CITY
OF
REGULAR
MEETING
OF THE
CITY COUNCIL
CITY HALL COUNCIL CHAMBERS
701 EAST CARSON STREET
CARSON, CA 90745
THE CARSON CITY COUNCIL REGULAR MEETINGS ARE BROADCAST LIVE VIA
TIME WARNER CABLE CHANNEL 35 AND AT&T U-VERSE CHANNEL 99 AS WELL AS VIA THE
INTERNET AT: HTTP://CI.CARSON.CA.US
September 4, 2012
AGENDA POSTED: AUGUST 31, 2012
“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:
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 - EXISTING LITIGATION
RECOMMENDATION for the City Council:
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: Rand v. City of Carson, et al; Case No. CV 03-1913 GPS (PJWx); the United States District Court for the Central District of California.
ACTION:
Lar Negotiator
REPORT ON CLOSED SESSION
REPORT ON CLOSED
SESSION
Fag Salute - Approval of Minutes
CITY
COUNCIL
REGULAR BUSINESS MEETING
6:00 P.M.
FLAG SALUTE: JESSICA RODRIGUEZ, ANDREW CARNEGIE MIDDLE SCHOOL
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. 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: PASTOR SHANE SCOTT, MACEDONIA BAPTIST CHURCH
APPROVAL
OF MINUTES:
TUESDAY,
FEBRUARY 7, 2012 (REGULAR MEETING)
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 the
Council on items not on the posted Agenda but are items of interest that are
within the subject matter jurisdiction of the Council. 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 other than to place it on the Agenda for a future
meeting if appropriate.
NEW BUSINESS CONSENT
NEW
BUSINESS CONSENT (Items 2-9)
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)
CONSIDERATION
OF RESOLUTION NO. 12-089 ESTABLISHING SEPTEMBER 12 AS KEVIN'S CAUSE DAY IN
CARSON (CITY MANAGER)
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 12-089, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING SEPTEMBER 12 AS KEVIN'S CAUSE DAY IN HONOR OF SUICIDE PREVENTION."
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 12-086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING PROPOSITION 35 ALSO KNOWN AS THE CALIFORNIANS AGAINST SEXUAL EXPLOITATION ACT"
2. DIRECT City Manager's staff to transmit an executed copy of the resolution to Congresswomen Richardson and Hahn, Senator Ted Lieu, Assemblymember Furutani, Senator Rod Wright, California Attorney General Kamala D. Harris, U.S. Attorney General Eric H. Holder Jr., Board of Equalization Chairman Jerome Horton, and Captain Rivero of the Carson Sheriff's Station.
ACTION:
ITEM NO. (4) CONSIDER BANNING THE USE OF CELL PHONES BY ELECTED OFFICIALS DURING COUNCIL MEETINGS (CITY MANAGER)
RECOMMENDATION for the City Council:
1. DIRECT staff to survey others cities in California to see where such a policy exists, obtain sample language and if there is an enforcement policy.
ACTION:
RECOMMENDATION for the City Council:
1. DIRECT staff to explore opportunities in partnering with The Institute for Local Government to provide additional ethics training and/or materials.
ACTION:
ITEM NO. (6) CONSIDERATION OF ST. PHILOMENA CATHOLIC CHURCH'S REQUEST FOR CARNIVAL PERMIT (ADMINISTRATIVE SERVICES)
RECOMMENDATION for the City Council:
1. APPROVE St. Philomena Catholic Church's application for a carnival permit for Friday, September 14th from 5:00 p.m. to 10:00 p.m., Saturday, September 15th from 10:00 a.m. to 10:00 p.m., and Sunday, September 16th from 10:00 a.m. to 10:00 p.m., contingent upon approvals from all inspecting agencies.
ACTION:
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 12-088 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE JULY 1, 2010, THROUGH JUNE 30, 2013, MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 36, LOCAL 809 (AFSCME).
ACTION:
RECOMMENDATION for the City Council:
1. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 12-090 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING THE ADJUSTMENT OF THE CITY'S CONTRIBUTION FOR THE HEALTH INSURANCE BENEFITS PROVIDED TO ELECTED OFFICIALS AND UNCLASSIFIED MANAGEMENT EMPLOYEES."
ACTION:
RECOMMENDATION for the City Council:
TAKE THE FOLLOWING ACTIONS:
1. APPROVE the Exclusive Agency Agreement between the City of Carson and Rand Resources, LLC.
2. AUTHORIZE the Mayor to execute the Exclusive Agency Agreement following approval as to form by the City Attorney.
ACTION:
DEMANDS
DEMANDS (Item 10)
ITEM NO. (10)
RESOLUTION
NO. 12-087 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,795,854.43, DEMAND
CHECK NUMBERS 105877 THROUGH 106299
ACTION:
SPECIAL ORDERS OF THE DAY
SPECIAL ORDERS OF THE DAY (Items 11-12)
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.
