MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 14, 2021
The City Council of the City of Downey held a Regular City Council Meeting on September 14, 2021, at 6:32 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding.
ALSO PRESENT:
Council Members:
Claudia M. Frometa
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Deputy City Manager/Community Development Dean Milligan, Chief of Police
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Jason Chacon, Interim Director of Parks and Recreation
James McQueen, Human Resources Director
Vaniah De Rojas, Assistant to the City Manager
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Downey United Methodist Church. The Pledge of Allegiance was led by Emily, Sarah, and Jessica Frometa.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Alvarez reported attending the Independent Cities Association Summer Seminar and California LGBTQ+ Leadership Summit. She apologized to members of the LGBTQ+ community she might have hurt and acknowledged the harassment the community faces. She commented regarding protests occurring outside Council Members' homes in 2020. She thanked the Arts and Culture Subcommittee for their work in proclaiming Pride Heritage Month in the City. She announced an art exhibition to be held at City Hall in honor of National Hispanic Heritage Month. She requested staff collaborate with the Downey Sister Cities Association in 2022 to sponsor and host an annual National Hispanic Heritage Month event. She directed staff to collaborate with the Downey Unified School District to acknowledge October 6 as National Walk and Bike to School Day. She announced a partnership with the Office of Supervisor Janice Hahn to bring the Shower of Hope to Downey.
Mayor Pro Tern Pacheco thanked the audience for attending the City Council meeting. She acknowledged Michael Calvert, Mariana Pacheco, and Ralph Diaz in the audience. She reported attending the Independent Cities Association Summer Seminar, the 9/11 Remembrance Ceremony, and the grand opening of the Optum Clinic. She invited the public to attend the upcoming vaccination clinic hosted by the Downey Unified School District, the Keep Downey Beautiful Cleanup event, and Sound the Alarm hosted by the Fire Department. She requested to add more crossing guards at local City Council Minutes
Regular Meeting — September 14, 2021
schools. She commented regarding the gubernatorial recall election. She acknowledged HenryCda in Council K88Dlbe[ T[Ui|k} CODlnleDLed regarding the gubernatorial [eC@U 8|eCdOD. He @DOk]Oized for mispronouncing the name of fallen officer Ricardo "Ricky" Guk/az at a previous meeting. He apologized to Captain Murray for his questioning at the last City Council meeting and commended her professionalism. He reported attending the Independent QUea Association Gurnrner Seminar, the California LGBTC)+ Leadership Summit, and the opening of e new exhibit at Stay Gallery. He announced he would attend the upcoming Contract Cities Association Seminar.
Council Member Ashton reported attending the Independent Cities Association (I{A)Summer Seminar. He said he was grateful for the opportunity to serve as the President of |CA and thanked former Council M8nnb8rG Barbara J. Riley and K88h0 Guerra for serving. He invited the public to attend the Keep Downey E]e8UtifU| Cleanup 8V8DL He CO000eDt8d regarding the proposed FOUt8 of the VV8Si Santa Ana Branch Transit Corridor project GOdeDCOU[@gedPSSid8OtSiOSUbOliipUb|iCCO[O[O8Otthn]Ugh the Los Angeles County Metropolitan Transportation Authority (M8tr0)vv8bGit8.
COUOd| Member Trujillo 8DOOUDCHd that Metro would hOS1 8 COOODlUOit« iDfOrn8LiOO S8SSiOO.
Mayor Pro Tern Pacheco clarified that the Sound the Alarm event was rescheduled to November 13 and information would be provided through the City's social media platforms.
Council Member Alvarez shared that the City would have the first Hydrogen HOnn8 in the nation.
She commented regarding progress with renewable energy and the charging stations available throughout the City.
Mayor Fnurneto thanked Council Member Ashton for his service on |CA. She reported attending the memorial service for Dr. Mary Stauffer. She COrnnoeOted regarding current vaccination rates in Downey. She reported attending the 3/11 Remembrance Ceremony. She acknowledged Henry C'a.
