THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE May 2, 2011
CITY COUNCIL, CITY OF CULVER CITY, 6:00 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 6:00
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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Closed Session
The City Council adjourned to Closed Session to discuss the
following items:
CS-1 Conference with Legal Counsel – Anticipated Litigation
Re: Initiation of Litigation – One Case
Pursuant of Government Code Section 54956.9(c)
CS-2 Conference with Legal Counsel – Anticipated Litigation
Re: Significant Exposure to Litigation – (1 item)
Pursuant to Government Code Section 54956.9(b)(1)
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Recess
The City Council recessed to Closed Session at 6:00 p.m.
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Reconvene
The City Council reconvened its meeting at 7:11 p.m. with
all Councilmembers present.
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May 2, 2011
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and
the Pledge of Allegiance was led by Mike Snell.
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Presentations
Item P-1
A Proclamation Declaring May 2011 as Historic Preservation
Month.
Councilmember Malsin read the proclamation in its entirety.
Stu Freeman, representing the Culver City Historical Society,
thanked the City Council for the proclamation.
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Item P-2
A Proclamation Declaring May 2011 as Older Americans Month.
Councilmember Weissman read the proclamation in its entirety.
Kay Hyman, representing the Senior Center of Culver City,
thanked the City Council for the proclamation and encouraged
everyone to visit the Senior Center.
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Item P-3
A Proclamation Declaring May 7, 2011 as Fire Service Day
Mayor O?Leary read the proclamation in its entirety.
Fire Chief Chris Sellers thanked the City for the proclamation
and encouraged everyone to visit the Fire Station.
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May 2, 2011
Item P-4
Update from Southern California Edison Company.
Mark Olson, Southern California Edison, provided a brief
update on Southern California Edison programs.
Councilmember Malsin discussed the City?s work with Edison.
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Adjourn in Memory
MOVED BY MAYOR O?LEARY, SECONDED BY COUNCILMEMBER WEISSMAN AND
UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, IT
BE ADJOURNED IN MEMORY OF URSULA VERA, WIDOW OF FORMER MAYOR
AND COUNCILMEMBER ALBERT VERA.
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Public Comment – Items Not on the Agenda.
Councilmember Malsin invited public comment.
The following members of the audience addressed the City
Council:
Fred Yglesias thanked the City Council for the get well cards
he received after his operation and he congratulated Mayor
O?Leary on becoming Mayor.
Terry Silberman voiced concern about the structure being built
at 4213 Vinton Avenue; she questioned why the permit was
granted and why the construction was being allowed to continue
when zoning allegedly does not allow for that; she discussed
the size of the structure and lack of a kitchen; and she asked
that the City Council not allow these actions to continue.
Lyndon Stambler echoed comments of the previous speaker;
provided background on the project; discussed impacts to his
family and property value; and he asked the City Council to
enforce zoning.
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May 2, 2011
Public Comment
(continued)
Meghan Sahli Wells expressed condolences to the Vera family;
announced a community meeting at the Linwood Howe Elementary
School Library regarding the “Safe Routes to School Plan” on
May 3, 2011; the monthly meeting of the Democratic Club on May
11, 2011; she indicated that May was National Bike month; and
she noted that National Bike Week was May 16-20 and the Culver
City Bicycle Coalition would be sponsoring “Bike from Work
Night” on May 19, 2011.
Cary Anderson expressed sadness at the passing of Ursula
Vera and he expressed is opinion regarding the killing of
Osama Bin Laden.
At this time, Sol Blumenfeld, Community Development
Director, provided an update on the City investigation of
concerns relative to the addition constructed on Vinton
Avenue; he indicated that the permit was lawfully issued
and that the building height had been confirmed; he noted
that a report would be provided to the City Council; he
clarified that the ability to build in this manner is
allowed in the zoning ordinance; he suggested that future
Council City action could be taken to affect additional
developments of this kind; and he reported that it would be
illegal for the City to stop the project.
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Public Hearing
Item PH-1
Adoption by Reference of the 2010 California Building Code and
Consideration of a Resolution Adopting Exceptions Thereto
(Request to Continue Public Hearing to May 23, 2011).
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O?LEARY AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CONTINUE THIS
PUBLIC HEARING TO MONDAY, MAY 23, 2011 AT 7:00 P.M.
