City Council - Regular Meeting

Good evening. I would like to call to order the regular City Council meeting closed session. The time is 533. City Clerk Duarte, would you please take roll?

Yes, Mayor. Council Member Pemberton? Present. Council Member Sosa? It's excused. Council Member Trujillo? Here. Mayor Proctor-Mortiz?

Present.

And Mayor Frometa? Present.

Do we have any written public comment regarding the closed session item?

We do not, Mayor.

OK. And I don't see any members of the public in attendance. I will go ahead and close public comment. The City Council will now recess to closed session under the following authorities. Government Code Section 54957.6, Conference with Labor Negotiator James McQueen, Director of Human Resources, regarding the direction for labor negotiations with the Downey Police Management Association. We will now recess to closed session. The time is 534. Okay, good evening, everybody. Thank you for joining us. I will now reconvene the regular council meeting closed session. City Attorney Funk, will you please report the closed session item?

Yes, good evening, Mayor and Council and members of the public. In tonight's closed session, the City Council considered all items that were agendized for closed session. There is no reportable action from tonight's proceedings. Thank you.

Thank you, Attorney Funk. Before we begin the regular city council meeting open session, I would like to remind members of the audience that anyone wishing to speak during public comment must obtain a number card from the city clerk. Number cards should not be exchanged with other meeting attendees. If you decide not to speak after taking a number or decide to leave the meeting early, you must return the number card to city staff. If you did not obtain a number and wish to speak, please proceed to the back of the room and city staff will issue you a number card. Lining up during public comment will not be permitted. Each speaker should remain in their seat until the number is called. The time clock will begin when you begin your comments. Per the city's council meeting rules and for fire safety regulations, all persons shall remain seated unless addressing the council or entering or leaving the chambers. Standing in the aisles or along the walls is prohibited. I will now call to order the regular city council meeting open session. The time is 6.32. City Clerk Duarte, would you please take roll?

Yes, Mayor. Council Member Pemberton? Present. Council Member Sosa? Present. Council Member Trujillo? Here. Mayor Proctor-Mortiz? Present. And Mayor Frometa?

Present. At this time, I would like to ask Pastor David Santana from Action Faith Ministries to lead us in the invocation. Please stand.

it's david sariniana but i'll take santana that sounds like a famous name it is my blessing to be here with all of you and if you can please uh close your eyes and bow your head uh join me in prayer father god we thank you this amazing evening thank you for the blessing of life thank you for thinking about all of us even before the creation of this world Thank you for choosing us for this amazing time in history. I pray, Father God, that every member of this council, the mayor, and every member of the staff, Father God, and every member of this administration, I pray for them. I pray for their families. I pray for a spirit of wisdom to just govern their hearts and their minds, Father God, to continue to do an amazing job in serving the residents of the city of Downey. I pray for your blessings upon every project that is going to bring and further the vision of growth of this city. I pray that your Holy Spirit continues to guide us to all truth and all righteousness. And I pray for your protection and your continued guidance in the name of Jesus. I pray. Amen.

Thank you, Pastor David. If we can remain standing and I will call for the flag salute, Girl Scout Troop 3648. You can go in front of the microphone and lower it. There you go. Thank you.

Please join me in the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, for liberty and justice for all.

Thank you, Girl Scout troop. You did a phenomenal job. Thank you. You may be seated. We have five presentations this evening. But before we do that, I wanted to officially welcome everyone. And yesterday on Memorial Day, we paused to honor the brave men and women of our armed forces who gave their lives in service to our nation. If there are any veterans in the audience tonight, would you please stand? Thank you for your service. Memorial Day is more than the unofficial start of summer. It is a solemn reminder of sacrifice, duty, courage, and love of country. The freedoms we enjoy today were paid for by Americans who believe something greater than themselves was worth defending. They came from different backgrounds, different political beliefs, different walks of life, yet they stood united in service to this nation and to the values of democracy. At a time when our country feels increasingly divided, Memorial Day should also remind us of something else. The disagreement must never become dehumanization. Across this nation, we are witnessing a troubling erosion of civility in our public discourse, including among elected officials and community leaders who should be setting the example. Passion and disagreement are part of democracy. They will always be. But intimidation, personal attacks, hatred, and political hostility cannot become the norm. We owe our residents, our youth, we have our youth commissioners here in attendance, and especially the generations who sacrificed for this country. We owe them better than that. As elected leaders, We have a responsibility to model respect, even in disagreement. We can debate policy without destroying one another personally. We can stand firm in our beliefs without feeling division, fueling division or contempt. Our democracy depends not only on free speech, but on mutual respect and a commitment to peaceful civic engagement. This is why the brutal beating and murder of a veteran in San Diego this past week, reportedly connected to the display of support for our current president, is both heartbreaking and deeply alarming. Regardless of political affiliation, violence against anyone because of their beliefs or expression has no place in our society. No American should fear for their safety because of a political sign, a political belief, a flag, a vote, or an opinion. Political violence and hateful rhetoric diminish us all. We must reject it clearly, consistently, and without hesitation, no matter who it targets or what side of the political spectrum it comes from. Let us honor our fallen not only with words, but with actions worthy of their sacrifice by recommitting ourselves to civility, to decency, to respectful dialogue, and to the democratic values they fought to protect. May we never forget those we lost in service. And may we strive to build a nation more united, more respectful, and worthy of their sacrifice. I hope you all, those here in the audience and those of you watching online, I hope you all had a good Memorial weekend. Thank you. And now let's go downstairs for some presentations. Hello again. I've had the pleasure of knowing this wonderful individual who I'm going to be honoring with the Mayor's Legacy Award, Dr. Cornita Wilkes. Chief Executive Officer of Rancho Los Amigos National Rehabilitation Center. We have the wonderful role of sitting for the board or the foundation for Rancho Los Amigos. And since Dr. Wilkes joined the hospital, she has brought with her tremendous knowledge, wisdom, and just a spirit that is so wonderful to be around. With over 25 years of experience, Dr. Kenita Wilkes has served in leadership roles both in the military and in healthcare that have shaped her professional journey and her personal mission. As a graduate of the U.S. Naval Academy and U.S. Navy combat veteran, her experiences during Operation Iraqi Freedom and Enduring Freedom taught her the power of resilience, teamwork, and purpose. These are the values that she carries with her every day. After serving as a naval officer for 12 years, Dr. Wilkes received her doctorate from the University of California, Los Angeles, UCLA School of Dentistry, where she graduated with honors and was recently named Alumni of the Year in 2022. Dr. Wilkes went on to do postgraduate education in hospital dentistry and pediatric dental residencies. She's a board certified diplomat in pediatric dentistry. Her research focused on developing standardized protocols for treating individuals with autism spectrum disorders and other neurodevelopmental disabilities. As I continue, Dr. Wilkes, would you please join me up here? Can we give it a round of applause? Currently, Dr. Wilkes, as I said, serves as a CEO for Rancho Los Amigos National Rehabilitation Center, where she leads a team dedicated to improving patient care and transforming lives. Rancho Los Amigos National Rehabilitation Center is a 158-bed general acute care hospital in Downey. That employs nearly 3,000 people and has a $500 million annual operating budget. The hospital provides highly specialized care to individuals with life-changing illnesses or injuries, including spinal cord injuries, strokes, and traumatic brain injuries. Prior to her role as CEO at Rancho, Dr. Wilkes served as a CEO of All of You, UCLA Medical Center in Sylmar. Dr. Wilkes is deeply passionate about promoting health equity, driving operational excellence, and ensuring that every patient, especially those in underserved communities, receive the personalized, excellent care they deserve. As I said, it is an honor to sit with her as board members for the foundation and really continue to advocate for Rancho and for the amazing work they do when it comes to traumatic brain injuries and spinal cord injuries. And with that, I would like to present to you, the Mayor's Legacy Award, in recognition of your exceptional leadership, dedicated military and healthcare service, and unwavering commitment to improving patient care and advancing healthcare equity in the community. Giving this day, the 26th of May, 2026, by Mayor Claudia Fermenta. Thank you for your work.

And this is the mayor's challenge points. Yes, the official handout.

So please go ahead and say a few words.

Hi, everyone.

So wonderful to be here tonight. First of all, I want to thank Mayor Ferreira for this incredible award. Thank you to the council members also for being a part of it and for acknowledging. Standing here tonight as the CEO of Rancho Los Amigos National Rehabilitation Center, I am deeply humbled. to receive the Mayor's Legacy Award. What an extraordinary honor and certainly not expected at all. One that I accept though with immense gratitude and with full recognition that no leader stands alone in creating a legacy. Mayor, thank you for this distinction. Your dedication to building an inclusive, accessible and compassionate city aligns beautifully with the values that guide us every day at Rancho. You have been a true partner in advancing health equity and disability inclusion for all who call Downey home. Your leadership has helped create a community where people of all abilities are seen, heard and supported. At Rancho, we are privileged to serve individuals who are not defined by their injuries or disabilities, but empowered by their strength, creativity, and determination. Every day, we witness people rediscover independence, redefine what is possible, and rebuild their ways, their lives in ways that inspire each and every one of us. Their stories are the true legacy of our institution. When I stepped into the role of CEO, I knew I was joining a hospital unlike any other. Supervisor Hahn refers to Rancho as the gem of LA County and she is absolutely right. Rancho is a place where resilience is not just witnessed, it's lived, it's breathed, it's taught. And it is continually redefined by the remarkable individuals who come to us not only seeking care, seeking to reclaim their lives. Every day I am inspired by our patients, their determination, their courage, and the way they push all of us to innovate, to adapt, and to see beyond limitations. Their journeys shape my leadership more than any conference, any credential, or any strategic plan ever could. I am also deeply proud of the incredible Rancho team, the therapists who celebrate every regained movement, the nurses who bring compassion and empathy to every treatment, the physicians, researchers, and specialists who challenge the boundaries of rehabilitation medicine, and the staff across our campus whose dedication ensures our patients not only receive world-class care but also dignity, respect, and hope. As CEO, I spend countless hours thinking about how to strengthen our programs, invest in our workforce despite a challenging fiscal landscape, and expand access to high-quality rehabilitation services. Yet, what motivates me most is something much simpler, the belief that every person, regardless of ability, deserves a community that supports their independence, amplifies their voice, and honors their potential. To our disability advocates and community partners, thank you for holding us accountable, for pushing us forward, and for ensuring Rancho remains not just a hospital, but a powerful advocate for inclusion. You help guide our policies, our culture, and our commitment to advancing accessibility across this city. Awards like this cause us to pause and reflect, but they also challenge us to continue building. Legacy is not something we inherit. It is something we shape day by day through our decisions and our values. And at Rancho, our legacy is rooted in empowerment, in possibility, and unwavering compassion, and in the faith of our beloved community of Downey and its residents. Looking ahead, we will continue strengthening our programs, elevating disability advocacy, expanding community partnerships and embracing innovation that transforms lives. As CEO, I promise to lead with integrity, with humility and with the same resilience our patients and our staff model for us every single day. Thank you again, Mayor for meta for this incredible honor and thank you to the city of Downey for trusting Rancho with your care and your futures. I am proud to share this legacy with each and every one of you. So thank you.

Okay.

Moving on, we have a proclamation declaring April 19 through the 25th, even though it's the month prior. We want to recognize National Library Week. And at this time, I'm going to call upon Ben Dickel, President and Executive Director for the Columbia Memorial Space Center, to accept the certificate. And the library. Yes, yes. I will not read all of that were asked, but it is important. And our libraries are vital to our communities. And it's not just about people, but what they do for our people in our communities. And Ben, would you like to say a few words?

Sure. Thank you very much. I want to say thank you to the City Council and to the Mayor for remembering this proclamation about National Library Week. National Library Week is a really important week for the library world. It puts a spotlight on what we do every day. Libraries are one of the last bastions of access for everybody to the world, basically for free, and we try to make that accessible to everyone. They're also first places. They're places where kids will sometimes, you know, take their first steps. We've seen that. We've seen adults be able to read for the first time. These are incredibly important spaces, and recognizing our week is really important to us. I also really want to share this with the staff. The staff of the Downey City Library the most amazing. We are definitely one of the most advanced and cutting edge libraries in LA County, I have to say, if not other places. And they work really hard to make us that way. So thank you so much.

If you haven't visited our Downey City Library, please come on down. Not only is it a brand new space, it is very colorful. And it's very interactive too. Moving on to our next proclamation, we want to recognize, we would like to recognize this individual, Susan Given, Older American of the Year 2026. Susan, would you please join me? I'm going to say a few things about you. She's going to check my work. This proclamation for Older Americans Month is presented to Susan Given, who is a civically engaged senior. Susan has been coming to the Barbara J. Riley Community and Senior Center for over 17 years.

Is that right, Susan?

