Subaccount
Program (SCAP)
environmental cleanup related to historic dry -
cleaner contamination on the site.
5 EPA Community
Wide Assessment
(CWA)
Provides funding to assess
multiple properties across the city
to better understand
environmental conditions and
support redevelopment efforts.
Awarded in 2024, the grant currently funds
environmental assessments for 7 sites.
Assessments for 2 of these sites are complete and
the properties are ready for reuse.
6 EPA Revolving Loan
Fund
Provides low -interest loans and
subgrants for environmental
cleanups and infrastructure.
Awarded in 2025. A consultant has been procured
to provide grant management and technical
support services.
7 EPA Brownfield Job
Training Grant
(BFJT)
Expands local workforce
opportunities by providing training
for residents pursuing
environmental careers. Training is
conducted in partnership with the
South Bay Workforce Investment
Board.
Awarded in 2026 – the SBWIB subaward
agreement has been approved by Council on 7/21.
8 DTSC Equitable
Community
Revitalization Grant
(ECRG) – Site
Specific
Investigations
The ECRG site -specific grant
focuses on individual properties
with known or suspected
environmental issues, providing
funding to investigate and
determine cleanup needs.
Awarded for the Sywest site in Rounds 1 and 2,
with an additional award in Round 2 for the
Carson & Figueroa site. Phase 2 environmental
assessments are currently ongoing for these
properties.
9 DTSC Equitable
Community
Revitalization Grant
(ECRG) –
Community Wide
Assessments (CWA)
The ECRG CWA grant supports a
broader, citywide approach,
funding assessments across
multiple sites and enabling
community engagement and
outreach efforts related to
brownfield redevelopment such as
the Story Map and Fellowship
development.
Awarded for 5 sites in Round 2 with
environmental assessments underway.
10 DTSC Community
Wide Assessment
Grant (CWAG)
A US EPA funded grant award to
DTSC to conduct environmental
assessments for sites throughout
the state.
On April 20, staff submitted four Carson sites for
funding consideration under the DTSC
Community-Wide Assessment Grant. If awarded,
DTSC will oversee the environmental assessments
and provide the City with project updates.
11 Brownfield
Fellowship
The City of Carson launched its
first Brownfield Fellowship
Program in collaboration with
CSUDH’s Office of Sustainability
to give students exposure to
environmental remediation and
land-reuse concepts through
expert-led lectures. Funded by
Fellows created a “Perfect Pitch” for a potential
brownfield redevelopment project in Carson,
outlining site history, cleanup needs, reuse
concepts, funding options, community
engagement, and an implementation timeline.
They presented their proposals at CSUDH’s Earth
Day event, where the top three were selected.
Community and Economic Development Project Status Report August 4, 2026
CITY COUNCIL
DTSC ECRG community wide
assessment grant.
12 Brownfield Story
Map & Video
Funded by the DTSC ECRG CWA
grant, this project will produce a
public-facing story map highlighting
the City’s brownfield program, its
grant initiatives, and
redevelopment success stories. The
story map and accompanying video
are being developed in
collaboration with CSUDH.
The project is in its final design phase and is
expected to be completed in August 2026, with
publication on the City’s brownfield website
shortly thereafter.
13 Grow America -
Grow Carson Fund
Under Grow America, this
program provide access to capital
for eligible businesses while Grow
America administers all
underwriting, loan servicing, and
program management.
Staff is working with Grow America to explore
reestablishing the Grow Carson Fund, a small
business loan program that leverages City
contributions to significantly expand financing
available to Carson businesses. This will be an
intradepartmental effort between Real Property
Services & Economic Development.
14 SCIP / BOLD
Programs
These financing programs provide
developers with access to tax -
exempt bond financing to fund
eligible public infrastructure and
development impact fees through
Community Facilities Districts
without reducing or waiving City
fees.
Staff is coordinating with developers to evaluate
potential participation in the SCIP/BOLD financing
programs, which would allow eligible
development impact fees to be financed through
annexation into a Community Facilities District.
15 Opportunity Zone
2.0 Evaluation
A proposed federal economic
development initiative that would
expand and update the Opportunity
Zone program to encourage private
investment and job creation in
designated low -income
communities through targeted tax
incentives.
Real Property Services evaluated the eligibility
of Carson's census tracts for Opportunity Zone
designation and determined that none of the
City's census tracts are eligible.
Oil & Gas (Good Neighbor Provision & Pipeline Franchise) # Subject Description Status
1 Cooper & Brain
Carson
Audit of facilities complete on
October 27, 2025.
Annual Audit of Oil and Gas Operations . Draft
facility audit reports have been completed. Final
reports will be presented to the City Council at a
future meeting.
2 Bridgeland Bishop
Lease Dominguez
Facility
Audit of facilities complete on
March 26, 2026.
3 E&B Natural
Resources
Audit of facilities complete on
October 27, 2025.
4 Bridge Point Carson Audit of facilities complete on
October 27, 2025.
Community and Economic Development Project Status Report August 4, 2026
CITY COUNCIL
5 Brea Canon All oil wells have been abandoned.
No additional audits will be
conducted for this site.
N/A
6 Pipeline Franchise
Ordinance
Update t o pipeline franchise
ordinance to modernize provisions
and update fees and rates.
Ordinance was adopted on February 17.
Administration duties remain in Finance / Pu blic
Works.
Mobile Home Rent Control (Park owner request for rent increase) # Subject Description Status
1 Carson Harbor
Village
Fair Return Rent Application In Progress. Mobilehome Rental Review Board (MRRB) meeting scheduled for July 29 to consider
update.
2 Park Avalon CPI Rent Increase Application Owner submitted 1/6/2026. Approved 3/26. 3 Carson Gardens CPI Rent Increase Application Owner submitted 1/29/2026. Approved 2/23. 4 Laco CPI Rent Increase Application Owner submitted 1/29/2026. Approved 2/23. 5 Colony Cove CPI Rent Increase Application Owner submitted 4/6/2026. Approved 4/14. 6 Shangri Lodge CPI Rent Increase Application Owner submitted 4/16/2026. Approved 4/16. 7 Rancho Dominguez CPI Rent Increase Application Owner submitted 4/20/2026. Approved 4/21. 8 Flamingo Gardens CPI Rent Increase Application Owner submitted 4/29/2026. Approved 4/30. 9 Ocean Villa CPI Rent Increase Application Owner submitted 7/13. Approved 7/13.
Former Housing Division
# Subject Description Status
1 Organizational
Change
Housing Division Transition to Real
Property Services
Community & Economic Development
Department and City Manager’s Office have been
coordinating a successful transition for Housing
Division back to Department under Real Property
Services Division effective July 1
2 Section 8 The City has contracted with
Avant-Garde to develop a
feasibility study to determine
whether the City of Carson is
eligible to administer the Housing
Choice Voucher Program.
On June 23, 2026, a follow -up letter from Mayor
Davis-Holmes was sent to Acting Director Alison E.
Bell at HUD requesting a written response to the
City’s request to administer the Housing Choice
Voucher Program.
3 Neighborhood Pride
Program
The Neighborhood Pride Program
offers grants to low- and
moderate-income homeowners
to help create decent, safe, and
sanitary housing conditions.
For FY 2025/26, 21 projects have been
completed, and 7 projects were terminated due
to permit or title issues. District One 10
projects, District Two 2 projects, District Three
5 projects & District Four 4 projects. There are
currently 194 residents on the waiting list.
4 First Time
Homebuyers
Program
PLHA funds in the amount of
$1,337,441 is available for the
First-Time Homebuyer Program.
Draft program guidelines have been reviewed
by the City Attorney’s Office, HCD, and staff.
The guidelines are currently under review by
Director. Final review by the Housing Ad Hoc
Committee is needed before final approval by
City Council. An amendment to the PLHA plan
is required prior to program expenditures.
Community and Economic Development Project Status Report August 4, 2026
CITY COUNCIL
5 Foreclosure
Registration
Program
Real Property Services manages
the registration of properties
currently in the foreclosure
process.
As of June 2026, there are 121 registered
foreclosure properties citywide: District 1, 16
properties; District 2, 9 properties; District 3,
89 properties; and District 4, 7 properties.
6 CDBG Subrecipient –
Public Service
Agencies
Administers CDBG-funded public
service programs through eligible
subrecipients, including
agreements, compliance,
reimbursements, monitoring,
reporting, and future funding in
accordance with HUD
requirements.
Staff is completing FY 2025-2026 CDBG
closeout activities, including reimbursements
and reporting, and preparing the FY 2027-2028
funding cycle, including the NOFA, application
review, and Council funding
recommendations.
7 H.R. 6644 21st Century ROAD to Housing Act
- federal housing law intended to
increase the nation's housing
supply, reduce barriers to
development, modernize HUD
programs, and expand financing
options for affordable housing
Staff is reviewing the potential impacts of this
legislation on the City of Carson. The bill may
affect housing production, Community
Development Block Grant (CDBG) programs,
HUD programs, and affordable housing
financing.
Carson Entities Administration (Successor Agency, Housing Authority, EIFD Public Financing Authority) # Subject Description Status
1 Carson Enhanced
Infrastructure
Financing District
(EIFD)
Formed tax increment entity in
partnership with County to fund
affordable housing, environmental
remediation, and public
infrastructure.
Annual Meeting was held on June 15.
County is working with City on obtaining EIFD
funds to pay for community engagement and pre-
planning activities on Victoria Golf Course Site for
$500k. An amendment to the Infrastructure
Financing Plan is required. A meeting will be
scheduled for fall for approval.
2 Carson Successor
Agency
Administration functions of the
former Carson Redevelopment
Agency
The Department of Finance approved the 2026 -
2027 ROPS in April 2026. The next major Successor
Agency administrative requirement is submission
of the Prior Period Adjustment Expenditure
Report to DOF by October 1.
3 Carson Housing
Authority
Administration functions of the
Housing Authority (and Housing
Successor of former Carson
Redevelopment Agency)
A housing authority annual report must be filed
with HCD by October 1.
1 CITY OF CARSON
INFORMATION TECHNOLOGY & SECURITY
Capital Project Updates
July 2026
1. WIFI IN PARKS:
Description: WiFi Internet access at all City facilities to increase public safety, education, programs, and events.
Contract 1st Vendor: Datagear, Inc.
2nd Vendor: SkyNet Communications, Inc.
Term 3-year maintenance
Budget $420,272 ($350,000 [ARPA] + 70,272)
Current Spend $286,373.60 (68.14%)
Timeline May 15, 2023 – March 18, 2024
Status COMPLETED
Percentage of Completion 100%
Project Deadline March 18, 2024
Additional
Information
• Datagear completed seven (7) parks (Mills,
Carson, Veterans, Foisia, Stevenson, Anderson &
Dominguez). Notice of termination issued to
Datagear, on December 4, 2023.
• Replacement vendor, SkyNet Communications
completed the remaining five (5) parks in 5 days.
Park Completion Summary:
All 12 parks completed (100%)
2 2. TYLER UPGRADE / ENERGOV IMPLEMENTATION:
Description: Upgrade Tyler Munis to latest version, enable Cloud access, and add inventory module. Implement new planning, permitting, licensing, asset management, and citizen request software platform Energov.
Contract Tyler Munis/Integrated Technology Partners
Term 6 years
Budget 1.3M [ARPA]
Current Spend $921,965 incurred to date
Timeline September 30, 2022 - June 30, 2025
Status COMPLETED
Percentage of
Completion
100%
Project Deadline June 30, 2025
Additional
Information
• Employee Access Module - Complete
• EP&L Planning Module - Complete
• EP&L Permitting Module - Complete
• Open Finance (Socrata) Module - Complete
• 311 Civic Access Module - Complete
• EP&L Business License Module - Complete
• Enterprise Asset Management (EAM) Module – Complete
Tyler Modules Completion Summary:
7 modules completed (100%)
3 3. CITY HALL COUNCIL CHAMBERS AUDIO/VIDEO IMPROVEMENT Description: Upgrade Council Chambers broadcast equipment.
Contract Western AV
Term 5 years
Budget 550,000.00
Current Spend $542,544.57
Timeline December 1, 2023 - December 31, 2025
Status COMPLETED
Percentage of
Completion
100%
Project Deadline December 31, 2025
Additional
Information
• RFP issued 12/1/23.
• Notice of Intent to Award 1/23/24.
• Contract Executed 5/1/24.
• Audiovisual Hardware Installation Complete.
• Agenda Management/AV Control Software
Implementation Complete.
• Agenda Management/AV Control Software Staff
Training Complete.
• Systems Testing and Punch List Item Complete.
• Project Completed 2/18/25.
Audio/Video Improvement Completion Summary:
Project completed (100%)
4 4. NETWORK SERVICES RELOCATION:
Description: Ensure rapid recovery, accessibility, and increased security for all business-critical application services by relocating to a more equipped offsite location.
Contract Coloexchange.com a California Corporation
Term 5 years
Budget $30,669.95
Current Spend $21,569.95
Timeline December 1, 2023 – January 31, 2026
Status COMPLETED
Percentage of
Completion
100%
Project Deadline January 31, 2026
Additional
Information
• RFP issued 12/1/23.
• Sole bid rejected 1/23/24.
• Data Center Colocation award to vendor 4/2/24.
• Contract Executed.
• Phase 1 Relocation completed 8/19/24.
• Phase 2 Relocation completed 1/31/26.
Network Services Relocation Summary:
Project completed (100%)
5 5. CITYWIDE MUNIICIPAL FIBER OPTIC NETWORK PHASE 1
Description: Launching Carson’s first high-speed fiber optic network, bringing faster, more reliable connectivity to parks across Districts 1, 2, 3, and 4.
Contract HP Communications, Inc.
Term 5 years
Budget $27,000,000.00
Current Spend $11,104,989.56
Timeline January 1, 2025 – September 30, 2026
Status ON SCHEDULE
Percentage of Completion 52%
Project Deadline September 30, 2026
Additional Information • Pre-Construction meeting
completed on 12/1/25.
• Council approval received for
Interfund Loan 1/20/26.
• Engineering permit received on
3/4/26.
• Construction began on 3/11/26.
• Construction & Restoration
currently taking place at: Carson
Street & Avalon Boulevard,
University Drive & Avalon
Boulevard, Carson Street &
Avalon Boulevard, University
Drive & Central Avenue.
Citywide Municipal Fiber Optic Network Phase 1 Summary:
6 6. OPENGOV IMPLEMENTATION
Description: Implement OpenGov to streamline procurement and contract processes by centralizing workflows, improving transparency, and enhancing coordination and communication between City and bidders. This will reduce manual tasks and increase efficiency.
Contract OpenGov
Term 5 years
Budget $301,049.78
Current Spend $95,911.01
Timeline December 1, 2025 – November 30, 2026
Status ON SCHEDULE
Percentage of Completion 60%
Project Deadline November 30, 2026
Additional Information • Kickoff meeting completed on
2/26/26.
• System Administrator Training
completed on 3/19/26.
• Solicitation module completed on
6/25/2026.
OpenGov Implementation Summary:
7 7. MULTIFUNCTIONAL DEVICES IMPLEMENTATION
Description: Replacement of the City’s aging fleet of multifunction devices with modern, shared units across workgroups, enabling efficient printing, scanning, faxing, and copying through centralized machines.
Contract Ricoh USA
Budget $307,108.20
Current Spend $4,527.03
Timeline January 5, 2026 – June 4, 2026
Status ON SCHEDULE
Percentage of Completion 95%
Project Deadline June 4, 2026
Additional Information • Council approval received on
2/17/26 for Ricoh USA.
• Purchase order received on 3/11/26.
• Deployment of 13 printers
completed on 5/28/26.
• User trainings completed on 3/24/26,
4/2/26, 4/8/26, 4/9/26. 5/20, & 5/27.
Multifunctional Devices Implementation Summary:
1 Public Safety Emergency Management Updates
Project Name Comprehensive Camera Coverage: City Facilities and Parks Service Provider Johnson Controls
Summary The Public Safety department is spearheading an initiative to implement video surveillance camera systems across all City and Park facilities. This proactive measure aims to discourage criminal activities and capture video evidence of any unlawful incidents. The objective is to enhance safety by reducing criminal incidents, creating a secure environment for both residents and park users.
Update We have successfully implemented video surveillance and access control systems at multiple parks and continue expanding these efforts to strengthen security coverage citywide. The current phase includes the installation of additional cameras and access control enhancements at several City facilities as part of Amendment 6. These upgrades are being fully integrated into the City's existing security infrastructure to improve real-time visibility, situational awareness, and operational coordination.
The Mini Parks was approved by council and is currently underway, with installation activities to soon begin at multiple locations. Our team continues to work closely with ITS to ensure the system operates efficiently and reliably, including network connectivity and system performance. We are also coordinating with Public Works to address power, and infrastructure needs necessary to support these installations.
These ongoing collaborative improvements reinforce the City's commitment to enhancing public safety through modern, integrated security technology while providing a safe and welcoming environment for residents, visitors, and City staff.
2 Project Name Citywide Fire Alarm Repairs and Enhancements Service Provider West Coast Fire & Integration
Summary July 5, 2022, Council approved the West Coast Fire & Integration contract for maintenance and monitoring services for all city fire systems from July 1, 2022, to June 30, 2027. Enhancing fire detection and safety for all facility users.
Update City staff is continuously working to enhance fire systems across all municipal facilities to align with the highest safety standards.
Project Name Citywide Intrusion Project
Service Provider Johnson Controls
Summary City Council has approved the Citywide Intrusion Project, which will modernize security systems across all parks and City facilities. These upgrades will replace current equipment with more updated, reliable technology, helping us better protect our spaces and enhance safety for the community.
Update The project continues to move forward, with site walks underway and additional site visits scheduled over the coming weeks. The project team is working closely with Parks and Recreation to confirm installation locations and address any site-specific needs identified during the walkthroughs.
Concurrently, staff are collaborating with multiple departments to review and finalize access levels, ensuring appropriate permissions are established prior to implementation. These efforts will help support a smooth deployment and consistent operation across all project locations.
Project Name Public Safety/Emergency Services Community Initiatives Service Provider Public Safety/Emergency Services Department Summary Public Safety and Emergency Services Community Initiatives are proactive programs that promote community safety, preparedness, and resilience through public education, outreach, and collaborative events. These efforts strengthen relationships between public safety personnel and residents, build trust, and empower community members to contribute to a safer and more informed community. Examples include public education on safety measures, community outreach events, and meetings to empower local leaders.
Update During the month of July, the Public Safety and Emergency Management team continued supporting public safety operations, community engagement, and emergency preparedness initiatives throughout the City. Staff maintained ongoing vendor enforcement, parking enforcement, and nighttime operations while also supporting community events and outreach activities that promote safety and preparedness.
A major milestone this month was the successful completion of the City's FIFA World Cup training site activations. Public Safety and Emergency Management staff supported multiple team practices hosted in Carson, with all operations concluding safely and without significant incidents. These activations provided valuable real- world experience in emergency coordination, regional collaboration, and multi-agency 3 operations, further strengthening the City's preparedness for future large-scale events, including the 2028 Olympic Games.
PSEM staff continue to engage with residents through community outreach, preparedness education, and public safety events while working closely with regional partners to enhance the City's emergency readiness.
Upcoming Public Safety & Emergency Management Events
• August 5: National Night Out | 5:00 p.m. – 8:00 p.m. | Carson Sheriff's Station Parking Lot (Desford St. from Avalon Blvd. to Garston Ave.) • August 15: Senior Preparedness Seminar | 11:00 a.m. – 1:00 p.m. | Carson Event Center – East Wing Activity Room
• August 25: Coffee with a Cop | 4:00 p.m. – 5:30 p.m. | Starbucks on Bonita • August 27: American Red Cross Blood Drive | 10:00 a.m. – 3:00 p.m. | Carson Event Center – Hall A
• September 14: Emergency Preparedness Bingo Night | 6:30 p.m. – 8:00 p.m. | Carson Event Center – Dominguez Room
Project Name Enhancing Traffic Safety: Analysis of Accident Reduction and LPR Camera Deployment
Service Provider Motorola Solutions
Summary The consultant will supply the city with the most up-to-date version of the L-Series Rapidly Deployable Solar Powered Camera. This camera system, known as an Automatic License Plate Recognition (LPR) camera, will assist the City, in collaboration with the Los Angeles County Sheriff's Department, in capturing essential investigative information and enhancing the safety of its residents. These cameras will be strategically positioned in specific locations throughout the city, including public rights of way and entrances to city facilities.
The LPR system will collect comprehensive vehicle data, including make, model, color, and speed, both during daytime and nighttime conditions. The City's Public Safety department is working in partnership with LASD and Public Works to decrease traffic accidents within the city. Staff members have created data maps, and the Traffic Engineering Division will assess these maps to identify any recurring patterns and make infrastructure adjustments as necessary. 4 Update
The Public Safety and Emergency Management (PSEM) team continues to work closely with Public Works and our Los Angeles County Sheriff's Department (LASD) partners to address illegal activity throughout residential and commercial areas of the City. Through the strategic deployment of Automated License Plate Reader (ALPR) trailers and message boards, the City is proactively targeting ongoing concerns such as illegal dumping, truck-related violations, and other quality-of-life issues.
Deployment of Trailers:
• Del Amo Blvd/ Alvo Ave
• 19203 Campaign Drive
• 23300 Main street / Carson Street
Project Name Upgrading Radio Systems Project
Service Provider Mission Critical Information Systems
Summary In 2021, the City Council granted approval for the 'Radio Upgrade Project,' which allocated funds for the procurement of radios, radio equipment, batteries, and chargers necessary for transitioning the City from its UHF radio system to the Los Angeles Regional Interoperability Communication System (LA-RICS).
Subsequently, the City Council sanctioned a contract with Mission Critical Information Systems to oversee the installation and programming, thus marking the successful completion of Phase 2 of the project. In September 2022, the City of Carson formalized a Hold Harmless Agreement with LA-RICS, granting the city the privilege of utilizing the platform.
Update Radio installations continue to support reliable communications across multiple City departments, with ongoing maintenance and programming performed to ensure equipment remains operational and up to date. Public Safety and Emergency Management continues coordinating with departments to fulfill additional radio and accessory requests as operational needs arise.
Staff are also working closely with the vendor to schedule and complete mobile radio installations for newly acquired Public Works fleet vehicles. These efforts will enhance interoperability, improve day-to-day communications, and ensure City personnel have the tools needed to effectively support routine operations and emergency response.
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 23. To: Honorable Mayor and City Council From: Michael George, Government Affairs Officer CMO Administration Subject: CONSIDER ADOPTION OF RESOLUTIONS SUBMITTING A GENERAL OIL REFINERYBUSINESS LICENSE TAX MEASURE TO THE VOTERS AT THE NOVEMBER 3, 2026, GENERAL MUNICIPALELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION TO BE HELDON THE SAME DATE (CITY COUNCIL) I. SUMMARY
The City Council is being asked to consider three resolutions to submit a Carson Oil Refinery Tax measure to the City’s voters at the General Municipal Election to be held on Tuesday, November 3, 2026. The proposed measure would allow the City to impose an up to $1.00 per barrel oil tax on feedstock that is refined in the City.
The resolutions before the City Council would order submission of the proposed tax measure to the voters, request consolidation with the election conducted by the Los Angeles County on the same date, set procedures for written arguments and impartial analysis, and provide for rebuttal arguments.
II. RECOMMENDATION
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 26-086 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A GENERAL TAX MEASURE ESTABLISHING A
BUSINESS LICENSE TAX UPON THE BUSINESS OF CONDUCTING OIL REFINING IN THE CITY OF
CARSON, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
ON THE SAME DATE, AND REQUESTING THAT THE LOS ANGELES COUNTY REGISTRAR- RECORDER/COUNTY CLERK CONDUCT ALL NECESSARY ELECTION SERVICES”;
2. WAIVE further reading and ADOPT Resolution No. 26-087 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
REGARDING A GENERAL TAX MEASURE ESTABLISHING A BUSINESS LICENSE TAX UPON THE
BUSINESS OF CONDUCTING OIL REFINING IN THE CITY OF CARSON TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026"; AND
3. WAIVE further reading and ADOPT Resolution No. 26-088 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING A GENERAL TAX MEASURE ESTABLISHING A BUSINESS LICENSE TAX
UPON THE BUSINESS OF CONDUCTING OIL REFINING IN THE CITY OF CARSON TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026.” III. ALTERNATIVES
TAKE another action deemed appropriate by the City Council and consistent with applicable laws.
IV. BACKGROUND
A. Carson is a Low Property Tax and Low Utility User’s Tax City Carson is a no-low property tax city, meaning it had no local property tax rate in the three years preceding the adoption of Proposition 13 in 1978 and therefore has a permanently small share of the 1% property tax allowed by Prop. 13 as compared to other cities. Its assessed property values have not increased at the same rate as neighboring cities, in part due to the heavy industrial presence in the City of petroleum and other industrial and manufacturing uses, resulting in slower property tax revenue growth.
Prior to the 1950s, the County of Los Angeles allowed cities to incorporate as full property tax cities. Carson incorporated in 1968 and was required to accept low property tax status in order for the County to agree to city formation.
Carson also has one of, if not the lowest, utility users taxes in the region. Although many cities use these two taxes to fund City services, due to the low property tax and low utility user’s tax rates, Carson faces unique fiscal constraints. While Carson was long able to rely on redevelopment revenues to fund capital costs in the City, the State’s decision to terminate redevelopment has stripped the City of those revenues too.
1. Low Property Tax
Carson’s share of the 1% property tax rate is 6.7%. The balance of residents’ and property owners’ taxes fund Los Angeles County, K-14 School Districts, and other special districts. Carson residents pay the same taxes as residents of neighboring cities, but see far less local benefit from those taxes.
2. Low Utility Users Tax
Carson’s Utility Users Tax is at 2% with a cap of $1,000,000 per taxpayer, a figure relevant only to the largest industrial businesses. The average rate in the region is 5.9%. Also, other cities levy the UUT on all utilities, including cable television, cell phones, while Carson’s UUT does not include those. Carson maintains one of the lowest Utility User’s Taxes in California.
B. Impact of Oil Industry Upon Carson
1. Impacts of Oil Industry on Carson
The oil industry has a long history in Southern California and in Carson in particular. Carson was primarily an agricultural center prior to the discovery of oil in the Signal Hill/Long Beach field in 1921. The discovery of oil in nearby Signal Hill prompted oil companies to search for oil in Carson. Oil was discovered in 1923 in Carson, in what is known as the Dominguez Field. Oil was then discovered in the south Carson area in 1932, and also in the Wilmington Field. These three fields were prolific and supplied as much of half of the oil used in the nation in the first half of the 20th Century. Oil production and the refining of crude oil were located in close proximity of the wellhead and each other in these early years to minimize transportation costs. The Phillips 66 Refinery in Carson was originally constructed in 1917 by Union Oil. Shell Oil constructed its refinery and a chemical plant in Carson in 1928. The existing Tesoro Refinery in Carson was originally constructed by Richfield Oil in 1938.
Largely unregulated in the early years, it was not uncommon for refineries to store oil in earthen-bottomed tanks.
When petroleum flooded the market in 1923, oil companies constructed huge earthen oil storage reservoirs to wait for better prices. Carson is dealing with a legacy of ground water pollution from the unregulated use of large storage tanks, where both crude oil and refined petroleum leached into groundwater. Several large clean-up programs are underway in the community or have been undertaken, including the remediation of the Carousel Tract, which is a large residential subdivision constructed atop a former Shell tank farm where the underlying petroleum impacted soils were not properly remediated before homes were constructed. This environmental legacy also depresses property values in Carson, reducing property tax revenues to the City to fund services. The City has major transmission pipelines which were constructed to serve the oil industry. These pipelines are subject to leaks, creating additional soil and ground water contamination. A number of pipelines have been abandoned when companies go out of business and the City has been left to fund the removal of pipelines and the cleanup of surrounding soil.
Seeing that these are industrial facilities, there remains potential for oil spills, which can substantially degrade the character of any given site. Given the various uses, there also remains potential for fires, release of gases, explosions and spill risks. Recent examples include a massive fire at the Marathon refinery in Carson in February 2020 and a hydrocarbon release to the ground from the same refinery in October 2025.
