City Council Minutes
Regular Meeting – March 22, 2022 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 22, 2022
The City Council of the City of Downey held a Regular City Council Meeting on March 22, 2022, at 6:34 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco Mayor
Catherine Alvarez Mayor Pro Tem
Vacant Council Member District 2
Claudia M. Frometa Council Member
Mario Trujillo Council Member
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Deputy City Manager/Community Development Leslie Murray, Chief of Police
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Jason Chacon, Interim Director of Parks & Recreation
Anil Gandhy, Director of Finance
Vaniah De Rojas, Assistant to the City Manager
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by former Mayor Rick Rodriguez. The Pledge of Allegiance was led by Girl Scout Troop 2715.
PRESENTATIONS
1. Mayor Pacheco presented the Mayor’s Impact Award to Priscila Coronado.
2. Mayor Pacheco with assistance from Public Works Director Consunji presented a City Tile to retiring employee with 37 years of service, Benito Ortiz, Public Works Department.
3. Mayor Pacheco with assistance from Captain Baker presented a City Tile to retiring employee with 21 years of service, Lynette Williams, Downey Police Department.
4. Mayor Pacheco presented a Proclamation in honor of Women’s History Month.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo welcomed the audience to the City Council meeting and emphasized the importance of civic engagement. He thanked residents for their patience while street construction is in progress. He announced visiting Downey’s Sister City of Guadalajara, Mexico. He commented in support of the arts in Downey. He congratulated the Downey Chamber of Commerce on the Downey Street Faire
City Council Minutes
Regular Meeting – March 22, 2022 2
and reported attending the Downey Sister Cities Association meeting. He thanked Vicente Ortiz for promoting cross culture exchange and Jim Rodriguez and Louis Morales for a discussion regarding Senate Bill 9. He commented regarding security and cleanliness at Independence Park and requested staff work with the Downtown Downey Improvement Association to maintain the Downtown Downey Parking Structure. He requested a report on the status of the Stonewood Mall due to dilapidated building conditions and signage.
Council Member Frometa welcomed the audience to the City Council meeting and encouraged civic participation. She reported attending the DUSD True Lasting Connection 10th Anniversary Celebration, the Downey Chamber of Commerce Street Faire, the Downey Los Amigos Kiwanis Car Show, and the Downey Clergy Council meeting. She wished the Downey High School Dance Team good luck at the USA High School Dance Nationals. She invited the public to attend the City of STEM event, the Gangs Out of Downey Luncheon, and the Father-Con event. She requested a proclamation recognizing April as Child Abuse Prevention Month and requested a campaign to educate residents regarding the tree canopy and the Urban Forest Management Plan. She requested staff address the timing of the left turn arrow on Brookshire Ave. and Imperial Hwy. She commented regarding street rehabilitation and thanked residents for their patience while construction is in progress. She commented regarding the condition of the signage at the Stonewood Mall. She requested to hold commercial strip mall owners accountable for trash and debris in the parking lots and strip mall surroundings.
Mayor Pro Tem Alvarez thanked the audience for attending the City Council meeting. She commented regarding freedom of speech.
Mayor Pacheco thanked the audience for attending the City Council meeting. She commented regarding civic engagement and concerns regarding Ojos Locos Sports Cantina. She acknowledged Mariana Pacheco and Jeannie Wood in attendance. She reported attending the HOPE Latina History Day Conference, St. Raymond Catholic School Gala, the service for former Mayor Bob Davila, the Arc Walk for Independence, and the Downey Chamber of Commerce Street Faire. She directed staff to address a street light turning on and off at Firestone Blvd. and Woodruff Ave. She invited the public to attend the Downey One Day of Service event. She asked for residents to be patient with dust and noise during construction and shared that she filmed an informational video regarding the street repavement projects. She directed staff to bring back the Business Watch Program.
Council Member Frometa encouraged residents to contact the CEO of Ojos Locos Sports Cantina to express their concerns.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS
Mayor Pacheco asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non-Agenda items. City Clerk Duarte confirmed 18 written comments were received.
Mario Guerra, resident, commented regarding filling the Council District 2 vacancy.
Anna Muggleton, resident, commented in support of approving extended funding for Stay Gallery.
Polaris Castillo commented in support of approving extended funding for Stay Gallery.
Roger Miller, resident, commented in support of approving extended funding for Stay Gallery.
Jennifer Subasavage, resident, commented in support of approving extended funding f or Stay Gallery.
City Council Minutes
Regular Meeting – March 22, 2022 3
Cindy Macias commented in support of approving extended funding for Stay Gallery.
Carol Kearns, Downey Arts Coalition, commented in support of approving extended funding for Stay Gallery.
Lindsay Franklin, resident, commented in support of approving extended funding for Stay Gallery.
Laura Vazquez Rodriguez, resident, commented in support of approving extended funding for Stay Gallery.
George Redfox, resident, commented in support of approving extended funding for Stay Gallery.
Kathy Perez, Downey Conservancy, commented in support of approving extended funding for Stay Gallery.
Elizabeth Munzon, Flatline Gallery, commented in support of approving extended funding for Stay Gallery.
Glenn Robinson expressed concerns regarding Ojos Locos Sports Cantina.
Carol Nelson commented in opposition to Ojos Locos Sports Cantina.
