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HomeMy WebLinkAboutMinutes - 03-08-03 - Regular Meeting014454 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING APRIL 8, 2003 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:30 p.m., April 8, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Kirk O. Cartozian Anne M. Bayer Meredith H. Perkins Mayor/Chairman Mayor Pro Tempore/Vice-Chairman ABSENT: Keith McCarthy (excused) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community/Economic Development APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/-Commissioner Perkins, seconded by Mayor Pro Tempore/- Vice-Chairman Cartozian, and unanimously carried (4/0) to approve the Closed Session Minutes of March 25, 2003. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6 :31 p.m.) to discuss matters under the authority of the following Sections of the Government Code: 2.SECTION 54957 – Personnel Evaluation/Appointment: Director of Community Services. 3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re: property: Parcels 1, 2 and 5 of the former Downey NASA site generally bounded by Stewart & Gray Road, Imperial Highway and Lakewood Boulevard; negotiating parties: Industrial Realty Group (IRG); under negotiation: price and terms of payment. 4.SECTION 54956.9(b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (one potential case). City Council/Community Dev. Comm. Minutes (adj .) 04/08/03 -1- 014455 The meeting reconvened in open session at 7:36 p.m. with Council Member/-Commissioner McCarthy absent. City Attorney Vose announced in regards to Item No. 2 on the agenda, on a motion made by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried (4/0), the City Council granted their concurrence for the appointment of Bonnie Kehoe to the position of Director of Community Services. The meeting recessed at 7:36 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:40 p.m. with Council Member/- Commissioner McCarthy absent (see Oral Communications under the Regular City Council Meeting) and recessed at 8:41 p.m. The meeting reconvened at 9:34 p.m. with Council Member/-Commissioner McCarthy absent. ADJOURNMENT: 9:35 p.m. @ZaK)X.%kZ<z£,Z£J Kathleen L. Midstokke, City Clerk/Secretary Rmrejo, lvGo City Council/Community Dev. Comm. Minutes (adj .) 04/08/03 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 8, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation supporting the Armed Forces of the United States City Pins presented to Miss Downey/Miss Teen Downey & courts Plaque of Appreciation presented to retiring reserve Police Officer Michael Schroeder Proclamation declaring every day in April as Arbor Day Resolution # 6656 approving Appeal and Tentative Tract for 8 condominiums at 9755-9769 Imperial Highway Adopted 3 Resolution # 6657 denying Appeal and Zone Variance for reduced Open Space at 9755-9769 Imperial Highway Adopted 3 Amendment to Municipal Code re: Self-Storage/Mini- Warehouse & Recreational Vehicle Storage Cont. to 4/22 5 5 5 5 Oral Communications Removal of Items from Consent Calendar Council Minutes: Adj . & Reg. Mtgs. 03/25/03 Approved (_'ash Contract # S.S. 523 – Firestone Blvd. Traffic Signal Communication: Resolution # 6658 approving Program Supp. to State Master Agreement; Award contract to C. T. & F., Inc. in the amount of $944,580.72; Approve agreement with Union Pacific Railroad for conduits and fiber-optic cables across r-o-w. Adopted 5 5 6 Approved Approved Cash Contract # 637 – Independence Park reclaimed waterline extension: appropriate $93,400 from Water Fund Approved 6 Warrants Issued: # 184716-185039; Wire Nos. 185, 30000538-540, 30000546-550; $2,051,803.73 Approved 7 PAGE 1 OF 2 COUNCIL MINUTES, APRIL 8, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Amendment extending agreement with St. of California for completion of report re: reuse of 1- 105 groundwater Agreement with So. California Edison relocating facilities west side Be11£lower Blvd. b/t Washburn Rd. & Imperial Hwy. 2003 Investment Policy for Public Funds Public Hearing for annual application & action plan to HUD ACTION PAGE NO. Approved 6 Approved Approved Set hrg. 7:30 p.m. 05/13/03 Set hrg. 7:30 p.m. 04/22/03 Approved Approved Adopted 6 6 6 6 6 6 7 Public Hearing for Municipal Code Amendments re: 2nd unit developments Approve demolition of 44 buildings at former NASA site Appointment of Craig Schwerdt to the General Plan Comm. Res. # 6659, adopting MOU with Fire Management Assn. Ord. # 1144, amending Section 3186 of the Municipal Code re: Speed Limits for Alameda Street Award 5-year contract to Nationwide Environmental Services for Street Sweeping Services at annual cost