CITY OF CARSON

REGULAR MEETING

OF THE CITY COUNCIL

 

CITY HALL

HELEN KAWAGOE COUNCIL CHAMBERS

701 EAST CARSON STREET

CARSON, CA 90745

 

THE CARSON CITY COUNCIL 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

 

November 19, 2013

 

5:00 P.M.

 

AGENDA POSTED:  NOVEMBER 15, 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 1-3) 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:

People of the State of California, ex. rel. , City of Carson vs. Shell Oil Company, et al., Case No. BC 499369, Superior Court of the State of California for the County of Los Angeles.

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:

State of California v. Commission on State Mandates; Second Appellate District Case No. B-237153.

ACTION:

Labor Negotiator

ITEM NO. (3)                        CONFERENCE WITH LABOR NEGOTIATOR

 

RECOMMENDATION for the City Council:

 

1.         A closed session will be held, pursuant to Government Code § 54957.6, with  the Acting 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.

 

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:      LYIASHA GAINES, MISS CARSON 2013

INVOCATION:        PASTOR JOHN EDMISTON, KEYSTONE ASSEMBLY OF GOD

APPROVAL OF MINUTES:

 

TUESDAY, MAY 7, 2013 (REGULAR)

TUESDAY, OCTOBER 1, 2013 (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.                 PRESENTATION OF proclamation TO SHERIFF LEE BACA for his continued support and service towards the City of CarsonORAL COMMUNICATIONS - MEMBERS OF THE PUBLIC

 

                      

ORAL COMMUNICATIONS – MEMBERS OF THE PUBLIC (LIMITED TO ONE HOUR)

The public may at this time address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency and/or on any items on the agenda of the City Council/Housing Authority/Successor Agency, prior to any action taken on the agenda.  No action may be taken on non-agendized items except as authorized by law.  Speakers are requested to limit their comments to no more than three minutes each, speaking once.  If you would like to address the City Council/Housing Authority/Successor Agency, please complete the SPEAKER’S CARD.  The card is available at the speaker’s podium or from the City Clerk.  Please identify on the card your name, address, and the item on which you would like to speak, and return to the City Clerk.  The SPEAKER’S CARD, though not required in order to speak, assists the Mayor in ensuring that all persons wishing to address the City Council/Housing Authority/Successor Agency are recognized, time permitting.  Oral communications will be limited to one hour unless extended by order of the Mayor/Chair with the approval of the City Council/Housing Authority/Successor Agency.

 

 

NEW BUSINESS CONSENT

NEW BUSINESS CONSENT (Items 4-10)

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. (4)                        CONSIDERATION OF RESOLUTION NO. 13-111 FOR INCLUSION IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS CALIFORNIA HOME ENERGY RETROFIT OPPORTUNITY PROGRAM (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 13-111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED"

2.                  DIRECT staff to transmit an executed copy of the resolution to:

(1) Jacki Bacharach, Executive Director of the South Bay Cities Council of Governments,

(2) Rick Bishop, Executive Director of the Western Riverside Council of Governments, 4080  Lemon Street, 3rd Floor, MS1032, Riverside, CA 92501-3609, and

(3)  Dustin Reilich, Director of Municipal Development, dreilich@herofinancing.com.

ACTION:

ITEM NO. (5)                        CONSIDER REINSTATING FUNDING FOR THE 2013 SANTA'S SLEIGH PROGRAM (COMMUNITY DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  AUTHORIZE the reinstatement of funding in the FY 2013/14 general fund budget, in the amount of $5,000.00, for the 2013 Santa's Sleigh Program.

2.                  APPROPRIATE $5,000.00 from the unallocated general fund balance to cover costs of staff time and other related costs.

ACTION:

ITEM NO. (6)                        CONSIDERATION OF RESOLUTION NO. 13-112 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. 13-112, "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)                        CONSIDERATION OF RESOLUTION NO. 13-104 ESTABLISHING THE CITY OF CARSON'S VESTING CONTRIBUTION UNDER SECTION 22893.1 OF THE PUBLIC  EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 13-104, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING THE CITY OF CARSON'S VESTING CONTRIBUTION UNDER SECTION 22893.1 OF THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT."

