THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
SPECIAL MEETING OF THE February 6, 2012
CITY COUNCIL, CITY OF CULVER CITY, 6:30 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 6:30
p.m.
Present: Micheál O‘Leary, Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Legal Counsel – Existing Litigation
Re: Brian Fitzpatrick v. City of Culver City et al.
USDC case no: CV11-6616 JFW (CWx)
Pursuant to Government Code Section 54956.9(a)
CS-2 Conference with Real Property Negotiators
Re: 9814 Washington Boulevard
Agency Negotiators: John M. Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development Director/
Assistant Executive Director; Todd Tipton, Redevelopment
Administrator; and Murray Kane, City Special Counsel
Other Parties Negotiators: The Jazz Bakery
Under Negotiation: Both Price and Terms, including use
restrictions, development obligations, and other monetary
related considerations
Pursuant to Government Code Section 54956.8
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February 6, 2012
Recess
The City Council recessed to Closed Session at 6:30 p.m.
o0o
Reconvene
The City Council reconvened its meeting at 7:11 p.m. with
all Councilmembers present.
o0o
Closed Session Report
Mayor O’Leary reported that Closed Session Item CS-2 had
not been discussed during closed session.
o0o
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Fred Yglesias.
o0o 3
February 6, 2012
Community Announcements by City Council Members/Information
Items from Staff
Martin Cole, Assistant City Manager/City Clerk, reported on
the following items:
• The applicant for Item PH-1 [Adoption of a Resolution
Approving a Tentative Tract Map to Subdivide the
Property at 11957 Washington Boulevard into 31
Airspace Units for the Development of a 3-Story Mixed-
Use Development (Retail and Residential)] has
requested that his application be withdrawn.
• The City Manager requested that the City Council
continue Action Item A-1 [(1) Approval of a Commitment
Letter with Red Barn/Regency Centers for the Sale and
Redevelopment of City Owned Property at the Northerly
Corners of the Washington Boulevard and Centinela
Avenue Intersection, and (2) Approval of an Agreement
with International Parking Design to Design, Bid, and
Oversee Construction of a Public Parking Structure to
Satisfy the Parking Requirements of the Washington
Boulevard/Centinela Avenue Market Hall Project] to
February 27, 2012.
Mr. Cole noted that there were speakers for both items.
Discussion ensued between the City Council and staff regarding
procedures for those wanting to speak at tonight’s meeting, and
continuing Action Item A-1 to February 13, 2012 instead of
February 27, 2012.
Mayor O’Leary reported that free income tax preparation and
family services events were available from the Board of
Equalization.
Councilmember Armenta reported that tax services would be
provided at the Board of Equalization office in Culver City one
day per week.
o0o 4
February 6, 2012
Joint Public Comment – Items Not on the Agenda
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Marta Zaragoza spoke on behalf of residents who were having
difficulty getting assistance with tree issues on their
streets.
Cary Anderson provided a DVD presentation on an incident
where the traffic light was out at a Culver City
intersection; he discussed the status quo in 2003-2004; the
establishment of www.culvercity.tv; concern that hiring
parking enforcement would continue the status quo; and the
unwritten policy to provide traffic support during an
incident.
Councilmember Weissman received clarification that as a
result of Mr. Anderson’s presentation of the video in 2004
the policy had been changed.
Kathleen McCann, Culver City Sister City Committee,
discussed cherry trees planted in Culver City, the
continued bond with Sister City of Kaizuka, Japan, and she
invited everyone to visit the trees next to the Kaizuka
meditation garden on Overland Avenue at the Culver City
Julian Dixon Library.
Michael Candland noted that the applicant had withdrawn the
application to develop the parcel on Washington and
Marcasel (Item PH-1); he described conditions at the
intersection; discussed the Environmental Impact Report;
concern with noise generated by police and paramedics
traveling through the area; he reported that people were
moving out due to the noise in the intersection; he
requested noise mitigation; and he did not see how the
parcel could be developed residentially.
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February 6, 2012
Receipt of Correspondence
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE CORRESPONDENCE.
o0o
Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL AND PARKING AUTHORITY AGENDA ITEM: Award
of a Contract to American Lighting Supply as the Lowest
Responsive and Responsible Bidder for the Lighting Upgrade
Project at the City Hall and Cardiff Parking Structures as
Part of the City’s Energy Efficiency and Conservation Block
Grant Administered by the Federal Department of Energy.
