CITY
OF
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
April 5, 2011
AGENDA POSTED: April 1, 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:
ecutive Session (Closed Session) -
Ceremonial Presentation
CLOSED SESSION (Items 1-6) 5:00 P.M. – 5:45
P.M.
Legal Counsel
ITEM NO. (1)
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
RECOMMENDATION for the City Council:
1. A closed session will be held, pursuant to Government Code 54956.9(b) (1) & 3 (A), because there is a significant exposure to litigation in one case.
ACTION:
ITEM NO. (2) CONFERENCE WITH LEGAL C OUNSEL - ANTICIPATED ITIGATION
RECOMMENDATION for the City Council:
1. A closed session will be held, pursuant to Government Code 54956.9(b) (1) & 3 (A), because there is a significant exposure to litigation in one case.
ACTION:
ITEM NO. (3) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
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; Case Number 09-5703
ACTION:
ITEM NO. (4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
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; Case Number D.C. No. 2:08-cv-07065-PA-JWJ OPINION.
ACTION:
Labor Negotiator
ITEM NO. (5)
CONFERENCE
WITH LABOR NEGOTIATO
RECOMMENDATION for the City Council:
1. A closed session will be held, in pursuant to Government Code 54957.6, with the City Manager and Administrative Services General Manager, regarding labor negotiations with AFCME (Part Time)."
ACTION:
ITEM NO. (6)
PUBLIC
EMPLOYEE APPOINTMENT
RECOMMENDATION for the City Council:
1.
A closed session will be held,
pursuant to Government Code § 54957, to consider filling the position of City
Manager.
ACTION:
REPORT ON CLOSED SESSION
REPORT ON CLOSED
SESSION
Flag Salute - Approval of Minutes
CITY COUNCIL
REGULAR BUSINESS MEETING
FLAG SALUTE: JACQUELINE THOMPSON, THE YOUTH FAMILY,
SCHOOL AND COMMUNITY PARTNERSHIP
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 “
APPROVAL OF MINUTES:
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 (None)
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 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
NEW
BUSINESS CONSENT (Items 7-18)
These items are considered to
be routine items of COUNCIL business and have, therefore, been placed on the
CONSENT CALENDAR. If COUNCIL 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:
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 11-028 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING RESOLUTION NO. 10-077 TO INCORPORATE CERTAIN CHANGES TO THE RETIREMENT, POST-RETIREMENT, AND HOLIDAY LEAVE BENEFITS OF THE UNCLASSIFIED MANAGEMENT EMPLOYEES."
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. ACCEPT the donations received in February 2011 in the amount of $5,400.00.
2. APPROVE an increase in the FY 2010/11 General Fund revenue budget by $5,400.00.
3. APPROPRIATE the $5,400.00 to the FY 2010/11 expenditure budget in the account numbers listed in Exhibit No. 1.
ACTION:
ITEM NO. (10) REPORT ON EXPENDITURE OF GENERAL FUND RESERVES DURING THE FISCAL YEARS 2000/01 THROUGH 2009/10 (ADMINISTRATIVE SERVICES)
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 11-044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF SPECIFIED CITY RECORDS."
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 11-047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A NONPUBLIC UTILITY PIPELINE FRANCHISE TO CARDINAL PIPELINE, L.P."
2. SET the matter for public hearing on May 3, 2011.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 11-049, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A NONPUBLIC UTILITY PIPELINE FRANCHISE TO E & B NATURAL RESOURCES MANAGEMENT CORPORATION."
2. SET the matter for public hearing on May 3, 2011.
ACTION:
ITEM NO. (14) STATUS REPORT ON THE FILLING OF VACANT POSITIONS (ADMINISTRATIVE SERVICES)
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
ITEM NO. (15) STATUS REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS CURRENTLY UNDERWAY (DEVELOPMENT 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. 11-017, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, IN SUPPORT OF A RESOLUTION ADOPTED BY THE LEAGUE OF CALIFORNIA CITIES, LOS ANGELES DIVISION, SUPPORTING THE REASONABLE, PRACTICABLE, AND ECONOMICALLY ACHIEVABLE STORMWATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT AND TOTAL MAXIMUM DAILY LOAD REQUIREMENTS, THROUGH THE USE OF PROGRESSIVE AND ADAPTIVE BEST MANAGEMENT PRACTICES."
2. DIRECT staff to forward a copy of the adopted resolution to appropriate county, state, and federal elected officials and to appropriate state and federal regulatory agencies.
ACTION:
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. AUTHORIZE amending the funding for a construction contract for a commercial façade improvement project located at 930 and 940 E. Dominguez Street and 20930 Bonita Street in the amount not to exceed $57,500.00.
2. AUTHORIZE the Mayor to execute an amendment to the Façade Improvement Program Agreement between the city and the property owner following the funding approval and approved as to form by the City Attorney.
ACTION:
DEMANDS
DEMANDS (Item 19)
ITEM NO. (19)
RESOLUTION
NO. 11-052 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $756,591.35, DEMAND CHECK
NUMBERS 097770 THROUGH 098050
SPECIAL ORDERS OF THE DAY
SPECIAL ORDERS OF THE DAY (Item 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.
