CITY OF CARSON

REGULAR MEETING OF THE CITY COUNCIL

 

CITY HALL COUNCIL CHAMBERS

701 EAST CARSON STREET

CARSON, CA 90745

 

September 5, 2006

 

5:00 P.M. – 10:00 P.M.

 

Agenda posted - August 31, 2006

AGENDA POSTED: DATE

“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 EXECUTIVE SESSION AGENDA (CLOSED SESSION)

 

 

Executive Session (Closed Session) - Ceremonial Presentation

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

 

Legal Counsel

ITEM NO. (1)                        CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION, RESOLUTION NO. 06-101   (CITY ATTORNEY)

One matter of potential litigation, Government Code Section 54956.9(b)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-101, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR AN EXECUTIVE SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF POTENTIAL LITIGATION."

ACTION:

ITEM NO. (2)                        CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION, RESOLUTION NO. 06-102   (CITY ATTORNEY)

One matter of potential litigation, Government Code Section 54956.9(b)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-102, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR AN EXECUTIVE SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF POTENTIAL LITIGATION."

ACTION:

ITEM NO. (3)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, RESOLUTION NO. 06-103 (CITY ATTORNEY)

One matter of existing litigation, Government Code Section 54956.9(a)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-103, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR AN EXECUTIVE SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF EXISTING LITIGATION:  GALLANT V. CITY OF CARSON, ET AL., CASE NO. BC-309168."

ACTION:

ITEM NO. (4)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, RESOLUTION NO. 06-104 (CITY ATTORNEY)

One matter of existing litigation, Government Code Section 54956.9(a)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-104, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR AN EXECUTIVE SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF EXISTING LITIGATION:  LA MIRADA V. CITY OF CARSON CASE NO. BC-248284."

ACTION:

ITEM NO. (5)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, RESOLUTION NO. 06-113 (CITY ATTORNEY)

One matter of existing litigation, Government Code Section 54956.9(a)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-113, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING AN EXECUTIVE SESSION TO CONFER WITH LEGAL COUNSEL REGARDING ONE MATTER OF EXISTING LITIGATION: CARSON COALITION FOR HEALTHY FAMILIES, AN UNINCORPORATED ASSOCIATION V. CITY OF CARSON, ET AL, CASE NO. BS102076."

ACTION:

Labor Negotiator

ITEM NO. (6)                        LABOR NEGOTIATIONS

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 EXECUTIVE SESSION (CLOSED SESSION)

 

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS   

A.                CEREMONIAL PRESENTATIONS AND PROCLAMATIONS:

B.                 SEPTEMBER 5, 2006

A.        CERTIFICATE OF APPOINTMENT:

 

            ECONOMIC DEVELOPMENT COMMISSION

            DOBARD

 

            PUBLIC SAFETY COMMISSION

CARMEN CSANYI

ALAN D. ROWLAND

 

            RELOCATION APPEALS BOARD

            FELIX AZUR, SR.

 

B.        CERTIFICATE OF RECOGNITION PRESENTED TO JOY OF HARVEST FELLOWSHIP CHURCH TO COMMEMORATE ITS 17TH ANNIVERSARY TO BE RECEIVED BY PASTOR JESSE GATDULA

 

C.        CERTIFICATE OF RECOGNITION PRESENTED TO

JIMMY KONTOS, OWNER, COLUMBIA RESTAURANT FOR HIS GENEROUS SUPPORT OF THE CARSON SUMMER PROGRAM, "HAND WITHOUT GUNS" AND MIDNIGHT BASKETBALL GAMES

 

D.        CERTIFICATE OF RECOGNITION TO STAFF AND VOLUNTEER PARTICIPANTS IN THE CITY OF CARSON "HANDS WITHOUT GUNS" AND MIDNIGHT BASKETBALL SUMMER EVENT

 

E.        CERTIFICATE OF RECOGNITION PRESENTED TO JEWANE HILTON ON THE OFFICIAL OPENING OF "JAWANE HILTON MINISTRIES"

 

F.         PROCLAMATION RECOGNIZING THE 7TH ANNUAL RACE EQUALITY AND INCLUSIVE COMMUNITIES WEEK,

SEPTEMBER 25-29, 2006, TO BE RECEIVED BY

HELEN KAWAGOE, CITY CLERK, REPRESENTING THE NATIONAL LEAGUE OF CITIES

 

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M. – 9:45 P.M.

