MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 12, 2024
The City Council of the City of Downey held a Regular City Council Meeting on March 12, 2024, at 5:33 PM, in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
PRESENT:
Council Members:
Mario Trujillo
Hector Sosa
Claudia M. Frometa
Horacio Ortiz
Dorothy Pemberton
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
James McQueen, Human Resources Director
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(excused)
Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding Closed Session items. City Clerk Duarte confirmed no written public comments were received. Mayor Trujillo asked if there was anyone present who would like to comment on Closed Session items.
Having no one else, Mayor Trujillo closed public comment.
RECESSED TO CLOSED SESSION
Mayor Trujillo announced the City Council is recessing to Closed Session at 5:36 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54957.6 - Conference with Labor Negotiator James McQueen, Director of Human Resources Re: direction for labor negotiations with Downey City Employees' Association - Maintenance Unit.
2. Government Code Section 54956.95 — Liability Claim — Worker's Compensation Claim — Claimant:
Shawn Youngblood — Claim No.: 23-169860; Agency claimed against: City of Downey
3. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code sections 54956.9(d)(2) and (e)(3). Attached letters from Dawn Diaz, General Counsel for Ojos Locos Sports Cantina dated December 21, 2023, and February 5, 2024, also available for public inspection at the City Clerk's Office at 11111 Brookshire Avenue during normal City business hours.
4. Conference with Legal Counsel -Anticipated Litigation - Initiation of litigation pursuant to Government Code section 54956.9(d)(4) (one potential case).
5. Government Code Section 54957(b) —Public Employee Appointment —Title: Economic Development Director.
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Regular Meeting — March 12, 2024
6. Government Code Section 54957(b)(1) — Public Employee Performance Evaluation — Title: City Attorney.
RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Trujillo reconvened the Regular City Council Meeting — Closed Session at 6:51 p.m.
City Attorney Funk reported the Closed Session report as follows: Nos. 1, 2, 3, 4, 5, and 6, no reportable action was taken.
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on March 12, 2024, at 6:51 PM, in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding
PRESENT: Council Members:
Mario Trujillo Mayor
Hector Sosa Mayor Pro Tern
Claudia M. Frometa Council Member (excused)
Horacio Ortiz Council Member
Dorothy Pemberton Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Interim Police Chief
Anthony Hildebrand, Assistant Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Stephen Hannah, Finance Director
Monica Ortiz, Recreation Manager
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Pastor Glenn Kravik, Calvary Chapel Downey. The Pledge of Allegiance was led by Boy Scout Troop 441.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Mayor Pro Tern Sosa welcomed the audience and reported attending the opening day ceremonies for Downey Ponytail and West Downey Little League. He recognized the volunteers and board members for their dedication and countless hours spent preparing the field.
Council Member Pemberton welcomed the audience and highlighted recent community events in honor of Women's History Month hosted by the Downey Chamber of Commerce. She attended a sold - out Women's Empowerment Conference, featuring successful businesswomen, such as Betty Porto as the keynote speaker. Betty shared her family's journey from Cuba to founding Porto's Bakery, which has become a top seller in Downey. Council Member Pemberton expressed gratitude to Michael Calvert and the Chamber of Commerce for organizing the event. She also attended Downey Ponytail and West Little League softball games and participated in the Neighborhood Watch Block Captains meeting, where residents discussed crime prevention strategies with the Police Department. She encouraged residents to start Neighborhood Watch programs and provided contact information for Stephanie Arroyo for City Council Minutes
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assistance. She mentioned that she helped residents with Public Works and Code Enforcement issues and thanked the Departments for their assistance. She thanked the Downey Police Department for increasing patrolling around residential areas and emphasized the need for increased police patrol visibility in the outlaying areas of the City to deter potential crime. She attended the G.O.O.D. (Gangs Out of Downey) meeting and reported that 32,000 square feet of graffiti was cleared. She also mentioned potentially getting a new graffiti truck for the Public Works Department. Council Member Pemberton reported attending the 10-20 Club's Kids and Cops Day at Doty Middle School. She announced upcoming events: Keep Downey Beautiful Clean Up at the Columbia Memorial Space Center and the monthly Neighborhood Watch meeting at City Hall. She expressed appreciation for the added names to the Vietnam Memorial plaque at the Vietnam Memorial. She reminded residents of upcoming community events including the 28th Annual Arc Walk at Stonewood Mall, and the Downey Kiwanis Casino Night at Azar Events Center. She thanked the Downey Police Department for their continued presence around schools and urged them to maintain their patrols during the early morning hours from 8:00 a.m. to 9:00 a.m. and again at 3:00 p.m. in the afternoon.