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL AND
PARKING AUTHORITY BOARD:
1. AWARD A CONTRACT TO AMERICAN LIGHTING SUPPLY AS THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER IN THE AMOUNT OF $74,706.18
FOR THE LIGHTING UPGRADE PROJECT AT THE CITY HALL AND CARDIFF
PARKING STRUCTURES; AND,
2. AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $11,206.00;
AND,
3. AUTHORIZE THE CITY ATTORNEY/PARKING AUTHORITY COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
4. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
SUCH DOCUMENTS ON BEHALF OF THE CITY AND PARKING AUTHORITY,
RESPECTIVELY.
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February 6, 2012
Consent Calendar
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1, C-2 AND C-4.
Item C-1
Receive and File Year-End Report and Audit Summary and the
Audited Financial Statements for the Fiscal Year Ending
June 30, 2011.
THAT THE CITY COUNCIL RECEIVE AND FILE THE YEAR-END REPORT
AND AUDIT SUMMARY AND THE AUDITED FINANCIAL STATEMENTS FOR
THE FISCAL YEAR ENDING JUNE 30, 2011.
o0o
Item C-2
Approval of an Amendment to the Existing Professional
Services Agreement with Hanson Bridgett LLP to Establish a
Health Reimbursement Arrangement for Retiree Medical
Payments in an Amount Not-To-Exceed $25,000.
THAT THE CITY COUNCIL:
1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH HANSON BRIDGETT LLP TO ESTABLISH A
HEALTH REIMBURSEMENT ARRANGEMENT FOR RETIREE MEDICAL
PAYMENTS IN AN AMOUNT NOT TO EXCEED $25,000 (FOR A TOTAL
NOT-TO-EXCEED CONTRACT AMOUNT OF $37,500); AND,
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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February 6, 2012
Item C-4
Adopt a Resolution Approving an Encroachment Agreement with
AboveNet, Inc. for Use of the Underground Public Right-of-Way
on Bristol Parkway (at Slauson Avenue).
THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R016 APPROVING THE
ENCROACHMENT AGREEMENT WITH ABOVENET FOR THE INSTALLATION
OF FIBER OPTIC CABLE AS SHOWN ON THE ATTACHED SYSTEM
EXHIBIT;
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE DOCUMENTS ON
BEHALF OF THE CITY.
o0o
The following Consent Calendar item was discussed and voted
on separately:
Item C-3
Award of a Contract to Fleming Environmental, Inc., as the
Lowest Responsive and Responsible Bidder, for the
Construction of the Culver City Park Playground, P-916.
Mayor O’Leary received clarification regarding the process for
reviewing bids; qualifying bidders; the contractor in
question; checks and balances; and choosing the lowest
responsible bidder.
MOVED BY MAYOR O’LEARY, SECONDED BY COUNCILMEMBER WEISSMAN AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO FLEMING ENVIRONMENTAL, INC., AS THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CULVER CITY
PARK PLAYGROUND PROJECT, P-916, IN THE AMOUNT OF $237,373.00,
BASED ON ITS BASE BID; AND, 8
February 6, 2012
Item C-3
(continued)
2. AUTHORIZE THE PARKS DIVISION MANAGER TO APPROVE CHANGE
ORDERS IN THE AMOUNT NOT-TO-EXCEED $11,868.65 (5%), IF
NECESSARY; AND,
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Order of the Agenda
Mayor O’Leary clarified that Item PH-1 had been pulled from
the agenda and that Action Item A-1 had been postponed
until February 13, 2012.
Martin Cole, Assistant City Manager/City Clerk noted that
those who wished to speak for Action Item A-1 could either
speak now, keep their comments as part of the public
record, or return on February 13, 2012.
o0o
Public Hearings
Item PH-1
Adoption of a Resolution Approving a Tentative Tract Map to
Subdivide the Property at 11957 Washington Boulevard into 31
Airspace Units for the Development of a 3-Story Mixed-Use
Development (Retail and Residential)
This item was pulled from the agenda as the application was
withdrawn by the applicant.
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February 6, 2012
Action Items
Item A-1
(1) Approval of a Commitment Letter with Red Barn/Regency
Centers for the Sale and Redevelopment of City Owned Property
at the Northerly Corners of the Washington Boulevard and
Centinela Avenue Intersection, and (2) Approval of an Agreement
with International Parking Design to Design, Bid, and Oversee
Construction of a Public Parking Structure to Satisfy the
Parking Requirements of the Washington Boulevard/Centinela
Avenue Market Hall Project.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Robert Pine indicated that the developer was continuing to use
the Hercules California Marketplace as their flagship listing
and he expressed concern with developer qualifications.
