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HomeMy WebLinkAboutMinutes - 03-12-02 - Regular Meeting014074 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MARCH 12, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:35 p.m., March 12, 2002, in the Council Chamber of the Downey City Hall, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor/Chairman ABSENT:Rick Trejo Mayor Pro Tem/Vice-Chairman (excused) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development/ Assistant Executive Director Desi Alvarez, Director of Public Works APPROVAL OF CLOSED SESSION MINUTES – FEBRUARY 26. 2002 IP=-It was moved by Council Member/Commissioner Winningham, seconded by Council Member/Commissioner Cartozian, and unanimously carried (4-0) to approve the Closed Session Minutes of February 26, 2002. CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following Sections of the Government Code: A. SECTION 54956.9 - Subdivision (c) – Conference with legal counsel – anticipated litigation – initiation of litigation (two potential cases). B. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Downey City Employees’ Association – Maintenance and Miscellaneous Groups, and the Downey Public Safety Auxiliary Association. City Council/Community Dev. Comm. Minutes (adj .) 3/12/02 -1- 0140 C. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: Parcels 1-6 of the Downey NASA site generally bounded by Stewart and Gray Road, Imperial Highway and Lakewood Boulevard; negotiating parties: Ezralow Company; under negotiation: price and terms of payment. D. SECTION 54956.9 – Subdivision (b) – Conference with legal counsel – anticipated litigation – exposure to litigation (one potential case). The meeting reconvened in open session at 7:35 p.m. with Council Members/Commissioners Cartozian, Winningham, McCarthy and Perkins present; Council Member/Commissioner Trejo absent. There were no Closed Session actions to report. The meeting recessed at 7:36 p.m. ORAL COMMUNICATIONS: None The meeting reconvened for Oral Communications at 7:57 p.m. with Council Members/- Commissioners Cartozian, Winningham, McCarthy and Perkins present; Council Member/- Commissioner Trejo absent (see Oral Communications under the Regular City Council Meeting) and recessed at 8:45 p.m. The meeting reconvened at 11:19 p.m. with Council Members/Commissioners Cartozian, Winningham, McCarthy and Perkins present; Council Member/Commissioner Trejo absent. ADJOURNMENT: 11:20 p.m. Kathleen L. Midstokke, City Clerk/Secretary Meredith a Perkins, Mayor/Chairman h:\cclerk\sconte\ajmn03 12 City Council/Community Dev. Comm. Minutes (adj .) 3/12/02 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 12, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation by Automobile Club of So. Calif. to the Downey Police Dept. for Honorable Mention, Traffic Prog. Recognition Proclamation re Mental Retardation Awareness Month, March 2002, honoring the ARC of S.E. L. A. County Presentation of 2002 Downey Rose Float Portrait Speakers regarding the recent Police involved shooting of Gonzalo Martinez Barbara Beck, submitted packets to the Council re the So. Calif. Air Quality Management District & re funding avail. for the reduction of air emissions 2 Mike Colasurdo spoke re his experiences with the building procedures in Downey & suggested the City review this process 3 Res. #6550, certifying the Final Environmental Impact Report for the Downey Landing Specific Plan (SP-01-01 )Adopted Introduced 6 6 9 9 Ord. adopting the Downey Landing Specific Plan (SP-01-01 ) Removal of Items from Consent Calendar Council Minutes: Adj. & Reg. Mtgs. 2/26/02 Approved Warrants Issued: #174095-174455; Wire Nos. 30000289-296; $ 1 ,740,406.98 Approved 9 Loan Agreement between the City & Community Development Commission (CDC): Approve Operative Agreement #30 whereby City loans $300,000 to CDC Approved 9 Appropriation of grant funds: AI)prop. grant funds in amount of $80,682 to the Sewer Fund & $82,500 to the Capital Project Fund for sewer & sidewalk improvements along Bellflower Bl. Approved 9 PAGE 1 OF 3 COUNCIL MINUTES, MARCH 12, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ord. #1118, amending the Downey Municipal Code relating to employee relations Adopted 9 Ord. #1119, amending the Downey Municipal Code relating to speed limits for Third St.Adopted 9 Ord. #1 120, approv. Zone Change #01-106 for a portion of the property located at 8400-8432 Firestone Bl.Adopted 10 Ord. #1121, approv. Zone Change #01-107 for a portion of the property at 8400-8432 Firestone Bl., 8450 Firestone Bl. & 11221 Brookshire Av.Adopted 10 Ord. #1122, approv. Zone Change #01-108 for property at 12531 Paramount Bl. & adopt a negative declaration of environmental impact Adopted 10 Lakewood Bl. Road and Water Quality Improvement proj . : Dir. the Public Works Director to meet with the NASA Subcommittee Cont. to 7:30 p.m. 3/26/02 11 Groundwater conjunctive use in West and Central Basins Cont. to 7:30 p.m. 3/26/02 14 Cn. McCarthy re Senate Bill 1664 re conservancy formed re watershed of the Rio San Gabriel River Ref. to staff 14 14Cn. McCarthy re the challenge of water runoff regulations Cn. McCarthy re recent City election re fireworks & confidence in community leaders to increase enforcement and penalties for the illegal use of fireworks 14 14Cn. McCarthy mentioned Sunday is St. Patrick’s Day Cn. Winningham mentioned the multi-cultural Song Fest to be held 3/16/02 14 Cn. Winningham announced the YMCA’s Annual Easter Caravan Camp & req. the Mayor ack. Camp Director, Todd Comin, for his 30 years of service to the YMCA 15 PAGE 2 OF 3 COUNCIL MINUTES, MARCH 12, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Canozian re attending the Downey Council PTA’s Reflections Prog. where