CITY OF CARSON

REGULAR MEETING

OF THE CITY COUNCIL

 

CITY HALL COUNCIL CHAMBERS

701 EAST CARSON STREET

CARSON, CA 90745

 

THE REDEVELOPMENT AGENCY/ CARSON CITY COUNCIL REGULAR

MEETINGS ARE BROADCAST LIVE VIA TIME WARNER CABLE CHANNEL 35

AS WELL AS VIA THE INTERNET AT:  HTTP://CI.CARSON.CA.US

 

FEBRUARY 17, 2009

 

5:00 P.M.

 

 

AGENDA POSTED:  FEBRUARY 12, 2009

“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 (None) 5:00 P.M. – 5:45 P.M.

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

A.                 PLAQUE TO BE RECEIVED BY VINCENT MIRAMONTES FOR HIS ESSAY ON "WHY AMERICA'S VETERANS SHOULD BE HONORED"

 

B.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE CAL STATE DOMINGUEZ HILLS MEN'S SOCCER TEAM AND COACHING STAFF TO BE RECEIVED BY PAT GUILLAN, DIRECTOR OF ATHLETICS AND JOE FLANAGAN, HEAD COACH

 

C.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE APOLLO WEST CARSON PLAYER'S FOR  THE PLAY "A CHRISTMAS HAPPENING 2008" TO BE RECEIVED BY THE CAST AND CREW

 

D.                PROCLAMATION RECOGNIZING FEBRUARY 2009 AS "BLACK HISTORY MONTH" TO BE RECEIVED BY REV. ERIC LEE, EXECUTIVE DIRECTOR, SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE OF GREATER LOS ANGELES

 

E.                 PROCLAMATION RECOGNIZING FEBRUARY 15-21, 2009 AS "ENGINEER'S WEEK" TO BE RECEIVED BY FARROKH ABOLFATHI, PRINCIPAL ENGINEER AND MASSOUD GHIAM, SENIOR ASSISTANT ENGINEER

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

FLAG SALUTE:        VINCENT MIRAMONTES

 

INVOCATION:         On May 16, 2006, the City Council unanimously approved the offering of a brief invocation at the commencement of all meetings of the City Council or Redevelopment Agency.  In doing so, the City Council is cognizant of its legal obligation to assure that such invocations are “legislative prayers,” and that they do not purport to advance any particular religion or religious denomination.

 

Consistent with the so-called “Burbank” prayer decision, the City Council hereby admonishes those who offer invocations to do so consistent with the current state of the law – meaning that an invocation must not be used to identify, advance, or urge a particular religious denomination, or identify a specific religion’s deity.  This evening we are pleased that our invocation will be offered by:  PASTOR DR. JOHNNY V. BAYLOR, JUDSON BAPTIST CHURCH

 

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 them 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:

MONDAY, JANUARY 26, 2009               (SPECIAL)

TUESDAY, FEBRUARY 3, 2009              (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 (Items 1-2)

ITEM NO. (1)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

ITEM NO. (2)                        EMPLOYEE INTRODUCTIONS

NEW BUSINESS CONSENT

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.

 

NEW BUSINESS CONSENT (Items 3-4)     

These items are considered to be routine items of Council/Agency business and have, therefore, been placed on the CONSENT CALENDAR.  If Council/Agency 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)                        CONSIDERATION OF RESOLUTION NO. 09-019, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 1697 AND COUNTY LIGHTING DISTRICT LLA-1, CARSON ZONE, CITY OF CARSON PETITION 62-608; AND RESOLUTION NO. 09-020, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 62-608 TO COUNTY LIGHTING MAINTENANCE DISTRICT 1697 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 09-019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 1697 AND COUNTY LIGHTING DISTRICT LLA-1, CARSON ZONE, CITY OF CARSON PETITION 62 608."

2.                  WAIVE further reading and ADOPT Resolution No. 09-020, "A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 8 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 8); THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA; AND THE BOARD OF DIRECTORS OF THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION 62-608 TO COUNTY LIGHTING MAINTENANCE DISTRICT 1697."