Jean Ballantine discussed an email she sent to the City
Council; the commitment letter to Lab Holdings; whether Red
Barn is qualified; a lawsuit between the developer and the City
of Hercules; the rush on projects due to State redevelopment
issues; whether there is a concern that if the property is not
sold quickly that the State will take over the City asset; and
concern that if no one is interested in the project then
perhaps it is the wrong project.
Robert Mayhew, The Community Company, noted that his
development partner is Regency Shopping Centers; discussed
concerns with Red Barn; clarified that Regency is the legal
applicant; he provided background on Regency Shopping Centers
noting that there was no project level debt; pointed out the
difficulty of securing financing in this economic climate; he
clarified that Red Barn would act as an architectural
consultant rather than as a principal; and he discussed
tenanting the project.
Mayor O’Leary asked that Mr. Mayhew provide additional
information to residents. 10
February 6, 2012
Item A-1
(continued)
At this time, Sol Blumenfeld, Community Development Director,
responded to several of the questions raised regarding the
number of developers for the project; community support; he
discussed the unique nature of the project; leveraging by the
City required to make the project work; smaller boutique
tenants; City assistance with project parking; buying down the
cost to develop the site; and the narrow universe of potential
developers.
Murray Kane, City Special Counsel, clarified that the property
is owned by the City and they felt the City had the right to
sell it; he discussed the redevelopment dissolution statute;
and concern that if the property was not committed by contract
for development that it could become enmeshed in administrative
actions of the dissolution.
Mayor O’Leary requested clarification regarding specific issues
that caused residents’ concerns.
Discussion ensued between the City Council and staff regarding
an email from staff to a resident regarding Red Barn; issuance
of the RFQ and RFP; vetting of developers; review of the Red
Barn issues; the situation with the development in Hercules,
California; the legal record with respect to the developer;
comments from Keyser Marston Associates (KMA); finding of an
absence of malfeasance; poorly drafted agreements with the
Hercules city administration and the soft economy; concern as
to whether Regency could provide the tenants necessary to
populate the market hall; and clarification that the City went
to the second choice due to the urgency of the matter.
Further discussion ensued regarding clarification that the
project comported fully with the design and terms and
conditions; risks related to moving more quickly; concern with
taking chances; developer agreement to a schedule of
performance, to convey property and to conform to parking
agreements; clarification that in the event of non-compliance
and subsequent default the City would be able to take back the
title; differences between this project and the situation with
the City of Hercules; and clarification that no decision would
be made until February 13, 2012 as the matter has been
postponed but a discussion is appropriate. 11
February 6, 2012
Item A-1
(continued)
At this time, Robert Mayhew, The Community Company, clarified
that Red Barn is not involved in tenant procurement, rather
they are an architectural consultant; he added that they were
not part of the financial process; he discussed the location of
the project; and their role in tenant procurement.
Discussion ensued between the City Council, staff and Robert
Mayhew regarding the original choice of Lab Holdings; larger
retail tenants; the Regency proposal; agreement to make the
identical project; artisan mixes; the original site plan; the
market hall concept; providing a broad array of shopping
choices; the long-term liability of the project; other markets;
encouraging smaller tenants; availability of additional
information on previous projects completed by the developer;
the perception of the extent of Red Barn’s involvement; the
ability to get to know Regency further before making any
decisions; protecting City assets; and ensuring that the
project is right for the community and that area of the City.
This item will be brought back for consideration at the Council
Meeting of February 13, 2012.
o0o
Public Comment for Items Not on the Agenda (Continued).
Mayor O’Leary invited public participation.
There was no response.
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February 6, 2012
Items from the City Council
Items Presented by Mayor O’Leary:
• Discussed the need to appoint members to the Oversight
Board and noted that he did not feel that the intent of
the City Charter was to give the power for the appointment
of an important position to just one person (the Mayor);
he indicated that he would like to bring the discussion to
the full City Council and should there be a charter review
opportunity, he would like to see that considered. Also
he does not feel it appropriate for an outside Agency to
bestow authority that was not intended for the position of
Mayor.
Discussion ensued between the City Council and staff
regarding adding consideration of appointments to the
Oversight Board to the February 13, 2012 agenda; the
ability of the City Council to reach consensus for a
future discussion of the matter and participation in the
discussion; clarification that the matter had gone
directly to the Mayor who could have made the decision
without it ever coming to the City Council; expanding the
topic; and a general discussion regarding the Mayor’s
prerogative.
Mayor O’Leary received Council consensus to discuss the
specific item and have a discussion regarding the City
Charter.
