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THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE February 25, 2013
CITY COUNCIL 5:00 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Weissman called the meeting of the City Council 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
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Closed Session
At 5:00 p.m., the City Council recessed to Closed Session to
discuss the following items:
CS-1 Conference with Legal Counsel – Existing Litigation
Re: Rush Pacifica vs. Culver City Redevelopment Agency, et. al.
Case No. Los Angeles Superior Court No. SC113332
Pursuant to Government Code Section 54956.9(a)
CS-2 Public Employee Performance Evaluation
Title: Fire Chief
Pursuant to Government Code Section 54957
CS-3 Conference with Labor Negotiators
City designated representatives: City Manager John M. Nachbar;
Human Resources Director 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; City Attorney
Pursuant to Government Code Section 54957.6 February 25, 2013
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CS-4 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (1 item)
Pursuant to Government Code Section 54956.9(b)(1)
CS-5 Conference with Legal Counsel – Anticipated Litigation
Re: Initiation of Litigation – 1 Matter
Pursuant to Government Code Section 54956.9(c)
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Reconvene
The City Council reconvened its meeting at 7:06 p.m. with
all Councilmembers present.
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Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Richard Rownak.
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Report on Action Taken in Closed Session
Mayor Weissman indicated there was nothing to report from
closed session.
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Community Announcements By City Council Members/Information
Items From Staff
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER
AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED,
THAT IT BE ADJOURNED IN MEMORY OF CULVER CITY HIGH SCHOOL
SOCCER COACH DAVE SANCHEZ AND IN MEMORY OF THE ASSOCIATE PASTOR
OF SAINT AUGUSTINE’S CHURCH, FATHER RICHARD GLEASON.
Councilmember Sahli-Wells announced a meeting of the City
Council/School Board Liaison Committee on March 4 in the
Patacchia Room, and she encouraged everyone to sign up for
Community Emergency Response Training on March 5, 9, 16, and
23.
February 25, 2013
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Technical difficulties occurred with the sound in Council
Chambers and a portion of Councilmembers Sahli-Wells and
O’Leary’s comments were inaudible.
(Note from the City Clerk: While a portion of the comments
made by Councilmembers was not audible on the recording
devices, the City Council did not take any actions during this
period of technical difficulties.)
Councilmember O’Leary expressed regret at the passing of Father
Richard Gleason, announced a viewing on Wednesday, February 27
with the funeral on February 28, and he discussed Father
Gleason’s life and service.
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Joint Public Comment – Items Not on the Agenda
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
David Von Cannon, Tellefson Park Neighborhood Association,
reported a serious traffic incident on Culver Boulevard
involving a Culver City police car; he expressed concern
with traffic and congestion in the area; discussed the
widening of the 405 freeway; Tilden Terrace; and he
suggested investigating the possibility of a crosswalk in
the area.
Margot Bennett, Women Against Gun Violence, requested that
Councilmembers agree to place consideration of support of
Senator Dianne Feinstein’s Assault Weapons Ban, and a vote
to join Mayors Against Illegal Guns on the next City Council
agenda.
Councilmembers agreed to place the items on the agenda and
discussed scheduling.
Carlene Brown quoted Thomas Jefferson; discussed moral
interests and moral rights; expressed appreciation to
Councilmembers who supported the One Billion Rising event;
discussed the gun lobby; staff recommendations; gun
legislation endorsements; Mayors Against Illegal Guns; Gabby
Giffords’ organization; electing members of Congress not
supported by the National Rifle Association; the Executive February 25, 2013
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Order given by President Obama to reduce gun violence; and
she read a quote from Democracy One Day at a Time.
Richard Rownak expressed support for comments made by the
previous two speakers; discussed parking issues; changes in
the 4400 block of Sepulveda Boulevard that resulted in a
loss of parking; he reported contact with code enforcement;
discussed compliance; expressed concern with blight; and
asked for help in addressing the problem.
Mayor Weissman received clarification that sound issues with
the meeting broadcast were being rectified.
Karlo Silbiger discussed his experiences as a student in the
Culver City Unified School District; the passing of Culver
City school teacher Dave Sanchez; and he asked that the
meeting be adjourned in his memory.
Michael Donahue, Lyfe Kitchen, introduced himself and
expressed gratitude to the City and to the community;
discussed their employees and suppliers; catering; online
ordering; partnership with the community; he announced the
grand opening on March 8; he thanked Seth Horowitz; and he
discussed partnerships with local charities.
Councilmember O’Leary apologized for being unable to make
the opening earlier in the day.
Councilmember Clarke reported attending the opening.
Eric Sims, Kirk Douglas Theatre/Downtown Business
Association, introduced the new Executive Director of the
Downtown Business Association, Sylvia Bianchi.
Sylvia Bianchi expressed excitement about being part of the
community.
Michelle Weiner thanked the City Council and members of the
School Board for supporting One Billion Rising; she
discussed the correlation between gun ownership and domestic
violence; the decline in violent crimes in the City;
background checks; and she asked that the City Council
resolve to reduce access to hand guns and ammunition in the
City and the state.