student art is displayed 15 15 15 Cn. Cartozian re the opening day event of North West Downey Little League Cn. Cartozian commended new Miss Downey, Lindsay Mitchum, and Miss Teen Downey, Ashley Guzman Cn. Cartozian directed the City Manager to review having the Public Works Dept. repaint the red fire lanes and red painted markings at public & private Downey schools 15 15 15 Mayor Perkins noted he enjoyed the pancakes at the North West Downey Little League opening day ceremony Mayor Perkins re the opening day ceremony for the Downey Ponytail League Mayor Perkins re attending the Downey Rose Float Assoc. pageant for the new Miss Downey and Miss Teen Downey and Courts 15 Mayor Perkins noted disappointment in delay in improvements scheduled for Independence Park, including new skate park facility, & other projects that are not on schedule 15 Adjourned in memory of Guy Oakes, father of Gloria Reed, Design Review Board Member & owner of the Country Butcher 15 15Meeting adjourned to 6:30 p.m., March 26, 2002 H:\cclerk\sconte\tab103 12 . 014076 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 12, 2002 The City Council of the City of Downey held a regular meeting at 7:41 p.m., March 12, 2002, in the Council Chamber of the Downey City Hall, Mayor Meredith H. Perkins presiding. PRESENT:Council Members: Meredith H. Perkins Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor ABSENT: Rick Trejo Mayor Pro Tem (excused) ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner David Rodriguez, Project Manager (NASA Site) Vanessa Roj as, Special Projects Coordinator Mark Sellheim, Principal Planner Christina Vogel, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Ed Dario, District Manager for the Downey area Automobile Club of Southern California (AAA), presented the AAA Honorable Mention, Traffic Program Recognition award, to the Downey Police Department, explaining the award is given to communities who have increased awareness of traffic safety issues and have addressed those issues. Mayor Perkins presented to Kevin McDonald, Executive Director of the ARC of Southeast Los Angeles County, a Proclamation declaring March 2002 Mental Retardation Awareness Month, and honoring the ARC, who is celebrating its 46th year. Mr. McDonald introduced Betty Morris, President of the ARC, along with several ARC clients. Council Minutes 3/12/02 -1- 0140 ? ? Ms. Morris passed out fliers announcing the annual ARC Walk for Independence, an annual fundraiser, which will be held April 20, 2002, at 8:00 a.m. Ron Oakum, President of last year’s Pasadena Tournament of Roses Parade, presented the 2002 Downey Rose Parade Float Portrait to Mayor Perkins. He thanked the City Council and Downey Rose Float Association for 50 years of participation in the Tournament of Roses Parade and thanked City staff and Miss Downey and her court for their participation. Mike Prokop, President of the Downey Rose Float Association, commended Mr. Oakum for a tremendous job in producing this year’s Rose Parade. He mentioned the Miss Downey Pageant for the selection of the new Miss Downey/Miss Teen Downey and their Courts was held last Saturday. He introduced the ladies present hom last year’s court who rode on Downey’s float in the 2002 Tournament of Roses Parade: Miss Downey Stephanie Tauson, Princesses Jennifer Torices, Julie Moldanado, Bianca Arceo, and Nicole Tyson. He also introduced Vice-President of the Downey Rose Float Association and Director of the Miss Downey Pageant, Gary Deremer, Construction and Decorating Chairman, Kelley Roberts, and other Rose Float Association members in the audience. ORAT I COMMUNICATIONS Mayor Perkins brought Oral Communications, which is normally held at 8:30 p.m., forward to 7:57 p.m., to allow a group in attendance to speak on a particular item. The following people spoke regarding the recent Downey Police Department vehicle pursuit involving Gonzalo Fabian Martinez, which resulted in the death of Mr. Martinez: Sebastian Martinez, brother of Gonzalo Martinez, Downey Norma Martinez, mother ofGonzalo Martinez, Downey Augustin Cevada, Aztlan Susan Quinteros, Downey Robert Hernandez, Norwalk George Perez, Downey Norberto Martinez, brother of Gonzalo Martinez, Downey Cheno Romero, Bell Gardens Joanna Quinteros, Downey Miguel Motez (sp.?), Downey Diana Quinteros, Downey Alice Hayes, Los Angeles Mayor Perkins offered the Council’s condolences to the Martinez family and noted he has ordered a full investigation into this matter, which will be released when it is complete. Barbara Beck, new Gateway Cities Intergovernmental Liaison for the Southern California Air Quality Management District (AQMD), submitted information packets on the AQMD to the Council. She mentioned $1.3 million in funding available for the reduction of air emissions and submitted information to the City Clerk regarding a bidders’ conference to be held March 28th at the AQMD Council Minutes 3/12/02 -2- . 0140?S Mike Colasurdo of Downey spoke regarding his experiences and what he felt were inadequacies in the building procedures in Downey. He mentioned the length of time it took to obtain approval to build a small guesthouse and stated he would not encourage new business owners to come to Downey. He suggested the City review its building process to consider handling things differently. Mayor Perkins called a brief recess at 8:45 p.m. and reconvened the Meeting at 8:55 with Council Members Cartozian, Winningham, McCarthy and Perkins present; Council Member Trejo absent HEARINGS Mayor Perkins opened the public hearing to CONSIDER DOWNEY LANDING SPECIFIC PLAN NO. Ol-OI AND THE ENVIRONMENTAL IMPACT REPORT WIR) TO GUIDE DEVELOPMENT OF THE 160-ACRE FORMER NASA INDUSTRIAL PLANT LOCATED AT 12214 LAKEWOOD BOULEVARD. