MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 22, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Closed Session on October 12, 2024, at 5:32 p.m., 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
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 5:34 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.95 — Liability Claim - Worker's Compensation Claim — Claimant: Herbert McCullah — Claim No.: 19-145137 and 20-149658; Worker's Compensation Appeals Board No.: ADJ12842413 and ADJ13423415; Agency claimed against: City of Downey.
RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Trujillo reconvened the Regular City Council Meeting — Closed Session at 6:32 p.m.
City Attorney Funk reported the Closed Session report as follows: In regards to Item No. 1, no reportable action was taken.
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on October 22, 2024 at 6:33 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
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Regular Meeting — October 22, 2024
PRESENT: Council Members:
Mario Trujillo Mayor
Hector Sosa Mayor Pro Tern
Claudia M. Frometa Council Member
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 David Beary, First Presbyterian Church of Downey. The Pledge of Allegiance was led by Girl Scout Troop 71453.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Pemberton welcomed the audience to the meeting. She highlighted October as Breast Cancer and Domestic Violence Awareness Month. She emphasized the importance of early breast cancer screenings and sharing available resources. She provided updates on various community events she attended, including the Downey Police Department's Pink Patch initiative at Lazy Dog, a legislative luncheon hosted by Congressman Robert Garcia, the Downey Symphony concert, and DUSD's annual State of the Schools Breakfast. She shared that she held her first Town Hall meeting for residents at the Barbara J. Riley Senior Center and thanked City staff that accompanied her to the meeting. She attended the League of California Cities Conference in Long Beach, where she learned about radar sign detection that can help slow down traffic in the City. She attended a Budget Subcommittee meeting and shared that financially, the City saw increased general fund revenue despite a drop -in hotel taxes, but shared the City is within budget. She reported attending the YMCA groundbreaking and provided an update regarding demolition and announced completion is scheduled for March 2026. She participated in a meeting with residents in District 3 to discuss the installation of speed bumps along Guatemala. She thanked City staff for reaching out to the residents and making necessary adjustments related to the installation of the bumps. She briefly commented regarding the Space Shuttle move. She attended the ribbon cutting for the newly remodeled See's Candy store on Paramount Blvd. and shared the store will open year-round. She commented regarding a certificate presented to resident Alicia Ponce de Leon from District 3 who celebrated her 101 st birthday. She reported attending the Vector Control District Board Meeting and shared dengue prevention updates and said there was one fatal case in the State related to the West Nile Virus. She highlighted upcoming events like the State of the City, Dia de los Muertos Festival, and Veterans Day Ceremony. Council Member Pemberton concluded her comments by thanking the Public Works staff for coordinating the shuttle move.
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Council Member Ortiz highlighted two upcoming events, the Pumpkin Patch at Downey Adult School and the State of the City. He announced the availability of State of the City tickets through the Chamber of Commerce and encouraged attendance to the event.
Mayor Pro Tern Sosa welcomed the audience and acknowledged the presence of fellow Kiwanians. He reported on his attendance at recent board meetings for SELACO Workforce Development and SEAACA, noting no reportable actions. He shared concerns about speeding on Paramount Blvd. between Imperial Hwy. and Gardendale Ave. and requested a stop sign survey for the area. He also addressed speeding issues on Stewart and Gray Rd. He thanked staff for their efforts in addressing the surveys request by the Council. He requested staff create a public outreach campaign through signage and social media to promote safer driving habits and mitigate speeding risks. He requested a study on the matter, thanked staff for their continued efforts. His request was seconded by Council Member Ortiz.
