MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 14, 2026
The City Council of the City of Downey held a Regular City Council Meeting — Closed Session on January 14, 2025, at 5:32 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Sosa presiding.
PRESENT: Council Members:
Hector Sosa
Dorothy Pemberton
Claudia M. Frometa
Horacio Ortiz
Mario Trujillo
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
Alicia Duarte, CMC, City Clerk
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
Mayor Sosa 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 Sosa asked if there was anyone present who would like to comment on Closed Session items.
Having no one, Mayor Sosa closed public comment.
RECESSED TO CLOSED SESSION
Mayor Sosa 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:
Government Code Section 54956.95 — Liability Claim: Alesia Cookson v. City of Downey, Worker's Compensation Claim No.: 13-117404.
2. Government Code Section 54956.95 — Liability Claim: Perry Miller v. City of Downey, Worker's Compensation Claim No.: 22-165824; WCAB NO.: ADJ16484122.
3. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation Adela Trevizo v. City of Downey et al. Los Angeles Superior Court Case No. 24NWCV01204.
RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Sosa 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 Nos. 1, 2, and 3, no reportable action was taken.
City Council Minutes
Regular Meeting — January 14, 2025
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on January 14, 2025 at 6:33 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Sosa presiding.
PRESENT: Council Members:
Hector Sosa
Dorothy Pemberton
Claudia M. Frometa
Horacio Ortiz
Mario Trujillo
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, Police Chief
Anthony Hildebrand, Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Jason Chacon, Parks & Recreation Director
Austin Ramirez, Economic Development Director
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 Boy Scout Troop 2.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Mayor Pro Tern Pemberton welcomed the audience to the meeting and offered condolences and prayers to victims and first responders impacted by the recent fire and noted the YMCA's support services for those affected. She highlighted upcoming observances, including Martin Luther King Jr. Day and Holocaust Remembrance Day. She congratulated Fire Chief Hildebrand on his swearing -in and reflected on a busy December with City events, including the retirement of Fire Chief Dan Hurlock. She reported attending the Greater L.A. Vector Control District meeting, noting a proposed ballot measure to slightly increase homeowner fees. She thanked City Manager Bradley and Public Works Director Baumgardner for new stop signs installed at Smallwood Ave. in Orange Estates to improve safety following a pedestrian accident. Mayor Pro Tern Pemberton announced that the Downey Police Department will host a 10-week youth academy for residents ages 14 to 18 and encouraged participation. She requested that staff consider creating a permit system for live backyard music events, citing frequent resident complaints about late -night excessive noise, and suggested code enforcement manage compliance rather than police officers. The request was seconded by Council Member Frometa.
Council Member Trujillo welcomed the audience to the meeting and expressed appreciation to staff for the success of the double-decker bus tours, noting that both the historic and holiday tours sold out and that he hoped the event could be held annually. He thanked Meruelo Enterprises for supporting the Fire Department's Toy Giveaway and congratulated Shake Shack on its opening. He requested discussion on possible adjustments to Council stipends, including consideration of a phone allowance or City Council Minutes
Regular Meeting — January 14, 2025 2
mileage reimbursement. The request was seconded by Council Member Ortiz. He requested an update from staff regarding the utility box artwork item. The request was seconded by Council Member Frometa.
Assistant City Manager De Rojas confirmed funding is already allocated for maintenance through the Arts in Public Places program and that staff would coordinate with Public Works to address the issue.
Council Member Trujillo further asked about the City's preparation for the state's electric vehicle transition, requesting a plan for public charging stations and infrastructure readiness by 2035. The request was seconded by Council Member Ortiz. Assistant City Manager De Rojas explained that while communitywide deployment is typically led by the private sector, the City is required by law to provide charging stations for its transportation services and has begun planning in those areas. Staff will prepare a report on the City's progress and planning. Council Member Trujillo revisited the idea of establishing an official City mascot, suggesting collaboration with the Columbia Memorial Space Center or Downey City Library, with the astronaut as a potential theme. City Manager Bradley stated that staff would be bringing that item for Council's consideration at a future Council meeting.
Council Member Ortiz welcomed the audience to the meeting and expressed condolences to those affected by the recent fire and commended first responders. He requested consideration of options to address parking issues in congested areas, including allowing driveway expansions or easing the process for issuing parking permits. The request was seconded by Mayor Pro Tern Pemberton.
Council Member Frometa welcomed the audience to the meeting, wishing them a Happy New Year, and extending condolences to those impacted by the recent fires. She acknowledged the bravery of first responders, including Downey Firefighters deployed through mutual aid, and congratulated newly sworn -in Fire Chief Hildebrand. She noted the community's generosity in donating to fire victims but cautioned that excessive clothing and supply donations can overwhelm relief efforts. She encouraged residents to support established organizations such as the Red Cross and the L.A. County Fire Foundation. She advised vulnerable populations to consider using N95 masks due to air quality concerns, though the City is not currently distributing them. Council Member Frometa requested an update on the City's Emergency Management Plan to ensure preparedness. The request was seconded by Mayor Pro Tern Pemberton. She reported concerns about an increase in homeless encampments near railroad tracks, and unpermitted street vending. She assured residents that the City is actively monitoring these issues and continuing enforcement to protect public safety.
Mayor Sosa welcomed the audience to the first meeting of the year and wished the community a Happy New Year. He reported attending a L.A. County Sanitation District meeting with no reportable action, as well as a L.A. County Board of Supervisors meeting where the City of STEM Science Festival through Downey was officially declared the Science Festival of L.A. County. He congratulated staff for their efforts and noted the next festival will be held in April. Mayor Sosa acknowledged the Citywide response to the Christmas Eve blackout, commending the Police Department, Fire Department, Public Works, City Management, and Edison for their collaboration in restoring power. He recognized the many local businesses and nonprofits contributing to wildfire relief efforts, highlighting the importance of community partnerships during emergencies. He emphasized the Council's commitment to public safety, public works, and fiscal responsibility, stressing the need to maintain healthy reserves to ensure the City is prepared for future emergencies. He requested that City Management invite the Southern California Edison Director to provide a briefing on the blackout incident. The request was seconded by Council Member Frometa. He requested a study on the City's water system infrastructure and funding adequacy.
Council Member Trujillo noted that the City had been contacted by the Little Lake Unified School District in regards to hosting a golf tournament. City Manager Bradley responded that the request would return to Council for their consideration. The request was seconded by Council Member Frometa.
Mayor Sosa highlighted the importance of public safety resources, noting that the Downey Fire Department dispatched two engines to assist with the Pacific Palisades Wildfires and one to the Eaton City Council Minutes
Regular Meeting — January 14, 2025 3
Canyon area while still maintaining sufficient coverage for the City. He thanked Fire Chief Hildebrand for his leadership.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley announced that, in addition to Downey Fire resources, other City staff were deployed to assist neighboring communities during the disaster. Downey Police provided support in Pasadena, Assistant City Manager De Rojas assisted in Malibu, the City's Public Information Officer Axel Perez also contributed, and Emergency Manager Rakdy Khlok was deployed as well. He emphasized the importance of cities sharing resources during emergencies and recognized staff for their hard work.