Council Member Ortiz welcomed the audience and highlighted his participation in the Neighborhood Watch Block Captain meeting. He shared he sent out letters to all registered block captains in his district, as well as others interested in joining the program. He mentioned he successfully started four new Neighborhood Watch Groups, emphasizing the importance of residents being the eyes and ears of their neighborhoods. Council Member Ortiz also attended the Women's Empowerment Conference, describing it as an inspiring event surrounded by powerful women. He took a moment to recognize and appreciate the women in our lives, including grandmothers, mothers, aunts, friends, and colleagues, and led the audience in a round of applause in their honor. He reported participating in the Kids and Cops event hosted by the 10-20 Club, where he helped his staff to prepare 120 burritos for the children and staff. He reported attending the Downey Ponytail and West Little League games. Council Member Ortiz requested staff explore an anti -panhandling ordinance, citing an increase in street juggling, window washing, and vending at busy intersections. He inquired whether an ordinance already exists or if a new one should be implemented. Council Member Ortiz proposed expanding the existing ordinance prohibiting overnight sleeping in parks from 10 p.m. to 8 a.m. to include the Downey Theater, Civic Center, churches, and schools. Council Member Ortiz took a moment to wish his father a happy birthday.
Mayor Trujillo shared meeting with a company that uses recycled rubber to create sustainable asphalt in hopes of making Downey a more environmentally friendly city. He reported visiting Carpenter Elementary to participate in their voting activity day and visited another elementary school for Read Across America and was a guest speaker at the Career Day event in Huntington Park. Mayor Trujillo mentioned he met with Assemblywoman Blanca Pacheco to discuss the City's funding and legislative priorities. He requested that staff look into ways to beautify the walkway between the Locker Room and Stay Gallery in the Downtown Downey area. He also asked if the City could discuss increasing the Community Family Guidance Center table sponsorship level to the $5,000 level at the next council meeting.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley confirmed increased Police patrols and reported that a new graffiti truck had been acquired and would be operational soon. He provided an update on the timeline for deploying the graffiti truck, estimating that it would be fully equipped and in service within the next three weeks.
He also mentioned that staff will look into the anti -panhandling ordinance and to make any changes to the existing ordinance if the City already has one in place.
PRESENTATIONS: None.
PUBLIC HEARINGS: None.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS City Council Minutes
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Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar, and Non -Agenda items. City Clerk Duarte confirmed one written comment was received.
Pierre Dauphin, resident, commented regarding the need to organize frequent hazardous waste collections within the City for residents.
It was moved by Council Member Ortiz, seconded by Council Member Pemberton, and carried 4- 0, with Council Member Frometa excused, to receive and file written public comment.
Mayor Trujillo introduced Hector De La Torre, Executive Director and Representative of the Gateway Council of Governments, to address the Council. Director De La Torre acknowledged his long history with Downey and his past involvement in youth in government programs. He emphasized the significance of the region, which consists of 27 cities and 11 unincorporated areas, housing over 2 million residents. He highlighted the need to continuously advocate for the region's importance to State and Federal officials who often overlook its scale and influence. Director De La Torre explained that Council of Governments collaborates on regional issues that extend beyond individual city borders, primarily focusing on transportation, housing and homelessness, the environment, economic development, and, most recently, public health. He noted Downey's active participation in Council of Governments initiatives and mentioned the upcoming Metro vote on the 710-corridor project, which will impact major roads like Firestone Blvd. and Florence Ave. Regarding housing and homelessness, he emphasized the need for cities to contribute more to addressing the homelessness crisis, as the region has approximately 11,000 homeless individuals —second only to Los Angeles. In economic development, he announced a workforce development conference on April 12 aimed at enhancing skills and job opportunities, similar to the programs at Downey Adult School, to help residents secure better -paying jobs and strengthen local economies. Director De La Torre highlighted initiatives such as the SoCal REN and the Regional Climate Collaborative, which support cities in sustainability projects and cost -saving measures. He encouraged collaborative action and new ideas from the Council.
Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Ernesto Valle, resident, thanked Council for the opportunity to serve on the Public Works Committee. He made comments regarding concerns he posed during his time on the committee. He expressed his concerns about the townhome project being built on Suva St. due to high volume of traffic.
Ofelia Gonzalez, Hogue Property Management, Glenbrook East HOA, raised concerns about the increased costs of trash services following the rollout of compost and recycling bins by Athens.
Speaker No. 3, no name provided, Vice President of Glenbrook East HOA, raised concerns about the increased costs of trash services following the rollout of compost and recycling bins by Athens.
Speaker No. 4, left before their time to speak.
Speaker No. 5, no name provided, commented regarding a citation he received for parking his RV on the street in front of his residence. He requested better public communication when ordinances are adopted to keep residents informed.
