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

 

august 4, 2009

 

5:00 P.M.

 

AGENDA POSTED:  JULY 31, 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. 09-084 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-084, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING A CLOSED SESSION TO CONFER WITH LEGAL COUNSEL REGARDING SIX (6) MATTERS OF EXISTING LITIGATION:  COLONY COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON MOBILEHOME PARK RENTAL REVIEW BOARD ET AL, US DISTRICT COURT, CENTRAL DISTRICT OF CA CASE NO. CV08-07065 PA (JWJx); COLONY COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON CITY COUNCIL ET AL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BS115305; COLONY COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON CITY COUNCIL ET AL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BS114932; COLONY COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON CITY COUNCIL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BC392603; CARSON HARBOR VILLAGE, LTD. V. CITY OF CARSON ET AL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT CASE NO. BS112239; CARSON HARBOR VILLAGE, LTD. V. CITY OF CARSON, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BC381581."

ACTION:

ITEM NO. (2)               CONSIDERATION OF RESOLUTION NO. 09-087 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-087, "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:

 

Labor Negotiator

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

5:45 P.M. – 6:00 P.M.

 

CEREMONIAL PRESENTATIONS/PROCLAMATIONS

 

A.         PROCLAMATION RECOGNIZING THE NATIONAL KOREAN WAR VETERANS ARMISTICE DAY 2009 TO BE RECEIVED BY GENE KIM

 

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

 

FLAG SALUTE:      ANGELICA CARAMBAS, YOUTH COMMISSIONER

 

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:  DR. DARNELL HOLMES

 

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:

THURSDAY, JUNE 4, 2009   (SPECIAL)

MONDAY, JUNE 22, 2009     (SPECIAL JOINT)

TUESDAY, JUNE 30, 2009     (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 given to the City Clerk/Agency Secretary at the beginning of the meeting.

 

INTRODUCTIONS (Items 3-4)

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

ITEM NO. (4)               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 5-14)              

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. (5)               CONSIDERATION OF ALLOCATING FUNDS TO THE FIRST TIME HOME BUYER PROGRAM FOR FISCAL YEAR 2009/10 AND APPROVAL OF RESOLUTION NO. 09-086 FOR USE OF LOW AND MODERATE HOUSING FUNDS OUTSIDE OF THE CARSON REDEVELOPMENT PROJECT AREAS (ECONOMIC DEVELOPMENT) THIS IS A JOINT AGENDA ITEM

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            APPROVE the allocation of $1,500,000.00 for the First Time Home Buyer program for FY 2009/10.

2.            WAIVE further reading and ADOPT Resolution No. 09-086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE OF THE CARSON REDEVELOPMENT PROJECT AREAS BUT WITHIN THE CITY OF CARSON WILL BE OF BENEFIT TO THE REDEVELOPMENT PROJECTS AND ALL PROJECT AREAS."

ACTION:

ITEM NO. (6)               CONSIDER APPROVAL OF THE COUNTY-CITY SPECIAL INDEMNITY AGREEMENT  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            APPROVE the County-City Special Indemnity Agreement.

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

ACTION:

ITEM NO. (7)               MEETING DISPOSITION:  CITY COUNCIL COMMERCIAL AND PUBLIC SIGNAGE SUB-COMMITTEE  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            APPROVE the City Council Commercial and Public Signage Sub-Committee's recommendation not to change the name of Moneta Avenue to Jose Rizal Avenue.

ACTION:

ITEM NO. (8)               CONSIDERATION OF AIR PRODUCTS & CHEMICALS, INC.'S REQUEST FOR A PIPELINE FRANCHISE AMENDMENT  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-083, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DELINEATING CERTAIN LOCATIONS FOR THE INSTALLATION AND OPERATION OF PIPELINES OR OTHER FACILITIES IN CONNECTION WITH A NONPUBLIC UTILITY PIPELINE FRANCHISE GRANTED TO AIR PRODUCTS & CHEMICALS, INCORPORATED."

ACTION:

ITEM NO. (9)               CONSIDERATION OF PARAMOUNT PETROLEUM CORPORATION'S REQUEST FOR A PIPELINE FRANCHISE AMENDMENT  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-082, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DELINEATING CERTAIN LOCATIONS FOR THE INSTALLATION AND OPERATION OF PIPELINES OR OTHER FACILITIES IN CONNECTION WITH A NONPUBLIC UTILITY PIPELINE FRANCHISE GRANTED TO PARAMOUNT PETROLEUM COPORATION."