PRESENTATIONS: None.
PUBLIC HEARINGS
1. PUBLIC HEARING NO. 1 TO CONSIDER AND DISCUSS THE TRANSITION TO EITHER A FIVE
DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT -LARGE ELECTED MAYOR City Attorney/City Clerk.
1) CONDUCTED THE INTRODUCTORY PUBLIC HEARING TO CONSIDER AND DISCUSS
THE TRANSITION TO AN ELECTION SYSTEM CONSISTING OF EITHER FIVE
INDIVIDUAL DISTRICTS OR FOUR DISTRICTS PLUS AN AT -LARGE MAYORAL OFFICE, INCLUDING ANY PUBLIC INPUT; AND;
2) PROVIDED FURTHER DIRECTION TO CITY STAFF
Mayor Sosa opened the Public Hearing at 7:04 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Frometa, seconded by Mayor Pro Tem Pemberton, and carried 5-0, to receive and file the publication.
City Attorney Funk presented an overview of the proposed transition of the City's election system in response to a challenge under the California Voting Rights Act (CVRA). He explained that Downey currently operates under a mixed system with four geographically defined districts and one at -large district, and that the CVRA letter alleged the at -large system could dilute the voting power of a protected class. City Attorney Funk outlined that the City must consider two possible options for compliance:
transitioning to a five -district system, in which District 5 would be converted into a distinct geographic area, or adopting a four -district system with an at -large, directly elected Mayor. He noted that a five - district system would require redrawing district boundaries through a demographer with public input but would maintain the existing rotation process for selecting the Mayor and Mayor Pro Tem. In contrast, the four -district system with an at -large Mayor would eliminate the current rotation process and require voters citywide to directly elect the Mayor, which would also likely necessitate a charter amendment to address term limits and determine the Mayor's term length. City Attorney Funk concluded by noting that most neighboring cities select their Mayors on a rotating basis, while only Long Beach and Whittier have directly elected Mayors.
Council Member Trujillo asked about the practice of large cities in California electing their own Mayors. In response, City Attorney Funk clarified that while major cities such as Los Angeles, San Diego, San Francisco, Fresno, and Long Beach do have directly elected Mayors, those cities typically operate under a "strong Mayor" system in which the Mayor holds executive authority over policymaking and City operations. He explained that if the City of Downey were to adopt a directly elected Mayor, it would not City Council Minutes
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transition to a strong Mayor system but would continue operating under the existing council-manager form of government.
City Attorney Funk explained that the January meeting serves as the first public hearing in the City's consideration of transitioning to either a five -district system or a four plus one system. No formal decision is required at this stage; instead, the Council is to review both options, consider public input, ask questions, and provide direction to staff. A decision on which system to pursue will be made at the next public hearing on January 28. He stated that if the Council chooses a five -district system, a demographic expert will be retained to prepare new electoral maps for review with community input at the third public hearing. If the Council opts for a four plus one system, no new maps will be required since the citywide District 5 seat would simply convert into an at -large Mayoral position. At the fourth public hearing, the Council will either review and select the final district maps (if adopting five districts) or hold the meeting to allow for public comment (if selecting four plus one). City Attorney Funk clarified that state law requires at least four public hearings before any change can be made. Following those hearings, the Council would adopt an ordinance to formally establish the new election system. This ordinance does not require voter approval since it is being adopted in compliance with the California Voting Rights Act (CVRA) in response to a legal challenge. He added that the City's deadline to adopt the implementing ordinance is May 12, 2025, which includes a 90-day extension agreed upon with the prospective plaintiff. If a five - district system is selected, it would take effect beginning with the November 2026 election. If the Council instead approves a four plus one system, the at -large Mayoral position would begin after the current District 5 term expires in 2028, while all other Council seat election schedules would remain unchanged.
Council Member Trujillo asked if the City could negotiate with the attorney representing the prospective plaintiff to agree that any changes to the election system take effect in November 2028, thereby avoiding the need for a special election in 2026. City Attorney Funk responded that such an agreement was possible but clarified that regular elections would still occur in November 2026 for Districts 2 and 4, even if the City transitions to a five -district system. Under that scenario, those elections would be based on the new district boundaries. The new district created under the five -district system would then hold its first election in 2028, along with Districts 1, 3, and 5. He confirmed that a special election would not be required, as the election schedule would continue as planned.
Council Member Trujillo asked whether, if the City transitions to a five -district system, the new district boundaries would need to be drawn to ensure that Mayor Sosa remains within his current District.
City Attorney Funk responded that while that could be a consideration, there are several legal and practical factors that must guide the redistricting process, including population equality, preservation of communities of interest, and maintaining contiguous boundaries. He explained that it is too early to determine what the new districts would look like, as the process would rely on the expertise of a professional demographer. He noted that the new fifth district would have to be created from existing territory, meaning the current four districts would each be reduced in size, but the specific configuration cannot yet be predicted.
Council Member Trujillo asked whether Council Member Ortiz could be affected by the redrawing of district boundaries, noting that shrinking the existing districts could shift their lines. City Attorney Funk confirmed that while the new boundaries could potentially place a sitting Council Member into a different district, state law is clear that no current Council Member's term can be shortened or interrupted as a result of redistricting. He emphasized that each Council Member would continue to serve their full elected term regardless of any boundary changes.
City Attorney Funk noted that public engagement is a key component of the transition process, as required by state law. In addition to the scheduled public hearings, residents are encouraged to provide input through the methods outlined in the presentation. He added that information is available on the City Council Minutes
Regular Meeting - January 14, 2025 5
City's website and social media platforms, and that the public may contact the City Clerk's Office or his office with any questions.
Council Member Trujillo asked whether former Mayors would be eligible to run for the newly created fifth district since it would have no prior electoral history. City Attorney Funk responded that under a five -district system, the existing term limits in the City Charter would still apply because the fifth district would be treated the same as the other four districts. However, under a four plus one system with a directly elected Mayor, the Mayor's position would be considered a new office not currently covered by existing term limits. Therefore, a charter amendment would be required to establish term limits for that office. He added that the Council would also need to determine whether the Mayor's term would be two or four years.
Council Member Ortiz asked for clarification regarding the proposed charter amendment, confirming that it would establish term limits for the newly created mayoral office and would need to be approved by the voters. City Attorney Funk affirmed that the amendment would indeed be subject to voter approval and explained that if the City transitioned to a directly elected Mayor, the first election for that position would take place in 2028. From that point forward, the new charter provision governing mayoral term limits would apply.
Council Member Ortiz asked how the Mayor Pro Tem would be selected under the proposed four - plus -one system, noting that the current process for appointing the Mayor and Mayor Pro Tern would be eliminated if the Mayor became a directly elected position. City Attorney Funk explained that the selection of the Mayor Pro Tern would still be determined by the Council, likely through consensus or a majority vote. City Manager Bradley added that the Mayor Pro Tern role would continue to rotate among Council Members as it currently does, while the only change would be that the Mayor would now be directly elected by voters rather than appointed by the Council.
