CITY OF CARSON

REGULAR MEETING OF THE CITY COUNCIL

 

5:00:00 PM

 

February 1, 2005

 

5:00 P.M. – 10:00 P.M.

 

Agenda posted - Approval of Closed Session Agenda

AGENDA POSTED:  JANUARY 27, 2005

“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. 05-014, (CITY ATTORNEY)

Three matters of existing litigation pursuant to Government Code Section 54956.9(a): City of Carson and Carson Redevelopment Agency v. HNTB Corporation, Steve P. Rados, Inc., and Caltrop Engineering, Inc., Los Angeles Superior Court Case No. BC300413; Steve P. Rados, Inc. v. City of Carson and Carson Redevelopment Agency, Office of Administrative Hearings Case No. A-0021-04; and Richard Rand v. Carson Redevelopment Agency and City of Carson, United States District Court Case No. CV-03-1913-GPS (PJWx).

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 05-014, "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: CITY OF CARSON AND CARSON REDEVELOPMENT AGENCY v. HNTB CORPORATION, STEVE P. RADOS, INC., AND CALTROP ENGINEERING, INC., LOS ANGELES SUPERIOR COURT CASE NO. BC300413; STEVE P. RADOS, INC. v. CITY OF CARSON AND CARSON REDEVELOPMENT AGENCY, OFFICE OF ADMINISTRATIVE HEARINGS CASE NO. A-0021-04; AND RICHARD RAND v. CARSON REDEVELOPMENT AGENCY AND CITY OF CARSON, UNITED STATES DISTRICT COURT CASE NO. CV-03-1913-GPS (PJWx)."

ACTION:

ITEM NO. (2)                        CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (CITY ATTORNEY)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 05-016, "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 POTENTIAL LITIGATION."

ACTION:

Labor Negotiator

ITEM NO. (3)                        LABOR NEGOTIATIONS (CITY MANAGER)

City Negotiators:

City Manager, Administrative Services General Manager and Assistant 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     

A.                 CERTIFICATE OF RECOGNITION TO FERN STAMPS FOR YOUR SERVICE TO THE COMMUNITY

 

B.                 CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

C.                 CITYWIDE ADVISORY COMMISSION

D.                ITELIA WALKER

 

C.                 CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

D.                ENVIRONMENTAL COMMISSION

E.                 ABE CATABAY

 

D.                CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

E.                 FINE ARTS AND HISTORICAL COMMISSION

F.                  BRAD WEIL

 

E.                 CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

F.                  MOBILEHOME PARK RENTAL REVIEW BOARD

G.                GLADYS BELL, WAYNE BROWNING, MELENDRE CERAME, DOBARD, DOM DE LA CRUZ, BARBARA DZIKOWSKI, JOHN GOOLSBY, MAURICE GRAHAM, BARBARA MARSTEEN,  EDWARD MOREL, KATIE MORRIS, BARBARA PALMATIER, LAVONNE SPICER-MOORE AND FRANKIE STEWART

 

F.                  CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

G.                PUBLIC SAFETY COMMISSION

H.                JOE MERTON

 

G.                CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

H.                PUBLIC WORKS COMMISSION

I.                   JOHN COTTRELL

 

H.                CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

I.                   RELOCATION APPEALS BOARD

J.                  ANGELA ISAIAH-PAYNE, EVENI LEVI, HARRIETT RUSS AND RONALD SHIMOKAJI

 

I.                   CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

J.                  SENIOR CITIZENS ADVISORY COMMISSION

K.                MARIA PILAPIL

 

J.                  CERTIFICATE OF APPOINTMENT TO BE PRESENTED TO:

K.                YOUTH COMMISSION

L.                 ADAM JORDAN

 

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:

 

DECEMBER 7, 2004     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. (4)                        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. (5)                        JOINT ITEM:  SETTLEMENT AGREEMENT AND RELEASE BETWEEN STEVE P. RADOS, INC. AND THE CARSON REDEVELOPMENT AGENCY - PROJECT NO. 622: DEL AMO BLVD. OVERCROSSING AT I-405 (CITY ATTORNEY)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the Settlement Agreement & Release between Steve P. Rados, Inc., and the Carson Redevelopment Agency.

