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HomeMy WebLinkAboutMinutes - 06-27-00 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 27, 2000 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. 5 -Year Consolidated Plan for the Community Development Block Grant & HOME Investment Partnership Prog. grants Approved 2 Res. #6376, adopting the Fiscal Year 2000 -01 Budget Adopted 4 Res. #6377, establishing a Uniform Schedule of Fees Adopted 5 Dianne Lumsdaine re suggestions for vacancy in Council Dist. 5 5 Ord. approving an amendment to Specific Plans 88 -1 & 88-1A Introduced Rancho Business Center re outdoor storage Ref. to staff' 7 Removal of Items from Consent Calendar: Agenda Item VI -E -7, Underground Utility Dist. 17 Imperial Hwy. was continued to a later date 8 Council Minutes: Adj. & Reg. Mtgs. 6/13/00 & Special Called Mtg., 6/20/00 Approved 8 Cash Contract #S. S. 457/469, Rosecrans Av. & Paramount Bl. pavement rehabilitation: Award a unit price contract to All American Asphalt Approved 8 Cash Contract #S. S. 498, Imperial Hwy. street lighting between Rives Av. & the easterly city limit: Approve plans & specs. & grant authority to advertise for bids Approved 8 Warrants Issued: 9790 — 157403, $1,612,791.63 Approved 8 Amendment to agreement w /Issues Management Network, Inc. to provide public affairs services for water related issues: Approve amendment for a six -month period Approved 8 Amendment to agreement w/Peyser Assoc., Inc. for Federal legislative advocacy services: Approve amendment for services on behalf of the LACDA Alliance Approved 8 PAGE 1 OF 3 COUNCIL MINUTES, JUNE 27, 2000 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Zone Change #99 -87 for property located at 12136-12152 Set hrg. 7:30 p. m. Downey Av. 7/11/00 9 Zone Change #00 -12 for property located at 12830 Clark Av. Set hrg. 7:30 p.m. 7/11/00 9 Loan agreement between the City & Community Development Commission: Approve Operative Agreement #27 Approved 9 Revision to Cooperative Agreement w /State of California Dept. of Transportation (Caltrans) to study recovering groundwater along the I -105 Freeway for beneficial use Approved 9 Appeal hearing — denial of police permit application for massage technician: Refer appeal to a Hearing Officer Approved 9 Res. #6378, adopting the Memorandum of Understanding between the City & Downey Police Management Assoc. Adopted 9 Res. #6379, establishing water, sewer and AB 939 rates for the City & rescinding Resolution #6018 Adopted 9 Res. #6380, approving & adopting the Annual Appropriation Limit for Fiscal Year 2000 -2001 Adopted 9 Res. #6381, approving the final subdivision map of Parcel Map #24234 (9770 Washburn Rd. & 9802 -36 Downey - Norwalk d.) Adopted 10 Res. #6382, approving, authorizing & directing execution of an amended and restated Joint Exercise of Powers Agreement relating to the Calif. Communities Dev. Authority Adopted 10 Private Industry Council/Workforce Investment Board private sector nomination from Downey: Select Dan Fox Approved 11 Cash Contract #619, Third Street water main replacement Cont. to project from Myrtle St. to La Reina Av. 7/11/00 11 Cn. Perkins req. an update on the fence replacement program in Dist. 1 12 PAGE 2 OF 3 1 1 COUNCIL MINUTES, JUNE 27, 2000 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Perkins read a letter of commendation to Police Chief Finch re Police Aide Christian Burgos 12 Cn. Winningham congratulated his son, Scott, & and rest of the City's high school graduates; commented on Downey High Grad Nite; & congratulated parents, volunteers & Fire Dept. staff for their assistance 12 Cn. Winningham welcomed new Fire Chief Mark Sauter 12 Adjourned in memory of William Goggin, former City Planner, Frank Beckner, former member of the Planning Commission, Parking Place Commission & Water Board, & James Gillespie, former Golf Course Authority member and longtime Downey resident 12 Meeting adjourned to 6:30 p.m., July 11, 2000 12 H:\cclerk\scontetabl PAGE 3 OF 3 ,T. o ,.. .,� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 27, 2000 The City Council of the City of Downey held a regular meeting at 7:50 p.m., June 27, 2000, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding. PRESENT: Council Members: Keith McCarthy Mayor Robert C. Winningham Mayor Pro Tem Meredith H. Perkins ABSENT: Gary P. McCaughan, M.D. (excused) ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk- Treasurer 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 Mark Sauter, Fire Chief Lowell Williams, Director of Finance Ron Yoshiki, Asst. Director of Community Dev. /City Planner Ed Velasco, Manager of Housing Steven Yee, Economic Development Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS: None HEARINGS Mayor McCarthy opened the public hearing on the PROPOSED 5 -YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM GRANTS. