MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 23, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Closed Session on April 23, 2024, at 5:30 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Mario 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
M. Alicia Duarte, CMC, City Clerk
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
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, Mayor Trujillo closed public comment.
RECESSED TO CLOSED SESSION
Mayor Trujillo announced the City Council is recessing to Closed Session at 5:33 p.m. to discuss matters under the authority of the following sections of the Government Code:
Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation:
Susan Nalicat v. City of Downey et al. — Los Angeles Superior Court Case No. 20STCV43275.
2. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation:
Francisco Fierro v. City of Downey et al. — Los Angeles Superior Court Case No. 21STCV02487.
3. Conference with Legal Counsel —Anticipated Litigation — Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (1 potential case).
RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Trujillo reconvened the Regular City Council Meeting — Closed Session at 6:42 p.m.
City Attorney Funk reported the Closed Session report as follows: In regards to Item No. 1, No. 2, and No. 3, no reportable action was taken.
City Council Minutes
Regular Meeting — April 23, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on April 23, 2024, at 6:42 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Mario 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
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, CIVIC, City Clerk
The Invocation was delivered by Deacon Paul Nwoko, Church of Christ Downey. The Pledge of Allegiance was led by Girls Scout Troop Nos. 275 and 1745.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Ortiz welcomed the audience to the meeting and reported that he participated in a tour of City Hall to third -grade students from Alameda Elementary School. He reported participation in approximately 30 scholarship interviews at Downey and Warren High Schools. He attended the League of California Cities Conference in Sacramento where he had the opportunity to speak with Senator Bob Archuleta and Assemblywoman Blanca Pacheco about issues affecting Downey. He also attended the Alameda School of Excellence celebration. Council Member Ortiz requested staff initiate a sidewalk installation program through the City's strategic plan to address areas where sidewalks are needed, noting concerns for children walking in the street. He requested staff evaluate the possibility of adding a left -turn signal at Foster Rd. and Columbia Way. He asked staff to look into installing a signal light at Foster Rd. and Aldrich Ave.
Council Member Frometa welcomed the audience to the meeting and reported attending several events since the last meeting, including an Eagle Scout Ceremony where four youth from Downey received their Eagle Scout Award. She described it as a proud moment for both the families and the community, emphasizing the importance of mentoring youth and supporting their civic engagement.
Council Member Frometa attending the League of California Cities Conference in Sacramento, where she served as Chair of the Public Safety Legislative Committee. She moderated a panel on retail theft and discussed proposed legislation with state lawmakers, advocating for tougher penalties. She shared that she met with Senator Archuleta and Assemblywoman Pacheco to discuss issues important to the City of Downey.
Mayor Pro Tern Sosa welcomed the audience to the meeting and shared that he participated in a meeting of the Downtown Subcommittee where they discussed ways to improve cleanliness, public safety, and attract more visitors to the Downtown Downey area. He attended a Los Angeles County City Council Minutes
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Sanitation District meeting.. Mayor Pro Tem Sosa reported attending an Eagle Scout ceremony where four young men from Downey received their Eagle Scout rank and described them as an impressive group. He requested staff conduct a traffic and safety survey at the intersection of Lakewood and Firestone Blvds. and to obtain a copy of the most recent audit of LAHSA's homeless outreach efforts, recently requested by the L.A. County Board of Supervisors.
Council Member Pemberton reported attending a Vector Control meeting, noting increased mosquito activity across several cities and shared Downey has conducted 300 inspections this year compared to 456 last year. She attended the Theatre Subcommittee meeting where they met with Theatre Management and Parks and Recreation Director Jason Chacon to review ticket sales and discuss artists for the 2024-25 season. She encouraged the public to suggest performers, noting that the City books six to seven shows annually, with most others booked independently. She attended the ribbon -cutting ceremony for Kaiser Permanente's new $78 million oncology and radiation facility in Bellflower and highlighted that Kaiser is one of Downey's largest employers, with over 6,000 members and 900 employees. Council Member Pemberton thanked Public Works and the Police Department for placing speed detection trailers on Old River School Rd. in response to resident concerns. She thanked the Downey Police Department for stopping a distracted driver she witnessed texting while stopped at a green light, and commended the Department for their visibility and proactive work. She shared that more than 300 fruit trees were distributed during Arbor Day and thanked Public Works and staff for organizing the event. She reminded residents they can request a tree be planted in their parkway through the City's website. She thanked City Manager Bradley and City staff for their responsiveness to her and residents' questions. She noted the upcoming Rancho Los Amigos Rehabilitation Gala where Beverly and Sam Mathis will be honored for their service, and thanked Kathy Perez and the Carpenters' group for their contributions to the community. Council Member Pemberton announced upcoming events including International Holocaust Remembrance Day and the traveling Vietnam War Memorial in Pico Rivera over Memorial Day weekend. She highlighted the "Every 15 Minutes" program, a collaboration between Downey Unified and the California Highway Patrol to educate students on the dangers of impaired driving.
