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THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE August 26, 2013
CITY COUNCIL 5:00 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Cooper called the meeting of the City Council to order at
5:00 p.m.
Present: Jeffrey Cooper, Mayor
Meghan Sahli-Wells, Vice Mayor
Jim B. Clarke, Councilmember
Micheál O‘Leary, Councilmember
Andrew Weissman, Councilmember
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Closed Session
At 5:00 p.m., the City Council recessed to Closed Session to
discuss the following items:
CS-1 Conference with Legal Counsel – Anticipated Litigation
Re: Initiation of Litigation – 1 Matter
Pursuant to Government Code Section 54956.9(d)(4)
CS-2 Conference with Real Property Negotiators
Re: 9300 Culver Blvd. (Parcel B)
City Negotiators: John Nachbar, City Manager/Executive
Director; Sol Blumenfeld, Community Development
Director/Assistant Executive Director, and Todd Tipton,
Economic Development Administrator
Other Parties Negotiators: Stand Up to Cancer and DogTown
CrossFit
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
August 26, 2013
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CS-3 Public Employee Performance Evaluation
Title: City Attorney
Pursuant to Government Code Section 54957
CS-4 Conference with Legal Counsel – Existing Litigation
Re: Joan Mary Higgins v. City of Culver City
Case No. SC116786
Pursuant to Government Code Section 54956.9(d)(1)
CS-5 Conference with Legal Counsel – Existing Litigation
Re: Simplis, Kandace et al. v. City of Culver City (Case No.
CV-9497 JHN (MANx))
Pursuant to Government Code Section 54956.9(a)
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Reconvene
Mayor Cooper reconvened the City Council meeting at 7:19
p.m. with all Councilmembers present.
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Report on Action Taken in Closed Session
Mayor Cooper indicated there was nothing to report from
closed session.
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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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Community Announcements By City Council Members/Information
Items From Staff
Vice Mayor Sahli-Wells discussed construction at the tri-school
complex; requested that the poster and press release from the
Police Department on school safety be posted on the City
website; and she announced the African Gourmet Food and Wine
Festival on August 31 at Parcel B.
Councilmember O’Leary discussed attending meetings of the Expo August 26, 2013
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Board, the Independent Cities Association, and the League of
California Cities.
Mayor Cooper reported that Culver City had been named the
Third Most Fiscally Responsible City in Los Angeles County;
and he indicated that volunteers were being sought to serve
on the Civil Grand Jury.
Councilmember O’Leary encouraged residents who want to stay
active in the community to apply for the Civil Grand Jury.
Dan Hernandez, Parks, Recreation and Community Services
Director, provided a brief presentation on Fiesta La Ballona
and thanked everyone who worked to make the event a success.
Mayor Cooper thanked all volunteers who worked hard at Fiesta
La Ballona.
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Joint Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
The following members of the audience addressed the City
Council:
Cristian Vasquez introduced himself as the new Editor of
Culver City News.
Shireen Daytona discussed the effects of large rent
increases on herself and her neighbors; Culver City housing
programs; the housing project on Irving; and the Landlord
Tenant Mediation Board.
Martin Cole, Assistant City Manager/City Clerk, discussed two
recent affordable housing projects in the City; the system by
which the units were chosen; income requirements; and the
process.
Howard Paul Shore expressed concern with safety at the Culver
Center; suggested creating an ordinance to keep unwanted people
off private property, and he asked about the differences in
property taxes between Culver City and Los Angeles.
Discussion ensued between Councilmembers and staff regarding
the way property taxes are calculated and the percentage of August 26, 2013
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property taxes received by Culver City, and assurance was given
to Mr. Shore that staff would contact the Culver Center.
Gary Robinson discussed reinstating full bus service to West
Los Angeles College; the concerns of residents on Freshman
Drive; measuring noise levels on Freshman Drive vs. those on
Jefferson Boulevard; concern with providing special treatment
to one neighborhood over another; and he requested that the
item be discussed on a future agenda.
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Receipt of Correspondence
Martin Cole, Assistant City Manager/City Clerk, reported
that correspondence received included items with regard to
A-2 and J-1 that had been distributed to Councilmembers and
made part of the record.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE CORRESPONDENCE.
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Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
AGENDA ITEM: Cash Disbursements
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE CASH DISBURSEMENTS FOR AUGUST 3, 2013 – AUGUST 16,
2013.
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Consent Calendar
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
APPROVE CONSENT CALENDAR ITEMS C-2 AND C-4 THROUGH C-6.
August 26, 2013
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Item C-2
(Out of Sequence)
Adoption of a Resolution Approving an Updated Executive
Compensation Plan
THAT THE CITY COUNCIL: ADOPT A RESOLUTION APPROVING AN UPDATED
EXECUTIVE COMPENSATION PLAN.