Christopher Patrick King, Culver City Rotary Club, invited
everyone to the Follow the Yellow Brick Road Service and February 25, 2013
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Friendship event on March 14 honoring Community Heroes Mike
Cohen and the Culver City Education Foundation.
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Receipt and Filing of Correspondence
The City Council received and filed correspondence.
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Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
AGENDA ITEM: Cash Disbursements
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CASH DISBURSEMENTS FOR FEBRUARY 2, 2013 – FEBRUARY 15, 2013.
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Item JC-2
JOINT CITY COUNCIL AND SUCCESSOR AGENCY AGENDA ITEM:
Conditional Approval of a Settlement Agreement with Rush
Pacifica LLC Relating to Termination of Disposition and
Development Agreement Related to Parcel B
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL AND
SUCCESSOR AGENCY BOARD:
1. APPROVE A SETTLEMENT AGREEMENT BETWEEN THE CITY, THE
SUCCESSOR AGENCY, AND RUSH PACIFICA LLC CONTAINING THE TERMS
AND AMOUNTS INDICATED IN THIS STAFF REPORT (WITH THE SUCCESSOR
AGENCY’S APPROVAL BEING CONDITIONAL UPON APPROVAL OF THE
OVERSIGHT BOARD AND THE STATE DEPARTMENT OF FINANCE); AND,
2. AUTHORIZE THE CITY SPECIAL COUNSEL/SUCCESSOR AGENCY SPECIAL
COUNSEL TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
SUCH DOCUMENTS ON BEHALF OF THE CITY AND SUCCESSOR AGENCY, February 25, 2013
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RESPECTIVELY.
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Consent Calendar
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY
COUNCILMEMBER O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY
COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-7.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR MEETING
OF JANUARY 28, 2013, SPECIAL MEETING OF FEBRUARY 4, 2013 AND
THE REGULAR MEETING OF FEBRUARY 11, 2013.
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Item C-2
Adoption of a Resolution Authorizing the City Manager or
Designee to Execute Any Actions Necessary for the Purpose of
Obtaining Financial Assistance Provided by the California
Emergency Management Agency Under the Proposition 1B Transit
Security Grant Program
THAT THE CITY COUNCIL ADOPT A RESOLUTION AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ANY ACTIONS NECESSARY FOR THE
PURPOSE OF OBTAINING FINANCIAL ASSISTANCE PROVIDED BY THE
CALIFORNIA EMERGENCY MANAGEMENT AGENCY UNDER THE PROPOSITION 1B
TRANSIT SECURITY GRANT PROGRAM.
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Item C-3
Approval of Final Plans and Specifications and Authorization to
Advertise for Bids for the Citywide Sidewalk Repair Project, P-
428
THAT THE CITY COUNCIL APPROVE THE FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZE ADVERTISING FOR BIDS FOR
CONSTRUCTION FOR THE CITYWIDE SIDEWALK REPAIR PROJECT, PZ-428. February 25, 2013
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Item C-4
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-
Way on Slauson Avenue, Jefferson Boulevard, and Selmaraine
Drive
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 SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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Item C-5
Adoption of a Resolution Authorizing the Destruction of Certain
Documents in the Police Department
THAT THE CITY COUNCIL ADOPT A RESOLUTION AUTHORIZING THE POLICE
DEPARTMENT TO DESTROY CERTAIN OBSOLETE RECORDS AS LISTED IN
EXHIBIT A OF THE PROPOSED RESOLUTION.
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Item C-6
Approval of a Purchase Order with Hewlett Packard for Hardware,
Software and Service Support for the Smart Bus Network Upgrade
in an Amount Not to Exceed $132,440
THAT THE CITY COUNCIL:
1. APPROVE A PURCHASE ORDER WITH HEWLETT PACKARD IN AN AMOUNT
NOT TO EXCEED $132,440 ($120,000 PLUS $12,440 IN 10%
CONTINGENCY) FOR THE PURCHASE OF HARDWARE, SOFTWARE AND February 25, 2013
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MAINTENANCE SUPPORT FOR THE SMART BUS NETWORK UPGRADE, AND,
2. AUTHORIZE THE PURCHASING OFFICER TO EXECUTE THE PURCHASE
ORDER ON BEHALF OF THE CITY.
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Item C-7
Approval of a First Amendment to the Disposition and
Development Agreement and Grant Deed Covenant for the
Property Located at 5640 Sepulveda Boulevard
THAT THE CITY COUNCIL:
1. APPROVE A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT AND GRANT DEED COVENANT AFFECTING 5640 SEPULVEDA
BOULEVARD IN ORDER TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENT
FOR AN ALTERNATE USE FROM 12,500 SQ. FT. TO 8,500 SQ. FT.; AND,
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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Order of the Agenda
No changes were made.
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Action Items
Item A-1
Discussion of the City’s Proposed Participation in the Upcoming
CicLAvia Event Scheduled for April 21, 2013, including
Potential Allocation of City Resources and/or Funds, and
Direction to City Manager
Charles Herbertson, Public Works Director, provided a summary
of the material of record.
