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 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

 

September 2, 2014

 

5:00 P.M.

 

AGENDA POSTED:  AUGUST 29, 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 1-6) 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: 

Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Case No. CIVMSN14-0300,  Court : Contra Costa 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)(2) and (d)(3) & (e)(1), because there is a significant exposure to litigation in 1 case.

ACTION:

 

ITEM NO. (4)                        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)(4) because the City is considering whether to initiate litigation in 1 case.

ACTION:Labor Negotiator

ITEM NO. (5)                        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, Director of Administrative Services, City Attorney and Interim Human Resources Officer, its negotiators(s), regarding labor negotiations with Part-time AFSCME.

ACTION:

 

 

 

ITEM NO. (6)                        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  Janine Hamner, with whom City is negotiating, and to give direction to its negotiator(s) City Manager, Assistant City Manager and City Attorney regarding that certain real property known as 321 West Francisco Street Carson, California.  The City’s real property negotiator will seek direction from the City Council regarding the price and terms 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:      VINCE BANTAD, GARDENA ELEMENTARY SCHOOL

INVOCATION:        PASTOR DANNY SANTA CRUZ, VICTORY OUTREACH

APPROVAL OF MINUTES:

 

TUESDAY, JUNE 17, 2014 (REGULAR)

MONDAY, JUNE 23, 2014 (SPECIAL)

TUESDAY, JUNE 24, 2014 (SPECIAL)

TUESDAY, JULY 1, 2014 (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 CITY EMPLOYEES

B.                 INTRODUCTION OF SHERIFF DEPUTIES

C.                PRESENTATION OF A PROCLAMATION ACKNOWLEDGING SEPTEMBER 6 AS INTERNATIONAL LITERACY DAY

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 7-17)

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. (7)                        CONSIDER STATUS REPORT ON THE CITY OF CARSON'S BULLYING PREVENTION PROGRAM (MAYOR DEAR)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (8)                        LETTER FROM CARSON CITY COUNCIL EXPRESSING DISAPPOINTMENT AND CONCERN REGARDING THE JULY BEATING OF A WOMAN BY THE CALIFORNIA HIGHWAY PATROL (COUNCILMEMBER ROBLES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE the letter and read it into the record. 

2.                  DIRECT the City Manager to forward the letter of concern to the Commissioner of the California Highway Patrol

ACTION:

 

ITEM NO. (9)                        CONSIDER ACKNOWLEDGING RESOLUTION NO. 12-089 RECOGNIZING SEPTEMBER 12 AS KEVIN'S CAUSE DAY IN CARSON AND RESOLUTION NO. 13-080 RECOGNIZING SEPTEMBER 10 AS NATIONAL SUICIDE PREVENTION DAY AND SUPPORTING THE ONGOING EFFORTS OF SUICIDE PREVENTION IN THE UNITED STATES (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  RECEIVE and FILE.

ACTION:

ITEM NO. (10)                    CONSIDERATION OF RESOLUTION 14-065 SUPPORTING SB 1086 THE SAFE NEIGHBORHOOD PARKS, RIVERS, AND COASTAL PROTECTION BOND ACT (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SUPPORTING SB 1086 THE SAFE NEIGHBORHOOD PARKS, RIVERS, AND COASTAL PROTECTION BOND ACT"

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

3.                  APPROVE the draft letter to Senator Kevin De Leon prepared in support of Senate Bill 1086

ACTION:

ITEM NO. (11)                    MEETING DISPOSITION: CITY COUNCIL LANDSCAPE AND MONUMENT COMMITTEE (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE the recommendation of the Landscape and Monument Committee (see triangle 4)

ACTION:

ITEM NO. (12)                    CONSIDER REVISIONS TO STANDARD MANAGEMENT PROCEDURE 1.65: PROTOCOLS FOR REQUESTS FOR AND PRESENTATIONS OF CERTIFICATES, PROCLAMATIONS, AND KEYS TO THE CITY AND RELATED RECOGNITIONS (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  REFER this item to the Policy Committee.