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member McCarthy and so ordered to receive and file. There was no correspondence received regarding this matter. Mr. George explained the Specific Plan and EIR are another step in the process and progress of the redevelopment and reuse of the former NASA property and turned the hearing over to the Planning staff, consultants and applicants. Mr. Yoshiki advised the Planning Commission conducted a public hearing February 20, 2002, to consider a Specific Plan for this site. He noted the property is currently zoned industrial, which is not consistent with the City’s General Plan, which designates the area as mixed use. He explained State law provides for a mechanism, known as a Specific Plan, to set forth a way to provide principal planning to develop certain properties. He advised that staff determined the best way to proceed was to seek a professional planning consultant and environmental firm to develop and plan for the site and obtained EIP Associates, who has been working with staff for the past year to develop a plan, with the environmental impacts, to present to the Council. Woody Tescher ofEIP Associates mentioned this is a unique project for the City of Downey in scale and history and he narrated a visual program of the Specific Plan for the 160-acre site. He noted the Specific Plan sets forth a series of common development standards to guide any use that occurs within this area; will benefit the City socially and economically; is a mixed-use project, accommodating retail, film production facilities, a business park, and a hospital and medical office facility; creates employment opportunities to replace the jobs lost with the departure of the aerospace industry; and sets forth a strategy to make the site compatible with surrounding roadways, neighborhoods and land uses. He reviewed four key issues: The large number of existing structures with a scale that can be capitalized upon for the motion picture industry; bringing the General Plan designation and current zoning into consistency through the Specific Plan; addressing specific strategies regarding traffic and circulation impacts from this site; and establishing buffers through land use, landscape, setbacks and other elements to insure compatibility to the surrounding neighborhoods. Council Minutes 3/12/02 -3- 014 L) ? !1 Robin Tyner ofEIP Associates, explained the Specific Plan creates a distinct district with a range of mixed uses and ties it all together through consistent design standards. She advised it is divided into four components: A retail center in the northern section, hospital-medical services at the south end, media center in the central area, and a business park development at the east end. She narrated a visual program of these four components, pointing out standards and guidelines, and reviewed the circulation plan, access points, and landscaping. Wendy Katagi, EIP Associates, Project Manager for the Environmental Impact Report, stated EIP in conjunction with Stevens-Garland Associates, traffic engineers, and MCE Consulting Engineers, water, sewer, and hydrology engineers of the project, prepared a comprehensive EIR in accordance with the California Environmental Quality Act (CEQA). She pointed out the EIR looked at all environmental impacts associated with the Downey Landing Specific Plan. She referred to the list of issues evaluated in the program EIR and noted all construction related and project operational impacts associated with the Specific Plan were thoroughly addressed in the draft EIR, with appropriate mitigation measures incorporated into the final EIR. Richard Garland, Stevens-Garland Associates, traffic engineers, reviewed the three components of the traffic and circulation plan: The internal roadway system within the Specific Plan area; the external network, streets already in place as access routes to and from the site; and the interface between the internal and external street network, which involves driveways and intersections between the components and whether a traffic signal or stop sign would be used. He also reviewed the method utilized by the traffic engineer to arrive at this determination. Ms. Katagi advised the EIR engaged the public as well as relevant agencies and entities in its preparation and review. She pointed out twelve comment letters were received on the draft EIR, all were responded to, and all issues were addressed and incorporated into the final EIR. Douglas Gray, President of Downey Landing, LLC, one of the co-applicants on the Specific Plan, noted it has taken two years to reach this point and stated he hoped to begin construction within the next few months. He mentioned the concept was an integrated plan to create a sense of place and he felt, with the retail, the business park, and the probable success of the film studio, coupled with the Kaiser Permanente development, that this goal will be achieved and possibly exceeded. He addressed the timing of the development, noting the retail portion will be one of the first areas built, and he reviewed the design, walkways, landscaping, and hardscape at entry points. He noted the business park will follow the tone set by the retail. He felt the construction of the retail portion and that of the Kaiser development will attract business users to the commerce center. Greg Adams, a Senior Vice President of Kaiser Permanente, introduced Dr. Marty Gilbert, the Area Medical Director for the Kaiser Permanente Bellflower Medical Center, and Jim Harrington, Kaiser’s lead architect on this project. He gave a brief overview of the Kaiser Permanente organization, noting it is the largest health plan in the State of California, is the largest not-for-pro6t health plan in the country, is committed to providing the highest quality of medical care, and is committed to the communities in which it is located and serves. He referred to Kaiser’s long standing history with the City of Downey and its participation in City organizations and events. Council Minutes 3/12/02 -4- . 