Discussion ensued between staff and Councilmembers regarding February 25, 2013
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the Sony Matching contribution; clarification on who would
cover any shortfall; the hub; insurance; production costs; and
City labor costs.
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Aaron Paley, CycLAvia, explained the nature of the event.
Discussion ensued between the speaker and Councilmembers
regarding access; crossing points; format; procedure; impacts
to businesses along the route; identifying Culver City;
eastbound traffic on Venice Boulevard; the traffic plan with
the City of Los Angeles; the hub; the potential number of
visitors to Culver City; and sit down restaurants along the
route.
Eric Sims, Downtown Business Association, expressed support for
the event noting that they were dedicating resources to support
it.
Seth Horowitz, The Culver Hotel, expressed support for the
event; discussed prior years when the event was held; the
location of Culver City along the route of the event; costs to
the City; and benefits to the City.
Michelle Weiner, Transition Culver City, discussed her
participation in previous CycLAvia events; sustainability; and
goals of Transition Culver City.
Eric Bruins thanked the City for their support of the recent
bicycle race in town; discussed the origins of CycLAvia; and
event hours.
Discussion ensued between staff and Councilmembers regarding
support for the event; benefits to local businesses and the
City; Planning; Public Works; safety; signage; involving
residents; encouragement to residents to participate in
fundraising and invest in the event; individual donations;
costs to the City; the fact that the City is a hub; using
Parcel B; traffic implications; concern with funding this event
when support to other events has been cut; and economic
development.
Councilmember O’Leary moved that Culver City be the hub for February 25, 2013
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CycLAvia; spend $12,500 for the event; approve the closure of
Main Street; and make use of Parcel B for the event.
Additional discussion ensued between Councilmembers and Aaron
Paley regarding Metro construction.
Vice Mayor Cooper indicated that he supported the event, but
mentioned that in the recent campaign for Measure Y the City
explained that the City was experiencing difficult financial
times. He added that there were a number of persons who were
making donations for the event and suggested perhaps an
additional $12,500 could be donated to cover the City’s costs.
Mayor Weissman indicated his support for the event as an
opportunity for economic development.
Councilmember Sahli-Wells seconded the motion and suggested
that the City become a co-sponsor. Councilmember O’leary
accepted tis suggestion as part of his motion.
Vice Mayor Cooper received clarification that co-sponsorship
would not cost the City anything since the City would already
be expending over $1,000 in Police and Public Works Services.
MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY COUNCILMEMBER
SAHLI-WELLS THAT THE CITY COUNCIL:
1. APPROVE MAIN STREET AS A HUB FOR CYCLAVIA; AND
2. ALLOCATE $12,500 IN CITY FUNDS FOR POLICE AND PUBLIC WORKS
SERVICES; AND,
3. APPROVE THE CLOSURE OF MAIN STREET TO AUTOMOBILE TRAFFIC
FROM APPROXIMATELY 6:00 A.M. UNTIL APPROXIMATELY 5:30 P.M. TO
6:00 P.M. ON SUNDAY, APRIL 21
2013; AND,
4. APPROVE THE USE OF PARCEL B FOR THE EVENT; AND,
5. APPROVE OFFICIAL CO-SPONSORSHIP OF CYCLAVIA BY THE CITY.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: CLARKE, O’LEARY, SAHLI-WELLS, WEISSMAN
NOES: COOPER
ABSENT: NONE February 25, 2013
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ABSTAIN: NONE
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Item A-2
Appointment of Members to the Finance Advisory Committee
Discussion ensued between Councilmembers and staff regarding
clarification that business owners received information
regarding qualifications that are part of the bylaws of the
Finance Advisory Committee; elected or appointed officials are
not eligible to serve on the committee including commissioners
and committee members; the bylaws were adopted in October 2012;
the committee would not be an ad hoc committee; and the
committee would operate under the Brown Act.
Mayor Weissman requested that business owner applicants who
choose to speak indicate whether they have met the
qualifications.
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Michel Chaghori introduced himself and thanked the City Council
for their consideration.
Discussion ensued between Councilmembers and staff regarding
the number of applicants that were ineligible to serve.
Harden ‘Alex’ Fisch, a resident applicant, reported
representing a municipality as a Chapter 9 debtor and he
indicated that he was present to answer any questions.
Discussion ensued between staff and Councilmembers regarding
application requirements for business owners; the staff report;
eligibility of candidates; notification; proper vetting of the
candidates; the selection process; whether the business
applicants had business licenses; endorsement of applicants; a
suggestion to consider resident applicants now and business
applicants at a later date; applicants who applied in both
categories; and support for continuing the matter.
James Everett Wright provided background on himself.
February 25, 2013
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Stephen Murray indicated that he was applying as both a
resident and a business owner; suggested increasing the number
of seats on the Committee to take advantage of the quality and
enthusiasm of the applicants; discussed responses to
application questions; community objectives; the importance of
reducing the impact on City resources during the information
gathering phase; and he indicated what he would do if appointed
to the Committee.
David Trovato introduced himself and indicated that he was
applying as a resident and as a business owner.
Goren Eriksson indicated that he was applying as a resident and
as a business owner and was available to answer questions.
