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

 

December 21, 2010

 

5:00 P.M.

 

AGENDA POSTED:  DECEMBER 17, 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)

 

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

CALL TO ORDER:

 

ROLL CALL:

Executive Session (Closed Session) - Ceremonial Presentation

CLOSED SESSION (Items 1-4) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:  CARSON HARBOR VILLAGE  (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: Carson Harbor Village, Ltd. vs. City of Carson; Case Number BS-112239; LASC; and Case Number B-21177; 2nd Appellate District Court.

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(b)(1) & (3) (D), because there is a significant exposure to litigation in one (1) case.

ACTION:

ITEM NO. (3)                        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 one (1) case.

ACTION:

Labor Negotiator

ITEM NO. (4)                        CONFERENCE WITH LABOR NEGOTIATOR:  ALL GROUPS (EXCEPT CITY MANAGER AND UNCLASSIFIED EMPLOYEES)  (CITY MANAGER)

 

RECOMMENDATION for the City Council:

 

1.         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, and Unrepresented employees.

 

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:  

APPROVAL OF MINUTES:

TUESDAY, JUNE 29, 2010   (SPECIAL)

TUESDAY, JULY 6, 2010     (REGULAR)

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 5)

ITEM NO. (5)                        INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

 

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 (Items 6-15)

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. (6)                        CONSIDER APPROVING AN INTERIM CITY MANAGER/INTERIM EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT  (CITY MANAGER) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. ??

RECOMMENDATION for the City Council:

1.                  APPROVE the attached "INTERIM CITY MANAGER/INTERIM EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT" and AUTHORIZE the Mayor to execute the same following approval as to form by the City Attorney/Agency Counsel.

ACTION:

ITEM NO. (7)                        CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT TO EBERHARD, INC. FOR PROJECT NO. 1317:  CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER ROOF AND HEATING, VENTILATING AND AIR CONDITIONING REPLACEMENT PHASES II AND III, AND INSTALLATION OF SOLAR PANELS, AND A PORTION OF PROJECT NO. 1318:  CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER REFURBISHMENT AND UPGRADE  (DEVELOPMENT SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. ??

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AWARD a Construction Contract for Project No. 1317:  Congresswoman Juanita Millender-McDonald Community Center Roof and Heating, Ventilating and Air Conditioning Replacement Phases II and III, and Installation of Solar Panels, and a portion of Project No. 1318:  Congresswoman Juanita Millender-McDonald Community Center Refurbishment and Upgrade, in the amount of $4,329,060.00, to the most qualified and responsive proposer, Eberhard, Inc.

2.                  AUTHORIZE construction contingencies in the amount of $649,400.00 (15%) for future change orders, if any, for any unforeseen construction work that may be required to successfully complete this project.

3.                  APPROPRIATE $618,000.00 from the unreserved, undesignated Carson Consolidated Project Area fund balance to augment the amount currently budgeted for this project.

4.                  AUTHORIZE the Mayor to execute the Construction Contract following approval as to form by the City Attorney.

ACTION:

ITEM NO. (8)                        CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA PARTNERS, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT NO. 1317:  CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER ROOF AND HEATING, VENTILATING AND AIR CONDITIONING REPLACEMENT PHASES II AND III, AND INSTALLATION OF SOLAR PANELS, AND A PORTION OF PROJECT NO. 1318:  CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER REFURBISHMENT AND UPGRADE  (DEVELOPMENT SERVICES) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. ??

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a Professional Services Agreement with Anderson Penna Partners, Inc. to provide Construction Management Services for Project No. 1317:  Congresswoman Juanita Millender-McDonald Community Center Roof and Heating, Ventilating and Air Conditioning Replacement Phases II and III, and Installation of Solar Panels, and a portion of Project No. 1318:  Congresswoman Juanita Millender-McDonald Community Center Refurbishment and Upgrade; for a negotiated fee not to exceed $223,798.00.

2.                  AUTHORIZE the Mayor to execute the Professional Services Agreement following approval as to form by the City Attorney.

ACTION:

ITEM NO. (9)                        CONSIDERATION FOR THE CITY OF CARSON TO CO-HOST THE CARSON SHERIFF'S STATION SUPPORT FOUNDATION 5TH ANNUAL DISTINGUISHED SERVICE AWARDS    (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE co-hosting CSSSF's 5th Annual Distinguished Service Awards on February 16, 2011, in Hall ABC of the  Congresswoman Juanita Millender-McDonald Community Center.

2.                  AUTHORIZE staff to assist with the preparation and coordination of the event.

ACTION:

ITEM NO. (10)                    CONSIDERATION OF APPROVAL OF A SEVERANCE AGREEMENT BETWEEN THE CITY OF CARSON AND A LAID-OFF EMPLOYEE  (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the Severance Agreement and General Release between the city of Carson and Donyea Adams, Housing and Neighborhood Development Manager.

2.                  AUTHORIZE the City Manager to execute the Severance Agreement and General Release.

ACTION:

ITEM NO. (11)                    CONSIDERATION OF RESOLUTION NO. 10-127, INTENT 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.                  WAIVE further reading and ADOPT Resolution No. 10-127, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING ITS INTENTION 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, AND SETTING A TIME AND A PLACE FOR A PUBLIC HEARING HEREIN."

2.                  SET a Public Hearing for January 18, 2011 at 6:00 p.m.

ACTION:

ITEM NO. (12)                    CONSIDER ESTABLISHING A PORTION OF CARSON STREET AS AN UNDERGROUND UTILITY DISTRICT  (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  DIRECT staff to initiate the process of establishing Carson Street as an Underground Utility District, from Alameda Street to Santa Fe Avenue, and explore the possibility of undergrounding overhead utility lines from Santa Fe Avenue easterly to the railroad tracks located approximately 660 feet east of Carson's city boundary.