Valentina Johnson, resident, commented in opposition to Ojos Locos Sports Cantina.
Yeni Garcia, resident, commented in opposition to Ojos Locos Sports Cantina.
Horacio Ortiz Jr, resident, commented in opposition to Ojos Locos Sports Cantina.
Yeni Umana commented in opposition to Ojos Locos Sports Cantina.
Mayor Pacheco asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non-Agenda items.
Armando Herman, non-resident, commented regarding installation of a statue in the park and First Amendment rights.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:38 p.m. Mayor Pacheco reconvened the City Council meeting at 7:41 p.m. with all Council Members present.
Mike Greenspan, non-resident, commented regarding former Council Member Ashton, City staff, and the installation of a statue in the park.
Speaker, no name provided, commented in opposition to Ojos Locos Sports Cantina and extension of the dog park.
Jennifer Alvarez, resident, commented in opposition to Ojos Locos Sports Cantina.
Karina Saucedo, resident, commented in opposition to Ojos Locos Sports Cantina.
City Council Minutes
Regular Meeting – March 22, 2022 4
Alejandra Vargas, resident, commented in opposition to Ojos Locos Sports Cantina.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:51 p.m. Mayor Pacheco reconvened the City Council meeting at 7:56 p.m. with all Council Members present.
City Manager Livas announced Item No. 13 would be pulled for separate discussion.
Mayor Pacheco reminded speakers to limit comments to one minute to allow everyone the opportunity to speak and emphasized the need to hear from everyone.
Josefina Gutierrez, resident, commented regarding assistance for homeless individuals.
Karyn Armijo-Canett, resident, commented in opposition to Ojos Locos Sports Cantina.
Maria Di Paredes, resident, commented in opposition to Ojos Locos Sports Cantina.
John Wilhite, resident, commented in opposition to Ojos Locos Sports Cantina.
Maria Ochoa, resident, commented regarding modification of the City Municipal Code to discourage bars.
Teresa Tinnerman, resident, commented in opposition to Ojos Locos Sports Cantina and Women’s History Month.
BC, resident, commented regarding City leadership and the effort to recall L.A. County District Attorney Gascon.
Victoria Smith, resident, commented in opposition to Ojos Locos Sports Cantina and banners and dividers on Downey Ave.
Jang Lee, resident, commented in opposition to COVID-19 vaccines, Ojos Locos Sports Cantina, and the LGBTQ community.
Deborah, resident, commented in opposition to Ojos Locos Sports Cantina.
Jose Alvarez commented in opposition to Ojos Locos Sports Cantina.
Speaker, no name provided, commented regarding unity and the Constitution and thanked Council for representing different people with different beliefs.
Diane Sanchez, resident, commented in opposition to Ojos Locos Sports Cantina.
Mary Beth Eaves, resident, commented in opposition to Ojos Locos Sports Cantina.
Resident, commented in opposition to the location of Ojos Locos Sports Cantina.
Paula Mejia, resident, commented regarding Ojos Locos Sports Cantina and the proposed roundabout in Council District 2.
City Council Minutes
Regular Meeting – March 22, 2022 5
Carlos Arvizu, resident, commented in opposition to Ojos Locos Sports Cantina.
Teresa Espinoza, resident, commented in opposition to Ojos Locos Sports Cantina.
Janice, resident, commented in opposition to Ojos Locos Sports Cantina.
Angelica Hernandez, resident, thanked the Downey Police Department and commented in opposition to Ojos Locos Sports Cantina.
Brenda Street, resident, commented in opposition to Ojos Locos Sports Cantina.
Diane Neraz, resident, commented in opposition to Ojos Locos Sports Cantina.
Rodolfo Cortes Barragan, non-resident, commented regarding the opportunity to submit public comment, the new City Manager, Item No. 12, and Ojos Locos Sports Cantina.
Having no one else, Mayor Pacheco closed public comment.
Mayor Pacheco commented regarding the need to limit individual speaker times for the public comment period due to the number of speakers.
City Attorney Abich Garcia advised the Council to pull Item No. 13 for separate discussion and allow City Prosecutor Eckart to respond to concerns raised by speakers.
Mayor Pacheco took Item No. 13 out of order.
13. REGULATIONS ESTABLISHING BUSINESS ATTIRE FOR FOOD HANDLERS IN RESTAURANTS AND BARS: City Attorney/Community Development.
ADOPTED ORDINANCE NO. 22-1478, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 13 (“FOOD HANDLERS”) OF ARTICLE IV (“PUBLIC WELFARE, MORALS, AND POLICY”) OF THE DOWNEY MUNICIPAL CODE
City Prosecutor James Eckart identified the issues as concerns regarding one particular business and concerns regarding the Ordinance, which would apply to multiple businesses. He clarified the role of staff and the City Council and stated the City Council did not approve the application of Ojos Locos Sports Cantina. He noted the businesses is allowed by right at the location and was required to apply for a Site Plan Review to enlarge the location and a Conditional Use Permit to provide entertainment.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 8:32 p.m. Mayor Pacheco reconvened the City Council meeting at 8:32 p.m. with all Council Members present.
