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 15, 2011

5:00 P.M.

AGENDA POSTED: NOVEMBER 10, 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:

Executive Session (Closed Session) - Ceremonial Presentation

CLOSED SESSION (Items 1-2) 5:00 P.M. – 5:45 P.M.

Legal Counsel

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

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 case.

ACTION:

ITEM NO. (2) CONFERENCE WITH LEGAL COUNSEL - EXISTING 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. Flowers v. City of Carson, Los Angeles County Superior Court Case No. TC025034.

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:

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 RONALD SMITH, TRUE WORKERS OF THE HOLY TRINITY HOUSE OF PRAYER

APPROVAL OF MINUTES:

TUESDAY, JULY 19, 2011 (REGULAR)

MONDAY, JULY 25, 2011 (ADJOURNED REGULAR JOINT)

THURSDAY, JULY 28, 2011 (SPECIAL JOINT - 6:00 P.M.)

THURSDAY, JULY 28, 2011 (SPECIAL JOINT - 7:00 P.M.)

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

A. INTRODUCTION OF LOS ANGELES COUNTY SHERIFF'S DEPUTIES

B. INTRODUCTION OF JOANNE SILVA, SOCIAL SERVICES DIRECTOR, SOUTH BAY FAMILY HEALTHCARE

C. PRESENTATION OF A PROCLAMATION WELCOMING THE 2011 MAJOR LEAGUE SOCCER CUP FINAL TO THE HOME DEPOT CENTER IN CARSON

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 3-18)

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. (3) CONSIDER BENEFIT FINDINGS FOR A TEEN CENTER PROJECT TO BE LOCATED ADJACENT TO CARNEGIE MIDDLE SCHOOL (OUTSIDE CARSON CONSOLIDATED PROJECT AREA) (ECONOMIC DEVELOPMENT) THIS IS A JOINT AGENDA ITEM WITH AGENCY ITEM NO. 1

RECOMMENDATION for the City Council:

1. WAIVE further reading and ADOPT Resolution No. 11-130, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS THAT A TEEN CENTER WOULD BE A BENEFIT TO THE CARSON CONSOLIDATED PROJECT AREA (OUTSIDE THE CARSON CONSOLIDATED PROJECT AREA)."

ACTION:

ITEM NO. (4) CONSIDERATION OF RESOLUTION NO. 11-132 SUPPORTING THE "OCCUPY LOS ANGELES" MOVEMENT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution No. 11-132, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING "OCCUPY LOS ANGELES", PART OF A NATIONAL MOVEMENT STARTED BY "OCCUPY WALL STREET."

2. DIRECT staff to transmit an executed copy of the resolution to the Mayor of Los Angeles and to "Occupy Los Angeles".

ACTION:

ITEM NO. (5) CONSIDERATION OF RESOLUTION NO. 11-136, SUPPORTING THE EFFORTS OF THE SOUTH BAY AIDS NETWORK, AND CONSIDERATION TO COORDINATE A CARSON WORLD AIDS DAY EVENT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution No. 11-136, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING THE EFFORTS OF THE SOUTH BAY AIDS NETWORK TO PROMOTE WORLD AIDS DAY.

2. INSTRUCT staff to transmit a copy of the executed resolution to Joann Silva, Social Services Director, South Bay Family Health Care, 2114 Artesia Blvd, Redondo Beach, CA 90278.

3. CONSIDER authorizing the use of staff time and limited resources to conduct a public awareness event prior to World AIDS Day on December 1, 2011 in Carson.

ACTION:

ITEM NO. (6) CONSIDERATION OF RESOLUTION NO. 11-122 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1. WAIVE further reading and ADOPT Resolution No. 11-122, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA)"

ACTION:

ITEM NO. (7) PRESENTATION OF FY 2011/12 1ST QUARTER GENERAL FUND BUDGET REPORTS (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1. RECEIVE and FILE.

