CITY OF CARSON

REGULAR MEETING OF THE CITY COUNCIL

 

5:00:00 PM

 

September 21, 2004

 

5:00 P.M. – 10:00 P.M.

 

Agenda posted - Approval of Closed Session Agenda

AGENDA POSTED: SEPTEMBER 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. 04-126 (CITY ATTORNEY)

Two maters of existing litigation, Government Code Section 54956.9(a): DeWitt v. Santarina & Raber: Helen Kawagoe, Intervener, Case No. BS 082401; 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 TWO MATTERS OF EXISTING LITIGATION: DEWITT v. SANTARINA & RABER; HELEN KAWAGOE, INTERVENER; AND, CITY OF CARSON v. PADILLA."

ACTION:

Labor Negotiator

REPORT ON CLOSED SESSION

 

 

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS     

A.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE CARSON HIGH SCHOOL SUMMER VARSITY BASEBALL TEAM, 2004 LA WATTS SUMMER GAMES BASEBALL TOURNAMENT CHAMPIONS, TO BE RECEIVED BY: DANIEL FERNANDEZ, TODD GALLEGOS, MIKE HEMPHILL, EUGENIO HUIZAR, JULIO MARTINEZ, NICK O'BRIAN, DANIEL ORNELAS, ADRIAN PALOMARES, NICK REYES, DANIEL RODRIGUEZ, DEAN SCHAFER, IVAN TAMAYO, DAVID TORRES, JOHNNY TOSCANO, JUSTIN VASQUEZ, DONALD WILLIAMS; MIKE SAKURAI, HEAD COACH, RON CRUZ, JASON COLE AND DARRYL WILLIAMS, ASSISTANT COACHES

 

B.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE CARSON HIGH SCHOOL VARSITY BASEBALL TEAM, 2ND PLACE, DIVISION I CHAMPIONSHIP, 2004 SOUTH BAY HIGH SCHOOL WOOD BAT CLASSIC TOURNAMENT, TO BE RECEIVED BY CARSON HIGH BASEBALL VARSITY TEAM

 

C.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO SPONSORS OF THE CITY OF CARSON UNITY DAY CELEBRATION HELD ON AUGUST 8, 2004, TO BE RECEIVED BY REPRESENTATIVES OF ALCOA FASTENERS, CALIFORNIA STATE UNIVERSITY, DOMINGUEZ HILLS, CARSON COORDINATING COUNCIL, CONOCO PHILLIPS, CORMIER CHEVROLET/HYUNDAI, DON KOTT FORD, ESQUIVA SERVICES (SHELL OIL PRODUCTS U.S.), NADER'S LA POPULAR, NISSAN NORTH AMERICA, INC., PRIME WHEEL, SEE'S CANDIES, INC., SOUTHBAY PAVILION AT CARSON, WASTE MANAGEMENT AND WATSON LAND COMPANY

 

D.                CERTIFICATE OF RECOGNITION TO BE PRESENTED TO SPONSORS OF THE UNITY DAY GOLF TOURNAMENT HELD ON AUGUST 6, 2004, TO BE RECEIVED BY REPRESENTATIVES OF BALLY STEAKHOUSE, CASA CAMARON, COLOR SPOT NURSERIES, DIANA'S MEXICAN RESTAURANT, DOMINGUEZ HILLS ALUMNI RELATIONS, ECONO LUBE N' TUNE, KELLOGG SUPPLY, INC., AND STARBUCKS

 

E.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO CONOCO PHILLIPS AND BP AMERICA, INC., FOR THEIR GENEROUS DONATION TO THE CITY OF CARSON AQUATIC PROGRAM

 

F.                  CERTIFICATE OF APPRECIATION TO BE PRESENTED TO 2004 CARSON SISTER CITIES ASSOCIATION HOST FAMILY PROGRAM, TO BE RECEIVED BY KAREN AVILLA, ROBERTO & HELEN BENTAJADO, LOU & DODIE BROWNLEE, VERNON & STEPHANIE FLORES, MARCELINO & LILING INES, TIMOTHY & NIPARPON (NINA) JOHANSEN, MITS & CAROL ANN MORI, ALFONSO & NATIVIDAD (NATY) ODAL, SAM & TERI SANDATE AND FORTUNATO & LILIA TINGSON; AND SPECIAL RECOGNITION TO ADAM JORDAN AND FUMI TAKAHASHI

