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 6, 2010

 

5:00 P.M.

 

AGENDA POSTED:  JULY 1, 2010

“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:

 

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

Legal Counsel

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

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 two (2) cases.

ACTION:

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

RECOMMENDATION for the City Council:

1.            A closed session will be held pursuant to Government Code § 54956.9(e) because the city is considering whether to initiate litigation in one (1) case.

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: Vernon Smith v. City of Carson; Case Number ADJ6777229; Claim No. 08237669; Workers' Compensation Appeal Board.

ACTION:

Labor Negotiator

ITEM NO. (4)               CONFERENCE WITH LABOR NEGOTIATOR  (CITY MANAGER)

City Negotiators:

 

Employee Organizations:

A  closed  session  will  be  held,  pursuant  to  Government  Code   54957.6,  with  the  City  Manager and Administrative Services General Manager, regarding labor negotiations with AME, Supervisors Association, Professional Association, AFSCME Local 809, ACE, Unclassified, and Unrepresented employees.

 

RECOMMENDATION for the City Council:

 

1.         INSTRUCT labor negotiators.

 

ACTION:

 

ITEM NO. (5)               CONFERENCE WITH LABOR NEGOTIATOR  (CITY MANAGER)

City Negotiators:

 

Employee Organizations:

A  closed  session  will  be  held,  pursuant  to  Government  Code   54957.6,  with  the  City  Attorney regarding labor negotiations with the Unclassified and Unrepresented employees, including the City Manager.

 

RECOMMENDATION for the City Council:

 

1.         INSTRUCT labor negotiators.

 

ACTION:

 

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

 

CITY COUNCIL
REGULAR BUSINESS MEETING

6:00 P.M.

 

FLAG SALUTE:      JACQUELINE CARANDANG, CHAPERON, CSCA SCE DELEGATES

 

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:  JOEL WOOD, CARSON BIBLE CHURCH

            

APPROVAL OF MINUTES:

MONDAY, APRIL 26, 2010   (SPECIAL JOINT)

TUESDAY, APRIL 27, 2010  (SPECIAL JOINT WITH THE REGULAR MEETING OF THE UTILITY USERS' TAX CITIZENS OVERSIGHT COMMITTEE)

TUESDAY, MAY 4, 2010       (REGULAR)

MONDAY, MAY 10, 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 (Items 6-8)

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

ITEM NO. (7)               2010 STUDENT CULTURAL EXCHANGE DELEGATES

ITEM NO. (8)               BOARD MEMBER RON SMITH, FROM WEST BASIN WATER DISTRICT, WILL PRESENT A CHECK TO THE CITY OF CARSON

NEW BUSINESS CONSENT

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 9-18)              

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. (9)               CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AUDITING SERVICES  (ADMINISTRATIVE SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 4

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            AWARD a professional services agreement  to Vasquez and Company LLP for the  provision of financial auditing services for the three (3)  fiscal years ending June 30, 2010, 2011 and 2012, in the amounts of $40,801.00, $42,840.00, and $44,982.00, respectively, with the option to extend the agreement for two additional fiscal years, at the city's discretion.

2.            AUTHORIZE the Mayor to sign the professional services agreement after approval as to form by the City Attorney.

ACTION:

ITEM NO. (10)            CONSIDERATION OF RESOLUTION NO. 10-070 SUPPORTING THE NATIONAL COMMITTEE TO PRESERVE SOCIAL SECURITY AND MEDICARE TO URGE CONGRESS TO PASS LEGISLATION THAT PROVIDES A FAIR COST-OF-LIVING ADJUSTMENT FOR SENIOR CITIZENS  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and ADOPT Resolution No. 10-070, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, URGING THE NATIONAL COMMITTEE TO PRESERVE SOCIAL SECURITY AND MEDICARE TO PASS LEGISLATION THAT PROVIDES A FAIR COST-OF-LIVING ADJUSTMENT TO THE MILLIONS OF RETIRED AMERICANS COUNTING ON SOCIAL SECURITY BENEFITS."

2.            INSTRUCT staff to transmit a copy of the executed resolution to President Barbara Kennelly, President and CEO of the National Committee to Preserve Social Security and Medicare, U.S. Senators Boxer and Feinstein, and Congresswoman Richardson.

ACTION:

ITEM NO. (11)            CONSIDERATION OF RESOLUTION NO. 10-072 SUPPORTING SERVICE EMPLOYEES INTERNATIONAL UNION 721 RED CROSS EMPLOYEES  (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and ADOPT Resolution No. 10-072, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING SERVICE EMPLOYEES INTERNATIONAL UNION 721 RED CROSS EMPLOYEES."