FLAG SALUTE:

 

EPHRAIM J. GATDULA

YOUTH COMMISSIONER

INVOCATION:

 

PASTOR LOIDA J. GATDULA

JOY OF HARVEST FELLOWSHIP

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:

 

July 18, 2006 (Regular)

July 25, 2006 (Special Joint)

July 31, 2006 (Special Joint)

August 1, 2006 (Regular)

August 14, 2006 (Special Joint)

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. (7)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

ITEM NO. (8)                        EMPLOYEE INTRODUCTIONS

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. (9)                        AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH JWA URBAN CONSULTANTS FOR PLANNING CONSULTANT SERVICES (DEVELOPMENT SERVICES)

THIS IS A JOINT ITEM WITH REDEVELOPMENT AGENCY ITEM #

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AMEND the Professional Services Agreement with JWA Urban Consultants, Inc. for an amount not-to-exceed $87,750.00 for Planning Consultant Services and extend the term of the contract from September 1, 2006 to June 30, 2007.

2.                  AUTHORIZE the Mayor to execute the First Amendment to the Agreement for Professional Services following approval as to form by the City Attorney.

ACTION:

ITEM NO. (10)                    AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE M. KETZ FOR PLANNING CONSULTANT SERVICES (DEVELOPMENT SERVICES)

THIS IS A JOINT ITEM WITH REDEVELOPMENT AGENCY ITEM #

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE an amendment to the Professional Services Agreement with Christine M. Ketz in an amount not-to-exceed $9,375.00 for Planning Consultant Services and extend term of the contract from July 1, 2006 to June 30, 2007.

2.                  AUTHORIZE the Mayor to execute the First Amendment to the Agreement for Professional Services following approval as to form by the City Attorney.

ACTION:

ITEM NO. (11)                    LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY BOARD SUPPORTS INFRASTRUCTURE BONDS PROPOSITIONS 1A AND 1B (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (12)                    CITY COUNCIL SUB-COMMITTEE MEETING DISPOSITIONS:  TECHNOLOGY, LANDSCAPE AND MONUMENT, MOBILEHOME SPACE RENT CONTROL ORDINANCE, BEAUTIFICATION GOVERNANCE AND EDUCATION (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (13)                    RESOLUTION OF RESOLUTION NO. 06-112 APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 36, LOCAL 809 (AFSCME) FOR THE PERIOD JULY 1, 2006 THROUGH JUNE 30, 2007 (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 06-112, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 36, LOCAL 809 (AFSCME) FOR THE PERIOD JULY 1, 2006 THROUGH JUNE 30, 2007."

ACTION:

ITEM NO. (14)                    ST PHILOMENA CATHOLIC CHURCH REQUEST FOR CARNIVAL PERMIT (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE St. Philomena Catholic Church's application for a carnival permit for Friday, September 15, 2006 through Sunday, September 17, 2006 for the hours of operations specified in the body of this report, contingent upon approvals being received from all inspecting agencies.

ACTION:

ITEM NO. (15)                    APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH TECS ENVIRONMENTAL FOR CONSULTING SERVICES (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a Professional Services Agreement for Consulting Services with TECS Environmental to provide inspection of commercial and industrial facilities in accordance with the requirements of the current National Pollution Discharge Elimination System Permit for an amount not-to-exceed $82,950.00.

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

ACTION:

ITEM NO. (16)                    APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF CARSON AND THE COUNTY OF LOS ANGELES ASSIGNING A PORTION OF THE CITY'S SURFACE TRANSPORTATION PROGRAM LOCAL (STPL) FUNDS FOR DEL AMO BOULEVARD IMPROVEMENTS, WILMINGTON AVENUE TO THE I 710 FREEWAY:  PROJECT NO. 1201 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE an agreement assigning $194,123.00 of the city's Surface Transportation Program Local (STPL) funds to the County of Los Angeles, as credit toward the city's financial share of Project No. 1201, Del Amo Boulevard Improvements from Wilmington Avenue to the I-710 Freeway, a city/county cooperative project, which will be designed and administered by the county (Exhibit No. 2).