B.C., resident, commented against LGBTQ+ pride events and against the City funding pride events.
Jeremy Clifton, President of Downey Rose Float Association, thanked the Mayor for participating in their Board Induction Ceremony and acknowledged the council for demonstrating teamwork. He advocated for promoting the next Police Chief from within the organization.
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John Lacey, resident, commented regarding Council Member accepting criticism during public comment and refraining from interrupting speakers during public comment. He acknowledged Michael Calvert for participating in the Los Angeles Marathon for 37 years.
Speaker No. 9, no name provided, commented in regards to a letter received from Code Enforcement and enforcement methods by the Code Enforcement division.
Speaker No. 10, no name provided, commented regarding an increase in DUI checkpoints in the City.
Speaker No. 11, no name provided, regarding allowing speakers to exceed time limits during public comment. He commented regarding park maintenance, including repair of playground equipment at Independence and Apollo Parks. He objected to the $5 parking fee at Wilderness Park.
Michelle Farina, resident, commented regarding a ceasefire in Gaza.
Speaker No. 13, no name provided, commented regarding a ceasefire in Gaza.
Joaquin Beltran, resident, commented regarding a ceasefire in Gaza.
Speaker No. 15, no name provided, commented regarding a ceasefire in Gaza.
Victoria Smith, resident, commented regarding public comment allotted times and limiting comments to issues affecting residents.
Having no further speakers, Mayor Sosa closed public comment.
CONSENT CALENDAR
Council Member Pemberton provided comments regarding Item No. 2. She provided background information regarding the purchase of new police vehicles.
Mayor Trujillo congratulated the commissioners being appointed this evening and invited them to the next Council Meeting to receive their Certificates of Appointment It was moved by Council Member Ortiz, seconded by Mayor Pro Tern Sosa, and carried 4-0, with Council Member Frometa absent to approve the remainder of the Consent Calendar.
1. WARRANTS ISSUED: Warrant Nos. 375863 — 376220; Payroll Wire Nos. 30004403, 30004406, 30004411, 30004438 — 30004439 & 30004441; EFT Nos. 13323 — 13357; Manual Wire Nos. 2482 — 2486; and, Cashier's Check No. 180 in the total amount of $4,198,271.65: Finance.
2. AUTHORIZATION TO PURCHASE 21 REPLACEMENT POLICE VEHICLES: Police. 1) APPROVED THE PURCHASE OF 11 DODGE DURANGO POLICE VEHICLES FROM THE ELK GROVE AUTO GROUP AT AN AMOUNT OF $597,974;
2) APPROVED A TRANSFER OF UP TO $1,441,090 FROM FUND 17 MEASURE S OPERATING TO FUND 33 MEASURE S CAPITAL; AND,
3) APPROVED THE APPROPRIATION OF $1,441,090 IN ACCOUNT NO. 33-4-2120-0920 FUND 33 MEASURE S CAPITAL FOR THE PURCHASE OF 21 POLICE VEHICLES City Council Minutes
Regular Meeting — March 12, 2024 5
3. APPROVAL OF AGREEMENT WITH THE SAUCE CREATIVE SERVICES FOR PRINTING AND DESIGN SERVICES FOR THE RECREATIONAL MAGAZINE THE DOWNEY ORBIT: Parks and Recreation.
APPROVED THE PROFESSIONAL SERVICES AGREEMENT WITH THE SAUCE CREATIVE SERVICES CORP. TO PROVIDE PRINTING AND DESIGN SERVICES FOR THE DOWNEY ORBIT RECREATIONAL MAGAZINE FOR A TERM OF 3 YEARS BEGINNING ON JULY 1, 2024 FOR A TOTAL CONTRACT AMOUNT OF $283,118
4. FIRST READING OF ORDINANCE REPEALING THE CITY'S HEALTHCARE WORKERS MINIMUM WAGE ORDINANCE: City Clerk/City Attorney.
INTRODUCED AN ORDINANCE REPEALING CHAPTER 13 (HEALTHCARE WORKERS
MINIMUM WAGE ORDINANCE) OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE (BUSINESS, TRADES, AND PROFESSIONS)
5. RESOLUTION WITHDRAWING THE CITY'S HEALTHCARE WORKERS MINIMUM WAGE ORDINANCE FROM THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND CANCELLING ALL FURTHER ELECTION PROCEEDINGS RELATED TO THE ORDINANCE: City Clerk/City Attorney.
