI's. Every weekend I have vehicles parked in my small cul-de-sac with people doing drugs or having sex which causes trash such as condoms, needles and clothing dumbed on my street, which I clean up after. I have called our police department often regarding this issue.

I can't tell how deeply disappointed I am in regards to this new establishment Ojos Locos being brought to our City.

Don't we have enough bars in our City? Why are you allowing our family oriented community to turn into downtown LA?
Our Police Department are not equipped to handle so many problems these bars are bringing in. Not to mention the quality of people it is attracting.

I hope that City Council will do its best to stop this establishment from coming to our City. We the residents voted for you to kelp our City and our streets safe and I have to tell you it seems like there is a lot of crime and my family and I are not feeling as safe as we once use to. I feel bad for our neighbors who reside around that area, I'm sure they will be experiencing all kinds of problems.

Thank you,
Ruby Romano
Sent from my iPhone

Non -Agenda Item
Linda Thai
From: Sarah bueno
Sent: Saturday, March 5, 2022 12:20 PM
To: Council
Subject: Ojos Locos bar
Hello,
I have been a resident since as a child and I do not want this to be part of our community. Number one, We already have enough drunks and disruptive behavior that has not been resolved for the past year. I hear drunks, speed racing, and ill behavior and this bar will only bring in more drunk and disruptive behavior. The idea of another bar in Downey is already another pathetic display of Downey trying to gouge money in such a lowly matter instead of getting an establishment that will make our city be greater and not indulge in the foolery. All I ask is for our city to do better because this isn't an example. This also not only promotes women to be seen as sex objects but also promotes sexual harassment, which is an issue already in society. So, the fact that Downey promotes to display women in such a way is very ill taste.

Thank you.

Do better.

Non -Agenda Item
Linda Thai
From: Lucas Linares/aka casey jr
Sent: Thursday, March 3, 2022 9:18 PM
To: Council
Subject: Ojos locos business
My name is Melissa urday. Reside in 10328 pico vista rd downey. Home owner. Lived and raised in downey. I find it so surprising that I can still remember that if took years for our city commerce and council to allow big a movie theater here because they were afraid of the increase of traffic and crowds that the business would bring. But in recent years so many business are showing up in downey without disregards to the impact on our classic historic family own restaurants. Family restaurants are closing and bars opening. This business will also bring more risk for crime in that area and i thought the goal of our city officials was to make downtown downey i place i can walk around with my kids but instead it is going to become just young college people or people who like to bar hop. officials who approved this restaurant had little regards to our city's family centered and community profile. I don't think this restaurant will attract new family house owners to live in downey. And as a result we will have more problems in selling our properties in our city or motivate our kids to continue to live here. We Want to continue to be proud of our city and what we offer as a community to those who want make our city better not degrade our legacy. Hope you consider my email and hopefully reconsider this business .

Respectfully,
Melissa urday
1 Non -Agenda Item
Linda Thai
From:

Marcela Salazar
Sent:

Monday, March 7, 2022 11:23 AM
To:

Council
Cc:

Marcela Salazar
Subject:

Ojos Locos Sports Bar - Downey CA
Good Day,
I'm writing in regards to Ojos Sports Bar. Downey has been a beautiful, family oriented community. Bringing such an establishment to Downey is a disrespect to this community and completely inappropriate. The citizens of this community are proud to call Downey their home. Downey is known for its history, historic McDonalds, Vt Taco Bell, and it's beautiful homes. We don't want Downey to be identified with this immoral sports bar, brining and attracting unwanted outsiders. Brining violence and disruption to our community. This establishment will be steps away from the High School, subjecting and putting our kids in harm's way. If there are any morals still left in our society today, we will not allow such an establishment to enter this community.

Any input will be greatly appreciated.

