CITY OF CARSON
REGULAR MEETING
OF THE
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
september 15,
2009
5:00 P.M.
AGENDA POSTED: SEPTEMBER 11, 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 (Item 1) 5:00 P.M. – 5:45 P.M.
Legal Counsel
ITEM NO. (1)
CONSIDERATION
OF RESOLUTION NO. 09-102 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-102, "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:
Labor Negotiator
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
CERTIFICATE OF APPOINTMENTS:
A.
MOBILEHOME
PARK RENTAL REVIEW BOARD
MARIA HORTON
B.
PARKS
AND RECREATION COMMISSION
CLETE REED
C.
PUBLIC
SAFETY COMMISSION
GEORGE MALONEY
D.
CERTIFICATE OF
RECOGNITION TO BE PRESENTED TO THE VIVIAN MCCLURE THEATRE PRODUCTIONS FOR THE
PLAY "DISNEY'S ALADDIN JR." TO BE RECEIVED BY THE CAST AND CREW
E.
CERTIFICATE OF
RECOGNITION TO BE PRESENTED TO THE FABELA CHAVEZ BOXING ASSOCIATION'S COACHES
AND BOXERS
F.
PROCLAMATION
RECOGNIZING "NATIONAL HISPANIC HERITAGE MONTH" TO BE RECEIVED BY
CANDY SAENZ, SOUTH BAY LATINO CHAMBER OF COMMERCE
G.
PROCLAMATION
RECOGNIZING THE 8TH ANNIVERSARY OF THE TRAGEDIES OF SEPTEMBER 11,
2001 TO BE PRESENTED TO CAPTAIN BERNICE ABRAM, LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT, CARSON SHERIFF'S STATION AND ASSISTANT FIRE CHIEF BARRY A. NUGENT,
LOS ANGELES COUNTY FIRE DEPARTMENT
Flag Salute - Approval of Minutes
REGULAR BUSINESS MEETING
6:00 P.M.
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 TUVAI FAATAI, 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,
JULY 21, 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
INTRODUCTIONS
(Items 2-3)
ITEM NO. (2)
INTRODUCTION OF
LOS ANGELES COUNTY SHERIFF'S DEPUTIES
ITEM NO. (3)
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 4-16)
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.
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
ACCEPT
the American Recovery and Reinvestment Act of 2009 Federal Economic Stimulus
fund of $2,936,000.00.
2.
AWARD
a construction contract for Project No. 1006 [Federal No. ESPL-5403(014)]: Broadway Improvements from Griffith Street to
Alondra Boulevard in the amount of $1,896,686.12, to the lowest responsible
bidder, Imperial Paving Company, Inc.
3.
AUTHORIZE
the expenditure of a construction contingency, if necessary, in the amount of
$189,668.00 (10%) 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.
4.
AUTHORIZE
the Mayor to execute the construction contract following approval as to form by
the City Attorney.
5.
AUTHORIZE
a material testing service agreement in the amount of $18,956.00 by Hushmand
Associates, Inc.
ACTION:
ITEM NO. (5)
CONSIDER
AWARD OF A PURCHASE CONTRACT FOR A MODULE SERVER (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
AWARD
a purchase contract for the purchase of the module server to MSN Communications
in the amount of $33,033.65.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-077, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA)."
ACTION:
ITEM NO. (7)
CONSIDERATION
OF NORTH AMERICAN AMUSEMENT'S, INC.'S REQUEST FOR CARNIVAL PERMIT (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
APPROVE
North American Amusements, Inc.'s application for a carnival permit for Friday,
October 30th, 2009 from 3:00 p.m. to 9:00 p.m., Saturday, October 31st from
12:00 noon to 10:00 p.m. and Sunday, November 1st from 2:00 p.m. to 9:00 p.m.,
contingent upon approvals being received from all inspecting agencies.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09 092, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM
SUPPLEMENT AGREEMENT NO. N011 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT
NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF
PROJECT NO. 1006 [FEDERAL NO. ESPL 5403(014)]:
BROADWAY IMPROVEMENTS FROM GRIFFITH STREET TO ALONDRA BOULEVARD."
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-099, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO INSTALL STOP SIGNS AT FOUR
INTERSECTIONS ADJACENT TO LEAPWOOD ELEMENTARY SCHOOL."