of $293,200 Approve in concept $275,000 1oan to Downey Cemetery Dist. for Niche Garden and Veteran’s Memorial Wall project Agreement with California Shopping Cart Retrieval Corp. Ord. # 1145, expanding Downtown Plan Area for properties at 8021-8043 Second Street and 8028-8036 Third Street. Council Member Comments Staff Member Comments Adjourned in memory of Vincent Quinto and Amos Sherwin Meeting adjourned to 6:30 p.m., April 22, 2003 Adopted 7 Approved 7 Approved Approved 8 9 10 10 10 10 10 Adopted PAGE 2 OF 2 O 1 4 4 v S MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 8, 2003 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., April 8, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo p}esiding. PRESENT:Council Members: Rick Tmjo Kirk O. Cartozian Anne M. Bayer Meredith H. Perkins Mayor Mayor Pro Tempore ABSENT: Keith McCarthy (excused) ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Darrell George, Director of Community/Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Finance Manager Vanessa Rojas, Special Projects Coordinator Mark Sauter, Fire Chief Ed Velasco, Housing Manager Ron Yoshiki, Asst. Director of Community Dev./City Planner Kim Rapp, Executive Secretary PRESENTATIONS Mayor Trejo presented to Sgt. Rick Carloss, United States Marine from the Downey Recruitment Office, a Proclamation supporting the Armed Forces of the United States. Mayor Trejo presented City Pins to Miss Downey Stephanie Cuellar, Miss Downey Princesses Jessica Gastelum, Kaithlyn Hebert, Suzette Vega and Jennifer Frontela; Miss Teen Downey Amanda Thoreson and Miss Teen Downey Princesses Sophia Valdes and Jessica Saucedo. Police Chief Finch presented a Plaque of Appreciation and Reserve Officer’s Badge to Michael Schroeder, retiring reserve Downey Police Officer, after 18 years of service to the City. Mayor Trejo presented to Public Works Director Alvarez, a Proclamation declaring every day in April as Arbor Day and urging all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Council Minutes 04/08/03 -1- , 014457 HEARINGS 1.TENTATIVE TRACT MAP NO. 02-54060 & ZONE VARIANCE NO. 02-82. A REQUEST TO APPEAL THE DENIAL OF A REQUEST FOR AN EIGHT (8) UNIT CONDOMINIUM LOT AND A ZONE VARIANCE FOR REDUCED OPEN SPACE ON PROPERTY LOCATED AT 9755-9769 IMPERIAL HIGHWAY AND ZONED R-3, MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL (OWNERS : SAFA & HODA KADDIS; APPELLANT: SAFA KADDIS). Mayor Trejo opened the Public Hearing at 8:00 p.m. City Clerk Midstokke announced that correspondence had been received from Council IVlember McCarthy supporting the project. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and so ordered to receive and file. A staff report including a Power Point presentation was presented by Assistant Director of Community & Economic Development/City Planner Yoshiki. He indicated this is a continued Public Hearing item on an appeal from the Planning Commission to the City Council. The Council last heard the item on January 14, 2003 in which case the applicant, during the public testimony, presented information to the City Council including a revised site plan, plot plan and elevation plan for the project. The Council then referred the matter back to the Planning Commission for a recommendation. The Planning Commission considered the revised plans on April 2, 2003 and their recommendation is to approve the project for an eight (8) unit condominium development and to deny the variance as it is no longer necessary. Mr. Yoshiki then narrated a Power Point presentation showing a comparison of how the project was originally considered and how it has been revised. The revised plans replace the previous 2-story design with a tri-level development. The overall grade has been elevated and the garage will be partially subterranean. There is now more space for living rooms, dining rooms and kitchens; more than enough common open space; and a thirty foot (30’) driveway for access to the complex Council Member Perkins verified that the kitchen is not on the same level as the living room, but rather, above with the dining room. He commented that he feels the project has improved in many ways since its original submission. Mayor Trejo asked if the applicant was in the audience. Safa Kaddis, Downey resident, subject property owner, indicated he is very pleased with the project as revised. Mayor Trejo asked if anyone from the audience wished to address this item. No one coming forward to speak, it was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer, and so ordered to close the Public Hearing at 8:10 p.m. Council Minutes 04/08/03 -2- 014458 RESOLUTION NO. 6656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPEAL AND APPROVING TENTATIVE TRACT MAP NO. 02- 54060 FOR AN EIGHT (8) UNIT CONDOMINIUM LOT ON PROPERTY LOCATED AT 9755-9769 IMPERIAL HIGHWAY AND ZONED R-3, MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL. The Resolution was read by title only. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer and unanimously carried (4/0) to waive further reading and adopt. Prior to the vote, Mayor Pro Tempore Cartozian noted that the Council has a certain protocol in considering designs, tentative tract maps, consideration of zone variances, etc. and that the Planning Commission is there for that reason. He also complemented staff in working with the applicant with an end result in improving a blighted area on Imperial Highway. RESOLUTION NO. 6657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 02-82 FOR REDUCED OPEN SPACE ON PROPERTY LOCATED AT 9755-9769 IMPERIAL HIGHWAY AND ZONED R-3, MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL. The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and unanimously carried (4/0) to waive further reading and adopt. 2.AN AMENDMENT TO THE DOWNEY MUNICIPAL CODE, ARTICLE IX, CHAPTER 1, RELATED TO CERTAIN SECTIONS PERTAINING TO SELF- STORAGE/ MINI=WAREHOUSE AND RECREATIONAL VEHICLE STOARGE USES (CODE AMENDMENT NO. 01-57). Mayor Trejo opened the Public Hearing at 8:13 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer, and unanimously carried (4/0) to receive and file. There was no correspondence received on this item. A staff report including a Power Point presentation was presented by Assistant Director of Community & Economic Development/City Planner Yoshiki. He explained that almost two (2) years ago the City Council adopted a moratorium regarding self-storage uses due to increased interest and lack of definitive standards to address potential impacts. This moratorium is due to expire on July 10, 2003. The Ordinance proposed tonight specifically addresses those kinds of issues and has also been expanded to address the storage of recreational type vehicles. He noted that it had previously been suggested that this should be an allowable use in the commercial zones. Staffs examination of this issue found that approximately 9% of the City is devoted to Commercial Manufacturing or General Council Minutes 04/08/03 -3- . 01445'1 Manufacturing areas and that is more than adequate to accommodate these types of businesses. Proposed standards include: one acre minimum lot size; wide landscape areas along street frontages; and allowing walls over six feet (6’) high to provide adequate screening of recreational vehicle storage. The other area being looked at is parking. Currently, the parking requirements for storage is basically one space for every thousand (1000) square foot of gross floor area. The exterior units – typically look like small one car garages and tenants typically park parallel to the exterior unit. A minimum fire lane of twenty feet (20’) should be maintained. These loading zones should be a minimum of eight feet (8’) in width. The other type of units are interior. They can range from 2-3 stories in height and are small cubicles within the building. This parking is required to be within the immediate location of the opening. Five (5) parking spaces are being required next to the rental office Council Member Perkins questioned if staff was proposing a twelve foot (12’) wall. Mr. Yoshiki responded that it is being suggested that the building wall be the screen wall maintaining a fifteen (15) degree line of sight and that the building could go three (3) stories within thirty feet (30’). Council Member Perkins indicated that he would not want to see all self-storage developed on the Rancho Los Amigos campus. He then suggested that consideration should be given to removing M-1 and M-2 by right for these types of uses. Mayor Pro Tempore Cartozian questioned the length of the moratorium and Mr. Yoshiki responded that it will be almost two (2) years at expiration and that no other extensions could be made. He also indicated concern regarding self-storage on the Rancho campus. Mr. Yoshiki indicated that the Rancho property could be excluded because it is a Specific Plan Area. Mayor Trejo asked of anyone present wished to speak on the proposed amendment. No one coming forward to speak, it was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer and unanimously carried (4/0) to close the Public Hearing at 8:30 p.m. The title of the Ordinance was read. It was moved by Mayor Pro Tempore Cartozian, seconded by Mayor Trejo, and failed by the following vote to waive further reading and introduce the Ordinance with the amendment