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Velasco narrated a visual program outlining the 5 -Year Consolidated Plan, which will be submitted to the Department of Housing and Urban Development (HUD) for the period of July 1, 2000 through June 30, 2005. He reviewed the Consolidated Plan, commenting on the inventory of services and needs in the community for different income groups, highlighting the needs for low - income households, and reviewed goals and objectives. The City is entitled to a HUD allocation of Council Minutes 6/27/00 -1- 1 a 4 $1,832,212 next year and combined with money carried over from the present year, brings the estimate of funds available to $2,065,564. He responded to comments from the Council. Council Member Perkins referred to Page 8 where the Rancho property is designated as low - income and inquired how this designation was arrived at. He was informed there are very few residences in the Rancho area, most of which are used for patients and hospital caretakers. It was also noted information utilized was based on 1990 Census information and this designation will change after the 2000 Census data is completed. Mayor McCarthy felt the report would be more accurate if conducted a year later and suggested revisiting the data after new census information is available. There was no correspondence received regarding this matter. There being no one present wishing to speak, it was moved by Council Member Winningham, seconded by Council Member Perkins and so ordered to close the hearing. It was moved by Council Member Winningham, seconded by Council Member Perkins and unanimously carried (3 -0) to approve the 5 -Year Consolidated Plan, and authorize the City Manager to submit the Consolidated Plan Application with the required Action Plan for program year 2000 -01, Department of Housing and Urban Development (HUD) form SF -424, and Certification to HUD. Mayor McCarthy requested a summary of the public comments received at the prior hearing and community meetings be forwarded to the Council. He referred to Page 6 of the report, elderly households, pointing out it states more than 23 percent of all households in the City are elderly. He also referred to Page 3, noting an increase in public service programs, such as the grant to the Downey Unified School District and the Gauldin Recreation After School Program (GRASP), and a reduction in the Private Industry Council (PIC) At -risk Youth Job Training program and requested a brief report. Mr. Velasco explained it is a balancing act, with a certain number of dollars to be spent and different needs to be met. He noted staffing changes in the PIC program which created issues in contacting decision makers on a timely basis and advised that the GRASP Program was in need of substantially more dollars. Mayor McCarthy opened the public hearing to CONSIDER THE PROPOSED BUDGET FOR FISCAL YEAR 2000 -2001. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Powell explained the budget hearing process required by the City Charter, which must be adopted by July 1 for the next fiscal year. He noted the proposed budget for 2000 -2001 is $83,974,000, an increase of approximately 5.6 percent over last year, and includes the City and Community Development Commission budgets. He narrated a visual program of the three main components of the budget, the General Fund, Enterprise Funds and Special Revenue Funds and reviewed budget highlights. He referred to the Budget Study Session held earlier where the Council Council Minutes 6/27/00 -2- .......... studied the budget in detail and noted five additional items suggested b y the Council at that time: Support for Downey Symphonic Society; replacement of School Crossing signs; freeway on and off g g y ramp sweeping; Paramount Boulevard landscaping; and Florence Avenue landscaping (west end), noting this hearing affords the opportunity to amend the proposed Resolution to include one or more of these items. There was no correspondence received regarding this matter. Mayor McCarthy asked if there was anyone