2. Air Quality Impacts
The unregulated refining of petroleum also created air quality issues for the community. The refining process not only created unpleasant odors, but human health impacts as well. Early gasoline production added lead to gasoline from 1924 to the 1970’s, when lead was slowly phased out of gasoline due to the health and environmental risks it posed. It is estimated that over seven million tons of lead was deposited in the environment in the United States alone during the five decades that lead was added to gasoline. Cities are still dealing with lead contaminated soils at road-side construction projects. In 1942, during the height of World War II, Southern California’s economy was in high gear for the war production. This included the petroleum industry from pumpers to businesses that refined, mixed, stored, and transported oil.
On July 26, 1943, the region was gripped in a heat wave and smog. Visibility was only three city blocks.
That October, the Los Angeles County Board of Supervisors appointed a Smoke and Fumes Commission to study the problem. The studies identified the smoke stack businesses contributing to the problems, including oil refineries. The report was opposed by the Los Angeles City Chamber of Commerce and the oil industry. However, the County Board and the League of California Cities sponsored legislation to allow the establishment of unified air pollution control districts. The bill cleared the Assembly 73-1 and the Senate by 20-0 votes, with Governor Earl Warren signing the legislation. Major industries were required to obtain air pollution permits, but the regulations were in their infancy. Real action began after a killer smog enveloped London in December 1952, claiming over 4,000 lives. The scientific study from this public health disaster made several recommendations, including reducing vapor leaks of hydrocarbon emissions from refineries and fueling stations. The oil industry estimated that over 120,000 gallons of gasoline were evaporating daily in Southern California from refineries and filling stations.
The South Coast Air Quality Management District (SCAQMD) is the successor to the Smoke and Fumes Commission, with over fifty years of government action needed to address the harmful human health and environmental impacts from air pollution. That work continues today.
The federal government enacted its first pollution regulations in 1955, primarily focusing on scientific research (Air Pollution Control Act). The Clean Air Act was adopted in 1963, aimed at controlling air pollution. Much of the current air quality regulations stem from the Clean Air Act of 1970, which coincided with the first Earth Day. The Act sought to stem emissions from both stationary and mobile sources of air pollution. A series of air quality plans were proposed and adopted, focusing on reducing ozone, suspended particles, carbon monoxide, nitrogen dioxide, sulfur dioxide and lead. In 1987, the State required that emitters of toxic pollutants assess and make public health risk assessments of their emissions.
Several innovative programs have been developed over the years to deal with air pollution, including RECLAIM, which incentivizes petroleum industries to capture and make useful products of what had previously been waste emissions, thereby reducing emissions and increasing profits. For example, ARCO constructed a facility at the Carson refinery to recover propylene from crude oil to make polypropylene, a material used in a wide variety range of consumer plastics including carpeting, upholstery, clothing and twine. The facility removes sulfur and other polluting byproducts that would have been burned, with the intent of reducing sulfur and nitrogen oxide emissions.
Other innovative programs designed to deal with air pollution and green-house gasses (GHGs) have been adopted by the State, including AB 32 (2006) and SB 535 (2012).
AB 32 established GHG reduction targets for various sectors of the economy. The law created the “cap and trade’ system, which allows businesses to purchase extra GHG credits when their emissions exceed their targets. The State extended the “cap and trade” system to 2030. However, AB 32 did not include a plan to allocate funds collected under the cap and trade program. SB 535 addressed funding guidelines by focusing on the people who live in communities of color, low-income and disadvantaged communities which, like Carson, bear a heavier burden of environmental combination than other communities. This policy focus was based on State studies which have found that there is a great abundance of harmful air pollution around non-white and poorer communities, more than in white and wealthier communities. Also, State studies also show that people who live near to refineries are likely to breath more nickel and vanadium than other Californians.
In order to implement SB 535, the Legislature tasked the Office of Environmental and Human Health Risk Assessment with developing an assessment tool, known as CalEnviroScreen. Based on a comprehensive examination of all risks facing disadvantaged communities, including health risks like cancer and strokes, CalEnviroScreen aggregates this data on the Census Tract level, resulting in a combined pollution score.
According to the most recent version of CalEnviroScreen, the overwhelming majority of Carson’s census tracts have very high pollution levels. Many of these Census Tracts are adjacent to the refineries and businesses that mix, blend, store, and transport petroleum and petroleum products, due in part to the high level of stationary emissions from these businesses. Residents in these areas also are exposed to high levels of pollution from industrial and trucking activities, as well as impacts from traffic and noise.
Recent studies by the SCAQMD indicate that air pollution from refineries and other petroleum-related facilities is substantially higher than previously estimated, increasing the concern about health impacts. The City had engaged with SCAQMD in review of its proposed Rule 1180, which would require the installation of air quality monitoring at the fence line of the refineries. The City had been active in this rule making process, when it came to light in recent environmental studies that the SCAQMD does not operate any air quality monitoring stations in Carson. The closest air quality monitoring station to Carson is in the North Long Beach area. Over a dozen pre-schools and schools are located within a quarter of a mile of these petroleum refining and production businesses. These schools and the entire community would benefit from increased air quality monitoring devices located in Carson.
Further, there are impacts to air quality from diesel particulates, volatile organic compounds, carbon dioxide, sulfur dioxides, and oxides of nitrogen emissions. These include, but are in no way limited to, impacts from trucking and other transportation of feedstocks and refined products.
3. Hazards and Risks
For example, as noted in a recent environmental document written for the Tesoro Refinery by the SCAQMD (SCAQMD, 2017), the Tesoro Los Angeles Refinery handles hazardous materials with the potential to impact people, property, or the environment. An accidental release of hazardous materials at a facility can occur due to natural events, such as earthquakes, and non-natural events, such as mechanical failure or human error. Potential existing hazards from the Refinery are those associated with accidental releases of toxic/flammable gas, toxic/flammable liquefied gas, and flammable liquids. Potential hazards at a refinery include toxic gas clouds, fires, vapor cloud explosions, thermal radiation, and overpressure. Risks are also associated with transportation, including truck transport, rail transport, and pipeline transport.
Historic operations at the Refinery have resulted in accidental releases of hazardous materials (primarily petroleum hydrocarbons) to soil and groundwater in some areas of the Refinery. State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of to prevent or mitigate injury to human health or the environment in the event that such materials are accidentally released; however, risks of releases remain to the community as a result of Refinery operations.
4. Groundwater and Soil Contamination
Refinery operations have resulted in significant soil and groundwater contamination in Carson. Historically, sludge from refinery and chemical plant processes was treated and disposed in unlined pits at the refineries in the early part of the last century. Many pits were filled without record of their location, contents or extent of remediation.
Cooling tower blowdown and tank wash water was discharged into the local sewer system. In the 1970s, environmental studies began to reveal that the main pollutants of concern were petroleum hydrocarbons, volatile organic compounds, including benzene, toluene and ethylbenzene. Elevated levels of chromium, lead, arsenic, and antimony were found, along with organosulfur compounds. Chronic exposure to such contaminants threatens liver, kidney, and blood systems. Benzene is a known carcinogen linked to leukemia. As a result, the Los Angeles Regional Water Quality Control Board (LA RWQCB) placed several Carson refineries under clean up orders in the mid-1980s and early 1990s, including Shell in 1985, Marathon (Tesoro) in 1990 and Phillips 66 in 1994.
Groundwater contamination, and the potential for contamination of deeper regional drinking water aquifers, is a major focus of the LA RWQCB orders. Pursuant to these orders, the refineries in Carson have installed groundwater extraction and monitoring wells along their perimeters to pump and treat groundwater and to hydrologically contain contaminated groundwater within their respective facility boundaries. Tens of thousands of gallons of petroleum liquid (light non-aqueous phase liquid, “LNAPL”) floating atop the shallow groundwater underneath the refineries have been pumped and treated, but much remains. In 2014, Tesoro, Kinder Morgan Energy, and Shell, collectively installed groundwater monitoring wells to monitor whether, on a regional level, contaminated groundwater was reaching regional groundwater drinking water aquifers. This effort is overseen by the LA RWQCB.
Soil contamination is also a significant concern that the LA RWQCB’s clean up orders are attempting to address.
Under the orders, the refineries have used soil vapor extraction wells to remove thousands of pounds of hydrocarbons from the soil within their facility boundaries. Much of the soil remains contaminated, however, as much of the contaminated soil remains under existing infrastructure at the refinery facilities. In addition, in 2021, the LA RWQCB required industrial facilities throughout the state that stored and/or used materials that may have contained per- and polyfluoroalkyl substances (PFAS) to conduct soil testing. The analytical results of PFAS sampling at Carson’s refineries show elevated levels of PFAS in their soils (likely due to the use of firefighting foams). Soil contamination contributes to other environmental concerns, including the discharge of pollutants to local stormwater and sewer systems during storm events when stormwater flows across the refinery sites and picks up contaminants in the soil.
For example, the Tesoro Los Angeles Refinery consumed approximately 18 million gallons of water per day in 2012/2013 from potable water, Refinery owned wells, and recycled water according to the SCAQMD (SCAQMD, 2017). The Carson operations discharged an average of 4.07 million gallons per day of wastewater during 2012 and 2013 to the sewer system. The Tesoro Los Angeles Refinery is located on the Dominguez Channel and approximately 1.5 miles west of the Los Angeles River. The Los Angeles River and the Dominguez Channel are the major drainages that flow into the Los Angeles-Long Beach Harbor complex.
In sum, the environmental legacy of Carson’s industrial history is profound and efforts to mitigate it will be required for years to come.
5. Noise
Existing refinery operations in the City produce substantial noise to the surrounding community. The existing noise environment at the Tesoro Refinery and in the vicinity of the Tesoro refinery is dominated by refining operations and mobile sources, including trucks, cranes, locomotive engines, and other heavy industrial activities.
Noise-sensitive receptors are defined as residences, schools, hospitals, libraries, places of worship, and public parks. Some of the noise sensitive receptors close to the Tesoro Refinery include: (1) a residential area on the corner of Merimac Avenue and West Willard Street approximately 2,000 feet east of the Tesoro Wilmington Operations; (2) residential area near Mauretania Street and Goodrich Avenue; (3) residential areas west of the Drumm Avenue/East Sandison Street intersection; and (4) residential areas west of Wilmington Avenue near East Pacific Street. There are numerous commercial receptors located adjacent to the Tesoro Refinery, as well as numerous industrial receptors.
6. Carson Community Members’ Concerns
Carson community members have historically expressed concerns about the impacts of oil refineries and the chemical industry on the City, its environment, and its residents. They have also expressed concerns about contaminated soil and ground water. They believe that local air and water quality are serious concerns. Residents have expressed other concerns, including noise and air pollution caused by truck traffic and damage to local streets and roads caused by cargo trucks, including tanker trucks used by petroleum and petroleum products businesses to ship product. In looking to implement the proposed Carson Oil Refinery tax, the City has analyzed the oil industry’s ability to bear the proposed tax.
C. The Proposed Carson Oil Refinery Tax
The proposed Carson Oil Refinery tax would allow for the City of Carson to impose an up to $1 per barrel tax on feedstock that is refined in the City. This would be a general tax, meaning the City may use the revenue from it for any lawful purpose. However, given the history recounted above, it is reasonable to expect the City to use the proceeds of this tax in certain ways. In addition to ensuring that the drastic impacts of the oil refineries on the local community, including future planning regarding the same, are taken into account through an appropriate tax, additional goals of this tax are to respond to lessons learned under the City’s existing Oil Industry Business License Tax, reduce the administrative burden to the City and taxpayers on implementing it, and to avoid potentially tax evasive behaviors by taxpayers. City staff recommends that the City Council present the Carson Oil Refinery tax to voters for their consideration. An excise tax like this is easy to understand and able to generate meaningful tax revenues commensurate to this industry’s ability to pay and its impact on the City, its services, its environment and its residents while reaching a broader swath of the petroleum industry in the City than alternatives. The proposed Carson Oil Refinery Tax ordinance to be presented to the voters is attached as Exhibit “A” to the Resolution that is attached to this report as Exhibit No. 1.
D. Requirements for the Carson Oil Refinery Tax Measure for November 3, 2026 General Municipal Election Multiple resolutions are required to place the proposed Carson Oil Refinery Tax ballot measure before the voters at a November 3, 2026 election, pursuant to Proposition 218, the California Constitution, and the Election and Government Codes.
The Carson Oil Refinery Tax is a general tax (and not a special tax) because the revenue generated is deposited into the general fund and is available for any general governmental purpose the City Council determines to be appropriate. Under Proposition 218, increases and/or extensions of a general tax must be approved by a majority of voters. (Cal. Const., art. XIII C, Section 2(b).). Additionally, under Proposition 218, an election to increase a general tax must be consolidated with the City’s regularly scheduled general municipal election, when Council seats are on the ballot. (Cal. Const., art. XIII C, Section 2(b).) If adopted, the proposed measure will allow the City to impose a business license tax of up to $1.00 per barrel of feedstock that is introduced into a refining process within the City. “Barrel of feedstock” is defined to mean 42 U.S. gallons of feedstock. “Feedstock” is defined to mean crude oil, petroleum, petroleum products, renewable feedstocks, biofuel feedstocks, or other raw or intermediate materials introduced into and processed by a refining process within the City. The rate of this tax would be set by resolution of the City Council, provided that it may not exceed the maximum rate of $1.00 per barrel of feedstock.
The proposed action consists of three related resolutions:
The first resolution calls the November 3, 2026 General Municipal Election and submits the Oil Refinery Tax ordinance to the City’s qualified voters. The resolution attaches the full text of the proposed Oil Refinery Tax ordinance (Ordinance No. 26-2611) as Exhibit “A” to the resolution and states the applicable majority-vote approval requirement. The resolution also requests that the Los Angeles County Board of Supervisors consolidate the City’s election with the statewide general election to be held on the same date and authorize the Los Angeles County Registrar-Recorder/County Clerk to conduct the necessary election services, including preparation and distribution of election materials, use of a consolidated ballot, canvass of the returns, and related election administration. The resolution further provides that the City will reimburse Los Angeles County for costs incurred by reason of the consolidation.
The second resolution authorizes written arguments for and against the Oil Refinery Tax Measure pursuant to Elections Code Section 9282 and directs the City Attorney to prepare an impartial analysis pursuant to Elections Code Section 9280. Written arguments may not exceed 300 words, and the impartial analysis may not exceed 500 words.
The third resolution authorizes rebuttal arguments pursuant to Elections Code Section 9285. Rebuttal arguments may not exceed 250 words, may not be signed by more than five persons, and must be filed within the time required by the City Clerk/City’s designated elections official.
V. FISCAL IMPACT
There is no direct fiscal impact associated with the City Council’s consideration of submittal of the proposed Carson Oil Refinery Tax measure to the voters, in and of itself. If the City Council adopts the measure-submission and consolidation resolution, the City will be responsible for its share of Los Angeles County’s costs to consolidate and conduct the election and provide related election services. The final amount will depend on the County’s election- cost allocation and billing.
VI. EXHIBITS
1. Resolution No. 26-086
2. Resolution No. 26-087
3. Resolution No. 26-088
4. BRI Opinion Letter Dated July 13, 2026.
Attachments
Resolution No. 26-086
Resolution No. 26-087
Resolution No. 26-088
BRI Opinion Letter Dated July 13, 2026
RESOLUTION NO. 26-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY A GENERAL TAX MEASURE ESTABLISHING A
BUSINESS LICENSE TAX UPON THE BUSINESS OF CONDUCTING OIL
REFINING IN THE CITY OF CARSON, REQUESTING CONSOLIDATION
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE
SAME DATE, AND REQUESTING THAT THE LOS ANGELES COUNTY
REGISTRAR-RECORDER/COUNTY CLERK CONDUCT ALL
NECESSARY ELECTION SERVICES
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and laws of the State of California and the City’s Charter; and WHEREAS, the City is a full-service city that seeks to provide services and a high quality of life to its residents, businesses and other community institutions; and WHEREAS, the City seeks to be fiscally responsible and ensure adequate resources are available to support City operations and respond to the service needs of its residents and businesses; and
WHEREAS, the City has a long history of oil refining and petroleum -related activities occurring within its boundaries and has undertaken efforts to address environmental, public health, and public safety impacts and concerns associated with those activities; and WHEREAS, petroleum refining, storage, and pipeline infrastructure has been concentrated in Carson since the early twentieth century; and
WHEREAS, historical refinery and petroleum -related operations have contributed to significant environmental burdens in Carson, including soil and groundwater contamination, ongoing remediation activities, and costs associated with certain abandoned pipelines and surrounding contaminated soil; and
WHEREAS, heavy industrial operations continue to pose ongoing public safety and environmental hazard risks, as evidenced by a major fire at the Carson Marathon refinery in February 2020 and a hydrocarbon release at the same facility in October 2025; and WHEREAS, CalEnviroScreen, a screening tool developed by the California Office of Environmental Health Hazard Assessment, identifies census tracts within Carson as experiencing comparatively high cumulative pollution burdens and population vulnerabilities; and WHEREAS, petroleum-related operations generate truck and cargo transportation activity, and Carson residents have expressed concerns regarding associated traffic, noise, air emissions, and wear on local streets; and
WHEREAS, the City Council of the City desires to submit to the qualified electors of the City a general tax measure establishing a business license tax upon oil refining in the City of Carson by adopting an ordinance adding a new chapter to the Carson Municipal Code (“Oil Refinery Tax”); and
WHEREAS, the proposed Oil Refinery Tax would establish a general tax on oil refining of up to $1.00 per barrel of feedstock refined in the City of Carson, with revenues available for general governmental purposes; and
WHEREAS, Article XIII C, section 2(b) of the California Constitution requires that a general tax imposed, extended, or increased by a local government be submitted to the electorate and approved by a majority vote at a general municipal election for members of the governing body, unless otherwise permitted by law; and
WHEREAS, a General Municipal Election is to be held in the City of Carson on Tuesday, November 3, 2026; and
WHEREAS, an established Statewide General Election is scheduled for November 3, 2026; and
WHEREAS, the City Council desires to submit the Oil Refinery Tax to the qualified voters of the City of Carson at the General Municipal Election to be held on November 3, 2026 , and to request that the Los Angeles County Board of Supervisors consolidate the election on the Oil Refinery Tax measure with the Statewide General Election to be held on the same date and authorize the Los Angeles County Registrar -Recorder/County Clerk to conduct all necessary election services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated herein by this reference.
Section 2. That the City Council of the City of Carson, pursuant to its right and authority, hereby orders submitted to the voters at the General Municipal Election to be held on Tuesday, November 3, 2026, the following ballot question pertaining to the Oil Refinery Tax:
Carson Oil Refinery Tax for City Services, Public
Safety, Environmental Cleanup . Shall the measure
maintaining public safety, 9-1-1 emergency response,
addressing homelessness, protecting drinking water,
monitoring air/water quality, providing other general
services, protecting Carson’s long -term financial
stability by establishing a City of Carson tax on oil
refineries of up to $1 per barrel of feedstock, providing approximately $100,000,000 annually, until ended by
voters, requiring public spending disclosure, audits, all funds used locally, be adopted?
YES
NO
Section 3. That the text of the Oil Refinery Tax that is to be submitted to the voters is attached hereto as Exhibit “A” to this Resolution and incorporated herein by this reference as if set forth in full. The City’s designated elections official is hereby authorized and directed to make any non-substantive, clerical, formatting, or conforming changes to this Resolution, the proposed ordinance attached hereto as Exhibit “A,” the above ballot question, and any related election materials as may be required by the Los Angeles County Registrar -Recorder/County Clerk or by applicable law, provided that such changes do not materially alter the Oil Refinery Tax approved by the City Council for submission to the voters.
Section 4. That the vote requirement for the Oil Refinery Tax measure to pass is a majority (50% +1) of the votes cast on the measure.
Section 5. That the City Clerk is designated as the City’s elections official and is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar - Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 6. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law.
Section 7. Pursuant to California Election s Code section 10242, the polls for the General Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain open continuously from that time until eight o'clock p.m. of the same day , when the polls shall be closed, except as otherwise provided in California Election Code section 14401.
Section 8. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections.
Section 9. That notice of the time and place of holding the General Municipal Election is hereby given and the City’s designated elections official is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law.
Section 10. That pursuant to sections 10402 and 10403 of the Elections Code, the Los Angeles County Board of Supervisors is hereby requested to consent and agree to the consolidation of the submission of the Oil Refinery Tax measure at the General Municipal Election with the election conducted by Los Angeles County to be held on Tuesday, November 3, 2026.
Section 11. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418.
Section 12. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 13. That the Los Angeles County Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar -Recorder/County Clerk to take any and all
necessary steps for the holding of this consolidated election.
Section 14. That the City of Carson recognizes that additional costs will be incurred by Los Angeles County by reason of this consolidation and agrees to reimburse Los Angeles County for any costs upon presentation of a properly submitted bill.
Section 15. That the adoption of this Resolution is not subject to review under the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”).
The calling and noticing of a General Municipal Election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines Section 15378 (14 CCR §15378).
The Oil Refinery Tax m easure to be submitted to the voters is a proposed general tax that can be used for any lawful municipal purpose; it is not a commitment to any particular action or project.
Under CEQA Guidelines section 15378(b)(4), this Resolution and the proposed tax is not a project within the meaning of CEQA because it creates a government funding mechanism, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment . Therefore, under CEQA Guidelines Section 15060, review under CEQA is not required.
Section 16. That the City’s designated elections official is hereby directed to file a certified copy of this Resolution with the Los Angeles County Board of Supervisors and the Los Angeles County Registrar-Recorder/County Clerk.
Section 17. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-086, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
EXHIBIT A
CARSON OIL REFINERY TAX ORDINANCE
1 01007.0610 2080773.10
ORDINANCE NO. 26-2611
AN ORDINANCE OF THE PEOPLE OF THE CITY OF CARSON
ESTABLISHING A BUSINESS LICENSE TAX UPON OIL REFINING IN THE CITY OF CARSON BY ADDING A NEW CHAPTER 3.6 TO ARTICLE 6 OF
THE CARSON MUNICIPAL CODE
WHEREAS, the City of Carson (“City”) is authorized by law to establish business license taxes, as an excise tax, upon businesses within the City for the privilege of doing business in the City pursuant to its authority as a charter city, including, but not limited, to Section 200 of Article II and Section 906 of Article IX of the City Charter; Cal. Const. art XI, Section 5; and Government Code Section 37101 and Business & Professions Code Section 16000 et seq. (to the extent applicable); and
WHEREAS, on November 7, 2017, the voters of the City approved Measure “C”, which provided for an “Oil Industry Business License Tax” (“OIBLT”), codified at Carson Municipal Code (“CMC”) §§ 63501 et seq. and which became effective December 1, 2017; and WHEREAS, as of the date of this Ordinance, Tesoro Refining & Marketing Company LLC and the City of Carson are continuing to litigate their controversies and claims before the California Supreme Court in a case styled Tesoro Refining & Marketing Company v. City of Carson, California Supreme Court Case No. S289952; and
WHEREAS, therefore, the purpose of this Ordinance is to establish a business license tax, as an excise tax, upon the refining of oil in the City’s jurisdiction that shall be in addition to any other taxes that are imposed by the City, to the extent applicable.
The People of the City of Carson, California do ordain as follows:
Section 1. This ordinance shall be known and may be cited as the City of Carson Oil Refinery Tax.
Section 2. A new Chapter 3.6 is added to Article 6 of the Carson Municipal Code to read, in its entirety, as follows:
“CHAPTER 3.6 OIL REFINERY TAX
63601 Title.
This Chapter shall be known as the “Oil Refinery Tax” of the City. 63602 Purpose.
This Chapter is enacted to establish a business license tax to raise revenue for municipal purposes and is not intended for the purpose of regulation. The taxes payable hereunder are general taxes within the meaning of Article XIII C of the California Constitution.
63603 Definitions.
2 01007.0610 2080773.10
In this Chapter, the singular number includes the plural and the plural the singular, and the masculine gender includes the other genders. The word “shall” is mandatory, “may” is permissive.
(a) “Barrel of feedstock” shall mean 42 U .S. gallons of feedstock , irrespective of any other industry standards related to different barrel sizes for non- petroleum-based products.
(b) “Conducting oil refining” shall mean the subjecting of feedstock to a refining process.
(c) “Engage in the business” shall mean to commence, operate, manage or carry on a business and to exercise corporate or franchise powers, whether done as an owner or by means of one (1) or more officers, agents, managers, employees, servants or otherwise, within the City, whether or not the business is operated from a fixed location and whether or not such location is within the City. (d) “Feedstock” shall mean crude oil, petroleum, petroleum products, renewable feedstocks, biofuel feedstocks, or other raw or intermediate materials introduced into and processed by a refining process within the City , and includes, without limitation:
(i) Crude oil, crude petroleum, and petroleum;
(ii) Petroleum products that are pre -treated or partially refined offsite and brought onsite for the purpose of further refining there; (iii) Other feedstocks that supply the refining process, inclusive of biofuels feedstocks or renewable feedstocks, including but not limited to oil derived from plants, cooking oil, tallows and other animal fats. (iv) For purposes of calculating the tax imposed by this Chapter, taxable feedstock shall be measured at the point of its first introduction into a refining process within the City and shall not include material previously reported as taxable feedstock under this Chapter.
The volume of feedstock shall be determined from the refinery's official accounting records and refinery feedstock measurement systems used for financial and regulatory reporting, including refinery charge records, custody transfer measurements, or other primary accounting records maintained in the ordinary course of business.
Such records and measurements shall be subject to review, verification, and audit by the Tax Collector pursuant to this Chapter.
Internal recycle streams, intermediate process streams, catalyst circulation streams, slops, reprocessed refinery streams, or other materials generated from feedstock previously reported as taxable 3 01007.0610 2080773.10
feedstock under this Chapter shall not constitute new feedstock solely because they are transferred, blended, stored, recycled, reprocessed, upgraded, or further processed within the refinery.
Materials used solely as fuel, utilities, catalysts, chemicals, additives, or other consumables, and materials merely stored, transferred, blended, or handled in the City without being introduced into and processed by a refining process within the City, sh all not constitute taxable feedstock.
(e) “Person” shall include domestic and foreign corporations, associations, syndicates, joint stock companies, firms, partnerships of every kind, trusts, societies, and individuals.
(f) “Petroleum” shall mean the common definition of petroleum, inclusive of crude oil.
(g) “Petroleum products” shall mean materials derived from petroleum.
For the purposes of this Chapter, petroleum products include, but are not limited to, any product derived from hydrocarbons, including, but not limited to, liquid petroleum gas (LPG), natural gas, gasoline, gas oil, jet fuel, diesel fuel, heavy fuels, lubricants, asphalt, tar, petroleum coke, residuum from distillation of petroleum, paraffins, naphtha, sulfur and petrochemicals.
(h) “Refine,” “refining” and “oil refining” shall mean the process of producing gasoline, gasoline blending stocks, naphtha, distillate fuel oil including but not limited to diesels, kerosene, aviation fuel, lubricants (including but not limited to lube oil), asphalt, petrochemical feedstock, residual fuel oils, solvents, plastics, asphalt (including but not limited to bitumen), biofuels (including but not limited to ethanol, biodiesel, biogas, biomethane, or sustainable aviation fuel), or other similar products through the processing of crude oil, crude petroleum or alternative feedstocks (including but not limited to oil derived from plants, cooking oil, tallows and other animal fats), redistillation of unfinished petroleum derivatives or unfinished biofuel derivatives, cracking, reforming, or other processes to convert feedstocks into other useful products.
(i) “Tax” shall mean the tax imposed by this Chapter.
(j) “Tax certificate” shall mean the certificate issued pursuant to Section 63606 to a taxpayer evidencing that the taxpayer has complied with this Chapter including, but not limited to, payment of all taxes, interest, and penalties owed by a taxpayer pursuant to this Chapter.
(k) “Tax Collector” shall mean the director of finance of the City or his or her designee.