Alejandro Lara discussed the evolution of Culver City; civic
engagement and participation; and he indicated that he was
available to answer any questions.
James Harris provided background on himself and discussed his
experience on the Citizen’s Budget Advisory Committee for the
Culver City Unified School District.
Steven Rose, Culver City Chamber of Commerce, indicated that he
was not an applicant; reported that the Chamber felt that any
business representative should hold a Culver City Business
License; and he indicated that he had provided a list of those
businesses without a license to staff.
Christopher Patrick King noted that he understood that he was
no longer eligible to serve on the committee; he echoed earlier
comments made by Stephen Murray; and he asked that it be stated
on future applications that if you are currently a member of a
committee or commission that you are not eligible to apply.
Steve Reitzfeld indicated that he had applied as a resident;
reported serving on the Landlord Tenant Committee but noted
that he would be willing to step down from that position if
appointed to the Finance Advisory Committee.
Karen Coyle provided background on herself and indicated that
she was available to answer questions.
Wendy Hamill indicated that she had applied as a resident and
she provided background on herself noting that she served as
the former Chief Financial Officer for the Didi Hirsch
Community Mental Health Center. February 25, 2013
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Mayor Weissman reported that the item would come back at a
later date for consideration and he requested there be
categories for residents and for qualified businesses.
Discussion ensued between staff and Councilmembers regarding
whether a person can apply if they currently serve in another
capacity and then step down from that position in order to
serve on the new committee; a suggestion to clarify eligibility
on the application form and indicate willingness to step down
from a current commission or committee on the application; the
boiler plate application; readability of the form; application
questions that are relevant to the committee; frustration with
the application process; and valuing the time of the
applicants.
Councilmember O’Leary noted that he had been out of the country
and he encouraged those who were unable to contact him
previously to try again.
Vice Mayor Cooper expressed concern that a Commissioner had
exited Council Chambers before it was noted that they would be
eligible to serve if they were willing to step down and he
wanted to make sure that person was notified of their option.
Councilmember Sahli-Wells received clarification that an email
would be sent to applicants explaining the situation and next
steps in the process.
John Nachbar, City Manager, apologized to the City Council for
the mishandling of the item.
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Item A-3
Appointments of Members to the Fiesta La Ballona Committee
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Randy Arizmendiz thanked the City Council for responding to his
questions and he provided background on himself.
February 25, 2013
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Ronnie Jayne was pleased that the event was being made official
and noted that she was available to answer any questions.
Vice Mayor Cooper asked applicants in the audience who did not
speak to state their name.
Councilmember O’Leary clarified that if Marcus Tiggs were
appointed to the Fiesta La Ballona Committee, he would be
ineligible for the Finance Advisory Committee which he also
applied for.
Discussion ensued between Councilmembers regarding the
remaining unfilled position.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPOINT RONNIE JAYNE TO FILL OFFICE #1 FOR A TERM, EXPIRING
JUNE 30, 2016;
2. APPOINT KAREN GIBBS TO FILL OFFICE #2 FOR A TERM EXPIRING
JUNE 30, 2016;
3. APPOINT RANDY ARIZMENDIZ TO FILL OFFICE #3 FOR A TERM
EXPIRING JUNE 30, 2016;
4. APPOINT MARCUS TIGGS TO FILL OFFICE #4 FOR A TERM EXPIRING
JUNE 30, 2016;
5. APPOINT STEPHEN M. FRY TO FILL OFFICE #5 FOR A TERM EXPIRING
JUNE 30, 2014;
6. APPOINT BETH HYATT TO FILL OFFICE #6 FOR A TERM EXPIRING
JUNE 30, 2014;
The City Council determined that the new Committee and staff
could monitor the functioning of the Committee with six members
(leaving Office #7 vacant). If there was a need, staff would
report to the City Council and request advertising for
applicants for Office #7.
Mayor Weissman thanked the applicants for their willingness to
serve the City.
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Item A-4
Discussion of a Request from the City Council’s Appointees to
the City Council/CCUSD Board Liaison Committee Related to
Direction Regarding the Use of the Mike Balkman Council
Chambers by the Culver City Unified School District Board of
Education and Direction to City Manager
Councilmember Sahli-Wells expressed support for rescheduling
the monthly Cultural Affairs Commission meeting in order to
accommodate the School Board so that they can hold both their
monthly meetings in City Council Chambers.
Vice Mayor Cooper expressed support for accommodating the
School Board but he did not want to displace the Cultural
Affairs Commission unless they were willing to move.
Mayor Weissman received clarification that the Cultural Affairs
Commission had not been notified that this item was on the
agenda.
Mayor Weissman invited public comment.
The following member of the audience addressed the City
Council:
Karlo Silbiger, Culver City School Board, provided background
on the item; discussed the issue of comfort and the importance
of the live telecast; school district headquarters; the ability
of the public to participate; space issues at the district
location; and rescheduling the Commission meeting on a
different Tuesday.
Nancy Goldberg, Culver City School Board, noted the importance
of transparency in the community and of making the meeting
available to students.
Mayor Weissman suggested holding the matter over until Cultural
Affairs Commissioners had a chance to weigh in on the matter.
