Legislation Details

File #: HIST-21091    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 12/10/2012 Final action: 12/10/2012
Title: Approval of Minutes for the Regular Meeting of April 23, 2012, Special Meeting of May 7, 2012, Regular Meeting of May 14, 2012, Special Meeting of May 21, 2012, Special Meeting of June 23, 2012, Regular Meeting of June 25, 2012, Regular Meeting of July 9, 2012, Regular Meeting of September 10, 2012, Regular Meeting of September 24, 2012, Special Meeting of October 1, 2012, Regular Meeting of October 8, 2012, Regular Meeting of October 22, 2012, and Regular Meeting of November 12, 2012.
Attachments: 1. Approval of Minutes for the Regular Meeting of Apr - CCCC 042312 - FINAL FOR 12-10-12 mtg.pdf, 2. Approval of Minutes for the Regular Meeting of Apr - CCCC 050712 - FINAL FOR 12-10-12 mtg.pdf, 3. Approval of Minutes for the Regular Meeting of Apr - CCCC 051412 - FINAL FOR 12-10-12 mtg.pdf, 4. Approval of Minutes for the Regular Meeting of Apr - CCCC 052112 FINAL FOR 12-10-12 mtg.pdf, 5. Approval of Minutes for the Regular Meeting of Apr - CCCC 062312 - FINAL FOR 12-10-12 mtg.pdf, 6. Approval of Minutes for the Regular Meeting of Apr - CCCC 062512 - FINAL.pdf, 7. Approval of Minutes for the Regular Meeting of Apr - CCCC 070912 - FINAL FOR 12-10-12 mtg.pdf, 8. Approval of Minutes for the Regular Meeting of Apr - CCCC 091012 - FINAL FOR 12-10-12 mtg.pdf, 9. Approval of Minutes for the Regular Meeting of Apr - CCCC 092412 - FINAL FOR 12-10-12 mtg.pdf, 10. Approval of Minutes for the Regular Meeting of Apr - CCCC 100112 - FINAL FOR 12-10-12 mtg.pdf, 11. Approval of Minutes for the Regular Meeting of Apr - CCCC 100812 - FINAL FOR 12-10-12 mtg.pdf, 12. Approval of Minutes for the Regular Meeting of Apr - CCCC 102212 - FINAL FOR 12-10-12 mtg.pdf, 13. Approval of Minutes for the Regular Meeting of Apr - CCCC 111212 - FINAL FOR 12-10-12 mtg.pdf
1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE April 23, 2012 CITY COUNCIL 7:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 7:10 p.m. Present: Micheál O‘Leary, Mayor Christopher Armenta, Councilmember Jeffrey Cooper, Councilmember Andrew Weissman, Councilmember o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by Tyson Brazil. o0o Presentations Item P-1 Presentations from Public Officials and Others to Departing Councilmember Christopher Armenta Martin Cole, Assistant City Manager/City Clerk, read a certificate of commendation to Councilmember Armenta from U.S. Senator Dianne Feinstein. John Nachbar, City Manager, presented a plaque to outgoing Councilmember Armenta. Councilmember Armenta thanked everyone; congratulated new and returning Councilmembers; acknowledged the efforts of Scott Malsin and Stephen Murray; discussed his years as an elected official in the City and his decision not to run April 23, 2012 2 for Councilmember again; and he thanked the City Manager, City staff, the community, activists and his family. Councilmembers thanked outgoing Councilmember Armenta for his service to the City. o0o Community Announcements By City Council Members/Information Items From Staff MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF PAUL PITTI AND CHET MALANOVSKY. 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: Matthew Hetz, Culver City Symphony Orchestra, discussed financial difficulties resulting from increased rental fees for Veterans Auditorium; requested that the City closely review how rent increases affect arts in the City; announced their next concert on May 12 at Veterans Auditorium; reported attending the open house for the refurbished auditorium; and noted their intent to ensure that classical and symphonic music is performed in the City. Jim Lamb, Ballona Creek Renaissance, discussed the Culver City Green Space Plan; encouraging enjoyment of the open space in the City; funded improvements; and he invited everyone to attend public workshops on April 28 and May 9 at the Veterans Memorial Complex. Martin Cole, Assistant City Manager/City Clerk, read a written card from Berryman expressing thanks to the City for the new McLaughlin traffic light. April 23, 2012 3 Mayor O’Leary reported attending Earth Day at the Star Eco Station and accepting a plaque to the City in thanks for recycling efforts. o0o Order of the Agenda No changes were made. o0o Action Items Item A-1 Adoption of a Resolution of the City Council of the City of Culver City, California, Reciting the Fact of the General Municipal Election Held on April 10, 2012 and Stating the Results of Such Election in Accordance with the City Charter Mayor O’Leary invited public comment. The following members of the audience addressed the City Council: Karlo Silbiger congratulated elected Councilmembers and expressed gratitude to Councilmember Armenta for his service to the City. Gary Silbiger thanked Councilmember Armenta for his service and congratulated elected Councilmembers. Martin Cole, Assistant City Manager/City Clerk, presented a summary of the material of record. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT A RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, APRIL 10, 2012 AND STATING THE RESULTS OF SUCH ELECTION. Councilmember Armenta exited the dais at this time. o0o Joint Action Items April 23, 2012 4 Item JA-1 CITY COUNCIL/HOUSING AUTHORITY/PARKING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY JOINT AGENDA ITEM: (1) Administration of the Oath of Office to the Councilmembers- Elect; (2) Election of Mayor and Vice Mayor; and (3) Confirmation by the Housing Authority/Parking Authority/ Successor Agency/Financing Authority that the Mayor and Vice Mayor of the City Shall Serve as Chair and Vice Chair of these Bodies, Respectively Martin Cole, Assistant City Manager/City Clerk, read a written comment from Steve Souter; explained procedures; and administered the oath of office to reelected and newly elected Councilmembers. Mayor O’Leary read the policy indicating that the most senior person is meant to serve as Vice Mayor but noted that Councilmember Cooper would likely be chosen if Councilmember Malsin were still on the Council. Councilmember Cooper nominated Councilmember Weissman to serve as Mayor of Culver City. Councilmember Clarke seconded the motion. Councilmember Sahli-Wells indicated that she was prepared to nominate Councilmember Cooper but that she would respect his nomination of Councilmember Weissman. MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ELECT COUNCILMEMBER WEISSMAN AS MAYOR OF THE CITY OF CULVER CITY. Mayor Weissman discussed the City policy and opened nominations. Councilmember Sahli-Wells nominated Councilmember Cooper to serve as Vice Mayor of Culver City. Councilmember Clarke seconded the motion. Hearing no further nominations, Mayor Weissman announced the closure of nominations. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL ELECT COUNCILMEMBER COOPER AS VICE MAYOR OF THE CITY OF CULVER CITY. April 23, 2012 5 Councilmember Sahli-Wells thanked voters for electing her; vowed to be diligent in her duties; encouraged public participation; she congratulated reelected and newly elected Councilmembers; she expressed regret at the low voter turnout; wanted to work toward more diversity in the City; discussed areas to improve in the City; the L.A. League of Conservation Voters; and she thanked her campaign managers, her husband and children, volunteers and others. Councilmember Clarke thanked those who supported him in his efforts to become a Councilmember; saluted outgoing Councilmembers; thanked fellow Councilmembers; and felt the City Council would work well together to tackle tough issues. Councilmember O’Leary thanked his family and his campaign team; congratulated the new Councilmembers; and was looking forward to working with the City Council. Mayor Weissman thanked his wife, children, voters, and those who supported him and he discussed the work of the City Council and challenges ahead but felt confident that they would work well together on behalf of the City. Vice Mayor Cooper welcomed his four colleagues and quoted Shimon Peres on a recent visit he made to Culver City. Councilmembers received their pins. Nabil Abu-Ghazaleh, West LA College, congratulated the Councilmembers; thanked the City Council, John Nachbar, Charles Herbertson and Art Ida for their support; he discussed accomplishments during his time at the College; and he invited everyone to attend the Open House on May 19. Vice Mayor Cooper thanked Mr. Abu-Ghazaleh for his efforts to work with the City. Jim Shanman congratulated the Councilmembers and as a member of the Bicycle Coalition was looking forward to working with the City. Dr. Suzanne DeBenneditis congratulated Councilmembers; thanked them for their service; thanked former Councilmember Armenta for restoring civility to the City Council; discussed collaboration and community involvement; provided suggestions on important ways to help the City; proposed establishing April 23, 2012 6 various committees to lessen demands on Councilmembers’ time; she invited the City Manager to evaluate the costs and benefits of an engaged electorate serving on committees; she called on residents to work together; and she presented the City Council with roses from her garden. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE MAYOR AND VICE MAYOR SERVE AS THE CHAIR AND VICE CHAIR OF THE HOUSING AUTHORITY, PARKING AUTHORITY, SUCCESSOR AGENCY, AND FINANCING AUTHORITY, RESPECTIVELY. o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. There was no response. o0o Items from the City Council Items from Councilmember O’Leary • Congratulated Jeff Muir and the Finance Department on their budget and presentation o0o Adjournment There being no further business, at 8:40 p.m., the City Council adjourned its meeting in memory of Paul Pitti and Chet Malanovsky, to a meeting on Monday, May 7, 2012 at 7:00 p.m. o0o April 23, 2012 7 Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City,California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL SPECIAL MEETING OF THE May 7, 2012 CITY COUNCIL 5:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:00 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 5:01 PM the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (1 item) Pursuant to Government Code Section 54956.9(b)(1) CS-2 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – 1 Matter Pursuant to Government Code Section 54956.9(c) CS-3 Conference with Legal Counsel – Existing Litigation Re: Brian Fitzpatrick v. City of Culver City et al. Case No. CV 11-6616-JFW (CWx) Pursuant to Government Code Section 54956.9(a) CS-4 Conference with Real Property Negotiators Re: 6000 Sepulveda Boulevard (Westfield Culver City) Agency Negotiators: John Nachbar, City Manager; Sol Blumenfeld, Community Development Director; Todd Tipton, Economic Development Administrator; Murray Kane, City Special Counsel May 7, 2012 2 Other Parties Negotiators: Westfield Corporation 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-5 Conference with Real Property Negotiators Re: 5722 Bankfield Avenue and 5649 Selmarine Drive City Negotiators: City Manager John Nachbar; Director of Public Works/City Engineer Charles Herbertson Other Parties’ Negotiators: XXXXX Under Negotiation: Both Terms and Price Pursuant to Government Code Section 54956.8 o0o Reconvene The City Council reconvened its meeting at 7:03 p.m. with all Councilmembers present. o0o Closed Session Report Mayor Weissman indicated 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 Frank Campagna. o0o Presentations Item P-1 Presentation to the City Council from the Culver City Great Parks Association Regarding Baseball Hall of Fame Member Gary Edmund Carter May 7, 2012 3 Charles Deen provided a presentation on Gary Edmund Carter noting that he was born in Culver City and played on the Mets. o0o Community Announcements By City Council Members/Information Items From Staff Mayor Weissman requested that the meeting be adjourned in memory of Zach Solomon. Councilmember Clarke requested that the meeting be adjourned in memory of Dr. Susan Kinder Haake. Councilmember O’Leary asked that the meeting be adjourned in memory of Paul Dawson, Francisco Sanes, Joseph Butler, Michael Benasa, Robert Pitt, Clifford Valke II, and William Timothy Dicks, Culver City natives killed in the line of duty in the Vietnam and the Iraq wars. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF ZACH SOLOMON, DR. SUSAN KINDER-HAAKE, PAUL DAWSON, FRANCISCO SANES, JOSEPH BUTLER, MICHAEL BENASA, ROBERT PITT, CLIFFORD VALKE II, AND WILLIAM TIMOTHY DICKS. Mayor Weissman announced the Cruising Back to the 50s Culver City Car Show on May 12 on Culver and Washington Boulevards; performances by 2012 performing arts grant recipients including Heidi Duckler Dance Theatre at Washing Day Coin Laundry on May 10, he Definiens Project on May 12 at the Julian Dixon Library, and the Culver City Symphony Orchestra at Veterans Auditorium on May 12; SpeakEasy in Council Chambers on May 18; and he indicated that the Cultural Affairs Foundation had an ongoing program to raise funds to support cultural programming in the City. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: May 7, 2012 4 John Cohn, Culver City Exchange Club, discussed the Culver City Car Show and restricted parking on surrounding streets; thanked the City for their support; and invited Councilmembers to attend. Councilmembers indicated that they had not received their official invitations. Paul Ehrlich discussed the budget; past practices and use of reserve funds; offsetting expenditures; the City budget committee; citizen input; the budget process; contingency planning; financial goals and priorities; concern with maintenance costs; parking meters; ads on City buses; concern with follow-up; and he wanted to see major changes in the budget process. Mayor Weissman indicated that meters would be placed on Washington and Sepulveda in the next few weeks. Cary Anderson expressed concern with parking for the Culver City Car Show; procedures for this year vs. past practices; notification; double speak; and the lack of enforcement. Discussion ensued between staff and the City Council regarding the parking plan; what was done last year; enforcement; and parking restrictions. John Cohn, Culver City Exchange Club, indicated that they direct everyone to the parking structures; he discussed public announcements and Exchange Club volunteers; and clarification that there is no street parking. Discussion ensued between staff, the City Council and Mr. Cohen regarding positioning of the volunteers; the ability to communicate issues; enforcement of the agreement; participation of City staff; compliance; adequate notice; and continued enforcement efforts. o0o Receipt of Correspondence MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. May 7, 2012 5 o0o Consent Calendar Item C-1 Meeting Minutes MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY VICE MAYOR COOPER THAT THE CITY COUNCIL: APPROVE MINUTES FOR THE REGULAR MEETING OF MARCH 12, 2012, THE REGULAR MEETING OF MARCH 26, 2012, AND THE REGULAR MEETING OF APRIL 2, 2012. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: COOPER, O’LEARY, WEISSMAN NOES: NONE ABSENT: NONE ABSTAIN: CLARKE, SAHLI-WELLS o0o Item C-2 Cash Disbursements Councilmember O’Leary requested that he receive electronic copies of the report form now on and other Councilmembers agreed to receive reports electronically as well. Councilmember Sahli-Wells indicated that she would abstain from voting on the item as she had unanswered questions. MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY VICE MAYOR COOPER THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FROM MARCH 17, 2012 – APRIL 27, 2012. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: COOPER, O’LEARY, WEISSMAN NOES: NONE ABSENT: NONE ABSTAIN: CLARKE, SAHLI-WELLS o0o MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS, AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-3, C-4, C-5 AND C-8. May 7, 2012 6 Item C-3 (1) Authorization to File an Application for Funds Made Available Through the US Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds FY 2012 Councilmember O’Leary requested clarification regarding the formula used for the JAG fund. THAT THE CITY COUNCIL: 1. AUTHORIZE THE FILING OF AN APPLICATION WITH THE US DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS FY 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. o0o Item C-4 (1) Acceptance of Work Performed by American Seating Company (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after the Expiration of the 35-Day Lien Period, for the Installation of Fixed Seats in the Veterans Memorial Building Auditorium (P-876) Councilmember O’Leary commended American Seating Company for their work on the Veterans Memorial building. THAT THE CITY COUNCIL: 1) ACCEPT THE WORK PERFORMED BY AMERICAN SEATING COMPANY FOR THE INSTALLATION OF FIXED SEATS IN THE VETERANS MEMORIAL BUILDING AUDITORIUM; AND, 2) AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION ON BEHALF OF THE CITY AND May 7, 2012 7 SUBMIT IT TO THE LOS ANGELES COUNTY RECORDER’S OFFICE FOR RECORDATION; AND 3) AUTHORIZE THE RELEASE OF $6,666.54 IN RETENTION FUNDS TO AMERICAN SEATING FOLLOWING THE EXPIRATION OF THE THIRTY- FIVE DAY LIEN PERIOD. Item C-5 (1) Acceptance of Work Performed by Eagle Pump Services, (2) Authorization to File a Notice of Completion for the Culver City Park Booster Pump Replacement Project (P-922) THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY EAGLE PUMP SERVICES FOR THE CULVER CITY BOOSTER PUMP REPLACEMENT PROJECT, P-922; AND 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION ON BEHALF OF THE CITY AND SUBMIT IT TO THE LOS ANGELES COUNTY RECORDER’S OFFICE. o0o Item C-8 (Out of Sequence) Approval of Professional Services Agreement with NBS Government Finance Group dba NBS for (1) Preparation of the Annual Sewer User Service Charges and (2) Update to the Sewer User Service Charges THAT THE CITY COUNCIL: 1.) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP DBA NBS FOR THE PREPARATION OF THE ANNUAL SEWER USER SERVICE CHARGES FOR AN AMOUNT NOT TO EXCEED $15,500, INCLUDING EXPENSES WITH UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS SUBJECT TO THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER; AND, 2.) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP DBA NBS FOR THE RATE ANALYSIS OF THE SEWER USER SERVICE CHARGES, IN AN AMOUNT NOT-TO-EXCEED $26,700; AND May 7, 2012 8 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 Item C-6 Award of a Construction Contract to All American Asphalt as the Lowest Responsive and Responsible Bidder for the Sherbourne Drive, South of Washington Boulevard Street Resurfacing Project, P-955, CDBG Project No. 601392-11 Councilmember Sahli-Wells received clarification regarding change orders. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1) AWARD A CONTRACT TO ALL AMERICAN ASPHALT AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE SHERBOURNE DRIVE STREET RESURFACING PROJECT, P-955, IN THE AMOUNT OF $87,500.00; AND, 2) AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $13,000, 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 Item C-7 Approval of Final Plans and Specifications and Authorization to Publish a Notice Inviting Bids for the Jefferson Boulevard Pedestrian and Bicycle Access Improvements Project at Hetzler Road, P-956 Mayor Weissman invited public input. May 7, 2012 9 The following member of the audience addressed the City Council: Stephen Murray provided a presentation regarding safe access to the park; crossing safety; a raised landscape median; improvements to the design; the 20% contingency; and costs. Charles Herbertson, Public Works Director, acknowledged the work done by Mr. Murray; discussed research and similar concerns; jurisdiction of the City of Los Angeles; discussions regarding potential changes; extending the bike lane to Higuera; building a ramp at the bridge; and terminating the bike lane at Holdridge. Discussion ensued between staff and the City Council regarding the plan by Alta Planning; Metro access at Jefferson; whether Los Angeles plans to extend the bike lane past Higuera; gap closure; the positive working relationship with the LA DOT staff; willingness of Los Angeles to change the design; a suggestion to engage in dialogue with Herb Wesson; funding for ramps for the Higuera bridge; the parking lot; and possible meters on Jefferson Boulevard. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: APPROVE THE FINAL PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR CONSTRUCTION OF THE JEFFERSON BOULEVARD PEDESTRIAN AND BICYCLE ACCESS IMPROVEMENTS AT HETZLER ROAD, P-956. o0o Order of the Agenda No changes were made. o0o Joint Action Items Item JA-1 JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/PARKING May 7, 2012 10 AUTHORITY AGENDA ITEM: Presentation of the City Manager’s/ Executive Director’s Proposed Budget for Fiscal Year 2012/2013 Jeff Muir, Chief Financial Officer, introduced the presentation for the proposed budget for Fiscal Year 2012-2013; discussed the upcoming schedule of meetings; and provided a summary of the material of record. John Nachbar, City Manager, discussed previous efforts to reduce the budget; expenditure reductions; the structural deficit; personnel reductions; renegotiation of employee contracts; concern that further cuts would affect services; dramatic impacts to service levels; the need to increase revenue; a tax increase; utilizing a public opinion research firm; and he requested City Council input. Mayor Weissman discussed previous consideration of the matter; acknowledgement of underestimating the structural deficit; resident input; previous cuts; concern with effects to the quality of life in the City; and negotiations with bargaining groups. Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Marla Koosed reported submitting a letter to the City Council, and she recommended delaying the reassignments until the Cultural Affairs Commission could meet as a body, and in their respective subcommittees and ad hoc subcommittees to make recommendations to the City Council. Paul Ehrlich felt that preventative maintenance was radically understated; that the deficit is much higher than shown; and that a budget committee was desperately needed. Discussion ensued between staff and the City Council regarding appreciation for public input and the importance of community input; support for agendizing establishment of a budget committee; the process; eliminated positions; maintaining levels of service; accessibility of Councilmembers; levels of service in Los Angeles; truly addressing the deficit; GASB45; structural deficits; the initiative of the City to fund before being mandated to; the dissolution of the Redevelopment Agency; the remaining City reserve; concern that many California cities will go bankrupt; potential tax increases; level of services May 7, 2012 11 expected by residents; new sources of revenue; including a sunset clause with any sales tax increase; public/private partnerships; private philanthropy and civic involvement; support for a City Council budget subcommittee; reinstating the Town Hall concept; creating a timetable for moving forward; and location of the budget information on the City website. o0o Action Items Item A-1 Introduction of an Ordinance Amending Chapter 15.01, Benefit Assessment District, of the Culver City Municipal Code by Amending Sections 15.01.025 Through 15.01.105 and Adding a New Section 15.01.110 Relating to Benefit Assessment Districts Mayor Weissman invited public input. There was no response. A discussion ensued between staff and the City Council regarding corrections and typos; clarification regarding notification and posting of notices; a suggestion to post notice on the City website; legal requirements; policy requirements; the annual inflation factor; and a request regarding personal pronouns. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL INTRODUCE AN ORDINANCE AMENDING CHAPTER 15.01, BENEFIT ASSESSMENT DISTRICT, OF THE CULVER CITY MUNICIPAL CODE BY AMENDING SECTIONS 15.01.025 THROUGH 15.01.105 AND ADDING A NEW SECTION 15.01.110 RELATING TO BENEFIT ASSESSMENT DISTRICTS. Martin Cole, Assistant City Manager/City Clerk, noted that the ordinance would be introduced as presented. o0o Item A-2 (1) Adoption of Resolutions and/or Motions Appointing City Council Members to various Outside Agency Boards, City Council Subcommittees and Other Related Bodies; and (2) Creation/ Dissolution of Certain Subcommittees May 7, 2012 12 A discussion ensued between staff and the City Council regarding legal requirements and alternates. At this time, the following motions were made: Item 1 Adopt Resolution No. 2012-R034 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R034 APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE CITY SELECTION COMMITTEE OF THE LOS ANGELES DIVISION OF THE LEAGUE OF CALIFORNIA CITIES AND TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND RESCINDING RESOLUTION NO. 2011-R034. [Mayor Weissman was appointed Member and Councilmember O’Leary was appointed as Alternate Member.] o0o Item 2 Adopt Resolution No. 2012-R033 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R033 APPOINTING A DELEGATE AND ALTERNATE DELEGATE TO THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES AND RESCINDING RESOLUTION NO. 2011-R033. [Councilmember O’Leary was appointed as Delegate and Councilmember Clarke was appointed as Alternate Delegate.] o0o Item 3 Adopt Resolution No. 2012-R028 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R028 APPOINTING A MEMBER AND AN ALTERNATE May 7, 2012 13 MEMBER TO THE CITY SELECTION COMMITTEE OF LOS ANGELES – WESTERN REGION AND RESCINDING RESOLUTION NO. 2011-R028. [Councilmember O’Leary was appointed as Member and Councilmember Clarke was appointed as Alternate Member.] o0o Item 4 City Legislative Subcommittee - League of California Cities/LA Division MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER O’LEARY AND COUNCILMEMBER CLARKE TO THE CITY LEGISLATIVE COMMITTEE – LEAGUE OF CALIFORNIA CITIES/LA DIVISION. o0o Item 5 Adopt Resolution No. 2012-R030 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R030 APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND RESCINDING RESOLUTION NO. 2011-R030. [Vice Mayor Cooper was appointed as Member; Serena Wright, Human Resources Director was appointed as Alternate Member; and Rachelle Adkins was appointed as Substitute Alternate to the Independent Cities Risk Management Authority’s Governing Board.] o0o Item 6 Adopt Resolution No. 2012-R031 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R031 APPOINTING ALTERNATE DIRECTORS TO LOS ANGELES COUNTY SANITATION DISTRICT NO. 5, AND RESCINDING May 7, 2012 14 RESOLUTION NO. 2011-R031. [Mayor Weissman was appointed as Ex Officio Director and Councilmember Sahli-Wells was appointed as Alternate Director.] o0o Item 7 Adopt Resolution No. 2012-R032 A discussion ensued between staff and Councilmembers regarding alternate representatives; clarification that if two Councilmembers attend the meeting only one may vote; whether two alternates may be appointed; providing an opportunity for additional Councilmembers to participate; and caution regarding Brown Act issues if three or more members attend. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2012-R032 APPOINTING AN OFFICIAL REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG), AND RESCINDING RESOLUTION NO. 2011-R032. [Mayor Weissman was appointed as Official Representative and Councilmember Sahli-Wells was appointed as Alternate Representative.] o0o Item 8 Westside Cities Council of Governments MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT VICE MAYOR COOPER AS REPRESENTATIVE TO THE GOVERNING BOARD; AND COUNCILMEMBER O’LEARY AS THE ALTERNATE TO THE WESTSIDE CITIES COUNCIL OF GOVERNMENTS. o0o Item 9 Interagency Communications Interoperability System (ICIS) May 7, 2012 15 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER CLARKE AS LIAISON TO ICIS. o0o Item 10 Exposition Metro Line Construction Authority/Agency Metro Subcommittee Councilmember O’Leary encouraged the alternate to attend all meetings. Mayor Weissman noted that staff recommended not appointing to the Agency Metro Subcommittee due to the dissolution of the Redevelopment Agency. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER O’LEARY AS DELEGATE AND COUNCILMEMBER SAHLI- WELLS AS ALTERNATE DELEGATE TO THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY BOARD OF DIRECTORS. o0o Item 11 Southern California Cities Joint Powers Consortium A discussion ensued between staff and the City Council regarding the recommendation to dissolve the consortium. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER O’LEARY AS DIRECTOR AND COUNCILMEMBER CLARKE AS ALTERNATE DIRECTOR TO THE SOUTHERN CALIFORNIA CITIES JOINT POWERS CONSORTIUM UNTIL DISSOLUTION OCCURS WITH DIRECTION TO STAFF TO CONTACT THE OTHER MEMBERS OF THE CONSORTIUM TO INSTITUTE THE DISSOLUTION. o0o Item 12 Los Angeles International Airport (LAX) Area Advisory May 7, 2012 16 Subcommittee The City Council took no action to appoint Councilmembers to the subcommittee in order to allow appointed citizens to act as City representatives. o0o 1-B. Appointments to City Council Subcommittees Requiring Adoption of a Motion A discussion ensued regarding frequency of meetings; the purpose served; the budget subcommittee; establishing an ad hoc subcommittee; and the function of the audit subcommittee. Items 13-15 (13) Joint Finance and Judiciary Subcommittee; (14) Treasurer’s Investment Subcommittee; and (15) Audit, Financial Planning, Budget and Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT THE MOTION APPOINTING VICE MAYOR COOPER AND COUNCILMEMBER O’LEARY AS MEMBERS OF THE JUDICIARY AND FINANCE SUBCOMMITTEE AND MEMBERS OF THE AUDIT, FINANCIAL PLANNING, AND BUDGET SUBCOMMITTEE; THE CITY TREASURER’S INVESTMENT SUBCOMMITTEE AND THE NEWLY CREATED AD HOC BUDGET SUBCOMMITTEE. o0o Item 16 Joint Council/Agency Economic Development Subcommittee Mayor Weissman observed that the committee would no longer be joint as a result of the elimination of the Redevelopment Agency and he noted that economic development would continue. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER WEISSMAN AND COUNCILMEMBER CLARKE TO THE ECONOMIC DEVELOPMENT SUBCOMMITTEE. o0o Item 17 May 7, 2012 17 Joint Culver City Unified School District/City Council Liaison Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARYAND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER SAHLI-WELLS AND VICE MAYOR COOPER TO THE CULVER CITY UNIFIED SCHOOL DISTRICT/CITY COUNCIL LIAISON SUBCOMMITTEE. o0o Item 18 Animal Control Subcommittee Mayor Weissman reported that the recommendation was to dissolve the committee as it was no longer necessary. Councilmember Sahli-Wells objected to the dissolution and asked to serve. A discussion ensued between staff and Councilmembers regarding the purpose of the subcommittee; fulfillment of the purpose; the budget process; the status of the program; and agreement to dissolve the subcommittee if the Animal Services program is a programmed budget item and no longer a pilot program. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE ANIMAL CONTROL SUBCOMMITTEE IF IT IS DETERMINED THAT THE ANIMAL SERVICES PROGRAM IS A PROGRAMMED BUDGET ITEM AND NO LONGER A PILOT PROGRAM. [Note from the City Clerk - Through adoption of the City Council Adopted Budget for Fiscal Year 2012/2013, the City Council determined that the Animal Services Program is a programmed budget item and is no longer a pilot program. Therefore, this subcommittee is dissolved.] o0o Item 19 Los Angeles Airport Expansion Traffic Impact Subcommittee Mayor Weissman reported that the staff recommendation was to May 7, 2012 18 dissolve the subcommittee and hearing no objection the Los Angeles Airport Expansion Traffic Impact Subcommittee was dissolved. o0o Item 20 Sustainability Subcommittee Councilmember Sahli-Wells suggested that there be asustainability committee open to the community. Discussion ensued regarding creating an ad hoc subcommittee and the workplan. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER SAHLI-WELLS AND VICE MAYOR COOPER TO THE SUSTAINABILITY SUBCOMMITTEE. o0o Item 21 Regional Development and Traffic Mitigation Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER O’LEARY AND COUNCILMEMBER WEISSMAN TO THE REGIONAL DEVELOPMENT AND TRAFFIC MITIGATION SUBCOMMITTEE. o0o Item 22 Regional Oil Operations Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT MAYOR WEISSMAN AND COUNCILMEMBER SAHLI-WELLS TO THE REGIONAL OIL OPERATIONS SUBCOMMITTEE. o0o Item 23 May 7, 2012 19 Youth Advisory Subcommittee Discussion between staff and Councilmembers ensued regarding purpose of the subcommittee; frequency of meetings; and the recommendation to dissolve the subcommittee and reconstitute the committee if needed in order to clearly comply with the Brown Act. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE YOUTH ADVISORY SUBCOMMITTEE AND RECONSTITUTE IT IF NEEDED IN THE FUTURE. o0o Item 24 Affordable Housing Subcommittee A discussion ensued between Councilmembers regarding whether the subcommittee should be dissolved due to actions by Sacramento; City Council support of affordable housing; available funding; and Regional Housing Needs Assessment requirements. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE AFFORDABLE HOUSING SUBCOMMITTEE AND RECONSTITUTE IT IF NEEDED IN THE FUTURE. o0o 1-B2. APPOINTMENTS TO REDEVELOPMENT AGENCY BOARD ONLY SUBCOMMITTEES REQUIRING ADOPTION OF A MOTION Item 25 Mayor Weissman observed that the Items 25-28 were all Redevelopment Agency ad hoc subcommittees. Discussion ensued between staff and the City Council regarding Washington/National; the TOD site; the platform site and the former Spartan Roofing Supply site; the letter of commitment; and, hearing no objection, it was agreed that the City Council handle the items. Ad Hoc Washington/National Subcommittee May 7, 2012 20 MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY, AND UNANIMOUSLY CARRIED THAT THE FULL CITY COUNCIL HANDLE WASHINGTON/NATIONAL SUBCOMMITTEE ISSUES. o0o Item 26 Ad Hoc Hayden Tract Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE FULL CITY COUNCIL HANDLE AD HOC HAYDEN TRACT SUBCOMMITTEE ISSUES. o0o Item 27 Ad Hoc Sepulveda Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL HANDLE AD HOC SEPULVEDA SUBCOMMITTEE ISSUES. o0o Item 28 Ad Hoc West Washington Boulevard Subcommittee MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE FULL CITY COUNCIL HANDLE AD HOC WEST WASHINGTON BOULEVARD SUBCOMMITTEE ISSUES. o0o Councilmember O’Leary discussed the Culver City Unified School District City Council Liaison subcommittee noting urgent items coming before the City Council and the school, and he encouraged moving forward with a meeting as soon as possible regarding the MOU. Discussion ensued between staff and Councilmembers regarding changes at the school district; the joint use agreement; staff work to complete the process; subcommittee input; and the timetable for action. May 7, 2012 21 Councilmember Clarke suggested creating a Legislation and Grants subcommittee to express the views of the City to elected officials and to be proactive in pursuing grants. Discussion ensued between staff and the City Council regarding an ad hoc subcommittee vs. a standing subcommittee; regular meetings between a City Councilmember or two and staff; updates to the City Council; a suggestion to create an ad hoc committee that can work to justify whether a standing committee is warranted; financial implications; public input; keeping the process open; resident volunteers with grant writing experience; clarifying the purpose of the committee; the process; length of time for the ad hoc committee to accomplish the task; clarification that any subcommittee ideas go before the City Council and are fully vetted with public participation; and agreement to establish an ad hoc committee with Councilmembers Clarke and Sahli-Wells to evaluate legislation for 120 days. o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. There was no response. o0o Items from the City Council Items from Vice Mayor Cooper • Expressed support for Town Hall meetings • Received City Council consensus that Public Works investigate putting in a pedestrian crossing on Sawtelle between Braddock and Sepulveda • Received City Council consensus to consider naming the Senior Center in honor of Albert and Ursula Vera noting that the requirement for the honorees to be deceased for 12 months had been met • Requested City Council consensus to consider tightening up the language in the Charter regarding term limits May 7, 2012 22 A discussion ensued between staff and City Councilmembers regarding regularly scheduled Charter review; costs to conduct a review; reviewing specific parts of the Charter; origin of the term limits; a citizen initiated action vs. a City Council initiated action; a suggestion to affect a policy to address the issue with Charter review to come at the scheduled time; clarification that changes can only be made to Charter provisions by a vote of the public; and City Council consensus to discuss the item. Items from Councilmember Clarke • Thanked Dan Hernandez for his work on the Laker Viewing Party at the Senior Center on May 4 Items from Councilmember Sahli-Wells • Thanked the Fox Hills Neighborhood Association for the mugs given to the City Council and she encouraged using them rather than disposable cups • Discussed the Kids Bike Safety Festival on May 6 at El Marino organized by Jim Shanman; thanked John Rivera for his work on safety exercises; reported participation by the Culver City Police Department; discussed the safety pledge; bicycle safety; and the Expo Safety Team Items from Mayor Weissman • Received consensus to discuss development of a strategy for the City to recoup costs such as property taxes or costs related to providing emergency services, for certain enterprises in the City such as non-profits and schools Martin Cole, Assistant City Manager/City Clerk, reviewed the proposed City Council meeting schedule for May and June. o0o Adjournment There being no further business, at 10:07 p.m., the City Council adjourned its meeting in memory Zach Solomon, Dr. Susan Kinder-Haake, Paul Dawson, Francisco Sanes, Joseph Butler, Michael Benasa, Robert Pitt, Clifford Valke II, and William May 7, 2012 23 Timothy Dicks, to a meeting on Monday, May 14, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE May 14, 2012 CITY COUNCIL 5:30 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:30 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 5:31 PM, the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Existing Litigation Re: Lisa Lujan v. City of Culver City et al. Case No. BC465942 Pursuant to Government Code Section 54956.9(a) CS-2 Conference with Real Property Negotiators Re: 9300 and 9400 Culver Blvd. and 9099 Washington Blvd. City Negotiators: John Nachbar, City Manager; Sol Blumenfeld, Community Development Director and Murray Kane, City Special Counsel Other Parties Negotiators: The Culver Hotel/Century Wilshire Inc. Under Negotiation: Both Price and Terms, including use restrictions, development obligations and other monetary related considerations Pursuant to Government Code Section 54956.8 CS-3 Conference with Real Property Negotiators Re: 9290 Culver Boulevard and 9099 Washington Boulevard May 14, 2012 2 City Negotiators: John M. Nachbar, City Manager, Sol Blumenfeld, Community Development Director, Todd Tipton, Economic Development Administrator and Murray Kane, City Special Counsel Other Parties Negotiators: Trader Joe’s Under Negotiation: Both Price and Terms, including use restrictions, development obligations and other monetary related considerations Pursuant to Government Code Section 54956.8 CS-4 Conference with Real Property Negotiators Re: 9300 Culver Boulevard. City Negotiators: John Nachbar, City Manager; Sol Blumenfeld, Community Development Director; Todd Tipton, Economic Development Administrator; Murray Kane, City Special Counsel Other Parties Negotiators: Combined Properties Inc./Hudson Pacific Properties Inc. Under Negotiation: Both Price and Terms, including use restrictions, development obligations and other monetary related considerations Pursuant to Government Code Section 54956.8 CS-5 Conference with Labor Negotiators City designated representatives: City Attorney Carol Schwab and Human Resources Director Serena Wright Employee Organization: City Manager Pursuant to Government Code Section 54957.6 o0o o0o Reconvene The City Council reconvened its meeting at 7:04 p.m. with all Councilmembers present. o0o Closed Session Report Mayor Weissman indicated nothing to report from closed session except that item CS-1 was pulled prior to going into closed session. May 14, 2012 3 o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by John Cohn. o0o Presentations Shelly Wolfberg, Assistant to the City Manager, reported that item P-1 would be deferred until a representative could be present; that item P-2 would be pulled as the individual could not be present and recognition would be given via the Transportation Department, and that item P-4 would be rescheduled for later in the summer. o0o Item P-1 Presentation to the City Council from the Los Angeles County Assessor's Office The item was deferred until a representative could be present. o0o Item P-2 Presentation of a Commendation to Transit Operator Manuel Flores, 2011 Earl Barr Culver City Bus Operator of the Year This item was pulled. o0o Item P-3 Presentation of a Proclamation Designating May as Older Americans Month Councilmember Clarke presented the proclamation. May 14, 2012 4 Kay Heineman, Culver City Senior Center Association, thanked the City for the recognition and invited everyone to come to the Senior Center. o0o Item P-4 Presentation to the City Council from Southern California Edison Related to the City's Participation in the Energy Leadership Program This item was to be rescheduled later in the summer. o0o Community Announcements By City Council Members/Information Items From Staff Councilmember Sahli-Wells thanked the Fox Hills Neighborhood Association for the gift of mugs so that the City Council could be waste-free, and she reported attending the Educational Foundation fundraiser and thanked them for their efforts. Councilmember Clarke reported on the many activities over the weekend including the Education Foundation event; the Fire Fighter breakfast; the Car Show; the Culver City Symphony Orchestra performance at Veterans Auditorium; he discussed increased fees; and he encouraged support of the Culver City Symphony Orchestra. Councilmember O’Leary commented on Councilmember Clarke’s Caribbean dancing at the Sheroes event, and reported a request of certificates of recognition for Culver City Girl Scouts. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: May 14, 2012 5 Seth Horowitz, Culver Hotel, reported that the hotel was graded a 4-star hotel by Expedia and was rated #1 by Trip Advisor. John Cohn, The Exchange Club, thanked the Culver Hotel for their help with the Car Show; reported distributing Car Show posters to Councilmembers; and discussed the success of the event. Cary Anderson reported having a car in the Car Show; discussed the Car Show violation of the Special Event permit due to their lack of public notification in the local paper; noticing regarding parking; past violations; and the failure of the City to follow up despite his notifications. A discussion ensued between Councilmembers regarding support for the event; challenges of parking downtown; the lack of signage and notification; concern regarding adherence to agreements; new permit parking in the downtown area; the conditions of approval; the review meeting; the Committee on Permits and Licenses; achievable conditions; creating a checklist and schedule of things to be done for the Car Show; and concern that the same issues occur each year. Ken Spiker pointed out that the franchise towing company for the Police Department had not gone out to a public bid in over 20 years; the City is behind the curve in the franchise fee and in release fees; he discussed practices of surrounding cities; and he requested the matter be investigated. A discussion ensued between staff and the City Council regarding the process for the towing contract; Police Department jurisdiction over the matter; whether there is a towing franchise in the City; a request for additional information; a request that all areas where the City can gain revenue be examined in all departments; and clarification that the City does in fact charge a release fee. Terry Avila and Ruth Hollensteiner, La Playa Cooperative Nursery School, provided background on the school and welcomed the new City Councilmembers with a gift from the children. May 14, 2012 6 Councilmember Sahli-Wells expressed appreciation for the school. Florina Rodov, Innovotory School for Professional Youth (I SPY), discussed the Charter school; reported petitioning the School District; requested community support and the support of the City; reported that students would be looking for professional community mentors and internships; pointed out that a free school did not exist that addresses the needs of child professionals; and reported a public hearing at the School Board on May 22. Jessica Jacobs presented a video providing information on the school. A discussion ensued between staff and the City Council regarding previous consensus that staff develop a strategy for addressing schools or non-profits that seek to expand or come into the City; The Help Group; The Willows School; whether a moratorium should be instituted; and when a policy might come forward. Shelly Wolfberg, Assistant to the City Manager, read comments submitted by: Jeremy Owen on behalf of Sofie o0o Receipt of Correspondence MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Consent Calendar MOVED BY COUNCILMEMBER O‘LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT ITEMS C-1 THROUGH C-13. Item C-1 (1) Acceptance of Grant Funds in the Amount of $182,182 from the Los Angeles County Department of Community and May 14, 2012 7 Senior Services – Area Agency on Aging (AAA) to Fund the Culver City Senior Nutrition Program in Fiscal Year 2012/2013; and (2) Approval of a Grant Agreement with the Los Angeles County Department of Community and Senior Services for a Four Year Cycle Commencing July 1, 2012 and Ending June 30, 2016 THAT THE CITY COUNCIL: 1) ACCEPT GRANT FUNDS IN THE AMOUNT OF $182,182 AWARDED BY THE LOS ANGELES COUNTY DEPARTMENT OF COMMUNITY AND SENIOR SERVICES – AREA AGENCY ON AGING (AAA) TO FUND THE CULVER CITY SENIOR NUTRITION PROGRAM IN FISCAL YEAR 2012/2013; AND, 2) APPROVE A SENIOR NUTRITION PROGRAM GRANT AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY DEPARTMENT OF COMMUNITY AND SENIOR SERVICES FOR A FOUR YEAR CYCLE COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2016; 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 Item C-2 Adoption of an Ordinance Amending Chapter 15.01, Benefit Assessment District, of the Culver City Municipal Code by Amending Sections 15.01.025 Through 15.01.105 and Adding a New Section 15.01.110 Relating to Benefit Assessment Districts Councilmember O’Leary provided corrections to typographical errors; received clarification regarding language in the document; and questioned the location where the ordinance would be posted. THAT THE CITY COUNCIL: ADOPT AN ORDINANCE AMENDING CHAPTER 15.01, BENEFIT ASSESSMENT DISTRICT, OF THE CULVER CITY MUNICIPAL CODE BY AMENDING SECTIONS 15.01.025 THROUGH 15.01.105 AND ADDING A NEW SECTION 15.01.110 RELATING TO BENEFIT ASSESSMENT DISTRICTS. May 14, 2012 8 o0o Item C-3 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Higuera Street Landscaping and Lighting Maintenance District and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2012/2013 Councilmember Sahli-Wells received clarification that the assessment district was perpetual in order to maintain landscaping; clarification regarding resident fees; clarification that more detailed information would be available in the engineer’s report when the item returns, clarification that the same applied to items C-5, C-6, C-7 and C-12; and clarification regarding costs of preparing the engineer’s reports. THAT THE CITY COUNCIL: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE HIGUERA STREET LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-4 Award of a Construction Contract to Pavement Coatings Co. as the Lowest Responsive and Responsible Bidder for the 2012 Residential Slurry Seal Program, P-863 Councilmember Clarke received clarification regarding procedures to encourage contractors to bring projects in under budget and early. THAT THE CITY COUNCIL: 1. AWARD A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO., AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $359,550 FOR THE CONSTRUCTION OF 2012 RESIDENTIAL SLURRY SEAL PROGRAM, P-863; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE CHANGE ORDERS TO PAVEMENT COATINGS CO.’S May 14, 2012 9 CONSTRUCTION CONTRACT FOR A NOT-TO-EXCEED AMOUNT OF $71,450; 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 Item C-5 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Albright Avenue Streetlight Assessment District and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2012/2013 Councilmember Clarke received clarification regarding the language for the fiscal analysis of item C-5 vs. items C-6 and C-7. THAT THE CITY COUNCIL ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE ALBRIGHT AVENUE STREETLIGHT ASSESSMENT DISTRICT AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-6 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Landscape Maintenance District Number 1 and Ordering the Preparation of the Engineers Report Thereon for Fiscal Year 2012/2013 THAT THE CITY COUNCIL: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NUMBER 1 AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-7 May 14, 2012 10 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Sewer User’s Service Charge and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2012/2013 Councilmember Clarke received clarification regarding a statement regarding cost effectiveness from 1980 and revenue anticipation notes. THAT THE CITY COUNCIL: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE SEWER USER’S SERVICE CHARGE AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-8 Award of a Construction Contract to California Professional Engineering, as the Lowest Responsive and Responsible Bidder, for the Construction of the Sepulveda Boulevard Widening Project (Phase II), Street Lighting Upgrade, P-881 Councilmember Sahli-Wells received clarification that the newer lights were more energy efficient. THAT THE CITY COUNCIL: 1. AWARD A CONSTRUCTION CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $232,600 FOR THE SEPULVEDA BOULEVARD WIDENING PROJECT (PHASE II), STREET LIGHTING UPGRADE, P881; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE CHANGE ORDERS TO CALIFORNIA PROFESSIONAL ENGINEERING’S CONSTRUCTION CONTRACT FOR A NOT-TO- EXCEED AMOUNT OF $46,400; 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 May 14, 2012 11 Item C-9 (1) Acceptance of Work Performed by Damon Inc., (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after the Expiration of the 35-day Lien Period, for the Veterans Memorial Building Renovations Project, P-876 THAT THE CITY COUNCIL: 1) ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, DAMON INC., FOR THE WORK PERFORMED FOR THE VETERANS MEMORIAL BUILDING RENOVATIONS PROJECT, P-876, 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 $21,205.88 IN RETENTION FUNDS TO DAMON INC., FOLLOWING THE EXPIRATION OF THE THIRTY-FIVE DAY LIEN PERIOD. o0o Item C-10 Adoption of a Resolution Authorizing Staff to Submit Applications through June 30, 2013 for Grant Funding Associated with the Purchase of Alternative Fuel Vehicles and Other Emission Control Technologies Vice Mayor Cooper received clarification that Culver City had been recognized as a leader in alternative fuels. Paul Condran, Equipment Maintenance Manager, reported that the Culver City Equipment Maintenance and Fleet Services Division had been named fifth in the country and he provided an overview of the program. Councilmembers commended the department for their work and discussed the new buses. THAT THE CITY COUNCIL: ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS AND ACCEPTANCE OF SUCH APPROVED FUNDING MADE AVAILABLE BY THE AQMD AND THE May 14, 2012 12 MSRC THROUGH JUNE 30, 2013 FOR THE PURCHASE OF ALTERNATIVE FUEL VEHICLES AND OTHER EMISSION CONTROL TECHNOLOGIES. o0o Item C-11 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the West Washington Benefit Assessment District Number One and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2012/2013 THAT THE CITY COUNCIL: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE WEST WASHINGTON BENEFIT ASSESSMENT DISTRICT NUMBER ONE AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-12 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the West Washington Benefit Assessment District Number Two and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2012/2013 THAT THE CITY COUNCIL: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE WEST WASHINGTON BENEFIT ASSESSMENT DISTRICT NUMBER TWO AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT THEREON FOR FISCAL YEAR 2012/2013. o0o Item C-13 Approval of a Professional Services Agreement with The Goodyear Tire & Rubber Company for Transit Bus Tire Leasing for Five Years THAT THE CITY COUNCIL: May 14, 2012 13 1. APPROVE A NEW FIVE (5) YEAR PROFESSIONAL SERVICES AGREEMENT WITH THE GOODYEAR TIRE & RUBBER COMPANY FOR LEASED TIRE SERVICES; AND, 2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND, 3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUCH DOCUMENTS ON BEHALF OF THE CITY. o0o Order of the Agenda No changes were made. o0o Public Hearings Item PH-1 Adoption of a Resolution to Vacate a Portion of Ocean Drive From the East Side of Overland Avenue Extending Approximately 110 feet East to its Easterly Terminus Charles Herbertson, Public Works Director, provided a summary of the material of record. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public comment. There was no response. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Discussion ensued between staff and the City Council regarding whether there are any plans to change the property; use of the property; maintaining the City easement; clarification that the Redevelopment Agency built the lot back in the 1970s; use of the lot by other than tenants of 5000 Overland; a request to confirm that the parking lot meets current codes before May 14, 2012 14 vacating; anticipated costs to the City; and updating Google maps. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A RESOLUTION VACATING A PORTION OF OCEAN DRIVE FROM THE EAST SIDE OF OVERLAND AVENUE EXTENDING APPROXIMATELY 110 FEET EAST TO ITS EASTERLY TERMINUS. o0o Item PH-2 Adoption of a Resolution 1) Establishing and Amending Various Fees and Charges for Services Provided by the City and 2) Rescinding Prior Fee Resolution No. 2011-R027 and Portions of Resolution Nos. 2000-R074, 2003-R023 and 2009-R052 MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE AFFIDAVITS OF PUBLICATION AND POSTING OF NOTICE AND CORRESPONDENCE RECEIVED IN RESPONSE TO THE PUBLIC HEARING NOTICES. Nick Kimball, Senior Management Analyst, provided a summary of the material of record. Discussion ensued between staff and Councilmembers regarding cost recovery amounts by department; proposed revenue; and estimated subsidies. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public comment. The following members of the public addressed the City Council: Goren Eriksson, Chamber of Commerce, addressed increased fees; the business tax certificate and other business fees; gross revenue business taxes; and how the total cost of doing business in Culver City compares to Los Angeles. Alan Levy, La Ballona Valley Bromeliad Society, expressed concern with fee increases to use the facility; drawing May 14, 2012 15 visitors to the City; free entertainment for local residents; and he noted that the money raised stayed within Culver City. Donald Mizumi, La Ballona Valley Bromeliad Society, noted that they are a non-profit and consider themselves Culver City-based; he discussed attendance for their free annual show and sale; expressed concern with increased fees; discussed the transition fee; he noted that they would be losing money with increased fees; he observed that the City was conscious of the environment; discussed civic events to enrich residents; and he requested City Council consideration of the fee hikes which could force them to find a different venue. Matthew Hetz, Culver City Symphony Orchestra, noted that orchestras did not make money but did enrich the community; discussed family events and classical music; expressed concern with increased fees; and discussed upcoming concerts. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Discussion ensued between staff and the City Council regarding the subsidy for PRCS programming; the five-year phase in; when the new fee schedule kicks in; clarification that Veterans Auditorium is not included in the subsidy; business fees; facility use fees; reasons for increased fees; vehicle impound fees; development related fees; fire inspection revenue; business inspections; advantages for small businesses; preferential parking districts; developer commitments and mitigations; a suggestion to create a price structure for residents and a price structure for businesses; charging market rates at Veterans Auditorium; clarification regarding subsidies; fees for adult softball groups vs. AYSO fees; cost recovery; the 2007 fee study; clarification that there is not an official police department sanctioned towing company; competitiveness of fees; revenue generating sources; fees for Veterans Park; the oil wells and permits; the moratorium; the new oil drilling ordinance; revisions to the oil permit fee structure; free calculations; environmental impacts; evaluating all potential avenues for revenue; additional training of Fire Department personnel to be able to respond; indirect costs; how fees and cost recovery goals relate to other cities; community input into setting cost recovery goals; policy decisions May 14, 2012 16 established by the City Council; concern with remaining a full service City; issues of equity; supporting and protecting non- profit organizations providing a public benefit; City Council direction; the phased in Veterans Auditorium fee increases; examining City sponsorship; grandfathering groups with regular events at the auditorium; grant funding; regular users and annual users; addressing lack of documentation; determining whether groups are designated as Culver City groups; clarification regarding ministerial projects; water monitoring; visitor permits; incentives for zero or low waste events; a request to postpone fees to allow time for additional public input as well as more time for consideration; individual requests for blue curbs painted in front of residences; criteria to receive a placard; acute vs. chronic conditions; annual review; the 2012-2013 budget; fee implementation; fair and equitable treatment of long term users; concern with driving non-profits out of the City; balancing costs; approving the fee structure as part of the budget; the date of effectiveness; and a request to consider fees as an action item. Vice Mayor Cooper proposed returning with a discussion of a policy for long-term users of the facilities. Further discussion between Councilmembers and staff ensued regarding voluntary cat license fees; establishing benefits related to licensing and a penalty for not licensing; the amount of subsidy for the animal control program; the fee for storing, selling and displaying explosives; the open flame burning fee; smoke inhalation; compliance; neighbor to neighbor disputes; and rounding numbers to even dollar amounts. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A RESOLUTION 1) ESTABLISHING AND AMENDING VARIOUS FEES AND CHARGES FOR SERVICES PROVIDED BY THE CITY; AND 2) RESCINDING PRIOR FEE RESOLUTION NO. 2011-R027 AND PORTIONS OF RESOLUTION NOS. 2000-R074, 2003-R023 AND 2009-R052 WITH A REQUEST THAT STAFF REPORT BACK AT ITS EARLIEST OPPORTUNITY FOR A DISCUSSION OF A POLICY REGARDING FEES FOR LONG-TERM FACILITIES USERS. o0o Councilmember O’Leary discussed Culver City residents killed in action in the Vietnam and Iraq wars. May 14, 2012 17 MOVED BY COUNCILMEMER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF WILLIAM KRAWLICK, JACK GORTON, MICHAEL MINCO, TED MILLS, JIMMY PHILLIPS, LAWRENCE COVER, GORDON BYRON BLACKWOOD, WILLIAM BAYLES CAUTHORNE, WILLIAM TIMOTHY DIX, ERIC SCOTT MOUNSEY, AND GEORGE PEYTON. o0o Action Items Item A-1 Approval of an Amendment to Exhibit “B” of the Employment Agreement of the City Manager Clarifying and Implementing the Residency Incentive Mayor Weissman reported that an updated agenda item had been prepared. Councilmember O’Leary corrected a typographical error on the agenda report. Mayor Weissman invited public input. The following member of the audience addressed the City Council: Cary Anderson questioned whether the updated agenda item had been posted online; discussed the base salary of the City Manager; the residential incentive; and he was pleased that the City Manager would not have to commute and would gain a vested interest in the City. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE THE AMENDMENT TO EXHIBIT “B” OF THE EMPLOYMENT AGREEMENT CLARIFYING AND IMPLEMENTING THE RESIDENCY INCENTIVE; AND, 2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND, 3. AUTHORIZE THE MAYOR TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY. May 14, 2012 18 o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. The following member of the audience addressed the City Council: Egon Monostory discussed the staff report for item PH-1 regarding the parking lot on Ocean Drive; the fact that the Planning Commission did not allow the conversion of that portion of Ocean Drive to a parking lot; confusing language; concern with a cover up of a bootleg private parking lot on City property; lost revenue to the City; and he suggested that the City keep the property and charge for the parking. Mayor Weissman clarified that the City did not own the property but rather the City had an easement that was vacated, no title was given up, and he reported that the parking lot was originally built by the Redevelopment Agency in the 1970s. o0o Items from the City Council Items from Councilmember Sahli-Wells • Discussed the letter read earlier in the meeting regarding a woman who had been attacked noting that the Police Chief indicated that he would get back to her with additional information and she questioned what City resources were available for victims of sexual assault A discussion ensued between Councilmembers and staff regarding additional information to come back to the City Council; whether the crime occurred within the City; the article in the Culver City Crossroads; and jurisdiction of the Culver City Police Department. Items from Councilmember Clarke • Reported visiting bike friendly Long Beach with Councilmember Sahli-Wells to observe their forward thinking bike plan; discussed their funding; their incorporation of the bike plan into the downtown bike community as an integral part of maximizing revenue and May 14, 2012 19 patronage; and he encouraged downtown businesses to visit Long Beach to observe what they are doing Egon Monostory discussed elderly personal injury victims injured by uneven Culver City sidewalks; intimidation; a Culver City settlement; the general release; and he requested that the City make changes to the agreement so his wife could sign it o0o Adjournment There being no further business, at 10:16 p.m., the City Council adjourned its meeting in memory of William Krawlick, Jack Gorton, Michael Minco, Ted Mills, Jimmy Phillips, Lawrence Cover, Gordon Byron Blackwood, William Bayles Cauthorne, William Timothy Dix, Eric Scott Mounsey, and George Peyton to a meeting on Monday, May 21, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City,California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL SPECIAL MEETING OF THE May 21, 2012 CITY COUNCIL 5:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The special meeting of the City Council was called to order at 5:00 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 5:01 PM the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – (1 item) Pursuant to Government Code Section 54956.9(c) Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. No one came forward. o0o May 21, 2012 2 Adjournment There being no further business, at 6:10 p.m., the City Council adjourned its meeting to a meeting on Monday, June 4, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL SPECIAL MEETING OF THE June 23, 2012 CITY COUNCIL 10:00 a.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The special meeting of the City Council was called to order at 10:10 a.m. at the multi-purpose room of El Rincon Elementary School Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember (Mr. O’Leary joined the meeting at 10:15 a.m.) Meghan Sahli-Wells, Councilmember o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was performed. o0o Community Announcements By City Council Members/Information Items From Staff None. o0o Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. No one came forward. June 23, 2012 2 o0o Action Items Item A-1 Second of Five Planned Community Dialogues on the City’s Finances Mayor Weissman requested City Manager Nachbar begin the presentation. City Manager Nachbar mentioned the purpose of this morning’s Special Meeting was to provide members of the public to receive a presentation from Chief Financial Officer Jeff Muir regarding the current state of the City’s finances and to provide the second (of five) planned opportunities for the City Council to receive input from the community. Chief Financial Officer Muir began his PowerPoint presentation where he addressed: Mr. Muir began his PowerPoint presentation and noted that a summary of the presentation is available on the City’s website and hard copies were available for the audience. Mr. Muir’s presentation focused on the revenues and expenditures in the General Fund. He touched on the major decreases in the revenues in the General Fund. Also, certain areas of expenditures have increased – especially fuel costs, medical costs, and pension costs. The City has taken significant steps to reduce expenditures. There was an overall decrease in staffing of 12%. $1 million in other costs were reduced. Approximately $6 million in costs were reduced in the General Fund. These reductions included collaboration with bargaining units to implement cost reductions and implementation of the cafeteria plan with an inflation cap. A second tier of benefits was initiated for new employees. He continued by mentioning the support of Proposition 22 – which was meant to protect local funds from being raided by the State and thereby maintain service levels to the public. He commented on the former Culver City Redevelopment Agency and the elimination thereof by the State and the significant impacts this has had on the City. June 23, 2012 3 Mr. Muir further clarified the City had a total number of positions eliminated of 78 over the past 4 years. The elimination of the Culver City Redevelopment Agency wiped out the progress the City had made. $7 million in reserves have been used to date, with an additional $5 million proposed to be used in FY 2012/2013. He presented the projection of the City’s general fund over the next 5 years. Unless revenues were increased or expenditures decreased, or some combination of both, the City’s emergency reserves will be gone by 2017. The general fund’s infrastructure investment is $500, 000, where $2 - $3 million are needed to upkeep infrastructure. He provided a sample of what cuts of $7 million could look like. He presented suggestions from various departments including: Police, Fire, Parks, Recreation, and Community Services, Community Development, and Administration. Mr. Muir also discussed various options for raising revenues. He discussed various alternatives and then gave examples of the impacts of a sales tax. Upon conclusion of the presentation, Mayor Weissman invited those in the audience to share their thoughts with the City Council. Discussion involved the potential amount of any sales tax increase, the rapid response time of the City’s Fire Department, the need for additional efficiencies at City Hall and in all City Departments, the idea of a sunset for the proposed tax, need to revisit the City’s fee structure, the results of the community survey, the City’s emergency reserves, the need to restore the reserves, the actual size of the deficit when unfunded maintenance and repairs were included, any impacts on Culver City of the soon to arrive Metro Line, the plans for a unique development at the Washington/National site, promoting economic growth in the City, clarification that if a sales tax of $0.05 is approved by voters that this would maintain City services at the current level. Mayor Weissman thanked all of those who took time on a Saturday to attend this meeting. o0o Public Comment for Items NOT On the Agenda (Continued) June 23, 2012 4 Mayor Weissman invited public input. No one came forward. o0o Items from the City Council None of the Council Members offered any comments. o0o Adjournment There being no further business, at 12:13 p.m., the City Council adjourned its meeting to a meeting on Monday, June 25, 2012 at 7:00 p.m. to be held at the Veterans Memorial Building. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE June 25, 2012 CITY COUNCIL, CITY OF CULVER CITY 7:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 7:00 p.m. at the Veterans Memorial Building’s Rotunda Room. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was performed. o0o Presentations Item P-1 Selection of the Winners of the Raffle Held for the Opening of the Culver City Exposition Light Rail Station on June 20, 2012. Mayor Weissman announced this item would be postponed so that the presentation could be done in the City Council Chambers. o0o Community Announcements By City Council Members/Information Items From Staff No announcements were made at this time. June 25, 2012 2 o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Alex Chironis made a comment on the parking near his property located at Washington and McLaughlin. Goran Eriksson – Chair of the Chamber of Commerce noted that on July 1 a new law would take effect that requires businesses to recycle. Stella Davis – Baldwin Hills area resident. Urged Culver City to put a ban on fracking. Paul Ehrlich – Commented on the City’s budget. Asked what is the cost of the election and the hiring of a consultant. He also asked about the costs of studying the options to fracking. He estimated the costs at $500,000. o0o Receipt and Filing of Correspondence MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR JUNE 2, 2012 – JUNE 15, 2012. o0o June 25, 2012 3 Consent Calendar MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-4. Item C-1 Approval of a Memorandum of Understanding with the Downtown Business Association for Maintenance Services in Downtown Culver City for Fiscal Year 2012/2013. THAT THE CITY COUNCIL: 1) APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE DOWNTOWN BUSINESS ASSOCIATION FOR MAINTENANCE SERVICES IN DOWNTOWN CULVER CITY AT A COST NOT TO EXCEED $54,540 FOR FISCAL YEAR 2012/2013; 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-2 1) Adoption of a Resolution Granting a Fireworks Permit Jointly to the Culver City Exchange Club and Pyro Spectaculars to Conduct the Annual Fireworks Display Sponsored by the City of Culver City and the Culver City Exchange Club to be held on July 4, 2012; and 2) Approval of a License Agreement Authorizing the Culver City Exchange Club’s Use of the City’s GEM Car for the Fourth of July Event. THAT THE CITY COUNCIL: 1) ADOPT A RESOLUTION GRANTING A PERMIT JOINTLY TO THE CULVER CITY EXCHANGE CLUB AND PYRO SPECTACULARS TO CONDUCT THE ANNUAL FIREWORKS DISPLAY SPONSORED BY THE CITY OF CULVER CITY AND EXCHANGE CLUB TO BE HELD ON JULY 4, 2012; June 25, 2012 4 2) APPROVE A LICENSE AGREEMENT AUTHORIZING THE EXCHANGE CLUB’S USE OF THE CITY’S GEM CAR AT THE FOURTH OF JULY EVENT; 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. Item C-3 (1) Acceptance of Work Performed by Sequel Contractors, Inc.; (2) Authorization to File a Notice of Completion; (3) Approval of a Related Construction Contract Amendment; and (4) Authorization to Release the Retention Payment upon Expiration of the 35-Day Lien Period, for the Baldwin Avenue Streetlight Improvement and Rain Garden Project, P- 428 THAT THE CITY COUNCIL: 1) ACCEPT THE WORK PERFORMED BY SEQUEL CONTRACTORS, INC. FOR THE BALDWIN AVENUE STREET IMPROVEMENT AND RAIN GARDEN PROJECT, P-428; 2) APPROVE AN AMENDMENT TO THE CONTRACT WITH SEQUEL CONTRACTORS, INC., TO INCREASE THE CONSTRUCTION CONTRACT AN ADDITIONAL $ 16,307.28 FOR THE BALDWIN AVENUE STREET IMPROVEMENT AND RAIN GARDEN PROJECT, P-428; 3) AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES COUNTY RECORDER’S OFFICE; AND, 4) AUTHORIZE THE CITY MANAGER TO RELEASE $18,723.24 IN RETENTION TO SEQUEL CONTRACTORS, INC. AFTER THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o Item C-4 Approval of Final Plans and Specifications and Authorization to Publish a Notice Inviting Bids for the Linwood E. Howe Safe Routes to School Project, P-941. June 25, 2012 5 THAT THE CITY COUNCIL: 1) APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR THE LINWOOD E. HOWE SAFE ROUTES TO SCHOOL PROJECT, P-941; AND, 2) AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR CONSTRUCTION OF THE LINWOOD E. HOWE SAFE ROUTES TO SCHOOL PROJECT, P-941. o0o Order of the Agenda No changes were made. o0o Public Hearings Item PH-1 PUBLIC HEARING Adoption of a Resolution Confirming the Assessment and Ordering the Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2012/2013 Mayor Weissman summarized the item. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS AND POSTING OF PUBLIC NOTICE AND CORRESPONDENCE RECEIVED. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public input. No one came forward. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A June 25, 2012 6 RESOLUTION CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT DISTRICT - FISCAL YEAR 2012/2013. Item PH-2 PUBLIC HEARING - Adoption of a Resolution Confirming the Assessment and Ordering the Levy for the Higuera Street Landscape and Lighting Assessment District - Fiscal Year 2012/2013. Mayor Weissman summarized the item. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS AND POSTING OF PUBLIC NOTICE AND CORRESPONDENCE RECEIVED. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public input. No one came forward. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING THE ENGINEER’S REPORT AND AFFIRMING THE EXISTING ASSESSMENT LEVY FOR HIGUERA STREET LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT - FISCAL YEAR 2012-2013. Item PH-3 PUBLIC HEARING - Adoption of a Resolution Confirming the Assessment and Ordering the Levy for Landscaping Maintenance District No. 1 - Fiscal Year 2012/2013. Mayor Weissman summarized the item. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE June 25, 2012 7 AND FILE THE AFFIDAVITS AND POSTING OF PUBLIC NOTICE AND CORRESPONDENCE RECEIVED. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public input. No one came forward. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT THE RESOLUTION APPROVING THE ENGINEER’S REPORT AND ASSESSMENT LEVY FOR LANDSCAPE MAINTENANCE DISTRICT #1 FOR FISCAL YEAR 2012/2013. (Note from the City Clerk – Important additional information on this item PH-3 appears later in these minutes) Joint Action Items Item J-1 JOINT CITY COUNCIL/CULVER CITY HOUSING AUTHORITY/SUCCESSOR AGENCY TO THE CULVER CITY REDEVELOPMENT AGENCY AGENDA ITEM: (1) Adoption of a City Council Resolution Approving the Transfer of Housing Assets and Obligations From the City to the Culver City Housing Authority to Implement the Housing Projects and Programs Identified in the City-Culver City Housing Authority Cooperation Agreement; (2) Adoption of a Resolution by the Culver City Housing Authority Accepting the Transfer of Housing Assets and Obligations from the City; (3) Adoption of a Resolution of the Successor Agency to the Culver City Redevelopment Agency Effectuating the Transfer of Housing Assets and Obligations to the Culver City Housing Authority Pursuant to AB 1X 26; and (4) Adoption of a Culver City Housing Authority Resolution Accepting the Transfer of Housing Assets and Obligations from the Successor Agency to the Culver City Redevelopment June 25, 2012 8 Agency; and Housing Authority Approval of a Related Budget Amendment. Mayor Weissman summarized the item. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE FOLLOWING ACTIONS BE TAKEN: FOR THE CITY COUNCIL: ADOPT A RESOLUTION APPROVING THE TRANSFER OF THE HOUSING ASSETS AND OBLIGATIONS FROM THE CITY TO THE AUTHORITY TO IMPLEMENT THE HOUSING PROJECTS AND PROGRAMS IDENTIFIED IN THE CITY-CULVER CITY HOUSING AUTHORITY COOPERATION AGREEMENT. FOR THE HOUSING AUTHORITY BOARD: ADOPT A RESOLUTION ACCEPTING THE TRANSFER OF HOUSING ASSETS AND OBLIGATIONS FROM THE CITY; ADOPT A RESOLUTION ACCEPTING THE TRANSFER OF HOUSING ASSETS AND OBLIGATIONS FROM THE SUCCESSOR AGENCY; AND APPROVE A BUDGET AMENDMENT APPROPRIATING $150,000 FROM AVAILABLE FUND BALANCE TO ACCOUNT 4767100.619800 TO COVER EXISTING LEGAL AND FINANCIAL EXPENSES (A BUDGET AMENDMENT REQUIRES A FOUR-FIFTHS VOTE). FOR THE SUCCESSOR AGENCY: ADOPT A RESOLUTION EFFECTUATING THE TRANSFER OF HOUSING ASSETS AND OBLIGATIONS FROM THE SUCCESSOR AGENCY TO THE AUTHORITY PURSUANT TO AB 1X 26 At this time, Nancy Wileman addressed the City Council regarding Item PH-3. Ms. Wileman indicated she received notice of the Public Hearing that indicated the place of the public hearing was at the City Council Chambers. Assistant City Manager/City Clerk Martin Cole recommended the City Council consider a motion to re-open the Public Hearing for Item PH-3 and, in the case notice was incorrect, that staff would return to the City Council at a later date to correct any mistake. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL REOPEN THE PUBLIC HEARING FOR ITEM PH-3. Item PH-3 (Public Hearing Reopened) June 25, 2012 9 PUBLIC HEARING - Adoption of a Resolution Confirming the Assessment and Ordering the Levy for Landscaping Maintenance District No. 1 - Fiscal Year 2012/2013. Nancy Wileman addressed the City Council and requested the pine trees be removed. Discussion ensued between the City Council and staff regarding trees and their impacts on the fence; the cost to the district of the removal of the trees; and the fact that such removal of trees would be a charge to the assessment district in fiscal year 2013/2014. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT THE RESOLUTION APPROVING THE ENGINEER’S REPORT AND ASSESSMENT LEVY FOR LANDSCAPE MAINTENANCE DISTRICT #1 FOR FISCAL YEAR 2012/2013. Action Items Item A-1 Appointments and/or Reappointments to the Planning Commission, Parks, Recreation and Community Services Commission, Civil Service Commission, Cultural Affairs Commission, Disability Advisory Committee, Los Angeles Airport Advisory Committee; Committee on Homelessness; Advisory Committee on Redevelopment and the Landlord-Tenant Mediation Board. Mayor Weissman summarized the item. The following persons addressed the City Council regarding the appointments to the Planning Commission: David Voncannon Kevin Lachoff Cliff Moser Steven Murray After discussion, the City Council tentatively appointed Kevin June 25, 2012 10 Lachoff to the Planning Commission. After brief discussion, the City Council tentatively re- appointed Rick Hudson to the Parks, Recreation, and Community Services Commission. The following persons addressed the City Council regarding the appointments to the Civil Service Commission: Miguel Ramirez After brief discussion, the City Council tentatively re- appointed Richard Ochoa to the Civil Service Commission. The City Council then considered appointments to the Cultural Affairs Commission. The following persons addressed the City Council: Regina Klein John B. Williams David H. Young After discussion, the City Council tentatively appointed Regina Klein to the Cultural Affairs Commission. Marla Koosed, Vice Chair of the Cultural Affairs Commission, suggested that any unsuccessful candidates could perhaps work on the Cultural Affairs Foundation. The City Council then considered appointments to the Disability Advisory Committee. The following persons addressed the City Council: Alex Lee Jay Shery Barbara Effros Schwartz Rhonda Wolf addressed the City Council indicating that she would like to be considered for appointment to the Disability Advisory Committee. After discussion, the City Council tentatively appointed/reappointed Barbara Effros-Schwartz, Alexander Lee, Robert Montgomery, and Rhonda Wolf to the Disability Advisory Committee. The City Council then considered appointments to the Committee June 25, 2012 11 on Homelessness. After brief discussion the City Council tentatively appointed Ira Diamond and Deborah Wallace to the Committee on Homelessness. The City Council then considered appointments to the Landlord/Tenant Mediation Board. Councilmember Sahli-Wells suggested consideration of expansion of the Landlord/Tenant Mediation Board’s duties. After discussion, the City Council appointed Seth Lennon Weiner to the Landlord/Tenant Mediation Board. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL MAKE THE FOLLOWING APPOINTMENTS/REAPPOINTMENTS: Kevin Lachoff to the Planning Commission; Rick Hudson to the Parks, Recreation, and Community Services Commission; Scott Ochoa to the Civil Service Commission; Regina Klein to the Cultural Affairs Commission; Barbara Effros-Schwartz, Alexander Lee, Robert Montgomery, and Rhonda Wolf to the Disability Advisory Committee; Ira Diamond and Deborah Wallace to the Committee on Homelessness; and Seth Lennon Weiner to the Landlord/Tenant Mediation Board. o0o At 9:04 p.m., Mayor Weissman declared a short recess. At 9:14 p.m., Mayor Weissman reconvened the City Council with all members present. Item A-2 SECOND OF FIVE PLANNED COMMUNITY DIALOGUES ON CITY FINANCES - A Presentation from the City Manager and Chief Financial Officer on the State of City Finances and Acceptance of Public Input and Comment. Chief Financial Officer Muir began his PowerPoint presentation and noted that a summary of the presentation is available on June 25, 2012 12 the City’s website and hard copies were available for the audience. Mr. Muir’s presentation focused on the revenues and expenditures in the General Fund. He touched on the major decreases in the revenues in the General Fund. Also, certain areas of expenditures have increased – especially fuel costs, medical costs, and pension costs. The City has taken significant steps to reduce expenditures. There was an overall decrease in staffing of 12%. $1 million in other costs were reduced. Approximately $6 million in costs were reduced in the General Fund. These reductions included collaboration with bargaining units to implement cost reductions and implementation of the cafeteria plan with an inflation cap. A second tier of benefits was initiated for new employees. He continued by mentioning the support of Proposition 22 – which was meant to protect local funds from being raided by the State and thereby maintain service levels to the public. Discussion ensued between members of the public, the City Council, and staff regarding naming rights; use of volunteers; Los Angeles increased parking ticket fees and Code enforcement fees; noting that implementation of the proposed tax would be an impact of $0.05 on a $10.00 purchase; the results of the community survey; competition with other sales tax measures on the ballot; the need for the City to continue to seek ways to be more efficient. Items from the City Council Items from Council Member Sahli-Wells Mentioned that Solar Power was being considered for other locations in the City. Items from Council Member O’Leary There will be a Hazardous Waste Round-up on June 30. o0o June 25, 2012 13 Adjournment There being no further business, at 10:27 p.m., the City Council adjourned its meeting to a meeting on Monday, July 9, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council, City of Culver City Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE July 09, 2012 CITY COUNCIL 6:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The regular meeting of the City Council was called to order at 6:02 p.m. at the Cafetorium in Linwood E. Howe Elementary School. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 6:03 PM, the City Council recessed to Closed Session to discuss the following item: CS-1 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – Two Cases Pursuant to Government Code Section 54956.9(c) o0o Reconvene The City Council reconvened its meeting at 7:02 p.m. with all Councilmembers present. o0o Closed Session Report Mayor Weissman indicated nothing to report from closed session. o0o June 23, 2012 2 Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was performed by Desmond Burns. o0o Community Announcements By City Council Members/Information Items From Staff Councilmember Clarke reported on Holly Mitchell’s Christmas in July event occurring on Saturday, July 14, 2012. Mayor Weissman noted that the Culver City Boulevard Music Festival would begin its concerts on Thursday July 12th at 7pm. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Linda V. Firth spoke about the Expo Line noise, which has affected the quality of her life and the value of her home negatively; mentioned contacting Supervisor Ridley-Thomas and her plan to contact Karen Bass and Holly Mitchell regarding noise reduction measures. Council Member O’Leary invited Ms. Firth to attend the next Expo Board meeting and asked staff about sound testing. A discussion ensued between Councilmembers and Staff with Public Works Director Charles Herbertson, who confirmed that the City would do its own independent sound levels analysis and look at construction of sound walls to make sure that they are compliant. Ed Firth spoke about the need to extend the sound wall, explaining that there is no wall from Fay to Robertson and that the noise resonates through the park. Management Analyst/Deputy City Clerk Pro Tempore Jeremy Green read into the record a statement by Marta Zaragoza. June 23, 2012 3 o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CASH DISBURSEMENTS FOR JUNE 16, 2012 – JUNE 29, 2012 BE APPROVED. o0o Action Items Item A-1 Introduction of an Ordinance Adding a New Chapter 15.12, Community Facilities District Financing, to the Culver City Municipal Code. City Manager Nachbar requested that this item be deferred to provide more opportunities for review by the public. Mayor Weissman requested that the item be brought back in the near future. The City Council concurred with this request and no further action was taken. Item A-2 FOURTH OF FIVE PLANNED COMMUNITY DIALOGUES ON CITY FINANCES - A Presentation from the City Manager and Chief Financial Officer on the State of City Finances and Acceptance of Public Input and Comment. Chief Financial Officer Muir began his PowerPoint presentation and noted that a summary of the presentation is available on the City’s website and hard copies were available for the audience. Mr. Muir’s presentation focused on the revenues and expenditures in the General Fund. He touched on the major decreases in the revenues in the General Fund. Also, certain areas of expenditures have increased – especially fuel costs, June 23, 2012 4 medical costs, and pension costs. The City has taken significant steps to reduce expenditures. There was an overall decrease in staffing of 12%. $1 million in other costs were reduced. Approximately $6 million in costs were reduced in the General Fund. These reductions included collaboration with bargaining units to implement cost reductions and implementation of the cafeteria plan with an inflation cap. A second tier of benefits was initiated for new employees. He continued by mentioning the support of Proposition 22 – which was meant to protect local funds from being raided by the State and thereby maintain service levels to the public. He commented on the former Culver City Redevelopment Agency and the elimination thereof by the State and the significant impacts this has had on the City. Mr. Muir further clarified the City had a total number of positions eliminated of 78 over the past 4 years. The elimination of the Culver City Redevelopment Agency wiped out the progress the City had made. $7 million in reserves have been used to date, with an additional $5 million proposed to be used in FY 2012/2013. He presented the projection of the City’s general fund over the next 5 years. Unless revenues were increased or expenditures decreased, or some combination of both, the City’s emergency reserves will be gone by 2017. The general fund’s infrastructure investment is $500,000, where $2 - $3 million is needed to upkeep infrastructure. He provided a sample of what cuts of $7 million could look like. He presented suggestions from various departments including: Police, Fire, Parks, Recreation, and Community Services, Community Development, and Administration. Mr. Muir also discussed various options for raising revenues. He discussed various alternatives and then gave examples of the impacts of a sales tax. Upon conclusion of the presentation, Mayor Weissman invited those in the audience to share their thoughts with the City Council. Discussion involved other ways that the City could save money; corporate sponsorships, creating private/public partnerships, reduction of outside contractors; that the invocation wastes time; use of volunteers; additional ways to reduce expenses for maintenance; the state of flux that the City is in regarding planned development; Fire Department June 23, 2012 5 manpower, which has been the same since the 1970s; support for a .5% versus a .75% sales tax increase; the suggestion of increasing the sales tax by 1.0%; the sunsetting of any tax; increases of revenues; avoiding loss of level of service; clarification that if a sales tax of $0.05 is approved by voters that this would maintain City services at the current level. Mayor Weissman thanked all of those who took the time to attend this meeting. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE PRESENTATION AND PUBLIC INPUT AND COMMENTS. o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. No one came forward. o0o Items from the City Council Items from Councilmember Sahli-Wells • Thanked all those who attended the meeting and especially staff members who are also residents; mentioned that staff is working to get grants to continue work at the City. Items from Vice Mayor Cooper • Requested that the meeting be adjourned in memory Richard Kitabayashi who died in a traffic accident and the need for additional traffic mitigation in Sunkist Park. A discussion ensued between staff and City Councilmembers regarding various traffic mediations in Sunkist Park at Blanco; a potential traffic signal midway between the bridge and Sepulveda, the traffic study from 1997; and City Council consensus to discuss the item at a future meeting. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS June 23, 2012 6 ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF RICHARD KITABAYASHI. o0o Adjournment There being no further business, at 9:16 p.m., the City Council adjourned its meeting in memory of Richard Kitabayashi to a meeting on Monday, July 16, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE September 10, 2012 CITY COUNCIL, CITY OF CULVER CITY 6:00 p.m. CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 6:00 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 6:00 the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (1 item) Pursuant to Government Code Section 54956.9(b)(1) CS-2 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – 1 Matter Pursuant to Government Code Section 54956.9(c) CS-3 Conference with Legal Counsel – Existing Litigation Re: City of Culver City, et al. v. Ugo Pascarella, et al. Case No. SC115351 Pursuant to Government Code Section 54956.9(a) o0o Reconvene The City Council reconvened its meeting at 7:03 p.m. with all Councilmembers present. September 10, 2012 2 o0o Invocation/Pledge of Allegiance The Invocation was given by Martin Cole, Assistant City Manager/City Clerk and the Pledge of Allegiance was led by Booker Pearson. o0o Report on Action Taken in Closed Session Mayor Weissman indicated nothing to report from closed session. o0o Community Announcements By City Council Members/Information Items From Staff MOVED BY COUNCILMEMBER CLARKE, SECONDED COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF THE VICTIMS OF 9/11. Councilmember Clarke announced a memorial service on Tuesday, September 11 in front of City Hall at 6:45 a.m. Councilmember O’Leary reported attending the League of California Cities conference. Councilmember Sahli-Wells wished her son Lucien a Happy Birthday; announced Coastal Cleanup Day on September 15 at Ballona Creek; invited everyone to join the Culver City Bicycle Coalition clean up site at the bike path by Duquesne; reported that she would be serving on a panel for the first Women’s Bicycling Summit in Long Beach on September 13; she noted that WestDoc was underway at the Culver Hotel; and she announced a Police Department Open House on September 15. Vice Mayor Cooper encouraged everyone to attend the memorial for 9/11 victims in the City Hall Courtyard, and he noted how much the world had changed since then. Mayor Weissman added that the memorial was also an opportunity to honor those serving in the armed services in the aftermath of 9/11, and he announced the Culver City Historical Society celebration of the 95 th anniversary of the founding of the City September 10, 2012 3 with Meet Me in Culver City on September 23 at the Culver Hotel hosted by Margaret O’Brien. Vice Mayor Cooper announced EarthFest L.A. at West Los Angeles College on September 15. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Marta Zaragoza encouraged continued support for the fight to mitigate issues created by Expo, MTA, and the Construction Authority; she expressed concern with Councilmember statements regarding Expo issues; she discussed serving as a representative vs. serving as an alternate; Culver City Police Department response to noise complaints; and permit parking enforcement. Susan Elaine Wheeler discussed labeling and Genetically Engineered Foods (GMOs), and she requested City Council support for Proposition 37. Ken Ruben thanked Art Ida for his tour of the transit yard and for a ride on one of the new buses; he requested a bus bench and a crosswalk to reduce jaywalking near the Expo station; he discussed noise issues and grants for street furniture; and he reported that Metro would take over from Expo on November 19. Booker Pearson, Upward Bound House, thanked the City Council for their extension of the rental assistance program. Jerri Speed requested support for Proposition 37 requiring labeling of food if it contains genetically engineered ingredients. Larry Brownstein expressed support for Proposition 37, the California Right to Know Genetically Engineered Food Act, and he requested that the City Council add it to the agenda for consideration of support at the next City Council meeting. September 10, 2012 4 David Church, Culver City Chamber of Commerce, thanked the Sanitation Division for proactively working to implement Assembly Bill 341, a new piece of legislation requiring mandatory recycling for commercial businesses. Bambi Njamfa, Food and Water Watch, expressed support for the passage of Proposition 37 and invited the community to the free screening of Gasland on September 15 at West Los Angeles College as part of EarthFest. o0o Receipt and Filing of Correspondence This item was considered at the end of the City Council meeting. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR AUGUST 4, 2012 – AUGUST 31, 2012. o0o Consent Calendar Martin Cole, Assistant City Manager/City Clerk, reported that a correction requested by Councilmember Sahli-Wells had been made to the meeting minutes. Councilmember Sahli-Wells indicated that she would have to abstain from voting on the minutes of August 13, 2012 due to her absence from that meeting. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL September 10, 2012 5 APPROVE CONSENT CALENDAR ITEM C-1 WITHOUT THE MINUTES OF AUGUST 13, 2012 INCLUDED, AND ITEMS C-2 THROUGH C-5. Item C-1 Meeting Minutes THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR MEETING OF JUNE 11, 2012, SPECIAL MEETING OF JUNE 18, 2012, SPECIAL MEETING OF JULY 2, 2012, SPECIAL MEETING OF JULY 16, 2012, REGULAR MEETING OF JULY 23, 2012, AND SPECIAL MEETING OF AUGUST 6, 2012. MOVED BY COUNCILMEMBER CLARKE AND SECONDED BY VICE MAYOR COOPER, THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR MEETING OF AUGUST 13, 2012. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: CLARKE, COOPER, O’LEARY, WEISSMAN NOES: NONE ABSENT: NONE ABSTAIN: SAHLI-WELLS o0o Item C-2 (1) Acceptance of Work Performed by J.D.C. Inc.; (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after the Expiration of the 35-Day Lien Period, for the Ballona Creek Rain Garden Project, P-497 THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY J.D.C., INC. FOR THE BALLONA CREEK RAIN GARDEN PROJECT, P-497; 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; AND, 3. AUTHORIZE THE CITY MANAGER TO RELEASE $15,588.32 IN RETENTION FUNDS TO J.D.C, INC. AFTER THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o September 10, 2012 6 Item C-3 1) Acceptance of Work Performed by Pacific Hydrotech Corporation; 2) Authorization to File the Notice of Completion; and 3) Authorization to Release Retention Funds after the Expiration of the 35-Day Lien Period, for the Construction of the Braddock Pump Station Upgrade Project, P-873 THAT THE CITY COUNCIL: 1) ACCEPT THE WORK BY THE CONTRACTOR PACIFIC HYDROTECH CORPORATION FOR THE BRADDOCK PUMP STATION UPGRADE PROJECT, PROJECT P-873; 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 $111,804.42 IN RETENTION FUNDS TO PACIFIC HYDROTECH CORPORATION AFTER THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o Item C-4 (1) Acceptance of Work Performed by All American Asphalt; (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after the Expiration of the 35-Day Lien Period, for the Sherbourne Drive Street Resurfacing Project, P-955, CDBG #601392-11 THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY ALL AMERICAN ASPHALT FOR THE SHERBOURNE DRIVE STREET RESURFACING PROJECT, P-955, CDBG #601392-11; 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; AND, 3. AUTHORIZE THE CITY MANAGER TO RELEASE $6,078.40 IN RETENTION FUNDS TO ALL AMERICAN AFTER THE EXPIRATION OF THE 35-DAY LIEN PERIOD. September 10, 2012 7 o0o Item C-5 Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-Way on Cardiff Avenue and Culver Boulevard THAT THE CITY COUNCIL: 1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH TIME WARNER CABLE; AND, 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 Item C-6 Approval of a Parking License Agreement with Century Wilshire Incorporated for the Culver Hotel’s Use of Parking Spaces at Certain City-Owned Parking Facilities This item was pulled and no action was taken by the City Council on this item. o0o Order of the Agenda No changes were made. o0o Public Hearings Item PH-1 Introduction of an Ordinance Amending Section 17.230.015, Table 2-8 and Section 17.610.010 of the Culver City Zoning Code to Allow for the Expansion of Existing Private Schools Located in the Industrial General (IG) Zone, Subject to September 10, 2012 8 Approval of a Modification to an Existing Conditional Use Permit (Zoning Code Amendment ZCA P-011154) Thomas Gorham, Planning Manager, provided a summary of the material of record. Mayor Weissman invited public input. The following members of the audience addressed the City Council: Mark Armbruster thanked the Planning Commission for their support, expressed support for the staff recommendation, and indicated that he was present to answer any questions. Lisa Rosenstein, Willows Community School, expressed appreciation to the City for their assistance and hard work. Carlene Brown, Culver City Progress blog, shared several quotes; discussed the Willows Community School and Fiesta La Ballona; and she requested support of the item. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS AND POSTING OF PUBLIC NOTICE AND CORRESPONDENCE RECEIVED. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Martin Cole, Assistant City Manager/City Clerk, stated that the record would indicate that all public comment would be contained within the confines of the public hearing. Cary Anderson discussed public vs. private schools; CUPs; penalties for CUP violations; the turnover of public schools to private schools; and consideration of whether actions are good for the community and whether the community is protected. Mayor Weissman pointed out economic components to the item. Jeremy Green, read a comment card submitted by: Zoenda McIntosh MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER September 10, 2012 9 CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Martin Cole, Assistant City Manager/City Clerk, indicated that emailed comments received earlier in the day were provided to the City Council and would become part of the public record. Discussion ensued between staff and Councilmembers regarding the opportunity cost; participation in community activities; appreciation to the Planning Commission for their work; the introduction of a master plan; the 3.5 acre limitation; the ability of the other two schools to expand and concern that they will now want to expand to the 3.5 acre maximum; authority of the Planning Commission; zoning code language; spot zoning; clarification that any expansion has to go through a public hearing; sensitive receptors; concern with affects to adjacent industrial and commercial development; economic impacts to the City; protecting the City’s future economic viability; support for the school; the economic study; the loss of redevelopment; creating a tool to address the potential expansion by the other schools; and clarification that expansion is not allowed in the IG zone. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DETERMINE THAT NO ADDITIONAL ENVIRONMENTAL INFORMATION IS NEEDED BASED ON THE PLANNING COMMISSION’S ADOPTION OF A MITIGATED NEGATIVE DECLARATION FINDING THAT ZONING CODE AMENDMENT, PLANNING COMMISSION ZCA RESOLUTION NO. 2012- P005, WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT; AND, 2. INTRODUCE THE PROPOSED ORDINANCE AMENDING SECTION 17.230.015, TABLE 2-8 (ALLOWED USES AND PERMIT REQUIREMENTS) AND SECTION 17.610.010 (NONCONFORMING USES), TO ALLOW FOR THE MODIFICATION AND/OR EXPANSION OF NONCONFORMING PRIVATE SCHOOL USES IN THE INDUSTRIAL GENERAL ZONE SUBJECT TO APPROVAL OF A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT. o0o Item PH-2 September 10, 2012 10 Consideration of an Appeal of Planning Commission Denial of Conditional Use Permit Modification (CUP/M 2011-175) to Allow the Addition of 200 Students to The Help Group Private School Facility at 12095-12101 Washington Boulevard MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS AND POSTING OF PUBLIC NOTICE AND CORRESPONDENCE RECEIVED. Thomas Gorham, Planning Manager, provided a summary of the material of record. Discussion ensued between Councilmembers and staff regarding the wall and the City of Los Angeles; clarification that the study was done on the entire project, not just on the incremental increase; incremental development; whether the City is receiving a fair share of revenue; the voluntary contribution; property and business taxes; clarification that the taxpayers would not be subsidizing the expansion of the Help Group; a modification to limit expansion beyond the current campus; the approved site plan; and the medical building. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public input. The following members of the audience addressed the City Council: Dr. Barbara Firestone, The Help Group, discussed the establishment of the school in 1999; the need to expand programs and services; the challenges of autism; their work with the City and the state; bond funding; their demonstrated commitment to the City and neighbors; access to educational opportunity; and publicly funded tuition. Susan Osborne discussed her experiences with Village Glen West. Ben Reznik, of Jeffer, Mangels, Butler and Mitchell, discussed the condition dealing with the number of staff and he thanked the City for their efforts. September 10, 2012 11 Discussion ensued between Councilmembers and Mr. Reznik regarding the specific definition of future plans for the site; concern with flexibility to the number of staff; Help Group intent not to trigger any impacts; traffic studies and parking capacity; the new location for Silver Lining; the way that staff is counted; the definition of full-time equivalent staff; impacts; trip generation; and substitute language. Carlene Brown discussed the Silver Lining resale store; a clip of the Help Group graduation ceremony; sensitivity to neighbors complaints; and mutual benefits. Larry Green requested that the City Council uphold the denial and he expressed concern with increased traffic and parking in the neighborhood. Wally Marks expressed support for the project and urged approval of the Help Group request noting that concerns had been addressed. Cary Anderson indicated that he could see both sides of the issue; he asked about staff parking on campus; discussed the cost of the wall; whether additional students would be new students or students from other campuses; and the original intent of the Help Group when opened in 1999. Doris Green expressed opposition to the expansion of The Help Group due to parking and traffic issues; she discussed the number of buses and taxis on site; and she expressed concern with the size of the yard. Mayor Weissman received clarification that a condition could be added that the Help Group discourage parents from parking in the neighborhood. Michelle Krupkin expressed support for the Planning Commission denial of the CUP; she expressed concern that the traffic report did not fully address certain issues in the neighborhood; she discussed use of a private road on the property; safety issues; the existing parking structure; the number of buses and taxis; staging areas; concern with taxis and cars blocking driveways; noise issues; and the number of parking spaces available for staff. Vice Mayor Cooper exited the dais. September 10, 2012 12 Jeremy Green, Management Analyst, read a written comment submitted by: Marta Zaragoza MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY COUNCILMEMBER CLARKE THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: CLARKE, O’LEARY, SAHLI-WELLS, WEISSMAN NOES: NONE ABSENT: COOPER ABSTAIN: NONE Martin Cole, Assistant City Manager/City Clerk, reported that correspondence received earlier in the day had been distributed to Councilmembers and would become part of the official record. Vice Mayor Cooper returned to the dais. Discussion ensued between staff and Councilmembers regarding the original 1999 approvals; the original intent of The Help Group; Help Group purchase of the property; Planning Commission denial of the project; sound levels in the playground; noise studies; working with Los Angeles to address issues; concentrating on the number of students rather than the number of staff; the voluntary contribution; decals for staff cars to discourage neighborhood parking; support from state and county officials for The Help Group; adding a condition to address noise issues; length of the process; due diligence; support for the process; improvements to the area; traffic mitigations; support for adding 250 students; monitoring and enforcement; concern with driveways and safe access; an assertion that estimated traffic is more than will actually be present; and whether there is a history of accidents in the area. Discussion ensued between the City Council and Ben Reznik regarding the original intent of The Help Group to expand and make use of the medical building when the need arose and funding became available; how the proposed number of staff was arrived at; full time equivalent language; clarification that staff could be as many as 230; the reduction of the expansion from 250 students to 200 September 10, 2012 13 students; playground noise exemptions; and clarification that the new students will play on a rooftop playground. Additional discussion ensued between Councilmembers and staff regarding adding 250 students rather than 200; impacts to emergency services; clarification that the traffic study considered 600 students; base traffic; conditions of approval; adding a condition that any additional mitigation would be paid for by The Help Group; suggested language to address the number of staff; concern with repeated studies and updates; setting a cap on staffing levels; having The Help Group take affirmative steps to prohibit parking on the adjacent residential streets; adequate parking in the structure to accommodate staff and parents. Councilmember O’Leary moved to grant the appeal. Vice Mayor Cooper seconded the motion and the discussion continued. Further discussion ensued between Councilmembers and Help Group staff regarding the number of taxis and buses; hours when taxis and buses are dropping off and picking up; the three public parking spots on Grandview; turning radius of the bus and visibility; provided parent parking; and placing a hard cap on adding 200 students. Dr. Susan Berman, The Help Group, indicated that they would appreciate the ability to expand as the need continues to rise. Additional discussion ensued between Councilmembers and staff regarding expanding to the originally requested 250 students; a suggestion that if the expansion to the 600 level is successful that the opportunity to add 50 additional students be allowed; including additional language in Condition 53 that would enable The Help Group to submit a request to increase the number by going through a similar analysis; evaluating impacts to the number of students; the importance of agreeing upon a cap; the CUP process; and concern that the information for the agenda item was based on the 200 student cap. Ben Reznik indicated that the school would be satisfied with the 600-student cap, the CPI flexibility and voluntary payment, and he suggested that The Help Group could take back their statement that they would never expand beyond September 10, 2012 14 600 students and return for additional consideration if there is a need for 50 more students. Further discussion ensued between staff and the City Council regarding concern with changing consideration of the item to 650 students; removal of Condition 59; and agreement to cap staffing levels to 230 with additional modifications regarding noise and parking. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 2.A ADOPT A NEGATIVE DECLARATION, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), FINDING THE PROJECT WILL HAVE LESS THAN SIGNIFICANT IMPACTS ON THE ENVIRONMENT; AND 2.B. ADOPT RESOLUTION NO. 2012-R______, GRANTING THE APPEAL AND (I) REVERSING THE PLANNING COMMISSION’S DENIAL OF THE CONDITIONAL USE PERMIT MODIFICATION FOR THE INCREASE IN ENROLLMENT OF THE HELP GROUP SCHOOL AND (II) APPROVING CONDITIONAL USE PERMIT MODIFICATION CUP/M 2011-175. o0o Recess At 9:58 p.m. the City Council took a brief recess. o0o Reconvene The City Council reconvened its meeting at 10:03 p.m. with all Councilmembers present. o0o Item PH-3 Consideration of Appeal of Planning Commission Approval of an Administrative Site Plan Review to Allow the Development of a One-Story Retail Building with 2,500 Square Feet of Floor Area and 12 On-Site Parking Spaces Located at 4436 Sepulveda Boulevard MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER September 10, 2012 15 AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION. Sol Blumenfeld, Community Development Director, provided a summary of the material of record. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. Martin Cole, Assistant City Manager/City Clerk, reported that correspondence received earlier in the day had been distributed to Councilmembers and would become part of the official record. Mayor Weissman explained procedures for the hearing. Rob Katherman, 7-11, provided background on the project and the process; discussed the architecture element; he indicated agreement to the conditions and to pay for additional improvements required as the result of scheduled reviews; he acknowledged a suggestion for a speed hump installation; agreed to post signage for a 24-hour hotline during construction and for normal operation; reported submission of a petition in support of the project; and he noted potential traffic concerns. Robert Kahn, RK Engineering Group, Traffic Consultants, provided background on the company; discussed work with staff; traffic studies and the lack of a significant impact from a traffic standpoint; the gap study; mitigation measures for the project; and he indicated that there would be a follow-up evaluation at 6 months and one year with any adverse traffic impacts mitigated at that time. Discussion ensued between Councilmembers and the speaker regarding the proposed speed hump and previous traffic studies conducted for 7-11 stores. Fahwad Ursani, 7-11 Franchisee, indicated that he operated a 7-11 at Sepulveda and Berryman and he discussed their participation in community service events. September 10, 2012 16 Aaron Swerdlow, Equitas Engineering, discussed the nature and challenges of corner projects; appropriate tenants; the uniqueness of the property; the pedestrian gap study; the current project; the efforts of staff; maximizing the potential of the property and improving the area; adherence to zoning; and he urged approval of the project. David Schwartz, appellant, provided a Powerpoint presentation; reported attending many meetings opposing the development; expressed concern with increased risk to the City based on insufficient discovery, testing and evaluation; discussed the proximity of other 7-11s; expressed concern with traffic in the area; he discussed nearby schools; access to other businesses in the alley; accident data for nearby intersections; Taco Bell; concern with inadequate traffic studies; he read excerpts from the Planning Commission hearing; discussed the Planning Commission resolution; and he expressed opposition to the project. Richard Rownak discussed the accuracy of the traffic and pedestrian studies; expressed concern for the safety of the area students; he noted that problems with the project were compounded by existing circumstances; discussed the bus stop in front of the business; he requested that the City Council not allow a development that would generate a high volume of business at that location; discussed residential input regarding alley access; concern with access to the property; delivery trucks; required sight lines; attempts to get a copy of the traffic study; concern with cut-through traffic in the neighborhood; improvements to the Sepulveda corridor; the formula for generating the number of visits per hour; and he requested that the City Council reject the project. Alexandra K. Mells asserted that information submitted in the traffic study was inaccurate; expressed concern with a potential lawsuit against the City; discussed the standard for legal lawsuits regarding negligence; and she requested valid, efficient traffic studies. Discussion ensued between Councilmembers and the appellants regarding what business would be appropriate for the parcel. Marcello Cavallero discussed his previous experiences living next to a 7-11; recent observations at the Sepulveda and Berryman 7-11; pro-social and anti-social places; he expressed concern with undesirable individuals congregating at the 7-11; children passing the store on the way to school; and proximity September 10, 2012 17 to the school and availability of alcohol and cigarettes. P. Chris Grossman discussed the abandoned gas station noting that the 7-11 has been the only proposed development for many years; he asserted that the development would make no statistical difference to the traffic in the area; he discussed the dead-end alley adjacent to the proposed development; he expressed support for the project; discussed potential property and sales tax revenue to the City; felt that the project would increase property values as the vacant lot would be gone; and he felt that if the project were not built there would be many more years of an empty lot. Tom Oliva expressed opposition to the project due to concerns with safety and increased traffic in the area. Cary Anderson discussed the petition; the proposed flower shop; he noted that there were 25 7-11s within 3.6 miles; he discussed allowable amounts of panhandling and legal obligations; what the owner is willing to put in writing; graffiti; whether fresh fruit would actually be available and who would enforce that; the agreement not to have vending machines; and community service events. Barbara Effros Schwartz expressed concern with adding to an already chaotic corner; discussed cars lined up around the corner for the Taco Bell; density; the moveable bus stop; proximity to the YMCA and nursing home; City planning and development; and the Sepulveda corridor. Helen Pinkston discussed things that influence a community; alley access; traffic; she asserted that Sepulveda is a major highway and Braddock is a small street; she discussed environmental impacts; she expressed hope that the total impact of the project is considered; and she read a letter from a neighbor expressing concern that this development would preclude development of a better project on the site. Diana Aceves expressed support for the development. Mark Trapnell expressed disappointment in another 7-11 approved for the community; concern with proximity to schools and increased trash; questioned what provisions were in place and who would be accountable if there is an accident or traffic is worsened; and he felt that small businesses made the City unique. September 10, 2012 18 Steve Rose, Chamber of Commerce, reported that 7-11 is a member of the Chamber of Commerce; provided a brief history of the area; asserted that franchisees were small business owners; discussed the civic involvement of Mr. Ursani; and expressed support for the development. Marie Malahi indicated that her property abutted the proposed development; discussed access to her property; accuracy of the traffic study; Braddock; Taco Bell deliveries; existing issues; and she submitted a list of mitigations if the project is to go forward. Jeremy Green, Management Analyst, read written comments submitted by: Nicole Sims Kate Agosta Carole Myers Robert Ishida Discussion between staff and the City Council ensued regarding use of the property; accuracy of the traffic study; and the level of increase based on the project. Alexandra Mells clarified that there are no driveways out onto Elenda. Discussion continued between staff and Councilmembers regarding the pedestrian count; school-aged pedestrians; clarification regarding a typo in the appendix; Exhibit B; bicycles and pedestrians; pedestrians in the gap study; the Taco Bell driveway; legal non-conforming use; cut-through traffic in the alley; driveways on Elenda between Barman and Lindblade; and pedestrians and California Law. Rob Katherman, 7-11, discussed delivery schedules; evaluation of the operation after 6 months to a year; alcohol and tobacco sales; the speed hump at the Braddock exit; the petition; and he clarified that the use is approved by the code and by the Planning Commission. Vice Mayor Cooper received clarification regarding delivery times. David Schwartz, appellant, took issue with comments by the Traffic Engineer regarding the Taco Bell alley and discussed addressing current conditions before adding another business September 10, 2012 19 that would cause additional issues. Alexandra Mells expressed concern with the typographical error in the appendix, questioning how many more errors there were, and she requested that the traffic study be done again correctly. Richard Rownak expressed concern with inaccuracies in the traffic study; discussed alternate projects; consequences for actions taken; and he urged the City Council to deny the project. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Discussion ensued between staff and Councilmembers regarding the traffic study; levels of service; perception; the gap study; accident history; whether the Taco Bell was analyzed; Taco Bell traffic issues; history of the Taco Bell property; ingress on to the property; alley access; legal repercussions; physical design recommendations; circulation on the Taco Bell site; a better use for the property; uniqueness of the property; limitations to usages; the importance of reducing costs and adding revenue; a reminder that the lot was vacant for 14 years; how to make the project work for the neighborhood; mitigations; evaluation after 6-12 months; installing a barrier to prevent left turns onto the property from Sepulveda Boulevard; making an entrance only on Braddock; the importance of revitalizing the corner; placing trust in the Traffic Engineer; concern with accepting the project if the alley has not been considered; concern with the gap study and typos; acknowledgement that the developers want to move forward and the site needs to be developed; cumulative impact; concern with the best interests of the health and safety of residents; length of the report; required findings; the grading of intersections; the design and layout of the proposed project; concern with a statement regarding conducting a gap study to placate residents; previous 7-11s considered by the City Council; an observation that concerns have not transpired with the other new 7-11s that have opened in the City; the true traffic impacts; the proposed follow-up study; paying for mitigations to address impacts; design of the project; concerns with opportunistic children and food choices; conclusively proving impacts for specific businesses; daily variations; police department data; maintenance issues September 10, 2012 20 with median barriers; requiring the developer to maintain a median; addressing issues with the owner of Taco Bell; and whether to make Braddock an entrance only access. Aaron Swerdlow, Equitas Engineering, expressed concern with restricting access; noted the importance of relying on the traffic studies; and agreed to remediate impacts at their cost. Further discussion ensued between staff and Councilmembers regarding staff agreement to look at options regarding the alley and request additional traffic enforcement; what mitigations can be implemented; a request for neighborhood consideration in the future and not to implement this type of use in the future; restrictions in place in the downtown area; placing conditions for speed humps and the 24-hour hotline number; Condition 72; and adding maintenance to the conditions. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ADOPT RESOLUTION NO. 2012-R____ DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF ADMINISTRATIVE SITE PLAN REVIEW, ASPR P-2011127, FOR THE CONSTRUCTION OF A 2,500 SQUARE FOOT CONVENIENCE STORE AT 4436 SEPULVEDA BOULEVARD WITH THE ADDITIONAL ALTERNATE CONDITION 72 AS AMENDED TO REQUIRE A 6-MONTH AND 12-MONTH STUDY AFTER OPERATION TO DETERMINE ANY MITIGATION TO ADDRESS ISSUES IN THE NEIGHBORHOOD INCLUDING MAINTENANCE OF ANY NECESSARY MITIGATION MEASURES AND A SEPARATE CONDITION TO REQUIRE THE INSTALLATION OF A SPEED HUMP IN THE DRIVEWAY ON THE BRADDOCK SIDE OF THE PROPERTY AND A 24-HOUR HOTLINE. o0o Receipt and Filing of Correspondence MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE ALL CORRESPONDENCE RECEIVED FOR ALL BODIES MEETING THIS EVENING. o0o Public Comment for Items NOT On the Agenda (Continued) September 10, 2012 21 Mayor Weissman invited public input. The following members of the audience addressed the City Council: Philip Eriksson reported that after 17-19 hours of being awake, humans have reduced cognitive capacity equivalent to a blood alcohol level of .05% and he encouraged everyone to drive home safely. Cary Anderson discussed conditions of approval and expressed concern with enforcement noting that it is not the responsibility of the citizens to make sure that conditions are abided by. Councilmember O’Leary noted the importance of residential input. Angela Campbell expressed disappointment with the approval of the 7-11 project; agreed with the entrance only proposal for the 7-11; discussed the difficulty of accessing her property; noted that the project would hugely impact their lives; she added that the traffic study was taken on an atypical day; and she discussed the frequency of near miss accidents. o0o Items from the City Council None. September 10, 2012 22 o0o Adjournment There being no further business, at 1:00 a.m. on Tuesday, September 11, the City Council adjourned its meeting in memory of the victims of 9/11 to a meeting on Monday, September 24, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council City of Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE September 24, 2012 CITY COUNCIL, CITY OF CULVER CITY 6:00 p.m. CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 6:00 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 6:00 p.m., the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – 1 Matter Pursuant to Government Code Section 54956.9(c) CS-2 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (3 items) Pursuant to Government Code Section 54956.9(b)(1) CS-3 Conference with Real Property Negotiators Re: 10808 Culver Boulevard (Former Armory Site) City Negotiators: City Manager John Nachbar, Assistant City Manager Martin Cole Other Parties’ Negotiators: The Wende Museum Under Negotiation: Both Terms and Price Pursuant to Government Code Section 54956.8 o0o September 24, 2012 2 Reconvene The City Council reconvened its meeting at 7:16 p.m. with all Councilmembers present. o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by David VonCannon. o0o Report on Action Taken in Closed Session Mayor Weissman indicated there was nothing to report from closed session and that he had to recuse himself from one item. o0o Community Announcements By City Council Members/Information Items From Staff Elena Sweda Neff, Culver City Representative for the Los Angeles County West Vector Control Board, provided an update on the West Nile Virus; thanked staff and Councilmembers for their efforts; discussed standing water in storm drains; and noted that weekly updates were available. Bob Saviskas, Executive Director of the Los Angeles County West Vector Control District, reported that an asymptomatic blood donor had tested positive for West Nile virus; discussed the infection of crows; the number of infected birds; preventative measures; service requests; website updates; and treatment options. Discussion ensued between Councilmembers and the speaker regarding clarification that mosquito fish are available at no cost to residents; improvements in the number of cases in the area; reminders to use insect repellant during night time hours; clarification that the insects are genetically programmed to bite at dawn and dusk, incidences are waning, and mosquito breeding areas are often man-made; key indicators; the importance of taking proper precautions to eliminate the September 24, 2012 3 environment that encourages breeding; symptoms; and he provided contact information for those wishing to learn more. Mayor Weissman announced the IndieCade Festival on October 6-7 in downtown Culver City. Councilmember Sahli-Wells thanked volunteers who participated in California Coastal Clean-Up Day on September 15 and she discussed participation by the Public Works Department; she announced a community meeting on the Culver City Green Space Plan on September 27 in the Garden Room at Veterans Auditorium; she indicated that she would be participating in the Hollywood for Habitat for Humanity Build-a-thon at Sony Studios; and she announced a tentative date for the Affordable Housing Summit on November 17. Councilmember Clarke reported attending the employee appreciation picnic, the Culver City Historical Society event at the Culver Hotel, and the Police Department Open House. Martin Cole, Assistant City Manager/City Clerk, discussed the schedule of City Council meetings for the balance of the year and requested City Council concurrence in meeting on October 1, October 8, October 22, November 12, and December 10. No objection was raised. Mayor Weissman reported that WiFi and Time Warner were not currently working in Council Chambers. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: JJ Hoffman, Los Angeles County Bicycle Coalition, discussed their mission; indicated that they wanted to hold the second Tour de Taste fundraiser on December 2; she hoped for additional support from downtown businesses; and she requested help with keeping costs down. Discussion ensued between Councilmembers and the speaker regarding submitting the request in writing to staff and a suggestion to invite Culver City businesses to CycLAvia to September 24, 2012 4 help them understand how the event would be a benefit to them. David VonCannon reported that the Tellefson community would be holding a community meeting on October 2 at the King Fahad Mosque to discuss Measure Y, and he provided an update on Tilden Terrace. Cary Anderson reported a dead bird outside the Fire Department; he noted that birds that die on the weekend are not tested for West Nile virus; he reported numerous instances of violations of Condition 92 in the conditions of approval for the 4043 Irving Place project; and he requested enforcement of the condition. Leslie Adler, Culver City Education Foundation, discussed the All for One campaign. Joshua Brindle, the Coalition for Smoke Free Living in Culver City, reported assessing the status of tobacco control policy in the City; discussed work with the American Lung Association; resident concerns; multi-unit housing; the extent of public support; policies of other cities; information distributed to Councilmembers; and the multi-unit matrix. Angela de Dios, Coalition for Smoke Free Living, discussed her experiences with second-hand smoke and she asked that the City Council support the Coalition for Smoke Free Living in Culver City as she felt residents had the right to breathe smoke-free air in their own homes. Trevor Yang, Coalition for Smoke Free Living, discussed the campaign to regulate second hand smoke in multi-unit housing; his experiences with second hand smoke in his apartment; and he asked that the City support the coalition. Sherwood Kingsley, the Coalition for Smoke Free Living in Culver City; asked that the City Council pass an ordinance to prohibit smoking in multi-unit dwellings in Culver City; he noted that second hand smoke travels easily to different units and there is no safe level of exposure; he discussed tobacco smoke residue on walls and ceilings; and he indicated that the ordinance would benefit residents. September 24, 2012 5 o0o Receipt and Filing of Correspondence MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. Mayor Weissman received clarification that Action Items A-2 and A-5 would be postponed to a future meeting, and he encouraged anyone interested in receiving notice on when the items would be coming back to leave information with Management Analyst Jeremy Green. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR SEPTEMBER 1, 2012 – SEPTEMBER 14, 2012. o0o Item JC-2 JOINT CITY COUNCIL/SUCCESSOR AGENCY BOARD AGENDA ITEM: Adoption of Respective Resolutions Authorizing the Processing of Documentation Reflecting the Successor Agency’s Ownership of Former Culver City Redevelopment Agency Owned Real Property Murray Kane, City Special Counsel, noted that the second paragraph of discussion indicated that decisions of the Department of Finance are final assuming that they comply with applicable law and are also subject to judicial review. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: September 24, 2012 6 1. ADOPT A RESOLUTION AUTHORIZING THE PROCESSING OF DOCUMENTATION REFLECTING OWNERSHIP OF REAL PROPERTY BY THE SUCCESSOR AGENCY; AND 2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND, 3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY. o0o Consent Calendar MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-5. Item C-1 Approval of a Real and Personal Property Transfer Agreement, Bill of Sale, and Termination of Lease Agreement with Time Warner Cable Related to the Antenna Tower and Appurtenances Located in Culver City Park THAT THE CITY COUNCIL: 1. APPROVE A REAL AND PERSONAL PROPERTY TRANSFER AGREEMENT, BILL OF SALE, AND TERMINATION OF LEASE AGREEMENT WITH TIME WARNER CABLE; 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. o0o Item C-2 Award of a Construction Contract to Icon West Inc., as the Lowest Responsive and Responsible Bidder, for the Construction of the Transfer Station Wall Repair Project, P-948 THAT THE CITY COUNCIL: September 24, 2012 7 1. AWARD A CONSTRUCTION CONTRACT TO ICON WEST, INC., AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $71,740 FOR THE TRANSFER STATION WALL REPAIR PROJECT, P- 948; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE CHANGE ORDERS FOR A NOT-TO-EXCEED AMOUNT OF $15,000; 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 Item C-3 Approval of a License Agreement with Willy Bietak Productions for the Use of Parcel B for an Ice Skating Rink at 9300 Culver Boulevard (Parcel B) THAT THE CITY COUNCIL: 1. APPROVE A LICENSE AGREEMENT WITH WILLY BIETAK PRODUCTIONS INC. TO OPERATE AN ICE SKATING RINK AT PARCEL B; 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. o0o Item C-4 Adoption of an Ordinance Amending Section 17.230.015, Table 2-8 and Section 17.610.010 of the Culver City Zoning Code to Allow for the Expansion of Existing Private Schools Located in the Industrial General (IG) Zone, Subject to Approval of a Modification to an Existing Conditional Use Permit (Zoning Code Amendment ZCA P-2011154) September 24, 2012 8 THAT THE CITY COUNCIL: ADOPT THE PROPOSED ORDINANCE AMENDING TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE, SECTION 17.230.015, TABLE 2-8 (ALLOWED USES AND PERMIT REQUIREMENTS) AND SECTION 17.610.010 (NONCONFORMING USES), TO ALLOW FOR THE MODIFICATION AND/OR EXPANSION OF NONCONFORMING PRIVATE SCHOOL USES IN THE INDUSTRIAL GENERAL ZONE SUBJECT TO APPROVAL OF A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (ZONING CODE AMENDMENT ZCA P- 2011154). o0o Item C-5 Adoption of a Resolution Approving an Amendment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement THAT THE CITY COUNCIL: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT. o0o Order of the Agenda No changes were made. o0o Action Items Item A-1 Consideration of Whether to Place an Item on a Future City Council Meeting Agenda Related to a Request for a Fee Waiver for a Contemplated Variance Application by Mr. David Baker, Property Owner of 4272 Jackson Avenue Martin Cole, Assistant City Manager/City Clerk, provided a summary of the material of record noting that the question to consider is whether the City Council would like to hear a full discussion of the fee waiver request. Discussion ensued between staff and Councilmembers regarding the way the fee is calculated; studying the applicability of the current fee; clarification that September 24, 2012 9 variances are highly uncommon; the complexity and staff intensiveness of variance applications; initiating a study to review variance fees; whether a different class of fee is warranted for a single family residence; the original fee study; costs for staff time; actual costs; additional construction after purchase; whether the variance fee is accurate; basing the fee strictly on estimated staff hours; difficulty of coming up with an accurate estimate; having a fee structure that encourages compliance; and fee waiver vs. fee reduction. The City Council directed the City Manager to cause a study to be made of whether a separate category of variance fees for cases similar to the subject of this evening’s discussion was warranted and to return a report to the City Council at a future City Council meeting on this subject. o0o Item A-2 Consideration of the Installation of Shared Lane Markings (“Sharrows”) in the Sepulveda AIP Along Sepulveda Boulevard from Culver Boulevard to the City-limit Line South of Franklin Avenue John Nachbar, City Manager, requested that the item be postponed to a future meeting to allow time to expand notice requirements. The City Council concurred with the request and took no action on this item at this time. o0o Item A-3 Consideration of a Pending Vacancy on the Cultural Affairs Commission and Direction to the City Manager Related Thereto Jeremy Green, Management Analyst, provided a summary of the material of record. Discussion ensued between Councilmembers and staff regarding confirmation that options presented are legal; appreciation to Commissioner Musicant for her service; the importance of the arts in the community; confirmation that the remaining candidates from last June are still interested. September 24, 2012 10 The City Council concurred to bring back the two applicants from June for consideration at a future City Council Meeting. o0o Item A-4 Adoption of a Resolution Adding a Civil Penalty for the Misuse of Disabled Placard Parking Citation under California Vehicle Code Section 22511.56 to the City’s Civil Penalty Bail Schedule for Parking Violations; and Rescinding Resolution 2010-R083 Dave Tankenson, Police Captain, provided a summary of the material of record. Discussion ensued between staff and Councilmembers regarding the current parking enforcement situation; what enforcement efforts would be made; clarification that the resolution allows parking enforcement and community service officers to take action and issue a citation without having to call in a sworn officer from the field; what portion of the fine goes to the City; maximum fines for misdemeanors; the League of California Cities’ pursuit of accurate recovery costs; fines adjusted by judges; the portion of the monies allocated to cities; and criteria to determine the violation. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT A RESOLUTION ADDING A CIVIL PENALTY FOR THE MISUSE OF A DISABLED PLACARD PARKING CITATION UNDER CALIFORNIA VEHICLE CODE SECTION 22511.56 TO THE CITY’S CIVIL PENALTY BAIL SCHEDULE FOR PARKING VIOLATIONS, AND RESCINDING RESOLUTION 2010-R083. o0o Item A-5 (1) Introduction of an Ordinance to Amend Culver City Municipal Code Section 7.03.525 Regarding the Prohibition of Parking at Expired or Inoperable Parking Meters, and (2) Approval of the Use of Adhesive Stickers on City Parking Meters to Give Notice That Parking at an Inoperable Meter is Prohibited September 24, 2012 11 John Nachbar, City Manager, requested that the item be postponed to a future meeting to allow time for the Police Department to conduct additional review and analysis. The City Council concurred with the request and took no action on this item at this time. o0o Item A-6 Introduction of an Ordinance Adding a Subchapter Entitled “Very High Fire Hazard Severity Zone” to Chapter 9.02 of Title 9 of the Culver City Municipal Code to Designate Certain Properties in the Culver Crest Area a Very High Fire Hazard Severity Zone Based on the California Department of Forestry and Fire Protection’s Recommendations Mike Bowden, Culver City Fire Marshal, provided a summary of the material of record. Discussion ensued between staff and Councilmembers regarding CalFire criteria to determine Fire Hazard Severity Zones; what constitutes fuel; topography; impacts to property owners; whether the designation has anything to do with the nearby oil drilling operations; costs to the property owner; clarification that the action is a state mandate; insurance costs; average costs to homeowners to clear brush; and brush clearance for wells. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: INTRODUCE AN ORDINANCE ADDING A SUBCHAPTER ENTITLED VERY HIGH FIRE HAZARD SEVERITY ZONES TO CHAPTER 9.02 OF TITLE 9 OF THE CULVER CITY MUNICIPAL CODE, TO DESIGNATE CERTAIN PROPERTIES IN THE CULVER CREST AREA A VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) BASED ON THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION’S RECOMMENDATIONS, AND WAIVE FURTHER READING. o0o Public Comment for Items NOT On the Agenda (Continued) September 24, 2012 12 Mayor Weissman invited public input. There was no response. o0o Items from the City Council Items from Councilmember Sahli-Wells • Noted previous requests for City Council support for Ballot Initiative 37 and asked about City Council policy regarding support for ballot measures with local concerns Discussion ensued between staff and Councilmembers regarding support for discussion of measures with City impacts; policy regarding legislative agenda; past practices; and City Council discretion. The City Council concurred and directed the City Manager to place a general policy discussion on a future City Council agenda for full discussion by the City Council prior to the Novemeber 5, 2012 election. • Discussed the Coalition for Smoke Free Living and requested an agendized discussion on creating policy for an ordinance for multi-family housing Discussion ensued between staff and Councilmembers regarding whether there is an existing subcommittee to vet the issues before the item comes to the City Council; information provided by the Coalition; actions by previous City Councils. The City Council agreed that staff provide additional information on this subject and the City Council could direct the City Manager at a future City Council meeting to place the issue on a future agenda after having reviewed the materials. Items from Vice Mayor Cooper September 24, 2012 13 • Discussed the possibility of naming a City building after Albert and Ursula Vera; reported on conversations with the Vera family; and requested agendizing a discussion of renaming Bush Way to Vera Way A discussion ensued between staff and Councilmembers regarding the City policy for naming. The City Council concurred to consider this item at a future City Council meeting in accordance with existing City Council policy on the subject. Items from Councilmember Clarke • Asked about the scheduled meeting for the Committee on Homelessness o0o Adjournment There being no further business, at 9:08 p.m., the City Council adjourned its meeting to a meeting on Monday, October 1, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council City of Culver City, California September 24, 2012 14 ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL SPECIAL MEETING OF THE October 1, 2012 CITY COUNCIL, CITY OF CULVER CITY 7:00 p.m. CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 7:01 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by Mim Shapiro. o0o Report on Action Taken in Closed Session None. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF RICHARD HEINEMAN, JIM MCDEMUS AND BOB WASSETHEUR. o0o Presentations October 1, 2012 2 Item P-1 Presentation of a Proclamation Designating October 3, 2012 as Walk to School Day Councilmember Sahli-Wells presented the proclamation. Representatives announced locations where students, parents and staff would be meeting for International Walk to School Day on October 3. Councilmember O’Leary asked residents to be careful of students walking to school and to be sensitive to planned activities for that day. o0o The following item was considered out of order. Receipt and Filing of Correspondence MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Community Announcements By City Council Members/Information Items From Staff Councilmember Sahli-Wells reported on a community meeting by the Green Space Advisory Committee on September 27; attending the Build-a-thon at Sony Studios for Habitat for Humanity for units going in on Globe Avenue; she discussed the unveiling of the Rainbow sculpture; reported that IndieCade would take place October 5-7; and she announced CycLAvia on October 7 happening all around Los Angeles. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Comment [mrc1]: May need to delete this. October 1, 2012 3 Barbara Honig, Culver City Sister Cities Committee, reported that December 2012 marked the 50 th anniversary of the formation of the Culver City Sister City Committee; she discussed activities to honor the cities with a two-part program on January 12; and she asked that the City co- sponsor the event. Mayor Weissman requested a letter detailing the request for sponsorship and he indicated that once the information was received, the City Council could agendize the issue for discussion. David VonCannon announced a community meeting to discuss Measure Y at the King Fahad Mosque open to all residents on October 2, and a meeting at the Four-Square Church on October 9 on the formation of a Tellefson Park Community Watch committee. Lynne Bronstein announced the publication of a new book called Alternate Lanes covering alternative methods of transportation in Los Angeles. Dr. Tom Williams reported issues with the Division of Oil, Gas and Geothermal Resources and indicated that the Sierra Club and Natural Resources Defense Council were available to help come up with a model ordinance to address the issues. May Frances invited everyone to attend IndieCade from October 5-7. Cary Anderson discussed parking issues connected to the 4043 Irving Place project. Discussion ensued between staff and Councilmembers regarding parking conditions connected with the 4043 project; strengthening language; mandating conditions of approval; discussions between staff and the developer; creating parking districts, district-wide parking standards, and uniform parking restrictions; and a suggestion was made to have the contractor talk to his employees. o0o Consent Calendar October 1, 2012 4 Item C-1 Adoption of an Ordinance Adding a Subchapter entitled Very High Fire Hazard Severity Zone to Chapter 9.02 of Title 9 of the Culver City Municipal Code, to Designate Certain Properties in the Culver Crest Area a Very High Fire Hazard Zone (VHFHSZ) Mayor Weissman invited public input. The following member of the audience addressed the City Council: Wena Dells expressed surprise at receiving a letter indicating her house is in an area that is now considered a VHFHSZ; she discussed the history of fires in the area; and she expressed support for building requirements indicated in the letter. Discussion between staff and Councilmembers ensued regarding the state mandate; field models to predict fire behavior; flying embers and the ability of a fire to spread; brush in the neighborhood; homeowner appeals to CalFire for reevaluation and designation; hazard issues vs. risk management issues; efforts to make the community safer; developing the brush area; changes for homeowners due to the designation; clarification that insurance companies are not supposed to take the designation into consideration when assessing insurance rates; the intent to mitigate a hazard; CalFire survey methods; and clarification that CalFire evaluates areas all over the state. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT AN ORDINANCE ADDING A SUBCHAPTER ENTITLED VERY HIGH FIRE HAZARD SEVERITY ZONES TO CHAPTER 9.02 OF TITLE 9 OF THE CULVER CITY MUNICIPAL CODE, TO DESIGNATE CERTAIN PROPERTIES IN THE CULVER CREST AREA A VERY HIGH FIRE HAZARD ZONE (VHFHSZ). o0o Order of the Agenda No changes were made. o0o October 1, 2012 5 Action Items Item A-1 Consideration of the Creation of a Citizens Committee on the Subject of Fracking Martin Cole, Assistant City Manager/City Clerk, provided a summary of the material of record Mayor Weissman invited public participation. The following members of the audience addressed the City Council: Rebecca Rona Tuttle requested support for the establishment of the Committee and she discussed hydraulic fracking and associated issues. Khin Khin Gee, Culver Crest Neighborhood Association, expressed support for the establishment of a committee; discussed residents with expertise in legal research and medicine already working to inform each other about risks associated with fracking; and discussed affects to the health of residents. Rebecca Hailey expressed support for the formation of a committee; she requested that all committee members disclose any affiliations with groups with interests in oil drilling; and she felt a committee could help provide clarity with decision-making. Stephen Murray, Baldwin Hills Oil Watch, felt that the scope of the committee appeared to be too limited and that the water injection walls should be addressed; discussed potential radioactive material displaced with regular oil operations; the oil and gas code; addressing the sources of the activity demand; suggested establishing a committee for all heavy industry activities as well as a sustainability committee; and he felt other oil operation activities should be included for committee consideration. Deborah Antoinese discussed the Viking Hikings; New York Governor Cuomo’s decision to hold off on fracking due to health impacts; either approving fracking or banning it; and she expressed support for the formation of a committee. October 1, 2012 6 Mim Shapiro discussed her experiences in Blair Hills; fracking; she expressed support for the formation of the Committee; and offered to serve. Dr. Tom Williams, The Sierra Club, offered assistance; discussed the Ross Dress for Less explosion; the St. James Oil Company; the Air Quality Management District presentation on October 5; the importance of protecting residents; and he expressed support for the committee. Paul Ferrazzi, Citizens Coalition for a Safe Community, discussed the northwest extension of the PXP plan; plans to drill under Ballona Creek; horizontally drilled wells; the Environmental Impact Report; plans to drill 100 wells by 2028; reserves under Culver City; wells under residential homes; the scope of the resolution; oil and gas extraction ordinances; and he volunteered to serve on the committee. Gary Silbiger expressed support for establishing a committee to discuss all oil issues rather than just fracking issues. Dr. Suzanne De Benedittis echoed the comments of previous speakers; volunteered to serve on the committee; discussed health issues; work already being done by citizen groups; she felt that the committee would give the work of the citizen volunteers more clout; and she discussed Mark Ridley Thomas’ Empowerment Councils. Goren Ericksson noted that fracking was one technology among many being used; he opposed formation of a fracking committee; he felt that fracking was an issue best left to City Council consideration; he did not want another layer between residents and the City Council; he felt the focus of a fracking committee was too narrow; and he questioned the value of a committee comprised of people with the same viewpoint. Barry Silver expressed support for the formation of the committee; felt a committee could assist the City Council in obtaining key information; and he offered to serve on the committee. Jane Brockman expressed support for the formation of the committee. October 1, 2012 7 Michelle Weiner, Transition Culver City, expressed support for the committee and for the expansion of the purview of the committee. Discussion ensued between Councilmembers and staff regarding whether expanding the purview of the committee would require re-agendizing the item; appreciation to all who came out to speak; the proposed oil drilling ordinance; the need for awareness of existing legislation; staff cuts and the current workload; information helpful to the City; the committee as a public forum; community outreach; public interest on the issue; expanding the topic; oil drilling vs. fracking; clarification that hydraulic fracturing is not the same as fracking; concern with the purpose of the committee; creating a fair and unbiased committee; the number of committee members; Brown Act requirements; meeting format; differences between the committee and groups like the Democratic Club or the Chamber of Commerce; concern with structure and restrictions; creation of an advisory committee; concern that only the two Councilmembers on the committee would receive information from the public; concern that information received would be filtered; the three minute speaking limit; clarification that at present there is a two-member ad hoc committee; the ability of the public to speak at committee meetings vs. at City Council meetings; the committee as more active and participatory; whether committee members would have to file financial disclosure forms; choosing who can serve on the committee; maintaining the status quo; clarification that the Dog Park group was not a City committee; the work of the City and consultants; whether a citizens committee would improve the quality or nature of the discussion; the spirit of the Brown Act; acknowledgement of legal considerations; addressing issues as a community; consultants and costs to the City; a belief that those interested in serving know about the Brown Act; establishing a committee outside of the City umbrella; the ability to communicate with the City Council; a feeling that now is not the time for a committee; the ultimate test of transparency and openness; wordsmithing of the ordinance; a feeling that the issue is too important and that Councilmembers, consultants and the legal team need to see all the information; having an advisory group to the ad hoc subcommittee; and public notification. Paul Ferrazzi requested information on the maximum file size capability for City Councilmember email systems. October 1, 2012 8 Dr. Suzanne De Benedittis discussed neighborhood councils in Los Angeles which would have obviated concerns raised by City Councilmembers, and she hoped that the City Council would rethink and revisit the issue as expert witnesses would be more agreeable to participate in a City sanctioned committee. Councilmember Clarke reported that the neighborhood councils in Los Angeles required members to file financial disclosure forms. The City Council took no action on this item. o0o Item A-2 Discussion about City Council Positions on Ballot Measures Mayor Weissman invited public input. The following member of the audience addressed the City Council: Goren Ericksson felt that a City should be very restrictive with taking stands on propositions, and that positions taken should be limited to propositions that have a direct impact on the City and its operation vs. effects on citizens. Councilmember Clarke suggested that the City Council take a position on ballot propositions that have a direct impact on the City Council’s subject matter jurisdiction; he proposed that such positions would require a super majority vote by the City Council; he suggested that for all other valid propositions, time could be set aside for individual Councilmembers to make individual statements of support or opposition; he suggested that consideration of official City positions could be agendized with enough time prior to the election for careful consideration but not before positions have been certified and published; and he felt that no official City funds or resources should be used in promoting City positions. Discussion ensued between staff and Councilmembers regarding determining direct impacts; subject matter jurisdiction; municipal affairs; the process; concern with taking away the October 1, 2012 9 ability to make an exception; issues affecting the civil rights of residents; concern with politically divisive propositions; work of the League of California cities; endorsement of items as individual Councilmembers; the GMO labeling initiative; actions of other City Councils and other city officials that have taken positions; Measure Y; maintaining a local focus; a suggestion to have staff bring forward a list of propositions that could affect the City; holding a Proposition night; staff suggestions for criteria to assist the City Council; the guidelines proposed by Councilmember Clarke; concern with taking time from local issues to consider Propositions; Proposition 30; concern with compromising Measure Y by expressing support for Proposition 30; agreement that Councilmembers would bring forth propositions that they would like agendized for discussion; and concern that the position of Councilmember could become political. The City Council took no action on this item. o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. The following member of the audience addressed the City Council: Paul Ferrazzi announced the annual PXP community meeting on October 15 at Knox Presbyterian Church, and he indicated that PXP would be posting the hydraulic fracturing study on their website on October 10, noting that many environmental non- profits would work to analyze the report and make comment. o0o Items from the Staff Carol Schwab, City Attorney, reported that staff would submit comments on October 10 regarding the draft EIR for the LAX Specific Plan Advisory Committee, and she indicated that a link to the draft EIR would be posted on October 2. Discussion ensued between staff and Councilmembers regarding a request that the three Culver City delegates be kept advised on the item; whether the item would come before the City Council; and the complexity of the EIR. October 1, 2012 10 o0o Items from the City Council Items from Councilmember Clarke • Asked about comments on the PXP Oil Drilling plan Items from Vice Mayor Cooper • Reported attending a meeting of the Westside Council of Governments where he requested support for a ban on fracking o0o Adjournment There being no further business, at 9:48 p.m., the City Council adjourned its meeting in memory of Richard Heineman, Jim McDemus and Bob Wassetheur to a meeting on Monday, October 8, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council City of Culver City, California October 1, 2012 11 ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE October 8, 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: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 5:30 p.m., the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Legal Counsel – Existing Litigation Re: City of El Segundo, et al. v. City of Los Angeles, et al. Case No. RIC 426822 Pursuant to Government Code Section 54956.9(a) CS-2 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (1 item) Pursuant to Government Code Section 54956.9(b)(1) CS-3 Conference with Legal Counsel – Anticipated Litigation Re: Initiation of Litigation – 1 Matter Pursuant to Government Code Section 54956.9(c) CS-4 Conference with Real Property Negotiators Re: 9480 Culver Boulevard (Town Plaza) City Negotiator: John Nachbar, City Manager; Martin R. Cole, Assistant City Manager Other Parties Negotiators: Los Angeles County Bicycle Coalition October 8, 2012 2 Under Negotiation: Both Price and Terms of Payment Pursuant to Government Code Section 54956.8 CS-5 Conference with Real Property Negotiators Re: 9070 Venice Boulevard (Media Park) Agency Negotiator: John Nachbar, City Manager; Martin R. Cole, Assistant City Manager Other Parties Negotiators: Share Our Strength Under Negotiation: Both Price and Terms of Payment Pursuant to Government Code Section 54956.8 o0o Reconvene The City Council reconvened its meeting at 7:02 p.m. with all Councilmembers present. o0o Report on Action Taken in Closed Session Mayor Weissman 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 Robert Montgomery. o0o Presentations Item P-2 (Out of Sequence) A Commendation to Dave Rabb Children’s Fitness Center in Recognition of their Contributions to the Disabled Community in Culver City Vice Mayor Cooper presented the commendation. o0o October 8, 2012 3 Item P-1 A Proclamation Designating October as Disability Awareness Month Councilmember O’Leary presented the proclamation. Dr. Jay Sherry expressed gratitude for the proclamation and announced upcoming events in recognition of Disability Awareness Month. o0o Item P-3 A Commendation to Mayra Fornos for her Contributions to the Disabled Community in Culver City Mayor Weissman presented the commendation. Mayra Fornos thanked the City for the honor. o0o Community Announcements By City Council Members/Information Items From Staff Councilmember Clarke thanked Captain Tankenson for quickly addressing the issue of oversized trucks parking on Hannum Avenue in Fox Hills, and he announced the creation of a community calendar at americantowns.com/ca/culvercity that can be reached from a link on the Culver City website. Vice Mayor Cooper thanked Stephanie Barish for another successful IndieCade event in downtown Culver City. Councilmember Sahli-Wells reported attending CycLAvia on October 7; she announced groundbreaking for The Help Group on October 11 and the Culver City Cultural Affairs Foundation fundraiser on October 12; she reported that PXP would release their fracking study online on October 10 with a presentation about it on October 15 at the Knox Presbyterian Church; and she announced the Culver City Education Foundation fundraiser on October 20. Mayor Weissman announced the Community Walk regarding Measure Y on October 13 starting in Veterans Park. October 8, 2012 4 Martin Cole, Assistant City Manager/City Clerk, announced that sample ballots were now available for the upcoming election on November 6; he indicated that information about the election and Measure Y were available on the City website; and he clarified that the last day to register to vote and/or file for an absentee ballot is October 22 with additional information available through the City website. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: David VonCannon announced an organizational meeting for the Tellefson Neighborhood Association on October 9 at Quest Church. Councilmember Clarke noted that information for all of the previously mentioned events could be found on the community calendar. Rebecca Rona invited everyone to attend a presentation by PXP at Knox Presbyterian Church on October 15 regarding the release of the findings of the long awaited fracking study; she discussed fracking and expressed hope that the City would eventually ban it; she expressed concern that the study was not conducted by an impartial party; and she indicated that the study would be released on PXP’s website on October 10. Karlo Silbiger, Culver City School Board, addressed concerns raised at the previous City Council meeting regarding establishing a fracking committee; he discussed the benefits of such a committee; and expressed support for the creation of a fracking committee. Rich Waters discussed a fungus spreading through the ficus trees in the City and he expressed concern regarding delays to an ordinance coming before the City Council regarding removal of the diseased trees. October 8, 2012 5 John Nachbar, City Manager, indicated that he would investigate the matter and contact Mr. Waters with additional information. Rick Tuttle invited everyone to attend the PXP presentation at Knox Presbyterian Church on October 15; he reported that Governor Cuomo of New York had pulled back from his decision to encourage fracking; and he discussed drilling induced earthquakes. o0o Receipt and Filing of Correspondence MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR SEPTEMBER 15, 2012 – SEPTEMBER 28, 2012. o0o Consent Calendar MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-3, C-5 AND C-6. Item C-3 (Out of Sequence) (1) Approval of a Standard Offer, Agreement and Escrow Instructions for the Purchase of Real Estate for the Property Located at 5718-5722 Bankfield Avenue for a Purchase Price October 8, 2012 6 of $1.4 Million; and (2) Approval of a Budget Amendment Related Thereto THAT THE CITY COUNCIL: 1. APPROVE A STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR THE PURCHASE OF REAL ESTATE FOR THE PROPERTY LOCATED AT 5718-5722 BANKFIELD AVENUE FOR A PURCHASE PRICE OF $1.4 MILLION; 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; AND, 4. APPROVE A BUDGET AMENDMENT APPROPRIATING $250,000 FROM THE SANITATION ENTERPRISE FUND AND $1,160,000 FROM THE SEWER ENTERPRISE FUND FOR THE PURCHASE OF THE SUBJECT PROPERTY. o0o Item C-5 (Out of Sequence) Adoption of a Resolution Approving an Encroachment Agreement with XO Communications for Use of the Public Right-of-Way Along Adams Boulevard, Washington Boulevard and La Cienega Boulevard THAT THE CITY COUNCIL: 1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH XO COMMUNICATIONS; 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. o0o October 8, 2012 7 Item C-6 Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-Way on Green Valley Circle THAT THE CITY COUNCIL: 1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH TIME WARNER CABLE FOR USE OF THE PUBLIC RIGHTS-OF-WAY ON GREEN VALLEY CIRCLE; AND, 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 Item C-1 (Out of Sequence) Approval of a Professional Services Agreement with California Claims Management Services (CCMS) to Provide Workers Compensation Administration Services Councilmember Sahli-Wells received clarification regarding fiscal advantages to using outside firms to settle workers compensation claims rather than in-house legal staff; measures put in place to reduce workplace injuries; the average number of claims; length of time to settle claims; and tracking the amount of claims filed and money allotted to the company processing the claims. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA CLAIMS MANAGEMENT SERVICES TO CONTINUE TO PROVIDE WORKERS COMPENSATION ADMINISTRATION SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $288,000 PER YEAR FOR EACH YEAR OF THE AGREEMENT; AND, 2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND, October 8, 2012 8 3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY. o0o Item C-2 (Out of Sequence) Amendment to the Existing Professional Services Agreement with Haynes Building Services to Continue Providing Citywide Janitorial Services Mayor Weissman invited public input. The following member of the audience addressed the City Council: Rich Waters discussed usage of tables at the Senior Center; supervision; the contract; and donated tables. Discussion ensued between staff and Councilmembers regarding responsibility for care of tables during set up and take down; direction to the contractors and their responsiveness; clarification that there are signs of significant wear on the tables but they do not pose any danger; the Haynes tables; the new tables; outdated tables; and the weight of various tables. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HAYNES BUILDING SERVICES TO PROVIDE CITYWIDE JANITORIAL SERVICES IN THE AMOUNT OF $522,692.40, PLUS THE COST TO PROVIDE EVENT SERVICE WORKERS AT $17.41/ HOUR, FOR THE INITIAL THREE YEARS OF THE PROPOSED AGREEMENT; AND, 2. AUTHORIZE THE EXTENSION OF THE AGREEMENT FOR AN ADDITIONAL TWO YEARS AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES AT AN AGREED UPON AMOUNT BASED ON THE CONSUMER PRICE INDEX; AND, 3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND October 8, 2012 9 4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY. o0o Item C-4 (Out of Sequence) Approval of an Amendment to the Existing Professional Services Agreement with Barry Kurtz to Support the Traffic Engineering Section of the Public Works Department Councilmember Clarke received clarification regarding the City policy with respect to expansion of an existing project. Discussion ensued between staff and Councilmembers regarding what is considered within the traffic study; disagreements between the Planning Commission and the City; the municipal ordinance; project analysis; impact of the project; findings required under the Conditional Use Permit; consideration of the entire project rather than incremental increases; clarification that the item under consideration is the traffic consultant contract rather than policies for traffic studies; defining projects; and existing conditions and related projects. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI- WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1) APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH BARRY KURTZ TO PROVIDE PART-TIME SUPPORT FOR THE TRAFFIC ENGINEERING SECTION ON PUBLIC AND PRIVATE DEVELOPMENT PROJECTS, WITH AN AGGREGATE NOT-TO- EXCEED AMOUNT OF $47,000; 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. o0o Order of the Agenda No changes were made. October 8, 2012 10 o0o Action Items Item A-1 Consideration of Appointment of a New Commissioner to the Cultural Affairs Commission Martin Cole, Assistant City Manager/City Clerk, provided a summary of the material of record. John B. Williams indicated a willingness to serve on the Commission and he discussed his experience and qualifications. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: APPOINT JOHN B. WILLIAMS TO FILL SEAT NUMBER TWO ON THE CULTURAL AFFAIRS COMMISSION FOR THE PERIOD OF NOVEMBER 1, 2012 THROUGH JUNE 30, 2013. o0o Item A-2 (1) Consideration of the Formation of a Finance Advisory Committee and (2) Adoption of a Resolution Establishing Such Committee and Approving Its Bylaws Jeff Muir, Chief Financial Officer, presented the material of record. Discussion ensued between staff and Councilmembers regarding the experiences of other cities. Mayor Weissman invited public input. The following members of the audience addressed the City Council: Crystal Alexander discussed the City’s public finance advisory committee in the 1980s; the track record of the City; the utility users tax; the hotel tax; the proposed sales tax increase; success of the committee; the basic bylaws; Councilmember intent; duties of the committee; and she suggested study items for the City’s outside auditors as well as adding an item to include other topics determined by the City Council to add flexibility. October 8, 2012 11 David VonCannon expressed concern with education and background requirements to serve on the committee; impacts to staff time; outcome vs. effort; time required for volunteers who would serve; and he suggested rethinking whether the committee should be formed. Stephen Murray discussed what he felt the function of the committee should be. Steve Reitzfeldt reported requesting the committee for the past ten years; discussed volunteering in the City; the requested qualifications; and he wanted to see the focus of the committee broadened to allow flexibility in the mission of the committee. Gary Silbiger suggested changes to the staff report; discussed successful resident based committees; the composition of and number of members on the committee; the selection process; duties of the committee; required expertise; he noted that Councilmembers were rarely members of such committees but could be non-voting members and act as liaisons to the committee; and he felt the proposal was top heavy with business representatives. Seth Horowitz, The Culver Hotel, discussed the demise of the redevelopment agency and management of incoming taxes, and he suggested areas for the committee to focus on. Goran Eriksson, Culver City Chamber of Commerce, noted that an integral part of support for Measure Y was the establishment of the Financial Advisory Committee; he expressed concern with the effectiveness of the committee with such a narrow focus; encouraged the City Council to expand the function of the committee; discussed the active nature of members of the Chamber; and expressed support for the establishment of the committee. Karlo Silbiger thanked those who encouraged the establishment of the committee; noted that establishment of the committee was part of the language of the School Board approval of Measure Y; he discussed the School District Budget Advisory Committee; the importance of giving direction to the committee; scope of work for the committee; and he expressed concern with having Councilmembers serve on the committee as he felt that would give them too much authority. October 8, 2012 12 Discussion ensued between staff and Councilmembers regarding transparency; the message that money raised by Measure Y would be spent responsibly; building confidence and communication in the community; the budget process; adding to the duties suggested in the report; addressing the issue of economic development; outreach and education; the bylaws; the labor representative; separation between departments and the committee; best practices; ways that Los Angeles County has worked to save money; flexibility with the number of committee members; concerns with staff time; the importance of the committee; the number of qualified applicants; resident support of Measure Y; Measure Y revenues and expenses; balance between business and residents in the membership; dissolution of the Treasurer’s Investment Subcommittee; the current Economic Development subcommittee; the focus on Measure Y in the creation of the committee; economic impacts to Culver City should Measure Y not pass; the most business-friendly cities in the region; and getting committee members up to speed. Responding to inquiry from Vice Mayor Cooper, Crystal Alexander provided information regarding the previous Financial Advisory Committee. Additional discussion ensued between staff and Councilmembers regarding the purpose of the previous Financial Advisory Committee; whether Councilmembers should serve on the committee; representatives from management groups; reinforcing the credibility of the City; formation of the committee and staffing; scope of duties and responsibility; the importance of a free flow of ideas; staff time necessary to support the committee; providing an avenue of appeal for the committee through the City Council; providing necessary information to the committee to fulfill their functions; the importance of regular meetings; the number of members and composition of the committee; qualifications and training; structuring the committee; the ability of any member of the public to ask staff any question they like; establishing a system for providing information to the committee; focusing on Measure Y; whether a school district representative should be included; maintaining the focus of the committee; assessing how Measure Y is performing; measuring the productivity of the committee; creating a specific focus; how long it will take for Measure Y money to come in; work of the committee before money comes in; whether the committee should formulate their charge and direction; understanding the dynamic of the City; whether to broaden the focus of the committee or keep it specific to Measure Y; adding or removing duties and responsibilities as October 8, 2012 13 circumstances dictate; resolving the issue of time consuming requests to staff; consensus of the committee when requesting staff information; consensus of the City Council that Councilmembers not serve on the committee; the level of interest from the public and qualified candidates; specifying the minimum number of each type of representative on the committee; and when the item would return to the City Council. The City Council requested this item return at a future City Council meeting to provide staff with additional time to revise the proposed bylaws consistent with tonight’s discussion. o0o Item A-3 Consideration of Comments on the Los Angeles World Airport Draft Environmental Impact Report for the Specific Plan Amendment Study Related to Proposed Expansion at Los Angeles International Airport (LAX) Councilmember Clarke indicated a need to recuse himself from the item and he exited the dais. Carol Schwab, City Attorney, provided a summary of the material of record. Barbara Lichtman, City Special Counsel, provided a summary of comments relative to the concerns of Culver City. Mayor Weissman invited public input. Martin Cole, Assistant City Attorney/City Clerk, indicated that June Lehrman had submitted a card but was no longer present and she had also submitted an e-mail that had been received and filed as part of the item. Discussion ensued between Councilmembers and staff regarding comments provided to the draft EIR; the state mandate to reduce greenhouse emissions; proximity of Culver City to the airport; noise, overflight and air quality; altitude of the aircraft; concern with the capacity enhancing potential and impacts; and appreciation that the City can submit comments under the California Environmental Quality Act. MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY COUNCILMEMBER October 8, 2012 14 SAHLI-WELLS THAT THE CITY COUNCIL: AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO SUBMIT COMMENTS ON BEHALF OF THE CITY, CONSISTENT WITH THE CITY COUNCIL’S CONCERNS AS EXPRESSED THIS EVENING. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: COOPER, O’LEARY, SAHLI-WELLS, WEISSMAN NOES: NONE ABSTAIN: CLARKE Councilmember Clarke returned to the dais. o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. The following member of the audience addressed the City Council: Stephen Murray received clarification regarding the website mentioned earlier in the evening listing Culver City events (americantowns.com/ca/culvercity). Discussion ensued regarding the community calendar on the City website and the belief that the americantowns website provides more flexibility with listing events. o0o Items from the City Council Items from Councilmember Clarke • Requested a way to find information regarding economic development related to hosting events such as IndieCade Discussion ensued between Councilmembers regarding a survey created to measure the impacts of the Car Show on local business, and a suggestion that as part of granting City sponsorships, each event conduct an exit survey with data to be shared with the City. • Encouraged people to visit the community calendar site americantowns.com/ca/culvercity Items from Councilmember Sahli-Wells October 8, 2012 15 • Received an update on the status of the Clean Air Resolution Assistant City Manager/City Clerk Martin Cole responded the item was scheduled for City Council consideration on October 22, 2012. • Questioned the time frame for the plastic bag ban Items from Mayor Weissman • Discussed a new 100% recyclable plastic bag o0o Adjournment There being no further business, at 10:13 p.m., the City Council adjourned its meeting to a meeting on Monday, October 22, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council, City of Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE October 22, 2012 CITY COUNCIL, CITY OF CULVER CITY 5:00 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:00 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember Meghan Sahli-Wells, Councilmember o0o Closed Session At 5:00 p.m., the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Real Property Negotiators Re: 9300 and 9400 Culver Blvd. and 9099 Washington Blvd. City Negotiators: John M. Nachbar, City Manager; Sol Blumenfeld, Community Development Director and Murray Kane, City Special Counsel Other Parties Negotiators: The Culver Hotel/Century Wilshire Inc. 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 Conference with Real Property Negotiators Re: 10808 Culver Boulevard (Former Armory Site) City Negotiators: City Manager John Nachbar, Assistant City Manager Martin Cole Other Parties’ Negotiators: The Wende Museum Under Negotiation: Both Terms and Price Pursuant to Government Code Section 54956.8 October 22, 2012 2 CS-3 Conference with Real Property Negotiators Re: 5640 Sepulveda Blvd. City Negotiator: John M. Nachbar, City Manager; Sol Blumenfeld, Community Development Director; Todd Tipton, Economic Development Administrator; and Murray Kane, City Special Counsel Other Parties Negotiators: CFT Development LLC, BevMo! Under Negotiation: Both Price and Terms Pursuant to Government Code Section 54956.8 o0o Reconvene The City Council reconvened its meeting at 7:03 p.m. with all Councilmembers present. o0o Report on Action Taken in Closed Session Mayor Weissman 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 Barbara Honig. o0o Presentations Item P-1 Tatsuo Fujiwara, Mayor of Kaizuka, Japan and the Culver City Sister City Committee Marla Wolkowitz, Culver City Sister City Committee, introduced Chair Kathleen McCann. Kathleen McCann discussed the Japanese earthquake and tsunami in March 2011 and resulting damages; support October 22, 2012 3 provided by Culver City; and a grant provided by Kaiser Permanente Benefits Group to help with recovery and relief. Tatsuo Fujiwara, Mayor of Kaizuka, speaking through an interpreter, thanked the City Council for their support; expressed appreciation for the partnership between the cities; discussed risk management and emergency preparedness; damage from the earthquake and tsunami; and recovery efforts. Mayor Weissman thanked those who assisted in the fundraising and Kaiser for the grant; he presented a certificate of appreciation to Mayor Fujiwara and a City Seal to Mayor Fujiwara and to Mr. Matsutami; he received framed artwork on behalf of the City; and he invited Sister City members to participate in a group photo. Marla Wolkowitz, Culver City Sister City Committee, announced a dinner to recognize the Mayor Fujiwara and his associate; she discussed money raised by Culver City; West City Unity Church; Jane Leonard; Essential Chocolate; and the City’s response. Additional discussion ensued between Councilmembers and the speakers regarding the status of recovery efforts. Councilmember Sahli-Wells recognized the work of the Public Works Department and discussed participation of the Culver City Bicycle Coalition. Recipients thanked the City for the honor. o0o Item P-2 Certificates of Recognition to the Participants in the 2012 Culver City Coastal Cleanup Day Councilmembers presented certificates of recognition to participants in the 2012 Culver City Coastal Cleanup Day. o0o Community Announcements By City Council Members/Information Items From Staff October 22, 2012 4 John Nachbar, City Manager, discussed a recent disaster preparedness drill. Martin Cole, Assistant City Manager/City Clerk, reported that October 22 was the last day to register to vote. Councilmember Clarke discussed the recent meeting of the community standards district; the meeting regarding the fracking study; the recent Culver City Historical Society meeting; and the Sip for Schools benefit for Culver City Schools. Councilmember O’Leary discussed Neighbors for Smart Rail who object to Phase 2 of the Exposition Light Rail continuing into Santa Monica. Councilmember Sahli-Wells reported the 40 th anniversary of the Clean Water Act noting that fracking was exempted from the Clean Water Act; thanked Parks, Recreation and Community Services Commissioners and staff for the Parks Tour she attended on October 14; and she discussed grants to improve the parks. Mayor Weissman announced performances by Culver City Performing Arts grant recipients Invertigo Dance Theatre on October 28 at Brasil Brasil Dance Center, and needtheater on October 23-24 at the Ivy Substation. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: Judith Martin Straw discussed walking to school vs. driving to school; senior volunteers; and the Safe Routes to School grant. Steven Rose announced a special screening of the new James Bond movie at the Sony Studios Cary Grant Theatre on November 14. October 22, 2012 5 Matthew Hetz expressed support for the Expo Line, and announced a concert by the Culver City Symphony Orchestra on November 16 at Veterans Auditorium. Discussion ensued between Councilmembers and Mr. Hetz regarding clarification that children were welcome to attend the concert and an upcoming Culver City Symphony Orchestra fundraiser on October 27 at Room and Board. Stephen Murray shared information on Proposition 37 and expressed support for the measure. Councilmember O’Leary encouraged interested parties to attend a meeting of the Baldwin Hills Conservancy on October 26 with consideration of a resolution authorizing a grant from Prop 40 funds for trail and pedestrian access improvements along Hetzler Road at the Baldwin Hills Scenic Overlook. Mayor Weissman clarified that the Gateway dedication would be after the meeting on October 26. o0o Receipt and Filing of Correspondence MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR SEPTEMBER 29, 2012 – OCTOBER 12, 2012. o0o Consent Calendar October 22, 2012 6 MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-2 AND C-4. Item C-2 (Out of Sequence) (1) Acceptance of Work Performed by FS Construction Company; (2) Authorization to File a Notice of Completion; (3) Authorization to Release the Retention Payment after the Expiration of the 35-Day Lien Period; for the Robertson Boulevard Pedestrian/Transit Connection Improvements Project, P-943 THAT THE CITY COUNCIL: 1) ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, FS CONSTRUCTION COMPANY, FOR THE ROBERTSON BOULEVARD PEDESTRIAN/TRANSIT CONNECTION IMPROVEMENTS PROJECT, P-943; 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; 3) AUTHORIZE THE RELEASE OF RETENTION FUNDS TO FS CONSTRUCTION COMPANY IN THE AMOUNT OF $10,730 UPON EXPIRATION OF THE THIRTY-FIVE DAY LIEN PERIOD. o0o Item C-4 (Out of Sequence) 1) Acceptance of Work Performed by CelPlan Inc., for the Jail Surveillance System Upgrade Project in the Police Department; 2) Authorization to File Notice of Completion of the Project; and 3) Authorization to Release Retention Funds after the Expiration of the 35-day Lien Period THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY CELPLAN, INC. FOR THE JAIL SURVEILLANCE SYSTEM UPGRADE IN THE POLICE DEPARTMENT; AND, October 22, 2012 7 2. AUTHORIZE THE CHIEF OF POLICE TO EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES COUNTY RECORDER’S OFFICE; AND, 3. AUTHORIZE THE RELEASE OF $6,464.24 IN RETENTION FUNDS TO CELPLAN, INC. FOLLOWING THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o Item C-1 (Out of Sequence) 1) Adoption of a Resolution Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District Excess Funds Grant Program in the Amount of $250,000 for the Syd Kronenthal Park Playground Rehabilitation Project; and, 2) Approval of a Budget Amendment to Appropriate the Funding for this Project Upon Receipt of the Fully Executed Grant Agreement Councilmember Sahli-Wells thanked those involved for their work on the grants. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT EXCESS FUNDS GRANT PROGRAM IN THE AMOUNT OF $250,000 FOR THE SYD KRONENTHAL PARK PLAYGROUND REHABILITATION PROJECT; AND, 2. APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE FUNDING FOR THIS PROJECT UPON RECEIPT OF THE FULLY EXECUTED GRANT AGREEMENT. o0o Item C-3 (Out of Sequence) (1) Acceptance of Work Performed by ACCO Engineered Systems; (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after Expiration of the 35-day Lien Period for the Veterans Memorial West Wing HVAC Replacement Project, P-132 October 22, 2012 8 Councilmember Sahli-Wells discussed the new system vs. the old system; feedback from staff and patrons; and the west wing. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, ACCO ENGINEERED SYSTEMS, FOR THE VETERAN’S MEMORIAL BUILDING WEST WING HVAC PROJECT, P-132; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES RECORDER’S OFFICE FOR RECORDATION; AND, 3. AUTHORIZE THE RELEASE OF $7,671.73 IN RETENTION FUNDS TO ACCO ENGINEERED SYSTEMS FOLLOWING THE EXPIRATION OF THE 35- DAY LIEN PERIOD. o0o Order of the Agenda No changes were made. o0o Action Items Item A-1 Consideration of the Concept of Participating in a Westside Cities Council of Government Bike Share Program, Including Allowing Sponsorship in the Public Right-of-Way Helen Kerstein, Management Analyst, provided a summary of the material of record. Discussion ensued between staff and Councilmembers regarding the regional approach vs. policies of individual cities; sponsorship; City boundaries and the importance of doing the program as a region; efforts to come up with a compatible system; Los Angeles; competition and compatibility; participating as part of the Westside Council of Governments; actions of other area cities; sponsorships; the billboard ordinance; advertising; October 22, 2012 9 ensuring that the ads pay for bike infrastructure; the regional nature of the issue; identifying areas where signage is appropriate; bringing the sign ordinance back for discussion purposes; the public right-of-way; capital costs; ongoing operating and maintenance costs; sponsorships; positive feedback from residents; being ready when the Council of Governments is ready to move forward; classifying the kiosk as a bus stop use; creation of a shuttle; participation zones; bus stop advertising; concern with having to allow billboards in the right-of-way; first amendment issues; bus transportation; signage; Bike Nation; single vs. multiple sponsorships. The City Council directed staff to investigate the billboard ordinance, single sponsorship with consideration of other advertising options, and to pursue conversation with the Westside Council of Governments on a regional approach. o0o Item A-2 Consideration of a Resolution in Support of Reducing Greenhouse Gas Pollution Under the Clean Air Act Mayor Weissman invited public participation. The following member of the audience addressed the City Council: Goren Eriksson expressed support for the environment; referenced a previous discussion by the City Council indicating that the City Council would only take positions that directly impact the City and operations; he discussed subject matter jurisdiction; and the primary responsibility and focus of the City Council. Discussion ensued between Councilmembers and staff regarding resolutions vs. propositions; legislative policy; support for becoming a Clean Air city; actions of other cities; past practices; and reaffirming what is currently done in Culver City. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: October 22, 2012 10 1. ADOPT A RESOLUTION IN SUPPORT OF REDUCING GREENHOUSE GAS POLLUTION UNDER THE CLEAN AIR ACT; AND, 2. DIRECT THE CITY MANAGER TO SEND A COPY OF THIS RESOLUTION TO ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR LISA P. JACKSON AND PRESIDENT BARACK OBAMA. o0o Item A-3 (1) Consideration of the Formation of a Finance Advisory Committee and (2) Adoption of a Resolution Establishing Such Committee and Approving Its Bylaws Mayor Weissman invited public comments. The following member of the audience addressed the City Council: Goren Eriksson, Chamber of Commerce, expressed appreciation to staff for expediting the matter. Martin Cole, Assistant City Manager/City Clerk, read a comment submitted by: Paul Ehrlich Councilmember Clarke proposed an amendment regarding selection of committee members and rotating members each year. Discussion ensued between Councilmembers and the speaker regarding the length of the suggested rotation; allowing the associations to select the individual with City Council ratification; the number of people serving on the committee; success of the Advisory Committee on Redevelopment; allowing flexibility; establishing a quorum; staff time; approved tasks and duties; labor and departmental representatives; the level of public interest in participating; bargaining units; the bylaws; appointment vs. ratification; the process for resident appointments vs. employee association appointments; and consecutive terms. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: October 22, 2012 11 ADOPT A RESOLUTION ESTABLISHING THE COMMITTEE WITH UP TO NINE MEMBERS AND APPROVING ITS BYLAWS, WITH THE AMENDMENT UNDER SECTION 2AC THAT THE CULVER CITY EMPLOYEE ASSOCIATION, THE FIRE FIGHTER GROUP, POLICE OFFICER ASSOCIATION, AND THE THREE MANAGEMENT GROUPS ARE RESPONSIBLE FOR CHOOSING A PERSON TO PUT FORWARD FOR A TWO- YEAR TERM TO BE RATIFIED BY THE CITY COUNCIL WITH THE UNDERSTANDING THAT IT IS A ROTATING POSITION WITH EACH BARGAINING UNIT TO GET A CHANCE TO SERVE. o0o Item A-4 Consideration of 1) Financial Assistance for Taste of the Nation 2013; 2) Designation of the Event as City-Sponsored; and 3) Approval of a License Agreement with Share Our Strength Related to the Event Mayor Weissman invited public comments. Martin Cole, Assistant City Manager/City Clerk, read a written comment submitted by: Gary Silbiger Discussion ensued between Councilmembers regarding parking and the financial implications of a sponsorship. Judy Walker, Share Our Strength, discussed parking for volunteers; attendee parking; valet parking; and distinguishing between patrons of Trader Joe’s and attendees. Discussion ensued between Councilmembers and the speaker regarding the availability of Parcel B; alternate plans; and renting parking at Culver Studios. Additional discussion ensued between Councilmembers regarding the food culture in Culver City; support for the event; designation of an amount for in-kind services; the IndieCade sponsorship; reduced support; clarification regarding parking; the number of volunteers needed; implications to the City and downtown businesses; and October 22, 2012 12 length of time necessary for volunteer parking. Judy Walker requested guidance from staff regarding parking issues; questioned when the status of Parcel B would be known; and she discussed metered parking. Further discussion ensued between staff and Councilmembers regarding City Council support for approval of the item with the removal of references to parking arrangements; the timeframe for the receipt of information regarding Parcel B; and actual costs for parking. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DESIGNATE TASTE OF THE NATION AS A CITY-SPONSORED EVENT; 2. APPROVE A LICENSE AGREEMENT WITH SHARE OUR STRENGTH RELATED TO THE USE OF MEDIA PARK FOR THE EVENT WITH THE REMOVAL OF REFERENCES TO PARKING ARRANGEMENTS; 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; AND 5. DIRECT THE CITY MANAGER TO RETURN AT A FUTURE CITY COUNCIL MEETING WITH ADDITIONAL INFORMATION REGARDING PARKING AND THE RELATED FEE WAIVERS REQUESTED BY TASTE OF THE NATION. o0o Item A-5 Consideration of: 1) Financial Assistance for the Los Angeles County Bicycle Coalition’s (LACBC) “Tour de Taste” Event; 2) Designation of the Event as City-Sponsored; and 3) Approval of a License Agreement with LACBC Related to the Event Martin Cole, Assistant City Manager/City Clerk, provided a correction to the staff report noting that proceeds of the event were to go to the Los Angeles County Bicycle Coalition, not the Culver City Bicycle Coalition as indicated. October 22, 2012 13 Councilmember Sahli-Wells disclosed that she was a founding member of the Culver City Bicycle Coalition which is a local chapter of the Los Angeles County Bicycle Coalition but does not currently hold a position. Councilmember Clarke indicated that he was also a member of the coalition but was not in a leadership position or in a position to benefit from the event. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DESIGNATE THE TOUR DE TASTE AS A CITY-SPONSORED EVENT AND DETERMINE THE AMOUNT OF IN-KIND FINANCIAL ASSISTANCE TO PROVIDE FOR THE EVENT TO BE $1,430; AND 2. APPROVE A LICENSE AGREEMENT WITH LACBC FOR USE OF TOWN PLAZA AND PARCEL B FOR EVENT ACTIVITIES; 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 Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. There was no response. o0o Items from the City Council Items from Vice Mayor Cooper • Thanked Parks, Recreation and Community Development Department staff, the Senior Center, the Disability Advisory Committee, The Girl Scouts, and the Exchange Club for their participation in the Disability Carnival October 22, 2012 14 o0o Adjournment There being no further business, at 9:52 p.m., the City Council adjourned its meeting to a meeting on Monday, November 12, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council, City of Culver City Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California 1 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE November 12, 2012 CITY COUNCIL, CITY OF CULVER CITY 5:30 p.m. CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:30 p.m. Present: Andrew Weissman, Mayor Jeffrey Cooper, Vice Mayor Jim B. Clarke, Councilmember Micheál O‘Leary, Councilmember* Meghan Sahli-Wells, Councilmember *Councilmember O’Leary exited the meeting at 10:12 p.m. o0o Closed Session At 5:30 p.m., the City Council recessed to Closed Session to discuss the following items: CS-1 Conference with Real Property Negotiators Re: 10808 Culver Boulevard City Negotiators: John Nachbar, City Manager; Martin R. Cole, Assistant City Manager Other Parties Negotiators: Wende Museum Under Negotiation: Both Terms and Price Pursuant to Government Code Section 54956.8 CS-2 Conference with Real Property Negotiators Re: 700 Corporate Pointe City Negotiators: John Nachbar, City Manager/Executive Director; Sol Blumenfeld, Community Development Director/Assistant Executive Director; Todd Tipton, Economic Development Administrator; Murray Kane, City Special Counsel/Successor Agency Special Counsel Other Parties Negotiators: IDS Real Estate Group November 12, 2012 2 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-3 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (1 item) Pursuant to Government Code Section 54956.9(b)(1) CS-4 Conference with Real Property Negotiators Re: 9300 Culver Blvd. (Parcel B) City Negotiators: John Nachbar, City Manager Other Parties Negotiators: Popular Press Media Group 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 o0o Reconvene The City Council reconvened its meeting at 7:01 p.m. with all Councilmembers present. o0o Report on Action Taken in Closed Session Mayor Weissman 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 Gilbert Barela. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF GEORGE J. PAYTON AND LIEUTENANT COLONEL GORDON SCOTT. o0o November 12, 2012 3 Presentations Item P-1 A Proclamation in Honor of Veterans Day 2012 Councilmember Clarke acknowledged Ray Delgado and Glen Jimenez from AmVets and he presented the proclamation. Glen Jimenez and Ray Delgado thanked the City for the honor. Neil Rubenstein, Jewish War Veterans, thanked the City for the honor. o0o Community Announcements By City Council Members/Information Items From Staff Councilmember Clarke announced that the City had been chosen to receive the 2012 Project of the Year Award for the Southern California Chapter of the Public Works Association. Charles Herbertson, Public Works Director, expressed appreciation for the recognition. Councilmember Clarke announced a free concert to celebrate the 50 th anniversary of the Culver City Symphony Orchestra on November 16 at Veterans Auditorium. Councilmember O’Leary reported enjoying the Civil War Reenactment in Moorpark and encouraged schools and residents to attend next year for the 150 th anniversary. Vice Mayor Cooper reported that the Boneyard would be closed on November 13 to allow for the installation of lighting. Councilmember Sahli-Wells thanked the voters of Culver City for passing Measure Y to maintain City services; congratulated Representative Karen Bass and Assemblymember Holly Mitchell on being re-elected; reported attending a fundraiser for the Culver City Bicycle Coalition and seeing a presentation on carbon emissions by Bill McKibbon at UCLA; discussed the unveiling of a gate across La Cienega at Kenneth Hahn Park; clarified that a rape on an MTA bus happened just outside of November 12, 2012 4 Culver City not within the City as is being reported; and she wanted to see violence against women stopped. o0o Joint Public Comment – Items Not on the Agenda Mayor Weissman invited public comment. The following members of the audience addressed the City Council: David Voncannon provided an update on unresolved issues with Tilden Terrace; discussed the Tellefson Park Community Association meeting; and he expressed appreciation for help from Todd Tipton and Councilmembers. Judith Martin-Straw, spoke representing We Tell Stories expressing appreciation for the continuing support of the City; she discussed the Front and Center Program at City elementary schools; and the summer We Tell Stories library program. Councilmember Sahli-Wells expressed support for We Tell Stories. Rich Waters expressed dismay that the issue of diseased ficus trees in the City had not been put on the agenda despite repeated requests; discussed the need for an ordinance to allow the City to take down diseased trees; arborist opinions; Schaeffer Avenue; he expressed concern with the spread of disease; and he asked that Public Works be allowed to take down the trees. Discussion ensued between staff and Councilmembers regarding the time frame for the ordinance; discussion of the issue by the Sustainability Subcommittee; the importance of the issue and the need to properly address it; the hazardous nature of trees that are removed; the process for replacement trees; expediting the process; attempts to save the diseased trees; why the ordinance is necessary; and documenting damage amounts. Elena Sweda Neff, Vector Control Board, discussed an increase in dead bird reports; reported that dead birds would not be collected again until March 2013; Asian Tiger mosquitos in El Monte; dengue fever epidemics in other November 12, 2012 5 countries; the progress of containment in the area; and she discussed the Baldwin Hills oil field and proposed fracking and Vector Control operations there. o0o Receipt and Filing of Correspondence None. o0o Joint Consent Calendar Item JC-1 JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY AGENDA ITEM: Cash Disbursements Councilmember Clarke thanked the Chief Financial Officer for adding the remarks section to the register. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR OCTOBER 13, 2012 – NOVEMBER 2, 2012. o0o Consent Calendar MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1, C-5, C-6 AND C-8. Item C-1 1) Acceptance of a Donation from the Culver City Sister City, Inc. Committee to Cover Material Costs for the Installation of a Sister Cities Sign; and 2) Authorization of the Purchase and Installation of a Sister Cities Sign and Plaque Near the Corner of Culver Boulevard and Duquesne Avenue THAT THE CITY COUNCIL: November 12, 2012 6 1. ACCEPT A DONATION FROM CCSCC TO COVER MATERIAL COSTS FOR THE INSTALLATION OF A SISTER CITIES SIGN; AND, 2. AUTHORIZE THE PURCHASE AND INSTALLATION OF A SISTER CITIES SIGN AND PLAQUE NEAR THE CORNER OF CULVER BOULEVARD AND DUQUESNE AVENUE. o0o Item C-5 (Out of Sequence) Adoption of a Resolution Approving an Encroachment Agreement with AboveNet, Inc. for Use of the Public Right- of-Way along Washington Boulevard between Keystone and Mentone Avenues THAT THE CITY COUNCIL: 1. ADOPT A RESOLUTION APPROVING THE ENCROACHMENT AGREEMENT WITH ABOVENET FOR THE USE OF THE PUBLIC RIGHT-OF-WAY ALONG WASHINGTON BOULEVARD BETWEEN KEYSTONE AND MENTONE AVENUES; AND, 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 Item C-6 1) Authorization for the Preparation of a Project Study Report Equivalent for a Project to Develop Citywide Synchronized and Optimized Traffic Signal Timing Plans with Selected Traffic Volume Count Stations and Approve a Related Budget Amendment, and 2) Authorize the City Manager to Submit a Grant Application for this Project to the Los Angeles County Metropolitan Transportation Authority’s 2013 Call for Projects THAT THE CITY COUNCIL: 1) AUTHORIZE THE PREPARATION OF A PROJECT STUDY REPORT EQUIVALENT (PSRE) FOR A PROJECT TO DEVELOP CITYWIDE November 12, 2012 7 SYNCHRONIZED AND OPTIMIZED TRAFFIC SIGNAL TIMING PLANS WITH SELECTED TRAFFIC VOLUME COUNT STATIONS; AND, 2) APPROVE A BUDGET AMENDMENT APPROPRIATING $12,000 IN PLAYA VISTA DEVELOPER FUNDS TO FUND CONSULTANT PROFESSIONAL SERVICES FOR THE PREPARATION OF THE PSRE AND METRO CALL FOR PROJECTS APPLICATION; AND, 3) AUTHORIZE THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AS PART OF THE 2013 CALL FOR PROJECTS. o0o Item C-8 (Out of Sequence) Amendment to the Existing Professional Services Agreement with Fleming Environmental Inc. to Continue Providing Designated UST Operator Services, Environmental Compliance Testing, and Associated UST and AST Component Repair at Four (4) City Fuel Sites THAT THE CITY COUNCIL: 1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH FLEMING ENVIRONMENTAL TO PROVIDE DESIGNATED UNDERGROUND STORAGE TANK (UST) OPERATOR SERVICES, ENVIRONMENTAL COMPLIANCE TESTING, AND ASSOCIATED (UST) AND ABOVE GROUND STORAGE TANK (AST) COMPONENT REPAIR AT FOUR (4) CITY FUEL SITES IN A NOT-TO-EXCEED AMOUNT OF $35,674.00 FOR THE INITIAL THREE YEARS OF THE PROPOSED AGREEMENT; AND, 2. AUTHORIZE THE EXTENSION OF THE AGREEMENT FOR AN ADDITIONAL TWO YEARS AT THE DISCRETION OF THE PUBLIC WORKS DIRECTOR/CITY ENGINEER IN A NOT-TO-EXCEED AMOUNT OF $26,821.20; 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 November 12, 2012 8 Item C-2 (Out of Sequence) Approval of a Memorandum of Understanding with the Culver City Chamber of Commerce Regarding the Parties Cooperation in Community Events, Projects and the General Economic Development of the City Councilmember Sahli-Wells clarified that the Chamber of Commerce was covering the cost of the banners and noted that public discussion of additional events would be available if necessary. Councilmember Clarke expressed appreciation for the chance to work with the Chamber of Commerce and he noted the work of the Chamber on the Economic Development Subcommittee. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL: 1. APPROVE THE TWO-YEAR MEMORANDUM OF UNDERSTANDING WITH THE CULVER CITY CHAMBER OF COMMERCE REGARDING THE PARTIES COOPERATION IN COMMUNITY EVENTS, PROJECTS AND THE GENERAL ECONOMIC DEVELOPMENT OF THE CITY; AND 2. AUTHORIZE THE CITY MANAGER TO APPROVE THE ADDITIONAL TWO-YEAR EXTENSION OF THE MOU ADMINISTRATIVELY; AND 3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND 4. AUTHORIZE THE CITY MANAGER EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY. o0o Item C-4 (Out of Sequence) 1) Acceptance of a Grant through the Department of Transportation’s Bicycle Transportation Account Grant Program to Fund Bicycle Parking; and, 2) Approval of a Budget Amendment to Appropriate the Grant and Matching Funds November 12, 2012 9 Vice Mayor Cooper thanked staff for pursing the grant that would allow additional bicycle parking. Councilmember Sahli-Wells noted the improvement in bicycle racks; discussed rack placement; bicycle theft; and visibility. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL: 1. APPROVE ACCEPTANCE OF THE BICYCLE TRANSPORTATION ACCOUNT GRANT; AND, 2. APPROVE A BUDGET AMENDMENT TO APPROPRIATE $5,000 IN GAS TAX FUNDS FOR THE GRANT MATCH; AND, 3. APPROVE A BUDGET AMENDMENT TO APPROPRIATE $45,000 IN GRANT FUNDING. o0o Item C-7 (Out of Sequence) (1) Acceptance of Work Performed by Pavement Coatings Co.; (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after Expiration of the 35-day Lien Period for the 2012 Residential Slurry Seal Program, P-863 Councilmember Sahli-Wells received clarification regarding slurry seal complaints and concerns. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, PAVEMENT COATINGS CO., FOR THE CONSTRUCTION OF THE 2012 RESIDENTIAL SLURRY SEAL PROGRAM, P-863; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES COUNTY REGISTRAR-RECORDER’S OFFICE FOR RECORDATION; AND, November 12, 2012 10 3. AUTHORIZE THE RELEASE OF $18,833.41 IN RETENTION FUNDS TO PAVEMENT COATINGS CO. FOLLOWING THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o Item C-3 (Out of Sequence) (1) Review and Approval of the Downtown Culver City Business Improvement District Advisory Board’s Annual Work Program and Budget, and (2) Adoption of a Resolution of Intent to Conduct a Public Hearing on December 10, 2013 to Consider Levy of the Downtown Business Improvement District Assessment for 2013 Mayor Weissman indicated the need to recuse himself as he is a member of the Downtown Business Improvement District and he exited the dais. Martin Cole, Assistant City Manager/City Clerk, reported that should the matter be approved, it would be considered at a Public Hearing on December 10, 2012. Vice Mayor Cooper invited public participation. The following member of the audience addressed the City Council: Cary Anderson distributed information to Councilmembers; provided background on the Downtown Business Improvement District; discussed parking meter rate increases and time restrictions; meter rates in the downtown area; losses to the City; and he suggested providing a revenue sharing arrangement with the Downtown Business Association. Vice Mayor Cooper received clarification regarding collections for delinquent businesses. MOVED BY COUNCILMEMBER CLARKE AND SECONDED BY COUNCILMEMBER SAHLI-WELLS THAT THE CITY COUNCIL: 1. APPROVE THE BID ADVISORY BOARD’S 2013 ANNUAL REPORT AS FILED WITH THE CITY CLERK; AND, November 12, 2012 11 2. ADOPT A RESOLUTION OF INTENTION SETTING DECEMBER 10, 2012, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE CONTINUATION OF THE DOWNTOWN CULVER CITY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2013. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Clarke, Cooper, O’Leary, Sahli-Wells NOES: None ABSENT: None RECUSED: Weissman Mayor Weissman returned to Council Chambers. o0o Order of the Agenda No changes were made. o0o Public Hearings Item PH-1 Introduction of an Ordinance Amending the Culver City Zoning Map, as Referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, Establishing the Washington National Transit Oriented Development Planned Development (PD) Zone - No. 11 Sol Blumenfeld, Community Development Director, provided a summary of the material of record. MOVED BY VICE CHAIR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF MAILING AND POSTING OF PUBLIC NOTICE. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Mayor Weissman invited public participation. There was no response. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER November 12, 2012 12 CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Discussion ensued between staff and Councilmembers regarding the comprehensive plan process; the distribution of uses; the precise plan; disposition of the property; the building envelope; building massing goals; the height limit; guarding against a big box type usage; the public space; landscaping; community input; land use studies; financial analysis; a boutique hotel usage; actual transit use in transit oriented developments; shuttle service; making transit more usable; financial incentives for businesses in the area; offering transit passes; appreciation to staff and the Planning Commission for their work; whether the property can be taken by the state; adoption of the zoning code amendments; the geography of the site; modifications to existing ordinances to allow the use of redevelopment tools; the right to exceed the 56-foot height limit; and a suggestion to bifurcate the motion to separate out the height limit. MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DETERMINE THAT NO ADDITIONAL ENVIRONMENTAL INFORMATION IS NEEDED BASED ON THE PLANNING COMMISSION’S ADOPTION OF THE FINDING THAT ZONING CODE MAP AMENDMENT, ZCMA – P2012085, PLANNING COMMISSION ZCMA RESOLUTION NO. 2012- P012, WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT; AND 2. INTRODUCE THE PROPOSED ORDINANCE AMENDING THE CULVER CITY ZONING MAP, AS REFERENCED IN TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE, SECTION 17.200.015, ESTABLISHING A PLANNED DEVELOPMENT ZONE FOR THE WASHINGTON NATIONAL TOD. MOVED BY COUNCILMEMBER CLARKE AND SECONDED BY COUNCILMEMBER O’LEARY THAT THE CITY COUNCIL INCLUDE THE PLANNING COMMISSION RECOMMENDATION IN SECTION X, SECTION B WITH RESPECT TO THE INCREASE IN HEIGHT LIMIT NOT EXCEEDING THE DEVELOPMENT THRESHOLDS PROVIDED IN THE PD ZONE. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Clarke, Cooper, O’Leary, Weissman NOES: Sahli-Wells ABSENT: None November 12, 2012 13 o0o Item PH-2 (1) Adoption of a Resolution Approving a General Plan Text and General Plan Map Amendment (General Plan Text Amendment GPTA- P2012100; and General Plan Map Amendment GPMA-P2012099) Amending the Land Use Element Regarding Public Parking Facilities; and (2) Introduction of an Ordinance Amending Title 17, Zoning, of the Culver City Municipal Code and the Culver City Zoning Map Regarding Alternative Parking Provisions and Establishing a Public Parking Facilities (PPF) Zone (Zoning Code Text Amendment ZCA-P2012101; and Zoning Code Map Amendment ZCMA-P2012102) MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF MAILING AND POSTING OF PUBLIC NOTICE. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. Sol Blumenfeld, Community Development Director, provided a summary of the material of record and requested that the item be continued to December 10, 2012 to allow time for staff to bring back the map changes with respect to Washington/ Centinela. Discussion ensued between staff and Councilmembers regarding non-required off-site parking; the ordinance; the draft ordinance recommendations; vetting the proposals with the community; the City-wide regulations; the Hayden Tract; off- site parking; surplus parking; automated parking; and the type of parking provided. Mayor Weissman invited public participation. There was no response. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Martin Cole, Assistant City Manager/City Clerk, noted that November 12, 2012 14 in order to continue the item to December 10, 2012 the public hearing would need to be reopened. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RE- OPEN THE PUBLIC HEARING. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CONTINUE THE ITEM TO DECEMBER 10, 2012. o0o Item PH-3 Introduction of an Ordinance Amending the Culver City Zoning Map, as Referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, Establishing Planned Development Zone No. 10 Zoning Code Map Amendment (ZCMA P- 2012020) and Approving a Comprehensive Plan (CP P-2012018) to Allow a Commercial Development Consisting of Approximately 41,735 Square Feet of Retail and Restaurant Uses and 38,732 Square Feet of Office Uses Located at 8810-8850 Washington Boulevard and 3920 Landmark Street MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF MAILING AND POSTING OF PUBLIC NOTICE. Thomas Gorham, Planning Manager, provided a summary of the material of record. Mayor Weissman invited public participation. The following members of the audience addressed the City Council: Joseph Miller indicated that they had come up with a green solution to build a beautiful, energy efficient building and he thanked staff and the Planning Commission for their hard work. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE PUBLIC HEARING. November 12, 2012 15 Trevor Abramson, Abrahamson Teiger Architects, provided a presentation on the project. Joseph Miller discussed passive cooling; the time spent on the building concept; and alternative designs. Beatriz Sliva-Spies expressed support for the project and provided a petition signed by neighbors in support of the project. MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE PUBLIC HEARING. Discussion ensued between staff and Councilmembers regarding the façade on the parking structure; visibility of the cars; nighttime illumination; the art on Landmark; the guard rails; aesthetics; screening; and breathability. Discussion ensued between staff, Councilmembers and project representatives regarding passive cooling; the vote of the Planning Commission; exploration of multiple alternatives; adding a mechanical system to pump air through; breathable materials; mechanical issues; aesthetic issues; the architectural design and intent; concern with patchwork design; the necessity of having two sides of the project closed; the artwork on Landmark; ventilation requirements; the ability of the City Council to make design recommendations; the art component; the creativity of the design; and lighting issues. Marla Koosed, Vice Chair of the Cultural Affairs Commission, received clarification that there would be a component to allow for new media in the art display boxes. MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DETERMINE THAT THERE IS NO NEW INFORMATION OR SUBSTANTIAL CHANGES TO THE PROJECT SINCE THE PLANNING COMMISSION’S ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND, THEREFORE, NO ADDITIONAL ENVIRONMENTAL ANALYSIS IS REQUIRED; AND 2. INTRODUCE THE PROPOSED ORDINANCE, AMENDING THE CULVER CITY ZONING MAP, AS REFERENCED IN TITLE 17, ZONING, OF THE November 12, 2012 16 CULVER CITY MUNICIPAL CODE, SECTION 17.200.015, ESTABLISHING PLANNED DEVELOPMENT ZONE NO. 10 (ZONING CODE MAP AMENDMENT, ZCMA-P2012020) AND APPROVING A COMPREHENSIVE PLAN (CP P- 2012018). o0o Action Items Item A-1 Approval of a Memorandum of Understanding and Lease Agreement with the Wende Museum for the Property Located at 10808 Culver Boulevard (the Former Site of the National Guard Armory) Mayor Weissman invited public participation. The following members of the audience addressed the City Council: Dr. Justin Jampol, Wende Museum, provided background on the museum and thanked the City for their support. Gerald Sallus expressed support for the museum and hoped that the museum would work with the Historical Society. Christopher Patrick King, Culver City Homelessness Committee, noted that the Armory used to house the winter shelter program, and he expressed appreciation for the cooperation of the Wende Museum and support for the project. Marla Koosed expressed support for the project. Louise Coffey-Webb, Culver City Historical Society, expressed support for the project. Goran Erikkson, Chamber of Commerce, expressed support for the project. Julie Lugo Cerra, City Historian, expressed support for the project noting that it fell within the Cultural Plan and was natural redevelopment. Jeremy Green, Management Analyst, read written comments submitted by: November 12, 2012 17 Michelle Bernardin Catherine Yanda Discussion ensued between Councilmembers and Dr. Jampol regarding the Museum of Jurassic Technology; the cold weather shelter; contributions for public benefit; the Culver City Unified School District; cooperation with other cultural institutions; creating a Cold War Culver City Walking Tour and Cold War Film series; work with the Historical Society and other groups; and the 75-year lease. MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE A MEMORANDUM OF UNDERSTANDING AND LEASE AGREEMENT WITH THE WENDE MUSEUM REFLECTING THE TERMS CONTAINED IN THIS REPORT; 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. Councilmember O’Leary exited the dais. o0o Item A-2 (1) Consideration of City Sponsorship of the Culver City Sister City Committee’s 50th Anniversary Community Celebration on January 12, 2013 and (2) Approval of a Memorandum of Understanding Related thereto Mayor Weissman invited public participation. The following member of the audience addressed the City Council: Barbara Honig, Sister Cities Association, clarified that a previous sister city relationship in China had ended in 2004 by mutual agreement. MOVED BY COUNCILMEMBER CLARKE AND SECONDED BY COUNCILMEMBER SAHLI-WELLS THAT THE CITY COUNCIL: November 12, 2012 18 1. DESIGNATE THE CCSCC 50TH ANNIVERSARY COMMUNITY CELEBRATION AS A CITY-SPONSORED EVENT AND DETERMINE THE AMOUNT OF A REIMBURSEMENT FOR EVENT COSTS IN AN AMOUNT NOT TO EXCEED $1,648; AND 2. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CCSCC RELATED TO THE REIMBURSEMENT OF COSTS FOR THE EVENT; 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. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Clarke, Cooper, Sahli-Wells, Weissman NOES: None ABSENT: O’Leary o0o Public Comment for Items NOT On the Agenda (Continued) Mayor Weissman invited public input. There was no response. o0o Items from the City Council Items from Councilmember Clarke • Reported that on December 10, 2012 the Ad Hoc Committee on Legislation and Grants would be bringing forth a recommendation for a legislative program • Received consensus to agendize the establishment of a Centennial Committee for the 100 th anniversary of the City and discussed actions of neighboring cities Items from Mayor Weissman • Received consensus that a discussion of a Fiesta La Ballona MOU come forward on an agenda soon November 12, 2012 19 Martin Cole, Assistant City Manager/City Clerk, reported that applications to serve on the Financial Advisory Committee would be open on November 15 through mid-January with appointments considered in late January or early February. o0o Adjournment There being no further business, at 10:18 p.m., the City Council adjourned its meeting in memory of George J. Peyton and Lieutenant Colonel Gordon Scott to a meeting on Monday, December 10, 2012 at 7:00 p.m. o0o Martin R. Cole CITY CLERK of the City of Culver City, California EX-OFFICIO CLERK of the City Council Culver City, California ANDREW WEISSMAN MAYOR of the City of Culver City, California