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February 6, 2012
Adjournment
There being no further business, at 8:21 p.m., the City
Council adjourned its meeting to a meeting to be held on
February 13, 2012.
o0o
Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
APPROVED
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California
THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE February 13, 2012
CITY COUNCIL, CITY OF CULVER CITY, 5:30 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 5:30
p.m.
Present: Micheál O‘Leary, Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Real Property Negotiators
Re: 12337 to 12423 Washington Boulevard,
4061 to 4069 Centinela Avenue and 4064 Colonial Avenue
Agency Negotiators: John M. Nachbar, City Manager; Sol
Blumenfeld, Community Development Director; and Murray Kane,
City Special Counsel
Other Parties Negotiators: Regency Centers
Under Negotiation: Price, Terms of Payment or Both,
including use restrictions, development obligations and
other monetary related considerations
Pursuant to Government Code Section 54956.8
CS-2 Liability Claim
Claimant: Joan Mary Higgins
Agency Claimed Against: City of Culver City
Pursuant to Government Code Section 54956.95
CS-3 Conference with Legal Counsel – Existing Litigation
Re: Michael Earl Waters v. City of Culver City et al.
Case No. CV10-9160 SJO (MANx)
Pursuant to Government Code Section 54956.9(a) 2
February 13, 2012
Closed Session
(continued)
CS-4 Conference with Real Property Negotiators
Re: 9300 Culver Boulevard
City Negotiator: John Nachbar, City Manager
Other Parties’ Negotiators: Los Angeles County Bicycle
Coalition, O Entertainment
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
o0o
Recess
The City Council recessed to Closed Session at 5:30 p.m.
o0o
Reconvene
The City Council reconvened its meeting at 7:05 p.m. with
all Councilmembers present.
o0o
Closed Session Report
Mayor O’Leary indicated there was nothing to report from
Closed Session.
o0o
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Dr. Jay Shery.
o0o 3
February 13, 2012
Community Announcements by City Council Members/Information
Items from Staff
John Nachbar, City Manager, provided a report on the City of
Los Angeles Mixed Use Development at 9901 Washington
Boulevard.
Discussion ensued between the City Council and staff regarding
the ability of the public to address the City Council of the
City of Los Angeles; clarification that the project is located
in Los Angeles; whether money is due to Culver City for an old
easement; a request for information on a four-story residential
project in Los Angeles on the corner of Overland Avenue and
Washington Boulevard; and which Los Angeles City Councilmember
has jurisdiction over the area with a suggestion that concerned
residents contact that person.
Mayor O’Leary announced a broadcast and webcast of “My Brazil”
by Rachel Rosendahl.
o0o
Joint Public Comment – Items Not on the Agenda.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Neil Rubenstein reported that the Culver City Artillery
Company had left town and he suggested that City invite the
Commanding General of the 40
th
Infantry Division to return
for a Change of Command Ceremony.
Mayor O’Leary received consensus to have the City Manager
write a letter to extend an invitation.
Sharon Hyland Elstein, Culver City Friends of the Library,
extended an invitation to a membership drive, children’s
book sale and Ice Cream Social on February 25, 2012 at the
Culver City Julian Dixon Library; and she discussed what
the Friends of the Culver City Library does. 4
February 13, 2012
Public Comment
(continued)
David Voncannon suggested that staff be queried as to
whether the Advisory Committee on Redevelopment (ACOR) had
provided a useful service and if there was a suggestion
that it be reconstituted in a useful fashion.
Mayor O’Leary observed that development in the City is
continuing and he felt that public input would still be
useful.
Martin Cole, Assistant City Manager/City Clerk, suggested
that the City Council consider that idea during
appointments to commissions and boards in May.
Scott Malsin discussed the many costs associated with
providing services to redevelopment projects; the intent of
the City to sell the property at Washington/National
Boulevards; he suggested structuring the property sales
contract to allocate an appropriate proportion of the sales
price to the cost of providing those services or dedicating
a portion of the cost to mitigate City costs when the
project is developed; he discussed the Legato project
across from the Metro Station; and dollars necessary to
service the project rather than having the State take that
money while the City is still left paying for the services.
Councilmember Cooper expressed support for having staff
investigate Mr. Malsin’s suggestions.
Goran Eriksson, Culver City Chamber of Commerce, announced
the 32
nd
Mayor’s Luncheon on March 29, 2012 where the “State
of the City” address will be presented at the Doubletree by
Hilton Hotel; he encouraged everyone to visit the Chamber
of Commerce website to register; and he reported that
former Councilmember Steven Rose was recovering well from
surgery.