Mr. Eckart reiterated the restaurant is allowed by right and the City did not approve the attire or service of alcohol. He stated the Ordinance is a way of addressing the issues raised by residents while complying with First Amendment protections. He shared that representatives of Ojos Locos Sports Cantina have stated operations would be different from operations in other states and attire for waitstaff would not be the same as what has been depicted on social media platforms. He advised that when the City reviews applications, they must assume the applicant will comply with City law. He stated the City is taking a step further by mandating attire for food establishments and violations of the dress code would be subject to administrative fines and revocation of issued permits and the business license.
City Council Minutes
Regular Meeting – March 22, 2022 6
Council Member Trujillo requested to clarify if the California business model for Ojos Locos would be a cheerleader outfit. Mr. Eckart confirmed his statement. Council Member Trujillo questioned whether Hooters Restaurant would be allowed to operate in Downey. Mr. Eckart responded that if Hooters applied to operate in the same space, it would be subject to the same regulations and the City would not be able to prevent them from opening in that location. Council Member Trujillo requested to confirm the City would not be able to prevent Ojos Locos Sports Cantina from opening with the cheerleader outfit as staff attire.
Mr. Eckart confirmed his statement.
Council Member Trujillo inquired whether staff has discussed relocation of the business with Ojos Locos Sports Cantina’s legal counsel. Mr. Eckart responded he has not discussed relocation of the business and is not aware of whether staff has discussed the matter with the business. Council Member Trujillo shared that the property owner has leased the location to Ojos Locos Sports Cantina and entered into a lease agreement with the business. He directed staff to discuss relocating the business to a location further from the schools. City Manager Livas responded that staff has contacted the business to discuss relocation and staff has contacted the property owner regarding alternative uses for the space. He stated that no Council Members have voted on the matter of Ojos Locos Sports Cantina.
Council Member Frometa stated the City cannot prevent businesses from opening when a lease agreement has been entered. She stated that Council Members share the concerns of residents, and the City has issued a permit for entertainment, has not allowed an adult entertainment permit, and will continue to discuss relocation with Ojos Locos Sports Cantina.
City Manager Livas added the City can control the attire of the business and if the business violates the law, the Downey Police Department can step in. He stated that there are 40 restrictions on the business, which will not operate in the same manner as it does in Texas. He stated there would be zero tolerance enforcement of the laws and in the case of a violation, the City can revoke the business license. He commented regarding the role of the Ordinance in controlling factors of concern. He stated the cheerleader outfit would not be permitted under the Ordinance. He stated that the Police Department and Code Enforcement Division will be monitoring the business to ensure compliance. He emphasized the importance of passage of the Ordinance in establishing oversight on the business.
Council Member Trujillo requested feedback from members of the public regarding their opinion if the business were to operate Hooters business model in another location.
Mayor Pacheco inquired whether the Planning Commission would have been able to stop Ojos Locos Sports Cantina from opening in Downey. Mr. Eckart responded the Planning Commission would have been able to deny the Site Plan Review and Conditional Use Permit and the business would still be able to operate in the same space without entertainment. Mayor Pacheco asked what was approved by the Planning Commission. Mr. Eckart responded the Planning Commission approved the Site Plan Review to expand the building and the Conditional Use Permit to allow entertainment in the form of a DJ.
She requested to confirm that one of the conditions imposed was that the business would not hold any special events. Mr. Eckart confirmed her statement and shared that Ojos Locos Sports Cantina’s legal counsel stated that the lingerie was worn for special events and was not daily attire of the staff. He noted that special events are not allowed under the Conditional Use Permit issued by the Planning Commission.
Mayor Pacheco requested to confirm provisions of the Ordinance. Mr. Eckart added that the Ordinance would not allow attire associated with Ojos Loco Sports Cantina special events and would only allow the cheerleader outfit as modified by the proposed Ordinance. Mayor Pacheco inquired whether the City has the ability to deny a business license. Mr. Eckart stated the City has limited authority to deny a business license and that in the case of Ojos Locos Sports Cantina, the City would not have any grounds to deny the business license. Mayor Pacheco requested to confirm the City may revoke a business license if the
City Council Minutes
Regular Meeting – March 22, 2022 7
business violates the Conditional Use Permit. Mr. Eckart affirmed that violation of the Conditional Use Permit or of the Ordinance lead the business to be subject to revocation of their business license.
Mayor Pacheco inquired when the City was in communication with Ojos Locos Sports Cantina.
Deputy City Manager Schindler responded that staff was in communication on Monday. Mayor Pacheco inquired whether the business had changed its mind regarding coming to Downey. Deputy City Manager Schindler responded it had not.
Council Member Frometa inquired regarding enforcement of the Ordinance. City Prosecutor Eckart responded the Ordinance would fall under the jurisdiction of the Code Enforcement Division with involvement from the Police Department if they are responding to a call. Council Member Frometa questioned the frequency with which Code Enforcement would be regulating the business. City Manager Livas responded the Code Enforcement Division would be performing regular site visits once the business opens. City Prosecutor Eckart responded the City is doing everything it can to regulate the business and concerned residents can continue to contact the business to express their opposition.