ADOPTED RESOLUTION NO. 24-8232, WITHDRAWING THE CITY'S HEALTHCARE WORKERS MINIMUM WAGE ORDINANCE FROM THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION AND CANCELLING ALL FURTHER ELECTION PROCEEDINGS
RELATED TO THE ORDINANCE
6. APPOINTMENT TO INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE FOR COUNCIL DISTRICT 1: Council Member Ortiz.
ADOPTED RESOLUTION NO. 24-8233, APPROVING THE APPOINTMENT OF CESAR ORTIZ TO THE INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE FOR COUNCIL DISTRICT 1
7. APPOINTMENT TO BOARD OF BUILDING APPEALS FOR COUNCIL DISTRICT 1: Council Member Ortiz.
ADOPTED RESOLUTION NO. 24-8234, APPROVING THE APPOINTMENT OF CESAR ORTIZ TO THE BOARD OF BUILDING APPEALS FOR COUNCIL DISTRICT 1
8. APPOINTMENT TO PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 4: Council Member Frometa.
ADOPTED RESOLUTION NO. 24-8235, APPROVING THE APPOINTMENT OF JOHN WILHITE TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 4
9. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3: Council Member Pemberton.
ADOPTED RESOLUTION NO. 24-8236, APPROVING THE APPOINTMENT OF MIA VASQUEZ TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3
ADMINISTRATIVE REPORTS
Mayor Trujillo announced he would abstain from Item No. 11, due to a conflict of interest.
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Mayor Trujillo announced Item No. 13, was being pulled from the Consent Calendar by staff and will be considered at a future Council Meeting.
10. REPORT REGARDING THE POTENTIAL INSTALLATION OF A SECOND DOG PARK: Parks and Recreation.
DISCUSSED AND PROVIDED STAFF WITH DIRECTION REGARDING A POTENTIAL DOG
PARK WITHIN THE CITY AND ADEQUACY OF THE PROPOSED LOCATIONS Parks and Recreation Director Jason Chacon presented detailed options for a second dog park at two different parks located in the south end part of the City. He stated that the City's first dog park was established in 2009 at Rio San Gabriel Park and has 10,000 visitors a year and is approximately 15, 000 square feet. The new potential dog park would operate off the same model offering two sections, one for large dogs and the other section would be for small dogs. Director Chacon also stated that location, community access, parking, existing water source, existing park programs, and the impact to the neighboring areas were all factors that were considered for determining the potential two locations.
Golden Park, located on the south end of the city near Imperial Highway, is about 8 acres and offers several amenities to residents. The park offers approximately 18,000 square feet, making it larger than the existing dog park. It has convenient access from parking lots and street parking, nearby water sources for amenities like fountains, and balanced park usage that avoids significant conflicts with current activities, such as picnics and basketball. However, it is close to residential areas and the existing dog park at Rio San Gabriel Park, raising potential concerns about redundancy. Crawford Park, situated on the western side of the city north of Firestone, is a 2-acre parcel. He addressed safety concerns by stating that the underutilized space would deter unwanted activity at the park. It has access to a water source and offers significant open space for development. However, it faces challenges with limited parking, as the small lot is owned by Edison, and the park itself requires a pending land -use permit from Southern California Edison, with no approval received yet despite repeated applications. Director Chacon emphasized the need for council direction on location priorities, noting that more detailed plans which and designs would follow once a site is selected. He added that conservatively the cost of building a dog park would be $350,000. Renovations to the existing dog park at Rio San Gabriel Park are also underway as part of broader park improvement projects, including updates to parking lots and playgrounds.
Council Member Ortiz inquired about updates to the Rio San Gabriel dog park, and Director Chacon detailed ongoing improvements funded by two grants. These include expanding the dog park by enlarging one side, upgrading fencing and turf, adding amenities, and clearing brush to create more space. These upgrades are part of a larger project that also includes constructing a new all-inclusive playground, parking lot, picnic shelters, walking trails, and security lighting. Councilmember Ortiz also asked about potential concerns with the proximity of the proposed Golden Park dog park to nearby residences. Director Chacon reported no resident complaints but acknowledged that dogs might react adversely to other dogs in close proximity, depending on temperament. Council Member Ortiz asked if June 2020 was the last time they had heard back from Edison. Director Chacon responded by stating that they had heard back from Edison in 2024 and that their initial response to the request for the new dog park was declined due to a policy limiting developments to passive features, such as walking trails, and prohibiting active projects like dog parks or community gardens. This policy applies to all their properties, allowing only pre-existing projects to continue.
Mayor Pro Tern Sosa asked what the square footage of the dog park at Rio San Gabriel was and Director Chacon responded by stating that Rio San Gabriel dog park is currently 15,000 square feet.