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February 13, 2012
Receipt of Correspondence
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE CORRESPONDENCE.
o0o
Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL AND CULVER CITY HOUSING AUTHORITY AGENDA
ITEM: FOUR-FIFTHS VOTE REQUIREMENT - Adoption of Budget
Amendments Related to the Transfer of Assets to the Housing
Authority from the Community Improvement Fund.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE A BUDGET AMENDMENT APPROPRIATING A $9,700,000
TRANSFER OUT FROM THE HOUSING RELATED COMMUNITY IMPROVEMENT
FUND (48299900.953310) TO THE CULVER CITY HOUSING
AUTHORITY.
o0o
Consent Calendar
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1 THROUGH C-6.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE THE MEETING MINUTES FOR THE
REGULAR MEETING OF JANUARY 9, 2012 AS SUBMITTED.
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February 13, 2012
Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FROM
JANUARY 14, 2012 – FEBRUARY 3, 2012.
o0o
Item C-3
(1) Acceptance of Work Performed by KASA Construction; (2)
Authorization to File the Notice of Completion; and (3)
Authorization to Release the Retention Payment after the
Expiration of the 35-Day Lien Period for the West Washington
Phase II Streetscape Median Project.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY KASA CONSTRUCTION FOR THE
WEST WASHINGTON PHASE II STREETSCAPE MEDIAN PROJECT; AND,
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE NOTICE OF
COMPLETION AND FILE IT WITH THE LOS ANGELES COUNTY
RECORDER’S OFFICE; AND,
3. AUTHORIZE THE RELEASE OF $30,573.40 IN RETENTION FUNDS
TO KASA CONSTRUCTION AFTER THE EXPIRATION OF THE 35-DAY
LIEN PERIOD.
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February 13, 2012
Item C-4
Approval of a Professional Services Agreement with Martin &
Chapman Co. to Provide Election Services Relating to the
City’s General Municipal Election to be held on Tuesday, April
10, 2012.
THAT THE CITY COUNCIL:
1. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH MARTIN &
CHAPMAN CO. AS THE ELECTION SERVICES PROVIDER FOR THE 2012
GENERAL MUNICIPAL ELECTION AT A COST NOT TO EXCEED
$68,000.00;
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Item C-5
Adoption of a Resolution Authorizing the City Manager to
Submit a Grant Application through the Baldwin Hills
Conservancy’s Proposition 84 Grant Program for Design of a
Ramp from the Higuera Bridge to the Ballona Creek Bike
Path.
THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R017 AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION THROUGH THE BALDWIN
HILLS CONSERVANCY’S PROPOSITION 84 GRANT PROGRAM FOR DESIGN
OF A RAMP FROM THE HIGUERA BRIDGE TO THE BALLONA CREEK BIKE
PATH; AND
2. APPROVE ACCEPTANCE AND IMPLEMENTATION OF THE GRANT, IF
AWARDED; AND 8
February 13, 2012
Item C-5
(continued)
3. APPROVE THE APPROPRIATION ON $20,000 IN GAS TAX FUNDS
FOR THE GRANT MATCH, IF AWARDED; AND
4. APPROVE THE APPROPRIATION OF THE GRANT FUNDING, IF
AWARDED.
o0o
Item C-6
Adoption of a Resolution Approving Encroachment Agreements
with AT&T for Use of the Underground Public Right of Way at
Various Locations.
THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R018 APPROVING THE
ENCROACHMENT AGREEMENTS WITH AT&T AT THE LOCATIONS SHOWN IN
THE SYSTEM EXHIBITS;
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Order of the Agenda
No action was taken on this item.
o0o 9
February 13, 2012
Action Items
Item A-1
(1) Adoption of a Resolution of Intention to Approve a Contract
Amendment between the Public Employees’ Retirement System
(PERS) and the City of Culver City to Implement Three-Year
Final Compensation for New Local Fire Members (Firefighters
(FF) and Fire Management Group (FMG)); and (2) Introduction of
an Ordinance Authorizing said Contract Amendment.
Mayor O’Leary invited public comment.
