THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE December 12, 2011
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
D. Scott Malsin, Vice Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
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Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (2 items)
Pursuant to Government Code Section 54956.9(b)(1)
CS-2 Conference with Legal Counsel – Existing Litigation
Re: Simplis, Kandace et al. v. City of Culver City (Case No.
CV-9497 JHN (MANx))
Pursuant to Government Code Section 54956.9(a)
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Recess
The City Council recessed to Closed Session at 5:30 p.m.
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December 12, 2011
Reconvene
The City Council reconvened its meeting at 7:02 p.m. with
all Councilmembers present.
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Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Boy Scout Troop #108.
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Closed Session Report
Mayor O’Leary indicated there was nothing to report out of
Closed Session.
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Added Item
A Proclamation to the Culver City High School Centaurs.
Mayor O’Leary presented a proclamation to the Culver City High
School Centaurs football team. The team played in the CIF
finals but unfortunately did not win.
Councilmember Cooper congratulated the Centaurs and commended
Mayor O’Leary for his motivational speech to the team.
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Presentations
Item P-1
A Presentation to the City Council from the Wende Museum.
Dr. Justin Jampol, representing the Wende Museum, provided
a presentation on the museum and discussed finding a long-
term, permanent home in Culver City. 3
December 12, 2011
Item P-1
(continued)
Discussion ensued between the City Council and staff
regarding engaging in discussions to explore ideas; the
process and procedure; and City Council consensus for
agendizing a discussion of the matter.
The following member of the audience addressed the City
Council:
Stuart Freeman, Culver City Historical Society, reported
their support of the efforts of Dr. Jampol to secure a
permanent home in Culver City.
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Community Announcements by City Council Members/Information
Items from Staff.
No action was taken on this item.
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Joint Public Comment – Items Not on the Agenda
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Bob Pine, Culver City Amateur Radio Emergency Services
(CCARES), reported a mention of CCARES in the December
edition of American Relay Radio League Magazine for their
participation in an annual emergency communication event;
and he extended an invitation to participate in the next
event on June 23-24, 2012.
Mayor O’Leary received clarification that no training was
required in order to participate. 4
December 12, 2011
Public Comment
(continued)
Seth Horowitz, Culver Hotel, requested City Council
consideration of support for holding the WestDoc Conference
in Culver City which would utilize the Culver Hotel and
Pacific Theatres and the space between the theatre and the
hotel.
Discussion ensued between the City Council and staff
regarding placing the item on the January 9, 2012 agenda
for full consideration; sponsorship; the use of the space
between the Pacific Theaters and the Culver Hotel; a
suggestion that staff meet with WestDoc representatives,
the DBA, and representatives from the Culver Hotel and
Pacific Theatres; and ensuring that there is no conflict
with IndieCade.
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Receipt of Correspondence
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE CORRESPONDENCE.
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Consent Calendar
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1, C-2, C-3, C-5 AND C-6.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR
MEETING OF NOVEMBER 14, 2011 AS SUBMITTED.
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December 12, 2011
Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR
NOVEMBER 5, 2011 – DECEMBER 2, 2011.
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Item C-3
Approval of the Second Amendment to the Existing Joint Use
Agreement with the Culver City Unified School District
Extending the Term Thereof for an Additional Six Months (to
June 30, 2012.)
THAT THE CITY COUNCIL:
1. APPROVE AN AMENDMENT TO THE EXISTING JOINT USE AGREEMENT
WITH THE CULVER CITY UNIFIED SCHOOL DISTRICT EXTENDING THE
TERM THEREOF FOR AN ADDITIONAL SIX MONTHS (TO JUNE 30,
2012); 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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December 12, 2011
Item C-5
Approval of a Professional Services Agreement with PSC
Environmental Services for the Removal of Hazardous Waste
from the City.
