THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
August 22, 2011
5:34 p.m.
REGULAR MEETING OF THE
CITY COUNCIL, CITY OF CULVER CITY,
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 5:34
p.m.
Present: Micheal O'Leary, Mayor
D. Scott Malsin, Vice Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Absent: Andrew Weissman, Councilmember - excused
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Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Real Property Negotiators
Re: 4044-4068 Globe Avenue, Culver City
Agency Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development
Director/Assistant Executive Director and Murray Kane, Agency
General Counsel
Other Parties Negotiators: Habitat for Humanity of Greater Los
Angeles
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-2 Conference with Real Property Negotiators
Re: Metro Right-of-Way (adjacent to Exposition Boulevard)
Agency Negotiator: John Nachbar, City Manager/Executive
Director Sol Blumenfeld, Community Development
Director/Assistant Executive Director, Todd Tipton, Deputy
Community Development Director/Redevelopment Administrator and
Murray Kane, Agency General Counsel
Other Parties Negotiators: Rick Thorpe, Chief Executive
Officer, Exposition Light Rail Construction Authority August 22, 2011
Closed Session
(continued)
CS-3 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-4 Conference with Legal Counsel - Anticipated Litigation
Re: Significant Exposure to Litigation - (3 items)
Pursuant to Government Code Section 54956.9(b)(1)
CS-5 Conference with Real Property Negotiators
Re: 9426 and 9430 Washington Boulevard
Agency Negotiator: John M. Nachbar, City Manager, Sol
Blumenfeld, Community Development Director, Todd Tipton,
Deputy Community Development Director and Carol Schwab, City
Attorney
Other Parties Negotiators: Aenaria, LLC
Under Negotiation: Both Price and Terms of Payment, including
use restrictions, development obligations and other monetary
related considerations
Pursuant to Government Code Section 54956.8
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Recess
The City Council recessed to Closed Session at 5:35 p.m.
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Reconvene
The City Council reconvened its meeting at 7:22 p.m.
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2 August 22, 2011
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Cary Anderson.
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Closed Session Report
Mayor O'Leary indicated there was nothing to report out from
Closed Session.
Presentations
A Proclamation in Honor of Fiesta La Ballona.
Mayor O'Leary read the proclamation in its entirety.
Tom Camarella, Fiesta La Ballona Committee, thanked the City
Council and accepted the proclamation. Mr. Camarella extended
an invitation to attend the 60th annual Fiesta La Ballona
celebration on August 26-28, 2011; thanked sponsors and the
City for their support; and discussed scheduled entertainment
and vendors.
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Community Announcements by City Council Members/Information
Items from Staff.
Councilmember Cooper requested and received City Council
consensus to agendize a discussion regarding naming the Senior
Center in honor of Albert and Ursula Vera.
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Item P-1 Item P-1
3 August 22, 2011
Joint Public Comment — Items Not on the Agenda
Mayor O'Leary invited public comment.
The following members of the audience addressed the City
Council:
Ira Diamond discussed the need to provide shoes for the
homeless in the community; discussed the "Shoes for the
Homeless" organization; and requested help with donations.
Barbara Silverstein thanked the City for excellent paramedic
services.
Robert Zirgulis requested an agendized discussion to consider
supporting Proposition 1481 to raise money for Culver City
schools.
Amanda Copeland expressed support for renaming the Senior
Center to honor Albert and Ursula Vera; and requested help
resolving issues with the Culver City School District.
Rich Waters requested that the issue of diseased ficus trees
in the City be immediately addressed.
Discussion ensued between the City Council and Charles
Herbertson, Public Works Director/City Engineer regarding
diseased ficus trees; replacement trees; communication with
residents; actions to help the trees; scheduling; West Coast
Arborists; tree assessment; and proper trimming.
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Receipt of Correspondence
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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4 August 22, 2011
Joint Consent Calendar
Item JC -1
Approval of a Fourth Amendment to the Existing Professional
Services Agreement with Lea Associates Inc. for Real Estate
Appraisal Services.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER THAT THE CITY COUNCIL AND AGENCY BOARD:
1. APPROVE THE FOURTH AMENDMENT TO THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH LEA ASSOCIATES, INC., FOR REAL ESTATE
APPRAISAL SERVICES; AND,
2.
