CITY OF CARSON

REGULAR MEETING OF THE CITY COUNCIL

 

CITY HALL COUNCIL CHAMBERS

701 EAST CARSON STREET

CARSON, CA 90745

 

July 20, 2004

 

5:00 P.M. – 10:00 P.M.

 

Agenda posted - Approval of Closed Session Agenda

AGENDA POSTED: JULY 16, 2004

“In accordance with the Americans with Disabilities Act of 1990, if you require a disability related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at 310-952-1720 at least 48 hours prior to the meeting.” (Government Code Section 54954.2)

 

CALL TO ORDER:

 

 

ROLL CALL:

 

 

APPROVAL OF CLOSED SESSION AGENDA:

 

 

Closed Session - Ceremonial Presentation

CLOSED SESSION (Items) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, RESOLUTION NO. 04-111 (CITY ATTORNEY)

One matter of existing litigation, Government Code Section 54956.9(a), City of Carson v. Padilla, Case No. BC-301626.

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF EXISTING LITIGATION CITY OF CARSON v. PADILLA."

ACTION:

Labor Negotiator

ITEM NO. (2)                        CONFERENCE WITH LABOR NEGOTIATORS (CITY MANAGER)

City Negotiators:

City Manager, Admin. Services General Manager and Asst. City Attorney

Employee Organizations:

Unclassified, AME, Supervisors Association, Professional Association, AFSCME Local 809, and ACE

 

RECOMMENDATION for the City Council:

 

1.         INSTRUCT labor negotiators.

 

ACTION:

 

REPORT ON CLOSED SESSION

 

 

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS     

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M. – 9:45 P.M.

FLAG SALUTE:

 

INSPIRATIONAL:

 

APPROVAL OF REGULAR BUSINESS AGENDA:

Mayor/Chairman requests the audience to fill out Speaker Forms to indicate those items on which they want to speak, and turn them into the City Clerk/Agency Secretary at the beginning of the meeting, in order to be recognized by the Mayor/Chairman.  Agenda arranged so that speakers may be heard early.  Council/Agency to indicate items to be pulled.

APPROVAL OF MINUTES:

 

JUNE 15, 2004:  REGULAR

JULY 6, 2004: REGULAR

JULY 7, 2004: SPECIAL

Notice to the Public- - Oral Comm Public

NOTICE TO THE PUBLIC

 

NOTICE TO THE PUBLIC

Public testimony may be given on any agenda item as it is called and will be LIMITED TO THREE MINUTES PER SPEAKER.  Please fill out a Speaker Form in order to be identified correctly in the minutes.  The forms are provided on the podium in the Council Chambers.  All Speaker Forms must be turned in to the City Clerk/Agency Secretary at the beginning of the meeting.

INTRODUCTIONS

 

INTRODUCTIONS (Items)

ITEM NO. (3)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

NEW BUSINESS CONSENT

 

 

NEW BUSINESS CONSENT (Items)     

These items are considered to be routine items of COUNCIL business and have, therefore, been placed on the CONSENT CALENDAR.  If COUNCIL wishes to discuss any item or items, then such item or items should be removed from the CONSENT CALENDAR.  For items remaining on the CONSENT CALENDAR, a single motion to ADOPT the recommended action is in order.

 

ITEM NO. (4)                        RESOLUTION NO. 04-106 IN SUPPORT OF THE IMMIGRANT RESPONSIBILITY AND SECURITY ACT (SENATE BILL 1160) (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING THE IMMIGRANT RESPONSIBILITY AND SECURITY ACT (SB 1160)."

ACTION:

ITEM NO. (5)                        APPROVAL TO DOWNGRADE SEVEN VACANT FULL-TIME POSITIONS (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the downgrade of seven vacant full-time positions as described in the Background.

