THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE July 25, 2011
CITY COUNCIL, CITY OF CULVER CITY, 5:30 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 5:30
p.m.
Present: Micheál O‘Leary, Mayor
D. Scott Malsin, Vice Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Real Property Negotiators
Re: 9099 Washington Boulevard
Agency Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Director of Community
Development/Assistant Executive Director; Todd Tipton, Deputy
Community Development Director/Redevelopment Administrator;
and Murray Kane, Agency General Counsel
Other Parties Negotiators: Elvin W. Moon
Under Negotiation: Both Price and Terms of Payment, including
use restrictions, development obligations and other monetary
related considerations.
Pursuant to Government Code Section 54956.8 2
July 25, 2011
Closed Session
(continued)
CS-2 Conference with Real Property Negotiators
Re: 8511 Warner Drive, and 8660 Hayden Place/8550 Higuera
Street
Agency Negotiators: John M. Nachbar, City Manager/Executive
Director, Sol Blumenfeld, Community Development
Director/Assistant Executive Director, Todd Tipton, Deputy
Community Development Director/Redevelopment Administrator and
Murray Kane, Agency General Counsel
Other Parties Negotiators: Hackman Capital and Conjunctive
Points Warner Development (a.k.a. Samitaur Constructs/Fredrick
Smith)
Under Negotiation: Both Price and Terms of Payment, including
use restrictions, development obligations and other monetary
considerations
Pursuant to Government Code Section 54956.8
CS-3 Conference with Real Property Negotiators
Re: 10808 Culver Boulevard
City Negotiator: John M. Nachbar, City Manager; Martin R.
Cole, Assistant City Manager; Daniel Hernandez, Director of
Parks, Recreation, and Community Services
Other Parties’ Negotiators: State of California and The Wende
Museum
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-4 Conference with Real Property Negotiators
Re: 10866 Culver Boulevard
City Negotiator: John Nachbar, City Manager; Martin Cole,
Assistant City Manager
Other Parties Negotiators: Friends of the Culver City Scout
House and Culver City Rock and Mineral Club
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-5 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (2 items)
Pursuant to Government Code Section 54956.9(b)(1)
o0o 3
July 25, 2011
Recess
The City Council recessed to Closed Session at 5:30 p.m.
o0o
Reconvene
The City Council reconvened its meeting at 7:00 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 Ronnie Jayne, Culver City
Cultural Affairs Commissioner.
o0o
Presentations
Item P-1
Presentation of Commendations to Commissioners for their
Service to the City.
Councilmember Weissman presented the commendation to Vicki
Daly Redholtz for her service on the Parks, Recreation and
Community Service Commission.
Vicki Daly Redholtz thanked the City Council for the
commendation.
o0o 4
July 25, 2011
Item P-2
Presentation of a Commendation to former Disability Advisory
Committee Member Karen Hassan for 16 years of Service on the
Committee.
Councilmember Malsin presented the commendation to Karen
Hassan.
Steve Hassan thanked the City Council on behalf of Karen
Hassan.
Carol Schwab, City Attorney, commended Karen Hassan for her
dedication to the community.
o0o
Community Announcements by City Council Members/Information
Items from Staff
Martin Cole, Assistant City Manager/City Clerk, reported
speaking with former Civil Service Commissioner Sharon Zeitlin,
who sent her regrets that she could not be present at the
meeting to receive a commendation for her service on the
Commission.
Mayor O’Leary announced the 17
th
Annual Culver City Music
Festival in the City Hall Courtyard on Thursday evenings from
July 7 to August 25, 2011 and presented by the Culver City
Redevelopment Agency; a free performance by We Tell Stories at
the Julian Dixon Library on July 27, 2011; and performances by
the Culver City Public Theater on July 30 and 31, 2011 at
Carlson Park.
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:
Ronnie Jayne invited everyone to attend the Fiesta La Ballona
to be held on August 26-28, 2011. 5
July 25, 2011
Public Comment
(continued)
Elena Sweda Neff, Culver City representative to the Los
Angeles West Vector Control District, discussed public
education and noted that they would be present at the Garden
and Rock Club event on August 2, 2011 and also at Fiesta La
Ballona on August 27-28, 2011; and she also noted that West
Nile Virus had been reported in Santa Barbara.
Larry Thomas asked for consideration of posting signs
regarding removal of dog waste on Green Valley Circle.
o0o
Receipt of Correspondence
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE CORRESPONDENCE.
o0o
Consent Calendar
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT
CALENDAR ITEMS C-1 THROUGH C-6.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE REGULAR
MEETING OF JUNE 13, 2011 AS SUBMITTED.
o0o
Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR JULY 2,
2011 TO JULY 15, 2011. 6
July 25, 2011
Item C-3
Adoption of a Resolution Authorizing the Destruction of
Certain Records Retained by the Police Department.
THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R068
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS RETAINED BY THE
POLICE DEPARTMENT.
o0o
Item C-4
Approval of Special Permits to Allow Animals in Veterans’
Memorial Park for Entertainment Purposes on August 26, 27 and
28, 2011 during the Fiesta La Ballona to Freckle Farms for a
Petting Zoo and Pony Rides, and the Culver City Police
Department for a K-9 Dog Demonstration.
THAT THE CITY COUNCIL APPROVE SPECIAL PERMITS TO ALLOW ANIMALS
IN VETERANS’ MEMORIAL PARK FOR ENTERTAINMENT PURPOSES ON
AUGUST 26, 27 AND 28, 2011 DURING THE FIESTA LA BALLONA TO
FRECKLE FARMS FOR A PETTING ZOO AND PONY RIDES, AND THE CULVER
CITY POLICE DEPARTMENT FOR A K-9 DOG DEMONSTRATION.
o0o
Item C-5
Approval of Final Plans and Specifications and Authorization
to Publish a Notice Inviting Bids for the 2011 Residential
Overlay Project, Phase 2, P-863, P-903.
THAT THE CITY COUNCIL:
1. APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR THE 2011
RESIDENTIAL OVERLAY PROJECT, PHASE 2, P-863, P-903; AND
2. AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR
CONSTRUCTION OF THE 2011 RESIDENTIAL OVERLAY PROJECT, PHASE 2,
P-863, P-903.
o0o 7
July 25, 2011
Item C-6
Adoption of an Ordinance Opting-in to an Alternative
Redevelopment Program.
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 2011-008 OPTING-IN
TO AN ALTERNATIVE REDEVELOPMENT PROGRAM.
o0o
The following Consent Calendar Items were discussed and voted
on separately:
Item C-7
(1) Adoption of a Resolution Classifying the Various
Components of Fund Balance as Defined in Governmental
Accounting Standards Board Statement Number 54 Effective with
Fiscal Year 2010/2011 and (2) Delegation of Certain Authority
to the City Manager and Chief Financial Officer.
Responding to Councilmember Armenta, Jeff Muir, Chief
Financial Officer, clarified the delegation of authority to
the City Manager and Chief Financial Officer; assigned fund
balances; grants; and recommendations of the auditor.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2011-R069 CLASSIFYING THE VARIOUS COMPONENTS OF
FUND BALANCE AS DEFINED IN GASB 54 EFFECTIVE WITH FISCAL YEAR
2010/2011 AND TO DELEGATE CERTAIN AUTHORITY TO THE CITY
MANAGER AND CHIEF FINANCIAL OFFICER.
o0o 8
July 25, 2011
Item C-8
Adoption of a Resolution Approving a Two Year Memorandum of
Understanding with the Culver City Employees’ Association for
the Period of July 1, 2011 through June 30, 2013.
Councilmember Malsin expressed concern with serious budgetary
and financial challenges faced by the City and proposed
changes.
MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER
COOPER THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R070
APPROVING A TWO (2) YEAR MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE CULVER CITY EMPLOYEES ASSOCIATION FOR THE
PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2013.
AYES: Councilmembers Armenta, Cooper, Weissman, O’Leary
NOES: Councilmember Malsin
ABSTAIN: None
ABSENT: None
o0o
Public Hearings
Item PH-1
(1) Declaration of the results of the Assessment Ballot
Tabulation for West Washington Benefit Assessment District
Number Three; and, (2) Adoption of a Resolution Forming the
Assessment District, Confirming the Diagram and Assessment,
and Ordering the Improvements, Services and Annual Levy.
Martin Cole, Assistant City Manager/City Clerk, explained
procedures for the Public Hearing items.
Staff provided a summary of the material of record.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE
OPENED.
Mayor O’Leary invited public comment.
There was no response. 9
July 25, 2011
Item PH-1
(continued)
Martin Cole, Assistant City Manager/City Clerk, invited the
public to submit a ballot or change a vote received by mail by
the City Clerk’s Office.
There was no response.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE
CLOSED.
Mayor O’Leary indicated that tabulation on this item would
begin and the City Council would return to this item later in
the meeting.
o0o
Item PH-2
Consideration of (1) Applications from All Yellow Taxi, Inc.
and TMAT Corp. dba Taxi! Taxi! To Obtain Taxi Business
Operating Permits in Culver City and (2) a Request from Culver
City Yellow to Increase Their Number of City Decals from 20 to
30.
Jeff Muir, Chief Financial Officer, provided a summary of the
material of record.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE
OPENED.
Mayor O’Leary invited public comment.
The following members of the public addressed the City
Council:
David Gershwin, speaking on behalf of All Yellow Taxi,
discussed their strong record of service in Culver City and
the surrounding areas; training; their work with Access
Paratransit; their record of on time service; and requested a
“yes” vote on Motion 1A. 10
July 25, 2011
Item PH-2
(continued)
Tom Larmore, speaking on behalf of TMAT Corporation, dba Taxi!