Lee Squire, Dorothy Pemberton. Michael Co|vert, Mariana Paoheuu, Ralph Oiuz, and members ufher family in attendance. She invited the public to attend the Downey One Day Of Service and the vaccination clinic at Downey High 8ChOO|. She COnnrn8nted regarding eligibility neqUin3nl8ntS for the Rental Assistance Program. She invited the public to attend the State of the City event. She commented regarding Senate 8i|| S and thanked Deputy City Manager Schindler for assisting the /\eoiotonoe League Thrift Shop. She shared that the City is addressing the issue of illegal dumping and encouraged residents to reach out to the City Council via email or phone with any concerns. She directed staff to address the homeless encampment behind the Financial Partners Credit Union on Imperial Hwy. and homes needing maintenance. She thanked the Police Department for their continued enforcement of street racing and requested a staff report Lo discuss issuing a vote of "no confidence" in Los Angeles County District Attorney George Gaacon. She thanked local service organizations and churches for their engagement in the City. She acknowledged Kevin Ezeh in attendance.
PRESENTATIONS
1. Mayor Frometo presented the Mayor's Champion Award to Sebastian Valencia and Tony Ramirez of Brick L.A.
2. Mayor FrometG presented the Certificate ofAppointment to David Gonzalez, Recreation and Community Services Commiaaion, Oiutrict4.
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RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:48 p.m. Mayor Frometa reconvened the City Council meeting at 7:53 p.m. with all Council Members present.
3. Mayor Frometa presented a Proclamation in honor of Emergency Preparedness Month.
4. Mayor Frometa presented a Proclamation in honor of National Hispanic Heritage Month.
5. Mayor Frometa presented a Proclamation in honor of the United States Air Force 74th Birthday.
PUBLIC HEARING
1. ADOPTED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE LAKEWOOD BLVD. AT IMPERIAL HWY. INTERSECTION IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 19-08): Public Works.
ADOPTED RESOLUTION NO. 21-8034, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE LAKEWOOD
BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT IN
ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Mayor Frometa opened the Public Hearing at 8:08 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Council Member Ashton, and so ordered by the Mayor, to receive and file the publication.
Public Works Director Consunji presented the staff report. He provided an overview of the proposed project, the purpose of the project to accommodate increased traffic volume, and the total project costs and funding. He summarized the results of the environmental impact report and informed the City Council the project was found to have less than significant impacts with mitigation measures incorporated. He described the mitigated negative declaration process and implementation of the mitigation monitoring and reporting program.
Mayor Pro Tern Pacheco asked whether the City would provide notices to affected business.
Director Consunji responded that all impacted properties within 300 feet of the project would be notified.
She asked whether drivers would still be able to make left turns during construction. Director Consunji responded that most lanes would remain open during construction.
Mayor Pro Tern Pacheco questioned the duration of the construction. Director Consunji responded that staff is still in the design process and it would be at least six months before construction would begin. He estimated that construction should last approximately six months. She thanked Director Consunji and commented regarding the benefits of the additional left turn lane at the proposed intersection.
Mayor Frometa requested sufficient signage and cones posted to signal a lane closure. Director Consunji confirmed signage and cones would be in place and commented regarding the construction staging and traffic control plans developed by staff to ensure the flow of traffic during construction.
Council Member Ashton thanked Director Consunji for sending out notifications regarding construction. He asked how many trees would be removed and how many would be replaced in the City. Director Consunji responded only trees in the median would be affected and that medians are comprised mainly of shrubs. City Manager Livas added that there has been no decrease in the overall City Council Minutes
Regular Meeting — September 14, 2021 3
number of trees and the City has been active in planting more trees to increase the urban forest in Downey.
Council Member Alvarez asked whether trees removed could be replanted to another location in the City. City Manager responded that most trees would not thrive if replanted in another location therefore the City would replace the trees removed.
Council Member Trujillo asked whether the estimated six-month construction period would involve construction at night. Director Consunji responded that implementation of the construction is still unknown but the City does not typically perform construction work at night. He stated that one of the mitigation measures would be to limit construction hours to 7 a.m. to 4 p.m.
Council Member Trujillo questioned whether night-time construction could be implemented to avoid the impact on residents. City Manager Livas responded that the City has performed construction work, such as street repaving at night, if the impact on residents could be limited. He stated that night- time construction may be implemented depending on the location and distance from residences.
Council Member Trujillo asked whether staff has evaluated the project for the possibility of night- time construction. Director Consunji responded that, as the project is currently in the design phase, staff has not yet begun the construction implementation plan. He stated that one of the noise mitigation measures would be to limit construction hours to 7 a.m. to 4 p.m. City Manager Livas stated that staff would look for possibilities to incorporate night-time construction.
Council Member Trujillo requested to reduce the construction period to four months. He expressed concerns regarding the impact on businesses and questioned whether the City had programs to assist affected businesses. Director Consunji responded that construction is performed in phases to minimize impact and most businesses are able to remain open during construction. He stated staff works with businesses to minimize the impact.