01408 it Dr. Marty Gilbert of Kaiser Permanente, advised his entire medical career was spent in the City of Downey until he became the Area Medical Director last year and was moved to Kaiser’s Bellflower facility. He noted Kaiser is very excited to have the opportunity to construct its hospital here in Downey next to current medical offices. He advised there are about 300,000 Kaiser members in this regional area and noted the new 350-bed hospital will be a sub-regional hub. He noted Kaiser is very excited about the entire Downey Landing Project. Jim Harrington, Architect who manages the design and construction of facilities for Kaiser’s tri-central area, gave a quick overview of the planning and design concepts for the site, pointing out the existing medical buildings at the comer of Imperial Highway and Bellflower Boulevard, the existing parking structure, which will be expanded to accommodate the new facilities, and he reviewed the various phases of the project, which will begin construction in mid-2003 and finalize in 2007. He also reviewed access routes to the hospital and the new medical facilities. Mayor Perkins asked if anyone wished to speak in favor of the Specific Plan and Environmental Impact report. Mark Costella (sp. ?), Downey resident and Kaiser Permanente employee, thanked the City for supporting Kaiser in its bid to build a state-of-the-art medical center and felt it is a win-win situation for all the stakeholders, the City, local businesses, and Kaiser Permanente. He noted his pride in living in Downey and was excited to see this area being redeveloped. Diana Cory (sp. ?), Downey resident, thanked and applauded the Council and staff for their commitment to redeveloping the former Boeing property. She supported Kaiser’s plan to construct a state-of-the-art medical center, noting she is currently a Kaiser member and is very pleased with the medical care they provide. She felt a new medical center will not only beautify this area but will enable the current medical offices to be centrally located next to the hospital, which will reduce driving time for members going between the Downey and Bellflower facilities and will also minimize the inconvenience of public transit services that seniors and individuals with disabilities face. Rhae Frazier, Downey resident and Registered Nurse for Kaiser Permanente and a Department Administrator of the Pediatric Department at the current Imperial Medical Offices, felt this was an improvement to the City due to the sales tax revenue it will generate to the General Fund. She was pleased more retail stores will be brought to the City and felt the educational setting related to the Apollo Space Program will benefit both residents and tourists. Pat Delong, Pangborn Avenue, 30-year employee of Kaiser Permanente in the Health Education Department in charge of the work site wellness program, which provides services, such as blood pressure screenings and seminars for the City’s employees, thanked the City for backing the hospital’s relocation to Downey. She felt the facility will have a ripple effect on the Downey business cornrnunrty. David Goldie, 2044 Nopomo Avenue, Long Beach, 92 years old, noted he and his wife Evelyn have been Kaiser Permanente members for about 40 years and have been volunteers at Kaiser for 27 years. He mentioned he and his wife approached Kaiser about a volunteer program when it opened its Imperial/Bellflower medical offices and Kaiser was receptive to the idea. He praised the nurses and employees at Kaiser and thanked the City for everything it does for Kaiser. Council Minutes 3/12/02 014081 The Council congratulated Mr. Goldie for his years of service to Kaiser and for having the initiative to approach them about a volunteer program. Mayor Perkins asked if there was anyone to speak in opposition of the Specific Plan and Environmental Impact Report and there were none. There being no one else to speak. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and so ordered to close the public hearing. RESOLUTION NO. 6550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DOWNEY LANDING SPECIFIC PLAN (SP-01-01) The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy and unanimously carried (4-0) to waive further reading and adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE DOWNEY LANDING SPECIFIC PLAN (SP-01-01) The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member Cartozian and unanimously carried (4-0) to waive further reading and introduce, with the following changes to the Specific Plan: in Appendix A-2, delete under Food Uses, E, No. 5, drive-through food service, No. 8, playlot associated with fast food restaurant, and No. 11, supermarket; and in Appendix 5, delete under B, Health and Medical Services, No. 8, Massage Therapy. Prior to the vote, Mayor Perkins referred to Page 51 of the Downey Landing Specific Plan where it lists intersections near the project that will be impacted and mentioned his concern with the proposed new intersection just past the current intersection at Stewart and Gray Road and Lakewood Boulevard that will lead into the Downey Landing site. Mr. Garland advised the details of the left turn pockets are not set in concrete at this time and noted projected traffic volumes would be accommodated by a left turn lane of 150 feet in length, which would hold 6 to 7 cars. Mayor Perkins asked what would happen if the new center is very successful and traffic backs up into the current intersection and was informed the left turn pocket could be lengthened, as there is at least 300 feet to work with. He referred to the EIR, Section 3.9-6, Program 2.1.1.1, reading the paragraph and also referred to Section 3.9-16, pointing out the level of service for the intersection at Lakewood Boulevard/Stewart and Gray Road is “F.” Council Minutes 3/12/02 -6- 01403 : Mr. Garland advised this is the service level without mitigation measures incorporated, which will bring it back down to a Level “E.