CITY OF CARSON

adjourned 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

 

MARCH 18, 2009

 

5:00 P.M.

 

AGENDA POSTED:  MARCH 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 (Items 1-2) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        RESOLUTION NO. 09-033 - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER WITH LEGAL COUNSEL REGARDING WHETHER TO INITIATE LITIGATION IN ONE (1) CASE PURSUANT TO GOVERNMENT CODE 54956.9(c)."

ACTION:

ITEM NO. (2)                        RESOLUTION NO. 09-037  CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-037, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER WITH LEGAL COUNSEL REGARDING FACTS AND CIRCUMSTANCES THAT COULD GIVE RISE TO A SIGNIFICANT EXPOSURE TO LITIGATION IN ONE (1) CASE."

ACTION:

Labor Negotiator

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

A.        SPECIAL PRESENTATION TO BE AWARDED TO CAPTAIN TODD ROGERS IN RECOGNITION OF HIS RECENT PROMOTION TO COMMANDER, FIELD OPERATIONS REGION II, LOS ANGELES COUNTY SHERIFF’S DEPARTMENT

 

B.                 CERTIFICATE OF RECOGNITION TO THE WINNERS OF THE 2009 BLACK HISTORY MONTH ART/POSTER CONTEST TO BE RECEIVED BY ATUMILARA "AJI" AKINGBA, ANNALEE AVENUE SCHOOL, JACINTA PAUA'AULI, DOLORES ELEMENTARY SCHOOL, AND MICHAEL ANDRES PASCUAL, DEL AMO ELEMENTARY SCHOOL

 

C.                 PROCLAMATION RECOGNIZING MARCH AS WOMEN'S HISTORY MONTH TO BE RECEIVED BY SYBIL BROWN, REPRESENTING THE DELTA SIGMA THETA SORORITY, INC.

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

FLAG SALUTE:        BARAQ ROSS, DOLORES ELEMENTARY SCHOOL

 

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: REVEREND ATHOS MONTECLARO, SOUTH BAY CHRISTIAN ALLIANCE 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:

WEDNESDAY, FEBRUARY 18, 2009   (ADJOURNED REGULAR)

TUESDAY, MARCH 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 (Item 3)

ITEM NO. (3)                        CAROL ROWEN, CEO, INTERNATIONAL TRADE EDUCATION PROGRAMS, INC.

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 4-11)   

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. (4)                        REPORT TO THE CITY COUNCIL REGARDING THE SENIOR CITIZENS' TECHNOLOGY CENTER (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (5)                        CONSIDER SUPPORT FOR EARTH HOUR 2009 BY ENCOURAGING LOCAL RESIDENTS AND BUSINESSES TO TURN OFF ALL NON-ESSENTIAL LIGHTS FROM 8:30 P.M. TO 9:30 P.M. ON SATURDAY, MARCH 28TH (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (6)                        CONSIDERATION OF RESOLUTION NO. 09-035, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING AMENDING THE SCOPE OF WORK AND BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 8 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 09-035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION NO. 09-036 AMENDING THE SCOPE OF WORK AND BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 8, AND SETTING A TIME AND A PLACE FOR A PUBLIC HEARING HEREIN."

2.                  SET a Public Hearing for April 7, 2009 at 6:00 p.m.

ACTION:

ITEM NO. (7)                        CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT FOR PROJECT NO. 1301:  ANNUAL SLURRY SEAL PROGRAM, CITYWIDE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a construction contract for Project No. 1301:  Annual Slurry Seal Program, Citywide in the amount of $300,394.72, to the lowest responsible bidder, American Asphalt South, Inc.

2.                  AUTHORIZE construction contingencies in the amount of $45,060.00 (15%) for change orders such as the removal and remediation of contaminated soil, substructure conflicts, and other unforeseen construction work that may be required to complete this project.

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

4.                  AUTHORIZE a material testing service agreement in the amount of $5,160.00 by Associated Soils Engineering, Inc. Consulting Geotechnical Engineers.

5.                  AUTHORIZE the Project Labor Agreement service fees for monitoring and compliance of construction in the amount of $2,800.00 (1%) by The Employee Consulting Group, a management-labor relations consultant.

ACTION:

ITEM NO. (8)                        CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT FOR PROJECT NO. 1269:  DEL AMO PARK IMPROVEMENTS PHASE IV AND PROJECT NO. 1296:  DEL AMO PARK IMPROVEMENTS PHASE V (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a construction contract for Project No. 1269:  Del Amo Park Improvements Phase IV and Project No. 1296: Del Amo Park Improvements Phase V in the amount of $156,325.00, to the lowest responsible bidder, Green Giant Landscape, Inc.

2.                  AUTHORIZE construction contingencies in the amount of $23,450.00 (15%) for change orders such as the removal and remediation of contaminated soil, substructure conflicts, and other unforeseen construction work that may be required to complete this project.

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

ACTION:

ITEM NO. (9)                        CONSIDER APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PROJECT NO. 995:  DEL AMO PARK IMPROVEMENTS PHASE II AND PROJECT NO. 1254:  DEL AMO PARK IMPROVEMENTS PHASE III (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications, and estimates and order the work for Project No. 995:  Del Amo Park Improvements Phase II and Project No. 1254: Del Amo Park Improvements Phase III.

2.                  AUTHORIZE staff to advertise the work and call for bids for Project No. 995:  Del Amo Park Improvements Phase II and Project No. 1254:  Del Amo Park Improvements Phase III.

ACTION:

ITEM NO. (10)                    CONSIDERATION TO ACCEPT AS COMPLETE FOR PROJECT NO. 1266:  STEVENSON PARK GYMNASIUM AIR CONDITIONING (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT as complete Project No. 1266:  Stevenson Park Gymnasium Air Conditioning.

2.                  AUTHORIZE staff to file a Notice of Completion.

ACTION:

ITEM NO. (11)                    CONSIDER A LIMITED STREET CLOSURE FOR THE 2009 CONGRESSWOMAN JUANITA MILLENDER-MCDONALD MEMORIAL 5K AIDS WALK - SATURDAY, APRIL 25, 2009 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE a limited street closure of portions of University Drive, Central Avenue, Victoria Street, and Wilmington Avenue in the vicinity of California State University, Dominguez Hills, on Saturday, April 25, 2009, subject to the provision of Sheriff's Department escorts and posting of the required $1,000,000.00 general liability insurance certificate.

ACTION:

 

DEMANDS

DEMANDS (Item 12)    

ITEM NO. (12)                    RESOLUTION NO. 09-034 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $761,407.89, DEMAND CHECK NUMBERS 084227 THROUGH 084521

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 13-15)

ITEM NO. (13)                    PUBLIC HEARING TO CONSIDER RESOLUTION NO. 09-026, AMENDING THE SCOPE OF WORK AND BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 9 (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-026, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE SCOPE OF WORK AND BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 9."

ACTION:

ITEM NO. (14)                    PUBLIC HEARING TO CONSIDER THE INTRODUCTION OF 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 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 SECTIONS 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. (15)                    CONTINUED PUBLIC HEARING FOR THE CONSIDERATION OF 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 9138.18, 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 (None)

NEW BUSINESS DISCUSSION

NEW BUSINESS DISCUSSION (Item 16)   

ITEM NO. (16)                    CONSIDER A POLICY REGARDING THE COUNCIL SEATING ARRANGEMENT ON THE DAIS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER 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.

ORDINANCE SECOND READING: (None)

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON CLOSED SESSION

 

ADJOURNMENT