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. 12-079, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING THE CITY OF CARSON TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE CONGESTION MANAGEMENT PROGRAM LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE SECTION 65089."
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. OPEN the continued Public Hearing, TAKE public testimony, and CLOSE the continued Public Hearing.
2. WAIVE further reading and ADOPT Resolution No. 12-069, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FOR THE FORMATION OF THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY- REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT."
3. WAIVE further reading and ADOPT Resolution No. 12-070, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS - OPERATIONS MAINTENANCE AND MONITORING)."
4. CONDUCT ELECTION by opening ballots, WAIVE further reading and ADOPT Resolution No. 12-071, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY-REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING), DECLARING THE RESULTS OF A SPECIAL ELECTION RELATING TO THE CREATION OF A COMMUNITY FACILITIES DISTRICT."
5. WAIVE further reading and ADOPT Ordinance No. 12-1492, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY-REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT."
ACTION:
UNFINISHED BUSINESS
UNFINISHED
BUSINESS
UNFINISHED BUSINESS (Items 13-15)
ITEM NO. (13)
CONSIDER
REQUEST FROM MAYOR DEAR TO REMOVE FROM THE TABLE COMMISSION, COMMITTEE AND
BOARD APPOINTMENTS (CITY CLERK)
RECOMMENDATION for the City Council:
1. CONSIDER the request from Mayor Dear and PROVIDE direction.
ACTION:
RECOMMENDATION for the City Council:
RECOMMENDATION for the Mayor:
1. CONSIDER or APPOINT members to the Mobilehome Park Rental Review Board and the Carson Historical Committee, with the approval of a majority of the entire City Council present, including the Mayor, as listed on Exhibit No. 1.
ACTION:
RECOMMENDATION for the City Council:
1. ADOPT Ordinance No. 12-1493, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, APPROVING ZONE CHANGE CASE NO. 166-12 ESTABLISHING A DESIGN OVERLAY DISTRICT FOR CERTAIN PROPERTIES FORMERLY IN A REDEVELOPMENT PROJECT AREA."
ACTION:
NEW BUSINESS DISCUSSION
NEW BUSINESS DISCUSSION (Items 16-21)
RECOMMENDATION for the City Council:
1. APPROVE the meeting schedule for the month of November, 2012, for the City Council, Successor Agency, and Housing Authority as follows:
Tuesday, November 6 No meeting due to General Election.
Wednesday, November 7 Adjourned Regular Meetings for the City Council, Successor Agency, and Housing Authority at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda.
Tuesday, November 20 Regular meetings for the City Council, Successor Agency, and Housing Authority at 5:00 P.M. for the closed session agenda and 6:00 P.M. for the business agenda.
ACTION:
ITEM NO. (17) CONSIDER APPOINTMENTS TO THE CITY OF CARSON 45TH ANNIVERSARY COMMITTEE (CITY MANAGER)
RECOMMENDATION for the City Council:
1. CONSIDER appointing individuals to serve as members of the 45th Anniversary Committee, by Mayor Dear with the approval of a majority of the entire City Council present.
ACTION:
ITEM NO. (18) CONSIDER DISCUSSING THE APPROVAL PROCESS FOR THE USE OF THE HOME DEPOT CENTER FOR TWO CITY EVENTS (CITY MANAGER)
RECOMMENDATION for the City Council:
1. DISCUSS and PROVIDE direction.
ACTION:
RECOMMENDATION for the City Council:
1. DISCUSS and PROVIDE direction.
ACTION:
ITEM NO. (20) CONSIDERATION OF WHETHER TO ISSUE A TEMPORARY OVERWEIGHT PERMIT TO AMERICOLD (DEVELOPMENT SERVICES)
RECOMMENDATION for the City Council:
1. DO NOT ISSUE an overweight permit to Americold until the City Council officially adopts Assembly Bill No. 1128 and after all of the City of Carson conditions and criteria are established for the proposed overweight corridor.
ACTION:
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 12-085, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, TO DESIGNATE TWO (2) LOCAL TOWING COMPANIES TO SERVE AS THE EXCLUSIVE TOW PROVIDERS FOR THE CITY OF CARSON AND URGE THE LOS ANGELES SHERIFF'S DEPARTMENT TO CONTINUE TO UTILIZE LOCAL CARSON AREA TOWING COMPANIES AS THE EXCLUSIVE TOW PROVIDERS TO THE CARSON'S SHERIFF'S STATION."
ACTION:
ORDINANCE SECOND READING
ORDINANCE SECOND READING: (None)
Oral Communication (Staff)
- Adjournment
ORAL COMMUNICATIONS I (STAFF)
ORAL COMMUNICATIONS I (STAFF)
ORAL COMMUNICATIONS II (COUNCIL/AGENCY)
ORAL COMMUNICATIONS II (COUNCIL)
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
ADJOURNMENT