Taxi!, discussed their track record and fleet; response times;
training; and he requested approval of their application.
Guido Scimeca indicated that he is a recent Access rider and
he supported all the applications.
Jack Garate, Global Paratransit, clarified that they provide
Access services in the Southern region; discussed performance
and quality service; and expressed support for All Yellow
Taxi.
Helen Fukuhara reported using Access Paratransit extensively
and expressed support for All Yellow Taxi.
Paul Magdziak, a Culver City Yellow Cab driver, discussed the
fact that business was slow; the number of permits being used;
and he clarified that they only service Culver City and did
not need more competition.
Andrey Primushko, United Independent Taxi Company and Culver
City Yellow Cab Company, discussed their many years in the
City; their participation in the Chamber of Commerce and
sponsorship of events; their performance and service time;
concern with too many licenses being issued; and he noted that
there was not a taxi stand in the City.
Abate Teferi, Culver City Yellow Cab, indicated that he only
drove in Culver City; he did not feel that companies from other
cities should be granted permits; and he expressed concern with
too many taxis in the City.
Steven Rose, Culver City Chamber of Commerce, discussed public
notice; noted that Culver City Yellow Cab and United
Independent Cab were members of the Chamber of Commerce and
supported City groups; and he discussed their record of
service. 11
July 25, 2011
Item PH-2
(continued)
Melese Adamu, Culver City Yellow Cab, discussed the history of
the company in the City; United Independent Taxi; demand and
the current economy; he requested a “no” vote for the proposed
increases except for the three additional permits requested by
Culver City Yellow Cab until the economy improves; he clarified
that they only operated in Culver City; noted that they were
working to ensure that the City was being properly served; and
he pointed out that they had never received a single complaint.
Alice Prasad, Associate Analyst, read written comments
submitted by:
Mohammed Abdul Karim
Wayne Sibilia
Public comment continued:
Mohammed Karim, Culver City Cab, discussed the drivers and
their experience; exclusive hotel contracts; and he expressed
concern with increasing the number of taxis in the City.
Ayman Radwam, Taxi! Taxi!, felt that the City needed hybrid
vehicles; discussed traffic impacts to the City; dedicated
vehicles to Culver City; testing the market to determine
demand; noted that they were a member of the Chamber of
Commerce; discussed the open market; their service record;
clarified that there were no exclusive accounts; and he felt
their vehicles were superior to those offered by other
companies.
Mayor O’Leary received clarification from Mr. Radwam that they
cannot honor calls from Culver City and although they drop off
in Culver City, they can not pick up anyone from Culver City.
Wayne Sibilia, Culver City Yellow Cab, felt that more taxis
were not necessary; noted that cabs working exclusively in
Culver City were struggling; discussed the economy; opposed
increases to the number of permits; discussed the number of
decals issued versus the number of decals being utilized;
expressed concern with commercializing the City and possible
overcharging of customers; and he discussed dedicated Culver
City drivers. 12
July 25, 2011
Item PH-2
(continued)
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE
CLOSED.
Discussion ensued between the City Council and staff regarding
healthy competition; input from customers; potential revenue
sources; the ability to revisit the item; the importance of
clean vehicles; a feeling that competition would lead to
improvements in overall air quality; serving the aging
community; and Beverly Hills Cab.
Councilmember Armenta moved the staff recommendation for
Motions 1A, 2A, and 3A.
Responding to Councilmember Cooper, Andrey Primushko, United
Independent Taxi, reported that United Independent Taxi serves
15 cities but Culver City Yellow Cab serves only Culver City;
and he clarified that the call station is located near
downtown Los Angeles.
Further discussion ensued between the City Council and staff
regarding whether businesses are solicited by taxi cab
companies; cabs from other cities dropping off in Culver City
but being unable to then pick up fares; free enterprise and
competition; and concern with having enough business to
sustain the companies.
In response to Councilmember Malsin, Melese Adamu, Culver City
Yellow, clarified that Culver City Yellow Cab and United
Independent Taxi are different entities and he provided
background on the companies.
Discussion continued between the City Council and staff
regarding increasing permits for Culver City Yellow Cab;
concern with companies losing interest due to lack of business
in the City; paratransit services; suspension and revocation
of permits; feasibility of adding a clause to indicate the
addition would be implemented on a trial basis with the caveat
that the last one in would be the first one out; issuance and
duration of permits; an overall assessment; and findings of
necessity to revoke permits. 13
July 25, 2011
Item PH-2
(continued)
Further discussion continued regarding the effective date;
opportunities to evaluate the level of service; the ability to
take action if the level of service is inadequate or
oversaturated; the necessity of making findings for non-
renewal of permits; impacts to existing permits; a four month
trial period; continuing the hearing to obtain additional
information regarding flexibility of the permit; implementing
a minimum number of decals to be utilized in order to have the
right to serve; concern there is not enough business in the
City; revisions to the Municipal Code; and reasons for the
changes to the policy in Santa Monica.