Council Member Ortiz asked about the cost of transitioning to a five -district system. City Attorney Funk explained that implementing a five -district system would require hiring a professional demographer to create new electoral maps, which would cost approximately $50,000. In contrast, adopting a four -plus - one system would not incur this expense since no new district maps would need to be created, the existing citywide fifth district would simply be converted into an at -large mayoral seat.
Council Member Ortiz asked whether the May 12 deadline was for deciding between the four - plus -one system or the five -district system, or if it also required finalizing the new district boundaries. City Attorney Funk clarified that by May 12, the implementing ordinance would include the finalized maps, meaning both the decision on the system and the district geography would need to be finalized by that date.
Mayor Pro Tern Pemberton asked whether an ordinance would be required for either option and how long it would take for a demographer to redraw district boundaries, suggesting a timeframe of 30 to 45 days. City Attorney Funk confirmed that the maps could typically be completed within that period and expressed confidence that the transition and ordinance implementation could be finalized by the May 12 deadline, noting that while the process may require more than four hearings, state law mandates at least four.
Mayor Sosa asked whether other municipalities with systems similar to Downey's have elected Mayors and how many operate with at large versus district -based elections. City Attorney Funk responded that many nearby smaller cities, such as Lynwood, South Gate, and Maywood, use at large systems rather than district -based ones. He explained that cities where the Mayor is selected by the Council often have at large systems, making Downey's mixed structure somewhat unique. However, City Council Minutes
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under the California Voting Rights Act, even a mixed system like Downey's, despite having only one at large district, is still classified as an at large system.
Mayor Sosa asked about the cost of litigation for the City of Santa Monica, which has been challenging the California Voting Rights Act. City Attorney Funk responded that the case has been appealed to both the California Court of Appeals and the California Supreme Court and has cost the City of Santa Monica more than $20 million to date.
Council Member Frometa asked City Attorney Funk to explain why the issue of Downey's election system has become relevant now, noting that many residents are confused since the City has operated under its current structure for years without issue. City Attorney Funk explained that the matter became pressing after the City received a letter in October alleging that Downey's election system, which includes one at large district alongside four by district seats, violates the California Voting Rights Act. He stated that at large districts are highly susceptible to legal challenges under the Act because they can be shown through relatively simple data analysis to impair the voting influence of protected classes. He emphasized that the City's size and regional prominence make it more noticeable and therefore more likely to be scrutinized. City Attorney Funk added that defending such litigation is extremely costly and difficult, which is why nearly every City that has received a similar challenge, except Santa Monica, has opted to transition to a different election system.
Mayor Sosa asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk Duarte confirmed no written public comments were received.
Mayor Sosa asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
Lee Squire, resident, commented in support of a five -district council with an appointed Mayor.
Timothy Horn, resident, commented in support of a five -district council with an appointed Mayor.
B.C., resident, commented in support of a five -district council with an appointed Mayor.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and so ordered by Mayor Sosa, to close the public hearing at 7:39 p.m.
Mayor Pro Tern Pemberton commented on the challenges and considerations associated with the City's current election system. She noted that campaigning in the at -large District 5 requires significantly more funding than running in the smaller, geographically defined Districts 1 through 4. As a result, many qualified individuals have chosen not to run for office because they lacked the financial resources or connections needed for a citywide campaign. She emphasized that the smaller districts make Council Members more accessible and better able to respond directly to residents' needs, while also lowering the cost of campaigning. Mayor Pro Tern Pemberton highlighted the value of experience within the current system, where Council Members progress through serving as Mayor Pro Tern before being selected as Mayor. She stated that this step-by-step approach ensures that the most experienced individuals assume leadership roles, in contrast to a system where a candidate could potentially spend large sums of money to win a citywide election for Mayor without having prior experience or genuine commitment to the City.
Council Member Frometa agreed that the current system allows Council Members to gain valuable experience before serving as Mayor. She emphasized that this process ensures a well -prepared and knowledgeable leadership team that understands the community and City operations. Council Member Frometa added that the smaller district structure also helps foster closer connections between City Council Minutes
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residents and their elected representatives, making it easier for the public to have their voices heard and for Council Members to address local concerns effectively.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried a 5-0, to transition to an election system consisting of five individual districts.
2. RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN AMENDMENT TO ALLOW THE
CONTINUATION OF INDUSTRIAL USES WITHIN EXISTING BUILDINGS LOCATED IN THE FLEX
TECH/BIO-MEDICAL SUB -DISTRICT AND A ZONING TEXT AMENDMENT TO ADD A DEFINITION FOR "EXISTING FTBM BUILDING" WITHIN DOWNEY MUNICIPAL CODE SECTION 9130: Community Development.
1) INTRODUCED AN ORDINANCE APPROVING A SPECIFIC PLAN AMENDMENT (PLN-24- 00060) TO AMEND TABLE 6-1 OF THE RANCHO LOS AMIGOS SOUTH CAMPUS
SPECIFIC PLAN TO ALLOW EXISTING BUILDINGS TO BE USED FOR SPECIFIC
INDUSTRIAL USES WHEN LOCATED IN SPECIFIC AREAS OF THE FLEX TECH/BIO- MEDICAL SUB -DISTRICT; AND,
2) INTRODUCED AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT (PLN-24- 00060) TO SECTION 9130 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ADD A DEFINITION FOR "EXISTING FLEX TECH/BIO-MEDICAL SUB -DISTRICT (FTBM) BUILDING"
Mayor Sosa opened the Public Hearing at 7:48 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Pemberton, seconded by Council Member Frometa, and carried 5-0, to receive and file the publication.
Community Development Director Huitron introduced the item, explaining that while the specific plan itself is extensive and complex, the proposed amendment is a straightforward modification involving updates to certain tables and sections. She noted that the City's Principal Planner from Sagecrest Planning and Environmental, Laurel Reimer, would be presenting the details of the item.
Principal Planner Reimer provided the staff report for Public Hearing Item, No. 2. She presented the proposed Specific Plan Amendment and Zoning Text Amendment for the Rancho Los Amigos South Campus Specific Plan (PLN 24 00060). She explained that the amendments would allow existing industrial uses within the Flextec Biomedical Subdistrict to continue operating and would add a definition for "existing Flextec Biomedical (FTBM) buildings" to the Downey Municipal Code. The amendments would only apply to the Flextec Biomedical Subdistrict, which serves as an innovation hub supporting the Rancho Los Amigos Rehabilitation Center through a mix of light industrial, office, and research uses.