2.            INSTRUCT staff to transmit a copy of the executed resolution to Gail McGovern, American Red Cross Chief Executive Officer; Adriel Peterson, American Red Cross union steward, and Bob Schoonover, SEIU President.

ACTION:

ITEM NO. (12)            CONSIDER DISPLAY OF CITY FLAG BY LOCAL BUSINESSES  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.            AUTHORIZE a letter be sent to local businesses urging them to display the city flag if they already display the United States and/or the California State flag.

ACTION:

ITEM NO. (13)            CONSIDERATION OF ADOPTION OF RESOLUTION NO. 10-074  AUTHORIZING THE ADMINISTRATIVE SERVICES GENERAL MANAGER TO EXPEND CITY FUNDS PENDING ADOPTION OF THE FY 2010/11 ANNUAL OPERATING BUDGETS  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.            WAIVE further reading and ADOPT Resolution No. 10-074, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GIVING THE ADMINISTRATIVE SERVICES GENERAL MANAGER LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE CITY, SUBJECT TO THE CITY COUNCIL'S APPROVAL OF THE DEMAND REGISTER, AS REQUIRED BY LAW, PENDING ADOPTION OF THE FY 2010/11 ANNUAL OPERATING BUDGETS."

ACTION:

ITEM NO. (14)            STATUS REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS CURRENTLY UNDERWAY  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.            RECEIVE and FILE.

ACTION:

ITEM NO. (15)            CONSIDERATION OF RESOLUTION NO. 10-067, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N013 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF 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:

1.            WAIVE further reading and ADOPT Resolution No. 10-067, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N013 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1311 [FEDERAL NO. STPL 5403(019)]: WILMINGTON AVENUE PAVEMENT RESTORATION FROM DEL AMO BOULEVARD TO VICTORIA STREET."

ACTION:

ITEM NO. (16)            CONSIDER APPROVAL OF AGREEMENTS TO PROVIDE GANG CRIME SUPPRESSION PROGRAM AND GANG ALTERNATIVE PREVENTION PROGRAM SERVICES BETWEEN THE COUNTY OF LOS ANGELES PROBATION DEPARTMENT AND THE CITY OF CARSON FROM JULY 1, 2010 THROUGH JUNE 30, 2011  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            APPROVE the agreement with the county of Los Angeles Probation Department to provide Gang Crime Suppression Program (GCSP) services to the city of Carson, in the amount of $67,000.00, from July 1, 2010 through June 30, 2011.

2.            APPROVE the agreement with the county of Los Angeles Probation Department to provide Gang Alternative Prevention Program (GAPP) services to the city of Carson, in the amount of $67,000.00, from July 1, 2010 through June 30, 2011.

3.            AUTHORIZE the Mayor to execute the GCSP and GAPP services agreements for FY 2010/11, following approval as to form by the City Attorney.

ACTION:

ITEM NO. (17)            CONSIDERATION OF RESOLUTION NO. 10-063 TO ADOPT THE CITY'S NATURAL HAZARDS MITIGATION PLAN  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.            WAIVE further reading and ADOPT Resolution No. 10-063, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE CITY'S NATURAL HAZARDS MITIGATION PLAN."

2.            APPROVE the city of Carson's Natural Hazards Mitigation Plan.

3.            DIRECT the Public Safety and Community Services Manager to submit the approved Natural Hazards Mitigation Plan to the California Emergency Management Agency (Cal EMA) and to the Federal Emergency Management Agency (FEMA).

ACTION:

ITEM NO. (18)            THIS ITEM INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

 

DEMANDS

DEMANDS (Item 19)   

ITEM NO. (19)            RESOLUTION NO. 10-073 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,485,842.89 DEMAND CHECK NUMBERS 093195 THROUGH 093482

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 20-21)

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. (20)            JOINT PUBLIC HEARING TO CONSIDER RESOLUTION NO. 10-068 APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND HILLAND REAL ESTATE, LLC FOR THE PURCHASE AND SALE OF THE PROPERTY LOCATED AT 1505 EAST 223RD STREET (MERGED AND AMENDED PROJECT AREA)  (ECONOMIC DEVELOPMENT)  THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 9

RECOMMENDATION for the City Council:

TAKE the following actions:

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

2.            WAIVE further reading and ADOPT Resolution No. 10-068, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON REDEVELOPMENT AGENCY AND HILLAND REAL ESTATE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR THE PURCHASE AND SALE OF THE PROPERTY LOCATED AT 1505 EAST 223RD STREET (MERGED AND AMENDED PROJECT AREA)."

