City Council

CITY OF CARSON TUESDAY, JUNE 16, 2015 HOUSING AUTHORITY/ 701 East Carson Street SUCCESSOR AGENCY/ Helen Kawagoe Council Chambers 5:00 p.m. - Closed Session CITY COUNCIL AGENDA 6:00 p.m. - Regular Session Albert Robles, Mayor Elito M. Santarina, Mayor Pro Tem Lula Davis-Holmes, Councilmember Jim Dear, City Clerk Monica Cooper, City Treasurer “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) CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY ROLL CALL: CLOSED SESSION (5:00 P.M. - 6:00 P.M.) (ITEMS 1-9) ORAL COMMUNICATIONS – CLOSED SESSION ITEMS ONLY ANNOUNCEMENT OF CLOSED SESSION ITEMS RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. Item No. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (SUCCESSOR AGENCY) A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with Thomas Saffron and Andrew Gross, with whom City is negotiating, and to give direction to its negotiator(s) Cecil Rhambo, Acting City Manager and Saied Naaseh, Acting Community Development Director, regarding that certain real property known as Accessor Parcel Nos.7343-020-902, 7343-020-903 and 7343-020-904. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property. Item No. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (CITY COUNCIL) A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d) (3) & (e)(2) and (e)(5) because there is a significant exposure to litigation in one case. CITY OF CARSON Page 1 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (CITY COUNCIL) A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d) (3) & (e)(3) and (e)(4), because there is a significant exposure to litigation in one case. Item No. 4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (CITY COUNCIL) A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d) (3) & (e)(2) & (d)(4), because there is a significant exposure to litigation in one case. Item No. 5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (CITY COUNCIL) 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: Voice of San Diego vs. City of Carson, Case No. BS155366, L.A. Superior Court. Item No. 6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (CITY COUNCIL) 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: Aurelia Mascorro vs. City of Carson; Case No. TC028042, Superior Court-South Central District-Compton Courthouse. Item No. 7. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (CITY COUNCIL) 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: Alexy C. Rafael vs. City of Carson , Case No. BC582875, L.A. Superior Court. Item No. 8. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL) A closed session will be held, pursuant to Government Code § 54957.6, with Cecil Rhambo, Acting City Manager and Gail Dixon-McMahon, its negotiators(s), regarding labor negotiations with ACE, CPSA and AME. CITY OF CARSON Page 2 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (CITY COUNCIL) A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with Brian Faulkner, with whom City is negotiating, and to give direction to its negotiator(s) Cecil Rhambo, Acting City Manager, and Saied Naaseh, Acting Community Development Director, regarding that certain real property known as Assessor Parcel Nos. 7318018006, 7318018007, 7326001003, 7326001004, 7327002008, 7327002012, 7327002013, 7327002015, 7327002016, 7327002017, 7327002019, 7327002021. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property. CITY OF CARSON Page 3 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 RECONVENE: OPEN SESSION AT 6:00 P.M. REPORT ON CLOSED SESSION FLAG SALUTE: DELYLAH M. CANCINO, 232ND PLACE ELEMENTARY SCHOOL INVOCATION: PASTOR VERA LITTLE, INTERNATIONAL FAITH BASED CHAMBER INTRODUCTIONS A. REPORT FROM CAPTAIN MARKS B. HAROLD WILLIAMS, WEST BASIN WATER DISTRICT, UPDATE ON CALIFORNIA DROUGHT EMERGENCY C. RECOGNITION OF EMPLOYEES, ESTEFANIA JIMENEZ AND ANDREW AND RODRIGUEZ FOR ASSISTING DURING MEDICAL EMERGENCY AT HEMINGWAY AQUATIC CENTER 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, other than closed session matters, 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. APPROVAL OF MINUTES: NONE CITY OF CARSON Page 4 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 CONSENT (ITEMS 10-24) 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. 