Mayor Pro Tern Sosa expressed a preference for using city -owned property for a new dog park to ensure full control over the site. Mayor Pro Tern Sosa also asked about the proximity to Pritchard Street, Director Chacon noted minimal concerns, explaining that many urban dog parks are near busy streets, citing examples from Whittier and Santa Fe Springs. Mayor Pro Tern Sosa asked how long the Rio San Gabriel park would be closed due to the renovations and improvements. Director Chacon explained that they City Council Minutes
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don't have the exact time frame but he estimates that it would be approximately three to five months, pending final cost estimates from engineers.
Council Member Pemberton expressed strong support for the proposed dog park at Golden Park, highlighting its benefits for South Downey residents with dogs and its potential to deter crime in the area.
Council Member Pemberton also supported the Crawford Park location, noting that it could help reduce transient activity in the area emphasizing that Crawford Park's quiet setting would minimize disruptions, though they acknowledged the challenges posed by Southern California Edison's restrictions on active - use developments.
Mayor Trujillo added that staff pursue a dog park at both Golden Park and Crawford.
Council Member Ortiz made a motion to move forward with building a dog park at Golden park and to move forward with the dog park at Crawford while also looking for a City owned vacant lot just in case the Crawford Dog Park doesn't work out, seconded by Council Member Pemberton. The motion was approved 4-0, with Council Member Frometa excused.
Mayor Trujillo recused himself and left at 8:43 p.m.
11.OPTIONS FOR REGULATING EATING ESTABLISHMENTS SERVING ALCOHOL AND
PROVIDING LIVE ENTERTAINMENT LOCATED WITHIN THE DOWNTOWN DOWNEY SPECIFIC PLAN AREA: Community Development.
DISCUSS OPTIONS TO REGULATE EATING ESTABLISHMENTS SERVING ALCOHOL AND
PROVIDING LIVE ENTERTAINMENT IN THE DOWNTOWN DOWNEY SPECIFIC PLAN AREA
AND PROVIDE DIRECTION TO STAFF ON WHICH OPTION(S) TO RESEARCH FURTHER
AND BRING BACK FOR CONSIDERATION
Director Huitron presented options for regulating eating establishments that serve alcohol and offer live entertainment within the Downtown Downey and Downey Landing Specific Plan areas. The Downtown Downey Specific Plan, covering 131 acres, was adopted in 2010, and the Downey Landing Specific Plan, covering 154 acres, was adopted in 2011. Both plans currently allow eating establishments with alcohol service "by right," meaning no Conditional Use Permit (CUP) or public hearing is required unless the business offers live entertainment. The City has increased patrol efforts and security presence in the Downtown Downey area, adding security officers and police foot patrols, especially on weekends.
The City has added two additional security officers during the late -night operating hours of businesses, with a total four security officers now patrolling the area on Thursdays from 4 p.m. to 2 a.m. and on Fridays Through Saturdays from 10 a.m. to 3 a.m. The City has also extended the route to include the southern boundary of the Downtown Downey Specific Plan which is Firestone Boulevard. The City is also considering the use of noise monitoring services and flock cameras as part of its efforts to manage activity and deter crime. The Downey Police Department has added additional foot patrols to the Downtown Downey area during the late -night hours and the additional monitoring and enforcement is taking place especially on Thursdays, Fridays, and Saturday evenings from about 9 30 p.m. to 2 30 a.m. Since January 2022, there have been 828 calls for service to 18 alcohol -serving establishments in the two areas-585 in Downtown Downey and 243 in Downey Landing. Director Huitron explained that a CUP allows for better oversight by requiring that it go to the Planning Commission with a public hearing, notifying nearby residents within a 500-foot radius of the subject location, and tailoring operational requirements to each site. Director Huitron added that the CUP goes through the Downey Municipal Code and provides the City the ability to monitor, enforce, and even revoke a permit. She proposed two main options for future regulation of new businesses: one option would be to require a conditional use permit for all ABC licenses when a business is intending to establish an eating establishment and then providing alcohol service, or continue with the current process where a CUP is not required. She noted that in both specific plans if a business is not providing food as part of their service then they are subject to a CUP since that type of business is considered a public premise (e.g. nightclub or a lounge). Regarding existing businesses, staff presented two options: require all current establishments to obtain a CUP within a City Council Minutes
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designated compliance period (e.g., two years), or classify them as legal non -conforming uses, allowing them to continue operating without a CUP unless they cease operation for over 180 days. Director Huitron stated that no changes were proposed to the existing CUP requirement for live entertainment, as staff believes the CUP process is appropriate for evaluating potential impacts. Another possible approach could involve implementing standard operational regulations —such as hours of operation, lighting, and noise mitigation —for alcohol -serving establishments with or without live entertainment. Director Huitron noted that several City departments have conducted unannounced inspections at various businesses to assess operations and provide guidance. If Council chooses to pursue amendments to the specific plans to require CUPs, the process is estimated to take approximately 12 months. During that time, the current zoning regulations would remain in effect.