Mayor Frometa, at 8:24 p.m., opened the item for public comment. Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on the Public Hearing item.
Armando Herman, non-resident, commented regarding pedestrian access, the Los Angeles County Metropolitan Transit Authority, closing of businesses, trees, and the drought.
Mike Greenspan, non-resident, commented regarding tickets, the construction period, and in favor of a second left -turn lane and diagonal crossings.
Speaker, no name provided, expressed concerns regarding the safety of local students.
Speaker, no name provided, requested to clarify the location and scope of work of the project.
Having no one else, Mayor Frometa closed the Public Hearing at 8:32 p.m.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco, and carried 5-0, to adopt Resolution No. 21-8034, a Resolution of the City Council of the City of Downey adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Lakewood Boulevard at Imperial Highway Intersection Improvement Project in accordance with the requirements of the California Environmental Quality Act.
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NON -AGENDA PUBLIC COMMENT
items.
Mayor Frometa asked if there was anyone present who would like to comment on Non -Agenda Armando Herman, non-resident, commented regarding free speech and elected officials.
Ralph Diaz, Downey Police Officers Association, commenting regarding the Los Angeles County District Attorney's special directives and crime in Downey.
Leticia Vasquez -Wilson, Central Basin Water Board, commented regarding Assistant City Manager John Oskoui.
Speaker, no name provided, commented regarding Mayor Frometa, her request for public records, corruption, and City Attorney Abich Garcia.
Lee Squire, resident, commented regarding Afghanistan and commissioner Kevin Ezeh.
Barbaro Rodriguez, resident, commented regarding Mayor Frometa, mask mandates, churches, invocation at City Council meetings, Governor Newsom, rental assistance, Mayor Pro Tern Pacheco, and Council Member Alvarez.
Juan Martinez, resident, commented regarding crossing guards, Council Member Trujillo, Los Angeles County District Attorney Gascon, Mayor Frometa, mask mandates, and the public comment period.
Speaker, no name provided, commented regarding Mayor Frometa, Larry Elder, Muslims in Downey, and invocation at City Council meetings.
Council Member Ashton clarified that staff invites members of all faiths to participate in the invocation.
Mayor Frometa reiterated that invitations to conduct the invocation are open to all faiths.
BC, resident, commented regarding Council Member Trujillo, the Downey Police Department, and the treatment of persons of color.
Mike Greenspan, non-resident, commented regarding the Independent Cities Association, its Board Members, and former Los Angeles City Council Member Mitchell Englander.
Jang Lee, resident, commented regarding vaccine mandates and the LGBTQ community.
Kevin Ezeh, resident, commented regarding tradition and evolution.
John Lacey, resident, commented regarding Senate Bill 9, the evacuation of Afghanistan, and immigration.
Rodolfo Cortes Barragan, non-resident, commented regarding partisanship and Mayor Frometa.
Speaker, no name provided, commented regarding vaccines.
Speaker, no name provided, commented in favor of rent control and rent relief.
Pete Collins, resident, commented regarding Council Member Trujillo, the evacuation of Afghanistan, and conduct at City Council meetings.
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Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Non -Agenda items. City Clerk Duarte confirmed four written public comments were received.
Shirley Hernandez commented in favor of rent control.
Juan Hernandez commented in favor of rent control.
Charlene Roche, resident, commented regarding K-rail barriers and parklets.
Ana Brown, resident, commented regarding commissioner Kevin Ezeh.
Mayor Frometa addressed comments regarding herself and commented regarding partisanship and representation.
Having no one else, Mayor Frometa closed Non -Agenda public comment.
CONSENT CALENDAR
Council Member Trujillo abstained from Item No. 8, due to owning property in the area.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on the Consent Calendar items.
Mike Greenspan, non-resident, commented regarding Item No. 2.
Armando Herman, non-resident, commented regarding Item Nos. 2, 4, 7, and 8.
Juan Martinez, resident, commented regarding Item No. 2 and funding of City events.
Having no one else, Mayor Frometa closed public comment.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco and carried 5- 0, to approve the Consent Calendar, with Council Member Trujillo abstaining from Item No. 8.
2. APPROVED MINUTES: Regular Meeting of July 27, 2021: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 353759 — 354218; Payroll Wire Numbers 30004143, 30004147 — 30004149 & 30004151 EFT Nos. 10864 — 10900; Manual Wire Nos. 2170 — 2175, total amount of $4,891,613.44: Finance.
4. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR FOSTER BRIDGE BLVD., RIVERGROVE DR., GLENCLIFF DR.
PAVEMENT REHABILITATION (CAPITAL IMPROVEMENT PROJECT NO. 20-30): Public Works.
5. AWARDED A CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $65,000 FOR WOODRUFF AVE. AND SMALLWOOD AVE. SEWER SPOT REPAIRS; AND,
AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (MISCELLANEOUS PROJECT NO. 348): Public Works.
6. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LEAD TECH ENVIRONMENTAL
TO PROVIDE AS -NEEDED LEAD AND ASBESTOS TESTING SERVICES TO ADHERE TO City Council Minutes
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APPLICABLE FEDERAL AND STATE REGULATIONS TO OPERATE THE CITY'S HOUSING REHABILITATION PROGRAM; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development.
7. ADOPTED RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR THE STATE'S
PER CAPITA GRANT FUNDS PROGRAM FOR THE CRAWFORD AND TEMPLE PARKS PLAYGROUND PROJECTS: Parks & Recreation.
ADOPTED RESOLUTION NO. 21-8035, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPLICATIONS FOR PER CAPITA GRANT FUNDS FOR
THE CRAWFORD AND TEMPLE PARKS PLAYGROUND PROJECTS
8. A SPECIFIC PLAN AMENDMENT TO AMEND THE DOWNTOWN DOWNEY SPECIFIC PLAN TO
CREATE DEVELOPMENT STANDARDS FOR DRIVE -THROUGH FACILITIES AND ACCESSORY MONUMENT SIGNAGE IN THE FIRESTONE BLVD. GATEWAY DISTRICT OF THE DOWNTOWN DOWNEY SPECIFIC PLAN AS REQUESTED BY THE PROPERTY OWNER OF 8300 FIRESTONE BLVD.: Community Development.
ADOPTED ORDINANCE NO. 21-1468, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING THE DOWNTOWN DOWNEY SPECIFIC PLAN TO
INTRODUCE AND ESTABLISH STANDARDS FOR DRIVE -THROUGH FACILITIES AND
ACCESSORY MONUMENT SIGNAGE WITHIN THE FIRESTONE BOULEVARD GATEWAY
DISTRICT OF THE DOWNTOWN DOWNEY SPECIFIC PLAN
ADMINISTRATIVE REPORTS
9. RECEIVED REPORT AND PROVIDED DIRECTION TO STAFF REGARDING POTENTIAL BAN
ON FLAVORED TOBACCO PRODUCTS AND/OR THE ADOPTION OF AN ORDINANCE TO REGULATE THE SALE OF TOBACCO AND TOBACCO PRODUCTS IN THE CITY:
Administration/City Prosecutor.
Mayor Pro Tern Pacheco expressed concerns regarding flavored tobacco being targeted to the youth.
Council Member Ashton thanked the City Prosecutor, City Attorney, and staff for their work on the item.
City Prosecutor Eckart presented the staff report for the item. He shared that he was asked to present options to address the dangers of smoking targeted toward the youth. He provided a list of agencies that declared smoking to pose a health hazard and listed hazards linked to the smoking of tobacco. He highlighted regulations enacted to curb the dangers of tobacco use. He commented regarding the inclusion of electronic smoking devices in the definition of tobacco. He shared that a referendum regarding the sale of flavored tobacco will be placed before voters in 2022 and that the U.S. Department of Food and Drug Administration (FDA) completed a review of Electronic Nicotine Delivery System (ENDS) products and denied the applications due to health concerns. He noted that the FDA did not address some of the biggest producers of ENDS products. He commented regarding the increase in youths using ENDS. He provided options to the City Council to curb the dangers of tobacco use, including 1) requiring a Tobacco Retailer Permit, 2) prohibiting the sale of flavored tobacco, 3) creating "buffer zones" to prohibit tobaccos retailers within a specified distance from schools, day cares, or other tobacco retailers, 4) expanding prohibition of smoking/hookah lounges, 5) directing staff to educate businesses regarding new legislation, and 6) developing programs to promote awareness of the dangers of youth tobacco use.
Mayor Frometa questioned which cities in the Southeast Los Angeles area have moved forward with a ban on flavored tobacco. City Prosecutor Eckart responded that a number of cities have moved City Council Minutes
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forward with a ban on flavored tobacco and commented regarding a growing movement for cities to enact modifications to address the issue.
