THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
SPECIAL MEETING OF THE December 5, 2011
CITY COUNCIL, CITY OF CULVER CITY, 7:04 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 7:04
p.m.
Present: Micheál O‘Leary, Mayor
D. Scott Malsin, Vice Mayor
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
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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 Fred Yglesias.
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Closed Session Report
Councilmember Malsin indicated that no Closed Session had
been held.
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Community Announcements by City Council Members/Information
Items from Staff
Mayor O’Leary announced that the Culver City High School
Centaurs football team would be playing in the CIF finals in
San Luis Obispo on December 9, 2011; and he reported on Small
Business Saturday held this past weekend and he thanked the
Chamber of Commerce for their support.
Councilmember Malsin thanked City staff and the Downtown
Business Association for their efforts in making the Tree
Lighting ceremonies a success. 2
December 5, 2011
Adjourn in Memory
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER
WEISSMAN, AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS
ADJOURNED, IT BE ADJOURNED IN MEMORY OF JACQUELINE REGNIER
RIVERA, MOTHER OF JOHN RIVERA, SENIOR MANAGEMENT ANALYST.
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Joint Public Comment – Items Not on the Agenda
Councilmember Malsin invited public comment.
The following members of the audience addressed the City
Council:
Fred Yglesias discussed his experiences serving in World
War II.
Karen Coyle, Culver City Historical Society, extended an
invitation to attend the ceremony for the placement of
Historical Marker #13 at the Veterans Memorial building on
December 10, 2011.
Karlo Silbiger, member, Culver City School Board, extended
an invitation to attend the swearing in of two new School
Board members on December 13, 2011 at Linwood Howe School
Auditorium. Mr. Silbiger noted difficulties with holding
meetings at that location; he thanked the City Council for
allowing them to use the City Council Chambers once per
month for School Board meetings; and he requested that the
City work to accommodate the School Board with a second
meeting per month in the Council Chambers.
Cary Anderson provided pictures of crowds for midnight
showings at the Pacific Theaters that extend into the
neighborhoods and leave trash and graffiti behind; he
discussed the inadequacy of the clean up efforts, noting
that he felt it was the responsibility of the movie theatre
to clean up the mess; he suggested having the theatre
provide larger trash cans for those people waiting in line;
and he discussed a decaying Styrofoam façade on Culver
Boulevard. 3
December 5, 2011
Public Comment
(continued)
Councilmember Malsin requested that staff work with the
movie theatre to provide trash receptacles.
Councilmember Armenta received clarification as to when the
pictures were taken.
At this time, Martin Cole, Assistant City Manager/City
Clerk, announced that Time Warner was experiencing
difficulties with cable transmission of this meeting.
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Receipt of Correspondence
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE CORRESPONDENCE.
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Joint Consent Calendar
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O’LEARY
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
JOINT CONSENT CALENDAR ITEMS JC-1 AND JC-1.
Item JC-1
Agency Board Receipt and Filing of the State Controller’s
Report and Related Documents for Fiscal Year 2010/2011, and
Transmittal of Such Report to the City Council and State
Controller’s Office
THAT THE CITY COUNCIL AND AGENCY BOARD RECEIVE AND FILE THE
CULVER CITY REDEVELOPMENT AGENCY’S ANNUAL REPORT FOR FISCAL
YEAR 2010/2011 (INCLUDING THE BLIGHT PROGRESS REPORT, LOAN
REPORT AND PROPERTY REPORT PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33080).
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December 5, 2011
Item JC-2
Approval of a First Amendment to the Disposition and
Development Agreement By and Between The Culver City
Redevelopment Agency, The City of Culver City, and Tilden
Terrace, L.P.
THAT THE CITY COUNCIL AND AGENCY BOARD:
1. APPROVE A FIRST AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CULVER CITY
REDEVELOPMENT AGENCY, THE CITY OF CULVER CITY, AND TILDEN
TERRACE, L.P.; AND,
2. AUTHORIZE THE CITY ATTORNEY/CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND,
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY OF CULVER CITY.
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Consent Calendar
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O’LEARY, AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT
CALENDAR ITEMS C-1 AND C-4 THROUGH C-8.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE SPECIAL
MEETING OF NOVEMBER 7, 2011 AS SUBMITTED.
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December 5, 2011
Item C-4
Approval of an Agreement with Complete Coach Works for the
Removal and Installation of the Orbital/ACS SmartBus Systems
on Twenty Old and New Transit Buses in an Amount Not to Exceed
$228,941.
THAT THE CITY COUNCIL:
1. APPROVE AN AGREEMENT WITH COMPLETE COACH WORKS IN AN
AMOUNT NOT TO EXCEED $228,941 ($222,273 PLUS $6,668 IN 3%
CONTINGENCY) FOR THE REMOVAL AND REINSTALLATION OF
SMARTBUS/AVL EQUIPMENT FROM AND INTO TWENTY TRANSIT BUSES,
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 Approving an Encroachment
Agreement with Time Warner Cable for Use of the Public
Rights-of-Way on Bristol Parkway.
THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2011-R095 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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December 5, 2011
Item C-6
(1) Acceptance of Work Performed by ACCO Engineered Systems;
(2) Authorization to file a Notice of Completion; and (3)
Authorization to Release the Retention Payment after the
Expiration of the 35-Day Lien Period for the Veterans Memorial
Building Chiller and Boiler Replacement Project, P-132.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY THE CONTRACTOR, ACCO
ENGINEERED SYSTEMS, FOR THE WORK PERFORMED FOR THE VETERANS
MEMORIAL BUILDING CHILLER AND BOILER REPLACEMENT PROJECT,
P-132; AND,
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE THE NOTICE OF COMPLETION AND SUBMIT IT TO THE LOS
ANGELES COUNTY RECORDER’S OFFICE FOR RECORDATION; AND,
3. AUTHORIZE THE RELEASE OF $18,845.30 IN RETENTION FUNDS TO
ACCO ENGINEERED SYSTEMS FOLLOWING THE EXPIRATION OF THE 35-DAY
LIEN PERIOD.
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December 5, 2011
Item C-7
Award of a Construction Contract to Sequel Constructors,
Inc. for the Baldwin Avenue (Braddock Drive to Farragut
Drive) Street Improvement and Rain Garden Project, P-428.
THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO SEQUEL CONTRACTORS, INC. FOR THE
BALDWIN AVENUE STREET IMPROVEMENT AND RAIN GARDEN PROJECT,
P-428, IN THE AMOUNT OF $267,167.50, BASED ON ITS BASE BID;
AND,
2. INCLUDE IN THE ABOVE CONTRACT AWARD “ADD ALTERNATE #2
FOR SIDEWALK, CURB, AND GUTTER REPAIR” IN THE AMOUNT
$45,990.00; AND,
3. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $45,000,
IF NECESSARY; AND,
4. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
5. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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December 5, 2011
Item C-8
(1) Reject Bids submitted by Rafael 26 Construction, Inc.
and Araghi Corporation; and (2) Award a Construction
Contract to Hoffman Management and Construction Corporation
for the Construction of Fire Station #1 Exterior Staircase
Reconstruction Project, P-931.
THAT THE CITY COUNCIL:
1. REJECT THE BIDS SUBMITTED BY RAFAEL 26 CONSTRUCTION,
INC. AND ARAGHI CORPORATION DUE TO ITS BIDS BEING NON-
RESPONSIVE; AND,
2. AWARD A CONTRACT TO HOFFMAN MANAGEMENT AND CONSTRUCTION
CORPORATION FOR THE FIRE STATION #1 EXTERIOR STAIRCASE
RECONSTRUCTION PROJECT, P-931, IN THE AMOUNT OF $52,857.75,
BASED ON ITS BASE BID; AND,
3. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED
$12,412.25, IF NECESSARY; AND,
4. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
5. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
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December 5, 2011
The following Joint Consent Calendar item was discussed and
voted on separately:
Item JC-3
Approval of (1) an Exclusive Negotiation Agreement and (2) a
License Agreement between the City of Culver City, the Culver
City Redevelopment Agency and Habitat for Humanity of Greater
Los Angeles for the Development of the City/Agency-Owned Site
located at 4044-4068 Globe Avenue for Low and Moderate Income
Ownership Housing.
The following members of the audience addressed the City
Council:
Gary Reissman expressed concern with potential traffic and
parking issues with the proposed Habitat for Humanity
development; he felt that the residents would park on the
street and drive traffic on to Sawtelle Boulevard, making
it difficult for them to park in front of their houses; he
noted the danger of pulling out of their driveways; he
reported that current Globe Avenue residents want to
institute restricted parking on Globe Avenue; and he
requested that parking studies be done and parking issues
addressed before everything is approved.
Councilmember Malsin suggested agendizing the creation of a
permit-parking district on Sawtelle Boulevard and in the
area of the proposed new development at Washington and
Sawtelle Boulevards.
Audience participation continued:
Gary Silman alleged inadequate notification for this item
and felt the item should be postponed; asserted that the
development was contrary to the original intention of the
redevelopment purchase; and he expressed concern that the
alleged agreement that no trees were to be touched would be
breached.
Cary Anderson discussed parking enforcement in the area and
opined that creating parking districts did not solve the
issues. 10
December 5, 2011
Item JC-3
(continued)
Discussion ensued between the City Council and staff regarding
the process; the Exclusive Negotiation Agreement; direction
with regard to trees and parking; the Development and
Disposition Agreement; public notice procedures; covered
parking; future opportunities to work out details; and
clarification that the reduction in units was a result of
community comments.