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May 2, 2011
Consent Calendar
Councilmember Malsin invited public comment for Consent
Calendar Item C-1 [Authorization to Award a Contract to New
Flyer of America for the Purchase of Twenty (20) Advanced
Design, Heavy-Duty, Low Floor Compressed Natural Gas (CNG)
Powered Forty-Foot Transit Buses and Optional Equipment in
the Amount not to Exceed $11,107,950].
The following member of the audience addressed the City
Council:
Ben Verheiden, West Los Angeles College student,
distributed handouts to the City Council; expressed concern
that the possible elimination of a bus stop on campus could
affect compliance with the Americans With Disabilities Act;
and he expressed concern that the bus builder and fuel
source might not be the best choice for the City.
Discussion ensued between the City Council and staff
regarding parts and where the bus was being manufactured;
efforts to purchase buses mostly made in America;
compliance with the Buy America Provision; New Flyer brand
versus Navi brand; clarification regarding bus service at
West Los Angeles College; and what happens to buses that
are no longer in service.
Councilmember Malsin invited public comment regarding
Consent Calendar Item C-5 [Approval of Final Plans and
Specifications and Authorization to Publish a Notice
Inviting Bids for Sewer Main Lining Rehabilitation Project
(Phase II), P-906].
The following member of the audience addressed the City
Council:
Meghan Sahli Wells read a comment from John Flynn regarding
issues with work done by City contractors and requesting that
the City carefully examine the work of the last contractor to
work on City sewer lines and to hire the next contractor not
only on the basis of cost but also of quality.
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May 2, 2011
Consent Calendar
(continued)
Councilmember Malsin highlighted the positive programs and
projects moving forward in the City with natural gas buses;
the El Marino Playground rehabilitation project; a substantial
pavement renovation project throughout the City; sewer
relining, and the contract for the traffic signal at
Washington Boulevard and McLaughlin.
MOVED BY MAYOR O?LEARY, SECONDED BY COUNCILMEMBER WEISSMAN,
AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL APPROVE CONSENT
CALENDAR ITEMS C-1 THROUGH C-8.
Item C-1
Authorization to Award a Contract to New Flyer of America for
the Purchase of Twenty (20) Advanced Design, Heavy-Duty, Low
Floor Compressed Natural Gas (CNG) Powered Forty-Foot Transit
Buses and Optional Equipment in the Amount not to Exceed
$11,107,950.
THAT THE CITY COUNCIL:
1. AUTHORIZE THE PURCHASING OFFICER TO ISSUE A PURCHASE ORDER
IN THE AMOUNT OF $11,107,950.00 TO NEW FLYER OF AMERICA
INCORPORATED, FOR THE ACQUISITION OF TWENTY (20) NEW AND
UNUSED CNG POWERED FORTY-FOOT (40?) LOW FLOOR HEAVY DUTY
ADVANCED DESIGN TRANSIT BUSES AND OPTIONAL EQUIPMENT; 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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May 2, 2011
Item C-2
Award of a Contract to Creative Nile Builders, as the Lowest
Responsive and Responsible Bidder, for the Construction of the
El Marino Park Playground Rehabilitation Project, P-899.
THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO CREATIVE NILE BUILDERS, AS THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE EL MARINO PARK
PLAYGROUND REHABILITATION PROJECT, P-899, IN THE AMOUNT OF
$41,150.00, BASED ON ITS BASE BID; AND,
2. AUTHORIZE THE PARKS DIVISION MANAGER TO APPROVE CHANGE
ORDERS IN AN AMOUNT NOT-TO-EXCEED $4,115.00, 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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May 2, 2011
Item C-3
Award of a Contract to All American Asphalt, as the Lowest
Responsive and Responsible Bidder, for the Construction of the
2011 Pavement Overlay Project, P-863, P-903.
THAT THE CITY COUNCIL:
1. AWARD A CONTRACT TO ALL AMERICAN ASPHALT, AS THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE 2011 PAVEMENT
OVERLAY PROJECT, P-863, P-903, IN THE AMOUNT OF $947,000.00,
BASED ON ITS BASE BID;
2. AUTHORIZE AN INCREASE OF THE CONSTRUCTION CONTRACT WITH ALL
AMERICAN ASPHALT IN AN AMOUNT NOT TO EXCEED $236,750.00 (25%
OF BASE BID) FOR ADDITIONAL STREET RESURFACING;
3. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN THE AMOUNT NOT-TO-EXCEED $122,375.00,
IF NECESSARY;
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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May 2, 2011
Item C-4
Award of Construction Contract to ACCO Engineered Systems as
the Lowest Responsive and Responsible Bidder for the
Replacement of Boiler and Chiller at the Veterans Memorial
Building, P-132.