AUTHORIZE THE CITY ATTORNEY/AGENCY GENERAL 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 AGENCY. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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Consent Calendar
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS
C-2 THROUGH C-6, AND C-8.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
5 August 22, 2011
Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FOR JULY 30,
2011 TO AUGUST 12, 2011.
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Item C-3
(1) Acceptance of Work Performed by Creative Nile Builders,
Inc.; (2) Authorization to file a Notice of Completion; and,
(3) Authorization to Release the Retention Payment for the El
Marino Park Playground Rehabilitation Project, P-899, after
the Expiration of the 35-Day Lien Period.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY CREATIVE NILE BUILDERS, INC.
FOR THE EL MARINO PARK PLAYGROUND REHABILITATION PROJECT,
P-899; AND,
2. AUTHORIZE THE PARKS DIVISION MANAGER TO EXECUTE THE NOTICE
OF COMPLETION AND SUBMIT IT TO THE LOS ANGELES COUNTY
RECORDER'S OFFICE; AND,
3. AUTHORIZE THE CITY MANAGER TO RELEASE $4,524.20 IN
RETENTION FUNDS TO CREATIVE NILE BUILDERS, INC. AFTER THE
EXPIRATION OF THE 35-DAY LIEN PERIOD.
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6 August 22, 2011
Item C-4
Approval of the Final Plans and Specifications and
Authorization to Publish a Notice Inviting Bids for the Ballona
Creek Storm water and Rain Garden Improvement Project.
THAT THE CITY COUNCIL:
1.
APPROVE THE PLANS AND SPECIFICATIONS FOR THE BALLONA
CREEK STORM WATER AND RAIN GARDEN IMPROVEMENT PROJECT,
2-497; AND
2. AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR THE
BALLONA CREEK STORM WATER AND RAIN GARDEN IMPROVEMENT
PROJECT, P-497.
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Item C-5
Award of a Construction Contract to Eagle Pump Services for
the Culver City Park Booster Pump Replacement Project.
THAT THE CITY COUNCIL:
I. AWARD A CONTRACT TO EAGLE PUMP SERVICES FOR THE CULVER CITY
PARK BOOSTER PUMP REPLACEMENT PROJECT, P-922, IN THE AMOUNT OF
$69,550.00, BASED ON ITS BASE BID; AND,
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $6,955.00, IF
NECESSARY; AND,
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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7 August 22, 2011
Item C-6
Approval of the Final Plans and Specifications and
Authorization to Publish a Notice Inviting Bids for the Fire
Station #1 Exterior Staircase Reconstruction Project.
THAT THE CITY COUNCIL:
1. APPROVE THE PLANS AND SPECIFICATIONS FOR FIRE STATION #1
EXTERIOR STAIRCASE RECONSTRUCTION PROJECT, P-931; AND
2. AUTHORIZE PUBLICATION OF A NOTICE INVITING BIDS FOR THE FIRE
STATION #I EXTERIOR STAIRCASE RECONSTRUCTION PROJECT, P-931.
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Item C-8
Approval of the Certification and Submission of the Section 8
Management Assessment Program (SEMAP) for Fiscal Year
2010/2011.
THAT THE CITY COUNCIL:
1. APPROVE THE CERTIFICATION AND SUBMISSION OF THE SECTION 8
MANAGEMENT ASSESSMENT PROGRAM (SEMAP) TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND,
2. AUTHORIZE THE MAYOR AND THE CITY MANAGER TO EXECUTE THE SEMAP
CERTIFICATION ON BEHALF OF THE CITY.
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8 August 22, 2011
The following Consent Calendar items were discussed and voted
on separately:
Item C-1
Meeting Minutes
Councilmember Malsin provided verbiage to clarify the
intent of his statement for Consent Calendar Item C-8 on
page 8 of the July 25, 2011 City Council meeting minutes.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE
REGULAR MEETING OF JULY 25, 2011 AS AMENDED, AND THE MINUTES OF
THE REGULAR MEETING OF AUGUST 8, 2011 AS SUBMITTED.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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Item C-7
Approval of By-laws for the Culver City Committee on
Homelessness.