Principal Planner Reimer provided background on the site, noting that L.A. County owns the land and that the applicant, FDC Partners Rancho LP, holds a 99-year ground lease through 2089. The applicant previously constructed four business park buildings and four warehouse buildings totaling nearly 700,000 square feet. After the adoption of the 2021 Specific Plan, several existing industrial and warehouse operations became legally nonconforming. The proposed amendment would allow those businesses to continue operating, maintain and repair their facilities, and restore them in the event of damage. The Specific Plan's Table 5-1 would be updated to specify that certain industrial uses such as parcel delivery terminals, warehouses, and wholesale distribution are permitted in existing FTBM buildings. A corresponding Zoning Text Amendment would define "existing FTBM buildings" as those established before adoption of the 2021 plan that operated with qualifying uses. The amendment would apply only to the applicant's eight buildings and would not extend to other County owned properties. Principal Planner Reimer confirmed that staff determined the project to be categorically exempt from CFQA under Sections City Council Minutes
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15301 (Existing Facilities) and 15061(b)(3) (Common Sense Exemption), as it involves only text amendments and does not alter existing conditions. The proposal was reviewed by the Planning Commission on November 20, 2024, where it was recommended for approval by a vote of 3-0, with two commissioners absent. No public comments or tribal consultation requests were received. Staff concluded that all required findings could be made and recommended that the City Council introduce the ordinances approving both the Specific Plan Amendment and the Zoning Text Amendment as presented.
Council Member Trujillo asked what would happen after the lease expires in 2089. The applicant explained that there are no provisions for renewal and that, at the end of the 99-year lease, the buildings would revert to Los Angeles County ownership. Council Member Trujillo commended the applicant for maintaining the buildings and landscaping, noting that they enhance the appearance of the area.
Mayor Sosa asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk Duarte confirmed no written public comments were received.
Mayor Sosa asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
B.C., resident, asked if the applicant had been informed regarding the use of the building after the lease expires in 2089.
It was moved by Mayor Sosa, seconded by Mayor Pro Tern Pemberton, and so ordered by Mayor Sosa, to close the public hearing at 8:03 p.m.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried a 5- f 0, to introduce an Ordinance approving a Specific Plan Amendment (PLN-24-00060) to amend table 5-1 of the Rancho Los Amigos South Campus Specific Plan to allow existing buildings to be used for specific industrial uses when located in specific areas of the flex tech/bio-medical sub -district; and, introduce an Ordinance approving a Zoning Text Amendment (PLN-24-00060) to Section 9130 of Article IX of the Downey Municipal Code to add a definition for "existing flex tech/bio-medical sub -district (FTBM) building.
3. IMPLEMENTED PROGRAMS 1.1, 1.3, AND 3.3 OF THE CITY OF DOWNEY HOUSING ELEMENT (2021 — 2029) BY ESTABLISHING TWO NEW HOUSING OVERLAY ZONES, REZONING ONE PARCEL (APN: 6232-020-004) FROM SINGLE FAMILY RESIDENTIAL (R-1) TO MULTI -FAMILY RESIDENTIAL (R-3), MODIFYING AND ADDING NEW SECTIONS TO ARTICLE IX (LAND USE)
OF THE DOWNEY MUNICIPAL CODE, ADOPTING OBJECTIVE DESIGN STANDARDS, AND CERTIFYING A CEQA NEGATIVE DECLARATION: Community Development. 1) INTRODUCED AN ORDINANCE APPROVING ZONING TEXT AMENDMENTS TO SECTIONS 9302 AND 9328 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING ELEMENT AND CERTIFICATION OF A NEGATIVE DECLARATION;
2) INTRODUCED AN ORDINANCE AMENDING THE CITY'S ZONING MAP TO REZONE ONE PARCEL (APN: 6232-020-004) FROM SINGLE-FAMILY TO MULTIPLE -FAMILY AND IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING ELEMENT, AND; 3) ADOPTED RESOLUTION NO. 25-8287 OF THE CITY COUNCIL OF THE CITY OF
DOWNEY APPROVING OBJECTIVE DESIGN STANDARDS FOR MULTI -FAMILY
RESIDENTIAL HOUSING DEVELOPMENT AND MIXED -USE DEVELOPMENT Mayor Sosa opened the Public Hearing at 8:06 p.m.
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City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Pemberton, seconded by Council Member Ortiz, and carried 5-0, to receive and file the publication.
Community Development Director Huitron introduced the item, noting that it represents a major effort the Community Development Department has been working on for several years. She explained that the City's certified Housing Element requires the implementation of various programs, some of which must be completed within tight deadlines to maintain compliance and good standing with the California Department of Housing and Community Development (HCD). The Phase 1 programs being presented have the most immediate deadlines, while future meetings will address additional programs with longer timelines as part of the City's comprehensive General Plan update. Director Huitron then introduced Laura Stetson, Principal with MIG Consulting, to present the Phase 1 Housing Element implementation programs.
Ms. Stetson presented an overview of the zoning revisions required to implement the City's certified Housing Element and maintain compliance with state housing mandates. She explained that Downey must plan for 6,525 housing units, but current zoning only accommodates about 2,000 units, leaving a shortfall of roughly 4,400 units that must be addressed through rezoning and new housing policies. Ms. Stetson outlined that the proposed updates include establishing two new residential overlay zones, rezoning one parcel from R1 to R3, and adopting objective design standards for multi -family housing. She noted that these actions fulfill three specific programs in the Housing Element required by the State Department of Housing and Community Development and are necessary to preserve the City's certified status, which protects Downey from penalties and allows eligibility for housing and transportation grants. She explained that the two proposed overlays would give property owners the option to maintain existing commercial or industrial uses while allowing residential or mixed -use projects. The first overlay, HOU 1, would allow densities between 18 and 40-units per acre, and the second, HOU 2, would permit up to 30 units per acre. Principal Stetson emphasized that these zoning changes and design standards are critical to ensuring the City meets its housing obligations, supports future residential development, and continues to qualify for state funding and incentives.
Council Member Ortiz asked how the density range of 18 to 40-units per acre was determined and whether it was specifically set to meet the City's housing requirements. Ms. Stetson explained that the range was established to give property owners the option to develop housing while ensuring the City meets its state -mandated capacity of 6,500 units. She clarified that there is no requirement for property owners to build housing but that projects exceeding the 40-unit threshold would require Planning Commission review.
Council Member Ortiz asked whether the City could limit the number of housing units allowed in certain areas, noting concern that reducing density might prevent Downey from meeting its state housing requirements. Ms. Stetson clarified that projects within the approved 18 to 40-unit range would be reviewed at the staff level and would not require Planning Commission or City Council approval, but any proposal exceeding or falling below that range would be subject to Planning Commission review and possible Council appeal.
Director Huitron explained that the 18 to 40-unit density range was determined through a detailed analysis of multiple parcels across the City as part of the Housing Element process. Staff evaluated each parcel's size and physical constraints, such as utility lines or narrow lot shapes, to estimate the realistic number of units that could be developed. She noted that the state requires cities to calculate these estimates to demonstrate how they will meet their Regional Housing Needs Allocation (RHNA) targets.
The 18 to 40-range reflects the variety of parcel sizes and conditions in Downey and ensures the City can achieve the total number of housing units assigned by the state.
