THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
SPECIAL MEETING OF THE January 30, 2012
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
Christopher Armenta, Councilmember
Jeffrey Cooper, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
The following members of the audience addressed the City
Council regarding Closed Session Item CS-6:
Derek Jones, The Legado Companies
Joseph Miller, The Runyan Group
Written comments regarding Closed Session Item CS-6 were
submitted by Marta Zaragoza.
At this time, The City Council adjourned to Closed Session
to discuss the following items:
CS-1 Conference with Real Property Negotiators
Re: 3578, 3600 Hayden Avenue, 8432, 8454, 8476, 8500 Stellar
Drive, 3623 Eastham and 8439 Warner Drive
Agency Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Assistant Executive Director/
Community Development Director; Todd Tipton, Deputy
Community Development Director/Redevelopment Administrator
Other Parties Negotiators: Hayden Tract Owner’s Association
Under Negotiation: Price, terms of payment or both,
including use restrictions, development obligations and
other monetary related considerations.
Pursuant to Government Code Section 54956.8 2
January 30, 2012
Closed Session
(continued)
CS-2 Conference with Real Property Negotiators
Re: 12337-12423 Washington Boulevard, 4061-4069 Centinela
Avenue and 4064 Colonia Avenue
Agency Negotiators: John M. Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development
Director/Assistant Executive Director; and Murray Kane, City
Special Counsel/Agency General Counsel
Other Parties Negotiators: Lab Holding LLC; Red Barn Company
in partnership with Regency Centers
Under Negotiation: Price, Terms of Payment or Both, including
use restrictions, development obligations and other monetary
related considerations
Pursuant to Government Code Section 54956.8
CS-3 Conference with Real Property Negotiators
Re: 9814 Washington Boulevard
Agency Negotiators: John M. Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development Director/
Assistant Executive Director; Todd Tipton, Redevelopment
Administrator; and Murray Kane, City Special Counsel
Other Parties Negotiators: The Jazz Bakery
Under Negotiation: Both Price and Terms, including use
restrictions, development obligations, and other monetary
related considerations
Pursuant to Government Code Section 54956.8
CS-4 Conference with Real Property Negotiators
Re: 8600 Hayden Place and 8550 Higuera Street
Agency Negotiator: John M. Nachbar, City Manager/Executive
Director, Sol Blumenfeld, Community Development Director/
Assistant Executive Director; Todd Tipton, Deputy Community
Development Director/Redevelopment Administrator; and
Murray Kane, Agency General Counsel/City Special Counsel
Other Parties Negotiators: Hackman Capital
Under Negotiation: Both Price and Terms of Payment,
including use restrictions, development obligations and
other monetary considerations.
Pursuant to Government Code Section 54956.8 3
January 30, 2012
Closed Session
(continued)
CS-5 Conference with Real Property Negotiators
Re: 9300 Culver Boulevard
City/Agency Negotiators: John Nachbar, City Manager/
Executive Director; Sol Blumenfeld, Assistant Executive
Director/Community Development Director; Todd Tipton, Deputy
Community Development Director/Redevelopment Administrator
Other Parties Negotiators: Combined Properties Inc./Hudson
Pacific Properties Inc.
Under Negotiation: Price, terms of payment or both,
including use restrictions, development obligations and
other monetary related considerations.
Pursuant to Government Code Section 54956.8
CS-6 Conference with Real Property Negotiators
Re: Washington National TOD Site located at 8900-8936
Venice Boulevard, 8800-8846 National Boulevard and
8801-8855 Exposition Boulevard
City Negotiator: John Nachbar, City Manager/Executive
Director, Sol Blumenfeld, Community Development
Director/Assistant Executive Director, Todd Tipton,
Redevelopment Administrator/Deputy Community Development
Director, Murray Kane, Agency General Counsel/City Special
Counsel
Other Parties Negotiators: Legado Companies, Related,
Hines, Lowe Enterprises, Combined Properties, Hackman
Capital, Macherich, Runyon Group
Under Negotiation: Price, terms of payment or both,
including use restrictions, development obligations and
other monetary related considerations.