THAT THE CITY COUNCIL:
1. APPROVE A FIVE-YEAR PROFESSIONAL SERVICES AGREEMENT
WITH, PSC, FOR THE REMOVAL OF THE CITY’S HAZARDOUS WASTE IN
AN AMOUNT NOT-TO-EXCEED $18,000.00 PER YEAR FOR AN
AGGREGATE CONTRACT AMOUNT NOT-TO-EXCEED $90,000; 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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Item C-6
Approval of an Amendment to the Existing Professional
Services Agreement with Bestway Recycling, Inc. to Purchase
Recycling Material from the City for an Additional One Year
Period.
THAT THE CITY COUNCIL:
1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH BESTWAY RECYCLING, INC. TO PURCHASE
RECYCLABLE MATERIAL, FROM DECEMBER 12, 2011 UNTIL DECEMBER
31, 2012 FOR A PRICE OF $40 PER TON FOR COMMINGLED
RECYCLABLE MATERIAL, 70% OFFICIAL BOARD MARKETS RATE (OBM)
FOR LOOSE CORRUGATED CARDBOARD, AND $150 PER TON FOR BALED
CORRUGATED CARDBOARD; 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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December 12, 2011
The following Consent Calendar items was discussed and voted on
separately:
Item C-4
Approval of a Contract with IPS Group Inc., for the Sole-Source
Purchase of 1,000 Parking Meters.
Councilmember Weissman received clarification regarding the
timeline for installation.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A CONTRACT FOR THE SOLE SOURCE PURCHASE OF 1,000
PARKING METERS FROM IPS GROUP INC. (IPS) IN AN AMOUNT NOT TO
EXCEED $550,000 PLUS ON-GOING FEES; 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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Item C-7
Adoption of a Resolution Approving a Three (3) Year Memorandum
of Understanding with the Culver City Firefighters Local 1927,
AFL-CIO for the Period of January 1, 2012 through December 31,
2014, with the Option of an Additional One (1) Year Extension.
Councilmember Armenta expressed appreciation to staff and
the bargaining groups for working cooperatively to save the
City millions of dollars in the future.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2011-R096 APPROVING A THREE (3) YEAR MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND THE CULVER CITY
FIREFIGHTERS LOCAL 1927, AFL-CIO FOR THE PERIOD OF JANUARY 1,
2012 THROUGH DECEMBER 31, 2014, WITH THE OPTION OF AN
ADDITIONAL ONE (1) YEAR EXTENSION. 8
December 12, 2011
Item C-8
Adoption of Resolutions (1A) Approving Side Letters of
Agreement with the Culver City Employees Association and
the Culver City Management Group (1B) Amending the Culver
City Executive Compensation Plan; and (2) Rescinding
Resolution Nos. 2011-R041, 2011-R056 and 2011-R070.
Councilmember Malsin indicated that he had not participated
in discussions with the Culver City Management group and he
recused himself from voting on the side letter of agreement
with the Culver City Management Group.
Councilmember Malsin left the dais.
The following motion was made:
MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY
COUNCILMEMBER ARMENTA, THAT THE CITY COUNCIL ADOPT
RESOLUTIONS NO. 2011-R097 AND 2011-R098 APPROVING SIDE
LETTERS OF AGREEMENT WITH THE CULVER CITY EMPLOYEES
ASSOCIATION AND THE CULVER CITY MANAGEMENT GROUP AND
RESOLUTION NO. 2011-R099 AMENDING THE CULVER CITY EXECUTIVE
COMPENSATION PLAN; AND RESCINDING RESOLUTIONS NO. 2011-
R041; 2011-R056 AND 2011-R070.
AYES: Councilmembers Armenta, Cooper, Weissman, O’Leary
NOES: None
ABSTAIN: Councilmember Malsin
ABSENT: None
Councilmember Malsin returned to the dais.
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Order of the Agenda
No action was taken on this item.
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December 12, 2011
Public Hearings
Item PH-1
(1) Adoption of a Resolution Confirming the Business
Improvement District Advisory Board’s Annual Report and the
Levy of the Downtown Culver City Business Improvement
District Assessment for 2012; and (2) Appointment of
Members to the Business Improvement District Advisory Board
for Calendar Year 2012.