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Ms. Stetson clarified that the 18 to 40-unit range refers to the number of units allowed per acre, not per parcel. She explained that the total number of units depends on the size of the property. A half - acre parcel could accommodate roughly 9 to 20-units. She emphasized that this distinction is important for understanding how density is applied in the zoning framework.
Principal Stetson explained that the proposed overlay zones would allow multi -family housing and, in some areas, mixed -use developments combining residential and commercial uses. Projects with at least 20% affordable housing would be approved by right under state law. The overlays mirror existing R-3 zoning standards, maintaining similar building heights, setbacks, and open space requirements to preserve Downey's character. She noted that the overlays would apply to select parcels, including areas along Paramount Blvd., Downey Landing, and Stonewood Center, where housing could be added to existing parking areas without removing commercial uses. Projects meeting all zoning and design requirements would be approved at the staff level, while others would go to the Planning Commission.
Ms. Stetson described the new Objective Design Standards, which establish clear, measurable guidelines for architecture, site layout, and landscaping to ensure high -quality, well -designed developments. A compliance checklist will help streamline project review.
Council Member Frometa asked how the City can ensure that new developments maintain Downey's historic charm and architectural consistency while still complying with state housing mandates.
Ms. Stetson explained that the Objective Design Standards focus on ensuring quality development through clear requirements such as building articulation and massing, but they do not prescribe specific architectural styles, which is more complex for multi -family housing.
Director Huitron added that the City is also developing a local historic preservation program as part of the General Plan update. This includes creating historic context statements to document Downey's architectural history, mapping development patterns, and identifying significant neighborhoods and styles. The City will use this information to guide compatible new development by incorporating preferred materials and design elements that reflect Downey's character. She noted that the City is preparing architectural style guides to educate developers, realtors, and residents about Downey's historical design traditions, helping balance growth with preservation.
Council Member Frometa expressed appreciation for the effort to preserve Downey's architectural consistency, emphasizing the importance of maintaining cohesive design styles within neighborhoods and protecting the City's historic character. She noted that long-time residents value the distinct charm of Downey's neighborhoods and that residents should know thoughtful planning is guiding the process.
Director Huitron added that the Objective Design Standards will remain flexible, allowing for future adjustments and clarifications as needed to ensure they continue to support clear, consistent, and context -sensitive development.
Ms. Stetson explained that the Planning Commission first held a study session to discuss the Objective Design Standards and provide feedback, which was incorporated before the formal Public Hearing on December 4. No members of the public spoke at that Public Hearing, and the Planning Commission unanimously recommended adopting resolutions to revise the zoning map, amend the zoning code to establish new housing overlays, and adopt the Objective Design Standards by Resolution.
She noted that two public comments were received: one expressing concern about potential eminent domain related to a proposed overlay at 9449 Nance Ave., which she clarified would not occur since the overlay simply provides optional development flexibility for property owners; and another requesting the removal of 10456 Downey Ave. from the overlay zone, which Director Huitron confirmed had already been addressed.
Council Member Trujillo asked if the public comment referenced the McDougall House property.
Director Huitron confirmed it did and clarified that the concern came from a neighboring property owner, City Council Minutes
Regular Meeting — January 14, 2025 11
not the property within the housing overlay. She explained that the McDougall House property is already zoned R-3 with a multi -family general plan designation, and the change simply adjusts the density range to bring it into compliance with state requirements rather than altering its land use designation.
Ms. Stetson concluded by noting that the adoption of the ordinance was reviewed under the California Environmental Quality Act (CEQA), building upon the prior environmental analysis completed for the Housing Element. She confirmed that required tribal consultation had been conducted and completed.
Mayor Sosa asked whether any cities had successfully pushed back against the state's housing requirements. City Manager Bradley responded that several jurisdictions have attempted to challenge or delay compliance with the RHNA and housing element deadlines, but the state has taken strong enforcement actions against them. He noted that the HCD has contacted Downey's legal counsel to ensure the City meets its deadline, warning that failure to do so could result in legal action. He emphasized that without a compliant housing element, the City would lose local control under the "builder's remedy," allowing developers to bypass City standards and build at higher densities without restrictions.
Mayor Sosa asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk Duarte confirmed two written public comments were received.
Alan Arambula, resident, commented in opposition to the proposed action and location for affordable housing development projects.
Jim Rodriguez, resident, commented requesting to exclude the McDougall residence at Cherokee Dr. and Downey Ave. from the proposed overlay zoning.
It was moved by Mayor Pro Tern Pemberton, seconded by Council Member Frometa, and carried 5-0, to receive and file written public comment.
Mayor Sosa asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
B.C., resident, commented in opposition to the state housing mandate.
Speaker No. 2, no name provided, commented in opposition to the state housing mandate.
It was moved by Council Member Ortiz, seconded by Mayor Pro Tern Pemberton, and so ordered by Mayor Sosa, to close the Public Hearing at 8:52 p.m.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried a 5- 0, to introduce an Ordinance approving the Zoning Text Amendment to Sections 9302 and 9328 of Article IX of the Downey Municipal Code to implement the New Housing Overlays of the 2021 through 2029 Housing Element and certification of a Negative Declaration; introduce an Ordinance amending the City's Zoning Map to rezone one parcel, APN 6232020-004, from single-family residential to multiple -family residential; and, adopt Resolution No. 25-8287, approving Objective Design Standards for multi -family residential Housing Development and Mixed -Use Development.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS City Council Minutes
Regular Meeting — January 14, 2025 12
Mayor Sosa 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 public comment was received.
Sergio Proa, resident, commented in regards to an update for the Furman Park Baseball Lights project.
It was moved by Mayor Pro Tern Pemberton, seconded by Council Member Ortiz and approved 5-0, to receive and file written public comment.
Mayor Sosa asked City Clerk Duarte if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Lee Squire, resident, commented regarding Holocaust Remembrance Day and Martin Luther King Jr. Day.
Steve Roberson, commented in regards to adding the additional funding request from the Y.M.C.A on the next scheduled Council meeting.
B.C, resident, commented in opposition to the state housing mandate.
Gloria Vasquez, resident, commented in regards to the lack of Christmas decorations in the City during the holiday season.
Speaker No. 5, no name provided, commented in regards to fire prevention ideas for the City.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and so ordered by Mayor Sosa to close public comment.
CONSENT CALENDAR
Item No. 5 was pulled by staff and will be brought back at a future Council Meeting.
It was moved by Council Member Ortiz, seconded by Council Member Frometa, and carried 5-0, to approve the remainder of the Consent Calendar.
4. WARRANTS ISSUED: Warrant Nos. 383930-384962; Payroll Wire Nos. 30004505, 30004509, 30004525, 30004528-30004530, 30004532-30004534, 30004536, 30004537, and 30004539; EFT Nos. 14135-14235; and, Manual Wire Nos. 2614-2626 in the total amount of $15,863,447.57:
Finance.
Item No. 5 was not considered.