Council Member Pemberton shared that the discussion arose from concerns among residents about the number of bars and alcohol establishments in the downtown Downey area, particularly after recent incidents. There have been increased police calls, and the City is currently staffing four officers for patrolling. Pemberton emphasized that the council needs to respond to the residents' concerns with a solution that could provide control over these businesses. Without a CUP, the City cannot properly regulate these establishments or monitor who is operating them. Council Member Pemberton added that a key benefit of a CUP is that it allows the Planning Commission to establish conditions to prevent negative impacts on adjacent properties and ensure the welfare of the community. Pemberton believes that action is needed and acknowledged that the $3,700 fee for the CUP process may seem high for businesses, but it offers the City and Planning Commission more control over future development.
Council Member Ortiz asked Director Huitron if there were any businesses in the Downey Downtown area that hadn't gone through the Planning Commission for a CUP. Director Huitron confirmed that several businesses in Downtown Downey serve alcohol without a CUP. She explained that approximately five businesses obtained a CUP before the adoption of the specific plan, four are permitted by right under the current plan and therefore did not require a CUP, and around twelve eating establishments serve alcohol without having a CUP. Council Member Ortiz clarified that the eating establishments in question do not offer live entertainment —such as TVs, DJs, or similar activities —and therefore do not have an entertainment or live entertainment CUP. Director Huitron responded that live entertainment CUPs cover activities like having a DJ, and any business offering live entertainment is required to obtain one. Some businesses, while not needing a CUP to operate under the specific plan, do have a separate CUP specifically for live entertainment. For businesses just looking to have TVs they are subject to an administrative permit called a policing permit and does not require a hearing or planning commission review. She added that typically most businesses that come in with live entertainment need both permits, the administrative police permit, and the CUP before the Planning Commission. Council Member Ortiz followed up by asking for clarification as to whether the data provided —particularly police calls for service —specifically pertains to Downey Avenue, where most restaurants and bars are located, or if it includes other areas within Downtown Downey. A similar clarification was requested for Downey Landing, asking whether the calls for service are limited to restaurants and bars or also include other establishments such as retail stores. Director Huitron clarified that the data presented focused on a sample of 18 eating establishments-15 in Downtown Downey and 3 at Downey Landing —that serve alcohol and offer live entertainment. The data is not comprehensive of all such businesses. she noted they are continuing their research to better understand how to regulate these business types. Preliminary findings show that not all alcohol -serving establishments without a CUP generate police calls for service; rather, calls are more commonly linked to those offering live entertainment.
Mayor Pro Tern Sosa acknowledged that businesses serving alcohol without a CUP have not generated many police calls, suggesting the issue may not be widespread. He noted that CUP fees can be burdensome for some businesses. He referred to a past incident at Mambo Grill and the improvements since then, including increased foot patrols, discussions on Flock security cameras, and upgrades to the parking structure. Council Member Sosa expressed a desire to see them thrive and made a motion to table the item for possible reconsideration in the future.
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Council Member Ortiz agreed with Council Member Sosa, expressing support for first observing how recent improvements —such as foot patrols, security measures, and parking structure upgrades — impact the area. He acknowledged that CUP fees can be burdensome for small business owners and suggested tabling the item for now, with the option to revisit it if future issues arise.
Council Member Pemberton supported tabling the item, noting that while current security measures may help address issues, future businesses should be required to obtain CUPs to ensure consistency and allow for better regulation. He emphasized that problems are often caused by patrons, not business owners, and that entertainment -related uses tend to contribute to late -night disturbances.
Mayor Pro Tern Sosa made a motion to table the item seconded by Council Member Ortiz. The motion was approved 3-0, with Mayor Trujillo and Council Member Frometa excused.
