CITY OF
ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL
CITY HALL COUNCIL CHAMBERS
701 EAST CARSON STREET
CARSON, CA 90745
THE
CARSON
AS
November
4, 2009
5:00 P.M.
AGENDA POSTED: OCTOBER 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 1-3) 5:00 P.M. –
5:45 P.M.
Legal Counsel
ITEM NO. (1)
CONSIDERATION
OF RESOLUTION NO. 09-123 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-123, "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:
2.
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;
3.
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;
4.
COLONY
COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON CITY COUNCIL, SUPERIOR
COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BC392603;
5.
CARSON
HARBOR VILLAGE, LTD. V. CITY OF CARSON ET AL, SUPERIOR COURT OF CA, COUNTY OF
LOS ANGELES, CENTRAL DISTRICT CASE NO. BS112239;
6.
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. 09-125 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
WAIVE
further reading and ADOPT Resolution No. 09-125, 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. (3)
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION (GOVERNMENT CODE SECTION 54957) (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
HOLD
the closed session.
ACTION:
Labor Negotiator
REPORT ON EXECUTIVE SESSION (CLOSED
SESSION)
REPORT ON CLOSED
SESSION
5:45
P.M. – 6:00 P.M.
CEREMONIAL PRESENTATIONS/PROCLAMATIONS
D.
PRESENTATION
TO THE MAYOR AND CITY COUNCIL FROM THE
SAMOA TSUNAMI RELIEF COMMITTEE
Flag Salute - Approval of Minutes
CITY COUNCIL
ADJOURNED 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: CALVIN
CARSON, ROCK OF FAITH MISSIONARY BAPTIST 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:
TUESDAY,
OCTOBER 6, 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 4-8)
ITEM NO. (4)
INTRODUCTIONS
OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES
ITEM NO. (5)
EMPLOYEE
INTRODUCTIONS
ITEM NO. (6)
PRESENTATION
BY WEST BASIN WATER DISTRICT: WATER
RELIABILITY 2020
ITEM NO. (7)
PRESENTATION
BY SOUTHERN CALIFORNIA GAS COMPANY (SEMPRA)-DENNIS LORD
ITEM NO. (8)
COMPLETE
COUNT COMMITTEE, 2010 UNITED STATES CENSUS
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 9-15)
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.
WAIVE
further reading and ADOPT Resolution No. 09-124, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
COOPERATION AGREEMENT WITH THE CITY OF CARSON AND THE CARSON REDEVELOPMENT
AGENCY; AND PROVISION FOR SUBMISSION OF APPLICATIONS TO THE DEPARTMENT OF
TRANSPORTATION AND THE FEDERAL TRANSIT ADMINISTRATION."
2.
AUTHORIZE
the Mayor to execute the cooperation agreement with the Carson Redevelopment
Agency following approval as to form by the City Attorney.
ACTION:
ITEM NO. (10)
CONSIDER
APPROVAL OF THE FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT WITH HYGIENE
TECHNOLOGIES (CITY MANAGER)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the First Amendment to the Contract Services Agreement with Hygiene
Technologies to provide indoor air quality testing services through June 30,
2010, and to increase the contract amount by $36,500.00 to cover the costs of
this extended contract.
2.
AUTHORIZE
the Mayor to execute the First Amendment to this contract following drafting
and approval as to form by the City Attorney.
ACTION:
RECOMMENDATION
for the City Council:
1.
APPROVE
the increase in the amount of the city's contract agreement with Carl Warren
and Company for FY 2008/09 by $12,550.09 for a new not-to-exceed contract amount
of $72,550.09.
ACTION:
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
hosting the California Contract Cities Association Board of Directors meeting
on November 18, 2009, in the Carson-Dominguez Ball Room of the Congresswoman
Juanita Millender-McDonald Community Center.
2.
APPROPRIATE
$2,809.81 from the unreserved, undesignated general fund balance to cover the
costs for dinner of all city elected officials, city managers and one political
action committee member.
ACTION:
ITEM NO. (13)
CONSIDERATION
OF CONSULTANT TO CONDUCT A CITYWIDE EFFICIENCY STUDY (CITY MANAGER)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
APPROVE
the agreement with Management Partners Incorporated to conduct a Citywide
Efficiency Study.
2.
APPROPRIATE
$32,475.00 from the unreserved, undesignated general fund balance to cover the
first phase costs of the preliminary study.
3.
AUTHORIZE
the Mayor to execute the agreement following approval as to form by the City
Attorney.
4.
DIRECT
staff to include the balance of $82,475.00 in the proposed FY 2010/11 general
fund budget for the second phase costs.
ACTION:
ITEM NO. (14)
REPORT
ON UTILITY USERS' TAX RECEIPTS FOR THE FIRST QUARTER OF FY 2009/10
(ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE.
ACTION:
ITEM NO. (15)
CONSIDER
AUTHORIZATION TO APPLY FOR PLAYGROUND EQUIPMENT FUNDING (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AUTHORIZE
staff to apply for KaBOOM funds.
2.
