CITY OF CARSON

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

 

may 5, 2009

 

5:00 P.M.

 

AGENDA POSTED:  APRIL 30, 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)                        CONSIDERATION OF RESOLUTION NO. 09-051 - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-051, "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 TWO (2) CASES."

ACTION:

Labor Negotiator

ITEM NO. (2)                        LABOR NEGOTIATIONS: ALL GROUPS / CITY MANAGER / ELECTED OFFICIALS

City Negotiators:

City Manager, Administrative Services General Manager and Assistant City Attorney

Employee Organizations:

Unclassified, AME, Supervisors Association, Professional Association, AFSCME Local 809, ACE, and Elected Officials

 

RECOMMENDATION for the City Council:

 

1.         INSTRUCT labor negotiators.

 

ACTION:

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

A.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE NEW MEMBERS OF THE DELTA SIGMA THETA SORORITY, INC.

 

B.                 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE VOLUNTEERS FROM THE LATINO/HISPANIC SUBCOMMITTEE FOR THE CITY OF CARSON CINCO DE MAYO, UNITY DAY AND CÉSAR CHÁVEZ EVENTS

 

C.                 PROCLAMATION RECOGNIZING MAY 3 - MAY 9, 2009 AS "MUNICIPAL CLERKS WEEK" TO BE RECEIVED BY HELEN KAWAGOE, CITY CLERK, CITY OF CARSON AND STAFF

 

D.                PROCLAMATION RECOGNIZING MAY 2009 AS "ASIAN PACIFIC AMERICAN HERITAGE MONTH" TO BE RECEIVED BY NELLIE LUA, TRUSTEE AND LIFETIME MEMBER OF THE POLYNESIAN SOCIETY OF LOS ANGELES, AND CAROL ALMEDA, COMMUNITY ORGANIZER, AADAP (ASIAN AMERICAN DRUG ABUSE PROGRAM)

 

E.                 PROCLAMATION RECOGNIZING MAY 2009 AS "MOTORCYCLE AWARENESS MONTH" TO BE RECEIVED BY JOHNNY O'KANE AND ABATE (AMERICAN BROTHERHOOD AIMED TOWARD EDUCATION) MEMBERS

 

F.                  PROCLAMATION RECOGNIZING MAY 17 - MAY 23, 2009 AS "NATIONAL PUBLIC WORKS WEEK" TO BE RECEIVED BY ULI FE'ESAGO, SUPERINTENDENT, PUBLIC WORKS MAINTENANCE, AND DENNY BACON, PROGRAM ADMINISTRATOR, PUBLIC WORKS MAINTENANCE

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

FLAG SALUTE:        MICHAEL GROVE, ADMINISTRATIVE INTERN FOR THE CITY MANAGER’S OFFICE

 

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 STEPHEN A. MAYS, SR., CALVARY CHAPEL OF SOUTH BAY

 

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:

TUESDAY, MARCH 17, 2009         (REGULAR)

WEDNESDAY, MARCH 18, 2009   (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 (Items 3-6)

ITEM NO. (3)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

ITEM NO. (4)                        EMPLOYEE INTRODUCTIONS

ITEM NO. (5)                        PRESENTATION FROM TRUC DEVER, DIRECTOR OF COMMUNITY AFFAIRS/GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT REGARDING LOCAL WEST NILE VIRUS ACTIVITY

ITEM NO. (6)                        PRESENTATION FROM A REPRESENTATIVE OF THE LOS ANGELES COUNTY HEALTH DEPARTMENT REGARDING THE SWINE FLU OUTBREAK NOW AT PANDEMIC LEVEL 5

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 7-18)   

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. (7)                        CONSIDER RESOLUTION NO. 09-052 CREATING A UTILITY USERS' TAX (UUT) CITIZENS OVERSIGHT COMMITTEE (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 09-052, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CREATING A UTILITY USERS' TAX (UUT) CITIZENS OVERSIGHT COMMITTEE."

ACTION:

ITEM NO. (8)                        CONSIDER OPPOSITION TO ASSEMBLY BILL 155 (MENDOZA) - LOCAL GOVERNMENT:  BANKRUPTCY PROCEEDINGS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  DIRECT staff to transmit a letter of opposition regarding Assembly Bill 155 to Assembly Members Mendoza, Torrico, Brownley, Coto, De Leon, Fuentes, Furutani, Ma, Nava, John A. Perez, V. Manuel Perez and Yamada; and Senators Wiggins and Oropeza.

ACTION:

ITEM NO. (9)                        CONSIDER PLACING AN ITEM ON THE MAY 20, 2009 AGENDA REGARDING THE HOMEOWNERS AND BANK PROTECTION ACT OF 2007 (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  SET for discussion an item regarding the Homeowners and Bank Protection Act of 2007 for the May 20, 2009 City Council Agenda.