Yes, since 2009. Since 2009. She retired in 2007 after 25 years of service with the Los Angeles County Superior Court. Susan has one daughter who is here. Hello. And two beautiful granddaughters. On her free time, Susan likes to exercise at the Bellflower Aquatic Center. She loves Hawaiian music. which enticed her to join the hula class at the Barbara J. Riley Community and Senior Center. The last couple of years, Susan has led the daily congregate meal program in prayer and pledge of allegiance. Her eagerness to greet new seniors and make them feel welcome embodies the Older American Month Recognition Award. And again, I will not read all of these, but I want to say that whereas the City of Downey is committed to helping all individuals maintain their health and independence later in life, Our community can provide opportunities to enrich citizens young and old by emphasizing the value of including elders in public and family life, creating opportunities for older Americans to interact with people of different generations, providing services and support systems that allow older adults to participate in social activities in the community. This proclamation is to Susan Given. I urge every citizen to take the time this month to engage with our older citizens through enjoyable social interactions, such as sports, games, dance events, and other forms of entertainment, given this day, May 26, 2026, by Mayor Claudia Frometa. Congratulations. Here is this. And would you like to say a few words, Susan?

I would like to. Thank you. Yes. Hello, everybody. Thank you for coming and seeing this wonderful proclamation. I appreciate it very much. I like the Senior Center. I like what they do there. I started doing the Prayer and Pledge of Allegiance because I was carrying on that tradition that was started by a World War II veteran. And when he passed away, there was this gap to fill. So I bring my little bell and I get everyone's attention and they know the routine. So and I'm happy to do it. And I appreciate very much your recognition. It's a special day for me. So thanks, everybody. Thank you.

She didn't say that at all.

Would you like to have your family join in? Yes, please. Your daughter and your granddaughter, Jessica? Yes. My daughter, Amy, and my granddaughter, Jessica. My son-in-law, Brad. I love it. Thank you.

Come on, get cozy, get cozy. Ready? Somebody make a noise. Thank you.

We now have the certificates of recognition to the outgoing 2025-2026 youth commissioners. I want to say the Downey Youth Commission is comprised of 15 students appointed by the City Council every year. Each year These students are given a set of priorities and goals to work on throughout the year. The youth commission commissioners, they proudly support our city events through their volunteerism and advocate for youth in our community to be engaged members. As a mayor, I've always said, since I've been in office, engaged communities are strong communities. So when we have the youth engaged, involved, helping us as city council look at things from your perspective, it gets everybody on the same page. And we appreciate the work that you have done throughout this last year. Some of these students, Again, they're from high school age, from 9th through 12th. And sometimes, some of us city council members, we appoint two commissioners to the seats. At this time, I would like to call on Alejandra Garcia. She's a recreation supervisor to assist with the presentation of the certificates. From District One, Olivia Haddad. She's a senior. From District Two, we have Megan Barajas. From District Three, James Jimenez. Are we missing anybody else? District five, okay, we have, with being the end of the school year, we have some students that were not able to join us tonight because there is either baccalaureate or other senior type activities. But can we please give these young people a round of applause? Thank you for your service, let's go. Before they go, if the commissioners can stay in here for a minute. Olivia, her career goal is to be a speech therapist. Raise your hand, Olivia. She is a graduating senior, so we are very happy for your involvement with the city and your future career goals. Megan Barajas, she wants to be a criminal defense attorney. That is her career goal. So we hope that when she finishes her studies, she comes back to Downey. And James Jimenez, last but certainly not least, his career goal is to become a mechanical engineer. So this is our future and we are so proud of you. Congratulations and thank you for serving the community. We will take a two-minute recess for the people that have received recognitions to take a few pictures in the back or outside and then we're going to resume our city council meeting. Thank you and congratulations to all of you. Okay, thank you. At this time, I would like to call on our Downey Youth Commission for the end of the year recap.

Hello, Mayor and City Council. My name is Megan Barajas, and I am the chair of the Downey Youth Commission. Alongside me is our vice chair, Alexis Avalos, who will be helping me present to you a recap of our 25-26 year.

Our first goal was to host the annual Student Government Day. This event invited students from our four high schools to our city hall to learn about the way municipal government works. This day featured tours, small group discussions with department heads and city council, and ended with a mock city council meeting. We had over 79 students in attendance. It was great to see our ideas discussed in meetings come to life.

Our next goal was to host the Youth Vendor Fair as its own standalone event. We had 30 youth entrepreneurs in attendance, ranging from ages 8 to 19 years old. Vendors had a wide array of merchandise for sale that day, such as flower bouquets, crocheted items, jewelry, and much more. After the event, vendors participated in a presentation from the Small Business Association and Downey Federal Credit Union to further expand their knowledge on running business and provide common financial practices.

Our final goal was to explore ideas for teen programming offerings. It was brought to our attention that traditional drop-in teen centers are declining in attendance in our region. The commission decided on creating an ad hoc committee to further investigate what kind of programs teens would like to get involved in. In our findings, we found that transportation to nearby locations was a big setback for teens. Therefore, we recommended to city staff to offer transportation to the beach and popular hiking trails.

That recaps our accomplishments for the 2025-2026 year. We are excited we accomplished our goals and I'd like the City Council for their support.

Thank you. Thank you for a great presentation. Certainly the recommendation for the City to provide transportation to the local beaches, museums. This is part of getting us really engaged and having a more active and robust youth community. So we thank you for the time you took to present this to us and the time you took throughout the year to engage with each other. Council colleagues, anybody have any other comments?

I'd like to say when Student Government Day was here, it was just amazing of the thought process and the cooperation and how quickly you put ideas and things together. You came up here on the dais. You took over. I think my council member Ortiz and I and some others many times just say that's just the future of Downey. We're very pleased. And there was a new idea that came up this year. I won't say what it is yet, but I think I might.

do something that was suggested i've talked with city manager we'll see if we can implement it slowly so thank you very much for for giving your time thank you anyone else i just want to say thank you for your dedication your service i know you have responsibilities you got to do good in school right and uh and stay on top of these uh this is all voluntary but this is this is a good mood for you guys and uh thank you for the work that you put into this it it shows appreciate that

Thank you again.

I also want to say thank you for all your work. Echoing with my other colleagues, I've been saying, I know you have other responsibilities, other things you have to do, but taking the time from your day to come and serve your city says a lot about you and what your future holds for you guys. So congrats. And I'm super excited for the youth fair. So thank you guys.

With that I do want to put in a plug I know that in our social media platforms that the announcement has gone out that we for those graduating seniors or people that youth commissioners that are termed out They've served two years. We are looking for New applicants the application process can be a little competitive and we want to make sure that our high schools in our high schoolers get involved and get engaged. When is the deadline to apply for the program? Do we know?

Sorry, one second. This Thursday, the 28th.

This Thursday, okay. So again, for those people watching us via YouTube or here, please encourage your high schooler to apply. The deadline is this Thursday. Close of business? Is that it? OK. Well, thank you again. We're moving on our agenda. And thank you, Alejandra. We have two public hearings. Number one is zoning text amendment of the Downey Municipal Code regulating ADUs, accessory dwelling units, and junior ADUs. That the City Council introduce an ordinance amending Article 9 of the Downey Municipal Code relating to accessory dwelling units and junior ADUs. The hour having arrived, the public hearing is now open. The time is 7-11. City Clerk Duarte, do you have proof of publication? Yes, Mayor. I'll make a motion. Can I have a second to receive and file? Second. Please vote.

The motion is approved with Council Member Ortiz away from the dais.

City Manager Bradley, is there a staff report?

Yes, Mayor. We'll start off with Community Moment Director Weitron, who will introduce the item.

Good evening, everyone. Tonight we'll have a short presentation by our senior planner, Abraham Luna. And go ahead, Abraham.

Thank you. Good evening, Mayor Fremilli and Council. The item for your consideration tonight is a zoning Texas amendment to the Downey Municipal Code regulating ADUs and junior ADUs. Since 2016, a total of 19 legislative bills have been passed to supplement the creation of ADUs throughout the state of California. Last year, two bills were introduced that went into effect in 2026, and those two bills are Assembly Bill 1154 and Senate Bill 543. WITH THE ADOPTION OF NEW LEGISLATIVE BILLS, THE CITY MUST UPDATE THE LOCAL ORDINANCE AS WE HAVE DONE IN THE PAST TO REMAIN IN COMPLIANCE WITH STATE LAW. AND SOME ADDITIONAL BACKGROUND, WITH THE ADOPTION OF LAST YEAR'S AMENDMENT TO THE ADU ORDINANCE, THE CITY CREATED A CENTRALIZED ADU INFORMATION RESOURCE PAGE FOUND ON THE CITY'S WEBSITE TO ASSIST THE PUBLIC WITH UNDERSTANDING AND NAVIGATING THE ADU PERMITTING PROCESS. And below is a table of all the ADUs that have been permitted from 2018 to 2025. With the updates to Assembly Bill 1154, there are two key provisions. First, it limits the cases in which an owner occupancy covenant is required for JADUs. With the update, a covenant is required only when the JADU requires a sanitation facility, shares a sanitation facility or bathroom with the main dwelling. And secondly, a JDU must be rented for more than 30 days. Senate Bill 543 carries four major provisions that I'll quickly summarize. One, it clarifies the definition of a JDU to limit the interior livable space to be no more than 500 square feet. And that's a definition of livable area to mean a space in a dwelling intended for human habitation, living, sleeping, eating, cooking, and sanitation. Secondly, it adds a provision clarifying that a JDU shall not be charged school impact fees based on the interior livable space of no more than 500 square feet, and also prohibits impact fees for ADUs with 750 square feet or less of interior livable space. The new law also grants the Department of Community Development the authority to review, adopt, amend, and repeal a ordinance. And lastly, requires any local agency to submit in a ordinance to HCD within 60 days of adoption for a compliance review. So again, the proposed ordinance is intended to make amendments to align with the two new state laws mentioned. In addition, staff made some typographical corrections to improve the readability to the public and staff. The proposed ordinance is also consistent with the housing element, specifically program 1.4, which is to facilitate and encourage the development of ADUs by adopting the ordinance that reflects state law. And together, the ordinance is intended to support clear administration of the ADU and GED regulations, which will supplement the HCD, which will be submitted to HCD within 60 days of adoption for compliance review. The project is exempt from CEQA because the ordinance is intended to comply with the amended government code sections that govern ADU specifically. And for previous Commission action, a notice was published to the newspaper on April 15th, 2026, and the Planning Commission held a public hearing on May 6th to discuss the item and recommend approval to the City Council. And for tonight's meeting, a notice was published on May 14th. And I will conclude the presentation with the recommendation to the City Council to introduce an ordinance amending Article 9 of the Downey Municipal Code relating to accessory dwelling units and junior accessory dwelling units. And I'm available for any questions. Thank you.

Thank you. Thank you for this report. Council colleagues, comments or questions?

I want to thank you for the detail of this. So many times being in real estate, people ask, what are the rules of the ADUs and the junior ADUs? And I called before years ago to find out for the public, you know, if they are listening. And since 2018, the numbers that you showed us, that's 784 ADUs. You know, we have a shortage of housing. Many times it's for extended family or parents or students, and it works well on the property. But again, we have to conform with what the state is requesting. And there's a lot of changes here. So in 10 years, we've had 19 laws. Something also that I learned that I wanted to call out, I tagged, is that you're now not considering a covered porch as part of the 50. They're allowing 50 square feet. the size of a junior ADU for people listening. A junior ADU is 500 square feet of livable space. We have maximum floor areas for ADUs of one bedroom, that's 850, and 1,000 square feet max for ADUs with two or more bedrooms. Parking seems to be always a concern as well, and there was a clause in here that you mentioned that I saw. It says one uncovered off-street parking space is required for each ADU. Is that correct?

CORRECT.

A LOT OF TIMES RESIDENTS ARE A LOT OF TIMES RESIDENTS ARE CONCERNED BECAUSE THERE'S SO MUCH CONCERNED BECAUSE THERE'S SO MUCH NEED FOR PARKING. NEED FOR PARKING. THERE'S A SCARCITY OF PARKING IN THERE'S A SCARCITY OF PARKING IN THE EXISTING HOUSES BUT THE THE EXISTING HOUSES BUT THE REQUIREMENT IS STILL THERE.

REQUIREMENT IS STILL THERE. YES. YES. I WANT TO IGNORE THERE IS I WANT TO IGNORE THERE IS EXEMPTIONS FOR THOSE. EXEMPTIONS FOR THOSE. RIGHT.

RIGHT. THERE'S SOME EXEMPTIONS BUT WE THERE'S SOME EXEMPTIONS BUT WE DO SHOW IT THAT THEY SHOULD DO SHOW IT THAT THEY SHOULD HAVE IT AS WELL. HAVE IT AS WELL. THEN FROSTING DOORS for any ADUs. And of course, there's always maybe exemptions or they can talk about the front, you talked about the front setback that could be avoided for certain reasons. But again, I appreciate the detail. I've ran out of highlighter because there's so much information, but we have to keep it updated, especially when we have contractors coming in and being able to go right away and know what we're doing. Because the last, what did we have just last year? As you said, it was... 146. 146 right we went from three the very first year to 146 so but as long as we can try to keep that parking on site i know the residents will be more receptive of it and other conditions so thank you very much thank you and i have a question i know that um

2025 numbers here, we just mentioned it was 146. Do we do we have any numbers year to date of ADU or junior ADU applications? And if we can have some sort of information in terms of are we on par with what we did last year or surpass

We don't have any numbers at the moment. That's definitely something we could get back to. We usually get numbers at the end of the year because the permitting process and of that four-year. Okay.