The program will include a crash simulation on April 30 and a funeral assembly the following day.
Mayor Trujillo reported attending the City Leaders Summit in Sacramento and stated that the key takeaway was that the State is facing a budget deficit. Unlike in past years, cities were advised not to expect any financial assistance. As a result, the City focused its advocacy on service -related issues, particularly Caltrans. He expressed concern over the condition of the 710 Freeway near Florence Ave. and Firestone Blvd. He shared that he had contacted Assemblywoman Pacheco's office regarding the issue and recognized Ari Ruiz, Assembly Member Pacheco's new District Director, welcoming him to Downey and urging Caltrans to proactively maintain freeway cleanliness. He emphasized the importance of clean City entry points in shaping public perception of Downey. Mayor Trujillo thanked the Downey Coordinating Council for their work in supporting local nonprofits and maintaining a citywide master calendar. He also attended the outgoing Mayor ceremony in the City of Bell, hosted a tour of the Civic Center and Downey Theater for students from Alameda Elementary, and welcomed attendees to a Southern California Gas Company conference in Downey. He congratulated Officer Jason Estrada for being named Police Officer of the Year and Firefighter Jake Jerzykowski for being honored by the Police and Fire Foundation. Mayor Trujillo then raised concerns about existing traffic issues at the intersection of Suva St. and Guatemala Ave., regardless of any future development proposals. He stressed the need to address the congestion during peak hours and requested that staff analyze options, such as adding a yield sign or traffic control personnel. He asked that the matter be added to the agenda as soon as possible. The request was seconded by Council Member Pemberton. He also requested an update on the status of the Community Service Officer (CSO) Program within the Police Department. He referenced staffing reductions during the 2008 recession and expressed concern that current staffing levels have not kept pace with the City's growth and increasing demands. He suggested that CSOs could assist with lower -priority calls, such as break-ins, allowing sworn officers to focus on more urgent duties. He requested that the item return to Council for further discussion. The request was seconded by Mayor Pro Tern Sosa.
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CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley responded to Mayor Trujillo's earlier comments regarding the CSOs, stating that a budget presentation is scheduled in approximately six weeks, during which staffing levels in the Police Department can be discussed. He confirmed that staff is actively reviewing the traffic concerns at Suva St. and Guatemala Ave. and noted that while some adjustments have already been made in the area, staff expects to bring back further recommendations in the coming weeks. He acknowledged the request for a copy of the LAHSA audit and stated he would follow up on that. He requested a second for a traffic survey at Lakewood and Firestone Blvds. The request was seconded by Council Member Frometa. He requested a second regarding the evaluation of left -turn signals at Foster Rd. and Ardis Ave. The request was seconded by Council Member Frometa. He requested a second on a sidewalk installation program in the City's strategic plan. Seconded by Council Member Pemberton.
PRESENTATIONS
1. Mayor's Excellence Award to Alameda Elementary PTA for being recognized as a School of Excellence for 2022-2024 by the National PTA.
2. Mayor's Excellence Award to Gallatin Elementary PTA for being recognized as a School of Excellence 2022-2024 by the National PTA.
3. Certificates of Recognition to event organizers for the Carpenters 551h Recording Anniversary event.
4. Proclamation in honor of the Carpenters 55th Recording Anniversary.
PUBLIC HEARINGS: None.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS Council Member Frometa left the dais at 7:22 p.m.
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 three written comments were received.
Teresa Donahue, commented in regards to a neutral flag policy.
Glenbrook Downey HOA, resident, commented regarding traffic congestion and blocking of driveways on Serapis Ave. in the area near Unsworth Elementary.
Michelle Farina, resident, commented in support of a ceasefire resolution.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried 4- 0, with Council Member Frometa excused, to receive and file written public comment.
Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items..
Council Member Frometa returned to the dais at 7:29 p.m.
Randon Lane, Vice President of Government Affairs for Athens Services, commented regarding the implementation of SB 1383.
Juan Martinez, resident, commented in support of a ceasefire resolution.
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Ernesto Valle, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Renata, resident, commented in regards to the homelessness issues in the area around her business.
Selma Dewake, resident, commented in support of a ceasefire resolution.
Marina, resident, commented in regards to a neutral flag policy.
John Lacey, resident, commented in regards to the City's sign policy in the Council Chamber during Council Meetings and commented in regards to the State of California's bullet train.
Speaker No. 8, resident, commented in regards to a neutral flag policy.
Joaquin Beltran, resident, commented in support of a ceasefire resolution.
Carlos, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Rodolfo Cortes Barragan, non-resident, commented in support of a ceasefire resolution.
Speaker No. 12, no name provided, commented in support of a ceasefire resolution.
It was moved by Council Member Frometa, seconded by Council Member Pemberton, to close public comment.
CONSENT CALENDAR
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried 5-0, to approve the Consent Calendar.