Martin Cole, Assistant City Manager/City Clerk read written
comments submitted by:
Meghan Sahli-Wells
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION OF INTENTION NO. 2012-R019 TO APPROVE A
CONTRACT AMENDMENT BETWEEN THE PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM (PERS) AND THE CITY OF CULVER CITY TO IMPLEMENT THREE-
YEAR FINAL COMPENSATION FOR NEW LOCAL FIRE SAFETY MEMBERS
(FIREFIGHTERS (FF) AND FIRE MANAGEMENT GROUP (FMG); AND,
2. INTRODUCE ORDINANCE NO. 2012-001 AUTHORIZING SAID CONTRACT
AMENDMENT.
o0o 10
February 13, 2012
Item A-2
(1) Adoption of a Resolution of Intention to Approve a Contract
Amendment between the Public Employees’ Retirement System
(PERS) and the City of Culver City to Implement 3% at 55
Formula and Three-Year Final Compensation for New Local Police
Safety Members in the Police Officers’ Association (POA) and
Police Management Group (PMG); and (2) Introduction of an
Ordinance Authorizing said Contract Amendment.
Mayor O’Leary invited public comment.
Martin Cole, Assistant City Manager/City Clerk read written
comments submitted by:
Meghan Sahli-Wells
Councilmember Weissman expressed concern with what he felt was
an inappropriate characterization of relations between the City
and the bargaining units of the Police Department; he noted
good faith negotiations on both sides; he felt the bargaining
groups should all be congratulated; and he commended everyone
for their efforts during a difficult process.
Councilmember Cooper echoed Councilmember Weissman’s comments.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION OF INTENTION NO. 2012-R020 TO APPROVE A
CONTRACT AMENDMENT BETWEEN THE PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM (PERS) AND THE CITY OF CULVER CITY TO IMPLEMENT
THREE-YEAR FINAL COMPENSATION FOR NEW LOCAL FIRE SAFETY
MEMBERS IN THE POLICE OFFICERS’ ASSOCIATION (POA) AND
POLICE MANAGEMENT GROUP (PMG); AND,
2. INTRODUCE ORDINANCE NO. 2012-002 AUTHORIZING SAID
CONTRACT AMENDMENT.
o0o 11
February 13, 2012
Item A-3
(1) Adoption of a Resolution (a) Providing Additional Service
Credit Pursuant to Government Code Section 20903 for Local
Miscellaneous Members of the California Public Employees
Retirement System (CalPERS); (b) Designating the Window Period
as February 14, 2012 to May 14, 2012; and (c) Specifying the
Eligible Group of Members; and (2) Authorize the Mayor to
Execute the Certification of Compliance with Government Code
Section 20903.
Mayor O’Leary invited public comment.
Martin Cole, Assistant City Manager/City Clerk read written
comment submitted by:
Meghan Sahli-Wells
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R021 (A) PROVIDING ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR
LOCAL MISCELLANEOUS MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CALPERS); (B) DESIGNATING THE WINDOW PERIOD
AS FEBRUARY 14, 2012 TO MAY 14, 2012; AND (C) SPECIFYING THE
ELIGIBLE GROUP OF MEMBERS; AND,
2. AUTHORIZE THE MAYOR TO EXECUTE THE CERTIFICATION OF
COMPLIANCE WITH GOVERNMENT CODE SECTION 20903.
o0o 12
February 13, 2012
Item A-4
Consideration of City Sponsorship of the 49th Annual
U.S./Mexico Sister Cities Association International Conference
and Approval of a Memorandum of Understanding Related Thereto.
Mayor O’Leary invited public comment.
There was no response.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1A. DETERMINE THAT THE CRITERIA IN CITY COUNCIL POLICY
STATEMENT 2008-01 HAVE BEEN MET AND DESIGNATE THE 49TH
ANNUAL U.S./MEXICO SISTER CITIES ASSOCIATION INTERNATIONAL
CONFERENCE AS A CITY SPONSORED EVENT, CONTINGENT UPON THE
CCSCC AGREEING TO IDENTIFY THE CITY IN THEIR PROMOTIONAL
ACTIVITIES AND MATERIALS AS A SPONSOR OF THE EVENT AND
APPROVE A MOU RELATED THERETO; AND,
1B. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
1C. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o 13
February 13, 2012
Item A-5
(1) Approval of a Commitment Letter with Regency Centers for
the Sale and Redevelopment of City Owned Property at the
Northerly Corners of the Washington Boulevard and Centinela
Avenue Intersection, and (2) Approval of a Professional
Services Agreement with International Parking Design to Design,
Bid, and Oversee Construction of a Public Parking Structure to
Satisfy the Parking Requirements of the Washington
Boulevard/Centinela Avenue Market Hall Project.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary invited public comment.
The following member of the audience addressed the City
Council:
Robert Pine expressed concern with due diligence on the project
and with a lack of available information; he discussed Red Barn
and the City of Hercules; discussed Regency Centers; he
expressed concern that the focus is not on creating a market
hall type project; and he discussed fixed prices, terms and
conditions.