Okay.

Well, thank you again. Appreciate the report. I will now open this item for public comment. City Clerk Duarte, did we receive any written correspondence that we need to incorporate into the record?

We did not, Mayor. Okay. Do we have any speakers on this item?

We do not. Okay, I will close public comments since there are no speakers for this. Now I will entertain. a motion in a second to close this public hearing.

I'm sorry, Madam Mayor, could I inquire, make one question? Yes. I want to make sure I'm not getting my items confused. Irma might be able to answer this. Irma or Abraham, regarding prevailing setback, the removal process, that only applies to item number two, correct? There's nothing applicable in the ADU? Or is that discussed in the ADUs?

You are correct. The prevailing setbacks is for item number two.

Thank you. I'll hold off for that. Thank you.

Okay. You're welcome. I will entertain a motion and a second to close the public hearing.

Second.

Okay, please vote. The motion is approved unanimously. Okay, thank you. Moving on to item number two, zoning text amendment, the various citywide updates to Article 9, plan use of the Downey Municipal Code, that the City Council introduce an ordinance amending Article 9.

We're supposed to vote on that one. Do we vote? No. Just close the public comment. I think we might have missed the vote on that one.

Oh. Yes, we just closed it. Thank you. Unless there are any comments from the council, I will make a motion.

We do have one more question. Yes. Sorry, Madam Mayor.

I just have one question. With all these changes that are happening with state laws, are we providing any information to anybody that comes to the dais, or is it something that you, it's just communication between somebody who comes and applies and then just give them the updates, or is there any information for people that want to build an ADU?

As far as ADUs, we have handouts at the counter and on the website. HCD does have an ADU handbook, which is supplemental to all the regulations. But a call, just visiting the public counter at any time, we have all that information available.

And Mayor Pro Tem Ortiz, also there's a dedicated ADU information website that we launched last year that has up-to-date information on this legislation presented tonight along with other handy checklists related to building, planning, zoning, and fire requirements. So it's a one-stop shop for everything you need to know about ADUs.

And that's in our website?

That's on our city website. That's already been live for a while.

Thank you. Thank you, Mary.

Of course. Unless there are any other comments, I will make a motion to introduce the ordinance. Can I have a second?

Second. Thank you, Abraham.

Okay, please vote. The motion is approved unanimously. Thank you again. Now moving on to item number two, zoning text amendment, various citywide updates to the Article 9 of the Downey Municipal Code. But the council introduced an ordinance amending Article 9 of the Downey Municipal Code, a city-initiated zoning text amendment relating to various sections of the Downey Municipal Code. The hour having arrived, the public hearing is now open. The time is 7.23. City Clerk Duarte, do we have proof of publication? yes mayor can i have a motion in a second to receive and file so moved second please vote the motion is approved unanimously city manager bradley i see there's a staff report absolutely mayor we'll turn it over to uh deputy director uh mishra for this uh presentation

Thank you, city manager. Good evening, mayor and council. The public hearing item before you now is to amend various sections of Article 9 of the Downey Municipal Code. Oh, I'm sorry. My apologies. OK. The Council adopted a comprehensive update to the Article 9, which is called the Land Use Section of the Downey Municipal Code in 2008. Since that time, several modifications have been made to that article on an as-needed basis. The proposed amendment tonight is a city-initiated amendment, and as you have seen in your agenda packet, it consists of several sections of the code. The sections appear in a chronological order in the ordinance, so for the ease of going over those amendments, I have broadly categorized them into four themes, which are on the screen in front of you. Comply with state and federal laws, provide clarifications, streamline review process, and quality of life and flexibility and development standards. I will go over each one of them with you briefly. The first one is comply with state and federal laws. The specific laws that the code update will comply with are Senate Bill 450, which requires that only objective design standards that are applicable to other single family houses in the underlying zone be applied to SB9 projects. Other amendments that are proposed are changes to various definitions and procedures to comply with state density bonus law, federal Fair Housing Act, the housing element law, and, affirmatively, further fair housing requirements. I will now discuss the amendments that relate to streamlining of review process. Several amendments are proposed to streamline application reviews by allowing administrative reviews instead of a public hearing before the Planning Commission, such as special event permits where the court currently requires a Planning Commission approval, planned sign programs, small-scale new non-residential construction or expansion projects, New smaller residential or mixed-use projects that fully comply with the council adopted objective design standards Certain low impact commercial recreational uses such as dance studios, health and fitness clubs, Pilates studios and such similar uses to support small businesses. And minor exemptions to facilitate reuse of existing commercial properties. For the amendments that I just described to you, the streamlining is achieved because of three reasons. First is that the administrative review do not require a public hearing in front of the planning commission. The next is that the notification radius for those projects would be reduced from 500 feet to 100 feet. And then also the applicable processing fee would be reduced as shown on your screens. With that said, I must mention that all applicable development standards, conditions of approval, findings of necessity would still continue to apply, ensuring established review standards and neighborhood compatibility of those projects. Next, I will discuss the amendments that are being proposed to provide clarifications. Several amendments are being proposed to provide clarifications to procedures such as administrative permits and also to development standards such as second story setbacks in single family residential homes. Time limits for non-conforming uses, definitions for several terms such as recreational equipment, legislative and quasi-judicial hearing, zoning clearances. All of this is to allow a better readability of the code as well as better implementation of the zoning regulations. The next theme is relating to quality of life and flexibility of development standards. Some of the key points or the highlight for this section is limitations on construction activity if the construction site is within 500 feet of an existing residential use. And other minor revisions to single-family residential development standards for setbacks, allowance for decorative features and landscaping in the front yards. clarifying standards regarding recreational vehicle storage, and creating a process to obtain relief from prevailing setback requirements. The proposed amendments modernize the code and meet the city goal of maintaining compliance with state law while streamlining project approvals and continuing to provide efficient and responsive business-friendly development service while providing neighborhood compatibility protections. On May 6th, the Planning Commission conducted a notice public hearing and recommended that the City Council approve the proposed zoning text amendment by a 5-0 vote. And on May 14th, a notice for the public hearing tonight was published in Downey Patriot. And as of this date, the staff has received no comments or correspondence in relation to this item. The proposed amendment is categorically exempt from CEQA pursuant to what is commonly referred to as a common sense exemption because CEQA only applies to projects that have a potential to cause significant effect to the environment. Staff recommends that the council introduce the ordinance amending Article 9 of the Downey Municipal Code, which is a city-initiated zoning text amendment to various sections of the Downey Municipal Code. With that, I am available for any questions.

Thank you for this report. I'm really excited about this because any time that we have an opportunity to streamline review processes and certainly lower fees, it's a great day for our community and certainly of great benefit to our residents. That I'm very happy to hear. Thank you for that. And again, streamlining the permitting processes, making it more efficient, and almost fast tracking some things. And again, I'm looking at the table, table one, the one that you also showed on on the slides, looking at the current fees, and the new application fees that are significantly reduced. That is, I know our residents will be will be happy to hear that. So thank you. Comments from my colleagues.

I too concur with streamlining this, you know, it makes it easier, no red tape delays in construction and, and the permit fees, as you mentioned, for a special event permit, they will be 48% less from 1200 to 600. In some of the other areas with site review, That's a 16, 15 to 16% decrease. And in today's economy, you don't usually hear the word decrease with a D, but that's going to be very well received by all of these people applying. And I particularly noted the reduction in maximum circular driveway vertex from 15 feet to 10. So that as it says here in your report that we maintain the neighborhood character and the landscaping. I know we have a lot of double wide lots 100 foot frontage instead of maybe 50 they have circular but we still want to conform to the neighborhood and that's being done but at least reduce a lot of that concrete that people like to see the the landscape still conform to the neighborhood so that's nice so thank you very much for this report thank you

I'd like to add, you know what, I thank you for this report. Thank you to the planning department team and staff. I know a lot of work was put into this. I'm a big fan and in favor of the streamlined review process and lower fees. And also, I know a lot of residents are going to be happy about the flexibility provided for mechanical equipment by reducing the setback. for site and rear yard for mechanical equipment. That's a big deal. That's gonna hit home with a lot of residents, so thank you.

Anyone else?

Yes, ma'am. Thank you. I concur with all the comments of my colleagues. I know it was a lot of work. Every time we get a flash drive, you know, there's a lot of reading. There was one area that I've been really interested in for a while, and that's the prevailing setback removal process. Thank you for bringing that forward. And I'm specifically referring to, well, the PLN number is 2600019, but in section 9534.18, So section 9534.18, subsection A. I like the petition process. I thought that was excellent in terms of making sure that the neighborhood, the neighbors are in line with what an applicant may want to do. But I found that if the applicant is able to get the petition numbers, Why should they go to Planning Commission? I feel like at that point, since the neighborhood is in line and they've achieved the required numbers because of the petition requirement, why couldn't we, in an effort to increase efficiency, which is a council priority, move that over to Administrative Review instead of having to take it to the Planning Commission? Was that discussed? Can we discuss it? I'm sure we can discuss it. So, Council, I don't know if you caught that section. Individuals who are trying to deviate from certain setbacks, if they want to build, for example, to the front of their house, which conceivably could take up beautiful lawn space, if you will, they have to go to the neighbors and get petitions signed. If they come to our desk with the petitions and it's verified that everybody's in approval, I don't think that we should then add the additional level. Now you got to go to Planning Commission. So I'm hoping that we would remove that and amend it so that in the prevailing setback removal process, if the applicant's able to get the number of signatures needed during petition, then it would just go to the administrative review process instead of having to go to Planning Commission.

I see some heads are licking my way. Happy to address that.

Yes, we would like a recommendation.

And I'll say thank you to Council Member Trujillo for giving me that hint that you might want to discuss this section so I can refresh my memory. There was a lot of code amendments, but I was reviewing this section. And then also looking back at our discussion with the Planning Commission, there was a brief question asked by the Planning Commission regarding the prevailing a setback removal process and the question is why would it come to Planning Commission? The answer I provided at that meeting for context was that the Planning Commission would provide a forum for notification to the property owners indicating that a decision would be made. to maybe address your question is we could move it from a planning commission to administrative review if that is desire of the council. I would only add that you allow us, if you wanted to change that, to include language that staff would notify the property owner signing that petition that a decision would be made at a certain date. Because staff, we would want to make sure that the folks that are signing the petition and the information we're getting, we would verify that it's valid and the only way for us to do that is to notify them. I hate to say it, but there's sometimes we get incorrect information given to us telling us that the owner signed off and then we verify and we find out it was actually a property manager, for example, and not an authorized owner. And so to make sure that we're affecting the character of a neighborhood. So to ensure that there isn't something that's missed in the process, that we include language in here that staff would notify affected property owners signing the petition in advance of that final decision, maybe 10 days in advance of the final decision. And that would allow staff to receive any public comment before a decision was made. And we can still fold that into the administrative review process that we've been discussing at tonight's meeting for some streamlined reviews and also in past meetings. I think we can work that out.

Yes, so I'm proposing that we consider mending just that part because of the petition. I'm comfortable with the petition process and as long, I like that recommendation that you confirm that the petition's signatures are in fact valid. I think we could further streamline that piece of the puzzle, so proposing that we consider that as a policy decision-making body.

No, it's something I think that's interesting and I'm willing to move forward with that and that proposal from the staff recommendation.

I think my only concern, I'm all for efficiency. I think we're moving in the right direction. My only concern would be if the Planning Commission meeting, as you've indicated, Irma, is an opportunity for the neighbors and the neighborhoods to speak to that and, again, to be that public notice. that would be eliminated. And so I am struggling. I like the idea of streamlining. But at the same time, if there's these changes, I want the community to have the opportunity to voice any other concerns they may have. And if we eliminate that, then we don't have that.

Can we do, in Sacramento, they do these sunset dates, like they'll try certain policy for like a year or two, and then they put a sunset clause, it'll end here. And what we're doing is trying to get an opportunity, let's test it out, right? So at the sunset clause, I would like, if we want to try this, staff could come back and say, in this one year, we had these many incidents, or this happened, or it wasn't an issue at all, and then we could... consider just making it permanent. If we could at least consider a trial basis and then staff could tell us this is not a good idea.

Yes, Irma. Madam Mayor, if I may add for additional context, the administrative review process and the notification option that I described would allow for if If it was worded in such a way that it was administrative review with advanced notification to the affected property owners during that time, if staff received some protest or disagreement, then there's another code section that were also included in tonight's item that formalizes that the director can elevate that item to the Planning Commission for review. Okay.

That's just one?

And that would be, that would serve as that case by case incident if for some reason somebody signed or somebody, maybe the 50% signed but the other 50% didn't agree with it, if they protested or had some additional information that was not provided to staff, then In the code items tonight, the director overseeing the administrative review process then is authorized to elevate that to Planning Commission. Typically, that's how I've also seen it work in other cities that I've worked in, administrative reviews. If something is out of character or is going to have an impact and we have trouble making findings as staff, then we would elevate that to Planning Commission. So that is folded into tonight's item as a separate code amendment.