1. WARRANTS ISSUED: Warrant Nos. 377051 — 377467; Payroll Wire Nos. 30004449, 30004451 & 30004453 — 30004454; EFT Nos. 13435 — 13474; and, Manual Wire Nos. 2502 — 2506, in the total amount of $3,689,156.50: Finance.
2. PLANS, SPECIFICATIONS, AND SOLICITATION FOR CONSTRUCTION BIDS FOR THE WOODRUFF AVENUE (PHASE 1) PAVEMENT REHABILITATION PROJECT, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 14-14A: Public Works.
APPROVED PLANS AND SPECIFICATIONS, AND AUTHORIZED SOLICITATION, FOR
CONSTRUCTION BIDS FOR WOODRUFF AVENUE PAVEMENT REHABILITATION PROJECT, CIP NO. 14-14A
3. APPROVED SPECIFICATIONS AND AUTHORIZED TO SOLICIT FOR BIDS FOR WELL NO. 9 REHABILITATION, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-30, AND FOUND THE
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301(d): Public Works.
1) APPROVED SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS FOR WELL NO. 9 REHABILITATION, CIP NO. 23-30; AND,
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2) FOUND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
REQUIREMENTS CONTAINED IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER EXISTING FACILITIES, SECTION 15301(d)
4. INTRODUCED AN ORDINANCE APPROVING THE RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES: Public Works. 1) INTRODUCED AN ORDINANCE APPROVING THE RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES; AND, 2) AUTHORIZED THE MAYOR TO EXECUTE THE GENERAL SERVICES AGREEMENT
WITH THE COUNTY OF LOS ANGELES
5. RATIFIED THE DONATION OF A VOUCHER FOR A FOURSOME TO PLAY GOLF AT THE RIO
HONDO GOLF COURSE TO THE SOROPTIMIST INTERNATIONAL OF DOWNEY FOR THEIR DENIM AND DIAMONDS FUNDRAISER: Council Member Pemberton.
RATIFIED THE EXPENDITURE RELATED TO THE DONATION OF A FOURSOME OF GOLF
AT THE RIO HONDO GOLF COURSE TO THE SOROPTIMIST INTERNATIONAL OF DOWNEY
FOR THEIR DENIM AND DIAMONDS FUNDRAISER, WHICH WAS HELD ON FRIDAY, APRIL 12, 2024
ADMINISTRATIVE REPORTS
6. DISCUSSED THE REGULATION OF POLITICAL SIGNS: City Attorney.
DISCUSSED THE SUBJECT OF IMPOSING TIME RESTRICTIONS FOR THE DISPLAY OF
POLITICAL SIGNS DURING PRE -ELECTION PERIODS AND PROVIDED ANY DESIRED
DIRECTION TO CITY STAFF FOR FURTHER ACTION
City Attorney Funk provided the staff report for Item No. 6, and provided an update on the regulation of political signs, as requested by Council Member Pemberton. He explained that the City of Downey, like many other cities, has a comprehensive sign code that prohibits the display of outdoor signs without a permit, although political signs are exempt from this requirement. The applicable guidelines for political signs are found in Section 9612 of the Downey Municipal Code. He referenced the 2015 United States Supreme Court decision in Reed v. Town of Gilbert, which held that all municipal sign regulations must comply with the First Amendment. The Court ruled that content -based regulations are subject to strict scrutiny, meaning they must be narrowly tailored to serve a compelling government interest. City Attorney Funk explained the difference between content -based and content -neutral regulations. Content - based regulations apply depending on the message or subject matter of the sign, while content -neutral regulations apply uniformly regardless of content and are easier to justify legally. He addressed the Council's inquiry about whether pre -election time limits, such as restricting political sign displays to 60 or 90 days before an election, would be permissible.. He stated that such restrictions would be considered content -based because they apply only to political signs. As a result, they would be subject to strict scrutiny and likely difficult to defend in court. He noted that justifications such as visual clutter or motorist distraction must be supported by strong and specific evidence to withstand constitutional review, particularly during election periods when First Amendment protections are at their strongest. City Attorney Funk emphasized that cities can still regulate signs using content -neutral rules. For example, regulations could apply to all non-commercial temporary signs regarding size, location, number, and duration. He also noted that political signs often remove themselves naturally after elections, making them somewhat self-limiting. He stated that sign regulations are considered land use matters and any new or amended sign regulation must first be reviewed by the Planning Commission before coming to the City Council. He added that the purpose of the presentation was to inform the Council about the legal framework for considering pre -election time limits on political signs and to receive any direction they may have for further action.