Keep Downey Beautiful
Thank you
Marcela Salazar
Circa Information Technologies, Inc.
no"

Non -Agenda Item
Linda Thai
From: William Austin >
Sent: Friday, March 4`2023l1i0PK4
To: Council
Subject: Ojos Locos
I have been a Downey resident for well over 30 years. I have raised my family here and I work here. | have always thought ofDowney osmgood place tolive.
| am, however, appalled atreading the article "Sports Bar Gets City Approval tnOpen AtFormer Donn}/s" It says it's a SPORTS BAR right at the top of the article --- how then claim to be a restaurant as stated in paragraph 7 of the article in the Downey Patriot, February 24th? It's either more of one or more of the other, isn't it? And because ofTHAT duel label, it gets to dictate the uniforms its employees wear while "the Planning Commission held no ultimate sway over the matter" --as if representatives from Ojos Locos could just waltz in and tell us our business while the City Council stood helplessly by wringing their hands. Like there is nothing they can do about the matter! How about this:
"NO. VVedonot want your type ofbusiness hene."?
What on earth could ever possess our city leaders to make them think that THIS is the kind of business that we need in Downey? I can think of hundreds of other ways for the city to make revenue besides this place.

Let's ask afew questions:

1.}Would you want your kid working atthis establishment?

2.) Do you want the hundreds of high schoolers; passing this place on their way from school? It opens at 11:00 AM, right? Snby3:0Uor3:3OPK4Ojos Locos should bejust about warming up.

3.) Do really see it as a family -oriented place or a restaurant where couples could go to have a pleasant evening of food and drink? Robert De Niro, did a better job taking Cybil Shepherd to the porn movies in Taxi Driver!

4.) We already have enough drunken disturbances from "Bastards", "Joseph's" and the other restaurants catering to good people who are supposed to be decent clientele. Why add this type of venue to the mix? What are you thinking? It's like giving out free beer on the corner of Lakewood Boulevard and Imperial Highway and thinking there's not going to be any trouble.

5.) Just what type of people do you think Ojos Locos is going to attract? It's certainly not the type ofpeople I'd like to hang around with.

You're going to get bikers, gang -members and who knows what else coming to the very heart of Downey. True, it's not within 500 feet ofa high school --- but it is within a mile of BOTH high snhoo|o, several grocery atonaa, drug stores and other shopping. There is also a rehabilitation "half -way house" within two b|nnkn south of where this place is going to sit as well as several retirement facilities and a senior living complex. Talk about a target -rich environment for career criminals! Think about what you're going to do to the property value of the homes and businesses here.

Is the leadership of Downey deliberately trying to sabotage our city? Ojos Locos may mean crazy eyes, but whoever thought this was a good idea was just plain loco. I think the city leadership has forgotten who they work for and it's time for us a citizens to stand up and remind them.

Bill Austin
Downey Resident

Non -Agenda Item
Linda Thai
From: Michael Williams
Sent: Sunday, March 6, 2022 7:53 PM
To: Council
Subject: Please stop Ojos Locos from coming to Downey
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Council members,
Please vote to oppose the opening of ojos locos in Downey. My family and I are residents in the Appleby neighborhood and do not want this type of business here in our city. We will not vote for any council member who does not oppose this in the next election.

Michael Williams

Non -Agenda Item
Linda Thai
From: Monica Flores
Sent: Thursday, March 3, 2022 9:41 PM
To: Council
Subject: RE: OJOS LOCS
Dear Downey City Council,
With the recent news of the OJOS LOCOS establishment, there has been a great concern and uproar amongst Downey families as seen and expressed on our "POSITIVELY DOWNEY" Facebook group.

Our little town is close-knit and we will not stand for this type of business to invade our humble and family focused city.

We love our children !!! Keep this business away from our city and our children.

I stand in protest, along with my fellow neighbors, against bringing OJOS LOCOS to our community.

This will change how we vote for our representatives if this business is allowed to open.