ACTION:

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

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the First Amendment to the consultant retainer agreement with Barr & Clark, Inc., in an amount not to exceed $19,805.00, for lead-based paint testing and consulting services, effective December 19, 2013 through December 31, 2014.

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

ACTION:

ITEM NO. (9)                        CONSIDER AN AGREEMENT FOR CONSULTING SERVICES WITH MICHAEL SEALE RELATED TO THE TRANSITIONAL SUBSIDIZED EMPLOYMENT PROGRAM (COMMUNITY DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE entering into an agreement with Michael Seale for an amount not to exceed $100,000.00.

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

ACTION:

ITEM NO. (10)                    CONSIDERATION OF RESOLUTION NO. 13-071, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N015 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07 5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1337 [FEDERAL NO. BHLS-5403(020)]:  WILMINGTON AVENUE / 223RD STREET BRIDGE RETROFIT OVER THE DOMINGUEZ CHANNEL (PUBLIC WORKS)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 13 071, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N015 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1337 [FEDERAL NO. BHLS 5403 (020)]: WILMINGTON AVENUE / 223RD STREET BRIDGE RETROFIT OVER THE DOMINGUEZ CHANNEL."

ACTION:

DEMANDS

DEMANDS (Item 11)

ITEM NO. (11)                    RESOLUTION NO. 13-113 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $569,257.44, DEMAND CHECK NUMBERS 113235 THROUGH 113521

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Items 12-13)

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)                    PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION NO. 13-103 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.                  WAIVE further reading and ADOPT Resolution No. 13-103, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING A UNIFORM COMPREHENSIVE SCHEDULE OF FEES AND REPEALING RESOLUTION NO. 12-097."

ACTION:

ITEM NO. (13)                    CONTINUED PUBLIC HEARING TO CONSIDER ORDINANCE NO. 13-1531 APPROVING ZONE CHANGE CASE  NO. 169-13 TO CHANGE THE ZONE FROM  RS (RESIDENTIAL, SINGLE FAMILY) TO ML-D (MANUFACTURING, LIGHT-DESIGN OVERLAY) AND TO CONSIDER RESOLUTION NO. 13-109 GENERAL PLAN AMENDMENT NO. 93-13, CHANGING LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL FOR PROPERTY LOCATED AT 716 E. ALONDRA BOULEVARD (COMMUNITY DEVELOPMENT)

RECOMMENDATION for the City Council:

TAKE the following actions:

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

2.                  WAIVE further reading and INTRODUCE Ordinance No. 13-1531, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, APPROVING ZONE CHANGE CASE NO. 169-13 CHANGING THE ZONING DESIGNATION FROM RS TO ML-D, FOR PROPERTY LOCATED AT 716 E. ALONDRA BOULEVARD."

3.                  WAIVE further reading and ADOPT Resolution No. 13-109 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 93-13 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL FOR PROPERTY LOCATED AT 716 E. ALONDRA BOULEVARD."

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Item 14)

ITEM NO. (14)                    CONSIDER APPOINTMENTS TO, AND/OR REMOVAL FROM, COMMISSIONS, COMMITTEES, AND BOARDS BY MAYOR DEAR AND CITY COUNCIL  (CITY CLERK)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  Mayor Dear to CONSIDER, APPOINT, or REAPPOINT members to the Commissions, Committees, and Boards (Exhibit No. 1) in accordance with Ordinance No. 13-1516 (Exhibit No. 2); Ordinance No. 13-1519 (Exhibit No. 3); Ordinance No. 13-1520 (Exhibit No. 4); and Resolution No. 13-046 (Exhibit No. 5);

2.                  Mayor Dear and City Council to CONSIDER REMOVAL, if desired, of members to the Commissions, Committees, and Boards in accordance with Ordinance No. 13-1523 (Exhibit No. 6), with the approval of a majority of the entire City Council present, including the Mayor.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 15-19)