APPROPRIATE
$17,500.00 from the city's unreserved, undesignated general fund balance to be
used for the installation of Pour and Play rubber flooring at the playground,
and the city's contribution, as required by KaBOOM.
ACTION:
DEMANDS
DEMANDS (Items 16)
ITEM NO. (16)
RESOLUTION
NO. 09-122 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,876,496.27, DEMAND
CHECK NUMBERS 088831 THROUGH 089096
ACTION:
SPECIAL ORDERS OF THE DAY
SPECIAL
ORDERS OF THE DAY (Item 17-18)
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
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 ADOPT Resolution No. 09-121, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING AND APPROVING THE
PROGRAM INCOME REUSE PLAN FOR THE STATE OF CALIFORNIA NEIGHBORHOOD
STABILIZATION PROGRAM AND ANY AMENDMENTS THERETO."
3.
APPROVE
the Neighborhood Stabilization Program (NSP) Program Guidelines and the NSP
Rehabilitation Standards.
4.
AUTHORIZE
the Mayor to execute the NSP Standard Agreement #09-NSP1-6107 between the city
of Carson and the California Department of Housing and Community Development.
ACTION:
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. 09-1434, "AN ORDINANCE OF THE
CITY OF CARSON, CALIFORNIA, AMENDING SECTION 9141.1 AND SECTION 9146.7 OF THE
CARSON MUNICIPAL CODE ESTABLISHING A 405 FREEWAY CORRIDOR DISTRICT AND
DEVELOPMENT AGREEMENT REQUIREMENT FOR NEW OUTDOOR ADVERTISNG SIGNS."
ACTION:
UNFINISHED BUSINESS
UNFINISHED BUSINESS
UNFINISHED
BUSINESS (Items 19-21)
ITEM NO. (19)
CITY
FEES FOR SOLAR PANEL INSTALLATIONS (ADMINISTRATIVE SERVICES)
RECOMMENDATION
for the City Council:
1.
RECEIVE
and FILE.
ACTION:
ITEM NO. (20)
CONSIDERATION
OF PARKING RESTRICTIONS FOR OVERSIZED VEHICLES/MOTOR HOMES ON CITY STREETS
(DEVELOPMENT SERVICES)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
AUTHORIZE
staff to prepare an ordinance to amend the Carson Municipal Code by adding a
new section that would prohibit the parking of oversized vehicles and/or motor
homes on city streets at al times prohibit the parking of oversized vehicles /
motor homes on city of Carson streets at all times, except by permit allowing
for limited-time parking by residents and guests.
2.
DIRECT
staff to implement a grace period for enforcement of the new parking
restrictions whereby warnings would be issued in lieu of citations for a period
of four mo the after the adoption of the ordinance.
ACTION:
ITEM NO. (21)
UPDATE
ON ENVIRONMENTAL INVESTIGATION OF THE CAROUSEL TRACT (FORMER KAST PROPERTY
SITE) (ECONOMIC DEVELOPMENT)
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE direction.
ACTION:
NEW BUSINESS DISCUSSION
NEW
BUSINESS DISCUSSION (Items 22-27)
ITEM NO. (22)
ENVIRONMENTAL
COMMISSION APPOINTMENT BY MAYOR DEAR
(CITY CLERK)
RECOMMENDATION
for the City Council:
1.
Mayor
Dear to CONSIDER and APPOINT one member to the Environmental Commission 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.
ACTION:
ITEM NO. (23)
CONSIDER
DESIGNATING THE USE OF CABLE CHANNEL 35 (CITY MANAGER)
RECOMMENDATION
for the City Council:
TAKE
the following actions:
1.
DESIGNATE
the use of the channel 35 from one of the four following options:
2.
DIRECT
staff to draft appropriate policies and guidelines addressing the option selected.
3.
APPROPRIATE
$37,373.37 from the PEG fees to purchase new equipment needed to assume
responsibilities for developing and providing programming aired over channel
35.
ACTION:
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE direction.
ACTION:
ITEM NO. (25)
CONSIDERATION
TO REPROGRAM CONTROL OF THE MUTE FEATURE IN THE COUNCIL CHAMBERS (CITY MANAGER)
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE direction.
ACTION:
ITEM NO. (26)
CONSIDERATION
OF A FINANCIAL REPORT REGARDING THE MARIACHI FIESTA (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
PROVIDE
direction to staff on this financial report.
ACTION:
ITEM NO. (27)
CONSIDER
REORGANIZATION OF THE FINE ARTS AND HISTORICAL COMMISSION (PUBLIC SERVICES)
RECOMMENDATION
for the City Council:
1.
CONSIDER
and PROVIDE direction to staff.
ACTION:
ORDINANCE SECOND READING
ORDINANCE
SECOND READING: (Items 28)
ORAL COMMUNICATIONS - MEMBERS OF
THE PUBLIC
ORAL COMMUNICATIONS I (STAFF)
ORAL COMMUNICATIONS II (COUNCIL/AGENCY)
UNFINISHED/CONTINUED
CLOSED SESSION ITEMS
REPORT
ON CLOSED SESSION