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Item C-4
(Out of Sequence)
Adoption of a Resolution Accepting the 2013 Citywide
Engineering and Traffic Speed Zone Study
THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION ACCEPTING THE AUGUST, 2013 ENGINEERING
AND TRAFFIC SURVEY SPEED ZONE STUDY, AND RESCINDING RESOLUTION
NO. 2003-R073;
2. AUTHORIZE THE CITY CLERK TO CERTIFY A COPY OF THE “2013
CITYWIDE ENGINEERING AND TRAFFIC SURVEY” AND SUBMIT IT TO THE
COURT.
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Item C-5
Award of a Contract to All American Asphalt as the Lowest
Responsive and Responsible Bidder for the Construction of the
2013 Pavement Overlay Project, PZ-863, PZ-903 in the Base Bid
Amount of $1,203,866 with a Contingency of up to $125,386 (for
a Total Authorization Not-to-Exceed $1,329,252)
THAT THE CITY:
1) AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT, AS
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE 2013
PAVEMENT OVERLAY PROJECT, PZ-863, PZ-903, IN THE AMOUNT OF
$1,203,866, BASED ON ITS BASE BID; AND,
2) AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE
CHANGE ORDERS IN THE AMOUNT NOT-TO-EXCEED $125,386, IF August 26, 2013
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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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Item C-6
Approval of a Purchase Order with Mallory Safety & Supply for
the Purchase of Disaster Preparedness Equipment
THAT THE CITY COUNCIL:
1. APPROVE A PURCHASE ORDER WITH MALLORY SAFETY & SUPPLY TO
PURCHASE EMERGENCY PREPAREDNESS EQUIPMENT IN AN AMOUNT NOT-TO-
EXCEED $99,982.69; AND,
2. AUTHORIZE THE CHIEF FINANCIAL OFFICER 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-1
(Out of Sequence)
Meeting Minutes
Mayor Cooper invited public comment.
The following member of the audience addressed the City
Council:
Cary Anderson asserted that the minutes for the August 12,
2013 City Council meeting did not accurately reflect what he
said.
Mayor Cooper indicated that staff would review the broadcast
of the meeting and get back to Mr. Anderson with amended
minutes if necessary.
August 26, 2013
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Councilmember Clarke reported that the City Manager had asked
to pull item C-3, and that he would have to abstain from
voting on the August 12, 2013 City Council meeting minutes as
he was absent from the meeting.
MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY VICE MAYOR
SAHLI-WELLS THAT THE CITY COUNCIL APPROVE THE MINUTES FOR
THE REGULAR MEETING OF AUGUST 12, 2013 WITH POSSIBLE
AMENDMENTS AS DEEMED NECESSARY BY THE ASSISTANT CITY
MANAGER/CITY CLERK.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: COOPER, O’LEARY, SAHLI-WELLS, WEISSMAN
NOES: NONE
ABSTAIN: CLARKE
Martin Cole, Assistant City Manager/City Clerk, reported on
staff efforts to update the City’s voting system.
{Note from the City Clerk: I have reviewed the minutes of
August 12, 2013 and amended the minutes to better reflect
the comments made by Mr. Anderson at that meeting for Item
C-8.}
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Item C-3
(Out of Sequence)
Adoption of an Ordinance Amending Sections 3.05.015.D and
3.05.015.F of the Culver City Municipal Code Relating to
Exemptions to the Classified Service
This item was deferred to a future meeting.
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Order of the Agenda
There were no changes.
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Public Hearings
Item PH-1
August 26, 2013
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Adoption of a Resolution (a) Approving the Certification of
Conformance with the Congestion Management Program (CMP) for
Los Angeles County and (b) Adoption of the CMP Local
Development Report
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR
SAHLI-WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL
RECEIVE AND FILE THE AFFIDAVITS OF PUBLICATION AND POSTING
OF NOTICE AND CORRESPONDENCE RECEIVED IN RESPONSE TO THE
PUBLIC HEARING NOTICES.
Discussion ensued between staff and Councilmembers regarding
whether cities are incentivized to increase the use of
public transportation and any ties to such an incentive to
state gas tax funds. Staff clarified that no such incentive
was offered.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN
THE PUBLIC HEARING.
Mayor Cooper invited public input.
There was no response.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE
THE PUBLIC HEARING.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT
A RESOLUTION FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT FOR 2013.
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Joint Action Item
Item JA-1
(1) Consideration of the Amount of In-Kind Assistance for
and Possible City Sponsorship of the Los Angeles Antiques
Art + Design Show Event; and (2) (If Desired) Approval of a
Related License Agreement for the Event
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Jeremy Green, Management Analyst, provided a summary of the
material of record.