Director Huitron responded by stating that yes, some
12. OPTIONS FOR REGULATION OF THE RETAIL SALE OF TOBACCO AND TOBACCO PRODUCTS: Community Development.
DISCUSS OPTIONS TO REGULATE THE RETAIL SALE OF TOBACCO AND TOBACCO
PRODUCTS IN THE CITY AND PROVIDE DIRECTION TO STAFF ON WHICH OPTION(S) TO
RESEARCH FURTHER AND BRING BACK FOR CONSIDERATION
Director Huitron presented Item No. 12 regarding options for regulating the retail sale of tobacco and tobacco products in the City. She began by providing context, noting that at the City Council meeting on January 9th, Council requested staff to return with information identifying the number of retailers primarily selling tobacco products both citywide and by council district, along with potential regulatory options. She clarified that currently, the City does not have a formal definition of a "tobacco retailer" nor any regulations beyond general zoning that govern the sale of tobacco products. There are also no licensing or taxation requirements specific to tobacco retailers under current City regulations. Director Huitron explained that while the City does not collect tobacco -specific taxes, the California Business and Professions Code grants cities the authority to enact local licensing ordinances, such as a tobacco retailer license. At the federal level, the Tobacco Control Act prohibits the sale of flavored cigarettes, and recent California legislation, SB-793, expands that prohibition to nearly all flavored tobacco products. She added that SB-935 further strengthens enforcement mechanisms and broadens the definition of a retail location to include any place where in -person tobacco sales occur, such as vending machines, vehicles, booths, or stands. As of January, the sale of flavored tobacco products —including flavored e-cigarettes, pods, menthol cigarettes, flavored cigars, smokeless tobacco, blunt wraps, rolling papers, and flavor enhancers —is also prohibited. Director Huitron reported that staff identified approximately 16 businesses that primarily sell tobacco and tobacco -related products. These include five located in Council District 1, four each in Districts 2 and 3, and three in District 4. Director Huitron outlined seven regulatory options for the City Council to consider. Option one would involve creating a tobacco retailer license ordinance, requiring all businesses primarily selling tobacco products to obtain a city -retailer permit. If this option were selected, City staff would research and draft the language that would establish conditions for operation, application procedures, fees, denial criteria, appeal rights, and enforcement mechanisms. This type of ordinance would require a City Council approval at a future City Council meeting. Option two would require that staff prepares an ordinance specifying the requirements for regulating tobacco retailers, creating "buffer zones" to prohibit new tobacco retailers from operating within a specified distance of sensitive uses like schools, daycares, or even other tobacco retailers. If option two were selected, City staff will prepare an ordinance specifying the requirements for regulating tobacco retailers citywide establishing buffer zones and separation requirements. This option would require a review and recommendation by the Planning Commission and that recommendation by the Planning Commission would then be forwarded to the City Council for further consideration and review as an ordinance. Option three proposed establishing a cap on the number of tobacco retailers allowed in the City or per council district. This would involve creating a method to determine the appropriate maximum number of such City Council Minutes
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businesses and would also require Planning Commission review and Council approval. Option four would require new tobacco retailers to obtain a Conditional Use Permit (CUP), allowing the City to evaluate each application on a case -by -case basis and impose operational conditions to address potential impacts. If this option was chosen by Council, staff would prepare the ordinance specifying the requirements and would also require a review and recommendation by the Planning Commission before going to Council for approval. Option five would establish operational and performance standards for tobacco retailers, such as restrictions on visibility from public spaces, hours of operation, and limitations on combining tobacco retailers with other uses such as entertainment or the sale of alcohol. Option six would involve amending zoning regulations to limit where tobacco retailers can operate. Currently, tobacco retailers fall under general retail and are permitted in C1 and C2 zones. Under this option, City staff would research zoning districts and options for limiting the use in one or more zones. If option 6 is selected, staff would research and prepare its findings for review by the Planning Commission and the Planning Commission would review and provide a recommendation to the City Council in the form of an ordinance for review and further consideration. Option seven would make no changes, allowing tobacco retailers to continue operating under existing general retail regulations without any additional oversight.
Director Huitron added that the estimated timeline for implementing options one through six would be between three to six months, depending on the level of research conducted.
Council Member Ortiz stated that he brought the item forward for consideration with the purpose of protecting youth, specifically to ensure they are not getting addicted to tobacco or flavored vapes. He mentioned his understanding that some of the businesses are selling unregulated products and expressed his belief that there are enough tobacco stores in the community, noting that there are 16 in total, 5 of which are in his district. He expressed concern about the proximity of these stores to schools and emphasized that his decision to bring the matter forward was to protect youth and prevent them from getting involved with other types of potential drugs. He noted that some stores sell weed wraps and other products and believes there is potential for other drugs and fentanyl. Council Member Ortiz moved to support Option 3, which is to establish a maximum number of establishments.
Mayor Pro Tern Hector Sosa raised concerns about the proximity of tobacco retailers to each other and to schools. He asked whether any tobacco retailers in the City were located within 1,000 feet of each other and whether they were close to schools. Director Irma Huitron responded that while there was a strong possibility that some retailers were within this 1,000-foot range, a detailed mapping study was still needed to confirm exact distances. She noted that preliminary research showed that some tobacco retailers were as close as 350 feet from schools, while others were up to 3,400 feet away. Mayor Pro Tern Sosa also inquired about enforcement actions against retailers selling tobacco to minors. Police Chief Loughner responded by stating that the police department has a state grant to use for minor decoy operations and to monitor illicit sales. However, at this time, there were no specific recent violations to report. Mayor Tern Sosa concluded that there was already too much regulation on this industry and that the City is already enough to regulate the issue.