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09 098, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR THE COST SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES WITH THE
CITY OF CARSON."
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AWARD
a construction contract for Project No.
1237: Median Irrigation Upgrade,
Central Avenue from Del Amo Boulevard to Turmont Street in the not-to-exceed
amount of $158,699.60, to the lowest responsible bidder, Talcal Engineering,
Inc.
2.
AUTHORIZE
the expenditure of a construction contingency, if necessary, in the amount of
$23,804.94 (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
the Project Labor Agreement service fees for monitoring and compliance of
construction in the amount of $5,625.00 by The Employee Consulting Group, a
management-labor relations consultant.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the Neighborhood Stabilization Program 2 Consortium Agreement.
2.
AUTHORIZE
the Mayor to execute the Consortium Agreement, and any subsequent amendments
thereto, with LANHS for the purposes of participating as a local jurisdiction
under the Neighborhood Stabilization Program 2.
ACTION:
ITEM NO. (13)
CONSIDERATION
OF AGREEMENTS FOR YOUTH AND ADULT WORKFORCE DEVELOPMENT (ECONOMIC DEVELOPMENT)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the agreement with the city of Hawthorne.
2.
AUTHORIZE
the Mayor to execute the agreement after approval as to form by the City
Attorney.
ACTION:
ITEM NO. (14)
APPOINTMENT
TO A BUSINESS SEAT OF THE WORKFORCE INVESTMENT BOARD (ECONOMIC DEVELOPMENT)
RECOMMENDATION
for the City Council:
1.
APPOINT
the new member as recommended by the Economic Development Commission.
ACTION:
ITEM NO. (15)
ALERT
LA COUNTY: THE LOS ANGELES COUNTY
EMERGENCY MASS NOTIFICATION SYSTEM
(PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
WAIVE
further reading and ADOPT Resolution No. 09-100, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, NOTIFYING THE LOS ANGELES COUNTY
BOARD OF SUPERVISORS OF THE CITY'S INTENT TO RETAIN THE SERVICES OF THE LOS
ANGELES COUNTY SHERIFF'S DEPARTMENT."
2.
APPROVE
renewing the Los Angeles County Sheriff's Department contract for the period,
September 1, 2009 through June 30, 2014.
3.
AUTHORIZE
the Mayor the execute the law enforcement services agreement with the Los
Angeles County Sheriff's Department following approval as to form by the City
Attorney.
ACTION:
DEMANDS
DEMANDS
(Item 17)
ITEM NO. (17)
RESOLUTION
NO. 09-101 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $914,197.82, DEMAND
CHECK NUMBERS 087800 THROUGH 088149
ACTION:
SPECIAL ORDERS OF THE DAY
UNFINISHED
BUSINESS (Item 18)
ITEM NO. (18)
CONSIDERATION
OF EXEMPTION FROM UTILITY USERS' TAX FOR CHURCHES AND OTHER NON-PROFIT ORGANIZATIONS
(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
ITEM NO. (19)
NEW
BUSINESS DISCUSSION (Items 19-21)
RECOMMENDATION
for the City Council:
1.
APPROVE
the November Meeting Schedule as follows:
ACTION:
ITEM NO. (20)
CONSIDERATION
OF CITY COUNCIL SUB-COMMITTEES (CITY
CLERK)
RECOMMENDATION
for the City Council:
Mayor
Dear to TAKE the following actions:
1.
REAFFIRM,
RE-DESIGNATE and/or DESIGNATE member assignments to the City Council
Sub-committees listed on Exhibit No. 1, respectively.
2.
CONSIDER
the status of any City Council Sub-committee.
3.
CONSIDER
and CREATE any new City Council Sub-committee or RE-ACTIVATE any previous City Council
Sub-committee as listed on Exhibit No. 2.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 09-1435, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING PROVISIONS OF THE CARSON MUNICIPAL CODE
RELATING TO TRANSIENT OCCUPANCY TAX."
ACTION:
ORDINANCE SECOND READING
ORDINANCE
SECOND READING: (Items 22-23)
ORAL COMMUNICATIONS - MEMBERS OF
THE PUBLIC
ORAL
COMMUNICATIONS I (STAFF)
ORAL
COMMUNICATIONS II (COUNCIL/AGENCY)
UNFINISHED/CONTINUED CLOSED SESSION
ITEMS
REPORT ON CLOSED SESSION