MOVED BY COUNCILMEMBER ARMENTA AND SECONDED BY COUNCILMEMBER
WEISSMAN, THAT THE CITY COUNCIL:
1A. MAKE FINDINGS DETERMINING THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE ADDITIONAL TAXICAB SERVICE WITHIN THE CITY
AND GRANT A TAXI BUSINESS PERMIT TO ALL YELLOW TAXI, INC.;
EFFECTIVE ON AUGUST 1, 2011, CONDITIONED ON THE COMPANY’S
COMPLIANCE WITH ALL TAXI AND BUSINESS REGULATIONS AS SET FORTH
IN THE CULVER CITY MUNICIPAL CODE; AND
2A. MAKE FINDINGS DETERMINING THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE ADDITIONAL TAXICAB SERVICE WITHIN THE CITY
AND GRANT A TAXI BUSINESS PERMIT TO TMAT CORP DBA TAXI! TAXI!;
EFFECTIVE ON AUGUST 1, 2011, CONDITIONED ON THE COMPANY’S
COMPLIANCE WITH ALL TAXI AND BUSINESS REGULATIONS AS SET FORTH
IN THE CULVER CITY MUNICIPAL CODE; AND
3A. (STAFF RECOMMENDATION) APPROVE THE REQUEST AND AUTHORIZE
THE ISSUANCE OF 10 ADDITIONAL CITY DECALS (FROM 20 TO 30) TO
CULVER CITY YELLOW.
AYES: Councilmembers Armenta, Cooper, Malsin, Weissman
NOES: None
ABSTAIN: Councilmember O’Leary
ABSENT: None
o0o 14
July 25, 2011
Item PH-1
(continued)
(1) Declaration of the results of the Assessment Ballot
Tabulation for West Washington Benefit Assessment District
Number Three; and, (2) Adoption of a Resolution Forming the
Assessment District, Confirming the Diagram and Assessment,
and Ordering the Improvements, Services and Annual Levy.
Martin Cole, Assistant City Manager/City Clerk, announced the
tabulation of assessment ballots, noting that a majority
protest did exist and that the proceedings could not continue.
He read a resolution for City Council consideration.
Discussion ensued between the City Council and staff regarding
the value the Redevelopment Agency has brought to the rest of
the neighborhood; the area of Ward, Washington Place and
Washington Boulevard; existing medians; abandoning linear
medians; carrying proceeds over to AIP 4; maintenance costs;
additional study of costs; how long until the assessment can
be considered again; conducting outreach and education; the
unique nature of the area; nearby assessment districts;
distribution of the vote; doing the project in phases;
creating more manageable assessments; and reassessing the
situation in the future.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. DECLARE THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR
WEST WASHINGTON BENEFIT ASSESSMENT DISTRICT NUMBER 3;
2. ADOPT RESOLUTION NO. 2011-R071 ABANDONING THE PROCEEDINGS
TO FORM THE DISTRICT, AND LEVY ASSESSMENTS THEREIN; AND
3. RETURN TO THE AREA FOR CONSIDERATION AS OTHER SEGMENTS OF
WEST WASHINGTON ARE COMPLETED.
o0o 15
July 25, 2011
Closed Session Report
Responding to an inquiry from Mayor O’Leary, Carol Schwab,
City Attorney, clarified that one item in Closed Session Item
CS-5 needed to be continued as it was not completed; and the
other would be rescheduled for a future meeting as it was not
addressed.
o0o
Action Items
Item A-1
(1) Consideration of the Culver City Exchange Club’s Request
to Extend the Operating Hours of the Beer and Wine Garden by
One Hour on Friday and Saturday; and, (2) Adoption of a
Resolution Granting a Permit to the Exchange Club to Conduct a
Beer and Wine Garden in Veterans’ Memorial Park During the
2011 Fiesta La Ballona.
Mayor O’Leary invited public comment.
There was no response.
Councilmember Cooper recused himself from this item and left
the dais.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R072
GRANTING A PERMIT TO THE CULVER CITY EXCHANGE CLUB TO CONDUCT
A BEER AND WINE GARDEN IN VETERANS’ MEMORIAL PARK DURING THE
2011 FIESTA LA BALLONA THAT EXTENDS THE OPERATING HOURS OF THE
BEER AND WINE GARDEN BY ONE HOUR ON FRIDAY AND SATURDAY.
AYES: Councilmembers Armenta, Malsin, Weissman, O’Leary
NOES: None
ABSTAIN: Councilmember Cooper
ABSENT: None
Councilmember Cooper returned to the dais.
o0o 16
July 25, 2011
Item A-2
Discussion and Direction Regarding a Recommendation to Place a
Ballot Measure on the April 10, 2012 Ballot to Increase the
City’s Transient Occupancy Tax Rate from 12% to 14%.
