CITY OF
REGULAR MEETING OF THE CITY COUNCIL
5:00:00
PM
September 7, 2004
Agenda posted - Approval of Closed Session
Agenda
AGENDA POSTED: SEPTEMBER 3, 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. 04-126 (CITY ATTORNEY)
Three
matters of existing litigation, Government Code Section 54956.9(a): DeWitt v.
Santarina & Raber; Helen Kawagoe, Intervener, Case No. BS 082401; Sheely v.
City of Carson, et. al., Case No. TC 016813; and, City of Carson v. Padilla,
Case No. BC-301626.
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-126, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER
WITH LEGAL COUNSEL REGARDING THREE MATTERS OF EXISTING LITIGATION: DEWITT v.
SANTARINA & RABER; HELEN KAWAGOE, INTERVENER; SHEELY v. CITY OF CARSON, ET.
AL.; AND, CITY OF CARSON v. PADILLA."
ACTION:
ITEM NO. (2)
CONFERENCE
WITH LEGAL COUNSEL - POTENTIAL LITIGATION, RESOLUTION NO. 04-130 (CITY
ATTORNEY)
Two
matters of potential litigation, Government Code Section 54956.9(b).
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-130, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER
WITH LEGAL COUNSEL REGARDING TWO MATTERS OF POTENTIAL LITIGATION."
ACTION:
Labor Negotiator
REPORT ON CLOSED SESSION
5:45 P.M. – 6:00 P.M.
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:
AUGUST
10, 2004: ADJOURNED REGULAR
AUGUST
18, 2004: ADJOURNED REGULAR
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.
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-123, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, URGING GOVERNOR SCHWARZENEGGER TO
RESCIND HIS VETO OF AB 2512."
ACTION:
ITEM NO. (5)
RESOLUTION
NO. 04-124 SUPPORTING PROPOSED AMENDMENTS TO THE BYLAWS OF THE LEAGUE OF CALIFORNIA
CITIES (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-124, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING PROPOSED AMENDMENTS TO
THE BYLAWS OF THE LEAGUE OF CALIFORNIA CITIES."
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-125, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ENCOURAGING HEALTHIER LIFESTYLES FOR
CHILDREN, ADULTS AND SENIORS THROUGHOUT CALIFORNIA."
ACTION:
ITEM NO. (7)
ACCEPT
AS COMPLETE - PROJECT NO. 902: ANNUAL RUBBERIZED EMULSION AGGREGATE SLURRY
PROGRAM (DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
ACCEPT
as complete Project No. 902: Annual Rubberized Emulsion Aggregate Slurry
Program.
2.
AUTHORIZE
staff to file a Notice of Completion.
ACTION:
ITEM NO. (8)
AWARD
OF CONTRACT - PROJECT NO. 965: ANNUAL RUBBERIZED EMULSION AGGREGATE SLURRY
PROJECT (DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AWARD
a contract to American Asphalt South, Inc., the lowest responsible bidder
Project No. 965: Annual Rubberized
Emulsion Aggregate Slurry Project.
2.
AUTHORIZE
the Mayor to execute the agreement following approval as to form by the City
Attorney.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the plans, specifications, estimate and location map.
2.
INSTRUCT
staff to advertise the work and call for bids for Project No. 978: Concrete
Reconstruction Program.
ACTION:
ITEM NO. (10)
ACCEPT
AS COMPLETE - PROJECT NO. 1035: TRAFFIC SIGNAL INSTALLATION AT MAIN AND 215TH
STREETS (DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
1.
ACCEPT
Project No. 1035: Traffic Signal Installation at the intersection of Main and
215th Streets, as complete and authorize staff to record the Notice of
Completion.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the agreement between the City of Carson and Little Blackfoot, LLC, entitled
"Default Judgment Agreement."
2.
AUTHORIZE
the Mayor to execute agreement and the City Clerk to attest after approval as
to form by the City Attorney.
ACTION:
ITEM NO. (12)
AMEND
PURCHASE ORDER NO. B01927: USED OIL RECYCLING BLOCK GRANT SEVENTH CYCLE
(DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
1.
AUTHORIZE
staff to amend Purchase Order No. B01927 with MCA Consultants in the amount of
$29,454.
ACTION:
RECOMMENDATION
for the City Council:
1.
AUTHORIZE
the Chairperson of the Planning Commission to attend the Annual Conference of
the California Chapter of the Americna Planning Association.