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

ACTION:

ITEM NO. (17)                    HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEMS AND AIR DUCT SANITIZING AND CLEANING - CITY HALL, COMMUNITY CENTER, CORPORATE YARD AND PARKS (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AUTHORIZE the Purchasing Manager to solicit bids for the sanitizing and cleaning of HVAC systems and air ducts at City Hall, the Community Center, the Corporate Yard and parks.

2.                  APPROPRIATE $96,000.00 from the unreserved, undesignated general fund balance to cover the cost of the air duct cleaning project.

ACTION:

ITEM NO. (18)                    PROFESSIONAL CROSSING GUARD SERVICES CONTRACTOR AGREEMENT (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  NEGOTIATE an agreement with All City Management Services to provide professional crossing guard services for the city of Carson for a three year period, with two additional one year periods based on performance.

ACTION:

ITEM NO. (19)                    NEW CITY OF CARSON BUILDING SECURITY CONTRACTOR AGREEMENT (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  DIRECT staff to negotiate a new agreement with Central Parking Systems, Inc. to provide building security services for the city of Carson for a three year period, beginning January 28, 2007 through January 27, 2010, with the option to extend for two additional one year periods based upon performance and to submit the proposed new agreement to the City Council for consideration.

ACTION:

ITEM NO. (20)                    SENIOR WALL OF LOVING MEMORIES HONOREES (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE the listed nominees to the Senior Wall of Loving Memories:

2.                  a)         Merle Arcy

3.                  b)         Martin Dunbar

4.                  c)         Tuiofu Foisia

5.                  d)         Sadie Norrell

6.                  e)         Harold Pitts

ACTION:

ITEM NO. (21)                    THIS NUMBER INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

DEMANDS

 

 

DEMANDS (Items)

ITEM NO. (22)                    RESOLUTION NO. 06-111, ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $6,327,287.48, DEMAND CHECK NUMBERS 065565 THROUGH 066304.

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. (23)                    JOINT PUBLIC HEARING FOR CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT TO THE RESTATED AND AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT (RADDA) BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND CARSON REAL ESTATE LEASING, LLC, FOR A TOYOTA AUTOMOBILE DEALERSHIP LOCATED AT 1333 EAST 223RD STREET, CARSON, CALIFORNIA (MERGED AND AMENDED PROJECT AREA) (ECONOMIC DEVELOPMENT)

THIS IS A JOINT ITEM WITH REDEVELOPMENT AGENCY ITEM #

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. 06-80, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING A SECOND 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 Mayor to execute the aforementioned agreement after it has been approved as to form by the City Attorney.

ACTION:

ITEM NO. (24)                    JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND THE ACEVEDO GROUP, L.P. FOR SALE AND DEVELOPMENT OF AGENCY-OWNED PROPERTY LOCATED AT 616 EAST CARSON STREET (PROJECT AREA 4) (ECONOMIC DEVELOPMENT)

THIS IS A JOINT ITEM WITH REDEVELOPMENT AGENCY ITEM #

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. 06-100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND THE ACEVEDO GROUP, LP."

3.                  AUTHORIZE the Mayor to execute the aforementioned amendment after it has been approved as to form by the City Attorney.

ACTION:

UNFINISHED BUSINESS

 

 

UNFINISHED BUSINESS (Items)

ITEM NO. (25)                    REVIEW, RECONFIRM OR CONSIDER COMMISSION/COMMITTEE/BOARD APPOINTMENTS BY MAYOR DEAR (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  Mayor Dear to REVIEW, RECONFIRM or CONSIDER appointments to the following:

2.                  "           Planning Commission

3.                  "           Parks and Recreation Commission

4.                  "           Environmental Commission

5.                  "           Fine Arts and Historical Commission

6.                  "           Human Relations Commission

7.                  "           Citywide Advisory Commission

8.                  "           Economic Development Commission

9.                  "           Mobilehome Park Rental Review Board: At-Large Member - one (1) vacancy with unexpired

10.                               term ending 3/31/07 (Dobard)

11.              "           Public Relations Commission

12.              "           Public Works Commission

13.              "           Public Safety Commission - three (3) vacancies with unexpired terms ending 3/31/07 (Dina

14.                               Enrique, Donald Taylor, and Teresa Williamson)

15.              "           Relocation Appeals Board

16.              "           Women's Issues Commission

17.              "           Senior Citizens Advisory Commission

18.              "           Veterans Affairs Commission

19.              "           Youth Commission

20.              "           Beautification Committee

ACTION:

ITEM NO. (26)                    APPOINTMENT BY MAYOR DEAR OF ALTERNATE MEMBERS(S) TO THE CITY OF CARSON 40TH ANNIVERSARY CELEBRATION STEERING COMMITTEE (CITY MANAGER)

RECOMMENDATION for the City Council:

Mayor Dear to TAKE the following actions:

1.                  APPOINT Dodie Brownlee, alternate #1, to fill a vacancy on the 40th Anniversary Steering Committee, with ratification by a majority of the entire City Council present, including the Mayor.