(l) “Taxpayer” shall mean any person required to pay the tax imposed by this Chapter.
63604 Tax Certificate Required.
4 01007.0610 2080773.10
It shall be unlawful for any person to engage in the business of conducting oil refining in the City of Carson without first obtaining a tax certificate and paying the tax required by this Chapter.
63605 Oil Refinery Tax.
In addition to any other taxes imposed by the City, every person engaged in the business of conducting oil refining in the City of Carson shall pay a business license tax per barrel of feedstock , measured by the number of barrels of feedstock first introduced into a refining process within the City of Carson during the reporting period, provided that this tax is not a tax on the sale or use of gasoline or other fuels for propelling motor vehicles or upon the storage of gasoline or other fuels for use by the business doing the storage to fuel motor vehicles operated by or for the benefit of that business. The rate of this tax shall be set by resolution of the City Council except as otherwise provided herein, and may not exceed $1.00 per barrel of feedstock. In the absence of a City Council resolution setting the rate of the tax, the rate shall be $1.00 per barrel of feedstock . After the City Council has set the rate of the tax by resolution, the City Council may subsequently re-set or adjust the rate up or down by resolution at any time , provided the rate shall not at any time exceed the voter-approved maximum of $1.00 per barrel of feedstock. 63606 Issuance of Tax Certificate.
(a) Each taxpayer shall submit a tax return each calendar quarter on a form provided by the Tax Collector. The tax return shall include sufficient information, including, but not limited to, information on the number of barrels of feedstock first introduced into a refining process within the City of Carson during the reporting period , to allow computation of the tax due, as well as any other information deemed necessary by the Tax Collector for the administration of this Chapter and calculation of the tax owed. The tax return shall also be accompanied by payment of all taxes, interest, and penalties due under this Chapter. (b) Tax returns shall be signed under penalty of perjury by an officer or other individual authorized to legally bind the taxpayer. The signer shall certify that:
(1) the information contained in the return is true, correct, and complete to the best of the signer's knowledge;
(2) the reported quantity of taxable feedstock has been determined from the taxpayer's books and records maintained in the ordinary course of business; and
(3) the return is supported by records required to be maintained under Section 63614.
A taxpayer claiming that any barrels are excluded from
taxable feedstock shall maintain and provide records sufficient to substantiate the exclusion. Unsupported exclusions may be 5 01007.0610 2080773.10
disallowed by the Tax Collector.
(c) Upon confirmation that a tax return evidences compliance with this Chapter (including, but not limited to, the payment of any tax, interest, and penalty owed), the Tax Collector shall issue the taxpayer a tax certificate evidencing that compliance.
(d) Annual Reconciliation.
Within ninety (90) days following the close of each calendar year, each taxpayer shall file an annual reconciliation of taxable feedstock reported during the four quarterly reporting periods. The annual reconciliation shall reconcile the total taxable feed stock reported under this Chapter with the refinery's annual accounting records and any annual regulatory or operating reports maintained in the ordinary course of business.
63607 Administration; Gann Limit Override.
(a) The Tax Collector shall be responsible for issuing tax certificates pursuant to this Chapter and otherwise for its administration and enforcement. The people of the City of Carson intend this Chapter to be enforced consistently with the Municipal Code and any rule or regulation promulgated under the Municipal Code. (b) Pursuant to California Constitution, Article XIII B, the appropriation limit for the City is increased to the maximum extent over the maximum period of time allowed under law to allow the City to spend the revenues generated by the taxes and fee imposed by this Chapter to fund City services and for other lawful purposes of the City.
63608 Tax Certificate Expiration; Renewal.
Tax certificates shall expire at the end of each calendar quarter. 63609 Calculation of Initial Business License Tax.
A taxpayer paying an initial business license tax under this Chapter shall report on the tax return required by Section 63606 the number of barrels of feedstock first introduced into a refining process within the City of Carson in the calendar quarter immediately prior to the date of the tax return to allow calculation of the tax imposed by this Chapter. This tax is not imposed upon oil refining conducted before January 1, 2027.
63610 Calculation of Renewal Business License Tax.
Upon expiration of a tax certificate issued under this Chapter, the taxpayer shall report on the tax return required by Section 63606 the number of barrels of feedstock first introduced into a refining process within the City of Carson during the previous calendar quarter to allow calculation of the tax imposed by this Chapter.
6 01007.0610 2080773.10
63611 Tax Certificate Not Transferable – Duties upon Transfer of Business. (a) No tax certificate issued under this Chapter may be transferred to any other person.
(b) Whenever any taxpayer shall cease business or dispose of a business taxed under this Chapter, any tax payable under this Chapter shall be immediately due and payable.
(c) Whenever any taxpayer transfers a business taxed under this Chapter, the transferor and transferee shall be jointly and severally liable for any tax, interest and penalties due from that business under this Chapter up to an d including the date of transfer. No tax certificate may be issued to the transferee until such tax, interest and penalties are paid.
(d) Successor and Assignee Responsibility.
1. If any person, while liable for any amount under this Chapter, sells, assigns or otherwise transfers half (1/2) or more of a business subject to tax under this Chapter, whether voluntarily or involuntarily, the person’s successor, assignee or other transferee, or other person or entity obtaining ownership or control of the business (“transferee”) shall pay that amount and any outstanding penalties and interest when due. A transferee shall notify the Tax Collector of a transfer thirty (30) days before the transfer date; or if the agreement to sell, transfer, or otherwise dispose of the business is made less than thirty (30) days before the date of transfer, on the first business day after the transfer is agreed.
2. A transferee shall be deemed to have satisfied an unpaid liability if the transferee withholds from the purchase price, for the benefit of the City, an amount sufficient to cover the liability, or by otherwise paying the liability and obtaining from the Tax Collector a “tax clearance certificate” showing that all outstanding liability under this Chapter has been paid through the date of transfer.
3. Within ninety (90) days of receiving a written request from a transferee, the Tax Collector may issue a “tax clearance certificate” stating either the amount due as to the business under this Chapter, or stating that there is no liability due for the business through a stated date. The Tax Collector may request records from the transferor to audit the amount due under this Chapter. The Tax Collector shall issue a tax clearance certificate within thirty (30) days of completing such an audit, stating any amount owed, unless the Tax Collector determines the records provided for audit are insufficient to determine whether taxes, fees, penalties and/or interest are due and in what amounts. If so, the Tax Collector may rely on available information to estimate any amount due and shall issue a tax clearance certificate stating that amount.
63612 Due dates; delinquency, interest, and penalties for fraud and negligence. 7 01007.0610 2080773.10
(a) Payment Deadline. The tax imposed under this Chapter is due and payable according to the following schedule:
1. For refining conducted from January 1 to March 31 of that same year, the tax payment shall be due on April 1 and shall become delinquent on April 30 of that same year.
2. For refining conducted from April 1 to June 30 of that same year, the tax payment shall be due on July 1 and shall become delinquent on July 31 of that same year.
3. For refining conducted from July 1 to September 30 of that same year, the tax payment shall be due on October 1 and shall become delinquent on October 31 of that same year.
4. For refining conducted from October 1 to December 31 of that same year, the tax payment shall be due on January 1 of the next year and shall become delinquent on January 31 of the next year. (b) Should the due date occur on a weekend or legal holiday, the return may be paid or postmarked on the next working day.
(c) Every business newly subject to this Chapter shall file a tax return and pay any tax due before the first day of operation (to the extent any tax is owed), and the tax shall become delinquent ninety (90) days thereafter and the penalties of Sections 63612(d) and 63612(e) shall then attach, to the extent applicable. (d) If the tax is not paid when due, a delinquency penalty of ten percent (10%) of the amount of tax due shall accrue. If a portion of the tax is not paid when due, the penalty shall accrue as to the portion unpaid. An additional penalty of fifteen percent (15%) shall accrue if the tax remains unpaid on the 90th day following the date it was first due . Interest (simple) shall accrue at the rate of one percent (1%) each month, or fraction thereof, on the amount of tax from the date the tax becomes delinquent to the date of payment. Interest and penalties accrued shall become part of the tax and shall bear interest as it does and be subject to enforcement and collection as it is.
(e) Upon determining that a taxpayer has been guilty of fraud or negligence in reporting or remitting tax under this Chapter, the Tax Collector may impose additional penalties of fifteen percent (15%) of the difference between the amount of tax the taxpayer initially reported to the City and the tax amount as recomputed by the Tax Collector.
(f) The City Council may modify the percentages provided in Sections 63612(d) and 63612(e) by resolution without voter approval pursuant to California Constitution, article XIII C, section 1, subdivision (e)(5). 63613 Constitutional apportionment.
(a) The tax provided for by this Chapter shall not be so applied to 8 01007.0610 2080773.10
occasion an undue burden upon interstate commerce or to violate the constitutions of the United States and/or the State of California.
(b) When, by reason of the provisions of the Constitution of the United States or the Constitution of California, the tax imposed by this Chapter cannot be enforced without apportionment to business done in the City of Carson, or in California, as the case may be, rules and regulations for apportionment of the tax shall be established as follows:
(1) The City Council from time to time may, but need not, adopt by resolution general guidelines for apportionment.
(2) The Tax Collector, with the approval of the City Attorney, may, but need not, make such rules and regulations for the apportionment of the tax as are necessary and desirable to overcome the constitutional objections and which are consistent with any general apportionment guidelines adopted by resolution of the City Council.
(3) In the absence of such guidelines, rules and regulations, a taxpayer may propose a reasonable apportionment for the Tax Collector’s consideration and, failing that, the Tax Collector shall make such apportionment as he or she shall deem lawful and just.
(c) Notice of any guideline, rule or regulation adopted pursuant to this section shall be given pursuant to Section 63615(c) and such rules and regulations shall be effective as provided in Section 63615(c).
63614 Records.
(a) It shall be the duty of every person required to remit to the City any tax imposed by this Chapter to keep and preserve, for a period of at least five (5) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the remittance to the Tax Collector, which records the Tax Collector shall have the right to inspect at a reasonable time for the purpose of conducting an audit pursuant to Section 63617 or verifying a refund claim pursuant to Section 63616.
(b) The Tax Collector may issue an administrative subpoena to compel a person to deliver, to the Tax Collector, copies of all records deemed necessary by the Tax Collector, to establish compliance with this Chapter, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business.
As an alternative to delivering the subpoenaed records to the Tax Collector on or before the due date provided in the administrative subpoena, such person may provide access to such records outside the City on or before the due date, provided that such person shall reimburse the City for all reasonable travel expenses incurred by the City to inspect those records, including travel, lodging, meals, and other similar expenses, but excluding the normal salary or hourly wages of those persons designated by the City to conduct the inspection.
9 01007.0610 2080773.10
(c) The Tax Collector is authorized, but is not required, to execute a nondisclosure agreement, subject to the City Attorney’s approval as to form, to protect the confidentiality of taxpayer information pursuant to state or federal law including, but not limited to, California Civil Code section 3426 et seq. Whether or not a nondisclosure agreement is executed, nonpublic taxpayer data shall be used only to enforce this Chapter and not made public without the taxpayer’s consent. (d) In addition to the records required by this Section, each taxpayer shall maintain and, upon request of the Tax Collector, provide copies of any federal, state, or local regulatory reports, operating reports, production reports, refinery charge reports, or other reports prepared in the ordinary course of business that identify, reconcile, verify, or substantiate the quantity of feedstock introduced into refining processes within the City. To the extent reasonably available, the taxpayer shall also provide a reconciliation between the taxable feedstock reported under this Chapter and the corresponding quantities reported in such records. The reconciliation shall identify and explain any differences between quarterly reported taxable feedstock and annual refinery accounting records. (e) If any person subject to recordkeeping under this Section unreason- ably denies the Tax Collector access to such records, or fails to produce the information requested in an administrative subpoena within the time specified, then the Tax Collector may impose a penalty of $500 on such person for each day following: (i) the initial date that the person refuses to provide such access; or, (ii) the due date for production of records as set forth in the administrative subpoena.
This penalty shall be in addition to any other penalty imposed under this Chapter or other applicable law.
63615 Rules and regulations for enforcement.
(a) The Tax Collector is authorized to make such rules and regulations as may be necessary to aid or assist in enforcement of the provisions of this Chapter. (b) The Tax Collector shall have the power and duty, and is directed, to enforce this Chapter.
(c) The Tax Collector shall give notice of such rules and regulations by publishing such rules and regulations once in a newspaper of general circulation within the City. If there is no newspaper of general circulation within the City, then the Tax Collector may instead post such rules and regulations in the locations where the agendas are posted for regular meetings of the City Council. Such rules and regulations shall be effective 10 days after such posting or publication. (d) The Tax Collector may prescribe the form of tax returns, annual reconciliations, and supporting schedules necessary to administer this Chapter. 63616 Refunds.
No tax, penalty or interest shall be refunded unless the Tax Collector determines that it has been paid in error, computed incorrectly, overpaid, or collected illegally. 10 01007.0610 2080773.10
No refund shall be made unless a request is received in writing by the Tax Collector within one (1) year of the payment of the tax, interest, or penalty to be refunded.
Such request shall include any information or documentation required by the Tax Collector to establish the basis of the refund claim.
63617 Audits and Adjustments.
(a) Upon request of the Tax Collector, any person subject to tax under this Chapter shall provide the necessary records to substantiate the tax paid or due.
In conducting an audit, the Tax Collector may rely upon refinery operating records, including, but not limited to, accounting records, regulatory reports, production reports, and other business records maintained in the ordinary course of business to verify the quantity of taxable feedstock. If, upon audit of such records or, failing the provision of such records, upon review of such information as the Tax Collector finds to be available and reasonably reliable , the Tax Collector determines the tax imposed by this Chapter has not been paid in full, the Tax Collector shall notify the taxpayer of the balance due, including any accrued penalties and interest. Such amount shall be paid within thirty (30) days after the Tax Collector issues such notice.
(b) If an audit reveals an underpayment equal to two (2) percent or more of the tax properly due for the audit period, the taxpayer shall reimburse the City for the full reasonable and necessary costs incurred by the City in conducting the audit and enforcing this Chapter, including all legal fees and payment for necessary consultants to conduct the audit.
(c) If an audit reveals an overpayment, the Tax Collector shall notify the taxpayer of the amount overpaid. Unless the taxpayer requests in writing a refund of the overpayment within thirty (30) days after the Tax Collector issues such notice, the overpayment shall be applied as a credit against the next tax due. (d) If an audit reveals an underpayment of $100.00 or less, the Tax Collector shall take no action to collect the underpayment. The Tax Collector may adjust this figure for inflation on January 1st of each year using the consumer price index for all urban consumers for the Los Angeles Area that is promulgated by the U.S. Bureau of Labor Statistics. If such consumer price index is no longer calculated by the U.S. Bureau of Labor Statistics, then the Tax Collector may utilize any appropriate successor index.
(e) Rather than request information and conduct an audit, the Tax Collector may request that a taxpayer file a corrected tax return. If such a tax return is filed and the Tax Collector is satisfied with its accuracy, the existence of any underpayment or overpayment under this Chapter shall be determined with reference to that corrected tax return. If a taxpayer fails to file a corrected tax return or if the Tax Collector is not satisfied with a corrected tax return, the Tax Collector may conduct an audit under this section.
(f) In the event the taxpayer's books and records are incomplete, inconsistent, unavailable, or otherwise inadequate to determine the proper amount 11 01007.0610 2080773.10
of tax due, the Tax Collector may determine the tax due using the best information reasonably available.
63618 Appeals.
(a) Initiation – Contents of Notice of Appeal. Any person may appeal any decision of the Tax Collector made under this Chapter within fifteen (15) days of the decision including but not limited to denial of a refund under section 63616 or an underpayment determination under section 63617. The City Council delegates its authority to conduct the hearing on such appeals to a hearing officer appointed for that purpose by the City Manager. The compensation of the hearing officer shall not depend on any particular outcome of the appeal. The hearing officer shall have full authority and duty to preside over the hearing on the matter appealed in the manner set forth herein and as required by law. Any such appeal shall be made by filing it with the City Clerk and any such appeal shall be in writing and shall include the following:
1. The name and address of appellant.
2. The matter appealed.
3. A statement of the grounds of appeal.
4. If the appeal relates to the taxes due, then such appeal shall include the following:
(i) Payment of any tax due under this Chapter and
whether such payment is done under protest.
(ii) Whether the whole tax is claimed to be void, or, if only a part, what part. Any other information reasonably required by the Tax Collector or by a form promulgated by the Tax Collector to allow a hearing officer to determine the appeal.
(b) Notice of Deficiency. If the City Clerk finds a notice of appeal to be deficient, the City Clerk shall deliver to the appellant or mail or cause to be mailed by certified mail addressed to the appellant at the address shown on the notice of appeal a notice of deficiency specifying the particulars in which the notice of appeal is deficient. If within seven (7) days after mailing of a notice of deficiency such deficiency is not corrected by the appellant by filing with the City Clerk a sufficient amendment to the notice of appeal, the notice of appeal shall be deemed to be withdrawn.
(c) Appeal Hearing and Hearing Officer’s Decision.
1. The appeal hearing will be held by the hearing officer within sixty (60) days after the timely filing of an appeal pursuant to this section, unless the 60 day time limit is waived by the appellant, or unless the hearing officer continues the appeal hearing date for good cause and upon written notification to the appellant. Notice of the appeal hearing shall be provided 12 01007.0610 2080773.10
to the appellant at least 10 days before the date of the appeal hearing, unless waived by the appellant.
2. The hearing officer shall review the facts of the matter, written documents submitted for review (including, but not limited to, the appeal filed with the City Clerk), testimony, argument and evidence submitted in writing or orally, and the basis for the Tax Collector’s decision; and determine whether and to what extent to grant or deny the appeal. Such determination by the hearing officer shall be written.
3. Formal rules of evidence shall not apply but the hearing officer shall base his or her decision on relevant, credible evidence of solid value that a reasonable mind could accept as adequate to support a conclusion.
4. The hearing officer’s decision shall be final as to the City, but subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.
(d) Notice of Decision. The independent hearing officer shall cause no- tice of his or her decision to be given to the appellant, which shall include the information required by Code of Civil Procedure Section 1094.6 , subdivision (f).
Such notice shall be given in the manner required by this section for a notice of deficiency. Any amount found to be due shall be immediately due and payable upon the service of notice.
63619 Exhaustion of Administrative Remedies.
Prior to seeking judicial relief on any matter arising under this Chapter, a taxpayer must fully exhaust all administrative remedies provided under this Chapter, including, but not limited to, the requirements of Section 63616 and Section 63618.
Further, any litigation filed by such taxpayer shall be limited to the subject matter of the appeal filed pursuant to Section 63618.
63620 Refining Tax an Excise Tax.
The payment of any amount under this Chapter measured by volume is not a tax on title to or the value of any form of property, but is an excise tax on the privilege of engaging in the business of oil refining in the City. It is not a sales tax or a use tax, or other excise tax on the sale, consumption or use of feedstock or refined products. 63621 Notice.
Any notice to a taxpayer under this Chapter shall be sufficient if deposited with postage prepaid in the United States mail and addressed to the address provided on the taxpayer’s most recent tax return unless a change of address notice has been received, in which case notice is sufficient if mailed to the most recent address of which the Tax Collector has been informed.
63622 Violations.
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It is a violation of this Chapter, punishable as a misdemeanor, to knowingly or intentionally misrepresent to any officer or employee of the City any material fact, relative to any tax imposed under this Chapter. Notwithstanding the foregoing, any provision of this Chapter may be enforced by any action at law or equity or by any other remedy authorized by this Code or other applicable law. Notwithstanding the foregoing, the City Attorney may determine that the interests of justice are served by prosecuting a violation of this Chapter as an infraction. 63623 Suit for recovery of unpaid sums; tax owed a debt to the City.
Any tax, fee, penalty, or interest imposed pursuant to this Chapter shall be deemed a debt to the City and any person who engages in the business of conducting oil refining within the City without payment of the tax provided in this Chapter shall be liable in an action by and in the name of the City in any court of competent jurisdiction for recovery of any such sum.
63624 Remedies Cumulative.
The conviction and punishment of any person for failure to comply with this Chapter shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent prosecution of a violation of this Chapter. All remedies shall be cumulative, and the use of one (1) or more remedies by the City to enforce this Chapter shall not bar the use of any other remedy provided only that double recovery is not permitted. 63625 Annual Audit; Deposit in City’s General Fund.
The proceeds resulting from the tax established by this Chapter shall be deposited into the City ’s General Fund and become subject to the same independent annual audit requirements as other General Fund revenues. In addition, the City shall cause an independent auditor to complete an audit report regarding the collection of this tax and the expenditure of the revenues collected, provided that such report may be combined with the City’s independent annual audit requirements as described above. Such report shall be due on the same date as the City’s independent annual audit of the City’s General Fund and shall inform the public as follows: (i) attest to the inspection of records that establish compliance with this Chapter by the Tax Collector; (ii) state the total revenue generated by this Chapter during the period covered by the audit report; and (iii) affirm how the tax revenue generated under this Chapter is allocated, and if the Tax Collector cannot trace the funds beyond their allocation to the General Fund, a description of that fact by the Tax Collector shall suffice. In complying with this section, the Tax Collector shall not divulge any confidential business information of taxpayers. Noncompliance with this section by the City shall in no way affect the validity, applicability, or enforceability of this Chapter to any person liable for tax payment under this Chapter; noncompliance with this section shall not affect a person’s liability or payment schedule under this Chapter.
63626 Operative Date.
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This Chapter shall be operative on January 1, 2027, such that it shall not be imposed upon any person engaged in the business of conducting oil refining in the City of Carson prior to January 1, 2027, and no tax under this ordinance shall be due prior to January 1, 2027. The tax imposed by this Chapter shall continue until ended by voters.
63627 Construction.
It is the intent of the people of the City of Carson that the tax imposed by this Chapter be limited to the taxing power of the City and not to tax activity outside the tax jurisdiction of the City or to disfavor intercity or interstate commerce. It shall be construed in light of that intent.
63628 City Council Authority to Amend.
The City Council may amend this Chapter, to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council), in any manner that does not constitute a tax increase as defined by Government Code section 53750, subdivision (h). 63629 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Chapter. The people of the City hereby declare that they would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.” Section 3. CEQA. This Ordinance adopts a general tax to fund any lawful purpose of the City. As such, under CEQA Guidelines section 15378(b)(4), this Ordinance and the tax is not a project within the meaning of CEQA because it creates a government funding mechanism, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, under CEQA Guidelines section 15060, review under CEQA is not required.
Section 4. Effective Date; Operative Date. If approved by a majority (50%+1) of the voters of the City of Carson voting at the November 3, 2026, General Municipal Election, then this Ordinance shall become a valid and binding ordinance of the City of Carson, and shall be considered as adopted upon the date that the vote is declared and by the City Council, and this Ordinance shall go into effect ten (10) days after that date, pursuant to Election Code Section 9217.
Section 5. Execution. The Mayor and Clerk of the City of Carson are hereby authorized and directed to attest to the adoption of the Ordinance by the voters of the City of Carson by signing where indicated below.
[SIGNATURES ON FOLLOWING PAGE]
15 01007.0610 2080773.10
I hereby certify that the foregoing Ordinance was PASSED , APPROVED and ADOPTED by a majority vote of the People of the City of Carson, California voting on the 3rd day of November, 2026.
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah K. Bradshaw, City Clerk
01007.0524 2164700.1
RESOLUTION NO. 26-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS REGARDING A GENERAL TAX MEASURE
ESTABLISHING A BUSINESS LICENSE TAX UPON THE BUSINESS OF
CONDUCTING OIL REFINING IN THE CITY OF CARSON TO BE
SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and the laws of the State of California and the City’s Charter; WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on Tuesday, November 3, 2026, at which there will be submitted to the voters a general tax measure establishing a business license tax upon the business of conducting oil refining in the City of Carson (“Oil Refinery Tax”); and
WHEREAS, whenever a municipal ballot measure is authorized, state law provides that the City Council may direct the City Attorney to prepare an impartial analysis and provide for the filing of written arguments for and against the measure to be filed with the City ’s Elections Official.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Pursuant to California Elections Code section 9282, the City Council, or any member or members of the City Council authorized by the City Council, or any individual voter who is eligible to vote on the Oil Refinery Tax, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the Oil Refinery Tax.
Section 3. In the event that more than one argument for, or more than one argument against, the Oil Refinery Tax is timely submitted to the City ’s designated Elections Official, the City’s designated Elections Official shall select one argument in favor and one argument against the Oil Refinery Tax to be printed and distributed to the voters. In selecting the arguments, the City’s designated Elections Official shall give preference and priority in the order named, to the arguments of the following: (1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the Oil Refinery Tax; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the Oil Refinery Tax, in accordance with California Elections Code section 9287(a).
PAGE 2 OF 3
01007.0524 2164700.1
Section 4. In accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the Oil Refinery Tax: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City’s designated Elections Official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the completed and signed Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code section 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City’s designated Elections Official, after which time no arguments for or against the Oil Refinery Tax may be submitted to the Elections Official.
Section 5. The City Council hereby directs the City’s designated Elections Official to transmit a copy of the Oil Refinery Tax to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the Oil Refinery Tax, not to exceed five hundred (500) words in length, showing the effect of the Oil Refinery Tax on the existing law and the operation of the Oil Refinery Tax . The analysis shall include a statement indicating that the Oil Refinery Tax was placed on the ballot by the City Council. If the entire text of the Oil Refinery Tax is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official's office at (310- 952-1720) and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City’s designated Elections Official for the filing of primary arguments.
Section 6. The City ’s designated Elections Official shall cause the City Attorney’s impartial analysis , and duly selected arguments , to be printed and distributed to voters in accordance with applicable law.
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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PAGE 3 OF 4
01007.0524 2164700.1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
PAGE 4 OF 4
01007.0524 2164700.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-087, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
01007.0524 2164701.1
RESOLUTION NO. 26-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING A GENERAL TAX MEASURE
ESTABLISHING A BUSINESS LICENSE TAX UPON THE BUSINESS OF
CONDUCTING OIL REFINING IN THE CITY OF CARSON TO BE
SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 3, 2026
WHEREAS, a General Municipal Election is to be held in the City of Carson, California (“City”), on November 3, 2026, at which there will be submitted to the voters a general tax measure establishing a business license tax upon the business of conducting oil refining in the City of Carson (“Oil Refinery Tax”); and
WHEREAS, California Elections Code section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments regarding City measures submitted at a municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein by this reference.
Section 2. Pursuant to Elections Code section 9285, when the City’s designated elections official has selected the arguments for and against the Oil Refinery Tax submitted at the General Municipal Election to be held on November 3, 2026, which will be printed and distributed to the voters, the City’s designated elections official shall send copies of the argument in favor of the Oil Refinery Tax to the authors of the argument against the Oil Refinery Tax, and copies of the argument against the Oil Refinery Tax to the authors of the argument in favor of the Oil Refinery Tax. The author or a majority of the authors of an argument relating to the Oil Refinery Tax may prepare and submit a rebuttal argument , or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument, not to exceed two hundred fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) persons. The rebuttal arguments shall be filed with the City’s designated elections official not more than ten (10) days after the final date for filing primary arguments. The rebuttal arguments shall be accompanied by the completed and signed Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code section 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
Section 3. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed to the extent they are inconsistent with this Resolution and only as applied to City measures submitted at the General Municipal Election to be held on November 3, 2026.
Section 4. The provisions of Section 2 of this Resolution shall apply only to the
2 01007.0524 2164701.1
General Municipal Election to be held on November 3, 2026, and shall then be repealed.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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3 01007.0524 2164701.1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
4 01007.0524 2164701.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-088, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_____________________________________________________________________________________ BRI Consulting Group, Inc.
1616 S. Voss Road, Suite 845
Houston, Texas 77057
Phone: (713) 575-5100
July 13, 2026
Mr. David C. Roberts, Jr.
