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 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 15, 2014

 

5:00 P.M.

 

AGENDA POSTED:  JULY 11, 2014

“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 1-5) 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:

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:

California Supreme Court's Review of City of San Jose v. Superior Court S218066.

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)(2) and (d)(3) & (e)(1),because there is a significant exposure to litigation in 3 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 the City Manager, Assistant City Manager, City Attorney, Director of Administrative Services and Interim Human Resources Officer, its negotiators(s), regarding labor negotiations with City Clerk and City Treasurer.

 

ACTION:

 

ITEM NO. (5)                        CONFERENCE WITH REAL PROPERTY NEGOTIATOR

 

RECOMMENDATION for the City Council:

 

1.         A closed session will be held, pursuant to Government Code §54956.8, to enable the City Council to consider negotiations with Los Angeles County Chief Executive Officer and Kirk Johnson with whom the city is negotiating, and to give direction to its negotiator(s) City Manager, Assistant City Manager, City Attorney and Assistant City Attorney regarding that certain real property known as APN Nos. 7339-017-917, 7339-017-900, 7339-017-901, 7339-017-902 and 7339-017-003 and 7339-017-014. The City’s real property negotiator will seek direction from the City Council regarding the terms of payment for the property.

 

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:      MELANIE MORALES, MISS CARSON 3RD RUNNER-UP/MISS COVER GIRL

INVOCATION:        SENIOR PASTOR JOHN LEWIS, HOLY DELIVERANCE CHURCH OF GOD

APPROVAL OF MINUTES:

 

TUESDAY, MAY 20, 2014 (REGULAR MEETING)

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 CITY EMPLOYEES

B.                 INTRODUCTION OF SHERIFF DEPUTIES

C.                TOM SPENGLER, CEO OF GRANICUS, INC. TO SPEAK ON THE SOFTWARE PROGRAM LEGISTAR

 

ORAL 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 6-14)

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. (6)                        CONSIDER RESOLUTION NO. 14-063 SUPPORTING THE MODIFICATION OF PROPOSITION 13 (PEOPLE'S INITIATIVE TO LIMIT PROPERTY TAXATION) AS IT RELATES TO COMMERCIAL PROPERTY TAX  (MAYOR DEAR)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-063, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING THE MODIFICATION OF PROPOSITION 13 (PEOPLE'S INITIATIVE TO LIMIT PROPERTY TAXATION) AS IT RELATES TO COMMERCIAL PROPERTY TAX"

2.                  DIRECT staff to transmit an executed copy of the resolution to Governor Jerry Brown, State Senators Ted Lieu, Roderick Wright and Assemblymember Isadore Hall, III.

ACTION:

ITEM NO. (7)                        CONSIDERATION OF A REQUEST FOR AUTHORIZATION TO ACCEPT AND APPROPRIATE VARIOUS DONATIONS IN THE GENERAL FUND (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  TAKE the following actions:

2.                  ACCEPT the donations received in May 2014 in the amount of $2,500.00.

3.                  APPROVE an increase in the FY 2013/14 General Fund revenue budget by           $2,500.00, in the revenue account numbers listed in Exhibit No. 1. 

4.                  APPROPRIATE the $2,500.00 to the FY 2013/14 expenditure budget in the expenditure account numbers listed in Exhibit No. 1.

ACTION:

ITEM NO. (8)                        CONSIDERATION OF ADOPTION OF RESOLUTION NOS. 14-023 & 14-069  ELIMINATING THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR UNCLASSIFIED MANAGEMENT EMPLOYEES (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-023, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ELIMINATING THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR UNCLASSIFIED MANAGEMENT EMPLOYEES"

2.                  WAIVE further reading and ADOPT Resolution No. 14-069, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC), GOVERNMENT CODE SECTION 20691"

ACTION:

ITEM NO. (9)                        CONSIDERATION OF ADOPTION OF RESOLUTION NOS. 14-024 & 14-070  ELIMINATING THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE CITY CLERK AND CITY TREASURER (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-024, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ELIMINATING THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE CITY CLERK AND CITY TREASURER"

2.                  WAIVE further reading and ADOPT Resolution No. 14-070, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC), GOVERNMENT CODE SECTION 20691"

ACTION:

ITEM NO. (10)                    CONSIDER AWARD OF PURCHASE CONTRACT FOR EQUIPMENT UPGRADES AND RELATED PROGRAMMING FOR THE COUNCIL CHAMBER'S AUDIO/VISUAL SYSTEM (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE the bidding and proposal processes as defined by Carson Municipal Code (CMC) Sections 2604 (d) and 2610 (a).

