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

 

JANUARY 18, 2011

 

5:00 P.M.

 

AGENDA POSTED:  JANUARY 14, 2011

 “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)

 

Agenda posted - Approval of Executive Session Agenda (Closed Session)

CALL TO ORDER:

 

ROLL CALL:

 

CLOSED SESSION

 

Executive Session (Closed Session) - Ceremonial Presentation

CLOSED SESSION (Items 1-5) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  A closed session will be held, pursuant to Government Code  54956.9(a), to confer with legal counsel regarding pending litigation to which the city is a party.  The title of such litigation is as follows: Wilson vs. City of Carson, et al.; LASC Case No. BC-445722.

ACTION:

ITEM NO. (2)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  A closed session will be held, pursuant to Government Code  54956.9(a), to confer with legal counsel regarding pending litigation to which the city is a party.  The title of such litigation is as follows: Colony Cove Properties, LLC vs. City of Carson, et al., USDC Case No. CV-07065 & Ninth Circuit Case No. 09-57039.

ACTION:

ITEM NO. (3)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  A closed session will be held, pursuant to Government Code  54956.9(a), to confer with legal counsel regarding pending litigation to which the city is a party.  The title of such litigation is as follows:  Shadrow and Shadrow vs. the city of Carson et al.; LASC; Case No. TC023667.

ACTION:

ITEM NO. (4)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  A closed session will be held, pursuant to Government Code  54956.9(a), to confer with legal counsel regarding pending litigation to which the city is a party.  The title of such litigation is as follows:  Prado vs. City of Carson; WCAB Case No. AD-J1151580 (LBO Case No. 0390080).

ACTION:

Labor Negotiator

ITEM NO. (5)                        CONFERENCE WITH LABOR NEGOTIATOR:  ALL GROUPS (EXCEPT CITY MANAGER)  (CITY MANAGER)

 

RECOMMENDATION for the City Council:

 

1.        

 

ACTION:

 

REPORT ON CLOSED SESSION

REPORT ON CLOSED SESSION

 

 

Flag Salute - Approval of Minutes

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

FLAG SALUTE:

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:  SENIOR PASTOR MAR POLONIA, PROPHETIC ROAR INTERNATIONAL CHRISTIAN FELLOWSHIP

APPROVAL OF MINUTES:

THURSDAY, JULY 18, 2010   (SPECIAL)

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 (Item 6)

ITEM NO. (6)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

ORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC

 

ORAL COMMUNICATIONS – MEMBERS OF THE PUBLIC

This is the appropriate time for members of the general public to address the Council/Agency  on items not on the posted Agenda but are items of interest that are within the subject matter jurisdiction of the Council/Agency.  Any person wishing to speak at this time is requested to complete a Speaker Form, available on the podium or by the Public Agenda Binder in the Council Chamber.  ORAL COMMENTS WILL BE LIMITED TO THREE (3) MINUTES PER SPEAKER.  Under the provisions of the Brown Act, no action can be taken on these items, and there can be no dialogue or discussion of the items with the Council/Agency other than to place it on the Agenda for a future meeting if appropriate.  

 

 

 

 

NEW BUSINESS CONSENT (Items 7-16)   

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.

ITEM NO. (7)                        CONSIDERATION OF MONTHLY TREASURER'S REPORT  (CITY TREASURER) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 3

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (8)                        CONSIDERATION OF RESOLUTION NO. 11-010 TO SUPPORT THE CALIFORNIA AIR RESOURCES BOARD IN PROMOTING CLEAN AND ENERGY EFFICIENT MOTOR VEHICLES, ENERGY INDEPENDENCE, ZERO EMISSION TECHNOLOGIES AND IMPROVED QUALITY OF LIFE  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 11-010, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO SUPPORT THE CALIFORNIA AIR RESOURCES BOARD IN PROMOTING CLEAN AND ENERGY EFFICIENT MOTOR VEHICLES, ENERGY INDEPENDENCE, ZERO EMISSION TECHNOLOGIES AND IMPROVED QUALITY OF LIFE."

2.                  DIRECT staff to transmit an executed copy of the resolution to the American Lung Association and California Air Resources Board.

ACTION:

ITEM NO. (9)                        CONSIDERATION OF RESOLUTION NO. 11-001 - THE ADOPTION OF PROPOSITION 4 - APPROPRIATIONS LIMIT FOR FISCAL YEARS 2009/10 AND 2010/11  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ELECT to use the annual percentage change in population of the county of Los Angeles and the net change in total assessed valuation due to non-residential new construction within the city as the factors with which to calculate the city's annual appropriations limit for FY 2009/10.

2.                  ELECT to use the annual percentage change in population of the county of Los Angeles and the net change in California Per Capita Income as the factors with which to calculate the city's annual appropriations limit for FY 2010/11.

3.                  WAIVE further reading and ADOPT Resolution No. 11-001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DETERMINING THE TOTAL ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEARS 2009/10 AND 2010/11."