present who wished to speak regarding the proposed budget for fiscal year 2000 -2001. �-- Harold Tseklenis, 7828 Eighth Street, reiterated his prior request that the budget include funding for the Downey Symphonic Society. He advised he forwarded a written request and financial documents to Mr. Jarrett and offered to supply additional information, if requested. He noted it could be standard procedure to supply annual financial statements to the City to enable an oversight of how the funds are utilized. There being no one else to speak in favor or in opposition, it was moved by Council Member Perkins, seconded by Council Member Winningham, and so ordered to close the hearing. RESOLUTION NO. 6376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2000 -01 BUDGET WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried (3 -0) to waive further reading and adopt, with amendments as noted on Page 4. Council Member Winningham noted he would like to carry forward with replacement of school crossing signs and with Florence Avenue landscaping on the west entry to the City from Bell Gardens. He withdrew his request for freeway on and off -ramp sweeping, stating he spoke to Public Works Department staff and was not comfortable with the bid amount. He inquired as to how the Downey Museum of Art was doing financially and was informed they continue to struggle. He suggested splitting the funds suggested for the Downey Symphonic Society into $8,000 for the Symphonic Society and $2,000 for the Downey Museum of Art. Council Member Perkins concurred with Council Member Winningham but suggested breaking the Downey Symphonic Society allocation into a rental fee subsidy for the theatre and $4,000 for playing in the park Summer concert series. He commended the work of the Downey Rose Float Association and requested $1,500 be included in the budget for this organization to pay for the police escort to and from the staging area in Pasadena. It was moved by Mayor McCarthy and seconded by Council Member Winningham to amend the motion to state that items on the staff report be included, with the exception of freeway on and off -ramp sweeping; adding $2,000 for the Downey Museum of Art; and $1,500 for the Downey Rose Float Association. Council Minutes 6/27/00 -3- 17 5 0 After further discussion by the Council, Mr. Caton clarified the motion, stating the Symphonic Society would receive $10,000, the purpose being to help offset the cost of the theatre rental and for the cost of the performance in the park concert series; $25,000 would be added to the budget for the replacement of school crossing signs; $23,000 will be added for the section of Paramount Boulevard lacking landscaping; $31,000 will be added for the west end of Florence Avenue to complete landscaping; $1,500 added to help the Rose Float Association defray the cost for police escort to transport the float to and from the Rose Parade; and $2,000 added to help offset costs for the Downey Museum of Art facility in Furman Park. It was seconded by Council Member Winningham. Mr. Vose advised the Council, if in agreement, must vote to make the amendments noted by Mr. Caton the main motion. It was moved by Mayor McCarthy, seconded by Council Member Winningham, and unanimously carried (3 -0) to approve the amendments stated by Mr. Caton and make them part of the main motion. Mayor McCarthy opened the public hearing on ESTABLISHING A UNIFORM SCHEDULE OF FEES. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Powell explained the Council reviews this Resolution annually, which includes all City fees charged for various services to the public, with the exception of building permits and fees appearing on water bills for water services. There are approximately 402 fees in the Resolution, which was formatted to show changes proposed for this year. He reviewed fees being increased and advised changes will be effective July 1, 2000, with the exception of fee changes for the Rio Hondo Golf Course, which will be effective October 2, 2000. He advised the Resolution generates approximately $6,276,000 a year for all City programs and funds and the projected fee increases will generate approximately $230,000 overall. There was no correspondence received regarding this matter. There being no one present wishing to speak, it was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to close the hearing. RESOLUTION NO. 6377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried (3 -0) to waive further reading and adopt, with amendments as noted on Page 5 below. Council Minutes 6/27/00 -4- Council Member Perkins referred to the increase for fireworks stands on Page 3 of the report, noting these are charity organizations who raise money and rely on this revenue and suggested the rate remain the same as last year. He referred to Page 4 of the report, Christmas Tree Lots, suggesting this fee be increased from $111 to $200. Mr. Caton explained State Law does not allow fees to exceed the actual cost of the service and suggested staff review the costs for inspecting Christmas tree lots and bring this back at a later date. Chief Sauter advised the fireworks stands fee amount was increased because the Fire Department has increased patrols and it involves a six month process to approve the service clubs requesting stands, which involves both fire and police staff. Council Member Winningham did not want to distinguish between for - profit and not for - profit tree lots, but did agree not to raise the fireworks stand fee. Council Member Perkins stated he was willing to yield on raising the Christmas tree lot fee. Mayor McCarthy requested an explanation as to why the fee schedule does not include building permits and water services and was informed State law specifies a separate process for increasing the fees in those two areas. Mayor McCarthy requested clarification of the golf course fees on Page 19 of the report. Mr. Jarrett advised the fee for senior citizens to play at Rio Hondo Golf Course before 8:00 a.m. or after 12:00 noon for 18 holes is $17, which is a substantial discount from the $34 the general public would pay. At any other time the fee is $23, as opposed to the general public rate of $45. Mayor McCarthy suggested the fee schedule list the rate rather than the discount to avoid misunderstandings and staff noted this would be clarified on the Resolution. It was moved by Council Member Perkins, seconded by Council Member Winningham, and unanimously carried (3 -0) to amend the main motion to have the fireworks stands rate remain the same; withdrew his request to amend the Christmas tree lot rate; and to include the clarification discussed for the list of golf course rates ORAL COMMUNICATIONS Dianne Lumsdaine, 9926 Pangborn Avenue, submitted and read a statement offering three suggestions concerning the vacancy in Council District 5. She mentioned she will be on a long - planned family vacation at the time of the July 1 lth meeting where candidates will be interviewed and will not be able to attend. She mentioned her qualifications and stated she would forward her resume. Council Minutes 6/27/00 -5- 1 HEARINGS (Cont.) Mayor McCarthy opened the public hearing to CONSIDER AN AMENDMENT TO SPECIFIC PLANS 88 -1 AND 88-1A TO CLARIFY THE PROHIBITION OF OUTDOOR STORAGE AS SPECIFIED IN SECTION 111.D.14.0 OF THESE SPECIFIC PLANS FOR THE RANCHO BUSINESS CENTER. Ms. McDonnell affirmed receipt of the Proof of Publication. It was so ordered to receive and file. Mr. Vose mentioned Council Member Perkins had requested direction on whether or not he could participate in this matter due to the proximity of the subject property to his residence. He advised the Council that the parcel of property on which Building F is located is outside the lineal footage limitation where a conflict of interest has been determined by the Fair Political Practices Commission (FPPC); therefore, Council Member Perkins is able to participate and vote on this matter. Mr. Yoshiki explained the issue was brought up regarding ongoing outdoor storage occurring at Building F in the Rancho Business Center at the April 1 lth Council Meeting, with a visual presentation depicting violations occurring. The tenant in violation of the terms of the Specific Plan was General Electric, which resulted in direction from Council to staff to consider an amendment to the Specific Plan to address this issue. He narrated a slide presentation of what has occurred on the premises; reviewed the Specific Plan's limitations for outdoor storage given to Building F in 1991; and noted the concerns with storage occurring outside the designated areas. He stated the Planning Commission reviewed these conditions and staff has prepared an amendment to the Specific Plan, which he explained. There was no correspondence received regarding this matter. Mayor McCarthy asked if there was anyone present to speak in favor of or in opposition