Council Member Frometa welcomed those in attendance. She expressed enthusiasm for Downey's progress, highlighting significant projects such as the Space Shuttle expansion project, which reflects the City's legacy in space history. She reported attending the "Inspiration" shuttle move event, calling it a milestone. She reported attending the YMCA groundbreaking, commending contributions from the Kohler family and Supervisor Janice Hahn, and looked forward to the project's completion. She reported attending the League of California Cities conference, where she attended sessions on economic development and homelessness, and mentioned completing her one-year tenure as chair of the Public Safety Policy Committee which was instrumental in pushing for Prop 36, now on the ballot. She praised department heads, especially Ben Dicklow and Space Center staff, for their roles in organizing successful events, and thanked Public Works and City Manager Bradley for their leadership. She invited residents to upcoming events, including the Columbia Memorial Space Center's 15t" Anniversary, the Rotary's ARC Golf Tournament, and the Veterans Day Remembrance Ceremony. Council Member Frometa addressed concerns about RV parking at Walmart. She asked staff to look into that. She mentioned residents were happy to see the uplift at the downtown parking structure and asked for continued pressure washing of the structure and the walkway between the structure and LOOK Cinema. She asked staff to contact LOOK Cinema regarding maintenance inside and outside the facility. She also asked for improved communication with members of the public on Downey Link transit routes, particularly in the downtown area. She proposed studying the feasibility of making Downtown Downey more walkable, on Downey Ave. between Firestone Blvd. and 5tn St. She acknowledged issues with the Downey app, promising upgrades, and advocated for continued efforts to address illegal dumping by continuing the campaign on social media. She thanked Director Huitron and her team for their continued efforts on illegal dumping.
Lastly, she recognized October as Breast Cancer, Mental Health and Domestic Violence Awareness Month.
Mayor Trujillo emphasized the importance of voting, urging residents to participate in democracy and reminding them of early voting now open at St. George's Greek Church. He commended the Downey Police Department for fostering trust through the Kids and Cops program at Doty Middle School which he also attended. He shared that 20 members of the Police Department volunteered to play basketball, to socialize and meet with the middle school children. He also shared that he was able to host a member from congress from Mexico and compare different political systems. He highlighted the YMCA's fundraising efforts and encouraged a big donor to assist the YMCA in meeting their fundraising goal. He celebrated Downey's rich space history, noting the upcoming expansion of the Columbia Memorial Space Museum to house the Space Shuttle "Inspiration" by 2026. Mayor Trujillo congratulated the City of Santa Fe Springs on their cultural event Fiestas de Octubre in association with the State of Jalisco. He mentioned Downey's longstanding ties with Guadalajara and Jalisco. He thanked staff for addressing safety concerns near Our Lady of Perpetual Help, including new crosswalks and bus stops, and motioned to enhance a nearby little traffic island with public art funds possible signage with the word Downey. His request was seconded by Council Member Ortiz. He addressed Domestic Violence Awareness Month, discussing the potential implementation of the "Pulse of Life" program to aid victims of domestic violence.
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Mayor Trujillo also highlighted the Downey High vs. Warren High rivalry game and encouraged support for the Downey Education Opportunity Foundation through VIP ticket sales benefiting after -school programs. He concluded by thanking staff and expressing pride in the City's ongoing projects and community engagement.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager, Roger Bradley, provided and update regarding the upcoming deployment of the "Pulse of Life" panic buttons. He reported staff is working with Walmart regarding the RV parking.
Community Development Director Huitron, shared staff has been working with Walmart management for the past few months regarding this matter. She reported significant improvements, including the installation of signage that authorizes Walmart on their own accord to tow vehicles that are parked overnight, including recreational vehicles. She highlighted additional measures such as re -striping of the parking lot, enhanced security, regular litter removal, and a shopping cart containment plan. Staff continues to assist the management team and has seen cooperation from them.
In response to the Council comment about the Downey Link maps, Parks and Recreation Director Chacon reported that information is available on the City's website for both Downey Link and Dial -A -Ride services. He stated community members can order their trips on the website and view the interactive map. He added that it is also connected to the Downey App which shows the current routes and a live map of the where the bus currently is. One additional interface is downey. ride ralerts. co m which shows a live City map, your current location and helps you plan and book trips.
Council Member Frometa requested launching a social media campaign to inform the community where to find the information. She also proposed adding physical transit displays in the downtown for residents without digital access.
Council Member Ortiz asked if the upgraded bus shelters approved by Council will have maps displayed there. Director Chacon confirmed they will.