2.                  AUTHORIZE the payment of $869,880.45 to Steve P. Rados, Inc., for the negotiated delay claims.

3.                  AUTHORIZE the City Manager to sign the Settlement Agreement & Release Between Steve P. Rados, Inc., and the Carson Redevelopment Agency.

ACTION:

ITEM NO. (6)                        REQUEST TO PROVIDE TRANSPORTATION FOR SENIORS TO ATTEND THE 34TH ANNUAL SENIOR CITIZENS OBSERVANCE OF AFRICAN AMERICAN HISTORY MONTH PROGRAM (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE the request to provide a bus to transport Carson seniors to the 34th Annual Senior Citizens Observance of African American History month program.

ACTION:

ITEM NO. (7)                        RESOLUTION NO. 05-017 SUPPORTING WEST BASIN MUNICIPAL WATER DISTRICT'S 2005 PROPOSITION 50, "WATER QUALITY, SUPPLY AND SAFE DRINKING WATER PROJECTS" GRANT APPLICATIONS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 05-017, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING WEST BASIN MUNICIPAL WATER DISTRICT'S 2005 PROPOSITION 50, 'WATER QUALITY, SUPPLY AND SAFE DRINKING WATER PROJECTS' GRANT APPLICATIONS."

ACTION:

ITEM NO. (8)                        AUTHORIZE FRIENDS OF THE COURT LETTER: NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE the Mayor to sign the attached amicus curiae (friends of the court) letter encouraging the State Supreme Court to review the December 7, 2004 decision rendered by the Court of Appeal, Fourth Appellate District, Division One, entitled Building Industry Association of San Diego County v. State Water Resources Control Board (December 7, 2004, D042385).

ACTION:

ITEM NO. (9)                        APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 970:  ANNUAL CAPE SEAL PROJECT (DEVELOPMENT SERVICES)

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. 970:  Annual Cape Seal Project.

ACTION:

ITEM NO. (10)                    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, 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. (11)                    ACCEPT AS COMPLETE - PROJECT NO. 1040: INTERSECTION OF MAIN STREET AND 228TH STREET DRAINAGE IMPROVEMENT (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT as complete Project No. 1040:  Intersection of Main Street and 228th Street Drainage Improvement.

2.                  AUTHORIZE staff to file a Notice of Completion

ACTION:

ITEM NO. (12)                    ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) - SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES GRANT AWARD, RESOLUTION NO. 05-013 (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT the amount of $48,714 from the Office of Traffic Safety (OTS) for the Sobriety Checkpoint Program for Local Law Enforcement Agencies Grant.

2.                  APPROVE the FY 2004/05 revenue projection of $48,714 for account number 39 00 999 213 4516.

3.                  APPROPRIATE $48,714 to account number 39 90 500 213 6005.

4.                  WAIVE further reading and ADOPT Resolution No. 05-013, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACCEPTING GRANT FUNDS FROM THE OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES."

ACTION:

ITEM NO. (13)                    REQUEST FOR AUTHORIZATION TO REFUND PERMIT FEE FOR MASSAGE PARLOR APPLICATION (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  GRANT an exception to Section 6375 of the CMC and AUTHORIZE a partial refund of fees paid by the application.

ACTION:

ITEM NO. (14)                    APPROVAL OF CONTRACT - CITY ATTORNEY (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE a contract with Aleshire & Wynder, LLP to provide City Attorney services.

ACTION:

ITEM NO. (15)                    THIS NUMBER INTENTIONALLY LEFT BLANK.

RECOMMENDATION for the City Council:

ACTION:

DEMANDS

 

 

DEMANDS (Items)

ITEM NO. (16)                    RESOLUTION NO. 05-011, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,191,548.24, DEMAND CHECK NUMBERS 055010 THROUGH 055212.

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)                    CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A SECOND MODIFICATION TO DESIGN OVERLAY REVIEW NO. 02-02-770 FOR PROPERTY LOCATED AT 335 E. ALBERTONI STREET IN THE CG-D (COMMERCIAL, GENERAL - DESIGN OVERLAY DISTRICT) ZONE AND WITHIN REDEVELOPMENT PROJECT AREA NO. 1 (DEVELOPMENT SERVICES)

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. 05-012, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A SECOND MODIFICATION TO DESIGN OVERLAY REVIEW NO. 02-02-770."