Martin Cole, Assistant City Manager/City Clerk, provided a
summary of the material of record.
Mayor O’Leary invited public comment.
The following member of the audience addressed the City
Council:
Steven Rose, Culver City Chamber of Commerce, noted the
absence of hotel representatives at this meeting; asserted
that travel and tourism was leading the economic recovery; and
suggested that representatives discuss the issues with staff
and the City Council.
Discussion ensued between the City Council and staff regarding
the Economic Development Subcommittee; utilizing an ad hoc
committee; and clarification that adding an ad hoc committee
require an agendized discussion.
Alice Prasad, Associate Analyst, read written comments
submitted by:
Vicki Daly Redholtz
At this time, the following motion was made:
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. DIRECT STAFF TO BRING BACK THE NECESSARY ITEMS FOR CITY
COUNCIL ACTION IN ORDER TO PLACE A MEASURE ON THE APRIL 10,
2012 BALLOT TO INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX
RATE FROM 12% TO 14%; AND
2. DIRECT STAFF TO RETURN TO THE CITY COUNCIL WITH APPROPRIATE
RESOLUTIONS INCLUDING AN ITEM TO FORM AN AD HOC COMMITTEE FOR
THIS PURPOSE.
o0o 17
July 25, 2011
Public Comment for Items Not on the Agenda – continued.
Mayor O’Leary invited public participation.
There was no response.
o0o
Items from the City Council
Items Presented by Councilmember Armenta:
• Inquired about a past request for formation of an ad hoc
committee regarding the study of a potential motion
picture museum in Culver City.
• Discussed neighborhood issues with the Helms Bakery Food
Festival held on July 15, 2011.
o0o
Items Presented by Councilmember Weissman:
• Commended the Culver City Employees Association (CCEA)
for their support of the MOU in Consent Calendar item
C-8.
o0o
Items Presented by Mayor O’Leary:
• Echoed Councilmember Weissman’s comments commending the
CCEA.
o0o 18
July 25, 2011
Adjournment
There being no further business, at 9:18 p.m., the City
Council adjourned its meeting to a meeting to be held on
August 8, 2011.
o0o
Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
APPROVED
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California
THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE August 8, 2011
CITY COUNCIL, CITY OF CULVER CITY, 5:03 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 5:03
p.m.
Present: Micheál O‘Leary, Mayor
D. Scott Malsin, Vice Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Real Property Negotiators
Re: 11042 -11056 West Washington Boulevard
Agency Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Director of Community
Development/Assistant Executive Director; Tevis Barnes,
Housing Administrator and Murray Kane, City Special
Counsel/Agency General Counsel
Other Parties Negotiators: Los Angeles Housing Partnership
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-2 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (2 items)
Pursuant to Government Code Section 54956.9(b)(1)
CS-3 Conference with Legal Counsel – Existing Litigation
Re: Donald Sipple v. City of Alameda et al.
Case No. BC462470
Pursuant to Government Code Section 54956.9(a) 2
August 8, 2011
CS-4 Conference with Labor Negotiators
City designated representatives: City Manager John Nachbar;
Director of Human Resources Serena Wright
Employee Organization: Culver City Employees Association;
Culver City Management Group; Culver City Police Officers
Association; Culver City Fire Fighters Association; Culver
City Police Management Group; Culver City Fire Management
Association
Pursuant to Government Code Section 54957.6
o0o
Recess
The City Council recessed to Closed Session at 5:04 p.m.
o0o
Reconvene
The City Council reconvened its meeting at 7:17 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 Dennis Hollingdrake.
o0o
Closed Session Report
Mayor O’Leary indicated there was nothing to report out from
closed session.
o0o 3
August 8, 2011
Presentations
Item P-1
A Presentation to the City Council from the Culver City Sister
City, Inc. and the City of Kaizuka, Japan.
Barbara Honig, Culver City Sister Cities Committee, thanked
the City for their support and read a letter from a Kaizuka
student delegate thanking them and describing their
experience.
Mayor O’Leary read a letter sent from the Mayor of Kaizuka,
Japan.
Daniel Dobbs, Culver City Firefighter, discussed the
relationship between the Culver City Fire Department and the
Kaizuka Fire Department.
Kathleen McCann, Culver City Sister Cities Committee, reported
on the Kaizuka exchange program; expressed appreciation to
City staff and to specific City residents and organizations
for their assistance; and she presented gifts to the City
Council from the City of Kaizuka, Japan.
Mayor O’Leary read a message in Japanese to the Mayor of
Kaizuka, Japan.
o0o 4
August 8, 2011
Community Announcements by City Council Members/Information
Items from Staff.
Councilmember Malsin encouraged everyone to see the Actors Gang
performances in Media Park on Saturdays and Sundays in August.