City Manager
City of Carson
701 E. Carson Street
Carson, CA 90745
Re: Independent Economic and Accounting Analysis
of the Proposed City of Carson Per-Barrel Refinery Tax
Dear Mr. Roberts:
At the City’s request, BRI Consulting Group, Inc. ("BRI") reviewed the Toll Manufacturing Agreement between Marathon Petroleum Compa ny LP ("Marathon") and Tesoro Refining & Marketing Company LLC ("Tesoro"), together with related financial information, for the purpose of evaluating the economic structure of the parties' relationship and its relevance to the proposed City of Carson per-barrel refinery tax.
Our engagement was limited to the accounting, financial, and economic implications of the Agreement. We were not engaged to render a legal opinion regarding the constitutionality, enforceability, or ultimate economic burden of any proposed ordinance.
Executive Summary
BRI Consulting Group, Inc. ("BRI") was engaged to review the accounti ng, contractual, and financial information available regarding the re lationship between Marathon Petroleum Company LP ("Marathon") and Tesoro Refining & Marketi ng Company LLC ("Tesoro") and to express an independent professional opinion re garding whether the available accounting, contractual, and financial evidence indicates that a proposed City of Carson per-barrel refinery tax, within the range of $0.25 to $1.00 per barrel, would be expected to operate in a co nfiscatory manner as applied to Tesoro.
Our review included the Toll Manufacturing Agreement, the First Amendment thereto, Attachment 1 identifying estimated refinery operating co sts, Marathon Petroleum Corporation's publicly available 2025 Annual Report, and other financ ial informati on made available during our engagement
Mr. David C. Roberts, Jr.
July 13, 2026
The documents reviewed indicate that Tesoro operates under a contra ctual cost-recovery arrangement that differs fundamentally from the bus iness model of a traditional merchant refinery.
Marathon retains ownership of the crude oil, intermediate inventory, and refined petroleum products, while Tesoro provides refining services under a negotiated Manufacturing Fee designed to recover refinery operating costs and maintain an arm's-length commercial relationship.
The Agreement and First Amendm ent also include a separate capital recovery and return mechanism. This agreement-based structure indicates that the parties contemplated both recovery of refinery-related costs and a co mmercially reasonable economic return within the tolling arrangement.
Based upon the information reviewed, we have not identified accounting, contractual, or financial evidence demonstrating that a proposed per-barrel refinery tax within th e range evaluated would necessarily deprive Tesoro of the opportunity to recover refinery operating costs or earn an arm's- length manufacturing return.
In our opinion, the proposed tax should be evaluate d within the context of the Toll Manufacturing Agreement's cost-recovery framework rather than solely by reference to the amount of the tax. While the ultimate determination of whether any tax is confiscatory remains a legal question, the evidence reviewed is consistent with the conclusion that the proposed ordinance would not, in and of itself, be expected to operate in a confiscatory manner as applied to Tesoro.
Assignment
BRI Consulting Group, Inc. ("BRI") was engaged to evaluate av ailable agreemen ts and public financial information regarding the relations hip between Marathon Pe troleum Company LP ("Marathon") and Tesoro Refining & Marketing Company LLC ("Tesoro") and to express an independent professional opinion regarding whether the availabl e accounting, contractual, and financial evidence indicates that a proposed City of Carson per-barrel refinery tax, within the range of $0.25 to $1.00 per barrel, would be expected to operate in a conf iscatory manner as applied to Tesoro.
Documents reviewed included:
• Toll Manufacturing Agreement
• First Amendment to the Toll Manufacturing Agreement
• Tolling Agreement - Attachment 1 (Estimated Refinery Operating Costs) • Marathon Petroleum Corporation's audited 2025 Annual Report • Other publicly available financial information
Our opinion is limited to the information reviewed. We do not express a legal opinion regarding the constitutionality or enforceability of any proposed ordinance.
Mr. David C. Roberts, Jr.
July 13, 2026
Economic Structure of the Toll Manufacturing Agreement
The Agreement reflects a contractua l relationship that differs materially from that of a traditional merchant refinery.
Specifically:
• Marathon owns the crude oil delivered to the refinery. • Marathon retains ownership of intermediate inventory and refined petroleum products. • Tesoro provides refining services under a negotiated Manufacturing Fee. • The Manufacturing Fee is periodically reviewed to maintain a reasonable commercial return. • The First Amendment provides a separate mech anism for recovery of capital and returns thereon, indicating that the compensation framework contemplates both recovery of refinery- related costs and an arm's-length economic return.
Attachment 1 to the Toll Manufacturing Agreemen t sets forth estimated annual refinery operating costs exceeding $1.3 billion , including labor, maintenance, util ities, chemicals, engineering, environmental compliance, general and administra tive expenses, and taxes. These cost categories are consistent with a comprehensive cost-re covery methodology when establishing Tesoro's compensation.
Conclusion
The Agreement reflects a cost-recovery compensation framework under which Tesoro functions as a contract manufacturer rather than a traditional merchant refiner.
Financial Context
Marathon Petroleum Corporation's publicly available audited 2025 Annual Report reports the following figures for Marathon's company-wide Refining & Marketing segment:
Measure Amount
Refining & Marketing Revenue $124.3 billion
Refining & Marketing Adjusted EBITDA $6.1 billio n
Average Refinery Throughput 2.99 million barrels per da y
These figures are not specific to Tesoro, the Los Angeles Refinery, the Carson portion of the refinery, or the Toll Manufacturing Agreement. Th ey are included only to provide public financial context for Marathon's broader Refining & Marketing operations.
Mr. David C. Roberts, Jr.
July 13, 2026
Assuming a maximum estimated annual Carson refinery tax of approximately $100 million, the proposed tax represents approximately:
Comparison Percentage
Marathon Refining & Marketing segment revenue 0.08%
Marathon Refining & Marketing segment adjusted EBITDA 1.6%
These public segment-level figures do not establish Tesoro's individual profitability, Carson refinery profitability, refinery-level net income, or the entity that would ultimately bear the legal or economic burden of the proposed tax. They also do not demons trate that Marathon is contractually obligated to reimburse every future operating cost. They ar e included solely to provide objective public financial context regarding the scale of Marathon's broader Refining and Marketing enterprise Conclusion
The proposed tax is economically modest when viewed in relatio n to the financial scale of Marathon's refining operations.
Economic Analysis
The accounting evidence indicates that the principal issue is not whether the proposed ordinance increases Tesoro's operating costs.
The principal issue is whether the Toll Manu facturing Agreement pr ovides a commercially reasonable mechanism through which material increases in refinery operating costs may be reflected in Tesoro's compensation.
Although the Agreement does not expressly require reimbursement of every future municipal tax, it establishes a negotiated cost-recovery framework under which refinery operating costs form part of the parties' compensation methodo logy and the Manufacturing Fee is periodically reviewed to maintain an arm's-length commercial relationship.
Conclusion
From an accounting and economic perspective, the Agreement provides a commercially reasonable framework through which material changes in refinery operating costs may be addressed.
Mr. David C. Roberts, Jr.
July 13, 2026
Professional Opinion
Based upon our review of the Toll Manufacturing Ag reement, its related schedules, and Marathon Petroleum Corporation's audited fi nancial statements, it is our prof essional opinion that Tesoro's economic position differs materially from that of a traditional merchant refiner.
The Agreement establishes a contract manufac turing relationship under which Marathon retains ownership of the crude oil and refined petroleum products while compensating Tesoro through a negotiated Manufacturing Fee that in corporates refinery operating co sts and is subject to periodic review.
When considered together with Marathon's audited financial information, the evidence indicates that the proposed per-barrel refinery tax should be evaluated within the context of the Agreement's cost- recovery framework rather than solely with reference to the amount of the proposed tax.
Based upon the information reviewed, we have not identified accounting, contractual, or financial evidence demonstrating that a proposed per-barrel refinery tax within th e range evaluated would necessarily deprive Tesoro of the opportunity to recover refinery operating costs or earn a reasonable commercial return.
Nothing in this opinion should be interpreted as concluding that Tesoro will necessarily recover every incremental operating cost or that every future municipa l tax would automatically be incorporated into the Manufacturing Fee. Rather, our opinion is limited to whether the contractual framework provides a commercially reasonable mechanism through which such costs may be addressed.
Accordingly, while the ultimate determination of whether any proposed tax is confiscatory remains a legal question reserved to the courts, our revi ew of the accounting, cont ractual, and financial evidence does not provide economic or financia l support for the conclusion that the proposed ordinance would operate in a confiscatory manner as applied to Tesoro.
Respectfully submitted,
BRI CONSULTING GROUP, INC.
^x|à{ eA `vVtÜà{ç
Keith R. McCarthy, CPA
President
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 24. To: Honorable Mayor and City Council From: Michael George, Government Affairs Officer CMO Administration Subject: CONSIDER RESOLUTIONS TO SUBMIT A CARSON CITY CHARTER AMENDMENT TO THEVOTERS AT THE NOVEMBER 3, 2026, GENERAL MUNICIPAL ELECTION (CITY COUNCIL) I. SUMMARY
The City Council is being asked to consider three resolutions to submit a proposed Charter amendment measure to the City’s voters at the General Municipal Election to be held on Tuesday, November 3, 2026. The proposed measure would amend the charter including amending Sections 301, 319, and 907, and add Section 320, as set forth in Exhibit “A” to Resolution No. 26-092 submitting the measure to the voters and requesting consolidation with the statewide general election.
The resolutions before the City Council would order submission of the proposed Charter Amendment Measure to the voters, request consolidation with the election conducted by Los Angeles County on the same date, set procedures for written arguments and impartial analysis, and provide for rebuttal arguments.
If adopted, the proposed Charter Amendment Measure will include amendment of Sections 301, 319, and 907 of, and addition of Section 320 to, the City’s Charter. The Charter Amendment Measure would propose amendments that will: (1) require campaign contribution transparency; (2) make City Charter consistent with State law on referring ballot measures for voter approval; (3) update term limits to increase voter options; and (4) clarify/clean up inconsistent/outdated language. The full text of the proposed amendments is attached as Exhibit “A” of Resolution No. 26-092 ordering submission of the measure.
II. RECOMMENDATION
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 26-092 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A CHARTER AMENDMENT MEASURE INCLUDING AMENDMENT OF SECTIONS 301, 319, AND 907 OF, AND ADDITION OF NEW SECTION 320
TO THE CITY CHARTER, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE, AND REQUESTING THAT THE LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK CONDUCT ALL NECESSARY ELECTION SERVICES.”
2. WAIVE further reading and ADOPT Resolution No. 26-093 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
REGARDING A PROPOSED CHARTER AMENDMENT MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026.”
3. WAIVE further reading and ADOPT Resolution No. 26-094 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING THE CHARTER AMENDMENT MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026.” III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
The City of Carson is a charter city organized under the California Constitution and laws of the State of California and the City’s Charter.
California Constitution article XI, Section 3, Government Code Section 34458, and Elections Code Section 9255 authorize the City Council to propose amendments to the City Charter and submit them to the voters. Elections Code Section 9255 requires a City Council-proposed charter amendment to be submitted at an established statewide general election, provided there are at least 88 days before the election. A statewide general election will be held on Tuesday, November 3, 2026.
If adopted, the proposed Charter Amendment Measure will amend the charter including Sections 301, 319, and 907, and add Section 320. The Charter Amendment Measure would propose amendments that will: (1) require campaign contribution transparency; (2) make City Charter consistent with State law on referring ballot measures for voter approval; (3) update term limits to increase voter options; and (4) clarify/clean up inconsistent/outdated language. The full text of the proposed amendments is attached as Exhibit “A” of Resolution No. 26-092 ordering submission of the measure.
If approved by a majority of the voters voting on the measure, the Charter amendment would be deemed ratified, but would not take effect until accepted and filed by the California Secretary of State pursuant to Government Code Sections 34459 and 34460.
The proposed action consists of three related resolutions:
The first resolution calls the November 3, 2026 General Municipal Election and submits the Charter Amendment Measure to the City’s qualified voters. The resolution attaches the full text of the proposed amendments as Exhibit “A,” states the applicable majority-vote approval requirement, and provides that any approved Charter amendment will be filed with the California Secretary of State as required by State law. The resolution also requests that the Los Angeles County Board of Supervisors consolidate the City’s election with the statewide general election to be held on the same date and authorize the Los Angeles County Registrar- Recorder/County Clerk to conduct the necessary election services, including preparation and distribution of election materials, use of a consolidated ballot, canvass of the returns, and related election administration.
The resolution further provides that the City will reimburse Los Angeles County for costs incurred by reason of the consolidation.
The second resolution authorizes written arguments for and against the Charter Amendment Measure pursuant to Elections Code Section 9282 and directs the City Attorney to prepare an impartial analysis pursuant to Elections Code Section 9280. Written arguments may not exceed 300 words, and the impartial analysis may not exceed 500 words.
The third resolution authorizes rebuttal arguments pursuant to Elections Code Section 9285. Rebuttal arguments may not exceed 250 words, may not be signed by more than five persons, and must be filed within the time required by the City Clerk/City’s designated elections official.
V. FISCAL IMPACT
There is no direct fiscal impact associated with the City Council’s consideration of the proposed Charter Amendment Measure itself. If the City Council adopts the measure-submission and consolidation resolution, the City will be responsible for its share of Los Angeles County’s costs to consolidate and conduct the election and provide related election services. The final amount will depend on the County’s election-cost allocation and billing.
VI. EXHIBITS
1. Resolution No. 26-092
2. Resolution No. 26-093
3. Resolution No. 26-094
Attachments
1. Resolution No. 26-092
2. Resolution No. 26-093
3. Resolution No. 26-094
01007.0524 2163697.3
RESOLUTION NO. 26-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY A CHARTER AMENDMENT MEASURE
INCLUDING AMENDMENT OF SECTIONS 301, 319, AND 907 OF, AND ADDITION OF NEW SECTION 320 TO THE CITY CHARTER,
REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE, AND REQUESTING
THAT THE LOS ANGELES COUNTY REGISTRAR -
RECORDER/COUNTY CLERK CONDUCT ALL NECESSARY ELECTION
SERVICES
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and laws of the State of California and the City’s Charter, with a governance structure established through the City Charter, and amendments to the City Charter require voter consideration and approval; and
WHEREAS, pursuant to California Constitution Article XI, section 3, Government Code section 34458, and Elections Code section 9255, the City Council may propose amendments to the City Charter and submit the proposed Charter amendment to the voters at an established statewide general election; and
WHEREAS, an established Statewide General Election will be held on Tuesday, November 3, 2026; and
WHEREAS, trust in government and in elected leaders is supported by transparency and access to information by the voters whenever possible; and WHEREAS, the City of Carson desires to enhance local government transparency and campaign accountability by requiring the Mayor and all City Council members to comply with California state campaign contribution disclosure laws, and providing that local reporting rules and dollar thresholds are never less stringent than those mandated by the state; and WHEREAS, the City Council seeks to submit proposed amendments concerning local election laws for voter consideration by updating the City Charter to specify that the number of terms on the City Council is to be determined by voters at their discretion each election cycle, while preserving the current four-year term structure; and
WHEREAS, the City Council recognizes the importance of local voter participation in matters concerning the City’s governance structure; and WHEREAS, the proposed Charter amendments would modernize and clarify municipal voting operations by defining guidelines for both district -based and at -large elections, including representation requirements for Council members and the citywide election of the Mayor, while retaining the City Council authority to expand council representation if Carson's population exceeds
01007.0524 2163697.3
100,000 residents; and
WHEREAS, the City Council desires to align local governance processes with state law, by clarifying that any proposed special tax for specific purposes may be referred to the voters with a majority vote of the City Council, and must then be approved by a two-thirds majority vote of the electorate; and
WHEREAS, the City Council intends to update, clarify, and modernize the City’s contracting procedures by allowing the City Council to authorize the City Manager to approve contracts on any subject matter, provided such approvals comply with applicable federal, state, and local laws and such contracts remain transparently reviewable by the public; and WHEREAS, the City Council seeks to clarify procedures applicable to municipal real property sales, transfers, or conveyance in fee transactions by requiring City Council approval while eliminating Planning Commission requirements; and
WHEREAS, the proposed amendments retain additional approval requirements for certain high-value public assets by requiring that any city -owned real property valued at more than $2,500,000 cannot be sold, transferred, or conveyed without a two -thirds affirmative vote of the City Council via ordinance or resolution; and
WHEREAS, the City Council finds that these proposed changes collectively serve to clarify, modernize, and clean up inconsistent or outdated language within the City Charter, thereby supporting efficient government operations, accountability, and oversight; and WHEREAS, the City Council desires to submit a proposed Charter amendment measure including for amendment of City Charter Sections 301, 319, and 907, and addition of new Section 320, as set forth in Exhibit “A” to this Resolution, to the qualified voters of the City of Carson at the General Municipal Election to be held on November 3, 2026 (the “Charter Amendment Measure”), and to request that the Los Angeles County Board of Supervisors consolidate the Charter Amendment Measure with the statewide general election to be held on the same date and authorize the Los Angeles County Registrar -Recorder/County Clerk to conduct all necessary election services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council of the City of Carson, pursuant to its right and authority, hereby orders submitted to the voters at the General Municipal Election to be held on Tuesday, November 3, 2026, the following question:
Carson City Government Accountability, Charter
Reform, No Tax Increase Measure. Shall the Carson
City Charter be updated including:
• Requiring campaign contribution transparency;
• Making City Charter consistent with State law on
referring ballot measures for voter approval;
YES
NO
01007.0524 2163697.3
• Updating term limits to increase voter options;
• Clarifying/cleaning up inconsistent/outdated
language?
Section 2. That the text of the proposed Charter Amendment Measure that is to be submitted to the voters is attached as Exhibit “A” to this Resolution and incorporated herein by this reference as if set forth in full . The City’s designated elections official is hereby authorized and directed to make any non-substantive, clerical, formatting, or conforming changes to this Resolution, the ballot question, and related election materials as may be required by the Los Angeles County Registrar-Recorder/County Clerk or by applicable law, provided that such chang es do not materially alter the Charter Amendment Measure approved by the City Council for submission to the voters.
Section 3. That the vote requirement for the Charter Amendment Measure to pass is a majority (50% +1) of the voters voting on the measure . If approved by a majority of the voters voting on the measure, the charter amendment shall be deemed ratified, but shall not take effect until accepted and filed by the California Secretary of State pursuant to Government Code Sections 34459 and 34460.
Section 4. That the City Clerk/ City’s designated elections official is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar -Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 5. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law.
Section 6. Pursuant to California Election s Code Section 10242, the polls for the General Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as otherwise provided in California Election Code Section 14401.
Section 7. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections.
Section 8. That notice of the time and place of holding the General Municipal Election is hereby given and the City Clerk/City’s designated elections official is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law.
Section 9. That pursuant to Sections 10402 and 10403 of the Elections Code, the Los Angeles County Board of Supervisors is hereby requested to consent and agree to the consolidation of the submission of the Charter Amendment Measure at the General Municipal Election with the election conducted by Los Angeles County to be held on Tuesday, November 3, 2026.
Section 10. The City Council acknowledges that the consolidated election will be held
01007.0524 2163697.3
and conducted in the manner prescribed in Elections Code Section 10418.
Section 11. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 12. That the Los Angeles County Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar -Recorder/County Clerk to take any and all necessary steps for the holding of this consolidated election.
Section 13. That the City of Carson recognizes that additional costs will be incurred by Los Angeles County by reason of this consolidation and agrees to reimburse Los Angeles County for any costs upon presentation of a properly submitted bill.
Section 14. That the designated elections official is hereby directed to file a certified copy of this resolution with the Los Angeles County Board of Supervisors and the Los Angeles County Registrar-Recorder/County Clerk.
Section 15. If the Charter Amendment Measure is approved by a majority of the voters voting on the measure, the City Clerk is authorized and directed to certify, authenticate, record, and file the approved Charter amendment as required by Government Code Sections 34459 and 34460.
Section 16. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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01007.0524 2163697.3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
01007.0524 2163697.3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-092, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
01007.0524 2163697.3
EXHIBIT A
CHARTER AMENDMENTS
CHARTER SECTIONS TO BE AMENDED (ADDITIONS SHOWN IN BOLD ITALICS AND DELETIONS IN STRIKETHOUGH):
SECTION 301. Elective Officers; Indemnification.
The elective officers of the City shall consist of four city council members, one directly elected mayor, a city clerk, and a city treasurer, either through at large or district elections, as determined by the city council. For any district elections, the members of the city council and the mayor shall be elected by the voters from their respective districts the City at large and the mayor shall be elected by a citywide vote at the time and in the manner provided in this Charter. For any at large elections, city council members and the mayor will be elected by a citywide vote. In the event that the population of the City exceeds one hundred thousand (100,000) residents, by resolution of the city council, the City may increase the elective officers of the City to six city council members, one directly elected mayor, a city clerk, and a city treasurer.
There shall be no term limits for All elective officers shall serve for a term of four years and until their respective successors are elected and qualified. The elective officers in office at the time this Charter takes effect shall continue in office until the termination of their current terms and succeeding terms shall be likewise for four (4) years. The term of each elective officer shall commence no later than five days from the certification of the election results by the city council .
Ties in voting among candidates for officer shall be settled by lot.
Elective officers and employees shall have the same indemnification rights as specified under California State law only.
SECTION 319. Contracts; Property.
B. City Manager Authority to Contract. By ordinance or resolution the city council may authorize the city manager to approve any contract for any subject matter so long as such approval complies with applicable law. By ordinance or resolution the city council may also authorize the city manager to bind the City, with a written contract, including by purchase order, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the city council, and shall by ordinance impose a monetary limit upon such authority as authorized by this Charter.
D. Sale of Real Property. No real property of City may shall be sold, transferred or conveyed in fee without a finding by the planning commission and city council approval by resolution as to the consistency of the sale with the general plan. Moreover, real property valued at more than two million five hundred thousand dollars ($2,500,000), may not be sold, transferred or conveyed except when approved by ordinance or resolution passed by a two -thirds affirmative vote of the city council.
01007.0524 2163697.3
E. Acquisition of Real Property. Any real property which is sold, dedicated, or transferred to City in fee must be accepted by resolution of the city council.
SECTION 907. Limitation on Tax Authority.
(2) Special Tax. The city council shall not impose, extend, or increase any special tax for specific purposes unless and until that tax is submitted to the electorate after a by a two -thirds affirmative vote of the city council consistent with state law and approved by a two-thirds vote of the voters. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.
CHARTER SECTION TO BE ADDED:
SECTION 320. Reporting of Campaign Donations.
Each City councilmember and mayor must comply with state disclosure laws for campaign donations. The City’s local donation disclosure rules shall not be less stringent than those of the state; City may not increase the minimum donation reporting threshold to be higher than the dollar threshold required under state law.
CHARTER LANGUAGE TO BE REMOVED:
The City shall remove all references to a fixed year date contained in the provisions of the charter and Section 907(4) shall be deleted in its entirety.
01007.0524 2163698.3
RESOLUTION 26-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS REGARDING A PROPOSED CHARTER
AMENDMENT MEASURE TO BE SUBMITTED TO THE VOTERS AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and laws of the State of California and the City’s Charter; and WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on Tuesday, November 3, 2026, at which there will be submitted to the voters a measure proposing amendments to the City’s Charter (“Charter Amendment Measure”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Pursuant to California Elections Code Section 9282, the City Council, or any member or members of the City Council authorized by the City Council, or any individual voter who is eligible to vote on the Charter Amendment Measure, or bona fide association of citizens, or any combination of voters and associat ions, are authorized to file a written argument for or against the Charter Amendment Measure.
Section 2. In the event that more than one argument for, or more than one argument against, the Charter Amendment Measure is timely submitted to the City Clerk/Elections Official, the City Clerk/Elections Official shall select one argument in favor and one argument against the measure to be printed and distributed to the voters. In selecting the arguments, the City Clerk/Elections Official shall give preference and priority in the order named, to the arguments of the following: (1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the measure, in accordance with California Elections Code Section 9287(a).
Section 3. In accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the Charter Amendment Measure: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City’s designated elections official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be F iled by Author(s) of Argument as provided for in California Elections Code Section 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City ’s PAGE 2 OF 4
01007.0524 2163698.3
designated elections official, after which time no arguments for or against the Charter Amendment Measure may be submitted to the elections official.
Section 4. The City Council hereby directs the City’s designated elections official to transmit a copy of the Charter Amendment Measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the Charter Amendment Measure, not to exceed five hundred (500) words in length, showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating that the Charter Amendment Measure was placed on the ballot by the City Council. In the event the entire text of the Charter Amendment Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows:
“The above statement is an impartial analysis of Measure. If you desire a copy of the measure, please call the elections official's office at (310-952-1720) and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City’s designated elections official for the filing of primary arguments.
Section 5. The City ’s designated elections official shall cause the City Attorney’s impartial analysis , and duly selected arguments , to be printed and distributed to voters in accordance with applicable law.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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PAGE 3 OF 4
01007.0524 2163698.3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
PAGE 4 OF 4
01007.0524 2163698.3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-093, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
01007.0524 2163909.3
RESOLUTION NO. 26-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING THE CHARTER AMENDMENT MEASURE
TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and laws of the State of California and the City’s Charter; and WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on November 3, 2026, at which there will be submitted to the voters a measure, which proposes charter amendments including amendments to Sections 301, 319, and 907 of, and adding Section 320 to, the City Charter (“Charter Amendment Measure”); and WHEREAS, California Elections Code Section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments regarding City measures submitted at a municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein by this reference.
Section 2. Pursuant to Elections Code Section 9285, when the City’s designated elections official has selected the arguments for and against the Charter Amendment Measure submitted at the General Municipal Election to be held on November 3, 2026, which will be printed and distributed to the voters, the City’s designated elections official shall send copies of the argument in favor of the Charter Amendment Measure to the authors of the argument against the Charter Amendment Measure, and copies of the argument against the measure to the authors of the argument in favor of the measure . The author or a majority of the authors of an argument relating to the Charter Amendment Measure may prepare and submit a rebuttal argument, or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument, not to exceed two hundred fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) persons. The rebuttal arguments shall be filed with the City Clerk /City’s designated elections official not more than ten (10) days after the final date for filing primary arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code Section 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
Section 3. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed to the extent they are inconsistent with this Resolution and only as applied to City measures submitted at the General Municipal Election to be held on November 3, 2026.
2 01007.0524 2163909.3
Section 4. The provisions of Section 2 of this Resolution shall apply only to the General Municipal Election to be held on November 3, 2026, and shall then be repealed.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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3 01007.0524 2163909.3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
4 01007.0524 2163909.3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-094, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 25. To: Honorable Mayor and City Council From: Michael George, Government Affairs Officer CMO Administration Subject: CONSIDER ADOPTION OF RESOLUTIONS TO SUBMIT A NON-BINDING ADVISORY MEASUREREGARDING SCHOOL DISTRICT FORMATION OR REORGANIZATION IN CARSON TO THE VOTERS AT THENOVEMBER 3, 2026, GENERAL MUNICIPAL ELECTION, AND REQUESTING CONSOLIDATION WITH THESTATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE (CITY COUNCIL) I. SUMMARY
The City Council is being asked to consider three resolutions related to submitting a non-binding advisory measure to the qualified voters of the City at the General Municipal Election to be held on Tuesday, November 3, 2026.
The proposed advisory measure would allow the City's voters to express their opinion on whether or not the City of Carson should explore removing the City's incorporated area from the territorial jurisdiction of the Los Angeles Unified School District (LAUSD) and, as feasible, either creating a new K–12 unified school district serving Carson or seeking annexation into another nearby existing school district.
The advisory measure is non-binding and would not itself alter school district boundaries, establish a new school district, or require any action by the City or the Los Angeles County Committee on School District Organization, the California State Board of Education, or any other governmental agency. Rather, the measure would simply provide the City Council with voter input on this question, indicating whether the voters are interested in a potential change from the current inclusion of the City's incorporated area in LAUSD.
The resolutions before the City Council would order submission of the advisory measure to the voters, request consolidation with the statewide general election election conducted by the County of Los Angeles on the same date, establish priorities for the filing of written arguments, direct the preparation of an impartial analysis, and provide for filing of rebuttal arguments.