Pursuant to Government Code Section 54956.8
CS-7 Conference with Real Property Negotiators
Re: 4044-4068 Globe Avenue
Agency Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development Director/
Assistant Executive Director, and Murray Kane, City Special
Counsel
Other Parties Negotiators: Habitat for Humanity of Greater
Los Angeles
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8 4
January 30, 2012
Closed Session
(continued)
CS-8 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (1 item)
Pursuant to Government Code Section 54956.9(b)(1)
o0o
Recess
The City Council recessed to Closed Session at 5:08 p.m.
o0o
Reconvene
The City Council reconvened its meeting at 7:06 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 Neil Rubenstein.
o0o 5
January 30, 2012
Joint Public Comment – Items Not on the Agenda
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Goran Eriksson, Culver City Chamber of Commerce, extended
an invitation to attend “Issues and Eggs” at the Courtyard
by Marriott on February 2, 2012 regarding the dissolution
of the Redevelopment Agency; the first orientation meeting
will be held on February 16, 2012 at Four Points by
Sheraton for “Mission to Cuba” trip on October 9, 2012; and
he expressed support for the work staff has done to protect
the City’s influence on properties being developed.
Cary Anderson questioned who was serving as Chairman of the
Redevelopment Agency and he discussed the timeliness of the
posting of the agenda.
Mayor O’Leary clarified that he was serving as Chair of the
Redevelopment Agency.
Alice Prasad, Associate Analyst, read written comments
submitted by:
Carlos Gutierrez
o0o
Community Announcements by City Council Members/Information
Items from Staff
John Nachbar, City Manager discussed the timeliness of the
posting of the agenda.
Councilmember Cooper discussed ways to generate revenue in
the City; he received an update on plans for the
installation of additional parking meters in the City and
an update on plans for Fire Station #3; and he received
agreement from staff to provide an inventory and analysis
of assets with a list of City-owned property including
abandoned lots outside of Culver City.
o0o 6
January 30, 2012
Receipt of Correspondence
THE CITY COUNCIL, BY ACCLAMATION, RECEIVED AND FILED
CORRESPONDENCE.
o0o
Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of Professional Services Agreements with The
Nickerson Company for 1) General Public Works Inspection
Services to Provide Inspection Services for the Public
Works Department/Engineering Division Relating to the
Exposition Light Rail Transit Project and Reimbursement of
Additional Costs Related to Third-Party Geotechnical
Analysis; and 2) Construction Management and Construction
Inspection Work Performed on the Sepulveda MTA Grant
Project.
Councilmember Weissman recused himself due to a conflict of
interest and left the dais.
MOVED BY COUNCILMEMBER ARMENTA AND SECONDED BY
COUNCILMEMBER COOPER, THAT THE CITY COUNCIL:
1. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE
NICKERSON COMPANY FOR CONTINUED SUPPORT TO THE PUBLIC WORKS
DEPARTMENT/ENGINEERING DIVISION, ON AN AS-NEEDED BASIS, FOR
GENERAL PUBLIC WORKS INSPECTION ON THE EXPOSITION LIGHT
RAIL TRANSIT PROJECT (EXPO LRT PROJECT) IN AN AMOUNT NOT-
TO-EXCEED $15,000 AND TO REIMBURSE THE CITY’S ACCOUNT THAT
WAS USED TO PAY THE NICKERSON COMPANY, FOR THE $7,119.25 IN
COSTS RELATED TO A THIRD-PARTY GEOTECHNICAL ANALYSIS
RELATED TO EXPO LRT PROJECT IMPROVEMENTS IN THE CITY’S
PUBLIC RIGHT-OF-WAY, FOR A TOTAL CONTRACT AMOUNT NOT-TO-
EXCEED $22,119; AND
2. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE
NICKERSON COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES
PROVIDED FOR SEPULVEDA BOULEVARD PEDESTRIAN IMPROVEMENTS,
P-797 - FEDERAL AID PROJECT NO. STPLER-5240(013) IN THE
FINAL CONTRACT AMOUNT OF $56,787.50; AND 7
January 30, 2012
Item JC-1
(continued)
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND
4. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
SUCH DOCUMENTS ON BEHALF OF THE CITY AND AGENCY.
AYES: Councilmembers Armenta, Cooper, O’Leary
NOES: None
ABSTAIN: Councilmember Weissman
ABSENT: None
Councilmember Weissman returned to the dais.
o0o
Consent Calendar
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1 THROUGH C-4.
Item C-1
Authorize Additional Change Order Authority in the Amount
of $45,000 from Proposed Project Cost Savings to Fund
Construction Contingencies and Project Enhancements in the
Veterans Memorial Building Renovation Project.