ACTION:
ITEM NO. (14)
CONSULTING
SERVICES PURCHASE ORDER AUTHORIZATION (DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
1.
AUTHORIZE
a purchase order to Berryman & Henigar in the amount of $60,000 to continue
to provide part-time staff assistance to the Building Construction Manager for
Project No. 872 and other projects for July through December, 2004.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
WAIVE
further reading and ADOPT Resolution No. 04-120, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A
NONPUBLIC UTILITY PIPELINE FRANCHISE TO CHEMOIL REFINING CORPORATION."
2.
SET
the matter for public hearing on October 5, 2004.
ACTION:
RECOMMENDATION
for the City Council:
1.
AUTHORIZE
the City Manager to approve the payment of costs for services already provided,
and to be provided, by Burke, Williams & Sorensem, LLP in the matter of
City of Carson v. City of La Mirada, et al. in an additional amount not to
exceed $10,000.00.
ACTION:
RECOMMENDATION
for the City Council:
1.
AUTHORIZE
the Mayor to execute the Purchase and Sale Agreement between the City and
Channel Point Corporation for the disposition of City owned remnant property,
following approval as to form by the City Attorney.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AWARD
a professional services contract, in an amount not-to-exceed $27,500, to Comprehensive Housing Services, Inc. (CHS)
to provide consulting assistance in relation to the Community Development Block
Grant program for the period September 1, 2004 through August 31, 2005.
2.
AUTHORIZE
the Mayor to execute the agreement following approval as to form by the City
Attorney.
ACTION:
ITEM NO. (19)
INFORMATION
REGARDING THE CITY'S RESPONSE TO COMBAT THE WEST NILE VIRUS PROBLEM (PUBLIC
SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
ACCEPT
FY 2003/04 Federal Local Law Enforcement Block Grant Program (LLEBG) funding in
the amount of $136,941 and provide $15,216 in matching funds as required by the
grant.
2.
ACCEPT
FY 2003/04 State of California Supplemental Law Enforcement Services Fund
Program (SLESF) funding in the amount of $141,217. No City match is required.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
renewal of the Agreement with the County of Los Angeles Probation Department,
in the amount of $53,176, from July 1, 2004 through June 30, 2005, to provide
Gang Crime Suppresion Program (GCSP) services to the City of Carson.
2.
APPROVE
renewal of the Agreement with the County of Los Angeles Probation Department,
in the amount of $53,176, from July 1, 2004 through June 30, 2005, to provide
Gang Alternative Prevention Program (GAPP) services to the City of Carson.
3.
AUTHORIZE
the Mayor to execute the GCSP and GAPP Services Agreements for FY 2004/05.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the application package to petition for enforcement of the California Vehicle
Code on certain private roadways.
2.
APPROVE
the proposed filing fee and direct staff to prepare an agenda item to set a
public hearing to amend the schedule of fees.
ACTION:
ITEM NO. (23)
SUPPORT
FOR VOLUNTARY QUALITY PRE-SCHOOL FOR ALL 4-YEAR OLDS IN CALIFORNIA, RESOLUTION
NO. 04-127 (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-127, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, IN SUPPORT OF VOLUNTARY, QUALITY
PRESCHOOL FOR ALL 4-YEAR OLDS IN CALIFORNIA."
ACTION:
ITEM NO. (24)
APPROVAL
OF FINE ARTS & HISTORICAL COMMISSION CONTRACTS FOR FY 2004/05 (PUBLIC
SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the Carson Civic Light Opera contract in the amount of $48,000.
2.
APPROVE
the Carson Symphony contract in the amount of $50,000.
3.
APPROVE
the Apollo West Carson Players contract in the amount of $35,000.
4.
AUTHORIZE
the Mayor to execute said contracts after approval as to form by the City
Attorney.
ACTION:
ITEM NO. (25)
AUTHORIZATION
FOR PARKS & RECREATION COMMISSIONER TO ATTEND THE ANNUAL NRPA CONFERENCE
(PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AUTHORIZE
the Chairman of the Parks and Recreation Commission to attend one conference as
allowed by SMP 2.11.
2.
APPROPRIATE
additional funds in the amount of $300 (for approval for 1 conference
attendance) or $1,800 (for attendance at both conferences).
3.
4.
transfer
of $1,125.20 from the City's contingency account to cover the cost to attend
the conference.
