Legislation Details

File #: HIST-16415    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 3/28/2011 Final action: 3/28/2011
Title: Approval of Minutes for the Special Meeting of February 17, 2011; the Adjourned Regular Meeting of February 22, 2011; and the Regular Meeting of February 28, 2011.
Attachments: 1. Approval of Minutes for the Special Meeting of Feb - Minutes of 02-17-2011.pdf, 2. Approval of Minutes for the Special Meeting of Feb - Minutes of 02-22-2011.pdf, 3. Approval of Minutes for the Special Meeting of Feb - Minutes of 02-28-2011.pdf
THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL February 17, 2011 8:04 p.m. SPECIAL MEETING OF THE CITY COUNCIL, CITY OF CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 8:04 p.m. Present: Christopher Armenta, Mayor Micheal O'Leary, Vice Mayor Andrew Weissman, Councilmember Jeffrey Cooper, Councilmember Absent: D. Scott Malsin, Councilmember - excused o0o Invocation/Pledge of Allegiance The Invocation was given by John Nachbar, City Manager, and the Pledge of Allegiance was led by Richard Rownak. o0o Public Comment - Items Not on the Agenda Councilmember O'Leary invited public comment. The following member of the audience addressed the City Council: Richard Rownak requested that the contract of the City Attorney not be renewed when it comes up for renewal next month; he discussed alleged misinformation relating to his complaint; and he requested that before the renewal comes before the City Council that all his complaints and evidence submitted to the City Council and Redevelopment Agency since 2000 be gathered and examined by the City Council and City Manager. o0o February 17, 2011 Joint Item Item J-1 (1) Adoption of a Resolution of the City Council Approving the Issuance, Sale and Delivery of Tax Allocation Bonds, (2) Adoption of a Resolution of the Redevelopment Agency Authorizing the Issuance, Sale and Delivery of Tax Allocation Bonds, Approving as to Form and Authorizing the Execution and Delivery of Certain Documents in Connection with Such Bonds and Authorizing other Related Actions, (3) Adoption of a Resolution of the Redevelopment Financing Authority Approving the Execution and Delivery of a Bond Agreement, and (4) Approval of Agreements with Bond Consultants in Connection with the Sale and Issuance of 2011 Tax Allocation Bonds for the Culver City Redevelopment Project. Jeff Muir, Chief Financial Officer, provided a summary of the material of record. Councilmember O'Leary invited public participation. The following members of the audience addressed the City Council: Cary Anderson discussed special meetings and the number of meetings held in February; notification; alleged incorrect information in the attachments; alternative means of notification; and he questioned where the money would come from to pay for the approved projects if the governor eliminates the Redevelopment Agency. Meghan Sahli Wells commented on the difficulty for most people to read the 150 page report made available one day prior to the meeting; questioned the rush to build a new parking structure; discussed tax increment monies; and questioned priorities and who would be responsible for the costs if the governor eliminates the Redevelopment Agency. Egon Monostory asserted that the money was allegedly being taken from schools and police in order to subsidize developers and he felt that massive fraud would be the cause of the demise of redevelopment agencies. 2 February 17, 2011 Item J-1 (continued) Tony Pappas discussed the elimination of redevelopment agencies; asserted that there were allegedly major errors in the document; discussed different types of bonds; requirements and obligations for lawyers; and he expressed concern with whether the meeting had been noticed properly. Discussion ensued between the City Council and staff regarding the source and amount of tax increment coming to the Redevelopment Agency; clarification that if the legislature eliminates redevelopment, bonded indebtedness will be grandfathered and tax increment would continue to come to Culver City to pay that indebtedness; clarification regarding projects and dollar amounts attributed to those projects; clarification that the parking structures are stand alone projects also used as a method to leverage private reinvestments; efforts to grow the Hayden Tract; improving property at Washington/National Boulevards; taxable bond monies; tax exempt monies used for median improvements through the AIP program; and interest rates. Daryl Street, representing Fieldman, Rolapp and Associates, discussed the rating on the Redevelopment Agency bonds, interest rates, and the current market. Discussion continued regarding clarification that the bond proceeds will be used to fund the projects and over time tax increment that comes in will be used to pay the debt service on the bonds; the contribution of commercial versus residential; the tax sharing agreement; the portion of the tax increment going to schools; the General Fund; and clarification that if the tax increment does not cover the bond indebtedness the City is not security for the bonds. Martin Cole, Assistant City Manager/City Clerk, read a statement from Councilmember Malsin indicating his support for the staff recommendation. 