2.                  APPOINT alternate member(s) of the 40th Anniversary Celebration Steering Committee, with the approval of a majority of the entire City Council present, including the Mayor.

3.                  AUTHORIZE the Chairperson of the 40th Anniversary Steering Committee to designate alternate members to sit only in the place of absent committee members at steering committee meetings in order of succession as designated by Mayor Dear.

ACTION:

ITEM NO. (27)                    RECOMMENDATIONS OF THE CITY COUNCIL EDUCATION SUB-COMMITTEE REGARDING SCHOOL DISTRICT BOUNDARY REALIGNMENT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  INSTRUCT the City Attorney to create a legal petition form which will quality under the Los Angeles County Office of Education requirements.  The petition shall be used for gathering signatures of those citizens residing in the impacted area and desire to be in the Los Angeles Unified School District.

2.                  INSTRUCT The City Attorney to coordinate with the Los Angeles County Office of Education to create such a petition.

3.                  AUTHORIZE the City Attorney to work with the City Council Education Sub-Committee to create a resolution addressing the desire to change the Los Angeles Unified School District and Compton Unified School District boundaries to include the entire city of Carson within the Los Angeles Unified School District.

4.                  AUTHORIZE the City Council Education Sub-Committee to do further outreach to seek members of an education steering committee designed to lead this effort.

5.                  AUTHORIZE the City Attorney and staff to draft legislation as part of a parallel path to be presented at a later time.

ACTION:

ITEM NO. (28)                    STATUS REPORT ON AIR QUALITY AND HEALTH CONCERNS AT DEL AMO ELEMENTARY SCHOOL (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE this report.

ACTION:

ITEM NO. (29)                    THIS NUMBER INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

NEW BUSINESS DISCUSSION

 

 

NEW BUSINESS DISCUSSION (Items)

ITEM NO. (30)                    OCTOBER MEETING SCHEDULE DUE TO THE INTERNATIONAL CONFERENCE OF SHOPPING CENTERS (ICSC) TO BE HELD OCTOBER 3-5, 2006 (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  APPROVE the meeting schedule for the month of October as follows:

2.                  Tuesday, October 3                 No meeting due to the International Conference of Shopping Centers

3.                   

4.                  Tuesday, October 10   Adjourned Regular Meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda.

5.                   

6.                  Tuesday, October 17   Regular meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda.

ACTION:

ITEM NO. (31)                    NOVEMBER MEETING SCHEDULE DUE TO THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 27, 2006 (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  APPROVE the meeting schedule for the  month of November as follows:

2.                  Tuesday, November 7             No meeting due to the Statewide General Election.

3.                  Wednesday, November 8       Adjourned Regular Meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 p.m. for the business agenda.

4.                  Tuesday, November  21          Regular meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 p.m. for the business agenda.

ACTION:

ITEM NO. (32)                    CONSIDERATION OF AND OPTIONAL ACTIONS ON REFERENDUM AGAINST ORDINANCE NO. 06-1353 (RENAISSANCE APARTMENT PROJECT:  1281 EAST UNIVERSITY DRIVE) (CITY ATTORNEY)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  1.         ADOPT Resolution No. 06-105 rescinding Ordinance No. 06-1353 (Exhibit No. 1).

2.                  2.         ADOPT Resolution No. 06-106 (Exhibit No. 2) calling for an election to consider whether Ordinance No. 06-1353 should be approved by the voters of Carson.  If this option is selected, the City Council should further decide whether a "Special Election" shall be held not less than 88 days from the date the of the Council's action or whether to consolidate voter consideration of Ordinance No. 06-1353 with the city's March 2007 regular municipal election.