City Manager Bradley asked for clarification regarding the request to close the downtown. He asked if staff should explore the feasibility of closing it off to traffic completely or just try to improve walkability.
Council Member Frometa clarified that she would like to improve walkability but perhaps closing it entirely.
Mayor Trujillo seconded Council Member Frometa's request and asked that it include the bollards that can close off the street temporarily or permanently.
City Manager Bradley announced the City's annual report of accomplishments for 2023-2024 has been published and will be shared with the community. He added the Police Department assessment is ongoing.
PRESENTATIONS
1. Mayor's Excellence Award to local business owner Leticia Rivas of Rivas Enterprises.
2. Mayor's Excellence Award to Downey Kiwanis Club on the occasion of their 100t' Year Anniversary.
3. Proclamation in honor of Breast Cancer Awareness Month presented to the Soroptimist Club of Downey.
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4. Certificate of Appointment to Oscar Cisco, Recreation and Community Services Commission, Council District 1.
PUBLIC HEARINGS: None
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS 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 no written public comments were received. Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Ernesto Valle, resident, commented regarding Measure D public outreach, the Council's support of Measure D, the police analysis, The Downey Patriot, public comment speaking time and, in opposition of Measure D.
B.C., resident, commented regarding the Mayor's excellence awards, in opposition of Measure D and, the need for hiring more police.
John Lacey, resident, commented regarding the purpose of Rotary and Rotary's motto, and the change in the criminal justice system when Mr. Gascon came into office.
Corporal Austin Honrath, accompanied by Corporal Roger Tsai, representatives of the Downey Police Officers Association commented in support of Measure D.
Speaker No. 5, no name provided, commented in support of Measure D and thanked the Fire and Police Chiefs and the City Manager for doing a good job. He commented regarding respect amongst each other.
Emily Sipos, business owner, commented regarding lack of parking on Second St., in support of Measure D and thanked the Fire Department for saving his life. He asked that the Fire personnel that assisted him be recognized.
Michelle Farina, resident, commented regarding Gaza, the jobs of elected officials, her friend's campaign against Mayor Trujillo and making a difference.
Speaker No. 8, commented regarding Item No. 7 and the impact of street closures on Downey Ave. on small businesses due to the length of the closure and lack of parking.
Speaker No. 9, commented regarding issues with City Net services and the security officers hired by the City.
Speaker No. 10, commented regarding Council re-election, speeding on Nance St., City Net services, maintenance of trash cans at the property he manages, security officers hired by the City, homeless issues and services provided by City of Norwalk.
Joaquin Beltran, resident, commented regarding his campaign for City Council, caring for human rights, housing, small businesses, creating a better future and in support of Palestine.
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Regular Meeting — October 22, 2024 5
It was moved by Council Member Frometa, seconded by Council Member Pemberton, to close public comment.
CONSENT CALENDAR
Council Member Pemberton abstained from Item No. 6. Council Member Pemberton pulled Item No. 7, for separate discussion.
It was moved by Council Member Frometa, seconded by Council Member Pemberton, and carried 5-0, to approve the remainder of the Consent Calendar.
1. WARRANTS ISSUED: Warrant Nos. 382291-382730; Payroll Wire Nos. 30004507, 30004510- 30004512; EFT Nos. 13965-14008; and, Manual Wire Nos. 2588-2591, in the total amount is $4,238,921.25: Finance
2. APPROVAL OF A CONTRACT WITH TONY PAINTING, INC. FOR THE PAINTING OF VARIOUS AREAS WITHIN THE CIVIC CENTER, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-08:
Public Works.
1) ACCEPTED A PUBLIC WORKS CONTRACT AGREEMENT WITH TONY PAINTING, INC.
IN THE AMOUNT OF $109,928 FOR THE PAINTING OF VARIOUS AREAS WITHIN THE CIVIC CENTER, CIP NO. 23-08; AND,
2) AUTHORIZED THE CITY MANAGER TO EXECUTE CHANGE ORDERS OR AMENDMENTS TO THE AGREEMENT UP TO THE PROJECT CONTINGENCY AMOUNT OF $15,072 FOR A TOTAL PROJECT BUDGET OF $125,000
3. APPROVAL OF AN ANNUAL SUBSCRIPTION AGREEMENT WITH ACCELA INC., AND
ASSOCIATED SERVICES FOR ONE-TIME CLOUD MIGRATION SERVICES AND SERVICE AGREEMENT WITH VELOSIMO INC. FOR AN ACCELA TO LASERFICHE CONNECTOR BACK - END SOFTWARE: Community Development.