MOVED BY MAYOR O’LEARY, SECONDED BY COUNCILMEMBER COOPER, AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH
HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE
PREPARATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR
THE DEVELOPMENT OF 10 AFFORDABLE OWNERSHIP HOUSING UNITS
LOCATED AT 4044-4068 GLOBE AVENUE; AND,
2. APPROVE A LICENSE AGREEMENT WITH HABITAT FOR HUMANITY OF
GREATER LOS ANGELES AND THE CITY TO PERFORM DUE DILIGENCE
ON THE CITY-OWNED PROPERTY LOCATED AT 4044-4068 GLOBE
AVENUE; AND,
3. AUTHORIZE THE CITY ATTORNEY/CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
Councilmember Malsin requested and received City Council
consensus to look into creating a permit-parking district
on Globe Avenue.
Councilmember Weissman received clarification regarding the
proposed study of City parking districts.
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December 5, 2011
The following Consent Calendar items were discussed and
voted on separately:
Item C-9
Approval of a Memorandum of Understanding/Lease Agreement
with the Friends of the Culver City Scout House and the
Culver City Rock and Mineral Club, Inc. for the Renovation/
Repairs and Leasehold Interests in the Property Located at
10866 Culver Boulevard (the Scout House).
The following member of the audience addressed the City
Council:
Gary Silbiger opined that there were several items on the
Consent Calendar that were not considered routine and
should have public input; expressed concern with the
alleged lack of public input and the need for a fair and
open procedure; felt the required improvements should be
listed and itemized with the total amount spent listed;
opposed the process being followed; supported soliciting
additional proposals; expressed concern with sole source
bids; he noted that the contract was not contained in the
staff report; asked about usage of the property by other
organizations; expressed opposition to the privatization
of parks and other buildings in them; and he asked that
there be additional outreach and that other organizations
be allowed to submit proposals.
Discussion ensued between the City Council and staff
regarding the current state of the building; the process;
the length of commitment; the Parks Master Plan; whether
other groups want to use the property; the original tenant
of the hut; clarification that the use is non-exclusive so
while the groups have priority use, it is still available
to other groups as well; and it was noted that the facility
has been unusable due to needed repairs. 12
December 5, 2011
Item C-9
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O’LEARY
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A MEMORANDUM OF UNDERSTANDING/LEASE AGREEMENT BY
AND AMONGST THE CITY, FRIENDS OF THE CULVER CITY SCOUT
HOUSE, AND THE CULVER CITY ROCK AND MINERAL CLUB, INC ;
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-2
Allocation of Funds for the 2012 Performing Arts Grant
Program as Recommended by the Cultural Affairs Commission.
Councilmember Cooper received clarification that Brasil
Brasil Cultural Center and Washing Day Coin Laundry are
both located within Culver City.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
ALLOCATE FUNDS FOR THE 2012 PERFORMING ARTS GRANT PROGRAM
AS RECOMMENDED BY THE CULTURAL AFFAIRS COMMISSION AND AS
OUTLINED IN THE STAFF REPORT.
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December 5, 2011
Item C-3
Adoption of a Resolution Approving a Three (3) Year
Memorandum of Understanding with the Culver City Fire
Management Group for the Period of January 1, 2012 through
December 31, 2014, with the Option of an Additional One (1)
Year Extension.
Councilmember Armenta thanked the Culver City Fire
Management Group and staff for their work on the Memorandum
of Understanding.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
ADOPT RESOLUTION NO. 2011-R094 APPROVING A THREE (3) YEAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CULVER
CITY FIRE MANAGEMENT GROUP FOR THE PERIOD OF JANUARY 1,
2012 THROUGH DECEMBER 31, 2014, WITH THE OPTION OF AN
ADDITIONAL ONE (1) YEAR EXTENSION.
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Joint Action Items
Item A-1
Selection of a Developer for Negotiations to Redevelop
Property Located at 9300 Culver Boulevard (Parcel B).
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Martin Cole, Assistant City Manager/City Clerk, reported that
emails received today had been incorporated into the public
record.
Councilmember Malsin invited public comment.
The following members of the audience addressed the City
Council:
Darryl Cherness expressed support for the Paseo proposal due to
its architectural features and the donation of a small building
to be used for an arts program. 14
December 5, 2011
Item A-1
(continued)
Sandra Lozano expressed support for the Combined Properties
project.
Ross Hawkins expressed concern with public notice regarding ad
hoc committee meetings; creating a fair and balanced committee;
the suggestion to consider a Motion Picture and Television
Museum; and offers of assistance for establishing a museum.
Christopher King thanked the City Council and staff for their
efforts on the project.
Marlyn Musicant discussed architecture in the City and
expressed support for the Combined Properties proposal.
