Legislation Details

File #: HIST-17133    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 6/27/2011 Final action: 6/27/2011
Title: Approval of minutes for the Regular Meeting of May 9, 2011 and the Regular Meeting of May 23, 2011.
Attachments: 1. Approval of minutes for the Regular Meeting of May - m110509.pdf, 2. Approval of minutes for the Regular Meeting of May - m110523.pdf
THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL REGULAR MEETING OF THE May 9, 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 Legal Counsel – Existing Litigation Re: Gracie Thompson v. Culver City et al. LASC case no. SC110030 Pursuant to Government Code Section 54956.9(a) CS-2 Conference with Legal Counsel – Existing Litigation Re: Community Health Councils, Inc., City of Culver City, et al., v. County of Los Angeles Case No. BS118018 (Re County Community Standards District for Oil Drilling Operations) Pursuant to Government Code Section 54956.9(a) CS-3 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (1 item) Pursuant to Government Code Section 54956.9(b)(1) 2 May 9, 2011 Closed Session (continued) 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 5:30 p.m. o0o Reconvene The City Council reconvened its meeting at 7:07 p.m. with all Councilmembers present. o0o Closed Session Report Mayor O?Leary indicated there was nothing to report out of Closed Session. o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by Fred Yglesias. o0o 3 May 9, 2011 Public Comment – Items Not on the Agenda Mayor O?Leary invited public comment. The following members of the audience addressed the City Council: Madeline Ehrlich extended an invitation to a three-day weekend celebration of language immersion in Culver City; she noted that Culver City was the first school district to institute language immersion 40 years ago; and she discussed global education. Michele Van Geldren extended an invitation to “Children?s Day” on May 14, 2011 at El Marino Language School. Jeannine Stehlin extended an invitation to an alumni reunion of the Culver City Language Immersion program at El Marino Language School and a rededication of the sculpture called Language Opens the World to Us. Mike Snell, Culver City Exchange Club, thanked Jeremy Green, Cultural Affairs Division, the City Council, staff, and the Police, Fire and Sanitation departments for their help with the Car Show; he discussed the charities and activities supported by the Exchange Club; reminded everyone of the next event on July 4, 2011; and he acknowledged the Language Immersion Program. Dr. Jay Shery, Culver City Exchange Club thanked the City for their help with the Car Show and asked for help with a proposed parade of flags following the annual commemoration service by the Fire Department on September 11. Following discussion, the City Council requested Dr. Shery to provide additional information to the City Manager regarding possible City involvement. Marina Monostory expressed concern that the City was discouraging public input by reducing the time allowed for audience participation; she discussed the City of Bell; and she encouraged people to speak out if something is wrong as that is the only way corrupt cities can be identified. 4 May 9, 2011 Public Comment (continued) Egon Monostory expressed concern that the City was working to eliminate public oversight; he discussed debt allegedly due to redevelopment activities in the City; he asked that the agenda format be left as it was; he discussed the yielding of speaker time; and he suggested that speakers be thanked for taking the time to attend public meetings and speaking out. Cary Anderson submitted documentation to the City Council and discussed issues with parking at the Car Show; enforcement; the permit for the Car Show; and alleged non- adherence to terms. o0o Public Hearing Item PH-1 Adoption of a Resolution Establishing and Amending Various Fees and Charges for Services Provided by the City and Rescinding Prior Fee Resolution No. 2010-R016 and Portions of Resolution Nos. 2000-R074 and 2003-R023. MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICES. Nick Kimball, Senior Management Analyst, provided a summary of the material of record. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE OPENED. Mayor O?Leary invited public comment. There was no response. 5 May 9, 2011 Item PH-1 (continued) MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE CLOSED. Discussion ensued between the City Council and staff regarding post-employment benefits; other areas of City operations to build-in payments for; dog license fees; filming permits at the parks; and animal control and care fees. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R027 ESTABLISHING AND AMENDING VARIOUS FEES AND CHARGES FOR SERVICES PROVIDED BY THE CITY AND RESCINDING PRIOR FEE RESOLUTION NO. 2010-R016 AND RESCINDING PORTIONS OF RESOLUTION NOS. 2000-R074, AND 2003-R020. o0o Joint Consent Item Item JC-1 Approval of Preliminary Plans for West Washington Boulevard AIP Phase III. Mayor O?Leary invited public comment. There was no response. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE THE PRELIMINARY PLANS FOR THE WEST WASHINGTON AIP PHASE III. o0o 6 May 9, 2011 Consent Calendar Mayor O?Leary invited public comment. There was no response. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-5. Item C-1 Meeting Minutes THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE REGULAR MEETING OF APRIL 11, 2011 AS SUBMITTED. o0o Item C-2 Cash Disbursements THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR APRIL 16, 2011 – APRIL 29, 2011. o0o Item C-3 Adoption of a Resolution Authorizing the City Manager or Designee to Perform Any Actions Necessary for the Purpose of Obtaining Financial Assistance Provided by the California Emergency Management Agency Under the Proposition 1B Transit Security Grant Program. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R025 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PERFORM ANY ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE PROVIDED BY THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY UNDER THE PROPOSITION 1B TRANSIT SECURITY GRANT PROGRAM. o0o 7 May 9, 2011 Item C-4 Adoption of a Resolution Authorizing Staff to Submit Applications to June 30, 2012 for Grant Funding Associated with the Purchase of Alternative Fuel Vehicles and Other Emission Control Technologies. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R026 AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS AND ACCEPTANCE OF SUCH APPROVED FUNDING MADE AVAILABLE BY THE AQMD AND THE MSRC TO JUNE 30, 2012 FOR THE PURCHASE OF ALTERNATIVE FUEL VEHICLES AND OTHER EMISSION CONTROL TECHNOLOGIES. o0o Item C-5 Approval of an Amendment to the Memorandum of Agreement with the Regional Terrorism Information Integration System for Continued Participation in the Los Angeles Regional Integrated Law and Justice Program (COPLINK). THAT THE CITY COUNCIL: 1. APPROVE AN AMENDMENT TO THE EXISTING MEMORANDUM OF AGREEMENT FOR THE REGIONAL TERRORISM INFORMATION INTEGRATION SYSTEM; 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 May 9, 2011 Joint Items Item J-1 Presentation of the City Manager’s/Executive Director’s Proposed Budget for Fiscal Year 2011/2012. John Nachbar, City Manager, introduced the item noting the challenging times; he expressed appreciation to staff; discussed uncertainty with regard to redevelopment; economic conditions; savings from negotiations; pension and retiring medical costs; and a directive for a 2% reduction for all departments. Jeff Muir, Chief Finance Officer, presented a summary of the material of record. Mayor O?Leary invited public comment. There was no response. Discussion ensued the City Council and staff regarding responsibilities to the community and to employee organizations; minimizing impacts to service and impacts of position eliminations; cuts to fire/paramedic services and the growing senior population in the City; previous cuts to City staff; negotiations with bargaining groups; reserves and unfunded liabilities; retiring medical costs; feasibility of increasing the Transient Occupancy Taxes; concern with pushing employees to the breaking point and with keeping Culver City a competitive place to work; a suggestion to create a street and streetlight maintenance assessment district; the Franchise Tax Board and the State Board of Equalization; assumptions in the five year forecast; expected services; employee relations; effects of staff reductions; service implications; and necessary changes. o0o 9 May 9, 2011 Item J-2 (1) Adoption of Resolutions and/or Motions appointing City Council Members/Agency Board Members to various Outside Agency Boards, City Council and/or Agency Board Subcommittees and Other Related Bodies; (2) Dissolution of Certain Subcommittees, and (3) Direction Related to a Proposal to Eliminate the Southern California Joint Powers Consortium. Martin Cole, Assistant City Manager/City Clerk, presented a summary of the material of record noting that staff requested that no action be taken on Item 14 due to previous action being taken. Mayor O?Leary invited public participation. The following member of the audience addressed the City Council: Gary Silbiger expressed concern with alleged secret City Council meetings and no public agendas or minutes of meetings; he wanted to see the City be more transparent, open and inclusive; he felt the committees needed more public participation; he discussed the committees of the Culver City School Board; Brown Act requirements; and he emphasized the importance of public input at an early stage. At this time, the following motions were made: Item 1 Adopt Resolution No. 2011-R034 MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R034 APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE CITY SELECTION COMMITTEE OF THE LOS ANGELES DIVISION OF THE LEAGUE OF CALIORNIA CITIES AND TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND RESCINDING RESOLUTION NO. 2010-R026. ADOPTED, with further reading waived. [Mayor O?Leary was appointed Member and Vice Mayor Malsin was appointed as Alternate Member.] 10 May 9, 2011 Item 2 Adopt Resolution No. 2011-R033 MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R033 APPOINTING A DELEGATE AND ALTERNATE DELEGATE TO THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES AND RESCINDING RESOLUTION NO. 2010-R027. ADOPTED, with further reading waived. [Mayor O?Leary was appointed as Delegate and Vice Mayor Malsin was appointed as Alternate Delegate.] o0o Item 3 Adopt Resolution No. 2011-R028 MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R028 APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE CITY SELECTION COMMITTEE OF LOS ANGELES – WESTERN REGION AND RESCINDING RESOLUTION NO. 2011-R028. ADOPTED, with further reading waived. [Mayor O?Leary was appointed as Member and Vice Mayor Malsin was appointed as Alternate Member.] o0o Item 4 City Legislative Subcommittee - League of California Cities/LA Division MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT MAYOR O?LEARY AND VICE MAYOR MALSIN TO THE CITY LEGISLATIVE COMMITTEE – LEAGUE OF CALIFORNIA CITIES/LA DIVISION. o0o 11 May 9, 2011 Item 5 Adopt Resolution No. 2011-R029 MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R029 APPOINTING A DELEGATE AND ALTERNATE DELEGATE AS PART OF THE GENERAL MEMBERSHIP OF THE INDEPENDENT CITIES ASSOCIATION AND RESCINDING RESOLUTION NO. 2010-R029. ADOPTED, with further reading waived. [Mayor O?Leary was appointed as Delegate and Councilmember Cooper was appointed as Alternate Delegate.] o0o Item 6 Adopt Resolution No. 2011-R030 MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R030 APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND RESCINDING RESOLUTION NO. 2010-R030. ADOPTED, with further reading waived. [Councilmember Cooper was appointed as Member; Serena Wright, Human Resources Director was appointed as Alternate Member; and Rachelle Adkins was appointed as Substitute Alternate to the Independent Cities Risk Management Authority?s Governing Board.] o0o 12 May 9, 2011 Item 7 Adopt Resolution No. 2011-R031 MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R031 APPOINTING ALTERNATE DIRECTORS TO LOS ANGELES COUNTY SANITATION DISTRICT NO. 5, AND RESCINDING RESOLUTION NO. 2010-R031. ADOPTED, with further reading waived. [Mayor O?Leary was appointed as Ex Officio Director and Vice Mayor Malsin was appointed as Alternate Director.] o0o Item 8 Sanitation Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE SANITATION SUBCOMMITTEE. o0o Item 9 Adopt Resolution No. 2011-R032 MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R032 APPOINTING AN OFFICIAL REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG), AND RESCINDING RESOLUTION NO. 2010-R032. ADOPTED, with further reading waived. [Mayor O?Leary was appointed as Official Representative and Vice Mayor Malsin was appointed as Alternate Representative.] o0o 13 May 9, 2011 1-A2. Appointments to Outside Agency Boards Requiring Adoption of a Motion. Item 10 Westside Cities Council of Governments MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT VICE MAYOR MALSIN AS REPRESENTATIVE TO THE GOVERNING BOARD; AND COUNCILMEMBER COOPER AS THE ALTERNATE TO THE WESTSIDE CITIES COUNCIL OF GOVERNMENTS. o0o Item 11 Interagency Communications Interoperability System (ICIS) MOVED BY MAYOR O?LEARY, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER WEISSMAN AS LIAISON TO ICIS. o0o Item 12 Exposition Metro Line Construction Authority/Agency Metro Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT MAYOR O?LEARY AS DELEGATE AND VICE MAYOR MALSIN AS ALTERNATE DELEGATE AND THE REDEVELOPMENT AGENCY APPOINT THE SAME MEMBERS AS THE AGENCY METRO SUBCOMMITTEE. o0o 14 May 9, 2011 Item 13 Southern California Cities Joint Powers Consortium Martin Cole, Assistant City Manager/City Clerk clarified that members needed to be appointed who could then vote for dissolution. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER ARMENTA AS DIRECTOR AND VICE MAYOR MALSIN AS ALTERNATE DIRECTOR TO THE SOUTHERN CALIFORNIA CITIES JOINT POWERS CONSORTIUM UNTIL DISSOLUTION OCCURS WITH DIRECTION TO STAFF TO CONTACT THE OTHER MEMBERS OF THE CONSORTIUM TO INSTITUTE DISSOLUTION OF THE CONSORTIUM. o0o Item 14 Los Angeles International Airport (LAX) Area Advisory Subcommittee The City Council took no action to appoint Councilmembers to the subcommittee in order to allow appointed citizens to act as City representatives. o0o 15 May 9, 2011 1-B. Appointments to City Council Subcommittees Requiring Adoption of a Motion Items 15-17 (15) Joint Finance and Judiciary Subcommittee; (16) Treasurer’s Investment Subcommittee; and (17) Audit, Financial Planning, Budget and Subcommittee MOVED BY COUNCILMEMBERMALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL/REDEVELOPMENT AGENCY ADOPT THE MOTION APPOINTING COUNCILMEMBER MALSIN AND COUNCILMEMBER COOPER AS MEMBERS OF THE JUDICIARY AND FINANCE SUBCOMMITTEE AND MEMBERS OF THE AUDIT, FINANCIAL PLANNING, AND BUDGET SUBCOMMITTEE; AND COUNCILMEMBER MALSIN TO THE CITY TREASURER?S INVESTMENT SUBCOMMITTEE. UNDER ADVICE FROM THE CITY ATTORNEY, IT IS RECOMMENDED THE CITY COUNCIL NOT MAKE AN APPOINTMENT OF AN ALTERNATE TO THE JUDICIARY AND FINANCE SUBCOMMITTEE. o0o Item 18 Joint Council/Agency Economic Development Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY MAYOR O?LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL/REDEVELOPMENT AGENCY APPOINT COUNCILMEMBER WEISSMAN AND COUNCILMEMBER COOPER TO THE JOINT COUNCIL/AGENCY ECONOMIC DEVELOPMENT SUBCOMMITTEE. o0o Item 19 Joint Culver City Unified School District/City Council Liaison Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL/REDEVELOPMENT AGENCY APPOINT MAYOR O?LEARY AND COUNCILMEMBER ARMENTA TO THE CULVER CITY UNIFIED SCHOOL DISTRICT/CITY COUNCIL LIAISON SUBCOMMITTEE. o0o 16 May 9, 2011 Item 20 Animal Control Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT MAYOR O?LEARY AND COUNCILMEMBER ARMENTA TO THE ANIMAL CONTROL SUBCOMMITTEE. o0o Item 21 Los Angeles Airport Expansion Traffic Impact Subcommittee MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O?LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER MALSIN AND COUNCILMEMBER COOPER TO THE LAX AIRPORT EXPANSION TRAFFIC IMPACT SUBCOMMITTEE. o0o Item 22 Sustainability Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER MALSIN AND COUNCILMEMBER COOPER TO THE SUSTAINABILITY SUBCOMMITTEE. o0o Item 23 City Council/Commission Subcommittee Martin Cole, Assistant City Manager/City Clerk, indicated that the City Council had given staff sufficient direction to bring a final document forward in June; and he noted the staff recommendation to dissolve the Subcommittee. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE CITY COUNCIL/COMMISSION SUBCOMMITTEE. 17 May 9, 2011 Item 24 Regional Development and Traffic Mitigation Subcommittee MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY VICE MAYOR MALSIN, AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL APPOINT VICE MAYOR MALSIN AND COUNCILMEMBER WEISSMAN TO THE REGIONAL DEVELOPMENT AND TRAFFIC MITIGATION SUBCOMMITTEE. o0o Item 25 Regional Oil Operations Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY MAYOR O?LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER COOPER AND COUNCILMEMBER WEISSMAN TO THE REGIONAL OIL OPERATIONS SUBCOMMITTEE. o0o Item 26 Agenda Format Subcommittee Martin Cole, Assistant City Manager/City Clerk, reported that the final item would be coming forward in June and staff recommended dissolution of the Agenda Format Subcommittee. MOVED BY COUNCILMEMBERMALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DISSOLVE THE AGENDA FORMAT SUBCOMMITTEE. o0o Item 27 Youth Advisory Subcommittee MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER ARMENTA AND MAYOR O?LEARY TO THE YOUTH ADVISORY SUBCOMMITTEE. 18 May 9, 2011 Item 28 Affordable Housing Subcommittee MOVED BY COUNCILMEMBERMALSIN, SECONDED BY MAYOR O?LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT COUNCILMEMBER ARMENTA AND COUNCILMEMBER MALSIN TO THE AFFORDABLE HOUSING SUBCOMMITTEE. o0o 1-B2. APPOINTMENTS TO REDEVELOPMENT AGENCY BOARD ONLY SUBCOMMITTEES REQUIRING ADOPTION OF A MOTION. Item 29 Ad Hoc Washington/National Subcommittee MOVED BY VICE MAYOR MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN, AND UNANIMOUSLY CARRIED THAT THE REDEVELOPMENT AGENCY APPOINT AGENCY CHAIR MALSIN AND AGENCY MEMBER O?LEARY TO THE AD HOC WASHINGTON/NATIONAL SUBCOMMITTEE. o0o Item 30 Ad Hoc Hayden Tract Subcommittee MOVED BY VICE MAYOR MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN, AND UNANIMOUSLY CARRIED THAT THE REDEVELOPMENT AGENCY APPOINT AGENCY CHAIR MALSIN AND AGENCY MEMBER WEISSMAN TO THE AD HOC HAYDEN TRACT SUBCOMMITTEE. o0o Item 31 Ad Hoc Sepulveda Subcommittee MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER WEISSMAN, AND UNANIMOUSLY CARRIED THAT THE REDEVELOPMENT AGENCY APPOINT AGENCY MEMBER COOPER AND AGENCY MEMBER WEISSMAN TO THE AD HOC SEPULVEDA SUBCOMMITTEE. 19 May 9, 2011 Item 32 Ad Hoc West Washington Boulevard Subcommittee MOVED BY VICE MAYOR MALSIN, SECONDED BY COUNCILMEMBER COOPER, AND UNANIMOUSLY CARRIED THAT THE REDEVELOPMENT AGENCY APPOINT AGENCY MEMBER ARMENTA AND AGENCY CHAIR MALSIN TO THE AD HOC WEST WASHINGTON BOULEVARD SUBCOMMITTEE. Councilmember Armenta requested a summary of all appointments. o0o Public Comment for Items Not on the Agenda – continued. Mayor O?Leary invited public participation. The following members of the audience addressed the City Council: Meghan Sahli Wells, representing the Culver City Bicycle Coalition, questioned whether bicycle infrastructure had been taken into consideration with the approval of preliminary plans for West Washington Boulevard. Councilmember Malsin indicated that sharrows were designated for West Washington Boulevard. Gary Silbiger noted that for decades the City Council had not recovered 100% of costs for Building and Safety, Engineering, Preferential Parking, Planning, Fire and Police, and other fees; he expressed concern with the economic situation negatively affecting City personnel and services; discussed the recovery of money by Culver City compared to other area cities; and losses as a result of subsidizing City fees. o0o Receipt of Correspondence MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. 20 May 9, 2011 Items from Staff No action was taken on this item. o0o Items from the City Council Items Presented by Councilmember Armenta: Received clarification that the legal nonconforming issue brought up by the development on Vinton Avenue would come before the City Council in July. o0o Items Presented by Councilmember Weissman: Inquired whether cost recovery would be discussed during the June budget meetings Discussion ensued between the City Council and staff regarding fee adjustments; cost recovery; a request for a discussion of cost recovery policies; placing additional demands on staff time; and reviewing the previous decision. o0o Items Presented by Councilmember Malsin: Extended an invitation to attend a performance of Culver City Performing Arts grant recipients The Definiens Project at the Julian Dixon Library on May 14, 2011. Encouraged everyone to attend Art Walk Culver City on June 4, 2011. Expressed appreciation to City staff for their work supporting the Car Show, in particular to Jeremy Green. Reported attending the Education Foundation?s “Tribute to the Stars” on May 6, 2011. 