5. APPROVAL OF A CONSTRUCTION CONTRACT FOR THE RESIDENTIAL STREETS PAVEMENT REHABILITATION — AREA 3, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 22-22: Public Works.
1) AWARD A CONTRACT TO R.J. NOBLE COMPANY IN THE AMOUNT OF $3,793,751 FOR THE RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 3 PROJECT, CIP NO. 22-22; AND,
City Council Minutes
Regular Meeting — January 14, 2025 13
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH R.J. NOBLE COMPANY IN THE AMOUNT OF $3,793,751, INCLUDING ANY NON -SUBSTANTIVE EXTENSIONS, CHANGE ORDERS,
PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $5,203,000
6. ACCEPTANCE OF WORK FOR THE ALLEYS NORTH OF FOSTER ROAD PAVEMENT REHABILITATION CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-02: Public Works. 1) ACCEPTED THE WORK FOR THE ALLEYS NORTH OF FOSTER ROAD PAVEMENT REHABILITATION PROJECT, CIP NO. 23-02,
2) APPROVED SEQUEL CONTRACTORS INCORPORATED'S FINAL CONSTRUCTION CONTRACT AMOUNT OF $817,606.69; AND;
3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE
OF COMPLETION FOR THE PROJECT INDICATING THE WORK IS COMPLETE AND
HAS BEEN ACCEPTED BY THE CITY
7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT FOR
CONSTRUCTION BIDS FOR THE CITYWIDE SEWER IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-24, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15302 CLASS 2(C): Public Works.
APPROVED THE PLANS AND SPECIFICATIONS, AND AUTHORIZED THE SOLICITATION OF CONSTRUCTION BIDS FOR THE CITYWIDE SEWER IMPROVEMENTS, CIP NO. 24-24
AND FURTHER FINDING THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS CONTAINED IN CEQA UNDER SECTION 15302 CLASS 2(C)
8. APPROVAL OF LANDSCAPING MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION: Public Works.
1) APPROVED THE AGREEMENT WITH CALTRANS FOR THE MAINTENANCE OF THE
LANDSCAPING, LIGHTING AND IRRIGATION WITHIN THE STATE-OWNED AREA LOCATED ADJACENT TO THE 1-5 FREEWAY OCCUPIED BY THE VACATED PORTION
OF DOLLISON DRIVE AND REMNANT RESIDENTIAL LOTS BETWEEN FAIRFORD AVENUE AND CECILIA STREET, AND;
2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
AGREEMENT WITH CALTRANS, INCLUDING ANY NON -SUBSTANTIVE EXTENSIONS
AND/OR AMENDMENTS
9. APPROVED AN EXCLUSIVE NEGOTIATING AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC: Administration.
APPROVED THE EXCLUSIVE NEGOTIATING AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC. FOR THE DESIGN AND DEVELOPMENT OF THE RANCHO LOS AMIGOS SOUTH CAMPUS FOR A 12-MONTH TERM BEGINNING ON JANUARY 15, 2025 AND TERMINATING ON JANUARY 15, 2026 WITH AN OPTION TO EXTEND FOR AN ADDITIONAL 12-MONTH TERM
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Regular Meeting — January 14, 2025 14
10. UPDATE TO THE CITY OF DOWNEY PAVEMENT MANAGEMENT PROGRAM: Public Works.
RECEIVED AND FILED A REPORT FOR THE 2024 PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
11. 2026 CITY OF DOWNEY LEGISLATIVE PLATFORM: Administration. 1) ADOPTED THE 2025 LEGISLATIVE PLATFORM; AND,
2) AUTHORIZED THE MAYOR (OR MAYOR PRO TEM IN THE MAYOR'S ABSENCE) TO
SIGN POLICY AND POSITION LETTERS WITHIN THE GUIDELINES OF THE PLATFORM
12. APPROVAL OF THE COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2025:
Administration.
APPROVED THE COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2025
13. APPROVED APPOINTMENT TO THE 2024 - 2025 DOWNEY YOUTH COMMISSION TO FILL DISTRICT 5 VACANCY: Parks and Recreation.
APPROVED THE APPOINTMENT OF ONE (1) APPLICANT TO THE 2024 - 2025 DOWNEY YOUTH COMMISSION TO FILL DISTRICT 5 VACANCY
14. AUTHORIZATION OF A STREET CLOSURE REQUEST —13th ANNUAL 5K FOR TRUE LASTING CONNECTIONS FAMILY RESOURCE CENTER EVENT: Parks & Recreation.
AUTHORIZED THE FOLLOWING STREET CLOSURES FOR THE ANNUAL 5K FOR THE
TRUE LASTING CONNECTIONS FAMILY RESOURCE CENTER EVENT SCHEDULED FOR SATURDAY, FEBRUARY 22, 2025 FOR THE FOLLOWING STREETS:
• RIVES AVENUE BETWEEN HONDO STREET AND LEEDS; AND,
• QUILL DRIVE BETWEEN OLD RIVER SCHOOL ROAD AND MORNING AVENUE, ON
RICHEON AVENUE BETWEEN QUILL DRIVE AND HONDO STREET
ADMINISTRATIVE REPORTS
15. APPOINTMENTS OF CITY COUNCIL MEMBERS TO THE INTER -GOVERNMENTAL AGENCIES AND COUNCIL SUBCOMMITTEES FOR 2025: City Clerk.
APPROVED THE CITY COUNCIL APPOINTMENTS TO THE INTER -GOVERNMENTAL AGENCIES AND COUNCIL SUBCOMMITTEES FOR 2025
City Manager Bradley introduced the staff report for Item No. 15. He explained that it pertains to the annual appointments of Council Members to various intergovernmental agencies and Council subcommittees. He then turned the discussion over to the Councilforconsideration.
Council Member Frometa requested to continue serving as the primary representative on the 1-5 Joint Powers Authority, noting that she has served as the Chair for the past several years. She highlighted the significant progress made on freeway redesign projects, including work related to the 1-605 and 1-5, which directly impact properties in District 1. She expressed her desire to maintain her current role, with Council Member Ortiz as the alternate. Council Member Ortiz asked Council Member Trujillo if he agreed City Council Minutes
Regular Meeting — January 14, 2025 15
with him serving as alternate. Council Member Trujillo agreed to have Council Member Ortiz serve as the alternate.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Pemberton, and carried 5-0, to approve the City Council appointments to the Inter -governmental Agencies and Council Subcommittees for 2025 as presented with Council Member Frometa serving as the primary and Council Member Ortiz serving as the alternate for the 1-5 Joint Powers Authority.
16. UPDATE REGARDING THE ANNUAL COMPREHENSIVE REPORT (ACFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2024: Finance.