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Council Member Frometa thanked City Attorney Funk and referred to the analysis section of the report, highlighting a federal case that invalidated a California municipal ordinance limiting political sign posting to 60 days prior to an election. City Attorney Funk confirmed that such a case exists and he stated that although the case is several decades old, it remains consistent with current judicial principles, including those reaffirmed by the 2015 U.S. Supreme Court decision in Reed v. Town of Gilbert. Council Member Frometa said it was important for staff to thoroughly examine what could be done to manage political sign timelines. She acknowledged that the City already has a regulation requiring political signs to be removed within ten days after an election and suggested that the City's Code Enforcement team could do a better job ensuring compliance. She emphasized the need to keep the City clean and free of leftover signage. She concluded that, based on the legal information provided, it would not be defensible for the City to impose a 60-day pre -election limit. City Attorney Funk responded by stating that although the legal standard is difficult to meet, the concerns raised regarding visual clutter, traffic safety, and the City's overall aesthetics are legitimate. He explained that such concerns are more likely to hold up under judicial review after an election, rather than before, because First Amendment protections are not as strong post -election. He noted that the City's existing guidelines already incorporate a post -election durational limit. He added that if the Council wished to revisit the matter in the future, it would be important to build a factual record and develop findings that document the specific issues, in case the regulation was legally challenged. He emphasized that these concerns are real and valid, and with supporting evidence, the City could be in a stronger position to defend its actions.
Council Member Pemberton explained that she brought the item forward due to concerns about the number and early placement of campaign signs. She noted that the campaign activity began as early as August, which many assumed would not start until September. She referred to the county elections handbook that indicated a 90-day timeframe for political signs and said that seemed like a more reasonable duration. She expressed concern about motorist distraction, visual clutter, and excessive signage, especially with a national election approaching in November. Her intent was to initiate a discussion about setting a more reasonable display period based on the 90-day guideline noted in the county handbook. City Attorney Funk provided clarification regarding the 90-day regulation. He explained that it originates from state law and is implemented by Caltrans. He stated that the restriction applies specifically to highways governed by Caltrans and areas within 660 feet of those highways. He clarified that this regulation is not part of the City's Municipal Code but is enforced by the State. He noted that the City Clerk includes this regulation in the candidate packet as a courtesy to ensure compliance. He acknowledged City Clerk Duarte for her instrumental role in developing the report and stated that he works closely with her on election -related matters.
Mayor Trujillo asked City Attorney Funk to clarify whether the City of Downey currently has any time restrictions for the display of political signs before an election. City Attorney Funk responded that the City does not have a pre -election time restriction. Mayor Trujillo then referenced the commonly cited 90-day rule and asked if that was a County policy, City Attorney Funk clarified that the 90-day restriction is a State regulation implemented by Caltrans, applying only to highways under Caltrans jurisdiction and areas within 660 feet of those highways. He explained that the regulation is part of the state Outdoor Advertising Act and is not part of Downey's Municipal Code, though the City Clerk provides this information to candidates as a courtesy. Mayor Trujillo posed a hypothetical in which the candidate filing deadline is August 9, 2024, and asked whether a Downey resident intending to file could begin posting political signs in July. City Attorney Funk confirmed that under current City rules, they could. Mayor Trujillo added that while there are no formal restrictions, political signs often appear naturally during campaign season and tend to be self-limiting in practice. City Attorney Funk acknowledged that is the conventional understanding. Mayor Trujillo asked whether imposing a pre -election restriction could expose the City to potential First Amendment litigation. City Attorney Funk responded that it is possible. Mayor Trujillo then asked for confirmation that the City does have a post -election restriction requiring political signs to be removed within ten days after an election. City Attorney Funk confirmed that is correct. City Attorney Funk also expanded on an existing regulation that applies to all signs, stating that signs are prohibited on public property or in the public right-of-way. The City is authorized by the Municipal Code to remove such signs with or without notice, though notice is typically provided as a courtesy. He explained that this is an City Council Minutes
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example of a content -neutral regulation that is both applicable and enforceable. Mayor Trujillo thanked him for the clarification.
After Council discussion, no action was taken on this item.
Council Member Pemberton recused herself from Item No. 7, due to serving as a Board Member for the Downey YMCA and left the meeting at 8:22 p.m.
7. DISCUSSION REGARDING FUNDING OF THE NEW DOWNEY YMCA FACILITY, INCLUDING ANY ADDITIONAL CITY PROVIDED ASSISTANCE: Administration.
DISCUSSED FUNDING, INCLUDING ANY POTENTIAL CITY ASSISTANCE, OF THE NEW YMCA FACILITY AT 11531 DOWNEY AVENUE
City Manager Bradley stated that the item was brought forward at the request of Mayor Trujillo during the last Council meeting to agendize a discussion on potential funding and assistance from the City for the Downey YMCA project. He explained that the purpose of the discussion was to obtain direction from the Council to determine whether staff should move forward with exploring support for the project. He noted that a budget discussion is scheduled in a month and requested direction from the Council on whether to pursue options for providing assistance.