Respectfully,
Dr. Monica L. Flores
Sent from Gmail Mobile

Non -Agenda Item
Linda Thai
From: all4sc
Sent: Tuesday, March 8, 2022 12:12 PM
To: Downey City Clerk - Public Comment
Subject: Proposed New Business establishment OJOS LOCOS SPORTSBAR CANTINA What is the City of Downey allowing our community to turn into? Looking at Ojos Locos Sports Bar Cantina and their On going businesses, owned by a partnership Jack Gibbons from East and Front Burner Restaurants and Twin Peaks founder Randy DeWitt, is this what Downey is turning into allowing scantily clad female employees across the street from our High School to attract customers? In this case, our students across the street? Downey City Council you are sending a terrible message to our youth and our community! You should be ashamed because you are not doing your job!
In closing, I wouldn't be surprised if our council members were paid off in one way or another to allow this type of business, covered in the facade of a restaurant serving food but in reality crossing the line of what is deemed restaurant sports bar cantina having female employees to serve alcohol dressed in skimpy clothing revealing partial breasts and buttocks to come into our City of Downey.

I am a concerned former educator and community member who spends 75% of my time shopping in the City of Downey.

Carmela Andrade
1 Non -Agenda Item
Linda Thai
From:

The Rivera Family
Sent:

Tuesday, March 8, 2022 12:19 PM
To:

Downey City Clerk - Public Comment
Cc:

The Rivera Family
Subject:

Ojos Locos/The safety of our community matters.
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Good evening City Council Members, Downey resident, Lissette Rivera.

It's really appalling that this establishment was even approved in the first place! Who approved this?! The city planning commissioners from Districts 1, 2, and 3! Approved this establishment, Why? Anyone with any understands of Downey's sense of pride in regards to being consider a family oriented city and safety would've never approve this in the first place. Remember the vote was 3 to 1, with Carrie Uva abstained to cast her vote under Claudia Fromenta.

I'm glad to hear our city staff is working on an ordinance that will regulate the attire of this establishment and any future businesses coming to our city.

But to consider to amend anything in regards to this establishment is just a band aid to quiet those of us who are against such an establishment. The need for an amendment should have never even been necessary in the first place! This type of establishment doesn't belong in a family oriented city like Downey! The majority of our concerns are beyond the attire and pertain more to the safety of our children since this establishment would be so close to our Downey High School. Having this type of establishment can affect our community by having drunk drivers, fights, and crime rates increasing in our city, which will put our children and community at risk.

The crime rate has increased in all the areas this establishment has opened its doors, safety has been an on -going issue for this establishment in other cities with fights, stabbings, and murder. We don't need any more in our city! I know you understand and sympathize with our concerns and will act accordingly.

We as Downey residents, businesses owners, and taxpayers deserve better as a community! I hope that we as Downey residents can come together and express our opposition to this establishment for the safety of our children and community. Otherwise the landscaping of our city and safety will forever change! Thank you for your time.

Non -Agenda Item
Linda Thai
From: Alvarez, Jennifer
Sent: Tuesday, March 8, 2022 12:25 PM
To: Downey City Clerk - Public Comment
Subject: Save our City From Ojos Locos
Attachments: Community Concern.docx
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Dear Downey City Council,
I am writing to you with great disappointment in the approval of Ojos Locos becoming part of our Downey Community.

My name is Jennifer Alvarez, and I am a mother of 6, grandmother of 4, DUSD Elementary educator for 21 years, and I have been a volunteer in many of our community youth sports over the past 20 years.

My first concern is the poor location choice for this bar. Did anyone consider that our children will be impacted by the proximity to this place? Next Fall, our students will be attending school from 8:30am-3:30pm. Ojos Locos has a standard Happy Hour time of 2pm-7pm, so our schoolkids will be mixing with the patrons of this bar afterschool and after extracurricular hours. This is not safe for our kids walking home. Many rush to the local stores next to Ojos Locos such as the Dollar Tree or CVS. Our students frequent this part of town in abundance after school. Since this bar is defining itself as a restaurant, will teenagers be allowed in afterschool? On weekends? Will there be an age limit? If there is, then it shouldn't be classified as a restaurant since no current Downey Restaurant bans teenagers. I understand they only had to ban children at a location where they were serving minors so no children, even with parents were allowed in after a certain hour. Was this ever taken into consideration?
My second concern is the Extensive history of crime that occurs in their establishments that after decades, still plagues them. Was there a crime analysis conducted on the impact this type of adult themed restaurant would bring to our public safety, most specifically the safety of the children in school in such proximity? I have read that their security is armed and dressed in military style as if ready for battle, I ask why? and will this culture be brought to our city? My next concern is for the overspill from this adult themed restaurant and bar into the community's nearby lots and streets. Was there a traffic and parking analysis conducted to understand the potential impact and solutions? Have they done an environmental analysis? They are a sport bar, and we know that in Los Angeles there are thousands of sports fans, and many will flock to this place for their special events like Monday Night Football, Thursday Night Football, Dodger Games, Laker and Clipper games, Galaxy Games, Kings Games etc... This list is extensive of the sports fan events this place will draw in. These patrons will be parking all over the neighboring community including the church, library and city hall lots across the