If I can ask just a question. So you're saying with just one complaint from a resident or a staff will evaluate that as just a case by case, just whatever we feel, one, two, or four complaints?

Staff would evaluate. There is discretion in that staff would evaluate the information being received. But if staff is seeing that there is a protest, then we would not, as Ms. Messner made reference to making the findings, then we would have, at that point, a staff making the findings that everything that's being reviewed is compatible with the neighborhood if we have somebody saying that they feel like they're not It's not within the neighborhood character. So then we would elevate it to the Planning Commission. Again, it's a typical process for administrative reviews. The code also currently it's in written and how we're proposing amendments tonight also has language that says there's a lot of amendments, also has language that says that the administrative reviews can be appealed to the city council. So that's another option. If for some reason staff didn't get in the information at the right time, made a decision, but then the folks affected were notified or found out about the decision, they can appeal that to the planning commission. So that's a second option to be heard at the planning commission. Thank you, Irma.

I agree with the Mayor's concerns, I mean, but hearing those safeguards, I would be comfortable knowing that you have the discretion and staff, you know, our boots on the ground would hear these concerns and say, hey, Madam Director, this is what we heard. So you might want to bring it to the Planning Commission. So I would like to propose that we try, especially now that I know we have these safeguards, especially around the area of notification, which is really important. So again, I just want to bring that to the council's attention, because any time I see the petition process, I find, well, hopefully that the applicant was being faithful and had integrity. But I'm glad to hear we have the safeguards, especially with the notification, because I want notification. I want the residents, the neighbors to be notified of the application.

Well, thank you. I think we're going to move to public comment. Then we're going to come back and make a decision, if there's no other comments from my colleagues. Thank you very much for the report. At this time, members of the audience wishing to speak regarding this item, this public hearing, Alicia, did we receive any written correspondence regarding this item? We did not, Mayor. And do we have any members of the public wishing to speak on this item? We do not at this time. Okay, then I will make a motion. Can I get a second to close public comment? Second. And to close the public hearing.

So moved.

Okay, so ordered by the Mayor. So unless there are any additional comments from this council, I will entertain a motion to introduce the ordinance with, do we want to

Should I make a motion, Madam Mayor? Yes, please. I'll make a motion that in section 9534.1 subsection A, that's 18 subsection A, under prevailing setback removal process, if the applicant is able to achieve the required number of signatures on the petition, and as long as notification is given to the neighbors possibly impacted by that application, and the director and the staff are comfortable that it does not need to be escalated to the Planning Commission, that that application could be approved through the administrative review process.

Yes now are we going to as a council are we going to add a sunset date as a trial period or do we feel comfortable just simply moving in that direction?

I feel comfortable with all the safeguards my personal opinion given that I trust what staff's recommendations are and I think that will give an opportunity. Okay thank you.

So I just want to clarify so technically with the safeguards that technically that staff still gets to review it and have a right before it gets passed on?

Yes. I think if anything is controversial, the director has a discretion to elevate it to planning commission, especially when you have like a 50-50. I mean, that's probably something you should probably bring to, but if you have, if there's no complaints, no concerns and the director's comfortable. What was the timeframe? You said 10 days?

With tonight's direction, if you could, I had said 10 days. But we would, prior to the second reading, or at the second reading, we would fine tune that section based on tonight's direction. So 10 days is what we currently use for public notices. So I think 10 days would be my recommendation from staff.

OK. So we have a motion. We have a second. Please vote.

The motion is approved unanimously.

Thank you. Thank you for the reports. I appreciate your work.

If I can, just quickly one minute for clarification. That was the amendment. Did we move all other items on the adoption of that, the changes? I don't know if I captured that or not. Lisa, did you capture that?

Well, my understanding is that we're introducing the ordinance and then we're bringing the amendments. Yes. Council Member Trujillo. I just want to make sure we captured it right. Yes. Thank you.

Okay, now moving on.

to this is the time for public comment regarding agenda consent and non-agenda items um can we please uh play the recorded message the city council will now take public comment on agenda consent calendar and non-agenda items if you did not receive a number card and wish to speak please proceed to the back of the room to be issued a number card by city staff we will be calling blue number cards for the public comment period Before we begin the public comment period, we would like to remind members of the audience that the City's meeting rules contained in the Downey Municipal Code prohibit any conduct that disrupts, disturbs, or interferes with the orderly conduct of the meeting. Copies of the meeting rules are located in the back of the chambers. Members of the audience and speakers who violate these rules and cause a disruption will receive one warning and then may be removed from the meeting. Violations of the rules of decorum for council meetings may also result in an administrative fine under the municipal code or citation for a misdemeanor under penal code section 403. The city council acknowledges the right of the public to address issues that are within the city's jurisdiction and invites the public to do so during the city council meeting. However, this right must be balanced with the need of the City Council to conduct the public business in a fair and efficient manner, free from disruption or disturbance. We expect that everyone who participates in today's meeting, from the members of the Council here on the dais, to staff, to the members of the public in attendance, do so with respect and dignity. Please refrain from using profanity, name-calling, or behaving in a way that disrupts this meeting. This includes yelling, whistling, booing, screaming, and any other outburst that disrupts or disturbs the meeting. Any conduct that interferes with or disrupts persons who are addressing the City Council. Any conduct that interferes with or disrupts council members while they are speaking. Any other conduct that disrupts, disturbs, or interferes with the orderly conduct of the meeting. And attacks of a personal nature on city staff or city council members that have no connection to agenda items or non-agenda items. We remind speakers that your comments must be addressed to the mayor and not to any other council member, city staff, or the audience.

OK, Alicia, how many speakers do we have tonight?

We have two speakers, Mayor, and we do have some written public comments that were sent in. The first written public comment is from John Larson in regards to illegal sale of nitrous oxide in smoke shops in the city of Downey. The second one is from Ashley Mendoza of Whittier First State. who commented regarding the Community Resource Fair on Friday, June 12th at the Hondo Center of Healing. The fair is focused on providing community members with housing support, healthcare, employment assistance, and other supportive services. And this is taking place in the city of Whittier. And then the last comment is from Martha Torres of the Fair Housing Foundation, who submitted comments regarding the Fair Housing Foundation services and resources. And that is all, Mayor.

Thank you. We have two speakers. Each speaker will have three minutes. And you should have the blue number cards.

Mayor, can we receive a file written public comment?

Oh, yes. Let's go ahead and receive and file, make a motion.

I move to receive and file.

Okay, so order by the mayor. And let's go ahead and call speaker number one to come up. Hello, Mr. Lacey.

Madam Mayor, members of the city council, Mr. Bradley and staff, Good evening. Mayor, I have two items on my agenda this evening. The first one has to do with I received over the weekend an advisory via text from the city of Downey informing me of a fire in the Southgate area and the smoke may be coming over in our direction. And I wanted to thank the city for doing that. Secondly, I want to say that you're looking at a very, very proud individual. I'm proud because I am an American, and I've been blessed with many freedoms that many people in other countries do not have. And those freedoms, in part, were due because of the sacrifices of the men and women in the armed services, some who've died and many have been injured and have to deal with that the rest of their lives. So I would ask that God bless America, the land that I love. Stand beside her and guide her through the night with the light from above, from the mountains to the prairies, to the oceans white with foam, God bless America, my home sweet home. God bless America, my home sweet home. This ends my comments, Madam Mayor.

Thank you, Mr. Lacey. Have a good evening. Speaker number two may come up, please. Good evening.

Good evening, council members. I came here tonight to talk about Mayor Formetta's conduct during the last city council meeting two weeks ago because, in my opinion, her conduct was unprofessional. We are not yet halfway into her one-year term as mayor, and we have already witnessed Mayor Formetta losing it not once, but twice. To me, as an outside observer, it seems that Mayor Formetta is not up to the job of mayor. To refresh your memory, at the last city council meeting, during an agenda item on the code of conduct expected of council members and city commissioners, council member Mario Trujillo had the floor, and during his comments, he pointed out what he believed to be hypocrisy by Mayor Ferreira. He also noted that in his opinion, Mayor Ferreira was the worst president that NALO, the National Association of Latino Elected and Important Officials ever had. With much irony, Mayor Ferreira, driven by her incredibly thin skin, violated the code of conduct expected of the mayor, and rather than take the criticism dished at her, she lost it and went ballistic. The only way she could have calmed herself down was to call for a recess. This is simply unacceptable. There's an old saying that if you can't take the heat, get out of the kitchen. It seems that Mayor Ferreira is unable to stand the heat, so it's time for the council to take her out of the kitchen. Please put on the agenda of the next council meeting a council reorganization to remove Claudia Ferreira from the position of mayor and save the residents of Downey this embarrassment. Although Mayor Ferreira is entitled to respond to criticism, she's supposed to do so only when it's her turn to have the floor. Her behavior at the last city council meeting was simply not the behavior expected of a mayor, and to add insult to injury, it occurred during the discussion about the behavior expected of members of the city council. While only the voters can remove Claudia Ferreira from the City Council, only the City Council can hold her accountable and remove her from the position of Mayor.

Thank you for that.

I'm sure you're thanking me.

I will make a motion to close public comment if there's no other speakers. So moved.

Second.

Okay, so ordered by the Mayor. Now is the time for consent calendar items. Are there any council members that would like to remove or abstain from an item?

Yes, Mayor. I'm going to abstain from item number five, I own property in the vicinity of the construction contract.

Thank you, Council Member Pemberton.

Madam Mayor, I need to recuse myself from item number 16 as the Tesoro-SoCal pipeline runs nearby my home, right?

Thank you, Councilmember. And anyone else? At this time, we will also pull item number 15. And I would like to pull item number six for further discussion. If there's no other items. I will entertain a motion in a second to approve the consent calendar with Councilmember Pemberton abstaining from item number five, and Councilmember Sosa abstaining from item number 16.

So moved.

Second. Okay, please vote.

The consent calendar is approved with council member Pemberton abstaining from item number five. Council member Sosa abstaining from item number 16. Item number 15 being pulled and item number six being pulled as well.

I would like to discuss item number 6, which is the construction contract regarding our educational building.

Would you like a staff presentation? Yes, please. Director Baumgarten, will you please come and provide an overview of the staff report, please?

Thank you, Mayor Fermenta and Council. Just providing a brief overview of the process and selecting Bernard Brothers as the company to handle the construction contract for the new Space Center project. Staff went through a two-step process. We first pre-qualified We put it out to bid and asked different contractors to submit their qualifications. We looked those over and fully vetted those over probably about a six-week process and narrowed that down to three to submit a bid. That's where we have the three bidders that bid on the project. with Bernard Brothers being the lowest of those bidders. Bernard Brothers is a very well-respected and experienced firm on very complex projects like this, and staff is prepared to make that recommendation and move forward with them. Happy to answer any questions you might have.

Thank you, thank you, Director Baumgarten. I think any time we receive a report, and certainly we are very pleasantly surprised to see the amount, what was authorized in the budget of $21.9 million and the bidder coming in much lower. That is great news at $17.95. I think just for the sake of Anytime we have a great savings is great news for us and for the community. I think in the past perhaps some of the concern had been and I think we perhaps saw that with a couple of projects including our fire stations. One of which caught fire and then we were out of a fire station for good amount of time. And I think the question here is, what changed from that initial the initial amount we had of 21 what is it 21.9 to 79 with everything going up are we comfortable and are we confident that they will be able to deliver this at at what we you know the expectations that we have because as we know cheaper is not always better we like the savings but we want to make sure and ensure also the community that we are doing the right thing and and that this amount will in fact be what is moved forward.

Yes, Mayor, we are very confident with this bid. I'd say staff went through a very detailed process to pre-qualify bidders to make sure that the team that was going to be selected at the end could meet all our expectations and all our special needs, especially dealing with special assets like the space shuttle mock-up that we have and having to put that inside the building. I will point out that these final bidders were rated and brought into the bidding process because of their excellent work history and their ability to meet the demands of this project. And if you look at actually all the bids, they're pretty close to each other. So that gives a good indication that this is the right cost for this job. And I will say and give kudos to staff for the hard work in getting us to this point and really working with the bidders into the bidding process to make sure that we got a good and fair price. And at the end of the day, happily, yes, this is something that was within our budget. And we're happy to propose this to you today to move forward and get this building built.

If I could just jump on just curiosity. I saw the three top bidders that you provided, and you're right, they're within the range. But how many more bidders were there?

There was a total of 12 that submitted their qualifications. And their ranges? Oh, they didn't. We only asked the three. If you met the qualifications, those are the only ones that were invited to bid. Oh, so we didn't know. We eliminated those that didn't meet the qualifications for this complex project.

OK, perfect. Thank you.

So, and I think go ahead and reviewing this, this backup, it says the sensitivity of the asset to be protected. So we really did need to find somebody that would procure what we are building that you can't rebuild what we have with the shuttle. So, in speaking with our. or pre-meeting that that was a big factor and I just looked at the math again with the numbers were seven percent away just seven from our lowest bidder that we've chosen to what the other bidder was and so that's usually within a ten percent five or ten percent range is is good that lets us know that something wasn't left out because like she Mayor Proventa says lower isn't always better

Yeah, I think it's always good when you have a very tight range like that. It gives you some confidence that the prices are spot on, especially from really experienced estimators like this.