ACTION:

ITEM NO. (8) CONSIDERATION OF RESOLUTION NO. 11-131 - ADOPTING THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2011/12 (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. ELECT to use the annual percentage change in population of the County of Los Angeles and the net change in total assessed valuation due to non-residential new construction within the city as the factors with which to calculate the city's annual appropriations limit for FY 2011/12.

2. WAIVE further reading and ADOPT Resolution No. 11-131, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DETERMINING THE TOTAL ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2011/12."

ACTION:

ITEM NO. (9) CONSIDERATION OF A REQUEST FOR AUTHORIZATION TO ACCEPT AND APPROPRIATE VARIOUS DONATIONS IN THE GENERAL FUND (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. ACCEPT the donations received in September 2011 in the amount of $9,515.00.

2. APPROVE an increase in the FY 2011/12 General Fund revenue budget by $9,515.00.

3. APPROPRIATE the $9,515.00 to the FY 2011/12 expenditure budget in the account numbers listed in Exhibit No. 1.

4. APPROVE the transfer of $150.00 of unused funds in the Juneteenth account to the Jazz Festival account.

ACTION:

ITEM NO. (10) CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT FOR PROJECT NO. 954: MEDIAN IRRIGATION SYSTEM AND LANDSCAPING UPGRADE PHASE II, DEL AMO BOULEVARD FROM AVALON BOULEVARD TO WILMINGTON AVENUE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. AWARD a Construction Contract for Project No. 954: Median Irrigation System and Landscaping Upgrade Phase II, Del Amo Boulevard from Avalon Boulevard to Wilmington Avenue, in the amount of $976,851.00, to the lowest responsible bidder, PIMA Corporation dba Advanced Construction.

2. AUTHORIZE the expenditure of a construction contingency, if necessary, in the amount of $146,527.00 (15%) for change orders such as the removal and remediation of contaminated soil, substructure conflicts, and other unforeseen construction work that may be required to complete this project.

3. AUTHORIZE the transfer of $882,528.00 from the FY 2011/12 Adopted Measure "R" fund budget of $1,080,000.00 for Project No. 1322: Avalon Boulevard Median Irrigation Upgrades to Project No. 954: Median Irrigation System and Landscaping Upgrade Phase II, Del Amo Boulevard from Avalon Boulevard to Wilmington Avenue.

4. AUTHORIZE the Mayor to execute the construction contract following approval as to form by the City Attorney.

ACTION:

ITEM NO. (11) CONSIDERATION TO APPROVE A MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF CARSON TO EXTEND THE ADMINISTRATION AND COST SHARING OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (REACH 1 AND COMPTON CREEK) (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. APPROVE the "Memorandum of Agreement Between the Gateway Cities Council of Governments and the City of Carson to Extend the Administration and Cost Sharing of the Coordinated Implementation Plan for the Los Angeles River and Tributaries Metals Total Maximum Daily Load (Reach 1 and Compton Creek)."

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

ACTION:

ITEM NO. (12) UPDATE ON THE ENVIRONMENTAL INVESTIGATION OF THE CAROUSEL TRACT (FORMER KAST PROPERTY SITE) (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. RECEIVE and FILE.

2. DIRECT staff on any other possible city non-litigation responses to the Carousel Tract issues.

ACTION:

ITEM NO. (13) CONSIDER AN AGREEMENT FOR CONSULTING SERVICES WITH MICHAEL SEALE RELATED TO THE TRANSITIONAL SUBSIDIZED EMPLOYMENT PROGRAM (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. APPROVE an agreement with Michael Seale for an amount not-to-exceed $84,000.00.

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

ACTION:

ITEM NO. (14) CONSIDER APPOINTMENTS TO BUSINESS SEATS OF THE WORKFORCE INVESTMENT BOARD (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1. APPROVE the appointments of Tod Sword and Cameron Smith to the South Bay Workforce Investment Board.

ACTION:

ITEM NO. (15) CONSIDER AN UPDATE OF THE EXTENDED CONSULTING SERVICES CONTRACTS AS A PART OF THE IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. RATIFY the one-year extension to the residential rehabilitation contracts with the following contractors:

a. SJ Contractor, Inc.

b. South Los Angeles Development Group, Inc.