ACTION:

ITEM NO. (10)                    CONSIDERATION OF RESOLUTION NO. 11-004 DECLARING COUNCIL'S INTENTION TO GRANT A PUBLIC UTILITY PIPELINE FRANCHISE TO CRIMSON CALIFORNIA PIPELINE L. P.  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 11-004, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A PUBLIC UTILITY."

2.                  PIPELINE FRANCHISE TO CRIMSON CALIFORNIA PIPELINE L. P."

3.                  SET the matter for public hearing on March 1, 2011.

ACTION:

ITEM NO. (11)                    AWARD OF PURCHASE CONTRACT FOR ONE SIGN TRUCK WITH TELESCOPING ARTICULATING AERIAL DEVICE  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a purchase contract, in the amount of $99,853.84, to Altec Industries, Inc. for the purchase of one sign truck with telescoping articulating aerial devise.

2.                  AUTHORIZE the Acting Purchasing Manager to dispose of, through public auction, vehicle #743 which is being replaced.

ACTION:

ITEM NO. (12)                    CONSIDER APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR PROJECT NO. 1311 [FEDERAL NO. STPL-5403(019)]:  WILMINGTON AVENUE PAVEMENT RESTORATION FROM DEL AMO BOULEVARD TO VICTORIA STREET  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications, and estimates and order the work for Project No. 1311 [Federal No. STPL-5403(019)]:  Wilmington Avenue Pavement Restoration from Del Amo Boulevard to Victoria Street.

2.                  AUTHORIZE staff to advertise the work and call for construction bids for Project No. 1311 [Federal No. STPL-5403(019)]:  Wilmington Avenue Pavement Restoration from Del Amo Boulevard to Victoria Street.

ACTION:

ITEM NO. (13)                    STATUS REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS CURRENTLY UNDERWAY  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (14)                    CONSIDERATION OF RESOLUTION NO. 11-007 SUPPORTING THE EARLY ACTION PROGRAM OF TRANSPORTATION PROJECTS FUNDED THROUGH THE SOUTH BAY'S MEASURE R HIGHWAY PROGRAM  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 11-007, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING THE EARLY ACTION PROGRAM OF TRANSPORTATION PROJECTS FUNDED THROUGH THE SOUTH BAY'S MEASURE R HIGHWAY PROGRAM."

2.                  DIRECT staff to forward a copy of the adopted resolution to the South Bay Cities Council of Governments.

ACTION:

ITEM NO. (15)                    CONSIDERATION OF RESOLUTION NO. 11-009 FOR RECEIPT AND FILING OF THE ANNUAL REPORT OF THE CARSON REDEVELOPMENT AGENCY FOR FISCAL YEAR 2009/10  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 11-009, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO RECEIVE AND FILE THE ANNUAL REPORT OF THE CARSON REDEVELOPMENT AGENCY FOR FISCAL YEAR 2009/10."

ACTION:

ITEM NO. (16)                    THIS ITEM INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

DEMANDS

DEMANDS (Item 17)

ITEM NO. (17)                    RESOLUTION NO. 11-003 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,814,572.32, DEMAND CHECK NUMBERS 096424 THROUGH 096874

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 18-20)

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 Agency/Council are requested to select three speakers to represent your opinion.

ITEM NO. (18)                    PUBLIC HEARING TO CONSIDER RESOLUTION NO. 11-008, TO VACATE A 70-FOOT PUBLIC RIGHT-OF-WAY APPROXIMATELY 330 FEET EAST OF ARNOLD CENTER ROAD BETWEEN CARSON STREET AND NORTHERLY TO THE RAILROAD TRACKS  (DEVELOPMENT SERVICES)

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. 11-008, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO VACATE A 70 FOOT PUBLIC RIGHT-OF-WAY APPROXIMATELY 330 FEET EAST OF ARNOLD CENTER ROAD BETWEEN CARSON STREET AND NORTHERLY TO THE RAILROAD TRACKS, AS DESCRIBED HEREIN."

ACTION:

ITEM NO. (19)                    PUBLIC HEARING TO CONSIDER A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FY 2010/11 ANNUAL ACTION PLAN (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  OPEN the Public Hearing, TAKE public testimony, and CLOSE the Public Hearing.

2.                  AUTHORIZE the reallocation of funds within the FY 2010/11 Annual Action Plan budget as follows:

3.                  Revise the estimate of unexpended prior year funds from $525,000.00 to $253,853.00.

4.                  Decrease the allocation for Mobilehome Park Acquisition from $600,000.00 to $0.00.

5.                  Decrease the allocation for Removal of Architectural Barriers from $185,000.00 to $113,853.00.

6.                  Increase the allocation for the Commercial Loans and Grants Program from $100,000.00 to $500,000.00

7.                  APPROVE the submission of a Substantial Amendment to the FY 2010/11 Annual Action Plan to the U. S. Department of Housing and Urban Development

ACTION:

ITEM NO. (20)                    CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 792-10 FOR THE DEVELOPMENT OF A 150-SPACE RECREATIONAL VEHICLE STORAGE LOT LOCATED AT 2900 E. DEL AMO BOULEVARD  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  OPEN the Continued Public Hearing, TAKE public testimony, and CONTINUE the Public Hearing to the March 15, 2011 meeting.