Council Member Trujillo, you had a comment.

Thank you, ma'am. So with these $4 million savings, I'm wondering if we could do anything about parking. And maybe it's an overstated concern, but there seems to be some concerns about parking in the area. And I don't know if we have the land where we can do some additional parking, but has that ship sailed? Should I not even be bringing up parking?

There really isn't a place for extra parking at that location. We will be bringing some more reports back to you on that one. I will say that the budget is pretty much spot on. We do have a contingency of about $1.8 million, and that's about what needs to still be fundraised for this project. So really, we have enough money, assuming everything stays static, just to build this building. But if there are any special conditions that arise, that we're going to have to bring in some money through our fundraising process to pay for this. So we still have, and then in excess of this, Other two, phase three and phase two that need to be done as well, all of which need to have fundraising completed for it. So this has about a $20 million gap in funding that needs to be raised, which is being accomplished by our Space Center Foundation folks. So more to be done. We do need some more money, and we are looking at parking issues, and we'll be bringing that report to you. Thank you.

On the last council, Council Member Trujillo, last council meeting I did bring up discussion about parking. I know that we're going to have this big building that's going to provide an avenue for big events and there's no parking. So I do agree with you. I think it's something that we should discuss or at least figure out where people are going to go to. But I do share your sentiment of figuring out already having discussions of what the future might hold for that location.

And I'll leave it with this. Perhaps we should start looking at private property that's near the expansion to see if anything goes on sale on the market. I mean, we're probably not there in Market Valley, but I can see where perhaps if we pick up a parcel somewhere nearby, we can provide some of that parking that would be within walking distance to the expansion. Thank you.

These are great discussions. Four-letter word called T-R-A-M. Tram. Yes, or shuttle.

We hear you loud and clear on that. Thank you.

Thank you. And again, I think for the sake of sharing this with our community, full construction is anticipated to begin this summer and be completed, fingers crossed, by December of 2027 with an expected grand opening in summer of 2028, summer of the Olympics. But thank you, thank you, Director Baumgartner, and great report. I will now entertain a motion to approve. So moved.

Second.

Please vote.

The motion is approved unanimously.

Okay, now moving on to we have to for clarification purposes for members of the public.

Item number 16 was pulled from the agenda and will not be considered tonight. I mean, number 1515. I'm sorry.

Yes, 50. So it will not be considered tonight. And we have two administrative reports. And number 18 is the adoption of resolution approving a policy regarding disruption of telephonic or internet service during city council meetings and related actions and updates to the Brown Act under SB 707. That the city council adopt resolution number 26-88. 358 approving a policy regarding disruption of telephonic or internet service during city council meetings and number two designate town voice a two-way audiovisual platform as the means for remote public participation at a city council meetings occurring after july 1 2026 city manager bradley who's got the staff report city attorney funk will take this item thank you mayor thank you

Good evening, Mayor and Council. The occasion for tonight's report is Senate Bill 707, which made sweeping updates to the Brown Act, which, as you know, is the primary state law that governs the conduct and the protocols of meetings of legislative bodies in the state of California. In October of last year, Governor Newsom signed into law SB 707, which was the most significant update to the Brown Act in years. It was intended to diversify and increase public engagement in local government and also modernize the Brown Act in the face of technological advancements. The most significant changes of SB 707 will take effect on July 1, 2026. Several of the other changes have already taken effect of January 1, 2026, but the most pivotal ones take effect on July 1. SB 707 applies to all cities, including charter cities, and particularly to eligible legislative bodies. That was a new term coined by SB 707, and it was defined very precisely in the statutory framework. The eligible legislative bodies to which SB 707 is applicable means a city council of a city with a population of 30,000 or more, which certainly means us. So there is really, it's unequivocal that SB 707 applies to cities of our size and all across the state, cities are making the changes required by SB 707 by the required deadline of July 1st. The key change for us and for other jurisdictions in similarly situated is remote public participation. So for any council meetings occurring after July 1st, 2026, the city must provide members of the public the opportunity to attend and make public comment through either a two-way telephonic service or a two-way audio-visual platform. Those terms are defined very precisely in SB 707, and I've actually excerpted the definitions there just to be very clear. Under the law, a two-way telephonic service means a telephone service not requiring internet and allowing participants to dial a phone number to listen and verbally participate. A two-way audiovisual platform is an online platform that provides participants with the ability to participate in a meeting by both an interactive video conference and a two-way phone service. Currently, as you know, our city council meetings are broadcast on a view-only basis through a dedicated YouTube channel without the opportunity for remote public comment. So the main change for us or what this ushers in for us is remote public comment to cut to the chase. And to satisfy that requirement, that is for remote capability, staff has studied various platforms and means to comply with this requirement. And I recommended the acquisition of a product called Town Voice. This is a platform that is offered by our agenda management software provider that is integrated within our agenda management software program and is very user-friendly on both ends. It's being implemented in other cities as well. The first meeting at which remote participation will be offered is expected to be the last meeting in July, as the first meeting in July is dark on July 14th due to our prior cancellation. Importantly, these new remote participation requirements apply to council meetings alone and not to meetings of any other city bodies. So what we're talking about tonight is applicable to the conduct and the procedure for city council meetings and not other legislative or advisory bodies or subsidiary bodies of the city. Say, for example, the Planning Commission or the Public Works Committee. This is a cost-effective solution. I'll just emphasize that. It is user-friendly. Before the last slide, I did describe the two options to satisfy and comply with SB 707, either a two-way phone service or an internet-based audio-visual platform. Staff did look into the two-way telephone service, but our current telephone service has some existing constraints that make it much more challenging to implement the remote participation option by a purely telephone service. It's also less user-friendly on our end, as well as it is on the public's end. And the goal of SB 707 was really to make public meetings more accessible to the public. In our view, the audiovisual platform is a more ideal, a more optimal way of satisfying the requirement of that remote participation. And along with remote participation comes the requirement of adopting a policy concerning what happens when that opportunity for remote participation becomes disrupted through, say, a technology glitch or technology issue. So SB 707 also requires in tandem the adoption of a policy addressing disruption of telephonic or internet service during city council meetings. That policy has to include four elements under the law. And that policy, very important, has to be adopted in open session and not on the consent calendar under the law. And that's why we're here tonight primarily. The four elements of the policy are the following. In the event of a technology disruption, the Council must recess the open session for at least an hour and make a good faith attempt to restore the service. During that hour or less, the Council may meet in closed session if a closed session was agendized. The open session may not reconvene for at least an hour or until service is restored, whichever comes first. And upon reconvening that the hour mark of service has not been restored, City Council may only resume a meeting after adopting by a roll call vote of finding that good faith efforts were made to restore service, and that continuing the meeting outweighs the public interest in remote public access. So those four elements are contained in the policy that is before you tonight for adoption, and they are an express requirement of SB 707 that we do adopt such a policy. There are, too, some other changes in SB 707, as outlined in your agenda memo. I just covered them briefly. They are reasonable translation assistance for members of the public. Local outreach to encourage public participation by residents, including those in underrepresented communities and non-English-speaking communities. some enhanced agenda translation and posting requirements. All these are described in detail in the agenda memo and are going to be overseen by the clerk's office primarily. They're all administrative in nature and don't require your approval tonight. The main items requiring your approval tonight are the selection of a means for the public to participate remotely in city council meetings and the approval of a resolution governing the scenario where we have a technology disruption that interrupts the ability of the public to participate. A quick note on legislative body teleconferencing. As you may be aware, the Brown Act permits what is known as legislative body teleconferencing. And this is defined as a meeting of the legislative body where the members are in different locations connected by electronic means, either through either audio or video or both. SBO 7 continues and updates this practice while special requirements apply to all forms of teleconferencing by members of the legislative body itself. Following the return of in-person public meetings after the COVID-19 state of emergency, as a practice, teleconferencing has not been utilized for council meetings. The Brown Act authorizes this practice, but it does not require it, meaning that the city council may elect whether or not to allow it. At some future meeting, if the Council's desires, staff can come back with all the requirements that are necessary for teleconferencing or for members to participate in City Council meetings remotely. But again, for now, I just want to note that as a practice since, I believe, 2022, if I'm not mistaken, the Council has not elected to use teleconferencing by the members of the legislative body itself. as distinguished by teleconferencing or participation by members of the public. So tonight's action items are to designate Town Voice, which is a two-way audiovisual platform that I described earlier as the means for remote public participation at City Council meetings occurring after July 1st, 2026. and to adopt a resolution approving a policy regarding disruption of telephonic or internet service during city council meetings. Remote public participation, just once again to reiterate, would begin at the second public meeting or the second city council meeting in July, provided that there are no earlier meetings scheduled, only because the first council meeting in July is dark due to a prior cancellation. And I'm available for any questions that the council may have on SB 707 and the changes.

Thank you, City Attorney Funk. Colleagues, anybody have any questions, comments?

Is there a time indication in the governor's or in this bill? Does it say we have to put this into effect by a certain date?

bill was signed in October of 2025. Many of the less significant changes went into effect on January 1. The key changes that I described tonight and that are before you tonight go into effect on July 1, 2026. Coincidentally, and to piggyback on your earlier comment on the sunset provision, Councilmember, there is there is such a provision in this law. These requirements that I'm describing tonight are scheduled to sunset or end on January 1st, 2030. The legislature always has the option of continuing them and often does, depending on the experience of the law in the intervening years. But it's currently, all these requirements are currently scheduled to sunset on January 1st, 2030. Thank you.

Council Member Pemberton.

Yes. Thank you for a detailed report. I've read a lot of this. And as we have in public comment, when we have a teleconferencing person, the screen will be off. And so they'll be just hearing an auditory comment from that public comment?

Yes, that is correct.

OK. And interesting that we have to wait one hour. So if we lose connection, if there's no power, what if there was no power? We still have to remain here for an hour? Or we could be dismissed?

catastrophic emergency or something of that nature the council could adjourn in that scenario as well okay but otherwise try to get the connection back so the people can continue that's the important part of it is to make good faith efforts to restore the connection and in that and to that end it would be the clerk working with i.t staff in an attempt to restore service and to troubleshoot

And so even people that are calling in, if they have any improper dialogue or disruptive or something of that nature, just like we would do here, that they would be maybe told not to stop or they might be taken out or they could be muted, in a sense, if it was of a level of that.

Yes, I'm glad you raised that point. All the similar protocols and the council's ability to regulate public comment, to lawfully regulate public comment, I might add, all are applicable to any public comment made via telephone as well. Those same rules apply, whether someone is speaking in person or speaking by telephone.

And so another new item that was listed in here is Senate bill 707 requiring agenda. Just the agenda to be translated to pick applicable legos. So we're going to have it in Spanish, but I think we may have already the agenda in Spanish in the back that we have or.

We do that, but we're also ahead of the curve in a bit. In a certain respect, the agenda management software that Alicia and her staff implemented also contains a feature for on-demand translation into almost any language. Alicia, I'm not sure how many languages, but it probably exceeds 20, the number of languages that one can translate into on-demand. That requirement too, by the way, though, ALSO IMPOSES ON THE CITY A REQUIREMENT TO HAVE A SPACE NEXT TO ITS AGENDA POSTING USUAL AGENDA POSTING LOCATION WHEREBY WE ALLOW THE PUBLIC TO POST translations of an agenda into a language of their choice if they so choose but we just need to provide a space for it we don't take any responsibility for that translation nor are we required to provide it but we need to provide a space for the public too okay thank you thank you attorney frank any other comments

I just have one question. I think maybe I didn't hear correctly the response regards to Councilwoman Pepperton's question. If they're going off board and start, you know, not following our rules, we can't mute them and then just nobody can hear them and just say we pause?

That is correct. So the same rules of protocol and of decorum and conduct apply to speakers providing public comment online, as do the rules, as the same rules apply for them as well. And so, you know, they need to abide by the same rules as folks providing their comment in person here at the microphone.

Just gives me reassurance that you can actually mute right there and stay quiet.

And when I say the same rules, that's just not decorum, but the time limit as well. For example, you know, if the meeting presider, you know, was faced with or if the council was faced with a large volume of public comments, you know, the presider could elect to shorten the time for a public comment. Now what we would do is factor into the total number of public comments, not only the folks in person, but the folks in the queue online as well. And so.

will we know who the person speaking is?

They can. They usually will provide the information on the platform itself, their name and phone number. We typically can't require them to do that, but we do typically ask our folks providing public comment for that information.

It just gives me, I know that we put a restraining order on a certain individual. It's going to be a little harder for these individuals via telephone to know who that individual is if they're causing such a nuisance in our, they can just go via phone, correct?

I'm sorry, what was that?

We put a restraining order. I know our mayor was a fighter for this. And I know you, city attorney, you also provided that. But I feel like allowing them to, via phone, have that opportunity, we won't know who really they are. And so any individual can really go via phone and just, we won't have that reassurance of who that person is.