2.                  WAIVE further reading and ADOPT Resolution No. 04-102, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN, RESOLUTION NO. 77-111, BY ADOPTING THE CLASS SPECIFICATIONS AND SALARY RANGES FOR FINANCE OFFICER, HUMAN RESOURCES MANAGER, EMPLOYMENT DEVELOPMENT SUPERVISOR, SENIOR ADMINISTRATIVE ANALYST, DIVISION SECRETARY, AND EMPLOYMENT SERVICES CLERK."

ACTION:

ITEM NO. (6)                        CONOCOPHILLIPS REQUEST FOR FRANCHISE AMENDMENT PREVIOUSLY GRANTED TO TOSCO CORPORATION, RESOLUTION NO. 04-096 (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-096, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CONSENTING TO THE ASSIGNMENT (BY MERGER) OF THE TOSCO CORPORATION NON-PUBLIC UTILITY PIPELINE FRANCHISE TO CONOCOPHILLIPS COMPANY, AND DELINEATING CERTAIN LOCATION FOR THE INSTALLATION AND OPERATION OF ADDITIONAL PIPELINES OR OTHER FACILITIES IN CONNECTION WITH THE FRANCHISE."

ACTION:

ITEM NO. (7)                        APPROVAL OF PLANS, SPECIFICATIONS, COST ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 965: ANNUAL RUBBERIZED EMULSION AGGREGATE SLURRY PROJECT (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications, cost estimate and location map.

2.                  INSTRUCT staff to order the work and call for bids for Project No. 965: Annual Rubberized Emulsion Aggregate Slurry Project.

ACTION:

ITEM NO. (8)                        AWARD OF CONTRACT - INTERSECTION OF MAIN STREET AND 228TH STREET DRAINAGE IMPROVEMENT: PROJECT NO. 1040 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a contract for the construction of Intersection of Main Street and 228th Street Drainage Improvement; Project No. 1040, in the amount of $ (TBD), to the lowest responsive and responsible bidder, (TBD).

2.                  AUTHORIZE construction contingencies in the amount of $(TBD) for change orders such as the removal and remediation of contaminated soils, substructure conflicts and other unforeseen construction work that may be needed.

3.                  AUTHORIZE the Mayor to execute said construction contract agreement, and the City Clerk to attest after approval as to form by the City Attorney.

ACTION:

ITEM NO. (9)                        RESOLUTION 04-101, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF COMPTON FOR A TRAFFIC SIGNAL AT 1650 S. CENTRAL AVENUE, COMPTON, CALIFORNIA (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                              1.         WAIVE further reading and ADOPT Resolution No. 04-101, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF COMPTON FOR A TRAFFIC SIGNAL LIGHT AT 1650 S. CENTRAL AVENUE, COMPTON, CALIFORNIA."

ACTION:

ITEM NO. (10)                    APPROVAL OF CHANGE ORDER - PROJECT NO. 932: CITYWIDE REGULATORY AND ADVISORY STREET SIGN UPGRADE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE a change order to Project No. 932 in the amount of $83,726.18 for the replacement of existing regulatory and advisory street signs at various locations throughout the city.

ACTION:

ITEM NO. (11)                    APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 233:  TRAFFIC SIGNAL INSTALLATION AT WILMINGTON AVENUE AND 233RD STREET - (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications and estimate and call for bids for Project No. 233, Traffic Signal Installation at Wilmington Avenue and 233rd Street.

2.                  RE-APPROPRIATE $120,000 to Account No. 30-70-710-003-8008, Redevelopment Merged and Amended Project Area.  This project was previously approved for FY 2003/04.

ACTION:

ITEM NO. (12)                    OVERALL ANNUAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL AND METHODOLOGY REPORT FOR FEDERAL FISCAL YEAR 2004/05, RESOLUTION NO. 04-110 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-110, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE OVERALL ANNUAL DBE GOAL AND METHODOLOGY REPORT FOR FEDERAL FISCAL YEAR 2004/05."

ACTION:

ITEM NO. (13)                    AUTHORIZATION TO APPLY FOR PLAYGROUND EQUIPMENT FUNDING (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AUTHORIZE staff to apply for this funding.