10. RES 15-049 Resolution No. 15-13-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $110,341.39, DEMAND CHECK NUMBERS SA-001551 THROUGH SA-001556 Item No. 11. RES 15-050 Resolution No. 15-15-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $31,090.50, DEMAND CHECK NUMBERS HA-001469 THROUGH HA-001474 Item No. 12. RES 15-051 Resolution No. 15-070, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $2,101,053.99, DEMAND CHECK NUMBERS 123261 THROUGH 123524 Item No. 13. 2015-400 CONSIDER A MONTH-TO-MONTH AGREEMENT WITH GOODWILL INDUSTRIES TO PROVIDE BUS STOP AND BUS SHELTER MAINTENANCE FOR THE CARSON CIRCUIT (CITY COUNCIL) Recommendation: APPROVE a month-to-month agreement with Goodwill Industries to provide routine clean-up and maintenance for the City of Carson's bus stops and bus shelters in the amount of $6,317.85 per month, or a total cost of $37,907.10, for the period July 1, 2015, through December 31, 2015. Attachments: Draft Agreement CITY OF CARSON Page 5 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 14. 2015-413 CONSIDER APPROVAL OF AN AGREEMENT WITH VINTAGE REAL ESTATE, LLC TO INCREASE THE LEVEL OF SERVICE PROVIDED BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT AND TO SHARE THE COST OF THE ADDITIONAL DEPUTIES TO ENHANCE SECURITY AT SOUTH BAY PAVILION (CITY COUNCIL) Recommendation: TAKE the following actions: 1. REVISE the Los Angeles County Sheriff's Department SH-AD 575 Deployment of Personnel form to increase deployment to the City by two Deputies. 2. APPROVE the agreement between the City of Carson and Vintage Real Estate, LLC to equally share the cost of providing additional Sheriff's personnel at South Bay Pavilion. 3. AUTHORIZE the Mayor to execute the agreement, following approval as to form by the City Attorney. Attachments: Concil action from May 18, 2015 - EX. 1 Draft agreement with Vintage Real Estate, LLC - EX. 2 Item No. 15. 2015-436 CONSIDERATION OF ORDINANCE NO. 15-1560, ADDING SECTIONS 27109.1 THROUGH 27109.8 TO THE CARSON MUNICIPAL CODE ESTABLISHING A BULLYING PREVENTION COMMISSION (CITY COUNCIL) Recommendation: WAIVE further reading and INTRODUCE Ordinance No. 15-1560, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING SECTIONS 27109.1 THROUGH 27109.8 TO ARTICLE II, CHAPTER 7, OF THE CARSON MUNICIPAL CODE, ESTABLISHING A BULLYING PREVENTION COMMISSION." Attachments: Ordinance No. 15-1560 Changing Bullying Prevention Committee to Commission CITY OF CARSON Page 6 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 16. 2015-462 CONSIDER RENEWAL OF COMMERICAL GENERAL LIABILITY, EXCESS WORKERS' COMPENSATION AND PROPERTY INSURANCE POLICIES FOR FY 2015/16 (CITY COUNCIL) Recommendation: TAKE the following actions: 1. APPROVE BRIT (Lloyd's of London Syndicate) to provide $10 million primary coverage, including terrorism, for the city's Commercial General Liability Insurance for Municipal General, Public Officials Errors and Omissions, and Automobile Liability for FY 2015/16, at an annual premium of $239,785.00. 2. APPROVE Arch Insurance Company and BRIT to provide coverage for the city's Excess Workers' Compensation Insurance for FY 2015/16, at an annual premium of $91,190.00 3. APPROVE Affiliated FM Insurance Company to provide coverage for the city's Property Insurance, including terrorism, for FY 2015/16, at an annual premium of $70,615.00 4. APPROVE The Hartford Company to provide coverage for the city's volunteers for FY 2015/16, at an annual premium of $340.00. Attachments: Renewal Proposal Summary for FY 2015_16 - 2015-462 Final Program Premium Cost Summary - 2015-462 CITY OF CARSON Page 7 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 17. 