Councilmember Weissman recused himself from this item due
to a conflict of interest and left the dais at 7:42 p.m.
MOVED BY COUNCILMEMBER COOPER AND SECONDED BY COUNCILMEMBER
MALSIN, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS
OF PUBLICATION AND POSTING OF NOTICES AND CORRESPONDENCE
RECEIVED IN RESPONSE TO THE PUBLIC HEARING NOTICES.
AYES: Councilmembers Armenta, Cooper, Malsin, O’Leary
NOES: None
ABSTAIN: Councilmember Weissman
ABSENT: None
Mayor O’Leary clarified that Councilmember Weissman recused
himself from the hearing as his business is located in the
Business Improvement District.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE PUBLIC HEARING BE OPENED.
AYES: Councilmembers Armenta, Cooper, Malsin, O’Leary
NOES: None
ABSTAIN: Councilmember Weissman
ABSENT: None
Mayor O’Leary invited public comment.
There was no response. 10
December 12, 2011
Item PH-1
(continued)
MOVED BY COUNCILMEMBER COOPER AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE PUBLIC HEARING BE CLOSED.
AYES: Councilmembers Armenta, Cooper, Malsin, O’Leary
NOES: None
ABSTAIN: Councilmember Weissman
ABSENT: None
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2011-R100 CONFIRMING THE BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD’S ANNUAL REPORT AND THE
LEVY OF THE DOWNTOWN CULVER CITY BUSINESS IMPROVEMENT DISTRICT
ASSESSMENT FOR 2012; AND
2. APPOINT MEMBERS TO THE BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD; AND
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW AND PREPARE THE
NECESSARY DOCUMENTS; AND
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
AYES: Councilmembers Armenta, Cooper, Malsin, O’Leary
NOES: None
ABSTAIN: Councilmember Weissman
ABSENT: None
Councilmember Weissman returned to the dais at 7:45 p.m.
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December 12, 2011
Action Items
Item A-1
(1) Introduction of an Ordinance Amending the Culver City
Municipal Code to Add a New Chapter 15.13 Relating to Mobile
Home Park Resident Protection; and (2) Direction to Staff
Regarding Potential Zoning Code Amendment for Future Change of
Use of Mobile Home Park Properties.
Tevis Barnes, Housing Administrator, introduced the item.
Sherry Jordan, consultant, provided an overview of the proposed
ordinance and highlighted certain clarifications, additions and
omissions.
Sol Blumenfeld, Community Development Director, provided an
overview analysis for providing additional development
intensity.
Discussion ensued between the City Council and staff regarding
the accuracy of the staff report on City Council direction;
appreciation for the incorporation of suggestions; the
Relocation Impact Report; and length of the process.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Frank Campanga, Grandview Mobile Home Park Association,
discussed the proposed conversion ordinance; the amount of
notice for park closure; the benefit amount; the 2008 City
Council determination that existing state law did not provide
adequate protection; he expressed concern with the proposed
ordinance; requested 18 months’ notice before any possible
evictions; observed that the current proposal did not go beyond
state law; requested a method of determining value; asserted
that the ordinance, with some adjustments, would be acceptable;
discussed the density bonus for the park owners; and
compensation of the owner for relocation costs. 12
December 12, 2011
Item A-1
(continued)
Neema Ahadian, representing a developer interested in
redeveloping the site, discussed the high cost of relocation;
the time frame for notice; he read and discussed notes from
their consultant, a California Licensed Appraiser for Mobile
Home Parks; and he discussed estimated costs.
Keith Moret, representing Frank Teng, one of the owners of the
mobile home park located at 4025 Grand View Boulevard,
indicated that he had been hired to help sell the park as Mr.
Teng wants to retire; he expressed concern that developer
response had been negative since the ordinance; discussed fair
market value; and improving the neighborhood.