street. Our everyday citizens will be mixing with the crowds that come and go all hours of the day and night.

Also, a gentleman from the senior apartment complex just behind the location, approached me at the protest for this bar and he said he is very worried about the 120 residents that live behind the location. He stated that when it was a Denny's, there were often fights in the parking lot and police were there often. This place will have a live DJ blaring in such proximity to this senior home and their intoxicated patrons will be parking by their apartments. Did anyone consider how unfair this type of establishment is to the quality of everyday living for these senior citizens? Lastly, as a longtime educator in our beautiful city, I plead with you to take the time to conduct further studies and hold community meetings before allowing this undesirable element to redefine our city from family friendly to crime friendly city.

Our city is known as Community Counts Town. Starting with our schools to our sports organizations, to our city businesses, Character Counts has been the model which we are proud to lead with. Children are shaped by their community and Ojos Locos is not the type of establishment we want our children to be subjected to with the forced proximity of the location. It does not encompass the values of Our Character Counts City. I have faith that you all as Downey's Main Character Caretakers will ensure that this type of adult themed Bar in the guise of a restaurant does not become where we set the bar for our city image.

Children are shaped by their community and Ojos Locos is not the type of establishment we want our children to be subjected to with the forced proximity of the location.

Ojos Locos is an adult playground that is suited best for Los Vegas where they are also planning to open an establishment. Ojos Locos does not belong in Downey.

Each of our City Council Members has the choice to fight for Ojos Locos or Fight for our children and community, so I ask each of you ...... Who will you protect? Thank you for your consideration and time.

Sincerely,
Jennifer Alvarez

Non -Agenda Item
Linda Thai
From: Marcella Barba-Olmos
Sent: Tuesday, March 8, 2022 12:31 PM
To: Downey City Clerk - Public Comment; Council; Claudia M. Frometa Subject: NO OJOS LOCOS - Brings Nothing But More Crime to Downey! To All Downey City Council Members,
I really could not believe my own "ojos" when I read that your planning commission approved this ridiculous and disgusting Ojos Locos business to set up shop only a block away from Downey High School and in the heart of our beautiful city. And if the city council doesn't reverse that decision immediately, I am absolutely certain that every council member who votes in favor will be sure to regret it! The great majority of family -oriented members of this community can and will campaign to vote you out in a heartbeat!
You know very well that Ojos Locos is an adult entertainment business masquerading as a sports bar, masquerading as a restaurant. And as a so-called restaurant, it would be 1. open to minors to enter, 2. open for happy hours starting at 2pm so in time for high school students who are walking out after school. We already know about attempts to kidnap students by people driving by some of the schools. You want more of that? We already have drunk driving and violence around the other bars around Downey. You want more of that near the high school? Ojos Locos has a tremendous track record of serious violent and assorted crimes in and outside their other locations.

Here are just a handful of related news articles documenting murders, shootings, stabbings, drug crimes, drunk driving incidents, plus a suspended liquor licence and a class action sexual harassment case. and -alma -school -road? i
♦ ' i. 1 ♦ • �•� �• •� •i. � .• i/ is � •�t
Furthermore, we know that most of you have children of your own, and should care about the environment they're growing up in. We can raise our kids with the best character to not fall into bad behaviors. But that doesn't leave them protected against what's going on in their community, especially so nearby. I sincerely pray that you consider your decision very carefully.

(My contact info to verify that I'm a Downey resident, not for public record) - A.