“ He noted the mitigation measure is to add an additional northbound/southbound through lane through the intersection, as there is enough street width to do this in each direction. Mayor Perkins mentioned his concern about costs if the mitigation measure can not be made. He also referred to the additional signal proposed near Imperial Highway and Ardis Avenue and inquired if this is normal practice. Mr. Garland noted the ideal situation would be to align the northerly internal street with the existing Ardis Avenue signal but what is suggested is a compromise situation for internal circulation, pedestrian circulation, etc. He pointed out the existing and proposed signals will operate as one intersection and will be operated by one controller. Council Member McCarthy referred to the pair of signals around Imperial Highway and Ardis Avenue and suggested the development team work on acquisition of the adjoining property on Imperial Highway, which would allow the entry to be modified. He also suggested acquiring the property in the area where Lakewood Boulevard and Clark Avenue meet to bring this access site further south. He also inquired about predicted traffic volumes on this site ten years from now and was informed it was around 45,000 per day. It was noted the previous use of the site had estimated traffic volumes up to 70,000 per day. Council Member Winningham referred to the signal on Imperial Highway and Ardis Avenue and noted the only traffic impact will be the left turns, which will be a timing issue. He also suggested the possibility of a double left turn lane at the intersection just past Stewart and Gray Road on Lakewood Boulevard. Mr. Garland did not feel there was sufficient road width for this and noted the number of people arriving and leaving a retail center at one time is not as intense as at a business park where people are coming to and going from work. Mayor Perkins referred to the Downey Landing Specific Plan, Appendices, Appendix A, Permitted and Conditional Uses, Page A-2, Food Uses, No. 5, Drive-Through Food Service, noting it was his understanding the City did not want any drive- through food services in this location and was informed this should be removed. He also referred to No. 8, playlot associated with fast food restaurant, and was informed this should also be removed. He requested No. 11, Supermarket, be removed and was informed it will be deleted. He then referred to Page A-5, Health and Medical Services, No. 8, Massage Therapy, and requested this be removed. Ms. Tyner noted it was her understanding massage therapy takes place in medical office buildings and inquired if this would be relevant to Kaiser Permanente. Mayor Perkins also referred to Page A-5, Public and Semi-Public Uses, Cellular or Wireless Communication Facilities/Towers, stating he hoped this would be a conditional use and that the devices are well placed and hidden. He was informed this is a conditional use. Council Minutes 3/12/02 01408 :3 Council Member McCarthy referred to the proposed walls surrounding the movie studios and was informed they will secure the site, as it will not be open to the public. He inquired about the type, height and finish and was referred to Page 88 of the Specific Plan for the permitted walls and fences. It was noted the walls will be masonry with landscaping to make an attractive walkway adjacent to deflect any sort of separation from the site. He referred to a location for the learning center and suggested this be re-addressed. Ms. Tyner advised the 50,000 square foot learning center does not have an exact location in the Specific Plan but stated the Plan is flexible enough for this to work itself out. Council Member McCarthy noted it is his hope the roads created will allow recreational activities, such as jogging or bicycling, in addition to vehicle traffic and was informed there are sidewalks on both sides of every road, which would accommodate jogging or walking. Council Member Winningham asked Mr. Gray if there were any problems with excess water costs and excess Police costs. Mr. Gray advised there were no problems with excess water costs and pointed out they will have their own security on site, which would eliminate any issue with excess Police costs. Mayor Perkins referred to No. 8, Massage Therapy, under Appendix A, Permitted and Conditional Uses, Page A-5, and asked Mr. Adams of Kaiser for a response. Mr. Adams stated he did not feel this was applicable to Kaiser, noting their practitioners involved in physical therapy are not licensed as massage therapists but provide that service under the license of hospital, which is licensed by the Department of Health Services. Mayor Perkins reiterated his request that massage therapy be stricken to which Ms. Tyner and Mr. Adams concurred. Council Member McCarthy inquired about the expansion of the existing Kaiser parking structure and was advised it will be enlarged alongside the current structure matching the existing height to accommodate 300 additional cars. It was noted there is space on the property for an additional six level parking structure to support any additional square footage. Council Member McCarthy asked if there is consideration for emergency helicopter use at