What I can say is that all the restraining orders that we have obtained to date do include a provision or a prohibiting conduct by any means, including by telephone, which would govern the situation. I understand your point if there was some difficulty in ascertaining whether the person on the other end of the line was really someone who was subject to a restraining order. Though I feel somewhat confident based on our past experience that we may be able to identify an individual who I think I know you're talking about. We don't have too many individuals who are subject to those restraining orders, but I think we have the means to make a good faith effort to identify them. And I say that because I think it would be fairly evident based on the content of their public comment if history is any measure. Okay, thank you.

Thank you. We touched a little bit about saying your name and who comes to speak. Just quickly, I guess for those listening, it is not required. It used to be a requirement that if you came to the podium to speak, you would give your name, you even had to give your address, but now that's changed. Now if somebody comes up to the podium, they just start talking and they can say their name if they want, but it's not a requirement.

That is correct.

Is that right? Okay.

Can we make it a requirement?

no we we can certainly ask and i i think it's been our experience that most of folks providing public comment at our city council meetings do provide their information to us on the comment card or otherwise but but it cannot be made a requirement as a condition to provide public comment

Well, if there's no other comments, I will now entertain a motion in a second to approve the staff's recommended actions number one and two.

I'll make a motion. Second.

Okay, please vote. The motion is approved unanimously. Thank you, City Attorney Funk.

You're welcome, thanks for your consideration.

OK, the last item on our agenda this evening is item number 19, the resolutions amending the City of Downey Code of Ethics and Conduct for members of the Downey City Council and city commissions, committees, and boards. that the City Council, number one, adopt a resolution number 26-8359, amending the City of Downey Code of Ethics in conduct for members of the Downey City Council, and two, adopt resolution number 26-8360, amending the City of Downey Code of Ethics in conduct for members of City Commissions, Committees, and Boards. City Manager?

Mayor, this item is returning to council for approval and incorporates the requested changes to the code of ethics and conduct for council members and city appointed boards, commissions and committees that were made at the council meeting at the May 12th meeting. I will turn it back over to the council for conversation. Thank you. Both myself and the city attorney are available if there's any questions.

Thank you. colleagues I think there's two items that were underlined in the staff report in relation to social media usage and then the last one the use of business cards or clothing apparel reflect reflecting the office and or bearing the city's logo seal or other marks that can only be used under express authorization from the city and not in any other fraudulent manner. I will open it up for my colleagues to discuss this item.

Yes, Madam Mayor, I'd like to go ahead and discuss adding a paragraph or two to the current ethics. Code of Ethics and Conduct. And it talks about different areas, as we've talked before, with integrity and honesty, responsibility, fairness, respect, and proper and efficient use. But we didn't have anything in there. There wasn't any language about unauthorized uses. And we've come across now the situation that we've had in a particular public works committee. And I had some wording. written, which I've also pulled from the general letter sent by our city manager to everyone on committees and commissions, and that I think we need to incorporate unauthorized uses, and then if we have anything, consequences of violation. So it's clearly spelled out what the commissions and committee members can and can't do, so that what's transpired already, that it won't occur again, so we can avoid having something like this in the future. and something to the effect of appointed unauthorized uses, which we are all aware of now, appointed commissioners or committee members are not allowed to use the city logo on personal apparel, business cards, mailings, or hold personal individual meetings as a representative of the city. Individuals must consent with city manager if it is unclear. So just clearly stating what we haven't had before in our code of ethics, what is allowed, what is not allowed, so that our commissioners and committee members know that they are in a advisory role, like it's stated here by the city manager in the letter in January. And then we could have another section in here that said consequences of violations. So to state what you can and can't do is one thing, but what is the consequence of that? Again, I was pulling information from other areas, other cities that have put of ethics and what they had. And I have a suggested type of writing under violation. Violation of any of these actions can result in removal of office by either the board they represent or the city council. Removal from office will also disqualify the individual from any future appointments. The appointment of each individual is to uphold integrity and public trust. Violations occur when elected officials or appointed members fail to meet these standards in public when representing the City of Downey. So it's just two simple paragraphs that I might suggest adding the verbiage to, and that would apply for both. the code of ethics that we have for our committee and commissioners and the ones that we as elected officials also sign and adhere to. So that would be my expression or with the council we may say when it comes to apparel or things of that nature that the council may have another line that would read, may not be used without the express written consent of the city manager so that we have another lens looking at what we might want to do, something that we want to have printed as an elected body.

So just jumping on to a question right there. So these business cards and clothing apparel, I'm not going to lie, but I created my own jacket as a city council member. I didn't want a place that uh burden on our uh our budget i just decided hey i have someone who does that uh let me let me pay for myself my city council jacket and shirts i have a couple shirts that i made as a seated council member i also made business cards i with a qr code with a direct link to my phone number, my Instagram, my Facebook. So with this now in the court of ethics, I'm required to get a signature from our city manager approving that or just throw it away?

Well, I think in the level that we as elected officials have a different level that we are authorized to do things as versus someone appointed in the commission or committee member level. And I could see a two-tiered step where AS A COMMISSIONER OR CITY COMMISSIONER OR A COMMITTEE COMMISSIONER OR A COMMITTEE MEMBER THAT WOULD NOT BE MEMBER THAT WOULD NOT BE AUTHORIZED AND THAT WOULD NOT BE AUTHORIZED AND THAT WOULD NOT BE NEEDED OR WARRANTED BUT AS A NEEDED OR WARRANTED BUT AS A COUNCIL BODY IT WOULD BE DIFFERENT COUNCIL BODY IT WOULD BE DIFFERENT BECAUSE WE ARE AN ELECTED BECAUSE WE ARE AN ELECTED POSITION THAT MIGHT LIKE YOU POSITION THAT MIGHT LIKE YOU SAID SAVE SOME COST YOU WANTED SAID SAVE SOME COST YOU WANTED SOMETHING DIFFERENT MAYBE IT SOMETHING DIFFERENT MAYBE IT DIDN'T FIT RIGHT.

DIDN'T FIT RIGHT. OPEN TO DISCUSSION ON THAT.

It's cookie cutter. It's about the same. We could tailor it more for council versus.

There are two separate policies that are being considered. So one is for the council and one is for the other appointed bodies.

I didn't understand it. I'm sorry. So there are two separate ones.

Yeah. There are two separate policies. They are substantively identical or nearly substantively identical. At the last council meeting, the council's direction was to incorporate the same additions to both codes. And so that explains somewhat the way they were translated. So they could apply to both codes. But it's certainly the council's discretion or purview to deviate from that approach if it prefers. There are two additions being made, just to clarify. One is under respect for fellow appointed officials, staff, and the public regarding social media. And the second addition is under the heading proper and efficient use of public resources, and that's regarding the use of business cards and clothing apparel.

So then, based on Mayor Pro Tem's statements with We'd be removing the business cards of clothing apparel from the council. Resolution, I think it should apply to the commissioners, but yes, for the council can we eliminate it.

I could see that for the council, because we already are getting certain things and it'd be a little bit more more free from we have the, the. representation that were out more often, things of that nature. I could see that. But my intention originally was for commissioners and committee members that they are restricted. They have more restrictions than we as the council.

And I'm open to also adding that if we ever get new commissioners, that they are provided the shirts. I remember we were, I was in a planning commission and it took us a while to receive our shirts. They came in and to really serve our city and with good intentions and we really want to go out there and be representatives representatives of our commissions and boards and i and i think that they at least deserve a shirt to showcase what they're doing for our community so if we are taking off of that for our commissioners that they are provided in the following weeks a shirt

yeah i don't see a problem with that adding a line that say shirts will be provided by the city period can i just offer one um clarification on that point um i know we reviewed this point last time and the point is made in the staff memo but the code of ethics is really a statement of behaviors to be expected it's really if you will commissioner specific as to what the city will do or will not do. So with respect to the suggestion that commissioners be provided a shirt, that is a policy I believe the city can make with or without reference to it in the code of ethics. It's certainly a way to facilitate compliance with the behavior that is to be expected under the code. However, it's not necessarily a behavior that commissioners themselves are expected to abide by, but more of something that the city would do positively and not wholly consonant with the purpose of the document. Again, maybe just another way to put it is that this is very commissioner and council member specific in terms of what the expectations of them are rather than what the city will do or not do. And the document is also what I would call self-enforcing, meaning the council enforces it. So with respect to any remedies, those ordinarily would not appear in this code. Those remedies are always at the council's discretion. They include removal, reprimand. Those could be invoked at any time. I might counsel against including any remedies in here for fear of limiting yourself in any way, shape or form to what the council may elect to do if it feels a violation of these codes has taken place.

I would also like to discuss on page number four, the respect for fellow appointed officials, staff, and the public. The last bullet point that was added is, and I believe this is important, because we are living in times we have not experienced where, as we've mentioned, political violence and hateful rhetoric are diminishing all of us. And we need to expressly reject it, and without hesitation, consistently, and also hold every member that we appoint to any committee, to any commission, as well as ourselves, with the use of social media. And this, again, being elected. individuals. We are not to block anyone, and I don't think anyone on this dais is blocking anyone, but we need to make sure that we also state with the prevalent use of social media that promoting violence, threats, harassment, intimidation, or discrimination against groups, including posting, sharing, endorsing, or amplifying content that has this effect. I think that is an important bullet that needs to be added because we are living in an age where social media continues to explode. And we need to hold ourselves to a higher standard. That is part of our democracy, and we are experiencing that troubling erosion of civility. In fact, the city of Downey, along with the city of Long Beach and other cities, we have a resolution that is being introduced at the Conference of Mayors coming up in June that directly speaks to not just this bullet point, but at a time when both sides are experiencing that lack of civility, that as mayors, we need to recommit to civil discourse and to doing everything we can to make sure we're not amplifying hateful political rhetoric. And so again, I think this is a big thing that the city of Downey is proposing that resolution alongside with the city of Long Beach at this convening of national mayors across the country. And so again, it's all about not just us and how long we sit on this dais, but the people that are gonna be coming after us. And again, committee members and commissioners that are current and the ones that are coming. I think that is important.

I share your concerns about it, but I'm worried about setting ourselves up for future litigation. I mean, look, let's talk about, and I have to bring this up, let's talk about our planning commissioner, Mario Guerra. He went on social media using his podcast to, what some people would say, disparage elected officials in our neighboring cities, something that none of us have ever done. And now we have a planning commissioner who And look, he has official amendment rights. So my concern is, and this is going to be a question for our city attorney, I'm just worried that this is going to end up in an exhibit. Exhibit one is some lawsuit where if a council takes action or if you allow commissioners to remove themselves, someone's going to sue us. And my concern is, from a First Amendment point of view, that this may be too vague and ambiguous. So I wanted to ask our city attorney, I mean, are we concerned about the vagueness and the ambiguity because I mean, if you look at Planning Commissioner Guerra's comments where he says there's two cities, two neighboring cities that are electing bad elected officials, and then you have the mayors of those two cities actually responding. And there's all this social media dialogue going about how Downey, a two-time former mayor, planning commissioner, and he always makes it a point to remind us, it's almost like he's wants to intimate that he's still representing the city, which we all agree our commissioners represent us. He called out two cities, and I would expect that under this policy, somebody's going to make a motion because of what he did. And knowing former Mayor Guerra, he'd probably sue us. And so I'm just afraid, Mr. City Attorney, that this language might be too vague and ambiguous, and we're creating or setting ourselves up for litigation, because as Mayor Fermento points out, we're going to be gone. So future councils are gonna have this at their disposal. Last time I said, look, I believe that the censure policy or the censure process, which we have in place, which was used recently, and the ability to remove commissioners, I think would be sufficient. So I'm just afraid from a litigation perspective that this language, well, I get where you're going, is setting ourselves up. And the biggest example being Mayor Guerra. I found his comments to be unnecessary. to speak ill of the neighboring elected officials? Who does that? We don't do that. You know, we try to stay focused on what we do here in Downey, and we have disagreements about what we're doing here in Downey. But that would be the classic example. You have a planning commissioner who has his own podcast, who's on social media. It's his own personal resources he's using. And I see where a future council may say, nope, let's implement our policy and here we go and we're going to end up in litigation. So that's my concern. I want to speak on it because I think this is not making good policy for us. I think we have the vehicles in place that we can still take if we disagree with the conduct of one of our own amongst us. So that's my only concern. And that's where the political piece comes in. I mean, future council members, look, you know when you're in a majority. You know when you have three-two. So you know how you can move certain things along. And I just think we're empowering and weaponizing future council members. to use this vehicle perhaps in an inappropriate matter with politics coming into it and we end up with the First Amendment lawsuit. So I wanted to express those concerns because I really do think, Mayor, that just the censure process, and I do agree with a lot of the language. We should say no business cards. We should say no this. But when we get into the language factor, I'm just concerned that we're setting ourselves up for litigation. Any concerns about begging ambiguity? Mr. City Attorney on the language. Should we be concerned about anything?

Your concern is centered around the social media piece?

I don't... Part of it is the social media piece, but I think now we're giving evidence. If a future council takes action against somebody on social media, look, I lower it up. I look into what can I do, right? And there were certain things that we could do. I made certain decisions, but I don't know that other people will make those decisions. I think you're going to set future councils up for possible litigation.