Non -Agenda Item
Linda Thai
From: Sally
Sent: Tuesday, March 8, 2022 12:48 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos Restaurant
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Good Afternoon,
I am sending this e-mail in regard to my opposition in the opening of Ojos Locos. 1 moved to Downey 10 years ago because I felt it was a safe, family -oriented community. Since then, I have seen many restaurants open and have also seen an influx of traffic. I feel that the opening of Ojos Locos will create more traffic because of its location and will bring in crime. 1 really hope you keep Downey a safe community. Please open family oriented restaurants that offer different cuisines (too many Mexican restaurants in town). Please keep Downey safe and respectable.

Thank you,
A.1 Liberto
Sent from my iPhone

Non -Agenda Item
Linda Thai
From: Susan Neff
Sent: Tuesday, March 8, 2022 1:05 PM
To: Downey City Clerk - Public Comment
Subject: Fwd: Ojos Locos Bar
March 8, 2022
Dear City Council Members,
It is hard to believe that the City would approve of a "sports bar" such as Ojos Locos without doing any homework. Apparently the City doesn't care who or what they get their tax dollars from. This establishment will be one block from Downey High School (our community's children) and across from the Embassy Suites, where tourists and out- of-town friends stay. Is this the safe environment you want to create for our kids? Is this the image you want to portray of our City to others? Will you next be inviting this bar to participate in the City's business internship program so young ladies from Downey High can learn the business of selling alcohol while dressed in lingerie? Maybe a Spearmint Rhino next? Very few Downey residents will be patronizing this place. It will mainly attract individuals from outside of Downey who have no vested interest in our community and they will misbehave themselves accordingly. If there is a way to un-do this, the City should certainly try, for the good of our community and especially our kids. Oh, and Happy International Women's Day.

Sincerely,

The information contained in this e-mail message may be privileged and confidential information and is intended only for the use of the individual and/or entity identified in the alias address of this message. if the reader of this message is not the intended recipient, or an rmp|oyac or agent responsible to deliver itto the intended recipient, you are hereby requested not to distribute orcopy this communication. If you have received this communication in error, please notify us immediately by telephone or return e-mail and delete the original message from youraystem.

Non -Agenda Item
Linda Thai
From: Claudia Silva >
Sent: Tuesday, March 8, 2022 1:11 PM
To: Downey City Clerk - Public Comment
Subject: Disapprove of new Ojos Locos Restaurant/Bar
Regarding: Agenda item 10
I, Claudia Silva, a city of Downey resident. I am writing for public comment. I hear that Ojos Locos restaurant / bar has been approved for the city of Downey. I am writing to state that I disapprove of this kind of venue opening up in our city, especially in the location that was selected. It is around our high schools and churches. I feel it will attract drunk drivers, thieves and all around unhealthy people to our City. I write in hopes of persuading you to create some positive change for City and not opening up that demoralizing venue.
5 1

Non -Agenda Item
Linda Thai
From: Dora Basurto
Sent: Tuesday, March 8, 2022 1:14 PM
To: Downey City Clerk - Public Comment
Subject: MARCH 8, 2022 REGULAR MEETING AGENDA ITEM NUMBER 10 We are voters in your district and have recently become aware of the Planning Commission's approval of development (we understand a conditional use permit) of the former Denny's property near Brookshire and Firestone for operation of a Ojos Locos Cantina. Due to several factors, we are opposed to the proposed project and our concerns are not alleviated by a reported City Council consideration of a restaurant employee dress code.

The establishment of a Ojos Locos Cantina would apparently involve female service staff dressed in lingerie, and, if reports from other Ojos Locos Cantina sites are accurate, would likely be a source of criminal behavior, e.g., fights, gangs, public drunkenness, drugs, all in an area that includes several churches, a retirement home, and Downey High School.

The above -described circumstances are the antithesis of the Downey community which encourages values and businesses that operate in harmony and for the greater good of residents and their families. Please consider these factors and take action in the best interest of the community.