THAT THE CITY COUNCIL AUTHORIZE THE PUBLIC WORKS DIRECTOR
AND THE PARKS RECREATION AND COMMUNITY SERVICES DIRECTOR
ADDITIONAL CHANGE ORDER AUTHORITY IN THE AMOUNT OF $45,000
FOR UNFORESEEN CONTINGENCIES AND ADDITIONAL PROJECT
ENHANCEMENTS BY UTILIZING THE SAVINGS FROM THE AMENDED
CONTRACT WITH AMERICAN SEATING COMPANY.
o0o 8
January 30, 2012
Item C-2
(1) Waiver of the Formal Bid Procedures; and (2) Approval of a
Purchase Order for Alan Lewis, Inc. of Replacement Lockers for
the Culver City Plunge.
THAT THE CITY COUNCIL:
1. WAIVE THE FORMAL BID REQUIREMENT FOR THIS PROJECT; AND
2. APPROVE A PURCHASE ORDER FOR ALAN LEWIS, INC. IN AN
AMOUNT NOT TO EXCEED $45,000 FOR THE PURCHASE, DELIVERY AND
INSTALLATION OF NINETY (90) NEW LENNOX REPLACEMENT LOCKERS
FOR THE CULVER CITY PLUNGE; 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.
o0o
Item C-3
Approval of an Amendment to the Existing Professional
Services Agreement with Bosco Digital Solutions to Digitize
Finance Department Documents in an Amount Not-To-Exceed
$20,000 for Fiscal Year 2011/2012.
THAT THE CITY COUNCIL:
1. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH BOSCO DIGITAL SOLUTIONS TO DIGITIZE FINANCE
DEPARTMENT DOCUMENTS ON A PAY BY DELIVERABLE BASIS IN AN
AMOUNT NOT TO EXCEED $20,000 (FOR A TOTAL NOT-TO-EXCEED
CONTRACT AMOUNT OF $90,000); AND
2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o 9
January 30, 2012
Item C-4
Approval of an Agreement with Modern Parking, Inc. for Parking
Management Services at the Cardiff, Ince, and Watseka Parking
Structures and the Venice and Virginia Parking Lots.
THAT THE CITY COUNCIL AND PARKING AUTHORITY:
1. APPROVE A TRI-PARTY PROFESSIONAL SERVICES AGREEMENT WITH
MODERN PARKING, INC. (MODERN) FOR PARKING MANAGEMENT
SERVICES AT THE CARDIFF, INCE, AND WATSEKA PARKING
STRUCTURES AND THE VENICE AND VIRGINIA PARKING LOTS IN AN
AMOUNT NOT-TO-EXCEED $734,477;
2. APPROVE A BUDGET AMENDMENT APPROPRIATING $86,000 FOR THE
PROPOSED AGREEMENT (REQUIRES A FOUR-FIFTHS VOTE);
3. AUTHORIZE THE CHIEF FINANCIAL OFFICER TO ALLOCATE THE
BUDGET AMENDMENTS TO THE APPROPRIATE PARKING STRUCTURE
ACCOUNTS;
4. AUTHORIZE THE CITY ATTORNEY/AUTHORITY COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND,
5. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
SUCH DOCUMENTS ON BEHALF OF THE CITY AND THE PARKING
AUTHORITY.
o0o
Order of the Agenda
Mayor O’Leary requested that Joint Items J-7 and J-5 be
moved up in the agenda.
o0o 10
January 30, 2012
Item J-7
(out of sequence)
JOINT CITY COUNCIL/CULVER CITY HOUSING AUTHORITY AGENDA ITEM:
(1) Adoption of a City Council Resolution Approving a
Cooperation Agreement with the Culver City Housing Authority;
(2) Adoption of a Housing Authority Resolution Approving a
Cooperation Agreement with the City of Culver City.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary invited public input.
There was no response.