II. RECOMMENDATION
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 26-089 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A NON-BINDING ADVISORY MEASURE
REGARDING SCHOOL DISTRICT FORMATION OR REORGANIZATION IN CARSON, REQUESTING
CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE, AND
REQUESTING THAT THE LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK CONDUCT ALL NECESSARY ELECTION SERVICES";
2. WAIVE further reading and ADOPT Resolution No. 26-090 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
REGARDING A NON-BINDING ADVISORY MEASURE CONCERNING SCHOOL DISTRICT FORMATION
OR REORGANIZATION IN CARSON, TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026"; AND
3. WAIVE further reading and ADOPT Resolution No. 26-091 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING A NON-BINDING ADVISORY MEASURE CONCERNING SCHOOL DISTRICT
FORMATION OR REORGANIZATION IN CARSON, TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026." III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
The City Council may wish to obtain voter input regarding the possibility of pursuing school district reorganization affecting the City of Carson. The proposed advisory measure asks voters whether or not the City should explore removing the City's incorporated area from the Los Angeles Unified School District and, as feasible, either forming a new K–12 unified school district serving Carson or seeking annexation of Carson's incorporated area into another nearby existing school district.
Under California law, the establishment of a new school district or the reorganization of existing school district boundaries is governed by the California Education Code and involves a separate statutory process administered by the Los Angeles County Committee on School District Organization, the Los Angeles County Office of Education, and ultimately the California State Board of Education, or in some cases even the voters at an election, as applicable. The City of Carson does not have the authority to unilaterally create, dissolve, or reorganize school districts.
Per Elections Code Section 9603, the City may hold, at its discretion, an advisory election on any date on which the City is currently permitted to hold a regular or special election for the purpose of allowing voters within the City, or a portion thereof, to voice their opinions on substantive issues, or to indicate to the City Council approval or disapproval of the ballot proposal. An advisory vote will be indicated as a ballot heading, above the ballot proposal, and by only the following description: “Advisory Vote Only.” This heading is included for the proposed advisory measure (Exhibit 1).
As used in Elections Code Section 9603, “advisory vote” means an indication of general voter opinion regarding the ballot proposal. The results of the advisory vote will in no manner be controlling on the City Council.
Accordingly, the proposed ballot measure is advisory only. Approval of the measure would serve as an expression of the voters' preferences and would provide policy direction to the City Council regarding whether to explore and advocate for school district reorganization affecting Carson. Any future proposal or action to reorganize school district boundaries would remain subject to all applicable legal requirements, review by agencies having jurisdiction over such matters, and approval processes established under state law. Again, no formal school district formation or reorganization action could be taken by the City itself.
If approved by the City Council, the advisory measure will be submitted to the qualified voters of the City at the November 3, 2026 General Municipal Election. The accompanying resolutions also establish the procedures required or authorized under California Elections Code for submission of ballot arguments, preparation of an impartial analysis by the City Attorney, and filing of rebuttal arguments.
V. FISCAL IMPACT
Approval of the proposed resolutions will result in costs associated with placing the advisory measure on the November 3, 2026 General Municipal Election ballot, although the election would be consolidated with the Statewide General Election held on the same date. These costs include election services provided by the Los Angeles County Registrar-Recorder/County Clerk, including ballot preparation, printing, voter information materials, and election administration.
Sufficient funds will be appropriated as part of the City's election-related expenditures, should the City Council adopt the proposed Resolutions. The advisory measure itself has no direct fiscal impact, as it is non-binding and does not authorize or require the expenditure of City funds for school district reorganization or any other action.
VI. EXHIBITS
1. Resolution No. 26-089
2. Resolution No. 26-090
3. Resolution No. 26-091
Attachments
Resolution No. 26-089 Calling Election_Submitting Measure.pdf Resolution No. 26-090 Arguments and Impartial Analysis.pdf Resolution No. 26-091 Authorizing Rebuttal Arguments.pdf
RESOLUTION NO. 26-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY A NON -BINDING ADVISORY MEASURE
REGARDING SCHOOL DISTRICT FORMATION OR
REORGANIZATION IN CARSON , REQUESTING CONSOLIDATION
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE
SAME DATE, AND REQUESTING THAT THE LOS ANGELES COUNTY
REGISTRAR-RECORDER/COUNTY CLERK CONDUCT ALL
NECESSARY ELECTION SERVICES
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and laws of the State of California and the City’s Charter; and WHEREAS, the City Council of the City desires to submit to the qualified electors of the City an advisory measure regarding school d istrict formatio n or reorganization in Carson (“Measure”); and
WHEREAS, the Measure would allow the City's voters to express their opinion on whether or not the City should explore removing the City's incorporated area from the territorial jurisdiction of the Los Angeles Unified School District (LAUSD) and, as feasible, either creating a new K–12 unified school district serving Carson or seeking annexation into another nearby existing school district; and
WHEREAS, per Elections Code Section 9603, the City may hold, at its discretion, an advisory election on any date on which the City is currently permitted to hold a regular or special election for the purpose of allowing voters within the City, or a portion thereof, to voice their opinions on substantive issues, or to indicate to the City Council approval or disapproval of the ballot proposal. An advisory vote will be indicated as a ballot heading, above the ballot proposal, and by only the following description: “Advisory Vote Only.” This heading is included for the Measure. As used in Elections Code Section 9603, “advisory vote” means an indication of general voter opinion regarding the ballot proposal. The results of the advisory vote will in no manner be controlling on the City Council; and
WHEREAS, a General Municipal Election is to be held in the City of Carson on Tuesday, November 3, 2026; and
WHEREAS, an established Statewide General Election is scheduled for November 3, 2026; and
WHEREAS, the City Council desires to submit the Measure to the qualified voters of the City of Carson at the General Municipal Election to be held on November 3, 2026 , and to request that the Los Angeles County Board of Supervisors consolidate the Measure with the Statewide General Election to be held on the same date and authorize the Los Angeles County Registrar - Recorder/County Clerk to conduct all necessary election services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated herein by this reference.
Section 2. That the City Council of the City of Carson, pursuant to its right and authority, hereby orders submitted to the voters at the General Municipal Election to be held on Tuesday, November 3, 2026, the following question:
Advisory Vote Only
Shall the City of Carson explore removing Carson
from the Los Angeles Unified School District
(LAUSD) and, as feasible, either creating a new K–12
unified school district serving Carson or seeking
annexation into another nearby existing school
district?
YES
NO
Section 3. The City’s designated elections official is hereby authorized and directed to make any non-substantive, clerical, formatting, or conforming changes to this Resolution, the ballot question, and any related election materials as may be required by the Los Angeles County Registrar-Recorder/County Clerk or by applicable law, provided that such changes do not materially alter the Measure approved by the City Council for submission to the voters.
Section 4. That the vote requirement for the Measure to pass is a majority (50% +1) of the votes cast on the Measure.
Section 5. That the City Clerk is designated as the City’s elections official and is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar - Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 6. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law.
Section 7. Pursuant to California Election s Code section 10242, the polls for the General Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain open continuously from that time until eight o'clock p.m. of the same day , when the polls shall be closed, except as otherwise provided in California Election Code section 14401.
Section 8. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections.
Section 9. That notice of the time and place of holding the General Municipal Election is hereby given and the City’s designated elections official is authorized, instructed and directed to
give further or additional notice of the election, in the time, form and manner required by law.
Section 10. That pursuant to sections 10402 and 10403 of the Elections Code, the Los Angeles County Board of Supervisors is hereby requested to consent and agree to the consolidation of the submission of the Measure at the General Municipal Election with the election conducted by Los Angeles County to be held on Tuesday, November 3, 2026.
Section 11. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418.
Section 12. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 13. That the Los Angeles County Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar -Recorder/County Clerk to take any and all necessary steps for the holding of this consolidated election.
Section 14. That the City of Carson recognizes that additional costs will be incurred by Los Angeles County by reason of this consolidation and agrees to reimburse Los Angeles County for any costs upon presentation of a properly submitted bill.
Section 15. That the City’s designated elections official is hereby directed to file a certified copy of this Resolution with the Los Angeles County Board of Supervisors and the Los Angeles County Registrar-Recorder/County Clerk.
Section 16. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-089, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
01007.0524 2173241.1
RESOLUTION NO. 26-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS REGARDING A NON-BINDING ADVISORY
MEASURE CONCERNING SCHOOL DISTRICT FORMATION OR
REORGANIZATION IN CARSON, TO BE SUBMITTED TO THE VOTERS
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2026
WHEREAS, the City of Carson (“City”) is a charter city organized under the Constitution and the laws of the State of California and the City’s Charter; WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on Tuesday, November 3, 2026, at which there will be submitted to the voters an advisory measure concerning school district formation or reorganization in Carson (“Measure”); and WHEREAS, whenever a municipal ballot measure is authorized, state law provides that the City Council may direct the City Attorney to prepare an impartial analysis and provide for the filing of written arguments for and against the measure to be filed with the City ’s Elections Official.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Pursuant to California Elections Code section 9282, the City Council, or any member or members of the City Council authorized by the City Council, or any individual voter who is eligible to vote on the Measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the Measure.
Section 3. In the event that more than one argument for, or more than one argument against, the Measure is timely submitted to the City ’s designated Elections Official, the City ’s designated Elections Official shall select one argument in favor and one argument against the Measure to be printed and distributed to the voters. In selecting the arguments, the City ’s designated Elections Official shall give preference and priority in the order named, to the arguments of the following: (1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the Measure; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the Measure, in accordance with California Elections Code section 9287(a).
Section 4. In accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the Measure: (1) shall not PAGE 2 OF 3
01007.0524 2173241.1
exceed three hundred (300) words in length; (2) shall be filed with the City’s designated Elections Official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the completed and signed Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code section 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City ’s designated Elections Official, after which time no arguments for or against the Measure may be submitted to the Elections Official.
Section 5. The City Council hereby directs the City’s designated Elections Official to transmit a copy of the Measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the Measure, not to exceed five hundred (500) words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating that the Measure was placed on the ballot by the City Council. If the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10 -point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official's office at (310-952-1720) and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City’s designated Elections Official for the filing of primary arguments.
Section 6. The City ’s designated Elections Official shall cause the City Attorney’s impartial analysis , and duly selected arguments , to be printed and distributed to voters in accordance with applicable law.
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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PAGE 3 OF 4
01007.0524 2173241.1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
PAGE 4 OF 4
01007.0524 2173241.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-090, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
01007.0524 2173231.1
RESOLUTION NO. 26-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING A NON-BINDING ADVISORY MEASURE
CONCERNING SCHOOL DISTRICT FORMATION OR
REORGANIZATION IN CARSON, TO BE SUBMITTED TO THE VOTERS
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2026
WHEREAS, a General Municipal Election is to be held in the City of Carson, California (“City”), on November 3, 2026, at which there will be submitted to the voters an advisory measure concerning school district formation or reorganization in Carson (“Measure”); and WHEREAS, California Elections Code section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments regarding City measures submitted at a municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein by this reference.
Section 2. Pursuant to Elections Code section 9285, when the City’s designated elections official has selected the arguments for and against the Measure submitted at the General Municipal Election to be held on November 3, 2026, which will be printed and distributed to the voters, the City’s designated elections official shall send copies of the argument in favor of the Measure to the authors of the argument against the Measure, and copies of the argument against the Measure to the authors of the argument in favor of the Measure. The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument , or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument, not to exceed two hundred fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) persons. The rebuttal arguments shall be filed with the City’s designated elections official not more than ten (10) days after the final date for filing primary arguments. The rebuttal arguments shall be accompanied by the completed and signed Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code section 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
Section 3. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed to the extent they are inconsistent with this Resolution and only as applied to City measures submitted at the General Municipal Election to be held on November 3, 2026.
Section 4. The provisions of Section 2 of this Resolution shall apply only to the General Municipal Election to be held on November 3, 2026, and shall then be repealed.
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Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 4th day of August, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Sunny K. Soltani, City Attorney
4 01007.0524 2173231.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw , City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-091, was adopted by the Carson City Council at its meeting held on the 4th day of August, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 26. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER RESCISSION OF PREFERENTIAL PERMIT PARKING ZONE "I" FOR AREA NEARMILLS PARK AND ADOPT RESOLUTION 26-082, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCARSON, CALIFORNIA, TERMINATING PREPERFENTIAL PERMIT PARKING ZONE "I" FOR AREA NEARMILLS PARK, AND REMOVING PREFERENTIAL PARKING REGULATIONS WITHIN THE ZONE (CITYCOUNCIL) I. SUMMARY
Chapter 2.5 of Article 3 of the Carson Municipal Code authorizes the City Council to establish or terminate preferential parking zones based on recommendations from the Public Works Commission and the procedures and criteria established in the Municipal Code. In August 2024, the City received a petition signed by approximately 63 percent of the dwelling units in the Mills Park neighborhood requesting the establishment of a preferential parking zone. Public Works staff subsequently conducted a parking study and determined that the area did not meet the technical criteria for a 24-hour, seven-day-per-week preferential parking zone. Nevertheless, following a public hearing, the Public Works Commission recommended approval of the requested parking zone. On June 3, 2025, the City Council adopted Resolution No. 25-062 establishing Preferential Parking Zone "I" for the Mills Park neighborhood.
Parking regulation signs were installed in January 2026 to implement the new parking restrictions. After residents expressed concerns about the program during a City Council meeting, the signs were temporarily covered while the City conducted additional review and community outreach. The signs were restored on June 15, 2026, reinstating the preferential parking regulations. Shortly thereafter, on June 24, 2026, the City received a petition signed by approximately 59 percent of the dwelling units within the established parking zone requesting that the program be terminated. Public Works staff verified that the petition satisfies the requirements of Carson Municipal Code Section 32502.4 for terminating a preferential parking zone. Accordingly, staff recommends that the City Council adopt Resolution No. 26-082, terminating Preferential Parking Zone "I" and returning the neighborhood to the City's standard parking regulations.
II. RECOMMENDATION
WAIVE further reading and adopt Resolution No. 26-082, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARSON, CALIFORNIA, TERMINATING PREFERENTIAL PARKING ZONE 'I' NEAR MILLS PARK AND REMOVING THE ASSOCIATED PREFERENTIAL PARKING REGULATIONS WITHIN THE ZONE." III. ALTERNATIVES
TAKE another action the City Council deems appropriate and consistent with the requirements of the law.
IV. BACKGROUND
Chapter 2.5 of Article 3 of the Carson Municipal Code (CMC), entitled "Preferential Parking Zones," authorizes the City Council to establish and terminate preferential parking zones by resolution (Exhibit No. 1). A preferential parking zone is intended to help protect on-street parking for neighborhood residents by restricting parking to vehicles displaying a valid City-issued permit or otherwise meeting the parking regulations established for the zone.
Under the Municipal Code, the process for establishing a preferential parking zone begins when the City receives a petition signed by at least 60 percent of the dwelling units within the proposed parking zone. Once a qualifying petition is received, Public Works staff evaluates the request using technical criteria established in the Municipal Code, including parking occupancy and demand, and presents its findings to the Public Works Commission.
Following a public hearing, the Commission forwards a recommendation to the City Council, which has the final authority to approve or deny the request.
Similarly, the City Council may terminate an existing preferential parking zone either by adopting a resolution setting forth the reasons for termination or upon receipt of a qualifying petition from residents within the established zone. To initiate the termination process, the Municipal Code requires a petition signed by more than 50 percent of the dwelling units within the parking zone (50 percent plus one).
On August 24, 2024, the City received a petition requesting the establishment of a preferential parking zone for the residential neighborhood surrounding Mills Park. The petition contained signatures from 100 of the 158 dwelling units within the proposed area, representing approximately 63 percent of the neighborhood and satisfying the Municipal Code's petition requirement.
Following receipt of the petition, Public Works staff conducted a comprehensive parking study to determine whether the area met the technical criteria required for a preferential parking zone under Carson Municipal Code Section 32502.2(c). The study evaluated parking occupancy and demand throughout the neighborhood. The results indicated that the area generally did not satisfy the technical criteria for a 24-hour, seven-day-per-week parking restriction because parking occupancy did not consistently exceed the required threshold. With the exception of the east side of Midtown Avenue, no street segment exceeded the required 75 percent parking occupancy during any continuous eight-hour period.
On April 14, 2025, the Public Works Commission conducted a duly noticed public hearing after providing notification to all properties located within the proposed parking zone and within a 300-foot radius of the affected area. Based on the results of the parking study, Public Works staff recommended that the Commission deny the request because the required technical criteria had not been met. Following public testimony and deliberation, however, the Public Works Commission voted to recommend that the City Council establish the preferential parking zone and further recommended expanding the proposed boundaries to include Abbottson Street between Radlett Avenue and Tajauta Avenue, and Cyrene Drive between Nestor Avenue and Tajauta Avenue.
On June 3, 2025, after considering the Public Works Commission's recommendation, the City Council adopted Resolution No. 25-062 establishing Preferential Parking Zone "I" for the residential neighborhood surrounding Mills Park (Exhibit No. 2). The approved preferential parking zone included the following streets (Exhibit No. 3):
Dimondale Drive from Central Avenue to Radlett Avenue
Pricetown Avenue from Helmick Street to Dimondale Drive Midtown Avenue from Fernrock Street to Dimondale Drive
Radlett Avenue from Abbottson Street to Cyrene Drive
Hillford Avenue from Abbottson Street to Cyrene Drive
Nestor Avenue from Abbottson Street to Cyrene Drive
Cyrene Drive from Radlett Avenue to Nestor Avenue
Abbottson Street from Radlett Avenue to Nestor Avenue
Following the City's implementation of the program, Public Works staff installed the required parking regulation signs throughout the neighborhood in January 2026. Shortly thereafter, several residents attended a City Council meeting to express concerns and ask questions regarding the newly established preferential parking program. In response to those concerns, the City temporarily covered the parking regulation signs while staff reviewed the program and received additional public input. Following that review, the signs were uncovered on June 15, 2026, restoring enforcement of the preferential parking regulations within Zone "I." On June 24, 2026, the City Clerk received a petition requesting termination of Preferential Parking Zone "I" from representatives of the affected neighborhood (Exhibit No. 4). The petition contained signatures from 105 of the 178 dwelling units located within the established parking zone.
Public Works staff reviewed and verified the petition in accordance with the requirements of Carson Municipal Code Section 32502.4 and confirmed that it contains valid signatures representing approximately 59 percent of the dwelling units within the parking zone. Because the petition exceeds the Municipal Code requirement of signatures from more than 50 percent of the dwelling units, it satisfies the legal threshold necessary to initiate termination of the preferential parking zone.
Accordingly, staff recommends that the City Council adopt Resolution No. 26-082, terminating Preferential Parking Zone "I" near Mills Park. Approval of the resolution will remove the preferential parking restrictions within the neighborhood and direct staff to remove the associated parking signage, thereby returning the area to standard City parking regulations.
V. FISCAL IMPACT
None. The Public Works Department's adopted General Fund Operating Budget includes sufficient funding to cover the costs associated with removing the signs necessary to terminate the preferential parking zone. No additional appropriation is required.
VI. EXHIBITS
1. Carson Municipal Code, Article 3, Section 2.5 Location Map
2. Resolution No. 26-082
3. Location Map
4. Preferential Parking Permit Letter and Petition received June 24, 2026
5. Preferential Permit Parking Map
6. Preferential Parking Zones A-I
Attachments
1. Carson Municipal Code Article 3, Section 2.5
2. Resolution No. 26-082
3. Location Map
4. Preferential Parking Permit Letter and Petition Received June 24, 2026
5. Preferential Parking Map
6. Preferential Parking Zone A -I
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/6 /20 /20 /24 /10 /64 /68 /68 /8 /7 /30 /8 /13 /18 /10 /15 /11 /30 /8 /13 /30 /21 /10 /68 /55 /7 /20 /26 □ /63 /5 /9 /5 /24 /6 /15 /11 /5 /64 □ /0 /57 /38 /59 /2 □ /35 /57 /59 /34 /36 /69 /59 /59 /55 /15 /14 /5 □ /70 /21 /1 /9 /7 /10 /6 /7 /11 /12 □ /55 /15 /19 /24 /13 /11 /26 RESOLUTION NO. 26-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, TERMINATING PREFERENTIAL PERMIT PARKING
ZONE “I” FOR AREA NEAR MILLS PARK, AND REMOVING
PREFERENTIAL PARKING REGULATIONS WITHIN THE ZONE
WHEREAS, the residents submitted a petition requesting termination of preferential permit parking on the following street segments:
• Dimondale Dr. from Central Ave. to Radlett Ave.
• Pricetown Ave. from Helmick St. to Dimondale Dr.
• Midtown Ave. from Fernrock St. to Dimondale Dr.
• Radlett Ave. from Abbotson St. to Cyrene Dr.
• Hillford Ave. from Abbotson St. to Cyrene Dr.
• Nestor Ave. from Abbotson St. to Cyrene Dr.
• Cyrene Dr. from Radlett Ave. to Tajuata Ave.
• Abbottson Street from Radlett Ave. to Tajauta Ave; and
NOW, THEREFORE, be it determined by the City Council of the City of Carson, California, that:
Section 1. Preferential Parking Zone “I” , which includes the following street segments, is terminated pursuant to the provisions of Article III, Chapter 2.5 of the Carson Municipal Code:
• Dimondale Dr. from Central Ave. to Radlett Ave.
• Pricetown Ave. from Helmick St. to Dimondale Dr.
• Midtown Ave. from Fernrock St. to Dimondale Dr.
• Radlett Ave. from Abbotson St. to Cyrene Dr.
• Hillford Ave. from Abbotson St. to Cyrene Dr.
• Nestor Ave. from Abbotson St. to Cyrene Dr.
• Cyrene Dr. from Radlett Ave. to Tajuata Ave.
• Abbottson Street from Radlett Ave. to Tajauta Ave.
Section 2. The Director of Public Works is directed to cause signs to be removed giving adequate notice of the termination of this parking regulation.
[MORE]
PASSED, APPROVED, and ADOPTED this 4th day of August, 2026.
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:
Sunny K. Soltani, City Attorney
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Preferential Parking Zones City of Carson
Author: John Hernandez
Published: 05/01/2025
File Path: Z:\GIS Projects - JHZ\Preferential Parking
0 0.5 1 1.50.25 Miles±
City of Carson
Preferential Parking Zones
Author: John Hernandez
Date Published: 04/30/2025
File Path: Z:\GIS Projects - JHZ\Preferential Parking
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CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 27. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER BID PROTEST AND AWARD OF A CONSTRUCTION CONTRACT TO PUBCONSTRUCTION INC. FOR PROJECT NO. 1636: MILLS PARK SITE IMPROVEMENTS AND PROJECT NO.1795: MILLS PARK BUILDING RENOVATIONS AND BUILDING PERIMETER SITE IMPROVEMENTS ANDCONSIDER ADOPTION OF RESOLUTION 26-085, A RESOULTION OF THE CITY OF CARSON COUNCILAMENDING THE FISCAL YEAR 2026-27 BUDGET IN THE GENERAL FUND, SPECIAL REVENUE FUNDS,ENTERPRISE FUNDS, AND THE CAPITAL IMPROVEMENT PROGRAM (CIP) FUND (CITY COUNCIL) I. SUMMARY
Project No. 1636: Mills Park Site Improvements and Project No. 1795: Mills Park Building Renovations and Building Perimeter Site Improvements is listed in the City’s Capital Improvement Program (CIP) and is programmed for Fiscal Year (FY) 2026/27. Project No. 1636, will modernize the 4.45-acre community park with a new playground, basketball court, fitness court, picnic areas, walkways, drainage and irrigation improvements, landscaping, and other park amenities. Project No. 1636 was originally awarded to MBC Enterprise in 2024; however, the contractor failed to make satisfactory progress, resulting in a Notice of Default, and suspension of work, and following unsuccessful attempts to resolve the matter, the City terminated the contract. Separately, Project No. 1795 which includes expansion and renovation of the existing park building, new public restrooms, a splash pad, and related site improvements, was advertised in 2025, but all bids solicited were rejected due to bid irregularities and bidder non-responsiveness.
To improve project coordination, streamline contract administration, reduce construction impacts, and achieve potential cost savings, staff combined the remaining work under both projects into a single construction contract.
The combined project was advertised under IFB No. 26-16 in the Daily Journal, and through the PlanetBids portal from May 21, 2026, to July 2, 2026. Three (3) firms submitted bids which were opened by the Purchasing Division in the City Clerk’s office and read aloud on July 2, 2026. The two apparent low bidders were determined to be non- responsive because they did not comply with the requirements of the Invitation for Bids. Accordingly, PUB Construction, Inc. was determined to be the lowest responsive and responsible bidder with a bid amount of $8,784,777.00.
However, Klassic Engineering and Construction, Inc., the second lowest bidder, submitted a bid protest under Section 2613 of the Carson Municipal Code and the City Council is being asked to make a determination on the merits of the protest pursuant to Section 2613(h)(6). If Council determines the bid protest is without merit, then staff requests that Council award the contract to the lowest responsive and responsible bidder, PUB Construction, Inc., in an amount not to exceed $8,784,777.00. If Council determines the bid protest is meritorious, then it is recommended that no contract be awarded until further investigation can be conducted by staff.
II. RECOMMENDATION
TAKE the following actions:
1. RULE on merits of the bid protest submitted by second lowest bidder, Klassic Engineering and Construction, Inc. unless the protest has been rescinded.
2. AWARD a Construction Contract to the lowest responsive and responsible bidder, PUB Construction Inc. for Project No. 1636: Mills Park Site Improvements and Project No. 1795 Mills Park Building Renovations and Building Perimeter Site Improvements, in an amount not to exceed $8,784,777.00.
3. AUTHORIZE the expenditure of construction contingencies in the amount of $878,478.00 (10%) for any unforeseen construction work and other additional work the City may request as appropriate that may be necessary to complete this project.
4. AUTHORIZE the Mayor to execute a Construction Contract with PUB Construction Inc. following approval as to form by the City Attorney.
5. ADOPT Resolution No. 26-085, "A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2026-27 BUDGET IN THE GENERAL FUND, SPECIAL REVENUE FUNDS, ENTERPRISE FUNDS, AND THE CAPITAL IMPROVEMENT PROGRAM (CIP) FUND", adding $3,000,000 of DIF funds to the project for a revised total project authority of $10,000,000.
6. AMEND the FY26/27 CIP plan to reflect the update to the project funding.
III. ALTERNATIVES
1. DO NOT APPROVE the above recommendations. However, staff will not be able to proceed with the construction of the project.
2. TAKE another action the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
Project No. 1636 – Mills Park Site Improvements
Mills Park is an approximately 4.45-acre community park located at the southeast corner of Central Avenue and East Dimondale Drive in the City of Carson. Project No. 1636, Mills Park Site Improvements, is included in the City's FY 2026/27 Capital Improvement Program (CIP). The project includes construction of a new playground with shade structures, a full-size basketball court, a fitness court with a shade structure, reconstructed picnic areas with permeable paver foundations to comply with Low Impact Development (LID) requirements, new concrete walkways, expanded drainage and irrigation systems, new turf, and site furnishings.
Project No. 1636 was originally advertised as a standalone project in 2024. On October 1, 2024, the City Council awarded a construction contract to MBC Enterprises, Inc. in an amount not to exceed $3,445,254.00. Construction commenced in February 17, 2025 allowing 120 working days for completion. During construction, the City approved 25 calendar days of contract time extension due to unforeseen site conditions and weather-related delays, extending the completion date to September 12, 2025.
The contractor failed to make satisfactory progress and completed only approximately 30 percent of the work despite approved time extensions. The work completed included demolition and site clearing, earthwork and grading, sidewalk reconstruction, basketball court pavement, storm drain improvements, exterior lighting, retaining walls, and irrigation system modifications.
On September 15, 2025, the City issued a Notice of Default based on several contract performance deficiencies, including failure to complete the work within the contract time, inability to procure materials due to financial constraints, requests for the City to purchase contract materials through joint-check arrangements, subcontracting issues, and failure to maintain the required general liability insurance.
On October 2, 2025, the City issued a Notice of Suspension, and MBC Enterprises ceased work on the project.