2.                  APPROVE a transfer of $5,000 from the City's contingency account to cover the costs of the equipment.

ACTION:

ITEM NO. (14)                    RESOLUTION NO. 04-109, MAKING AN ELECTION TO RECEIVE PAYMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR ITS REDEVELOPMENT PROJECT AREA NO. 4 (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 04-109, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING AN ELECTION TO RECEIVE PAYMENTS PURSUANT  TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR ITS REDEVELOPMENT PROJECT AREA NO. 4."

ACTION:

DEMANDS

 

 

DEMANDS (Items)

ITEM NO. (15)                    RESOLUTION NO. 04-108, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,572,188.41, DEMAND CHECK NUMBERS 050923 THROUGH 051382.

ACTION:

SPECIAL ORDERS OF THE DAY

 

 

SPECIAL ORDERS OF THE DAY (Items)

Any person wishing to testify is requested to complete a speaker card, available on the podium in the Council Chambers.  TESTIMONY WILL BE LIMITED TO THREE MINUTES PER PERSON.  Any subject of controversy will be limited to a total of fifteen minutes of testimony per side; those wishing to address the Council are requested to select three speakers to represent your opinion.

 

ITEM NO. (16)                    PUBLIC HEARING AND ADOPTION OF THE FY 2004/05 GENERAL FUND BUDGET (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  HOLD the public hearing.

2.                  WAIVE further reading and ADOPT Resolution No. 04-107, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE FY 2004/05 GENERAL FUND BUDGET AND APPROVING APPROPRIATIONS FOR THE 2004/05 FISCAL YEAR."

ACTION:

ITEM NO. (17)                    RESOLUTION NO. 04-098, TO ALLOW ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE (CVC) ON THE PRIVATE STREETS OF CARSON HARBOR VILLAGE MOBILEHOME PARK (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-098, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE WARRANT DECLARING THE PRIVATE ROADWAYS WITHIN THE CARSON HARBOR VILLAGE MOBILEHOME PARK BE SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE AND DIRECTING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE SUCH CODE ON AND WITHIN THE CARSON HARBOR VILLAGE MOBILEHOME PARK PRIVATE ROADWAYS AS ALLOWED BY VEHICLE CODE SECTION 21107.9."

ACTION:

UNFINISHED BUSINESS

 

 

UNFINISHED BUSINESS (Items)

ITEM NO. (18)                    COMMISSION AND BOARD APPOINTMENTS BY MAYOR DEAR (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  CONSIDERATION and APPOINTMENT by Mayor Dear of individuals to each of the following appointed bodies in accordance with the Carson Municipal Code, with ratification and approval of the appointments, as ratified, by the City Council:

2.                      -    Parks and Recreation Commission (1)

3.                      -    Environmental Commission (2)

4.                      -    Citywide Advisory Commission (1)

5.                      -    Veterans Affairs Commission (1)

6.                      -    Relocation Appeals Board (3)

7.                           -    3 terms ending March 31, 2006

ACTION:

ITEM NO. (19)                    COMMISSION APPOINTMENTS BY MAYOR PRO TEM CALAS (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  CONSIDER appointments to the following:

2.                      -    Human Relations Commission - Vacant Position Posted

3.                      -    Economic Development Commission - Vacant Position Posted

ACTION:

ITEM NO. (20)                    RESOLUTION NO. 04-089: GENERAL PLAN AMENDMENT NO. 02-12-071, UPDATING THE GENERAL PLAN (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  TAKE action on the staff and Planning Commission recommendations (Exhibit 3).

2.                  WAIVE further reading and ADOPT Resolution No. 04-089, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 02-12-071 (GENERAL PLAN UPDATE), CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS CONCERNING THE GENERAL PLAN UPDATE FOR THE CITY OF CARSON."

