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THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE January 12, 2015
CITY COUNCIL 5:30 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Sahli-Wells called the meeting of the City Council to
order at 5:30 p.m.
{Note from the City Clerk: Due to construction in the Mike
Balkman Council Chambers, this Regular Meeting of the City
Council was held in the Rotunda Room of the Veterans Memorial
Building as posted on the Agenda for this Meeting.}
Present: Meghan Sahli-Wells, Mayor
Micheál O‘Leary, Vice Mayor
Jim B. Clarke, Council Member
Jeffrey Cooper, Council Member
Andrew Weissman, Council Member
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Closed Session
The City Council recessed to Closed Session to consider
the following items:
CS-1 Conference with Real Property Negotiators
Re: 9351 Culver Boulevard
Agency Negotiators: City Manager/Executive Director; Sol
Blumenfeld, Community Development Director/Assistant
Executive Director Todd Tipton, Economic Development Manager
and Murray Kane, City/Successor Agency Special Counsel
Other Parties Negotiators: Midnight Snack, LP, Ford's Filling
Station
Under Negotiation: Price, terms of payment or both, including January 12, 2015
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use restrictions, development obligations and other monetary
related considerations
Pursuant to Government Code Section 54956.8
CS-2 Conference with Legal Counsel - Existing Litigation
Re: Bernous, Alice v. City of Culver City et al.
Case No. BC530546
Pursuant to Government Code Section 54957.9(d)(1)
CS-3 Conference with Legal Counsel - Anticipated Litigation
Re: Significant Exposure to Litigation- (1 item)
Pursuant to Government Code Section 54957.9(d)(2)
CS-4 Conference with Labor Negotiators
City designated representatives: City Manager John Nachbar,
Director of Human Resources Serena Wright
Employee Organizations: Culver City Employees Association,
Culver City Management Group, Culver City Police Officers'
Association, Culver City Police Management Group, Culver City
Firefighters' Association Local 1927, AFL-CIO, Culver City
Fire Management Group
Pursuant to Government Code Section 54957.6
CS-5 Conference with Legal Counsel - Existing Litigation
Re: Timothy Varney v. City of Culver City
Case Nos: ADJ613513, ADJ3797253, ADJ2252165
Pursuant to Government Code Section 54957.9(a)
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Reconvene
Mayor Sahli-Wells reconvened the City Council meeting at
7:25 p.m. with all Council Members present.
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Reflection/Pledge of Allegiance
The Reflection was given by John Nachbar, City Manager,
and the Pledge of Allegiance was led by Charles Hoult.
Martin Cole, Assistant City Manager/City Clerk, discussed
renovations to the Audio Visual systems in Mike Balkman January 12, 2015
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Chambers which necessitated holding City Council and
Commission meetings in other venues.
Discussion ensued between Council Members and staff
regarding notification of the venue change.
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Report on Action Taken in Closed Session
Mayor Sahli-Wells indicated nothing to report out of
closed session.
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Presentation
Item P-1
A Presentation to the City Council from the
Representatives Who Recently Visited Culver City's Sister
City of Iksan, South Korea
This presentation was postponed to a later date when
representatives could be present.
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Item P-2
A Proclamation in Honor of Dr. Martin Luther King, Jr.
Celebration Day 2015
Mayor Sahli-Wells presented the Proclamation and thanked
members of the Committee for their hard work.
Wayne Slappy, Dr. Martin Luther King Jr. Celebration
Committee Chair, discussed planned events and invited
everyone to attend the celebration on January 17 at the
Senior Center.
Martin Cole, Assistant City Manager/City Clerk, reported
that item CS-4 had not been considered in closed session.
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January 12, 2015
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Community Announcements By City Council Members/
Information Items From Staff
Council Member Clarke asked that when the meeting is
adjourned that it be adjourned in memory of David Jenett,
Commander of the Culver City Disabled Americans Veterans
Unit #123; and he received consensus that the City Council
consider Barbara Silverstein's request to name the Skate
Park in honor of Anita Shapiro.
Vice Mayor O'Leary announced the passing of Martha Sigall,
and he discussed her life and accomplishments.
Mayor Sahli-Wells observed that Martha was born the same
year that the City was founded and that her history was
tied closely with that of the City.