The City paid MBC Enterprise for work satisfactorily completed through July 2025. Payment requests submitted for August and September 2025 were withheld after the City's Project Manager and Construction Manager received stop-payment notices from vendors and subcontractors. The City thereafter terminated the contract and initiated the process to rebid the remaining work.
Following demobilization, MBC Enterprises left construction debris, project materials, site furnishings, steel shade structure columns, and a storage container containing basketball equipment and miscellaneous project materials at the site. The eastern portion of the construction area remains secured with temporary fencing maintained by the Public Works Department. Since October 2025, the Assistant City Attorney has attempted to negotiate a settlement with MBC Enterprises through its former legal counsel, Feldman & Associates, with respect to the contract termination, treatment of materials already delivered to the project site and payment therefor, and other related issues. On June 16, 2026, the City was notified that Feldman & Associates no longer represented MBC Enterprises. As of July 2026, MBC Enterprises has been non-responsive to the City.
Project No. 1795 – Mills Park Building Renovations and Building Perimeter Site Improvements Project No. 1795 includes an approximately 1,400-square-foot building expansion to provide additional office space, exterior public restrooms, a splash pad equipment room, and additional storage. The project also includes exterior façade improvements, interior renovations consisting of new flooring, kitchen upgrades, restroom improvements, office expansion, construction of new concrete walkways, and replacement of the existing wading pool with a new splash pad featuring integrated bleacher seating.
BOA Architecture was retained to prepare the plans, specifications, and cost estimate for the project. The construction documents were completed and approved by the Building and Safety Division on April 22, 2025. Project No. 1795 (IFB No. 25-10) was separately advertised on April 24, 2025, through the Daily Journal and PlanetBids. Five bids were received on May 22, 2025. After evaluating the bids, staff determined that none satisfied the requirements of the Invitation for Bids due to bid irregularities and bidder non-responsiveness. Accordingly, the Purchasing Manager, with concurrence from the Assistant City Attorney, recommended rejection of all bids. On June 17, 2025, the City Council authorized rejection of all bids and directed staff to re-advertise the project.
Following the suspension of work on Project No. 1636 and the rejection of bids for Project No. 1795, staff was informed that the anticipated grant funding for portions of both projects was not awarded. As a result, the remaining available funding was insufficient to proceed with construction. Accordingly, both projects were placed on hold while the City Attorney's Office pursued a settlement with the previous contractor for Project No. 1636 and staff identified alternative funding sources.
During adoption of the FY 2026/27 Budget, the City Council approved approximately $4 million in additional funding for the Mills Park projects and directed staff to return with a construction contract for award at the earliest opportunity. Rather than re-advertising Project No. 1795 as a standalone project, staff elected to combine it with the remaining work under Project No. 1636 into a single construction contract. Consolidating the projects will allow the City to utilize one contractor for all improvements at Mills Park, resulting in improved project coordination, streamlined contract administration, reduced construction impacts, and potential cost savings through economies of scale.
Combined Projects No. 1636 and No. 1795:
Following the suspension of Project No. 1636 and the rejection of bids for Project No. 1795, staff combined the remaining work under both projects into a single construction contract for all improvements at Mills Park. The combined project was advertised as Invitation for Bids (IFB) No. 26-16 through the Daily Journal and through PlanetBids from May 21, 2026, through July 2, 2026. The bid opening was extended to July 2, 2026, to allow sufficient time to respond to bidder inquiries and issue plan and specification addenda.
Three bids were publicly opened on July 2, 2026. Following a detailed review of the bid documents, staff determined that the apparent low bidder, Builders United LLC, was non-responsive because it did not possess the required California Class A General Engineering Contractor's License and proposed to perform less than 50 percent of the work with its own forces, which did not comply with the requirements of the Invitation for Bids. Staff further determined that the second apparent low bidder, Klassic Engineering and Construction, Inc., was also non- responsive because it submitted its bid using an incorrect bid proposal form rather than the bid sheet included in the Invitation for Bids, rendering the bid non-responsive to the solicitation requirements.
Accordingly, PUB Construction, Inc. was determined to be the lowest responsive and responsible bidder, having submitted a complete bid package that complied with all material requirements of the Invitation for Bids. Staff verified that PUB Construction, Inc. possesses the required contractor's license, submitted the required bid bond, and has successfully completed projects of similar scope and complexity.
The bid results are listed below:
No.Bidder Place of
Business Bid Amount
1. Builders United LLC Las Vegas, NV$7,611,479.99
2. Klassic Engineering &
Construction Inc. Orange, CA$7,733,527.50
3. PUB Construction Inc.Diamond Bar,
CA $8,784,777.00
PUB Construction Inc. is a qualified contractor licensed by the State of California. The bid bond, in the amount of 10% of the total bid, as supplied by Developers Surety and Indemnity Company, is in order, and was submitted with the bid. The contractor’s references have been checked, and it has been verified that the contractor has completed similar projects in an acceptable manner.
The anticipated project schedule is as follows:
Milestone Date
Bid Opening July 2, 2026
City Council Award August 4, 2026
Contract ExecutionAugust 18, 2026
Purchase Order IssuanceAugust 25, 2026
Start of Construction September 15,
2026
Completion of Project No.
1636 March 30, 2027
Completion of Project No.
1795
September 30,
2027
Prior to the start of construction, the City will provide advance notification to nearby residents, businesses, park users, and community organizations regarding the project scope, anticipated construction schedule, temporary park and facility closures, and potential construction-related impacts.
Throughout construction, staff will coordinate with the City's Public Information Office (PIO) to provide timely project updates through the City's website, social media platforms, and other available communication channels. Project information and schedule updates will also be posted at Mills Park through temporary construction signage and informational notices.
In addition, the City's Engineering Division, Parks and Recreation Department, and the construction management team will work closely with the contractor to minimize disruptions to the surrounding community. Staff will respond promptly to public inquiries and concerns throughout construction and will coordinate with affected stakeholders to address access, safety, and operational issues as they arise.
The construction schedule is subject to adjustment due to weather conditions, unforeseen site conditions, and other factors beyond the City's control.
Staff requests that the City Council award the construction contract to the lowest responsive and responsible bidder, PUB Construction, Inc. in an amount not to exceed $8,784,777.00.
Bid Protest:
Klassic Engineering & Construction Inc. (KEC) submitted a bid schedule and a bid price based thereon, according to an outdated bid schedule, as the schedule was updated through IFB Addendum 2; KEC claims it was unaware of the updated version, even though the City’s Planet Bids records confirm that KEC downloaded the referenced Addendum No. 2 documents, including the file titled “ADDENDUM 2 – 1. IFB 26-16 – Front Specifications Bid Addendum Set,” which KEC downloaded on June 24, 2026. The City received a bid protest from KEC on July 27, 2026 through its legal counsel, alleging the City's solicitation documents were defective.
Importantly, KEC failed to file the bid protest in a timely manner as required by CMC Section 2613(f), which solely governs allegations of defects in the City’s solicitation documents. Section 2613(f) states “Interested parties wishing to protest City solicitation documents must do so before the final date to accept bids and within five (5) business days after the date the solicitation documents are issued or amended.” KEC’s protest letter asserts defects in the City’s IFB and related addenda (i.e., solicitation documents). In the protest letter, KEC alleges the City failed to include the revised bid schedule as part of Addendum 2 and did not provide bidders direction on where to locate the reference to the revised bid schedule, and that such failure constitutes a defect in the bid solicitation. This allegation is found on page 3 of the protest letter which states “The City failed to do so and this failure is a substantial defect, error or omission in the solicitation documents that warrants the rejection of all bids and a complete rebidding of the Project”; and “To the extent any additional documents or information were to have been incorporated into the Addenda by reference, the City omitted any reference to these documents and information.” On page 4, KEC further states that City’s failure “rendered the solicitation incomplete and substantially defective.”
Under Section 2613(f), the final date to accept bids was July 2, 2026 and Addendum 3 (the final addendum) was issued June 25, 2026. Accordingly, KEC’s deadline to file a bid protest was July 2, 2026. Because the bid protest wasn't filed until July 27, 2026 (KEC missed its filing deadline by 25 days), through a letter dated July 30, 2026, the City rejected KEC’s protest as being untimely. However, even if the City were to consider the merits of the protest, the City’s proposed award of the project to PUB Construction, Inc. would remain unchanged as detailed in the City's response letter where the City flatly rejected KEC's assertions that Addendum 2 failed to contain sufficient information to notify bidders that the bid schedule was updated. The bid protest was denied because the assertions made about deficiencies in Addendum 2 are false. Addendum No. 2 expressly provided clear and unambiguous notice to ALL prospective bidders that the addendum contained revisions, clarification, and additional information to the solicitation documents and that the addendum was incorporated into the solicitation. Additionally, KEC's bid defect is not waivable by the City under state laws.
California jurisprudence is clear that bids containing irregularities that are non-material in nature may be waived and the agency has the discretion to accept or reject the bid. A bid which contains an immaterial deviation may be accepted, but is not required to be accepted, at the public agency’s discretion. MCM Construction, Inc., v.
City and County of San Francisco, 66 Cal. App. 4th 359 (1998). Bids that are materially non-responsive must be rejected and the agency has no discretion to do otherwise. Bids are materially non-responsive if the variance impacts pricing or gives a contractor a competitive advantage. Valley Crest Landscape, Inc. v. City of Davis, 41 Cal.App.4th 1432 (1996). Here, KEC’s bid was defective because it included an outdated bid schedule which clearly impacted pricing because the bid schedule includes bid items and unit pricing. This is a material non- waivable deviation where the City must reject the bid.
The City Council is now being asked to make a determination on KEC’s bid protest pursuant to Section 2613(h)(6) of the CMC. Both the protest letter, City's response to the letter and any other relevant correspondence and documents related thereto will be provided to Council as a supplement to this report before the Council meeting. If Council determines the bid protest is without merit, then staff requests that Council award a contract to PUB Construction, Inc. If Council determines the bid protest is meritorious, then it is recommended that no contract be awarded until further investigation can be conducted by staff.
V. FISCAL IMPACT
Assuming Council elects to award the contract to PUB Construction, Inc., the total construction bid amount for the project is $8,784,777.00. Staff is recommending a 10% construction contingency in the amount of $878,478.00 to address unforeseen site conditions, change orders, and additional work that may be necessary to successfully complete the project. The total requested authorized construction budget, including the contingency, is $9,663,255.00.
Funding for the projects in the amount of $7,000,000 is included in the adopted FY 2026/27 Capital Improvement Program budget and is available from the following funding sources:
General Fund Account No. 101-99-999-904-8005, $2,000,000 – PW1795 General Fund Account No. 101-99-999-904-8008, $2,000,000 – PW1636 2024 Lease Revenue Bond Account No. 775-99-999-904-8008, $3,000,000 – PW1636 The proposed Resolution No. 26-085 will add an additional $3,000,000 to the projects which will address the approximately $2.7M shortfall needed to cover the construction contract with PUB Construction Inc, and the project contingency. If approved, the Resolution will add the funds as follows:
Development Impact Fees No. 289-99-999-904-8008, $1,000,000 – PW1636 Development Impact Fees No. 289-99-999-904-8005, $2,000,000 – PW1795 VI. EXHIBITS
1. Bid Register & Bid Results
2. Construction Contract
3. Resolution 26-085
4. Amended FY26/27 CIP
Attachments
1. Bid Register
2. (PUB Construction) IFB 26-16 Agreement
3. Resolution 26-085
4. Amended FY26/27 CIP
01007.0006 2172617.2
1 PUBLIC WORKS
AGREEMENT
BETWEEN THE CITY OF
CARSON
AND
PUB CONSTRUCTION, INC.
THIS
PUBLIC WORKS
AGREEMENT
(
“
Agreement
”
) is made and entered into this
____ day of ________, 20
2 6
,
by and between the City of
Carson
, a California
charter city
(
“
City
”
)
and
PUB Construction, Inc.
,
a California corporation
(
“
Contractor
”
).
City and Contractor
may
be referred to,
sometimes
individually or collectively, as
“
Party
”
or
“
Parties.
”
RECITALS
A.
T
he City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B.
Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C.
Pursuant to the City of
Carson
Municipal Code
and California state law
, City has
authority to enter into and execute this Agreement.
D.
The Parties desire to formalize the selection of Contractor for performance of th e
services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1.
CONTRACTOR
SERVICES
1.1 Scope of Work.
T
he Contractor shall
perform all of the work
, furnish all labor, materials, equipment, tools,
utility services, and transportation,
and comply with all of the specifications and requirements in the Bid Documents
for the project entitled
Project No. PW 1636 Mills Park Site Improvements
and Project No. PW 1795 Mills Park Building Renovations and Building Perimeter Site Improvements
(
“
Project
”
).
All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City
, and shall be performed in compliance with all local,
state, and federal laws and regulations
.
As used herein,
“
Bid
Documents
”
refers to all of the
documents included i
n
the solicitation of bids for the Project, including but not limited to, the
Invit
ation
for
Bids, Instructions to Bidders, Bid or Bid Proposal,
Contract Documents,
Special
Provisions,
Technical Provisions,
Construction
Plans,
Standard Plans,
Drawings
,
Reference
Specifications, all applicable permit requirements, any addenda, any applicable Project Labor
Agreement,
and any other documents
included,
referenced
,
or incorporated therein. The Bid
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01007.0006 2172617.2
Documents are incorporated into this Agreement
and made part hereof
.
In the event of any
conflict
between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern
.
1.2 Incorporation of Greenbook.
The provisions
of the
20 2
4 Edition of the Standard Specifications for Public Works Construction
, as updated by errata,
(
“
Greenbook
”
) are incorporated herein, except as explicitly
modified by the Bid Documents.
In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor
and Wage
Law
s
.
(a)
Public Work
.
The Parties acknowledge that the work to be performed under this Agreement is a
“
public work
”
as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the
requirements of
Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the
California Labor Code
relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “
DIR
”
) implementing such statutes.
The
work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR.
Contractor shall post job site notices, as prescribed by regulation.
(b)
Registration with DIR
.
Pursuant to Labor Code section 1771.1,
Contractor
and all subcontractors
must be registered with, and pay an annual fee to, the DIR prior to
and
during
the performance of any work under this Agreement.
(c)
Prevailing Wages
.
Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771.
Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at
City Hall
and will be made available to any
interested party on request.
By initiating any work under this Agreement, Contractor acknowledges rec
eipt of a copy of the DIR
determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
If
this
Agreement is subject to the payment of federal prevailing wages under the Davis -
Bacon Act
(40 U.S.C. § 3141
et seq.
), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d)
Penalty for Failure to Pay Prevailing Wages
.
Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the
City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to thi s
Agreement by Contractor or by any subcontractor.
(e)
Payroll Records
.
Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section
1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
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01007.0006 2172617.2
(f)
Apprentices
.
Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6
,
and 1777.7 and California
Code of Regulations T
itle 8,
S
ection 200
et seq.
concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide
City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the
journeyman and apprentice hours performed
under this Agreement.
(g)
Eight
-
Hour Work Day
.
Contractor acknowledges that eight (8) hours labor
constitutes a legal day
’
s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h)
Penalties for Excess Hours
.
Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -
five dollars ($25) for each
worker employed in the
performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more tha n eight
(8) hours in any one
calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at
not less than one and one
-
half (1½)
times the
basic rate of pay.
(i)
Workers
’
Compensation
.
California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certif
ies as follows:
“
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’
compensation or to
undertake self
-
insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
”
(j)
Contractor
’
s Responsibility for Subcontractors
.
For every subcontractor
who will perform work
under this Agreement
, Contractor shall be responsible for such
subcontractor
’
s compliance with
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code
, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.
Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor ’
s compliance, including
w
ithout limitation, conducting a
review of the certified payroll records of the subcontractor
on a
periodic basis or
upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor
shall diligently take corrective action to halt or
rectify any
such
failure
by any subcontractor.
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01007.0006 2172617.2
1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the
City’s
Project Labor Agreement
, which was fully executed as of March 4, 2020,
by and
between the City and
the
Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions
(the “Project Labor Agreement”), City and
Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor
Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and
take precedence
over the conflicting provision(s) of this Agreement
.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor
’
s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against Ci ty
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties and
restrictions attending performance of the services under this Agreement.
If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.7 Discovery of Unknown Conditions.
(a)
Pursuant to Public Contract Code section 7104,
Contractor shall promptly,
and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a C
lass I, II, or III disposal site in accordance with existing law; (ii) subsurface
or latent
physical
conditions
at the site
, materially different from those indicated
by
information about the site made available to bidders prior to the deadline for submitting bids on the project
; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b)
City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor
’
s cost of, or the time required for, performance of any part of the work, shall issue a change order
in accordance with
this Agreement.
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01007.0006 2172617.2
(c)
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor
’
s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement.
Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.8 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor
for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the projec
t necessarily idled during such work.
Nothing
herein shall be deemed to require
City
to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site
can be inferred from the
presence of other visible facilities, such as buildings, meter s,
and junction boxes, on or adjacent to
the site of the construction; provided, however, nothing herein shall relieve City
from identifying
main or trunklines in the plans and specifications.
If
Contractor,
while performing the
work,
discovers utility facilities not identified by
City in the
plans or specifications,
Contractor
shall
immediately notify
City
and
the
utility in writing.
This Agreement is subject to Government Code
s
ections 4126
through
4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.9 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural eng
ineer employed by the City to whom authority has been
delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to a
llow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees.
Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed there for.
1.10 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof
to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City ’
s own
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01007.0006 2172617.2
negligence.
Stored materials shall be reasonably accessible for inspection.
Contractor shall not,
without City
’
s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.11 Warranty.
Contractor warrants all
work
under the
Agreement
(which for purposes of this Section shall
be deemed to include unauthorized work which has not been removed and any non -
conforming
materials incorporated into the
work
) to be of good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) a
fter the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non
-
conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall
act as soon as requested by the City in response to an
emergency.
In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work.
For any work so
corrected, Contractor
’
s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective
actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement.
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of s ubcontractors,
suppliers and manufacturers with respect to any portion of the work
, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enfo
rce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement
, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non -
conforming
work
and any
work damaged by such work or the replacement or correction thereof at Contractor ’
s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.12 Additional Work and Change Orders.
(a)
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work.
No such extra work
may be undertaken unless a written change order is first given by the City’s Director of Public
Works or City Engineer, or either of their designees,
to the Contractor, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ( “
Change Order
”
).
All Change
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01007.0006 2172617.2
Orders must be signed by the Contractor and
City’s Director of Public Works or City Engineer, or
either of their designees,
prior to commencing the extra work thereunder.
(b)
Any increase in compensation of up to
the amount of contingency approved
by the City Council
at the time the Project was awarded to Contractor
plus any additional
subsequent contingency approved by the City Council
,
if any,
taken either separately or
cumulatively,
or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s
Director of Public Works or City Engineer, or either of their designees .
Any greater increases,
taken either separately or cumulatively, must be approved by the City Council.
(c)
Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the
Contractor’s Bid
.
If the rates in the
Contractor’s Bid
do
not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and
City’s Director of Public Works or City
Engineer, or either of their designees
.
If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i)
Labor
:
The
cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done.
The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii)
Materials and Equipment
:
The
cost of materials and equipment shall
be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.
(iii)
If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order.
The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation,
if applicable; description of other City authorized services and expenditures in such detail as the City may require.
Failure to submit a daily report by the close of the next working day may, at the City
’
s sole and absolute discretion, waive the Contractor
’
s rights for that day.
(d)
It is expressly understood by Contractor that
the provisions of this Section
shall not apply to services specifically set forth in the Scope of Work.
Contractor hereby
acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation the
refor.
City may in its sole and absolute discretion have
similar work done by other contractors.
(e)
No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
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01007.0006 2172617.2
1.13 CARB Compliance.
For a project involving the use of in
-
use off
-
road diesel
-
fueled vehicles, as defined by 13
CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuan t to this contract and all
listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employ
ees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.
1.14 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the
“
Special Requirements
,
”
attached hereto as
Exhibit
B
and incorporated herein
by this reference.
In the event of a conflict between the provisions of
Exhibit
B
and any other
provisions of this Agreement, the provisions of
Exhibit
B
shall govern.
ARTICLE 2.
COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts
set forth in
Contractor’s Bid
attached hereto as
Exhibit
A
and incorporated herein by this
reference
.
Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive
total compensation
,
including reimbursement of Contractor’s expenses
,
of
an amount
not to exceed
Eight Million Seven Hundred Eighty Four Thousand Seven Hundred Seventy Seven Dollars ($8,784,777.00)
(“
Contract Sum
”)
for completion of the work.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month
using the
form
attached hereto as
Exhibit E
and incorporated herein
by this reference.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
A
ll invoices shall include a copy of
Contractor
’s Certified Payroll and proof that Certified
Payroll has been submitted to the DIR.
Contractor
shall also submit a list of the prevailing wage
rates
(including federal prevailing wage rates, if applicable)
for all employees and subcontractors
providing services under this Agreement, as applicable, with Contractor
’s first invoice. If these
rates change at any time during the term of the Agreement, Contractor
shall submit a new list of
rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment
.
(a)
Payments Made
b
y City
.
City shall independently review each invoice
submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed
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01007.0006 2172617.2
or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of an
undisputed and properly submitted invoice
and provided the Project is for construction
, Contractor
shall be entitled to the payment of interest to the extent allowed under Public Contract Code S
ection 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be a ccompanied by a document setting forth
in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any appl
icable law.
(b)
Payments Made
b
y Contractor to Subcontractors
. Contractor shall remit
payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar d
ays if payments are owed by Contractor to any
subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107
of the Public Contract Code.
In the
event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed
one hundred fifty
percent
(150%)
of the disputed amount.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a)
In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
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01007.0006 2172617.2
(b)
At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention
earnings
required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escr
ow agent shall notify the City within ten (10) days
after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall b e
held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3.
PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall complete Project
No. PW 1636
within
120
working days
after
receiving
a “Notice to Proceed”
and Project No. PW1795 within
260
working days
after receiving a “Notice
to Proceed”
from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing.
Time is of the essence. If the work is not completed within said time perio d, liquidated damages
shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of
One Thousand
Dollars ($
1,000.00
) as liquidated damages for each working day of delay in the performance of any service required hereunder
.
The City may withhold any accrued liquidated damages
from any
monies payable on account of services performed by the Contractor.
To the extent required by
Government Code
s
ection 4215, Contractor shall not be assessed liquidated damages for delay in completion of the
work
when such delay was caused by the failure of the
City
or owner of the
utility to provide for removal or relocation of utility facilities.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government
al agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager
in writing of the
causes of the delay. The
Project Manager
shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
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01007.0006 2172617.2
judgment of the
Project Manager
such delay is justified. The
Project Manager
’s determination
shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy be
ing extension of the Agreement pursuant to this
Section.
3.4 Final Acceptance.
A
cceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned
and operated by City.
As a condition to acceptance,
Contractor
shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.
ARTICLE 4.
COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (
“
Principals
”
) are hereby designated as being the
principals and representatives of Contractor authorized to act o
n its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Chris Yi
_
President
_
(Name)
(Title)
________________________
________________________
(Name)
(Title)
________________________
________________________
(Name)
(Title)
The
Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All
personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor
’
s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Contractor shall notify City of any changes in
Contractor
’
s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
-
12 -
01007.0006 2172617.2
4.2 Status of Contractor.
Contractor
shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in
writing by City.
Contractor
shall not at any time or in any manner represent that
Contractor
or any
of
Contractor
’
s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
Neither
Contractor
, nor any of
Contractor
’
s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City
’
s employees.
Contractor
expressly waives any claim
Contractor
may have to any such rights.
4.3 Project Manager
.
The
Project Manager
shall be
Victor Lopez, P.E.
or
any other
person as may be designated
by the
City’s Director of Public Works or City Engineer
. It shall be the
Contractor
’
s responsibility
to assure that the
Project Manager
is kept informed of the progress of the performance of the services and the
Contractor
shall refer any decisions which must be made by City to the Project
Manager
. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Project Manager
. The
Project Manager
shall have authority, if specified in
writing by the
City’s Director of Public Works or City Engineer
, to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision or control of Contractor
’
s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.
Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or
for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City.
All subcontractors shall
obtain, at its or Contractor
’
s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement.
In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City .
Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
-
13 -
01007.0006 2172617.2
transfers into account on a cumulative basis.
In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void.
No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5.
INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting
Contractor
’
s indemnification of City, and prior to commencement of any services under this Agreement,
Contractor
shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a)
General
L
iability
I
nsurance
.
Contractor
shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form
ISO CGL CG
00 01
or equivalent
, in an amount not less than $
5 ,000,000 per occurrence, $
10 ,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “
insured
contract
”
language will not be accepted.
(b)
Automobile liability insurance
.
Contractor
shall maintain automobile
insurance at least as broad as Insurance Services Office form ISO
CA 00 01
,
including “any auto”
and endorsement CA 0025 or equivalent,
covering bodily injury and property damage for all
activities of the
Contractor
arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount
not less than $
2 ,000,000 combined single limit for each accident.
(c)
Workers
’
compensation insurance
.
Contractor
shall maintain Workers
’
Compensation Insurance (Statutory Limits) and Employer
’
s Liability Insurance (with limits of at
least $1,000,000).
(d)
Builder’s Risk Insurance
. Contractor shall maintain Builder’s Risk (Course
of Construction) insurance utilizing an
“
All Risk
”
(Special Perils) coverage form, with limits equal
to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions.
The policy must include:
(1) coverage for any ensuing loss from faulty workmanship, n
onconforming
w
ork, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and
all other properties
constituting a part of the
p
roject; (4)
o
rdinance or law coverage for contingent rebuilding,
demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or
receiving contractor), with sub
-
limits sufficient to insure the full replacement value of any key equipment item; (6)
o
cean marine cargo coverage insuring any
p
roject materials or supplies, if
applicable; (7) coverage with sub
-
limits sufficient to insure the full replacement value of any property or equipment stored either on or off the
project s
ite or any staging area.
If the
P
roject does not involve new or major reconstruction,
then
at the option of
City
, an Installation
Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that
-
14 -
01007.0006 2172617.2
provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, stru cture, machinery or equipment damaged,
impaired, broken, or destroyed during the performance of the w
ork, including during transit,
installation, and testing at the
Project
site.
(e)
Pollution Liability Insurance
. Contractor shall maintain Environmental
Impairment Liability insurance, written on a C
ontractor
’s Pollution Liability form or other form
acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000
in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as
“
covered operations.
”
The policy shall provide coverage for the hauling
of waste from the project site to the final disposal location, including non -
owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using
subcontractors, the
p
olicy must
include work performed
“
by or on behalf
”
of the insured. Policy shall contain no language that
would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insu
rer.
If
C
ontractor maintains broader coverage and/or higher limits than the minimums shown above,
City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by
C
ontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
City
.
5.2 General Insurance Requirements.
(a)
Subcontractors
. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(b)
Proof of
I
nsurance
.
Contractor
shall provide certificates of insurance
and
endorsements
to City as evidence of the insurance coverage
s
required herein, along with a waiver
of subrogation endorsement for workers
’
compensation. Insurance certificates and endorsements
must be approved by City
’
s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c)
Duration of
C
overage
.
Contractor
shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor
, its agents, representatives, employees or
subcontractors
.
(d)
Primary/noncontributing
. Coverage provided by
Contractor
shall be
primary and any insurance or self
-
insurance procured or maintained by City shall not be required
-
15 -
01007.0006 2172617.2
to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non
-
contributory basis for the benefit of City before the City ’
s own insurance or self
-
insurance shall
be called upon to protect it as a named insured.
(e)
City
’
s
R
ights
of
E
nforcement
. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will
be promptly reimbursed by
Contractor
or City will withhold amounts sufficient
to pay premium from
Contractor
payments. In the alternative, City may cancel this Agreement.
(f)
Waiver of
S
ubrogation
. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor
or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Contractor
hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its subcontractors
.
(g)
Enforcement of
C
ontract
P
rovisions
(non
-
estoppel)
.
Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor
of non
-
compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h)
Requirements
N
ot
L
imiting
. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given cover
age feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Contractor
maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor
. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i)
Notice of
C
ancellation
.
Contractor
agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j)
Additional
I
nsured
S
tatus
. General
and
a
uto
liability policies shall provide
or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability polic
ies.
-
16 -
01007.0006 2172617.2
(k)
Prohibition of
U
ndisclosed
C
overage
L
imitations
. None of the coverages
required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l)
Separation of
I
nsureds
. A severability of interests provision must apply for
all additional insureds ensuring that
Contractor
’
s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer ’
s limits of
liability. The policy(ies) shall not contain any cross
-
liability exclusions.
(m)
Pass
T
hrough
C
lause
.
Contractor
agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in the project by
Contractor
, provide the same minimum insurance coverage and endorsements required of
Contractor
.
Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor
agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
(n)
Agency
’
s
R
ight
to
R
evise
S
pecifications
. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by giving the
Contractor
ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the
Contractor
, the City and
Contractor
may renegotiate
Contractor
’
s compensation.
(o)
Self
-
I
nsured
R
etentions
. Any self
-
insured retentions must be declared to
and approved by City. City reserves the right to require that self -
insured retentions be eliminated,
lowered, or replaced by a deductible. Self
-
insurance will not be considered to comply with these
specific
ations unless approved by City.
(p)
Timely
N
otice
of
C
laims
.
Contractor
shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor
’
s performance
under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q)
Additional
I
nsurance
.
Contractor
shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an
“Indemnitee”)
from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with
Contractor's
performance
of
work
under this Agreement
or its failure to comply with any of
its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal
counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City
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17 -
01007.0006 2172617.2
its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employee s and volunteers) with respect to claims
determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad
and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without
affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligen
ce is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability i
nvolved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third
-
Party Claims.
City shall timely notify Contractor of the receipt of any third -
party claim relating to the
work under this Agreement.
City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance
and Payment
Bonds.
Concurrently with execution of this Agreement
,
Contractor shall deliver to the City
all of
the following bonds
if the Contract Sum should exceed $25,000
:
(a)
A
performance bond secur
ing
the faithful performance of this Agreement
,
in
an
amount not less than 100% of the total compensation for this Agreement , as stated in Section
2.1 .
(b)
A
payment
bond
, securing the payment of all persons furnishing labor
and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds
shall be on
the applicable
form
s
provided in Exhibit “C”
and Exhibit “D”
attached hereto
and made part hereof
. The bonds shall each
contain the original notarized signature
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his
/her
power of attorney.
The bond
s
shall be unconditional and remain in force during t
he entire
term of the Agreement
until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “
A
-
”
or better in the most recent edition of
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18 -
01007.0006 2172617.2
Best
’
s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better.
If
the City
determines that the work to be performed under
this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bond s
m
ay be changed accordingly upon
receipt of written notice from the
City
’s Risk Manager
.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have occurred:
(a)
Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b)
the Project has been accepted; and
(c
)
after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved,
Contractor
has provided statutory bond, or otherwise as
required by applicable law.
ARTICLE 6.
RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents r elating to the disbursements
charged to City and services performed hereunder (the
“
books and records
”
), as shall be necessary
to perform the services required by this Agreement and enable the Project Manager
to evaluate the
performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed.
The
Project Manager
shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor
’
s business, custody of the books and records may be given to City, and access shall be provided by Contractor
’
s successor in interest.
Notwithstanding the
above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager
such reports
concerning the performance of the services required by this Agreement as the Project Manager
shall require.
Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees
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01007.0006 2172617.2
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein
,
Contractor shall promptly notify the
Project Manager
of said fact, circumstance, technique or event
and the estimated increased or
decreased cost related thereto
.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “
documents and materials
”
)
prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project
Manager
or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials he reunder.
Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City ’
s sole risk and without
liability to Contractor, and Contractor
’
s guarantee and warranties shall not extend to such use, reuse or assignment.
Contractor may retain copies of such documents for its own use.
Contractor
shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Moreover,
Contractor
with respect to any documents and materials that may
qualify as
“
works made for hire
”
as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“
works made for hire
”
for the City.
6.4 Confidentiality and Release of Information.
(a)
I
nformation gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.
Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager
.
(b)
Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the
Project Manager
or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “
voluntary
”
provided
Contractor gives City notice of such court order or subpoena.
(c)
If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys
’
fees, caused by or incurred as a result of Contractor
’
s conduct.
(d)
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
-
20 -
01007.0006 2172617.2
deposition, request for documents, interrogatories, request for admiss ions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding.
Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by Contractor.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7.
ENFORCEMENT OF AGREEMENT
; DEFAULT
, SUSPENSION
AND
TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of
Los Angeles
, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the
Central
District of California, in the County of
Los
Angeles
, State of California.
7.2 Default of Contractor.
Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contract or for any work performed after
the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or condition
s of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten
(
10 ) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other pr
ovision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7.3 Suspension and
Termination.
(a)
The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days
prior
written notice. Upon receipt of said notice, Contractor shall immediately cease all
work under this
Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or
invalidate the remainder of this Agreement.
(b)
This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the
-
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01007.0006 2172617.2
Project accepted by City
up to the effective date of termination
unless any portion of the Project is
accepted by City after termination in which event Contractor shall be paid for such completed portion.
7.4 Dispute
Resolution Process.
Section 20104
et seq
.
of the California Public Contract Code prescribes a process utilizing informal co
nferences, non
-
binding judicial
-
supervised mediation, and judicial arbitration to
resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The inte
nt of this Section is to implement Sections 20104
et seq
. and Section 9204 of the California
Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures,
“c
laim
”
means a separate demand by the Contractor,
after the City has denied Contractor’s timely and duly made request for payment for ext ra work
and/or a time extension
, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement
and payment of which is
not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a)
Claim Submittal
.
The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede
notice requirements otherwise provided
in the Agreement
for the filing of claims, including all
requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensat
ion or payment thereon.
(b)
Supporting Documentation
.
The Contractor shall submit all claims in the
following format:
(i)
Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii)
List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.
(iii)
Chronology of events and correspondence related to the claim.
(iv)
Statement of grounds for the claim.
(v)
Analysis of the claim’s cost, if any.
(vi)
Analysis of the claim’s time/schedule impact, if any.
-
22 -
01007.0006 2172617.2
(c)
City’s Response
.
Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what po
rtion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
(i)
If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45
-
day period, or extens
ion, expires to provide the Contractor
a written statement identifying the disputed portion and the undisputed portion.
(ii)
Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and
provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(iii)
The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d)
Meet
a
nd Confer
.
If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s fail
ure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlem ent of the dispute.
(e)
Mediation
.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding
mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been
identified in writing, unless the parties agree to select a mediator at a later time.
(i)
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged b y its respective
mediator in connection with the selection of the neutral mediator.
-
23 -
01007.0006 2172617.2
(ii)
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation
or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(iii)
Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
(iv)
All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(f)
City’s Responses
.
The City’s failure to respond to a claim from the
Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is deni
ed by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to
respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g)
Government Code Claims
.
If following the mediation, the claim or any
portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900
et seq.
prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed wo
rk, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the
City may be
filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of al
l unresolved claims unless a new unrelated claim
arises after the Government Code claim is submitted. For purposes of Government Code Section 900
et seq
., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and conf er conference or mediation that
does not result in a complete resolutions of all claims.
(h)
Civil Actions for Claims of $375,000 or Less
.
The following procedures
are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i)
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -
binding mediation unless waived by
mutual stipulation of both parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
-
24 -
01007.0006 2172617.2
shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court
or by stipulation of both parties
.
If the parties fail to select a mediator within the 15
-
day period, either party may petition the court
to appoint the mediator.
(ii)
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 114 1 .11 of that code. The Civil
Discovery Act (
Title 4
(commencing with Section 2016
.010
) of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii)
Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir
customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
(iv)
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition t o payment
of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.5 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
No delay or omission in the exercise of any right or remedy by a non
-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.6 Rights and Remedies
A
re
Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the other party.
7.7 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, i
n entering into this Agreement,
Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes
-
25 -
01007.0006 2172617.2
of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or ma terials related to this
Agreement.
This assignment shall be made and become effective at the time the City t
enders final
payment to the Contractor without further acknowledgment by
the Parties.
ARTICLE 8.
CITY OFFICERS AND EMPLOYEES: NON
-
DISCRIMINATION
8.1 Non
-
liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor
’
s performance of services under this
Agreement.
Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the
Project Manager
.
Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which
a
ffects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation.
The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestr y, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8
U.S.C.
§
1101
et seq.
, as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ
-
26 -
01007.0006 2172617.2
such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys ’
fees, incurred by City.
ARTICLE 9.
MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement
shall be deemed to be inserted herein, and the
Agreement
shall be read and enforced as though it
were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to m
ake such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first
-
class mail, in the case
of the City, to the City Manager
and to the attention of the Project Manager (with her/his name and City title), City of Carson
,
701
E Carson Street
,
Carson,
California
90745
and in the case of the
Contractor
, to the person(s) at the
address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered
or in seventy
-
two (72) hours from the time of
mailing if mailed as provided in this Section.
9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.4 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the
same Agreement. All signatures on bonds must be originals.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties.
It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, an
d none shall be used to interpret this Agreement.
No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Contractor and by the
-
27 -
01007.0006 2172617.2
City Council.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unen forceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid pr
ovision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non
-
Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in v
iolation of any State or municipal statute or regulation.
The determination of
“
financial interest
”
shall be consistent with State law and shall not include interests found to be “
remote
”
or
“
noninterests
”
pursuant to Government Code Sections 1091 or 1091.5.
Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conseque
nce of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement.
Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-
28 -
01007.0006 2172617.2
IN WITNESS WHEREOF
, the parties hereto have executed this Agreement on the date and year first
-
above written.
CITY
:
CITY OF
CARSON
,
a
California charter
city
______________________________
Lula Davis
-
Holmes,
Mayor
ATTEST:
Dr. Khaleah
K
. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______
_______________________
Sunny
K.
Soltani
, City Attorney
[pks; rjl]
CONTRACTOR
:
PUB CONSTRUCTION, INC., a California
corporation
*
By:
______
_________________________
Name:
______
_______________________
Title:
______
_______________________
*
By:
______
_________________________
Name:
______
_______________________
Title:
______
_______________________
Address:
23545 Palomino Dr., #104
Diamond Bar, CA 91765
*
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial
Officer or any Assistant Treasurer. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR ’
S
BUSINESS ENTITY.
01007.0006 2172617.2
A
-
1 EXHIBIT A
CONTRACTOR’S BID
01007.0006 2172617.2
A
-
2 01007.0006 2172617.2
A
-
3 01007.0006 2172617.2
A
-
4 01007.0006 2172617.2
A
-
5 01007.0006 2172617.2
A
-
6 01007.0006 2172617.2
A
-
7 01007.0006 2172617.2
A
-
8 01007.0006 2172617.2
EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through
and additions shown in
bold and italics
.
None.
01007.0006 2172617.2
EXHIBIT C
PERFORMANCE BOND
We,
PUB Construction, Inc.
,
a California corporation,
as Principal, and ____________, as Surety,
jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Eight Million
Seven Hundred Eighty Four Thousand Seven Hundred Seventy Seven Dollars ($8,784,777.00)
.
City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of t he terms and
conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and
Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein pro vided, on Principal's
part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and age
nts, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably es timate as the cost of completing all of
Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should
be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wis e affect its obligation on this
bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
01007.0006 2172617.2
Executed this
day of _________, ____.
Seal of Corporation
_____________
By:____________________________________
Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California:
( ) _____________________
[name of surety company]
_________________________
____________________________________
Name
Street Number
_________________________
____________________________________
Street Number
City and State
_________________________
____________________________________
City and State
Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury
Department), and otherwise meet the
requirements of the agreement.
01007.0006 2172617.2
EXHIBIT
D
PAYMENT
BOND
We,
PUB Construction, Inc., a California corporation,
as Principal, and ____________, as Surety,
jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of
Eight Million Seven Hundred Eighty Four Thousand Seven Hundred Seventy Seven Dollars ($8,784,777.00)
.
City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and
conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City an
d Principal. If Principal or any of Principal's
contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq
. of the
California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the sam e in an amount not exceeding the sum
specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.
If Surety fails to perform within the times specified in the
agreement, Surety shall promptly on
demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy betwee
n Principal and City regarding Principal's failure under the agreement.
Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligatio n
herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq
. of
the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any
way affect its obligation on this
bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
01007.0006 2172617.2
Executed this _____________ day of ___________, ______.
Seal of Corporation
______________
By:______________________________
Authorized Representative of Principal
Title: __________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California:
( ) ________________
[name of surety]
_________________________
_____________________________
Name
Street Number
_________________________
_____________________________
Street Number
City and State
_________________________
_____________________________
City and State
Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury
Department), and otherwise meet the
requirements of the agreement.
01007.0006 2172617.2
EXHIBIT
E
INVOICE FORM
RESOLUTION NO. 26-085
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2026–27
BUDGET IN THE GENERAL FUND, SPECIAL REVENUE FUNDS, ENTERPRISE FUNDS, AND THE
CAPITAL IMPROVEMENT PROGRAM (CIP) FUND
WHEREAS, the City Council adopted the Fiscal Year 2026-27 budget on June 16, 2026, for the General Fund and Special Revenue Funds of the City via Resolution No. 26-063; and
WHEREAS, the City Council desires to amend the Fiscal Year 2026-27 budget; and
WHEREAS, the City Council has determined it necessary to amend the Fiscal Year 2026-27 General Fund budget, Special Revenue Funds, Enterprise Funds, and Capital Improvement Program (CIP) budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following amendment(s) will be made to the City’s Fiscal Year 2026-27 budget.
Account Description Increase/(Decrease)
289-99-999-904-8008-PW1636 Development Impact Fee $1,000,000 289-99-999-904-8005-PW1795 Development Impact Fee $2,000,000
Section 2. The City Clerk shall certify the adoption of this resolution and shall keep a copy of this resolution attached to the Fiscal Year 2026-27 budget on file, and effective as of August 4, 2026, the same shall be in force and effect.
PASSED, APPROVED, AND ADOPTED this 4th day of August, 2026.
APPROVED AS TO FROM: CITY OF CARSON:
_________________________ ________________________
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor
ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 26-085 adopted by the City of Carson City Council at its meeting held on August 4, 2026 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMEBES:
ABSENT:
COUNCIL MEMBERS:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
PROJ # PROJECT NAME Adopted FY26-27 Funding FY26-27 Revised PW0675 Sepulveda Blvd -Widening 6,456,186.00$ 6,456,186.00$ PW1368 Carriage Crest Park Expansion and Improvement Project 3,000,000.00$ 3,000,000.00$ PW1393-5 Avalon Boulevard - from Lomita Blvd to 223rd Street Roadway Reconstruction -$ -$ PW1396 Dominguez Street Roadway Reconstruction -$ -$ PW1411-5 Avalon Boulevard - from Lomit Blvd to 223rd Street Concrete Replacement -$ -$ PW1413-5 Annual Slurry Seal & Crack Seal Program (Preventative Maintenance) -$ -$ PW1416 Calas Park & Fosia Park Roof Repair 500,000.00$ 500,000.00$ PW1451
Bike lane installation on Avalon Boulevard, Central Avenue, Del Amo Boulevard, 223rd Street, Main Street, Victoria Street, and Carson Street -$ -$ PW1452
Bike lane installation and median modifications on Figueroa Street, Main Street, 223rd Street, and Avalon Boulevard. 8,727,481.00$ 8,727,481.00$ PW1484 Dugout Cover Installation at 9 Parks -$ -$ PW1490 Dominguez Channel Bike Path I 500,000.00$ 500,000.00$ PW1515 Carson Stormwater Capture Facility at Carriage Crest Park -$ -$ PW1534 Active Transporation Program - Santa Fe Bike Lane 1,500,000.00$ 1,500,000.00$ PW1600 Dominguez Channel Bike Path II 500,000.00$ 500,000.00$ PW1608 Martin Luther King Jr. Street Rehabilitation Project -$ 6,200,000.00$ PW1610 Foisia Park Design and Construction -$ -$ PW1612 Traffic Signal Installation- Broadway and Griffith -$ -$ PW1613 Traffic Signal Installation - Main St at Lenardo Dr -$ -$ PW1615 Traffic Signal Installation - Lenardo Dr at Stamps Dr -$ -$ PW1616 Traffic Signal Installation-3 Driveways - Lenardo Dr at FOLA Driveways -$ -$ PW1617 Lenardo Drive 49,333,243.00$ 49,333,243.00$ PW1620 Lomita Blvd-Street Improvement - Figueroa to Avalon -$ -$ PW1630 Anderson Park Electrical Panel- Design and Construction -$ -$ PW1632 Community Center Coiling Wall & Seismic Analysis -$ -$ PW1636 Mills Park Site Reconstruction Project 2,000,000.00$ 3,000,000.00$ PW1639 Veterans Park Office & Meeting Room & Kitchen Refurbishment -$ -$ PW1640 Replace Park Rubberized Play Surface and Playground Structures- Phase 2 -$ -$ PW1647
I-110 Freeway Arterial Improvements - Figueroa St at Del Amo Blvd, Figueroa St at I- 110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd 2,445,402.00$ 2,445,402.00$ PW1648 Athletic Field and walking path replacement Lighting -LED 1,513,102.00$ 1,513,102.00$ PW1649
Traffic Signal Intersection Upgrades - Avalon Blvd at Victoria, Main St at Sepulveda, Main St at 223rd St, and Figueroa St at Torrance Blvd 3,330,583.00$ 3,330,583.00$ PW1657
Traffic Signal Upgrades (M312.41 and M312.46) - Figueroa St at 234th St, Figueroa St at 223rd St, Figueroa St at Victoria St/190th St, Main St at 220th St, Main St at Albertoni St, and Main St at Victoria St 4,323,500.00$ 4,323,500.00$ PW1667 Upgrade existing traffic signal - Avalon Bl at Gardena Bl 967,501.25$ 967,501.25$ PW1671 Dolphin Park Electrical Panel Upgrade - design and Construction -$ -$ PW1673 Pool Slides Replacement at Dominguez Park and Hemingway Park -$ -$ PW1674 Security Cameras -$ -$ PW1676
City of Carson Stormwater Green Street Engineering, Design & Implementation (Gardena & Main Street & Avalon) 2,500,000.00$ 2,500,000.00$ PW1682 Stormwater Master and Implementation Plan -$ -$ PW1687 Carson Street Intelligent Transportation System (ITS) Project 888,705.72$ 888,705.72$ PW1688
Traffic Signal Synchronization Project (TSSP) - Avalon Bl from 126th St to Sepulveda Bl -$ 492,800.00$ PW1691 Avalon Street Rehabilitation -$ -$ PW1692 Carson Stormwater & Runoff Project (O&M Carriage Crest Park) 373,234.39$ 373,234.39$ PW1698 City Utilities Master Plan -$ -$ PW1699 Community Center Upgrades - Dominguez Halls and Kitchen -$ -$ PW1702 Lomita Boulevard Safety Improvements - Wilmington to Alameda 2,000,000.00$ 2,000,000.00$ PW1706 Stevenson Park Bungalow Removal -$ -$ PW1707 Stevenson Park Picnic Shelters -$ -$ PW1710 Walnut St rehabilitation (Avalon to Central) -$ -$ PW1712 Civic Buildng Mechanical Upgrade -$ -$ PW1720 City Hall & Community Center Elevators -$ -$ PW1723 International Scuplture Garden -$ -$ PW1726 Community Center Courtyard (West) & Community Center East Parking Lot 161,000.00$ 161,000.00$ PW1732 Solar @ Vets Park 2,000,000.00$ 2,000,000.00$ PW1748
Corporate Yard Energy Efficient & Other Improvements - Evaluate and construct, if viable -$ -$ PW1749 EV Bus Chargers 250,000.00$ 250,000.00$ PW1753 University Drive Rehabilitation - Avalon Blvd to Wilmington Ave 4,444,000.00$ 4,444,000.00$ PW1755 Santa Fe Ave. Rehabilitation - Carson St. to Del Amo Ave. -$ -$ PW1756 Figueroa Street - Lomita to 223rd St. -$ -$ PW1757 Main Street Rehabilitation - Lomita to 228th St 6,200,000.00$ -$ PW1758 Main Street - 228th St to Carson Street -$ -$ PW1762 Wilmington Ave - Lomita Boulevard to 223rd Street - Roadway Reconstruction -$ -$ PW1774 Sepulveda (110 Fwy to Figueroa) -$ -$ PW1775 213th St. Street Lights -$ -$ PW1776 Calas Park Stormwater Infiltration and Water Quality Improvements 5,980,000.00$ 5,980,000.00$ PW1780 Victoria Street Transit Center 4,776,932.00$ 4,776,932.00$ PW1784 Traffic Signal Modification 800,000.00$ 800,000.00$ PW1785 Carson Bicycle Action Plan 553,625.05$ 553,625.05$ PW1786 City Hall Bathroom and Kitchenette Renovations 1,036,767.49$ 1,036,767.49$ PW1790 Community Center and Amphitheatre Lighting and AV Equipment Upgrade -$ -$ PW1791 Citywide Pavement Maintenance Program 8,000,000.00$ 8,000,000.00$ PW1792 Traffic Reliability Improvements -$ -$ PW1793 URBAN FORESTRY MASTER PLAN & IMPLEMENTATION 401,189.00$ 401,189.00$ PW1795 Mills Park Recreation Center Building Renovation 5,000,000.00$ 7,000,000.00$ PW1796 Carson Civic Center Redevelopment -$ -$ PW1797 Citywide Municipal Fiber Optic Network Phase I 6,250,000.00$ 6,250,000.00$ PW1798 Delores Rehabilitation from Sepulveda to Carson Street -$ -$ PW1799 Del Amo Rehabilitation from Main Street to Figueroa -$ -$ PW1800 Citywide Stromdrain Repair -$ -$ PW1801 Streetscape Master Plan - Civic 1,156,000.00$ 1,156,000.00$ PW1803 Friendship Mini Park Land Acquisition & Expansion 1,430,000.00$ 1,430,000.00$ PW1805 Calas Park -$ -$ PW1806 Del Amo Park -$ -$ PW1807 Foisia Park Aquatic Repairs -$ -$ PW1808 Concrete Repairs at Pools Citywide -$ -$ PW1809 Veterans Sports Complex Installation of HVAC, Solar Panels and Generator -$ -$ PW1810 Walnut Mini-Park -$ -$ PW1811 Carson Event Center -$ -$ PW1812 Dominguez Park -$ -$ PW1813 Dolphin Park, Dominguez Park -$ -$ PW1814 Reflections Park -$ -$ PW1815 Veterans Park Skate park -$ -$ PW1816 Dominguez Park Pickleball Courts -$ -$ PW1817 Foisia Park Pickleball Courts -$ -$ PW1818 Security Cameras -$ -$ PW1819
Phase projection for installing an enhanced intrusion alarm and Halo smart sensor system. -$ -$ PW1820 Fire suppression system installation at the Carson Community Event Center -$ -$ PW1821 Caltrans Interchanges -$ -$ PW1822 Teen Center -$ -$ PW1823 Wayfinding Signs -$ -$ PW1824
Avalon Blvd. & Central Ave. from Turmont to University Dr. - Fence/Wall Replacement Project. -$ -$ PW1825 Installation of Archways, Monuments Signs, and Wayfinding Signs - Citywide -$ -$ PW1826 Monuments -$ -$ PW1827 Shared Central Ave Project with City of Compton 874,908.13$ 874,908.13$ PW1828 South Bay Travel Network 3,858,096.00$ 3,858,096.00$ PW1829 Olympic Ready ITS 500,000.00$ 500,000.00$ PW1832 Traffic Signal Installation at Grace Ave and 213th St 750,000.00$ 750,000.00$ PW1833 Citywide Street Name Sign Replacement -$ -$ PW1834 Citywide Municipal Fiber Optic Network Phase 2 -$ -$ PW1835 Community Center Flooring -$ -$ PW1836 EV Chargers at City Facilities* -$ -$ PW1837 Digital Banners* -$ -$ PW1839 Traffic Signal Modification at Delores & Sepulveda 70,930.00$ 70,930.00$ PW1840 Avalon Traffic Signal and Crosswalk Upgrades 38,500.00$ 38,500.00$ PW1841 Safe Streets for All (SS4A) 241,960.00$ 241,960.00$ PW1842 Traffic Signal Upgrade at Wilmington & Lomita -$ -$ PW1843 Traffic Signal Upgrade at Avalon & Desford -$ -$ PW1844 Park Marquee Signs -$ -$ PW1845 Dominguez Channel Estuary Assessment Study 304,201.00$ 304,201.00$ PW1846 Traffic Analysis for the Upcoming LA 2028 Olympics and Paralympics -$ -$ PW1847 Traffic Signal Installation at Carriage Crest Entrance and Sepulveda Blvd. -$ -$ PW1848 Citywide Concrete Maintenance Program -$ -$ PW1849 Streetscape Master Plan - 223rd -$ -$ PW1850 Public Works and Community Services Corporate Yard Roof Improvements 2,000,000.00$ 2,000,000.00$ Grand Total 147,937,047.03$ 151,429,847.03$
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 28. To: Honorable Mayor and City Council From: Dr. Khaleah K. Bradshaw, City Clerk CCO Administration Subject: CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’SCOMMISSIONS, COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY MAYOR ANDCITY COUNCIL AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALLCOMMISSIONS (CITY COUNCIL) I. SUMMARY
This item is on the agenda to consider only uncontested appointments of City Commission, Committee, andBoard members in accordance with the City Charter, Article VI, by Mayor and City Council.
Also, consider all (contested and uncontested) appointments to all commissions and also considerappointments to City Affiliated Organizations.
Pursuant to Section 602 of the City Charter provides, in part, the mayor and each member of the city councilmay appoint one member to a position on each City board or City commission, and the remainingmembership positions shall be appointed by the mayor and approved by a majority of the city council,including the three alternates.
II. RECOMMENDATION
TAKE the following actions:
1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission;
3. CONSIDER and APPOINT members to City Affiliated Organizations;
4. DIRECT the City Clerk to notify all affected appointments of this action in writing;
5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act III. ALTERNATIVES
N/A
IV. BACKGROUND
701 East Carson Street
Every two years after the municipal election, most Commission and Board appointments expire. As unscheduled vacancies occur and/or members are frequently absent, it is best practice to consider new appointments.
Invitations to submit an appointment application for all interested person(s) were posted in accordance with the Maddy Act. Applications for individuals requesting appointments were previously provided under separate cover to the Mayor and City Council.
V. FISCAL IMPACT
Funds for member stipends are already budgeted for Fiscal Year 2026-2027.
VI. EXHIBITS
1. Updated Local Appointments List for Commissions, Committees, and Boards Attachments
Updated Local Appointments List for Commissions Committees and Boards.pdf
LOCAL APPOINTMENTS LIST FOR COMMISSIONS, COMMITTEES, AND BOARDS
(Pursuant to Government Code Section 54970 et seq.)
NOTICE IS HEREBY GIVEN that the current terms for the following Commissioners, Committee, and Board Members will expire as indicated for the respective bodies listed. Any interested resident of the City of Carson, California, is eligible to serve on any of the commissions, committees, or boards below, unless otherwise specified. Applications are available at the City Clerk's Office by request at (310) 952-1720.
* The following appointed positions may receive compensation ** Mayor's uncontested appointment
Vacant
I. COMMISSIONS
Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
[1] Economic Development Commission
Established by: Ordinance No. 00-1191. §1 (CMC §27104.1); Ordinance No. 21- 2108
Membership: 9 members; 3 alternates
Qualification: Shall be and remain a resident of, or have a place of employment or business in the City of Carson, and be at least 18 years of age. Shall include representatives of all major sectors of the Carson business community as determined in the sole discretion of the City Council.