2015-467 CONSIDER APPROVAL OF AN UNDERWRITER TEAM FOR THE ISSUANCE OF THE CARSON SUCCESSOR AGENCY 2015A REFUNDING BONDS AND APPROVAL OF RELATED CONSULTANT CONTRACTS NEEDED TO EFFECTUATE THE REFUNDING OF THE BONDS (SUCCESSOR AGENCY) Recommendation: TAKE the following action: 1. APPROVE the Appointment of the underwriting team made up of Piper Jaffray as senior manager with FTN Financial and BOSC, Inc. as co-managers, for the refinancing of the 2015A Bonds and certain bonds issued in 2009, if feasible. 2. APPROVE the consultant contract by and between the Agency and Jones Hall, professional law corporation, for disclosure counsel services in connection to the refinancing of the 2015A Bonds and certain bonds issued in 2009, if feasible. 3. APPROVE the first amendment to the consultant retainer agreement by and between the Agency and DHA Consulting, LLC. for fiscal consultant services in connection to the refinancing of the 2015A Bonds and certain bonds issued in 2009, if feasible. Attachments: Exhibit No. 1 - Contract by and between the Agency and Jones Hall Exhibit No. 2 - First Amendment to consultant retainer agreement by and between th Item No. 18. 2015-474 CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES PROBATION DEPARTMENT AND THE CITY OF CARSON TO PROVIDE GANG ALTERNATIVE PREVENTION PROGRAM SERVICES FROM JULY 1, 2015 THROUGH JUNE 30, 2016 (CITY COUNCIL) Recommendation: TAKE the following actions: 1. APPROVE the agreement with the County of Los Angeles Probation Department to provide Gang Alternative Prevention Program (GAPP) services to the City of Carson, in the amount of $77,000.00, from July 1, 2015 through June 30, 2016. 2. AUTHORIZE the Mayor to execute the GAPP services agreement for FY 2015/16, following approval as to form by the City Attorney. Sponsors: Community Services Attachments: L.A. County Probation Department contract FY2015-16 CITY OF CARSON Page 8 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 19. 2015-489 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 15-074 AUTHORIZING THE ACTING DIRECTOR OF FINANCE TO EXPEND FUNDS PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL GENERAL FUND BUDGET (CITY COUNCIL) Recommendation: WAIVE further reading and ADOPT Resolution No. 15-074, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GIVING THE ACTING DIRECTOR OF FINANCE LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE CITY, SUBJECT TO THE CITY COUNCIL'S APPROVAL OF THE DEMAND REGISTER AS REQUIRED BY LAW, PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL GENERAL FUND BUDGET AND APPROVAL OF THE ANNUAL APPROPRIATIONS." Attachments: Exhibit No. 1 - Resolution No. 15-074 Item No. 20. 2015-490 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 15-075 AUTHORIZING THE ACTING DIRECTOR OF FINANCE TO EXPEND FUNDS PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL SPECIAL REVENUE FUNDS BUDGETS (CITY COUNCIL) Recommendation: WAIVE further reading and ADOPT Resolution No. 15-075, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GIVING THE ACTING DIRECTOR OF FINANCE LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE CITY SUBJECT TO THE CITY COUNCIL'S APPROVAL OF THE DEMAND REGISTER AS REQUIRED BY LAW, PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL SPECIAL REVENUE FUNDS BUDGETS AND APPROVAL OF THE ANNUAL APPROPRIATIONS FOR EACH FUND." Attachments: Reso No. 15-075 15-16 expend SRF funds (6-16-15) CITY OF CARSON Page 9 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 21. 