1) APPROVED A SUBSCRIPTION SERVICES AGREEMENT FOR A THREE-YEAR TERM BEGINNING ON NOVEMBER 1, 2024 AND THE STATEMENT OF WORK WITH ACCELA, INC. FOR A ONE-TIME CLOUD MIGRATION FEE, FOR THE CITY'S LAND DEVELOPMENT PERMIT TRACKING SYSTEM, FOR A TOTAL CONTRACT AMOUNT OF $631,349. 2) THE CITY MANAGER TO EXECUTE CHANGE ORDERS OR AMENDMENTS TO THE AGREEMENT UP TO THE PROJECT CONTINGENCY AMOUNT OF $16,072 FOR A TOTAL PROJECT BUDGET OF $125,000.
4. APPROVAL OF TRANSFER AGREEMENT NO. 2024MP23 WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE CLEAN WATER PROGRAM — MUNICIPAL PROGRAM: Public Works.
1) APPROVED TRANSFER AGREEMENT NO. 2024MP23 WITH THE LOS ANGELES COUNTY FLOOD CONTROLDISTRICT FOR THE SAFE CLEAN TER PROGRAM — MUNICIPAL PROGRAM FOR R PERIOD BEGINNINGFISCAL Y - 2;
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2) AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY.
5. AUTHORIZATION TO SUBMIT APPLICATION FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FY 2024 LOCAL SOLICITATION: Police.
AUTHORIZED THE DOWNEY POLICE DEPARTMENT TO SUBMIT A GRANT APPLICATION FOR THE 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT.
6. SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING A REQUEST TO CHANGE THE ZONE DESIGNATION OF THE PROPERTY LOCATED AT 11531 DOWNEY AVENUE: Community Development.
ADOPTED ORDINANCE NO.24-1514, APPROVING A ZONE CHANGE DESIGNATION FROM O-S (OPEN SPACE) TO C-P (OFFICE) FOR THE PROPERTY LOCATED AT 11631 DOWNEY AVENUE.
ADMINISTRATIVE REPORTS
8. DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT AND APPLICABLE FINES:
Police/City Prosecutor/City Attorney.
DISCUSS THE CITY'S ENFORCEMENT OF RULES AND REGULATIONS RELATED TO THE
ENFORCEMENT OF THE UNLAWFUL POSSESSION AND/OR DISCHARGE OF "DANGEROUS" AND "SAFE AND SANE" FIREWORKS WITHIN THE CITY, INCLUDING
APPLICABLE FINES AND WHETHER TO MAKE ANY ADJUSTMENTS TO EXISTING
PROCEDURES
City Prosecutor Jim Eckart presented the staff report for Item No. 8. He provided a brief background regarding the state of California's regulations related to fireworks including, transportation, sale, use, storage and discharge, and public displays. The state allows local jurisdictions, including Downey, to establish additional regulations specifically banning fireworks completely, the sale, use and discharge of fireworks. Fireworks are categorized as safe and sane, which are state -approved and ground -level, or dangerous, which pose higher risks and are airborne. Downey has implemented regulations to manage their sale, use, and discharge. The City permits nonprofits to sell safe and sane fireworks, with fire department inspections ensuring compliance. The City regulates their use, discharge, and sale with specific times, locations, and restrictions. Dangerous fireworks are prohibited, with enforcement limited to fines. However, the City cannot ban possession of safe and sane fireworks, as allowed by state law. Downey enforces fireworks regulations through a zero -tolerance approach. The Police Department handles illegal use, the Fire Department oversees booths, and Public Works provides education and signage on safety and legal consequences. Downey enforces a zero -tolerance policy on illegal fireworks, with a dedicated enforcement team of 10-12 police officers working overtime during peak times like the 4th of July. Fireworks -related calls have slightly decreased, from 37% in 2013 to 35.5% in 2024, despite an increase in overall calls. Police officers may be reassigned for emergencies, but enforcement remains a priority. Downey enforces fireworks laws primarily through administrative citations, including for dangerous fireworks and misuse of safe and sane types. Criminal enforcement is reserved for extreme cases involving large quantities of illegal fireworks. Downey fines for dangerous fireworks start at $2,000 for a first offense, increasing to $2,500 for a second and $3,000 for further City Council Minutes