Meetings: 1st Thursday, 8:00 a.m. (Executive Conference Room) Staff Liaison: Chris Palmer, Economic Development Manager x1365 and LaToya Butler, Innovation & Business Liason x1320
Support Staff: Sandy Solis, Division Secretary x1325
Commissioner Appointed Term Expires
Aldridge Jr., Ray (LDH)** 12-06-22 11-30-26
Childers, Christopher (CH) 12-06-22 11-30-26
Embry, Darren (LDH) 04-04-23 11-30-26
Kelley, Blake (LDH) 04-04-23 11-30-26
Jimenez, Trini (AR) 12-06-22 11-30-26
Luevano, Jose (JH) 06-17-25 11-30-26
Sparrow, Clyde (LDH) 04-04-23 11-30-26
Wallace, Deborah (LDH) 04-04-23 11-30-26
Baddeley, Kevin (JD) 06-17-25 11-30-26
Cordova, Ted (LDH) Alt. 1 04-04-23 11-30-26
Ibarra, Victor (LDH) Alt. 2 02-06-24 11-30-26
Ross, Kevin (LDH) Alt. 3 06-03-26 11-30-26
[2] Environmental Commission*
Established by: Ordinance No. 70-128; §1 (CMC §2750); Ordinance No. 21-2103 Membership: 9 members; 3 alternates
Qualification: Shall be and remain a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment Meetings: 1st Wednesday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Reata Kulcsar, Innovation & Sustainability Officer x1312 Support Staff: Jessica Coria, Division Secretary x1823; Evelyne Carmona, Senior Administrative Analyst x1636; Kristin Smith, Council Aide x1743 Commissioner Appointed Term Expires
Morgan, Daniel (JH) 06-16-26 11-30-26
Swayzer, Ezekiel (LDH) 12-03-24 11-30-26
Hopson, Lillian (LDH)** 12-03-24 11-30-26
Ford, Brittney (LDH) 05-21-25 11-30-26
Koons, William (JD) 12-03-24 11-30-26
Peralta, Maribel (AR) 01-07-25 11-30-26
Hunt, Joseph (LDH) 05-21-25 11-30-26
Taylor, Hourie (CH) 12-06-22 11-30-26
Watkins, Freeman (LDH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[3] Human Relations Commission*
Established by: Ordinance No. 74-294; Ordinance No. 87-812, §1; Ordinance No. 89-883,§1
Membership: 11 members (7 general, 2 youth, 2 w/ a focus on disability-related matters); 3 alternates
Qualification:Shall be a resident of the City of Carson. Youth members shall be 16- 21 years of age, enrolled in school at time of appointment, maintain a 2.0 GPA, shall have interest in human relations.
Meetings: 3rd Wednesday, 6:30 p.m. (City Manager Conference Room) Staff Liaison: Cac Le, Council Aide x1722
Support Staff:
Commissioner Appointed Term Expires
Junio, Teresita (LDH) 12-03-24 11-30-26
Calhoun, Jill (AR) 12-06-22 11-30-26
Davenport, Kimberley (JH) 04-04-23 11-30-26
Fuentes, Sonia (JD) 12-02-25 11-30-26
Ramos, Jessica (LDH) 12-03-24 11-30-26
Reed, Cassandra (CH) 12-06-22 11-30-26
Russ, Harriett (LDH)** 12-03-24 11-30-26
Ifeacho, Dr. Chinyere (LDH) Alt. 1 12-03-24 11-30-26
Viernes, Irene (LDH) Alt. 2 12-03-24 11-30-26
Ahaiwe-Simpson, Stacy (LDH) Alt. 3 02-17-26 11-30-26
Thompson, Audra (LDH) Disability Advocate 10-21-25 11-30-26 Padua, Luz (LDH) Disability Advocate 10-21-25 11-30-26
Paxton, Cameron (LDH) Youth 02-18-25 11-30-26
Vacant (LDH) Youth 11-30-26
[4] Parks, Recreation, and Cultural Arts Commission*
Established by: Ordinance No. 69-65 (CMC §2735); Ordinance No. 21-2106 Membership: 9 members; 3 alternates
Qualification: Resident of City of Carson
Meetings: Last Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Michael Whittiker, Jr. Director of Community Services x3571 Support Staff: Kimberyly Madrigal, Administrative Secretary x3581 Commissioner Appointed Term Expires
Cainglet, Jesus-Alex (CH) 12-06-22 11-30-26
Cortado, Kimberly (JH) 06-20-23 11-30-26
Dahilig Jr., Cesar (LDH) 12-03-24 11-30-26
Lawrence, Shannon (LDH) 12-03-24 11-30-26
Gonzalez, Walter (LDH) 12-03-24 11-30-26
Hilliard, Kisa (JD) 12-03-24 11-30-26
Hunter, Edwina (AR) 12-06-22 11-30-26
Langston, DeAnthony (LDH) 12-03-24 11-30-26
Johnson, Jo Jacqueline (LDH)** 04-01-25 11-30-26
Brown Sr., Kelvin (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Brillantes, Rudolfo (LDH) Alt. 3 12-03-24 11-30-26
[5] Planning Commission*
Established by: Ordinance No. 13 (CMC §2700); § 606 of the City Charter Membership: 9 members; 3 alternates
Qualification: Resident of City of Carson
Meetings: 2nd and 4th Tuesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Christopher Palmer, Economic Development Manager x1365 Support Staff: McKina Alexander, Planning Manager x1326; Laura Gonzalez, Planning Secretary x 1328
Commissioner Appointed Term Expires
Diaz, Louie (JD) 12-03-24 11-30-26
Docdocil, Frederick (LDH)** 12-03-24 11-30-26
Guerra, Carlos (LDH) 12-03-24 11-30-26
Vacant (AR) 11-30-26
Huff, Del (LDH) 12-03-24 11-30-26
Wilson, Leticia (LDH) 12-03-24 11-30-26
Mfume, DeQuita (LDH) 12-03-24 11-30-26
Johnson, Clarence (JH) 03-19-24 11-30-26
Thomas, Dianne (CH) 12-06-22 11-30-26
Montecarlo, Jaime (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[6] Public Relations Commission*
Established by: Ordinance No. 01-1239, §2 (CMC §27105.1) Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 4th Tuesday, 12:00 p.m. (City Manager Conference Room) Staff Liaison: Danielle Halsey, Public Information Analyst x1606 Support Staff: Christine Foisia, Senior Clerk x1740
Commissioner Appointed Term Expires
Eatman, Sonya (LDH) Community Rep. 12-03-24 11-30-26
Waddis, Dorcas (LDH)* Community Rep. 06-17-25 11-30-26
Stewart, Linda (LDH) Community Rep. 12-03-24 11-30-26
Sandoz, Jeretta (AR) Community Rep. 12-03-24 11-30-26
Ross, Dorothy (JD)
Public Relations
Specialist 12-03-24 11-30-26
Vacant (LDH)
Public Relations
Specialist 11-30-26
Pitcher, Pamela (LDH)
Public Relations
Specialist 12-03-24 11-30-26
Smith, Byron (CH)
Public Relations
Specialist 03-06-24 11-30-26
Price, Dr. Denice (JH)
Public Relations
Specialist 04-04-23 11-30-26
Washington, Deborah (LDH) Alt. 1 06-17-25 11-30-26
Smith, Shirley (LDH) Alt. 2 03-03-26 11-30-26
Page, Brent (LDH) Alt. 3 02-18-25 11-30-26
[7] Public Safety Commission*
Established by: Ordinance No. 99-1160 §1; Ordinance No. 01-1239 §1 (CMC §27103.6); Ordinance No. 21-2104
Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 3rd Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Priscilla Palma, Division Secretary x1787 Support Staff:
Commissioner Appointed Term Expires
Allen, Jeffrey (LDH) 12-03-24 11-30-26
Arnold, Keith (LDH) 12-03-24 11-30-26
Flinton, Lawrence (AR) 08-06-24 11-30-26
Dacus, Samuel (LDH) 12-03-24 11-30-26
Dorsey, Donnie (CH) 12-06-22 11-30-26
Lewis, Prentiss (JH) 04-04-23 11-30-26
Rivers, Angela (LDH) 12-03-24 11-30-26
Romero, Heidi (LDH)** 12-03-24 11-30-26
Cogut, Louis (JD) 12-03-24 11-30-26
Wilson, Michael (LDH) Alt. 1 12-03-24 11-30-26
Brown, Randy (LDH) Alt. 2 12-03-24 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[8] Public Works Commission*
Established by: Ordinance No. 99-1181 §2 (CMC §2798.6)
Membership: 9 members; 3 alternates
Qualification: Have interest, experience or ability in construction, transportation, traffic, or circulation areas to ensure that traffic, vehicle parking, bikeways, and transportation systems and other City facilities are regulated and constructed in a manner calculated to best provide for the safety and welfare of the public.
Shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member’s appointment.
Meetings: 2nd Monday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Gilbert Marquez, Principle City/Civil Engineer x1813 Support Staff: Taelour James, Division Secretary x1801
Commissioner Appointed Term Expires
Fields, Brandon (AR) 02-03-26 11-30-26
Calhoun, James (JD) 01-20-26 11-30-26
Fe'esago, Uli (LDH) 01-20-26 11-30-26
McNichols, Ryan (LDH) 12-03-24 11-30-26
Howard, Kobii (LDH) 01-20-26 11-30-26
Hollaway, John (LDH) 04-07-26 11-30-26
Nelms, Cedric (CH) *Pending Oath 06-03-26 11-30-26
Martin, Jr., Marion (LDH) 12-03-24 11-30-26
Thames, Ta-Taneisha (JH) 07-07-26 11-30-26
Obiora, Emmanuel (LDH) Alt. 1 12-03-24 11-30-26
Mmeje, Uzoma (LDH) Alt. 2 07-07-26 11-30-26
Wilson, Daniel (LDH) Alt. 3 01-20-26 11-30-26
[9] Senior Citizens Advisory Commission*
Established by: Ordinance No. 97-1119, §1 (CMC §2799.6) Membership: 11 members; 3 alternates
Qualification: Resident of the City of Carson and be at least 50 years of age at the time of appointment.
Meetings: 2nd Monday, 4:00 p.m. (Community Center, Carson/Donminguez room) Staff Liaison: Mike Whittiker, Jr., Director of Community Services x1780; Dani Cook, Human Services Supervisor x1480
Support Staff: Brenda Reed, Senior Clerk x1775
Commissioner Appointed Term Expires
Graves, Shirley (LDH)** 12-03-24 11-30-26
Lopez, Delia (LDH) 12-03-24 11-30-26
Leverette, Ernestine (AR) 05-06-25 11-30-26
Dunn, Linda (LDH) 12-03-24 11-30-26
Bates, Billye (LDH) 12-03-24 11-30-26
Patterson, Patricia (LDH) 12-03-24 11-30-26
Ronquillo, Myrna (JD) 12-03-24 11-30-26
Ruiz-Raber, Julie (CH) 12-06-22 11-30-26
Seymore, Dr. Vergie (JH) 04-04-23 11-30-26
Simpson-Lott, Darlene (LDH) 12-03-24 11-30-26
Walker, Itelia (LDH) 12-03-24 11-30-26
Brown, LaRhonda (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Davis, Pauline (LDH) Alt. 3 12-03-24 11-30-26
[10] Veterans Affairs Commission*
Established by: Ordinance No. 99-1154, §1 (CMC §27102.6) Membership: 11 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 3rd Monday, 6:00 p.m. (Veterans Sports Complex - Activity Room) Staff Liaison: Kisheen Tulloss, Council Aide x1711
Support Staff: Mikala Multiauaopele, Division Secretary x3557 Commissioner Appointed Term Expires
Batucal, Arthur (JH) 04-04-23 11-30-26
Boyd, Robert (JD) 12-03-24 11-30-26
Branch, Jr., Roger (LDH) 12-03-24 11-30-26
Da Silva, Manuel (LDH) 12-03-24 11-30-26
Raber, Brian (CH) 12-06-22 11-30-26
Salomon, Emmanuel (LDH) 12-03-24 11-30-26
Mosequera, Nemie P. (LDH)** 12-03-24 11-30-26
Woods, Richard (LDH) 12-03-24 11-30-26
Woods, Thomas (LDH) 12-03-24 11-30-26
Seay, Al (LDH) 12-03-24 11-30-26
Wilvert, Karl (AR) 12-06-22 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[11] Women's Issues Commission*
Established by: Ordinance No. 02-1246, §1 (CMC §27106.6) Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson or work in the City of Carson during their tenure on the Commission and shall be at least eighteen (18) years of age at the time of the member's appointment
Meetings: 4th Monday, 6:00 p.m. (City Manager Conference Room) Staff Liaison: Keichun Graves, Council Aide x1799
Support Staff:
Commissioner Appointed Term Expires
De La Cruz Manio, Connie (LDH) 02-03-26 11-30-26
Fielder, Yolanda (LDH) 12-03-24 11-30-26
Fields-Robinson, Dr. Leandrea (LDH)** 12-03-24 11-30-26 Foster, Carolyn (LDH) 12-03-24 11-30-26
Finley, Stephanie (JD) 10-21-25 11-30-26
Odom Houze, Susan (JH) 04-04-23 11-30-26
Price, Dr. Greta (AR) 12-06-22 11-30-26
Williams, Maria (CH) 12-03-24 11-30-26
Tresvant, Sheila (LDH) 12-03-24 11-30-26
Jones-Phillips, Jennifer (LDH) Alt. 1 06-03-26 11-30-26 Mackson, Monique (LDH) Alt. 2 12-03-24 11-30-26
Giles Washington, Christyna (LDH) Alt. 3 04-07-26 11-30-26 [12] Youth Commission*
Established by: Ordinance No. 98-1132, §1 (CMC §27100.6) Membership: 11 members; 3 alternates
Qualification: Resident of the City of Carson and be at least 13, but not more than 18 years of age at the time of appointment.
Meetings: 2nd Wednesday, 7:00 p.m. (Executive Conference Room) Staff Liaison: Brian Legaspi, Council Aide x 1721
Support Staff:
Commissioner Appointed Term Expires
Mitchell, Hannah (LDH) 06-06-24 11-30-26
Moore, Joshua (JH) 06-06-24 11-30-26
Redway, Khristopher (LDH) 06-06-24 11-30-26
Estrada, Juan (LDH) 06-06-24 11-30-26
Villasana, Andrea (JD) 12-03-24 11-30-26
Mitchell, Jazcidi (LDH) 12-03-24 11-30-26
Zulueta, Nathaniel (LDH)** 02-17-26 11-30-26
Smith, Zoey (CH) 06-06-24 11-30-26
Zulueta, Nathaniel (LDH) 06-03-26 11-30-26
Homna, Kayla (AR) 01-07-25 11-30-26
Macias, Lea (LDH) 01-07-25 11-30-26
Ortiz, Miranda (LDH) Alt. 1 01-06-26 11-30-26
Cones-Canx, Sydney (LDH) Alt. 2 01-06-26 11-30-26
Cruz, Jayden (LDH) *Pending Oath Alt. 3 01-06-26 11-30-26 II. BOARDS & COMMITTEES
Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
[13] Measure C and Measure K Budget Oversight Committee Established by: Ordinance No. 09-1423 (CMC §61119); Amended by Resolution No. 19-027; Amended by Resolution No. 221-030
Membership: 5 members; 2 alternates
Qualification: Resident of the City of Carson
Meetings: 2nd Tuesday, 6:30 p.m. (Community Center)
Staff Liaison: William Jefferson, Director of Finance x1756 Support Staff: Vicki Hernandez, Senior Clerk x1744
Appointed Term Expires
Dorsey-Reeves, Vera (CH) 04-04-23 11-30-26
Cottrell-Fulbright, Lisa (AR) 05-06-25 11-30-26
Hunter, Cynthia (LDH) 04-04-23 11-30-26
Momoli, Nora (JD) 12-03-24 11-30-26
Hemphill, Dr. Afia (JH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
[14] Mobilehome Park Rental Review Board
Established by: Ordinance No. 79-485U, §4702; §607 of the City Charter Membership: 7 members (2 resident homeowners, 2 park owners, 3 at-large who are residents of the City and not homeowners, park owners, landlords, property managers or tenant in multifamily housing); 8 alternates (2 resident homeowners, 2 park owners, 4 at-large)
Qualification: See membership.
Meetings: 2nd and 4th Wednesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Tara Matthew, Interim Housing Program Manager x1708 Support Staff: Sandy Solis, Division Secretary x1325
Appointed Term Expires
Richardson, Sheila (JH) At-large 06-16-26 11-30-26
Valdez, Daniel (JD) At-large 12-03-24 11-30-26
Hernandez, Susan (AR) At-large 04-21-26 11-30-26
Clark Harris, Dr. Alice (LDH) At-large Alt. 1 04-04-23 11-30-26 Muhammad, Nafis (LDH) At-large Alt. 2 04-04-23 11-30-26 Perez, Karey (LDH) At-large Alt. 3 04-04-23 11-30-26
Hayes, Phyllis (LDH) At-large Alt. 4 04-04-23 11-30-26
Horton, Maria (LDH) Park Owner 12-02-25 11-30-26
Forbath, Susy (LDH) Park Owner 04-04-23 11-30-26
Dzikowski, Barbara (LDH) Park Owner Alt. 1 12-02-25 11-30-26 Kleege, Robert Bruce (LDH) Park Owner Alt. 2 03-04-25 11-30-26 Nelson, Drake (LDH)** Resident Homeowner 07-07-26 11-30-26 Vacant (CH) Resident Homeowner 11-30-26
Davis, William (LDH) Resident Homeowner
Alt. 1 04-04-23 11-30-26
Vacant (LDH) Resident Homeowner
Alt. 2 11-30-26
[15] Relocation Appeals Board
Established by: Ordinance No. 74-313 (CMC §21004)
Membership: 9 members; 3 alternates
Qualification: Resident of the City of Carson
Meetings: Only when necessary
Staff Liaison: Sandy Solis, Economic Development Liaison x1325 Support Staff:
Appointed Term Expires
Batucal, Dennis (LDH) 04-04-23 11-30-26
Evans, Linda (LDH) 04-04-23 11-30-26
Tate, Dorothy (LDH)** 01-23-24 11-30-26
Guray, Jr., Tancredo "Jun" (JD) 12-03-24 11-30-26
Witherspoon, Murphy (LDH) 01-07-25 11-30-26
Anson, Jr., Oscar (LDH) 01-23-24 11-30-26
Vacant (CH) 11-30-26
Morrison, Christopher (JH) 09-16-25 11-30-26
Vacant (AR) 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
III. SPECIAL COMMITTEE
[16] General Plan Advisory Committee
Established by: Minute Action 10-03-17; Amended by Resolution No. 19-029; Amended by Resolution No. 21-031
Membership: 7 members; 2 alternates
Meetings: Only when necessary
Staff Liaison: McKina Alexander, Planning Manager x1326 Support Staff: Planning Technician x1327
Appointed Term Expires
Mayor Lula Davis-Holmes (LDH) 04-04-23 11-30-26
Councilmember Jim Dear (JD) 12-03-24 11-30-26
Brimmer, Charlotte (LDH)** 04-04-23 11-30-26
Dudley-Kimble, Monica (CH) 04-04-23 11-30-26
Gonzalez, Leonor (AR) 04-04-23 11-30-26
Hamilton, Dr. John (JH) 04-04-23 11-30-26
Sheriff Department Representative (LDH) 04-04-23 11-30-26 Cottrell-Fulbright, Lisa (LDH) Alt. 1 04-04-23 11-30-26 Lott, Aminika (LDH) Alt. 2 04-04-23 11-30-26
IV. SPECIAL BOARD
[17] Carson Reclamation Joint Powers Authority (CRJPA)
Established by: Resolution No. 15-01-CRJPA; Resolution No. 21-02-CRJPA Membership: 5 members
Meetings: 1st Monday, 4:00 p.m. (Helen Kawagoe Council Chambers) Staff Liaison: John Raymond, Executive Director x1773
Support Staff: Sylvia Rubio, Executive Assistant x1318
Appointed Term Expires
Authority Chair Lula Davis-Holmes 01-20-26 01-20-31
Vice Chair Cedric Hicks 01-20-26 01-20-31
Board Member Ray Aldridge, Jr. 01-20-26 01-20-31
Board Member Lillian Hopson 01-20-26 01-20-31
Board Member Dianne Thomas 01-20-26 01-20-31
V. COUNCIL SUB-COMMITTEES
[18] Bingo/Fireworks
Established by: Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Councilmember Rojas 12-03-24
[19] Community Development/Housing/Logistics & Transit Standing Committee
Established by: Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[20] Dignity Health Sports Park/CSUDH/Community Center Standing Committee
Established by: Minute Order 04-02-19
Appointed
Mayor Pro Tempore Hicks, Sr. 06-01-21
Councilmember Dr. Hilton 06-01-21
[21] Legislative Ad Hoc Committee
Established by: Minute Order 02-16-21
Appointed
Mayor Pro Tempore Hicks, Sr. 12-03-24
Councilmember Dr. Hilton 12-03-24
[22] City Hall/Community Center Renovation Ad Hoc Committee Established by: Minute Order 01-16-21
Appointed
Mayor Davis-Holmes 01-26-21
Councilmember Dr. Hilton 01-26-21
[23] Economic Development/E-Commerce Ad-Hoc Committee
Established by: Minute Order 03-02-21
Appointed
Mayor Davis-Holmes 03-02-21
Mayor Pro Tempore Hicks, Sr. 03-02-21
[24] Conditional Use Permit Ad Hoc Committee
Established by: Minute Order 04-05-22
Appointed
Mayor Davis-Holmes 04-05-22
Councilmember Dr. Hilton 04-05-22
[25] Housing Ad Hoc Committee
Established by: Minute Order 03-16-21
Appointed
Councilmember Dr. Hilton 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[26] Diversity, Equity and Inclusion Ad Hoc Committee
Established by: Minute Order 09-07-21
Appointed
Councilmember Dr. Hilton 09-07-21
Councilmember Rojas 03-01-22
[27] Standard Management Procedures and Special Ecents Ad Hoc Committee
Established by: Minute Order 01-04-22
Appointed
Mayor Davis-Holmes 01-04-22
Councilmember Dr. Hilton 01-04-22
[28] Cell 2 Settlement Ad Hoc Committee
Established by: Minute Order 02-07-22 (Carson Reclamation Authority) Appointed
Authority Chair Lula Davis-Holmes 02-07-22
Board Member Dianne Thomas 02-07-22
[29] School Safety Ad Hoc Committee
Established by: Minute Order 02-15-22
Appointed
Councilmember Dr. Hilton 12-03-24
Councilmember Rojas 12-03-24
Captain Jones Norman 12-03-24
[30] Carson Finance and Audit Committee
Established by: Minute Order 06-20-23
Appointed
Mayor Davis-Holmes 06-20-23
Councilmember Rojas 06-20-23
Mayor Pro Tempore Hicks, Sr. 02-18-24
[31] Short-Term Rentals Ad Hoc Committee
Established by: Minute Order 03-02-21
Established by: Minute Order 10-03-23
Appointed
Mayor Davis-Holmes 10-03-23
Councilmember Dr. Hilton 10-03-23
[32] Special Event Ad Hoc Committee
Established by: Minute Order 06-06-24
Appointed
Mayor Davis-Holmes 06-06-24
Councilmember Dr. Hilton 06-06-24
[33] LA '28 Olympics Ad Hoc Committee
Established by: Minute Order 07-16-24
Appointed
Mayor Davis-Holmes 07-16-24
Councilmember Dr. Hilton 07-16-24 [34] Refinery Ad Hoc Committee
Established by: Minute Order 12-03-24
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[35] Grocery Store Ad Hoc Committee
Established by: Minute Order 06-18-24
Appointed
Councilmember Dr. Hilton 06-18-24
Mayor Pro Tempore Hicks, Sr. 06-18-24
[36] Gil Smith Mermorial Ad Hoc Committee
Established by: Minute Order 01-07-25
Appointed
Mayor Pro Tempore Hicks, Sr. 02-03-26
Councilmember Dr. Hilton 01-07-25
[37] Energy Ad Hoc Committee
Established by: Minute Order 09-16-25
Appointed
Mayor Pro Tempore Hicks, Sr. 09-16-25
Councilmember Dr. Hilton 09-16-25
[38] Transportation and Dial-A-Ride Services Ad Hoc Committee Established by: Minute Order 11-05-25
Appointed
Mayor Pro Tempore Hicks, Sr. 11-05-25
Councilmember Dr. Hilton 11-05-25
[39] Drive Construction Project Ad Hoc Committee
Established by: Minute Order 03-03-25
Appointed
Mayor Lula Davis-Holmes 03-03-26
Board Member Dianne Thomas 03-03-26
VI. CITY AFFILIATED ORGANIZATIONS
[40] California Contract Cities Association
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 12-03-24
Mayor Davis-Holmes Alternate 12-03-24
[41] Clean Power Alliance
Ord. No. 17-1633; LACCE Joint Powers (Authority)
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 11-15-22
Councilmember Rojas Alt. 1 12-03-24
Staff Member Reata Kulcsar Alt. 2 11-15-22
[42] County of Los Angeles Public Library Commission
Appointed
Mayor Davis-Holmes Delegate 12-03-24
[43] County SanitationDistricts of Los Angeles (Dist. No. 8)* Automatic designation of Mayor as Delegate per Health and Safety Code Section 4730. City Council as governing body, must select an alternate to act in place of presiding officer (Mayor) in absence, inability, or refusal to act.
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alternate 12-03-24
[44] Greater Los Angeles County Vector Control District (Formerly SE Mosquito Abatement)*
The District’s governing power is vested in its 35 members of the Board of Trustees. One trustee is appointed by each of the 34 cities and the County Board of Supervisors appoints one to represent unincorporated areas of Los Angeles County. To be appointed, the member must reside in and be a resident voter of the representative city (or county for county member) in the District.
Board member duties and responsibilities include setting policy, establishing the budget, approving expenditures, and retaining legal counsel. The vector Trustee appointment and term are governed by the State Health and Safety Code and begin and end on the first Monday in January. Additionally, the State Health and Safety code does not allow for alternate members to be appointed.
Appointed Term Expires
Councilmember Dear Delegate 01-26-21 01-05-26
(effective 01-03-22)
[45] L.A. County City Selection Committee
Per Government Code Section 50270, the membership of each such City Selection Committee shall consist of the Mayor of each city within the county. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman.
Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County (North County/San Fernando Valley, San Gabriel Valley, Southeast Long Beach and Southwest Corridor) shall meet as a Sector Subcommittee. Each candidate with a majority weighted vote will then be nominated from that Sector for consideration for appointment to the MTA.
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alternate 01-23-24
[46] League of California Cities
Appointed
Councilmember Rojas Delegate 03-01-22
Councilmember Dr. Hilton Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
[47] League of California Cities (Los Angeles Co. Division) Appointed
Councilmember Dr. Hilton Delegate 12-03-24
Councilmember Rojas Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
[48] National League of Cities
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Councilmember Rojas Alt. 1 12-03-24
Councilmember Dr. Hilton Alt. 2 12-03-24
[49] South Bay Cities Council of Govts (Joint Powers Authority) Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Mayor Davis-Holmes Alternate 12-03-24
[50] South Bay Workforce Investment Board
Appointed Term Expires
Ted Cordova Member 06-18-24 06-30-28
Jeffrey Jennison Member 06-18-24 06-30-28
Janice Jimenez Member 07-01-21 06-30-25
Tamala Lewis Member 07-01-19 06-30-23
Tami Lorenzen-Fanselow Member 07-01-19 06-30-23
[51] Southern California Association of Governments (SCAG) Appointed
Councilmember Dr. Hilton Delegate 01-26-21
Mayor Davis-Holmes Alt. 1 01-26-21
Councilmember Rojas Alt. 2 12-03-24
[52] U.S. Conference of Mayors
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Rojas Alt. 1 03-01-22
Mayor Pro Tempore Hicks, Sr. Alt. 2 01-26-21
[53] West Basin Water Association
Appointed
Mayor Davis-Holmes Delegate 12-03-24
Mayor Pro Tempore Hicks, Sr. Alternate 01-26-21