Adham Refaat asserted that style was not as important as a
functional design; discussed the importance of energizing
downtown and creating a viable downtown area; he suggested that
the City challenge the developers to push the design forward to
achieve a pedestrian connection; and he discussed the need for
a public plaza performance area.
Julie Lugo Cerra congratulated the City on the process;
commented on the length of time that the parcel has been empty;
and expressed confidence in staff and the developers.
Tom Camarella expressed concern that the development be a
quality project and fit in with the surrounding area; he
discussed the post office property; suggested putting
restrictions on the property; he questioned how much the post
office lot was sold for and whether a penalty was paid for
restricting the height; and he discussed benefits to the City.
Discussion ensued between the City Council and staff regarding
the net profit the Redevelopment Agency received from the 9900
Culver Boulevard property. 15
December 5, 2011
Item A-1
(continued)
Audience participation continued:
Cary Anderson expressed concern with parking for the project so
that the surrounding neighborhood is not affected.
Karim Sahli expressed support for the Combined Properties
project due to the amount of public space provided and he
discussed the integration with Town Plaza.
Meghan Sahli Wells discussed the entitlements for the site and
expressed support for the Combined Properties proposal.
Marvin Snyder expressed support for the Tolkin Group.
Kevin Lachoff urged the City Council to move forward with
developer selection; discussed choosing a capable and qualified
developer; the importance of additional retail tenants and
adequate parking; and ensuring that the selected developer
delivers their project.
Goran Eriksson urged the City Council to pick a developer and
move forward on Parcel B.
Steven Rose, Culver City Chamber of Commerce, expressed support
for moving forward with the project and discussed the
importance of small businesses.
Seth Horowitz, Culver Hotel, expressed support for moving
forward with the development; concern with parking issues; and
he wanted to see more retail in the area.
Jon Tolkin discussed the Tolkin Group and their eagerness to
work with the City.
Renato Romano discussed parking; high quality tenants; the need
for retail; Combined Properties; the value of the lot; and
creating a prosperous downtown.
Elena Sweda Neff asked the City Council to move forward in
choosing a developer that would provide a quality project for
the City. 16
December 5, 2011
Item A-1
(continued)
Ela Valladares, Deputy City Clerk, read written comments
submitted by:
Doris Levy
The City Council expressed appreciation to residents and
developers for their efforts in the process.
Discussion ensued between the City Council and staff regarding
requirements for the development; community participation;
clarification that selecting a developer does not commit the
City to selling the property; maintaining City services; design
quality and creativity; the subjective nature of the decision;
appreciation for the suggestion to find out what people like
about the proposals; how the projects integrate with Town
Plaza; improvements made to the design in response to public
comment; the space between the development and Culver Studios;
retaining ownership of the parking; and requiring a substantial
good-faith deposit.
Following discussion, the following motion was made and voted
on:
MOVED BY MAYOR O’LEARY, SECONDED BY COUNCILMEMBER WEISSMAN AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL SELECT A DEVELOPER
AND DIRECT THE CITY MANAGER/EXECUTIVE DIRECTOR TO COMMENCE
NEGOTIATION ON A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
COMBINED/HUDSON PACIFIC FOR REDEVELOPMENT OF 9300 CULVER
BOULEVARD.
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Public Comment for Items Not on the Agenda (Continued).
Councilmember Malsin invited public participation.
There was no response.
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December 5, 2011
Items from the City Council
Items Presented by Councilmember Armenta:
• Received clarification regarding the road construction
by Washington and National and requested staff to
provide additional information.
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Items Presented by Councilmember Cooper:
• Discussed the importance of remembering December 7,
1941 and those who served.
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Items Presented by Councilmember Weissman:
• Requested an explanation from Time Warner as to why no
audio for tonight’s meeting was available to the
public.
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Items Presented by Mayor O’Leary:
• Suggested placing Culver City census results and
demographics available on the City website.
• Requested that flyers for the Naval Sea Cadet Program
be posted on the City website if permissible.
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December 5, 2011
Items Presented by Councilmember Malsin:
• Requested that the City Council send a letter of
support for HR3179 and S1832, the Market Place
Fairness Act, requiring the collection of sales tax on
internet sales.
The City Council requested additional information be
provided before a letter is prepared.
• Met with a representative from the National Endowment
of the Arts and discussed “Our Town” grant program.
Would like the City to apply.
The City Council concurred to direct staff to research
this grant program.
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December 5, 2011
Adjournment
There being no further business, at 9:15 p.m., the City
Council adjourned its meeting in memory of Jacqueline
Regnier Rivera, mother of John Rivera, Senior Management
Analyst, to a meeting to be held on December 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 January 9, 2012
MICHEÁL O’LEARY
MAYOR of the City of Culver City, California