Vice Mayor O'Leary discussed the Christmas Luncheon at the
Senior Center, and he received consensus for a recognition
at the next City Council meeting for the hotels and
restaurants that put together the meal, noting that he
hoped the tradition would continue in the future.
Mayor Sahli-Wells discussed the recent attacks in Paris;
freedom of speech; she acknowledged the victims and their
families; thanked Jonah Miller for organizing the moment
of silence in Town Plaza; discussed a vigil on Sunday at
Los Angeles City Hall; the passing of State Senator Holly
Mitchell's mother, Sylvia Jewel Johnson; leadership and
representative changes at Metro; grant money from Metro;
and changes at the recent meeting of the Expo Board.
MOVED BY COUNCIL MEMBER CLARKE, SECONDED BY VICE MAYOR
O'LEARY AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS
ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF DAVID JENETT,
MARTHA SIGALL, AND SYLVIA JEWEL JOHNSON.
Dave White, Fire Chief, reported that the City had
received a renewal of its Class One rating; he discussed
the significance of the rating and who determined the
rating; and he thanked partners in the process.
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Joint Public Comment – Items Not on the Agenda
Mayor Sahli-Wells invited public comment. January 12, 2015
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The following members of the audience addressed the City
Council:
Dr. Janet Hoult read a poem in celebration of her wedding
anniversary, and she discussed her Civil Rights experiences
and the legacy of Dr. Martin Luther King, Jr.
Arlene Cardenas, Culver City Chamber Orchestra, thanked the
City for their support; announced upcoming concerts made
possible by the Performing Arts Grant received from the City;
noted other upcoming performances by the Chamber Orchestra;
and she reported that the Orchestra would be recognizing
Albert Vera Jr. for his work in the City.
Marla Koosed, Chair of the Culver City Cultural Affairs
Foundation, encouraged everyone to attend a series of
Architecture Talks with proceeds benefitting the technical
enhancement of Veterans Auditorium.
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Receipt and Filing of Correspondence
None.
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Joint Consent Calendar
Item JC-1
Joint City Council/Parking Authority/Housing Authority/
Successor Agency Agenda Item: Receipt and Filing of Fiscal
Year 2013/2014 Year-End Report and Audit Summary
MOVED BY COUNCIL MEMBER WEISSMAN, SECONDED BY VICE MAYOR
O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE THE ATTACHED FISCAL YEAR 2013/2014 YEAR-
END REPORT AND AUDIT SUMMARY.
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Item JC-2
Joint Culver City Council/Culver City Housing Authority/
Successor Agency to the Culver City Redevelopment Agency January 12, 2015
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Agenda Item: Cash Disbursements
MOVED BY COUNCIL MEMBER WEISSMAN, SECONDED BY VICE MAYOR
O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE CASH DISBURSEMENTS FOR NOVEMBER 29, 2014 – JANUARY
2, 2015.
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Item JC-3
Joint City Council and Successor Agency Board Agenda Item:
Approval of a Third Amendment to the Existing Agreement with
Modern Parking, Inc. in an Amount Not-to-Exceed $415,656 for
Parking Management Services at the Cardiff, Ince, and Watseka
Parking Structures and at the Venice and Virginia Parking
Lots
Mayor Sahli-Wells reported a recent complaint regarding
lack of lighting in the structures and wanted to ensure
that Modern Parking would be proactive rather than
reactive to maintenance issues in all of the parking
structures.
Discussion ensued between staff and Council Members
regarding responsibility for lighting and responsiveness.
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE SUCCESSOR AGENCY
BOARD:
1. APPROVE A THIRD AMENDMENT TO THE EXISTING AGREEMENT
WITH MODERN PARKING INC. IN AN AMOUNT NOT-TO-EXCEED
$415,656 AND EXTENDING ITS TERM FOR SIX MONTHS (TO JULY
31, 2015) FOR PARKING MANAGEMENT SERVICES AT THE CARDIFF,
INCE, AND WATSEKA PARKING STRUCTURES AND THE VENICE AND
VIRGINIA PARKING LOTS; AND,
2. AUTHORIZE THE CITY ATTORNEY/SUCCESSOR AGENCY GENERAL
COUNSEL TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO
EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY AND THE
SUCCESSOR AGENCY.
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January 12, 2015
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CONSENT CALENDAR
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
COOPER AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL
APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-4.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR
MEETING OF DECEMBER 8, 2014.