Dora Basurto-Friedman
and Howard Friedman

Non -Agenda Item
Linda Thai
From: bobbyalvarez70
Sent: Tuesday, March 8, 2022 1:34 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos Cantina
As a Downey resident I am emailing the City Council to voice my disappointment with the decision of allowing the establishment, known as Ojos Locos Cantina, to operate in the City of Downey. I have looked into the background at other Ojos Locos sites, and found that they have a history of volience and crime. Also, some of the events put on by the cantina is questionable, not to mention the attire that Ojos Locos Cantina enforces on their waitresses. Downey should set the bar high, not low, when comes to who we allow to operate a business. Ojos Locos is not positive for the City of Downey, and should not be approved to operate in our city, especially NOT near a high school. I understand that they (Ojos Locos Cantina) is opening 11 new restaurants in Southern California, and Nevada, but this establishment belongs in Las Vegas, NEVER in Downey. I am strongly opposed to Ojos Locos Cantina operating in Downey.

Jose
Downey Resident
Sant via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone

Non -Agenda Item
Linda Thai
From: Liza Adrian
Sent: Tuesday, March 8, 2022 1:31 PM
To: Downey City Clerk - Public Comment
Subject: Ojo Locos
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Good evening council,
I am here to voice my concern for the establishment Ojo Locos. It is an absolute embarrassment that a business like this will be opening up in our city. How are you ok with minors entering this type of facility since it's being marketed as a restaurant, regardless of their time cut off? The location is an area where we do not only have family restaurants and shops, but we also have a high school. What message does that send? I would've expected more from the city council as far as researching what type of establishments are coming into Downey, but to be honest there is only person I trust on that council and it's Former Mayor Frometa. I honestly believe if she could've put a stop to this place she would've. The planning commission should also be ashamed of themselves for even approving this type of facility. Why do we need another bar? Downey is where my husband and four generations are from and he came back here to raise a family for a reason. The city was known for family values and yet here we are ready to open a place that exploits women and will be brining in a certain type of element that will cause problems. Downey PD is already busy enough and now with this type of bar coming in I can only imagine what will happen. My suggestion to you is in the future do a little more research for the betterment of this city.

Thank you,
Liza Adrian

Non -Agenda Item
Linda Thai
From:

Monica L. Delgadillo
Sent:

Tuesday, March 8, 2022 2:04 PM
To:

Alicia Duarte
Cc:

Linda Thai
Subject:

FW: No Ojos Locos in Downey!!!!
From: Karina Saucedo >
Sent: Tuesday, March 08, 2022 1:50 PM
To: Council ; Downey City Clerk - Public Comment
Subject: No Ojos Locos in Downey!!!!
Hello,
My name is Karina Saucedo and I am a lifelong resident of Downey. I'd like to thank Mario Trujillo for being the only council member so far to acknowledge that this Bar is not right for our family -oriented community. I'd like to take your attention away from the employee dress code and redirect it to the very real issue which is the long list of illegal and violent activity connected with every Ojos locos location. This business has withheld wages and violated labor laws, they have sexually harrassed their employees, the have been charged with over serving alcohol countless times. Violent fights, shootings and murders are a routine occurrence at these bars ... the most recent shooting occurred just 2 days ago on March 6th. Here is a list of just a few incidents at Ojos locos Cantina (FYI Cantina translates to bar, not restaurant.... I'm unsure why this place is being treated as a restaurant). 08/09/2018: Ojos Locos Sports Cantina Sued by EEOC For Sexual Harassment And Retaliation 02/14/2019: OJOS LOCOS SPORTS CANTINA TO PAY $700,000 TO SETTLE EEOC (a federal agency) SEXUAL HARASSMENT AND RETALIATION LAWSUIT, in this case, the Sports Bar Subjected Employees, Including Teenagers, to Sexual Misconduct And Punished Those Who Complained, Federal Agency Charged.

Employees dealt with unwelcome conduct including requests to show more cleavage and comments about their breasts and buttocks. In at least one case a manager text an employee a photo of his penis.