3.                  2A.      In the event the Council determines to place adoption of Ordinance No. 06-1353 before the voters at the March 6, 2007 regular municipal election, Resolution No.06-106 should be utilized and adopted by the City Council.

4.                  2B.      In the event the Council determines to place adoption of Ordinance No. 06-1353 before the voters at special election, a date between December 5, 2006, and March 6, 2007, should be chosen, and then Resolution No. 06-107  (Exhibit No. 3) should be utilized and adopted by the City Council.

5.                  2C.      In the event the Council determines to place adoption of Ordinance No. 06-1353 before the voters at either a general or special election, Resolution No. 06-108 (Exhibit No. 4) could be adopted to direct the City Attorney to prepare an impartial analysis, give priority to council members to file arguments for or against the measure, and provide for rebuttal arguments.

6.                  3.         ADOPT Resolution No. 06-109 (Exhibit No. 5) directing the City Attorney to file an action with the Los Angeles County Superior Court seeking a judicial declaration determining whether the Referendum is legally valid.  Following a determination by a judicial officer, the City Council could then place back on a future agenda the decision whether to rescind or place Ordinance No. 06-1353 before the voters of the city.

7.                              City Attorney's Recommendations -- although there are questions about the validity of the Referendum, the City Attorney recommends that the City Council select from either Options 1 or 2 because a "plain reading" of the California Elections Code requires the Council to take one of these two actions.

8.                              The City Attorney notes, however, that in a case like this, where there are legal issues as to the validity of the Referendum, the city will likely be sued by the Developer if it the City Council elects either Option 1or Option 2.

9.                              Accordingly, it is also the opinion of the City Attorney that Option 3 is the safest legal option from the perspective of avoiding protracted litigation.  A court would be asked to determine, and then declare, whether the Referendum is legally valid or binding.  If a court were to hold the Referendum to be legally valid, the City Council would be in a position to decide whether to rescind Ordinance 06-1353 or call for an election on the ordinance free of any exposure to lawsuits from the competing interests involved.

10.                          If legal counsel for the Developer is correct in its various legal and statutory arguments, and the Referendum is declared unlawful, the City Council would be legally prohibited from either rescinding Ordinance No. 06-1353 or placing the same before the voters.

ACTION:

ITEM NO. (33)                    INTRODUCTION AND FIRST READING OF ORDINANCES NO. 06-1359 AND 06-1360 AMENDING THE SALARY OF THE MAYOR AND CITY COUNCIL AND AMENDING THE CARSON MUNICIPAL CODE (CITY ATTORNEY)

RECOMMENDATION for the City Council:

TAKE the following action:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 06-1359, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE SALARY OF THE MAYOR AND AMENDING THE CARSON MUNICIPAL CODE."

2.                  WAIVE further reading and INTRODUCE Ordinance No. 06-1360, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE SALARY OF THE CITY COUNCIL AND AMENDING THE CARSON MUNICIPAL CODE."

ACTION:

ITEM NO. (34)                    INTRODUCTION OF ORDINANCE NO. 06-1358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REPEALING CARSON MUNICIPAL CODE SECTION 9201.7.3, AND ADOPTING IN ITS PLACE ARTICLE IX, CHAPTER 2, PART 9, CARSON MUNICIPAL CODE SECTIONS 9202.1 THROUGH 9209.6 CONCERNING MOBILHOME PARK CONVERSIONS (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 06-1358, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, REPEALING CARSON MUNICIPAL CODE SECTION 9201.7.3, AND ADOPTING IN ITS PLACE ARTICLE IX, CHAPTER 2, PART 9, CARSON MUNICIPAL CODE SECTIONS 9202.1 THROUGH 9209.6 CONCERNING MOBILHOME PARK CONVERSIONS."

ACTION:

ITEM NO. (35)                    REPEAL OF RESOLUTION NO. 06-056 FOR GENERAL PLAN AMENDMENT NO. 76-05, PASSED BY THE CITY COUNCIL OF MAY 15, 2006.  THE SUBJECT PROPERTY IS LOCATED AT 1281 E. UNIVERSITY DRIVE, CARSON (CITY ATTORNEY)

RECOMMENDATION for the City Council:

1.                  DISCUSS and PROVIDE direction

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 EXECUTIVE SESSION ITEMS (CLOSED SESSION)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

ADJOURNMENT

 

ADJOURNMENT