21 May 9, 2011 Items Presented by Councilmember Armenta: Inquired about who has responsibility for the right of way on the east end of Washington Boulevard between La Cienega Boulevard and Cattaraugus Avenue. Discussion ensued between the City Council and staff regarding upkeep of the sidewalk; encouraging maintenance in advance of Art Walk; a suggestion to send a letter encouraging businesses to maintain the area; landscaping; clarification of the municipal code regarding responsibilities; and the status of a small billboard on Washington Boulevard. o0o Items Presented by Mayor O’Leary: Passed on a package to staff from a vertical farming technology company who will be sending a representative from Japan to visit the City in upcoming months. o0o 22 May 9, 2011 Adjournment There being no further business, at 9:24 p.m., the City Council adjourned its meeting to a meeting to be held on May 23, 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 May 23, 2011 CITY COUNCIL, CITY OF CULVER CITY, 5:00 p.m. CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:00 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 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 CS-2 Conference with Legal Counsel – Existing Litigation Re: Community Health Councils, Inc., City of Culver City, et al., v. County of Los Angeles Case No. BS118018 (Re County Community Standards District for Oil Drilling Operations) Pursuant to Government Code Section 54956.9(a) CS-3 Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation – (2 items) Pursuant to Government Code Section 54956.9(b)(1) 2 May 23, 2011 Closed Session (continued) CS-4 Public Employee Performance Evaluation Title: Chief of Police Pursuant to Government Code Section 54957 CS-5 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 o0o Recess The City Council recessed to Closed Session at 5:00 p.m. o0o Reconvene The City Council reconvened its meeting at 7:13 p.m. with all Councilmembers present. o0o Closed Session Report Mayor O?Leary indicated there was nothing to report out of closed session. o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by Bob Martz. o0o 3 May 23, 2011 Presentations Item P-1 Presentation of a Commendation to Mr. Bob Martz, Senior of the Year Mayor O?Leary read the commendation in its entirety and presented it to Bob Martz. Bob Martz thanked the City for the commendation. o0o Item P-2 Presentation of a Commendation to Mr. Ernie Mulder, Equipment Maintenance and Fleet Services Division Employee of the Year Councilmember Weissman read the commendation in its entirety and presented the commendation to Ernie Mulder. Ernie Mulder thanked the City for the honor and noted that there were many other deserving employees in the City. o0o Item P-3 Presentation of a Commendation to Mr. Manuel Flores, Bus Operator of the Year Councilmember Cooper read the commendation in its entirety and presented the commendation to Manuel Flores. Manuel Flores thanked the City Council and staff for the honor. o0o 4 May 23, 2011 Announcements Martin Cole, Assistant City Manager/City Clerk, reported that staff was requesting that Action Item A-2 be deferred to the June 6, 2011 agenda. Councilmember Malsin announced ArtWalk Culver City on June 4, 2011. Mayor O?Leary highlighted the opportunity for Public Comment for Items on the Agenda for those audience members who are not able to wait until the specific item is called. o0o Public Comment – Items Not on the Agenda Mayor O?Leary invited public comment. The following members of the audience addressed the City Council: Larry Turkheimer, LA TRI Club reported on the success of the “Coast to Coast Swim Challenge” at the Plunge and thanked City staff for their hard work. Karen Coyle, Parliamentarian, Culver City Historical Society, discussed recent donations to the Society; new markers for historical sites; she announced the annual picnic on July 20, 2011 and encouraged everyone to come visit the Historical Society. Vicki Daly Redhlotz and Marianne Green, Culver City Parks, Recreation and Community Services Commissioners, announced a presentation by Ernie Powell of AARP on Elder Abuse at the Parks, Recreation and Community Services Commission meeting at the Senior Center on June 7, 2011. Ms. Greene noted that the Parks, Recreation and Community Services Commission presentation was the second of a series; she thanked the City Council for their support; discussed Senior Abuse; and she invited everyone to attend. 5 May 23, 2011 Public Comment (continued) Matthew Hetz, Culver City Symphony Orchestra, announced their final concert of the season on June 11, 2011 and he thanked the City for the new lights in Veterans Auditorium. David Walden discussed actions of the Culver City Paramedics that saved his life and he asked the City not to cut their funding. Dave Kelshiemer, Team Santa Monica, provided background on the swim team; noted that they operate at the Culver City Plunge; he expressed support for groups paying full fees rather than a subsidized rate; he supported efforts to increase usage of the Plunge; and he welcomed Daniel Hernandez, the new Director of Parks, Recreation and Community Services. Monique Shelton provided an update on Team Santa Monica; she expressed appreciation for the facility and recent upgrades; and she thanked the City for allowing them to use the facility. Linda Sparling discussed her family?s experience at the Plunge and participating in Team Santa Monica. Brendan Capell, Optima Sport, expressed support for the Plunge and invited everyone to an event on May 24, 2011 about the benefits of swimming for children in the community at the Plunge. o0o Public Comment – Items on the Agenda Mayor O?Leary invited public participation. There was no response. Mayor O?Leary indicated that Item A-2 had been removed from the agenda. o0o 6 May 23, 2011 Public Hearings Item PH-1 Introduction of an Ordinance Repealing and Replacing Subchapter 15.02.100 of the Culver City Municipal Code and Adopting by Reference the 2010 California Building Standards Administrative Code, 2010 California Building Code, 2010 California Residential Building Code, 2010 California Electrical Code, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Energy Code, 2010 California Historical Building Code, 2010 Existing Building Code, 2010 California Green Building Standards Code, and 2010 California Reference Standards Code. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICES. 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. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE CLOSED. 7 May 23, 2011 Item PH-1 (continued) MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL INTRODUCE ORDINANCE NO. 2011-004 REPEALING AND REPLACING SUBCHAPTER 15.02.100 OF THE CULVER CITY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2010 CALIFORNIA BUILDING CODE, 2010 CALIFORNIA RESIDENTIAL BUILDING CODE, 2010 CALIFORNIA ELECTRICAL CODE, 2010 CALIFORNIA MECHANICAL CODE, 2010 CALIFORNIA PLUMBING CODE, 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA HISTORICAL BUILDING CODE, 2010 EXISTING BUILDING CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND 2010 CALIFORNIA REFERENCE STANDARDS CODE. o0o Item PH-2 Introduction of an Ordinance (Zoning Code Amendment ZCA P- 2009183) Amending the Culver City Municipal Code to Reduce Building Height and Increase Setback Requirements in the Commercial Zones to Address Issues of Compatibility with Abutting Residential Zones. MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICES. Sol Blumenfeld, Community Services Director, provided a summary of the material of record. Discussion ensued between the City Council and staff regarding possible developer tradeoffs regarding setbacks and height, and clarification that the motion of the Planning Commission had passed with four Councilmembers in support and one absent. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE OPENED. Mayor O?Leary invited public comment. 8 May 23, 2011 Item PH-2 (continued) The following members of the audience addressed the City Council: Eleanor Osgood requested that staff, the Commission and the City Council never lose sight of the environmental impact of developments on a neighborhood, and she requested that staff address issues with alleged inadequate notification to neighborhood groups who have previously requested notification for specific issues. Martin Cole, Assistant City Manager/City Clerk, clarified notification procedures. Rich Waters discussed the impacts of commercial development on the Gateway and Downtown Neighborhood Associations; and he noted the importance of maintaining the character of the City. Councilmember Armenta received clarification regarding development information available on the City website. Alice Prasad, Associate Analyst, read written comments submitted by: Julie Lugo Cerra MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE CLOSED. Discussion ensued between the City Council and staff regarding suggestions from Julie Lugo Cerra; a suggestion to postpone action on the item; the balance between compatibility with residences and supporting development; density bonuses; increased open space and off street parking; successful changes in the Zoning Code; concerns with restricting the tax base of the City by discouraging development; development standards; the mixed use ordinance; the residential component of projects; the transition of neighborhoods; commercial development; the economic analysis; impacts of the changes; decreasing the front setback for non-residential development; and decreased nighttime noise from non-residential properties. 9 May 23, 2011 Item PH-2 (continued) Further discussion ensued regarding split jurisdiction properties; matching standards of surrounding jurisdictions; reducing the likelihood of development next to low density residential; respecting the lives of the adjacent neighbors while allowing for profitable development of businesses in the City; a suggestion for a public hearing or workshop to receive feedback; the importance of sensitivity to adjacent residential neighbors; considering developments on a case by case basis; tradeoffs in setbacks and height; clarification that currently no front setback is required; financial impacts; continuing dialogue; notification on the website; basing notification on expressed interests; the importance of a negative fiscal impact and balancing the interests of residents and businesses; and a request for more detailed information from the Planning Commission. Martin Cole, Assistant City Manager/City Clerk, clarified that since questions posed by the City Council had the potential to significantly change this item, staff would re-notice a new public hearing at the appropriate time. o0o Joint Consent Item Item JC-1 (1) Approval of an Encroachment Permit Agreement with Century Wilshire Incorporated for Installation of Public Right-of-Way Improvements Adjacent to the Culver Hotel, and (2) Review and Approval of Plans and Specifications for Improvements to the Culver Hotel. Mayor O?Leary invited public comment. There was no response. 10 May 23, 2011 Item JC-1 (continued) MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE THE PLANS AND SPECIFICATIONS FOR THE AGENCY-FUNDED IMPROVEMENTS ADJACENT TO THE CULVER HOTEL; 2. APPROVE AN ENCROACHMENT PERMIT AGREEMENT FOR THE CULVER HOTEL AWNING, ILLUMINATED BOLLARDS, SIDEWALK UP LIGHTS, FIRE ESCAPE APPARATUS AND SIGNAGE; AND 3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND 4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY AND AGENCY, RESPECTIVELY. o0o Item JC-2 Approval of a Three Party Professional Services Agreement with Moss, Levy & Hartzheim, LLP to Provide Independent Auditing Services. Mayor O?Leary invited public comment. There was no response. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH MOSS, LEVY & HARTZHEIM, LLC FOR A TERM CONCLUDING ON DECEMBER 31, 2014 (WITH AN EXTENSION OF AN ADDITIONAL TWO YEARS SUBJECT TO THE APPROVAL OF THE CITY MANAGER/EXECUTIVE DIRECTOR) IN AN AMOUNT NOT TO EXCEED $69,570.00 PER YEAR; AND 2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND 3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY AND AGENCY, RESPECTIVELY. 11 May 23, 2011 Consent Calendar Mayor O?Leary invited public comment. There was no response. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER MALSIN, AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-4, C-6 THROUGH C-8, C-10, C-11 AND C-13. Item C-1 Meeting Minutes THAT THE CITY COUNCIL APPROVE MINUTES FOR THE REGULAR MEETING OF APRIL 25, 2011 AS SUBMITTED. o0o Item C-2 Cash Disbursements THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR APRIL 30, 2011 – MAY 13, 2011. o0o Item C-3 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the West Washington Benefit Assessment District Number One and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R049 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE WEST WASHINGTON BENEFIT ASSESSMENT DISTRICT NUMBER ONE AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THEREON FOR FISCAL YEAR 2011/2012. o0o 12 May 23, 2011 Item C-4 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the West Washington Benefit Assessment District Number Two and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R048 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE WEST WASHINGTON BENEFIT ASSESSMENT DISTRICT NUMBER TWO AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THEREON FOR FISCAL YEAR 2011/2012. o0o Item C-6 Acceptance of Dedication of a Portion of Real Property at 8770 and 8786 Washington Boulevard for Public Roadway Purposes. THAT THE CITY COUNCIL: 1. ACCEPT THE DEDICATION ON BEHALF OF THE PUBLIC; 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-7 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Albright Avenue Streetlight Assessment District and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R046 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE ALBRIGHT AVENUE STREETLIGHT ASSESSMENT DISTRICT AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THEREON FOR FISCAL YEAR 2011/2012. 13 May 23, 2011 Item C-8 (1) Acceptance of Work Performed by Jeff Tracy dba Land Forms Landscape Construction, Inc.; (2) Authorization to File a Notice of Completion; and (3) Authorization to Release the Retention Payment after the Expiration of the 35-Day Lien Period, for the Ballona Creek Bikeway and Landscaping Improvement Project, P-900, Federal Aid No. ESPL 5240 (021). THAT THE CITY COUNCIL: 1. ACCEPT THE WORK PERFORMED BY LAND FORMS LANDSCAPE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF BALLONA CREEK BIKEWAY AND LANDSCAPE IMPROVEMENT PROJECT, P-900, FEDERAL AID NO. 5240 (021); AND, 2. APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $655,145.09; AND, 3. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES COUNTY RECORDER?S OFFICE; AND 4. AUTHORIZE THE CITY MANAGER TO RELEASE $65,514.51 IN RETENTION TO LAND FORMS LANDSCAPE CONSTRUCTION, INC. AFTER THE EXPIRATION OF THE 35-DAY LIEN PERIOD. o0o Item C-10 Adoption of Resolution a Initiating Proceedings for the Levy and Collection of Annual Assessments for the Landscape Maintenance District Number 1 and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R043 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 (LMD#1) AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THERE FOR FISCAL YEAR 2011/2012. o0o 14 May 23, 2011 Item C-11 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Sewer User’s Service Charge and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R044 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE SEWER USER?S SERVICE CHARGE AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THEREON FOR FISCAL YEAR 2011/2012. o0o Item C-13 Approval of the Revised Classification Specifications for Firefighter and Fire Captain. THAT THE CITY COUNCIL APPROVE THE REVISED CLASSIFICATION SPECIFICATIONS FOR FIREFIGHTER AND FIRE CAPTAIN. o0o The following Consent Calendar items were discussed and voted on separately: Item C-5 Approval of an Agreement with Culver City Little League for the Use of Culver City Park Sports Fields. Discussion ensued between the City Council and staff regarding the method for calculating reduced rates; verification methods for confirming that a majority of Culver City residents participate; agreement to update information to reflect the new Director of Parks, Recreation and Community Services; the baseball skills clinic; corrections to typos; clarification regarding the expectation of having an agreement in place prior to next year?s Little League season; and a suggestion to authorize an extension of the agreement for a one year term with the same terms. 15 May 23, 2011 Item C-5 (continued) MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE AN AGREEMENT WITH THE CULVER CITY LITTLE LEAGUE FOR THE USE OF CULVER CITY PARK SPORTS FIELDS; 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-9 Adoption of a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments for the Higuera Street Landscaping and Lighting Maintenance District and Ordering the Preparation of the Engineer’s Report Thereon for Fiscal Year 2011/2012 Discussion ensued between the City Council and staff regarding background on this item and the decision to continue to include the parkway in the assessment district. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R047 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE HIGUERA STREET LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT AND ORDERING THE PREPARATION OF THE ENGINEER?S REPORT THEREON FOR FISCAL YEAR 2011/2012. o0o 16 May 23, 2011 Public Comment - Items on the Agenda Mayor O?Leary noted earlier confusion with “Public Comment for Items on the Agenda” and he requested public comment. The following member of the audience addressed the City Council: Marilyn Hess introduced herself noting that she was interested in a position on the Cultural Affairs Commission. o0o Consent Calendar - continued Item C-12 Approval of a New Professional Services Agreement with West Coast Arborists for Citywide Tree Trimming Services for a Term of Five Years. Mayor O?Leary invited public participation. The following members of the audience addressed the City Council: Eleanor Osgood requested clear guidelines in the contract with West Coast Arborists (WCA) that would benefit wildlife; she commended staff for inserting language that restricts months of tree trimming and required inspection of trees for nests but she felt the restrictions were inadequate; she discussed the number of species that nest in the City; tree trimming during the nesting season; migratory and Federal law; she requested that stronger language be inserted in the contract; clarified that nesting season is between March and August; and provided a tree trimming guide to the City Council. Rich Waters provided a picture to illustrate the difficulty of finding bird?s nests in trees; discussed the decline of bird species; he noted that the current contract was in violation of the Federal Migration Act and the state code; and he discussed the nesting season. 17 May 23, 2011 Item C-12 (continued) Alice Prasad, Associate Analyst, read written comments submitted by: Doris Levy Discussion ensued between the City Council and staff regarding additions to the contract; feasibility of limiting trimming in March and April; requirements to inspect trees for nests before trimming; the large number of trees in the City to be trimmed; concerns with restricting the amount of time allowed to trim trees; cost implications to limiting the time allowed to trim; the specific tree trimming schedule; agreement to ensure that WCA meets requirements; and clarification that requirements will be included in a new agreement for services between the City and WCA. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE A FIVE YEAR PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS IN THE AMOUNT OF $651,979.00 PER YEAR FOR THE FIRST THREE YEARS, $671,593.00 IN YEAR FOUR AND $691,685.00 IN YEAR FIVE; 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 18 May 23, 2011 Public Comment - Items on the Agenda - continued Mayor O?Leary noted confusion earlier with “Public Comment for Items on the Agenda” and he requested public comment. The following members of the audience addressed the City Council: Jeffrey Melnick indicated that he was applying for a position on the Parks, Recreation and Community Services Commission and he provided background on himself and his qualifications to serve. Joel Forman requested reappointment to the Advisory Committee on Redevelopment (ACOR). Kevin Klowden requested reappointment to the LAX Advisory Committee. Evlynne Householder provided background on herself and indicated that she was an applicant to the Parks, Recreation and Community Services Commission. Phillip D. Johnson introduced himself as an applicant for the LAX Advisory Committee. Alexander Lee indicated that he was an applicant for the Disability Advisory Committee and he provided background on himself and his qualifications. Grace Elliott provided background on herself as an applicant to the Disability Advisory Committee. Vicki Daly Redholtz discussed her application to serve on the Civil Service Commission. Jeff Renzi provided background on himself and reported his application to the LAX Advisory Committee. David Voncannon discussed his application to ACOR and provided background on himself. Linda Smith Frost provided background on herself and asked for reappointment to the Planning Commission. 19 May 23, 2011 Public Comment (continued) Marla Koosed discussed her service to the Cultural Affairs Commission and asked to be appointed again. Catherine Yanda discussed her application to the Parks, Recreation and Community Services Commission and requested appointment. Goran Eriksson expressed support for the appointment of Catherine Yanda to the Parks, Recreation and Community Services Commission. Michael Hamill provided background on himself and requested appointment to the Civil Service Commission. Kevin D. Greber provided background on himself and requested appointment to the Civil Service, Cultural Affairs, or the Parks, Recreation and Community Commission. Darrel Menthe requested appointment to the Civil Service Commission and provided background on himself. Leonardo V. Wilborn discussed his application to the Landlord Tenant Mediation Committee and discussed his experience. Kyle Jones expressed interest in applying for the Landlord Tenant Mediation Board. Keith M. Jones requested support to extend the area improvement plan to the end of Washington Boulevard. Howard Sher requested extension of the landscape median project to the end of Washington Boulevard. Erin Olf expressed support for extending the façade improvement program down Washington Boulevard. Ellie Bertwell expressed support for extending the median and façade improvement program to the end of Washington Boulevard. Brian Treanor discussed Federal Safe Route to School funding for Culver City and questioned how the Bicycle Safety and Master Plan was being implemented. 