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

 

July 5, 2011

 

5:00 P.M.

 

AGENDA POSTED: June 30, 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 (Item 1) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        CONFERENCE WITH LEGAL COUNSEL - EXISTNG 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:

2.                  Carson Harbor Village, Ltd. V. City of Carson, Second Appellate District Case No. B211777.

ACTION:

Labor Negotiator

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:

PASTOR RUDY ABROT, BETHEL BAPTIST CHURCH

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:  

APPROVAL OF MINUTES:

MONDAY, OCTOBER 11, 2010           (SPECIAL)

TUESDAY, OCTOBER 19, 2010           (REGULAR)

WEDNESDAY, OCTOBER 27, 2010    (SPECIAL)

TUESDAY, NOVEMBER 2, 2010         (REGULAR)

WEDNESDAY, NOVEMBER 3, 2010     (ADJOURNED REGULAR)

TUESDAY, NOVEMBER 16, 2010          (REGULAR)

MONDAY, NOVEMBER 29, 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 (Items)

A.                 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 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 2-10)

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. (2)                        CONSIDER APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR PROJECT NO. 1281:  CITYWIDE ANNUAL OVERLAY PROGRAM, PLUS CIVIC CENTER PARKING LOTS; AND PROJECT NO. 1286:  CITYWIDE ANNUAL CONCRETE REPLACEMENT PROGRAM (DEVELOPMENT SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 2

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications, estimates, Location Maps and Location List, and order the work for Project No. 1281:  Citywide Annual Overlay Program, plus civic center parking lots; and Project No. 1286:  Citywide Annual Concrete Replacement Program.

2.                  AUTHORIZE staff to advertise the work and call for construction bids for Project No. 1281:  Citywide Annual Overlay Program, plus civic center parking lots; and Project No. 1286:  Citywide Annual Concrete Replacement Program.

ACTION:

ITEM NO. (3)                        CONSIDERATION OF RESOLUTION NO. 11-090 VACATING RESOLUTION NO. 07-106 AND DENYING TENTATIVE PARCEL MAP NO. 27014 PROVIDING FOR CONVERSION TO RESIDENT OWNERSHIP OF THE CARSON HARBOR VILLAGE MOBILEHOME PARK LOCATED AT 17701 AVALON BOULEVARD (APN NO. 7339-001-005) (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 11-090, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, VACATING RESOLUTION NO. 07-106 AND DENYING TENTATIVE PARCEL MAP NO. 27014 PROVIDING FOR CONVERSION TO RESIDENT OWNERSHIP OF THE CARSON HARBOR VILLAGE MOBILEHOME PARK LOCATED AT 17701 AVALON BOULEVARD (APN NO. 7339-001-005)."

ACTION:

ITEM NO. (4)                        STATUS REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS CURRENTLY UNDERWAY (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (5)                        CONSIDERATION OF RESOLUTION NO. 11-078, FREEWAY AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CARSON FOR THE MODIFICATION TO THE I-405 FREEWAY INTERCHANGES WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF CARSON (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 11 078, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF A FREEWAY AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CARSON FOR THE MODIFICATION TO THE I-405 FREEWAY INTERCHANGES WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF CARSON."

ACTION:

ITEM NO. (6)                        CONSIDER APPROVAL OF THE AMENDMENT TO THE CLEAN ENERGY CONTRACT TO PROVIDE FUELING SERVICES FOR THE CARSON CIRCUIT CONTRACT (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROPRIATE $27,000.00 from the unreserved, undesignated Proposition A fund balance, and $18,000.00 from the unreserved, undesignated Proposition C fund balance to account nos. 18-80-999-180-7310 and 19-80-999-180-7310, respectively, to augment the amount currently budgeted for the CNG fuel for the Carson Circuit Bus System for the remainder of  FY 2010/11.

2.                  APPROVE an amendment to the Clean Energy contract to increase the amount of the contract as follows: $217,000.00 for CY 2009, $230,000.00 for CY 2010, and $265,000.00 for CYs 2011-2013.

ACTION:

ITEM NO. (7)                        CONSIDER OPPOSITION TO SB 776 RELATING TO THE ALLOCATION OF WORKFORCE INVESTMENT ACT FUNDS (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  OPPOSE SB 776.

2.                  AUTHORIZE the Mayor to send a letter expressing the city's opposition.

ACTION:

ITEM NO. (8)                        CONSIDER ESTABLISHING THE CITY OF CARSON EMPLOYEES' HEALTH, VITALITY AND WELLNESS PROGRAM (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  REFER the creation of the city of Carson Employees' Health, Vitality and Wellness Program to the City Council Policy sub-committee.

ACTION:

ITEM NO. (9)                        CONSIDERATION OF THE CARSON/DOMINGUEZ HILLS COMMUNITY WIND ENSEMBLE BE APPOINTED THE OFFICIAL BAND OF THE CITY OF CARSON (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  REFER this matter to the Cultural Arts Commission for discussion and to either support or oppose the proposal.