Discussion ensued between staff and Councilmembers regarding
whether the event would go forward without City support; the
partnership with the Culver Hotel; and activities in the
downtown area to encourage patronage of local businesses.
Mayor Cooper invited public participation.
The following members of the audience addressed the City
Council:
Rosemary Krieger, Dolphin Productions, discussed their
association with the Culver Hotel; restaurant as well as
convention and tourism traffic; and the event in conjunction
with the Willow School.
Gordon Merkle, Dolphin Productions, indicated that they
would donate one dollar of each admission to the Culver City
Cultural Affairs Foundation.
Discussion ensued between Councilmembers and the speakers
regarding encouragement to the speakers to work with the
Downtown Business Association; the previous location in
Santa Monica; rebranding of the event; the target audience;
previous support for the event; past attendees; the need for
financial assistance; participation of the City; exhibitors;
the non-profit status of the organization; and the
partnership with the Culver Hotel.
Additional discussion ensued between Councilmembers
regarding regular requests for sponsorships; clarification
that the organization is not a City entity; the limited
resources of the City; the Oversight Board; implications of
waiving rentals; the City being solicited as a sponsor for
the advertising potential; event promotion; the importance
of the arts and economic development; advertising value for
the money spent; benefits to the arts district; the TOT tax;
in-kind sponsorship; the process; directing overflow guests
to other Culver City hotels; and appreciation to the event
for choosing Culver City.
MOVED BY VICE MAYOR SAHLI-WELLS AND SECONDED BY
COUNCILMEMBER CLARKE THAT THE CITY COUNCIL:
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1. DETERMINE TO PROVIDE THE STAFF TIME NECESSARY TO THE 2013
LOS ANGELES ANTIQUES ART + DESIGN SHOW EVENT); AND,
2. DESIGNATEG THE 2013 LOS ANGELES ANTIQUES ART + DESIGN
SHOW EVENT AS A CITY SPONSORED EVENT.
THE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: CLARKE, SAHLI-WELLS
NOES: COOPER, O’LEARY, WEISSMAN
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Action Items
Item A-1
Consideration of City Sponsorship of the 8
th
Annual EarthFest
LA at West Los Angeles College on September 28, 2013 and
Approval of Memorandum of Understanding Related thereto
Shelley Wolfberg, Assistant to the City Manager, provided an
overview of the request from California Greenworks, Inc.
Discussion ensued between staff and Councilmembers regarding
overall time spent plus the request; the $1,000 threshold;
and clarification that truck signage would be provided by
California Greenworks.
Mayor Cooper invited public participation.
The following members of the audience addressed the City
Council:
Mike Meador, California Greenworks, clarified that they did
not hold a Culver City business license but were willing to
get one.
Vice Mayor Sahli-Wells disclosed that she is an honorary co-
chair of the event but was able to vote on the issue as
there is no financial interest.
Discussion ensued between staff and Councilmembers regarding
the process; in-kind services and banner placement;
consistency; concern with staff time; dealing with sponsored
events in a way that doesn’t cost the City money; waiving
the banner application fee; costs to hang the banners;
worthiness of the event; the convoluted sponsorship process; August 26, 2013
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clarification that the organization and the event are not in
Culver City; concern with money being directed outside of
the City; the manner in which sponsorship requests are
addressed; whether non-profits need a business license;
environmental issues; upcoming storm water funding; where
dollars are spent; a suggestion that organizers investigate
grants to help support the event; and a request that City
support of the event be cited as providing help to the
environment.
MOVED BY VICE MAYOR SAHLI-WELLS AND SECONDED BY
COUNCILMEMBER CLARKE THAT THE CITY COUNCIL:
1A. DESIGNATE THE 2013 EARTHFEST LA AS A CITY SPONSORED
EVENT CONTINGENT UPON CALIFORNIA GREENWORKS AGREEING TO
IDENTIFY THE CITY IN THEIR PROMOTIONAL ACTIVITIES AND
DOCUMENTS AS A SPONSOR OF THE EVENT AND APPROVE A MOU
RELATED THERETO; AND,
1B. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE
NECESSARY DOCUMENTS; AND,
1C. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: COOPER, CLARKE, O’LEARY, SAHLI-WELLS
NOES: WEISSMAN
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Item A-2
Discussion of Regulating Smoking in Multi-Unit Housing and
Direction to Staff
Heather Baker, Assistant City Attorney, provided a summary
of the material of record.
Mayor Cooper invited public input.
The following members of the audience addressed the City
Council:
Mark Minichiello expressed opposition to any law that would
ban or regulate smoking in multi-unit complexes; discussed August 26, 2013
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the Playa Pacific Homeowners Association; asserted that the
HOA Board should vote on rules for their property; discussed
current CC&Rs; enforcement; recent crime in the area;
unintended consequences; medical marijuana; discriminating
against a group of homeowners; and concern with improper
intrusion of government into people’s lives.