THAT THE CITY COUNCIL:
1. AWARD A CONSTRUCTION CONTRACT TO ACCO ENGINEERED SYSTEMS AS
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER IN THE AMOUNT OF
$186,351.00 TO REPLACE THE BOILER AND CHILLER AT THE VETERANS
MEMORIAL BUILDINGMB; AND,
2. AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO
APPROVE CHANGE ORDERS TOTALING A NOT-TO-EXCEED AMOUNT OF
$37,400.00, DUE TO UNFORESEEN CONDITIONS;
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
Approval of Final Plans and Specifications and Authorization
to Publish a Notice Inviting Bids for Sewer Main Lining
Rehabilitation Project (Phase II), P-906.
THAT THE CITY COUNCIL APPROVE THE FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZE PUBLICATION OF A NOTICE INVITING
BIDS FOR CONSTRUCTION OF THE SEWER MAIN LINING REHABILITATION
PROJECT (PHASE II), P-906.
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May 2, 2011
Item C-6
(1) Acceptance of Work Performed by Steiny and Company,
Inc., and (2) Authorization to File a Notice of Completion,
and (3) Approval of a Related Construction Contract
Amendment, and (4) Authorization to Release the Retention
Payment after the Expiration of the 35-Day Lien Period, for
the Washington Boulevard Traffic Signal Improvement
Project, P-909.
THAT THE CITY COUNCIL:
1. ACCEPT THE WORK PERFORMED BY STEINY AND COMPANY, INC.
FOR THE CONSTRUCTION OF WASHINGTON BOULEVARD TRAFFIC SIGNAL
IMPROVEMENT PROJECT, P-909;
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;
3. APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF
$223,152.25; AND
4. AUTHORIZE THE CITY MANAGER TO RELEASE $22,315.23 IN
RETENTION TO STEINY AND COMPANY, INC. AFTER THE EXPIRATION
OF THE 35-DAY LIEN PERIOD.
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Item C-7
Reject Bids for the Veterans Memorial Park Facilities’
Americans with Disabilities Act Door Improvement Project
(Community Development Block Grant Project #601317-10) and
Authorize Staff to Re-Solicit Bids for the Project.
THAT THE CITY COUNCIL:
1. REJECT THE BIDS FOR THE VETERANS MEMORIAL PARK FACILITIES
AMERICANS WITH DISABILITIES ACT DOOR (ADA) IMPROVEMENT PROJECT
(CDBG PROJECT #601317-10); AND
2. AUTHORIZE STAFF TO RE-SOLICIT BIDS FOR THE PROJECT.
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May 2, 2011
Item C-8
Approval of an Encroachment Permit Agreement with The
L.T.D. Group, LLC for (1) Use of the Public Right-of-Way
Along Ocean Avenue (Adjacent to 5000 Overland Avenue) for
Public Parking and (2) City’s Agreement to Process a Future
Application for Vacation of such Public Right-of-Way.
THAT THE CITY COUNCIL:
1. APPROVE THE PROPOSED ENCROACHMENT PERMIT AGREEMENT WITH THE
L.T.D. GROUP, LLC FOR (1) USE OF THE PUBLIC RIGHT-OF-WAY ALONG
OCEAN AVENUE (ADJACENT TO 5000 OVERLAND AVENUE) FOR PUBLIC
PARKING AND (2) CITY?S AGREEMENT TO PROCESS A FUTURE
APPLICATION FOR VACATION OF SUCH PUBLIC RIGHT-OF-WAY; 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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Joint Items
Item J-1
Walker Study Implementation Report 1 - Consideration of
Parking Fee Increases for Downtown Public Parking Facilities.
Staff presented a summary of the material of record.
Discussion ensued between the City Council and staff regarding
implementation reports and implementation action.
Councilmember Malsin invited public participation.
The following members of the audience addressed the City
Council:
Kevin Lachoff, Culver City Chamber of Commerce, felt the
limited funds should benefit as many businesses in the City as
possible for as long as possible and he expressed support for
the staff recommendation.