2.                  AWARD a purchase contract, in the amount of $99,576.15, to Electrosonic for the second phase of the audio equipment and programming modifications to the audio and voting system for the Council Chambers, in accordance with the City's current maintenance agreement.

ACTION:

ITEM NO. (11)                    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 $150,000.00 for a period of one year ending June 30, 2015.

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

ACTION:

ITEM NO. (12)                    CONSIDER APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES, AND AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR PROJECT NO. 1355: VETERANS PARK ATHLETIC FIELD RENOVATION (PUBLIC WORKS)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the plans, specifications and estimates, and order the work for Project No. 1355:  Veterans Park Athletic Field Renovation.

2.                  AUTHORIZE staff to advertise the work and call for construction bids for Project No. 1355:  Veterans Park Athletic Field Renovation.

ACTION:

ITEM NO. (13)                    CONSIDERATION TO ACCEPT AS COMPLETE PROJECT NO. 1440: RENOVATION OF THE BASEBALL FIELDS AT VARIOUS PARKS (PUBLIC WORKS)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  ACCEPT as complete Project No. 1440: Renovation of the Baseball Fields at various parks.

2.                  AUTHORIZE staff to file a Notice of Completion.

ACTION:

ITEM NO. (14)                    CONSIDER AUTHORIZATION TO EXPEND ADDITIONAL CONSTRUCTION CONTINGENCY FOR PROJECT NO. 1454:  RENOVATION OF THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER AT CARSON (PUBLIC WORKS)

RECOMMENDATION for the City Council:

1.                  TAKE the following actions:

2.                  AUTHORIZE an additional construction contingency in the amount of $200,000.00 for any additional improvements requested by the City Council or staff, and any unforeseen construction work that may be required to complete Project No. 1454:  Renovation of the Congresswoman Juanita Millender-McDonald Community Center at Carson.

3.                  APPROPRIATE $200,000.00 from the General Fund - Restricted Fund Balance - Bond Funded Capital Projects account to augment the amount currently budgeted for Project No. 1454:  Renovation of the Congresswoman Juanita Millender-McDonald Community Center at Carson.

ACTION:

DEMANDS

DEMANDS (Item 15)

ITEM NO. (15)                    RESOLUTION NO. 14-064 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,936,079.80, DEMAND CHECK NUMBERS 117141 THROUGH 117448

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Item 16)

Public testimony is restricted to three minutes per speaker, speaking once (excepting applicants who are afforded a right of rebuttal, if desired), unless extended by order of the Mayor with the approval of the City Council.

ITEM NO. (16)                    PUBLIC HEARING TO CONSIDER ORDINANCE NO. 14-1539 APPROVING ZONE TEXT AMENDMENT NO. 18-14 TO AMEND THE CARSON ZONING ORDINANCE TO ALLOW MULTIPLE DWELLING UNITS IN THE RS ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT AND UNDER CERTAIN REQUIREMENTS (COMMUNITY DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  CONTINUE this item to August 5, 2014, to allow time for staff to complete the noticing process.

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items)

ITEM NO. (17)                    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 regarding the number and composition of various commissions (Exhibit No. 2); Ordinance No. 13-1519 regarding the number of members of various commissions (Exhibit No. 3); Ordinance No. 13-1520 regarding the composition of various commissions (Exhibit No. 4); and Resolution No. 13-046 regarding the composition of the Carson Utility Users Tax Citizens Budget Oversight Committee (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 regarding the process of removal from various commissions (Exhibit No. 6), with the approval of a majority of the entire City Council present, including the Mayor.

ACTION:

ITEM NO. (18)                    CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS BY MAYOR DEAR (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.

