THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE February 27, 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
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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: Exposure to Litigation – (One Item)
Pursuant of Government Code Section 54956.9(b)
CS-2 Conference with Real Property Negotiators
Re: Most Easterly Corner of Culver City Park (Site of Cable
Television Antenna)
City Negotiators: John M. Nachbar, City Manager; Martin R.
Cole, Assistant City Manager
Other Parties’ Negotiators: Time-Warner Cable
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-3 Conference with Legal Counsel – Existing Litigation
Re: Austin, Janis v. City of Culver City, Case No. SC111708
Pursuant to Government Code Section 54956.9(a)
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February 27, 2012
Recess
The City Council recessed to Closed Session at 6:30 p.m.
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Reconvene
The City Council reconvened its meeting at 7:15 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 Paul Ehrlich.
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Closed Session Report
Mayor O’Leary indicated there was nothing to report from
Closed Session.
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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:
Charles Deen presented a bat, a ball, and photo of Gary
Carter wearing a Culver City High School baseball cap,
noting that the former professional baseball player had
recently passed away. 3
February 27, 2012
Public Comment
(continued)
Susan Deen reported that Gary Carter had been born in
Culver City and she read a quote from former Baseball
Commissioner Angelo Bartlett Giamatti.
Mayor O’Leary discussed baseball and indicated that he
would be present for the opening day of the Culver City
Little League.
Dave Baker described his experiences with City Code
Enforcement staff with regard to his converted garage and
he requested a variance.
Discussion ensued between the City Council, staff and Mr.
Baker regarding the Culver City Municipal Code; the
variance request; clarification that there is no method in
the code for a permanent waiver; clarification that the
current situation can remain but when title is transferred
the garage will have to become compliant; the covenant;
deferred compliance; clarification that transfer of title
is the trigger point; public policy; protecting intra-
family transfers; fairness; and the possibility of further
consideration.
David Voncannon announced a City Council Candidates Forum
on March 1, 2012 at the King Fahad Mosque Event Center.
Fred Yglesias announced that The Museum of Flying was now
open at the Santa Monica Airport.
Paula Keating, Fox Hills Neighborhood Association, thanked
the City for their past support; reported a fundraising
campaign for new equipment for the Fox Hills Park; the
availability of scholarships to high school students in the
spring; and she announced the annual community meeting for
residents at the end of the summer.
Neil Rubenstein thanked Daniel Hernandez, Director of
Parks, Recreation and Community Services for his quick
action to rectify the alleged lack of maintenance of the
Gold Star Mothers Rose Garden at the Senior Center. 4
February 27, 2012
Public Comment
(continued)
Paul Ehrlich discussed fair benefits; payment of benefits;
family benefits; proposals; layoffs; the lack of City
reserves; and he suggested an internal and external study.
Meghan Sahli-Wells thanked Councilmember Weissman for
publicly stating that he would like to end lifetime
benefits for Councilmembers, noting that the motivation to
serve as a Councilmember was for public service rather than
to receive benefits.
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Receipt of Correspondence
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE CORRESPONDENCE.
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Consent Calendar
John Nachbar, City Manager, reported a revision to
Successor Agency Item C-2 regarding the Recognized
Obligations Payment Schedule.
Councilmember Cooper spoke regarding Consent Calendar Item
C-5 [Award of a Contract for a Turn-key Construction
Project to ACCO Engineered Systems for the Replacement of
the Existing Air Conditioning and Heating Equipment for the
West Wing of the Veterans Memorial Building] noting that
the Veterans Auditorium was the oldest building in the City
and these types of actions were similar to putting on
expensive band-aids; he discussed the importance of
existing infrastructure; the shelf life of buildings; and
the possibility of a new building with a state of the art
entertainment facility in the future.
Mayor O’Leary received clarification regarding the schedule
of reopening the Auditorium and he expressed hope that if
the opening is delayed that those scheduled to use the
facility be contacted as soon as possible. 5
February 27, 2012
Consent Calendar
(continued)
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1 THROUGH C-5, AND C-7.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE REGULAR
MEETING OF JANUARY 23, 2012 AS SUBMITTED.
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Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FROM
FEBRUARY 4, 2012 – FEBRUARY 17, 2012.
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Item C-3
Adoption of a Resolution Authorizing the City Manager or
Designee to Perform Any Actions Necessary for the Purpose
of Obtaining Financial Assistance Provided by the
California Emergency Management Agency under the
Proposition 1B Transit Security Grant Program.
THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R023
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PERFORM ANY
ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING FINANCIAL
ASSISTANCE PROVIDED BY THE CALIFORNIA EMERGENCY MANAGEMENT
AGENCY UNDER THE PROPOSITION 1B TRANSIT SECURITY GRANT
PROGRAM.
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February 27, 2012
Item C-4
Approval of an Amendment to the Existing Professional
Services Agreement with Bellur Devaraj to Provide General
City Engineering Support for the Engineering Division.
THAT THE CITY COUNCIL:
1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH BELLUR DEVARAJ TO PROVIDE PART-TIME
GENERAL CIVIL ENGINEERING SUPPORT FOR A NOT-TO-EXCEED
AMOUNT OF $54,000, 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-5
Award of a Contract for a Turn-key Construction Project to
ACCO Engineered Systems for the Replacement of the Existing
Air Conditioning and Heating Equipment for the West Wing of
the Veterans Memorial Building.
THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO ACCO ENGINEERED SYSTEMS FOR THE
REPLACEMENT OF THE EXISTING AIR CONDITIONING AND HEATING
EQUIPMENT FOR THE WEST WING OF THE VETERANS MEMORIAL BUILDING
IN AN AMOUNT OF $122,780.53; AND;
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXPEND
AN ADDITIONAL $15,000 FOR UNFORESEEN CONTINGENCIES OR
ADDITIONAL PROJECT ENHANCEMENTS.
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. 7
February 27, 2012
Item C-7
(1) Acceptance of Work Performed by Sialic Contractors
Corporation dba Shawnan, (2) Authorization to File a Notice of
Completion, (3) Authorization for the Release of Retention
Funds after the Expiration of the 35-Day Lien Period for the
Construction of the Sepulveda Boulevard Widening Project, P-
881, and (4) Approval of the Final Plans and Specifications
and Authorization to Advertise for Bids for the Sepulveda
Boulevard Widening Project (Phase II), Street Lighting
Upgrade, P881.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, SIALIC
CONTRACTORS CORPORATION DBA SHAWNAN, FOR THE SEPULVEDA
BOULEVARD WIDENING PROJECT, P-881; AND,
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS
ANGELES COUNTY RECORDER’S OFFICE FOR RECORDATION; AND,
3. AUTHORIZE THE RELEASE OF RETENTION FUNDS TO SIALIC
CONTRACTORS CORPORATION DBA SHAWNAN FOLLOWING THE
EXPIRATION OF THE 35-DAY LIEN PERIOD; AND,
4. APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISING FOR BIDS FOR THE SEPULVEDA BOULEVARD WIDENING
PROJECT (PHASE II), STREET LIGHTING UPGRADE, P-881.
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February 27, 2012
The following Consent Calendar Items were discussed and voted
on separately:
Item C-6
Approval of a Request from the Los Angeles Philharmonic
Association to Receive Free Parking at the Ince Parking
Structure and at Four Metered Spaces on Canfield Avenue in
Support of the Hollywood Bowl Park and Ride Program.
Staff read written commentS submitted by:
Kevin Lachoff
Discussion ensued between the City Council and staff
regarding consistency; consideration of another fee waiver
request; making use of unused parking spaces; clarification
that there is no loss of revenue to the City; having a
holistic discussion on the nature of fee waivers; concern
with a potential loss of revenue; the length of the
program; reputation of the City; concern with the ad hoc
nature of the fee waiver consideration; the request for
free bus parking; using the Watseka parking structure
versus the Ince parking structure; location of bus parking;
the previous practice of parking along Venice Boulevard;
concern with waiving fees for people to attend an event
outside of the City; and a suggestion that the Philharmonic
pay the going rate for the utilization of parking in the
structure and park the buses along Venice Boulevard.
Councilmember Cooper moved that parking be left as is and
that the meters not be hooded.
Further discussion ensued regarding finding a compromise
and clarification that the meters would not be hooded but
rather signage would be posted. 9
February 27, 2012
Item C-6
(continued)
Following discussion, the following motion was voted on:
MOVED BY COUNCILMEMBER COOPER AND SECONDED BY COUNCILMEMBER
WEISSMAN, THAT PARKING STRUCTURE FEES FOR THE PARK & RIDE
PROGRAM NOT BE WAIVED AND THAT BUSES BE PERMITTED TO PARK
FOR FREE IN METERED PARKING SPACES DURING PICK UP AND DROP
OFF TIMES.
AYES: Councilmembers Cooper, Weissman, O’Leary
NOES: Councilmember Armenta
ABSENT: None
ABSTAIN: None
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Item C-8
Adoption of a Resolution Establishing Two Preferential Parking
Districts (West Triangle Residential Parking District and
Globe-Sawtelle Residential Parking District) and Rescinding
Resolution No. 2011-R015.