to remove the Specific Plan Area on the Rancho property from the proposed sections of the Commercial and General Manufacturing: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE IX, CHAPTER 1, RELATED TO CERTAIN SECTIONS PERTAINING TO SELF-STORAGE/ MINI- WAREHOUSE AND RECREATIONAL VEHICLE STORAGE USES. AYES: Cartozian, Mayor Trejo NOES: Bayer, Perkins ABSENT: McCarthy Council Minutes 04/08/03 -4- 014460 Prior to the vote, City Attorney Vose clarified that the Rancho property could be excluded because it is a Specific Plan Area, but since the proposal applies to zoning on a general basis for all industrial uses, that you can not pull out one independent of the other industrial uses unless you rezone that property. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and unanimously carried (4/0) to reopen the Public Hearing and continue this matter to the next meeting (April 22, 2003) with staff coming back with alternatives including that all blue areas (M-1 and M-2) be excluded. ORAL COMMUNICATIONS – No one came forward to speak. CONSENT CALENDAR - ITEMS FOR REMOVAL 17.ORDINANCE NO. 1145 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A REQUEST TO EXPAND THE DOWNTOWN PLAN BOUNDARIES TO INCLUDE PROPERTIES LOCATED AT 8021-8043 SECOND STREET AND 8028-8036 THIRD STREET, was pulled at the request of Council Member Perkins and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member Bayer, and unanimously carried (4/0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 3.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, MARCH 25, 2003 : Approve. 4. 5. COUNCIL MINUTES: REGULAR MEETING, MARCH 25, 2003 : Approve. CASH CONTRACT #S.S. 523 – FIRESTONE BOULEVARD TRAFFIC SIGNAL COMMUNICATION: RESOLUTION NO. 6658 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. MO07 REV.1 TO CITY OF DOWNEY/STATE MASTER AGREEMENT NO. 07-5334, FOR THE FIRESTONE BOULEVARD TRAFFIC SIGNAL COMMUNICATION PROJECT. AWARD C'ASH CONTRACT NO. SS 523 TOTALING $944,580.72 TO C.T. & F., INC. FOR THE FIRESTONE BOULEVARD TRAFFIC SIGNAL COMMUNICATION PROJECT: Approve. Council Minutes 04/08/03 -5- O 1 4461 AUTHORIZE THE MAYOR TO EXECUTE THE WIRELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD, AUTHORIZING INSTALLATION OF CONDUITS AND FIBER-OPTIC CABLES ACROSS UPRR RIGHT-OF-WAY: Approve. 6.CASH CONTRACT #637 – INDEPENDENCE PARK RECLAIMED WATERLINE EXTENSION: APPROPRIATE $93,400 FROM THE WATER FUND AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE A CONTRACT CHANGE ORDER TO INSTALL AN IRRIGATION FEED LINE ALONG THE NEW PARKWAY ON BELLFLOWER BOULEVARD: Approve 7.WARRANTS ISSUED: 184716 – 185039; WIRE NUMBERS 185, 30000538-540. 30000546-550; $2,051,803.73: Approve. 8.AMENDMENT EXTENDING THE TERM OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF A CALIFORNIA DEPARTMENT OF HEALTH SERVICES POLICY MEMO 97-005 REPORT, FOR THE BENEFICIAL USE OF THE INTERSTATE 105 (1-105) GROUNDWATER: Approve. 9.JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR RELOCATION OF FACILITIES ALONG THE WEST SIDE OF BELLFLOWER BOULEVARD FROM SOUTH OF WASHBURN ROAD TO NORTH OF IMPERIAL HIGHWAY: Approve. 10.ADOPT THE 2003 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Approve. 11.SCHEDULE A PUBLIC HEARING FOR MAY 13, 2003 TO CONSIDER THE ANNUAL APPLICATION AND ACTION PLAN SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Set the public Hearing for May 13, 2003 . 12.SCHEDULE A PUBLIC HEARING FOR APRIL 22, 2003 FOR PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT, ARTICLE IX, CHAPTER 1, SECTION 9110, RELATING TO SINGLE-FAMILY RESIDENTIAL ZONE. SECTION 9112 RELATING TO TWO-FAMILY RESIDENTIAL ZONE. AND SECTION 9158 RELATING TO SECOND UNIT DEVELOPMENT: Set the Public Hearing for April 22, 2003 . 13.APPROVE EART IY START OF DEMOLITION OF FORTY-FOUR (44) BUILDINGS AND STRUCTURES OF THE FORMER DOWNEY NASA SITE TO PREPARE FOR DEVELOPMENT OF A RETAIL PARK BY DOWNEY LANDING LLC.: Approve. 14.APPROVE THE APPOINTMENT OF CRAIG SCHWERDT TO THE GENERAL PLAN COMMITTEE FOR DISTRICT 4: Approve. Council Minutes 04/08/03 -6- Oi 4462 15.RESOLUTION NO. 6659 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION. 16.ORDINANCE NO. 1144 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR ALAMEDA STREET. ADMINISTRATIVE REPORTS 18.AWARD A FIVE-YEAR CONTRACT TO NATIONWIDE ENVIRONMENTAL SERVICES FOR STREET SWEEPING SERVICES AT AN ANNUAL COST OF $293,200 AND AUTHORIZE THE CITY MANAGER TO ISSUE A 60-DAY NOTICE TO R.F. DICKSON CO. TERMINATING THEIR CONTRACT FOR STREET SWEEPING SERVICES. City Clerk Midstokke noted that 2 supplemental memorandums were received from Council Member McCarthy dated April 8, 2003 supporting the current contractor. Public