to the amendment to Specific Plan No. 88 -1 AB . Steve Hoy, one of three general partners with Fremont Development, 970 West 190th Street, No. 220, Torrance, who developed and currently owns the Rancho Business Center, spoke in opposition to the amendment to the Specific Plan. He gave a brief background of the business park, noting General Electric has been an excellent tenant and citizen of the community. He stated without the storage yard this tenant will move and Fremont Development cannot afford to lose them or any other tenants. He referred to a recent action by Code Enforcement against another tenant, who stated they would leave at the end of their lease term. He advised that General Electric was granted the right and did lease the property based on the understanding they could use this small storage yard and requested the Council continue to allow General Electric the use of the side yard for storage, proposing a compromise whereby Fremont Development would agree to strike outdoor storage upon termination of General Electric's lease and would return the storage area to parking use. Anne Marie Lubert, Western Region Operations Manager for General Electric Supply, noted General Electric has been in this facility for 10 years and that she has been responsible for the facility for the last 10 months. She reviewed present and future remedies to make sure this situation does not happen again, noting the storage yard is needed to store 20 -foot long pipe. She explained her goal to Council Minutes 6/27/00 -6- 15 71 0 9 put in place standard operating procedures and what this entailed. She urged the Council to reconsider the amendment and responded to questions from the Council. Council Member Perkins congratulated Mr. Hoy on the Rancho Business Park project and also on the project at 190th Street and read a letter from Mr. Hoy dated June 2, 1998, regarding General Electric's outside storage, wherein it notes he discussed this issue with Chris Jimenez, Regional Manager of Operations for General Electric. He mentioned that Ms. Lubert had stated earlier that Mr. Jimenez was not the Regional Manager of Operations for General Electric and requested it be put in the record that this letter referred to him as such. He stated no one from the Council wants to hurt the Rancho development but felt there has been an ongoing issue with storage for a number of years. Mr. Hoy submitted pictures and clarified his recommendation, which is the elimination of outdoor storage in Specific Plans 88 -1 and 88-1A, with the exception of the area for General Electric; eliminating the storage right, if General Electric violates the conditions; and returning the storage yard to parking when General Electric eventually moves. Ms. Lubert clarified the prior inquiry regarding the title for Chris Jimenez, stating Mr. Jiminez was the Regional Hub Operations Manager, responsible for two warehouse facilities. She noted she is the Western Region Operations Manager and has additional responsibilities beyond warehousing. She stated Mr. Hoy was correct in his letter. David Bowers, 10620 Dolan Avenue, spoke in favor of the request by the prior speakers and felt the City should cooperate with these business, as we do not want them to leave the community. There being no one else to speak, it was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO SPECIFIC PLANS 88 -1 AND 88 -1A --- RANCHO BUSINESS CENTER RELATING TO OUTDOOR STORAGE The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried to waive further reading and introduce, returning the Ordinance to staff for further discussions with Fremont Properties. Council Member Perkins noted these violations have been ongoing for a number of years; however, he felt there was sincerity on behalf of the developer and urged the Council to introduce the Ordinance and then return it to staff for further discussions with the developer. Council Member Winningham inquired if a 20 -foot door on the building would enable indoor storage of all stock and was informed that was a possibility. He felt it was encouraging that General Electric now has local management on -site and hoped to see them work through this problem and put an end to it. Council Minutes 6/27/00 -7- .175 Council Member Perkins advised that a petition was submitted at the May 17th Planning Commission Meeting, signed by 10 people who wanted to prohibit outside storage at the Rancho Business Park. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -C -3, CASH CONTRACT NO. 619, THIRD STREET WATER MAIN REPLACEMENT PROJECT FROM MYRTLE STREET TO LA REINA AVENUE, was pulled by Amir Zamanian, Tri Star Engineering. Agenda Item VI -E -7, UNDERGROUND UTILITY DISTRICT NO. 17 IMPERIAL HIGHWAY BETWEEN THE WESTERLY AND EASTERLY CITY LIMITS, was removed by Council Member Perkins. He mentioned attending a meeting with Southern California Edison and Mr. Alvarez today and wanted to continue this item to a later date. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member Winningham, and unanimously carried (3 -0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JUNE 13, 2000, AND SPECIAL CALLED MEETING, JUNE 20, 2000: Approve. CASH CONTRACT NO. S.S. 457/469, ROSECRANS AVENUE AND PARAMOUNT BOULEVARD PAVEMENT REHABILITATION (ACCOUNT NOS. 54 -16457 AND 5446469): Award a unit price contract, totaling $293,293.30 to All American Asphalt for pavement rehabilitation on Rosecrans Avenue from the west City limits to Lakewood Boulevard and Paramount Boulevard from Gardendale Street to Imperial Highway: Approve. CASH CONTRACT NO. S.S. 498, IMPERIAL HIGHWAY STREET LIGHTING BETWEEN RIVES AVENUE AND THE EASTERLY CITY LIMIT (ACCOUNT NO. 26- 16498): Approve the Plans and Specifications and grant authority to advertise for bids: Approve. WARRANTS ISSUED: NO. 9790 — 157403, $1,612,791.63: Approve. AMENDMENT TO AGREEMENT WITH ISSUES MANAGEMENT NETWORK, INC. TO PROVIDE PUBLIC AFFAIRS SERVICES FOR WATER RELATED ISSUES: Approve an amendment for a six -month period for a cost not to exceed $36,000: Approve. AMENDMENT TO AGREEMENT WITH PEYSER ASSOCIATES, INC., FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES: Approve an amendment to the agreement for legislative advocacy services on behalf of the LACDA Alliance, for a cost not to exceed $39,500: Approve. Council Minutes 6/27/00 -8- r 5 x A ZONE CHANGE NO. 99 -87 FOR PROPERTIES LOCATED AT 12136 —12152 DOWNEY AVENUE ( APPLICANT/PROPERTY OWNER: JEFF DOHRMANN/DASCO): Set hearing for 7 :30 p.m., July 11, 2000, in the Council Chamber of Downey City Hall: Approve. ZONE CHANGE NO. 00 -12 FOR PROPERTY LOCATED AT 12830 CLARK AVENUE (APPLICANT/PROPERTY OWNER: WILLIAM MC INTIRE/LOS ANGELES COUNTY OFFICE OF EDUCATION- LACOE): Set hearing for 7:30 p.m., July 11, 2000, in the Council Chamber of Downey City Hall: Approve. LOAN AGREEMENT BETWEEN THE CITY AND THE COMMUNITY DEVELOPMENT COMMISSION: Approve the Operative Agreement No. 27 whereby the City loans $250,000 to the Downey Community Development Commission: Approve. REVISION TO COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO STUDY RECOVERING GROUNDWATER ALONG THE I -105 FOR BENEFICIAL USE: Approve a revision to the Cooperative Agreement (District Agreement No. 07 -4470) extending the completion date of the study: Approve. APPEAL HEARING — DENIAL OF POLICE PERMIT APPLICATION FOR MASSAGE TECHNICIAN: Refer the appeal of Ms. Jenny Kim to a Hearing Officer in accordance with Downey Municipal Code Section 6404: Approve. RESOLUTION NO. 6378 (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 POLICE MANAGEMENT ASSOCIATION RESOLUTION NO. 6379 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING WATER, SEWER, AND AB 939 RATES FOR THE CITY OF DOWNEY AND RESCINDING RESOLUTION NO. 6018 RESOLUTION NO. 6380 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2000 -2001 Council Minutes 6/27/00 -9- 1?Ey RESOLUTION NO. 6381 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24234 (9770 WASHBURN ROAD AND 9802 -36 DOWNEY - NORWALK ROAD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS SURETY RESOLUTION NO. 6382 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA COMMUNITIES DEVELOPMENT AUTHORITY ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS PRIVATE INDUSTRY COUNCIL/WORKFORCE INVESTMENT BOARD PRIVATE SECTOR NOMINATION FROM DOWNEY Ms. Yotsuya advised the City of Downey has two private sector seats on the Southeast Los Angeles County Private Industry Council, now referred to as the Workforce Investment Board (SELACO PIC /WIB). Individuals are selected from the business community and serve two -year staggered terms. To fill the seat for this year's vacancy, letters were sent to local business community organizations requesting their assistance. Federal law requires the City have at least two valid nominations for one vacancy. The two nominations submitted by the Downey Chamber of Commerce are: Dan Fox, Chiropractor, and Richard