3 February 17, 2011 Item J-1 (continued) Further discussion ensued between the City Council and staff regarding clarification that the action tonight did not preclude or circumvent the public process for the projects; efforts to secure the financing for the projects; the origin of the proposed projects; redevelopment as a tool to incentivize development; clarification that if the bonds were not issued and the projects were not approved the tax increment would be lost to other taxing entities such as the county or the state general fund; the need for public parking; and guaranteeing the tax increment to pay for the parking. MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER COOPER, THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R007 APPROVING THE ISSUANCE, SALE AND DELIVERY OF TAX ALLOCATION BONDS BY THE CULVER CITY REDEVELOPMENT AGENCY. AYES: Councilmembers Cooper, O'Leary, Weissman, Armenta NOES: None ABSTAIN: None ABSENT: Councilmember Malsin o0o Public Comment for Items Not On the Agenda (Continued) Councilmember O'Leary invited public participation. The following members of the audience addressed the City Council: Cary Anderson questioned why there had been no response to his concerns regarding notification; noted previous concerns with missing agenda item reports that were also allegedly ignored; discussed the Planning Commission approval of the Kinston Avenue project; notice for the current meeting; and allegedly ignored requests. Martin Cole, Assistant City Manager/City Clerk, clarified that there were no legal noticing issues with respect to the current meeting; and he recounted previous efforts to respond to Mr. Anderson's concerns. 4 February 17, 2011 Public Comment (continued) Todd Tipton, Redevelopment Administrator, indicated that he could furnish proof of the posting of the agendas for the current meeting. Tony Pappas indicated that he had not received responses to his complaints about notice or posting of the agendas; he expressed concern that 72-hours notice was allegedly not given for the meetings; and he questioned why it was allowable for the regular meeting of the Finance Authority to be held in February rather than October. o0o Receipt of Correspondence MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER ARMENTA, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. AYES: Councilmembers Cooper, O'Leary, Weissman, Armenta NOES: None ABSTAIN: None ABSENT: Councilmember Malsin 0Qo Items from Staff No action was taken on this item. o0o Items from the City Council Items Presented by Councilmember Weissman: • Announced the funeral for Pauline Dolce, former City Clerk to be held on February 22, 2011. o0o 5 February 17, 2011 Adjournment There being no further business, at 9:08 p.m., the City Council adjourned its meeting to a meeting to be held on February 22, 2011. 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 CHRISTOPHER ARMENTA MAYOR of the City of Culver City, California 6 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL February 22, 2011 6:00 p.m. ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, CITY OF CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 6:00 p.m. Present: Christopher Armenta, Mayor Micheal O'Leary, Vice Mayor Jeffrey Cooper, Councilmember D. Scott Maisin, Councilmember Andrew Weissman, Councilmember o0o Closed Session The City Council will adjourn to Closed Session to discuss the following item: CS-1 Conference with Legal Counsel - Existing Litigation Re: Community Health Councils, Inc., City of Culver City, et al., v. County of Los Angeles Case No. BS118018 (Re County Community Standards District for Oil Drilling Operations) Pursuant to Government Code Section 54936.9(a) o0o Recess The City Council recessed to Closed Session at 6:00 p.m. o0o Reconvene The City Council reconvened its meeting at 7:05 p.m. with all Councilmembers present. o0o February 22, 2011 Closed Session Report Mayor Armenta 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 Judith Martin Straw. o0o Public Comment - Items Not on the Agenda Mayor Armenta invited public comment. There was no response. Martin Cole, Assistant City/Manager City Clerk, read written comments submitted by: Greg Dynabursky o0o Announcements Mayor Armenta announced that Los Angeles County Supervisor Mark Ridley Thomas would be discussing Baldwin Hills Oil Field issues on February 23, 2011 at Veterans Memorial Auditorium. o0o 2 February 22, 2011 Joint Public Hearing Item JPH -1 Adoption of City Council and Redevelopment Agency Board Resolutions Approving a Cooperation Agreement Between the City of Culver City and the Culver City Redevelopment Agency for Funding of Proposed Public Infrastructure Improvements Relating to Public Safety Headquarters and Veterans Memorial Building. Sol Blumenfeld, Redevelopment Director, provided a summary of the material of record. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS OF PUBLICATION NOTICES AND CORRESPONDENCE RECEIVED IN RESPONSE TO THE PUBLIC HEARING NOTICES. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE OPENED. Mayor Armenta invited public participation. There was no response. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE CLOSED. Discussion ensued between the City Council and staff regarding support for the project; traffic in the current area; and value of the land at the current location. 3 February 22, 2011 Item JPH-1 (continued) Following discussion, the following motion was made: MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ADOPT RESOLUTION NO. 2011-R008 THAT MAKES FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVES THE PUBLIC BUILDINGS AGREEMENT BETWEEN THE CITY OF CULVER CITY AND THE CULVER CITY REDEVELOPMENT AGENCY TO PROVIDE FOR FUNDING OF PROPOSED PUBLIC INFRASTRUCTURE IMPROVEMENTS RELATING TO PUBLIC SAFETY HEADQUARTERS AND VETERANS MEMORIAL BUILDING; 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 Joint Items Item J-2 (out of sequence) Adoption of City Council and Redevelopment Agency Board Resolutions Approving a First Amendment to the January 2011 Cooperation Agreement between the City of Culver City and the Culver City Redevelopment Agency Relating to the Funding of Public Infrastructure Improvements and Affordable Housing Projects. Sol Blumenfeld, Redevelopment Director, provided a summary of the material of record. Mayor Armenta invited public participation. There was no response. 4 February 22, 2011 Item J-2 (continued) Discussion ensued between the City Council and staff regarding improvements in the industrial area; the Redevelopment Agency budget and work plan; bond funded items; coordination with the La Cienega Corridor Improvement Project; clarification regarding increased funding of ongoing maintenance of Agency assets and downtown parking; and clarification that the item is an authorization of funding. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. ADOPT RESOLUTION NO. 2011-R009 MAKING FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND 33334.2 AND APPROVING THE FIRST AMENDMENT TO THE PUBLIC IMPROVEMENTS AND AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF CULVER CITY AND THE CULVER CITY REDEVELOPMENT AGENCY TO PROVIDE FOR FUNDING OF SPECIFIED PUBLIC INFRASTRUCTURE IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS; 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 Item J-1 Adoption of City Council and Redevelopment Agency Board Resolutions to (i) Approve of Option Agreements Granting the City the Right to Purchase Agency-Owned Property and (ii) Approve of Instruments Securing Agency Obligations related to the Option Agreements and Certain Cooperation Agreements. Todd Tipton, Redevelopment Administrator, provided a summary of the material of record. Mr. Tipton clarified the formula for determining the liquidated damages of the option and changes to the resolutions. Mayor Armenta invited public input. 5 February 22, 2011 Item J-1 (continued) There was no response. Martin Cole, Assistant City Manager/City Clerk, summarized amendments to the attachments. Discussion ensued between the City Council and staff regarding ensuring the benefits of redevelopment for the community; clarification that the proposal would enable the work of the Redevelopment Agency to continue; the value of the work done by the Redevelopment Agency; status of the Wesley Street property; a suggestion to create a map of the parcels of the City for the website; tracking Redevelopment Agency assets; and being circumspect about what is for sale. Ted Ballmer, Redevelopment Agency General Counsel, indicated that it was difficult to speculate as to what would happen if the City did not purchase properties and take over the notes, deeds of trusts and agreements, and the elimination of the redevelopment agencies came to fruition; he discussed proposed legislation; noted that the properties could be lost; and he clarified that the agreements would keep the properties and assets tied to the projects approved pursuant to the cooperation agreements so that the projects can be completed. Additional discussion ensued regarding previous suggestion about putting Redevelopment Agency properties on the City website; the Blackwelder parcel; and time involved to put a map of Agency properties online. 