Works Director Alvarez presented a staff report indicating that this item was before City Council on March 11, 2003 which resulted in seeking revised proposals which did not include disposal for the street sweeping waste. All 3 previous bidders did submit revised proposals and they were opened by the Council Street Sweeping Subcommittee. The lowest cost proposal was submitted by Nationwide Environmental Services of Norwalk in the amount of $293,200. The new contract includes additional services, contains more performance requirements and represents an annual savings of $68,219 over the current cost to the City. Steve Dickson, R.F. Dickson Company, thanked the Council for the last 16 years of providing service to the City of Downey and is proud of the support he has received nom the Chamber of Commerce, residents and local business leaders. He indicated that he thinks the low bid is at 1970s prices and that the contract terms are going to be very difficult to fulfill. Lennie Whittington, Downey resident, can see that the deal is already made and is concerned that the contract will be adhered to by the letter of the law and that the new contractor gives campaign donations to political candidates in other cities. Mayor Pro Tem Cartozian indicated that this is not a done deal although the Subcommittee does have a recommendation which is the same as staffs. Council asked staff to request bids in 2002 and in doing so felt they were going to get a better deal over the course of the 5 year contract. It was never felt that R.F. Dickson was giving substandard service. Council Member Perkins requested that he be allowed to ask Nationwide a couple of questions. Nejteh Der Bedrossian, representing Nationwide Environmental Services came forward. In responding to questions, Mr. Bedrossian stated that 2 primary and 1 backup pieces of equipment Council Minutes 04/08/03 -7- 01 4463 will be designated to Downey which are environmental compliant. He further stated that he had not promised a $125,000 reduction due to elimination of trash removal, he said he could come close and hence his actual reduction worked out to be $101,000. Council Member Perkins indicated that there had been a lot of questions regarding this project and that he had personally requested that the Subcommittee be present when the revised proposals were opened. He thanked Mr. Dickson for being straightforward and indicated it had been a pleasure working with him. Mayor Trejo stated he was sorry to see Mr. Dickson go and that he had provided very good service to the City in the past. But in the cost comparison the City must go with the lowest bidder, especially in these times with the State fiscal crisis. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins and unanimously carried (4/0) for staff recommendation to award a five-year contract to Nationwide Environmental Services for street sweeping services at an annual cost of $293,200; and authorize the City Manager to issue a 60-day notice to R.F. Dickson Co. terminating their contract for street sweeping services. 19.DOWNEY CEMETERY DISTRICT REQUEST FOR FINANCIAL SUPPORT FOR CEMETERY IMPROVEMENTS: APPROVE IN CONCEPT A $275,000 LOAN TO THE DOWNEY CEMETERY DISTRICT FOR THE NICHE GARDEN AND VETERAN’S MEMORIAL WALL PROJECT. A supplemental memorandum was received from Council Member McCarthy dated April 8, 2003 supporting the project. A staff report was presented by Community Resources Director Bonnie Kehoe indicating that the Cemetery District had requested $275,000 in financial support from the City at the September 24, 2002 City Council meeting for a Niche Garden and Veteran’s Memorial Wall project. It was referred to staff to review funding alternatives. Staff is now recommending that an Amendment be added to the existing Agreement for Services between the City and the District. This would provide for a loan with the conditions that all Niche revenue be used for loan repayment, that fees and charges be approved by City Council and that award of construction be approved by City Council. Diane Boggs, Downey resident for 50 years, Chairman of Board for Downey Cemetery District, and Board member for 15 years. She encouraged the Council support in concept the loan in the amount of $275,000 from the City to the District. They are at a point that they are ready to go out to bid for both a full project and a partial project. She introduced other Board members Dr. Gary McCaughan and Ken Beckner in the audience. Council Member Perkins indicated he is in favor of the project but can not give approval of the $275,000 at this point because there are several unanswered variables. He suggested an annuity account be set up for maintenance. Ms. Boggs responded that it was only a vote approving the concept tonight. All of the answers will be provided before the final approval. City Attorney Vose indicated that the vote tonight will not be a legally binding vote in any way but just gives direction to staff to move forward. Council Minutes 04/08/03 -8- 014464 Mayor Pro Tempore Cartozian requested that a timeline for the project come back and also a repayment schedule for the loan. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins and unanimously carried (4/0) to approve in concept a $275,000 1oan to the Downey Cemetery District for the Niche Garden and Veteran’s Memorial Wall Project. 20.AGREEMENT RELATED TO ABANDONED SHOPPING CARTS: APPROVE THE AGREEMENT WITH CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC. A staff report was presented by Assistant City Manager Powell indicating that staff is requesting that City Council approve the Agreement with California Shopping Cart Retrieval Corporation, Inc. In 1994 the City Council started a relationship with this organization to deal with abandoned shopping carts in the City. They are founded by the California Groceries Association and pick up and return shopping carts of their member stores. The proposed contract continues the relationship with changes in 3 areas. Shopping carts are to be picked up 7 days a week instead of 5 ; carts picked up that are not member stores would be delivered to the stores indicated on the shopping carts themselves or recycled if no identification; and a monthly log will be provided indicating number of carts collected, location and how the cart was disposed of. Mayor Pro Tempore Cartozian questioned if the members pay for their own shopping carts picked up by the Corporation and Mr. Powell responded that they do pay for their own caRs to be returned. The City’s expenses are incurred by the non-member stores which are estimated to have 2,000 to 2,500 returned per year. Mr. Powell indicated that the City staff does encourage the non- member stores to become members and was successfUI with Target a few months ago. Mayor Trejo thanked Mr. Powell for setting up the meetings on this issue and also Chamber of Commerce President elect Maria Larkin for the Chamber support. He feels that Downey is doing a lot better in comparison to adjacent cities, but that it will always be a problem that needs constant work. He indicated he will continue to support this service even as a resident when off Council. It was moved by Mayor Pro Tempore Canozian, seconded by Council Member Perkins and unanimously carried (4/0) to approve staff recommendation to approve the agreement with California Shopping Cart Retrieval Corporation, Inc.. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: 17.ORDINANCE NO. 1145 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A REQUEST TO EXPAND THE DOWNTOWN PLAN BOUNDARIES TO INCLUDE PROPERTIES LOCATED AT 8021-8043 SECOND STREET AND 8028-8036 THIRD STREET. Council Minutes 04/08/03 -9- . 0;1445.S Council Member Perkins indicated that he had pulled this item from the Consent Calendar because he feels before we put 2 new locations into the Downtown Plan Area, we should look at why it was created, one of the reasons being wanting to focus on Downey Avenue. Certain allowances were made for businesses to come into the area without having enough parking. He does not oppose the underlying project being proposed. He explained he supports expanding the zone or keeping it as is, not selecting certain properties on an individual basis to be included. It was moved by Mayor Pro Tempore Cartozian, seconded by Mayor Trejo and carried by the following vote to adopt: AYES: Bayer, Cartozian, Mayor Trejo NOES: Perkins ASBSENT: McCarthy OTHER BUSINESS - Council Members Comments Mayor Pro Tempore Cartozian urged that we continue our support for our troops in Iraq. Mayor Pro Tempore Canozian introduced Bonnie Kehoe as the newly appointed Director of Community Services. OTHER BUSINESS - Staff Members Comments City Clerk Midstokke introduced Kim Rapp, Executive Secretary in the Community and Economic Development Department, who will be assisting at the City Council Meetings on an interim basis. ADJOURNMENT: 9:35 p.m. The meeting adjourned in memory of Vincent Quinto, longtime Downey resident and crossing guard at Maude Price Elementary School; and Amos Sherwin, longtime Downey resident and husband of Joyce Sherwin of the Downey Symphonic Guild, to 6:30 p.m., April 22, 2003, in the Council Chamber of Downey City Hall. -=bbl, @@/nO# eIdlzbz£& Kathleen L. Midstokke, City Clerk ack Trejo, Council Minutes 04/08/03 -10-