Martin Cole, Assistant City Manager/City Clerk read written
comments submitted by:
Jean Ballantine
Responding to Mayor O’Leary, Sol Blumenfeld, Community
Development Director, addressed concerns with possible risk
being undertaken by the City; the process by which the City is
protected; Red Barn and the City of Hercules, California; and
due diligence with respect to Regency and their capability to
carry out the project. 14
February 13, 2012
Item A-5
(continued)
At this time, Kathy Head, Keyser Marston Associates (KMA),
financial consultants, discussed their previous work with
Regency; their belief that Regency is capable of financing the
project; she acknowledged that the project is atypical for
Regency but noted that they had expressed an interest in
branching out to other types of developments; she discussed
bringing in partners and consultants with experience with that
type of project; and she expressed belief that a quality team
had been assembled and their references and experience had been
verified.
Sol Blumenfeld, Community Development Director, discussed
ensuring the tenanting of the project; actions by the City to
make the project more financeable and feasible; the public
parking component; the land offer; reducing the risk;
developing a project embraced by the community and endorsed by
the City Council; ensuring that the project that is promised is
delivered; the 60 day due diligence period; the ability of the
City to not convey the land until the project plans are
endorsed and supported; the Disposition and Development
Agreement (DDA) and other conditions; operation of the market
hall; and the City owned public parking facility.
Discussion ensued between the City Council and staff regarding
the anchor tenant; basing of the land price on a market hall
specific project; the ability of the City to withdraw; whether
Regency is a new entity solely created for the project; an
observation that forming an LLC for a project is commonplace;
the Parcel B project; the ability of the public to provide
input; evidence of financing; the type of tenants and tenant
mix; the commitment letter; creating a market hall;
clarification that the action is to commence with the process;
support for due diligence, maintaining the original vision; and
the concerns of Mr. Pine. 15
February 13, 2012
Item A-5
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A COMMITMENT LETTER WITH REGENCY CENTERS
ACQUISITION, LLC FOR THE SALE AND SUBSEQUENT DEVELOPMENT OF THE
NORTHERLY CORNERS OF THE WASHINGTON BOULEVARD AND CENTINELA
AVENUE INTERSECTION FOR CONSTRUCTION OF A MARKET HALL PROJECT
PURSUANT TO SECTION 33433 OF THE HEALTH AND SAFETY CODE; AND
2. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH INTERNATIONAL
PARKING DESIGN TO DESIGN, BID AND OVERSEE CONSTRUCTION OF A
CITY-OWNED PARKING STRUCTURE COMPRISED OF APPROXIMATELY 217
SPACES ON THE NORTHWEST CORNER OF THE WASHINGTON BOULEVARD AND
CENTINELA AVENUE INTERSECTION; AND
3. AUTHORIZE THE CITY ATTORNEY/CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
4. AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUCH DOCUMENTS ON
BEHALF OF THE CITY, AND TO ISSUE INTERPRETATIONS, WAIVE
PROVISIONS, ENTER INTO AMENDMENTS ON BEHALF OF THE CITY, AND TO
SIGN ALL SUCH OTHER DOCUMENTS AND INSTRUMENTS NECESSARY TO
IMPLEMENT AND CARRY OUT THE AGREEMENT ON BEHALF OF THE CITY IN
SUCH FORM AS IS REASONABLY ACCEPTABLE TO THE CITY MANAGER.
o0o 16
February 13, 2012
Item A-6
Discussion Regarding Appointments to the Oversight Board
Established by AB 1X 26 (the Redevelopment Agency
Dissolution Bill).
Mayor O’Leary indicated that he had brought forth this item as
he felt it required input from the entire City Council and he
did not feel that the State had the right to tell the City what
to do.
Mayor O’Leary invited public comment.
Martin Cole, Assistant City Manager/City Clerk read written
comments submitted by:
Meghan Sahli-Wells
Discussion ensued between the City Council and staff regarding
appointing someone with legal expertise; taking a majority
vote; making a recommendation to the Mayor; the staff
appointment; a recommendation by the City Manager; a suggestion
to create a list of topics for review by the Charter Review
committee; whether the Mayor has the authority to do what the
Legislature requests him to do; and the Oversight Board.