Mayor Trujillo stated that he requested the item be brought back to the Council for consideration after reading that Congressman Garcia's originally proposed allocation of $3.8 million to the YMCA had been significantly reduced to $850,000. He noted that he confirmed this information directly with the Congressman and had since learned that even the reduced allocation may now be in jeopardy. He shared his understanding that the YMCA is facing certain deadlines to qualify for tax credits. Given these concerns and discussions with the YMCA Board, he felt it was important to revisit the item and allow the Council to consider whether to provide any assistance. He invited Mr. Steve Roberson from the YMCA to come forward and provide an update on the status of their funding campaign.
Mr. Roberson provided a brief update, thanking the Council for their support and assistance with planning. He stated that the YMCA's fundraising goal remains $20 million and that they had previously raised or pledged $14.5 million. He explained that although Congressman Garcia had pledged $3 million, the amount was reduced to $850,000 during federal oversight, bringing their total down to approximately $12.5 million. He noted that they need to reach $16 million by July to qualify for a $2.5 million tax credit.
The YMCA Board and volunteers are actively working in the community, reaching out to past donors and local businesses, with hopes of raising an additional $1 million. However, even with that amount, they would still fall short of the $16 million target required to secure the tax credit.
Mayor Trujillo asked Mr. Roberson to confirm that with anticipated community support, the YMCA might reach $13.5 million, but would still be $2.5 million short of the $16 million goal needed by July. He asked what would happen if the YMCA did not meet that goal in terms of the tax credits. Mr. Roberson responded that the tax credit would likely roll over into the following year, as the YMCA must meet specific financial benchmarks to qualify. He emphasized the urgency of raising funds quickly to begin construction on the new facility, which is currently sitting vacant and not benefiting anyone. He reflected on his personal ties to the City, sharing that his family moved to Bell Gardens in 1957 and always aspired to move to Downey. He noted that the school district, Police Department, Fire Department, and YMCA are key reasons why families choose to live in Downey. He highlighted a recent survey showing that 50 percent of sixth graders in the school district cannot swim and emphasized that without an open YMCA, those children cannot be taught. Mr. Roberson expressed hope that the City would consider making a financial pledge to support the YMCA project, suggesting the pledge could be spread over three years.
Selena Santiago, representing the YMCA, thanked the Council and explained that one reason the organization is working urgently to meet this year's tax credit deadline is due to a highly competitive City Council Minutes
Regular Meeting — April 23, 2024 8
funding cycle. She stated that applying this year increases the likelihood of securing tax credits for the Downey project, as the YMCA currently has a competitive advantage with its consultants and team actively preparing the application. She emphasized that while the YMCA could apply in future years, their chances are better this year, which contributes to the urgency of completing fundraising. Ms. Santiago added that the YMCA is pursuing funding from a variety of sources, including the State, County, foundations, corporations, and community partners. While recognizing the State's current budget deficit, she stressed that the organization is casting a wide net and is grateful for the opportunity to have this conversation with the City to help meet fundraising deadlines.
Mr. Roberson added that when Congressman Garcia initially pledged $3 million, he had stated on two separate occasions that if the amount was reduced, he would reapply to help the YMCA reach the full amount. However, Mr. Roberson shared that he received an email from the Congressman's staff indicating the project may no longer qualify for additional Federal funds due to changes in Washington, leaving future funding uncertain.
Mr. Roberson highlighted the planned addition of a warm water pool, which would be more accessible for seniors and young children, allowing for activities like swimming lessons and therapeutic use. He also noted that the YMCA continues to provide services in Downey, including before -school and after -school care, and is working with the school district to offer summer programming at the high school.
He stated that the absence of a functioning YMCA facility is hurting the community and underscored the need for support.
Council Member Ortiz asked Mr. Roberson to confirm that the YMCA is currently $2 million short of its fundraising goal and inquired whether the request to the City was for a full $2 million contribution or a lesser amount. Mr. Roberson responded that while they would gladly accept $2 million, even a $1 million contribution from the City, paid over three years, would help tremendously in getting closer to the $16 million needed. He confirmed that a $2 million contribution would more than help them reach their goal. Council Member Ortiz then asked how the YMCA planned to secure the remaining funds if they received only $1 million from the City. Mr. Roberson replied that Mayor Trujillo had asked him a similar question previously and acknowledged that while they do not yet know exactly how or when they will close the gap, the YMCA remains committed to completing the project as soon as possible. He shared that their largest donor, Ron Kohler, a YMCA Board Member and longtime Downey resident, was instrumental in starting the campaign and continues to support it.
Mayor Pro Tern 8osa asked for clarification on the fundraising gap, noting that the shortfall appeared to be $3.5 million, between the current $12.5 million raised and the $16 million goal. He then asked how confident the YMCA was in raising the remaining amount from organizations and other sources. Mr. Roberson confirmed the gap was $3.5 million and stated they are hopeful based on past donor support. He explained that they run annual fundraising campaigns to subsidize costs for children who cannot afford YMCA programs and he noted that two community fundraising groups are currently active. He said they are aiming to raise $1 million from those efforts and are also pursuing other sources and pledges. Ms. Santiago added that the YMCA has a comprehensive and aggressive fundraising plan that explores every available funding avenue. She expressed confidence in reaching the goal and emphasized that the question is not whether they will reach it, but how quickly they can raise the funds in order to open the YMCA as soon as possible. She stated that the project is a priority for the entire YMCA of Los Angeles Association and that they are actively seeking support from both local and regional funders, as well as Statewide opportunities, to bring resources to Downey and provide services to the community.