Thank you Council Member Trujillo for those comments and concerns. Just as a first observation I would say that While current officials may expect former officials to also abide by the Code of Ethics and Conduct as it currently stands, this would be applicable to current office holders and commissioners and committee members. And so with respect to any former office holders or commissioners, again, while there might be an expectation that they too would abide by these or similar guidelines, they would no longer necessarily be bound by them because they're no longer in office. And these are designed to operate, these are designed to apply to individuals who currently hold their offices.

And that's the concern with Commissioner Guerra is he's a former elected official. He can say whatever he wants as a former elected official, but he is one of our planning commissioners. And he's making his comments, which I believe he's entitled to in his own podcast, on his own personal social media. The city has no relationship to that. I just want to point out an example of we have a planning commissioner who would I believe come into what we're trying to do here and I mean to say that his remarks are not disparaging I think it's just not being you know, of integrity and honesty. So I think it's about policy, Madam Mayor. I think we have the processes in place at least to do certain things. But I do agree that any specific language when it comes to conduct, we need to enumerate, as Councilwoman Pemberton has pointed out. It's just the social media piece, as Councilmember Sosa pointed out, is what concerns me.

to address your point a little more precisely if I may. I would also emphasize that this is an expectation rather than a rule or an expectation of how you think your colleagues and commissioners should comport themselves rather than an absolute prohibition So I think that alone serves to insulate it a bit from litigation and as opposed to any threat of litigation or the possibility of it, that would really, especially with First Amendment litigation, that really pivots on what the expression is or what the communication is So I know you've mentioned a couple of examples tonight, but without a more exhaustive analysis of exactly what that is relative to First Amendment jurisprudence, it wouldn't be entirely possible to say that it is likely or unlikely that we would be sued over this. But more important is that this really is an expectation, a guideline, if you will, rather than a bright line rule.

Okay, and just one correction. I would say that in respect for fellow appointed officials, we have the word elected. So respect for fellow elected and appointed officials. um where are you saying that um i'm looking at the exhibit exhibit a under their respect for fellow the additional point we should have respect for our fellow elected and appointed officials on the head of the heading yes okay in the heading yes that was all mary

And I think this falls in line with just putting it for face value there written down. Some people may assume differently. We don't want any assumptions. We spell it out. We put it in writing. Times change where you have to do things of that nature. And the same thing with what you can't do or not do. Some people understand it. Others don't. We're clarifying it. Plain and simple.

Yes. If there aren't any other comments or questions,

I would like to make a recommendation that we adopt the resolution that is stated here 268359 in the code of ethics with the amendment that my council colleague has stated with using the words in the respect section I do not use social media for the purpose of promoting violence, threats, harassment, intimidation, or discrimination against my fellow ad-elected or appointed officials, individuals, or groups, including posting, sharing, endorsing, or amplifying. So adding the word elected and appoint, is that correct, Councilmember? Okay. So adopting that resolution, 2683.59 and 2683.60 with those two words into the respect for fellow appointed officials section.

You're making also the business cards and everything else for just the same for Council.

Oh, correct. So we need to clean this up a little better. Resolution 26-8359 applies to the members of the Downey City Council.

So then we would be moving the last bullet point, any use of business cards or clothing apparel. Correct. We would move that to Resolution 26-8360, which applies to... We remove that section.

We remove that section that applies to the Downey City Council.

Mm-hmm.

ALSO ADDING THE ELECTED AND APPOINTED WORDING IN THE SECTION FOR RESPECT FOR FELLOW APPOINTED OFFICIALS. CORRECT, COUNCILMAN ARTIZ?

YES.

SO DID WE GET THOSE CORRECTIONS?

Mayor, if you'll indulge me, I'd just like to clarify that so we endeavor to get it exactly as the Council wishes. With respect to resolution or proposed resolution 268359, resolution amending the code of ethics for members of the Downey City Council, I understand there are two changes the council may wish to introduce. The first is to add the phrase elected or appointed between fellow and officials in the new language being added under the section entitled respect for a fellow appointed official staff and the public. And the second change is to omit entirely the new language that was suggested for business clothes or clothing apparel under the section of proper and efficient use of public resources.

Correct. Yes.

Thank you.

Okay, so we have a motion by council member Pemberton. Do we have a second?

Just for 2683 59.

Yeah, because that one is just for council members. Thank you. Correct. And then that would apply to the committee members and commissions that respect for fellow elected and appointed officials added those two.

And I would just right now I'd like to just make an approval for this resolution with those two changes. So it's clear.

Can I have a second on that second?

And now. So we should vote on that one individually?

Please vote.

The motion is approved with Council Member Trujillo voting no.

Okay, now for resolution number 268360, 8360. Yes. That is for members of city commissions, committees, and boards. Same amendment, right? Respect for fellow elected and appointed.

I would like to add to that do not use social media section. My fellow elected and appointed officials, adding that verbiage, keeping the business card section and clothing section from not being allowed.

OK. Are you making a motion? Yes, I am. Second. Please vote. Just to clarify, if I may, without unduly delaying the proceedings,

Just to clarify, if I may, without unduly delaying the proceedings, forgive me, but the Councilmember Pemberton's motion with respect to Resolution 268360 incorporated the language elected or appointed in the same manner as the prior motion did, and additionally kept intact the language introduced regarding the prohibition of business cards from clothing apparel, kept intact that language as is. Yes. And preserved it?

Yes. Okay, so we have a motion made by Councilmember Pemberton. I seconded the motion. Please vote.

The motion is approved with Councilmember Trujillo voting no.

Okay. Thank you, everybody. At this time, I will turn it over to my City Council colleagues for member announcements, requests for future agenda items, conference and meeting reports. I will start with Mayor Pro Tem Horacio Ortiz.

Thank you, Mayor. I don't have much to report. I did attend the 70th Annual Volunteer Award with some of my colleagues. It was a great event to recognize volunteers that really do help our city move forward. BEHIND THE SCENES THAT MAKE OUR CITY BETTER. THE MAYOR AND I ALSO ATTENDED THE RADIO STATION AT BJ PETRO'S AND MONEY. WE TOOK APOLLO. IT WAS A GOOD EVENT. IT WAS FUNNY. A little different, but I appreciate that we can highlight FIFA and highlight our great city. I also, with Councilwoman Pemberton, attended the Public Works Breakfast, and I want to take this opportunity to thank all our Public Works. Matt, thank you so much for everything you've done. You were missed. But I'm going to take the opportunity that really take care of our city, our roads, our streets, our lights. You guys do a lot and appreciate everything you have done. I know Cleta Street, everybody's so happy with Speed Hump. So thank you so much. And lastly, I also attended the Rio Hondo's family picnic. My godson asked me to go with my city jacket. And it was a pretty nice event. He was... kind of taking me everywhere. And, and introduced me to his best friend. So it was a good event. Be there with the family. And with that, I conclude my comments for tonight. Thank you, madam.

Thank you, Mayor Pro Tem Ortiz. Moving on to Councilmember Sosa.

Thank you, Madam Mayor. I do have a report, but I do want to, I have a few requests. First, I'd like to request a traffic study on Reeves and Adwin during school hours. There's a crosswalk and A CROSSING GUARD THERE DURING SCHOOL HOURS DURING THE SCHOOL YEAR AND YOU HAVE A LOT OF TRAFFIC. I'VE DRIVEN DOWN THAT STREET MANY TIMES IN THE MORNING AND IN THE AFTERNOON WHEN KIDS GET LET OUT. YOU HAVE A LOT OF KIDS GOING TO DOWN BROOK MILL TO WARREN HIGH AND THEN ALSO THE OPPOSITE WAY TO And you have a lot of stopped traffic at that point. And you see cars trying to maneuver. Some may be speeding, trying to get to the destination. So I'd like a traffic study. Maybe look at if there's any options for improved safety or maybe set some speed traps around there. I don't know. But I'd like a traffic study around there. It just doesn't seem safe for the crossroads.

Is that Old River School? What is that?

No, it's Reeves and Edwin. It's between Paramount and Old River School Road. Got it. Another traffic study I'd like is on Old River School Road between Mueller and Firestone. Mueller is the entry into Rio Hondo Golf Club. And from that point to Firestone, it seems like a speedway at times. I do have some residents that I know that live around there. I know Council Member Pemberton knows that area very well. But there's a long gap between Mueller and Firestone. I'd like to get a traffic study on that. Thank you. Thank you.

Well, I think we've Mueller. You mean on Old River? On Old River.

Not on Mueller. Between Mueller and Fireside. Yes.

I brought that up. I think we had discussed some options, but let's keep going on that. It's Old River School Raceway.

Yes. Well, we saw those cars getting crashed pretty badly.

Apart. Okay, so I had a second. Thank you. So also, this is... This is technically not our territory, but it's within Downey. And in light of the fire nearby Southgate over the weekend, I'd like to push for, you know, maybe we can advocate on, I know we've brought this up before, but cleaning up the trash and debris along the railroad tracks. And we have to involve Union Pacific and Caltrans. But I'd like to, if we put it out there, I'd like to reemphasize that.

Yes, second.

Thank you. I actually don't need a second on that one. We actually have a multi-city effort going on right now to engage the railroad to make sure that we get more timely reaction to issues in that area, more cleanliness and taking care of the issues out there. So we'll take that on and happy to push it forward.

Great. Thank you. And I do have a report to share. I represent Downey on the southeast gateway line advocacy group. The proposed station would run off of Gardendale, which falls within District two. And we had a very successful advocacy trip to Washington, D.C., Monday through Wednesday last week. Basically, we have 10 cities along the corridor, which, and I was joined by electeds from Artesia, Cerritos, Huntington Park, LA County, and LA Metro. And basically, it's a transit-oriented, I just want the public to know, This is a game changer. This is a big deal for the region, not only Downey, but for the region. It's going to offer a clean, safe, and efficient way to travel to commute from Artesia to downtown LA. And the projected completion date is 2035. Seems like a long time from now, but... especially with the housing mandates, we do need clean, safe, efficient ways to travel. It's gonna help alleviate traffic congestion. And then beyond that, we had some great meetings. We've had meetings in Sacramento as well. It's all to pitch for funding. I have to give LA Metro a lot of credit. They had all their ducks in a row. We were well received on Tuesday, which was the main day of advocacy. We had a 14 hour day and it was very productive. And each one of the members that we had representing the entities that I mentioned were really, it was a great team effort. So we're excited about that. And going beyond that, we're hoping that we can extend it once it's completed from Artesia to downtown LA that we can extend that through Orange County and connect Orange County to different parts of LA. The reason why it's such a big deal is the Southeast LA region has lacked access to high quality transit like this project. And this would be a game changer to allow people to move around. And it's gonna allow people to get to jobs, education, healthcare. while bringing new foot traffic and economic activity to local business corridors. So I will tell you that safety is the top priority and I can go down, we can be here all night telling you all the safety precautions and measures that LA Metro's putting in place. uh but it's it's expected to economically it's expected to create close to 90 000 jobs and generate about 5 billion per year in economic activity so i just wanted to share on that uh it was a great trip uh we we made a lot of headway we met a lot with a lot of legislative staffs uh we we did uh have one meeting with uh senator uh shifts um staff and he happened to walk in uh took the time to answer our questions i thought that was pretty cool and he seemed to be very supportive of this project so this is a game changer for the region it's a long-term play and i'm very excited for downey and for the region for this uh to come into play so i just wanted to share on that thank you that was excellent thank you council member sosa um council member trujillo

that is real from Stokes to Brookshire. It goes along the five freeway. I had a chance to drive the neighborhood and it really needs some attention. I saw a lot of brush, so possible fire concerns, but I don't know what we can do to beautify it. I mean, the residents there face the freeway wall and it's just dirty. I saw shopping carts, so we could maybe call on Caltrans.

Is this north of the 5?

It's south of the 5. It's on Vista del Rio.

Is that right? Is it south?

I know it's Vista del Rio, which is along. If I'm driving on the 5 north, Vista del Rio is on my right.

It's the north. That's where the abandoned cars were.

I don't know if it's north or south.

Okay.

I'd like to see if there's anything we could do to improve just aesthetically that piece of land for the residents there. I'm not saying we need to make any decisions now. But if there's anything we can do, although I suspect that it's going to be Caltrans property. So I could just get a second and maybe we can have them look into it and then have our people look Thank you.

Sorry, Vista Del Rio.

Between Stokes, S-T-O-A-K-E-S, to Brookshire. I think it's Rosa, Vista Del Rosa.

Vista Del Rosa, yes. Oh. Vista Del Rosa. I've walked those streets.

You might be right. Okay.