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Item C-2
Approval of an Application for $160,458.95 in Grant Funds
through the Fiscal Year 2016 California Office of Traffic
Safety, Selective Traffic Enforcement Program (STEP)
Cary Anderson discussed DUI checkpoints; proximity to bars;
selective traffic enforcement; and other types of
enforcement.
Vice Mayor O'Leary discussed his ownership of a bar and DUI
checkpoint locations.
Discussion ensued between staff and Council Members regarding
moving DUI checkpoints around; staff costs; and directed
enforcement.
THAT THE CITY COUNCIL:
1. APPROVE AN APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF
$160,458.95 THROUGH THE FY 2016 CALIFORNIA OFFICE OF TRAFFIC
SAFETY, SELECTIVE TRAFFIC ENFORCEMENT PROGRAM; 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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January 12, 2015
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Item C-3
Award of a Contract to R.E. Schultz Construction Services, as
the Lowest Responsive and Responsible Bidder, in an Amount
Not-To-Exceed $207,888.00 ($173,240.00 Bid Plus $34,648.00 in
Change Order Authority) for the Construction of the Syd
Kronenthal Park Rehabilitation Playground Project, PZ-831
THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO R.E. SHULTZ CONSTRUCTION, AS THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT NOT-
TO-EXCEED $207,888.00 ($173,240.00 BID PLUS $34,648.00 IN
CHANGE ORDER AUTHORITY) FOR THE CONSTRUCTION OF THE SYD
KRONENTHAL PARK PLAYGROUND REHABILITATION PROJECT, PZ-831;
AND,
2. AUTHORIZE THE PARKS DIVISION MANAGER TO APPROVE CHANGE
ORDERS IN AN AMOUNT NOT-TO-EXCEED $34,648.00, 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.
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Item C-4
Adoption of a Resolution Approving an Encroachment Agreement
with Crown Castle for Use of the Public Rights-of-Way
Mayor Sahli-Wells received clarification regarding impacts of
this project possibly being done if the underground project
went forward at the same time.
Discussion ensued between staff and Council Members regarding
timing of the projects and visual impacts.
THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT
WITH CROWN CASTLE CABLE FOR PROPOSED FIBER OPTIC
TELECOMMUNICATION CABLES ALONG JEFFERSON BOULEVARD; AND,
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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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Order of the Agenda
No changes were made.
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Item A-1
(1) Consideration of a Petition from Area Property and
Business Owners Requesting Recognition of a Newly Formed
“Washington West Business District” and (2) Sponsorship of
Cooperative Economic Development and Marketing Programs in
the Newly Formed District
Elaine Gerety-Warner, Senior Management Analyst, provided
a summary of the material of record.
Mayor Sahli-Wells invited public input.
No speakers came forward and no cards were received.
Discussion ensued between staff and Council Members
regarding signatories on the petition; businesses
discussing the issue; support for the district and for the
effort by the businesses; the model used on Sepulveda for
Culver Village; Business Improvement Districts; investment
by the businesses; annual events; the logistics and term
of sponsorship; and the work program
MOVED BY COUNCIL MEMBER WEISSMAN AND SECONDED BY VICE
MAYOR O'LEARY THAT THE CITY COUNCIL:
1. RECOGNIZE THE ORGANIZATION OF PROPERTY AND BUSINESS
OWNERS ALONG WASHINGTON BOULEVARD FROM INGLEWOOD BOULEVARD
TO BEETHOVEN STREET AS THE “WASHINGTON WEST BUSINESS
DISTRICT;” AND,
2. DETERMINE THAT THE WASHINGTON WEST BUSINESS DISTRICT’S
FUTURE EVENTS MEET THE CRITERIA SET FORTH IN CCMC SECTION January 12, 2015
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17.330.040.B.7.B.II. AND ARE DEEMED CITY SPONSORED EVENTS;
AND,
3. AUTHORIZE THE CITY MANAGER TO PROVIDE CITY IN-KIND
SUPPORT TO FUTURE COOPERATIVE ECONOMIC DEVELOPMENT AND
MARKETING ACTIVITIES FOR THE AREA THROUGH PROVIDING STAFF
SERVICES AND SPECIAL EVENT PERMIT FEE WAIVERS.