ACTION:

UNFINISHED BUSINESS

 

 

UNFINISHED BUSINESS (Items)

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

RECOMMENDATION for the City Council:

1.                  Mayor Dear to Appoint to fill existing vacancies and/or Reassign individuals to each of the following bodies in accordance with the adoption of Ordinance No. 04-1325, with the approval of the City Council:

2.                  PLANNING COMMISSION (9)  -  (NO VACANCY)

3.                  PARKS AND RECREATION COMMISSION (7)  -  (NO VACANCY)

4.                  ENVIRONMENTAL COMMISSION (7)  -  (1 VACANCY)

5.                  FINE ARTS AND HISTORICAL COMMISSION (7)  -  (NO VACANCY)

6.                  HUMAN RELATIONS COMMISSION (7)  -  (NO VACANCY)

7.                       HUMAN RELATIONS COMMISSION - YOUTH (2)  -  (NO VACANCY)

8.                  CITYWIDE ADVISORY COMMISSION (7)  -  (NO VACANCY)

9.                  ECONOMIC DEVELOPMENT COMMISSION (9)  -  (NO VACANCY)

10.              MOBILEHOME PARK RENTAL REVIEW BOARD (15):

11.                   AT-LARGE MEMBER (3) - (NO VACANCY)

12.                   AT-LARGE MEMBER (ALTERNATE) (4) - (1 VACANCY)

13.                   PARK OWNER MEMBER (2) - (NO VACANCY) 

14.                   PARK OWNER MEMBER (ALTERNATE) (2) - (NO VACANCY) 

15.                   RESIDENT HOMEOWNER MEMBER (2) - (NO VACANCY) 

16.                   RESIDENT HOMEOWNER MEMBER (ALTERNATE) (2) - (NO VACANCY)

17.              PUBLIC RELATIONS COMMISSION (7):

18.                   COMMUNITY REPRESENTATIVE (3)  -  (NO VACANCY)

19.                   PUBLIC RELATIONS SPECIALIST (4)  -  (1 VACANCY)

20.              PUBLIC WORKS COMMISSION (5)  -  (NO VACANCY)

21.              PUBLIC SAFETY COMMISSION (7)  -  (NO VACANCY)

22.              RELOCATION APPEALS BOARD (5)  -  (NO VACANCY)

23.              WOMEN'S ISSUES COMMISSION (7)  -  (3 VACANCIES)

24.              SENIOR CITIZENS ADVISORY COMMISSION (11)  -  (NO VACANCY)

25.              YOUTH COMMISSION (11)  -  (NO VACANCY)

26.              VETERANS AFFAIRS COMMISSION (11)  -  (NO VACANCY)

ACTION:

NEW BUSINESS DISCUSSION

 

 

NEW BUSINESS DISCUSSION (Items)

ITEM NO. (19)                    NOMINEES FOR THE SECOND ANNUAL COMMUNITY INVOLVEMENT AWARDS SPONSORED BY WASTE MANAGEMENT (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  DESIGNATE individuals to receive Community Involvement Awards sponsored by Waste Management at the February 15, 2005 awards luncheon.

ACTION:

ORDINANCE SECOND READING

 

 

ORDINANCE SECOND READING: (Items)

ITEM NO. (20)                    ORDINANCE NO. 05-1331, CHANGING THE ZONING DESIGNATION OF CERTAIN PROPERTY AND AMENDING THE CARSON MUNICIPAL CODE (ZONE CHANGE CASE NO. 03-10-144)

ITEM NO. (21)                    ORDINANCE NO. 05-1332, RELATING TO COUNCILMANIC SALARIES AND AMENDING THE CARSON MUNICIPAL CODE

ITEM NO. (22)                    ORDINANCE NO. 05-1333, REVISING THE CARSON MUNICIPAL CODE, ARTICLE IV, CHAPTER 7, SECTION 4701 (E)(3) TO SET THE COMPENSATION FOR MOBILEHOME PARK RENTAL REVIEW BOARD MEMBERS

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