Mayor Pacheco requested to confirm that Ojos Locos Sports Cantina is aware of the public’s sentiment regarding their business. City Prosecutor Eckart responded that legal counsel for Ojos Locos Sports Cantina watched the livestream of the meeting and is aware of public opinion. Mayor Pacheco inquired regarding Ojos Locos Sports Cantina’s response. Deputy City Manager Schindler stated the response is that the Texas model of the business will not be applied in Downey and the business will comply with the City’s operating conditions and Ordinances in place.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Alvarez, and carried 4- 0, to adopt Ordinance No. 22-1478, an Ordinance of the City Council of the City of Downey Adding Chapter 13 (“Food Handlers”) of Article IV (“Public Welfare, Morals, and Policy”) of the Downey Municipal Code.
City Attorney Abich Garcia advised the Ordinance would take effect in 30 days.
Mayor Pacheco announced the Ordinance would apply to all restaurants in the City. She thanked the audience for participating in the City Council meeting and encouraged the public to email the City Council with any further comments.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 8:55 p.m. Mayor Pacheco reconvened the City Council meeting at 9:04 p.m. with all Council Members present.
PUBLIC HEARINGS
1. FINAL PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE DRAFT MAP FOR ELECTION DISTRICT BOUNDARIES AND INTRODUCTION OF ORDINANCE:
Administration.
1) CONDUCTED THE FOURTH AND FINAL PUBLIC HEARING TO DISCUSS AND RECEIVE
PUBLIC INPUT ON THE DRAFT MAP FOR DISTRICT BOUNDARIES, AND DISCUSS THE ELECTION SEQUENCE; AND,
2) INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION 2103 REGARDING BY-DISTRICT
ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS
City Council Minutes
Regular Meeting – March 22, 2022 8
AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP.
Mayor Pacheco opened the Public Hearing at 9:04 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Alvarez, seconded by Council Member Frometa, and carried 4-0, to receive and file the publication.
Assistant to the City Manager De Rojas presented the report. She confirmed this Public Hearing would be the fourth and final Public Hearing regarding Downey’s redistricting process. She shared the purpose of the Public Hearing to receive public input regarding the draft map of district boundaries and election sequencing, introduce an ordinance to amend Downey Municipal Code Section 2103, and adjust the new proposed boundaries. She announced the Public Hearing was properly noticed on the City’s website as required by law and staff conducted public outreach via print and digital advertisement. She shared that a Spanish language interpreter has been available at each meeting and the City provided reasonable accommodation when requested pursuant to the ADA. She noted the City has received no draft maps and six community of interest comments. She advised that, following adoption of the Ordinance, staff would be working on an education campaign regarding the new District Boundaries, updating the City website, and notifying residents on social media and other avenues.
Mayor Pacheco requested to display the new Districts boundary map. Ms. De Rojas noted the new Districts boundary map is Exhibit 1 of the Ordinance. Mayor Pacheco inquired regarding changes to the Districts boundaries. Ms. De Rojas responded the northern boundary of District 3 would be moved to Paramount Blvd. and a southern portion of District 4 would be placed in District 1.
Mayor Pacheco, at 9:09 p.m., opened this item for public comment. Mayor Pacheco 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 Pacheco asked if there was anyone present who would like to comment on the Public Hearing item.
Speaker, no name provided, inquired how rearranging the District boundaries help citizens and the City Council.
City Manager Livas stated that redistricting ensures equal representation in each of the Districts.
Mayor Pacheco shared it was determined that the population in District 1 needed to be increased and District 3 had a larger population. She stated that the District boundary change redistributed residents so each District is more equal in population.
Ms. De Rojas shared the information on how distributing the population is determined based on Census information, which is updated every 10 years. She stated that staff also reviews demographics and other criteria per the FAIR MAPS Act.
Council Member Frometa inquired regarding the percent of deviation from ideal allowed in each District. Ms. De Rojas confirmed a difference of two percent is the maximum variance allowed and confirmed the District Boundary map falls within the legal limits. She noted a 1.56% deviation in District 1 and 1.68% deviation in District 3.
Having no one else, Mayor Pacheco closed the Public Hearing at 9:12 p.m.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Alvarez, and carried 4- 0, to introduce an Ordinance of the City Council of the City of Downey amending Downey Municipal Code
City Council Minutes
Regular Meeting – March 22, 2022 9
Section 2103 regarding by-district elections, adjusting the boundaries of City Council election districts and confirming such revised council district boundaries, as reflected in the attached map.
CONSENT CALENDAR
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Alvarez, and carried 4- 0, to approve the Consent Calendar.
2. APPROVED MINUTES: Special Meeting of March 8, 2022; Regular Meeting of January 25, 2022:
City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 358004 – 358389; Payroll Wire Numbers 30004205, 30004209 & 30004211 – 30004213; EFT Nos. 11305 – 11346; in the total amount of $4,394,540.85: Finance.
4. AWARDED CONTRACT TO ALL CITIES ENGINEERING, INC. IN THE AMOUNT OF $513,085 FOR THE CONSTRUCTION OF PELLET ST. AND RYERSON AVE. WATER SYSTEM IMPROVEMENTS; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT
DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-03): Public Works.
5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR 5TH ST. PAVEMENT REHABILITATION; AND, APPROPRIATED $560,000 IN MEASURE R BOND FUNDS IN ACCOUNT NO. 59-1-6830 (CAPITAL IMPROVEMENT PROJECT NO. 21-06): Public Works.