Regular Meeting - October 22, 2024 7
offenses. These fines, set in 2013, align with neighboring cities, except Huntington Park, which fines $5,000. Safe and sane violations incur lower fines due to lower risk. Downey issued 18 fireworks citations in 2022, collecting $31,000 of $54,000 in fines (50%). In 2023, 41 citations totaled $114,000, with $42,000 collected (37%). In 2024, 31 citations so far have totaled $100,000, with $16,000 collected as appeals are pending. Payment plans are offered to reduce penalties. Downey's high fines for fireworks violations aim to deter illegal use due to the significant dangers posed, such as fires, injuries, and minors' involvement. Alongside enforcement, the City conducts extensive public education, including distributing flyers at fireworks booths, social media campaigns, and digital signage at City entrances. These efforts emphasize celebrating the 4th of July responsibly and safely to protect the community.
Council Member Frometa emphasized the importance of addressing both enforcement and collection of fireworks fines, noting the collection rates of 58% in 2022 and 37% in 2023. She stressed that while fines and public education aim to deter illegal fireworks use, the City must ensure fines are effectively collected to reinforce deterrence. Council Member Frometa highlighted the damage caused by altered safe and sane fireworks, including harm to streets, increased emergency calls, and risks to pets, veterans, and residents, referencing severe injuries suffered by Downey students this year. She acknowledged the Council's investment in street repairs, spending over $34 million on improvements driven by resident requests, and expressed frustration over fireworks damaging newly paved streets. She urged the Council to consider stricter penalties, given the last fine adjustment was 11 years ago, and called for stronger measures to address the ongoing hazards of fireworks use in the community. City Prosecutor Eckart responded saying The Citation Processing Center manages Downey's fireworks fine collections using tools such as referral to collection agencies, tax intercepts, and payment plans. In some cases, the City could pursue small claims judgments or wage garnishment. The typical collection rate, around 35%, aligns with averages for similar administrative citations in other jurisdictions.
Council Member Ortiz inquired about repeat offenders, and City Prosecutor Eckart explained that Downey effectively reduces repeat fireworks violations by extending the tracking period for repeat offenses to 36 months. Over the past three years, fewer than five cases involved repeat violators, with most citations issued to first-time offenders. City Prosecutor Eckart also noted that the initial fine collection rate is 35%, but additional measures, such as tax intercepts, improve overall recovery efforts.
Council Member Ortiz further asked about fines for fireworks violations outside the 4th of July. City Prosecutor Eckart clarified that dangerous fireworks are illegal year-round in Downey, while safe and sane fireworks are legal to possess but may only be discharged on the 41h of July. Sales of safe and sane fireworks begin in late June or early July to support nonprofit -operated booths. Citations, with fines starting at $250 for a first offense, are issued for discharging safe and sane fireworks outside the approved period, such as during New Year's. Enforcement during these times is managed by regular patrol officers, as there are no special police details outside the 4th of July.
Council Member Pemberton inquired whether tax intercepts for illegal fireworks fines are directed at the individual responsible, such as a renter, rather than the homeowner if they were not involved. City Prosecutor Eckart clarified that illegal fireworks citations in Downey are issued to the person found responsible for possession, discharge, or negligence in supervising minors who discharge fireworks.