Terry Dowdall discussed the ability to review the new proposal;
consultants; expenses; procedural issues; he suggested that the
City Council consider a mandated conciliation session
supervised by the City; one on one resident sessions; and
dispute resolution.
Michael Goodman, representing Roy Matsuoka, owner of the mobile
home park located at 4071 Grand View Boulevard, expressed
concern with the ability to review the information; substantial
returns for residents without making any investment in the
park; and the current market rate on the units.
Ela Valladares, Deputy City Clerk, read written comments
submitted by:
Ceclia Kurtz
The City Council announced it would recess the meeting in order
to give staff time to prepare responses to speakers’ comments.
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Recess
The City Council recessed its meeting at 8:32 p.m.
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December 12, 2011
Reconvene
The City Council reconvened its meeting at 8:43 p.m., with
all Councilmembers present.
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Item A-1
(continued)
Sol Blumenfeld, Community Development Director, addressed
speakers’ comments regarding the period of time for noticing
park tenants; the density bonus; relocation payments; language
regarding appraised value by a certified appraiser; an approved
appraiser list; the density incentive; value of the park;
relocation costs per space; legal and permitting costs; state
requirements; definition and process; valuations; whether the
ordinance jeopardizes redevelopment of the property; the amount
of time to review the report; the formula used as providing
more specificity; and whether the ordinance creates a climate
for litigation.
Heather Baker, Assistant City Attorney, discussed the valuation
of mobile homes for those who cannot be relocated and indicated
that the ordinance was lawful as written.
Sol Blumenfeld, Community Development Director, discussed
procedures; consultant costs; one on one tenant resolution;
market rate for the units; the Keyser Marston Associates (KMA)
Report; the relocation plan; further research; and pertinent
costs.
Discussion ensued between the City Council and staff regarding
appreciation that the revised ordinance addressed previously
discussed issues; valuation of the land; protecting the parcel;
a potential density bonus; relocation assistance; the
Relocation Impact Report; costs incurred under state law;
additional benefits; calculations; calculation of the offsets;
variations between mobile homes; the value of mobile homes as
moved; precise calculations; fairness; allowing additional time
for a smooth transition; and length of the process.
Councilmember Armenta made a motion to approve motions 1A, 1B
and 1C. 14
December 12, 2011
Item A-1
(continued)
Councilmember Weissman expressed concern that the proposed
bonus formula would act as an incentive to move forward with
the sale; he discussed consideration of a density bonus;
expressed concern with protecting the residents; and indicated
that he wanted to see a discussion of a zoning code amendment
in the future to consider the issue of a density bonus.
Councilmember Armenta amended his motion to exclude motion 1C.
Further discussion ensued between the City Council and staff
regarding appreciation to staff for their efforts; effects of
the ordinance on potential buyers; and expiration of the
Relocation Impact Report.
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1A. INTRODUCE ORDINANCE NO. 2011-010 TO AMEND THE CULVER CITY
MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.13 RELATING TO
MOBILE HOME PARK RESIDENT PROTECTION;
1B. DIRECT STAFF TO RETURN TO CITY COUNCIL WITH A RELATED
RESOLUTION ESTABLISHING THE FEES FOR PROCESSING A RELOCATION
IMPACT REPORT APPLICATION, CONCURRENTLY WITH THE ADOPTION OF
THE ORDINANCE; AND
2. DIRECT STAFF TO SCHEDULE A FUTURE DISCUSSION REGARDING A
ZONING CODE AMENDMENT TO CONSIDER THE ISSUE OF DENSITY
BONUSES.
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December 12, 2011
Public Comment for Items Not on the Agenda (Continued)
Mayor O’Leary invited public participation.
The following member of the audience addressed the City
Council:
Cary Anderson discussed audio issues during the Council
Meeting of December 5, 2011 and suggested that the meeting
be replayed; he suggested that a message be displayed
onscreen with information on who to contact if there is an
issue with the transmission or when Channel 35 goes off the
air; and he discussed the effects of heavy crowds in the
downtown area on the residential neighborhood south of Town
Plaza.