4.                  APPOINT a chairperson to each City Council Committee.

ACTION:

ITEM NO. (19)                    CONSIDER STATUS REPORT ON THE REGIONAL WATER QUALITY CONTROL BOARD ENVIRONMENTAL INVESTIGATION AND CARSON DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CAROUSEL TRACT (COMMUNITY SERVICES)

RECOMMENDATION for the City Council:

1.                  CONSIDER and DISCUSS.

ACTION:

ITEM NO. (20)                    REPORT ON COSTS INCURRED FOR THE CITY'S FOREIGN DIRECT INVESTMENT PROGRAM (COMMUNITY DEVELOPMENT)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 21-23)

ITEM NO. (21)                    CONSIDERATION OF CITY-AFFILIATED ORGANIZATIONS (CITY CLERK)

RECOMMENDATION for the City Council:

Mayor Dear to TAKE the following actions:

1.                  CONSIDER the status of any City-Affiliated Organization.

2.                  REAFFIRM, RE-DESIGNATE        and/or DESIGNATE delegates and alternates to City-Affiliated Organizations.

ACTION:

ITEM NO. (22)                    CONSIDER ESTABLISHING A TRUSTEE ACCOUNT FOR THE DR. MARTIN LUTHER KING MONUMENT COMMITTEE  (CITY TREASURER)

RECOMMENDATION for the City Council:

1.                  CONTINUE this item to an undetermined date.

ACTION:

ITEM NO. (23)                    CONSIDERATION OF RESOLUTION NO. 14-066 DECLARING A FISCAL EMERGENCY, RESOLUTION NO. 14-067 CALLING FOR A SPECIAL ELECTION/CONSOLIDATION AND RESOLUTION NO. 14-068 REQUESTING PREPARATION OF AN IMPARTIAL ANALYSIS SETTING PRIORITIES FOR SUBMITTING ARGUMENTS RELATED TO EXTENDING THE TERM OF THE UTILITY USERS TAX FROM JUNE 30, 2016 BY SEVEN (7) YEARS TO JUNE 30, 2023 (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and adopt Resolution No. 14-066 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, UNANIMOUSLY DECLARING A FISCAL EMERGENCY PURSUANT TO ARTICLE XIII C § 2(b) OF THE CALIFORNIA CONSTITUTION;" and

2.                  WAIVE further reading and adopt Resolution No. 14-067, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE SUBMISSION TO THE VOTERS OF THE CITY A PROPOSED MEASURE EXTENDING THE TERM OF THE UTILITY USERS TAX TO JUNE 30, 2023 AND IN ACCORDANCE THEREWITH REQUESTING THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY'S SPECIAL ELECTION WITH THE SPECIAL AND GENERAL MUNICIPAL ELECTIONS HELD WITHIN LOS ANGELES COUNTY ON THAT DATE;" and

3.                  WAIVE further reading and adopt Resolution No. 14-068, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, "DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CARSON UTILITY USERS TAX EXTENSION MEASURE."

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (None)

Oral Communication (Staff)  - Adjournment

ORAL COMMUNICATIONS I (STAFF)

 

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.

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS:

 

COUNCIL MEMBERS PRESENT REQUESTS TO ADD ITEMS TO FUTURE AGENDAS

A.                MAYOR PRO TEM SANTARINA REQUESTS AN ITEM BE ADDED TO A FUTURE AGENDA REGARDING HOLDING A PUBLIC WORKSHOP TO COMMUNICATE HOW THE CITY FINANCES ARE INVESTED

B.                 MAYOR PRO TEM SANTARINA REQUESTS AN ITEM BE ADDED TO A FUTURE AGENDA REGARDING 2015 BATTLE OF THE WORLD BILLIARD CHAMPIONS

C.                COUNCILMEMBER GIPSON REQUESTS AN ITEM BE ADDED TO A FUTURE AGENDA RECOGNIZING SEPTEMBER 10 AS NATIONAL SUICIDE PREVENTION DAY AND ACKNOWLEDGEMENT OF SEPTEMBER 12 AS KEVIN'S CAUSE DAY IN CARSON AND SUPPORTING THE ONGOING EFFORTS OF SUICIDE PREVENTION IN THE UNITED STATES

 

CONCLUDING COMMUNICATIONS (STAFF)

 

CONCLUDING COMMUNICATIONS (COUNCILMEMBERS)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

ADJOURNMENT