ITEM NO. (15)                    CONSIDERATION OF CITY-AFFILIATED ORGANIZATIONS (CITY CLERK)

RECOMMENDATION for the City Council:

1.                  REAFFIRM, RE-DESIGNATE and/or DESIGNATE delegates and alternates to the City-Affiliated Organizations listed on Exhibit No. 1, respectively

ACTION:

ITEM NO. (16)                    CONSIDER ESTABLISHING A TRUSTEE ACCOUNT FOR THE TYPHOON HAIYAN RELIEF FUND (CITY TREASURER)

RECOMMENDATION for the City Council:

1.                  AUTHORIZE the City Treasurer to establish a Trustee Account for the Typhoon Haiyan Relief Fund, accept donations and disburse funds.

ACTION:

ITEM NO. (17)                    INTRODUCE ORDINANCE NO. 13-1524 AMENDING THE MUNICIPAL CODE PROVISIONS REGARDING PUBLIC RELATIONS COMMISSION MEMBERSHIP REQUIREMENTS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and INTRODUCE Ordinance No. 13-1524, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CARSON MUNICIPAL CODE REGARDING THE COMPOSITION AND QUALIFICATIONS OF THE MEMBERS OF THE PUBLIC RELATIONS COMMISSION"

ACTION:

ITEM NO. (18)                    CONSIDER APPROPRIATING FUNDS TO ASSIST THE SHERIFF'S DEPARTMENT IN RESPONDING TO THE RECENT INCREASE IN STREET ROBBERIES (COMMUNITY SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE an increase in the Sheriff's contract for FY 2013/14 in the amount of $39,000.00.

2.                  APPROPRIATE $39,000.00 from the unallocated general fund balance to cover the costs of the additional Sheriff's services.

ACTION:

ITEM NO. (19)                    APPROVAL OF THE CITY OF CARSON'S "ENERGY ACTION PLAN" PER THE REQUIREMENTS OF THE SOUTHERN CALIFORNIA EDISON'S "ENERGY LEADERS PARTNERSHIP PROGRAM" (PUBLIC WORKS)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the Energy Action Plan as a living document.

2.                  DIRECT City staff to proceed with implementation.

ACTION:

ITEM NO. (20)                    CONSIDER FEE WAIVERS FOR A COMMUNITY VIGIL AND CONCERT TO RAISE FUNDS FOR THE VICTIMS OF TYPHOON HAIYAN (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE a fee waiver, in the approximate amount of $150.00, for the use of the East Lawn at the Juanita Millender-McDonald Community Center on Friday, November 22, 2013, for a community vigil.

2.                  APPROVE a fee waiver, in the approximate amount of $3,725.00, for the use of Halls ABC at the Juanita Millender-McDonald Community Center on Sunday, November 24, 2013, for a community concert to raise funds to aid the victims of Typhoon Haiyan.

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (None)

Oral Communication (Staff)  - Adjournment

 

 

 

 

CONCLUDING ORAL COMMUNICATIONS (MEMBERS OF THE PUBLIC)

The public may at this time address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency.  No action may be taken on non-agendized items except as authorized by law.  Speakers are requested to limit their comments to no more than five minutes each, speaking once.

ORAL COMMU

 

NICATIONS I (STAFF)

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS:

 

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS

A.                COUNCILMEMBER ROBLES REQUESTS AN ITEM TO CONSIDER SECURITY COSTS OF THE SOUTH BAY PAVILION

B.                 COUNCILMEMBER DAVIS-HOLMES REQUESTS AN ITEM TO MODIFY HOW ORAL COMMUNICATIONS TIME IS ALLOCATED TO PERSONS WHO WISH TO SPEAK ON MULTIPLE ISSUES

UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)

 

 

CONCLUDING COMMUNICATIONS (STAFF)

 

CONCLUDING COMMUNICATIONS (COUNCILMEMBERS)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

ADJOURNMENT