Fines are collected through tax intercepts applied to the violator's income tax refund, rather than as liens on property tax bills. Typically, renters are held accountable unless a landlord knowingly allows the violation, in which case they may also be subject to penalties. Landlords who are unaware of the activity are unlikely to be held liable. Council Member Pemberton also suggested increasing fireworks fines to better deter violations, noting that current amounts are not significantly impactful compared to common expenses. She proposed prominently displaying fines at City entrances and safe and sane fireworks booths to raise awareness. She advocated for higher penalties for repeat offenses, emphasizing the need to address the negative impacts of fireworks on pets, individuals with PTSD, children, and seniors.
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Council Member Pemberton urged the Council take decisive action to make meaningful changes and reduce harm.
Mayor Trujillo acknowledged that efforts to deter illegal fireworks seem effective, with violations reportedly decreasing. He shared that $5,000 is more that what he used to get from criminals. He asked the Fire Chief if any houses burned down this last season.
Fire Chief Hurlock noted no structure fires occurred during the 2024 4th of July.
Mayor Trujillo noted that he heard about an injury at Rio San Gabriel Park related to fireworks and it was unfortunate. He commented on the severity of a $5,000 fine and suggested that some view fireworks as a celebration of the nation despite the challenges they pose for pets and others.
Council Member Ortiz commented that they are only talking about illegal fireworks that can -do major damage.
Mayor Trujillo responded by saying that that the council is also speaking about increasing the fines for safe and sane fireworks. He stated $5,000 dollars is excessive for working families and stated the current fees are working. He believes increasing the fines is harsh and reminded the Council that the number of citations is decreasing not increasing. He shared that a person driving under the influence is fined less.
Mayor Pro Tern Sosa expressed a preference to focus on addressing illegal fireworks rather than safe and sane ones, while supporting increased fines for repeat offenders.
Council Member Pemberton asked for a $5,000 fine on first time offence and an increase on any offence after that, for illegal fireworks only.
Mayor Pro Tern Sosa emphasized the distinction between illegal and safe and sane fireworks, expressing opposition to penalizing those using safe and sane fireworks responsibly due to the actions of others. He advocated for focusing fines specifically on illegal fireworks.
Council Member Frometa noted that modified safe and sane fireworks also contribute to the problem.
City Prosecutor Eckart clarified that altered safe and sane fireworks are classified as dangerous fireworks and are subject to the same higher fines as dangerous fireworks.
Council Member Frometa made a motion for the first offense to be fined at $4,000, the second offense to be $4,500, and third or more to be $5,000 for dangerous fireworks, considering fines have not been increased since 2013. Council Member Ortiz seconded the motion.
Council Member Pemberton proposed increasing fines for repeat offenses, suggesting a $1,000 increase between offenses.
Council Member Frometa accepted the amendment proposed by Council Member Pemberton, revising dangerous fireworks fines to $4,000 for a first offense, $5,000 for a second, and $6,000 for subsequent offenses.
Mayor Trujillo repeated the amended motion to be $4,000 for the first offense, $5,000 for the second offense and $6,000 for the third or any additional offenses. Council Member Frometa confirmed the revised motion.
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Council Member Frometa asked if other cities, besides Huntington Park with a $5,000 fine, impose similarly high penalties. City Prosecutor Eckart clarified that Downey would not be alone, as other cities also impose higher penalties for repeat offenses. He noted Downey had previously reduced its fines and explained that fines for the sale of illegal fireworks match those for possession but are typically handled criminally, not administratively.
Council Member Frometa asked what the fine amount is for the sale of illegal fireworks. City Prosecutor stated the fine is the same but the cases of sale of illegal fireworks are handled criminally.
Council Member Frometa approved the amended motion, which was seconded by Council Member Ortiz.
Mayor Trujillo inquired whether there any additional discussions or motions.
The amended motion by Council Member Frometa, seconded by Council Member Ortiz to increase fines to $4,000 for the first offense, $5,000 for the second offense and $6,000 for the third or any additional offenses as it relates to dangerous fireworks was approved 4-1, with Mayor Trujillo voting no.
Mayor Trujillo asked if there were any motions as to safe and sane fireworks.
City Attorney Funk clarified that the misuse of safe and sane fireworks, which makes them illegal, brings them under the scope of the current agenda item and informed the Council that their direction to increase fines will be implemented through a resolution, which will be brought back for Council approval.
