CITY
OF
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
May 7, 2013
AGENDA POSTED: MAY 3, 2013
“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
RECOMMENDATION for the City Council:
1. A closed session will be held, pursuant to Government Code §54956.9(d)(1), 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 No. BS133538, Los Angeles Superior Court.
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(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: City of Carson vs. Shell Oil Company, et al.; Case No. BC499369, Los Angeles Superior Court.
ACTION:
ITEM NO. (3) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
RECOMMENDATION for the City Council:
1. A closed session will be held, pursuant to Government Code §54956.9 (d)(3) & (e)(4), because there is a significant exposure to litigation in 2 cases.
ACTION:
Labor Negotiator
ITEM NO. (4)
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, City Attorney and Human Resources Officer, its negotiators(s), regarding labor negotiations with ACE, CPSA, & AME, AFSCME Local 809 as well as Unclassified Management and the City Manager.
ACTION:
REPORT ON CLOSED SESSION
Flag Salute - Approval of Minutes
CITY COUNCIL
REGULAR BUSINESS MEETING
FLAG SALUTE: SAMANTHA SANCHEZ, 232ND PLACE 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. 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
EARLE ENESI, FIRST CHRISTIAN CHURCH OF WILMINGTON
APPROVAL OF MINUTES:
TUESDAY,
JULY 17, 2012 (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
A.
INTRODUCTION OF
LOS ANGELES COUNTY SHERIFF'S DEPUTIES
B.
SUEANN D.
BALLAT, GANG ALTERNATIVE PROGRAM
ORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC
NEW BUSINESS CONSENT
NEW
BUSINESS CONSENT (Items 5 -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.
RECOMMENDATION for the City Council:
TAKE the following actions:
1. RECEIVE and FILE.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. EXTEND the agreement with Vasquez and Company, LLP for the fiscal years ending June 30, 2013 and 2014, in the amounts of and $52,855 and $54,377, respectively.
2. AUTHORIZE the Mayor to sign the audit engagement letter for the fiscal year ending June 30, 2013.
ACTION:
ITEM NO. (7) REPORT ON CITY'S INVOLVEMENT WITH LOCAL CHAPTER OF TOASTMASTERS INTERNATIONAL (CITY MANAGER)
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
ITEM NO. (8) APPROVE THE FORMATION OF A FISCAL YEAR 2012/13 AD HOC AUDIT COMMITTEE OF THE COUNCIL (CITY MANAGER)
RECOMMENDATION for the City Council:
1. APPROVE the formation of a Fiscal Year 2012/13 Ad Hoc Audit Committee consisting of two Council Members.
ACTION:
RECOMMENDATION for the City Council:
1. WAIVE further reading and ADOPT Resolution No. 13-041 (Exhibit No. 01), "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING A REQUEST FROM UNITED TEACHERS LOS ANGELES (UTLA) TO THE LOS ANGELES UNIFIED SCHOOL DISTRICT (LAUSD) TO REDUCE CLASS SIZES AND FULLY FUND SCHOOLS WITH ALL NEW MONIES COMING TO THE DISTRICT."
2. DIRECT staff to transmit an executed copy of this resolution to Warren Fletcher, UTLA President, and Gregg Solkovits, UTLA Secondary Vice President & Legislative Officer.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 13-044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REMEMBERING THE DEVESTATION OF THE APRIL 15, 2013 BOSTON MARATHON BOMBINGS IN BOSTON, MASSACHUSETTS."
2. DIRECT staff to transmit an executed copy of Resolution No. 13-044 to Massachusetts Governor Duval Patrick, Congresswoman Janice Hahn, Senator Ted Lieu, Assemblymember Isadore Hall and Senator Rod Wright.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. ACCEPT the donations received in February and March 2013 in the amount of $11,970.00.
2. APPROVE an increase in the FY 2012/13 General Fund revenue budget by $11,970.00, in the revenue account numbers listed in Exhibit No. 1 and Exhibit No. 2.
3. APPROPRIATE the $11,970.00 to the FY 2012/13 expenditure budget in the expenditure account numbers listed in Exhibit No. 1 and Exhibit No. 2.
ACTION:
ITEM NO. (12) CONSIDER AN AWARD OF PURCHASE CONTRACT FOR AN ASPHALT PAVER (ADMINISTRATIVE SERVICES)
RECOMMENDATION for the City Council:
TAKE the following actions:
1. AWARD a purchase contract to Nixon-Egli Equipment Company in the amount of $108,444.10, including sales tax and optional equipment.
2. AUTHORIZE the Purchasing Office to dispose of the outdated asphalt paver, equipment #E822, through public auction.
ACTION:
ITEM NO. (13) CONSIDER AN EXTENSION OF THE TERM PURCHASE ORDER CONTRACT FOR OFFICE SUPPLIES (ADMINISTRATIVE SERVICES)
RECOMMENDATION for the City Council:
1. APPROVE the award of a purchase contract extension for office supplies to Staples Advantage for an estimated amount of $120,000.00 per year, for two years, beginning July 1, 2013 through June 30, 2015.
ACTION:
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
ITEM NO. (15) CONSIDER APPROVAL OF RESOLUTION NO. 13-043 SUPPORTING SB 391: CALIFORNIA HOMES AND JOBS ACT OF 2013 (COMMUNITY DEVELOPMENT)
RECOMMENDATION for the City Council:
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 13-043, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING SB 391: THE CALIFORNIA HOMES AND JOBS ACT OF 2013."
2. DIRECT staff to transmit the resolution to the bill's author and the City's legislators.
ACTION:
RECOMMENDATION for the City Council:
1. DIRECT staff to develop a Capital Improvement Program project to be considered for evaluation as part of adopting the FY 2013/14 - 2017/18 Capital Improvement Program.