ACTION:

ITEM NO. (10)                    CONSIDERATION OF STANDARD MANAGEMENT PROCEDURE (SMP) NO. 1.62 - INFORMATION TECHNOLOGY BUSINESS CONTINGENCY PLAN (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE Standard Management Procedure (SMP) No. 1.62 - Information Technology Business Contingency Plan.

ACTION:

ITEM NO. (11)                    CONSIDER INITIATING MANAGEMENT AUDITS OF CERTAIN CITY OPERATIONS BY OUTSIDE CONSULTING FIRMS (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  INSTRUCT staff to seek proposals for management audits.

2.                  INSTRUCT staff forward a recommendation and cost analysis for audit services to the City Council within 90 days.

ACTION:

ITEM NO. (12)                    CONSIDERATION OF REFUND OF BUSINESS LICENSE PERMIT FEES PAID BY CERTAIN LOCAL BUSINESSES (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a partial refund, in the amount of $1,875.00, to Sonia's Hair Salon.

2.                  APPROVE a partial refund, in the amount of $1,250.00, to Healtee-U Alternative Healthcare Center.

ACTION:

ITEM NO. (13)                    CONSIDER ACCEPTING A $3,500.00 DONATION FROM SEE'S CANDIES, INC. (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT the $3,500.00 donation from See's Candies, Inc.

2.                  INCREASE the revenue projections in the General Fund by $3,500.00.

3.                  DESIGNATE the $3,500.00 to offset the costs of the Youth Conference scheduled for May 23, 2009.

ACTION:

ITEM NO. (14)                    CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT 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.                  AWARD a construction contract for Project No. 995:  Del Amo Park Improvements Phase II and Project No. 1254:  Del Amo Park Improvements Phase III in the amount of $685,000.00, to the lowest responsible bidder, W.E. Construction Inc.

2.                  AUTHORIZE construction contingencies in the amount of $102,750.00 (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.                  APPROPRIATE $500,000.00 from the Park Development Fee fund balance to augment the amount currently budgeted for Project No. 995:  Del Amo Park Improvements Phase II.

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

ACTION:

ITEM NO. (15)                    STATUS REPORT ON THE CARSON CIRCUIT - FIRST QUARTER (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (16)                    CONSIDER APPROVAL TO CONDUCT A REQUEST FOR PROPOSALS (RFP) FOR PARKING ENFORCEMENT SERVICES (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  INSTRUCT staff to release a Request For Proposals (RFP) for parking enforcement services.

ACTION:

ITEM NO. (17)                    CONSIDER DISCONTINUING CROSSING GUARD SERVICE AT THE INTERSECTION OF CARSON AND MARTIN STREETS (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  DISCONTINUE the crossing guard assignment at the intersection of Carson Street and Martin Street.

ACTION:

ITEM NO. (18)                    CONSIDER AUTHORIZING THE PARKS AND RECREATION COMMISSION TO MEET MONTHLY IN THE EXECUTIVE CONFERENCE ROOM AND QUARTERLY IN THE COUNCIL CHAMBERS (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE the Parks and Recreation Commission to hold its monthly regular meetings in the Executive Conference Room in City Hall, and its quarterly awards meetings in the City Council Chambers.

ACTION:

 

DEMANDS

DEMANDS (Item 19)   

ITEM NO. (19)                    RESOLUTION NO. 09-053 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,905,931.27, DEMAND CHECK NUMBERS 085279 THROUGH 085437

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (None)

 

UNFINISHED BUSINESS (None)

 

NEW BUSINESS DISCUSSION (Items 20-22)   

ITEM NO. (20)                    COMMISSION, COMMITTEE, AND BOARD APPOINTMENTS BY MAYOR DEAR (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  Mayor Dear to CONSIDER, APPOINT, or REAPPOINT members to the Commissions and Boards in accordance with Ordinance No. 04-1330, with the approval of a majority of the entire City Council present, including the Mayor, as listed on Exhibit No. 1, respectively:

ACTION:

ITEM NO. (21)                    CONSIDERATION OF A PUBLIC EDUCATION CAMPAIGN TO EDUCATE RESIDENTS ABOUT THEIR LEGAL RIGHTS UNDER THE CALIFORNIA PUBLIC RECORDS ACT (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (22)                    CONSIDERATION OF OVERSIZED VEHICLES AND MOTOR HOMES PARKING ON CITY STREETS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (Items 23-24)

ITEM NO. (23)                    ORDINANCE NO. 09-1424, AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, GRANTING A SPUR TRACK FRANCHISE TO UNION PACIFIC RAILROAD COMPANY (SANTA FE AVENUE AND DOMINGUEZ STREET)

ITEM NO. (24)                    ORDINANCE NO. 09-1425, AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, GRANTING A SPUR TRACK FRANCHISE TO UNION PACIFIC RAILROAD COMPANY (REEVES AVENUE)

ORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON CLOSED SESSION

 

ADJOURNMENT