6. ACCEPTED WORK FOR FY 2021/22 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 3) AND ADA IMPROVEMENTS (CITYWIDE), LAKEWOOD BLVD.
PARKWAY IMPROVEMENTS AND REGENTVIEW AVE. SIDEWALK IMPROVEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $672,656.42; AUTHORIZED TRANSFERS OF $75,000 IN SENATE BILL 1 LOCAL RETURN FUNDS FROM ACCOUNT NO. 32- 1-6821 TO ACCOUNT NO. 32-1-6820 AND $60,000 IN MEASURE M LOCAL RETURN FUNDS FROM ACCOUNT NO. 57-1-6835 TO ACCOUNT NO. 57-1-6782; AND, AUTHORIZED THE
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 22-01): Public Works.
7. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 4; AND, APPROPRIATED $4,800,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6874 (CAPITAL IMPROVEMENT PROJECT NO. 22-18): Public Works.
8. APPROPRIATED $136,728.75 FOR THE SHARED COST OF REPLACING THE FILTRATION
SYSTEM AT THE DOWNEY HIGH SCHOOL POOL, PER THE CURRENT JOINT USAGE AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT: Parks & Recreation.
9. ADOPTION OF A RESOLUTION AUTHORIZING EMERGENCY RECONSTRUCTION WORK TO REPAIR DAMAGES AT FIRE STATION NO. 4: Administration/Fire.
ADOPTED RESOLUTION NO. 22-8057, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THE DAMAGES TO FIRE STATION NO. 4 RESULTING FROM A FIERE INCIDENT ON FEBRUARY 25, 2022 AN EMERGENCY FOR THE
City Council Minutes
Regular Meeting – March 22, 2022 10
PRESERVATION OF LIFE, HEALTH AND PROPERTY PURSUANT TO DOWNEY CITY CHARTER SECTION 1211 AND AUTHORIZING PAYMENT FOR THE REQUIRED REPAIRS
10. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE, DISTRICT 1: Mayor Pacheco.
ADOPTED RESOLUTION NO. 22-8058, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF DAMARIS PELAYO TO REPLACE
THE EXISTING MEMBER ON THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 1 11. APPOINTMENT TO THE LIBRARY ADVISORY BOARD, DISTRICT 5: Council Member Trujillo.
ADOPTED RESOLUTION NO. 22-8059, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF VANESSA OROZCO TO REPLACE THE EXISTING MEMBER ON THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT 5
12. ADOPTED RESOLUTION NO. 22-8060, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE ADMINISTRATION DEPARTMENT: Administration.
14. MUNICIPAL CODE AMENDMENT TO COMPLY WITH SENATE BILL 9: Community Development.
ADOPTED ORDINANCE NO. 22-1479, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9965 TO CHAPTER 9 OF ARTICLE IX OF THE
DOWNEY MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND AMENDING SECTION 9312.08 OF CHAPTER 3 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO TWO UNIT PROJECTS IN THE R-1 ZONE AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
15. RESOLUTION TO OPPOSE BALLOT MEASURE RESTRICTING VOTERS' INPUT AND LOCAL TAXING AUTHORITY: Administration.
ADOPTED RESOLUTION NO. 22-8061, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING BALLOT INITIATIVE 21-0042AL WHICH RESTRICTS VOTERS'
INPUT AND LOCAL TAXING AUTHORITY
16. RECEIVED AND FILED THE 2021 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development.
17. APPROVED THE UPDATED CITY COUNCIL ASSIGNMENTS TO THE INTER-GOVERNMENT AGENCIES FOR 2022: Mayor Pacheco.
ADMINISTRATIVE REPORTS
18. OPTIONS FOR FILLING THE COUNCIL VACANCY FOR DISTRICT 2 FOR THE UNEXPIRED TERM: City Attorney.
City Attorney Abich Garcia presented the staff report. She shared the existence of the Council District 2 vacancy following the resignation of Council Member Sean Ashton. She presented two options for addressing the vacancy: appointing an eligible successor for the remainder of the term expiring in November 2022 or making no appointment and leaving the seat vacant until the November 2022 General Municipal Election. She provided an overview of the process to fill the vacancy by appointment, by the
City Council Minutes
Regular Meeting – March 22, 2022 11
deadline of May 13. She emphasized the need to act quickly if the Council were to fill the vacancy due to the 60-day time frame which started when Mr. Ashton resigned on March 14. She compared the process to a job interview, with the City releasing an application for interested residents, soliciting applications for a two-week period, verifying eligibility of applicants, interviewing applicants at a noticed public hearing, deliberating and making the selection before the May 13 deadline. She added that a draft application has been attached to the staff report and the application would be available on the City’s website and publicized on the City’s social media platforms. She stated that if the City Council chose not to fill the seat, no action would be necessary.
Council Member Frometa inquired regarding the number of Council appointments made in Downey’s history, the process in previous appointments, and the most recent appointment to the City Council. City Attorney Abich Garcia responded there were two instances where there was a vacancy and appointment. She shared that Barbara J. Riley was appointed to complete Richard Carter’s term in 1992.
