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

 

November 17, 2009

 

5:00 P.M.

 

AGENDA POSTED:  NOVEMBER 13, 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. 09-127 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-127, "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);

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. BS115305;

4.            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;

5.            COLONY COVE PROPERTIES, LLC V. CITY OF CARSON, CITY OF CARSON CITY COUNCIL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES CASE NO. BC392603;

6.            CARSON HARBOR VILLAGE, LTD. V. CITY OF CARSON ET AL, SUPERIOR COURT OF CA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT CASE NO. BS112239;

7.            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. 09-128 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 09-128, "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 TWO (2) CASES 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.           CERTIFICATE OF RECOGNITION TO BE PRESENTED TO KALIEF ROLLINS, WINNER OF THE 2009 OPPENHEIMER FUNDS/NFTE YOUTH ENTREPRENEURSHIP CHALLENGE

 

B.           CERTIFICATE OF RECOGNITION TO BE PRESENTED TO OMEGA CELEBRATING THEIR TAU TAU 16TH ANNUAL YOUTH LEADERSHIP CONFERENCE

 

C.           CERTIFICATE OF RECOGNITION TO BE PRESENTED TO RICKY LEWIS FOR HIS CONTRIBUTION TO THE TAU TAU 16TH ANNUAL YOUTH LEADERSHIP CONFERENCE

 

D.           CERTIFICATE OF RECOGNITION TO BE PRESENTED TO SHELL OIL COMPANY, VINTAGE CAPITAL GROUP, WASTE MANAGEMENT, AND WATSON LAND COMPANY FOR THEIR CONTRIBUTION TO THE MILLENNIUM FOUNDATION, INC. 6TH ANNUAL OPENING DOORS SCHOLARSHIP AWARDS CEREMONY AND BENEFIT DINNER HELD ON NOVEMBER 6, 2009

 

E.           CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE PLANNING COMMITTEE MEMBERS OF THE 2009 UNITY DAY CELEBRATION HELD ON SEPTEMBER 26, 2009

 

F.           PRESENTATION OF "100 BLACK MEN" PIN TO COUNCILMEMBER MIKE A. GIPSON, TO BE PRESENTED BY DONALD LANCASTER, PRESIDENT OF LOS ANGELES CHAPTER OF 100 BLACK MEN

 

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

FLAG SALUTE:      CRISTIAN FELIX, 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:  DAVID BUGGS, CENTRAL 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:

               

                                    NONE

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 BY WEST BASIN WATER DISTRICT:  WATER RELIABILITY 2020

ITEM NO. (6)               CONSORTIUM OF FILIPINO AMERICANS OF CARSON, CALIFORNIA & FRIENDS:  "TYPHOON UNDERWAY" VIDEO PRESENTATION

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 7-12)              

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 AWARD OF PURCHASE CONTRACT FOR FOUR TRUCKS, EACH WITH SUPER CAB, AND ONE SEDAN  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            AWARD a purchase contract for the purchase of three trucks with super cab to Bob Wondries Ford in the amount of $54,276.86.

2.            AWARD a purchase contract for the purchase of one four-door sedan to Raceway Ford in the amount of $19,274.29.

3.            AWARD a purchase contract for the purchase of one truck with super cab to Theodore Robbins Ford in the amount of $23,670.71.

ACTION:

ITEM NO. (8)               CONSIDERATION OF RESOLUTION NO. 09-120, FOR THE CITY OF CARSON TO TRANSFER AND CONVEY STORM DRAIN IMPROVEMENTS TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and ADOPT Resolution No. 09-120, "A RESOLUTION OF THE CITY COUNCIL OF THE  CITY OF CARSON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1679 IN THE CITY OF CARSON FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF."

2.            AUTHORIZE the City Clerk to execute a Quitclaim Easement form and send it to the Los Angeles County Registrar-Recorder's office for recordation.

ACTION:

ITEM NO. (9)               CONSIDER AN AWARD OF CONSTRUCTION CONTRACT FOR PROJECT NO. 1287:  TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF MAIN AND 225TH STREETS  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            AWARD a construction contract for Project No. 1287:  Traffic Signal Installation at the intersection of Main and 225th Streets in the amount of $138,987.00, to the lowest responsible bidder, Christopher R. Morales, Inc. AUTHORIZE the expenditure of construction contingencies, if necessary, in the amount of $13,899.00 (10%) for change orders such as substructure conflicts and other unforeseen construction work that may be required to complete this project.