The City Council commented on the important work of the
Redevelopment Agency and expressed regret at its dissolution;
discussed the agenda posting; and acknowledged the huge effort
of staff to protect the City’s financial assets.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2012-R015 APPROVING THE COOPERATION AGREEMENT
WITH THE CULVER CITY HOUSING AUTHORITY.
o0o 11
January 30, 2012
Joint Public Hearings
Item JPH-1
JOINT CITY COUNCIL/CULVER CITY HOUSING AUTHORITY AGENDA
ITEM: (1) Adoption of a City Council Resolution Making
Certain Findings and Approving a Disposition and
Development Agreement and the Sale of Property at 4044-4068
Globe Avenue, Culver City to Habitat for Humanity of
Greater Los Angeles; and (2) Adoption of a Housing
Authority Board Resolution Making Certain Findings and
Approving a Disposition and Development Agreement with
Habitat for Humanity of Greater Los Angeles for the
Construction of 10 Affordable Ownership Units located at
4044-4068 Globe Avenue, Culver City Amendment Appropriating
Housing Set Aside Funds.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICE AND all
CORRESPONDENCE RECEIVED IN RESPONSE TO THE PUBLIC HEARING
NOTICES.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE
PUBLIC HEARING.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Neil Rubenstein asked for information regarding Ladd
Holdings LLC.
Meghan Sahli-Wells expressed support for the project, for
Habitat for Humanity, and for work toward resolving
resident frustrations with the process.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE
PUBLIC HEARING. 12
January 30, 2012
Item JPH-1
(continued)
Councilmember Weissman expressed support for the project and
discussed the number of affordable housing projects completed
in the last 12 months.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R014 MAKING CERTAIN FINDINGS AND
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND THE SALE
OF 4044-4068 GLOBE AVENUE, CULVER CITY, WHICH WAS PURCHASED BY
THE CULVER CITY REDEVELOPMENT AGENCY WITH HOUSING SET ASIDE
FUNDS, TO HABITAT FOR HUMANITY OF GREATER LOS ANGELES, PURSUANT
TO SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE; 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
4. APPROVE A BUDGET AMENDMENT APPROPRIATING $1,262,500 FROM THE
HOUSING SET ASIDE FUNDS (WHICH ARE NOW HELD IN ONE OF THE
CITY’S SPECIAL REVENUE FUNDS).
o0o
Item J-5
(out of sequence)
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
PUBLIC HEARING – Adoption of a Resolution Approving a
Disposition and Development Agreement for the Sale of City
Owned Property Located at 9300 Culver Boulevard to Combined
Properties Inc./Hudson Pacific Properties Inc.
This item was renumbered as JPH-2.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE AFFIDAVITS OF MAILING, PUBLICATION AND POSTING OF
NOTICES AND CORRESPONDENCE RECEIVED IN RESPONSE TO THE PUBLIC
HEARING NOTICES. 13
January 30, 2012
Item J-5
(continued)
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE
PUBLIC HEARING.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Seth Horowitz, The Culver Hotel, indicated eagerness to
have the project completed and expressed concern regarding
parking issues.
Meghan Sahli-Wells expressed concern that the project be
done right; she requested assurances that the sale would be
binding; she expressed concern with the elimination of
redevelopment in California; and she asked about the
vetting process.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE
PUBLIC HEARING.
Discussion ensued between the City Council and staff regarding
appreciation for the efforts of staff to address the
elimination of redevelopment; enforcement; uncertainty;
actions of the state; putting the City in the best possible
position; the level of contractual commitment; ownership of
the property; the cooperation agreement between the City and
the Agency; achieving important public purposes; bond
proceeds; preserving the tax exempt status of the funds; the
Disposition and Development agreement; and the need to act at
this time. 14
January 30, 2012
Item J-5
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT RESOLUTION NO. 2012-R013 APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CULVER CITY AND
COMBINED PROPERTIES INC./HUDSON PACIFIC PROPERTIES INC. FOR
THE SALE AND SUBSEQUENT DEVELOPMENT OF 9300 CULVER BOULEVARD,
INCLUDING THE CONSTRUCTION OF THE TOWN PLAZA EXPANSION IN AN
AMOUNT NOT TO EXCEED $3,243,000 AND CONSTRUCTION OF EXTRA
PUBLIC PARKING SPACES IN AN ESTIMATED AMOUNT OF $3,700,000,
PURSUANT TO SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY
CODE; AND
2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE DISPOSITION AND
DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY, AND TO ISSUE
INTERPRETATIONS, WAIVE PROVISIONS, ENTER INTO AMENDMENTS ON
BEHALF OF THE CITY, AND TO SIGN ALL SUCH OTHER DOCUMENTS AND
INSTRUMENTS NECESSARY TO IMPLEMENT AND CARRY OUT THE AGREEMENT
ON BEHALF OF THE CITY IN SUCH FORM AS IS REASONABLY ACCEPTABLE
TO THE CITY MANAGER.
o0o
Joint Action Items
Item J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of a Commitment Letter with Lab Holdings LLC for
the Sale and Redevelopment of City Owned Property at the
Northerly corners of the Washington Boulevard and Centinela
Avenue Intersection.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary invited public comment. 15
January 30, 2012
Item J-1
(continued)
The following members of the audience addressed the City
Council:
Neil Rubenstein asked for the names of the companies and
principals who make up Lab Holdings, LLC.