ACTION:
RECOMMENDATION for the City Council:
TAKE the following actions:
1. APPROVE the plans, specifications and estimates, and order the work for Project No. 1337: Wilmington Avenue / 223rd Street Bridge Retrofit over the Dominguez Channel.
2. AUTHORIZE staff to advertise the work and call for construction bids for Project No. 1337: Wilmington Avenue / 223rd Street Bridge Retrofit over the Dominguez Channel, pending Caltrans' issuance of the "Authorization to Proceed with Construction."
ACTION:
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
DEMANDS
DEMANDS (Item 19)
ITEM NO. (19)
RESOLUTION
NO. 13-037 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $5,809,563.78, DEMAND
CHECK NUMBERS 109615 THROUGH 110050
ACTION:
SPECIAL ORDERS OF THE DAY
SPECIAL ORDERS OF THE DAY (Item 20)
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.
RECOMMENDATION for the City Council:
TAKE the following actions:
1. OPEN the Continued Public Hearing, TAKE public testimony, and CLOSE the Public Hearing.
2. ALLOCATE the anticipated remaining $72,220.00 in CDBG public services funding for FY 2013/14 (PY 2013) among the providers as designated by the City Council.
3. APPROVE the submission of the 2013-2014 Annual Action Plan to the U. S. Department of Housing and Urban Development.
4. APPROVE the proposed FY 2013/14 (PY 2013) CDBG budget.
ACTION:
UNFINISHED BUSINESS
UNFINISHED
BUSINESS
UNFINISHED BUSINESS (Items 21 - 22)
ITEM NO. (21)
CONSIDERATION
OF CITY COUNCIL COMMITTEES (CITY CLERK)
RECOMMENDATION for the City Council:
Mayor Dear to TAKE the following actions:
1. CONSIDER the status of any City Council Committee as listed on Exhibit No. 1.
2. CONSIDER and CREATE any new City Council Committees in accordance with Standard Management Procedure No. 1.45 and DETERMINE if the same are "standing committees" or "ad hoc committees." (Exhibit No. 2)
3. DESIGNATE member assignments to the City Council Committees.
ACTION:
RECOMMENDATION for the City Council:
1. CONSIDER and PROVIDE direction.
ACTION:
NEW BUSINESS DISCUSSION
NEW BUSINESS DISCUSSION (Items 23 - 30)
RECOMMENDATION for the City Council:
1. WAIVE further reading and INTRODUCE for first reading Ordinance No. 13-1520, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CARSON MUNICIPAL CODE REGARDING THE COMPOSITION OF VARIOUS COMMISSIONS;" and
2. WAIVE further reading and ADOPT Resolution No. 13-045, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING RESOLUTION NO. 12-113 REGARDING THE COMPOSITION OF THE CARSON HISTORICAL COMMITTEE;" and
3. WAIVE further reading and ADOPT Resolution No. 13-046, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING RESOLUTION NO. 12-113 REGARDING THE COMPOSITION OF THE CARSON UTILITY USERS TAX CITIZENS BUDGET OVERSIGHT COMMITTEE;" and
4. DETERMINE, by minute order, that the composition of the Carson Beautification Committee will be nine (9) members with three (3) tiered alternate members.
ACTION:
ITEM NO. (24) CONSIDER PERSONNEL COMMITTEE RECOMMENDATION REGARDING RECRUITMENTS FOR SELECT POSITIONS (CITY MANAGER)
RECOMMENDATION for the City Council:
Personnel Committee Recommendation:
RECOMMEND to City Council that:
1. The Public Works Operations Manager be hired upon the completion of the recruitment;
2. The recruitments for Assistant City Manager, Senior Human Resources Analyst and Purchasing Manager be delayed until the budget workshops are completed and a 2013/14 budget is put into place;
3. Recruitments for vacant rank and file positions be given priority over recruitments for supervisory or managerial positions.
Staff Recommendation:
RECOMMEND to City Council that:
4. The recruitment process for the Assistant City Manager position be continued and completed but that the filing of the position be deferred until after the FY 2013/14 budget is presented;
5. The internal recruitments for the Senior Human Resources Analyst and Purchasing Manager positions be completed and the positions filled.
6. Recruitments for vacant rank and file positions be given priority over recruitments for supervisory or managerial positions.
ACTION:
RECOMMENDATION for the City Council:
1. CONSIDER and PROVIDE direction.
ACTION:
RECOMMENDATION for the City Council:
1. RECEIVE and FILE.
ACTION:
ITEM NO. (27) 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.
ACTION:
RECOMMENDATION for the City Council:
1. REFER this subject to an appropriate COUNCIL COMMITTEE for study, recommendation, and consideration of a possible City legislative invocation policy which would be brought back for consideration by the full City Council, and DIRECT the elimination of the existing admonition in the City's current agenda face template.
ACTION:
ITEM NO. (29) CONSIDER DIRECTING THE PREPARATION OF A "LOCAL PREFERENCE" PURCHASING ORDINANCE (CITY MANAGER)
RECOMMENDATION for the City Council:
1. REFER this subject to an appropriate COUNCIL COMMITTEE for study, recommendation, and consideration of a possible draft ordinance which would be brought back for consideration by the full City Council.
ACTION:
RECOMMENDATION for the City Council:
1. CONSIDER and PROVIDE direction.
ACTION:
ORDINANCE SECOND READING
ORDINANCE SECOND READING: (Items 31 - 33)
Oral Communication (Staff)
- Adjournment
ORAL COMMUNICATIONS I (STAFF)
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)
ADJOURNMENT