CITY OF CARSON

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

 

July 17, 2012

 

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 (Items 1-2) 5:00 P.M. – 5:45 P.M.

 

Legal Counsel

ITEM NO. (1)                        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:  Los Angeles Unified School District v. County of Los Angeles, et. al., County of Los Angeles Superior Court Case No. BS108180

ACTION:

Labor Negotiator

ITEM NO. (2)                        CONFERENCE WITH LABOR NEGOTIATOR

 

RECOMMENDATION for the City Council:

 

1.         A closed session will be held, pursuant to Government Code § 54957.6, with City Manager and Administrative Services General Manager, regarding labor negotiations with AFSCME.

 

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:      RAY KING, LOMITA MAGNET ELEMENTARY 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 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, DECEMBER 20, 2011  ( REGULAR)

MONDAY, JANUARY 9, 2012  (SPECIAL JOINT)

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

 

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 3-7)

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)                        CONSIDERATION OF RESOLUTION NO. 12-073 ENFORCING THE CLEAN AIR ACT  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 12-073, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA SUPPORTING ENFORCEMENT OF THE CLEAN AIR ACT AND OPPOSING ALL EFFORTS OF OTHERS TO BLOCK OR DELAY THE MISSION OF THE ENVIRONMENTAL PROTECTION AGENCY."

ACTION:

ITEM NO. (4)                        CONSIDERATION OF RESOLUTION NO. 12-076 CONCERNING THE HUMAN RIGHTS VIOLATIONS RELATED TO PRACTICING FALUN GONG IN CHINA (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 12-076, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA OPPOSING THE PERSECUTION OF INDIVDUALS PRACTICING FALUN GONG IN THE PEOPLE'S REPUBLIC OF CHINA"

2.                  DIRECT staff to transmit an executed copy of the resolution to Wen Chen of the U.S. Southwest Falun Dafa Association, 1007 E. Orange Grove Blvd, Pasadena, CA 91104, Congresswoman Richardson and Amnesty International USA, 350 Sansome Street, Suite 210, San Francisco, CA 94104

ACTION:

ITEM NO. (5)                        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 May 2012 in the amount of $15,802.00.

2.                  APPROVE an increase in the FY 2011/12 General Fund revenue budget by $15,802.00, in the revenue account numbers listed in Exhibit No. 1.

3.                  APPROPRIATE the $15,802.00 to the FY 2011/12 expenditure budget in the expenditure account numbers listed in Exhibit No. 1.

ACTION:

ITEM NO. (6)                        CONSIDER AN AWARD OF A PURCHASE CONTRACT FOR ONE 2012 FORD F150 PICKUP TRUCK (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  AWARD a purchase contract in the amount of $25,411.66 to Frontier Ford for the purchase of one 2012 4X2 Ford F150 pickup truck with supercrew cab.

ACTION:

ITEM NO. (7)                        APPROVAL OF RESOLUTION NO. 12-072, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 12-072. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM."

2.                  AUTHORIZE the Mayor or his designee, to sign the grant agreement, any subsequent amendments thereto, and all other documents with the State of California for the purposes of this program.

ACTION:

DEMANDS

DEMANDS (Item 8)

ITEM NO. (8)                        RESOLUTION NO. 12-074 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,796,513.98, DEMAND CHECK NUMBERS 105333 THROUGH 105606

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 9-12)

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 Council are requested to select three speakers to represent your opinion.

ITEM NO. (9)                        CONTINUED PUBLIC HEARING REGARDING FISCAL YEAR 2012/13 CITY MANAGER'S PROPOSED GENERAL FUND BUDGET (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  CONDUCT a Continued Public Hearing on the proposed FY 2012/13 General Fund Budget; 

2.                  APPROVE the FY 2012/13 General Fund Budget incorporating the Decision Packages, Budget Referrals and Use of Fund Balance as determined by the City Council;

3.                  ADOPT Resolution No. 12-068 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2012/13 GENERAL FUND BUDGET AND APPROVING APPROPRIATIONS FOR THE 2012/13 FISCAL YEAR."