Mayor Pro Tem Sosa stated that the YMCA is an important presence in the community and provides many services for families. He noted that the Council would likely not be able to decide on a monetary contribution that evening due to several factors still needing to be considered. However, he expressed interest in exploring what opportunities or possibilities may exist for supporting the project.
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Council Member Frometa thanked staff and the YMCA team for bringing the item forward. She expressed that the YMCA is an important part of the community and something everyone wants to see rebuilt. She reminded the public that at the November 14 meeting, the City Council approved a waiver of approximately $296,000 in City fees to help the YMCA move forward with development. She stated that she feels torn and does not believe the Council can commit to a specific dollar amount at this time. While acknowledging the value of the YMCA, she emphasized the importance of considering other priorities such as public safety and the hiring of additional police officers. She noted that Mr. Roberson's suggestion of a multi -year pledge may be a possibility but would still need to be evaluated through the upcoming budget process. Council Member Frometa referenced the State's shift from a surplus to a deficit and urged the Council to be thoughtful and fiscally responsible in their decision -making. She noted that in addition to the YMCA, the City has other significant projects, including the expansion of the Columbia Memorial Space Center, and a limited amount of funds to work with. She agreed with Mayor Pro Tern Sosa that committing to a figure at this time would be premature. She emphasized the need to assess what the City can responsibly contribute and to ensure that any commitment reflects the priorities of Downey residents. She expressed concern about diverting funds from other essential services and warned against relying on reserve funds, which could put the City at financial risk in the future.
Mayor Pro Tern Sosa shared that he and his brother, who was present in the audience, both participated in the YMCA growing up and that it was an important part of their lives. He stated for the record that he considers the YMCA vital to the community, especially for seniors and youth. He noted that assisting youth and expanding access to facilities was part of his campaign platform. He acknowledged that the Council is not in a position to commit to a specific dollar amount at this time and expressed that it would not be fair to do so without further budget analysis. While he understands the YMCA's urgent timeline and the July deadline for tax credits, he emphasized the importance of making smart and fiscally responsible decisions. He reiterated his interest in supporting the YMCA in some capacity and stated that he would like the Council to determine at a later time what contribution is possible.
Mayor Pro Tern Sosa asked City Manager Bradley if the City was concluding its budgeting process by the end of next month. City Manager Bradley confirmed. Mayor Pro Tern Sosa then stated that he would like to revisit the possibility of supporting the YMCA and is interested in exploring options during the budgeting process to see what can be done and whether any adjustments can be made.
Council Member Frometa asked how soon the Council could have an idea regarding potential support for the YMCA. City Manager Bradley responded that if the Council is interested in proceeding, staff would bring back some ideas as part of the budget process on what contributions to the YMCA might look like, allowing the Council to then discuss the impacts and decide how to proceed.
Mayor Trujillo stated that as the citywide elected official, he feels entrusted and responsible for making financial decisions in the City's best interest. He emphasized the importance of transparency and prioritizing spending, particularly for public safety and youth crime prevention. While acknowledging the value of more police officers, he argued that investing in preventive measures like the YMCA is equally critical. He highlighted that Downey, a large City, lacks facilities like a Boys & Girls Club, Youth Center, or an operating YMCA, which limits services to youth and seniors. Mayor Trujillo referenced the $296,000 in fees the City has already waived for the YMCA project as proof of commitment, but urged further action.
He pointed out the City's $33 million in reserves and questioned the reluctance to spend on immediate needs when residents are facing deteriorating infrastructure and limited services. He described a $1 million contribution to the YMCA, spread over three years, as a direct investment in the community's quality of life, particularly for children and seniors. Mayor Trujillo made a motion to allocate $1 million to the YMCA over the next three years.
Council Member Frometa stated that while she does not disagree with Mayor Trujillo, she believes it is irresponsible to arbitrarily throw out a number without having a more detailed conversation with City staff regarding the financial figures.
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Mayor Pro Tern Sosa stated that the Council has already expressed interest in helping fund the YMCA but emphasized the need to first review the numbers, go through the budgeting process, and ensure transparency.
Mayor Trujillo expressed concern about the approaching July deadline, stating that without action, there would be another year without a YMCA. He noted that his motion for a $1 million allocation received no second, so no action would be taken at this time. He requested that staff bring back numbers as soon as possible to determine whether such an allocation is feasible, City Manager Bradley confirmed that the matter would be addressed as part of the budget process, with a Special City Council Budget Meeting scheduled for May 20.
After discussion, no action was taken on this item.
Council Member Pemberton returned to the dais at 8:50 p.m.