this site and the response was no. Mayor Perkins mentioned Kaiser’s participation in events and organizations in the City and welcomed them to the community. Mayor Perkins thanked all the presenters, EtP Associates, Stevens-Garland Associates, Kaiser Permanente, and Downey Landing, LLC, for their presentations. Council Minutes 3/12/02 -8- 014081 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI-E-2, LAKEWOOD BOULEVARD ROAD AND WATER QUALITY IMPROVEMENT PROJECT (ACCOUNT NO. 38-16506), and VI-E-3, GROUNDWATER CONJUNCTIVE USE IN WEST AND CENTRAT, BASINS, were removed at the request of Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member Winningham, seconded by Council Member McCarthy, and unanimously carried (4-0) to approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 26, 2002: Approve. WARRANTS ISSUED: NO. 174095 – 174455; WIRE NUMBERS 30000289-296; $1,740,406.98: Approve. LOAN AGREEMENT BETWEEN THE CITY AND THE COMMUNITY DEVELOPMENT COMMISSION: Approve Operative Agreement No. 30 whereby the City loans $300,000 to the Downey Community Development Commission: Approve. APPROPRIATION OF GRANT FUNDS: Appropriate grant funds in the amount of $80,682 to the Sewer Fund (72-13982) and $82,500 to the Capital Project Fund (40-16532) for a total appropriation of $163,182 (for sewer and sidewalk improvements along Bellflower Boulevard: Approve. ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 2751 THRU 2767 AND ADDING SECTION 2768 TO THE DOWNEY MUNICIPAL CODE (Relating to Employee Relations) ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR THIRD STREET Council Minutes 3/12/02 -9- 014085 ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING FOR A PORTION OF PROPERTY AT 8400-8432 FIRESTONE BOULEVARD FROM Ml–DP (LIGHT MANUFACTURING–DOWNTOWN PLAN) TO C3–DP (CENTRAL BUSINESS DISTRICT–DOWNTOWN PLAN) (ZONE CHANGE NO. 01-106) ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING FOR A PORTION OF PROPERTY AT 8400-8432 FIRESTONE BOULEVARD, 8450 FIRESTONE BOULEVARD AND 11221 BROOKSHIRE AVENUE FROM MI–DP (LIGHT MANUFACTURING–DOWNTOWN PLAN) TO C3–DP (CENTRAL BUSINESS DISTRICT–DOWNTOWN PLAN) (ZONE CHANGE NO. 01-107) ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP AND CHANGING THE ZONING FOR PROPERTY AT 12531 PARAMOUNT BOULEVARD FROM C2 (GENERAL COMMERCIAL) TO R-3-O MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL OWNERSHIP) AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 01-108) ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Approval LAKEWOOD BOULEVARD ROAD AND WATER QUALITY IMPROVEMENT PROJECT (ACCOUNT NO. 38-16506) Mr. Caton mentioned the dotted line on the sketch on Page 3 of the report shows the normal method to have a street surfaced, with the higher part of the street in the middle draining to the sides. He noted the proposal by the Public Works Director is an inverted road section where all water would drain to the center swale. Council Member McCarthy asked if this item has gone before the Traffic Committee and was advised it had not. Council Minutes 3/12/02 -10- 014085 It was moved by Council Member McCarthy, seconded by Council Member Cartozian, to refer this item to the Traffic Committee and postpone it to the next Council Meeting. (See amended motion below). Mr. Alvarez advised the Traffic Committee has not reviewed this project, as it is not a project typically taken to the Committee. Mayor Perkins inquired as to the total cost of the project and was informed it will be in the $13 to $17 million range. Mr. Alvarez advised the City needs to move forward with the design in order to be able to refine the costs, noting the costs developed to date are conceptual, as the details have not been developed. He stated the work is done in two phases and the project will have its own Environmental Impact Report. Mayor Perkins noted several months ago the Director of Public Works negotiated with the State for control of Lakewood Boulevard and the City was awarded $9 million. He stated he would not vote to spend $13 to $17 million to improve Lakewood Boulevard, pointing out there are many other projects in the City with higher priority. He felt $9 million should be enough to put this road in good repair. Mr. Caton pointed out this is a policy decision on whether the Council wants Lakewood Boulevard to be a standard road or the inverted section proposed. If the Council wants standard, the Public Works Director will commence working on a standard design. It was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried (4-0) to bring this item back in two weeks and to direct the Public Works Director to meet with the NASA Subcommittee. Prior to the vote, Council Member Winningham felt it was an innovative design but stated he would not support it for $17 million. He inquired about the usable timeline for the $3 million in grant funding. Mr. Alvarez noted there is some flexibility in the timeline right now. He referred to current funding for the project; a grant application recently approved by the Council for an additional $5 million; the possibility of another $1 million from Caltrans, who staff is still working with; and funds available through Caltrans for environmental mitigation on projects, which could result in another $3 million. He noted, if the City receives all funding requested, it will receive over $20 million, of which excess monies will be kept for use on other City streets. Council Member Wirmingham inquired if the Professional Services Agreement is for the particular design shown or could be incorporated for the standard design. Council Minutes 3/12/02 -11- 014087 Mr. Alvarez stated the cost for the project will be in the magnitude of what is being requested whether or not the design is inverted or traditional, as the