CITY OF
REGULAR MEETING OF THE CITY
COUNCIL
CITY
HALL COUNCIL CHAMBERS
701
EAST CARSON STREET
CARSON,
CA 90745
THE
CARSON CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETINGS ARE BROADCAST LIVE
VIA Time Warner Cable CHANNEL 35 AS WELL AS VIA THE INTERNET AT: HTTP://CI.CARSON.CA.US
October 5, 2004
AGENDA POSTED:
October 5, 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)
Agenda posted - Approval of Closed
Session Agenda
AGENDA POSTED:
SEPTEMBER 30, 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 (None) 5:00 P.M. – 5:45 P.M.
Legal Counsel
ITEM NO. (1)
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY ATTORNEY)
One
matter of existing litigation, Government Code Section 54956.9(a), Avalon
Center Investment Company v. City of Carson, Case No. BS 087688.
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-143, "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: AVALON CENTER
INVESTMENT COMPANY v. CITY OF CARSON."
ACTION:
Labor Negotiator
REPORT ON CLOSED SESSION
REPORT ON EXECUTIVE SESSION (CLOSED SESSION)
5:45 P.M. – 6:00 P.M.
CEREMONIAL
PRESENTATIONS/PROCLAMATIONS
CEREMONIAL PRESENTATIONS/PROCLAMATIONS
B.
CERTIFICATE
OF COMMENDATION TO CAROLE KEEN, EVENT CHAIR FOR THE CARSON RELAY FOR LIFE
C.
CERTIFICATE
OF RECOGNITION CARSON COORDINATING COUNCIL FOR SPONSORSHIP OF THE CARSON RELAY
FOR LIFE
H.
PROCLAMATION
OF COMMITMENT TO THE AMERICAN DREAM TO BE READ INTO THE RECORD
I.
PROCLAMATION
RECOGNIZING OCTOBER 15, 2004 AS LATINO AIDS AWARENESS DAY TO BE READ INTO THE
RECORD
J.
VIDEO
PRESENTATION ON EARLY TOUCHSCREEN VOTING (CITY CLERK)
Flag Salute - Approval of Minutes
CITY COUNCIL
REGULAR BUSINESS MEETING
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 give the
completed form to 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 given 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.
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the agreement with RKA Civil Engineers, Inc., in the amount of $300,850, for
the engineering services necessary of Project No. 838: Main St. Improvements,
from Victoria St. to Alondr Blvd.
2.
AUTHORIZE
the Mayor to execute the agreement, following approval as to form by the City
Attorney.
ACTION:
ITEM NO. (4)
REAFFIRMATION
OF OPPOSITION TO 310 AREA CODE SPLIT (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
REAFFIRM
opposition to the planned split of the 310 area code and AUTHORIZE transmittal
of a letter to the President of the CPUC supporting the alternate decision
authored by Commissioner Loretta Lynch.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-135, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT
OF COUNTY HIGHWAYS THROUGH CITIES (HTC) FUNDS."
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-142, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ENDORSING BUILDING A STRONGER
ECONOMY, EFFECTIVE SOLUTIONS TO HIGHWAY CONGESTION, A CLEANER ENVIRONMENT, AND
IMPROVED QUALITY OF LIFE BY ADVOCATING FOR INCREASED USE OF FREIGHT RAILROAD
TRANSPORTATION."
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. (8)
APPROVAL
TO APPLY FOR TDA, ARTICLE 3 (SB 821) BICYCLE AND PEDESTRIAN FACILITIES FUNDING
FOR 2004/05 (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-129, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING THE APPLICATION FOR
2004/05 BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION
OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
ACCEPT
FY 2004/05 Federal Local Law Enforcement Block Grant Program (LLEBG) funding in
the amount of $58,145 and provide $6,461 in matching funds as required by the
grant.
2.
ACCEPT
FY 2004/05 State of California Supplemental Law Enforcement Services Fund
Program (SLESF) funding in the amount of $141,394. No City match is required.
ACTION:
ITEM NO. (10)
WEST
NILE VIRUS STATUS (PUBLIC SERVICES
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE.
ACTION:
ITEM NO. (11)
REQUEST
TO RENAME STEVENSON PARK COMMUNITY CENTER (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
REFER
the matter to the Parks and Recreation Commission for review and consideration.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 04-140, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT."
ACTION:
DEMANDS
DEMANDS (Items)
ITEM NO. (13)
RESOLUTION
NO. 04-141, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,745,898.26, DEMAND
CHECK NUMBERS 052773 THROUGH 053036.
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, 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, CLOSE the public hearing.
2.
WAIVE
further reading and ADOPT Resolution No. 04-136, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING THE CITY OF CARSON TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE
SECTION 65089."
ACTION:
UNFINISHED BUSINESS
UNFINISHED BUSINESS
UNFINISHED
BUSINESS (Items)
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, AT SECTIONS
2701, 2736, 2751, 2762, 2796.2, 2798.2, 2799.2, 4702, 27100.2, 27101.2,
27102.2, 27103.2, 27104.2, 27104.2 [SIC] (CODIFIED AS 27106.2) AND 27105.2,
REGARDING THE APPOINTMENT AND REMOVAL OF MEMBERS OF CITY COMMISSIONS AND
BOARDS."