ACTION:

ITEM NO. (13)                    CONSIDERATION OF RESOLUTION NO. 14-085 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND RESOLUTION NO. 14-087 ESTABLISHING THE VESTING CONTRIBUTION UNDER SECTION 22893.1 (HUMAN RESOURCES)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-085 "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)."

2.                  WAIVE further reading and ADOPT Resolution No. 14-087 "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 (PEMHCA)."

ACTION:

ITEM NO. (14)                    CONSIDER  RESOLUTION NO. 14-089 URGING THE CALIFORNIA LEGISLATURE TO ADOPT STATE LEGISLATION AUTHORIZING GREATER LOCAL AUTONOMY IN REGULATING THE ACTIVITIES OF REGISTERED SEX OFFENDERS (CITY ATTORNEY)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  WAIVE further reading and ADOPT Resolution No. 14-089, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO ADOPT STATE LEGISLATION AUTHORIZING GREATER LOCAL AUTONOMY IN REGULATING THE ACTIVITIES OF REGISTERED SEX OFFENDERS;" and

2.                  DIRECT staff and the City Attorney's office to forward a copy of the attached Resolution to the Governor of the State of California, the Attorney General of the State of California, and every member of the State Legislature; and

3.                  DIRECT staff and the City Attorney to locate a Carson representative within the State Legislature and solicit such representative to "sponsor" the legislative amendment proposed in the foregoing resolution; and

4.                  DIRECT staff and the City Attorney to engage in such lobbying efforts as may be warranted to assure enactment of the same.

ACTION:

ITEM NO. (15)                    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 June 2014 in the amount of $3,050.00.

2.                  APPROVE an increase in the FY 2013/14 General Fund revenue budget by $3,050.00, in the revenue account numbers listed in Exhibit No. 1. 

3.                  APPROPRIATE the $3,050.00 to the FY 2013/14 expenditure budget in the expenditure account numbers listed in Exhibit No. 1.

ACTION:

ITEM NO. (16)                    CONSIDER ACCEPTANCE OF THE FY 14 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (COMMUNITY SERVICES)

RECOMMENDATION for the City Council:

1.                  ACCEPT the FY 14 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $39,973.00.

ACTION:

ITEM NO. (17)                    CONSIDER APPROVAL OF TRACT MAP NO. 71533:  MIXED-USE DEVELOPMENT LOCATED AT 616 E. CARSON STREET (PUBLIC WORKS)

RECOMMENDATION for the City Council:

TAKE the following actions:

1.                  APPROVE Tract Map No. 71533, located at 616 E. Carson Street.

2.                  MAKE the findings listed in the body of this report.

3.                  ACCEPT the dedications as indicated on said map.

4.                  APPROVE and ACCEPT the work agreements and improvement securities listed in the body of this report, following approval as to form by the City Attorney.

5.                  INSTRUCT the City Clerk to endorse the certificate that embodies the approval of said map on the face of Tract Map No. 71533.

ACTION:

DEMANDS

DEMANDS (Item 18)

ITEM NO. (18)                    RESOLUTION NO. 14-088 RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,160,627.29, DEMAND CHECK NUMBERS 117762 THROUGH 118312

ACTION: 

SPECIAL ORDERS OF THE DAY

 

SPECIAL ORDERS OF THE DAY (Item 19)

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. (19)                    PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION NO. 14-081 AUTHORIZING THE CITY OF CARSON TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT WITH THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF LITTLE BROTHERS BAKERY, LLC (COMMUNITY 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. 14-081, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT WITH THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF LITTLE BROTHERS BAKERY, LLC"

3.                  AUTHORIZE the Mayor to execute the Joint Exercise of Powers Agreement and Resolution No. 14-081 following approval as to form by the City Attorney.