Jeremy Green, Management Analyst, read written comments
submitted by:
Marla Koosed
Gayle Smashey
February 25, 2013
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Discussion ensued between Councilmembers regarding deferring
action on the item until the Cultural Affairs Commission could
discuss it; the vote of the City Council on the matter in
February 2011; the application process for the Commission; the
success of School Board meetings in Council Chambers; a
suggestion that both Commissions that meet on Tuesday try to
accommodate the School Board; and whether the School Board was
willing to change their meeting dates.
Karlo Silbiger reported that the School Board needed to meet on
a Tuesday evening and he indicated that he would check to make
sure that there was flexibility on their part.
Discussion ensued between staff and Councilmembers regarding
School Board meetings; City staff; school administration;
School Board identity; a suggestion that School Board members
attend the Tuesday Commission meetings to discuss the matter;
the minutes for the item in 2011; the number of people who
attend the School Board meetings vs. the number of people who
attend Commission meetings; and a suggestion to move the
Commission meeting to the Patacchia Room.
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Joint Public Comment – Items Not on the Agenda
Mayor Weissman invited public comment.
Jeremy Green, Management Analyst, read a written comment
submitted by:
Linda Taylor
Mayor Weissman requested additional information from staff on
proposed changes to the basketball courts at Fox Hills Park.
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Items from Staff
John Nachbar, City Manager, reported that staff was working
on how to address audio/visual issues in the room.
February 25, 2013
17
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Items from the City Council
Items from Councilmember O’Leary
• Announced Ford Driving Skills, a teen safety driving
event, at Hollywood Park on March 1-3
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Adjournment
There being no further business, at 9:26 p.m., the City Council
adjourned its meeting in memory of Culver City High School
Soccer Coach Dave Sanchez, and Associate Pastor of Saint
Augustine’s Church, Father Richard Gleason, to a meeting on
Monday, March 11, 2013 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
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THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE March 11, 2013
CITY COUNCIL 6:30 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Weissman called the meeting of the City Council to order
at 6:30 p.m.
Present: Andrew Weissman, Mayor
Jeffrey Cooper, Vice Mayor
Jim B. Clarke, Councilmember
Micheál O‘Leary, Councilmember
Meghan Sahli-Wells, Councilmember
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Closed Session
At 6:30 p.m., the City Council recessed to Closed Session to
discuss the following item:
CS-1 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)
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Reconvene
The City Council reconvened its meeting at 7:05 p.m. with
all Councilmembers present.
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Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Rich Kissel. March 11, 2013
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Report on Action Taken in Closed Session
Mayor Weissman indicated there was nothing to report from
closed session.
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Presentations
Item P-1
Presentation of Commendations and Presentation of Funds
Raised by the Friends of the Culver City Dog Park to the
City
Vicki Daly Redholtz presented a check to the City in the
amount of $35,000 to help pay for the lights in the Culver
City Dog Park, thanked the City Council and members of the
Friend’s Board, and she provided a presentation on the Dog
Park.
Vice Mayor Cooper presented commendations to NantWorks and
to Friends of the Culver City Dog Park.
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Community Announcements By City Council Members/Information
Items From Staff
Martin Cole, Assistant City Manager/City Clerk, asked that the
City Council adjourn to March 26, 2013 rather than the
regularly scheduled date as March 25, 2013 is the first night
of Passover.
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 TIM HARRELL,
FATHER OF CITY MANAGER’S OFFICE EMPLOYEE KATHLEEN HARRELL AND
IN MEMORY OF WAYNE SCOTT, LONGTIME INSTRUCTOR AND ADMINISTRATOR
AT CULVER HIGH.
Councilmember Sahli-Wells reported that on March 12 the Los
Angeles County Board of Supervisors would be deciding whether
to have the Clean Water Clean Beaches Measure assessment, and March 11, 2013
3
she announced the annual fundraiser for Friends of the Youth
Health Center on March 16 at the Culver City DoubleTree by
Hilton.
Mayor Weissman invited everyone to attend the Annual Mayor’s
Lunch on April 10 at the DoubleTree, sponsored by the Chamber
of Commerce.
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This item was taken out of sequence.
Receipt and Filing of Correspondence
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY VICE MAYOR
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE CORRESPONDENCE.
o0o
Joint Public Comment – Items Not on the Agenda
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Fred Yglesias discussed the anniversary of the first around
the world trip in an airplane by the United States Army.
Michael Laase, Friends of the Culver City Library, discussed
a planned facelift of the Julian Dixon Library in advance of
the 100
th
anniversary in 2015, and she announced a fundraiser
at Menchies Yogurt on Sawtelle from March 17-19.
Rich Waters thanked Councilmember O’Leary for helping get
two ficus trees removed on his street; he expressed
frustration with the length of the process and with the
process itself; and he discussed the Street Tree Master
Plan.
Discussion ensued between Councilmember Sahli-Wells and Mr.
Waters regarding the Street Tree Master Plan; efforts to
save the trees; actions taken by the City; concern with
delays and the chance of further infection; and the opinion
of the arborists.