She stated that Ms. Riley was then elected to City Council and served for seven years. She shared that Ms. Riley was again appointed to fill a vacancy in 2000 and a new successor was elected. Council Member Frometa requested to confirm that Ms. Riley filled both vacancies and inquired regarding the length of each vacancy. City Attorney Abich Garcia affirmed Ms. Riley was appointed in each instance and served as an appointed Council Member for approximately five to six months and seven years as an elected Council Member, for a total of 7.5 years. Council Member Frometa clarified her question regarding the length of the vacancies. City Attorney Abich Garcia responded that both vacancies were no more than six months due to the upcoming General Municipal Election in each case.
Council Member Frometa inquired regarding the pros and cons of each option. City Attorney Abich Garcia explained that leaving the vacancy unfilled increases the likelihood of a 2-2 split vote, which affects items which require three affirmative votes. She stated actions involving ordinances, resolutions, and the payment of money would require the affirmative vote of three Council Members. She acknowledged split votes may occur only on more controversial items and the City Council could handle split votes by communicating and finding a compromise.
Council Member Frometa inquired regarding the advantages of making an appointment to fill the vacancy. City Attorney Abich Garcia responded the advantage of filling the vacancy would be having a full Council and decreasing the likelihood of a split vote.
Mayor Pacheco requested to clarify the interviews would occur in open session if the City Council chose to fill the vacancy. City Attorney Abich Garcia confirmed the application process would be opened on the City website and social media platforms and any interviews and deliberation would take place during a public hearing, not in closed session.
Council Member Trujillo moved to open applications to consider an appointment to the Council District 2.
Mayor Pacheco shared her preference to leave the seat vacant, expressed her concerns, and stated the decision should be left to the voters of District 2.
Council Member Frometa stated the City Council is elected to represent residents, commented regarding the precedence for filling a vacancy, and shared the potential benefits of filling the seat by appointment.
Mayor Pacheco expressed her concerns regarding issues if the City Council were unable to agree on the applicant.
City Council Minutes
Regular Meeting – March 22, 2022 12
It was moved by Council Member Trujillo, seconded by Council Member Frometa, and carried 3- 1, with Mayor Pacheco voting no, to direct staff to begin the process to appoint an eligible successor for the remainder of the unexpired term for Council District 2.
City Attorney Abich Garcia added that a proposed schedule was provided in the agenda report and the intent of the schedule is to limit the number of meetings held with a vacant seat. She requested feedback from the City Council regarding the draft application which was based on samples from the cities of South Pasadena, Arcadia, and Rancho Mirage.
Mayor Pacheco requested to add a question regarding whether the applicant is interested in running for the position in the November election. City Attorney Abich Garcia advised this would be a good question to ask during Council’s interview of the applicants and commented regarding the purpose of questions on the application and interview questions. She stated staff would move forward with the draft application if the Council has no comments.
Mayor Pro Tem Alvarez inquired regarding what would happen in the event of a 2-2 vote to appoint an applicant. City Attorney Abich Garcia responded that there would be no appointment.
19. DISCUSSED AND PROVIDED DIRECTION TO STAFF REGARDING THE POTENTIAL ADJUSTMENT TO CITY’S TRANSIENT OCCUPANCY TAX (TOT); APPROVED AN AGREEMENT IN THE AMOUNT OF $123,250 WITH PIVOTAL STRATEGIES LLC FOR BALLOT MEASURE
PUBLIC OUTREACH SERVICES IN CASE THE CITY COUNCIL AUTHORIZES STAFF TO PROCEED WITH THE PROCESS TO ADJUST THE CITY’S TOT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT: Administration.
City Manager Livas stated this item was brought before Council before the pandemic. He discussed the Transient Occupancy Tax (TOT) as a visitor tax for hotels and compared the City’s current tax rate at 9% to surrounding communities that rang e from 11% to 13%.
Assistant City Manager Oskoui presented the staff report. He clarified the TOT is not a tax on residents and called the tax a visitor’s tax as it is levied on hotels, motels, mobile homes, and short-term rentals. He stated the TOT cannot be levied against timeshares or State park system campsites. He noted the TOT is designed to compensate local governments for the increase in public services such as Police, Fire, life and safety, maintenance of roadways, and other related services to accommodate local tourists and visitors. He stated that the Revenue and Taxation Code authorizes cities to tax a person staying 30 days or less in a qualified lodging or accommodation. He shared that a new TOT or an increase to the TOT requires a vote of the electorate and would require a majority vote if levied as a general tax and a 2/3 vote of the electorate if levied as a special tax. He stated the tax is collected by a third party and remitted to the City. He provided a history of the TOT and informed the Council the tax was last adjusted in 1998 after voter approval. He stated the cost of providing general services to local tourists and travelers has increased substantially since 1998. He shared staff has explored alternatives for generating additional revenues to account for cost increases and determined the most fair and equitable revenue generating stream would be an increase in the TOT to have tourists and visitors subsidizing the cost. He stated the City Council directed staff to begin work on adjusting the TOT, prepare the ballot materials for placement in the November 2022 Election, and hire a consultant to assist with community outreach and public information services when the item was last presented in 2019. He noted the process was put on hold after the COVID-19 pandemic occurred but the need to adjust the TOT remains. He shared the average TOT in surrounding cities is 10.5%, with higher rates in cities such as Long Beach and Los Angeles. He estimated revenue of approximately $950,000 would be generated for the General Fund and would pay for essential services such as Police, Fire, and other life and safety services.