RECEIVED AN UPDATE REGARDING THE CITY'S ANNUAL COMPREHENSIVE REPORT (ACFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2024
Assistant City Manager De Rojas provided the staff report for Item No. 16. She presented an overview of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2024, explaining that the report represents the final accounting of the City's annual budget cycle and summarizes revenues and expenditures in accordance with Generally Accepted Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB). She stated that the ACFR is organized into three sections: introductory, financial, and statistical, and is reviewed by an independent auditor to ensure accuracy. Assistant City Manager De Rojas discussed the Government Finance Officers Association (GFOA) program, noting that the City of Downey has received the Certificate of Achievement for Excellence in Financial Reporting for 25 consecutive years and expects to maintain that standard. She emphasized that transparent communication of City finances is a priority under the Downey Forward 2030 Strategic Plan and that the ACFR, along with prior reports, is publicly available on the City's website. Assistant City Manager De Rojas commended Finance staff for their extensive effort in preparing the report and producing a clean audit, recognizing Finance Manager Francesca Navarro, Senior Accountant Sulema Martinez, and Contract Principal Accountant Christy Valencia for their work before inviting Finance Manager Navarro to present the financial highlights.
Finance Manager Navarro reported on the ACFR for the fiscal year ending June 30, 2024. She stated that the City's independent auditor, LSL, issued an unmodified or clean opinion dated December 20, 2024, indicating that the City's financial statements are free of any material misstatements, which represents the highest level of assurance in financial reporting. She explained that the ACFR presents the City's financial statements in two formats: government -wide financial statements and fund financial statements. The government -wide statement of net position, similar to a private sector balance sheet, accounts for all assets and liabilities, including capital assets and long-term debt. As of June 30, 2024, the City's assets exceeded its liabilities by $246 million, reflecting an increase of $11.5 million from the prior year. Finance Manager Navarro noted that this demonstrates the City's strong financial standing.
The City's governmental funds reported a combined ending balance of $120.5 million, with the General Fund comprising $59.1 million of that total. Of the General Fund balance, $8.8 million is non -spendable, $35.9 million is reserved per City policy, $10.1 million is allocated for the Columbia Memorial Space Center building expansion, and $4.1 million is designated for the Woodruff Street projects. Finance Manager Navarro concluded that revenues continue to exceed expenditures, underscoring the City's strong financial position, and then turned the presentation back to Assistant City Manager De Rojas to discuss the Measure S audit.
Assistant City Manager De Rojas explained that this year's ACFR includes a new feature initiated by the City Manager's Office to enhance transparency regarding Measure S funds. She noted that while the Measure S Citizens' Oversight Committee already prepares an annual report detailing revenues and expenditures, this year the City incorporated a separate independent auditor's report on compliance and internal controls over compliance specifically for Measure S. Assistant City Manager De Rojas stated that City Council Minutes
Regular Meeting — January 14, 2025 16
the auditors concluded the City complied in all material respects with the requirements of Measure S and reaffirmed the City's commitment to responsibly managing voter -approved funds. She added that this new report will continue to be included in future ACFRs and that the City plans to prepare a similar compliance report for Measure D to further promote transparency. She concluded by inviting Finance Manager Navarro to introduce the auditors for their final comments regarding the audit.
Auditor Supervisor Kaley Gonzalez from LSL provided an overview of the audit process via Zoom.
She explained that LSL performs the City's financial statement audit in accordance with Generally Accepted Auditing Standards (GAGAS) and Government Auditing Standards. The audit is conducted in two phases: an interim phase around May, which focuses on internal controls and provides best practice recommendations, and a year-end fieldwork phase in September and October, which involves detailed testing of transactions, accounts, and balances, as well as grant activity. Ms. Gonzalez reported that LSL issued an unmodified, or clean, auditor's opinion for the Fiscal Year ended June 30, 2024, confirming that the City's financial statements are accurate and reliable. She stated that the independent Measure S compliance review found no issues or instances of noncompliance. There were no significant deficiencies, material weaknesses, or instances of fraud, waste, or abuse identified. Ms. Gonzalez noted that there were no disagreements with management regarding accounting principles, no difficulties during the audit, and that all estimates used in the financial statements were deemed reasonable. She concluded by commending the City's Finance Department for their professionalism, responsiveness, and cooperation throughout the audit process.
Council Member Frometa thanked staff for the report and congratulated them on the City's continued record of fiscal prudence, responsibility, and transparency. She stated that Downey has long been recognized for its sound financial management and expressed satisfaction that this tradition continues. Council Member Frometa added that it is important to publicly highlight these achievements and share them with local media, especially in a time when fiscal irresponsibility is common elsewhere.
Mayor Pro Tern Pemberton commended City staff for their hard work on the comprehensive financial report, noting that it is detailed and informative. She stated that the report provides valuable insight into the City's accomplishments and operations and emphasized the importance of transparency for local governments.
After the presentation, no Council action was taken for Item No. 16.
Council Member Trujillo abstained from Item No. 17, due to owning property in the Downtown Downey area and left the Council meeting at 9:37 p.m.
17. DISCUSSION REGARDING POTENTIAL BUFFER ZONES FOR REGULATING LOCATION OF BARS, NIGHTCLUBS, AND LIVE ENTERTAINMNET ESTABLISHMENTS: Community Development.
PROVIDED STAFF DIRECTION REGARDING THE POTENTIAL ESTABLISHMENT OF A 500-
FOOT BUFFER AROUND SENSITIVE USES, INCLUDING SCHOOLS, CHILD CARE,
HOSPITALS, AND SENIOR CENTERS, TO REGULATE THE LOCATION OF NEW BARS,
NIGHTCLUBS, AND LIVE ENTERTAINMENT ESTABLISHMENTS
Community Development Director Irma Huitron introduced the item regarding the evaluation and potential regulation of bars, nightclubs, and live entertainment establishments. She reminded the Council that this topic was first presented early last year, with an update provided in the spring that included several regulatory options for consideration. Following that discussion, the Council directed staff to explore potential buffer zone requirements, which required detailed mapping and analysis to identify the exact locations of such establishments citywide. Director Huitron stated that the City engaged Sagecrest City Council Minutes
Regular Meeting — January 14, 2025 17
Environmental Planning to assist with this work and introduced Vice President Lindsay Ortega, who would be presenting the findings and recommendations for the Council's review.
Ms. Ortega of Sagecrest Planning and Environmental presented an analysis of potential buffer zones to regulate the locations of bars, nightclubs, and live entertainment establishments in the City of Downey. She explained that Council had previously requested this study to better understand how such establishments relate to sensitive uses like schools, hospitals, child care facilities, and senior centers.
Ms. Ortega noted that while the California Department of Alcoholic Beverage Control (ABC) governs liquor licensing and regulation, cities like Downey can regulate aspects of alcohol -related businesses through Conditional Use Permits (CUPs). Currently, Downey requires CUPs for bars, nightclubs, and live entertainment and mandates a 100-foot minimum separation from residential uses in commercial zones.
There are approximately 12 such establishments citywide, several of which are legal nonconforming uses. Three policy options were presented. Option 1 would establish a 500-foot buffer zone prohibiting new bars, nightclubs, and live entertainment venues from locating near sensitive uses. Existing establishments would be allowed to continue as legal nonconforming uses. Option 2 would allow such businesses within buffer zones but impose additional operating standards, such as limits on hours, sound levels, or the number of establishments in an area. Option 3 would retain the current regulations with no changes. Ms. Ortega concluded by recommending that the City Council provide direction on whether to establish a 500-foot buffer zone or pursue another regulatory approach to better manage the placement of these entertainment -related businesses.