ACTION:

ITEM NO. (10)                    CONSIDER APPROVING THE RECOMMENDED NAME FOR THE NEW CITY OF CARSON MINI-PARK (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE the recommended name of Reflection Mini-Park for the new mini-park on Shearer Avenue in the city of Carson.

ACTION:

DEMANDS

DEMANDS (Item 11)

ITEM NO. (11)                    RESOLUTION NO. 11-088 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $3,087,598.93, DEMAND CHECK NUMBERS 099238 THROUGH 099519

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 12-14)

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. (12)                    PUBLIC HEARING TO CONSIDER THE FY 2011/12 GENERAL FUND BUDGET (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

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

ACTION:

ITEM NO. (13)                    PUBLIC HEARING TO CONSIDER RESOLUTION NO. 11-079, TO VACATE GARDNER STREET, A 25-FOOT PUBLIC RIGHT-OF-WAY EAST OF SHEARER AVENUE (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. 11-079, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO VACATE GARDNER STREET, A 25 FOOT PUBLIC RIGHT-OF-WAY EAST OF SHEARER AVENUE, AS DESCRIBED HEREIN."

ACTION:

ITEM NO. (14)                    PUBLIC HEARING TO CONSIDER THE REVISED ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2011/12, AND REVISED 2011/2012 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.                  ALLOCATE the revised figure of $160,978.00  in CDBG public services funding for FY 2011-2012 (PY 2011)  proportionally among the providers.

3.                  REALLOCATE El Nido's $11,919.00 share proportionally among the other providers.

4.                  APPROVE the revised FY 2011/12 (PY 2011) CDBG budget.

5.                  APPROVE the submission of the revised 2011/12  Annual Action Plan to the U.S. Department of Housing and Urban Development.

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Item 15)

ITEM NO. (15)                    COMMISSION, COMMITTEE,  AND BOARD APPOINTMENTS BY MAYOR DEAR (CITY CLERK)

RECOMMENDATION for the City Council:

RECOMMENDATION for the Mayor:

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.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Item 16-17)

ITEM NO. (16)                    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. (17)                    CONSIDERATION TO REINTRODUCE ORDINANCE NO. 11-1472 MODIFYING DEVELOPMENT AGREEMENT NO. 03-10 BETWEEN THE CITY OF CARSON AND BULLETIN DISPLAYS, LLC, AND AMENDING LANGUAGE CONCERNING THE CONVERSION OF TWO STATIC ADVERTISING DISPLAY FACES TO DIGITAL ELECTRONIC DISPLAY FACES ON AN EXISTING THREE-SIDED OUTDOOR ADVERTISING DISPLAY LOCATED AT 19401 SOUTH MAIN STREET (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and REINTRODUCE Ordinance No. 11-1472, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, MODIFYING DEVELOPMENT AGREEMENT NO. 03-10 BETWEEN THE CITY OF CARSON AND BULLETIN DISPLAYS, LLC, AND AMENDING ORDINANCE NO. 09-1440 CONCERNING THE CONVERSION OF TWO STATIC ADVERTISING DISPLAY FACES TO DIGITAL ELECTRONIC DISPLAY FACES ON AN EXISTING THREE-SIDED OUTDOOR ADVERTISING DISPLAY LOCATED AT 19401 SOUTH MAIN STREET."

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (Items 18-19)

ITEM NO. (18)                    ORDINANCE NO. 11-1473 AMENDING THE CARSON MUNICIPAL CODE TO ALLOW FOR VEHICLE REPAIR AS A PRIMARY USE FOR PROPERTIES FRONTING AVALON BOULEVARD AND LOCATED WITHIN THE CA (COMMERCIAL, AUTOMOTIVE) ZONE (ECONOMIC DEVELOPMENT)

ITEM NO. (19)                    ORDINANCE NO. 11-1474 ELIMINATING STIPENDS FOR ECONOMIC DEVELOPMENT COMMISSIONERS (ECONOMIC DEVELOPMENT)

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

A.                 COUNCILMEMBER DAVIS-HOLMES REQUESTS CONSIDERATION OF REVISION TO SMP NO. 3.19 FLOWERS - AUTHORIZATION AND ORDERING

B.                 COUNCILMEMBER GIPSON REQUESTS CONSIDERATION OF A RESOLUTION TO SUPPORT  SB 104 (STEINBERG) THE FAIR TREATMENT FOR FARM WORKERS ACT, TO HELP ENFORCE WORKPLACE LAWS AND MAKE IT EASIER FOR CALIFORNIA'S FARM WORKERS TO CHOOSE A UNION

C.                 COUNCILMEMBER SANTARINA REQUESTS A RESOLUTION DECLARING CARSON A "HUMAN TRAFFICKING FREE CITY"

D.                COUNCILMEMBER SANTARINA REQUESTS A RESOLUTION URGING THE PHILIPPINE CONSULATE IN LOS ANGELES PROVIDE ON-SITE PASSPORT SERVICES IN THE CITY OF CARSON

UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)

 

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

ADJOURNMENT

ADJOURNMENT