Mayor O’Leary announced the “Spirit of Black Folklore” on
August 10, 2011 at the Julian Dixon Library, put on by Culver
City Performing Arts Grant recipients, We Tell Stories; a
performance by Four Lads from Liverpool at the 17
th
Annual
Culver City Music Festival in the City Hall Courtyard on August
11, 2011 and presented by the Culver City Redevelopment Agency;
Big Bad Wolf Tales and Little Women on Saturdays and Sundays
through August 21, 2011 at Carlson Park and put on by Culver
City Performing Arts Grant recipients, The Culver City Public
Theatre.
Mayor O’Leary reported that Miss Culver City had won the Miss
California title and would be competing for Miss America; and
noted that he had been reappointed to the Board of the League
of California Cities, Los Angeles Division.
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:
Donna LeBlanc discussed parking permits on Lucerne Avenue and
she requested refunds for the incorrectly issued parking
tickets due to misprinted parking signs.
John Nachbar, City Manager, agreed to investigate the matter
and report back to the City Council. 5
August 8, 2011
Public Comment
(continued)
Robert Zirgulis felt the settlement with PXP could have been
accomplished without the large expenditure of City funds; he
discussed a resolution adopted by the Culver City Democratic
Club calling for a windfall profits tax on oil companies with
the money sent to Culver City Schools; the Tax on California
Oil Revenues Initiative; and he asked the City Council to
agendize a discussion of endorsing a resolution for the
initiative.
Nabil Abu-Ghazahleh, introduced himself as the new President
of West Los Angeles College and discussed improvements there.
Christopher Jackson reported being arrested on May 12, 2011
and requested assistance with his case.
Carol Schwab, City Attorney, agreed to speak with Mr. Jackson
regarding the matter.
Goran Ericksson, Culver City Chamber of Commerce, extended an
invitation to the celebration of the 90
th
anniversary of Culver
City on August 24, 2011.
Elena Sweda Neff, announced that the Los Angeles County West
Vector Control District would be at Fiesta La Ballona; she
reported working with staff to add information to the City
website and eliminate standing water in the City; she
discussed Africanized Honeybees; reported two cases of West
Nile Virus; and she indicated that West Vector Control
pamphlets were available at City Hall.
Ronnie Jayne extended an invitation to attend Fiesta La
Ballona on August 26-28, 2011 and she thanked sponsors.
Ela Valladares, Deputy City Clerk, read written comments
submitted by:
Rick Galiher
o0o 6
August 8, 2011
Receipt of Correspondence
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE CORRESPONDENCE.
o0o
Joint Consent Calendar
Item JC-1
Adoption of Resolutions Approving the Annual Investment Policy
for Fiscal Year 2011/2012.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2011-R073 APPROVING THE ANNUAL INVESTMENT
POLICY FOR FISCAL YEAR 2011/2012.
o0o
Consent Calendar
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-4, C-6 AND C-8.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE REGULAR
MEETING OF JUNE 27, 2011 AND THE MINUTES FOR THE REGULAR
MEETING OF JULY 11, 2011 AS SUBMITTED.
o0o
Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR JULY 16,
2011 TO JULY 29, 2011. 7
August 8, 2011
Item C-3
Adoption of a Resolution Amending City Council Policy 4101 for
Travel, Attendance at Conferences and Special Meetings or
Events, and Reimbursement for Expenses.
THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R074 AMENDING
CITY COUNCIL POLICY 4101 FOR TRAVEL, ATTENDANCE AT CONFERENCES
AND SPECIAL MEETINGS OR EVENTS, AND REIMBURSEMENT FOR
EXPENSES.
o0o
Item C-4
(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.
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;
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 8
August 8, 2011
Item C-6
(1) Approval of the Final Plans and Specifications and (2)
Authorization to Publish Notice Inviting Bids for the Baldwin
Avenue (Braddock Drive to Farragut Drive) Street Improvement
Project.
THAT THE CITY COUNCIL:
1. APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR BALDWIN
AVENUE STREET IMPROVEMENT PROJECT, P-428; AND,
2. AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR THE
BALDWIN AVENUE STREET IMPROVEMENT PROJECT, P-428.
o0o
Item C-8
(1) Acceptance of Work Performed by Minagar & Associates, Inc.
for the Citywide Traffic Light Synchronization Program (TLSP),
P-928; (2) Authorization to Record the Notice of Completion,
and (3) Authorization to Release Retention Funds Upon
Expiration of the 35-day Lien Period.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY MINAGAR & ASSOCIATES INC., FOR
THE IMPLEMENTATION OF THE CITYWIDE TRAFFIC LIGHT
SYNCHRONIZATION PROGRAM (TLSP); AND,
2. AUTHORIZE THE RECORDATION OF THE NOTICE OF COMPLETION; AND,
3. AUTHORIZE THE CITY MANAGER TO RELEASE $20,276 IN RETENTION
TO MINAGAR & ASSOCIATES INC., AFTER THE 35 DAYS LIEN PERIOD HAS
EXPIRED.
o0o 9
August 8, 2011
The following Consent Calendar Items were discussed and voted
on separately:
Item C-5
(1) Approval of the Write-Off of Existing Uncollectible
Accounts Receivable; and (2) Adoption of a Resolution
Establishing Procedures Effective July 1, 2011 for (a) the
Write-Off of Uncollectible Accounts Receivable and (b) Transfer
of Credit Balances to the City’s General Fund.
