CITY OF CARSON
REGULAR MEETING OF THE CITY
COUNCIL
CITY HALL COUNCIL CHAMBERS
701 EAST CARSON STREET
CARSON, CA 90745
THE
CARSON
AS
October 20, 2009
AGENDA POSTED: OCTOBER 16, 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. 09-118 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-118, "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. 09-119 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-119, "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.
PARKS
AND RECREATION COMMISSION
Flag Salute - Approval of Minutes
CITY COUNCIL
REGULAR BUSINESS MEETING
FLAG SALUTE: JESSICA
GREEN, FORMER 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:
TUVAI
FAATAL, 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,
SEPTEMBER 1, 2009 (REGULAR)
TUESDAY,
SEPTEMBER 15, 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
INTRODUCTIONS
(Items 3-5)
ITEM NO. (3)
INTRODUCTIONS
OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES
ITEM NO. (4)
EMPLOYEE
INTRODUCTIONS
ITEM NO. (5)
UPDATE
ON HOME DEPOT CENTER
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 6-15)
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
as complete Project No. 1273: Traffic
Signal Installation at the Intersection of Del Amo Boulevard and Tillman
Avenue.
2.
AUTHORIZE
staff to file a Notice of Completion.
ACTION:
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-103, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
SPECIFIED CITY RECORDS."
ACTION:
ITEM NO. (8)
CONSIDERATION
OF GLORY CHRISTIAN FELLOWSHIP INTERNATIONAL'S REQUEST FOR CARNIVAL PERMIT
(ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
APPROVE
Glory Christian Fellowship International's request for a carnival permit to be
issued to Zebra Entertainment and Events for Saturday, October 31st from 11:00
a.m. to 4:00 p.m., contingent upon approvals being received from all inspecting
agencies.
ACTION:
RECOMMENDATION
for the City Council:
1.
DIRECT
staff to further investigate the effects of increased truck weight and size
beyond current limitations, or the capacity of the city's road and bridge
system, and report back to the City Council.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
WAIVE
further reading and ADOPT Resolution No. 09-105, "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 L
003-2009."
2.
WAIVE
further reading and ADOPT Resolution No. 09-106, "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 L 003-2009 TO COUNTY LIGHTING MAINTENANCE
DISTRICT 1697."
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
WAIVE
the Request for Proposals process as defined in the Carson Municipal Code 2607.
2.
AUTHORIZE
city staff to "piggy-back" off the National City's bid to install
diesel particulate filter devices.
3.
AWARD
a purchase contract with Ironman Parts and Services, in the amount of
$59,501.58, to install the Best Available Control Technology (BACT) retrofit
devices on four vehicles so that the city will be in compliance with state
regulation
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the Second Amendment to the Professional Services Agreement with KEC Engineers,
Inc. to reflect an increase in the scope of work for a negotiated fee
not-to-exceed $11,000.00.
2.
AUTHORIZE
the Mayor to execute the Second Amendment to the Professional Services
Agreement following approval as to form by the City Attorney.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AUTHORIZE
Proactive Foreclosure Prevention Mailing to Notice of Default (NOD) residents.
2.
AUTHORIZE
staff to evaluate foreclosure prevention initiatives for the City Council's
consideration at the December 1, 2009 meeting.
3.
RECEIVE
and FILE this report
ACTION:
ITEM NO. (14)
CONSIDERATION
OF A FINANCIAL REPORT REGARDING THE MARIACHI FIESTA (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE this report.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
a one-year Consultant Retainer Agreement with Lead Tech Environmental in an
amount not to exceed $178,590.00 for lead-based paint and asbestos inspection
and project coordination services.
2.
AUTHORIZE
the Mayor to execute the agreement following approval as to form by the City
Attorney.
ACTION:
DEMANDS
DEMANDS
(Item 16)
ITEM NO. (16)
RESOLUTION
NO. 09-117 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,018,254.06, DEMAND
CHECK NUMBERS 088533 THROUGH 088830
ACTION:
SPECIAL ORDERS OF THE DAY
SPECIAL ORDERS OF THE DAY (Item 17)
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.
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
OPEN
the continued Public Hearing, TAKE public testimony, and CLOSE the Public
Hearing.
2.
APPROVE
Tentative Parcel Map No. 067049, subject to the Conditions of Approval
contained in Exhibit "B" of the attached Resolution.
3.
4.
WAIVE
further reading and ADOPT Resolution No. 09- 108, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
NO. 067049 FOR A MOBILEHOME RESIDENT OWNERSHIP CONVERSION OF COLONY COVE, AN
EXISTING MOBILEHOME PARK CONTAINING 404 UNITS WITH AN ADDITIONAL 21 POTENTIAL
UNITS PERMITTED UNDER A PREVIOUSLY APPROVED PERMIT (MODIFICATION TO SPECIAL USE
PERMIT NO. 106-74) LOCATED AT 17700 AVALON BOULEVARD."
ACTION:
UNFINISHED BUSINESS
UNFINISHED BUSINESS
UNFINISHED
BUSINESS (Items 18-22)
RECOMMENDATION
for the City Council:
1.
CONSIDER
the draft language of amended SMP No. 1.45 and ADOPT the same if consistent
with the Council's action of October 6, 2009.
ACTION:
RECOMMENDATION
for the City Council:
1.
APPROVE
payment by the sponsors for three tables to be paid directly to the Millennium
Momentum Foundation.
ACTION:
ITEM NO. (20)
UPDATE
ON THE ENVIRONMENTAL INVESTIGATION OF THE CAROUSEL TRACT (FORMER KAST PROPERTY
SITE) (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE direction.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
WAIVE
further reading and INTRODUCE Ordinance No. 09-1433, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING ARTICLE V OF CHAPTER 10 OF THE CARSON
MUNICIPAL CODE TO ESTABLISH MANDATORY WATER CONSERVATION AND SUSTAINABILITY
MEASURES;" and
2.
WAIVE
further reading and ADOPT Resolution No. 09-106, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING VOLUNTARY WATER
CONSERVATION AND SUSTAINABILITY MEASURES AND RECOMMENDATIONS."
ACTION:
RECOMMENDATION
for the City Council:
CHOOSE
one of the following actions:
1.
APPROVE
the Fine Arts and Historical Commission's recommendation of continuing the
current complimentary ticket policy for city-sponsored Fine Arts, Senior
Recreation and boxing special events.
or
2.
APPROVE
the Senior Citizen Advisory Commission's and staff's recommendation to use the
new complimentary ticket policy for city-sponsored Fine Arts, Senior Recreation
and boxing special events.
ACTION:
NEW BUSINESS DISCUSSION
NEW
BUSINESS DISCUSSION (Item 23)
ITEM NO. (23)
ESTIMATED
COST TO IMPLEMENT A YEAR-ROUND AQUATIC PROGRAM AT HEMINGWAY AQUATIC CENTER
(PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
DISCUSS
and PROVIDE direction to staff
ACTION:
ORDINANCE SECOND READING
ORAL
COMMUNICATIONS I STAFF
ORAL COMMUNICATIONS II (COUNCIL/AGENCY)
ORAL
COMMUNICATIONS II (COUNCIL/AGENCY)
INISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)
UNFINISHED/CONTINUED
CLOSED SESSION ITEMS
EPORT ON EXECUTIVE SESSION (CLOSED SESSION)
REPORT
ON CLOSED SESSION
ADJOURNMENT