March 11, 2013
4
Councilmember O’Leary announced that significant
construction would be done on the Sepulveda bridge from
March 13-29 and he encouraged people to visit buildexpo.org
to see how commutes could be impacted.
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 FEBRUARY 16, 2013 – MARCH 1, 2013.
o0o
Consent Calendar
Item C-1
Approval of an Amendment to the Existing Professional Services
Agreement with VCA Code Group for Building Inspection Services
Councilmember O’Leary asked about the building inspection
fiscal analysis, the budget amendment, and fiscal benefits to
the City.
Sol Blumenfeld, Community Development Director, discussed the
report of the Chief Financial Officer on budget amendments; the
commercial and industrial tax and increase in revenues;
appropriate plan checks and inspection activity; increases in
commercial and industrial permitting; increased business
activity that needs to be addressed; and contractual services
to meet the demand.
Discussion ensued between staff and Councilmembers regarding
efforts to expedite the process and address building inspection
needs to help businesses open sooner; clarification that costs
would be more than made up in fees and revenues; and
corrections to typos in Exhibit C.
THAT THE CITY COUNCIL:
March 11, 2013
5
1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH VCA CODE GROUP FOR AS-NEEDED BUILDING INSPECTION
SERVICES IN AN ADDITIONAL AMOUNT NOT-TO-EXCEED $35,000 FOR A
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $65,000; 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
Item C-2
Approval of an Agreement with J & G Sweeping and Maintenance to
Provide Cleaning Services in Downtown Parking Structures
Councilmember O’Leary indicated that he had received
clarification that water used to clean the parking structures
would be recaptured and reused.
THAT THE CITY COUNCIL:
1. APPROVE AN AGREEMENT WITH J & G SWEEPING AND MAINTENANCE TO
PROVIDE CLEANING AND MAINTENANCE SERVICES IN THE THREE DOWNTOWN
PARKING STRUCTURES; 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-3
Adoption of a Resolution Authorizing Submittal of
Application(s) for all CalRecycle Grants for which the City of
Culver City is Eligible, Including, the Household Hazardous
Waste Discretionary Grant Program
Councilmember O’Leary received clarification that generally
interest was not recouped for reimbursable grants from money
that is set aside, and that the amount was negligible.
March 11, 2013
6
Vice Mayor Cooper thanked Ms. Vargas and Mr. Skinner for
finding the grant.
THAT THE CITY COUNCIL ADOPT A RESOLUTION AUTHORIZING SUBMITTAL
OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY
OF CULVER CITY IS ELIGIBLE, INCLUDING, THE HOUSEHOLD HAZARDOUS
WASTE DISCRETIONARY GRANT PROGRAM.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-3.
o0o
Order of the Agenda
No changes were made.
o0o
Public Hearings
Item PH-1
Introduction of an Ordinance Amending Title 17, Zoning, of the
Culver City Municipal, Section 17.220.0015, Table 2-5; Section
17.230.015, Table 2-8; Section 17.260.035, and Table 2-11 to
Add “Food Retail” To the List of Permitted Uses in the
Commercial and Industrial Zones; Section 17.320.020.H, Table 3-
3B to Establish Parking Requirements for “Food Retail”;
and Section 17.700.010 to Add a Definition for “Food Retail”
(Zoning Code Amendment, ZCA P-201170)
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY VICE MAYOR COOPER
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE
THE AFFIDAVIT OF MAILING AND POSTING OF PUBLIC NOTICE.
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE
PUBLIC HEARING.
Discussion ensued between staff and Councilmembers regarding
the parking ordinance; takeout uses; the food retail
definition; wine bars; origin of the changes; changes to the March 11, 2013
7
parking ordinance in 2010; transition of uses to retail;
impacts to existing food retail shops; new established uses;
legal non-conforming; change of use; and clarification
regarding square footage listed on page 234.
Mayor Weissman invited public comment.
The following member of the audience addressed the City
Council:
Rich Waters questioned whether Culver City should become a city
full of places serving snack food given obesity issues in
America.
Martin Cole, Assistant City Manager/City Clerk, read a written
comment submitted by
Kevin Lachoff
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE
THE PUBLIC HEARING.
Discussion ensued between staff and Councilmembers regarding
clarification that the City is not trying to encourage snack
uses but rather to address their existence; addressing obesity
issues; neighborhood serving shops; bicycle parking
requirements; responding to the needs of those who are driving,
walking and biking to the locations; zoning requirements;
dissonance between the zoning ordinance and the Bicycle Master
Plan; bicycle parking requirements; current zoning ordinance
requirements; increasing bicycle parking; and consensus of the
City Council that the Planning Commission look at a text
amendment to bring the zoning ordinance and the Bicycle Master
Plan into agreement.
MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI-
WELLS AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL: INTRODUCE
AN ORDINANCE AMENDING TITLE 17, ZONING, OF THE CULVER CITY
MUNICIPAL CODE, SECTION 17.220.0015, TABLE 2-5; SECTION
17.230.015, TABLE 2-8; SECTION 17.260.035, AND TABLE 2-11 TO
ADD “FOOD RETAIL” TO THE LIST OF PERMITTED USES IN THE
COMMERCIAL AND INDUSTRIAL ZONES; SECTION 17.320.020.H, TABLE 3-
3B TO ESTABLISH PARKING REQUIREMENTS FOR “FOOD RETAIL”; AND
SECTION 17.700.010 TO ADD A DEFINITION FOR “FOOD RETAIL”
(ZONING CODE AMENDMENT, ZCA P-201170).