cost includes: Development of more detailed preliminary engineering drawings for better refined cost estimates; work discussed in the past at Firestone Boulevard and Lakewood Boulevard in terms of modifying that intersection for improving traffic flow; and signalization construction. He noted, because Federal funds are involved, an Environmental Impact Report is part of this fee. The first six months will involve a lot of preliminary engineering and environmental work to get to the point of better refined cost estimates to make key decisions as to whether to continue this approach or take a less expensive approach. He felt the City is premature in making those decisions today. He also noted this work includes addressing design elements on Lakewood Boulevard to accommodate the NASA development project so as not to duplicate process again. He stated funding is in place and it is time to move forward. Council Member Winningham asked how much time would be lost if the City goes back out for an RFP (request for proposal) on a normal roadway. Mr. Alvarez discouraged directing staff in this direction, noting a new RFP would not be very different from the RFP issued and felt it would discourage people from submitting a new proposal as it would cost them a lot of time. He suggested directing staff not to consider this approach and to negotiate out the additional work and better define the environmental aspects to negotiate that portion out of the contract amount. He noted there is no commitment at this time and this will come back to the Council several times before it is approved for plans and specifications. Council Member Wirmingham stated he will second the previous motion by Council Member McCarthy to bring this back at the next Council Meeting and requested the Mayor direct the Public Works Director to meet with the NASA Subcommittee, as this falls under the purview of Lakewood Boulevard to see what direction they want to follow with it. Council Member Cartozian inquired what the difference in cost would be between the standard and inverted plans and was informed it is within the $3 to $5 million range. He asked if reverting to the standard plan would impact the grant potential and was informed it does not impact money in place but pointed out the grant proposals currently under consideration are explicitly geared to the fact there are environmental mitigation components in this project. Mayor Perkins inquired if a normal road project would cost over $9 million and was informed this is a $10 to $12 million project. GROUNDWATER CONJUNCTIVE USE IN WEST AND CENTRAI J BASINS Council Member McCarthy stated it was his understanding the City would be reimbursed these costs from the State agency. Mr. Alvarez confirmed this is correct and advised this has come about because the State Department of Water Resources asked all parties in the Central and West Basin portions of Los Angeles County to work on a common understanding for the better use of groundwater basins. He noted there are different opinions on how to operate that resource, complicated by the fact two independent judgements dictate the use of groundwater in the two basins, with over 200 parties to those judgements, as well as two municipal water districts, the Water Replenishment District and the Council Minutes 3/12/02 -12- 01408 S Metropolitan Water District. The State asked them to get together and a selection process was conducted where consultants were requested to submit proposals. A group representing all stake holders interviewed the consultants and agreed to go with Rauch Communications Consultants LLC. He noted the State will reimburse the City, stating it is anticipated this first phase may cost as much as $50,000. He noted he is awaiting a confirmation letter from the State confirming the reimbursement agreement. Council Member McCarthy noted the City is involved in this with eleven other agencies and if the State does not reimburse the City, the other agencies should share the cost. He stated the City of Downey is taking the lead and inquired why another city did not take this lead. Mr. Alvarez advised there could be other agencies that could take it on but Downey volunteered to manage it. He felt it would be in the best interest for the City to be in this position and noted they will not authorize the consultant to perform any work until the confirmation letter from the State is received. Mr. Vose indicated the Council has been presented with a revised agreement, which makes various clerical changes and eliminates an unnecessary insurance clause. It was moved by Council Member McCarthy, seconded by Council Member Winningham, to approve an agreement with Rauch Communications Consultants LLC to facilitate the development of a groundwater conjunctive use program in West and Central Basin. (The motion and second were later withdrawn) (See new motion below). Council Member Perkins stated reports brought the Council should be complete and accurate, referring to the missing State confirmation letter. He noted the State should reimburse the attorney fees but there is no stipulation about the time devoted by the Director of Public Works. He noted the City is on the move with a lot of public works projects and thought directing the Public Works Director’s time into this project is not the most valuable use of his time for the City. He felt the City needs to get busy with Public Works’ projects and shared pictures with the Council, submitting one to the City Clerk for the record, of a building at one of the City’s parks that is almost totally useless. He felt the City’s energies should be directed at correcting things like this rather than getting involved with something another city could handle and advised he will