Mayor Frometa commented regarding concerns of e-cigarettes near high schools in Downey and the possibility of creating buffer zones near schools. She requested information on other area cities that have enacted legislative action regarding flavored tobacco. City Prosecutor Eckart commented regarding use of flavored tobacco to entice the youth. He provided a list of cities in Los Angeles County that have banned flavored tobacco, including Beverly Hills, Calabasas, Culver City, Hermosa Beach, Manhattan Beach, and Redondo Beach. He commented regarding an increase in cities taking action and a number of cities waiting to see what would happen at the State level.
Mayor Frometa questioned when the issue would be voted on at the State level. City Prosecutor Eckart responded that the issue would be voted on in the November 2022 election.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 9. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding Item No. 9.
Armando Herman, non-resident, commented regarding Proposition 64, the effects of Electronic Nicotine Delivery System, and elected officials.
Mike Greenspan, non-resident, commented regarding elected officials and enforcement.
Speaker, no name provided, commented in support of the item and regarding enforcement.
Juan Martinez, non-resident, commented in opposition to the item and commented regarding menthol flavoring and flavored beer, tobacco monopolies, and the upcoming 2022 election.
Speaker, no name provided, commented in opposition to the item.
Having no one else, Mayor Frometa closed public comment.
Council Member Alvarez expressed concerns regarding the effect on small businesses.
City Manager Livas clarified the purpose of the ordinance is to regulate the sale of tobacco, not to close businesses. He advised that the recommendations provided are options that the City Council may discuss and choose which to implement in Downey.
City Prosecutor Eckart clarified that Option 1 would allow retailers to operate as long as they obtain a Tobacco Retailer Permit and comply with the conditions of the permit. He stated that Option 2 would ban the sale of flavored tobacco and retailers could continue to sell non -flavored tobacco. He added that the ban on flavored tobacco could include menthol flavoring, depending on direction from the City Council.
City Manager Livas clarified that Option 1 would not ban the sale of tobacco but would require the business to obtain a regulatory permit that would allow the City an enforcement mechanism if the business is selling flavored tobacco or selling tobacco to underage people. He compared the process to that of enforcement of liquor stores selling alcohol to minors.
City Prosecutor added that, if a retailer were found to be selling tobacco to minors, the City would have options for enforcement such as revoking or suspending the permit or imposing additional conditions on the retailer.
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Council Member Alvarez asked whether tobacco retailers in the City currently have a Tobacco Retailer Permit. City Prosecutor Eckart confirmed that no tobacco retailers have a regulatory permit for the purposes of selling tobacco as it is not required by the City.
Council Member Alvarez asked about the minimum age for the sale of tobacco products and whether retailers must card those purchasing tobacco products. City Prosecutor Eckart confirmed the minimum age is 21 and retailers must request identification when selling tobacco products.
Council Member Alvarez requested to confirm that, if the City Council were to choose Option 1, tobacco retailers would still be required to request identification. City Prosecutor Eckart confirmed that tobacco retailers would be required to request identification and added that the City could impose additional conditions such as signage or a specified location where tobacco may be located within a store. He stated that the Tobacco Retailer Permit would serve as a comprehensive regulatory scheme to regulate businesses selling tobacco and prevent minors from accessing tobacco products.
Council Member Alvarez commented regarding current access to tobacco products and questioned how it would differ under Option 1.
Council Member Ashton responded that he shared the same concerns and found that, without the Tobacco Retailer Permit, businesses found to be selling tobacco products to minors are referred to the District Attorney. He stated that requiring a Tobacco Retailer Permit allows the City to establish processes for enforcement at the City level. He stated that it would allow the City more direct control and enables the City to regulate access to tobacco products. City Prosecutor Eckart confirmed Council Member Ashton's comments and furthered the comparison to the sale of alcohol. He stated that businesses selling alcohol are required to have a Conditional Use Permit to allow the City to impose conditions on the business, despite existing law regarding the sale of alcohol. He stated that, in the same way, a Tobacco Retailer's Permit would allow the City more hands-on control over the business and noted that, for cases referred to the District Attorney, it may result in a rejected case, the sentence may be reduced to a fine, or the citation may be placed on the cashier rather than the business. He stated that the permit would require the business owner to take responsibility for the actions of the business and employees with respect to the sale of tobacco products.