UNFINISHED BUSINESS
RECOMMENDATION for the City Council:
TAKE the following actions:
1. OPEN
the Public Hearing, TAKE testimony, and CLOSE the Public Hearing;
2.
WAIVE
further reading and INTRODUCE Ordinance No. 11-1469, “AN ORDINANCE OF THE CITY
OF CARSON, CALIFORNIA AMENDING CARSON MARKETPLACE SPECIFIC PLAN NO. 10-05 AND
ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT
OF UP TO 1,550 RESIDENTIAL UNITS AND 1,995,125 SQUARE FEET OF COMMERCIAL USES
FOR THE BOULEVARDS AT SOUTH BAY PROJECT
ON A 168-ACRE SITE.”
ACTION:
UNFINISHED BUSINESS (Item 21)
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 11-042, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION 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."
ACTION:
NEW BUSINESS DISCUSSION
NEW BUSINESS DISCUSSION (Items 22-28)
THIS IS A JOINT
AGENDA ITEM WITH AGENCY ITEM NO. 5
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 11-053, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING A FINANCING AGREEMENT BY AND AMONG THE CARSON HOUSING AUTHORITY, THE CITY OF CARSON AND THE CARSON REDEVELOPMENT AGENCY FOR THE PROVISION OF FINANCIAL ASSISTANCE TO THE CARSON HOUSING AUTHORITY."
2. AUTHORIZE the Mayor to execute the Financing Agreement following approval as to form by the City Attorney.
ACTION:
THIS IS A COMPANION AGENDA ITEM WITH HOUSING AUTHORITY ITEM NO. 3
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 11-051, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TRANSFERRING TO THE CARSON HOUSING AUTHORITY, 526 WEST CARSON STREET (APN 7343-019-901) AND 21227 SOUTH FIGUEROA STREET (APN 7343-007-903), PROPERTIES PREVIOUSLY DEEDED FROM THE CARSON REDEVELOPMENT AGENCY TO THE CITY OF CARSON."
ACTION:
ITEM NO. (24) CONSIDERATION OF CITY COUNCIL SUB-COMMITTEES (CITY CLERK)
RECOMMENDATION for the City Council:
1. Mayor Dear to TAKE the following actions:
2. REAFFIRM, RE-DESIGNATE and/or DESIGNATE member assignments to the City Council Sub-committees.
3. CONSIDER the status of any City Council Sub-committee.
4. 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:
ITEM NO. (25) CONSIDERATION OF CITY-AFFILIATED ORGANIZATIONS (CITY CLERK)
RECOMMENDATION for the City Council:
1. REAFFIRM, RE-DESIGNATE and/or DESIGNATE delegates and alternates to the City-Affiliated Organizations listed on Exhibit No. 1, respectively.
ACTION:
ITEM NO. (26) MEETING DISPOSITION: CITY COUNCIL POLICY SUB-COMMITTEE (CITY MANAGER)
RECOMMENDATION for the City Council:
1. ALLOW the report.
ACTION:
RECOMMENDATION for the City Council:
TAKE one of the following actions:
Option A - City Council Policy Sub-committee Recommendation
1. APPROVE the City Council Policy Sub-committee's recommendation to approve the fee waiver request in the amount of $17,184.50 for city equipment rental and park usage.
2. APPROVE the City Council Policy Sub-committee's recommendation to approve the fee waiver request in an amount up to $15,000.00 to cover the cost of city staff time for the Philippine Independence Day Celebration.
3. APPROPRIATE $11,501.38 from the unreserved, undesignated general fund balance to cover the cost of staff time for the Philippine Independence Day Celebration.
-or-
Option B - Staff Recommendation
4. APPROVE the City Council Policy Sub-committee's recommendation to approve the fee waiver request in the amount of $17,184.50 for city equipment rental and park usage.
5. DENY the City Council Policy Sub-committee's recommendation to approve the fee waiver request in an amount up to $15,000.00 to cover the cost of city staff time for the Philippine Independence Day Celebration.
6. APPROPRIATE $11,501.38 from the unreserved, undesignated general fund balance to cover the cost of staff time for the Philippine Independence Day Celebration.
ACTION:
ITEM NO. (28) CONSIDER APPROVING STANDARD MANAGEMENT PROCEDURE REGARDING FEE WAIVERS FOR CITY-ASSOCIATED SPECIAL EVENTS (PUBLIC SERVICES)
RECOMMENDATION for the City Council:
1. CONSIDER the City Council Policy Sub-committee's recommended Standard Management Procedure regarding fee waivers for city-associated special events.
ACTION:
ORDINANCE SECOND READING
ORDINANCE SECOND READING: (Items 29-30)
Oral Communication (Staff)
- Adjournment
ORAL COMMUNICATIONS I (STAFF)
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
UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)
UNFINISHED/CONTINUED
CLOSED SESSION ITEMS
REPORT ON EXECUTIVE SESSION (CLOSED SESSION)
REPORT ON CLOSED SESSION
ADJOURNMENT