Mayor Trujillo inquired if safe and sane fireworks make a popping or explosive sound.
City Prosecutor Eckart confirmed that safe and sane fireworks can produce popping and explosion sounds. He further clarified that fines for their illegal discharge are set at $250 for a first offense, $500 for a second offense, and $1,000 for a third offense.
Council Member Ortiz clarified their support for service clubs selling safe and sane fireworks but expressed concern about their discharge outside of permitted times, such as year-round use instead of only on the 4th of July.
City Prosecutor Eckart added that the $250, $500, and $1,000 fines also apply to illegal locations and minors possessing fireworks without adult supervision.
Council Member Ortiz made a motion to increase the fines for safe and sane fireworks to $500 on the first offense, $1,000 for the second offense and $2,000 for the third offense seconded by Council Member Frometa.
Mayor Pro Tern Sosa asked how often safe and sane fireworks are found outside the 4th of July season. City Prosecutor Eckart responded that such instances are rare, with typically fewer than 10 violations reported annually.
Mayor Pro Tern Sosa also questioned enforcing $500 fines for minor fireworks infractions, such as a child using a small firework before the 4th of July. City Prosecutor Eckart noted that addressing minor safe and sane fireworks violations before the 4th of July is likely not a priority for the police, as such cases are uncommon during that time.
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Council Member Frometa clarified that the regulations for safe and sane fireworks already exist in the Downey Municipal Code, and the current effort is solely to increase fines. Additional public education will be necessary to remind residents of the permitted discharge times.
Mayor Pro Tern Sosa supported higher fines for illegal fireworks but saw no need for changes to safe and sane regulations, noting their low risk and rare violations.
Council Member Pemberton suggested posting rules and fines at fireworks booths to deter misuse, emphasizing fines as a necessary deterrent to promote responsible use and minimize disruptions.
Council Member Ortiz noted that using fireworks outside allowed times isn't following the rules and distinguished minor use, like sparklers, from more serious misuse.
The motion made by Council Member Ortiz to increase the fines for safe and sane fireworks to $500 on the first offense, $1,000 for the second offense and $2,000 for the third offense seconded by Council Member Frometa was approved 3-2 with Mayor Pro Tern Sosa and Mayor Trujillo voting no.
OTHER BUSINESS
Mayor Trujillo announced his conflict for Item No. 7 due his properties. He left the Council Meeting at 9:07 p.m.
Item No. 7 was pulled from the Consent Calendar by Council Member Pemberton for separate discussion.
7. APPROVAL OF A STREET CLOSURE APPLICATION REQUEST BY VETERANS STAND
TOGETHER FOR THE ANNUAL MARINE CORPS BIRTHDAY AND VETERANS DAY CELEBRATION FUNDRAISER EVENT: Administration.
APPROVED THE STREET CLOSURE PERMIT BEGINNING ON SATURDAY, NOVEMBER 9, 2024, AT 8:00 A.M. AND REMAINING IN PLACE THROUGH MONDAY, NOVEMBER 11, 2024, AT 2:00 A.M. TO ACCOMMODATE THE ANNUAL MARINE CORPS BIRTHDAY AND
VETERANS DAY CELEBRATION FUNDRAISER EVENT
Shantae Duren, Management Analyst provided the staff report for Item No. 7. The council is considering a street closure permit application request for the annual Marine Corps' Birthday and Veterans Day Celebration fundraiser to be held on Sunday, November 10, 2024, from 12 p.m. to 10 p.m. hosted by Veterans Stand Together, a nonprofit supporting veteran integration, homelessness, and mental health organization. The closure would affect Downey Ave. between 2"d St. to 4th St. and 31d St. between New St. to U.S. Bank from 8 a.m. on Saturday, November 9, through 2 a.m. on Monday, November 11. The event features veteran resource booths, food vendors, live music, and a beer garden for attendees aged 21 and older. Security measures include 18 security officers, four Downey police officers, ID checks at the entrance, and emergency access points monitored by security guards. The site layout and safety measures have been reviewed by the City's Development Review Committee. Standard conditions, such as trash management, portable restrooms, road signage, and accessibility, have been set, and a 50% fee waiver ($6,923.35) was applied per the City's nonprofit policy. The event organizer will cover all remaining permit and City service costs. The recommendation is to approve the street closure to facilitate the event.