Strayer, Accountant. Staff requests the Council consider the nominations and select one individual as Downey's representative. Mayor McCarthy noted he serves as Chairman of the PIC/WIB, commending Art Aguilar for serving in this volunteer position as the City's representative for eight years. He recommended Richard Strayer, noting this position deals with a lot of numbers, and felt, as an accountant, that he would do well. Council Members Winningham and Perkins recommended Dan Fox, who they knew and felt would work well in the position. Mayor McCarthy withdrew his prior recommendation to give unanimous support to the individual selected. Council Minutes 6/27/00 - v 5 5, 0 It was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried (3 -0) to select Mr. Dan Fox as Downey's Private Sector Representative to the Southeast Los Angeles County Private Industry Council/Workforce Investment Board for the term of July 1, 2000 through June 30, 2002. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 619 — THIRD STREET WATER MAIN REPLACEMENT PROJECT FROM MYRTLE STREET TO LA REINA AVENUE (ACCOUNT NO. 83- 20533) Amir Zamanian, Tri Star Engineering, Inc., explained his company submitted a bid for Cash Contract No. 619 on June 15th, which contained a clerical mistake. He noted the bid was 35 percent less than intended and requested to be relieved from the bid based on this error. Notice of this error was provided to Brian Ragland, Principal Engineer, and a letter was received denying the request to be relieved of the bid. Mr. Alvarez explained that seven bids were received and opened on this water main replacement project on June 15th, resulting in Tri Star Engineering, Inc. coming in as the low bidder with a bid of $73,350. On June 20th Tri Star sent a letter notifying the City they had made an error in filling out the bid documents and requested to be relieved of their bid. The bid documents are consistent with no error in arithmetic and the bid quoted is consistent with at least two other bidders. Staff does not feel a mistake was made than entitles Tri Star to be relieved of the bid and recommends the Council continues the contract with Tri Star. Council discussed their concerns and the possible disadvantages of having a contractor who does not want the job. Mr. Caton advised the senior citizen housing project is being built by the Los Angeles Community Design Center, who will pay for this water line, noting their budget does not allow for the $15,000 difference between the first and second bidder. If the Council should decide to take the second bidder, the $15,000 will more than likely come out of City funds. Mr. Zamanian advised his company would be more than willing to complete the job if it was not underbid and stated it is a financial burden on them. He requested the Council reconsider. Mr. Alvarez suggested the Council defer a decision on this issue tonight to allow staff time to review the additional material submitted. Mayor McCarthy inquired as to what the City Engineer's estimate was for this project and was informed it was $65,000. It was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried (3 -0) to continue this item to the Council Meeting of July 11, 2000. Council Minutes 6/27/00 -11- 17514- OTHER BUSINESS - Council Members Council Member Perkins requested an update on the fence replacement program in District 1. Council Member Perkins read a letter to Police Chief Finch complimenting the actions of Police Aide Christian Burgos from Pete and Stephanie Pelayo for retrieving their daughter's walker from a Downey Unified School District bus. Council Member Winningham congratulated his son, Scott, and the rest of the City's high school graduates; commented on assisting with Downey High Grad Nite; and congratulated the parents, volunteers and Fire Department staff for their assistance in making this a great event. Council Member Winningham welcomed new Fire Chief Mark Sauter. OTHER BUSINESS - Staff Members: None ADJOURNMENT: 10:20 p.m. 1t, The meeting was adjourned in memory of William Goggin, former City Planner, Frank Beckner, former member of the Planning Commission, Parking Place Commission and Water Board, and James Gillespie, former Golf Course Authority member and longtime Downey resident, to 6:30 p.m., July 11, 2000, in the Council Chamber of Downey City Hall. f 1 / Judith E. McDonnell, City Clerk Keith McCarthy, Mayor H : \CCLERK \SCONTE\MINUTES \CCMN0627 Council Minutes 6/27/00 -12-