Women that complained were fired.
02/11/2020: Multiple cellphone videos show altercation causing guard to kill a customer 02/20/2021:Man shot to death, another injured during fight outside bar in east Houston 08/12/2021: APD identifies victim, releases new info in Ojos Locos Sports Cantina shooting 01/26/2022:APD arrests suspect from North Austin shooting that left two men dead 03/06/2022: Police Respond to Shooting Outside of Ojos Locos Sports Cantina in East Houston The list of these occurrences is nearly endless, I hope that this is painting a clear picture of why this establishment should absolutely not open in Downey.

Thank You for your time and for doing what is right for Downey.

Sincerely,
Karina Saucedo

Non -Agenda Item
Linda Thai
From: Amy S.V.

Sent: Tuesday, March 8, 2022 1:39 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos ... not in our safe community!
To Whom it may concern:

I am a resident of Downey and I am against the establishment of Ojos Locos is our community. We are a family oriented community and this establishment has very bad reviews and we don't want any more crime in our community. They can take their Ojos Locos away from here! I say NO to such establishments with bad reputations! Thanks for your time,
Amalia Soto

Non -Agenda Item
Linda Thai
From: Connie Yepez
Sent: Tuesday, March 8, 2022 1:55 PM
To: Downey City Clerk - Public Comment
Subject: strip bar
Consuelo T. Y. Maradiaga
Downey, CA
Item #10
Downey City is full of hard working mothers and fathers We want a city that will work hard to defend our values and our rights. A sleazy joint across from a high school is never appropriate! We are United in our opposition to the city granting this permit to put a very poor example of sexuality in front of our precious students. We are here to let everyone know, "We will not rest until this atrocious business is removed from where our families shop, eat, and learn. Find another place for this! Not in our city, not around our kids!

Non -Agenda Item
Linda Thai
From: Lupita Davis
Sent: Tuesday, March 8, 2022 1:58 PM
To: Downey City Clerk - Public Comment
Subject: Public Comment
Ronald J. Davis/Lupita Davis, Downey CA
Re: Agenda No. 10 - Ojos Locos Sports Cantina - Employee Attire While scantily attired female waitresses is an issue of concern, it is hardly the principle animus of the many Downey residents who are deeply concerned by the lack of transparency exhibited by the city council in the past year. There is little evidence that the council explored the community detriments of the 21 other Ojos Locos chain sites throughout the Southwestern United States. Liquor licenses were approved last March, 2021 without and Downey community awareness. We need Downey residents to be fully informed of the behind -the -scenes deliberations on this approval.

Non -Agenda Item
Linda Thai
From: Juanita Farias
Sent: Monday, March 7, 2022 6:45 PM
To: Downey City Clerk - Public Comment
Subject: Comentario Publico
Mi nombre es:Juanita Farias y vivo en la cuidad de Downey CA.

Somos una familia de 4 personas y queremos pedirle que por favor nos ayuden a que las rentas de nuestra vivienda no nos suban tanto por que somos de bajo recursos y estamos batallando para poder pagar por favor se to pedimos ,nosotros apoyamos su propuesta muchas gracias por su atencion!!

Non -Agenda Item
Linda Thai
From: Maura Cotero
Sent: Tuesday, March 8, 2022 1:45 PM
To: Downey City Clerk - Public Comment
Subject: Apoyo a Caterine con su propuesta para un comite.

Mi nombre es Maura Cotero. Yo rento un departamento en la ciudad de Downey. Y cada vez la renta incrementa su costo. Pero no asi los salarios. Seguimos ganando to mismo y pagando mas de renta. Por to que envio este comentario para apoyar la propuesta de la consejal de Downey Catherine Alvares. Quien propone que se estabilice un comite para hablar del control de rentas en la ciudad de Downey. Para mejor calidad de vida y que las personas que rentamos en los departamentos y casas. Mantengan sus viviendas, asi como para que se vote a favor de esta propuesta.

Agradeciendo de antemano la atencion al presente escrito.

Non -Agenda Item
Linda Thai
From: Renee Thompson
Sent: Tuesday, March 8, 2022 1:56 PM
To: Downey City Clerk - Public Comment
Subject: Crime at Apollo Park
Dear Council members,
My name is Renee Thompson and I live in Downey, California.

