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

November 1, 2011

5:00 P.M.

AGENDA POSTED:

“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) 5:00 P.M. – 5:45 P.M.

Legal Counsel

Labor Negotiator

ITEM NO. (1) CONFERENCE WITH LABOR NEGOTIATOR

RECOMMENDATION for the City Council:

1. AFSCME and Unclassified bargaining units.

ACTION:

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:

PASTOR TUVAI FAATAI, CALVARY CHAPEL OF SOUTH BAY

APPROVAL OF MINUTES:

WEDNESDAY, JUNE 15, 2011 (ADJOURNED REGULAR)

MONDAY, JUNE 27, 2011 (SPECIAL)

WEDNESDAY, JUNE 29, 2011 (SPECIAL JOINT)

TUESDAY, JULY 5, 2011 (REGULAR)

MONDAY, JULY 11, 2011 (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. PRESENTATION TO THE CITY COUNCIL FROM DR. MILDRED GARCIA OF CALIFORNIA STATE UNIVERSITY DOMINGUEZ HILLS

B. 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/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

NEW BUSINESS CONSENT (Items)

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 11-128 STRONGLY URGING GOVERNOR BROWN AND OUR STATE LEGISLATORS TO RESTORE ADULT DAY HEALTH CARE AS A MEDI-CAL BENEFIT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution No. 11-128, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, STRONGLY URGING GOVERNOR BROWN AND OUR STATE LEGISLATORS TO FIGHT TO RESTORE ADULT DAY HEALTH CARE AS A MEDI-CAL BENEFIT."

2. DIRECT staff to transmit an executed copy of the resolution to the office of Governor Jerry Brown, the office of Senator Bob Blumenfield, Senator Ted Lieu, Assembly Member Furutani, the City of Carson Senior Citizens Advisory Commission and Albert Chin Liaison for the County of Los Angeles Aging Advocacy Coalition.

ACTION:

ITEM NO. (3) SET A NEW PUBLIC HEARING DATE TO CONSIDER RECOMMENDED CHANGES TO THE UNIFORM COMPREHENSIVE SCHEDULE OF FEES (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1. SET the matter for public hearing on November 15, 2011.

ACTION:

ITEM NO. (4) CONSIDER THE AWARD OF A CONSTRUCTION CONTRACT FOR ROOF REPLACEMENT AT THE VERNON HEMINGWAY PARK MAIN OFFICE BUILDING (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE the formal bid process procedures as defined by the Carson Municipal Code, Section 2604 (b), due to the urgent need to replace the roof.

2. AWARD a construction contract for roof replacement at the Vernon Hemingway Park main office building to Letner Roofing Company in the amount of $140,000.00.

3. AUTHORIZE the expenditure of a construction contingency, if necessary, in an amount not-to-exceed $14,000.00 or 10% of the contract amount.

ACTION:

ITEM NO. (5) CONSIDERATION TO ACCEPT AS COMPLETE PROJECT NO. 1311: WILMINGTON AVENUE PAVEMENT RESTORATION FROM DEL AMO BOULEVARD TO VICTORIA STREET (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. ACCEPT as complete Project No. 1311 [Federal No. STPL-5403(019)]: Wilmington Avenue Pavement Restoration from Del Amo Boulevard to Victoria Street.

2. AUTHORIZE staff to file a Notice of Completion.

ACTION:

ITEM NO. (6) CONSIDER APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND THE CITY OF CARSON FOR PROJECT NO. 894: 223RD STREET IMPROVEMENTS FROM MAIN STREET TO AVALON BOULEVARD (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. APPROVE the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Carson covering the "MTA - 2007 Call for Projects" State Transportation Program Enhancement - Regional grant in the amount of $1,130,000.00 for the design and construction phase of Project No. 894: 223rd Street Improvements from Main Street to Avalon Boulevard.

2. AUTHORIZE the Mayor to execute the Memorandum of Understanding following approval as to form by the City Attorney.

3. ACCEPT the State Transportation Program Enhancement - Regional grant of $1,130,000.00 from the Los Angeles County Metropolitan Transportation Authority.

4. APPROVE an increase in the State Local Transportation Fund revenue budget for FY 2011/12 by $1,130,000.00.

5. APPROPRIATE the $1,130,000.00 State Transportation Program Enhancement - Regional grant fund to the FY 2011/12 expenditure budget for Project No. 894: 223rd Street Improvements from Main Street to Avalon Boulevard.

ACTION:

ITEM NO. (7) CONSIDER APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND THE CITY OF CARSON FOR PROJECT NO. 921: AVALON BOULEVARD INTERCHANGE MODIFICATION AT THE I-405 FREEWAY (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. APPROVE the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Carson covering the "MTA - 2009 Call for Projects" Proposition C grant in the amount of $6,770,950.00 for the construction phase of Project No. 921 [Federal No. NCBLN01-5403(010)]: Avalon Boulevard Interchange Modification at the I 405 Freeway.