2.                  DIRECT staff to report back to City Council within six months with the status of this project.

ACTION:

ITEM NO. (13)                    CONSIDER ACCEPTANCE OF REVENUES AND THE APPROPRIATION OF THE FUNDS FROM THE TRANSITIONAL SUBSIDIZED EMPLOYMENT PROGRAM  (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT the projected Transitional Subsidized Employment revenues of $60,000.00.

2.                  INCREASE the FY 2010/11 projected general fund revenues in account number 01-00-999-881-4545 by $60,000.00 to account for this additional revenue.

3.                  APPROPRIATE $50,000.00 to account number 01-70-730-881-6005 and $10,000.00 to account number 01-70-730-881-6009 to cover the cost to operate the Transitional Subsidized Employment program.

4.                  APPROVE entering into an agreement with Michael Seale for an amount not to exceed $50,000.00 and AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney.

ACTION:

ITEM NO. (14)                    CONSIDER APPROVING MARGIE MAYHAMS AS THE CITY OF CARSON'S NOMINEE TO BE HONORED AT THE DEPARTMENT OF COMMUNITY AND SENIOR SERVICES OF LOS ANGELES COUNTY'S AFRICAN AMERICAN HISTORY MONTH CELEBRATION  (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  APPROVE Margie Mayhams as Carson's recommended nominee to be honored at the Department of Community and Senior Services of Los Angeles County's African American History Month Celebration.

ACTION:

ITEM NO. (15)                    THIS ITEM INTENTIONALLY LEFT BLANK

DEMANDS

DEMANDS (Item 16)

ITEM NO. (16)                    RESOLUTION NO. 10-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,365,045.74, DEMAND CHECK NUMBERS 096146 THROUGH 096423

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Item 17)

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. (17)                    PUBLIC HEARING TO CONSIDER RESOLUTION NO. 10-128, APPROVING THE CARSON REDEVELOPMENT AGENCY'S FINANCING OF CERTAIN IMPROVEMENTS TO THE CARSON SHERIFF'S STATION LOCATED AT 21356 SOUTH AVALON BOULEVARD (CARSON CONSOLIDATED PROJECT AREA)  (ECONOMIC DEVELOPMENT) THIS IS A COMPANION AGENDA ITEM WITH AGENCY ITEM NO. ??

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. 10-128, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING THE CARSON REDEVELOPMENT AGENCY'S FINANCING OF CERTAIN IMPROVEMENTS TO THE CARSON SHERIFF'S STATION, PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679."

ACTION:

UNFINISHED BUSINESS

 

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 18-19)

ITEM NO. (18)                    COMMISSION, COMMITTEE, AND BOARD APPOINTMENTS BY MAYOR DEAR (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 (11)

·        Mobilehome Park Rental Review Board (15)

- At-Large Member (3) – 1 vacancy – Triangle Page 10

- 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) – 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)

·        Carson Historical Committee (9)

ACTION:

ITEM NO. (19)                    CONSIDERATION FOR STREET SWEEPING SERVICES CONTRACT EXTENSION (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a contract extension for street sweeping services with Nationwide Environmental Services for three years (FY 2011/12 to FY 2013/14) in an amount not to exceed $731,420.00, with an optional one-year extension.

2.                  AUTHORIZE the Mayor to execute the contract extension, following approval as to form by the City Attorney.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 20-23)

ITEM NO. (20)                    CONSIDERATION OF RESOLUTION NO. 10-125, SUPPORTING BUSINESS DEVELOPMENT EFFORTS FOR EXISTING AND POTENTIAL BUSINESSES  (ECONOMIC DEVELOPMENT)   THIS IS A COMPANION AGENDA ITEM WITH AGENCY ITEM NO. ??

RECOMMENDATION for the City Council:

TAKE the following action:

1.                  RECEIVE and FILE the report on activities.

2.                  APPROVE the proposed business development initiatives.

3.                  APPROVE the outreach program with California Manufacturing Technology Consulting.

4.                  WAIVE further reading and ADOPT Resolution No. 10-125, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY."

ACTION:

ITEM NO. (21)                    CONSIDERATION OF CITY COUNCIL SUBCOMMITTEES  (CITY CLERK)

RECOMMENDATION for the City Council:

Mayor Dear to TAKE the following actions:

1.                  REAFFIRM, RE-DESIGNATE and/or DESIGNATE member assignments to the City Council Sub-committees.

2.                  CONSIDER the status of any City Council Sub-committee.

3.                  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. (22)                    CONSIDER AUTHORIZING STAFF AND THE CITY ATTORNEY TO ENTER INTO FORMAL NEGOTIATIONS FOR AN EXCLUSIVE CATERING SERVICES AGREEMENT WITH MASTROIANNI FAMILY ENTERPRISES, LTD., D/B/A JAY'S CATERING  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE staff and the office of the City Attorney to enter into formal negotiations with representatives of Mastroianni Family Enterprises, Ltd., doing business as Jay's Catering, for a possible exclusive catering services agreement at the Congresswoman Juanita Millender-McDonald Community Center at Carson, for a five (5)-year term commencing on February 1, 2011 and concluding on February 3, 2016.

ACTION:

ITEM NO. (23)                    THIS ITEM INTENTIONALLY LEFT BLANK

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 RUIZ-RABER REQUESTS CONSIDERATION OF UPDATE ON BP PROPERTY ON WILMINGTON

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

REPORT ON EXECUTIVE SESSION (CLOSED SESSION)

REPORT ON CLOSED SESSION

ADJOURNMENT

ADJOURNMENT