Responding to Mayor O’Leary, Martin Cole, Assistant City
Manager/City Clerk, clarified that the sound issue last
week was due to a malfunction of Time Warner equipment and
the issue has been addressed; he reported that an email
blast with a link to the broadcast of the meeting had been
sent out; he agreed to re-broadcast the meeting on Channel
35 on December 17, 2011; and he discussed the operating
budget for Channel 35.
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Items from the City Council
Items Presented by Councilmember Cooper
• Wished everyone Happy Holidays.
• Noted changes to the City Council in the upcoming year
and expressed appreciation for the dynamic of the City
Council.
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Items Presented by Councilmember Armenta:
• Wished everyone Happy Holidays.
o0o 16
December 12, 2011
Items Presented by Councilmember Weissman:
• Expressed pride in the cooperation and good faith of
the City employees in addressing short and long-term
pension and health benefit issues.
• Expressed appreciation for his colleagues.
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Items Presented by Councilmember Malsin:
• Expressed appreciation to involved residents for their
continuing commitment to the City.
• Announced his resignation as a Councilmember and explained
he was resigning in order to keep health benefits for his
family. The benefits will expire on December 31, 2011 due
to changes the City is making to its health benefits plan.
At this time, discussion ensued between the City
Council and staff regarding City Charter requirements
in the event of a vacancy; a suggestion to add the
item to the agenda as an emergency item; the Election
Code and potential costs; deadlines; legally accepting
the vacancy for the record; amending the resolution
calling the April 2012 election to allow for the
additional seat; the opportunity to notice the
election in a timely matter; and whether the City
Council could act until the vacancy is in effect.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY
COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT
THE CITY COUINCIL ADD AN ITEM TO THE AGENDA AS AN
URGENT MEASURE UNDER GOVERNMENT CODE SECTION
54954.2(b)(2).
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Recess
The City Council recessed its meeting at 9:33 p.m.
o0o 17
December 12, 2011
Reconvene
The City Council reconvened its meeting at 10:11 p.m., with
all Councilmembers present.
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Added Item
At this time, Martin Cole, Assistant City Manager/City
Clerk, read into the record the title of the proposed
resolution amending the resolution calling the April 2012
election.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADD
CONSIDERATION OF THE PROPOSED RESOLUTION TO THE AGENDA AS
AN URGENT MEASURE UNDER GOVERNMENT CODE SECTION
54954.2(b)(2).
Martin Cole, Assistant City Manager/City Clerk, discussed
City Charter requirements regarding City Council vacancies;
deadlines for filing nomination papers for the next general
municipal election; and he read the text of the proposed
resolution into the record.
Mayor O’Leary invited public comment.
There was no response.
Discussion ensued between the City Council and staff
regarding the differences in terms for the four Council
seats; whether to appoint an interim Councilmember; adding
another agenda item or calling a special meeting to appoint
an interim Councilmember; considering making an appointment
as an agenda item on January 9, 2012; the Charter
requirement that the seat be put on the April 2012 ballot;
publishing requirements for the Notice of Election and
costs; concern with engaging in dialogue without the item
being agendized; the policy regarding a split vote; public
input; and concern with having enough time to select an
appointee. A City Council majority indicated no interest
in appointing an interim Councilmember. 18
December 12, 2011
Added Item
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE RESOLUTION NO. 2011-R101 [A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING
RESOLUTION NO. 2011-R087 CALLING THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
CITY CHARTER OF THE CITY OF CULVER CITY AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO INCREASE
THE CITY’S TRANSIENT OCCUPANCY TAX FROM 12% TO 14%].
o0o
Items from the City Council - continued
Items Presented by Mayor O’Leary:
• Wished everyone Happy Holidays.
o0o 19
December 12, 2011
Adjournment
There being no further business, at 10:37 p.m., the City
Council adjourned its meeting to a meeting to be held on
January 9, 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