Sol Blumenfeld, Community Development Director, provided
background on Lab Holdings, LLC and the principals.
Jean Ballantine expressed concern with what happens to the land
if the developer cannot get the funding; and concern with
commercial vehicles parking overnight on her street.
Murray Kane, Agency General Counsel, explained the purpose of
the commitment letter and procedures and clarification that the
land is not sold until developer commitments have been met.
Charles Herbertson, Public Works Director/City Engineer,
discussed size restrictions on the parking of commercial
vehicles; weight limits; and establishing a preferential
parking district for the area.
Discussion ensued between the City Council and staff regarding
traffic calming measures that the developer will be required to
comply with; precluding northbound movements on Colonial
Avenue; parking during construction; a construction management
plan; and the preferential parking district.
The following member of the audience addressed the City
Council:
Linda Smith Frost expressed support for the item and she
thanked staff for their hard work.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A COMMITMENT LETTER WITH LAB HOLDING LLC FOR THE
SALE AND SUBSEQUENT DEVELOPMENT OF THE NORTHERLY CORNERS OF
THE WASHINGTON BOULEVARD AND CENTINELA AVENUE INTERSECTION FOR
CONSTRUCTION OF A MARKET HALL PROJECT; AND 16
January 30, 2012
Item J-1
(continued)
2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE COMMITMENT LETTER
ON BEHALF OF THE CITY, AND TO ISSUE INTERPRETATIONS, WAIVE
PROVISIONS, ENTER INTO AMENDMENTS ON BEHALF OF THE CITY, AND
TO SIGN ALL SUCH OTHER DOCUMENTS AND INSTRUMENTS NECESSARY TO
IMPLEMENT AND CARRY OUT THE AGREEMENT ON BEHALF OF THE CITY IN
SUCH FORM AS IS REASONABLY ACCEPTABLE TO THE CITY MANAGER.
o0o
Item J-2
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
(1) Approval of a Purchase and Sale Agreement with Hackman
Capital Partners to Purchase Public Parking Spaces at 8550
Higuera/8600 Hayden Place; and (2) Direction to Staff to
Commence Formation of a Parking District in the Hayden
Tract.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary invited public comment.
The following members of the audience addressed the City
Council:
Neil Rubenstein questioned who comprised Hackman Capital
Partners and whether Frederick Smith or his company had put in
a request for the property.
Jeff Palmer discussed the importance of attracting economic
drivers in the City; digital media companies; parking needs;
and the Warner lot.
Discussion ensued between the City Council and staff regarding
the Warner lot; underutilized properties in the Hayden Tract;
parking issues; and providing parking opportunities for
businesses to enable upgrades and modernization. 17
January 30, 2012
Item J-2
(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 PURCHASE AND SALE AGREEMENT WITH HACKMAN CAPITAL
PARTNERS FOR THE PURCHASE OF A LONG-TERM EASEMENT FOR 180
PUBLIC PARKING SPACES IN A PARKING STRUCTURE TO BE CONSTRUCTED
AT 8550 HIGUERA STREET/8600 HAYDEN PLACE; AND
2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE
AGREEMENT ON BEHALF OF THE CITY, AND TO ISSUE INTERPRETATIONS,
WAIVE PROVISIONS, ENTER INTO AMENDMENTS ON BEHALF OF THE CITY,
AND TO SIGN ALL SUCH OTHER DOCUMENTS AND INSTRUMENTS NECESSARY
TO IMPLEMENT AND CARRY OUT THE AGREEMENT ON BEHALF OF THE CITY
IN SUCH FORM AS IS REASONABLY ACCEPTABLE TO THE CITY MANAGER;
AND
4. AUTHORIZE THE FORMATION OF A PARKING DISTRICT IN THE HAYDEN
TRACT BY THE CITY.
o0o
Item J-3
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of a Commitment Letter with the Jazz Bakery for
the Sale and Redevelopment of City Owned Property located
at 9814 Washington Boulevard.