2015-491 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 15-15-CSA AUTHORIZING THE ACTING DIRECTOR OF FINANCE TO EXPEND FUNDS PENDING ADOPTION OF THE FY 2015/16 ANNUAL CARSON SUCCESSOR AGENCY FUNDS BUDGETS (SUCCESSOR AGENCY) Recommendation: WAIVE further reading and ADOPT Resolution No. 15-15-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY GIVING THE ACTING DIRECTOR OF FINANCE LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE AGENCY, SUBJECT TO THE AGENCY BOARD'S APPROVAL OF THE DEMAND REGISTER AS REQUIRED BY LAW, PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL CARSON SUCCESSOR AGENCY FUNDS BUDGETS AND APPROVAL OF THE ANNUAL APPROPRIATIONS. Attachments: Exhibit No. 1 - Resolution No. 15-15-CSA Item No. 22. 2015-492 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 15-17-CHA AUTHORIZING THE ACTING DIRECTOR OF FINANCE TO EXPEND FUNDS PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL HOUSING AUTHORITY FUND BUDGET (HOUSING AUTHORITY) Recommendation: WAIVE further reading and ADOPT Resolution No. 15-17-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY GIVING THE ACTING DIRECTOR OF FINANCE LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE AUTHORITY, SUBJECT TO THE AUTHORITY'S APPROVAL OF THE DEMAND REGISTER AS REQUIRED BY LAW, PENDING ADOPTION OF THE FISCAL YEAR 2015/16 ANNUAL CARSON HOUSING AUTHORITY FUND BUDGET AND APPROVAL OF THE ANNUAL APPROPRIATION. Attachments: Exhibit No. 1 - Resolution 15-17-CHA CITY OF CARSON Page 10 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 23. 2015-494 RESPONSE LETTER FROM CVS REGARDING THE CONCERN FOR APPROPRIATE CUSTOMER SERVICE AT CVS STORE NUMBER 8839 (CITY COUNCIL) Recommendation: RECEIVE and FILE direction. Attachments: Ex. 1 Letter to CVS Ex. 2 Letter from CVS Item No. 24. 2015-501 CONSIDERATION OF RESOLUTION NO. 15-078 OF THE CITY COUNCIL OF CARSON, CALIFORNIA, SUPPORTING SENATE BILL 16 ON TRANSPORTATION FUNDING (CITY COUNCIL) Recommendation: TAKE the following actions: 1. WAIVE further reading and ADOPT Resolution No. 15- 078, "CONSIDERATION OF RESOLUTION NO. 15-078 OF THE CITY COUNCIL OF CARSON, CALIFORNIA, SUPPORTING SENATE BILL 16 ON TRANSPORTATION FUNDING"; 2. DIRECT staff to transmit an executed copy of the resolution to Senator Jim Beall, Chairman of the Senate Transportation Committee and author of SB 16. Attachments: Exhibit No. 1 - Resolution No. 15-078 Exhibit No. 2 - Memo from Townsend CITY OF CARSON Page 11 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 SPECIAL ORDERS OF THE DAY (ITEMS 25-31) 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. 25. 2015-452 A JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION NO. 15-14-CHA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON HOUSING AUTHORITY AND AFFIRMED HOUSING GROUP, INC. (HOUSING AUTHORITY) THIS IS A JOINT AGENDA ITEM WITH THE CITY COUNCIL Recommendation: TAKE the following actions: 1. OPEN the joint Public Hearing, TAKE public testimony, and CLOSE the joint Public Hearing. 2. WAIVE further reading and ADOPT Resolution No. 15-14 -CHA, "A RESOLUTION OF THE CARSON HOUSING AUTHORITY OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON HOUSING AUTHORITY AND AFFIRMED HOUSING GROUP, INC., A DELAWARE CORPORATION, RELATING TO THE DEVELOPMENT OF 401 E. SEPULVEDA BOULEVARD." 3. AUTHORIZE the Authority Chairman to execute the Disposition and Development Agreement following approval as to form by Authority Counsel. Attachments: Exhibit No. 1 - Resolution No. 15-14-CHA Exhibit No. 2 - Disposition and Development Agreement Exhibit No. 3 - Vicinity Map Exhibit No. 4 - Site Plan Exhibit No. 5 - Fair Reuse Analysis Exhibit No. 6 - Summary Report Pursuant to HSC Section 33433 CITY OF CARSON Page 12 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 26. 2015-453 A JOINT PUBLIC HEARNIG TO CONSIDER APPROVAL OF RESOLUTION NO. 15-071 APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON HOUSING AUTHORITY AND AFFIRMED HOUSING GROUP, INC. (CITY COUNCIL) THIS IS A JOINT AGENDA ITEM WITH THE HOUSING AUTHORITY Recommendation: TAKE the following actions: 1. OPEN the joint Public Hearing, TAKE public testimony, and CLOSE the joint Public Hearing. 