 

G.                CERTIFICATE OF COMMENDATION TO BE PRESENTED TO DARA ABASOLO, CITY EMPLOYEE, PARKS & RECREATION DEPARTMENT FOR MERITORIOUS SERVICE

 

H.                PROCLAMATION RECOGNIZING RIDESHARE WEEK, OCTOBER 4-8, 2004, TO BE RECEIVED BY DEBORAH BROWN, FORMER MANAGER, TRANSPORTATION SERVICES, WHO INITIATED AND COORDINATED THE CITY'S BREATHE PROGRAM SINCE ITS INCEPTION IN 1990

 

I.                   PROCLAMATION RECOGNIZING LIONS WHITE CANE DAYS, OCTOBER 2-3, 2004, TO BE RECEIVED BY LINDA JANGAOAN, KAYUMANGGI LIONS CLUB

 

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:

 

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. (2)                        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. (3)                        AWARD OF CONTRACT - PROJECT NO. 233: TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF WILMINGTON AVENUE AND 233RD STREET (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a contract for Project No. 233: Traffic signal installation at the intersection of Wilmington Ave. and 233rd St., in the amount of $151,480.00 to the lowest responsible bidder, Dynalectric.

2.                  AUTHORIZE construction contingencies in the amount of $15,000 for change orders such as substructure conflicts and other unforeseen construction work that may be required to complete this project.

3.                  AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney.

ACTION:

ITEM NO. (4)                        RESOLUTION NO. 04-123, URGING THE GOVERNOR TO RESCIND HIS VETO OF ASSEMBLY BILL NO. 2512 (HORTON), AN ACT TO INCLUDE THE ROLE OF FILIPINOS IN WORLD WAR II AS PART OF THE CALIFORNIA EDUCATION CODE (CITY MANAGER)

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)                        AUTHORIZATION FOR HUMAN RELATIONS COMMISSION MEMBERS TO ATTEND THE 26TH ANNUAL NAACP FREEDOM FUND AWARDS DINNER (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE members of the Human Relations Commission to attend the 26th Annual NAACP Freedom Fund Awards Dinner

ACTION:

ITEM NO. (6)                        RESOLUTION NO. 04-131: THREE-WAY STOP SIGN INSTALLATION AT INTERSECTION OF SHERMAN DRIVE AND AMBLER DRIVE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-131, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO INSTALL STOP SIGNS ON ALL THREE APPROACHES OF THE INTERSECTION OF SHERMAN DR. AND AMBLER AVE."

ACTION:

ITEM NO. (7)                        ACCEPT AS COMPLETE - PROJECT NO. 977: CONCRETE RECONSTRUCTION PROGRAM (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT as complete Project No. 977: Concrete Reconstruction Program.

2.                  AUTHORIZE staff to file a Notice of Completion.

ACTION:

ITEM NO. (8)                        APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 978: CONCRETE RECONSTRUCTION PROGRAM (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specification, 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. (9)                        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:

ITEM NO. (10)                    THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF CARSON AND CHANNEL POINT CORP. FOR THE SALE OF CITY OWNED REMNANT PARCEL LOCATED AT 2557 AND 2559 EAST CARSON ST., CARSON, CALIFORNIA (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE the Mayor to execute the Purchase and Sale Agreement between the City and Channel Point Corp. for the disposition of City owned remnant property, following approval as to form by the City Attorney.

ACTION:

ITEM NO. (11)                    AMENDMENT TO THE RESTRICTIVE COVENANT AGREEMENT BETWEEN THE CITY OF CARSON AND CARSON GREENS, L. P. (DEVELOPER) FOR THE RESIDENTIAL DEVELOPMENT AT 1211 EAST CARSON ST. (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  APPROVE an amendment to the restrictive covenant governing the residential units to be constructed at 1211 E. Carson St. to allocate the seven Bonus Density Units to moderate-income households as defined by the California Health and Safety Code.