ACTION:
DEMANDS
DEMANDS (Items)
ITEM NO. (26)
RESOLUTION
NO. 04-118, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,267,190.37, DEMAND
CHECK NUMBERS 051728 THROUGH 052093.
ACTION:
ITEM NO. (27)
RESOLUTION
NO. 04-132, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,180,027.87, DEMAND
CHECK NUMBERS 052094 THROUGH 052495.
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.
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
OPEN
the joint public hearing, TAKE public testimony, and CLOSE the joint public
hearing.
2.
WAIVE
further reading and ADOPT Resolution No. 04-122, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND
APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND
CALIFORNIA REAL ESTATE LEASING, LLC."
3.
AUTHORIZE
the City Manager to execute the aforementioned agreement after it has been
approved as to form by the City Attorney.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
OPEN
the public hearing, TAKE public testimony, and CLOSE the public hearing.
2.
WAIVE
further reading and INTRODUCE Ordinance No. 04-1322, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REGARDING VEHICLE REPAIR AND
SERVICE WITHIN THE CR (COMMERCIAL, REGIONAL) ZONE, THE MUR (MIXED USE
RESIDENTIAL) OVERLAY DISTRICT AND PROPERTIES IN ALL ZONES WITHIN 100 FEET OF
RESIDENTIAL ZONES."
ACTION:
UNFINISHED BUSINESS
UNFINISHED BUSINESS (Items)
ITEM NO. (30)
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. (31)
APPOINTMENT
OF AN ECONOMIC DEVELOPMENT COMMISSIONER BY MAYOR PRO TEM CALAS (CITY CLERK)
RECOMMENDATION
for the City Council:
1.
APPOINTMENT
by Mayor Pro Tem Calas of one member to the Economic Development Commission for
an unexpired term ending March 31, 2005 (Vacant Position Posted) and ratified
by the City Council.
ACTION:
ITEM NO. (32)
APPOINTMENT
OF A PLANNING COMMISSIONER BY MAYOR DEAR (CITY CLERK)
RECOMMENDATION
for the City Council:
1.
APPOINTMENT
by Mayor Dear of one member to the Planning Commission for an unexpired term
ending March 31, 2005 and ratified by the City Council.
ACTION:
ITEM NO. (33)
CARNIVAL
MIDWAY ATTRACTIONS REQUEST FOR A CARNIVAL PERMIT (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
APPROVE
Carnival Midway Attractions' application for a carnival permit for the period
November 12-14, 2004, contingent upon approvals being received from all
inspecting agencies.
ACTION:
ITEM NO. (34)
RESOLUTION
NO. 04-089: GENERAL PLAN AMENDMENT 02-12-071, UPDATING THE GENERAL PLAN
(DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
TAKE
action on staff and Planning Commission recommendations (Exhibit No. 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:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 04-1308, "AN ORDINANCE OF THE
CITY COUNCIL 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)
RECOMMENDATION
for the City Council:
1.
CONSIDER
the attached joint report of the City Clerk and City Attorney, and PROVIDE
direction to staff.
ACTION:
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE DIRECTION regarding the Council's desire to support, oppose or
remain neutral regarding Proposition NO. 71 scheduled for the November 2, 2004
ballot.
ACTION:
ITEM NO. (38)
RCN
TELECOM SERVICES REQUEST FOR CABLE FRANCHISE AMENDMENT, ORDINANCE 04-1321
(ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 04-1321, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING THE CABLE FRANCHISE AGREEMENT BETWEEN THE
CITY AND RCN TELECOM SERVICES, INC."
ACTION:
ITEM NO. (39)
SURVEY
OF INFORMATION FOR CARNIVAL LICENSING REQUIREMENTS (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
PROVIDE
direction to staff.
ACTION:
ITEM NO. (40)
UPDATE
ON CARSON SHERIFF'S COMMUNITY EMERGENCY RESPONSE TEAM (CERT) (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and ACCEPT a report from staff regarding the current status of the CERT
program.
ACTION:
ITEM NO. (41)
DISCUSSION
ON THE IMPLEMENTATION OF A CITY OF CARSON PROJECT LABOR AGREEMENT (CITY
MANAGER)
RECOMMENDATION
for the City Council:
1.
DISCUSS
and PROVIDE direction to staff.
ACTION:
ORDINANCE SECOND READING
ORDINANCE SECOND READING: (Items)
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
REPORT ON CLOSED SESSION:
REPORT ON CLOSED SESSION
ADJOURNMENT