2. AUTHORIZE the Mayor to execute the Memorandum of Understanding following approval as to form by the City Attorney.

ACTION:

ITEM NO. (8) CONSIDER APPROVAL OF A FIRST AMENDMENT TO CONSULTING SERVICES/CONSULTANT RETAINER AGREEMENT WITH BARR & CLARK, INC. TO PROVIDE LEAD-BASED PAINT INSPECTON AND CONSULTING SERVICES FOR THE RESIDENTIAL REHABILITATION PROGRAM (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. APPROVE the First Amendment to the city of Carson Consulting Services/Consultant Retainer Agreement (Lead-Based Paint Inspection and Consulting Services) with Barr & Clark, Inc., for a period of (1) year, in an amount not-to-exceed $41,025.00.

2. AUTHORIZE the Mayor to execute the First Amendment following approval as to form by the City Attorney.

ACTION:

ITEM NO. (9) CONSIDER ACCEPTANCE OF THE FY 11 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. ACCEPT the FY 11 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $52,901.00.

2. INCREASE the FY 2011/12 revenue projections for the Department of Justice/Office of Justice Programs fund by $52,901.00.

ACTION:

ITEM NO. (10) CONSIDER REPORT FROM THE SIERRA CLUB REGARDING THE CITY OF CARSON'S WATER CONSERVATION EFFORTS (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1. RECEIVE and FILE report.

ACTION:

DEMANDS

DEMANDS (Items)

ITEM NO. (11) RESOLUTION NO. 11-129 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,174,847.33, DEMAND CHECK NUMBERS 101340 THROUGH 101546

ACTION:

SPECIAL ORDERS OF THE DAY

SPECIAL ORDERS OF THE DAY (Items)

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) CONSIDERATION OF THE APPEAL FILED BY WESTERN GROUP, INC. FROM THE DENIAL OF A BID PROTEST FOR PUBLIC WORKS PROJECT NO. 1223, THE CARSON PARK MASTER PLAN (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. CONDUCT a hearing on the bid protest appeal submitted by Western Group, Inc. for Project No. 1223, Carson Park Master Plan, and entertain argument(s) of Western Group, Inc. representatives and other interested persons who wish to speak to the issues raised on appeal.

2. CLOSE the bid protest appeal hearing and then EITHER

2(a) OVERRULE the appeal and affirm the determination that Western Group, Inc. did not submit a responsive bid. In that case, the Agency Board must determine to EITHER (i) authorize staff to issue a notice to proceed to CWS Systems, Inc. after the construction contract is executed OR (ii) defer issuing the notice to proceed and execution of the construction contract until all challenges to the award of contract have been exhausted; OR ALTERNATIVELY

2(b) SUSTAIN the appeal of Western Group, Inc., make the findings necessary to determine that this firm submitted a responsive bid AND (i) void the award of contract to CWS Systems, Inc., and (ii) direct staff to reevaluate all responsive bids submitted for Project No. 1223, Carson Park Master Plan, and return at the next Council meeting with a new recommendation for an award of contract in light of such reevaluation.

3. DIRECT the Office of the City Attorney to give written notice of the determination(s) of the Agency Board along with the notice required by Code of Civil Procedure Section 1094.6.

ACTION:

ITEM NO. (13) CONSIDERATION OF ORDINANCE NO. 11-1479 AMENDING THE CARSON MUNICIPAL CODE REGARDING CONSOLIDATING OR REORGANIZING DUPLICATE LANGUAGE, ELIMINATING TYPOGRAPHICAL ERRORS, AND CLARIFYING AND AMENDING REQUIREMENTS FOR CERTAIN USES (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1. WAIVE further reading and INTRODUCE Ordinance No. 11-1479, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ADOPTING AN AMENDMENT TO THE ZONING ORDINANCE OF THE CARSON MUNICIPAL CODE REGARDING PART 1 (INTRODUCTION), PART 2 (RESIDENTIAL ZONES), AND PART 3 (COMMERCIAL ZONES) OF CHAPTER 1 (ZONING) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE TO CONSOLIDATE OR REORGANIZE DUPLICATE LANGUAGE, ELIMINATE TYPOS, AND CLARIFY REQUIREMENTS; AMEND REQUIREMENTS FOR CERTAIN USES; AND ADDRESS ISSUES CONCERNING NONCONFORMING USES IN THE MU-CS (MIXED USE - CARSON STREET) ZONING DISTRICT AND OTHER USES THAT BECOME NONCONFORMING AS A RESULT OF THIS ORDINANCE AMENDMENT."

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items)

ITEM NO. (14) 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 (Items)

ITEM NO. (15) MEETING DISPOSITION: CITY COUNCIL POLICY SUB-COMMITTEE (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1. ALLOW the report.

ACTION:

ORDINANCE SECOND READING

ORDINANCE SECOND READING: (Items)

Oral Communication (Staff) - Adjournment

ORAL COMMUNICATIONS I (STAFF)

ORAL COMMUNICATIONS I (STAFF)