Mayor Trujillo recused himself from Item No. 7 due to owning property in the Downtown Downey area and left the Council meeting at 8:50 p.m.
8. DISCUSSED POTENTIAL OPTIONS FOR REGULATING ESTABLISHMENTS BARS/NIGHTCLUBS AND LIVE ENTERTAINMENT: Community Development.
DISCUSSED OPTIONS TO REGULATE BARS AND NIGHTCLUBS, AND ESTABLISHMENTS
THAT HAVE LIVE ENTERTAINMENT, CITYWIDE, AND PROVIDED DIRECTION TO STAFF
ON WHICH OPTION(S) TO RESEARCH FURTHER AND BRING BACK FOR
CONSIDERATION
Director Huitron provided the staff report for Item No. 8, in response to the City Council's January 23 request for a report on distancing requirements for bars and establishments with music or live entertainment. She began by explaining that the State Department of Alcoholic Beverage Control (ABC) issues on -sale and off -sale alcohol licenses. Bars and nightclubs typically operate under Type 40 or Type 48 on -sale licenses. Type 40 is limited to the sale of beer and is commonly issued to bars and taverns and a Type 48 license is for beer, wine, and spirits and is commonly issued to bars and nightclubs.. Off - sale licenses are issued to grocery stores and similar retailers. At the local level, Downey regulates these establishments through a Conditional Use Permit (CUP) process to ensure that businesses have operational protocols that minimize impacts on City services. A CUP is also required for live entertainment uses, and the Municipal Code mandates a 100-foot distance from residential uses for such operations in most commercial zones. Currently, there are approximately 12 businesses in Downey with Type 40 or 48 ABC licenses and about 15 businesses offering live entertainment. Director Huitron outlined five options included in the staff report for Council consideration. Option one would continue requiring CUPs for bars, nightclubs, and live entertainment venues, with no changes to the Zoning Code. Option two would involve establishing buffer zones to regulate the proximity of these businesses to sensitive uses, such as residential areas, which would require a new ordinance. Option three would develop specific operational standards such as hours of operation, lighting, security, and noise mitigation which would also require an ordinance and could help streamline future reviews. Option four would involve modifying zoning regulations to restrict the types of zones where bars, nightclubs, and entertainment venues could operate.
Option five would leave the existing regulations unchanged. Director Huitron noted that any ordinance or best practices development would take approximately six to twelve months, depending on the selected option.
Council Member Pemberton explained that she brought this issue forward in January due to public concern over a local bar being located near Downey High School, residential areas, and senior communities such as Regent Terrace. She expressed concern over the proximity of nightclubs and live entertainment venues to sensitive uses, noting that the current requirement is only a 100-foot buffer. She compared this to other cities she spoke with at seminars, where buffer zones are typically 500 to 1,000 feet from schools and residences to reduce noise and disturbance. Council Member Pemberton City Council Minutes
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emphasized that while restaurants with alcohol licenses are different, the concern lies with live entertainment venues that disrupt residents' quality of life. She cited a key benefit of the CUP process, which allows the Planning Commission to impose conditions to mitigate negative impacts on surrounding properties and to hold businesses accountable if they increase demands on City services like police. She stated the importance of considering buffer zones for future developments to prevent similar issues, especially with newer businesses that have outdoor areas and amplified music, which are affecting nearby residents.
Council Member Frometa expressed support for a detailed report and a thorough conversation on the topic. She acknowledged the presence of older, grandfathered businesses but indicated an interest in potentially pursuing option one and option two. She stated she would like the City to consider establishing buffer zones for the future and referred to the slides outlining the available options.
Mayor Pro Tern Sosa began by referring to the options presented in the staff report. Director Huitron clarified that the 100-foot distancing requirement for live entertainment currently applies only in commercial zones and not within the Downtown Downey Specific Plan area. She explained that the Specific Plan encourages mixed -use development, where residential and commercial uses can coexist in the same building. Imposing a buffer zone in this area would conflict with the principles of mixed -use zoning.
Council Member Frometa asked for confirmation that establishing a buffer zone in Downtown would conflict with the Specific Plan's intent, Director Huitron agreed. She added that in non-specific plan areas, the 100-foot buffer already exists, so no Council action would be needed unless the Council wanted to increase the buffer to 500 or 1,000 feet, as presented in the staff report.
Council Member Pemberton commented on the map provided and noted that a 1000 ft. radius would extend roughly midway between Dolan Ave. and Downey Ave. creating a greater buffer between Downey High School and any nearby live entertainment venues nightclubs or bars serving alcohol She emphasized that this increased distance addresses residents' concerns and would help create a more appropriate separation between such establishments and both Downey and Warren High Schools suggesting that a 1000 ft. buffer or even 500 ft. would be more effective than the current 100 ft. requirement.