Mayor Sosa asked whether the proposed options would apply only to new businesses or include existing establishments. Ms. Ortega clarified that the regulations would apply to new businesses moving forward, while existing establishments located within the buffer zones would be allowed to continue operating as usual. It was noted that businesses within the Downey Downtown Specific Plan area would be excluded from these regulations.
Council Member Frometa stated that the report was clear and consistent with prior discussions.
She explained that the intent behind the Council's earlier direction was to prevent new bars, nightclubs, or live entertainment establishments from opening near sensitive uses. After reviewing the three proposed options, she expressed support for Option 1, which would establish 500-foot buffer zones while allowing existing businesses to continue operating as legal nonconforming uses. She noted that this approach best aligns with the Council's original goal of protecting the community from future incompatible business locations.
Council Member Ortiz sought clarification on Option 2, asking whether new businesses would still be permitted to operate within a buffer zone if they complied with the City's requirements. Ms. Ortega confirmed that under Option 2, each proposal would be reviewed individually, with specific parameters developed to evaluate its suitability. Factors such as hours of operation, type of establishment, and proximity to sensitive uses would be considered, and any proposed business would require review and approval by the Planning Commission.
Council Member Ortiz shared that based on his experience as a former Planning Commissioner, businesses seeking to operate as bars, nightclubs, or live entertainment venues already face a thorough review process through CUPs. He expressed caution about adding further restrictions, emphasizing the importance of supporting new businesses in Downey, particularly in his District where the Promenade could benefit from more entertainment and dining options. While understanding the intent behind the proposed regulations, he stated he was hesitant to impose additional limitations that might discourage investment or business growth.
Council Member Frometa expressed that the discussion primarily concerns bars and nightclubs, which already have specific regulations in place. She noted that while the City strives to remain business - City Council Minutes
Regular Meeting — January 14, 2025 18
friendly, enforcement of rules such as noise levels, operating hours, and other standards can be challenging once approvals are granted. For that reason, she expressed support for establishing clear buffer zones to provide consistency and prevent potential conflicts near sensitive areas such as schools, hospitals, child care facilities, and senior centers. She added that exceptions could be explored for undeveloped areas like the back 20 lot, where future development opportunities still exist.
Mayor Pro Tern Pemberton referred to establishment number 12 on the chart, located in the Promenade area, and clarified that its inclusion is due to its proximity to the hospital rather than a school.
She explained that the proposed buffer zones help balance community concerns by maintaining distance between bars or nightclubs and sensitive areas such as schools or senior housing without overly restricting business opportunities. She emphasized that the goal is to protect residents such as students walking nearby or seniors affected by noise while still supporting responsible business activity. She expressed support for the approach proposed by her council colleagues, noting that it aligns with the City's original intent to address resident complaints about noise and safety concerns associated with certain establishments.
Council Member Ortiz asked Director Huitron about how the City evaluates and regulates noise levels and other restrictions for businesses during the Planning Commission process. Director Huitron explained that the current process requires restaurants with live entertainment to obtain a CUP, during which staff reviews the applicant's operations, floor plan, noise control measures, hours of operation, and building layout. She noted that Option 2 would strengthen this process by creating a clear list of operational requirements upfront, ensuring applicants understand expectations from the beginning.
These could include soundproofing measures, relocating doors away from sensitive uses, installing thicker windows, and conducting noise studies.
Council Member Ortiz stated that allowing the proposed option with its requirements, combined with review by the Planning Commission and final consideration by the City Council, would ensure that the City maintains control over what types of establishments are approved before restricting where they can operate.
Mayor Pro Tern Pemberton expressed concern that enforcement often falls on residents who must repeatedly file complaints about excessive noise from bars that fail to comply with regulations. She stated that residents should not have to serve as enforcers and emphasized the need for businesses to operate responsibly and in compliance with the City's established noise standards.
Mayor Sosa asked if the technical difference between Options 1 and 2 was that one establishes a strict requirement. Director Huitron confirmed that Option 1 would create a hard restriction preventing any new business from operating within 500 feet of a sensitive use, meaning those applicants would be ineligible for an entertainment CUP. In contrast, Option 2 would allow businesses within the buffer zone but subject them to additional operational requirements. She added that both options could also be combined if desired.
Council Member Frometa asked Director Huitron to clarify how Options 1 and 2 could work together, noting that Option 2 proposes a 500-foot buffer but allows establishments to operate under specific requirements. Director Huitron explained that both options could be combined, with Option 1 establishing a strict buffer zone where new businesses could not operate, while elements of Option 2 such as operational standards could still be applied within that buffer area to strengthen regulation and enforcement.
Council Member Frometa asked how the proposed regulations would affect future restaurants or entertainment uses in the Promenade area, given its proximity to the hospital and its role as an active dining destination. Ms. Ortega explained that under Option 1, most of the Promenade would be restricted City Council Minutes
Regular Meeting — January 14, 2025 19
from new bars, nightclubs, or live entertainment establishments due to the 500-foot buffer from the hospital. She added that the impact would depend on whether the buffer applies to the entire parcel or only to individual tenant spaces, noting that if applied to tenant spaces, portions beyond the buffer could still accommodate such uses.
City Manager Bradley asked Council Member Frometa if she was asking if the Promenade area could be exempt from the proposed buffer regulations. Council Member Frometa clarified that her concern was to avoid making a decision that could hinder the area's future development, given that it remains an active and evolving project. Director Huitron responded that the City could exclude the Downey Landing and Downey Promenade areas from the ordinance, similar to how the Downtown Downey Specific Plan area was previously exempted, noting that this approach would provide flexibility as the area continues to develop.
Council Member Ortiz emphasized the rising costs of operating a business, noting that obtaining a CUP costs $7,350. He expressed concern that additional restrictions could discourage new restaurants and businesses from opening in Downey. Council Member Ortiz stated that he supports Option 2 because it allows the City to maintain safety and community standards while remaining business -friendly, rather than prohibiting certain uses entirely as in Option 1. He urged the Council to consider the financial burden and existing review processes before making a final decision.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Pemberton, and carried 3-0, with Council Member Ortiz voting no and Council Member Trujillo absent, to approve Option 1 with the exclusion of the Downey Landing and the Downey Promenade.
ADJOURNMENT
Mayor Sosa adjourned the Regular City Council Meeting — Open Session at 9:25 p.m. in memory of Firefighter Kevin Skinner, 25-year veteran of the Orange County Fire Authority who lost his life while on duty due to a medical emergency; the 14 victims of the New Orleans terrorist attack; the victims of the Los Angeles Wildfires; and, Jimmy Carter, the 39th President of the United States.
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City Council Minutes
Regular Meeting — January 14, 2025
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Mayor
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