Council Member Frometa inquired regarding the proposed TOT rate. Mr. Oskoui stated staff presented a number of options and was directed to pursue a 13% tax rate in 2019. Council Member
City Council Minutes
Regular Meeting – March 22, 2022 13
Frometa inquired regarding the current occupancy of hotels in Downey. Mr. Oskoui responded that, while hotels experienced a dip, the rates have almost recovered to rates prior to the pandemic. Council Member Frometa requested to confirm the tax was recommended by Finance Director Gandhy and generally would not be increased for another 25 years. Mr. Oskoui confirmed her statement and shared that matters subject to Prop 28 are not revisited often. Council Member Frometa inquired regarding strategies the City will use to educate residents about the TOT. Mr. Oskoui responded the City would be engaging in a robust public information campaign and hiring a firm for outreach services. He stated the proposal submitted by Pivotal Strategies delineates the activities needed to educate residents ahead of the November election. He shared the strategy would occur in two phases, with staff developing a brand with a compelling message to communicate with stakeholders following the City Council’s approval and hosting a series of meetings and increasing outreach via social media platforms after the measure is placed on the ballot.
City Manager Livas clarified that this would be an educational outreach similar to that of Measure S, wherein the City will be providing pros and cons for the measure instead of advocating for the TOT.
He commented regarding prior outreach efforts, community support, and the City’s use of funding.
Council Member Trujillo inquired whether the City has used Pivotal Strategies previously. Mr.
Oskoui stated he reached out to Cerrell Associates, the firm previously awarded by the City, and found the firm was no longer in business and its members had formed Pivotal Strategies. He advised the City chose to work with this company as its members are familiar with the City and its processes and that soliciting another Request for Proposals would be an additional three-month process.
It was moved by Council Member Trujillo, seconded by Council Member Frometa, and carried 4- 0, to authorize staff to proceed with the process to adjust the City’s Transient Occupancy Tax; approve an agreement in the amount of $123,250 with Pivotal Strategies LLC. for ballot measure public outreach services; and, authorize the City Manager to execute the agreement.
20. APPROVED THE STAY GALLERY SUBCOMMITTEE RECOMMENDATION TO APPROVE THE
DOWNEY ART VIBE ASSIGNMENT AND ASSUMPTION AGREEMENT AND APPROVED AMENDMENT NO. 1 TO THE OPERATING AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development.
Council Member Trujillo recused himself from this item due to owning commercial property in proximity to Stay Gallery and left the dais at 9:50 p.m.
Deputy City Manager Schindler presented the staff report. He shared that Stay Gallery requested additional funding for this fiscal year to their existing operating agreement with the City. He stated Stay Gallery staff provide a presentation to the Stay Gallery Subcommittee and requested additional funding for the remaining lease payments from April through July 2022 in the amount of $12,128 and for operating costs in the amount of $4,000 per month to ensure regular operating hours and programming, for a tota l cost of $28,128. He added that Stay Gallery stated the reason for their request is the impact of the COVID-19 pandemic on their gallery and the art gallery industry in general.
City Attorney Abich Garcia noted there were two agreements for Council’s consideration. She explained that Downey Art Vibe merged with Stay Arts and the original Operating Agreement would be assigned to Stay Arts, which would assume the responsibilities of Downey Art Vibe. She added the second agreement, the Amendment to the Operating Agreement, would allow for the additional subsidies.
Council Member Frometa inquired whether the Board of Directors of Stay Arts are the same individuals that were in charge of Downey Art Vibe. Mr. Schindler responded in the affirmative. George
City Council Minutes
Regular Meeting – March 22, 2022 14
Manzanilla, Board Chair of Stay Gallery, responded that the Board has largely stayed the same and Stay Arts is largely a name change that reflects the direction of the gallery.
Mayor Pacheco inquired whether the Board of Directors for Stay Arts is the same as the Board of Directors for Downey Arts Vibe. Mr. Manzanilla listed the Board Members of Stay Arts as himself, Luz Lluncor, Valentin Flores, Barney Santos, and Emely Martinez.
Council Member Frometa summarized that Downey Art Vibe has transitioned to Stay Arts and commented regarding the challenges faced by art galleries. She inquired regarding programs in collaboration with DUSD. Gabriel Enamorado, Executive Director of Stay Arts, responded Stay Gallery does not have a contractual agreement or partnership with DUSD but did launch pilot programs geared toward students in 2013 and 2014.
Mayor Pacheco added the Kiwanis Club may have been more involved with Stay Gallery during that time and contributed funding toward programming for students. Mr. Enamorado confirmed the Kiwanis Club had provided a grant for pilot programs for students and the Gallery will host programs for students in the future. He stated the Gallery is currently focusing on maintaining its current offerings, including its exhibitions, family paint days, and the Stay Public Program.
Council Member Frometa requested to clarify the gallery’s hours. Mr. Enamorado responded Stay Gallery is not currently open to the public due to funding issues. He shared that the extended funding would allow the Gallery to re-open for three to four days a week, from approximately 10 a.m. to 5 p.m. including weekends. He stated that the hours of operation may be changed.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Alvarez and carried 3- 0, with Council Member Trujillo abstaining, to approve the Stay Gallery Subcommittee recommendation to approve the Downey Art Vibe Assignment and Assumption Agreement and approve Amendment No. 1 to the Operating Agreement; and, authorize the City Manager to execute any and all Amendments to the Agreement.