2. RECEIVE and FILE

ACTION:

ITEM NO. (16) CONSIDER RESOLUTION NO. 11-133 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution No. 11-133, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS (BEGIN) PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM."

2. AUTHORIZE the Mayor to execute the aforementioned application and documents following approval as to form by the City Attorney.

ACTION:

ITEM NO. (17) CONSIDERATION OF RESOLUTION NO. 11-135, RECOGNIZING THE MONTH OF NOVEMBER AS NATIONAL FAMILY CAREGIVERS MONTH (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution No. 11-135, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, RECOGNIZING THE MONTH OF NOVEMBER AS NATIONAL FAMILY CAREGIVERS MONTH."

2. INSTRUCT staff to transmit a copy of the executed resolution to Melinda Ramos-Alatorre with the SEIU ULTCW.

ACTION:

ITEM NO. (18) CONSIDER ACCEPTING GRANT FUNDS PROVIDED BY THE HOME DEPOT FOUNDATION AND MAJOR LEAGUE SOCCER L.A. GALAXY/CHIVAS OCTAGON (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1. ACCEPT the $10,000.00 cash grant from the Home Depot Foundation and the $15,000.00 in-kind grant from MLS L.A.Galaxy/Chivas Octagon.

2. APPROVE an increase in the FY 2011/12 General Fund Revenue budget by $10,000.00.

3. APPROPRIATE the $10,000.00 to the FY 2011/12 expenditure budget in account number 01-90-954-060-8003.

ACTION:

DEMANDS

DEMANDS (Item 19)

ITEM NO. (19) RESOLUTION NO. 11-134 ALLOWING CLAIMS AND DEMANDS IN THE AMOUNT OF $901,336.93, DEMAND CHECK NUMBERS 101547 THROUGH 101803

ACTION:

SPECIAL ORDERS OF THE DAY

SPECIAL ORDERS OF THE DAY (Items 20-22)

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) PUBLIC HEARING TO CONSIDER RESOLUTION NO. 11-086 RECOMMENDING CHANGES TO THE UNIFORM COMPREHENSIVE SCHEDULE OF FEES (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

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

2.

3. WAIVE further reading and ADOPT Resolution No. 11-086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING A UNIFORM COMPREHENSIVE SCHEDULE OF FEES AND REPEALING RESOLUTION NO. 10-060."

ACTION:

ITEM NO. (21) PUBLIC HEARING TO CONSIDER AN APPLICATION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF THE UNINCORPORATED RANCHO DOMINGUEZ TERRITORY(ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1. OPEN the Public Hearing and CONTINUE the Public Hearing to December 6, 2011.

ACTION:

ITEM NO. (22) CONSIDERATION OF ORDINANCE NO. 11-1480 AMENDING THE CARSON MUNICIPAL CODE TO ALLOW AUTOMOTIVE AND EQUIPMENT AUCTIONS AS A PRIMARY USE FOR PROPERTIES FRONTING AVALON BOULEVARD AND LOCATED WITHIN THE CA (COMMERCIAL, AUTOMOTIVE) ZONE (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. WAIVE further reading and INTRODUCE Ordinance No. 11-1480, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CARSON MUNICIPAL CODE TO ALLOW FOR AUTOMOTIVE AND EQUIPMENT AUCTIONS AS A PRIMARY USE FOR THOSE PROPERTIES FRONTING AVALON BOULEVARD AND LOCATED WITHIN THE CA (COMMERCIAL, AUTOMOTIVE) ZONE, WITH AN APPROVED CONDITIONAL USE PERMIT."

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Item 23)

ITEM NO. (23) 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 (None)

ORDINANCE SECOND READING

ORDINANCE SECOND READING: (Item 24)

ITEM NO. (24) 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 (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 GIPSON REQUESTS TO ADD AN ITEM TO THE DECEMBER 6, 2011 AGENDA INITIATING THE 5,000 LB WEIGHT LOSS CHALLENGE

UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

ADJOURNMENT

ADJOURNMENT