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May 2, 2011
Item J-1
(continued)
Patrick Perry, Oliver MacMillan, discussed correspondence
provided to the City Council regarding concerns with
recommendations in the staff report and he requested that
action not be taken to afford the chance for further dialogue
with City staff.
Cary Anderson presented and discussed a book entitled The
High Cost of Free Parking; he did not support raising the
cost of parking for employees or trying to get more people
to park at the Ince parking structure; he discussed
enforcement; he suggested that money raised be put back
into developing the downtown area; and he felt that all the
parking items should be considered together as they are all
interconnected.
Meghan Sahli Wells felt the Walker Parking Study was a good
document but she did not support instituting fees for the
free lots; she felt employee parking rates should not be
raised; she noted opposition to the elimination of free
parking by the Downtown Business Association and the
Downtown Neighborhood Association; she discussed
infrastructure improvements and signage to indicate
available parking spaces; and she expressed concern that
impacts to downtown businesses were examined but impacts to
residential areas were not.
Steven Rose wanted to see all businesses treated the same
on all days and he did not want to see the Farmers Market
subsidized.
Andrew Makishima, Pacific Theaters, voiced opposition to
the proposed parking rate increases and changes to theatre
validations; he discussed parking policies for other area
theatres; and he felt any adverse impacts on the theatre
would also affect the downtown area.
Alice Prasad, Associate Analyst, read written comments
submitted by:
Douglas Newton
Linda Levinson
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May 2, 2011
Item J-1
(continued)
At this time, Steffen Turoff, Walker Parking, clarified that
their goal was to even out demand by evening out the pricing.
Discussion ensued between the City Council and staff
regarding a comprehensive look at downtown parking;
enforcement; a breakdown of monthly parking permits for the
Watseka, Cardiff and Ince parking structures; incentivizing
people to get off the street and into the structures;
revenues; modifying behavior; making the Ince parking
structure a more attractive destination; the option to
retain one hour of no cost parking; the expanded scope of
the Walker Parking Study; competitiveness of the downtown
area; evaluations of each phase and impacts to downtown
businesses; managing a resource for the benefit of
residents and the business community; and input from the
business community.
Discussion continued regarding revenue growth; monitoring
occupancy rates and peak usages; monthly usage versus
hourly usage; signage; maintaining free parking;
consideration of expert opinion; the increase to the
employee parking rate; current revenues; maintenance costs;
capital improvements; increasing efficiency; concern with a
potential deficit; feasibility of a specific enforcement
program for residential areas; tracking sales taxes;
affects to Trader Joe?s; discussions with Oliver McMillan;
and special needs of the movie theatre.
Further discussion ensued regarding one hour free parking
versus two hour free parking; reducing rates for the Ince
parking structure; the percentage of parking paid by
employers; leaving the Ince parking structure with two
hours free and charging one dollar for the first two hours
at the Cardiff and Watseka parking structures; feasibility
of validated parking for the first three hours for theatre
goers; addressing revenue issues versus efficiency issues;
the importance of paying for capital upkeep; the impact of
the opening of the Expo Line; the option of undoing the
changes if impacts are negative; and enforcement revenue as
a byproduct to cover costs.
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May 2, 2011
Action Items
Item A-1
1) Approval of a Policy that there be no Special Parking
Enforcement on the Day of the Annual Car Show Downtown, and
that the Only Parking Enforcement that Occur be on those
Streets that have Existing Permit or Time Limit Parking
Restrictions.
Charles Herbertson, Public Works Director/City Engineer,
provided a summary of the material of record.
Gabe Garcia, Traffic Engineering Manager, noted that the item
was in line with desires expressed by the City Council at the
meeting of March 14, 2011.
Councilmember Malsin invited public participation.
The following members of the audience addressed the City
Council:
Laura Stuart, Jay Shery, and Mike Snell, representing the Car
Show Committee, expressed support for the staff
recommendation.
Cary Anderson noted that car show parking signage used in the
past was not legally binding; he discussed parking passes and
their distribution; accountability; full parking structures
versus convenience; and he expressed concern that nothing
would change from previous years.
Meghan Sahli Wells discussed benefits of the Car Show to the
community; parking enforcement issues; and she asked that
extra effort be taken to ensure respect for residents.