ACTION:

ITEM NO. (10)                    CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION NO. 12-069 FORMING COMMUNITY FACILITIES DISTRICT NO. 2012-1, RESOLUTION NO. 2012-70 CALLING A SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2012-1 AND RESOLUTION NO. 2012-71 DECLARING THE RESULTS OF A SPECIAL ELECTION, AND AN ORDINANCE NO. 12-1492 LEVYING TAXES RELATING TO THE CREATION OF COMMUNITY FACILITIES DISTRICT 2012-1 (THE BOULEVARDS AT SOUTH BAY-REMEDIAL SYSTEMS-OPERATIONS, MAINTENANCE AND MONITORING) (ECONOMIC DEVELOPMENT)

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:

ITEM NO. (11)                    CONTINUED PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 2012-2 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY-CAPITAL IMPROVEMENTS), FINANCING OF SPECIFIED FACILITIES AND INCIDENTAL EXPENSES AND LEVYING OF SPECIAL TAXES AND PUBLIC HEARING TO CONSIDER INCURRING BONDED INDEBTEDNESS WITHIN THE PROPOSED DISTRICT IN AN AMOUNT NOT TO EXCEED $30,000,000.00 (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  OPEN the continued Public Hearing, TAKE public testimony, and CONTINUE the Public Hearing to September 18, 2012, at 6:00 p.m., upon finding that the complexity of the proposed District and the need for public participation require the additional time.

ACTION:

ITEM NO. (12)                    PUBLIC HEARING TO CONSIDER AN APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 898-12 FOR A SECOND DWELLING UNIT ON A SITE ZONED RS (RESIDENTIAL, SINGLE FAMILY) LOCATED AT 2712 AND 2714 E. ADAMS STREET (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 ADOPT Resolution No. 12-075, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 898-12 AND DENYING THE APPEAL TO RETAIN AN UNAUTHORIZED ACCESSORY LIVING QUARTER."

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 13-14)

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:

ITEM NO. (14)                    CONSIDER FILLING VACANCIES ON THE MOBILEHOME PARK RENTAL REVIEW BOARD AND THE CARSON HISTORICAL COMMITTEE BY MAYOR DEAR (CITY CLERK)

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:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 15-22)

ITEM NO. (15)                    CONSIDERATION OF THE STATUS OF THE ENVIRONMENTAL INVESTIGATION OF THE REGIONAL WATER QUALITY CONTROL BOARD IN THE CAROUSEL TRACT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  RECEIVE and FILE the memo dated June 14, 2012, on the status of the Carousel Environmental Investigation.

2.                  APPROVE the sending of a letter on behalf of the City Council to the Regional Water Quality Control Board requesting that this matter be placed on their agenda in order to give the residents of the Carousel Tract an opportunity to engage in discussion.

ACTION:

ITEM NO. (16)                    CONSIDER A REPORT ON THE STATUS OF THE CITY'S ADJUDICATED NEWSPAPER, OUR WEEKLY (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER requesting the City Attorney investigate if the criteria required for adjudication has been altered since 2008 and report back to the City Council if the City could challenge the adjudicated status of Our Weekly in light of changed circumstances.

ACTION:

ITEM NO. (17)                    CONSIDER RESOLUTION NO. 12-078 CALLING UPON THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, TO PLACE A BAN ON HYDRAULIC FRACTURING  (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (18)                    CONSIDERATION OF A REPORT FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S NEW NATIONAL FLOOD INSURANCE REQUIREMENTS, AND LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FLOOD RISK MITIGATION ALTERNATIVE STUDY - PROJECT UPDATE (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (19)                    CONSIDERATION OF A REQUEST FOR PROPOSAL FOR A THIRD COMMERCIAL/INDUSTRIAL SOLID WASTE SERVICE PROVIDER (DEVELOPMENT SERVICES)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction.

ACTION:

ITEM NO. (20)                    CONSIDER THE STATUS OF ABX1 26 IMPLEMENTATION (ECONOMIC DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (21)                    CONSIDER A FEE WAIVER EXTENSION FOR USE OF THE CARSON DOMINGUEZ ROOM AT THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER FOR DR. JENNY BATONGMALAQUE'S TOWN HALL MEETINGS FOR SENIOR CITIZENS (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  CONSIDER and PROVIDE direction to staff.

ACTION:

ITEM NO. (22)                    CONSIDER RESOLUTION NO. 12-077 ESTABLISHING A REWARD FUND AT $25,000.00 FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON(S) RESPONSIBLE FOR THE MURDER OF DORIAN HOLT (PUBLIC SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 12-077, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND OF $25,000.00 FOR THE PERSON OR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF DORIAN HOLT.

ACTION:

ORDINANCE SECOND READING

 

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

ADJOURNMENT