ACTION:

ITEM NO. (4)                        CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH WESTGROUP DESIGNS,  INC. TO  PREPARE PLANS, SPECIFICATIONS AND ESTIMATES FOR PROJECT NO. 1111:  TRANSIT CENTER AT SOUTHBAY PAVILION (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a Professional Services Agreement with Westgroup Designs, Inc. to provide architectural, civil, structural, mechanical, plumbing and electrical plans, specifications, estimates, construction bid documents and construction administration for Project No. 1111, for a negotiated fee not-to-exceed $199,447.00.

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

3.                  AUTHORIZE staff to administratively amend the Professional Services Agreement with Westgroup Designs, Inc., if necessary, for the expenditure of up to an additional $25,000.00 to cover the cost of services for any unforeseen tasks.

ACTION:

DEMANDS

DEMANDS (Item 5)   

ITEM NO. (5)                        RESOLUTION NO. 09-021 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $706,973.51, DEMAND CHECK NUMBERS 083654 THROUGH 083896

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 6-9)

ITEM NO. (6)                        PUBLIC HEARING TO CONSIDER RESOLUTION NO. 09-012 TO APPROVE CONDITIONAL USE PERMIT NO. 703-08 TO CONSTRUCT A MIXED-USE BUSINESS PARK WITH 265,000 SQUARE FEET OF LIGHT INDUSTRIAL, OFFICE & RETAIL SPACE IN THE ML-ORL (MANUFACTURING LIGHT, ORGANIC REFUSE LANDFILL) ZONE & WITHIN REDEVELOPMENT PROJECT AREA 1.  THE SUBJECT PROPERTY IS LOCATED AT 20630 FIGUEROA STREET (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  OPEN the Public Hearing, TAKE public testimony, CLOSE the Public Hearing.

2.                  APPROVE Conditional Use Permit No. 703-08 subject to the conditions of approval attached as Exhibit "B" to the Resolution.

3.                  WAIVE further reading and ADOPT Resolution No. 09-012, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 703-08 TO AUTHORIZE CONSTRUCTION OF A MIXED-USE BUSINESS PARK WITH 265,000 SQUARE FEET OF LIGHT INDUSTRIAL, OFFICE AND RETAIL SPACE ON PROPERTY LOCATED AT 20630 FIGUEROA STREET."

ACTION:

ITEM NO. (7)                        PUBLIC HEARING TO CONSIDER INTRODUCING ORDINANCE NO. 09-1421 REGARDING TENT EVENTS AND TEMPORARY BUSINESS SIGNS FOR PROPERTIES IN THE CR-MUR-D ZONING DISTRICT (ECONOMIC DEVELOPMENT)

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. 09-1421 (Exhibit No. 2), "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 9138.8 REGARDING TENT EVENTS, AND SECTION 9136.7(C) REGARDING TEMPORARY BUSINESS SIGNS OF THE CARSON MUNICIPAL CODE."

ACTION:

ITEM NO. (8)                        PUBLIC HEARING TO CONSIDER INTRODUCING ORDINANCE NO. 09-1420, AMENDING THE CARSON MUNICIPAL CODE TO PERMIT EXISTING CHURCHES, TEMPLES OR OTHER PLACES OF WORSHIP WITHIN THE MU-CS (MIXED-USE CARSON STREET) ZONE DISTRICT, WITH AN APPROVED DESIGN OVERLAY REVIEW APPLICATION (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  OPEN the Public Hearing, TAKE the public testimony, CLOSE the Public Hearing.

2.                  WAIVE further reading and INTRODUCE Ordinance No. 09-1420, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 9131.1, 9138.17(C)(1), AND 9182.25 OF THE CARSON  MUNICIPAL CODE TO ALLOW EXISTING CHURCHES, TEMPLES OR OTHER PLACES OF WORSHIP WITHIN THE MU-CS ZONE TO CONTINUE TO OPERATE WITH AN APPROVED SITE PLAN AND DESIGN REVIEW."

