City Council

CITY OF CARSON TUESDAY, NOVEMBER 20, 2018 HOUSING AUTHORITY/ 701 East Carson Street SUCCESSOR AGENCY/ Helen Kawagoe Council Chambers CITY COUNCIL AGENDA Albert Robles, Mayor Jawane Hilton, Mayor Pro Tem Elito M. Santarina, Councilmember Lula Davis-Holmes, Councilmember Cedric L. Hicks, Councilmember Donesia L. Gause, 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. 2018-774 EMPLOYMENT PERFORMANCE EVALUATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 54957, to conduct an employee evaluation for the position of City Manager. Item No. 2. 2018-836 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 54956.9 (d)(2) or (d)(3) & (e)(1) because there is a significant exposure to litigation in five cases. CITY OF CARSON Page 1 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 3. 2018-798 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 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: Margaret Utu vs. City of Carson, Case #10286421, Long Beach WCAB (Worker's Compensation Appeals Board) Item No. 4. 2018-838 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 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: Colony Cove Properties, LLC v. City of Carson, et al., U.S. Supreme Court Case No. 18-573. Item No. 5. 2018-842 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 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 v. Board of Trustees of California State University, et al., Los Angeles Superior Court Case No. BS172187 Item No. 6. 2018-841 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigations to which the City is a party. The titles of such litigations are as follows: USA WASTE OF CALIFORNIA, INC v. CITY OF CARSON, Los Angeles Superior Court Case No. BS172744; and USA WASTE OF CALIFORNIA, INC v. CITY OF CARSON, Los Angeles Superior Court Case No. BS173569. CITY OF CARSON Page 2 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 7. 2018-845 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 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: Rand Resources, LLC, et al v City of Carson, et al; Case Number BC564093; LA Superior Court. Item No. 8. 2018-616 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (CITY COUNCIL) Recommendation: A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Prologis, and to give direction to its negotiators, Kenneth C. Farfsing, City Manager, David Roberts, Assistant City Manager and John Raymond, Assistant City Manager, regarding that certain real property known as 18620 S. Broadway Street. The City's real property negotiator will seek direction from the City Council regarding price and terms of payment for the property. Item No. 9. 2018-846 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (SUCCESSOR AGENCY) Recommendation: A closed session will be held, pursuant to Government Code Section 54956.8, to enable Successor Agency to consider negotiations with Macerich, with whom the Successor Agency is negotiating, and to give direction to its negotiators Kenneth C . Farfsing, Executive Director and John Raymond, Director of Community Development, regarding that certain real property known as Assessor Parcel Nos. 7336-010-903 and 7336-010-904. The Successor Agency's real property negotiator will seek direction from the Agency member regarding the price, payment terms for purchase, sale or lease. RECONVENE TO OPEN SESSION AT 6:00 P.M. REPORT ON CLOSED SESSION ACTIONS FLAG SALUTE: Item No. 10. 2018-853 ISABELLA SALAMANCA, 6TH GRADE, ATTENDING CAROLDALE LEARNING COMMUNITY STEAM ACADEMY AND WHY I LIKE CARSON ESSAY-WRITING CONTEST WINNER CITY OF CARSON Page 3 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 INVOCATION: Item No. 11. 