ACTION:

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 21-23)

ITEM NO. (21)                    COMMISSION, COMMITTEE, AND BOARD APPOINTMENTS BY MAYOR DEAR (CITY CLERK)

RECOMMENDATION for the City Council:

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:

·        Planning Commission (9)

·        Parks and Recreation Commission (7)

·        Environmental Commission (7)

·        Cultural Arts Commission (7)

·        Human Relations Commission (7)

-  Human Relations Commission-Youth (2)

·        Citywide Advisory Commission (7)

·        Economic Development Commission (11)

·        Mobilehome Park Rental Review Board (15)

- At-Large Member (3)

- At-Large Member (Alternate) (4) – 1 vacancy – Triangle Page 10

- Park Owner Member (2)

- Park Owner Member (Alternate) (2)

- Resident Homeowner Member (2)

- Resident Homeowner Member (Alternate) (2)

·        Public Relations Commission (7)

-  Community Representative (3)

-  Public Relations Specialist (4)

·        Public Works Commission (5)

·        Public Safety Commission (7)

·        Relocation Appeals Board (5) – 1 vacancy – Triangle Page 12

·        Women’s Issues Commission (7)

·        Senior Citizens Advisory Commission (11)

·        Youth Commission (11)

·        Veterans Affairs Commission (11)

·        Beautification Committee (11)

·        Utility Users’ Tax Citizens Oversight Committee (24) – 1 vacancy – Triangle Page 19

·        Carson Historical Committee (9)

ACTION:

ITEM NO. (22)                    CONSIDER AWARDING AN EXCLUSIVE CATERING SERVICES AGREEMENT TO CHOURA EVENTS CATERING FOR A FIVE (5)-YEAR TERM COMMENCING ON FEBRUARY 15, 2011  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE a five (5)-year contract services agreement for exclusive catering services at the Congresswoman Juanita Millender-McDonald Community Center at Carson with Choura Events Catering, for a term commencing February 15, 2011 and concluding on February 15, 2016, and AUTHORIZE the Mayor to execute the same following approval as to form by the City Attorney.

ACTION:

ITEM NO. (23)                    CONSIDERATION FOR STREET SWEEPING SERVICES CONTRACT EXTENSION (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  CONTINUE to February 1, 2011, City Council meeting.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 24-29)

ITEM NO. (24)                    FEBRUARY MEETING SCHEDULE DUE TO CONDUCT OF THE SPECIAL PRIMARY ELECTION FOR STATE SENATE, 28TH DISTRICT (JENNY OROPEZA) TO BE HELD ON TUESDAY, FEBRUARY 15, 2011  (CITY CLERK) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 8

RECOMMENDATION for the City Council:

 

1.                  APPROVE the meeting schedule for the month of February, 2011, as follows:

 

Tuesday, February 1                 Regular meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda.

 

Tuesday, February 15               No meeting due to special primary election.

 

Wednesday, February 16         Adjourned Regular Meetings for the City Council and Redevelopment Agency at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda. 

ACTION:

ITEM NO. (25)                    CONSIDER ORDINANCE NO. 11-1465 AMENDING SECTION 2412 OF THE CARSON MUNICIPAL CODE RELATING TO THE MANNER OF ADDRESSING THE CITY COUNCIL  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 11-1465, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 2412 OF THE CARSON MUNICIPAL CODE RELATING TO THE MANNER OF ADDRESSING THE CITY COUNCIL."

ACTION:

ITEM NO. (26)                    MEETING DISPOSITION: CITY COUNCIL POLICY SUB-COMMITTEE  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (27)                    CONSIDERATION OF THE ESTABLISHMENT OF A CIVIC ENGAGEMENT ADVISORY BOARD (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (28)                    CONSIDER ADOPTION OF THE FY 2010/11 SPECIAL REVENUE FUNDS BUDGETS,  RESOLUTION NO. 11-006  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 11-006, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE FY 2010/11 SPECIAL REVENUE FUNDS BUDGETS AND APPROVING APPROPRIATIONS FOR THE 2010/11 FISCAL YEAR."

ACTION:

ITEM NO. (29)                    THIS ITEM INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

ORDINANCE SECOND READING

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS:

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS

A.        COUNCILMEMBER DAVIS-HOLMES REQUESTS CONSIDERATION OF THE BROWN ACT PROVISION ALLOWING ELECTED OFFICIALS PARTICIPATION AS A RESIDENT DURING A SUB-COMMITTEE

B.        COUNCILMEMBER RUIZ-RABER REQUESTS THE CITY COUNCIL'S CONSIDERATION OF THE DREAM ACT

 

UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

ADJOURNMENT

ADJOURNMENT