20 May 23, 2011 Joint Action Items Item J-1 Appointments and/or Reappointments to the Planning Commission, Parks, Recreation and Community Services Commission, Civil Service Commission, Cultural Affairs Commission, Disability Advisory Committee, Los Angeles Airport Advisory Committee; Committee on Homelessness; Advisory Committee on Redevelopment and the Landlord-Tenant Mediation Board. Mayor O?Leary invited public comment. There was no response. The City Council expressed appreciation to the applicants and support for citizen involvement, and suggested that those who are not appointed continue to apply, and to attend meetings for the Commissions and Committees they are interested in. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL REAPPOINT LINDA SMITH FROST TO FILL OFFICE NO. 1 AS PLANNING COMMISSIONER TO THE PLANNING COMMISSION FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015. Councilmember Malsin and Mayor O?Leary thanked Vicki Daly Redholtz for her service to the Parks, Recreation and Community Services Commission. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT CATHERINE YANDA TO FILL OFFICE NO. 2 AS PARKS AND RECREATION COMMISSIONER TO THE PARKS AND RECREATION COMMISSION FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT VICKI DALY REDHOLTZ TO FILL OFFICE NO. 4 AS CIVIL SERVICE COMMISSIONER TO THE CIVIL SERVICE COMMISSION FOR A FOUR-YEAR TERM, EXPIRING JUNE 30, 2015 AND REAPPOINT DAN GALLAGHER TO FILL OFFICE NO. 5 AS CIVIL SERVICE COMMISSIONER TO THE CIVIL SERVICE COMMISSION FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015. 21 May 23, 2011 Item J-1 (continued) MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL REAPPOINT MARLA KOOSED TO FILL OFFICE NO. 4 AS CULTURAL AFFAIRS COMMISSIONER TO THE CULTURAL AFFAIRS COMMISSION FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015. Discussion ensued between the City Council and staff regarding expansion of the Disability Advisory Committee; and clarification that the item would return to the City Council for additional appointments if the Committee is expanded. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT GRACE ELLIOT TO FILL OFFICE NO. 3 AS A MEMBER OF THE DISABILITY ADVISORY COMMITTEE FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL REAPPOINT KEVIN KLOWDEN AS A MEMBER OF THE LOS ANGELES AIRPORT ADVISORY COMMITTEE FOR A THREE-YEAR TERM, EXPIRING JUNE 30, 2014. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT KAREN LAMP, JAMES WRIGHT, CHRISTOPHER KING, AND EVLYNNE HOUSEHOLDER AS MEMBERS TO THE COMMITTEE ON HOMELESSNESS FOR A THREE YEAR TERM, EXPIRING ON JUNE 30, 2014. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPOINT JOEL FOREMAN, VERNON TAYLOR, KEVIN LACHOFF, AND DAVID VONCANNON, FOR A FOUR YEAR TERM, EXPIRING JUNE 30, 2015; AND DIRECT STAFF TO CONTINUE RECRUITMENT FOR THE FIFTH VACANCY. Discussion ensued between the City Council and staff regarding late applications for the Landlord Tenant Mediation Board; bringing the item back versus making the appointment subject to review of the late applications; and re-advertising for open positions. 22 May 23, 2011 Item J-1 (continued) MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. REAPPOINT JUDY SCOTT AS LANDLORD REPRESENTATIVE ON THE LANDLORD-TENANT MEDIATION BOARD, TO SERVE A TERM OF THREE YEARS, EXPIRING JUNE 30, 2014; AND 2. APPOINT LEONARDO WILBORN AS MEMBER AT LARGE REPRESENTATIVE ON THE LANDLORD-TENANT MEDIATION BOARD, TO SERVE A TERM OF THREE YEARS, EXPIRING JUNE 30, 2014; AND 3. DIRECT STAFF TO CONTINUE RECRUITMENT FOR THE TENANT REPRESENTATIVE POSITION AND FOR THE TENANT ALTERNATE POSITION. o0o Item J-2 Consideration of a Sponsorship Request from The Method Fest Film Festival. Susan Obrow, Performing Arts and Special Events Coordinator, presented a summary of the material of record Councilmember Weissman received clarification regarding the amount of the sponsorship request. Mayor O?Leary invited public participation. The following members of the audience addressed the City Council: Robert Faust felt that the City deserved a world-class film festival and he expressed support for City sponsorship. Don Franken provided a presentation on the Method Fest to provide background on the event and discussed benefits to the City of sponsoring the event. Seth Carmichael provided background on himself; discussed the Method Fest; and asked that the City sponsor the Festival. 23 May 23, 2011 Item J-2 (continued) Discussion ensued between the City Council and staff regarding City budget issues related to the difficult economic climate and other options for the Festival to explore for sponsorships. At this time, Don Franken asserted that the festival would pay for itself; noted that a title sponsor would be necessary; he discussed establishing a partnership with the City; the projected budget; current sponsors; and the inability to hold the event without the support of the City. Further discussion ensued between the City Council, staff and Mr. Franken regarding budget issues; sponsorship at a reduced level; the Los Angeles Film Festival; the openness of the City to new events; the desirability of the City; the need for more information; economic benefits to the City of Calabasas (where the festival was previously held); and the special event sponsorship policy. o0o Item J-3 Adoption of a Position to Support SB 286 and any Subsequent Legislation that is Essentially Similar to SB 286, Relating to Redevelopment Reforms. Shelly Wolfberg, Assistant to the City Manager, presented a summary of the material of record. Mayor O?Leary invited public participation. The following member of the audience addressed the City Council: Jeff Kiernan, representing the League of California Cities, reported the League?s opposition to the Governor?s proposed elimination of Redevelopment Agencies and noted the importance of support from Culver City. 24 May 23, 2011 Item J-3 (continued) Discussion ensued between the City Council and staff regarding support for the item; tax revenue generation; clarification regarding constitutional amendments; voter approved bonds; the generation of new tax revenue; a suggestion to craft a compromise; addressing key legislator issues; and protecting school funding. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A POSITION OF SUPPORT FOR SB 286 AND ANY SUBSEQUENT LEGISLATION THAT IS ESSENTIALLY SIMILAR TO SB 286; ADD TAX GENERATION AT BOTH THE LOCAL AND STATE LEVEL TO THE LIST OF CRITERIA; AND DIRECT THE CITY MANAGER TO TRANSMIT THE CITY?S/AGENCY?S POSITION LETTER TO CULVER CITY?S STATE REPRESENTATIVES, THE CALIFORNIA REDEVELOPMENT ASSOCIATION, THE LEAGUE OF CALIFORNIA CITIES, AND OTHERS AS APPROPRIATE. o0o Item J-4 Discussion Related to the Reuse of Vacant Gas Station Sites in Redevelopment Component Area Number 4 and Vacant Commercial Properties City-wide. Staff presented a summary of the material of record. Mayor O?Leary invited public participation. There was no response. Discussion ensued between the City Council and staff regarding long-term vacant properties; revenue generation; designs for development for vacant properties; the status of specific properties in the City; the amount of staff time involved; fines and waivers; fees versus taxes; property maintenance standards; incentive packages for preferred usage; addressing chain link fences; and construction surrounds. 25 May 23, 2011 Item J-4 (continued) Further discussion ensued regarding creating a registry of vacant properties; minimum standards for aesthetics; environmental monitoring; long term lease holds; practices of oil companies; effects of the economy on vacant lots; redevelopment parcels; bids on vacant properties; dealing with issues on an interim basis; concern with blight; incentives and disincentives; vacant and poorly maintained commercial property; agreement to separate the issues and focus on maintenance; and instruction for staff to bring back further information on the status of the program in Wilmington, Delaware. o0o Item J-5 Consideration of Area Improvement Plan Expansion along West Washington Boulevard and Direct the City Manager as Deemed Appropriate. Sol Blumenfeld, Community Development Director, presented a summary of the material of record Mayor O?Leary invited public participation. Alice Prasad, Associate Analyst, read written comments submitted by: Jeff Glass Darren Kessner Discussion ensued between the City Council and staff regarding appreciation for the work of Keith Jones; Costco; support for the investment; the potential of the area; support for West Washington Area Improvement Program and expanding three additional phases (IV, V and VI); potential benefits to property values in the area; integration of the Master Bicycle Plan; the need for additional study; concern regarding funding sources; projects that would be affected as a consequence of the AIP proposal; and benefits to the surrounding areas. 26 May 23, 2011 Item J-5 (continued) MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CONSIDER THE EXPANSION OF ADDITIONAL AREA IMPROVEMENT PLAN AREAS ALONG WEST WASHINGTON BOULEVARD FROM BEETHOVEN STREET TO WALNUT AVENUE TO THE WEST AND CENTINELA AVENUE TO ATLANTIC AVENUE TO THE EAST AS PART OF THE AGENCY BOARD ADOPTED BUDGET FOR FISCAL YEAR 2011/2012 AND DIRECT THE CITY MANAGER AS DEEMED APPROPRIATE. o0o Action Items Item A-1 Adoption of a Resolution Approving a Two (2) Year Memorandum of Understanding with the Culver City Management Group for the Period of July 1, 2011 through June 30, 2013. Councilmember Malsin recused himself from this item due to a conflict of interest and exited the Council Chambers. Serena Wright, Director of Human Resources, presented a summary of the material of record. Mayor O?Leary invited public participation. The following member of the audience addressed the City Council: Glenn Heald, President of the Culver City Management Group, made himself available for any questions that might arise. Discussion ensued between the City Council and staff regarding support for the agreement; appreciation for the negotiating team; the strong support for the agreement by the negotiating team; and the constructive approach taken to managing the unfunded and pension retiree medical liability future. 27 May 23, 2011 Item A-1 (continued) MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER COOPER, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R041 APPROVING A TWO (2) YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CULVER CITY MANAGEMENT GROUP FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2013. AYES: Councilmembers Armenta, Cooper, Weissman, O?Leary NOES: None ABSTAIN: Councilmember Malsin ABSENT: None Councilmember Malsin returned to the Council Chambers. o0o Item A-2 Adoption of a Resolution Approving an Executive Compensation Plan. The item was carried over to the Council Meeting of June 6, 2011. o0o 28 May 23, 2011 Item A-3 Approval of a Streetlight Pole Banner Installation Featuring Swimmers from the Culver City Municipal Plunge. Christine Byers, Public Art and Historic Preservation Coordinator, presented a summary of the material of record. Mayor O?Leary invited public participation. The following member of the audience addressed the City Council: Tony Pappas noted that there were no copies of the agenda available at the back of the auditorium and he felt the way the meetings are run is confusing as there is not a clear separation between the City Council and the Redevelopment Agency. Alice Prasad, Associate Analyst, read written comments submitted by: Barry Shore Michelle Bernardin Discussion ensued between the City Council and staff regarding banner content. MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE THE STREETLIGHT POLE BANNER INSTALLATION BASED ON AN ART CONCEPT BY JUDY STARKMAN FEATURING PHOTOGRAPHS OF SWIMMERS FROM THE CULVER CITY MUNICIPAL PLUNGE; 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 29 May 23, 2011 Item A-4 Adoption of a Resolution Approving the Format of the City Council Agenda Mayor O?Leary invited public participation. The following members of the audience addressed the City Council: Tony Pappas expressed opposition to this agenda item. Egon Monostory expressed opposition to this agenda item. Discussion ensued between the City Council and staff regarding the ceding of speaker time for items on the agenda; clarification on the definition of the word “cede”; discretion of the Mayor or Chair regarding late cards; the three minute time limit; the “Public Comment for Items on the Agenda” section; the difficulty of creating cohesive minutes unless comments regarding agenda items are made when the item is considered; the option to change the order of the agenda; and a suggestion that an explanation of “Public Comment for Items On the Agenda” be placed on the cover sheet and not included on the agenda itself. MOVED BY COUNCILMEMBER COOPER AND SECONDED BY COUNCILMEMBER MALSIN, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R042 APPROVING THE FORMAT OF THE CITY COUNCIL AGENDA. AYES: Councilmembers Cooper, Malsin, O?Leary NOES: Councilmembers Armenta, Weissman ABSTAIN: None ABSENT: None o0o Public Comment for Items Not on the Agenda – continued. Mayor O?Leary invited public participation. There was no response. o0o 30 May 23, 2011 Receipt of Correspondence MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Items from Staff Items Presented by Martin Cole, Assistant City Manager/City Clerk: Discussed the schedule of upcoming meetings. o0o Items from the City Council Items Presented by Councilmember Malsin: Requested an update on the requests for proposals for Parcel B. o0o 31 May 23, 2011 Adjournment There being no further business, at 11:40 p.m., the City Council adjourned its meeting to a meeting to be held on June 6, 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