There is a huge problem with drugs at Apollo Park. Many individuals park their cars and smoke marijuana for hours. Some are even so bold as to smoke marijuana in the park benches. This takes place in front of families and children.

Most people are afraid of retaliation so most look the other way. I have spoken to Kevin the park manager and they are aware of the problem.

Calling the police sometimes doesn't work by the time the police show up the people already moved to a different location.
was hit by a car last week with a man that had been parked for hours smoking marijuana.

Is there anything you can do?

Public Comment #10
Linda Thai
From: Firestone Gas
Sent: Tuesday, March 8, 2022 12:05 PM
To: Downey City Clerk - Public Comment
Subject: Ojos Locos item 10
To whom it may concern:

I would like to comment on item number 10 for tonights city council meeting. This restaurant is something that is much needed after being in a global pandemic for the past 2 years. It will be a friendly and fun place for us to go enjoy ourselves and if there are people who wouldn't agree, there are many other restaurants in the area they can go to instead.

It will also create many jobs for us in the city of Downey.

I oppose any regulations and restrictions on their uniform.

Amanda S.

Public Cnm0Oenf#1O
Linda Thai
From:

Sent: Tuesday, March 8.202212:35PK4
To: Downey City Clerk Public Comment
Subject: Item 10 council meeting
Dear City Council,
I am a local business owner in the city of Downey. I stand against the ordinance to regulate employee uniforms because of how it will negatively impact our other businesses. I am concerned that adding more regulations will chase out businesses during these hard times and resulting in less jobs. Our hopes are for businesses to be opening and resulting in more job opportunities. | am hereby requesting not to establish a new regulation for business attire.

Thank you all,
Roy Zahabian

Linda Thai
From: Roxy Abergel
Sent: Tuesday, March 8, 2022 1:26 PM
To: Downey City Clerk - Public Comment
Subject: Council meeting 3/8/22
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Name: Roxana Abergel
City of Residence: Downey
Agenda Item No: 10
Subject: 8350 Firestone Blvd
Comments:

The city should not be able to regulate attire for establishments. Adding this ordinance will impact all places under this ordinance and will have a negative impact on our business community. I doubt all other businesses will also agree to this.

Thank you,
Roxana Abergel
1 =0 • ,Ii-I Flue
Linda Thai
From: Bijan Radnia
Sent: Tuesday, March 8, 2022 1:56 PM
To: Downey City Clerk - Public Comment
Subject: City Council Meeting item number 10
I am emailing in regards to tonights city council meeting item number 10. 1 believe this restaurant is very important for the future of the city of Downey. It will generate at least 200 jobs for members of the city alone. I read in some newspaper articles that the attire will actually only be worn for special events. Also, some of the articles and its photos shown in the local newspaper articles are not from Ojos Locos but actually from Twin Peaks.

The state already has uniform ordinances in place. I don't think the city should impose any new uniform regulations.

Bran Radnia

Name: Roxana Abergel
City of Residence: Downey
Agenda Item No: 10
Subject: 8350 Firestone Blvd
Comments:

Thank you,
Roxana Abergel
1 Public Comment #12
Linda Thai
From: Downey Tenants Union <-
Sent: Monday, March 7, 2022 11:16 AM
To: Downey City Clerk - Public Comment
Subject: public comment
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Hello,
This is a public comment for tomorrow's Downey City Council meeting.

The Downey Tenants Union was founded in 2019. We are neighbors helping neighbors. We organize against evictions, for lower rents, and fight for respect from landlords and property management companies.

We are working-class families. Because of that, most of us cannot attend the Council meetings as often as we would like.

But we are still watching, and we want the City Council to take our concerns seriously. Every tenant deserves respect from the Council.

Tonight, Councilwoman Catherine Alvarez is bringing an item for a committee about rent stabilization. We agree with Councilwoman Alvarez. We need to study this issue more, so that we can bring it to the Council.

Thank you Councilwoman Catherine Alvarez for keeping your campaign promises to fight for rent control.

Yes on the creation of the Committee to Discuss Rent Stabilization.

Downey Tenants Union

Downey City CouncilMarch 8, 2022

Downey City Council
March 8, 2022