Mayor O'Leary invited public comment.
The following members of the audience addressed the City
Council:
Cary Anderson discussed posting notices regarding the
panhandling ordinance and ATMs; frequency of meetings;
attendance; and timeliness of meeting minutes.
Christopher Patrick King, member, Culver City Committee on
Homelessness, encouraged passage of the new bylaws and he
indicated that he was available for consultation and a willing
resource.
9 August 22, 2011
Item C-7
(continued)
Councilmember Malsin received consensus that verbiage be
adjusted to allow for expanding or contracting the Committee so
that the document does not become obsolete if changes to the
Committee are made.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE CITY COUNCIL APPROVE THE BY-LAWS OF THE CULVER
CITY COMMITTEE ON HOMELESSNESS WITH THE MODIFICATION OF WORDING
DISCUSSED BY THE CITY COUNCIL.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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Item C-9
Approval of a Professional Services Agreement with Tyler
Technologies for the Purchase, Implementation and Software
Maintenance/Support of a New Financial System.
Mayor O'Leary invited public comment.
The following member of the audience addressed the City
Council:
Cary Anderson expressed concerns regarding certain costs
associated with this agreement.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE CITY COUNCIL:
1. APPROVE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT-
TO-EXCEED $912,476.00 WITH TYLER TECHNOLOGIES TO PROVIDE
SOFTWARE, BUSINESS PARTNER SOFTWARE AND EQUIPMENT, AND
PROFESSIONAL SERVICES TO REPLACE THE JD EDWARDS FINANCE
SYSTEM; AND,
10 August 22, 2011
Item C-9
(continued)
2. AUTHORIZE THE CHIEF FINANCIAL OFFICER TO APPROVE CHANGE
ORDERS TO THE CONTRACT IN THE AGGREGATE AMOUNT NOT-TO-EXCEED
$100,000.00, IF NECESSARY; AND,
3. AUTHORIZE THE CHIEF FINANCIAL OFFICER TO APPROVE ADDITIONAL
LABOR CHARGES FOR PROJECT LABOR IN AN AMOUNT NOT-TO-EXCEED
$100,000.00; AND,
4. AUTHORIZE PAYMENT OF $72,138.00 TO TYLER TECHNOLOGIES FOR ONE
YEAR OF FINANCIAL SOFTWARE MAINTENANCE/SUPPORT TO BE EFFECTIVE
UPON INSTALLATION OF THE SOFTWARE; AND,
5. AUTHORIZE PAYMENT OF $164,094.00 FOR THE ANNUAL
MAINTENANCE/SUPPORT RENEWAL WITH TYLER TECHNOLOGIES FOR THE
SECOND YEAR AND EACH SUCCESSIVE YEAR UNTIL THE MAINTENANCE
AGREEMENT IS TERMINATED OR SUBSTANTIALLY CHANGED BY EITHER
PARTY; AND,
6. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND
7. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
AYES: Councilmembers Armenta, Cooper, Maisin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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11 August 22, 2011
Public Hearing
Item PH-1
(1) Adoption of a Resolution for the Certification of
Conformance with the Congestion Management Program for Los
Angeles County and (2) Adoption of the CMP Local Development
Report.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS
OF PUBLICATION AND POSTING OF NOTICES AND CORRESPONDENCE
RECEIVED IN RESPONSE TO THE PUBLIC HEARING NOTICES.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE PUBLIC HEARING BE OPENED.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
Mayor O'Leary invited public participation.
There was no response.