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

ACTION:

ITEM NO. (10)            CONSIDER AUTHORIZATION OF ONE-HOUR TRUCK PARKING ZONES ON 230TH AND 233RD STREETS BETWEEN WILMINGTON AVENUE AND BANNING BOULEVARD  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            AUTHORIZE the provision of one-hour truck parking zones on both sides of 230th and 233rd Streets between Wilmington Avenue and Banning Boulevard, except at locations that would interfere with visibility, traffic operations, and/or safety at driveways or intersections.

2.            DIRECT the Development Services Work Group to post signs on these streets to designate the locations of the one-hour truck parking zones.

ACTION:

ITEM NO. (11)            CONSIDER A REPORT REGARDING SENATE BILL 1137 AND SENATE BILL X2 7 CALIFORNIA FORECLOSURE PREVENTION ACT  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.            RECEIVE and FILE this report.

ACTION:

ITEM NO. (12)            CONSIDERATION TO REDUCE THE CONDITIONAL USE PERMIT FEE FOR LEGAL NONCONFORMING SECOND DWELLING UNITS AND LEGAL NONCONFORMING VEHICLE SERVICE AND REPAIR FACILITIES  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.            SET a public hearing for December 1, 2009.

ACTION:

DEMANDS

DEMANDS (Items 13)

 

ITEM NO. (13)            RESOLUTION NO. 09-129 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,041,581.31, DEMAND CHECK NUMBERS 089097 THROUGH 089417

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items)

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.

 

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 14)

ITEM NO. (14)            CONSIDERATION OF REVISIONS TO STANDARD MANAGEMENT PRACTICE ("SMP") NOS. 1.45 AND 1.56  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and ADOPT revised Standard Management Practice No. 1.45; and

2.            WAIVE further reading and ADOPT revised Standard Management Practice No. 1.56.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 15-19)

ITEM NO. (15)            CONSIDERATION OF PROVIDING DIRECTION TO STAFF ON PREPARING A CITYWIDE PUBLIC ART ORDINACE AND ESTABLISHING A TEMPORARY PUBLIC ART PROGRAM ON REDEVELOPMENT AGENCY-OWNED PROPERTIES  (PUBLIC SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 5

RECOMMENDATION for the City Council:

1.            CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (16)            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, Committees, 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. (17)            CONSIDERATION OF ORDINANCE NO. 09-1438 REPEALING THE "FIVE MINUTE" RULE ADOPTED AS A PART OF THE PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (18)            CONSIDERATION OF ORDINANCE NO. 09-1439 AMENDING THE MUNICIPAL CODE TO CHANGE THE NAME OF THE FINE ARTS & HISTORICAL COMMISSION TO THE "FINE ARTS & PERFORMING ARTS COMMISSION" AND CONSIDERATION OF RESOLUTION NO. 09-130  ESTABLISHING A CARSON HISTORICAL COMMITTEE  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and INTRODUCE for first reading Ordinance No. 09-1439, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING MUNICIPAL CODE  2796.1, 2796.2, 2796.3, 2796.4, 2796.5, 2796.6, AND 2796.7;" and

2.            WAIVE further reading and ADOPT Resolution No. 09-130, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING A CARSON HISTORICAL COMMITTEE."

ACTION:

ITEM NO. (19)            CONSIDERATION OF ORDINANCE NO. 09-1437 AMENDING THE FIREWORKS PROVISIONS OF THE CARSON MUNICIPAL CODE  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and INTRODUCE Ordinance No. 09-1437, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTIONS 3101.05, AND 3101.6 OF ARTICLE III OF CHAPTER 1 OF THE CARSON MUNICIPAL CODE REGULATING AND LICENSING THE OPERATION OF FIREWORKS STANDS WITHIN THE CITY OF CARSON."

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (Items 20)

ITEM NO. (20)            ORDINANCE AMENDMENT NO. 09-1434 AMENDING SECTION 9141.1 AND SECTION 9146.7 OF THE CARSON MUNICIPAL CODE ESTABLISHNG A 405 FREEWAY CORRIDOR DISTRICT AND DEVELOPMENT AGREEMENT REQUIREMENT FOR NEW OUTDOOR ADVERTISING SIGNS

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