6 February 22, 2011 Item J-1 (continued) Following discussion, the following motion was made: MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2011-R010 THAT: 1. APPROVES THE FORM OF OPTION AGREEMENT; AND 2. APPROVES THE FORM OF PLEDGE OF ACCOUNTS; AND 3. APPROVES THE FORM OF PLEDGE OF NOTES; AND 4. APPROVES THE FORM OF DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS); AND 5. APPROVES THE FORM OF UCC-1 WITH ATTACHMENT. 6. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS RELATED TO ITEMS 1-5 ABOVE; AND, 7. AUTHORIZE THE MAYOR TO EXECUTE SUCH DOCUMENTS RELATED TO ITEMS 1-6 ABOVE ON BEHALF OF THE CITY. o0o Item J-3 Approval of an Implementing Agreement between the City of Culver City, the Culver City Redevelopment Agency, and the Culver City Unified School District Relating to Pass Through Payments Authorized by the Third Amended Agreement for Redevelopment Project No. 2. Todd Tipton, Redevelopment Administrator, provided a summary of the material of record. Mayor Armenta invited public participation. There was no response. 7 February 22, 2011 Item J-3 (continued) Martin Cole, Assistant City Manager/City Clerk, reported that he and the City Manager had met with School District representatives who stressed the importance of the pass-through payments to the district and their day-to-day operations; he indicated that the School District was aware of the item on the agenda; he reported a School Board meeting was being held tonight; and he discussed comments submitted by the Board and staff noting their concern with uncertainty of the funding stream. Discussion ensued between the City Council and staff regarding clarification on calendar year pass-through payments; the significance of the payments; the stable source of revenue from the Redevelopment Agency versus the dwindling funds from the state; and clarification that the action protects the school's funding and strengthens the existing agreement. MOVED BY COUNCILMEMBER O'LEARY, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. APPROVE THE IMPLEMENTING AGREEMENT AMONG THE CITY OF CULVER CITY, THE CULVER CITY REDEVELOPMENT AGENCY AND THE CULVER CITY UNIFIED SCHOOL DISTRICT TO PROVIDE FOR SPECIFIED PAYMENTS BY THE REDEVELOPMENT AGENCY TO THE SCHOOL DISTRICT THROUGH 2024; 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. 000 Public Comment for Items Not on the Agenda - continued Mayor Armenta invited public participation. There was no response. o0o 8 February 22, 2011 Receipt of Correspondence MOVED BY COUNCTLMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Items from Staff No action was taken on this item. 00o Items from the City Council Items Presented by Councilmember Melsin: • Announced that two Culver City restaurants had received awards from the James Beard Foundation honoring culinary excellence for best chefs and best new restaurants and he noted that the Redevelopment Agency had supported the restaurants through their efforts to strengthen the business community. o0o Items Presented by Councilmember Weissman: • Requested that the schedule of activities for Golden State Water be placed on the City's website. o0o Items Presented by Councilmember Cooper: • Requested an update regarding the Culver City Dog Park. John Nachbar, City Manager, indicated that the Dog Park should be open by March 1, 2011 or soon after. o0o 9 February 22, 2011 Adjournment There being no further business, at 7:54 p.m., the City Council adjourned its meeting to a meeting to be held on February 28, 2011. 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 CHRISTOPHER ARMENTA MAYOR of the City of Culver City, California 10 THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE CITY COUNCIL February 28, 2011 5:31 p.m. REGULAR MEETING OF THE CITY COUNCIL, CITY . OF CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 5:31 p.m. Present: Christopher Armenta, Mayor Micheal O'Leary, .Vice Mayor Jeffrey Cooper, Councilmember D. Scott Malsin, Councilmember Andrew Weissman, Councilmember o0o Closed Session The City Council will adjourn to Closed Session to discuss the following items: CS-1 Conference with Real Property Negotiators Re: Former-Railroad Spur adjacent to 8511 Warner Drive City/Agency Negotiators: John Nachbar, City Manager/Executive Director Sol Blumenfeld, Director of Community Development/ Assistant Executive Director, Todd Tipton, Deputy Community Development Director/Redevelopment Administrator and Murray Kane, Agency General Counsel Other Parties Negotiators: Property Owners located between Hayden and Eastham Avenues 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 February 28, 2011 Closed Session (continued) CS-2 