ACTION:

UNFINISHED BUSINESS

UNFINISHED BUSINESS

UNFINISHED BUSINESS (Items 20-21)

ITEM NO. (20)                    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. (21)                    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:

NEW BUSINESS DISCUSSION

 

NEW BUSINESS DISCUSSION (Items 22-26)

ITEM NO. (22)                    NOVEMBER MEETING SCHEDULE DUE TO THE CONDUCT OF THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 (CITY CLERK) THIS IS A JOINT AGENDA ITEM WITH HOUSING AUTHORITY ITEM NO. 4 AND SUCCESSOR AGENCY ITEM NO. 4

RECOMMENDATION for the City Council:

1.                  CONSIDER the meeting schedule for the month of November and PROVIDE direction.

ACTION:

ITEM NO. (23)                    CONSIDER THE USE OF THE TWO REDUCED-COSTS EVENT PERMITS AT THE STUB HUB CENTER FOR 2015 (CITY MANAGER)

RECOMMENDATION for the City Council:

TAKE one of the following actions:

1.                  REFER to the Policy Committee, OR

2.                  DISCUSS and SELECT which two organizations/events will benefit from  the two reduced-costs event permits at the Stub Hub Center for 2015.

ACTION:

ITEM NO. (24)                    CONSIDERATION OF THE CITY OF CARSON APPLYING FOR THE 2015 ALL-AMERICA CITY AWARD (CITY MANAGER)

RECOMMENDATION for the City Council:

1.                  APPROVE staff moving forward to conduct further research to identify programs that meet the criteria for the 2015 All-America City Award.

ACTION:

ITEM NO. (25)                    CONSIDER THE ADOPTION OF RESOLUTION NO. 14-076, ADOPTING THE FY 2014/15 GENERAL FUND OPERATING BUDGET AND APPROVING APPROPRIATIONS FOR THE 2014/15 FISCAL YEAR    (ADMINISTRATIVE SERVICES)

RECOMMENDATION for the City Council:

1.                  WAIVE further reading and ADOPT Resolution No. 14-076, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE FY 2014/15 GENERAL FUND BUDGET AND APPROVING APPROPRIATIONS FOR THE 2014/15 FISCAL YEAR."

ACTION:

ITEM NO. (26)                    CONSIDERATION OF A FEE WAIVER FOR THE USE OF THE CONGRESSWOMAN JUANITA MILLENDER-MCDONALD COMMUNITY CENTER FOR A 5K WALK-A-THON SPONSORED BY THE ERASTO R. BATONGMALAQUE FOUNDATION (COMMUNITY SERVICES)

RECOMMENDATION for the City Council:

1.                  PROVIDE direction to staff regarding whether or not to waive fees for the use of the Congresswoman Juanita Millender McDonald Community Center in the City of Carson for the Erasto R. Batongmalaque Foundation to hold a 5K walk-a-thon on Sunday, October 19, 2014.

ACTION:

ORDINANCE SECOND READING

 

ORDINANCE SECOND READING: (Items 27-28)

ITEM NO. (27)                    ORDINANCE NO. 14-1539:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING AN AMENDMENT TO THE ZONING ORDINANCE OF THE CARSON MUNICIPAL CODE REGARDING MULTIPLE DWELLING UNITS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES (COMMUNITY DEVELOPMENT)

ITEM NO. (28)                    ORDINANCE NO. 14-1541: AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA AMENDING SECTIONS 6339, 6351 AND 6396 OF ARTICLE VI, CHAPTER 3 OF THE CARSON MUNICIPAL CODE RELATING TO BUSINESS LICENSE REQUIREMENTS (ADMINISTRATIVE SERVICES)

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 CONSIDERATION OF A FEE WAIVER FOR THE USE OF THE VETERANS SPORTS COMPLEX DREAMMAKER BASKETBALL TOURNAMENT BE ADDED TO A FUTURE MEETING

UNFINISHED-CONTINUED EXECUTIVE SESSION ITEMS (CLOSED SESSION)

 

CONCLUDING COMMUNICATIONS (STAFF)

 

CONCLUDING COMMUNICATIONS (COUNCILMEMBERS)

 

UNFINISHED/CONTINUED CLOSED SESSION ITEMS

 

ADJOURNMENT