ACTION:

ITEM NO. (12)                    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:

ITEM NO. (13)                    SET A PUBLIC HEARING DATE TO CONSIDER RECOMMENDED CHANGES TO THE UNIFORM COMPREHENSIVE SCHEDULE OF FEES (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  SET the matter for public hearing on October 19, 2004.

ACTION:

ITEM NO. (14)                    SETTING A PUBLIC HEARING TO CONSIDER GRANTING A PIPELINE FRANCHISE RENEWAL TO CHEMOIL REFINING CORPORATION, RESOLUTION NO. 04-120 (ADMINISTRATIVE SERVICES)

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 November 3, 2004.

ACTION:

ITEM NO. (15)                    AUTHORIZATION FOR THE ADMINISTRATIVE SERVICES GENERAL MANAGER TO EXPEND SPECIAL REVENUE FUNDS PENDING ADOPTION OF THE FY 2004/05 ANNUAL OPERATING BUDGET, RESOLUTION NO. 04-139 (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-139, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GIVING THE ADMINISTRATIVE SERVICES GENERAL MANAGER LIMITED AND TEMPORARY AUTHORITY TO EXPEND SPECIAL REVENUE FUNDS, SUBJECT TO THE CITY COUNCIL'S APPROVAL OF THE REGISTER OF DEMANDS AS REQUIRED BY LAW, PENDING ADOPTION OF THE FY 2004/05 SPECIAL REVENUE FUNDS BUDGETS."

ACTION:

DEMANDS

 

 

DEMANDS (Items)

ITEM NO. (16)                    RESOLUTION NO. 04-137, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,514,966.03, DEMAND CHECK NUMBERS 052496 THROUGH 052772.

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. (17)                    PUBLIC HEARING TO CONSIDER ORDINANCE NO. 04-1322, 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 (DEVELOPMENT SERVICES)

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 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. (18)                    RCN TELECOM SERVICES REQUEST FOR CABLE FRANCHISE AMENDMENT, ORDINANCE NO. 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. (19)                    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. (20)                    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. (21)                    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. (22)                    INTRODUCE ORDINANCE NO. 04-1308 REGARDING 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. (23)                    CONSIDERATION OF SUPPORT OF PROPOSITION NO. 71: STEM CELL RESEARCH (FUNDING, BONDS, INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE) (CITY MANAGER)

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. (24)                    INTRODUCTION AND FIRST READING OF ORDINANCE NO. 04-1325, AMENDING THE CARSON MUNICIPAL CODE REGARDING THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS, COMMISSIONS, AND COMMITTEES (CITY ATTORNEY)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 04-1325, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CARSON MUNICIPAL CODE REGARDING THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS, COMMISSIONS, AND COMMITTEES."

ACTION:

ITEM NO. (25)                    SURVEY OF INFORMATION FOR CARNIVAL LICENSING REQUIREMENTS (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  PROVIDE direction to staff

ACTION:

ITEM NO. (26)                    SUPPORT THE PASSAGE OF THE LOS ANGELES COUNTY PUBLIC SAFETY AND HOMELAND SECURITY 1/2 CENT SALES TAX INITIATIVE ON THE NOVEMBER 2, 2004, BALLOT, RESOLUTION NO. 04-138 (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 04-138, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING MEASURE A - LOS ANGELES COUNTY PUBLIC SAFETY AND HOMELAND SECURITY 1/2 CENT SALES TAX INITIATIVE."

ACTION:

ITEM NO. (27)                    APPROVAL OF THE CITY OF CARSON PROJECT LABOR AGREEMENT (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE the Project Labor Agreement document developed by City staff as the basis for establishing a formal relationship between the City of Carson and the Los Angeles/Orange Counties Building and Construction Trades Council, subject to approval as to form by the City Attorney.

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