MOVED BY MAYOR O’LEARY, SECONDED BY COUNCILMEMBER COOPER AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL PROVIDE COMMENTS
AND RECOMMEND THAT THE MAYOR APPOINT COUNCILMEMBER WEISSMAN
AND SENIOR MANAGEMENT ANALYST NICK KIMBALL TO SERVE ON THE
OVERSIGHT BOARD ESTABLISHED BY AB 1X 26.
o0o 17
February 13, 2012
Item A-7
Consideration of Adoption of a Resolution Imposing a Duty on
the Mayor to Receive the Advice and Consent of the City Council
Prior to Making Mayoral Appointments Pursuant to State Law.
Discussion ensued between the City Council and staff regarding
authority of the Mayor according to the City Charter; concern
with protecting against the possibility of abuse of authority;
AB 26; concern with jeopardizing or canceling any actions;
appointed Mayors versus elected Mayors; the Letter of
Appointment; the Charter Review process; closing loopholes;
items needing special attention during the Charter Review
process; and a proposed resolution to require the Mayor to
bring state required appointment matters for City Council
consideration, barring emergencies.
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2012-R022 WHICH WOULD IMPOSE A DUTY UPON THE
MAYOR TO OBTAIN THE ADVICE AND CONSENT OF THE CITY COUNCIL
WHEN MAKING APPOINTMENTS PURSUANT TO STATE LAW.
o0o 18
February 13, 2012
Item A-8
Request for Direction Regarding Financial Assistance for the
Culver City Exchange Club Car Show, and the Taste of the Nation
and IndieCade Events.
John Nachbar, City Manager, provided a summary of the material
of record.
Discussion ensued between the City Council and staff regarding
the Summer Concert Series; minimal staff assistance; the
provision of financial assistance; sponsorship designation; and
the elimination of the NOFA program.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Dr. Jay Shery, Culver City Exchange Club, thanked the City for
past support; he requested a donation of in-kind services to
enable the Car Show to continue; and he reported that last year
they were able to put the $15,000 they made in profits back
into the community.
Cary Anderson read an excerpt from the minutes of June 13,
2011; he received clarification that Councilmember Cooper is a
member of the Exchange Club; he expressed concern with a
possible conflict of interest with a former Councilmember; he
questioned where funds were donated; asked about the number of
cars registered; discussed the Gilmore Car Show; and he
suggested locating the event at the Westfield Mall instead of
the downtown area.
Stephanie Barish, representing IndieCade, thanked the City for
their support; expressed discomfort with the timing of the item
given the dissolution of the Redevelopment Agency; she noted
that in order to continue to grow they needed substantial
support from the City; and she indicated openness to
brainstorming ideas. 19
February 13, 2012
Item A-8
(continued)
Responding to an inquiry from Mayor O’Leary, Jeremy Green,
Cultural Affairs Administration and Special Projects
Coordinator, reported that Taste of the Nation had indicated
that they would seek a different venue if they did not receive
City support.
At this time, Dr. Jay Shery indicated that they would be able
to continue the Car Show without support and he discussed the
intent to bring people to the downtown area of Culver City.
Discussion ensued between the City Council and staff regarding
estimated hard costs for staff time and additional fees
associated with the Car Show; ways to reduce staff costs;
adequate staffing; embedded costs; in-kind costs; support for
the events; attention the events bring to the City; benefits to
the community; quantification; the economy and financial
difficulties faced by the City; allowing extra time for the
organizations to work things out; the fact that Taste of the
Nation has already found another location; and the self-
contained nature of Taste of the Nation.
Further discussion ensued regarding benefits to the downtown
area from the Car Show and IndieCade; a belief that it would be
damaging to lose IndieCade; a suggestion to put cost savings
from energy savings programs into an Innovation Fund; using the
Innovation Fund for projects that would benefit the City; the
time frame for receiving the savings; borrowing against future
savings; generating commerce; branding the City; concern with
borrowing against unrealized savings; the importance of
examining the whole picture rather than considering things
piecemeal; clarification that savings from the Cardiff parking
structure would go to the Parking Fund rather than the General
Fund; energy savings for the City Hall parking structure; fee
waivers; the fundamentals of budgeting; and consistency.
Following discussion, the City Council concurred to direct
staff to meet with the event coordinators for the Car Show, the
Taste of the Nation and IndieCade regarding fees and return
with information on how much of the fees need to be waived, and
to look at other previously City sponsored events.
o0o 20
February 13, 2012
Public Comment for Items Not On the Agenda (Continued).
Mayor O’Leary invited public participation.
There was no response.
o0o
Items from the City Council
No action was taken on this item.
o0o 21
February 13, 2012
Adjournment
There being no further business, at 9:00 p.m., the City
Council adjourned its meeting to a meeting to be held on
February 27, 2012.
o0o
Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
APPROVED
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California