2. WAIVE further reading and ADOPT Resolution No. 15-071, "A RESOLUTION OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CARSON HOUSING AUTHORITY AND AFFIRMED HOUSING GROUP, INC., A DELAWARE CORPORATION, RELATING TO THE DEVELOPMENT OF 401 E. SEPULVEDA BOULEVARD." 3. AUTHORIZE the Mayor to execute the Disposition and Development Agreement following approval as to form by City Attorney. Attachments: Exhibit No. 1 - Resolution No. 15-071 Item No. 27. 2015-463 PUBLIC HEARING TO INTRODUCE ORDINANCE NO. 15-1563 REGARDING THE ESTABLISHMENT OF STANDARDS FOR TEMPORARY OFF-SITE REAL ESTATE DIRECTIONAL SIGNS FOR RESIDENTIAL OPEN HOUSE EVENTS (CITY COUNCIL) Recommendation: TAKE the following actions: 1. OPEN the public hearing, TAKE public testimony, CLOSE the public hearing, and CONTINUE the public hearing. Attachments: Exhibit No. 1 - Proposed Ordinance 15-1563 Exhibit No. 2 - PC Staff Report for 5-26-15 Exhibit No. 3 - RESO 15-2544 CITY OF CARSON Page 13 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 28. 2015-464 PUBLIC HEARING TO CONSIDER RESOLUTION NO. 15-069 REVERSING PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT NO. 971-15 TO ALLOW SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH CINEMARK MOVIE THEATER OR REFER THE MATTER BACK TO THE PLANNING COMMSSION WITH INSTRUCTIONS, LOCATED AT 20700 SOUTH AVALON BOULEVARD (CITY COUNCIL) Recommendation: TAKE the following actions: 1. OPEN the Public Hearing, TAKE public testimony, CLOSE the Public Hearing. 2. TAKE the one of the following actions: A. Refer the matter back to the Planning Commission for further consideration with instructions. OR B. WAIVE further reading and ADOPT Resolution No. 15-069 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO. 971-15 AND APPROVE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH CINEMARK MOVIE THEATER LOCATED AT 20700 SOUTH AVALON BOULEVARD." Attachments: Exhibit No. 1 - Planning Commission Staff Report and Minutes from May 26, 2015 Exhibit No. 2 - Letter of Appeal from Mayor Robles Exhibit No. 3 - Map of other theaters that sell onsite beer and wine Exhibit No. 4 - Alcohol Service Policy Exhibit No. 5 - Cinemark Theatres Summary Exhibit No. 6 - RESO 15-069 Approving CUP 971-15 CITY OF CARSON Page 14 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 29. 2015-469 PUBLIC HEARING TO CONSIDER RESOLUTION NO. 15-066 CONFIRMING OR REVERSING PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 973-15 TO ALLOW SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH A 7-ELEVEN CONVENIENCE STORE OR REFER THE MATTER BACK TO THE PLANNING COMMSSION WITH INSTRUCTIONS, LOCATED AT 20761 SOUTH AVALON BOULEVARD (CITY COUNCIL) Recommendation: TAKE the following actions: 1. OPEN the Public Hearing, TAKE public testimony, CLOSE the Public Hearing. 2. TAKE the one of the following actions: WAIVE further reading and ADOPT Resolution No. 15-066 A. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CONFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 973-15 & VARIANCE NO. 556-15 TO ALLOW SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH A CONVENIENCE STORE LOCATED AT 20761 SOUTH AVALON BOULEVARD." OR B. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 973-15 & VARIANCE NO. 556-15 AND DENY SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH A CONVENIENCE STORE LOCATED AT 20761 SOUTH AVALON BOULEVARD." OR C. Refer the matter back to the Planning Commission for further consideration with instructions. CITY OF CARSON Page 15 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Attachments: Exhibit No. 1 - CC Staff Report June 3 2015 Exhibit No. 2 - CC Staff Report Reso Exhibit No. 3 - Appeal Exhibit No. 4 - Reso Confirm Exhibit No. 5 - Reso Reverse Exhibit No. 6 - Map Exhibit No. 7 - Letter from Applicant Item No. 30. 