MOVED BY COUNCILMEMBER ARMENTA AND SECONDED BY COUNCILMEMBER
COOPER, THAT THE PUBLIC HEARING BE CLOSED.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
12 August 22, 2011
Item PH-1
(continued)
Councilmember Malsin received clarification regarding review
and revision of the Transportation Demand Ordinance.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2011-R077 FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM; AND,
2. ADOPT THE CMP LOCAL DEVELOPMENT REPORT FOR 2011.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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Joint Action Item
Item JA
(1) Agency Board Adoption of a Resolution Adopting the
Enforceable Obligations Payment Schedule Pursuant to Sections
34167 and 34169 of the Health and Safety Code, (2) Agency
Board Authorization to the Executive Director to Make Such
Payments on Behalf of the Agency Utilizing Available Agency
Revenues, Including, but not Limited to, Newly Received Tax
Increment Proceeds; and, (3) City Council Authorization to the
City Manager and Chief Financial Officer to Make Such Payments
on Behalf of the Agency Utilizing Former Agency Assets in the
Case Sufficient Agency Revenues are Unavailable.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O'Leary invited public participation.
There was no response.
13 August 22, 2011
Item JA-1
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER
ARMENTA, THAT THE CITY COUNCIL AUTHORIZE THE CITY MANAGER AND
CHIEF FINANCIAL OFFICER TO MAKE SUCH PAYMENTS ON BEHALF OF THE
AGENCY UTILIZING FORMER AGENCY ASSETS IN THE CASE THAT
SUFFICIENT AGENCY REVENUES ARE UNAVAILABLE.
AYES: Counoilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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Action Items
Item A-1
Consideration of Member Absence for the Landlord Tenant
Mediation Board.
Mayor O'Leary invited public comment.
The following members of the public addressed the City
Council:
Cary Anderson discussed the frequency of meetings and
attendance policy.
MOVED BY COUNCILMEMBER ARMENTA AND SECONDED BY COUNCILMEMBER
MALSIN, THAT THE CITY COUNCIL ALLOW STEVE REITZFELD TO
CONTINUE TO SERVE AS LANDLORD REPRESENTATIVE TO THE LANDLORD
TENANT MEDIATION BOARD.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Councilmember Weissman
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14 August 22, 2011
Item A-2
(1) Designation of the City's Voting Delegate and Alternate-
Delegate and (2) Taking of Positions on the Six Policy
Resolutions Submitted to the General Assembly for the League of
California Cities.
Mayor O'Leary invited public comment.
There was no response.
Councilmember Armenta felt that the delegates should abstain
from items that are not germane to the City.
MOVED BY COUNCILMEMBER ARMENTA AND SECONDED BY COUNCILMEMBER
COOPER. THAT THE CITY COUNCIL:
1.
DESIGNATE MAYOR MICHEAL O'LEARY AS THE VOTING DELEGATE AND
ASSISTANT CITY MANAGER MARTIN COLE AS VOTING DELEGATE-
ALTERNATE; AND,
2.
TAKE THE POSITIONS REGARDING THE SIX RESOLUTIONS PRESENTED
TO THE GENERAL ASSEMBLY FOR CONSIDERATION AS OUTLINED IN THE
STAFF REPORT; AND,
3.
AUTHORIZE THE VOTING DELEGATE AND VOTING DELEGATE-ALTERNATE
TO CAST VOTES EXERCISING REASONABLE DISCRETION IN THE CASE
CIRCUMSTANCES AT THE GENERAL ASSEMBLY WARRANT A CHANGE IN VOTE.
AYES: Councilmembers Armenta, Cooper, Malsin, O'Leary
NOES: None
ABSTAIN: None
ABSENT: Counciimember Weissman
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Public Comment for Items Not on the Agenda - continued.
Mayor O'Leary invited public participation.
There was no response.
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15 August 22, 2011
Items from the City Council
Items Presented by Councilmember Cooper:
• Reminded everyone to attend Fiesta La Ballona on August
26-28, 2011, noting that elected officials and department
heads would be present at the City booth.
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Items Presented by Councilmamber
• Invited everyone to attend the final concert of the
Culver City Summer Concert Series on August 25, 2011; and
he also announced free performances by the Culver City
Public Theatre at Carlson Park and The Actors Gang on
August 27-28, 2011.
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16 August 22, 2011
Adjournment
There being no further business, at 8:18 p.m., the City
Council adjourned its meeting to a meeting to be held on
September 12, 2011.
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Ela Valladares
DEPUTY CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
APPROVED
MICHEAL O'LEARY
MAYOR of the City of Culver City, California
17