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May 2, 2011
Item A-1
(continued)
Discussion ensued between the City Council and staff regarding
regular patrols versus concentrated enforcement; focusing on
permitted areas; different types of infractions; help for
those residents who are not in permitted areas; concern with
fairness to residents; acknowledgement of previous issues;
support for additional enforcement; comparisons with Fiesta La
Ballona; and neighborhood representation.
MOVED BY MAYOR O?LEARY, SECONDED BY COUNCILMEMBER COOPER AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE A POLICY
THAT THERE BE NO SPECIAL PARKING ENFORCEMENT ON THE DAY OF THE
ANNUAL CAR SHOW DOWNTOWN AND THAT THE ONLY PARKING ENFORCEMENT
THAT WILL OCCUR WILL BE ON THOSE STREETS THAT HAVE EXISTING
PERMIT OR TIME LIMIT PARKING RESTRICTIONS.
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Item A-2
Approval of a Fee Waiver Requested by THINK LIKE A MAN Feature
Film Related to Film Location Fees.
John Nachbar, City Manager, provided a summary of the
material of record.
Discussion ensued between the City Council and staff regarding
possible benefits to the City; locations proposed for usage;
concerns with tying up residential streets; concern with
setting a precedent; findings in the staff report that make
this project unique; the ability to halt production if issues
arise; clarification that the fee waiver would not affect the
regular permitting process and the production would still pay
associated fees; residential feedback; and concern with
fairness.
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May 2, 2011
Item A-2
(continued)
Further discussion ensued regarding the importance of
clarifying that normal permitting procedures should be
followed, that this is being done on a case by case basis, and
in the spirit of the findings made regarding the previous
resolution on productions; an assertion that the sales tax
revenue generated from the production would not make up for
the loss in fees; justifying the waiver if the City can get
promotional benefit out of it; the value of product placement;
agreement contingent upon promotional placement; the
difficulty of measuring the economic impact; communicating the
importance of using local vendors to the production company;
and the importance of keeping film production in Southern
California.
MOVED BY MAYOR O?LEARY, SECONDED BY COUNCILMEMBER MALSIN AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE A FEE
WAIVER FOR LOCATION FEES AS REQUESTED BY THINK LIKE A MAN.
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Item A-3
Adoption of a Resolution Authorizing the City to Participate
in the Community Energy Partnership.
Helen Kerstein, Management Analyst, provided a summary of the
material of record.
Mark Olson, Southern California Edison, provided a
presentation on the Energy Leaders Partnership program.
Laurel Rothschild, Energy Coalition, highlighted benefits of
the program.
Councilmember Malsin invited public participation.
There was no response.
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May 2, 2011
Item A-3
(continued)
Discussion ensued between the City Council and staff regarding
presentations heard by the Sustainability Committee; support
for the program; energy efficiency; reducing utility user
taxes; and the amount of staff time involved.
MOVED BY COUNCILMEMBER COOPER, SECONDED BY MAYOR O?LEARY AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT RESOLUTION
NO. 2011-R024 AUTHORIZING THE CITY TO PARTICIPATE IN THE
COMMUNITY ENERGY PARTNERSHIP.
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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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Receipt of Correspondence
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY MAYOR O?LEARY AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE
CORRESPONDENCE.
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Items from Staff
No action was taken on this item.
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May 2, 2011
Items from the City Council
Items Presented by Councilmember Weissman:
Inquired when the new agenda format would be implemented.
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Items Presented by Councilmember Cooper:
Encouraged everyone to attend Fire Service Day on May 7,
2011.
Extended condolences to the Vera Family.
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Items Presented by Councilmember Malsin:
Announced the “Education Foundation Tribute to the Stars”
at Sony Studios on May 6, 2011.
Received consensus to consider a permit parking district
for three small streets between Washington Boulevard and
Washington Place, west of Centinela Avenue.
Received consensus to consider granting a density bonus
to mobile home property owners.
Discussion ensued among the City Council resulting in
consensus to agendize a discussion of why the Mobile Home
Park ordinance is needed.
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May 2, 2011
Adjournment
There being no further business, at 9:58 p.m., the City
Council adjourned its meeting in memory of Ursula Vera, widow
of former Mayor and Councilmember Albert Vera, to a meeting to
be held on May 9, 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
MICHEÁL O?LEARY
MAYOR of the City of Culver City, California