Yes. Yes, it's not Vista Del Rio, it's Vista Del Rosa.

um i need to report out i did attend the contract cities conference the three main issues continue to be local control with a lot of unfunded mandates and homelessness so our sheriff and our supervisor were there congratulations to mayor brenda almost on her year um I was able to attend with the rest of my colleagues. It was good to have the five of us there for our beautiful Memorial Day ceremonies. So it was good to be there with my colleagues. I do want to make a motion. I think we should consider the removal or the censure or reprimand of two-time former mayor and planning commissioner, Mario Guerra. I found his comments to be Unnecessary, but I'm becoming a former mayor who continues to be out there representing us. I saw that we had two local mayors respond to us. We're being talked about in social media, especially since we're so much about code of conducts and disparaging remarks and the political climate out there. I would have expected better from him. I was really disappointed. So I'd like to see if we could... get a second to consider uh some sanctions against mayor garrett our future at the next council meeting do i hear a second where where was this at i haven't heard it yeah i haven't heard that oh so it was on the it was sent to me um i don't follow the talking downy podcast um when did this occur council member it was sent to me a week ago and then i received responses and i did receive some troubling text messages from angry colleagues from both Huntington Park and Cudahy. Again, it's just, it's unfortunate, but his comments were, it's election season, please be careful who you vote for, particularly in two cities, Huntington Park and Cudahy, they elect bad, they have bad elected officials, or they elect bad elected officials, and Mayor Martinez, And Dr. Cynthia Gonzalez, Mayor of Cudahy responded. We sent those videos as well. Again, I don't follow the podcast, but I found those comments to be troubling and not not representative of the type of commissioners that we should have. So I think he needs to be held accountable for what he did. I mean, even we, as elected officials, are so careful not to talk about our eight fellow cities that border us. is just not conducive to a good working relationship. So I think that we should consider some sort of sanction. Maybe he should not be aware, be allowed to wear the apparel with the D, right, when he represents us. So do I hear a second to consider some type of accountability for his comments, which were unbecoming of a representative of our city?

Councilmember Trujillo, I can tell you that those videos are sent to me. I don't catch all those talking downy videos. But, I mean, I know as far as calling out other cities and elected officials, I'm not a big fan of that. But I can tell you that technically, you know, I saw it. I didn't see any violence promoted. I didn't see any threats or harassment, intimidation, discrimination. Like I said, calling out elected officials, I'm not a big fan of that, but I didn't see any of that.

I think it comes under the purview of respect, respect for our fellow elected officials and our appointed officials. Under that rubric, I think he falls squarely under the intent to hold people accountable who make disparaging remarks. I think that was the intent of the conduct code for our commissioners, and you have a prime example. So I do believe that this body, if we're really about holding our representatives accountable for disrespectful remarks. I think that's a classic example. Calling them bad elected officials.

I would like to see it. I haven't seen it. Plus, we haven't yet put that language in here. It's still not voted in with the resolution. So that would have to be first having that resolution in effect.

Well, if there's a second, I'm sure we can have time to look at it in preparation for that discussion. I don't hear a second, Madam Mayor. Thank you.

Thank you, Council Member Trujillo. Council Member Pemberton.

Yes, thank you, Madam Mayor. I attended the Coordinating Council Volunteer Recognition Dinner. I'm not sure if I missed that or not, but several of us were there. The Coordinating Council does an excellent job putting all the different groups together and recognizing volunteers. I also attended the PTA helps food pantry volunteer luncheon. The food pantry is helping families of Downey focusing with the school age Downey Unified School students along with their families or even just living in Downey. They gave us a tour of the facility. This was the pantry that I had run for several years. We were always stocked up, always ready to give out our seven bags that we did. but it was very thin. It was very lean and they are in need. I'm thinking I can discuss this maybe with city manager that we might have something within the city as a food drive for the pantry itself, but also maybe to let our residents know that if they'd like to drop off non-perishables For the PTA Helps Pantry, they are located at the Barber Riley Center. They're open two days a week, Wednesdays and Fridays, from 10 to 1. And they're looking for non-perishables, like cans of tuna, beans, veggies, soup, also cereal, pasta. And there are always items that can be used. As I mentioned, the times, open Wednesday to Friday from 10 to 1. You can just come by or call 562-861-7000. ASK THEM SPECIFIC THINGS THAT ARE ASK THEM SPECIFIC THINGS THAT ARE NEEDED. NEEDED. BUT LET'S TRY TO HELP OUR FOOD BUT LET'S TRY TO HELP OUR FOOD PANTRY. PANTRY. I KNOW IN THE SUMMER THEY STILL I KNOW IN THE SUMMER THEY STILL HAVE PEOPLE COMING EVEN THOUGH HAVE PEOPLE COMING EVEN THOUGH THE SCHOOLS WILL BE DARK AND THE SCHOOLS WILL BE DARK AND THERE'S NO MORE FOOD DRIVES. THERE'S NO MORE FOOD DRIVES. AS YOUR SIACA REPRESENTATIVE, I AS YOUR SIACA REPRESENTATIVE, I WANTED TO SHARE A POLICY THAT that is going to be in effect with our acting director is going to put this in effect. We're not going to have holds. Many people come to the shelters, prime days are Friday and Saturday, but sometimes that dog might be on a hold for finding a rescue or a foster to take the dog when its time limit is getting shorter. We're going to release the holds on Friday and Saturday so that if a family, a person, individual comes into the shelter during these prime times and sees a dog that they want or a cat that they want or I saw a rabbit the other day that they want, There's no hole. They can take that dog. We have an actual adopted family, so we should be able to release that pet then and there. So I think that might help, you know, to clear the shelters, let that person be adopted. Someone told me about that, that they wanted a dog, but they seem to be all on hold. So we're going to work to kind of release those animals for someone who wants to do it. We also have focusing, trying to, I'm focusing on Spain and neutering. can't see it no one's here but we have another organization that we collaborate with this was animal balance a lot of times it's the michelson foundation there's a no cost no spay and neuter clinic for this saturday sunday and monday may 30 31 and june 1st at siaka it's collaboration animals must be eight weeks old and two pounds residents must be living in siaka's service area So for the appointment, please email resources at siaca.org. Resources, R-E-S-O-U-R-C-E-S at siaca.org. I've seen on social media that the chatter is spreading this around, and hopefully we can continue to get this and they won't be full. Then we went to, did we talk about touch a truck on Saturday, which is great. You know, that was something started years ago. Little people, big people, the helicopter on the field at Independence Park. Thank you to our public works for coordinating all that, our city staff. It's a big endeavor when we do this, but I've never seen so many people come out. It's really successful. We talked about the Memorial Day service, and we took a tour of the Fun Box. Maybe I'll leave that for you to discuss. It was fun, and I took off my shoes and did the socks, but yes, I did. What do you mean I did it? Here's something interesting. Tomorrow, I'm going to the L.A. County Ballot Processing Center for a tour. I received an invitation. It's located in the City of Industry. I don't know if any of you were able to make it. I was hoping to join you, but I'm going to see how they count ballots and how they're processed and all of that important stuff for what's coming up next election. And just quickly, we already talked on the consent calendar of the construction for the space shuttle. But what we also approved in that consent calendar was the Bellflower Boulevard Water System Improvement Project. It's being awarded to a company, 2.4 million, and they're going to be doing major improvements with infrastructure before we do the paving. I know there's been a lot of talk about that road needing paving, but there's going to be, the work is to ensure reliable water service in the area. So thanks to our public works departments for many improvements that we're doing on our streets to make our seats have reliable water, safe and current with infrastructure. We're also gonna be renovating and retrofitting the city water yard. They're in need of updating a lot of safety features and also just in making retrofitting good along with a building that had a fire that needs to be redone. And I'm looking at Jason and I'm thinking concerts. And we have two great concerts coming up. We have, it's Yacht Rock and it's also Depeche Mode, the Depeche Mode experience with who's the artist, Freddie? Freddy Morales.

I'm a resident. Yeah.

This could be good. Yeah, he is just amazing. So there's still seats left. I encourage you. It's going to be next Saturday, June the 6th, and I think Friday, June the 12th for two different concerts. Great price. Thank you for making that happen. And we have three new officers that have come in. They have graduated from the Academy Chief, and we are welcoming them to Downey. We're looking forward to that. So that concludes my comments.

Thank you, Council Member Pemberton. We have a very active council. I'm going to try to keep my comments short. And I'm going to start by thanking our Public Works Department. I was not able to join you at the recognition breakfast. But if it wasn't for a great Public Works, we wouldn't be moving our city forward. And again, we have to do another video. Director Baumgartner, thank you again. As the residents have noticed, there's a lot of paving going around in our city throughout the main corridors, and this really improves the quality of life for our residents. I also want to thank our police department for their tremendous response to some critical incidents over the weekend that could have turned deadly. And I just want to applaud the officers in their de-escalation techniques and how successful they were in making sure that they mitigated what could have been very tragic situation. So thank you, Chief. Please relay our gratitude to our officers. And last but certainly not least, I also want to thank our fire department. It seems like fire season is here and we had several fires around, certainly the one bordering with Southgate was a little concerning for all of us, that thick, thick black smoke on Sunday. But thank you for your response. Thank you for continuing to keep our residents safe. And certainly thank you, City Manager, for making sure that the notification to our residents went out. Residents, I know we constantly let our residents know they have to opt in to receive these alert notifications. And if we can continue to maybe promote that on social media. That would be great. Again, we want more and more of our residents to opt in. But thank you. I think all around we had many wins. I don't want to be too repetitive. I did have the opportunity to attend with my council colleagues the 70th anniversary of the Coordinating Council. Again, great organizations doing great things for our city. Council Member Pemberton and I had an opportunity to meet with the owner of Fun Box and we had a little tour. I unfortunately, because I just recovered from four broken ribs, I wanted to take my shoes off and jump, but I didn't. I really had to refrain myself. But really a great addition to our community. And so I want to thank our community, our Economic Development Department for continuing to work hard to bring good businesses to our community. And last but certainly not least, we attended, Council Member Sosa and I, as well as Council Member, is it Pemberton? Did you attend the Vocational Nursing Graduation Program? i missed no i think it was just you and i um and again uh we were there to represent with our partners our school district and we have we have great city um we really do i have a couple of asks that i would like to touch on in in piggybacking on councilmember sosa regarding the um the railroad tracks Yes, there's a lot of debris and a lot of trash along the railroad tracks behind Stater Brothers, behind Ralph's. And again, we know there's homeless encampments here and there sometimes, and there's a lot of debris that is left behind. And again, if we can continue to either get the Union Pacific and or Caltrans to help us clear a lot of that debris along the railroad tracks behind the grocery stores, that would be great. and let's see um i've also as we drive around our city and we take such pride in the community that we have we have seen a tremendous improvement in strip malls um in the the owners of those strip malls taking great pride doing facelifts and but as i drive around our city and and perhaps council member sosa can also agree along paramount boulevard um between Komolet and Adouri, there's a little strip mall. Right next to it, it's gotten a facelift, but that particular one on Paramount between Komolet and Adouri, it's really, really, it seems like it's almost falling apart, that strip mall. And I want to ask, how are we communicating or what are we doing to notify owners of the various strip malls when those areas look not just tired, but really starting to look dilapidated. And if we don't make a big effort to bring those up to our expectations, it's that broken window philosophy. Things don't start to look bad. As well as the facades of apartment buildings, along you know again it's paramount breaching firestone there are some areas that really need us to maybe turn up the heat a little bit um we're working hard to make sure our city maintains some standards and i see many strip malls around that that just look neglected and dilapidated what what what can we do in or what are we doing

Well, we do actually go out from a code enforcement perspective and inspect those sites to make sure that there's no code violations. If there's no code violations, there's no legal recourse that we have to motivate change there. It doesn't mean that we can't engage with property owners or property managers to point out some of our concerns and to maybe... and indicate at least that we have a preference for change and see what their plans are, we can engage on that front. We haven't done that proactively at this point, but right now we really do things more from a code enforcement perspective to make sure they're at least compliant with the city's codes and ordinances.

Right, thank you. Because, and again, we know things are expensive and we don't necessarily want them to incur this additional huge cost. However, from a city and a city beautification standpoint, there's got to be a certain level of standard that our strip malls in our areas adhere by, right? So I think that we can do more. Yes.

And if I can build on City Manager Radley's comments. So our code enforcement team does proactively go around the city to check shopping centers and commercial centers to make sure they're up to par to the city's standards. That's been a directive of the city council as one of their goals for us. In addition to that, well, definitely what City Manager Bradley says regarding code violations, but our team also does a great job of reaching out to those property owners to see what they can do to do those phases, if you will, what we can do to kind of help them communicate with them about the expectations of the city to see what they can do to still improve the property beyond the code enforcement.

Congratulations. Thank you, Assistant City Manager. Just a paint, you know, a paint job can go a long way. And so we see as we drive around, there's this discrepancy and some looking really good and others seem to be falling apart.

The main concern, at least at the moment, with this particular location was on Paramount between Kamaleta and Nadori? Yes. Okay.

Got it. Okay. That will conclude my comments for tonight. City Manager.

Only thing I felt to mention earlier, I think there was a question about food drives. We do actually do internal food drives here at the city. We actually right now are partnering with PTA helps on one currently. So we do actually have that in motion and already in place. And that's all from staff. Thank you.

Thank you, thank you. I think we are eager to adjourn this meeting. So I will adjourn this meeting in memory of the United States Army service members, Lieutenant Kendrick Lamont Key Jr., 27, and Special Maria Collington, 19, who perished after falling off a cliff while participating in military exercises being conducted in Morocco. And firefighter Andrew Pontios, 52, 19-year veteran of the Los Angeles County Fire Department, who perished in the line of duty after sustaining fatal injuries while battling a large vehicle fire in the city of Palmdale. A moment of silence, please. Thank you. This meeting is adjourned. It's 924.