vote against this issue for the reasons stated Council Member Winningham referred to the time consumed in this project and inquired how many cities are involved. Mr. Alvarez stated once the project is underway, most of the work will be done by the facilitator who will facilitate this amongst all of the stake holders in the Central and West Basin, which is an excess of 200 stake holders. He noted Downey has a substantial interest in this basin, as it is 100 percent of our water supply. The City is a major pumper and controls approximately 10 percent of the groundwater. He noted there are 25 pumpers in the Central Basin who control over 90 percent of the water rights and are responsible for 100 percent of the pumping. Council Member Winningham inquired as to how much staff time is involved and was informed this is not a full-time job but is part of a process and will include attending meetings. Council Minutes 3/12/02 -13- 0140 8 :+ Council Member McCarthy asked what the benefit is of taking the requested action and was informed the process is moved forward, which provides the City with some level of control in the process at the beginning. Council Member Canozian echoed the comments of the Mayor regarding projects in the community that need to be addressed, noting he will not vote for this agreement at this time. He suggested it be held over to the next Council Meeting. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and carried by the following vote to continue this item to the Council Meeting of March 26, 2002. AYES 3 NOES I Council Members: Canozian, Winningham, McCarthy Council Members: Perkins Prior to the vote, Council Member McCarthy withdrew his previous motion and Council Member Winningham withdrew his second to that motion. Mayor Perkins read a sentence nom Exhibit 'W’ Scope of Services, where it states, “Consultant shall only be authorized to provide services upon the direction of the City Manager or his designee (Director of Public Works) for the City of Downey”, noting there is time involved by the City Manager and the Director of Public Works. OTHER BUSINESS - Council Members Council Member McCarthy noted the City along with a number of cities in the watershed of the Rio San Gabriel River formed a conservancy under the authorship of Assembly Member Sally Havice. He advised there is now a Senate Bill seeking to add additional non-voting representatives nom the legislature, Senate Bill 1664 authored by Gloria Romero, and noted the Council of Governments took a position of opposition. He requested the City Manager review this bill and recommends the City do the same. Council Member McCarthy referenced an article he had mentioned at a previous Meeting regarding the challenge with water runoff regulations and noted last Sunday’s Los Angeles Times published a response article from the opposite side. He noted the cost for this is born by the citizens and felt it is an important issue that everyone should track. Council Member McCarthy referred to the recent election in the City regarding fireworks and mentioned his confidence in community leaders to join together to increase enforcement and develop more effective penalties for the illegal use of fireworks. Council Member McCarthy mentioned this Sunday is St. Patrick’s Day and recited a few Irish sayings. Council Member Winningham mentioned the multi-cultural Song Fest to be held March 1 6th Council Minutes 3/12/02 -14- 014 II !) it Council Member Winningham announced the YMCA’s Annual Easter Caravan Camp to the shores of Lake Mojave will be held Easter Sunday, March 31 st, through April 6th. He noted this is the 30th anniversary for Camp Director, volunteer, and Hospital Commission Member Todd Corrin. He requested the Mayor sign an acknowledgement to Mr. Corrin for his service to the YMCA. Council Member Cartozian mentioned having the pleasure of attending Downey Council PTA’s Reflections Program at the Barbara Riley Center at Apollo Park last Monday and noted it was a wonderful display of the students’ artwork. Council Member Cartozian stated he enjoyed attending the opening day event of North West Downey Little League where Bobbie Castillo, former Los Angeles Dodger, was in attendance. Council Member Cartozian commended Lindsay Mitchum and Ashley Guzman, the new Miss Downey and Miss Teen Downey respectively. Council Member Canozian directed the City Manager to look into having the Public Works Department work at all Downey Unified School District school sites for the repainting of Red Fire Lanes and other red painted markings at both public and private schools. Mayor Perkins noted he enjoyed the pancakes at the North West Downey Little League opening day ceremony last Saturday. Mayor Perkins stated he also attended the opening day ceremony for the Downey Girls Ponytail League where over 350 girls participated. Mayor Perkins mentioned he attended the Downey Rose Float Association pageant for Miss Downey and Miss Teen Downey, where the largest group ever competed for these titles. Mayor Perkins referred to his prior request regarding improvements at Independence Park, which included a new Skate Park facility, and noted his request was not answered to his satisfaction. He noted his disappointed in the delay of this project and mentioned he will comment on three other projects at the next Council Meeting that will also not be completed on schedule. OTHER BUSINESS - Staff Members: None ADJOURNMENT: 11:20 p.m. The meeting adjourned in memory of Guy Oakes, father of Gloria Reed, Design Review Board Member and owner of the Country Butcher, to 6:30 p.m., March 26, 2002, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Mereditmerkins, Mayor H:\,ccLERK\scoNrE\NirNUTEs\cchfN03 1 2 Council Minutes 3/12/02 -15-