March 11, 2013
8
o0o
Item PH-2
Introduction of an Ordinance Amending Title 17, Zoning, of the
Culver City Municipal Code, Section 17.400.100 – Residential
Uses – Accessory Residential Structures and Section 17.610.020
– Nonconforming Structures (Zoning Code Amendment ZCA P-
2011100)
MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE THE AFFIDAVIT OF MAILING AND POSTING OF PUBLIC NOTICE.
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE
PUBLIC HEARING.
Thomas Gorham, Planning Manager, provided a summary of the
material of record.
Discussion ensued between Councilmembers and staff regarding
notification to abutting property owners; clarification
regarding legal non-conforming; plans already in process; new
submittals after the ordinance is adopted; the definition of
wet bar and kitchen; concerns of the Planning Commission;
distinguishing features of second units; concerns that a wet
bar could morph into a kitchen; turning accessory structures
into second units; code enforcement issues; compliance; whether
there has been an increase in plan checks since the issue came
up in 2011; complaints regarding accessory structures;
additions to accessory structures; initiation of the text
amendment; unintended consequences of the current zoning
restrictions; timing of resident notification; discretionary
action; building plan submittal; courtesy notice; concern with
providing false hope to neighbors that they can stop the
construction; allowing opportunity to plan for the
inconvenience of the construction; and making contact
information available to the neighbors in the notice and on the
worksite.
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Lyndon Stambler discussed location filming; the addition built March 11, 2013
9
by his neighbors; zoning ordinances that should have stopped
that structure; R-1 zoning; he expressed hope that the City
Council would prevent this from happening to anyone else; he
discussed notice by builders; the notification period;
increased parking requirements; and preserving the Carlson Park
neighborhood.
Discussion ensued between Councilmembers and staff regarding
timing of noticing and what would be included in the notice;
caveats and clarifications in the notice; and a suggestion that
the appropriate time to give notice is when the application is
filed with the building department.
Tom Camarella discussed the courtesy notice; mistakes made by
the building department; concern that he is stuck with a huge
structure 23 inches from his property line; making sure that
projects are done correctly; noticing requirements; he received
clarification that a wet bar was not allowed in the current
changes; he questioned why a three-quarter bath was allowed
rather than a half bath; he discussed height restrictions;
concern that if a structure is infested with termites it can be
replaced with a larger structure; the total volume; measuring
from the foundation; he expressed concern with patchwork zoning
and felt that an overhaul of the system was needed; he
discussed costs to the City; and willingness of professionals
in the community to help.
Discussion ensued between Mr. Camarella and Councilmembers
regarding legal non-conforming structures; catastrophic events;
and termites.
Sol Blumenfeld, Community Development Director, agreed to make
additional information available to the speaker and to City
Councilmembers noting that staff had spent a lot of time
addressing the issues.
Eleanor Osgood echoed previous comments made; expressed concern
that the same things keep happening; she discussed zoning;
neighborhood design guidelines; the General Plan; piecemeal
zoning; public notification; and she questioned why one
property owner gets to build their dream house at the expense
of their neighbors.
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE
THE PUBLIC HEARING.
March 11, 2013
10
Councilmember Sahli-Wells received clarification regarding the
definition of a three-quarter bath.
Sol Blumenfeld, Community Development Director, discussed
public notice; bathroom allowances; wet bars; the height of the
structure; legal non-conforming buildings; a disconnect between
building and planning; catastrophic issues; the measurement of
building height; the zoning ordinance; and volume vs. square
footage.
Discussion ensued between Councilmembers and staff regarding
support for the changes as a way to address concerns; the costs
and frequency of General Plan updates; amendments to the
Housing Element; planning efforts; detailed TOD planning;
multi-family guidelines; neighborhood consistency issues;
dealing with issues through text amendments; the previous
zoning ordinance update; notice of construction; being a good
neighbor; addressing neighbor concerns; balancing homeowner
rights while protecting neighbor rights; non-conforming
setbacks; property lines; Neighborhood Design Guidelines; staff
discretion; protocol; tips from the public; corrective
ordinance changes; corrections to the text of the amendment;
clarification that the code refers to legal non-conforming
structures; force majeure; consistency; amending existing
provisions; clarifying causes for replacement; whether the
structure has to be replaced according to current code;
missteps at the time of permit issuance; administrative
language; legal terms; clarity of language; and reports that
residents do not read notifications due to complicated
language.