2018-857 REV. JOE HERNANDEZ, MISSION EBENEZER FAMILY CHURCH INTRODUCTIONS Item No. 12. 2018-786 REPORT FROM CAPTAIN SKEEN OF CARSON SHERIFF'S STATION Item No. 13. 2018-848 RECOGNITION OF THE 80TH BIRTHDAY OF JESSIE BEATRICE JONES ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) (LIMITED TO ONE HOUR) The public may 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 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. Speakers are limited to no more than three minutes, speaking once. Oral communications will be limited to one (1) hour unless extended by order of the Mayor with approval of the City Council. APPROVAL OF MINUTES: Item No. 14. 2018-850 APPROVAL OF THE SEPTEMBER 4, 2018 CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY REGULAR MEETING MINUTES Recommendation: Approve the minutes as listed. Attachments: 2018 SEPT 4 CC-CSA-CHA Reg Mtg (minutes-FINAL) - js CONSENT: (Items 15-21) These items are considered to be routine items of business and have, therefore, been placed on the CONSENT CALENDAR. Any item or items may be removed for discussion. For items remaining on the CONSENT CALENDAR, a single motion to ADOPT the recommended action is in order. CITY OF CARSON Page 4 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 15. 2018-849 Resolution No. 18-157, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $617,137.28, DEMAND CHECK NUMBERS 142934 THROUGH 143206 Attachments: AP CK LISTING 11-1-18 TO 11-8-18 Item No. 16. 2018-835 CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON, CARSON HOUSING AUTHORITY, FORMER CARSON SUCCESSOR AGENCY-MONTH ENDING OCTOBER 31, 2018 (CITY COUNCIL) Recommendation: RECEIVE and FILE. Attachments: Cash rpt oct 2018 City of Carson Oct 2018 City of Carson compliance Oct 2018 Successor Agency Oct 2018 Succesor Agency Compliance Oct 2018 Housing authority Oct 2018 Housing Bonds Oct 2018 Housing compliance oct 2018 Item No. 17. 2018-834 CONSIDERATION OF RESOLUTION NO. 2018-156, AMENDING THE FISCAL YEAR 2018-2019 GENERAL FUND BUDGET FOR THE COMPLETION OF THE COMMUNITY SURVEY (CITY COUNCIL) Recommendation: 1. APPROVE an appropriation of $4,500 for the additional survey work. 2. WAIVE further reading and ADOPT Resolution No. 2018-156, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FISCAL YEAR 2018-2019 GENERAL FUND BUDGET FOR COMPLETION OF THE COMMUNTY SURVEY." Attachments: RESOLUTION 18-156 CITY OF CARSON Page 5 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 18. 2018-764 CONSIDER THE ADOPTION OF RESOLUTION NO. 18-147 AUTHORIZING THE DESTRUCTION OF RECORDS (CITY COUNCIL) Recommendation: WAIVE further reading and ADOPT Resolution No. 18-147, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF SPECIFIED CITY HUMAN RESOURCES RECORDS." Attachments: Exhibit 2 - Resolution 18-147 Exhibit 1 - Records Destruction Authorization Form Item No. 19. 2018-731 CONSIDERATION OF RESOLUTION NO. 18-163, AMENDING THE CLASSIFICATION PLAN, RESOLUTION NO. 77-111, BY ADOPTING REVISED JOB CLASSIFICATION SPECIFICATIONS FOR ASSOCIATE PLANNER - EMERGENCY SERVICES AND THE RECLASSIFICATION OF THE ASSOCIATE PLANNER - PLANNING DEPARTMENT TO THE NEW CLASSIFICATION (CITY COUNCIL) Recommendation: 1. WAIVE further reading and ADOPT Resolution No. 18-163, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN, RESOLUTION NO. 77-111, BY ADOPTING A REVISED JOB CLASSIFICATION SPECIFICATION FOR ASSOCIATE PLANNER - EMERGENCY SERVICES AND THE RECLASSIFICATION OF THE ASSOCIATE PLANNER IN THE PLANNING DEPARTMENT TO THE NEW JOB CLASSIFICATION." Attachments: Exhibit 1 - Associate Planner - Emergency Services Job Specs Exhibit 2 - Resolution 18-163 CITY OF CARSON Page 6 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 20. 