ACTION:

ITEM NO. (10)            UPDATE ON THE STATUS OF THE APPLICATION TO THE STATE OF CALIFORNIA FOR FUNDING UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP)  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            AUTHORIZE the City Manager to proceed with the development of the Neighborhood Stabilization Program Guidelines, and to request California Department of Housing and Community Development approval for implementation.

2.            APPROVE the selection of the Scottsdale Townhome Community as the initial Target Area for the implementation of the Neighborhood Stabilization Program.

ACTION:

ITEM NO. (11)            CONSIDER AUTHORIZATION FOR PARKS AND RECREATION COMMISSION CHAIRPERSON TO ATTEND THE NATIONAL RECREATION AND PARK ASSOCIATION ANNUAL CONGRESS AND EXPOSITION  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.            AUTHORIZE the Chairperson of the Parks and Recreation Commission to attend the upcoming National Recreation and Park Association Annual Congress and Exposition.

ACTION:

ITEM NO. (12)            CONSIDER APPROVING A LICENSE AGREEMENT WITH VERIZON WIRELESS TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATIONS TOWER DISGUISED AS A FLAG POLE IN ANDERSON PARK  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.            AUTHORIZE the Mayor to execute the license agreement with Verizon Wireless to construct and operate a wireless telecommunications tower disguised as a flag pole in Anderson Park, following approval as to form by the City Attorney.

ACTION:

ITEM NO. (13)            CONSIDER ACCEPTING THE FAMILY SUPPORT PROGRAM GRANT FROM THE SOUTH BAY CENTER FOR COUNSELING (SBCC)  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            ACCEPT the $32,000.00 grant from the South Bay Center for Counseling.

2.            AUTHORIZE the Mayor to execute the Family Support Program contract following approval as to form by the City Attorney.

ACTION:

ITEM NO. (14)            CONSIDER ACCEPTING THE PREVENTION INITIATIVE DEMONSTRATION PROJECT GRANT FROM THE SOUTH BAY CENTER FOR COUNSELING (SBCC)  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            ACCEPT the $25,000.00 grant from the South Bay Center for Counseling.

2.            AUTHORIZE the Mayor to execute the Prevention Initiative Demonstration Project Family contract following approval as to form by the City Attorney.

ACTION:

 

 

 

DEMANDS

DEMANDS (Item 15)    

ITEM NO. (15)            RESOLUTION NO. 09-085 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,954,486.32, DEMAND CHECK NUMBERS 086945 THROUGH 087190

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Item 16)

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. (16)            PUBLIC HEARING TO CONSIDER RECOMMENDED CHANGES TO THE UNIFORM COMPREHENSIVE SCHEDULE OF FEES, RESOLUTION NO. 09-056  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            OPEN the Public Hearing and CONTINUE the Public Hearing to September 1, 2009.

ACTION:

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Item 17)

ITEM NO. (17)            CONSIDERATION OF EXEMPTION FROM UTILITY USERS' TAX FOR CHURCHES  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            DO NOT establish an exemption for churches and/or other non-profit organizations.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 18-21)

ITEM NO. (18)            CONSIDERATION OF REVISIONS TO THE CASH RECEIPTS STANDARD MANAGEMENT PROCEDURE  (CITY TREASURER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            APPROVE revised Cash Receipt Standard Management Procedure 3.4

2.            APPROPRIATE $24,000.00 from the FY 2009/10 unreserved, undesignated general fund budget balance to cover the cost of courier services.

ACTION:

ITEM NO. (19)            CONSIDER REVISION OF STANDARD MANAGEMENT PROCEDURE NO. 2.5 REGARDING DISPLAYING THE FLAGS OF THE UNITED STATES, THE STATE OF CALIFORNIA, AND THE CITY OF CARSON  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (20)            EXTENSION OF CONTRACT FOR MOBILEHOME PARK ADVOCACY  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            APPROVE a two (2) month extension (from August 20, 2009 to October 20, 2009) pursuant to Section 5 of that certain "Agreement Between the city of Carson and Governmental Impact, Inc., a California corporation, for State Governmental Advocacy Services," dated October 16, 2008, for legislative advocacy regarding mobilehome park conversions, upon the same terms and conditions as the original agreement.

2.            APPROPRIATE $15,000.00 from the unreserved, undesignated general fund balance to cover the cost of the two (2) month extension.

ACTION:

ITEM NO. (21)            CONSIDERATION OF PAYMENT OF STIPENDS TO BOARDS, COMMISSIONS & COMMITTEES  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            CONSIDER and PROVIDE direction.

ACTION:

ORDINANCE SECOND READING

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON CLOSED SESSION

 

ADJOURNMENT