Mayor Frometa stated that staff is seeking direction from Council regarding how to proceed with Options 1 through 6. City Prosecutor Eckart advised that the options are not mutually exclusive and the City Council may choose multiple options. He stated that if the City Council chooses an option with a legal component, staff will prepare an ordinance to be presented for consideration. He clarified that the current discussion is solely for the purpose of providing direction to staff.
Mayor Pro Tern Pacheco expressed her preference for Options 1, 2, and 3 and stated that she would like menthol flavorings included in the prohibition. Council Member Ashton concurred with her statements. City Prosecutor Eckart stated that current businesses operating in the buffer zones could continue to operate until the sunset provision in the ordinance expires or until the business closes.
Mayor Pro Tern Pacheco emphasized the importance of education.
Council Member Alvarez expressed her support for Option 3 but commented regarding her concerns that businesses will continue to break the law. City Prosecutor responded that concerns regarding noncompliance should not stop the City Council from passing laws.
Mayor Frometa expressed her support for Option 1 and asked to confirm that businesses located in the buffer zone would be grandfathered and allowed to continue operations. City Prosecutor Eckart confirmed her statement.
Mayor Frometa expressed her support for Options 1, 3, and 6.
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Mayor Pro Tern Pacheco emphasized her support for Option 2 to be included in the proposed ordinance.
Council Member Ashton expressed his support for Option 4. He stated that existing hookah lounges would be grandfathered and allowed to continue operations. He expressed that he would not like additional hookah lounges in Downey and expressed his support for Options 5 and 6. City Prosecutor Eckart stated the education component in Options 5 and 6 would be included if an ordinance were adopted and advised that the City Council could choose Options 5 and 6 if they opted not to make any legal modifications to the Municipal Code.
Council Member Ashton summarized the consensus regarding Options 1, 3, 5, and 6 and the need for further discussion on Options 2 and 4. City Prosecutor Eckart asked the City Council whether they would like to continue discussion or return to the discussion after the proposed ordinance is drafted.
Mayor Frometa expressed her support for directing staff to draft an ordinance for consideration.
Council Member Alvarez commented regarding the number of small businesses with tobacco products within Downey.
Council Member Ashton requested to have staff draft the ordinance with Options 1 through 4, noting the need for further discussion on Options 2 and 4. City Prosecutor clarified whether Options 2 and 4 would be included in the ordinance or discussed separately. Council Member Ashton confirmed that Options 2 and 4 would be included in the draft ordinance for consideration. City Prosecutor Eckart noted that Options 3 and 4 would involve modifications to the Zoning Code and would need to be considered by the Planning Commission before consideration by the City Council.
Council Member Ashton asked regarding the process for reviewing the proposed ordinance.
City Prosecutor Eckart responded that Options 1 and 2 could return to Council for consideration. He stated that Options 3 and 4 could be included in the same ordinance or drafted separately. He noted that the draft ordinance for Options 3 and 4 would require review by the Planning Commission before presentation to the City Council, unless the City Council were to conduct a study session for further discussion. He stated that the ordinance for Options 3 and 4 could not be considered for reading and adoption without review by the Planning Commission.
Council Member Ashton expressed his desire to hold a study session for Options 3 and 4 before placing the ordinance before the Planning Commission.
Mayor Pro Tern Pacheco requested to confirm that menthol flavorings would be included in Option 2.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco and carried 5- 0, to receive the report, direct staff to draft an ordinance regulating the retail sale of tobacco and tobacco products in the City, and schedule a study session to discuss the draft ordinance.
Council Member Trujillo requested to send notices to affected businesses.
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STAFF MEMBER COMMENTS
City Manager Livas commented regarding the need to step away from the dais.
Mayor Frometa commented regarding the need for Council Members to step away from the dais briefly during long City Council meetings.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 10:37 p.m. on September 14, 2021 in memory of the service men and woman who lost their lives in the attack at Kabul, Afghanistan:
U.S. Army Staff Sgt. Ryan Knauss, 23; U.S. Navy Corpsman Maxton W. Soviak, 22; U.S. Marines Cpl.
Daegan Page, 23; Staff Sgt. Darin Hoover, Jr., 31; Lance Cpl. David Espinoza, 20; Lance Cpl. Dylan Merola, 20; Cpl. Humberto Sanchez, 22; Cpl. Hunter Lopez, 22; Lance Cpl. Jared Schmitz; Sgt.
Johanny Pichardo, 25; Lance Cpl. Kareem Nikoui, 20; Sgt. Nicole Gee, 23; Lance Cpl. Rylee McCollum, 20; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO
City Clerk Mayor
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