2015-482 PUBLIC HEARING TO CONSIDER ORDINANCE NUMBER 15-1564 TO APPROVE GENERAL PLAN AMENDMENT NO. 95-14 , ZONE CHANGE NO. 172-14, SPECIFIC PLAN NO. 12-14 AND MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 357-UNIT RESIDENTIAL MIXED-USE DEVELOPMENT LOCATED AT 21521-21601 S AVALON BOULEVARD (CITY COUNCIL) Recommendation: TAKE the following actions: 1. OPEN the public hearing, TAKE public testimony, CLOSE the public hearing. 2. WAIVE further reading and INTRODUCE Ordinance No. 15-1564, entitled "A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON ADOPTING THE AVALON SPECIFIC PLAN NO. 12-14, GENERAL PLAN AMENDMENT NO. 95-14 AND ZONE CHANGE NO. 172-14, FOR THE CONSTRUCTION OF A 357-UNIT RESIDENTIAL MIXED-USE DEVELOPMENT ON 5.5 ACRES." Attachments: Exhibit No. 1 - Draft Ordinance adopting Avalon Specific Plan, General Plan Amendm Exhibit No. 2 - FINAL MNP Exhibit No. 3 - PC Staff Report and Resolution Exhibit No. 4 - PC Minutes from May 26, 2015 CITY OF CARSON Page 16 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 31. 2015-488 PUBLIC HEARING TO CONSIDER FISCAL YEAR 2015/16 ACTING CITY MANAGER'S PROPOSED GENERAL FUND BUDGET (CITY COUNCIL) Recommendation: TAKE the following actions: 1) OPEN the Public Hearing and TAKE public testimony on the Proposed FY 2015/16 General Fund Budget. 2) CONTINUE the Public Hearing on the Proposed FY 2015/16 General Fund Budget to July 21, 2015. 3) PROVIDE direction regarding budget reports to be prepared. 4) PROVIDE direction on holding a Council Budget Workshop prior to finalizing the FY 2015/16 General Fund Budget, prior to the proposed July 21, 2015 Public Hearing. DISCUSSION (ITEMS 32-37) Item No. 32. 2015-416 FURTHER CONSIDERATION OF AN APPOINTMENT TO FILL THE VACANCY ON THE CITY COUNCIL CREATED BY THE APPOINTMENT OF MAYOR ROBLES (CITY COUNCIL) Recommendation: CONSIDER and PROVIDE direction. Attachments: Exhibit 1 Letters of Intent CITY OF CARSON Page 17 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 33. 2015-461 CONSIDER AN AWARD OF A CONSTRUCTION CONTRACT TO POWELL CONSTRUCTORS, INC.; CONSIDER A UTILITY RELOCATION ADVANCE PAYMENT TO CALIFORNIA WATER SERVICE COMPANY; AND CON S I D E R THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC.; FOR PROJECT NO. 1043: CARSON STREET MASTER PLAN (SUCCESSOR AGENCY) CITY OF CARSON Page 18 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Recommendation: TAKE the following actions: 1. AWARD a construction contract to Powell Constructors, Inc., the lowest responsive and responsible bidder for Project No. 1043: Carson Street Master Plan, in the amount of $16,937,335.00, subject to the Project Labor Agreement. 2. AUTHORIZE the expenditure of a construction contingency, if necessary, in the amount of $2,540,600.25 (15%) for any unforeseen construction work such as the removal and remediation of contaminated soil, substructure conflict, and any soil and material testing that may be required to complete this project. 3. AUTHORIZE the Chairman to execute the Construction Contract with Powell Constructors, Inc., following approval as to form by the Agency Counsel. 4. AUTHORIZE a utility relocation advance payment for Project No. 1043: Carson Street Master Plan in the amount of $453,619.47 to California Water Service Company. 5. APPROVE the First Amendment to the Professional Services Agreement between the Carson Successor Agency and AndersonPenna Partners, Inc. for the additional construction management and inspection services needed to complete Project No. 1043: Carson Street Master Plan for a negotiated fee not-to-exceed $200,000.00. 6. AUTHORIZE the Chairman to execute the First Amendment to the Professional Services Agreement between the Carson Successor Agency and AndersonPenna Partners, Inc., following approval as to form by the Agency Counsel. 