ACTION:

ITEM NO. (21)                    INTRODUCE ORDINANCE NO. 04-1308, TRUCK YARDS AND TRUCK TERMINALS IN THE ML (MANUFACTURING, LIGHT) AND MH (MANUFACTURING, HEAVY) ZONES AND AMENDING THE CARSON MUNICIPAL CODE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 04-1308, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, REGARDING TRUCK YARDS AND TRUCK TERMINALS IN THE ML (MANUFACTURING, LIGHT) AND MH (MANUFACTURING, HEAVY) ZONES AND AMENDING THE CARSON MUNICIPAL CODE."

ACTION:

NEW BUSINESS DISCUSSION

 

 

NEW BUSINESS DISCUSSION (Items)

ITEM NO. (22)                    BALLOT MEASURE TO RE-ESTABLISH THE ADMISSIONS TAX (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 04-081, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ORDERING THAT A PROPOSITION RELATED TO THE RE-ESTABLISHMENT OF AN ADMISSIONS TAX BE SUBMITTED TO THE VOTERS AT THE SPECIAL MUNICIPAL ELECTION ON NOVEMBER 2, 2004."

2.                  WAIVE further reading and ADOPT Resolution No. 04-100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS."

ACTION:

ITEM NO. (23)                    REGULATION TO SET PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE BALLOT MEASURE TO INCREASE THE TRANSIENT OCCUPANCY TAX, RESOLUTION NO. 04-099 (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-099, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS."

ACTION:

ITEM NO. (24)                    CALIFORNIA STATE ASSEMBLY BILL NO. 2702 (STEINBERG) PROPOSES TO AMEND SECTIONS 65583 AND 65852.2 OF, AND TO ADD SECTION 65917.1 TO, THE GOVERNMENT CODE, RESTRICTING LOCAL GOVERNMENTS' ABILITY TO DENY OR PLACE RESTRICTIONS ON THE DEVELOPMENT OF SECOND UNIT HOUSING IN SINGLE AND MULTIPLE FAMILY ZONES (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  REVIEW and discuss proposed State Legislation AB 2702.

2.                  GIVE staff direction to prepare a letter expressing either support or opposition to the State Legislature and to the author of the bill.

ACTION:

ITEM NO. (25)                    DISCUSSION ON THE ORDINANCE NO. 04-1307 TO AMEND THE CARSON MUNICIPAL CODE SECTIONS PERTAINING TO THE PUBLIC DISPLAY OF FIREWORKS (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

CHOOSE one of the following actions:

1.                  PROVIDE direction to staff regarding the amendments proposed by Councilman Santarina.

2.                  DIRECT staff to proceed with the second reading of Ordinance No. 04-1307, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING CERTAIN FIREWORKS REGULATIONS CONTAINED IN SECTION 3101 OF THE CARSON MUNICIPAL CODE, INCLUDING VARIOUS SUBSECTIONS THEREUNDER

ACTION:

ORDINANCE SECOND READING

 

 

ORDINANCE SECOND READING: (Items)

ORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC

 

ORAL COMMUNICATIONS – MEMBERS OF THE PUBLIC

 

This is the appropriate time for members of the general public to address those matters under the jurisdiction of the Council/Agency, and not on the posted Agenda.  Any person wishing to address the Council/Agency is requested to complete a Speaker Form, available on the podium in the Council Chambers.  TESTIMONY WILL BE LIMITED TO THREE MINUTES PER PERSON.  Under the provisions of the Brown Act, no action can be taken on these items, and there can be no discussion of the items, other than to place it on the agenda for a future meeting.

 

 

 

Oral Communication (Staff)  - Adjournment

ORAL COMMUNICATIONS I (STAFF)

 

9:45 P.M. – 10:00 P.M.

ORAL COMMUNICATIONS I (STAFF)

 

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

 

UNFINISHED-CONTINUED CLOSED SESSION ITEMS

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

 

REPORT ON CLOSED SESSION:

REPORT ON CLOSED SESSION

 

ADJOURNMENT

 

ADJOURNMENT