ACTION:
ITEM NO. (17)
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. (18)
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. (19)
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. (20)
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. (21)
CONSIDER
APPROVAL OF THE CITY OF CARSON PROJECT LABOR AGREEMENT (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
CONSIDER
approving the Project Labor Agreement document as the basis for establishing a
formal relationship between the City of Carson and the Los Angeles/Orange
Counties Building and Cosntruction Trades Council, subject to approval as to
form by the City Attorney.
ACTION:
ITEM NO. (22)
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:
ITEM NO. (23)
SURVEY
OF INFORMATION FOR CARNIVAL LICENSING REQUIREMENTS (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
CHOOSE
one of the following options:
1.
KEEP
the current municipal code provisions related to carnival operations.
2.
DIRECT
staff to prepare an ordinance to repeal the current municipal code provisions
related to carnivals so that carnivals will no longer be allowed within the
City.
3.
DIRECT
staff to prepare ordinance amendments which will allow carnivals to operate in
the City subject to the following conditions:
4.
a. The carnival is operated in association
with a bona-fide, non-profit organization that has been registered with the
City of Carson for at least 24 months prior to the submission of the
application;
5.
b. The carnival operator provides proof of
$2 million in public liability insurance with the City listed as an additional
insured;
6.
c.
The carnival operator contracts with and pays for Carson Sheriff's sworn
personnel, at the staffing levels deemed appropriate by the Sheriff's Station
Captain, to be present and on-site during all hours of operation;
7.
d.
No more than three carnivals per year will be authorized in the City.
8.
DIRECT
staff to prepare ordinance amendments which will allow carnivals to operate in
the City subject to the following conditions:
9.
a. The carnival is operated in association
with a bona-fide, non-profit organization that has been registered with the
City of Carson for at least 24 months prior to the submission of the
application;
10.
b. The carnival operator provides proof of
$3 million in public liability insurance with the City listed as an additional
insured;
11.
c.
The carnival operator contracts with and pays for Carson Sheriff's sworn
personnel, at the staffing levels deemed appropriate by the Sheriff's Station
Captain, to be present and on-site during all hours of operation;
12.
d.
No more than three carnivals per year will be authorized in the City.
13.
DIRECT
staff to prepare ordinance amendments which will allow carnivals to operate in
the City subject to the following conditions:
14.
a. The carnival is operated in association
with a bona-fide, non-profit organization that has been registered with the
City of Carson for at least 24 months prior to the submission of the
application;
15.
b. The carnival operator provides proof of
$3 million in public liability insurance with the City listed as an additional
insured;
16.
c.
The carnival operator provides, at its cost, at least six licensed
security officers to be present and on-site during all hours of operation;
17.
d.
No more than three carnivals per year will be authorized in the City.
ACTION:
ITEM NO. (24)
AMEND
PURCHASE ORDER NO B01927: USED OIL RECYCLING BLOCK GRANT SEVENTH CYCLE
(DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
1.
CONTINUE
this item to the October 19, 2004 meeting.
ACTION:
NEW BUSINESS DISCUSSION
NEW
BUSINESS DISCUSSION (Items)
RECOMMENDATION
for the City Council:
APPROVE
the meeting schedule for the months of November and December as follows:
1.
Tuesday,
November 2 No meeting due to the City of
Carson Consolidated Special Municipal Election.
2.
Wednesday,
November 3 Adjourned Regular Meeting
in the Community Center (with present Council), at 5:00 P.M. for the closed
session agenda and 6:00 P.M. for the business agenda. Meeting to be adjourned an adjourned regular
meeting at 5:00 P.M. on Tuesday, December 7, 2004, for the certification of
results and swearing-in ceremony.
3.
Tuesday,
December 7 Adjourned Regular meeting in
the Community Center (with present Council) at 6:00 P.M., for the certification
of results and swearing-in ceremony only.
4.
Tuesday,
December 7 Regular meeting in the
Community Center (with new council) at 6:00 P.M., or as soon thereafter as
practicable, for the selection of the mayor pro tempore with no other agenda
matters scheduled. A cake-and-punch reception for the new city council member
and the mayor pro tem will follow immediately after the adjournment of the
regular meeting.
5.
Wednesday,
December 8 Adjourned Regular
meeting in the Council Chambers (with new council), at 5:00 P.M. for the closed
session agenda and 6:00 P.M. for the business agenda.
6.
Tuesday,
December 21 No regular meeting
in accordance with action taken on October 21, 2003.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 04-1324, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING SUBSECTION 3251.3 OF THE CARSON MUNICIPAL
CODE RELATING TO PARKING WITHIN CERTAIN RESIDENTIAL ZONES AND AUTHORIZING THE
REMOVAL OF ILLEGALLY PARKED VEHICLES."
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 04-1326, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING SUBSECTION 3252.4(a) OF THE CARSON
MUNICIPAL CODE RELATING TO STOPPING, PARKING OR STANDING VEHICLES NEAR SCHOOLS
TO LOAD OR UNLOAD PASSENGERS."
ACTION:
ORDINANCE SECOND READING
ORDINANCE
SECOND READING: (Items)
ITEM NO. (28)
ORDINANCE
NO. 04-1321, AMENDING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY
AND RCN TELECOM SERVICES, INC.
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)
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