7. APPROPRIATE $7,911,749.72 from the unspent balance of the Carson Successor Agency bond funds to augment the fund currently budgeted for Project No. 1043: Carson Street Master Plan. 8. ADOPT a Mitigated Negative Declaration finding for the proposed Project No. 1043: Carson Street Master Plan pursuant to the Guidelines for Implementation of the California Environmental Quality Act. CITY OF CARSON Page 19 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Attachments: Exh 1 location map.pdf Exh 2 11-05-14.pdf exh 3 CWSC.pdf exh 4 andersonpenna.pdf exh 5 12-07-10.pdf exh 6 09-17-13.pdf exh 7 01-08-14.pdf exh 8 05-06-14.pdf exh 9 07-15-14.pdf exh 10 first amendment with andersonpenna.pdf exh 11 negative declaration.pdf Item No. 34. 2015-466 AWARD OF WORKERS' COMPENSATION THIRD PARTY ADMINISTRATOR SERVICES FOR FY 2015/16, FY 2016/17 AND FY 2017/18 (CITY COUNCIL) Recommendation: AWARD a three-year contract for workers' compensation Third Party Administrator services to AdminSure for the period of July 1, 2015 through June 30, 2018 with the option to extend the contract for an additional two-year period (in one-year increments) through June 30, 2020 and authorize the Mayor to execute the contract. Attachments: Sample Evaluation Form - 2015-466 Draft Agreement for TPA Admin Svc - 2015-466 WC Settlement Account Savings - 2015-466 CITY OF CARSON Page 20 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 35. 2015-487 CONSIDER APPOINTMENTS BY MAYOR ROBLES, TO, AND/OR REMOVAL FROM, COMMISSIONS, COMMITTEES, AND BOARDS BY MAYOR AND CITY COUNCIL (CITY COUNCIL) Recommendation: TAKE the following actions: 1. Mayor 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 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. Attachments: Exhibit No. 1 - List of CC&B dated 6-9-15 Exhibit No. 2 - Ord. No. 13-1516 Exhibit No. 3 - Ord. No. 13-1519 Exhibit No. 4 - Ord. No. 13-1520 Exhibit No. 5 - Reso. No. 13-046 Exhibit No. 6 - Ord. No. 13-1523 Item No. 36. 2015-493 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 (CITY COUNCIL) Recommendation: CONSIDER and DISCUSS. Attachments: Exhibit 1_Carousel Tract Timeline CITY OF CARSON Page 21 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 Item No. 37. 2015-500 CONSIDERATION OF RESOLUTION NO. 15-077, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 2015, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW (CITY COUNCIL) Recommendation: WAIVE further reading and ADOPT Resolution No. 15-077 with detailed information that will be reported during the June 15, 2015 Council meeting, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 2015, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW." Attachments: Resolution No. 15-077 Election Results ORDINANCE SECOND READING (ITEMS 38-39) Item No. 38. ORDINANCE NO. 15-1559 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ADOPTING THE SEPULVEDA AND PANAMA SPECIFIC PLAN NO. 13-15, GENERAL PLAN AMENDMENT NO. 96-15 ZONE CHANGE AMENDMENT NO. 173-15, AND FINAL MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 65-UNIT RESIDENTIAL MIXED-USE DEVELOPMENT ON 1.22 ACRES Item No. 39. ORDINANCE NO. 15-1562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, REPEALING EXISTING MUNICIPAL CODE § 2404 REGARDING THE MANNER OF PREPARING AGENDAS, AND ADDING NEW MUNICIPAL CODE § 2404 REGARDING THE MANNER OF PREPARING AGENDAS A. 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 three minutes each, speaking once. B. COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS C. ORAL COMMUNICATIONS (COUNCIL MEMBERS) ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY) CITY OF CARSON Page 22 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, JUNE 16, 2015 RECESS TO CLOSED SESSION RCONVENE TO OPEN SESSION ADJOURNMENT CITY OF CARSON Page 23