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Item A-2
(1) Discussion of the 2015 Culver City Summer Concert
Series and (2) (If Desired) Provide Direction to the City
Manager Related Thereto
Shelly Wolfberg, Assistant to the City Manager, provided a
summary of the material of record.
Mayor Sahli-Wells invited public input.
No speakers came forward and no cards were received.
Discussion ensued between staff, Council Members and Gary
Mandell regarding appreciation to Mr. Mandell for 20 years
of service; loss of Redevelopment Agency funds; changes to
the agreement from the previous year; uncertainty in the
amount of money available; experiences in previous years;
doing things safely; sponsors; participation by Sony;
marketing; matching funds from the City; marketing;
donations; the producer's fee, the marketing fee and the
sales fee; concern with a conflict of interest; the
Cultural Trust Fund; concern with ensuring that the same
amount of effort is expended; the need for trust; the
Request for Proposal; the amount of sponsorships vs.
producer fees; General Fund costs for the 2015 concerts;
developer fees; and the track record of the producer.
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. DIRECT THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH
BOULEVARD MUSIC TO HOLD A 2015 CONCERT SERIES WITHIN THE
AVAILABLE FUNDING PROVIDED IN THE CITY COUNCIL ADOPTED
BUDGET FOR FISCAL YEAR 2014/2015; AND,
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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 A-3
Authorization to the Members of the Committee on
Homelessness and City Staff to Solicit Volunteer
Enumerators and Donations of Refreshments in the Name of
the City for the 2015 Greater Los Angeles Homeless
Count
Mayor Sahli-Wells invited public input.
No cards were received and no speakers came forward.
Council Member Clarke discussed his participation in the
Count last year.
Discussion ensued between staff and Council Members
regarding support for the program; the loss of funding;
the timing of the Homelessness Count; and a suggestion
that t-shirts be donated to the homeless.
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
AUTHORIZE THE COMMITTEE ON HOMELESSNESS AND CITY STAFF TO
SOLICIT VOLUNTEER ENUMERATORS AND DONATIONS OF REFRESHMENTS
IN THE NAME OF THE CITY FOR THE 2015 GREATER LOS ANGELES
HOMELESS COUNT.
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Item A-4
(1) Consideration of a Recommendation by the Parks,
Recreation and Community Services Commission in Support of
Adoption of the Proposed Resolution Declaring Culver January 12, 2015
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City’s Commitment to Operating PRCS Department Programs in
a “Bullying Free Environment;” and (2) Adoption of a
Proposed Resolution if Deemed Appropriate
Dan Hernandez, Parks, Recreation and Community Services
Director, provided a summary of the material of record.
Mayor Sahli-Wells invited public input.
No cards were received and no speakers came forward.
Discussion ensued between staff and Council Members
regarding bullying at the Senior Center; City policies;
past experience; costs for signage; Exchange Club support;
training; the identification of bullying; using structures
already in place; acknowledgement of the work put in on
the item; bullying as a national issue; American Youth
Soccer Organization; and coordination with the school
district.
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT A PROPOSED RESOLUTION DECLARING CULVER CITY’S
COMMITMENT TO OPERATING PRCS DEPARTMENT PROGRAMS IN A
“BULLYING FREE ENVIRONMENT;” AND,
2. ACCEPT THE DONATION OF THE CULVER CITY EXCHANGE CLUB TO
COVER SIGNAGE COSTS.
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Item A-5
(1) Discussion of the Potential Formation of Underground
Utility District 11 at (A) Culver Boulevard and Sepulveda
Boulevard or (B) Along Jefferson Boulevard, West of
Duquesne Avenue or (C) Another Area Selected by the City
Council; and (2) Direct the City Manager as Deemed
Appropriate
Council Member Weissman recused himself and exited the
room.
Discussion ensued between staff and Council Members
regarding benefits and issues with each location, and
visibility. January 12, 2015
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Mayor Sahli-Wells invited public participation.
The following member of the audience addressed the City
Council:
Mark Olsen, Southern California Edison, discussed criteria
and requirements that the location be on a major street or
an arterial street.
Discussion ensued between Council Members and Mr. Olsen
regarding whether the money has to be spent within Culver
City; shared poles; additional research; future funding
possibilities; clarification that both projects are
viable; appreciation to Mate Gaspar for his efforts on the
item; and quality of life impacts.