Esther Shiller, Smoke Free Apartment House Registry,
discussed their mission and results of their research; no
smoking policies; the difficulty of reselling condos that
have been smoked in; safety; insurance discounts for non-
smoking buildings; dangers of second and third-hand smoke;
and damage to DNA.
Spencer Lyons, American Cancer Society Cancer Action
Network, expressed support for a policy to protect residents
from the harmful effects of second-hand smoke and urged the
City Council to draft a strong ordinance.
Jeri Speed asked the City Council to protect residents from
second hand smoke in their homes and to expand the nuisance
provision of the Municipal Code; she discussed smoke
residue; her experiences with a smoking neighbor; and
chemical sensitivity.
Adam Lane discussed California laws that protect people in
restaurants and at work and expressed support for an
ordinance to regulate smoking.
Goran Eriksson expressed concern with blanket regulations to
solve individual problems, and government interference; he
discussed the right of smokers to smoke; and he felt that
HOAs and building owners should be the ones to designate
smoking rules.
Jeremy Green, Management Analyst, read a written comment
submitted by:
Steven Schiffer
Discussion ensued between staff and Councilmembers regarding
potential liability to the City for taking away smokers’
rights; case history; bans in other cities; freedom to do
what you want in your home if you are not harming others;
rights of smokers vs. rights of non-smokers; smokeless
tobacco; medical marijuana; defining homes; what is included August 26, 2013
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in the ban; the model ordinance; and the lack of action by
Homeowners Associations (HOA).
Discussion ensued between Councilmembers and Mr. Minichiello
regarding actions of his HOA and placing restrictions on
certain areas.
Further discussion ensued between staff and Councilmembers
regarding previous ordinances regarding smoking in public
areas; protecting people from the involuntary intrusion of
smoke in their lives; providing a place for people to smoke;
the need for regulation; allowing HOAs to regulate
themselves with City intervention if there is inadequate
action; enforcement; limited City resources; taking an
incremental approach; smoking distance requirements for
public buildings; state law vs. City law; third-hand smoke;
having HOAs make the determination regarding smoking in the
building; a suggestion to require the landlord or HOA Board
to pass a resolution every two years regarding smoking; the
addictive nature of smoking; government intrusion; the
responsibility of government to regulate; affects to non-
smokers; the phase-in system: designating a percentage of
units to be smoke-free; reporting; changes in ownership;
marijuana smokers; public notification; sensitivity to
smoke; other cities with similar bans; the California
Apartment Association; limiting smoking in certain areas;
and meeting turnout.
Responding to inquiry, Mr. Miniciello reported that one
homeowner in his Association had brought up prohibiting
smoking around the pool.
Responding to inquiry, Esther Shiller, Smoke Free Apartment
House Registry, reported being contacted by condo owners
frustrated by unsuccessful attempts to negotiate with the
HOA; she discussed attorneys and property management
companies that are not educated about the matter; and
indicated that the organization goes door to door to educate
residents.
Additional discussion ensued between staff and
Councilmembers regarding whether it is legal to require that
landlords and HOA Boards take a vote; self-policing;
complaints based enforcement; concern with accommodating
HOAs that did not come to the meeting and have not enforced
restrictions for years; HOAs vs. landlords; concern with the
length of the process; implementation; a suggestion to have August 26, 2013
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staff bring back an ordinance with options; the Santa Monica
ordinance; having the percentages of smokers match the
percentage of units; moving the problem to a different area;
creating an ordinance to address second-hand smoke but
creating a smokers area where butts can be captured; private
citizen enforcement; education; including a phase-in plan; a
suggestion to place the onus on the HOA; and the
notification process for when the item comes back before the
City Council.
The City Council, by consensus, directed the City Manager to
return to the City Council at a future meeting with a draft
ordinance that would include a menu of options.
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Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
There was no response.
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Items from the City Council
Items from Councilmember Clarke
• Congratulated the Westside Baseball Westchester Babe
Ruth Little League teams for winning the 2013 World
Series.
• Announced that the Farmers Market would provide space
for volunteers of non-profit organizations to display
materials
Items from Mayor Cooper
• Noted that Nolan Martinez, the Most Valuable Player in
the Little League World Series, is from Culver City
Items from Councilmember O’Leary
• Requested that issues with the Beer Garden at Fiesta La
Ballona be addressed for next year
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Adjournment
There being no further business, at 9:51 p.m., the City Council
adjourned its meeting to a meeting on Monday, September 9, 2013
at 7:00 p.m.
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Martin R. Cole
CITY CLERK of Culver City, California
EX-OFFICIO CLERK of the City Council
Culver City, California
JEFFREY COOPER
MAYOR of Culver City, California