2018-847 CONSIDER AN EXCLUSIVE RIGHT TO NEGOTIATE WITH GRAPEVINE DEVELOPMENT, LLC, FOR THE DEVELOPMENT OF A HOSPITALITY/ ENTERTAINMENT CENTER ON CELL 1 OF A 157-ACRE PARCEL OWNED BY THE CARSON RECLAMATION AUTHORITY, THE FORMER CAL-COMPACT LANDFILL, AND A TIME-LIMITED RIGHT TO PROPOSE ON CELLS 3, 4, AND 5 (CITY COUNCIL) Recommendation: 1. APPROVE an Exclusive Negotiating Agreement with Grapevine, LLC. 2. AUTHORIZE the Mayor to execute all documents related to the Agreement in a form acceptable to the City Attorney. Attachments: Grapevine - Exclusive Right to Negotiate Item No. 21. 2018-855 CONSIDER APP R O P R I A T I O N OF HOUSING AUTHORITY FUNDS TO THE FINANCIAL INCENTIVES ACCOUNT TO COMPLETE FUNDING OF THE BELLA VITA PROJECT (HOUSING AUTHORITY) Recommendation: APPROPRIATE $471,500.00 of Housing Authority funds to the Authority's financial incentive account to fund the final payment for the completed Bella Vita project. Sponsors: Community Services Attachments: CHA Budget Reso 18-20-CHA SPECIAL ORDERS OF THE DAY: (Items 22-23) 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. CITY OF CARSON Page 7 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 22. 2018-859 PUBLIC HEARING CONSIDERING INTRODUCTION OF ORDINANCE NO. 18-1824 APPROVING DEVELOPMENT AGREEMENT NO. 18-2018 BY AND BETWEEN THE CITY OF CARSON AND CALIFORNIA PROCESSING COMPANY, LLC, FOR A PROPOSED COMMERCIAL CANNABIS OPERATION CENTER LOCATED AT 2403 E. 223RD STREET (APN: 7315012900, 7315012804) AND; INTRODUCTION OF ORDINANCE NO. 18-1823 FOR ZONING TEXT AMENDMENT NO. 30-2018 TO EXPRESSLY PERMIT COMMERCIAL CANNABIS USES WITHIN COMMERCIAL ZONES SUBJECT TO APPROVAL OF A DEVELOPMENT AGREEMENT; AND, APPROVAL OF RESOLUTION NO. 18-161 CERTIFYING ASSOCIATED MITIGATED NEGATIVE DECLARATION (CITY COUNCIL) CITY OF CARSON Page 8 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Recommendation: Staff recommends Council DISCUSS and then CONSIDER whether to take the following actions (in the following order): 1. OPEN the public hearing, TAKE public testimony, and CLOSE the public hearing; and 2. APPROVAL OF RESOLUTION NO. 18-161, CERTIFYING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM, FOR THE CALIFORNIA PROCESSING COMPANY, LLC PROJECT, FOR WHICH AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and 3. INTRODUCE FOR FIRST READING, BY TITLE ONLY AND WITH FURTHER READING WAIVED, ORDINANCE NO. 18-1823, ZONING TEXT AMENDMENT NO. 30-2018, TO EXPRESSLY PERMIT COMMERCIAL CANNABIS USES WITHIN COMMERCIAL ZONES SUBJECT TO APPROVAL OF A DEVELOPMENT AGREEMENT; and 4. INTRODUCE FOR FIRST READING, BY TITLE ONLY AND WITH FURTHER READING WAIVED, UNCODIFIED ORDINANCE NO. 18-1824, APPROVING DEVELOPMENT AGREEMENT NO. 18-2018 BY AND BETWEEN THE CITY OF CARSON AND CALIFORNIA PROCESSING COMPANY, LLC, FOR A PROPOSED COMMERCIAL CANNABIS OPERATION CENTER LOCATED AT 2403 E. 223RD STREET (APN: 7315012900, 7315012804). OR 5. DENY the request by not taking action. Attachments: PC Mins. 10-30-18.draft Ex. 2.Ord. 18-1823.Cannabis - text amendment (commercial) (112018) Ex. 3 Merged Ex.4 Merged Ex. 5.Reso 18-128 Ex. 6.Reso 18-130 Setting the Interest Rate on Unpaid Cannabis Taxes Pursuant to CITY OF CARSON Page 9 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 23. 