Sol Blumenfeld, Community Development Director, discussed the
process; working with Samitaur regarding parking; the need for
additional parking; and he provided a staff report on the item.
Mayor O’Leary invited public comment. 18
January 30, 2012
Item J-3
(continued)
The following members of the audience addressed the City
Council:
Marta Zaragoza spoke of the need to examine agreements
carefully; she acknowledged the hard work of redevelopment
staff; she discussed actions by the State; parking districts;
enforcement; issues with the police department; and she noted
the important role of the public in redevelopment.
Neil Rubenstein indicated that staff had answered his
questions.
Richard Posell, The Jazz Bakery, expressed hope that the
project would finally come to conclusion; and trepidation
regarding state actions.
Cary Anderson discussed the number of shows proposed each year;
the number of seats; proximity to the Kirk Douglas Theater;
capacity of nearby parking structures; parking districts; and
he questioned where patrons would be parking.
Discussion ensued between the City Council and staff regarding
concerns with promises made by developers; the deadline; risk
of losing the properties; opportunities; the expedited process;
proper vetting; parking provisions in the commitment letter;
parking in lieu fees; the loss of the Pasquin property; the
configuration of the property; and the architect. 19
January 30, 2012
Item J-3
(continued)
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A COMMITMENT LETTER WITH THE JAZZ BAKERY FOR THE
SALE AND SUBSEQUENT DEVELOPMENT OF 9814 WASHINGTON BOULEVARD
FOR CONSTRUCTION OF A LIVE PERFORMANCE JAZZ THEATRE PURSUANT
TO SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE; AND
2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO
REVIEW/PREPARE ALL NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE COMMITMENT LETTER
ON BEHALF OF THE CITY, AND TO ISSUE INTERPRETATIONS, WAIVE
PROVISIONS, ENTER INTO AMENDMENTS ON BEHALF OF THE CITY, AND
TO SIGN ALL SUCH OTHER DOCUMENTS AND INSTRUMENTS NECESSARY TO
IMPLEMENT AND CARRY OUT THE AGREEMENT ON BEHALF OF THE CITY IN
SUCH FORM AS IS REASONABLY ACCEPTABLE TO THE CITY MANAGER.
o0o
Item J-4
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Consideration of a Commitment Letter to Conditionally Commit
the City of Culver City to Dispose of the Property to the
Selected Developer for the Development of the Washington/
National Transit Oriented Development Site.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary received clarification regarding the expedited
RFP process and the length of time the project has been in
process.
Mayor O’Leary invited public participation. 20
January 30, 2012
Item J-4
(continued)
The following member of the audience addressed the City
Council:
Derek Jones, The Legado Companies, expressed their desire to
be in a backup position; discussed the economic analysis; and
he indicated that they were available to answer any questions.
The City Council expressed support for the project; discussed
reasons for supporting the TOD development; the efforts of
staff; previous work done that allowed for quick action; and
the economic analysis.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. AUTHORIZE EXECUTION OF A COMMITMENT LETTER WITH LOWE FOR
THE WASHINGTON NATIONAL TRANSIT ORIENTED DEVELOPMENT (TOD)
SITE LOCATED ADJACENT TO THE EXPOSITION (EXPO) LIGHT RAIL LINE
STATION IN CULVER CITY;
2. AUTHORIZE THE CITY ATTORNEY AND CITY SPECIAL COUNSEL TO
REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o 21
January 30, 2012
Item J-6
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
(1) City Council and Redevelopment Agency Board Adoption of
the Amended and Restated Enforceable Obligation Payment
Schedule for the Period January 1, 2012 through June 30, 2012,
Pursuant to Section 34169(h) of the Health and Safety Code,
(2) City Council and Redevelopment Agency Board Adoption of
the Draft Recognized Obligation Payment Schedule for the
Period January 1, 2012 through June 30, 2012, Pursuant to
Section 34169(h) of the Health and Safety Code, and (3) City
Council and Redevelopment Agency Board Authorization Allowing
the City Manager/Executive Director to Make Such Payments on
Behalf of the City and Agency Utilizing Available Agency
Revenues, Including, but not Limited to, Newly Received Tax
Increment Proceeds.
Todd Tipton, Redevelopment Administrator, provided a summary
of the material of record.
Glenn Heald, Management Analyst, reviewed proposed revisions
to the document.
MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. ADOPT THE PROPOSED AMENDED AND RESTATED ENFORCEABLE
OBLIGATIONS PAYMENT SCHEDULE FOR THE PERIOD JANUARY 1, 2012
THROUGH JUNE 30, 2012; AND
2. ADOPT THE PROPOSED DRAFT RECOGNIZED OBLIGATIONS PAYMENT
SCHEDULE FOR THE PERIOD JANUARY 1, 2012 THROUGH JUNE 30, 2012;
AND
3. AUTHORIZE THE CITY MANAGER AND CHIEF FINANCIAL OFFICER TO
MAKE SUCH PAYMENTS ON BEHALF OF THE CITY UTILIZING FORMER
AGENCY ASSETS IN THE CASE THAT SUFFICIENT AGENCY REVENUES ARE
UNAVAILABLE.
o0o 22
January 30, 2012
Action Items
Item A-1
Award of a Construction Contract to KASA Construction as the
Lowest Responsive and Responsible Bidder for Construction of
the West Washington Phase III and Phase IV Streetscape Median
Project.
Elaine Gerety Warner, Senior Management Analyst, reported
distribution of a protest letter; and noted two changes to the
motion: a minor clerical omission and increasing the
contingency from 10% to 20% percent with it encumbered to cover
any unforeseen expenses down the road.
Mayor O’Leary invited public comment.
There was no response.
MOVED BY COUNCILMEMBER ARMENTA, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT WITH THE PROPOSED
CHANGES, THE CITY COUNCIL:
1. AWARD A CONSTRUCTION CONTRACT TO KASA CONSTRUCTION FOR A
NOT-TO-EXCEED AMOUNT OF $1,058,948.20; AND
2. AUTHORIZE THE COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE
CHANGE ORDERS TOTALING A NOT-TO-EXCEED AMOUNT OF $100,000; 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.
o0o 23
January 30, 2012
Item A-2
Consideration of an Owner Participation Agreement with the
Hayden Tract Owners Association, and Award of a Professional
Services Contract with KOA Corporation for Design, Construction
Documents and Construction Administration Services, to Convert
the Hayden Tract Railroad Spur into a Parking Lot/Green Belt.
Sol Blumenfeld, Community Development Director, provided a
summary of the material of record.
Mayor O’Leary invited public comment.
No speakers came forward.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
COOPER AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE A BUDGET AMENDMENT APPROPRIATING $50,000 FROM FORMER
AGENCY TAXABLE BOND FUNDS IN THE HAYDEN TRACT/MTA SPUR PROJECT
(48994110) [A BUDGET AMENDMENT REQUIRES A 4/5THS VOTE]; AND
2. APPROVE AN OWNER PARTICIPATION AGREEMENT WITH THE HAYDEN
TRACT OWNERS ASSOCIATION FOR THE JOINT DEVELOPMENT OF A PARKING
LOT ON THE SPUR PROPERTY AND THE SALE OF THE CITY OWNED PORTION
OF THE SPUR TO THE ASSOCIATION; 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
5. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH KOA
CORPORATION AT A COST NOT-TO-EXCEED $211,245, TO PREPARE DESIGN
AND CONSTRUCTION BID DOCUMENTS, AND TO PROVIDE CONSTRUCTION
ADMINISTRATION SERVICES FOR CONSTRUCTION OF A PARKING LOT IN
THE HAYDEN TRACT SPUR; 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. 24
January 30, 2012
Public Comment for Items Not on the Agenda (Continued)
Mayor O’Leary invited public participation.
The following member of the audience addressed the City
Council:
David Voncannon congratulated staff and the City Council
for their work; discussed the dissolution of the Advisory
Council on Redevelopment (ACOR); and he thanked John
Fisanotti for his efforts.
Mayor O’Leary noted the importance of ACOR and indicated
that they would continue to utilize talented community
volunteers.
o0o
Items from the City Council
Items Presented by Councilmember Weissman:
• Received clarification that this was the last meeting
of the Redevelopment Agency and that the Successor
Agency would convene at the next City Council meeting
as a separate and distinct agency.
o0o
Items Presented by Councilmember Cooper:
• Asserted that it had been a pleasure to serve the City
and he looked forward to many more years of serving
the City on the Successor Agency.
o0o 25
January 30, 2012
Adjournment
There being no further business, at 9:09 p.m., the City
Council adjourned its meeting to a meeting to be held on
February 6, 2012.
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