Council Member Pemberton voiced concerns from businesses about the extended Saturday street closure for the Veterans Day event, questioning its necessity when the event begins Sunday. She City Council Minutes
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highlighted the economic impact and said many of the street events in the past in the downtown area have set up on that particular day, start early and then get taken down at midnight.
Ms. Duran explained that this year's street closure is similar to last year's, with an extended time of four hours. She explained the applicant is partnering with Supervisor Hahn's office and they are not open on the weekend there fore they are requesting a morning closure for fencing delivery and setup, as the applicant's small team cannot manage same -day preparation.
Nick Velez, representative of Veterans Stand Together emphasized the Marine Corps Birthday and Veterans Day event's role in addressing PTSD, homelessness, and veteran support. He acknowledged business concerns, proposing a delayed street closure on Saturday to minimize disruption. Highlighting limited resources, he noted reliance on support from Supervisor Janice Hahn's office for setup and stressed the event's economic and community benefits while honoring veterans.
Council Member Frometa highlighted the importance of encouraging the Downey community to utilize the refurbished downtown parking structure for events, emphasizing its ample capacity and the City's significant investment in enhancements. She commended the success of recent events and underscored the importance of addressing critical veterans' issues, including PTSD, resource accessibility, and raising awareness about the high suicide rates among veterans. Council Member Frometa also noted that these events attract visitors to downtown Downey, providing businesses with valuable opportunities to benefit from the increased foot traffic.
Mr. Velez, highlighted that over 20 veteran nonprofit organizations, including the VA and Veteran centers, will participate in the event at no cost, offering free resources to veterans. He emphasized that within a 100-200-mile radius, this event is unique in providing such comprehensive support for the veteran community.
Council Member Pemberton clarified that she has no issue with the event but raised concerns about the fencing used to enclose the perimeter, noting that its height blocks visibility and could limit access to downtown businesses.
Mr. Velez highlighted the event's 13-year success, acknowledged occasional business concerns, and emphasized its community benefits. He encouraged collaboration with local businesses by inviting them to participate with booths, making the event inclusive for both veterans and the public.
Council Member Pemberton noted that the event's fencing restricts access to nearby businesses, reducing visibility and foot traffic. She suggested a later start time to address concerns from affected businesses.
Mayor Pro Tern Sosa praised Veterans Stand Together for their impactful work with local and regional veterans and commended last year's successful event with a strong turnout. He acknowledged the extensive effort required for setup and supported the proposed schedule, emphasizing that it's just one additional day.
Council Member Ortiz requested that fencing this year be placed on the sidewalk instead of near businesses to minimize disruption. The committee agreed.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried 4-0, to approve the applicant's request of a street closure permit beginning on Saturday, November 9, 2024, at 8:00 a.m. and remaining in place through Monday, November 11, 2024, at 2:00 a.m. to accommodate the annual Marine Corps Birthday and Veterans Day Celebration Fundraiser Event.
City Council Minutes
Regular Meeting — October 22, 2024 12
ADJOURNMENT
Mayor Pro Tern Sosa adjourned the Regular City Council Meeting — Open Session at 9:25 p.m. in memory of Orange County Sheriff Deputy Derek Tech, 24, who died while off duty in a scuba diving accident; U.S. Naval Aviators Lieutenants Rina Ulaman, 31, and Lieutenant Commander Lindsey Evans, 31, of the Electronic Attack Squadron, 130, based out of Naval Air Station, Whidbey Island, Washington, who perished while conducting a routine training flight; and, Dodger legend Fernando Valenzuela.
MARIA ALICIA DUARTE„ MC
City Clerk
City Council Minutes
Regular Meeting — October 22, 2024
13 -/� (7L L
HECTOR SOSA
Mayor