Council Member Dorothy Pemberton sought clarification on whether the proposed tobacco retailer licensing regulation would apply solely to standalone tobacco shops or if it would also affect gas stations and liquor stores that sell tobacco products. Director Huitron clarified that the proposed regulation would only apply to standalone tobacco retailers, meaning that gas stations, liquor stores, and pharmacies selling tobacco would not be subject to additional licensing requirements. Council Member Pemberton also questioned whether standalone tobacco shops experienced higher crime rates compared to other retail businesses. Chief Loughner responded that while there was no immediate crime data available specific to tobacco retailers, law enforcement does conduct routine compliance checks to ensure retailers follow state and local laws. Council Member Pemberton also questioned whether additional local regulations were necessary given that state laws already restrict flavored tobacco sales and enhance enforcement measures through SB-793 and SB-935 but did feel that a buffer zone around a school would be beneficial. Director Huitron confirmed that the state had already imposed significant restrictions on tobacco sales, particularly flavored products, and that state authorities were actively enforcing these laws.
However, she explained that local regulations could provide additional oversight, such as requiring licensing for tobacco retailers, implementing zoning restrictions, and setting operational standards that City Council Minutes
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the state does not currently mandate. Council Member Pemberton also inquired about the timeline for implementing new restrictions if the Council decided to move forward. Director Huitron estimated that the process could take between three to six months, depending on the scope of the regulations. Any proposed changes would require review by the Planning Commission, a public hearing, and final approval from the City Council before implementation.
Council Member Ortiz asked Council if they were in favor of a buffer zone around schools and reiterate that his intention for requesting this item was to help the youth and that some of these establishments might sell unregulated products that are affecting the children. Council Member Pemberton responded by agreeing with Council Member Ortiz and added that in the future staff could also look into buffer zones for bars arounds schools.
Mayor Trujillo asked for clarification on whether adopting the buffer zone recommendation would apply only to future tobacco shops, stating that the 16 existing ones would presumably be grandfathered in. Director Huitron responded that this would be part of staff's research and recommendation, depending on the direction provided by Council. She explained that existing tobacco retailers could be considered legal non -conforming uses, meaning they would not be required to relocate or comply with new ordinances, even if located near a school. She added that staff could draft language to that effect and bring it back to Council if Option 2 were selected. City Manager Bradley added that, as a general practice, existing businesses are typically grandfathered in. If such a business were to close or go away for some reason, it would lose that status, but while in operation, it would still be permitted. Mayor Pro Tem Sosa then asked if there would be any legal exposure or concerns if a retail space were restricted from leasing to a tobacco shop. City Attorney Funk responded that buffer zones are commonly implemented and that it is legally feasible.
Council Member Ortiz made a modified motion to move forward with a 1,000-foot buffer zone around schools, daycares, and parks, seconded by Mayor Trujillo. The motion was approved 4-0, with Council Member Frometa excused.
13. UPDATE REGARDING CODE ENFORCEMENT EFFORTS AND APPROVAL OF A
PROFESSIONAL SERVICES AGREEMENT FOR AUGMENTED CODE ENFORCEMENT CONTRACT STAFF SERVICES WITH WILLDAN ENGINEERING, INC.: Community Development. 1) APPROVE A PROFESSIONAL SERVICE AGREEMENT, WITH WILLDAN ENGINEERING, INC. FOR TWO FULL-TIME, CONTRACT CODE ENFORCEMENT OFFICERS BEGINNING ON MARCH 27, 2024 WITH A CONTRACT TOTALING $150,000;
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEES, TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENTS AND AMENDMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED; AND
3) APPROVE AN APPROPRIATION INCREASE IN THE GENERAL FUND, COMMUNITY
DEVELOPMENT DEPARTMENT TO FUND FOR THE PURCHASE OF FIELD MOBILE
CITATION DEVICES AND THE DEVELOPMENT OF A PUBLIC FACING GIS MAP FOR REPORTED CODE ENFORCEMENT CASES IN THE AMOUNT OF $40,000 Item #13 was pulled by staff from the consideration of the agenda and will and staff will return with the item at a future council meeting
ADJOURNMENT
Mayor Trujillo adjourned the Regular City Council Meeting — Open Session at 9:30 p.m. in memory of Officer Cody Allen of the Missouri Independence Police Department, who was fatally shot while responding to the shooting of Civil Process Server Drexel Mack; Trooper Christopher M. Gadd of the City Council Minutes
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Washington State Patrol, who was struck and killed by vehicle while conducting DUI enforcement patrols; and, Kathy Orndorff, longtime Downey resident and volunteer. �ANWALICIA DUART , C
City Clerk
HECTOR SOSA
Mayor
City Council Minutes
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