MOVED BY VICE MAYOR O'LEARY AND SECONDED BY COUNCIL MEMBER
COOPER THAT THE CITY COUNCIL:
1. CHOOSE THE LOCATION AT AND NEAR THE INTERSECTION OF
CULVER BOULEVARD AND SEPULVEDA BOULEVARD. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
AYES: CLARKE, COOPER, O'LEARY, SAHLI-WELLS
NOES: NONE
ABSTAIN: WEISSMAN
Council Member Weissman returned to the room.
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Item A-6
Adoption of a Resolution Approving the Implementation of
the 2015-2016 Legislative Advocacy Program and Rescinding
Resolution No. 2012-R105
Mayor Sahli-Wells invited public participation.
No cards were received and no speakers came forward.
Vice Mayor O'Leary moved to accept the staff
recommendation and Council Member Weissman seconded the
motion.
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Discussion ensued between staff and Council Members
regarding adding a blanket statement that grant
opportunities be pursued at the Federal, state and local
level; things that happen at the County level; flexibility
with the legislative platform; applying State and Federal
guidance to the County level; impacts of fees and taxes to
businesses and residents; and hydraulic fracturing.
Council Member Clarke asked that the motion include
language to indicate support for any Federal and State
legislation which bans the practice of hydraulic
fracturing until it is proven safe.
Further discussion ensued between Council Members and
staff regarding incorporating language from the previously
adopted resolution into the legislative plan; placing a
ban on hydraulic fracturing and on the disposal of
wastewater until the Division of Oil, Gas and Geothermal
Resources (DOGGR) takes all actions to adopt comprehensive
regulations to ensure public health and safety; whether
the formally issued regulations from DOGGR adequately
protect health and safety; adoption of City comments;
support of Senator Mitchell's Bill; combining the
resolution and support for Holly Mitchell's Bill; adding
on to existing language; City Council policy direction;
conflicts between state and local authorities; the local
control model; applying local control more broadly;
opposing any attempts by the state and Federal government
to take control; and agreement to add language regarding
opposing preemption of local authority to the fracking
bullet point.
The City Council agreed to accept the amendment by Council
Member Clarke to include language regarding support for
legislation that bans hydraulic fracturing until proven
safe.
MOVED BY VICE MAYOR O'LEARY, SECONDED BY COUNCIL MEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION APPROVING THE 2015-2016 LAP AND
RESCINDING RESOLUTION NO. 2012-R105 WITH ADDITIONAL
LANGUAGE AS AGREED UPON BY THE CITY COUNCIL; AND,
2. AUTHORIZE AND DIRECT THE MAYOR AND VICE MAYOR (AS
NECESSARY), AS REPRESENTATIVES OF THE CITY COUNCIL TO January 12, 2015
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SUBMIT THE APPROPRIATE DOCUMENTS AND CORRESPONDENCE IN
KEEPING WITH THE GOALS OF THE 2015-2016 LAP; AND,
3. AUTHORIZE THE TESTIMONY OF ANY MEMBER OF THE CITY
COUNCIL BEFORE A LEGISLATIVE BODY, WHEREUPON THE POSITION
ADVOCATED IS CONSISTENT WITH CITY COUNCIL POLICY AND THE
2015-2016 LAP; AND,
4. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO PROVIDE
TESTIMONY BEFORE A LEGISLATIVE BODY AND/OR EXECUTIVE
BRANCH DEPARTMENT CONSISTENT WITH THE 2015- 2016 LAP.
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Public Comment – Items Not on the Agenda
Mayor Sahli-Wells invited public comment.
No cards were received and no speakers came forward.
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Items from the City Council
Council Member Clarke reported on the recent Urban Forest
Management Plan workshop, and he encouraged residents to
attend upcoming workshops.
Mayor Sahli-Wells announced a presentation of the Historical
Society on January 21 on the Making of Gone with the Wind in
the Multi-Purpose Room at Veterans Memorial building.
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Adjournment
There being no further business, at 9:30 p.m., the City
Council adjourned its meeting in memory of David Jenett,
Martha Sigall and Sylvia Jewel Johnson to Monday, January 26,
2015 at 7:00 p.m.
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January 12, 2015
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Martin R. Cole
CITY CLERK of Culver City, California
EX-OFFICIO CLERK of the City Council
Culver City, California
MEGHAN SAHLI-WELLS
MAYOR of Culver City, California