MOVED BY VICE MAYOR COOPER, SECONDED BY COUNCILMEMBER O’LEARY
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: INTRODUCE AN
ORDINANCE AMENDING TITLE 17, ZONING, OF THE CULVER CITY
MUNICIPAL CODE, SECTION 17.400.100 – RESIDENTIAL USES –
ACCESSORY RESIDENTIAL STRUCTURES AND SECTION 17.610.020 –
NONCONFORMING STRUCTURES (ZONING CODE AMENDMENT ZCA P-2011100).
o0o
Action Items
Item A-1
Introduction of an Ordinance Amending Chapter 15.06, New
Development Fees, of the Culver City Municipal Code, by
Repealing and Replacing Sections 15.06.100 through 15.06.175 March 11, 2013
11
with New Sections 15.06.100 through 15.06.180, Relating to the
Art in Public Places Program
Christine Byers, Public Art and Historic Preservation
Coordinator, provided a summary of the material of record.
Mayor Weissman invited public comment.
The following members of the audience addressed the City
Council:
Michelle Bernardin expressed support for the item and she asked
that the Historic Preservation ordinance be updated as well.
In response to concerns raised by Mayor Weissman, Carol Schwab,
City Attorney, cautioned Cultural Affairs Commissioners present
not to speak in a way that could create dialogue or to make
overlapping comments that could be construed to be building
consensus.
Marla Koosed expressed support for the item and indicated that
she was available to answer questions.
Regina Klein expressed support for comments made by Michelle
Bernardin and questioned whether an assessment or plan had been
made for historic structures.
Discussion ensued between staff and Councilmembers regarding
implementation and enforcement; cuts to the department; in lieu
fees to the Art Fund; changing the name to the Cultural Trust
Fund; art commissions on private property; streamlining the
process; general review and approval processes; the allowable
percentage from the fund to be used for maintenance and for
administration; staffing costs; use of consultants;
administration of the ordinance going forward; the Historic
Preservation Ordinance; the upcoming centennial; a request for
background information on the previous attempt to update the
Historic Preservation Ordinance; defining administrative
expenses; enforcement of required maintenance; the existing
program allocation; practices of other area cities; updating
the art fee; the Ehrlich Case; implications to the
competitiveness of development projects; a suggestion that if
conditions improve, a fee increase could be warranted; keeping
the proportions of how money can be spent the same;
clarification that findings would have to be made in order to
increase the fee; the primary purpose of the fund; the demise
of redevelopment; the preservation component; art as an March 11, 2013
12
economic engine; affects to property values and businesses in
the City; and an instance when the Streets Maintenance
Department removed a piece of temporary art in error.
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
INTRODUCE AN ORDINANCE AMENDING CHAPTER 15.06, NEW DEVELOPMENT
FEES, OF THE CULVER CITY MUNICIPAL CODE, BY REPEALING AND
REPLACING SECTIONS 15.06.100 THROUGH 15.06.175 WITH NEW
SECTIONS 15.06.100 THROUGH 15.06.180, RELATING TO THE ART IN
PUBLIC PLACES PROGRAM.
o0o
Item A-2
(1) Receipt and Filing of the Fiscal Year 2012/2013 Mid-Year
General Fund Budget Monitoring Report, and (2) Approval of
Proposed Budget Amendments
Jeff Muir, Chief Financial Officer, provided a summary of the
material of record.
Discussion ensued between staff and Councilmembers regarding
lost revenues vs. transferred revenues; Measure Y; adjustments;
timing; a request that the report be shared with the Finance
Advisory Committee; the Public Safety Sales Tax; creating a
sustainable City and the potential decrease to utility user tax
revenues; emergency reserves; retirement obligations;
infrastructure improvements; proposed adjustments; the
Transient Occupancy Tax; appreciation to staff for their hard
work; the need for a capital improvement projects discussion;
the City of Los Angeles; and rate assumptions.
Mayor Weissman invited public comment.
The following member of the audience addressed the City
Council:
Michel Chaghouri questioned the difference in the one-time sale
figures between 2012-2013 and 2013-2014.
Jeff Muir, Chief Financial Officer, clarified that the 2013-
2014 figures were based on further discussions with realtors
and seemed more realistic.
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER March 11, 2013
13
SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
(1) RECEIVE AND FILE THE FISCAL 2012/2013 MID-YEAR GENERAL FUND
REPORT AS PROVIDED IN ATTACHMENT 1; AND
(2) APPROVE THE BUDGET AMENDMENTS AS PROPOSED IN ATTACHMENT 2.
o0o
Joint Public Comment – Items Not on the Agenda
Mayor Weissman invited public comment.
The following member of the audience addressed the City
Council:
Christopher Patrick King, Culver City Rotary Club, invited
everyone to the Follow the Yellow Brick Road Service and
Friendship event on March 14 honoring Community Heroes Mike
Cohen and the Culver City Education Foundation.
o0o
Items from Staff
Martin Cole, Assistant City Manager/City Clerk, reminded
everyone that the next City Council meeting would be on
March 26, 2013.
o0o
Items from the City Council
None.
o0o
Adjournment
There being no further business, at 10:28 p.m., the City
Council adjourned its meeting in memory of Tim Harrell, father
of City Manager’s Office employee Kathleen Harrell, and long-
time Culver High instructor and administrator, Wayne Scott, to
a meeting on Tuesday, March 26, 2013 at 7:00 p.m.
March 11, 2013
14
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