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.
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Item C-2
Cash Disbursements
THAT THE CITY COUNCIL APPROVE CASH DISBURSEMENTS FROM FEBRUARY
5, 2011 THROUGH FEBRUARY 18, 2011.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Recess
The City Council recessed to the Redevelopment Agency meeting at
8:20 p.m.
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12 February 28, 2011
Reconvene
The City Council reconvened its meeting at 10:40 p.m., with all
Councilmembers present.
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Public Comment for Items Not on the Agenda - continued.
Mayor Armenta invited public participation.
There was no response.
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Receipt of Correspondence
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
MALSIN 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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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.
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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.
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Items Presented by Councilmember Cooper:
• Encouraged residents to return to the Culver City Dog Park
when it reopens on March 12, 2011.
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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.
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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
CHRISTOPHER ARMENTA
MAYOR of the City of Culver City, California
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