Mayor O’Leary invited public input.
The following members of the audience addressed the City
Council:
Robert M. Pine expressed support for the West Triangle
Residential Parking District and he thanked the City for their
help.
Cary Anderson noted that the Police Department would have to
absorb enforcement for the area; and he discussed reactive
enforcement versus proactive enforcement
Todd Jerry expressed support for the new permit parking
program.
Marsha Berkowitz expressed opposition to the proposal noting
that now she would have to pay to park in front of her house. 10
February 27, 2012
Item C-8
(continued)
Mayor O’Leary indicated that Ms. Berkowitz would have to
convince 25% of her street to prevent the implementation.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2012-R024 ESTABLISHING TWO PREFERENTIAL PARKING
DISTRICTS (WEST TRIANGLE RESIDENTIAL PARKING DISTRICT AND
GLOBE-SAWTELLE PARKING DISTRICT) AND RESCINDING RESOLUTION NO.
2011-R015.
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Order of the Agenda
No changes were made.
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Action Items
Item A-1
Approval of a Memorandum of Understanding with Boulevard Music
to Produce a Minimum of Four Concerts during the 2012 Summer
Months for the Culver City Boulevard Music Festival in the
Courtyard of City Hall.
Staff provided a summary of the material of record.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Gary Mandell, Boulevard Music, indicated that he was available
to answer any questions.
Hope Jacobson expressed opposition to a zoning code amendment
regarding accessory structures and received clarification that
the matter would not be coming forward for several months. 11
February 27, 2012
Item A-1
(continued)
Meghan Sahli-Wells reported over $1,000 in community pledges;
she discussed community support for the concert series and
cultural programming in the City; and she was looking forward
to a public discussion to address arts funding on a holistic
level.
Discussion ensued between the City Council, staff and Mr.
Mandell regarding support for the series; audio for the series;
the Sony donation; responsibility for the cost of putting up
and removing the chairs; storage of chairs; use and management
of the courtyard and City Hall facilities; manifestation of
shared responsibilities; the steam cleaning schedule and costs;
staff time allocated to the concerts; volunteer efforts;
supervision; charge back options; clarification that the burden
is on Mr. Mandell to keep things clean; financials for the
event; the process for sponsorships and contributions; the
process for parceling the money out to Mr. Mandell; additional
staff costs if additional concerts are put on; instituting a
cap on staff time expenses; the number of volunteers needed per
event; and the name for the concert series.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. DESIGNATE THE 2012 CULVER CITY BOULEVARD MUSIC FESTIVAL AS A
CITY SPONSORED EVENT, CONTINGENT UPON BOULEVARD MUSIC AGREEING
TO IDENTIFY THE CITY IN THEIR PROMOTIONAL ACTIVITIES AND
DOCUMENTS AS A SPONSOR OF THE EVENT AND APPROVE A MOU RELATED
THERETO; 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 27, 2012
Public Comment for Items Not On the Agenda (Continued)
Mayor O’Leary invited public participation.
There was no response.
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Adjourn in Memory
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS
ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF GARY CARTER,
CULVER CITY NATIVE AND MEMBER OF THE BASEBALL HALL OF FAME.
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February 27, 2012
Items from the City Council
Items Presented by Councilmember Weissman:
• Reported that on July 22, 1974 the City Council agreed
that Councilmembers would receive the same benefits as
Management employees; discussed Councilmember salaries
and recent negotiations with employee groups regarding
pension and benefit liabilities; and he felt that the
City Council should have a discussion regarding the
nature of Councilmember benefits
Discussion ensued between the City Council and staff
regarding the timing of the consideration of this
item; Councilmember salaries; benefits for sitting
Councilmembers; the importance of leading by example;
current fiscal challenges; the reduction of
Councilmember benefits during the last negotiating
season; a feeling that the item should be considered
after the election; whether the issue is an election
tactic; impact on newly elected Councilmembers;
relevance of the issue; whether removing the benefits
would reduce the pool of candidates; and City Council
consensus to bring the item forward for discussion on
March 12, 2012.
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Items from Councilmember Armenta
• Discussed the success of the Animal Control program
and received City Council consensus to recognize the
program.
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February 27, 2012
Adjournment
There being no further business, at 8:56 p.m., the City
Council adjourned its meeting in memory of Gary Carter,
Culver City native and member of the Baseball Hall of Fame,
to a meeting to be held on March 12, 2012.
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Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
ADOPTED
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California