Discussion ensued between the City Council and Jeff Muir, Chief
Financial Officer regarding the billing policy for Fire
Inspection fees; uncollected fees; false alarms; the statute of
limitations for collecting outstanding fees; pursuing
collections; collection agencies; write offs; clarification
that the report includes 11 years worth of history; a request
for a report to illustrate the false alarms versus false alarms
billed for; and tying false alarm receivables to the issue of
renewals.
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE THE ATTACHED LISTING OF UNCOLLECTIBLE ACCOUNTS
RECEIVABLE FOR WRITE-OFF; AND
2. ADOPT RESOLUTION NO. 2011-R075 ESTABLISHING PROCEDURES
EFFECTIVE JULY 1, 2011 FOR (A) THE WRITE-OFF OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE; AND (B) THE TRANSFER OF CREDIT BALANCES
TO THE CITY’S GENERAL FUND.
o0o 10
August 8, 2011
Item C-7
Approval of Final Plans and Specifications and Authorization to
Publish Notice Inviting Bids for the Washington Boulevard/Boise
Avenue Pedestrian Crossing Signal Project,P-934.
Mayor O’Leary invited public comment.
The following member of the audience addressed the City
Council:
Pat Duncan, Culver Triangle Neighborhood Association, thanked
the City Council and Councilmember Malsin for their efforts on
this item.
Ela Valladares, Deputy City Clerk, read written comments
submitted by:
Susana Fattorini
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR THE
WASHINGTON BOULEVARD/BOISE AVENUE PEDESTRIAN CROSSING SIGNAL
PROJECT, P-934; AND
2. AUTHORIZE PUBLICATION OF NOTICE INVITING BIDS FOR
CONSTRUCTION OF THE WASHINGTON BOULEVARD/BOISE AVENUE
PEDESTRIAN CROSSING SIGNAL PROJECT, P-934.
o0o 11
August 8, 2011
Action Items
Item A-1
Adoption of a Resolution Approving and Adopting Amendments to
Civil Service Rules 2, 3, 7, 12 and 15 as Recommended by the
Civil Service Commission.
Mayor O’Leary invited public participation.
The following member of the audience addressed the City
Council:
Glenn Heald, Culver City Management Group, expressed support
for the staff recommendations.
Councilmember Armenta received clarification regarding the
average number of class specifications and revisions per year;
and expressed concern that the City Council should retain
making the final decision on new class specifications and
revisions to existing class specifications. Councilmember
Armenta requested that Rule 3 be separated out so he could vote
against it.
The following motions were voted on:
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2011-R076 APPROVING AMENDMENTS TO CIVIL SERVICE
RULES 2, 7, 12 AND 15 AS RECOMMENDED BY THE CIVIL SERVICE
COMMISSION.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
WEISSMAN, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R076
APPROVING AMENDMENTS TO CIVIL SERVICE RULE 3 AS RECOMMENDED BY
THE CIVIL SERVICE COMMISSION.
AYES: Councilmembers Cooper, Malsin, Weissman, O’Leary
NOES: Councilmember Armenta
ABSTAIN: None
ABSENT: None
o0o 12
August 8, 2011
Item A-2
Consideration of Creating, Providing a Charge and Target
Return Date, and Appointing Two Council Members to an Ad-Hoc
Subcommittee on Hotel and Transient Occupancy Tax Revenue
Enhancement Opportunities.
Mayor O’Leary invited public comment.
The following members of the public addressed the City Council:
Steven Rose, Culver City Chamber of Commerce, introduced Dennis
Hollingdrake with Courtyard by Marriott and Bill Ryder with
Doubletree Hotels, noting that they were willing to sit down
with staff or the City Council to discuss tourism and hotels in
the City.
Discussion ensued between the City Council and staff regarding
ways to enhance revenues and a suggestion to have staff meet
with Mr. Rose and other interested parties to gain further
information before creating an ad hoc committee.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
DIRECT THE CITY MANAGER TO COORDINATE INITIAL DATA
GATHERING AND ANALYSIS WITH THE CHAMBER OF COMMERCE AND
PROVIDE THE CITY COUNCIL WITH THE RESULTS OF SUCH EFFORTS
AT A FUTURE DATE.
o0o
Item A-3
Approval of the Installation of Speed Humps, on a Temporary
Basis, on Culver Park Drive and on Segrell Way, between
Sawtelle Boulevard and Slauson Avenue.