2018-862 PUBLIC HEARING CONSIDERING INTRODUCTION OF ORDINANCE 18-1826 APPROVING DEVELOPMENT AGREEMENT NO. 17-2018 BY AND BETWEEN THE CITY OF CARSON AND FOCAL STRATEGIC INVESTMENTS, LLC, FOR A PROPOSED COMMERCIAL CANNABIS OPERATION CENTER LOCATED AT 17505 S. MAIN STREET IN THE CITY OF CARSON (APN 7339003900) AND; INTRODUCTION OF ORDINANCE NO. 18-1825 FOR ZONING TEXT AMENDMENT NO. 29-2018 TO EXPRESSLY PERMIT COMMERCIAL CANNABIS USES WITHIN INDUSTRIAL ZONES SUBJECT TO APPROVAL OF A DEVELOPMENT AGREEMENT; AND, APPROVAL OF RESOLUTION CERTIFYING ASSOCIATED MITIGATED NEGATIVE DECLARATION (CITY COUNCIL) CITY OF CARSON Page 10 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Recommendation: Staff recommends Council DISCUSS and then CONSIDER whether to take the following actions (in the following order): 1. OPEN the public hearing, TAKE public testimony, and CLOSE the public hearing; and 2. APPROVAL OF RESOLUTION NO. 18-162, CERTIFYING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM, FOR THE FOCAL STRATEGIC INVESTMENTS, LLC PROJECT, FOR WHICH AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and 3. INTRODUCE FOR FIRST READING, BY TITLE ONLY AND WITH FURTHER READING WAIVED, ORDINANCE NO. 18-1825, ZONING TEXT AMENDMENT NO. 29-2018, TO EXPRESSLY PERMIT COMMERCIAL CANNABIS USES WITHIN INDUSTRIAL ZONES SUBJECT TO APPROVAL OF A DEVLOPMENT AGREEMENT; and 4. INTRODUCE FOR FIRST READING, BY TITLE ONLY AND WITH FURTHER READING WAIVED, UNCODIFIED ORDINANCE NO. 18-1826, APPROVING DEVELOPMENT AGREEMENT NO. 17-2018 BY AND BETWEEN THE CITY OF CARSON AND FOCAL STRATEGIC INVESTMENTS, LLC, FOR A PROPOSED COMMERCIAL CANNABIS OPERATION CENTER LOCATED AT 17505 S. MAIN STREET IN THE CITY OF CARSON (APN 7339003900); and OR 5. DENY the request by not taking action on the item. Attachments: PC Mins. 10-30-18.draft Ex. 2.Text amendment Ord (industrial) (112018) Ex 3 Merged EX.4A MERGED FINAL Ex. 5.Reso 18-128 Ex. 6.Reso 18-130 Setting the Interest Rate on Unpaid Cannabis Taxes Pursuant to DISCUSSION: (None) ORDINANCE SECOND READING: (Items 24-26) CITY OF CARSON Page 11 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 Item No. 24. 2018-861 ORDINANCE NO. 18-1812: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 3301 (ADDITION TO ANIMAL CONTROL ORDINANCE) OF CHAPTER 3 (POUND REGULATIONS) OF ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPAL CODE TO CLARIFY AND EXPRESSLY RESTATE AND REAFFIRM THE EXCEPTION FROM THE PROHIBITION OF DOGS IN PUBLIC PARKS FOR SERVICE DOGS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 AND SERVICE, SIGNAL AND GUIDE DOGS PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 54.1 AND 54.2 Attachments: Resolution No. 18-1812 Item No. 25. 2018-839 ORDINANCE NO. 18-1814: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CARSON COMMUNITY FACILITIES DISTRICT NO. 2018-01 (MAINTENANCE AND SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT Attachments: 18-1814 - CFD No. 2018-01 Special Tax Levy_v4 Item No. 26. 2018-718 ORDINANCE NO. 18-1815: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE III OF THE CARSON MUNICIPAL CODE TO ADD SECTIONS 3255 THROUGH 3255.7 (PARKING OF OVERSIZED VEHICLES) TO PART 6 (PARKING REGULATIONS) OF CHAPTER 2 (TRAFFIC REGULATIONS) OF ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPAL CODE, TO ESTABLISH PARKING RESTRICTIONS FOR OVERSIZED VEHICLES ON CITY STREETS Attachments: 18-1815 - Establish Parking Restrictions for Oversized Vehicles on City Streets (Seco CITY OF CARSON Page 12 Housing Authority/Successor Agency/City Council AGENDA TUESDAY, NOVEMBER 20, 2018 ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (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. COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS ORAL COMMUNICATIONS (COUNCIL MEMBERS) ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY) RECESS TO CLOSED SESSION RECONVENE TO OPEN SESSION REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS ADJOURNMENT CITY OF CARSON Page 13