ACTION:

ITEM NO. (9)                        PUBLIC HEARING TO CONSIDER INTRODUCING ORDINANCE NO. 09-1417 TO REQUIRE CONDITIONAL USE PERMITS FOR ALCOHOL AND BEVERAGE CONTROL LICENSES AND ESTABLISH SECURITY CAMERA REQUIREMENTS FOR BUSINESSES WITH LIQUOR LICENSES AND HOTELS/MOTELS WITHIN THE CITY OF CARSON (ECONOMIC DEVELOPMENT)

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. 09-1417, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, TO AMEND THE CARSON MUNICIPAL CODE, ARTICLE IX (PLANNING AND ZONING), SECTION 9131.1, SECTION 9138.17, SECTION 9141.1, SECTION 9138.5, SECTION 9182.21, SECTION 9182.22 AND ADDING SECTION 9138.19 IN REGARDS TO CONDITIONAL USE PERMIT REQUIREMENTS FOR ALCOHOL AND BEVERAGE CONTROL LICENSES AND SECURITY CAMERA REQUIREMENTS FOR HOTELS/MOTELS AND BUSINESSES WITH LIQUOR LICENSES."

ACTION:

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Item 10)

ITEM NO. (10)                    INSTALLATION OF "NO LEFT TURN" COURTESY SIGN AT 241 EAST ALBERTONI STREET AT ARCO DRIVEWAY (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 11-16)   

ITEM NO. (11)                    CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH TCM GROUP, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT NO. 919:  WILMINGTON AVENUE INTERCHANGE MODIFICATION AT THE I-405 FREEWAY (DEVELOPMENT SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. X

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a Professional Services Agreement with TCM Group, Inc. to provide Construction Management Services for Project No. 919:  Wilmington Avenue Interchange Modification at the I-405 freeway; for a negotiated fee not-to-exceed $2,994,788.00, pending Caltrans' pre-award audit.

2.                  AUTHORIZE the Mayor to execute the Professional Services Agreement, after Caltrans' pre-award audit, and following approval as to form by the City Attorney.

ACTION:

ITEM NO. (12)                    CONSIDERATION OF RESOLUTION NO. 09-013 MAKING CERTAIN PUBLIC BENEFIT AND NECESSITY FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33445 RELATED TO THE BOULEVARDS DEVELOPMENT (ECONOMIC DEVELOPMENT) THIS IS A COMPANION AGENDA ITEM WITH AGENCY ITEM NO. X

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-013, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN PUBLIC BENEFIT AND NECESSITY FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33445 RELATED TO THE BOULEVARDS DEVELOPMENT."

ACTION:

ITEM NO. (13)                    CONSIDERATION OF RESOLUTION NO. 09-022, ADOPTING A POLICY THAT THE CITY COUNCIL SHALL PROHIBIT THE ADOPTION OF A GENERAL FUND BUDGET THAT USES UNDESIGNATED GENERAL FUND RESERVES TO BALANCE SUCH BUDGET (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (14)                    CONSIDERATION OF REDUCING MAYORAL & COUNCILMANIC SALARIES (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (15)                    CONSIDERATION OF RESOLUTION NO. 09-024, URGING AMERICAN HOME MORTGAGE TO AFFORD THE TORRES FAMILY A FORECLOSURE ACCOMODATION AND FACILITATE THE REPURCHASE OF THE SINGLE FAMILY RESIDENCE LOCATED AT 22603 ANCHOR AVENUE, CARSON, CALIFORNIA BY THE TORRES FAMILYCONSIDER REQUESTING WELLS FARGO HOME MORTGAGE TO RECONSIDER FORECLOSURE OF THE TORRES PROPERTY (CITY MANAGER)

RECOMMENDATION for the City Council:

ACTION:

ITEM NO. (16)                    RECONSIDERATION OF CITY COUNCIL'S FUNDING DECISION(S) REGARDING THE POSSIBLE CANCELLATION OF  REMAINING FY 2008/09 SPECIAL AND MINI EVENTS WITH RESPECT TO PHILLIP INES INDEPENDENCE DAY CELEBRATION (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ORDINANCE SECOND READING

 

WORKSHOP (ITEM 17)

 

ITEM NO. (17)          CONTINUATION OF DISCUSSION REGARDING ADJUSTMENTS TO THE FY 2008/09 ADOPTED GENERAL FUND BUDGET (ADMINISTRATIVE SERVICES)

 

1.                  CONTINUE this item to Wednesday, February 18, 2009.

 

            ACTION:

 

ORDINANCE SECOND READING: (None)

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON CLOSED SESSION

 

ADJOURNMENT:  To Wednesday February 18, 2009, Council Chambers, 6:00 P.M.