Council Member Ortiz asked whether businesses in the Downtown Downey area are still required to obtain a CUP. Director Huitron clarified that the Downtown Downey Specific Plan does require a CUP for live entertainment, but not for eating establishments that serve alcohol. She explained that the previous Council discussion focused on eating establishments with alcohol, whereas the current item pertains specifically to bars, nightclubs, and live entertainment venues. Director Huitron noted that bars and nightclubs are distinct because they typically are not required to provide food service and therefore are not categorized as eating establishments. Under option one in the staff report, businesses seeking to open a bar, nightclub, or provide live entertainment must obtain a CUP, as is already required by the Municipal Code.
Council Member Pemberton referenced the table in the staff report indicating that Santa Ana enforces a 1,000-foot separation requirement from sensitive areas. She then asked for clarification on what constitutes a sensitive area, such as whether that includes housing, schools, or hospitals. Director Huitron responded that while it can vary by jurisdiction, sensitive uses are generally considered to include schools, daycares, residential uses, and similar types of facilities.
Council Member Frometa, referencing option two, noted that the City's Municipal Code includes separate distancing requirements of 100 feet for live entertainment and 500 feet for adult -oriented uses from residential areas. She asked for clarification on the 500-foot requirement. Director Huitron responded that adult -oriented businesses must be located at least 500 feet away from residential uses, meaning there must be a minimum 500-foot distance between a house and such a business.
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Council Member Pemberton stated that the typical house frontage is about 50 feet, so the current 100-foot buffer only amounts to the distance of about two houses, which is too short when considering proximity to live entertainment near residences. She expressed support for increasing the buffer zone around sensitive uses such as schools and favored option two, establishing buffer zones, as a possible hybrid approach that may also involve limiting zoning districts where bars, nightclubs, and live entertainment are permitted. She acknowledged this would require additional staff research but emphasized her focus on protecting areas like Downey High School, where students walk home near such establishments, and on providing nearby residents with a quiet zone. She noted that restaurants with food service have not caused the same level of community concern.
Council Member Frometa stated that when considering option two, she is mindful of the Downtown Downey Specific Plan and does not want to change the zoning for that area, as the mixed - use concept has been previously discussed and supported. She clarified that option two, which involves establishing buffer zones, should apply citywide but not include the Downtown Downey area.
Council Member Pemberton asked if they could establish a buffer zone with a certain square footage or radius, noting that the 1,000-foot buffer currently shown includes the Downtown Downey area.
Council Member Frometa clarified that her intent is to ensure the buffer zone does not encroach into the Downtown Downey Specific Plan area, but still provides appropriate distance from schools. City Manager Bradley responded that it is possible to include the Downtown Downey area in the buffer zone if the Council chooses to, but staff would need clear direction on whether to do so.
Council Member Pemberton stated that the current 100-foot distance between live entertainment establishments and residences or schools is not enough and should be increased. She referenced examples from other cities, noting that Whittier uses a 300-foot buffer from commercial recreation uses and 150 feet from residential properties. She also mentioned Santa Ana's 1000-foot buffer. She expressed a desire to act to prevent future situations similar to the one currently facing the City and clarified that she is referring to new establishments going forward. She suggested considering a buffer of 500 feet around schools and areas where students walk, indicating that 1000 feet may be too far in some cases.
Council Member Ortiz clarified that the discussion is specifically about the City of Downey and expressed concern about how many schools would be affected. City Manager Bradley responded that staff is currently proposing to include all schools but would look to the Council for direction. He noted that while separating out just high schools might be possible, staff would need to research the legal implications. If that is the Council's desired direction, they could bring back further recommendations based on that research.
Council Member Pemberton expressed that the concern is primarily with high schools because older students are more independent and typically walk home on their own, unlike elementary school students who are usually picked up. She noted that residents were concerned about high school students walking through neighborhoods near bars or live entertainment venues around 4 p.m., feeling it was not a safe situation. She suggested further exploration of the topic.
Mayor Pro Tern Sosa made a motion to direct City staff to return to Council with a proposal for establishing a 500-foot buffer zone around sensitive areas, specifically including high schools, residential areas, and daycares, for the purpose of regulating the locations of bars, nightclubs, and live entertainment venues. The motion also excludes the Downtown Specific Plan area from the buffer zone, even if the high school buffer would otherwise overlap with it. Staff was directed to return with maps and analysis for further Council consideration. The motion died for lack of a second.
After discussion, there was no action taken on this item.
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Mayor Trujillo adjourned the Regular City CouDci|Meeting—DpeOSession at9:18p.0.iDmemory of Daniel Okamoto, Los Angeles County Sheriff's Department Deputy, Lomita Station, who died iOanoff- duty motorcycle Crash; Jacob Fuerte, 22. Los Angeles City Fire Renruit, who was struck by a vehicle while helping 8 C[3Gh victim on the 101 freeway; and, Martin GusDir, 92, [}ovvO8y resident since 1959, former Downey Public Works Committee Member and father inlaw DfCity Attorney John Funk. �Al �AL I C I �AD U A �Rr �C DOROTHY'
City Clerk
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