Gabriel Garcia, Traffic Engineer, provided a summary of the
material of record.
Councilmember Armenta received clarification that the Sepulveda
Boulevard widening project was expected to be completed in
October 2011. 13
August 8, 2011
Item A-3
(continued)
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Laura Stuart described traffic conditions in her neighborhood;
expressed concerns with safety; and requested speed bumps
during construction.
David Loupe recounted previous efforts to get speed bumps on
his street; noted that Fire Station #3 was no longer an issue;
discussed cut-through traffic and the Sepulveda Boulevard
expansion; Federal Express trucks; excessive speeds; signage;
and enforcement.
Linda Forest discussed additional traffic due to construction;
trucks; local traffic only signs; and she requested permanent
traffic humps.
Ann Treleven discussed continuing traffic problems; previous
meetings on the subject; opposition to the humps; and she urged
approval of the temporary speed humps.
Joseph Montoya expressed opposition to the speed humps; he
discussed police enforcement; he felt the petition was biased;
he questioned the wisdom of installing a speed hump near the
stop sign and how many properties were represented; he
discussed the lack of a financial analysis, public
notification, and the staff report; and he felt it was
impractical to install the humps three months before
construction was completed.
Paul Cummings expressed concerns with safety due to increased
traffic; reported difficulty getting out of his driveway; and
he expressed support for the installation of traffic humps.
David Potter expressed concern with traffic issues; reported
road rage incidents; discussed safety concerns and children in
the neighborhood; and he asked for support for the installation
of permanent speed humps in the neighborhood. 14
August 8, 2011
Item A-3
(continued)
Ela Valladares, Deputy City Clerk, read written comments
submitted by
Jack and Burdeane Rubin
Linda Kelley
Jean Shimotsu
Responding to Mayor O’Leary, Joseph Montoya clarified that he
was aware of traffic conditions when he bought his home and he
expressed concern that the installation of speed humps could
negatively affect his property values.
Discussion ensued between the City Council and staff regarding
the length of time that traffic and congestion has been an
issue in the area; other instances of temporary speed bump
installations in the City; acknowledgement that the issue
predates the construction project; examining data during and
after the construction project; cut through traffic; the time
frame for installation of the speed bumps; and dialog with
residents regarding placement.
Further discussion ensued regarding differences between
temporary and permanent installations; clarification regarding
the length of the trial period; finding neighbors willing to
help the process; placement of speed humps; alternative traffic
mitigation; the NTMP process; potential effects to property
values; the sixth month trial period; local funds allocated to
the Sepulveda Boulevard widening project; expediting the
process; and the distance between speed bumps and placement. 15
August 8, 2011
Item A-3
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. AUTHORIZE THE INSTALLATION OF SPEED HUMPS, ON A TEMPORARY
BASIS, ON CULVER PARK DRIVE AND ON SEGRELL WAY, BETWEEN
SAWTELLE BOULEVARD AND SLAUSON AVENUE; AND
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR AND CITY ENGINEER TO
EXECUTE A CHANGE ORDER TO P-881, IN AMOUNT NOT TO EXCEED
$23,000 FOR THE CONSTRUCTION OF 10 SPEED HUMPS AND $3,500 FOR
RELATED STRIPING AND SIGNAGE; AND
3. RETURN TO THE CITY COUNCIL WITH A REPORT IN SIX MONTHS FROM
THE DATE OF THE INSTALLATION OF THE SPEED HUMPS.
Councilmember Weissman received clarification regarding
location of speed humps throughout the City; the process for
permanent installation; and clarification that there are
currently no other temporary speed bumps in the City.
o0o
Public Comment for Items Not On the Agenda – Continued.
Mayor O’Leary invited public participation.
There was no response.
o0o
Items from the City Council
Items Presented by Councilmember Malsin:
• Requested that staff meet with representatives of the
California Green Business Program to discuss possible
implementation in Culver City.
o0o 16
August 8, 2011
Council Comments
(continued)
Items Presented by Councilmember Armenta:
• Inquired into a project of Golden State Water which has
created mini trenches on Washington Boulevard.
o0o
Items Presented by Mayor O’Leary:
• Expressed appreciation in receiving the State of the
City’s infrastructure report.
• Requested that staff write a response to Assemblymember
Bob Wieckowski to clarify that Culver City understands
why it is objecting to AB506.
• Received consensus from the City Council that he be
permitted to attend the Conference of Mayors in
Washington D.C. in January 2012.
• Requested that staff complete a survey from the
Department of Commerce, Economics and Statistics
Administration of the U.S. Census Bureau.
o0o 17
August 8, 2011
Adjournment
There being no further business, at 9:12 p.m., the City
Council adjourned its meeting to a meeting to be held on
August 22, 2011.
o0o
Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
APPROVED
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California