3.            AUTHORIZE the Mayor to execute the disposition and development agreement following approval as to form by the City Attorney.

ACTION:

ITEM NO. (21)            PUBLIC HEARING TO CONSIDER RESIDENTIAL WASTE SERVICES RATE ADJUSTMENT (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.            APPROVE an increase of 5% ($0.87 per month, $10.44 per year) for FY 2010/11 for Integrated Residential Waste Management Services.

ACTION:

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 22-23)

ITEM NO. (22)            COMMISSION, COMMITTEE AND BOARD APPOINTMENTS  (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:

 

·      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 (9)

·      Mobilehome Park Rental Review Board (15)

- At-Large Member (3)

- At-Large Member (Alternate) (4)

- 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)

·      Women’s Issues Commission (7)

·      Senior Citizens Advisory Commission (11)

·      Youth Commission (11) – terms expired 6/30/10 – Triangle Page 15

·      Veterans Affairs Commission (11)

·      Beautification Committee (11) – 1 vacancy – Triangle Page 17

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

·      Carson Historical Committee (9)

ACTION:

ITEM NO. (23)            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:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Item 24)   

ITEM NO. (24)            THIS ITEM INTENTIONALLY LEFT BLANK

RECOMMENDATION for the City Council:

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (Items 25-27)

ITEM NO. (25)            ORDINANCE NO. 10-1448-A, AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 61104(e) OF CHAPTER 11 OF THE CARSON MUNICIPAL CODE ESTABLISHING A TWO PERCENT TAX ON ELECTRICAL AND GAS UTILITIES USERS

ITEM NO. (26)            ORDINANCE NO. 10-1449, AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 6712 OF CHAPTER 7 OF THE CARSON MUNICIPAL CODE REGULATING AND LICENSING THE CONDUCT OF BINGO WITHIN THE CITY OF CARSON TO INCREASE THE MAXIMUM PRIZE THEREOF

ITEM NO. (27)            ORDINANCE NO. 10-1450, AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 6706(G) & (H) OF CHAPTER 7 OF THE CARSON MUNICIPAL CODE REGULATING AND LICENSING THE CONDUCT OF BINGO WITHIN THE CITY OF CARSON

ORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC

 

ORAL COMMUNICATIONS I (STAFF)

 

ORAL COMMUNICATIONS II (COUNCIL/AGENCY)

 

COUNCILMEMBER PRESENTATIONS OF REQUESTS TO ADD ITEMS TO FUTURE AGENDAS:

A.    MAYOR DEAR REQUESTS CONSIDERATION OF WAIVING FEES FOR THE USE OF THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER IN ORDER FOR THE U.S. CENSUS BUREAU TO HOLD A ONE DAY JOB FAIR ON TUESDAY, SEPTEMBER 7, 2010

B.     MAYOR DEAR REQUESTS CONSIDERATION OF CHANGING THE SIGN DISTRICT/SIGN PROGRAM TO MERGE 20761-20775 AVALON BOULEVARD INTO THE SAME SIGN DISTRICT WITH THE SOUTHBAY PAVILION

C.    MAYOR DEAR REQUESTS CONSIDERATION OF AN ORDINANCE CHANGING THE NUMBER OF MEMBERS TO ALL COMMISSIONS

D.    MAYOR DEAR REQUESTS CONSIDERATION OF WAIVING FEES FOR THE USE OF THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER FOR SOME CULTURAL ARTS PROGRAMS

 

E.     MAYOR DEAR REQUESTS CONSIDERATION OF WAIVING FEES FOR THE USE OF THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER FOR DR. JENNY BATONGMALAQUE’S TOWN HALL MEETINGS FOR SENIOR CITIZENS

 

F.     MAYOR PRO TEM SANTARINA REQUESTS CONSIDERATION OF A RESOLUTION SUPPORTING AB 375 AND CLEAN CARS IN CALIFORNIA

 

G.    COUNCILMEMBER DAVIS-HOLMES REQUESTS CONSIDERATION OF ELIMINATING BUSINESS LICENSE FEES FOR VENDORS THAT PARTICIPATE AT SPECIAL EVENTS

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

REPORT ON CLOSED SESSION

 

ADJOURNMENT