21. CONSIDERED PROVIDING $25,000 TO SUPPORT THE DOWNEY PRIDE FESTIVAL, SCHEDULED FOR AUGUST 12 – 13, 2022: Council Member Trujillo.
Mayor Pacheco announced Council Member Trujillo requested this item.
Council Member Trujillo disclosed that he serves on the Board of Directors for L.A. Centers for Alcohol and Drug Abuse (L.A. CADA). He shared that a committee was formed and developed the idea of a Downey Pride Family Picnic upon request by Mayor Pro Tem Alvarez. He stated Whittier City Council Member Henry Bouchot provided guidance regarding Whittier’s Pride event and advised of the city’s partnership with L.A. CADA. He commented regarding the success of the event and the desire of the committee to host the 2022 Downey Pride Festival.
Priscilla Rodriguez, L.A. CADA, provided a presentation. She proposed two Pride events, the Downey Pride Sunset Festival on August 12 and the 2nd Annual Downey Pride Family Picnic on August
13. She provided an overview of the proposed location of the Downey Pride Sunset Festival, inclusion of food trucks and local restaurants, community booths from local organizations, and vendors, a 21+ beer garden, entertainment and performers, and the host sponsors of the event. She shared the intent for the Downey Pride Sunset Festival to be geared toward a more mature audience.
Mayor Pacheco requested to confirm the other sponsors listed have already approved sponsorship of the event. Ms. Rodriguez confirmed this was correct.
City Council Minutes
Regular Meeting – March 22, 2022 15
Ms. Rodriguez presented an overview of the Downey Pride Picnic and provided the date, location, activities including the family interactive fun tent and photobooth, community and business booths, entertainment, and sponsors. She shared background regarding the previous year’s Downey Pride Picnic and attendance of the event. She requested funding support for the events in the amount of $25,000.
Council Member Trujillo clarified that the request is for funding of the event, street closures, use of the City park, and waiver of certain fees. Ms. Rodriguez confirmed his statement. Council Member Trujillo inquired regarding the total cost to host both events. Ms. Rodriguez stated she would provide the information to the Parks & Recreation Department. Council Member Trujillo requested to confirm Supervisor Hahn’s commitment of $25,000 toward the events. Ms. Rodriguez confirmed Supervisor Hahn’s support and added the in-kind donations amounted to approximately $16,000. Council Member Trujillo questioned the inclusion of a beer garden in the event. Ms. Rodriguez responded the event is trying to attract a more mature audience and decided to host two events to serve both audiences. Council Member Trujillo inquired regarding the Downtown Downey Improvement Association’s involvement in the event. Ms. Rodriguez responded L.A. CADA will request sponsorship and participation from the Association. Council Member Trujillo inquired regarding costs for residents for both events. Ms.
Rodriguez stated both events are free to the community.
Mayor Pacheco requested to confirm whether food trucks at the Downey Pride Sunset Festival would charge for food and beverage. Ms. Rodriguez responded the food trucks would charge for items but free tacos would be provided at the Downey Pride Family Picnic.
City Attorney Abich Garcia advised the street closures would be handled as a separate process and would not be authorized as part of the item.
Mayor Pacheco inquired regarding whether Downtown businesses have been contacted regarding the street closures. Ms. Rodriguez stated L.A. CADA is working with the Downey Chamber of Commerce to ensure businesses are aware of the event and street closures.
Council Member Frometa inquired regarding the layout and security for the Downey Pride Sunset Festival. Ms. Rodriguez responded that L.A. CADA would be responsible for the layout and L.A. County would provide security. She advised L.A. CADA would hire the Downey Police Department to handle security if L.A. County were unable to provide security.
Mayor Pacheco added Supervisor Hahn’s Office would cover the cost of security of Police personnel. Council Member Trujillo questioned whether L.A. CADA’s budget could accommodate a condition to the Council’s approval that the event would hire the Downey Police Department to provide security. Ms. Rodriguez responded in the affirmative. City Manager Livas stated the City would prefer that Downey Police Department handle security for the event.
Mayor Pacheco requested to confirm the $25,000 requested was a total for both events. Ms.
Rodriguez confirmed her statement.
Council Member Frometa commented regarding the importance of unity and inclusion in the community. She commented in favor of the event and celebration of culture similar to the International Food and Music Festival and Havana Nights events.
Mayor Pacheco thanked Council Member Frometa for her comments and emphasized the need for respect and collaboration on the City Council.
It was moved by Mayor Pro Tem Alvarez seconded by Council Member Trujillo, and carried 4-0, to provide $25,000 to support the Downey Pride Festival, scheduled for August 12-13, 2022.
City Council Minutes
Regular Meeting – March 22, 2022 16
STAFF MEMBER COMMENTS
City Manager Livas welcomed back Assistant to the City Manager Vaniah De Rojas returning from leave.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council Meeting at 10:17 p.m. in memory of retired Downey Code Enforcement Officer Robert L. Weinrich, father of Downey Police Sergeant Nate Weinrich, who lost his valiant 18-year battle with cancer; the victims of the Ukraine crisis; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CATHERINE ALVAREZ
City Clerk Mayor Pro Tem