Conference with Real Property Negotiators Re: 6101 Slauson Avenue Agency Negotiators: John Nachbar, City Manager/Executive Director/City Manager, Sol Blumenfeld, Assistant Executive Director/CDD Director/Assistant Executive Director, Todd Tipton, Redevelopment Administrator/Deputy CDD Director/Redevelopment Administrator and Murray Kane, Agency General Counsel Other Parties Negotiators: Leo Bunnin and Michael Hastings Under Negotiation: Both Price and Terms of Payment, including use restrictions, development obligations and other monetary related considerations Pursuant to Government Code Section 54956.8 CS-3 Conference with Real Property Negotiators Re: Washington National TOD - Venice Properties at 8906, 8926 and 8936 Venice 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: Bill Feldman (8906 Venice Boulevard), Rhodes Trust (8926 Venice Boulevard) and Dawson Family trust (8936 Venice Boulevard) Under Negotiation: Price, terms of payment or both, including use restrictions, development obligations and other monetary related considerations Pursuant to Government Code Section 54956 CS-4 Conference with Labor Negotiators City designated representatives: City Manager John Nachbar; Director of Human Resources Serena Wright Employee Organization: Culver City Employees Association; Culver City Management Group; Culver City Police Officers Association; Culver City Fire Fighters Association; Culver City Police Management Group; Culver City Fire Management Association Pursuant to Government Code Section 54957.6 o0o 2 February 28, 2011 Recess The City Council recessed to Closed Session at 5:31 p.m. o0o Reconvene The City Council reconvened its meeting at 7:18 p.m. with all Councilmembers present. o0o Closed Session Report Mayor Armenta 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 Ken Kaufman. o0o Public Comment - Items Not on the Agenda Mayor Armenta invited public comment. The following members of the audience addressed the City Council: Michelle Weiner reported a successful "Transition Culver City" event on February 25, 2011 where a documentary about single use plastic bag pollution was screened; she discussed actions by the City of Santa Monica to institute a ban on single use plastic bags; and she requested that the City Council agendize discussion on this item. 3 February 28, 2011 Public Comment (continued) Discussion ensued between the City Council and staff regarding interest in the item; the length of time it takes to implement change; and agreement by staff to provide additional information on how to proceed if the City Council wanted to implement the bag ban. Donna LeBlanc thanked the City Council for the adjournment in memory of her mother. Meghan Sahli Wells echoed support for the plastic bag ban; she offered support to the City Council and to facilitate viewing of the documentary for Councilmembers; she reported on the second annual "Family Bicycle Ride" put on by the Culver City Bicycle Coalition; and she announced that family rides were held the last Sunday of every month. Councilmember Weissman reported that the documentary was available to view online at www.bagitmovie.com . Ela Valladares, Deputy City Clerk, read written comments submitted by: Richard Rownak o0o Public Hearings 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 March 7, 2011). MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CONTINUE THIS PUBLIC HEARING TO MONDAY, MARCH 7, 2011 AT 7:00 P.M. o0o 4 February 28, 2011 Item PH-2 (1) Introduction of an Ordinance Repealing and Replacing Chapter 9.02 of Title 9 of the Culver City Municipal Code and Adopting by Reference the 2010 California Fire Code with Local Amendments; and (2) Adoption of a Resolution Making Express Findings for the Modification of the Fire Code Based on Local Climatic, Geological and Topographical Conditions. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION AND POSTING OF NOTICE OF THE PUBLIC HEARING. Michael Bowden, Culver City Fire Marshal, provided a summary of the material of record. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE OPENED. Mayor Armenta invited public participation. There was no response. MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER COOPER AND UNANIMOUSLY CARRIED, THAT THE PUBLIC HEARING BE CLOSED. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. INTRODUCE ORDINANCE NO. 2011-003 REPEALING AND REPLACING CHAPTER 9.02 OF TITLE 9 OF THE CULVER CITY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE ., WITH LOCAL AMENDMENTS; AND 2. ADOPT RESOLUTION NO. 2011-R011 MAKING EXPRESS FINDINGS FOR MODIFICATION TO THE FIRE CODE BASED ON LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS. o0o 5 February 28, 2011 Adjourn in Memory MOVED BY COUNCILMEMBER O'LEARY, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS ADJOURNED, IT BE ADJOURNED IN MEMORY OF HERBERT F. KARNOFSKY, FATHER OF FORMER SCHOOL BOARD MEMBER MARLA WOLKOWITZ AND FATHER-IN-LAW OF FORMER MAYOR AND COUNCILMEMBER EDWARD WOLKOWITZ. o0o Consent Calendar Councilmember Cooper received clarification that meters were not proposed for Sepulveda Boulevard between Bush Way and Jefferson in Consent Calendar Item C-3 [(I) Adoption of an Ordinance Amending Chapter 7.03, Stopping, Standing and Parking, of the Culver City Municipal Code, by Repealing and Replacing Sections 7.03.500 through 7.03.520 and Amending Sections 7.03.535 and 7.03.550 Relating to Parking Meters; and (2) Adoption of a Resolution Designating Parking Meter Locations] but would be part of a later installation. Ela Valladares, Deputy City Clerk, read a written comment from Peter Stern regarding Consent Calendar Item C-5 [Adoption of a Resolution Approving an Encroachment Permit Agreement with NextG Networks for Use of the Public Right-of-Way at Various Locations]. Discussion ensued between the City Council and staff regarding the license agreement with the cable company to install the antennas; clarification that the operators are operating under the certificate of convenience and necessity issued by the State; the State permitting authority; reasonable time, manner, and place restrictions; the encroachment agreement; installations in the public right of way; fee S and permits; ownership of the pole; placement of additional items on the pole under the certificate of convenience and necessity; and penalties for after the fact encroachment permits. At this time, Paul O'Boyle, outside legal counsel representing NextG Networks, clarified that pictures displayed were of a similarly situated facility but not the actual site which will have a pole of the same size but a taller antenna. 6 February 28, 2011 Consent Calendar (continued) Further discussion ensued between the City Council and the speaker regarding clarification that the issue was an oversight of NextG engineers; micro versus macro technologies; micro cellular antennas; emissions; and adjustments to appearance. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY COUNCILMEMBER O'LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE CONSENT CALENDAR ITEMS C-1 THROUGH C-7. Item C-1 Meeting Minutes THAT THE CITY COUNCIL APPROVE THE MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 2011 AS SUBMITTED. o0o Item C-2 Cash Disbursements THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FROM FEBRUARY 5, 2011 THROUGH FEBRUARY 18, 2011. o0o 7 February 28, 2011 Item C-3 • (1) Adoption of an Ordinance Amending Chapter 7.03, Stopping, Standing and Parking, of the Culver City Municipal Code, by Repealing and Replacing Sections 7.03.500 through 7.03.520 and Amending Sections 7.03.535 and 7.03.550 Relating to Parking Meters; and (2) Adoption of a Resolution Designating Parking Meter Locations. THAT THE CITY COUNCIL: 1. ADOPT ORDINANCE NO. 2011-002 AMENDING CHAPTER 7.03, STOPPING, STANDING AND PARKING, OF THE CULVER CITY MUNICIPAL CODE, BY REPEALING AND REPLACING SECTIONS 7.03.500 THROUGH 7.03.520 AND AMENDING SECTIONS 7.03.535 AND 7.03.550 RELATING TO PARKING METERS; AND, 2. ADOPT RESOLUTION NO. 2011-R012 DESIGNATING PARKING METER LOCATIONS AND DIRECTING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO INSTALL AND MAINTAIN PARKING METERS IN SUCH LOCATIONS. o0o Item C-4 Award of a Construction Contract to Hull Brothers Roofing Company for Building Maintenance at Fire Station #2. THAT THE CITY COUNCIL: 1. AWARD A CONTRACT TO HULL BROTHERS ROOFING COMPANY FOR THE BUILDING IMPROVEMENTS AT FIRE STATION 42, 2-932, IN THE AMOUNT OF $29,650.00, BASED ON ITS BASE BID; AND, 2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $2,965.00, 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. o0o 8 February 28, 2011 Item C-5 Adoption of a Resolution Approving an Encroachment Permit Agreement with NextG Networks for Use of the Public Right-of-Way at Various Locations. THAT THE CITY COUNCIL: 1. ADOPT RESOLUTION NO. 2011-R013 APPROVING THE ENCROACHMENT PERMIT AGREEMENT WITH NEXTG NETWORKS; 2. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY DOCUMENTS; AND, 3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE DOCUMENTS ON BEHALF OF THE CITY. o0o Item C-6 Adoption of a Resolution Approving a General Services Agreement with the County of Los Angeles for the Period July 1, 2011 through June 30, 2016. THAT THE CITY COUNCIL: 1. ADOPT RESOLUTION NO. 2011-R014 APPROVING A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2016; 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 February 28, 2011 Item C-7 (I) Acceptance of $24,803.00 in Grant Funds from the 2009 State Homeland Security Grant Program for the Reimbursement of Fire Department Training Costs; and (2) Approval of a Budget Amendment Related Thereto. THAT THE CITY COUNCIL: 1. AUTHORIZE THE ACCEPTANCE OF $24,803.00 IN GRANT FUNDS FOR EQUIPMENT AND TRAINING COSTS AWARDED BY THE 2009 STATE HOMELAND SECURITY GRANT PROGRAM; AND, 2. APPROVE A BUDGET AMENDMENT APPROPRIATING $24,803.00 INTO • ACCOUNT 41445500 - HOMELAND SECURITY GRANT - FIRE (A BUDGET AMENDMENT REQUIRES A FOUR-FIFTHS VOTE); 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 Joint Item Item J-1 Adoption of a Joint Resolution in Opposition to All Proposals to Abolish Redevelopment Agencies. Mayor Armenta announced that this item was being carried over to the Council Meeting of March 7, 2011. o0o 10 February 28, 2011 Action Item Item A-1 Adoption of a Resolution Establishing a Preferential Parking District (Tilden Avenue Residential Parking District) and Rescinding Resolution No. 2009-R035. Cabe Garcia, Traffic Engineering Manager, provided a summary of the material of record. Discussion ensued between the City Council and staff regarding enforcement by the Police Department and the definition of a dwelling. Mayor Armenta invited public input. The following members of the audience addressed the City Council: John Derevlany observed that two streets complained about not having parking but many other streets were included in the parking plan; and he asked that the existing system be left in place or that the City simply focus on the specific streets with the problem. The City Council clarified that the action would not institute permit parking on any block where a super majority did not exist and that the action was being proposed in order to eliminate the study requirement. David Von Cannon expressed support for the proposal and complimented staff; he discussed steps to addx.ess. issues in the area; the redesign of the Tilden/Washington Boulevard intersection; and the cooperation of the L.A. Housing Partnership. Cary Anderson discussed street sweeping schedules in the area; parking districts; Police Department enforcement of street sweeping districts; the length of time it takes to enforce two hour parking; and enforcement priorities. 11 February 28, 2011 Item A-1 (continued) At this time, Councilmember O'Leary recused himself from discussion of this item, as his business is located near the district being discussed. Councilmember O'Leary left the dais at 8:17 p.m. Carol Schwab, City Attorney, clarified the standard for recusal and noted that to be on the safe side, Councilmember O'Leary had recused himself although he did not have a conflict regarding the Tilden Terrace project. Discussion ensued between the City Council and staff regarding support for the parking district; enforcement; and new street sweeping times. • MOVED BY COUNCILMEMBER COOPER AND SECONDED BY COUNCILMEMBER WEISSMAN, THAT THE CITY COUNCIL: 1. WAIVE CERTAIN REQUIREMENTS OF THE PROCEDURES AND REGULATIONS FOR PREFERENTIAL PARKING ZONES AS SET FORTH IN THE STAFF REPORT; AND 2. ADOPT RESOLUTION NO. 2011-R015 ESTABLISHING A PREFERENTIAL PARKING DISTRICT (TILDEN AVENUE RESIDENTIAL PARKING DISTRICT) AND RESCINDING RESOLUTION NO. 2009-R035. AYES: Councilmembers Cooper, Malsin, Weissman, Armenta NOES: None ABSTAIN: Councilmember O'Leary ABSENT: None Councilmember O'Leary returned to the dais at 8:20 p.m. o0o Recess The City Council recessed to the Redevelopment Agency meeting at 8:20 p.m. (30o 12 February 28, 2011 Reconvene The City Council reconvened its meeting at 10:40 p.m., with all Councilmembers present. o0o Public Comment for Items Not on the Agenda - continued. Mayor Armenta invited public participation. There was no response. o0o Receipt of Correspondence MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE. o0o Items from Staff No action was taken on this item. o0o 13 February 28, 2011 Items from the City Council Items Presented by CouncilmeMber Malsin: • Requested that staff look into fee structures for location film shoots as he wanted the City to be more competitive, especially with regard to reality television shows. The City Council concurred with the request. o0o Items Presented by .Councilmember Weissman: • Announced a celebration of the reopening of the Dog Park by the Friends of the Culver City Dog Park on March 12-13, 2011. o0o Items Presented by Councilmember Cooper: • Encouraged residents to return to the Culver City Dog Park when it reopens on March 12, 2011. o0o 14 February 28, 2011 Adjournment There being no further business, at 10:44 p.m., the City Council adjourned its meeting in memory of Herbert F. Karnofsky, father of former School Board Member Marla Wolkowitz and father-in-law of former Mayor and Councilmember Ed Wolkowitz to a meeting to be held on March 7, 2011. 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 CHRISTOPHER ARMENTA MAYOR of the City of Culver City, California 15